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HomeMy WebLinkAboutAGENDA REPORT 1992 0325 CC SPC ITEM 09Crcae MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Ior-6864 MEMORANDUM L1 TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development TI, 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 with the staff Tentative age Tract changes o 4 to the and 4786 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 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. 01:07:92112:07pmA:\STFRPT.CC 1 PAUL W LAWRASON JR. JOH'. E WOZNIAK SCOTT MONTGOMERY Mayor Pro Tem Councilmember Mayor REPtJAR ^O M PEREZ ROY E TAl LE � JR Councilmember Councilmember PrrnteC On Recyc'ed 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. 01:07:92112:07pmA:\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 r� 01:07:92 112:07pmA:\STF"T.CC 3 . 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 staf f modif ied 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 478.6. The modifications are shown on the following page in legislative format: 01:07:92 112:07pmA:\STFRPT.CC 4 Vesting Tentative Tract may 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 medifled 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. Vesting Tentative Tract Map No. 4786 63. The subdivider shall widen the North side of Tierra Rejada, adjacent to the project, tbeun 'lane_ plus A Fee} locations turns are right of way dedications shall be provided along the Tierra Rejada Road frontage where permitted. torage at all right 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 01:07:92112:07pmA: \STFRPT.CC 5 certify that this body has reviewed and considered the '1 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 01:07:91 112:07pmA:\STFRPT.CC 6 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 MaiD 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 0 -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 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 21000}),. 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. r 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 N0. 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. r r--� 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. APPLICANT: DATE: giving proper notification to Fish and Game, Ventura County U.S. Army Corps of Engineers. 4785 C.T. FINANCIAL December 2, 1991 the California Department of Flood Control District and the 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. 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. 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. APPLICANT: DATE: 4785 C.T. FINANCIAL 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 NO. 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 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); 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 NO. 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- 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 $oad 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' 6 "). 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 NO. 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. APPLICANT: DATE: 4786 C.T. FINANCIAL 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 r 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. 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 r 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 Nap 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. r- 6 r^' 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 title report which clearly states leaders included within the limits easements that affect the Tract. 26. Prior to Final Map approval, consolidated to one parcel. CITY ENGINEERING CONDITIONS GENERAL CONDITIONS• City for review a current all interested parties and of the Tract as well as any Lots 3 and 4 shall be 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 subdividers 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 i 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. 3 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. * SPRING & HIGH ST./ LOS ANGELES * PRINCETON & LOS ANGELES * COLLEGE VIEW & LOS ANGELES * MOORPARK & POINDEXTER AVE * MOORPARK & LOS ANGELES * SPRING & LOS ANGELES 14 0.8% 3.5% 2.1% 1.6% 1.0% 4.0% 5.4% 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 r 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 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 N0. 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' 611). 22 1r-- VESTING TENTATIVE TRACT MAP N0. 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. APPLICANT: DATE: VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 4786 C.T. FINANCIAL December 2, 1991 106. The subdivider for service shall comply County Waterworks District No. 1 "Rules including all provisions of or relating Industrial Waste Discharge Requirements additions or revisions thereto. Ultra low are required in all new construction. MOORPARK UNIFIED SCHOOL DISTRICT with the Ventura and Regulations" to the existing and subsequent plumbing fixtures 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 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 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 11:19:9114:45pmA: \PC1.AiEX 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 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 12:19:9114:45pmA :\pC1.MEM 2 I'-- ITEM 9. � MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT December 2, 1991 SECTION I - GENERAL INFORMATION A. HEARING DATE: B. HEARING TIME: December 2, 1991 7:00 p.m. C. HEARING LOCATION: D. CASE NUMBERS: City Council Chambers 799 Moorpark Avenue Moorpark, California E. STAFF CONTACT: Paul Porter Senior Planner G. PROPOSED PROJECT: Vesting Tentative Tract Nos. 4785 and 4786 E. APPLICANT: C.T. Financial, a General Partnership by Carlsberg Financial Corporation 2800 28th St, Suite No. 200 Santa Monica, California The proposed Vesting Tentative Tract Maps are for large lot subdivisions which correspond to the approved land use designations of the Carlsberg Specific Plan. Vesting Tentative Tract Map No. 4785, which consists of the northern portion of the Specific Plan, contains approximately 206.49 acres. This subdivision contains the following lots: Vesting Tentative Tract Malp 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 10 :29 :91 13:56PMA : \STFRPT.PC 1 PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY Mayor Mayor Pro Tern Councilmember ROY E. TALLEY JR, Councilmember JOHN E. WOZNIAK Councilmember Lot 4 11.0 Lot 5 23.0 Lot 6 23.0 Lot 7 6.5 Four Open Space Lots Vesting Tentative Tract southern portion of th e approximately 287.56 ac following lots: Sub. Reg. Commercial CPD Residential RPD -2u Residential RPD -3u Park O -S Open Space 0 -S Map No. 4786, which consists of the Carlsberg Specific Plan, contains res. This subdivision contains the Vesting Tentative Tract Man 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 0 -S H. PROPOSED LOCATION: The proposed project site is located on approximately 497 acres of land in the southeastern portion of the City of Moorpark. The City of Thousand Oaks is located to the south and Simi Valley to the east approximately six miles from the project site. This site is bounded by New Los Angeles Avenue and Arroyo Simi to the north, Spring Road to the west, Tierra Rejada Road to the south, and the Moorpark Freeway (State Highway 23) to the east. The Assessor's parcel numbers are 500 -35 -034, 500 -35 -041, 500- 55 -15, 500- 35 -31, 512 -15 -60 and 513- 05 -11. 