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HomeMy WebLinkAboutRES 2003 446 0617RESOLUTION NO. PC- 2003 -446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 5394 A SUBDIVISION OF A 2.028 -ACRE PARCEL LOCATED AT 11820 DARLENE LANE INTO TWO (2) PARCELS, ON THE APPLICATION OF LOUIS AND DIANE MIRAGLIA (ASSESSOR PARCEL NO. 511 -0- 010 -435). WHEREAS, on June 17, 2003, the Planning Commission held a duly noticed public hearing to consider the application of Louis and Diane Miraglia for Tentative Parcel Map No. 5394, the subdivision of a 2.028 -acre parcel at 11820 Darlene Lane into two (2) 1.014 -acre parcels. (Assessor Parcel No. 511 -0- 010 -435); and WHEREAS, at its meeting of June 17, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 of the CEQA Guidelines as a Class 15 exemption for Minor Land Divisions. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies, the Planning Commission has determined that Tentative Parcel Map No. 5394, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the city's General Plan, in that the resulting lot sizes will be in keeping with the minimum sizes established by the Land Use Element of the General Plan. S: \Community Development \DEV PMTS \T P M \5399 Miraglia \PC Reso PD.doc Resolution No. PC- 2003 -446 Page 2 B. The design and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the rural character of the neighborhood, as envisioned in the General Plan, will be preserved. C. The site is physically suitable for the type of development proposed, in that the site has been prepared for residential development, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed density of development, in that the size of the pad area on the subject property is such that the creation of one (1) additional lot, as proposed in this request, can be accommodated without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already exists in a disturbed /developed state, and the creation of one (1) additional lot, as proposed in this request, can be accommodated without major alteration of existing terrain. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no easements exist which will be adversely affected by the subdivision of land on the subject property. H. There will 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, in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is situated in a hillside area away from natural drainage courses or other bodies of water. SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Tentative Parcel Map No. 5394 subject Resolution No. PC- 2003 -446 Page 3 to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay, Pozza and Chair Landis NOES: ABSTAIN: ABSENT: Vice Chair DiCecco PASSED, AND ADOPTED this 17th day of June, 2003. Kipp A. Lan is, ATTEST: m unit- 4 H Director Exhibit A - Special and Standard Conditions of Approval Resolution No. PC- 2003 -446 Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR PARCEL MAP No. 5394 SPECIAL CONDITIONS 1. This approval is for a Tentative Parcel Map only. Any further development of the property will require the issuance of appropriate City permits. STANDARD CONDITIONS The following conditions shall be required of all projects: Please contact the PLANNING DIVISION for compliance with the following conditions: GENERAL 1. Tentative Parcel Map No. 5394 is approved as shown on the Map marked Attachment 2 on file in the Community Development Department, or as amended by these Conditions of Approval. The Conditions of Approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map. 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 Community Development Director. 3. This Tentative Parcel Map shall expire on June 18, 2004, at 5:00 p.m. (one (1) year from the date of its approval). At least 30 -days prior to the expiration of the Map, the subdivider may apply to the Community Development Department for a one (1) year time extension. The Community Development Director may, at his /her discretion, 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 the subdivider can document that work has diligently been pursued toward map recordation during the initial period of time. Resolution No. PC- 2003 -446 Page 5 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 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. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. C. 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. 5. 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. 6. The Parcel 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." 7. Prior to recordation, the subdivider shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 8. Prior to recordation, the subdivider shall pay all outstanding case processing (Planning and Engineering), and Resolution No. PC- 2003 -446 Page 6 all City legal service fees. The subdivider, applicant, permittee, or successors in interest shall also submit to the Community Development Department, a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Parcel Map. LANDSCAPING AND FENCING PLANS 9. Prior to approval of a Building Permit, the applicant shall submit a complete Landscape and Fencing Plan in conformance with the City of Moorpark Landscape Guidelines and policies. The Plan shall include, but not be limited to all specifications and details, landscape maintenance program, wall connection, at the applicant's expense, to existing property line fences and or walls on adjacent properties, proper vehicle sight distances. Review by the City's Landscape Architect and approval by the Community Development Director prior to issuance of the Zoning Clearance. 10. Prior to approval of a Building Permit, all fences /walls along the subdivision boundary and lot boundaries shall be in place, unless the Community Development Director has approved an alternative installation program. 11. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer and in accordance with an approved Landscape and Irrigation Plan. 12. Temporary irrigation, hydroseeding and erosion control measures 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 a temporary or permanent 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 except that during the rainy season these measures will be implemented immediately. Resolution No. PC- 2003 -446 Page 7 Please contact the ENGINEERING DIVISION for compliance with the following conditions: GENERAL 13. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 14. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. 15. The Developer 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. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 16. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. Copies of these approved permits shall be provided to the City Engineer. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 17. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, Resolution No. PC- 2003 -446 Page 8 and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 18. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. PARCEL MAP 19. The Developer shall submit to the Department of Community Development and the City Engineer for review a current title report (within 6 months), which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 20. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 21. Prior to recordation, a Parcel Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 22. The Subdivider shall provide proof of physical and feasible access to the nearest public street and that the same private easement gives Developer the right to extend access to future owners. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. 23. The land division shall make provisions to provide for extensions of all utilities, including maintenance and construction. 24. Prior to recordation, any lot -to -lot drainage easements and secondary drainage easements shall be delineated on the Parcel Map. Assurances in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows in a manner acceptable to the City Engineer. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners to maintain any private storm Resolution No. PC- 2003 -446 Page 9 drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 25. Prior to submittal of the Parcel Map to the City for review, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Parcel 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 evidence of compliance shall be submitted to the City Engineer. GRADING 26. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete all grading, and drainage and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 27. The importing or exporting of soils to or from the site is not allowed. 28. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 29. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 30. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 31. The maximum gradient for any slope shall not exceed 2:1 (horizontal to vertical). All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. Resolution No. PC- 2003 -446 Page 10 32. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 33. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (21) feet of lift and 100 lineal feet of trench excavation. 34. Observe a 15 -mile per hour speed limit for the construction area. 35. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm or greater) as indicated at the Ventura County Air Pollution Control District (APCD) air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the grading period shall be Resolution No. PC- 2003 -446 Page 11 required to have tire wash -downs to minimize the dispersion of dust onto local streets. 36. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project SWPPP. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. 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 to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 37. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with BMP features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. Resolution No. PC- 2003 -446 Page 12 38. The Developer shall prepare a SWPPP to address construction impacts and long term operational impacts from the project on downstream facilities, environments and watersheds. The design shall include measures for irrigation and hydro seeding on all graded areas. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. The avoidance of the use of mechanical storm water treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Developer shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The SWPPP shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for rough grading. 39. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 P.M. Saturday. Construction work on Saturdays shall require pre- approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. Resolution No. PC- 2003 -446 Page 13 b. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. GEOTECHNICAL /GEOLOGY 40. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 41. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Resolution No. PC- 2003 -446 Page 14 ACCESS 42. The Developer shall submit a copy of the site grading and drainage plan stamped and signed by the Fire Department noting that access is acceptable for fire fighting equipment. 43. The Developer shall provide plans certifying that the site has all weather access to the nearest public road in a manner acceptable to the City Engineer. DRAINAGE 44. The Developer 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. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, 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 Flood Control Standards except as follows: i. All storm drains shall carry a 100 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" BMP drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative, the Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through Resolution No. PC- 2003 -446 Page 15 the Developer's use or maintenance failure of mechanical treatment facilities C. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. d. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. e. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately maintained. 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. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. f. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 45. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm and a finished floor elevation 1 foot minimum above the 100 -year flood occurrence. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 46. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm Resolution No. PC- 2003 -446 Page 16 water Quality Management Program, NPDES Permit No. CAS004002. 47. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. BMP landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 48. Prior to approval of plans for NPDES Facilities, the Developer shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 49. Improvement plans shall note that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks." The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 50. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also 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 Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 51. Prior to Parcel Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive BMP to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. Resolution No. PC- 2003 -446 Page 17 52. The project construction plans shall state that the Developer shall comply with the "California Storm Water Best Management Practice Handbooks" - BMP applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite 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. Water flushing is not an approved method for cleaning. b. The City shall require that "passive" devices and BMPs be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Developer/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. MISCELLANEOUS 53. All existing, relocated and new utilities shall be placed underground. 54. Prior to recordation of the Parcel Map, the Developer shall prepare an agreement which 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. 55. Prior to the issuance of a Zoning Clearance for a building permit As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. PRIOR TO ZONING CLEARANCE FOR OCCUPANCY 56. A final grading certification shall be submitted to and approved by the City Engineer. 57. All permanent NPDES BMP facilities shall be operational. 58. Original "as built" plans shall be certified by the Developer'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" mylars Resolution No. PC- 2003 -446 Page 18 (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 59. The Community Development Department and the City Engineer shall ensure that the conditions have been satisfied. SURETY BONDS 60. Prior to commencement of any phase of work under this Agreement, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 61. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Developer. 62. Developer shall complete the Improvements no later than two years after start of work, but in any event prior to first occupancy. All Improvements shall be completed to City's Resolution No. PC- 2003 -446 Page 19 satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. FINAL INSPECTION 63. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the improvements as complete. 64. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. GUARANTEE OF IMPROVEMENTS 65. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 66. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or Resolution No. PC- 2003 -446 Page 20 noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 67. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 68. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these conditions of approval for this Tentative Parcel Map regarding grading and construction of improvements prior to recording a Parcel Map and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Developer fails to complete said work within the required time C. Developer is adjudged a bankrupt d. Developer makes a general assignment for the benefit of Developer's creditors e. A receiver is appointed in the event of Developer's insolvency f. Developer or any of Developer's officers, agents, servants or employees violates any of the provisions of this Agreement. 69. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this parcel map, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. Resolution No. PC- 2003 -446 Page 21 In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 70. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this Parcel Map shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 71. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. Resolution No. PC- 2003 -446 Page 22 Please contact the FIRE DISTRICT for compliance with the following conditions: GENERAL 72. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 ton Ventura County Fire Protection District (Fire District) vehicle shall be installed. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches. 73. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not exceed a 2.50 cross slope in any direction and shall be located within 150 -feet of the end of the access road /driveway. 74. Prior to recordation of the Parcel Map, the applicant shall provide the Fire District written verification from the water purveyor that it can provide the required fire flow of 1,000 gallons per minute at 20 pounds per square inch (psi). 75. Within 7 -days of the recordation of the Parcel Map, a copy shall be provided to the Fire District. DEVELOPMENT REQUIREMENTS 76. Prior to occupancy address numbers shall be installed in accordance with Fire District and City of Moorpark standards. 77. Prior to the commencement of construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. The plans shall show existing hydrants within 500 feet of the development and indicate the type of hydrant, number and size of outlets proposed, if any. 78. Prior to combustible construction, fire hydrants shall be installed and operational. 79. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 80. Prior to the issuance of a building permit plans for all fire sprinkler systems shall be submitted, with payment for plan check, to the Fire District for review and approval. Resolution No. PC- 2003 -446 Page 23 81. Prior to the commencement of construction the applicant shall submit a phasing plan to the Fire District for review and approval. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 82. 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. 83. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water improvement plans in the required format. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water improvements. f. Plan check, construction inspection, capital improvement charge, and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. - END -