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HomeMy WebLinkAboutRES 2000 392 0626RESOLUTION NO. PC- 2000 -392 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 5045 FOR A 562 LOT SUBDIVISION ON APPROXIMATELY 445 GROSS ACRES OF LAND LOCATED SOUTHERLY OF BROADWAY EASTERLY OF WALNUT CANYON ROAD, WESTERLY OF HAPPY CAMP CANYON REGIONAL PARK, NORTHERLY OF CHARLES STREET ALONG THE EXTENSION OF SPRING ROAD ON THE APPLICATION OF MORRISON- FOUNTAINWOOD- AGOURA (ASSESSOR'S PARCEL NOS., 500 - 240 -035, 500 - 240 -045, 500 - 270 -075, 500- 270 -085, 500 - 270 -195, 500 - 270 -205, 512 -160- 125, 512 - 160 -525, 512 - 160 - 545, 512- 160 -555, 512 - 160 -705. WHEREAS, at a duly noticed public hearing the Planning Commission considered the application filed by Morrison - Fountainwood- Agoura for approval of Tentative Tract Map No. 5045 for the subdivision of an existing 445 gross acres into 562 lots. WHEREAS, at its meeting of June 26, 2000, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning Commission staff report dated June 26, 2000, prepared for said meeting, public testimony, and Commission discussion has reached the decision in this matter as contained herein; and WHEREAS, Section 15182 of the Guidelines to Implement the California Environmental Quality Act permits agencies to approve residential projects where an EIR has been prepared for a Specific Plan. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: C.E.Q.A. Findings 1. That EIR SCH96041030 adopted and certified for Specific Plan No.2 and its ancillary applications by the City r Council serves as the environmental document for Tentative Tract 5045 as permitted by Section 15182 of the Guidelines Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 2 to implement CEQA as adopted by the California Resources Agency. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the previous EIR have been incorporated into the proposed project. 3. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seg., in that: 1. The proposed map is consistent with the General Plan as modified through prior General Plan Amendment and is consistent with Specific Plan No. 2, Moorpark Highlands Specific Plan. 2. That the design and improvements of the proposed subdivision is consistent with the General Plan, The Specific Plan, and Chapter 17.74 of the Moorpark Municipal Code regarding development standards for the Moorpark Highlands Specific Plan development area. 3.' The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements as conditioned and subject to adopted mitigation measures are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to create public health or safety impacts. 7. The design of the subdivision and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8.' There would be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 3 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 2. The Planning Commission does hereby find that the proposed Tentative Tract Map will be consistent with the City's General Plan prior to recordation of the Final Map. SECTION 3. The Planning Commission recommends to the City Council the use of a previous EIR as cited in Section 1 above, consistent with the provisions contained within the Guidelines to Implement CEQA. SECTION 4. The Planning Commission hereby conditionally recommends to the City Council approval of Tentative Tract Map No. 5045 to create 562 lots on the application of Morrison- Fount ainwood- Agoura, subject to compliance with the conditions of approval contained in Exhibit A, attached. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioners Parvin, Landis, Otto, Haller, and DiCecco. NOES: PASSED, APPROVED, AND ADOPTED THIS 26 TH DAY OF June 2000. ATTEST: Celia LaFleur, SLdcretary to the Planning Commission wv�l, ri • " Attachment: Exhibit "A" - Conditions of Approval Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 4 EXHIBIT "A" Application of City Ordinances /Policies CDD -l. The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Acceptance of Conditions CDD -2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. Expiration of Map CDD -3. This Tentative Tract Map shall expire seven (7) years from the date of its approval. The Director of Community Development may, at his discretion, may grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Hold Harmless CDp -4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is Resolution No. PC- 2000 -392 Morrison- Fountainwood- Agoura Tract 5045 Page 5 brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding f unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. Effect of Conditions CDD -5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability CDD -6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Title Report CDD -7. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 6 limits of the subdivision as well as any easements that affect the subdivision. Water District Release CDD -8. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Cross Connection Control Devices CDD -9. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Suretv Bond for Utilities CDD -10. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage roads of the site. CDD -11. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. All power lines less than 66KV shall be undergrounded. FEES, CONTRIBUTIONS AND DEPOSITS: CDD -12. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related �` Fees" Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 7 Fees and Park Dedication CDD -13. Prior to recordation shall comply with Development Agreement. Citywide Traffic Mitigation Fee CDD -14. Prior to issuance of shall pay an indexed of $4,000 for each $18,000.00 per acre o by Section 6.5 of the of a Final Map, the subdivider Section 6.9 of the adopted a building permit, the applicant Citywide Traffic Mitigation Fee of the residential units, and f institutional use as prescribed adopted Development Agreement. Development Fee CDD -15. Prior to issuance of a building permit, the applicant shall pay an indexed development fee of not less than $7,300.00 per dwelling unit and $32,850.00 per acre of institutional use as prescribed by Section 6.4 of the adopted Development Agreement. Community Services Fee ^ CDD -16. Prior to issuance of a building permit, the applicant shall pay an indexed Community Services Fee of not less than $500.00 per dwelling unit and $2,250.00 per acre for institutional use as prescribed by Section 6.6 of the adopted Development Agreement. Affordable Housinc Fee CDD -17. Prior to issuance of a building permit, the applicant shall pay an indexed Affordable Housing Fee of not less than $3,580.00 per dwelling unit as prescribed by Section 6.14 of the adopted Development Agreement. Air Quality Fee CDD -18. Prior to issuance of a building permit, the applicant shall pay an Air Quality Fee computed on the basis of the latest version of the URBEMIS program in use by the City at the date of the first plan check application as prescribed by Section 6.15 of the adopted Development Agreement. CC &R and Landscaping Easement Requirement CDD -19. Covenants, Conditions, and Restrictions (CC &Rs) establishing a Homeowners' Association for the �"^• proposed subdivision shall be prepared and shall identify the maintenance responsibilities of the Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 '• Page 8 Homeowners' Association including, but not limited to; (1) all walls and landscape entry features, (2) bicycle and equestrian trails, (3) any private recreational facilities. In addition, the applicant shall provide all landscaping easements across private property as determined by the City for the purpose of providing such maintenance. The CC &Rs shall address the maintenance of all walls and landscaped areas including front yard landscaping for all residences, parkway landscaping adjacent to all public and private rights -of -way, recreation and open space areas, maintenance of private streets, and other facilities as required by the City to be maintained. Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District shall be borne by the lot owners within Tract 5133. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. The CC &Rs shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC &Rs, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC &Rs submitted for City review. Prior to sale of any units, the CC &Rs shall be approved by the State Department of Real Estate and then recorded. The applicant shall be required to pay all costs associated with City Attorney review of the project CC &Rs prior to final map approval. CDD -20. The Homeowners' Association may modify the CC &Rs only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC &Rs. CDD -21. The CC &Rs shall include a requirement that any future residential units constructed or modifications to Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 9 existing units in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. CDD -22. The CC &Rs shall contain language in the form of a disclosure statement to homebuyers that: a. Homes adjacent to Spring Road are subject to potential intrusive noise from traffic. b. SR -23 and SR -118 arterial bypass roadways are planned for future development and that homes adjacent to these roadways will be subject to intrusive noise from traffic. C. Agricultural operations exist adjacent to the north boundary of the subdivision and homes constructed in this area may be subject to increased noise, odors, and impacts caused by aerial spraying and other agricultural tasks. This disclosure shall be incorporated into the Department of Real Estate White Report and shall be /"• given as a separate disclosure to potential buyers. CDD -23. The CC &Rs shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &Rs shall also include a requirement for the following energy saving devices or construction features: A. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. B. All thermostats connected to the main space - heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. D. For attenuation of interior noise levels of the homes built on Lots abutting Spring Road, all window openings facing Spring Road shall be equipped with acoustical windows rated at STC -30 or better and shall be installed consistent with manufacturer directions and to the satisfaction of the Director of Community Development. Additionally, an appropriately sized forced �. ventilation system shall be installed and fresh air or discharge openings for such a system shall Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 10 be located on the side of the dwelling opposite Spring Road. CDD -24. A fencing, perimeter, gate, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC &Rs. