Loading...
HomeMy WebLinkAboutAGENDA REPORT 1992 0205 CC REG ITEM 09D MOORPARK, CGti.l1- ^:'A nmm9- �pPpK Cyr t pfYCoun^il Of I I I JL q� OORPARK IO 799 M orp rk Avenue Moorpark, California 93021 805)529-6864 °q" MEMORANDUM �y TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: January 7, 1992 (CC meeting of February 5, 1992) SUBJECT: VESTING TENTATIVE TRACT MAP NOS. 4785 AND 4786 ON THE APPLICATION OF C.T. FINANCIAL Background A public hearing was held by the Planning Commission regarding the above captioned projects on December 16, 1991. The public hearing on these Vesting Tentative Tract Maps was continued to January 6, 1992 to allow staff to revise language changes to conditions of approval for the Vesting Tentative Tract Maps that had been agreed to between the applicant and staff. On January 6, 1992, the Planning Commission approved Resolution No. 92-255 recommending to the City Council approval of Vesting Tentative Tract Map Nos . 4785 and 4786 with the staff recommended verbiage changes to the conditions of approval . Discussion At the public hearing on the above captioned projects held before the Planning Commission on Monday, December 16, 1991, the applicant's attorney, Mr. Alan Camp brought up several questions relating to certain conditions of approval. The following are those conditions Mr. Camp has concerns with: Condition No. 57 for VTT4785 and VTT4786. * Prior to transfer of title by sale or the lease of any lot within this tract, the following streets shall be completed with the possible exception of the top 1-inch of paving: Peach Hill Road; New Los Angeles Avenue (widening) ; and Science Drive from New Los %JRPARK, CALIFORNIA Angeles Avenue to Peach Hill Road. ;y C u If Meettnq With the approval of the City Engineer the top 1 1/2 inches of Z wing may be omitted from this requirement. MOORPARK, CALIFORNIA Clty Cou II Meeflng ACTION: E cc 1 �, �• . PAUL W.LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PER ROY E.TALLEY JR. May Mayor Pro Te Councilmem Councilmember Councilmember Printed On Recycled Paper Mr. Camp's Comment: This condition precludes the applicant's ability to sell or lease the property and that since there is no public safety or welfare issues involved that this condition is outside the City's ability to impose. Condition No. for 60 VTT4785 and VTT4786. * The subdivider shall pay the appropriate contribution to the Tierra Rejada/Moorpark Area Of Contribution fund. The actual deposit shall be the then current rates for each of the Area of Contributions at the time of Final Map approval. Credit shall be given to the subdivider for the following work that he performs: Spring Road Bridge at Arroyo Simi. The subdivider shall be credited for the West parapet and West bridge shoulder and any lanes in excess of two twelve foot traffic lanes and one four foot bike lane (as approved by the City) . The subdivider shall be credited for all street improvements West of the final center line plus one half of the temporary traffic control . The subdivider shall be credited for one half of the design costs as approved by the City. Mr. Camp's comment: He indicated that a municipality cannot collect fees until an impact is created and after the impact is created, the fees can be collected at the time the building permits are issued or prior to the issuance of a Certificate of Occupancy. Condition No. 63 for VTT4785. * The subdivider shall cause the preparation of plans, specifications and estimate for the reconstruction of the Spring Road bridge at Arroyo Simi. The design shall provide for full service (including approaches) during a 100 year design storm. The design shall include a twelve foot traffic lane with a four foot bike lane and a six foot sidewalk on each side of the centerline of the bridge. An alternate design shall be provided that adds two more twelve foot lanes (including approaches) on one side. Right of Way dedications will be made by the subdivider as necessary to accomplish the complete design plus the alternate. The subdivider shall construct the bridge system and provided that it is complete and open to traffic before any occupancy permits are granted within the subject tract or within five years from the date of the recordation of the map, which ever occurs first. 01:07:92 112:07pmA:\STFRPT.CC 2 • Mr. Camp's comment: With the requirement for the developer to provide Science Drive, which is a north/south connector between Tierra Rejada Road and New Los Angeles Avenue, there is no need to require that Spring Road be widened. Therefore there is no nexus for imposition of this condition of approval . Condition No. for 75 VTT4785 and VTT4786. * The subdivider shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. Mr. Camp's comment: He stated that the imposition of this condition violates the applicant's due process rights, and that it should be eliminated. Condition No. for 77 VTT4785 and 76 for VTT4786. * The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e. , grading, street improvement, 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 New Los Angeles Avenue, Spring Road from Peach Hill Road to the north side of the Simi Bridge, Peach Hill Road from Spring Road to Science Drive and Science Drive from New Los Angeles Avenue to Peach Hill Road to include all roadway and typical right-of-way improvements . Prior to the issuance of the first occupancy clearance or building permit final for any building on any lot within Tract 4785, the subdivider shall have physically installed all roadways noted above including those roadways and right-of-way improvements noted above occurring outside the boundary of and extending within Tract 4786 . For those improvement costs noted above, the City shall condition the adjacent subdivider/property owner, or future subdividers of Tract 4785 to reimburse the initial subdivider of the first lot within Tract 4785 from those costs at the time of development pursuant to applicable provisions of the State Subdivision Map Act and/or incorporate said tracts into the Moorpark Road/Tierra Rejada Road or New Los Angeles Avenue Area of Contribution, or any successor of 01:07:92 112:07pmA:\STFRPT.CC 3 y complementary or supplementary method comparable to the existing Area of Contribution mechanism. In the event that another subdivider has a surety in place with the City for this purpose, this requirement or the appropriate portion thereof is suspended so long as the other surety remains in place. The above off-site roadway and right-of-way improvements shall be accomplished in accordance with the approved Carlsberg Specific Plan. Mr. Camp's comment: He stated that requiring improvements for the entire area at this time is contrary to how other developers are conditioned in that development pays for, or constructs infrastructure improvements on an incremental basis when the improvement needs to be completed, not at the time a large lot subdivision is approved. This would be consistent with how the City has handled the Urban West and Griffin developments in the past. Condition No. for 91 VTT4785. * Phase one (TR 4785) shall complete Science Drive from Los Angeles Avenue to Tierra Rejada Road or from Los Angeles Avenue to Peach Hill Road prior to combustible construction. Mr. Camp's comment: He was of the opinion that City staff modified the verbiage of the Fire Department's condition of approval. Staff Comment: The Fire Department wording as indicated in the above condition has not been modified by staff. The applicant provided a letter to the Planning Commission dated January 2, 1992 (attached) regarding the revised conditions of approval for both of the Vesting Tentative Tract Maps indicating the conditions for which the applicant was unable to reach agreement with staff . At the Planning Commission on January 6, 1992, Mr. Tankersley indicated that the conditions for the Tract Maps do not allow for phased recordation which he believed to be not consistent with the approved Specific Plan, that there was no provision for phased construction of the infrastructure, and that the sale of any parcel within the two tracts was precluded until provisions were in place for the completion of all of the infrastructure (see background information in Planning Commission staff report dated December 19, 1991) . On January 27, 1992, the City Engineer indicated that upon further review of the conditions for these Vesting Tentative Tract Maps, modifications should be made to condition No. 55 of VTT 4785 and condition No. 63 of VTT 4786 . The modifications are shown on the following page in legislative format: 01:07:92 112:07pmA:\STFRPT.CC 4 Vesting Tentative Tract Map No. 4785 55 . The street improvements shall include concrete curb and gutter, sidewalk, 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 . The applicable Ventura County Road Standard Plates are as follows: a. Peach Hill Road shall be per Plate B-4A as modified below. b. New Los Angeles Avenue shall be per Plate B-2A with the median raedified te be 26 feet wide. C . Spring Road shall be per Plate B-2B with interim right-of-way modified per x-section "A" of Exhibit 9 of the Carlsberg Specific Plan. d. Science Drive from Los Angeles Avenue to 750 feet south shall be per Plate B-2B with the median modified to be 28 feet wide and the right-of-way modified to be 108 feet wide. Science Drive from 750 feet south of Los Angeles Avenue to Peach Hill Road shall be per Plate B-2B with pavement widths modified to be 20 feet wide and the interim right- of-way to be modified to 67 feet wide. Vesting Tentative Tract Map No. 4786 63 . The subdivider shall widen the North side of Tierra Rejada, adjacent to the project, efpaved r eurb and ..... .....................r........................................................... sidewalk, and s::::::::::::::::::::.06.:.::. .::::::::.::::::::::::::::::::::::::::::::::::::::. . :. »:; '`<< a `;ter saF ....:.....fY........................................:.:..::::::::::::::: : :::::::::::::.::::::::::r::::: »;..... .......:..:..::::;:.:..::: .: .. . :: : ::. . ....:.:. ..:>:: Ri ht turn storage and;>:>sh B :d r: ::..:an .... >< ::::: a:t:>::>:<s: :de r l :; «.;:. :.;;:.:r:.::.:::::.::.::.: :. g g Panes with right of. way dedications shall be provided at all locations along the Tierra Rejada Road frontage where right turns are permitted. NOTE: THE PROCESSING EXPIRATION DATE FOR THESE PROJECTS IS FEBRUARY 21, 1992. Recommendations: 1. Open the public hearing and accept public testimony. 2 . Determine that the environmental effects discussed in the EIR prepared for the Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the subsequent use of the EIR, that the EIR for the Carlsberg Specific Plan pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and 01:07:92 112:07pmA:\STFRPT.CC 5 certify that this body has reviewed and considered the information contained in the EIR and the Mitigation Monitoring Program prepared for these entitlement projects prior to approving the Vesting Tentative Tract Maps . 3 . Make the appropriate findings for each of the entitlements as listed in the Planning Commission staff report dated December 1991. 