0000 .� spim . .I LDS ANC$ES RO. — _ 211Y OF MOORPA I0:29:91 13:56pmA : \STFRPT.Pc J � 2 N LDS ANW-US f I. PROCESSING EXPIRATION DATE: February 21, 1992 J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2. 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 (Exhibit Nos. 5 and 6). 3. Make the appropriate findings ( Exhibit No. 1) for each of the entitlements requested by the applicant. .-, 4. Direct staff to prepare resolutions recommending approval of the requested Tentative Tract Maps for presentation at the Planning Commission's next regular meeting of December 16, 1991. K. ALTERNATE RECOMMENDATIONS TO THE CITY COUNCIL: 1. Deny the requested Vesting Tentative Tract Maps. 2. Recommend to the City Council approval of the proposed projects with modifications /changes as recommended by the Planning Commission regarding the Mitigation Monitoring Program, or any of the entitlements requested. SECTION II - PROJECT SITE BACKGROUND A. PROJECT SITE HISTORY: The City Council approved the Carlsberg Specific Plan dated on October 30, 1990 with modifications, and on November 7, 1990 adopted Resolution No. 90 -714. On February 6, 1991, the City Council adopted Ordinance No. 136 rezoning the property from RE, RE -lac and RPD 1.6u to C -P -D (SP), M -1 (SP), O -S (SP), R -A (SP), RPD lu (SP), RPD 2u (SP), RPD 3u (SP), and RPD 5u (SP). The Community Design Plan and the Development Standards as 10: 29 :91 13:56pmA :\STFRPT.PC 3 described in the Carlsberg Specific Plan were adopted by the City Council (Resolution No. 138) on February 20, 1991. B. EXISTING SETTING: The project site ranges in elevation from 520 to 920 feet and is characterized by a variety of topographic features. The southern portion of the site consists of a relatively flat alluvial plane overlooking the Tierra Rejada Valley and transitions into two prominent peaks in the southeast and southwesterly portion of the site. The terrain then descends in a northerly direction to a mid -sized arroyo area bordered on the north by a steep ridgeline. A large gently sloping plain extends from this ridge to New Los Angeles Avenue. The site is bisected in an east -west direction by areas with slopes of 20 percent or greater. Near the northwesterly portion of the site is a 20 -acre plateau which rises approximately 100 feet above the alluvial plain below. C. SITE ZONING: C- P- D(SP), M- 1(SP), O- S(SP), R- A(SP), RPD lu(SP), RPD 2u(SP), RPD 3u(SP), and RPD 5u(SP) D. VICINITY ZONING: North: Open Space (0 -S) South: Open Space East: Open Space West: (Rural Exclusive and Residential Planned Development) RE and RPD E. SITE GENERAL PLAN: Specific Plan (SP) F. VICINITY GENERAL PLAN: North: Freeway Right -of -Way and C -2 South: Open Space (Unincorporated County) East: Freeway Right -of -Way West: Medium Density Residential G. SURROUNDING LAND USES: The area immediately surrounding the project site consists primarily of residential uses, open space, commercial /office and industrial uses. The northern portion of the site is bordered by New Los Angeles Avenue, and industrial uses. The extreme northwest corner of the site is adjacent to the Arroyo Simi, beyond which are commercial /office uses. Across New Los Angeles Avenue to the north are single family and multi - family 10:29:91 13:56p ;\5TFRPT.PC 4 residential uses, an industrial complex, and vacant land. The site is bordered on the west by Spring Road, across from which is a single family residential development and Monte Vista Nature Park. Also located along the western portion of the site on Peach Hill Road is an existing church plus another under construction. The extreme southwest portion of the site is adjacent to a vacant neighborhood commercial site. Tierra Rejada Road bounds the project on the south and the Moorpark Freeway (23) bounds the site to the east. Beyond both the southern and eastern project boundaries area are County of Ventura open space areas. A portion of the open space area across Tierra Rejada Road is included in the Tierra Rejada Greenbelt Agreement area established by the cities of Moorpark, Thousand Oaks, Simi Valley and the County of Ventura. SECTION III - PROJECT DESCRIPTION A. PROJECT PROPOSALS /REQUIREMENTS ACCESS Access to the site is currently available from the Moorpark Freeway(State Highway 23) at two points: northerly at New Los Angeles Avenue and southerly at Tierra Rejada Road. The project is also bounded by Spring Road to the west. The terminus of Peach Hill Road is located at the westerly boundary of the site. Internal access is limited to private, unpaved and gated roads. CIRCULATION PLAN The Circulation Plan for the Carlsberg Project Area establishes the roadway network and basic standards for safe vehicular movement within the area. Alignments for arterial and local roadways and typical cross - sections for these roadways by street classification are provided herein. 1. Regional Access Regional access to the site is provided by way of two state highway corridors: the Simi Valley Freeway (State Route 118) and the Moorpark Freeway (State Route 23). State Route 118, which terminates in the northeast section of the city provides access to the City of Simi Valley and the San Fernando Valley to the east. Route 118 continues through the City of Moorpark as a conventional roadway, eventually terminating at the Santa Paula Freeway (SR 126) to the west in the City of Ventura. 10:29 :91 13.56pmA: \STFRPT.PC 5 State Route 23 enters at the southeast portion of the city and terminates at the New Los Angeles Avenue interchange. Route 23 provides access to the Ventura Freeway (U.S. 101) eight miles south of the city. 2. Connector Plan Local access will be provided via five planned or future roadways, as follows: New Los Angeles Avenue - classified as a primary highway, six lanes, 118 -foot right -of -way with striped median Science Drive - classified as a secondary highway with a varied right -of -way Spring Road - classified as a secondary highway, two lanes, with expanded right -of -way Tierra Rejada Road - classified as a secondary highway, four lanes, 94 -foot right -of -way with raised median Peach Hill Road - classified as a local collector �- street, two lanes, 60 foot right -of way. 3. Internal Access Internal access on the project site will be designed as a function of the site specific planning process. All roadways are conditioned to be in conformance with the City's standards. TRAFFIC According to the Environmental Impact Report prepared for the Carlsberg Specific Plan, the technique used to assess the operation of an intersection is Intersection Capacity Utilization (ICU). To calculate an ICU, the volume of traffic using the intersection is compared to the capacity of the intersection. The results of the ICU analysis for existing conditions are listed in Table three of the Environmental Impact Report. The City of Moorpark utilizes Level of Service (LOS) C, which