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final wall and fence plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. CDD -25. The CC &Rs shall include language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. CDD -26. The CC &Rs shall include language requiring the Homeowners Association to be responsible for the maintenance of drainage facilities including all NPDES requirements unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. CDD -27. The CC &Rs shall include language prohibiting use of roofing material made of wood or asphalt shingles and requiring tile roofs as determined by the City as roofing materials for residential structures. CDD -28. The Mrs shall contain language that requires all dwelling units to comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. CDD -29. CC &Rs shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 11 Garages shall remain permanently available for the purpose of automobile parking. CDD -30. The CC &Rs shall require the Homeowner's Association to remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. CDD -31. The CC &Rs shall provide language requiring that all residents must park in the garages. The CC &RS shall also state that all on- street parking shall be designated for guest parking and that the parking of automobiles in the curb -cut areas in front of garages shall be precluded. CDD -32. The following requirements shall be included in the CC &Rs: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleared at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated and sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff, promote surface f'� filtration, and minimize the use of fertilizers and Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 12 pesticides, which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. Outstandina Case Processina Fees CDD -33. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance for any permits. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Tract Map. Dedication of Access Riahts CDD -34. Except for those access locations required by the Specific Plan to serve abutting uses through privately negotiated agreements, the developer shall dedicate vehicular access rights to the City of Moorpark along Spring Road, "C" Street, SR -23 and SR -118. All interior streets within the project site in order to provide access for all governmental agencies providing Municipal Code compliance, public safety, health and welfare services shall be dedicated public streets excepting therefrom interior streets or drives in Planning Area 5. Affordable Housin CDD -35. Morrison - Fountainwood - Aguora, the Developer, pursuant to Section 6.14 of the adopted Development Agreement and as a condition of Tentative Map 5045, shall construct, twenty -five (25) dwelling units to provide housing for families earning 80% or less than the Median Income of the County of Ventura for a family of four. The index of income to be used shall be that in effect at the time that building permits are issued. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 13 Additionally, the developer shall pay to City the amount of Five Thousand Dollars ($5,000.00) for the City's cost to prepare the affordable housing plan and agreement required pursuant to this Condition. These requirements are in addition to those required by section 6.14 of the adopted Development Agreement. OTHER: CDD -36. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. CDD -37. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted to and approved by the Director of Community Development. These shall include all landscape walls and sound walls required by the Specific Plan Development Agreement and mitigation measures adopted for the project whether on -site or off -site. CDD -38. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. CDD -39. The Developer shall incorporate the two parcels [APN 500 -0- 240 -225 AND 500 -0- 240 -2351 adjacent to and located contiguous at the northwest border of the project site into the Final Map. The purposes or use of these parcels shall be restricted to construction of an intersection for Spring Road and Walnut Canyon Road, subject to approved plans, and Natural Open Space use. Access rights along the street face of each of the public streets shall be dedicated to the City of Moorpark. CDD -40. Applicant shall provide to the satisfaction of the City Council, proof that access agreements for vehicular access have been provided to all properties west of Spring Road. CDD -41. All conditions of approval of the Specific Plan contained within the Development Agreement adopted as Ordinance 263 shall apply to Tract 5045 and any subsequent entitlement requests. Archaeological or Historical Finds CDD -42. If any archaeological or historical finds are uncovered during excavation operations, all grading or Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 14 excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. CDD -43. The applicant shall submit a detailed grading plan for review and approval which indicates to where and at what value any import or export of dirt shall occur. If import dirt is to be brought to the site, the applicant shall state the number of cubic yards and location of the borrow site. The haul routes to be used shall be incorporated to the permit approval. Lighting Plan CDD -44. Prior to issuance of a Zoning Clearance for Grading or Construction for any dwelling units on the lots created by this Tract Map, the applicant shall submit to the Department of Community Development a lighting plan for review and approval consistent with Chapter 17.30 of the Zoning Ordinance. Planned Residential Development CDD -45. Prior to issuance of a Zoning Clearance for Grading or Construction for any dwelling units or other amenities on the lots or parcels created by this tract map, the applicant shall submit to the Department of Community Development a comprehensive Residential Planned Development application for review and approval by the Planning Commission and the City Council. The Residential Planned Development Permit application shall be consistent with the requirements set forth within Specific Plan No. 2 for Moorpark Highlands as approved by the City Council and shall build upon the concept diagrams submitted for preliminary guidance and consideration with this subdivision application. Submittal of Landscape Plans CDD -46. Prior to issuance of a Zoning Clearance for construction or grading of the public roadways within and adjacent to this tract, applicant shall submit a Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 15 complete landscape plan, together with specifications to the Director of Community Development. The plans shall conform to the following: A. Three sets of plans shall be submitted for each plan check. B. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. C. The plans shall include the following landscape components as appropriate demolition, construction, irrigation, planting, details and specifications. D. Unless otherwise specified in these conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. r� E. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification standards described in the Ventura County Landscape Design Criteria. F. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. G. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. H. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. I. The following notes shall be included on the plans and shall be project conditions: Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 16 i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. J. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. K. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. L. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. M. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. N. The landscaping shall be maintained in accordance with the approved Maintenance Plan. O. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. P. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, front yard landscaping for all residences and all common areas to be maintained by the homeowners association including parkways, median strips and slope easement areas located along Walnut Canyon Road, Spring Road, "C" Street and interior streets. Front Yard landscaping shall be installed on all lots in this project and approved by the Director of Community Development Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 ` Page 17 prior to final inspection and release of utilities. Q. Prior to the issuance of a Zoning Clearance for construction and /or recordation of Tentative Tract Map No. 5045, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and walls adjacent to Walnut Canyon Road, Spring Road and "C" Street in the event such is determined to be necessary by the City at it's sole discretion. The Homeowners Association shall be responsible for maintenance of all common areas as determined by the City. Bermed landscaping consisting of trees, ground cover, flowers and shrubs shall be provided along the property frontage adjacent to Los Angeles Avenue. R. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the �- following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian and /or equestrian paths within the project limits. ii. All plant species utilized shall not exceed the irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii. Landscaping at site entrances and exits and any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. iv. Back flow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. V. A coordinated tree planting program shall be developed which will provide a dominant theme trees within the components of the proposed development. To the extent practical, trees shall be planted in similar Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 18 fashion to natural occurring individuals, small groves or clusters particularly where the moderation of visual conditions is necessary. vi. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. vii. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. viii.The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. Habitat Conservation Plan CDD -47. Prior to the recordation of the Final Map, the applicant shall provide to the Community Development Director a completed and adopted "Habitat Conservation Plan for the California Gnatcatcher" as approved by the U.S. Fish and Wildlife Service pursuant to the Federal Endangered Species Act, along with any and all agreements, licenses, restrictions, conditions and /or statements of understanding necessary to maintain and preserve said habitat. CDD -48. Developer shall convey the required Habitat Conservation Area to an entity as specified by the adopted Development Agreement. In the event the area shall no longer be required to serve as a habitat for the referenced endangered species, due to the loss of the species because natural forces or acts, or for any other reason not created by the applicant during the course of development of this project, the habitat area shall pass to the City of Moorpark for purposes of establishing a limited access passive open space Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 i� Page 19 area for preservation of the Venturan and Coastal Sage Scrub communities and any riparian habitat present. Construction Access Plan CDD -49. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Cable Service CDD -50. Television cable service shall be provided to all residential units consistent with existing cable system requirements. Under - grounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. SR -23 /SR -118 Requirements CDD -51. Applicant shall at his sole cost prepare engineered plans for the vertical and horizontal alignment and grading of the SR -23 and SR -118 arterial bypass reservations shown upon the tentative map and Specific Plan No.2 consistent with CALTRANS standards for public highways. Upon approval of the engineered plans developer shall grade the alignments to accommodate a minimum two lane arterial roadway consisting of one 14 foot travel lane and an 8 foot shoulder in each direction and with a 20 foot median, for the full length of each of the alignments within the tentative tract. If approved by action of the City Council, an in -lieu fee as determined by the City Manager may be deposited by the developer to pay for the grading of the rights -of -way as described thereby relieving the applicant of the responsibility to grade the areas identified. Restricted Building Areas CDD -52. No structure which is expected to have a human occupancy rate of more than 2,000 person -hours per year shall be placed within the Restricted Use Zone (RUZ) shown on Exhibit 27, Specific Plan No. 2 EIR, unless future geologic studies are performed which demonstrate the suitability of this zone, or portions thereof, for such development. Full -time habitable structures shall be located behind the proposed �- setback limits depicted on the EIR Exhibit 27 for the Specific Plan. The placement of parks, roadways, Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 20 utilities and non - habitable structures, or structures with an expected human occupancy rate of less than 2,000 person -hours per year may be permissible within the RUZ. Lenqth to Width Ratio Waiver CDD -53. The developer shall maintain the adopted length to width ratios for all lots within the tentative tract map except for the following lots which because of impacts to development are permitted to exceed a three to one (3:1) ratio: Lots 245 through 259; and, Lots 263 through 269. CITY ENGINEER CONDITIONS PRIOR TO THE FINAL NAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General CED -1. All residential areas to be commonly maintained by a Homeowners' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. Grading CED -2. The subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The subdivider shall enter into an agreement with the City of Moorpark to complete the improvements required for each Phase of the Map and shall post sufficient surety guaranteeing completion. A single rough grading plan will be required. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. CED -3. Upon recordation of the Final Map, requests for rough grading permits will be granted in accordance with the approved phasing plan, as required of these conditions and local ordinance. Subsequent fine grading permits shall be issued upon completion of rough grading to the satisfaction of the City and review and approval of fine grading plans for individual phases of the Final Map. r CED -4. Concurrent with submittal of the rough grading plan an erosion, debris /siltation and dust control plan shall Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 21 be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding and temporary irrigation meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites shall include temporary irrigation until groundcover is established, and shall minimize rectilinear form. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit operations. Temporary irrigation, hydroseeding and erosion control measures, such as matting during winter season, shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season, whichever comes first. CED -5. Graded slopes visible from off -site to the east shall be hydroseeded immediately upon completion consistent with the landscape and erosion control plans. CED -6. The grading plan shall provide that graded slopes be hydroseeded or permanently landscaped within thirty (30) days of completion of rough grading. The City may specify alternate deadlines for completion of all hydroseeding and /or erosion control measures, based on the grading schedule and installation of permanent landscaping, as approved by the City Engineer and Director of Community Development. CED -7. Other than for approved on -site grading operations, temporary stockpiling of soil in excess of one thousand (1000) cubic yards shall require approval of the City Council. Lesser amounts may be administratively approved by the Director of Community Development and City Engineer subject to the following: a. The height of the stockpile may not exceed five (5) feet. b. Side slopes shall not exceed 3:1. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 22 c. Duration of the temporary stockpile shall not exceed six (6) months. d. Applicant shall submit a surety equal to the cost of export and disposal plus ten (10) percent. CED -8. On the required rough grading plans that require import /export of more than 100 truckloads or one thousand cubic yards (1000 yd3), whichever is less, the following information shall be made a part of the rough grading plan: haul routes, hours of hauling, numbers and frequency of trucks and other information necessary to define hauling impacts. The import /export plan shall show the quantity of import /export, location of borrow /stockpile sites, temporary and final grading of the site, height of fill /depth of cut, visibility of the site from public roads and lands, vegetation and screening for sites located within the City of Moorpark. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. CED -9. On all required rough grading plans where the total on -site borrow and fill yardages differ by one thousand cubic yards (1000 cu yd) or more, plans for handling the import /export shall be part of the rough grading plan. a. It is anticipated that project grading will balance on -site. Unanticipated off -site import /export operations requiring an excess of one hundred (100) total truck loads or one thousand cubic yards (1000 yd3), whichever is less, shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. b. If the borrow /fill site(s) are within the City limits, a grading plan for such sites, showing the before and after condition, shall also be shown. Borrow /fill sites outside, but within 2 miles of the City limits, shall be approved by the Director of Community Development. CED -10. The final grading plan shall be in substantial r-. compliance with the approved rough grading plan. The City Engineer and Director of Community Development Resolution No. PC- 2000 -392 Morrison- Fountainwood- Agoura Tract 5045 (� Page 23 shall make the determination as to substantial compliance with the approved rough grading plan. The City Engineer may administratively approve minor changes from the rough grading plan. Minor changes are defined as follows: a. changes in elevations of five (5) feet or less from the rough grading plan; b. changes in the total borrow /fill quantities, for the entire area under this tentative map, which do not exceed one thousand cubic yards (1,000 yd3); C. additional import /export quantities not exceeding one thousand cubic yards (1,000 yd3); d. changes which cause no adverse impacts to slope stability, drainage, and erosion control; and; e. changes which, in view of the Director of Community Development, do not result in any adverse impact on aesthetics or viewshed. ! CED -11. The subdivider or subsequent developers shall prepare an Erosion and Sediment Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a California registered Civil Engineer. Proposed management efforts shall include (but not be limited to) construction of debris desiltation and detention basins in the Happy Camp Canyon and Castro - Williams watersheds, provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion /sediment control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The developer shall use "Best Management Practices." The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The Erosion and Sediment Control Plan shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. CED -12. The Erosion and Sediment Control Plan (ESCP) shall provide that temporary erosion control measures be Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 �^ Page 24 used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project ESCP. The following water quality assurance techniques shall be included: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase grading to minimize soil exposure during the October through April storm period. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. i. The subdivider (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. CED -13. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The subdivider shall cause grading plans to be prepared and shall submit the same to the City Engineer for review. No grading or clearing operations may proceed until all fees are paid, all other agency permits and approvals have been obtained and the City Engineer has approved. The grading plan shall contain all features and specify all Best Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 (� Page 25 Management Practices (BMP's) used to comply with water quality enhancement features including: a. installation of drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; b. installation of check dams to reduce flow velocities; C. installation of temporary and permanent desilting basins; d. planting of permanent vegetation, including grass -lined swales; e. Installation of drainage courses and storm drain outlets designed to reduce scour. CED -14. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in, "Erosion and Sediment Yields in the Transverse Ranges, Southern California," (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of the debris basin facility situated in the Castro - Williams watershed (Specific Plan No. 2), as described in the approved ESCP. CED -15. The grading permits issued for the development shall require maintenance schedules for earthmoving equipment and documentation of proper disposal of used oil and other lubricants. The subdivider shall obtain all necessary NPDES related permits prior to City issuance of any grading permit for the project. CED -16. A Master Drainage and Flood Control Improvement Plan (FCIP) shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 26 Flood Control District. Capacity details for the construction of the on -site detention basins shall be included in the FCIP. All applicable Flood Control District permits required to implement the FCIP shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit will be issued until the FCIP is completed. The FCIP shall identify what improvements must be completed coincident with the initiation of rough grading. CED -17. If required by the FCIP, improvements to the permanent debris basin in the Castro - Williams watershed shall be made, which will be sufficient to reduce estimated sediment deposition to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the .proposed project. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. Any required offsite City and County contribution fees for future drainage improvements shall also be paid prior to approval of the Final Map. Implementation of these off -site project drainage mitigation measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood Control District may approve alternative on -site methods to fully mitigate project drainage impacts. CED -18. If required by the FCIP, Castro - Williams debris basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the Applicant/ Developer and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). CED -19. Potential locations for hazard remediation shall be identified on the Bank Protection Plan (BPP). Modifications to the BPP, required by the City Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 27 Engineer or the Ventura County Flood Control District, shall be made as requested. The BPP shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved BPP shall be completed prior to approval of the first phase of the Final Map and prior to issuance of any grading permits. CED -20. The grading plan shall indicate the locations of all existing habitat and other sensitive areas required to be protected during grading of the proposed development. These areas shall be fenced and /or staked to prohibit encroachment prior to the initiation of grading activities. A note shall appear on the grading plan indicating all areas within the development where grading or stockpiling is prohibited. CED -21. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading (preconstruction) meeting and delineated on the phased grading plan and schedule. CED -22. The subdivider shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements, under the supervision of the Water Resources and Development Department of Ventura County Public Works. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. CED -23. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist and a contoured appearance can still be provided. In the case of special circumstances where steeper slopes are warranted, the grading plans will be reviewed by a certified soils engineer and their recommendations will be subject to �^ the review and approval of the City Engineer and the Director of Community Development. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 28 CED -24. New slopes adjacent to roadways and development areas shall be graded in such a way that a natural contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided as a design element of the grading plan to the satisfaction of the Director of Community Development and the City Engineer. Creative contour grading techniques shall be used in low density areas where grading will be visible to pubic streets. CED -25. A manufactured appearance to slopes shall be avoided by creating smooth flowing contours of varying gradients, preferably with slopes of 2:1 to 5:1. Sharp cuts and fills and long linear slopes should be avoided, where possible. CED -26. When a proposed subdivision contains average net lot sizes exceeding 10,000 square feet, lot grading shall be limited to building pad and related functional yard area which may not exceed 50% of the size of the lot area. Flat pad grading of the entire lot is prohibited. The grading plan submitted for project review shall clearly delineate graded and natural portions of proposed lots. CED -27. No grading activities shall take place within 100 feet of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. CED -28. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. CED -29. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height of less than ten (10) feet. CED -30. Manufactured slopes in excess of two hundred (200) feet in length and greater than ten (10) feet in height shall be designed with horizontal curvature Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 29 that simulates the horizontal surface variations of natural contours. CED -31. Any continuous manufactured slope within a subdivision with a slope steepness of 3:1 or steeper, a vertical height of twenty five (25) feet or greater where so allowed, and which abuts five (5) or more lots, shall require the creation of a Homeowners Association or other maintenance entity with provision for the collection of fees or assessments designated specifically to pay costs associated with the maintenance of all slopes falling under this category. The slope maintenance entity, rather than the individual property owners, will be responsible for the maintenance of said slopes. The Tentative rough grading plan shall be designed in such a manner that provides access to said slopes by accessible elements and which avoids the necessity of gaining access to the slopes through individual lots. No fences shall be permitted between lots within the slope easement areas. Slope easement areas may be included as lot area for purposes of calculating lot size. Habitable structures shall not be permitted within common slope easement areas. CED -32. The grading plans shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to trees which must be protected as identified in the approved oak tree or other applicable tree reports. a. Grading and /or the placement of structures shall be prohibited within the drip line or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed within this area. b. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. C. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 30 d. Retaining walls shall be used to protect existing grades within the drip lines of trees. However, these walls shall not alter drainage from around trees. e. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the drip line. During Construction: i. Trees within a construction area shall be protected from damage by equipment by installing temporary barriers such as fencing at the drip line. ii. Equipment, debris, building materials and /or excess soil shall not be stored within the drip line. iii. Trenches for utilities or irrigation shall be routed around the drip line where possible. iv. When not restricted by local building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. V. The operation of heavy construction equipment shall avoid the drip lines of trees where possible. CED -33. Interior slopes between building pads shall be designed with up -slope property lines. CED -34. Grading on the perimeter of the site shall not be designed with perimeter down - slopes to property lines, unless a homeowners association, assessment district, or similar entity is established for maintenance of such down - slopes. CED -35. To reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, Angelus Standard slumpstone, Mission color, Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 31 approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The subdivider shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of sidewalk and any retaining or other property walls. All slough walls shall be shown as part of the approved landscape plan. CED -36. Although exempted from Hillside grading requirements through adoption of Specific Plan No. 2, the Applicant shall demonstrate a good faith effort to ensure that grading plans conform with the principles of the Hillside Management Ordinance relating to contour grading and the preservation of visually prominent ridgelines (horizon lines) to the extent such principles can be achieved within the project area. Manufactured landforms should be contoured and the daylight grading techniques should be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of any ridgelines on the site. Manufactured slopes should be designed to follow the natural contours of the surrounding areas in order to provide visual irregularity. Rough and fine grading plans for lots shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. The grading plans should indicate the manner in which the graded slopes can be blended with the natural slope of the site. CED -37. Areas prone to surficial instability shall be treated using various techniques on a case by case basis, by use of slope retentive vegetation and /or geotextile fabrics, proper irrigation, drainage control, slope refacing or other mitigation techniques, as approved by the City Geologist and Geotechnical Engineer prior to the rough grading permit approval. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 32 CED -38. If available within the City limits, the Applicant shall implement the use of reclaimed water for public and private maintenance areas, and landscaping. Prior to issuance of the grading permits, the Applicant shall submit the project's intentions related to the use of reclaimed water to the City Engineer for his review. CED -39. Grading plan and street sections shall provide for all equestrian trails at all required locations, including crossings. The equestrian trail on Spring Road should extend to "A" Street. CED -40. City agrees to allow for a variation of five feet (5') maximum in the grades as shown on the Grading Plan exhibit of the Specific Plan subject to the approval of the Director of Community Development upon a determination by the Director in his /her sole discretion that the overall visual quality of the Specific Plan would not be significantly affected. CED -41. The City Manager is authorized to sign an early r� grading agreement on behalf of the City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be .consistent with the Specific Plan and approved tentative map and contingent City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading; construction of on -site and off -site improvement consistent with the City Council approved Specific Plan and Tentative Map. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. CED -42. Where residential access across drainage courses occurs, it should be accomplished by a bridge or aesthetically- enhanced culvert accommodating the access way. Natural materials should be used for slope bank protection where these improvements occur. CED -43. Prior to approval of the initial mass grading, the Applicant shall implement the recommendations of the October, 1995 Cultural Resources Report for the Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 33 following historic sites: CA- VEN- 1265 -H, Loci A, CA- VEN- 1267 -H, and CA -VEN- 1269 -H. Geotechnical /Geology Review CED -44. The subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reports certified by a California Registered Civil Engineer and Geologist. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The report shall also discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. In addition, the engineering soils report shall discuss the contents of the soils and presence or absence of any hazardous waste or other contaminants. Note: Review of the geotechnical engineering and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The subdivider shall reimburse the City for all costs including the City's administrative fee for this review. CED -45. All recommendations included in the approved geotechnical engineering and engineering geology reports shall be implemented during project design, grading, and construction in accordance with the approved Project. The improvement and grading plans shall conform with the soil engineer's and engineering geologist's recommendations. CED -46. Unless subsequent geotechnical studies direct otherwise, landslides shall be removed and re- compacted during grading. Alternatively, in some instances, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with the Uniform Building Code (UBC), most recent edition, and applicable City Grading Ordinances. CED -47. Prior to recordation of any Phase of the Final Map, the subdivider shall prepare an agreement which Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 34 indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence, or other adverse geologic conditions that may occur at this site. CED -48. The subdivider or subsequent developers shall contract with an engineering geologist to study any unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace which exhibits recent activity. Final grading requirements for residential facilities shall be defined by an engineering geologist. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. CED -49. All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Prior to issuance of the first building permit, it shall be proven to the City's Geologist and Geotechnical Engineer that all structures are designed in accordance with the seismic design provisions of the Uniform Building Code. CED -50. All geotechnically restricted use zones and building setbacks shall be clearly delineated on the recorded Tract Map. CED -51. All existing fault trench backfill shall be identified on the 1 " =40' scale geologic maps to be produced during the grading plan review. CED -52. The subdivider shall provide more detailed testing and evaluation of material properties, in particular, cohesion of saturated granular soils, as part of the 40 -scale geotechnical study. CED -53. Stability evaluation of inter -lot slopes is required in certain areas. For example, bedding on the south limb of the Moorpark Anticline may represent and adverse condition for the approximately 30 -foot high, generally south facing 2:1 gradient cut slope at the rear of Lots 304 -311, 355 and 356. Similar conditions may occur elsewhere within the tract and shall be evaluated by the project geotechnical consultant on a slope by slope basis. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 (' Page 35 CED -54. Specific provisions in the grading and improvement plans are required for outletting canyon subdrains across deep alluvial removal areas. CED -55. Mixing of localized expansive soils with more common granular non - expansive soils present on -site shall be performed during the rough grading to minimize the expansion potential of graded fills, as verified by the City's Geologist and Geotechnical Engineer. CED -56. The subdivider shall pay all costs for the City approved geotechnical engineer to monitor rough grading and conduct expansion tests on representative soils within influence of structure foundations prior to their final design and construction. CED -57. Moderate to very highly expansive soils are locally present in relatively minor amounts beneath portions of the project site. These materials shall be placed near the bottom of planned deep (canyon) fills (i.e., 10' or more below finished pad grade) where they would have no impact upon proposed structures, as verified by the City's Geologist and Geotechnical Engineer. Storm Water Runoff and Flood Control Plannina CED -58. The subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements and payment of all contractors, laborers and materials suppliers. CED -59. The plans shall depict all on -site and off -site drainage structures required by the City. CED -60. The drainage plans and calculations shall indicate the following conditions before and after development: A. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 36 B. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -year storm; D. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; E. All culverts shall carry a 100 -year frequency storm; F. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways; G. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction; H. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Applicant; I. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; J. If the land to be occupied is in an area of special flood hazard, the Applicant shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50 -year and 100 -year flood levels. K. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets or other approved locations. If necessary, the storm drain system shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 37 L. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. N. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Applicant shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. O. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity Zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. P. Detention facilities shall be constructed to prevent entry by unauthorized persons. Such measures shall include fencing, entry grates, trash racks and similar provisions. Access to detention basins shall be provided via all - weather gated access roads. CED -61. The subdivider shall demonstrate for each building pad within every Phase of the Final Vesting Map that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology and hydraulic calculations shall be per current Ventura County Standards. CED -62. The subdivider shall obtain a permit from the State Water Resources Control Board for "All storm water Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 38 discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." CED -63. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision (if required by FEMA) shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. CED -64. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. CED -65. The subdivider shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the EIR or subsequently required studies and approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Flood Control District. CED -66. Any lot -to -lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The CC &Rs shall be submitted to the City Engineer for review and approval, and shall include provisions for the Homeowner's Association to maintain any private storm Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 (~ Page 39 drainage systems not maintained by a City assessment district, and shall be binding upon future property owners. CED -67. Runoff from developed areas shall be diverted to detention basins, or underground oil and grease traps or other Best Management Practices, as determined by the City Engineer. These devices shall be designed by a registered civil engineer as part of the drainage improvement plans for the project. CED -68. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed of per local and State regulations. National Pollutant Discharge Elimination System (NPDES) CED -69. All areas within this Tentative Map shall comply with the requirements of the National Pollutant Discharge and Elimination systems (NPDES) storm water process, the Ventura County 208 Water Quality Management Plan, and the specific requirements of the county's storm water permits for construction. All permits relating to the storm water system within the Planning Area to be developed shall be obtained and submitted to the City Engineer prior to the issuance of a grading permit within the Planning Area. CED -70. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant /owner shall submit a Storm water Pollution Control Plan ( SWPCP) , on the form provided by the City for the review and approval of the City Engineer. CED -71. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS063339. CED -72. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs ) to effectively prohibit the entry of pollutants from the Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 40 construction site into the storm drain system during construction. CED -73. The Applicant shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Applicant /owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities. The Applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). The Applicant shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. CE D-74. The Applicant shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites." This handout is available at the City Engineers office and a copy will be attached to the approved grading permit. CED -75. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS063339. CED -76. The project construction plans shall note and incorporate that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks " - Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. Said requirements shall include the following: A. All on -site storm drain inlets shall be labeled "Don't Dump - Drains to Arroyo ". B. No outdoor vehicle maintenance shall be allowed. C. All common area property shall be maintenance free of litter and debris. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 41 D. All on -site storm drains shall be cleaned, using approved methods, at least, twice a year, once immediately prior to October 1, the rainy season, and once in January. E. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. CED -77. If required by the City Engineer, grease interceptors shall be installed in all on -site and off -site storm drain inlets. In the event, such grease traps are required to be installed in any on -site inlet; the �,. Applicant shall provide the City with a maintenance program for such devices. The owner /manager of the development shall maintain such grease interceptors in a manner consistent with requirements of the Maintenance Program. CED -78. Prior to submittal of a Final Map for any phase of the project, the Applicant shall design and receive approval by the City Engineer and the VCFCD, for a Storm water Quality Management Plan for the entire project. The Storm water Management Quality Plan shall contain, at a minimum, the following measures to mitigate storm water runoff quality into the Arroyo Simi: a. Storm water Pollution Prevention Plan in accordance with the state's NPDES requirements; b. Measures described in the county's 208 Water Quality Management Plan; C. Federal EPA /NOAA guidance measures for coastal non -point source pollution; d. Other measures from the State Municipal Best Management Practices (BMPs) Manual; Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 42 e. A long term, post construction water quality management plan, describing commitments to install and maintain structural facilities and to conduct nonstructural BMPs consistent with the 208 Water Quality Management Plan; and f. Flood control improvements whose design is sensitive to surface water quality management. Street Improvement Requirements CED -79. The subdivider shall: A. Submit to the City of Moorpark, street improvement plans prepared by a Registered Civil Engineer per the County of Ventura Public Works Agency Road Standards (most recent revision), B. Enter into an agreement with the City of Moorpark to complete the improvements, C. Post sufficient surety guaranteeing the construction of the improvements and payment for the labor and materials therein. CED -80. The street improvements shall include concrete curb and gutter, sidewalk, parkways, median(+s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. CED -81. The subdivider shall install street name signs in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. CED -82. The subdivider shall submit an updated traffic impact study /analysis which includes discussion, location, and warrant studies required and proposed traffic signals. CED -83. All street and driveway curb returns from 4 and 6 lane arterials (primary and secondary controlled access) shall be 45 feet. lr' All streets required by these conditions and shown on the tentative map shall be designed in accordance with Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 43 the applicable Ventura County Road Standard Plates excepting only that they be modified to conform to the cross sections shown on Exhibits 11A, llb and 11C of the Moorpark Highlands Specific Plan No. 2. Spring Road: CED -85. Spring Road shall be designed per City of Moorpark requirement with right -of -way varying between 94 -104 feet in width and lane configurations as modified per Exhibits 11A and 11B of the approved Moorpark Highlands Specific Plan No. 2. All other design criteria shall conform to the Ventura County Road Standards Plate B -2 B and be subject to final approval by the City Engineer. The entire length of Spring Road shall be posted to preclude use as a truck route. CED -86. The improvements on Spring Road shall typically provide a right -of -way of 104 feet, a 14 foot median, two 12 foot northbound travel lanes, two 12 foot southbound travel lanes, one 8 foot Class I bike lane within the east side of the right -of -way separated from the travel and parking lanes; one 8 foot Class II bike lane on the west side of the street; two 8 foot Emergency parking lanes (one shared with the Class II bike lane on the west side of the street) ; a 4 foot landscaped strip adjacent to the curb on each side of the street; a 5 foot sidewalk on each side of the street; a 12 foot multi -use trail, outside the right - of -way, on the west side between the "A" Street intersection and the Walnut Canyon Road intersection; and, a 12 foot multi -use trail, outside the right -of- way, on the east side of the street between the "C" Street intersection and the Walnut Canyon Road intersection consistent with Exhibits 11A and 12 of the approved Moorpark Highlands Specific Plan No. 2. CED -87. The improvements on the southerly portion of Spring Road within the Habitat Conservation Plan (HCP) Area shall provide a right -of -way of 94 feet, a 10 foot median, two 12 foot northbound travel lanes, two 12 foot southbound travel lanes, one 8 foot Class I bike lane on the east side of the street, one 8 foot Class II bike lane on the west side of the street, two 8 foot Emergency parking lanes (shared with the bike lanes), an 8 foot landscaped strip adjacent to the curb on the west of the street, a 10 foot multi -use Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 44 bike and pedestrian way, with a 2 foot landscape strip adjacent, on the east side of the street consistent with Exhibits 11B & 12 of the approved Moorpark Highlands Specific Plan No. 2. CED -88. The intersection of Walnut Canyon Road (State Route 23) and Spring Road shall be designed in accordance with the conceptual design shown on the tentative map and in consultation with the City and CALTRANS to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed and adequate sight distance is provided. Modifications to State Route 23, as required by CALTRANS, shall be constructed prior to occupancy of the first residential unit of Tract No. 5045. An encroachment permit shall be obtained from CALTRANS prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the CALTRANS approved design for this intersection shall be acquired by the subdivider and dedicated to the City in an acceptable form. Entry monumentation that does not interfere with sight- distance or turning movements may be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. Prominent signing designating truck movements shall be incorporated into the design. CED -89. The final design for the Spring Road, Walnut Canyon Road intersection shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of a rough grading permit. CED -90. Prior to occupancy of the first residential unit of Tract 5045 the subdivider shall improve Spring Road as specified in these conditions. "C" Street: CED -91. "C" Street shall be designed per City of Moorpark requirements with right -of -way of 104 feet in width and lane configurations as modified per Exhibit 11A of the approved Moorpark Specific Plan No. 2. All /� other design criteria shall conform to the Ventura Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 45 County Road Standards Plate B -2 B and be subject to final approval by the City Engineer. CED -92. The improvements on "C" Street shall typically provide a right -of -way of 104 feet, a 14 foot median, two 12 foot westbound travel lanes, two 12 foot eastbound travel lane, one 8 foot Class I bike lane on the south side of the street, one 8 foot Class II bike lane on the north side of the street, two 8 foot Emergency parking lanes (one shared with the Class II bike lane), a 4 foot landscaped strip adjacent to the curb on each side of the street, a 5 foot sidewalk on each side of the street, a 12 foot multi -use trail, outside the right -of -way, on the north side of the street consistent with Exhibits 11A and 12 of the approved Moorpark Highlands Specific Plan No. 2. CED -93. The intersection of "C" Street and Spring Road shall be designed to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed as approved by the City Engineer. CED -94. Prior to occupancy of the first residential dwelling unit, all phased roadway improvements shall be completed and inspected to the satisfaction of the City Public Works Director and the City Engineer, as appropriate. An encroachment permit shall be obtained from The City of Moorpark prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the finally approved design for entrances and intersections shall be acquired by the subdivider and dedicated to the City in a manner acceptable to the City. CED -95. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. CED -96. The final design for the "C" Street project entrance shall be submitted to the Director of Community Development and the City Engineer for their review and approval prior to the issuance of a rough grading permit. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 46 Interior Streets: CED -97 Street shall be designed per City of Moorpark requirements with varying right -of -way of 60 -80 feet in width and lane configurations as modified per Exhibits 10 and 11C of the approved Moorpark Highlands Specific Plan No. 2. CED -98. The improvements on "A" Street shall typically provide a right -of -way of 60 feet, one 12 foot north /eastbound travel lane, one 12 foot south /westbound travel lane, an 8 foot Class II bike/ Emergency parking lane on each side of the street, a 5 foot landscaped strip adjacent to the curb on each side of the street, a 5 foot sidewalk on each side of the street consistent with Exhibit 11C of the approved Moorpark Specific Plan No. 2. All other design criteria shall conform to the Ventura County Road Standards Plate B -4 A and be subject to final approval by the City Engineer. CED -99. The improvements on "A" Street, adjacent to the school /park site, shall provide a right -of -way of 80 feet, a 12 foot median, 24 feet of paved area on each side of the street including an 8 foot Class II bike/ Emergency parking lane on each side of the street, a 5 foot landscaped strip adjacent to the curb on each side of the street, a 5 foot sidewalk on each side of the street consistent with Exhibit 10 of the approved Moorpark Specific Plan No. 2, subject to the approval of the Public Works and Community Development Departments. All other design criteria shall conform to the Ventura County Road Standards Plate B -3 A and be subject to final approval by the City Engineer. CED -100. All other publicly dedicated interior streets shall be per Ventura County Standard Plate B -4B having a fifty -six (56) foot right of way, thirty -six (36) foot pavement width, and ten (10) foot parkways. Sidewalks shall be five (5) feet in width. CED -101. All streets serving residential lots shall be publicly dedicated and shall conform to the applicable Ventura County standards. Other Street Improvements CED -102. The arterial and potential collector right -of -ways lr� within the improved streets required by these conditions of approval shall allow for the Resolution No. PC- 2000 -392 Morrison- Fountainwocd- Agoura Tract 5045 Page 47 implementation of bus turn -outs. The specific location of bus stops and the type of stops to be provided shall be determined to the satisfaction of the City Engineer and the Director of Community Development prior to the subdivision map approval. Covered bus stop benches are required to be provided for each bus stop. No bus stops shall be installed along Spring Road between the right -of -way reservation area for State Route 116 and Charles Street. CED -103. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. Street lighting and rural lot lighting standards specified by Ventura County Standard Plate F -9 and F -10, using cut off lenses, shall be incorporated into the project street /lighting design plans. The subdivider shall provide a photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the street boundaries. The layout plan is to be based on a ten(10) foot grid center. CED -104. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. CED -105. The subdivider shall adhere to Business and Professions Code Section 8771, which requires that all monuments be located and tied out prior to any construction or relocation of a street. CED -106. The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. CED -107. The subdivider shall provide slope easements, for road maintenance purposes, along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way. CED -106. Above ground obstructions mailboxes, etc.) are to be placed way landscaping areas whenever �- ground obstructions are to be sidewalk, a minimum five (5) foot (utility cabinets, within the right -of- possible. When above placed within the clear sidewalk width Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 48 must be provided around the obstruction. Cabinets shall utilize screen planting, where appropriate. All screen planting is to be approved by the Public Works, Community Development and City Engineering Departments. Other Fees and Improvement Design Requirements CED -109. City shall limit the payment of the Los Angeles Avenue Area of Contribution (AOC) fee to only the first four hundred seventy -five (475) residential units and any institutional uses within the Project. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each of the residential units and institutional uses. CED -110. Developer shall at its sole cost and expense irrevocably dedicate Planning Area 17 to City. CED -111. Developer at its sole cost and expense shall construct all public bicycle and equestrian trail systems identified in Specific Plan No. 2. Costs shall include but not be limited to, cost of construction, amenities, landscaping and inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, and plans, and specifications for submittal to City. City shall approve design and plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by the City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the five hundredth (500th) residential unit. CED -112. Developer shall at its sole cost and expense irrevocably offer to dedicate to City the right of way for an extension of "C" Street from the terminus of the "C" Street improvements required in the Specific Plan and Subsequent Approvals to the eastern boundary of the Project. At City's sole option, Developer shall provide a surety in a form and amount approved /� by City at its sole discretion to guarantee the Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 49 construction of that portion of "C" Street described above. CED -113. Developer shall acquire at its sole cost and expense the property needed to improve the intersection of Charles Street and Spring Road including the vacant properties at the northwest and southwest corners of said intersection. Any property acquired in excess of that needed for the actual travel or bike lanes or sidewalk shall be landscaped, and /or otherwise improved in a manner determined by City at its sole discretion and the Developer's sole cost and expense including a block wall at the property line. CED -114. Developer shall at its sole cost and expense irrevocably offer to dedicate to City a) that portion of the Project area fronting on Los Angeles Avenue (old)needed by the City for construction and related slope construction easements for City funded street improvements on Los Angeles Avenue; and b) any property adjacent to the extension of Spring Road between "C" Street and Walnut Canyon Road needed for ultimate build out of Spring Road not required to be constructed by Developer as part of the Project. CED -115. Future rights -of -way for State Route 118 and State Route 23, as shown on the Specific Plan Land Use Map, and the Tentative Tract Map, shall be irrevocably offered for dedication to the City in a form approved by the City Attorney. CED -116. Developer agrees at its sole cost and expense to install traffic signals at any intersection within the Project area and at off -site locations as determined by the City at its sole discretion including but not limited to Charles Street /Spring Road, "C" Street /Spring Road, "C" Street /Unnamed loop street ( "A" Street), Spring Road /Walnut Canyon Road, and modification to High Street /Spring Road. Final design, plans and specifications shall be as approved by the City Council and shall include an interconnect system for all required traffic signals. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. CED -117. With the exception of Walnut Canyon Road and Spring Road, where roads are to be built requiring 4 or more inches of pavement, the subdivider shall construct the Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 50 required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. CED -118. For the portion of Spring Road constructed throughout the project area, the Developer shall provide surety to fully cover the cost of a 1 -1/2 inch overlay to be constructed after the final occupancy permit is issued. CED -119. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at its sole expense. CED -120. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows: a. Sidewalks to be a minimum of five feet wide at all points. Provisions shall be made around obstructions to maintain this minimum width. b. All parkways shall maintain a crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. In areas where a slope would intercept the 10 foot wide parkway area, the developer shall cause a retaining wall to be constructed at a location 10 feet behind the face of curb. This retaining wall height shall not exceed 3 feet unless approved by the Director of Community Development. The wall shall be shown on the street plans and landscaping plans. CED -121. The subdivider shall submit wall and landscaping plans and a copy of the CC &Rs showing that provisions have been taken to provide for and maintain proper sight distances. CED -122. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Development for private roads only. If a Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 51 special intersection treatment is used, all maintenance for the special pavement treatment (i.e. stamped concrete, cobble stone, etc.) shall be borne by a Homeowners Association, or similar entity. CED -123. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall include provisions for all off -site improvements along the entire frontage of Tract 5045 and other offsite improvements required by the conditions as described herein and as required by the mitigation measures of the approved EIR. CED -124. The subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. f CED -125. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. Utilities CED -126. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development and the City Engineer) shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be underground to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage of the site. The Applicant shall indicate in writing how this condition will be satisfied. Any above grade utility facilities shall be placed adjacent to landscaped areas and screened on three sides. CED -127. Utilities, facilities and services for the project area will be extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 (" Page 52 a. The subdivider will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The subdivider shall enter into an agreement with Ventura County Water Works District No. 1 ( VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. b. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No. 1 standards. c. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area shall be made prior to development of the project area. All services must be extended by each respective company to meet future demands of the Project Area. Natural gas service shall be provided by Southern California Gas. Electric service shall be provided by Southern California Edison. Telephone service shall be provided by Pacific Bell. Solid waste collection shall be provided by private companies as regulated by the City. These services shall be phased in conjunction with development of the project area. Infrastructure Plannin CED -128. Prior to City Council approval of any phase of the Final Map, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the alignment approved by the City Engineer. The subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 53 Acquisition of Easements and Right of Wa CED -129. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Surety, Bonding, Conveyance of Title, and Legal Actions CED -130. Prior to submittal of the Final Map to the City for review and prior to approval, the subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the /' City of Moorpark. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 / Page 54 DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: CED -131. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. CED -132. Storage of construction materials and equipment shall be centralized, and shall be prohibited within natural open space areas. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL APPLY: CED -133. Utilities, facilities and services for the proposed project shall be extended and /or constructed in conjunction with its phased development by the subdivider as the project proceeds. CED -134. Prior to issuance of any residential building permits, the subdivider shall be required to have road and utility plans approved for the construction of Spring Road as a four -lane arterial from its current terminus (Charles Street) to Walnut Canyon Road and improvement to four -lane arterial standards from High Street to Charles Street, construction of a four -lane arterial roadway east of Spring Road, and construction of a two -lane local collector roadway system which provides access to the eastern arterial roadway and the Spring Road extension. Applicant will be responsible for the full cost of the engineering and construction of the new alignment including changes to signalization at Walnut Canyon Road and Spring Road. A traffic signal shall be installed at the intersection of Charles Street and Spring Road. The project shall fund the installation of traffic signals as required. Except as noted herein all required improvements shall be constructed prior to occupancy of any dwelling unit. CEP-135. The subdivider shall employ appropriate construction measures to minimize the risk of damage to structures, utilities and /or systems allowed within the Restricted Use Zone (RUZ) including but not limited to the following: a. Prudent civil engineering design whereby the number of utility crossings within the RUZ is limited (to as few as practicable), thereby avoiding multiple breaks, extensive repairs an Resolution No. PC- 2000 -392 Morrison- Fountainwood- Agoura Tract 5045 Page 55 extended down time should utilities become ruptured as a result of fault - related ground deformation. b. The use of flexible utility connections or systems to allow minor to moderate ground deformation to occur without permanent utility system damage. C. Placement of strengthened engineered fills beneath non - habitable structures and /or utility systems to decrease the potential of fault - related ground deformation and to increase unitary response. d. Use of deformation strengthened foundation systems (such as post tension and engineered mat foundations) designed to provide deformation control within acceptable limits. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOKING CONDITIONS SMALL APPLY: CED -136. Prior to the occupancy of structures in all phases, sufficient emergency access (two points) shall be provided to allow for patrols to enter the Specific Plan site. CED -137. Prior to final building inspection of any residential structures or any phase, the subdivider shall provide an irrevocable offer of an easement to the City for the purpose of maintaining landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any part thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. CED -138. Provided that new vehicle trips created by this project impact capacity and further provided that a reciprocal traffic agreement has been signed between the County Ventura and the City of Moorpark prior to Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 56 final inspection of any residential structures, the subdivider shall pay a traffic mitigation fee for impacts to SR 118, east of Erringer Road and SR 23, south of Olsen Road, where the project contribution is more than 10 percent and one peak hour trip. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE SUBDIVIDER SHALL SATISFY THE FOLLOWING CONDITIONS: CED -139. The subdivider shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. CED -140. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. CED -141. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. CED -142. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. CED -143. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as- built" in a series of 22" X 36" Mylar (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. COUNTY OF VENTURA ENVIRONMENTAL HEALTH CONDITIONS: VCEH -1. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 57 VCEH -2. Prior to issuance of a building permit the applicant shall obtain approval of a Vector Control Plan from the County of Ventura Environmental Health Division. COUNTY OF VENTURA WATERWORKS DISTRICT CONDITIONS: VCWWD -1. Provide Ventura County Waterworks District the following: a. Water and sewer improvement plans. A sample format is available at the District upon request. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement, charge, sewer connection fee and water meter charge. �^- g. Signed Contract to Install, and Surety Bond. MOORPARK POLICE DEPARTMENT REQUIREMENTS: MPD -1. The applicant is required to adhere to applicable Police Department Requirements. VENTURA COUNTY FLOOD CONTROL CONDITIONS: VCFCD -1. Prior to Final Map Approval, the applicant shall provide to the Ventura County Flood Control District the information required by the District for the proposed future improvements within the Tract consistent with District requirements provided in the District's letter dated April 21, 2000, previously provided to the Developer and incorporated herein by reference. VCFCD-2. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. VENTURA COUNTY FIRE DISTRICT CONDITIONS: VCFD -1. Access roads shall be installed with an all weather '� surface, suitable for access by Fire Department Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 58 apparatus. A minimum clear street width of 36 feet shall be provided. VCFD -2. The access roadway (s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. VCFD -3. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). VCFD -4. Approved turnaround areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. VCFD -5. The access road (s) /driveway (s) shall be certified by a registered Civil Engineer as having an all weather surface in conformance with public Works standards. This certification shall be submitted to the Fire District prior to combustible construction. VCFD -6. Any gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and Knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval prior to recordation. VCFD -7. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review and approval. VCFD -8. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. VCFD -9. Address numbers, a minimum of 4 inches (4 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet (1501) from the street, larger numbers will be required so they are distinguishable from the street. In the event the structure (s) is not visible from the street, the address number (s) shall be posted adjacent to the driveway entrance. VCFD -10. Prior to construction, the applicant shall submit plans to the Fire District for review and approval of the location of hydrants. On Plans, show existing hydrants within 500 feet of the development. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 59 VCFD -11. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works manual. VCFD -12. Each hydrant shall be a 6 -inch wet barrel design and shall have (1) 4 inch and (1) 2 1/2 -inch outlet(s). VCFD -13. The required fire flow shall be achieved at no less than 20 -psi residual pressure. VCFD -14. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. VCFD -15. Fire hydrants shall be set back in from the curb face 24 inches on center. VCFD -16. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided at this location. The applicant shall verify that the water purveyor can provide the required volume at the project. VCFD -17. Prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. VCFD -18. The building plans of public assembly areas which have _ occupant load of 50 or more, shall be submitted to the Fire District for review. VCFD -19. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. VCFD -20. All grass or brush exposing and structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. VCFD -21. An approved spark arrestor shall be installed on the chimney of any structure (s). VCFD -22. Applicant shall obtain and comply with the provisions of VCFD No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. VCFD -23. Any structure greater than 5000 sq. ft. in area /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #23. VCFD -24. Private drives serving up to two (2) structures shall be constructed fifteen (15) feet wide and be able to support a 20 ton Fire District vehicle. A width of 20 feet shall be required on all access roads serving three or four structures. Resolution No. PC- 2000 -392 Morrison - Fountainwood- Agoura Tract 5045 Page 60 VCFD -25. Access roads shall not exceed 15% grade. VCFD -26. Prior to combustible construction for Phase II, an all weather Fire Department access road shall be provided. This road shall be twenty -five (25) feet in width located on the northerly boundary of Planning Area 6 and 7 and merge into "A" Street. t^