4 . Direct staff to prepare resolutions approving the requested Tentative Tract Maps with Council directed changes to the Conditions of Approval, for presentation at the City Council 's next regular meeting of February 19, 1992 . Attachments: 1. Planning Commission Resolution No. 92-255 2 . Planning Commission staff report dated December 19, 1991 3 . Planning Commission staff report dated December 2, 1991 4 . Letter from applicant to Planning Commission dated January 2, 1992 5 . Carlsberg Specific Plan 6 . Final Environmental Imapct Report for the Carlsberg Specific Plan 7 . Vesting Tentative Tract Map Nos . 4785 and 4786 Pjr/PP 01:07:92 112:07pmA:\STFRPT.CC 6 w RESOLUTION NO. PC-92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR VESTING TENTATIVE TRACT MAP NOS. 4785 AND 4786 ON THE APPLICATION OF C.T. FINANCIAL (ASSESSOR PARCEL NOS. 500-35-034, 500-35-041, 500-55-15, 500-35-31, 512-15-60 AND 513-05-11) Whereas, at a duly noticed public hearing on December 16, 1991 and January 6, 1992, the Planning Commission considered the application filed by C.T. Financial requesting approval of the following: Vesting Tentative Tract Map No. 4785, which consists of the northern portion of the Carlsberg Specific Plan, contains approximately 206 .49 acres . This subdivision contains the following lots; and Vesting Tentative Tract Map No. 4785 Lot No. Acres Land Use Zoning Lot 1 28 . 0 Sub-Reg. Commercial CPD Lot 2 25 . 0 Business Park M-1 Lot 3 2 .5 Commercial Restaurant CPD Lot 4 11 . 0 Sub. Reg. Commercial CPD Lot 5 23 . 0 Residential RPD-2u Lot 6 23 . 0 Residential RPD-3u Lot 7 6 .5 Park 0-S Four Open Space Lots Open Space O-S Vesting Tentative Tract Map No. 4786, which consists of the southern portion of the Carlsberg Specific Plan, contains approximately 287 . 56 acres . This subdivision contains the following lots: Vesting Tentative Tract Map No. 4786 Lot No. Acres Land Use Zoning Lot 1 25 . 0 Residential RPD-5u Lot 2 21 .5 Residential RPD-3u Lot 3 4 . 0 Institutional RA Lot 4 3 . 0 Institutional RA Lot 5 20 . 6 Proposed School RPD-3u Lot 6 55 . 0 Residential RPD-lu Five Open Space Lots Open Space O-S A: \TRACT.RES 1 ATTACHMENT 1 s Whereas, the Planning Commission after review and consideration of the information contained in the staff report, the the Final EIR prepared for the Carlsberg Specific Plan, the Mitigating Reporting and Monitoring Program and testimony, and has found that the environmental effects discussed in the EIR prepared for the Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the subsequent use of the EIR, that the EIR for the Carlsberg Specific Plan pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and certify that this body has reviewed and considered the information contained in the EIR and the Mitigation Monitoring Program prepared for these entitlement projects prior to making a recommendation to the City Council for approval of the Vesting Tentative Tract Maps will not have a significant adverse effect on the environment, and has reached its decision on this matter; and Whereas, at its meeting of December 16, 1991 and January 6 , 1992, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on January 6, 1992; and Whereas, the Planning Commission continued the hearing to from December 2, 1991, to December 16, 1991 and to January 6 , 1992, and directed staff have the City Attorney review Mr. Camps statements and for staff to report the City Attorney's comments to the Planning Commission, to allow staff to revise the draft conditions of approval as agreed to between the applicant and staff and to allow staff an opportunity to continue to resolve outstanding issues with the applicant verbiage changes . NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California {beginning at Section 210001 ) , the Planning Commission of the City of Moorpark has determined that the environmental effects discussed in the EIR prepared for the Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the subsequent use of the EIR, that the EIR for the Carlsberg Specific Plan pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and certify that this body has reviewed and considered the information contained in the EIR and the Mitigation Monitoring Program prepared for these entitlement projects prior to making a recommendation to the City Council for approval of the Vesting Tentative Tract Maps . SECTION 2 . The Planning Commission hereby adopts the findings in the staff report dated December 2, 1991, and said report is incorporated herein by reference as though fully set forth. A: \TRACT.RES 2 SECTION 3 . The Planning Commission does hereby find that the aforementioned projects are consistent with the City's General Plan and the Carlberg Specific Plan. SECTION 4 . That the Planning Commission hereby recommends to the City Council conditional approval of Vesting Tentative Tract Map Nos . 4785 and 4786 on the application of C.T. Financial subject to compliance with all of the attached conditions attached hereto as Exhibit A. The action of the foregoing direction was approved by the following roll vote: AYES: NOES: PASSES, APPROVED, AND ADOPTED THIS 6TH DAY OF JANUARY, 1992 . Attachment: Exhibit A - Conditions of Approval for VTT 4785 AND 4786 A: \TRACT.RES 3 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2 , 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 2 . Recordation of this subdivision shall be deemed to be acceptance by the applicant and his heirs, assigns, and successors of the conditions of this Map. A notation which references approved conditions of approval shall be included on the final map in a format acceptable to the Director of Community Development. 3 . All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4 . No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful 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. 5 . If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6 . That 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. 1 ATTACHMENT 2 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 unless the settlement is approved by the City. The subdivider's obligations under this condition shall apply regardless of whether a zone clearance is issued with respect to whether a final map or parcel map is ultimately recorded with respect to the subdivision. 7 . This subdivision shall be subject to all applicable regulations of the zoning designations for the property. 8 . No Zoning Clearance for a building permit shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a Zoning Clearance. Approval and recordation of this Map does not supersede the requirement to obtain an approved IPD, RPD, CPD, CUP or development Allotment under the provisions of Measure F as amended prior to the issuance of a Zoning Clearance or a Building Permit for the tract map. 9 . The Vesting Tentative Map shall expire three years from the date of its approval . Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. Any request for a time extension shall be approved by the City Council . 10 . No asbestos pipe or construction materials shall be used for this subdivision without prior approval of the City Council . 11. This Vesting Tentative Tract Map shall not be allowed to record in phases . 2 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 12 . 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 . 13 . A complete landscape plan (2 sets) , together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74 , and shall be submitted to the Director of Community Development for approval. The landscaping Plan shall also include the plans for the common areas . The purpose of the landscaping will be to control erosion , replace mature trees lost as a result of construction and/or grading, and to mitigate the visual impacts of all manufactured slopes three feet or more in height. Landscaping shall consist of drought tolerant and/or native groundcovers, shrubs, and trees which do not require permanent irrigation. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and the final landscape inspection. Note: The landscape plans shall be approved by the Director of Community Development prior to the issuance of a grading permit. a. The subdivider shall agree to provide the necessary maintenance easements to the City for those designated common landscaped areas . The subdivider shall maintain the right to protest the amount and the spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The subdivider shall record a covenant to this effect. b. The applicant shall provide irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. C . The use of native and/or drought-tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the projects site as a result of grading activities . 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. 3 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 14 . Prior to issuance of a grading permit, the subdivider shall submit to the City of Moorpark for review and approval prior to Final Map approval, a Tree Report/Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees . PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 15 . The Developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program as addressed within the Environmental Impact Report for the Carlsberg Specific Plan dated September, 1990 . 16 . In order to reduce the visual impact of manufactured slopes, the toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 17 . Any temporary irrigation provided for landscaping, as identified in the approved landscape plan, shall be in place for a minimum of two years and shall not be removed without prior approval of the Director of Community Development. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as the Property Owner's Association accepts responsibility. Prior to Property Owner's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make the necessary repairs to irrigation system consistent with the landscape plan approved for the subdivision. 18 . Covenants, Conditions, and Restrictions (CC&R's) establishing a Property owners ' Association for the proposed division shall be prepared (Note: CC&R's are subject to approval by the Director of Community Development) and shall identify the maintenance responsibilities of the Property Owners ' Association including, but not limited to, the following: Maintenance of all private streets and common-shared driveways, all storm drains and channels, the landscaped entry areas, any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas" ) . Should the Property Owners ' Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, 4 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 4785 . 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&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, 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. Vesting Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. a. The subdivider shall be required to pay all costs associated with City Attorney and Department of Community Development review of the project CC&R's prior to final map approval . b. The Property Owners ' Association may subsequently modify the CC&R's only after giving the City sixty ( 60) days prior notice and to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Property owners ' Association shall enforce the CC&R's . C . The CC&R's shall include a requirement that any future residential units constructed 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. d. The CC&R's shall include a requirement that ultra-low water consumption plumbing fixtures shall be installed consistent with the Uniform Building Code. The CC&R's shall also include a requirement for the following energy saving devices: 1 . Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights . 2 . All thermostats connected to the main space heating source shall have night setback features . 3 . Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 5 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 e. The Final Map shall indicate all trail easements as shown in the specific plan. The minimum width of said easements shall be 11 feet, and they shall be deeded to the Property Owners ' Association. Note: Final design shall be completed and approved prior to Final Map approval. f . The CC&R's shall include language prohibiting use of wood, asphalt or any other shingles not shown in the approved Specific Plan, as roofing materials for residential structures . 19 . That the Subdivision Agreement shall state that all proposed utilities shall be undergrounded to the nearest off-site utility pole as approved by the City Engineer. All existing utilities shall also be undergrounded to the nearest off-site utility pole with the exception of 66 KVA or larger power lines . 20 . The subdivider shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. 21 . An unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Water and Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 22 . The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterworks ' District No. 1. Subdivider shall be required to comply with Ventura County Waterworks ' Rules and Regulations, including payment of all applicable fees . 23 . Prior to Final Map approval, all outstanding Tract processing fees for TR 4785 shall be paid to the City; including entitlement processing and Condition Compliance review. 6 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 24 . Prior to Final Map approval, the subdivider shall deposit with the City of Moorpark, a Condition Compliance Review Fee in the amount of the original filing fee for the approved entitlement. 25 . The subdivider shall submit to the City for review a current title report which clearly states all interested parties and leaders included within the limits of the Tract as well as any easements that affect the Tract. 26 . Utility stub-outs shall be provided for Lot 7 (Park site) including, but not limited to water, sewer, gas, electric, phone, cable t.v. and the like. A separate water meter shall be installed for Lot 7 by the subdivider. All utilities to this lot shall be placed underground and shall include a water meter of a size to be determined by the Director of Community Services . CITY ENGINEERING CONDITIONS GENERAL CONDITIONS 27 . All borrow/fill sites outside of tract boundaries shall be shown on the approved Grading Plan. The City shall be notified two days prior to any import/export operation and the route to be used shall be approved by the City Engineer. 28 . At the subdivider's request, a staged grading plan may be submitted for approval by the City Council. Such staged grading plan must also be reviewed and approved by the City Engineer prior to submittal to the City Council . 29 . Grading shall occur only during the non-rainy season from April 15 to October 31 unless otherwise approved by the city and subject to installation of debris and erosion control devices . 30 . Prior to recordation of a final map, the city and Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the required distribution facilities or 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. 31. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before 7 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers . 32 . In the event grading activities should take place in the area where Catalina mariposa lilly and the chocolate lilly form bulbs, and such areas are consequently good candidates for plant salvage, they shall employ the services of a qualified botanist prior to the issuance of grading permits, for the purpose of transplanting these plants to a suitable protected open space area as approved by the City. 33 . Prior to the issuance of grading permits, a tree survey and mitigation program shall be reviewed and approved by the Director of Community Development. The study shall be prepared by a State of California registered arborist acceptable to the City and include mitigations incorporated into the conditions of the grading permit. Preservation, transplanting and planting of oak trees or other significant trees and/or plants shall be considered. 34 . Based on the recommendation of a qualified biologist, the subdivider shall install a wildlife guzzler in the open space within the site for wildlife, as recommended by a qualified biologist in either Tracr 4785 or Tract 4786 . All plans for the guzzler shall be reviewed and approved by the City prior to issuance of grading permits . 35 . A qualified biologist shall be consulted in preparation of the grading plan, and his or her recommendations for phasing/staging of and clearing/grading to allow animals to migrate to the open space or other areas off-site, be implemented prior to the issuance of a grading permit. 36 . All construction activities of any kind shall be limited between the hours of 7 :00 a.m. to 7 :00 p.m. Monday through Friday. Truck noise from hauling operations shall be minimized by the City Engineer approved hauling routes for grading and/or construction activities . 37 . During clearing, grading, earth moving or excavation opera- tions, fugitive dust emissions shall be controlled by regular watering (If feasible, water from the Arroyo shall be used) , paving construction roads and other dust prevention measures . The shall submit a fugitive dust control plan, acceptable to the city, concurrently with submittal of the mass grading plan. 8 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 POLLUTION CONTROL 38 . During the smog season (May - October) the subdivider shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels upon notification by the City. The city, at its discretion, may also limit construction during Stage II . 39 . The subdivider shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 40 . Temporary irrigation, hydroseeding and erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section 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 sixty days or the beginning if the rainy season whichever comes first. 41 . Dust generation produced during grading shall be suppressed by the following activities: a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. b. All material excavation or grading shall be sufficiently watered to prevent excessive amounts of dust. C . All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. 9 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f . Streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times . PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• GRADING 42 . The subdivider shall submit to the City for review and ap- proval, a grading plan, consistent with the tentative map, prepared by a registered civil engineer; and shall post suffi- cient surety as approved by the City guaranteeing completion. 43 . Cut or fill slopes shown on the approved grading plan shall be no steeper than 2 : 1 (horizontal:vertical) . Contour grading and blending of all slopes with existing contour lines shall be provided to the satisfaction of the Director of Community Development and the City Engineer. 44 . At the subdivider's request, a staged grading plan may be submitted for approval by the City Council. A staged grading plan must also be reviewed and approved by the City Engineer. 45 . So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes are adjacent to sidewalk as required by the City Engineer and the Director of Community Development. Wall material shall be approved by the Director of Community Development. 46 . Compliance with City Resolution No. 88-522, "Amendment of Residential Development Management System" , is required. 47 . During clearing, grading, earth moving or excavation opera- tions, fugitive dust emissions shall be controlled by regular watering ( If feasible, water from the Arroyo shall be used) , paving construction roads and other dust prevention measures . 10 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 The subdivider shall submit a fugitive dust control plan, acceptable to the city, concurrently with submittal of grading plan(s) . 48 . Temporary irrigation, hydroseeding and erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section 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 sixty days or the beginning if the rainy season whichever comes first. 49 . An erosion, siltation and dust control plan shall be submitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 60 days of completion of grading on those slopes . All haul routes shall be approved by the City Engineer and clearly marked in the field. Also, all areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) and clearly marked in the field. On- site haul routes shall be limited to graded areas only and shall be discussed at the on-site pre-grading meeting. GEOTECHNICAL 50 . The subdivider shall submit to the City for review and ap- proval, a detailed soils and geotechnical report prepared by both a civil engineer, geotechnical engineer and engineering geologist each registered with the State of California. The report shall conform to the standards available from the office of the City Engineer and shall include a geotechnical investigation with regard to liquefaction, expansive soils, an seismic safety. The grading plan shall incorporate the recommendation(s) of the approved soils report. Review, by the City's geotechnical consultant, of the soils and geotechnical report will be required by the City Engineer. In addition to standard grading plan check fees, the subdivider shall reimburse the City for all costs related to the geotechnical consultant, including the City's administrative costs . 11 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 51. All recommendations included in the geotechnical report shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations including, but not limited to, the following: * All fill slopes shall be keyed and benched into firm, native soil or bedrock. * If required, suitable rock disposal areas shall be designated within the grading plan for oversized material from the Conejo Volcanic soils . * The upper 18 inches of existing soils in areas of fill shall be recompacted and soils below foundations densified to a minimum of 90 percent of relative com- paction for at least 18 inches . STREET IMPROVEMENTS 52 . The street designated on the Tentative Map as "C" Street shall be eliminated. 53 . The subdivider shall provide slope easements for road maintenance purposes only 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. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 54 . The subdivider shall submit to the City for review an ap- proval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements . Any right- of-way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. The Agreement shall be prepared by the City and shall be signed by all parties of interest. 