equates to a volume to capacity ratio of .71 -.80, as the lowest acceptable service level. Two intersections, Spring and Tierra Rejada Roads (v /c = 1.01) and Moorpark and Tierra Rejada Roads (v /c = .89) are deficient in the a.m. peak hour. During the p.m. peak hour, four intersections operate at unacceptable levels of service. The College View and Los Angeles, Spring and Tierra Rejada intersections operate at LOS E and LOS D, respectively, during the p.m. peak hour. The SR -23 10:29:91 13:56pmA: \S77RPT.PC 6 northbound ramps and Tierra Rejada, and Spring and Los Angeles Avenue intersections operate at LOS D during the p.m. peak hour, but operate at acceptable levels (LOS A) during the a.m. peak hour. The proposed internal circulation system for the project includes a two lane facility extending ( "A" Street) from New Los Angeles to Tierra Rejada, the extension of "B" and "C" Streets through the Business Park area, the extension of Peach Hill Road easterly to "A" Street, and proposed internal streets for the residential areas of Vesting Tentative Tract Map No. 4786. The total project trips at buildout, and the trip rates used for the project analysis, are listed in Table 4 and 5 of the EIR. The project trips are distributed onto the circulation system, based on the travel patterns for the entire city and subregion. Approximately 40 percent of the trips are distributed north and northwest of the project and 39 percent are distributed south and southeast. A series of mitigation measures for ultimate buildout of the Specific Plan area are shown on pages 57 and 58 of the EIR. At the present time, the applicant is proposing only a large lot subdivision for the Specific Planning area and Planned Development Permits for construction have not been applied for at this time. However, staff has conditioned the project to provide the "backbone" circulation infrastructure. AIR QUALITY Vesting Tentative Tract Maps 4785 and 4786 will not produce significant amounts of ROC or NOx because there will not be construction of permanent structures with these subdivisions. Thus the development projects are not expected to result in substantial deterioration of the ambient air quality. Any short -term impacts due to grading will be mitigated to an insignificant level. IV. CONFORMANCE WITH THE SPECIFIC PLAN Vestina Tentative Tract Map No. 4785 It was the intent of the City Council to have Lot No. 3 (2.5 acre Commercial Restaurant) located at the top of the knoll. From reviewing Vesting Tentative Tract Map No. 4785, it appears that although this parcel is of the appropriate size as shown in the Specific Plan, it's location has been moved from the top of the knoll. In addition, staff is of the opinion that "B" Street should have separated Lot 1 (planned for Sub - regional Commercial uses) and Lot 2 (planned for a Business Park). At the present time, the proposed street generally runs east -west and bisects Lot 2. Thus, the street will not be buffering the different uses. There is also a need to remove "C" Street from the map. 10:29:9113:56pM.- \STFRPT.PC 7 Vesting Tentative Tract Map 4786 Generally, the lots for Vesting Tentative Tract Map 4786 is consistent with the intent of the Specific Plan, with the exception of Lots 3 and 4, which are 4.0 and 3.0 acres respectively. Staff is of the opinion that by reducing the size of the parcel from 7.0 acres, that the City will reduce the number of options of prospective Institutional Uses in the future. Therefore, staff recommends that Lots 3 and 4 be combined into one parcel. V. CONFORMANCE WITH THE GENERAL PLAN Urban Form 1. General Plan Policy(ies) Confine urban development in or urban areas; maintain open space integrate residential, commercial, achieve balanced communities; expansion of development when suit exist within the service areas. Conformance adjacent to existing between urban areas; and industrial uses to discourage outward able developable areas The project site is located adjacent to existing urban areas as well as containing 225.4 acres of open space. Services are available to the site and the land use plan for the project has been prepared to achieve a "balanced community," with a complementary mix of residential shopping, employment- generating, recreational, and aesthetic uses. 2. General Plan Policy(ies) To promote the integration of environmentally oriented and architecturally sensitive design into the development of all facilities and types of land uses. Conformance Large expanses of natural open space as well as adherence to the architectural guidelines as specified in the Carlsberg Specific Plan, once the applicant submits for Planned Development Permits for implementation of the Specific Plan, will ensure the development of an aes- thetically sensitive project. The large lot subdivision specifies a number of the parcels for open space. 10:29:91 13:56pmA:\S7FRPT.pc 8 3. General Plan Policy(ies) A definite, distinct image shall be established through entry monumentation, architecture, and landscape themes /trails. To encourage the enhancement of community appearance in the urban areas through beautification efforts and the preservation of aesthetic resources. Conformance The Specific Plan has been formulated with respect for the natural physical character of the site, and develop- ment will blend sensitively with the natural environment. Approximately forty eight (48) percent of the site will remain in natural open space. This area has been designed to protect views of the natural environment. The conditions for the large lot subdivision require that trail easements be shown on the Tentative Tract Map. Also, conditions placed on the Maps are designed to ensure that the intent of the Specific Plan is carried through even at the large lot subdivision stage of development. Residential 4. General Plan Policy(ies) Encourage a variety of housing densities and varying densities within developments. Conformance A mix of housing types will be provided ranging from 1- U.P.G.A. single - family residential lots to attached duplex and detached patio /zero lot line dwelling units at a density of 5.0 units per acre. Five residential densi- ty classifications are included in the plan. The lots designated for residential uses conform to the intent of the residential land uses as specified in the Land Use designations identified in the Land Use Map of the Specific Plan. 5. General Plan Policy(ies) Establish a phasing plan which will prevent scattered urban development and will provide for orderly growth. 10:29:91 13:56PM:\STFRPT.PC 9 Conformance The specific plan provides for the logical and sequential phasing of development coordinated with the provision of adequate infrastructure systems. The large lot subdivision is conditioned to assure that the infrastructure backbone of the Specific Plan area is set in place to accommodate the proposed phasing of development. 6. General Plan Policy(ies) Designate hilly areas as rural or open space. Conformance The more sensitive areas of the site have been designated as open space in the approved plan and are identified as Open Space parcels on these Vesting Tentative Tract Maps. 7. General Plan Policy(ies) Encourage residential development with properly planned and adequate public services. Conformance The specific plan provides for a system of public and community facilities to meet the needs of residents of the project. The Tentative Maps are conditioned to provide adequate services. 8. General Plan Policy(ies) To ensure that the location of residential land uses provides a harmonious relationship between adjoining uses, natural features and the total environment. Conformance All development areas are designed to blend sensitively with the natural environment, and to achieve compatibility with surrounding properties. 9. General Plan Policy(ies) To provide adequate and appropriate traffic movement on adjoining arterioles with relation to location of com- mercial uses. 10:29:91 13 :56pmA: \STFRPT.PC 10 Conformance The traffic improvements identified in the Specific Plan EIR will provide for adequate traffic movement and the conditions of the Vesting Tentative Tract Maps implement the mitigations specified in the Specific Plan EIR. Water Resources and Quality 10. General Plan Policy(ies) Prevent or discourage new agricultural and urban devel- opment which will degrade groundwater from location on aquifer recharge areas. Treat or contain runoff which has substantial amounts of pollutants or contaminants at the source where feasible, encourage land use design which will capture water for groundwater recharge and maintain aquifer recharge areas. Conformance The drainage facilities for the project will be cons- tructed in accordance with all local and state require- ments. 11. General Plan Policy(ies) Limit development in scenic, significant or fragile habitats, watersheds and historical and cultural areas. Conformance Where significant habitats may exist, the appropriate local, state and federal agencies have been consulted during the initial 30 day review period of the processing of these Tentative Tract Maps. Also, appropriate mitigations specified in the master EIR have been implemented through conditions placed on these Tentative Maps. Physical Environment /Hazard Areas 12. General Plan Policy(ies) Development should be strongly discouraged on areas of natural or human -made hazards, or on hillsides above 20 percent slope or on ridgelines, or in hazard areas where hazards cannot be mitigated without significant adverse environmental effects and where public expenditures for mitigating would not be cost effective. 10:29:91 13:56pmA: \STMT.PC 11 Conformance Development shall not take place in areas where it is determined to be hazardous or unsafe. Grading Plans will be required for any grading activities. These plans are subject to review and approval of the City Engineer and the Director of Community Development. 13. General Plan Policy(ies) Floodplains, fire hazard areas, tially active faults, and areas potential should be placed in an on the plan or development in adequately protected from these Conformance landslide areas, poten- with high liquefaction open space designation these areas should be hazards. Development shall not take place in areas where it is determined to be hazardous or unsafe. Detailed studies are necessary prior to Final Map approval. Recreation 14. General Plan Policy(ies) Reserve land use options for future regional parks and recreational development. Conformance Consistent with City Council direction, a 6.5 -acre city park site is proposed in the land use plan. 15. General Plan Policy(ies) The future acquisition of parks should be designated to serve local needs. Improvements to existing local parks should be encouraged as well as the development of additional parks, as the need arises. Future acqui- sitions and improvement should consider the concerns of this plan with respect to traffic, air quality, water, etc. Conformance Consistent with City Council direction, a 6.5 -acre city park site is proposed in the land use plan. 10:2 9:91 /3 : 5 6pM.- \STFRPT . PC 12 '~ 16. General Plan Policy(ies) Bicycling, equestrian and hiking trails should be developed as a part of the communitywide trail system. Conformance Trails will be developed in accordance with the trail system as identified in the Carlsberg Specific Plan and any existing or proposed Citywide trail systems. The Vesting Tentative Maps have been conditioned to place the trail easements on the Maps prior to recordation. Also, final design and improvements for the trails shall be completed prior to Final Map approval. 17. General Plan Policy(ies) To establish sites for park and recreational facilities as necessary in accordance with the distribution of population, and in locations that provide a harmonious relationship between adjoining uses. Conformance The provisions for parks meets the local park require- ments. Open Space 18. General Plan Policy(ies) To encourage appropriate types and amounts of open space in and around urban development. Conformance The City Council approved plan provides for approximately 48 percent of the site as open space. These open space areas are shown on the Vesting Tentative Tract Maps as OS lots. 19. General Plan Policy(ies) To encourage the preservation of visually unique terrain, vegetation and water resources. Conformance Open space areas are provided by the Specific Plan and are identifies as Open Space parcels on the Vesting Tentative Tract Maps. 20:29:92 13:56pM;\S7FRPT.Pc 13 20. General Plan Policy(ies) Encourage adequate provisions for open spaces which respect natural features, scenic qualities and historical and cultural resources. Conformance The City Council decision designating the open space areas was based upon these considerations. 21. General Plan Policy(ies) Excessive and unsightly terracing, grading and filling of hillsides shall be strongly discouraged. Development which will obscure or alter the natural ridgelines shall be strongly discouraged. Conformance Grading plans will be prepared in concert with the city staff review and approval, and shall be implemented in as sensitive a manner as feasible. These plans are subject to approval by the City Engineer and the Director of Community Development. 22. General Plan Policy(ies) Historically, significant and archaeologically sensitive areas shall be identified and preserved. Conformance In the event that historic artifacts are encountered, all appropriate steps for their preservation shall be taken. Community Facilities 23. General Plan Policy(ies) Development shall be permitted only where adequate public services are available, or can be provided readily. Public services shall include fire, police, water, schools, roads, and sanitation facilities. Conformance All requirements for public services shall be met. 10:29:91 13:56pmA:\STFRPT.PC 14 24. General Plan Policy(ies) The planting of fire - retardant groundcover will be encouraged around any development in, or near high fire - hazard areas. Conformance All development shall meet all regulations and require- ments of the City Fire Department and the fuel modifi- cation program in the Specific Plan. 25. General Plan Policy(ies) Safe, separate, and convenient paths for bicyclists and pedestrians should be constructed so as to encourage these alternate forms of non - polluting transportation. 