55 . The street improvements shall include concrete curb and gutter, sidewalk, 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 12 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right-of-way to make all of the required improvements . The applicable Ventura County Road Standard Plates are as follows: a. Peach Hill Road shall be per Plate B-4A as modified below. b. New Los Angeles Avenue shall be per Plate B-2A with the median modified to be 26 feet wide. C . Spring Road shall be per Plate B-2B with interim right-of-way modified per x-section "A" of Exhibit 9 of the Carlsberg Specific Plan. d. Science Drive from Los Angeles Avenue to 750 feet south shall be per Plate B-2B with the median modified to be 28 feet wide and the right-of-way modified to be 108 feet wide. Science Drive from 750 feet south of Los Angeles Avenue to Peach Hill Road shall be per Plate B-2B with pavement widths modified to be 20 feet wide and the interim right- of-way to be modified to 67 feet wide. 56 . The minimum right-of-way for Peach Hill Road shall be 60 feet. Eight feet of additional right-of-way shall be dedicated along Peach Hill Road to provide for a left turn storage lane at the school entrance. The length of the additional right-of-way is to be controlled by an analysis of the expected left turn requirements and appropriate transitions . An additional eight feet of right-of-way shall be dedicated along Peach Hill Road to provide for parking on the north and east side of Peach Hill Road west of the school entrance beginning just beyond a clear zone for sight distance to thirty feet from the limit of the proposed school property. These spaces are intended for the safe loading and unloading of school students . The right- of-way shall be 73 feet where these additional right-of-way requirements overlap, except in transition zones . Peach Hill Road shall be striped for a class "2 " bike path on both sides from Spring Road to Science Drive. 57 . Prior to transfer of title by sale or the lease of any lot within this tract, the following streets shall be completed with the possible exception of the top 1-inch of paving: Peach Hill Road; New Los Angeles Avenue (widening) ; and Science Drive from New Los Angeles Avenue to Peach Hill Road. With the approval of the City Engineer the top 1 1/2 inches of paving may be omitted from this requirement. 13 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 58 . Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion 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. The final 1 1/2 inches cap of asphalt shall be placed after all necessary trenching is completed. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 59 . The subdivider shall cause the preparation of feasibility studies including cost estimates for the improvements specified in the EIR for the following intersections: * MOORPARK & HIGH ST. * SPRING & HIGH ST. / LOS ANGELES * PRINCETON & LOS ANGELES * COLLEGE VIEW & LOS ANGELES * MOORPARK & POINDEXTER AVE * MOORPARK & LOS ANGELES * SPRING & LOS ANGELES The cost estimates shall include the approximate construction costs, ROW acquisition costs, engineering design costs and City administration costs . For intersections that have been fully improved since the preparation of the EIR, the cost estimate shall be adjusted to fit identifiable actual costs . The subdivider shall make a contribution to the City for the subdivider's prorated share of the costs of improvements based on the cost estimates (as approved by the City Engineer) and the following percentages : INTERSECTION * MOORPARK & HIGH ST. 6 . 9% * SPRING & HIGH ST. / LOS ANGELES 31. 8% * PRINCETON & LOS ANGELES 19 . 3% * COLLEGE VIEW & LOS ANGELES 14 . 2% * MOORPARK & POINDEXTER AVE 9 .0% * MOORPARK & LOS ANGELES 36 . 0% * SPRING & LOS ANGELES 47 .2% The subdivider may update the traffic study to include the connection of the freeways 118 and 23 . Based on the updated information, the above stated percentages shall be adjusted by the City Engineer to reflect the identified impacts . If 14 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 intersections are no longer affectd by the project or no longer exist than they may be removed from the list. If other portions of the traffic circulation of the City is susequently shown by this study to be adversly affected by the project, then these other portions may be included in the above list. 60 . The subdivider shall pay the appropriate contribution to the Tierra Rejada/Moorpark Area Of Contribution fund. The actual deposit shall be the then current rates for each of the Area of Contributions at the time of Final Map approval . Credit shall be given to the subdivider for the following work that he performs: Spring Road Bridge at Arroyo Simi. The subdivider shall be credited for the West parapet and sidewalk and the West bridge shoulder and any lanes in excess of two twelve foot traffic lanes and one four foot bike lane (as approved by the City) . The subdivider shall be credited for all street improvements West of the final center line plus one half of the temporary traffic control. The subdivider shall be credited for one half of the design costs as approved by the City. 61. The phasing plan, recommended in mitigation number 3 . 6 . 3 . 1 from the certified EIR for the Carlsberg Specific Plan is required and shall identify whether acceptable level of service is available for the Spring Street and Los Angeles intersection without the extension of SR-23 to SR-118 . Mitigation measures shall be implemented to maintain an ac- ceptable level of service at this intersection. 62 . The subdivider shall construct an additional eastbound lane on the South side New Los Angeles Avenue adjacent to the project to bring the total to three eastbound lanes . Additional right-of-way shall be dedicated to the City as necessary to accomplish the widening. Right turn storage lanes with right of way dedications shall be provided at locations along New Los Angeles where right turns are permitted. Additional Right of Way shall be dedicated to the City as required for these deceleration lanes . New Los Angeles Avenue including the Bridge at Arroyo Simi. The subdivider shall be reimbursed from the Los Angeles Avenue Area Of Contribution (as funds are available) for any part of the core portion of the New Los Angeles Avenue that he is required to construct. 15 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 63 . The subdivider shall cause the preparation of plans, specifications and estimate for the reconstruction of the Spring Road bridge at Arroyo Simi. The design shall provide for full service (including approaches) during a 100 year design storm. The design shall include a twelve foot traffic lane with a four foot bike lane and a six foot sidewalk on each side of the centerline of the bridge. An alternate design shall be provided that adds two more twelve foot lanes (including approaches) on one side. Right of Way dedications will be made by the subdivider as necessary to accomplish the complete design plus the alternate. The subdivider shall construct the bridge system and provided that it is complete and open to traffic before any occupancy permits are granted within the subject tract or within five years from the date of the recordation of the map, which ever occurs first. 64 . Left turn storage lanes are required at all intersections along Science Drive as shown on the specific plan. No other median breaks are allowed. 65 . Street lights shall be provided at all intersections and at all cul-de-sacs . 66 . Traffic control devices shall be included in the street improvement plans as required for safe orderly operation. STORM RUN-OFF 67 . The subdivider shall demonstrate that each building site is protected from damage by a 100-year frequency storm to the satisfaction of the City Engineer. The subdivider shall demonstrate feasible access during a 10-year frequency storm for each building pad to the satisfaction of the City En- gineer. 68 . The subdivider shall submit to the City for review and ap- proval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements . The drainage plans and calculations shall indicate the following before and after development: * This study shall analyze the hydraulic capacity of the Arroyo Simi with and without the storm drain system for the proposed development. 16 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2 , 1991 * Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses . Hydrology shall be per current Ventura County Standards except as follows: * all catch basins in sump locations shall carry a 50- year frequency storm; * all catch basins on continuous grades shall carry a 50- year storm; * 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; * all culverts shall carry a 100-year frequency storm; * drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; * under a 50-year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. * 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 . * If the land which is to be occupied is in an area of special flood hazard, the developer shall notify all potential buyers of this hazard condition. * Drainage for each phase 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 for each phase. * All flows from brow ditches shall be deposited into the storm drain system prior to entering streets . If necessary, the storm drain shall be extended beyond the public right-of-way through easements to eliminate surface flow between homesites, both storm drain and 17 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 easement outside right-of-way to be maintained by the Homeowners Association as required by the City Engineer. * All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer and the Director of Community Development. * All bench drains shall be constructed of tan colored concrete as approved by the Director of Community Development. 69 . The subdivider shall provide for all necessary on-site and off-site storm drain facilities required by the city to accom- modate upstream and on-site flows . Facilities, as conceptually approved in the specific plan, shall be delineated on the tentative map and final plans approved by the city. Either on-site retention basins or storm water acceptance deeds from off-site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. OTHER 70 . The Calleguas water line shall be relocated as necessary to insure that it does not pass through any proposed residential lots . 71. The subdivider shall demonstrate legal access for each parcel to the satisfaction of the City. 72 . The subdivider shall indicate in writing to the City the dis- position of any water well(s) or any other well 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 per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements . 73 . 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 does not have title or interest sufficient for such purposes, the subdivider shall do all of the fol- lowing at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457 . a. Notify the City in writing that the subdivider wishes the City to acquire an interest in the land which is suffi- 18 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 cient for such purposes as provided in Government Code Section 66462 .5; b. Supply the City with (i) a legal description of the in- terest 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 current 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. 74 . City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA) require updating the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. All necessary material required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100, and 500 year 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 . A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to recordation. The will be responsible for all costs charged by the FEMA and the City's administrative costs . 