26. General Plan Policy(ies) Planting and landscaping along major arterioles shall be encouraged so as to mitigate visual and erosion problems. Implementation of the specific plan landscape guidelines will achieve the intent of this policy. Conformance Implementation of the specific plan landscape guidelines will achieve the intent of this policy. 27. General Plan Policy(ies) All well sites that have been abandoned, or are longer producing shall be restored to their original condition as nearly as practicable. Conformance No abandoned well sites exist on the property. 28. Open Space, Conservation and Recreation Element This element of the General Plan establishes the framework for the provision, maintenance and enhancement of open space, recreation, conservation, and agricultural areas for the purposes of promoting the quality of life of the citizens of Moorpark. The Vesting Tentative Tract Maps will implement the goals of the Open Space, Conservation and Recreation Element through the provisions of a 6.5 -acre public park, 237 acres of open space and extensive hiking and bicycle trails. 10:29:9113 :56pM:\sTFRPT.pc 15 Circulation Element The major goals set forth in the Circulation Element of the General Plan specify that transportation within the city must be provided in a safe, efficient manner. Specifically, a reasonable level of service for streets and adequate public transportation facilities are required. The Carlsberg Specific Plan and these Vesting Tentative Tract Maps, as conditioned, are consistent with the Circulation Element and in that it provides for the safe and efficient movement of traffic through the proper placement of access /egress points and required traffic improvements (eg., travel lanes, turning pockets and traffic signals. Additionally, improvements including landscaping will be made to street surrounding the project in order to facilitate traffic movement and provide attractive streetscapes. VI. AGENCY REVIEW Agencies and Departments which reviewed the proposed projects include the City Engineer, City of Moorpark Police Department, Fire Prevention District, Waterworks District No. 1, Moorpark Unified School District, Caltrans Environmental Planning and the County of .-. Ventura (Air Pollution Control District, Public Works Agency, Environmental Health, and the Planning Department), Caltrans, and the Department of Fish and Game. Conditions of approval and comments from the various reviewing bodies have been incorporated into this report and added as Conditions of Approval for these projects. VII. ENVIRONMENTAL DOCUMENT An Environmental Impact Report was prepared for the Carlsberg Specific Plan which has been certified by the City Council. These Vesting Tentative Tract Maps as proposed are exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, because these subdivisions are consistent with the Carlsberg Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980 (Section 65457 of the Government Code). Potential environmental issues requiring mitigation measures are discussed in the attached Initial Study and mitigation measures have been incorporated into the conditions of approval for the projects. The mitigation measures will be enforced through implementation of the Mitigation Monitoring Program prepared for the projects. 10:29:91 13:56PM:\STFRPT.PC 16 Assembly Bill No. 3180 was adopted by the State Legislature in 1988. This law requires the City to adopt a reporting and monitoring program for adopted or required changes to mitigate or avoid significant environmental effects in conjunction with the adoption of a Mitigated Negative Declaration, or in conjunction with the findings for an Environmental Impact Report. Prepared By: Approved By: Paul Porter ?Director t is J. Richards Senior Planner of Community evelopment MOORPARK, CALIFORNIA Pfammng Commission of °Z 19 ACTION 10:29:91 13 :56pM :\STFRP2'.PC 17 BY Exhibits 1. Findings 2. Initial Study and Mitigating Monitoring Program 3. Conditions of Approval for Vesting Tentative Tract Map No. 4785 4. Conditions of Approval for Vesting Tentative Tract Map No. 4786 5. Vesting Tentative Tract Map No. 4785 6. Vesting Tentative Tract Map No. 4786 7. Carlsberg Specific Plan 8. Carlsberg Specific Plan EIR 10:29:91 13:56pM: \STFRPT.PC 18 FINDINGS AND GENERAL PLAN GOALS AND POLICIES If the Planning Commission chooses to recommend to the City Council approval of the aforementioned projects, the following findings may be used. 1. Pursuant to California State law these proposed Vesting Tentative Tract Maps are exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the environmental report prepared for the Carlsberg Specific Plan have been incorporated into the proposed projects; 3. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached ,.. conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable general and specific plans; 2. That the design and improvements of the proposed subdivision is consistent with the applicable general and specific plans; 3. The site is physically suitable for the type of development proposed; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage; 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; 7. The design of the subdivision and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision; 10 :29 :91 13:56pM:\STFRPT.PC 19 EXHIBIT 1 Entitlement: MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT INITIAL STUDY Vestina Tentative_ Tract Map Nos. 4785 and 4786 Date of Initial Study: October 11, 1991 Name of Applicant: C. T. Financial, a General Partnership by Carlsberg Financial Corporation Location of Project: The proposed subdivisions project site is located on approximately 497 acres of land in the southeastern portion of the City of Moorpark. The cities of Thousand Oaks to the south and Simi to the east are located approximately six miles from the project site. The site is bounded by New Los Angeles Avenue and Arroyo Simi to the north, Spring Road to the west, Tierra Re j ada to the south, and the Moorpark Freeway ( State Highway 23) to the east. Assessor's Parcel No(s).: VTT4785: 500- 35 -15, 500- 35 -33, 512 -15- 60, and 513- 05 -11. VTT4786: 500 -35 -034 and 500 -35 -041 General Plan Land Use Designation: Specific Plan Proposed General Plan Land Use Designation: N/A Present Land Use: Undeveloped PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember _ Councilmember EXHIBIT 2 r Existing Zoning: designations are M -1, CPD, RA, OS E A combination of the following zoning on the property: RPD -1u, RPD -2u, RPD -3u, RPD -5u, Proposed Zoning: N/A Agency Staff Contact: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (805) 529 -6864 I. PROJECT LOCATION AND DESCRIPTION: Location: The proposed subdivisions project site is located on approximately 497 acres of land in the southeastern portion of the City of Moorpark. The cities of Thousand Oaks to the south and Simi to the east are located approximately six miles from the project site. The site is bounded by New Los Angeles Avenue and Arroyo Simi to the north, Spring Road to the west, Tierra Rejada to the south, and the Moorpark Freeway (State Highway 23) to the east. Project: The proposed tentative Tract Maps are for large lot subdivisions which correspond to the approved land use designations of the Carlsberg Specific Plan. Vesting Tentative Tract Map No. 4785, which consists of the northern portion of the Specific Plan, contains approximately 206.49 acres. This subdivision contains the following lots: Vesting Tentative Tract May No. 4785 Lot No. Acres Land Use Zoninct 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 O -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: 3 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 Site Description: 1. The project site ranges in elevation from 520 to 920 feet. The site is characterized by a variety of topographic features. The southern portion of the site consists of a relatively flat alluvial plane overlooking the Tierra Rejada Valley. This southern plan transitions into two prominent peaks in the southeast /southwesterly portion of the site. The terrain then descends in a northerly direction to a mid -sized arroyo area bordered on the north by a steep ridgeline. A large gently sloping plain extends from this ridge to New Los Angeles Avenue. The site is bisected in an east -west direction by areas with slopes of 20 percent or greater. Near the northwesterly portion of the site is a 20 -acre plateau which rises approximately 100 feet above the alluvial plain below. 2. Surrounding Land Uses: The area immediately surrounding the project site consists primarily of residential uses, open space, commercial /office and industrial uses. The northern portion of the site is bordered by New Los Angeles Avenue, and industrial uses. The extreme northwest corner of the site is adjacent to the Arroyo Simi, beyond which are commercial /office uses. Across New Los Angeles Avenue to the north are single family and multi - family residential uses, an industrial; complex, and vacant land. The site is bordered on the west by Spring Road, across from which is a single family residential development and Monte Vista Nature Park. Also located along the western portion of the site on Peach Hill Road is a church. The extreme southwest portion of the site is adjacent to neighborhood commercial uses. Tierra Rejada Road bound the project on the south. The Moorpark -- Freeway (23) bounds the site to the east. Beyond both the southern and eastern project boundaries area the 4 County of Ventura open space areas. A portion of the open space area across Tierra Rejada Road is included in the Tierra Rejada Greenbelt Agreement area established by the cities of Moorpark, Thousand Oaks, Simi Valley and the County of Ventura. II. IS THE PROPOSED PROJECT CONSISTENT WITH: Yes No N/A Moorpark General Plan X Applicable Specific Plan: X Moorpark Zoning Ordinance X III. ARE ANY OF THE FOLLOWING STUDIES REQUIRED: Noise Study Tree Study -. Archaeological Report Biology Report Geotechnical Report Soil borings and assessment for liquefaction potential Traffic Study Other (identify below) The above items are addressed in the Environmental Impact Report that was prepared for the Carlsberg Specific Planning area. IV. INITIAL STUDY CHECKLIST AND RESPONSES: A. Earth 1. Does the parcel contain slopes of 20% or greater which will be affected by project construction? Yes Maybe No N/A X 5 Response Much of the Carlsberg Specific Plan area involves land of which slopes greater than 20% slope exists. However, most of the steep slope areas throughout the site will remain in permanent open space pursuant to the approved Specific Plan. 2. Is any significant modification of major landforms proposed? Yes Maybe No N/A X Response Substantial grading as a result of ultimate development of this property will take place. At this time the applicant is requesting approval of a large lot subdivision. Any grading proposed would be in accordance with the Grading and Cut and Fill Plan as conceptually shown in the Specific Plan and approved by the City Engineer and the Department of Community Development. 3. Will the project result in the exposure of people or ,.. property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Yes Maybe No N/A X Response The site is subject to potential earthquakes as is most of southern California. The southwest portion of the site is crossed by the Simi -Santa Rosa fault zone. Due to the topography, there is a potential for landslides or mudslides. However, prior studies indicate that the possibility of surface rupture along the fault is remote. C 4. Does the site include any unique geological features or paleontological resources of significance? Yes Maybe No N/A X 5. Will the project result in a significant increase in wind or water erosion or siltation either off- or on -site beyond the construction phase of the project? Yes Maybe No N/A X 6. Will the project result in changes in siltation, deposition, or erosion which may modify the channel of a river or stream? Yes Maybe No N/A X Response to No. 5 and 6 The project will result in increased impervious surfaces which may increase water erosion. However, this is only a short term impact. During the construction phase of the project, landscaping and drainage improvements incorporated into the development will prevent wind and water erosion of soils. Mitigation Measures 1. a. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a grading Permit; and shall post sufficient surety guaranteeing completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal /vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. r. B. Air 1. Will the project result in a significant adverse air quality impact (based on the estimated date of project completion), as identified in the Ventura County Air Pollution Control District's Guidelines for the Preparation of Air Ouality Impact Analyses? Yes Maybe No N/A X Response The large lot subdivision is not expected to create long term air quality impacts in that this project is not for the development of residences, but short term impacts on air quality will be produced as a result of grading. In the event the applicant grades the subject property, a grading permit will be required for all grading activities. As a conditions of the grading permit, the following types of mitigation measures would be imposed the make sure that the short term air quality impacts would be kept to a minimum. Air _Quality Mitigation 1. The applicant shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 2. 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 site 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 so as to prevent excessive amounts of dust. 8 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. 2. Will the project result in a significant cumulative adverse air quality impact based on inconsistency with the Ventura County Air Quality Management Plan? Yes Maybe No N/A X Response This large lot subdivision is not accompanied by a residential planned development for the development of residential structures. Therefore there will be no adverse air quality impact based on an inconsistency with the Ventura County Air Quality Management Plan. 3. Will the project result in the creation of objectionable odors? Yes Maybe No N/A X Response As this subject subdivision is not accompanied with a development proposal that would create objectionable odors, there will be no adverse impact. 