75 . The subdivider shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. 76 . Subdivider shall pay all County fees related to Computer-aided Mapping System (CAMS) . 19 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 FAITHFUL PERFORMANCE SECURITIES 77 . The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e. , grading, street improvement, 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 New Los Angeles Avenue, Spring Road from Peach Hill Road to the north side of the Simi Bridge, Peach Hill Road from Spring Road to Science Drive and Science Drive from New Los Angeles Avenue to Peach Hill Road to include all roadway and typical right-of-way improvements . Prior to the issuance of the first occupancy clearance or building permit final for any building on any lot within Tract 4785, the subdivider shall have physically installed all roadways noted above including those roadways and right-of-way improvements noted above occurring outside the boundary of and extending within Tract 4786 . For those improvement costs noted above, the City shall condition the adjacent subdivider/property owner, or future subdividers of Tract 4785 to reimburse the initial subdivider of the first lot within Tract 4785 from those costs at the time of development pursuant to applicable provisions of the State Subdivision Map Act and/or incorporate said tracts into the Moorpark Road/Tierra Rejada Road or New Los Angeles Avenue Area of Contribution, or any successor of complementary or supplementary method comparable to the existing Area of Contribution mechanism. In the event that another subdivider has a surety in place with the City for this purpose, this requirement or the appropriate portion thereof is suspended so long as the other surety remains in place. The above off-site roadway and right-of-way improvements shall be accomplished in accordance with the approved Carlsberg Specific Plan. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 78 . The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 79 . The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access 20 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 for all governmental agencies providing public safety,health and welfare. 80 . The subdivider shall offer to dedicate to the City of Moor- park, public use, all right-of-way for public streets . 81. The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Los Angeles Avenue, Spring Road, and State Highway 23 except for approved access roads . 82 . Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map(s) . Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows . 83 . That prior to submittal of the Final Map, 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. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 84 . 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 . 85 . 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, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies . 86 . The subdivider shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the construction sites) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury or provide on-site security personnel . 21 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 87 . Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. The surety shall remain in place for one year following acceptance by the City Council. Any surety bonds that are in effect three years after final map approval or after 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 the three year period since original issuance of the surety and shall be increased in like manner each year thereafter. 88 . Original "as built" plans will be certified by the '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 builts" in. series of 22 " X 36 " mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. 89 . Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 90. 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. FIRE DEPARTMENT CONDITIONS 91 . Phase one (TR 4785) shall complete Science Drive from Los Angeles Avenue to Tierra Rejada Road or from Los Angeles Avenue to Peach Hill Road prior to combustible construction. 92 . All water mains shall be installed prior to combustible construction. Fire flow requirements shall be calculated for each project individually. 93 . Fuel modification zone shall be 100 feet in width. 94 . That prior to combustible construction, all weather access road/driveway, suitable for use by a 20 ton Fire District 22 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 vehicle shall be installed. This improvement, or provisions to guarantee its installation, shall be completed prior to recordation. 95 . That all driveways shall have a minimum vertical clearance of 13 feet 6 inches ( 13 ' 611 ) . 96 . That approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 97 . That (2 ) means of Ingress/egress (secondary access) shall be provided to the development in accordance with Fire District Private Road Guidelines . 98 . That 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 occupancy. 99 . That the access roads shall be of sufficient width to allow a 40 foot turning radius at all sharp turns in the road. 100 . That the private road(s) shall be named if serving more than two (2) parcels or is longer than 299 feet. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communication Center for review. 101 . That street name signs shall be installed in conjunction with road improvements . The type of sign shall be in accordance with Plate F-4 of the Ventura County Road Standards . 102 . That prior to combustible construction on any parcel, the water mains shall be extended to within 250 feet of the building site. A fire hydrant shall be installed at this location on the access road to the site and it shall be capable of providing the required fire flow. The owner of the combustible construction is responsible for the cost of this protection installation. 103 . That prior to recordation, the subdivider shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. 23 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 104 . The subdivider for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations " including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new future construction. MOORPARK UNIFIED SCHOOL DISTRICT 105 . Upon the issuance of any Building Permit for construction, the subdivider shall pay to the District the payment of the then applicable developer fees . VENTURA COUNTY FLOOD CONTROL DISTRICT 106 . A Flood Plain Study and Storm Drain Plans are required for Review and approval by the Ventura County Flood Control District. Prior to recordation, a Flood Control Permit is required for storm drain connections . 24 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 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 approved conditions of approval shall be included on the final map in a format acceptable to the Director of Community Development. 3 . All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4 . No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful 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. 5 . If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6 . That 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. 1 VESTING TENTATIVE TRACT MAP N0. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 unless the settlement is approved by the City. The subdivider's obligations under this condition shall apply regardless of whether a zone clearance is issued with respect to whether a final map or parcel map is ultimately recorded with respect to the subdivision. 7 . This subdivision shall be subject to all applicable regulations of the zoning designations for the property. 8 . No Zoning Clearance for a building permit shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a Zoning Clearance. Approval and recordation of this Map does not supersede the requirement to obtain an approved IPD, RPD, CPD, CUP or development Allotment under the provisions of Measure F as amended prior to the issuance of a Zoning Clearance or a Building Permit for the tract map. 9 . The Vesting Tentative Map shall expire three years from the date of its approval . Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. Any request for a time extension shall be approved by the City Council. 10 . No asbestos pipe or construction materials shall be used for this subdivision without prior approval of the City Council . 11. This Vesting Tentative Tract Map shall not be allowed to record in phases . 2 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 12 . 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 . 13 . A complete landscape plan (2 sets) , together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74 , and shall be submitted to the Director of Community Development for approval . The landscaping Plan shall also include the plans for the common areas . The purpose of the landscaping will be to control erosion , replace mature trees lost as a result of construction and/or grading, and to mitigate the visual impacts of all manufactured slopes three feet or more in height. Landscaping shall consist of drought tolerant and/or native groundcovers, shrubs, and trees which do not require permanent irrigation. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and the final landscape inspection. Note: The landscape plans shall be approved by the Director of Community Development prior to the issuance of a grading permit. a. The subdivider shall agree to provide the necessary maintenance easements to the City for those designated common landscaped areas . The subdivider shall maintain the right to protest the amount and the spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The subdivider shall record a covenant to this effect. b. The applicant shall provide irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. C . The use of native and/or drought-tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the projects site as a result of grading activities . 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. 3 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2 , 1991 14 . Prior to issuance of a grading permit, the subdivider shall submit to the City of Moorpark for review and approval prior to Final Map approval, a Tree Report/Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees . PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 15. The Developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program as addressed within the Environmental Impact Report for the Carlsberg Specific Plan dated September, 1990 . 16 . In order to reduce the visual impact of manufactured slopes, the toe of these slopes shall be rounded off . Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 17 . Any temporary irrigation provided for landscaping, as identified in the approved landscape plan, shall be in place for a minimum of two years and shall not be removed without prior approval of the Director of Community Development. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as the Property owner's Association accepts responsibility. Prior to Property owner's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make the necessary repairs to irrigation system consistent with the landscape plan approved for the subdivision. 