4. Will the project result in the exposure of sensitive receptors to substantial pollutant concentrations? Yes Maybe No N/A X Response -- See response to item No. 2 above. 9 C. Water 1. Does the project involve a major natural drainage course or flood control channel? Yes Maybe No N/A X 2. Will the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface. runoff? Yes Maybe No N/A X 3. Is the project within a 100 -year flood hazard area as identified on the Federal Emergency Management Agency .— Flood Insurance Rate Map for the City of Moorpark? Yes Maybe No N/A X 4. Will the project result in alterations to the course or flow of flood waters? Yes Maybe No N/A X 5. Will the project result in a change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes Maybe No N/A X Response to item Nos 1 - 5 The large lot subdivision may involve natural drainage courses, result in a change in the absorption rates and drainage patterns, portions of the site are within the 100 year flood plain, and may result in the change in quantities of ground waters due to possible 10 grading activities. These are considered to be insignificant as the City Engineer has placed standard conditions of approval to keep these issues in check. Some of the proposed conditions are as follows: Mitigation Measures 1. The applicant shall demonstrate that each building site is protected from damage by a 100 -year frequency storm to the satisfaction of the City Engineer. The applicant shall demonstrate feasible access during a 10 -year frequency storm for each building pad to the satisfaction of the City En- gineer. 2. The applicant 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: * 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. 11 * Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. * All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer. 3. The applicant 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. 6. Will the project result in degradation of ground or surface water quality? Yes Maybe No N/A X 7. Will the project change the amount of surface water in any water body? Yes Maybe No N/A 8. Will the project amount of water supplies? Response to item Nos. 1 - 8 X result in substantial reduction in the otherwise available for public water Yes Maybe No N/A X Ultimate development of the Carlsberg Specific Plan area could result in the modification of existing drainage patterns or streams and an increase in the amount of impervious surfaces which may change absorption rates and drainage patterns. However, at this stage , the applicant is not applying for building permits or grading permits on the property. As a condition of approval the these Vesting Tentative Tract Maps, the applicant will be required abide by the following types of mitigations to alleviate any potential adverse impacts. 12 Mitigation Measure See above mitigations for item Nos. 1 - 5 D. Plant Life 1. Will the project result in a substantial change in the diversity or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Yes Maybe No N/A X 2. Are any unique, rare, or endangered species of plants present on the project site? (See State and Federal listings, California Native Plant Society Inventory of Rare and Endangered Vascular Plants, and /or General Plan EIR.) Yes Maybe No N/A X 3. Will the project result in the introduction of new plant species that may cause increased competition and displacement of existing native vegetation patterns? Yes Maybe No N/A X 4. Will the proposal result in the reduction in acreage of any agricultural crop? Yes Maybe No N/A X Response to item Nos. 1 - 4 Development of the project will result in the removal of and disturbance to plant communities on -site. Grading and brush .� removal for fire control purposes will be the principal source of these impacts. There is a southern oak /riparian woodland which is 13 considered to be a significant biological resource. A "blue line" stream is an inter,intermittent stream shown on the U.S.G.S. topographical maps. In addition, a second "blue line" stream is crossed by the main access road which traverses the site. According to a recent study, a population of the State listed rare plant, Lyons pentachaeta, has been found on -site in the area proposed for development of 1 -acre single family residential units. As a result, this species may be threatened by development. In order to minimize any impacts that may be associated with grading of the proposed site, the following mitigation measures will be placed on the project should grading take place. Mitigation Measures 1. The use of native 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. 2. No grading activities shall take place for at least 100 feet along the perimeter of the stream channels. 3. In the event grading activities should take place in the area where Catalina mariposa lily and the chocolate lilly form bulbs and are consequently good candidates for plant salvage, the applicant 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. 4. Prior to the issuance of grading permits, an tree survey and mitigation program shall be reviewed and approved by the Director of Community Development for the entire site. The study shall be prepared by a registered arborist acceptable to the City and mitigations incorporated into the conditions of the grading permit. Preservation, transplanting and planting of oak trees or other significant trees and /or plants should be considered. E. Animal Life 1. Will the project result in a reduction in the diversity of any species of animals (birds; land animals, including 10_�. 14 reptiles; fish and shellfish, benthic organisms; or insects) which currently occupy or utilize the project site in some way? Yes Maybe No N/A X 2. Will the project restrict the range of or otherwise affect any rare or endangered animal species? Yes Maybe No N/A X 3. Will the project result in a deterioration of any significant wildlife habitat? Yes Maybe No N/A X Response to item Nos. 1 - 3 Build -out of the project will alter the distribution and population characteristics of existing wildlife resources within the areas proposed for development. Construction and grading activities such as vegetation clearing will result in the direct mortality of small animals not able to abandon the area. Populations of animals having small home ranges, particular burrowing species and reptiles, will also be disrupted. The more mobile species such as birds and larger mammals, will be displaced at least temporarily. Survival of these individuals is contingent upon their success in establishing new territories away from the construction area, and the rate of recovery of suitable vegetation within the site. The most notable impact to wildlife resulting from project development is the interference with wildlife movement corridors. Project development and construction of associated road systems will create significant disruptive barriers to the activities of terrestrial animals. The following types of mitigation shall be imposed should the applicant obtain grading permits for the project site: Mitigation Measure 1. Based on the recommendation of a qualified biologist, the applicant shall install a guzzler in the open space in the northwestern portion of the site for wildlife and guarantee a water source. All plans shall be reviewed and approved by the City prior to issuance of grading permits. 