18 . Covenants, Conditions, and Restrictions (CC&R's) establishing a Property owners ' Association for the proposed division shall be prepared (Note: CC&R's are subject to approval by the Director of Community Development) and shall identify the maintenance responsibilities of the Property Owners ' Association including, but not limited to, the following: Maintenance of all private streets and common-shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping surrounding the water tank(s) , any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas" ) . Should the Property Owners ' Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or 4 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 4786 . 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&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, 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 . Vesting Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. a. The subdivider shall be required to pay all costs associated with City Attorney and Department of Community Development review of the project CC&R's prior to final map approval. b. The Property Owners ' Association may subsequently modify the CC&R's only after giving the City sixty (60) days prior notice and to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Property owners ' Association shall enforce the CC&R's . C . The CC&R's shall include a requirement that any future residential units constructed 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. d. The CC&R's shall include a requirement that ultra-low water consumption plumbing fixtures shall be installed consistent with the Uniform Building Code. The CC&R's shall also include a requirement for the following energy saving devices : 1. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights . 2 . All thermostats connected to the main space heating source shall have night setback features . 5 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 3 . Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. e. The Final Map shall indicate all trail easements as shown in the specific plan. The minimum width of said easements shall be 11 feet, and they shall be deeded to the Property Owners ' Association. Note: Final design shall be completed and approved prior to Final Map approval. f. The CC&R's shall include language prohibiting use of wood, asphalt or any other shingles not shown in the approved Specific Plan, as roofing materials for residential structures . 19 . That the Subdivision Agreement shall state that all proposed utilities shall be undergrounded to the nearest off-site utility pole as approved by the City Engineer. All existing utilities shall also be undergrounded to the nearest off-site utility pole with the exception of 66 KVA or larger power lines . The 66 KVA lines along Tierra Rejada Road shall need to be relocated as approved by the City. 20 . The subdivider shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. 21. An unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Water and Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 22 . The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterworks ' District No. 1. Subdivider shall be required to comply with Ventura County Waterworks ' Rules and Regulations, including payment of all applicable fees . 6 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2 , 1991 23 . Prior to Final Map approval, all outstanding Tract processing fees for TR 4786 shall be paid to the City; including entitlement processing and condition compliance review. 24 . Prior to Final Map approval, the subdivider shall deposit with the City of Moorpark, a Condition Compliance Review Fee in the amount of the original filing fee for the approved entitlement. 25 . The subdivider shall submit to the City for review a current title report which clearly states all interested parties and leaders included within the limits of the Tract as well as any easements that affect the Tract. 26 . Prior to Final Map approval, Lots 3 and 4 shall be consolidated to one parcel . CITY ENGINEERING CONDITIONS GENERAL CONDITIONS: 27 . All borrow/fill sites outside of tract boundaries shall be shown on the approved Grading Plan. The City shall be notified two days prior to any import/export operation and the route to be used shall be approved by the City Engineer. 28 . At the subdivider's request, a staged grading plan may be submitted for approval by the City Council . Such staged grading plan must also be reviewed and approved by the City Engineer prior to submittal to the City Council. 29 . Grading shall occur only during the non-rainy season from April 15 to October 31 unless otherwise approved by the city and subject to installation of debris and erosion control facilities . 30 . Prior to recordation of a final map, the city and Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the required distribution facilities or 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. 31. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of 7 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers . 32 . In the event grading activities should take place in the area where Catalina mariposa lilly and the chocolate lilly form bulbs, and such areas are consequently good candidates for plant salvage, they shall employ the services of a qualified botanist prior to the issuance of grading permits, for the purpose of transplanting these plants to a suitable protected open space area as approved by the City. 33 . Prior to the issuance of grading permits, a tree survey and mitigation program shall be reviewed and approved by the Director of Community Development. The study shall be prepared by a State of California registered arborist acceptable to the City and include mitigations incorporated into the conditions of the grading permit. Preservation, transplanting and planting of oak trees or other significant trees and/or plants shall be considered. 34 . Based on the recommendation of a qualified biologist, the subdivider shall install a wildlife guzzler in the open space within the site for wildlife, as recommended by a qualified biologist in either VTT 4785 or VTT 4786 . All plans for the guzzler shall be reviewed and approved by the City prior to issuance of grading permits . 35 . A qualified biologist shall be consulted in preparation of the grading plan, and his or her recommendations for phasing/staging of and clearing/grading to allow animals to migrate to the open space or other areas off-site, be implemented prior to the issuance of a grading permit. 36 . All construction activities of any kind shall be limited between the hours of 7 :00 a.m. to 7 :00 p.m. Monday through Friday. Truck noise from hauling operations shall be minimized by the City Engineer approved hauling routes for grading and/or construction activities . 37 . During clearing, grading, earth moving or excavation opera- tions, fugitive dust emissions shall be controlled by regular watering ( If feasible, water from the Arroyo shall be used) , paving construction roads and other dust prevention measures . The shall submit a fugitive dust control plan, acceptable to the city, concurrently with submittal of the mass grading plan. 8 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 POLLUTION CONTROL 38 . During the smog season (May - October) the subdivider shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels upon notification by the City. The city, at its discretion, may also limit construction during Stage II . 39 . The subdivider shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 40 . Temporary irrigation, hydroseeding and erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section 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 sixty days or the beginning if the rainy season whichever comes first. 41 . Dust generation produced during grading shall be suppressed by the following activities: a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. b. All material excavation or grading shall be sufficiently watered to prevent excessive amounts of dust. C . All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. 9 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. Streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times . PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• GRADING 42 . The subdivider shall submit to the City for review and ap- proval, a grading plan, consistent with the tentative map, prepared by a registered civil engineer; and shall post suffi- cient surety as approved by the City guaranteeing completion. 43 . Cut or fill slopes shown on the approved grading plan shall be no steeper than 2 : 1 (horizontal:vertical) . Contour grading and blending of all slopes with existing contour lines shall be provided to the satisfaction of the Director of Community Development and the City Engineer. 44 . At the subdivider's request, a staged grading plan may be submitted for approval by the City Council. A staged grading plan must also be reviewed and approved by the City Engineer. 45 . So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes are adjacent to sidewalk as required by the City Engineer and the Director of Community Development. Wall material shall be approved by the Director of Community Development. 46 . Compliance with City Resolution No. 88-522, "Amendment of Residential Development Management System" , is required. 47 . During clearing, grading, earth moving or excavation opera- tions, fugitive dust emissions shall be controlled by regular watering (If feasible, water from the Arroyo shall be used) , paving construction roads and other dust prevention measures . 10 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2 , 1991 The subdivider shall submit a fugitive dust control plan, acceptable to the city, concurrently with submittal of grading plan(s) . 48 . Temporary irrigation, hydroseeding and erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section 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 sixty days or the beginning if the rainy season whichever comes first. 49 . An erosion, siltation and dust control plan shall be submitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 60 days of completion of grading on those slopes . All haul routes shall be approved by the City Engineer and clearly marked in the field. Also, all areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) and clearly marked in the field. On- site haul routes shall be limited to graded areas only and shall be discussed at the on-site pre-grading meeting. GEOTECHNICAL 50 . The subdivider shall submit to the City for review and ap- proval, a detailed soils and geotechnical report prepared by both a civil engineer, geotechnical engineer and engineering geologist each registered with the State of California. The report shall conform to the standards available from the office of the City Engineer and shall include a geotechnical investigation with regard to liquefaction, expansive soils, an seismic safety. The grading plan shall incorporate the recommendation(s) of the approved soils report. Review, by the City's geotechnical consultant, of the soils and geotechnical report will be required by the City Engineer. In addition to standard grading plan check fees, the subdivider shall reimburse the City for all costs related to the geotechnical consultant, including the City's administrative costs . 11 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 51 . All recommendations included in the geotechnical report shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations including, but not limited to, the following: * All fill slopes shall be keyed and benched into firm, native soil or bedrock. * If required, suitable rock disposal areas shall be designated within the grading plan for oversized material from the Conejo Volcanic soils . * The upper 18 inches of existing soils in areas of fill shall be recompacted and soils below foundations densified to a minimum of 90 percent of relative com- paction for at least 18 inches . 52 . Concurrent with submittal of tentative maps for the portion of the residential sites adjacent to Tierra Rejada Road, a registered geologist shall provide recommendations . Upon approval by the City's geotechnical consultant and the City Engineer these recommendations shall become conditions of approval, to assure that development areas are not improperly located in relationship to the Simi-Santa Rosa fault and future development experiences no seismic safety hazard from the fault zone. STREET IMPROVEMENTS 53 . The subdivider shall provide slope easements for road maintenance purposes only 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. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 54 . The subdivider shall submit to the City for review an ap- proval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements . Any right- of-way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. The Agreement shall be prepared by the City and shall be signed by all parties of interest. 12 VESTING TENTATIVE TRACT MAP N0. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 55 . The street improvements shall include concrete curb and gutter, sidewalk, 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 . The applicable Ventura County Road Standard Plates are as follows: a. Peach Hill Road shall be per Plate B-4A b. Tierra Rejada Road shall be per Plate B-2B C . Spring Road shall be per Plate B-2B with interim right-of-way modified per x-section "A" of Exhibit 9 of the Carlsberg Specific Plan. d. Science Drive from Los Angeles Avenue to 750 feet south shall be per Plate B-2B with the median modified to be 28 feet wide and the right-of-way modified to be 108 feet wide. Science Drive from 750 feet south of Los Angeles Avenue to Tierra Rejada Road shall be per Plate B-2B with pavement widths modified to be 20 feet wide and the interim right-of-way to be modified to 67 feet wide. 56 . The minimum right-of-way for Peach Hill Road shall be 60 feet. Eight feet of additional right-of-way shall be dedicated along Peach Hill Road to provide for a left turn storage lane at the school entrance. The length of the additional right-of-way is to be controlled by an analysis of the expected left turn requirements and appropriate transitions . An additional eight feet of right-of-way shall be dedicated along Peach Hill Road to provide for parking on the north and east side of Peach Hill Road west of the school entrance beginning just beyond a clear zone for sight distance to thirty feet from the limit of the proposed school property. These spaces are intended for the safe loading and unloading of school students . The right- of-way shall be 73 feet where these additional right-of-way requirements overlap except in transition zones . Peach Hill Road shall be striped for a class 112 " bike path on both sides from Spring Road to Science Drive. 57 . Prior to transfer of title by sale or the lease of any lot within this tract, the following streets shall be completed with the possible exception of the top 1-inch of paving: Peach Hill Road; New Los Angeles Avenue (widening) ; Tierra Rejada Road (widening) ; and Science Drive. 13 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 With the approval of the City Engineer the top 1 1/2 inches of paving may be omitted from this requirement. 58 . Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion 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. The final 1 1/2 inches cap of asphalt shall be placed after all necessary trenching is completed. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 59 . The subdivider shall cause the preparation of feasibility studies including cost estimates for the improvements specified in the EIR for the following intersections : * MOORPARK & HIGH ST. * SPRING & HIGH ST. / LOS ANGELES * PRINCETON & LOS ANGELES * COLLEGE VIEW & LOS ANGELES * MOORPARK & POINDEXTER AVE * MOORPARK & LOS ANGELES * SPRING & LOS ANGELES The cost estimates shall include the approximate construction costs, ROW acquisition costs, engineering design costs and City administration costs . For intersections that have been fully improved since the preparation of the EIR, the cost estimate shall be adjusted to fit identifiable actual costs . The subdivider shall make a contribution to the City for the subdivider's prorated share of the costs of improvements based on the cost estimates (as approved by the City Engineer) and the following percentages: INTERSECTION * MOORPARK & HIGH ST. 0 . 8% * SPRING & HIGH ST. / LOS ANGELES 3 .5% * PRINCETON & LOS ANGELES 2 . 1% * COLLEGE VIEW & LOS ANGELES 1 . 6% * MOORPARK & POINDEXTER AVE 1 . 0% * MOORPARK & LOS ANGELES 4 .0% * SPRING & LOS ANGELES 5 .4% 14 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 The subdivider may update the traffic study to include the connection of the freeways 118 and 23 . Based on the updated information, the above stated percentages shall be adjusted by the City Engineer to reflect the identified impacts . If intersections are no longer affectd by the project or no longer exist than they may be removed from the list. If other portions of the traffic circulation of the City is susequently shown by this study to be adversly affected by the project, then these other portions may be included in the above list. 60 . The subdivider shall pay the appropriate contribution to the Tierra Rejada/Moorpark Area Of Contribution fund. The actual deposit shall be the then current rates for each of the Area of Contributions at the time of Final Map approval. Credit shall be given to the subdivider for the following work that he performs: Spring Road and Tierra Rejada Road. The subdivider shall be credited for three quarters of the actual costs of construction performed based on subcontractor bid prices for the traffic control devices such as signal controller, signal posts and mast arms, detectors and signs . The subdivider shall be credited for street improvements West of the Spring Street center line and South of the Tierra Rejada center line plus one half of the temporary traffic control . Moorpark Road and Tierra Rejada Road. The subdivider shall be credited for one half ( 1/2 ) of the actual construction cost for the traffic control devices . The subdivider shall be credited for street improvements South of Tierra Rejada Road. 61. The subdivider shall improve the intersection of Spring Street and Tierra Rejada in accordance with the EIR. 62 . The subdivider shall improve the intersection of Moorpark Road and Tierra Rejada in accordance with the EIR. 63 . The subdivider shall widen the North side of Tierra Rejada, adjacent to the project, to two westbound lanes plus 10 feet of paved shoulder, curb and gutter, and a 12 feet wide sidewalk and landscape strip. Right turn storage lanes with right of way dedications shall be provided at all locations along the Tierra Rejada Road frontage where right turns are permitted. 15 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 64 . The phasing plan, recommended in mitigation number 3 . 6 . 3 . 1 from the certified EIR for the Carlsberg Specific Plan is required and shall identify whether acceptable level of service is available for the Spring Street and Los Angeles intersection without the extension of SR-23 to SR-118 . Mitigation measures shall be implemented to maintain an ac- ceptable level of service at this intersection. 65 . Left turn storage lanes are required at all intersections along Science Drive as shown on the specific plan. No other median breaks are allowed. 66 . Street lights shall be provided at all intersections and at all cul-de-sacs . 67 . Traffic control devices shall be included in the street improvement plans as required for safe orderly operation. STORM RUN-OFF 68 . The subdivider shall demonstrate that each building site is protected from damage by a 100-year frequency storm to the satisfaction of the City Engineer. The subdivider shall demonstrate feasible access during a 10-year frequency storm for each building pad to the satisfaction of the City En- gineer. 69 . The subdivider shall submit to the City for review and ap- proval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements . The drainage plans and calculations shall indicate the following before and after development: * This study shall analyze the hydraulic capacity of the Arroyo Simi with and without the storm drain system for the proposed development. * Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses . Hydrology shall be per current Ventura County Standards except as follows: 16 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 * all catch basins in sump locations shall carry a 50- year frequency storm; * all catch basins on continuous grades shall carry a 50- year storm; * 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; * all culverts shall carry a 100-year frequency storm; * drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; * under a 50-year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. * 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 subdivider. * If the land which is to be occupied is in an area of special flood hazard, the developer shall notify all potential buyers of this hazard condition. * Drainage for each phase 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 for each phase. * All flows from brow ditches shall be deposited into the storm drain system prior to entering streets . If necessary, the storm drain shall be extended beyond the public right-of-way through easements to eliminate surface flow between homesites, both storm drain and easement outside right-of-way to be maintained by the Homeowners Association as required by the City Engineer. * All bench drains shall be constructed of tan colored concrete as approved by the Director of Community Development. 17 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 * All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer and the Director of Community Development. 70 . The subdivider shall provide for all necessary on-site and off-site storm drain facilities required by the city to accom- modate upstream and on-site flows . Facilities, as conceptually approved in the specific plan, shall be delineated on the tentative map and final plans approved by the city. Either on-site retention basins or storm water acceptance deeds from off-site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. OTHER 71. The subdivider shall demonstrate legal access for each parcel to the satisfaction of the City. 72 . The subdivider shall indicate in writing to the City the dis- position of any water well(s) or any other well 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 per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements . 73 . 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 the final or parcel map for approval pursuant to Government Code Section 66457 . a. Notify the City in writing that the subdivider wishes the City to acquire an interest in the land which is suffi- cient for such purposes as provided in Government Code Section 66462 .5; b. Supply the City with (i) a legal description of the in- terest 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 current fair market 18 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 74 . City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA) require updating the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. All necessary material required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100, and 500 year 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 . A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to recordation. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs . 75 . The subdivider shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. FAITHFUL PERFORMANCE SECURITIES 76 . The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e. , grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, 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 Tierra Rejada Road, Spring Road from Peach Hill Road to the Tierra Rejada Road, Peach Hill Road from Spring Road to Science Drive and Science Drive from Tierra Rejada Road to Peach Hill Road 19 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 to include all roadway and typical right-of-way improvements . Prior to the issuance of the first occupancy clearance or building permit final for any building on any lot within Tract 4786, the subdivider shall have physically installed all roadways noted above including those roadways and right-of-way improvements noted above occurring outside the boundary of this tract. For those improvement costs noted above, the City shall condition the adjacent subdivider/property owner, or future subdividers of Tract 4786 to reimburse the initial subdivider of the first lot within Tract 4786 from those costs at the time of development pursuant to applicable provisions of the State Subdivision Map Act and/or incorporate said tracts into the Moorpark Road/Tierra Rejada Road or New Los Angeles Avenue Area of Contribution, or any successor of complementary or supplementary method comparable to the existing Area of Contribution mechanism. In the event that another subdivider for a surety in place with the City for this purpose, this requirement or the appropriate portion thereof is suspended so long as the other surety remains in place. The above off-site roadway and right-of-way improvements shall be accomplished in accordance with the approved Carlsberg Specific Plan. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 77 . The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 78 . The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety,health and welfare. 79 . The subdivider shall offer to dedicate to the City of Moor- park, public use, all right-of-way for public streets . 80 . The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Tierra Rejada, Spring Road, and State Highway 23 except for approved access roads . 81. Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map(s) . Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows . 20 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 82 . That prior to submittal of the Final Map, the developer 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. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 83 . 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 . 84 . 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, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies . 85 . The subdivider shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the construction sites) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury or provide on-site security personnel . PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 86 . Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. The surety shall remain in place for one year following acceptance by the City Council . Any surety bonds that are in effect three years after final map approval or after 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 the period since original issuance of the surety and shall be increased in like manner each year thereafter. 87 . Original "as built" plans will be certified by the subdivider'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 21 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 builts" in. series of 22 " X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. 88 . Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 89 . 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 . 90 . The pipe at culvert crossings (Station 70+83) shall be lowered to accommodate the ultimate widening of Tierra Rejada Road. BUILDING PERMITS 91 . The Building Department shall specify all energy conserving/design features, required by the city, not required by state law, as conditions of approval. 92 . All buildings shall comply with standards contained in Title 24 of the California Administrative Code. The Building Department shall enforce compliance. FIRE DEPARTMENT CONDITIONS 93 . Phases two and three (TR 4786) shall have two points of access, prior to combustible construction. (Completion of Science Drive to Tierra Rejada or Peach Hill Roads) . 94 . All water mains shall be installed prior to combustible construction. Fire flow requirements shall be calculated for each project individually. 95 . Fuel modification zone shall be 100 feet in width. 96 . That prior to combustible construction, all weather access road/driveway, suitable for use by a 20 ton Fire District vehicle shall be installed. This improvement, or provisions to guarantee its installation, shall be completed prior to recordation. 97 . That all driveways shall have a minimum vertical clearance of 13 feet 6 inches ( 13 ' 6 " ) . 22 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 98 . That approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 99 . That (2 ) means of Ingress/egress (secondary access) shall be provided to the development in accordance with Fire District Private Road Guidelines . 100 . That 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 occupancy. 101 . That the access roads shall be of sufficient width to allow a 40 foot turning radius at all sharp turns in the road. 102 . That the private road(s) shall be named if serving more than two (2) parcels or is longer than 299 feet. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communication Center for review. 103 . That street name signs shall be installed in conjunction with road improvements . The type of sign shall be in accordance with Plate F-4 of the Ventura County Road Standards . 104 . That prior to combustible construction on any parcel, the water mains shall be extended to within 250 feet of the building site. A fire hydrant shall be installed at this location on the access road to the site and it shall be capable of providing the required fire flow. The owner of the combustible construction is responsible for the cost of this protection installation. 105 . That prior to recordation, the subdivider shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. 23 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 106 . The subdivider for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. MOORPARK UNIFIED SCHOOL DISTRICT 107 . Upon the issuance of any Building Permit for construction, the subdivider shall pay to the District the payment of developer fees . VENTURA COUNTY FLOOD CONTROL DISTRICT 108 . A Flood Plain Study and Storm Drain Plans are required for Review and approval by the Ventura County Flood Control District. Prior to recordation, a Flood Control Permit is required for storm drain connections . 24 9 MOORPARK �F 1 0 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 \90 O9Q TE0� JV" ^ MEMORANDUM TO: The Planning Commission FROM: Patrick J. Richards, Director of Community Development DATE: December 19, 1991 (PC meeting of January 6, 1992) SUBJECT: VESTING TENTATIVE TRACT MAP NOS. 4785 AND 4786 ON THE APPLICATION OF C.T. FINANCIAL Background A public hearing was held by the Planning Commission regarding the above captioned projects on December 16, 1991 . At the public hearing on December 16, 1991, the applicant's attorney, Mr. Alan Camp brought up several legal questions related to the City's ability to impose certain conditions of approval. The Planning Commission directed staff to request the City Attorney to review Mr. Camps statements . The public hearing on these Vesting Tentative Tract Maps was continued to January 6, 1992 to allow staff to: 1) Revise the draft conditions of approval as agreed to between the applicant and staff, 2) Obtain a response from the City Attorney regarding several legal questions proposed by the Planning Commission and 3) Allow staff an opportunity to continue to resolve outstanding issues with the applicant. Discussion On December 17, 1991, staff sent a memorandum to the City Attorney requesting a response prior to the Planning Commission hearing of January 6, 1992 . As of the writing of this memorandum, staff has not yet received comments from the City Attorney. The applicant has discussed the modified conditions with staff and no changes are proposed. Revised conditions of approval are attached to this staff report for the Planning Commission's review. Recommendations : 1 . Continue the public hearing and accept additional public testimony. 2 . Determine that the environmental effects discussed in the EIR prepared for the Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the subsequent use of the EIR, that the EIR for the Carlsberg Specific Plan pursuant to Section 15162 of I2:19:9114:45pmA:\PC1.N M 1 ATTACHMENT 2 PAUL W.LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper a the California Environmental Quality Act Guidelines, and certify that this body has reviewed and considered the information contained in the EIR and the Mitigation Monitoring Program prepared for these entitlement projects prior to making a recommendation to the City Council for approval of the Vesting Tentative Tract Maps (Exhibit Nos . 5 and 6 of Planning Commission staff report dated December 2, 1991) . 3 . Make the appropriate findings (Exhibit No. 1 of Planning Commission staff report dated December 2, 1991) for each of the entitlements requested by the applicant. 4 . Adopt the attached resolutions recommending approval of the requested Tentative Tract Maps . Attachment: 1 . Resolution recommending to the City Council approval of VTT 4785 and 4786 2 . Revised Conditions of Approval 12:19:91 14:45pmA:\PCI.MEM 2 r-1 P a ,1oa(1) " _ p t14 4SO SSI-3 ,:onLSE4'- 1N, e2 /t L+ January 29, 1992 P r✓ Mr. Pat Richards, Director of Community Development City of Moorpark r�.� 799 Moorpark Avenue Moorpark, California '/{1- -- Re: Vesting Tentative Tract Map Nos. 4785 and 47$6 I / Conditions of Approval �/� Dear Mr. Richards: Please accept this letter as a formal request for continuation of the above Public Hearing Item before the Moorpark City Council on February 5, 1992. We request that the item be heard February 10, 1992. Please call me if you have any questions. Yours truly, C. T. FINANCIAL, 451,446155"..../"-- Ronald S. Tankersley, Executive Vice President Carlsberg Financial , general partner 2t00 T#e.rv-Evt!S:feet.Sucre 200 Seta rl-o:i.Calkst ua 90405 (21314W-97W r kX(2:24450-53-.3