15 2. 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. F. Department of Fish and Game "De Minimis Finding" Will the project have an adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability" (Section 711.2, Fish and Game Code). Yes Maybe No N/A X Mitigation The applicant will be required to pay a fee in the amount of $1,250 ,r to be paid to the County of Ventura for the State required Notice of Determination filing fee for the State required Notice of Determination filing fee in accordance with Assembly Bill 3158. G. Noise 1. Will the project result in increases to existing noise levels? Yes Maybe No N/A X 2. Will the project result in the exposure of people to conditionally acceptable or unacceptable noise levels based on the City's Noise Element? Yes Maybe No N/A X Response to items Nos. 1 and 2 Implementation of the project through the issuance of grading permits will result in short -term construction - related noise ._ increases. This noise will occur from heavy equipment and clearing /truck equipment. Noise from scrapers, jackhammers, pavers 16 and other types of construction equipment may range from 75 to 100 dBA at 50 feet from the source. Typical cycles may involve two minutes of full -power operation followed by three or four minutes at low power. Since construction noise is temporary and limited to daytime hours, it is not considered a significant adverse impact on the project. Mitigation Construction activities shall be limited to from 7:00 a.m. to 7:00 p.m. Truck noise from hauling operations shall be minimized by the City Engineer establishing hauling routes for grading and /or construction activities. H. Light and Glare 1. Will the project result in a significant new source of light or glare? Yes Maybe No N/A X Response Since this discretionary process does not consist of the development of structures additional glare is not expected to increase in the area. I. Land Use 1. Will the proposal result in a substantial alteration of the present or planned land use of an area? Yes Maybe No N/A X 2. Are adjoining or planned land uses incompatible with the proposed project, so that a substantial or potentially substantial interface problem would be created? Yes Maybe No N/A X 3. Could the project serve to encourage the development of presently undeveloped areas or result in increases in the development intensity of existing developed areas r- 17 (examples include the introduction of new or expanded public utilities, and new industrial, commercial, or recreational facilities)? Yes Maybe No N/A X Response to item Nos. 1 - 3 The proposed large lot subdivision is in accordance with the approved specific plan for the area and does not at this time include permit approval for the construction of structures. J. Natural Resources 1. Will the project result in substantial depletion of any nonrenewable resource? Yes Maybe No N/A X ,.� 2. Will the project result in the conversion of agricultural land to nonagricultural use or impairment of the agricultural productivity of agricultural land? Yes Maybe No N/A X Response to item Nos. 1 and 2 These subdivisions will not result in the substantial depletion of non renewable resources. As the area is not presently in agricultural production and the proposed long range uses of the property is not agriculturally oriented, the subdivisions will not impair the agricultural productivity of the area. R. Risk of Upset and Human Health 1. Will the project involve or be subject to a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radioactive materials) in the event of an accident or upset condition? Yes Maybe No N/A X 18 Response There are known hazardous substances located on the site and the subdivision of the land will not cause any such substances to be introduced to the area. 2. is the project within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? Yes Maybe No N/A X Response Any proposed development of the property would require the implementation of fire department conditions prior to combustible construction. Any combustible construction would require the approval of additional discretionary development permits. 3. Will the proposal result in the creation of any health r.. hazard or potential health hazard and /or the exposure of people to potential health hazards? Yes Maybe No N/A X Response No known health hazards would be produced as a result of this large lot subdivision. L. Population 1. Will the project alter the location, distribution, density, or growth rate of the human population of an area? Yes Maybe No N/A X Implementation of the Carlsberg Specific Plan would increase the growth rate of the population of the City. Mitigation measures would be placed on future development projects to mitigate any potential adverse impacts related to this issue. 19 M. Housing 1. Will the proposal require the removal of any housing unit(s)? Yes Maybe No N/A X 2. Will the proposal reduce currently available low and very -low income housing through changes in use or demolition? Yes Maybe No N/A X 3. Will the proposal require the displacement of people from the project site? Yes Maybe No N/A X Response to item Nos. 1 - 3 At the present time, there are no dwelling units located on the property. N. Transportation /Circulation 1. Will the proposal result in the generation of substantial additional vehicular movement? (Identify estimated a.m. and p.m. peak hour trips and average daily vehicle trips generated by the project.) Yes Maybe No N/A X 2. Will the proposal result in a cumulative impact to the existing or planned transportation systems? Yes Maybe No N/A X 20 3. Will the proposal result in an increased demand for off - site parking? Yes Maybe No N/A X 4. Will the proposal result in an increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? Yes Maybe No N/A X . Response to item Nos. 1 - 4 Implementation of the Specific Plan, which would require approval of additional discretionary projects, would create additional traffic to the area. At that time additional mitigation measures as identified in the EIR for the Carlsberg Specific Plan would be placed on the project. At the present time, the large lot subdivision will require that provisions for the infrastructure of the specific plan be established. As such, the following types of conditions will be placed on these two large lot subdivisions. A Traffic impact analysis is found beginning on page 50 of the Environmental Impact Report that was prepared for the Carlsberg Specific Plan. The proposed internal circulation system for the project includes a two lane facility extending "A" Street from Los Angeles Avenue to Tierra Rejada Road, and the extension of Peach Hill Road easterly to "A" Street. The build -out of the Carlsberg Specific Planning area is estimated to generate 31,676 trips daily, with 1,166 occurring during the a.m. and 2,384 during the p.m. peak hour. The total project trips are distributed onto the circulation system, based on the several travel patterns for the entire city and the subregion. The trip distributions are shown on Exhibit 9 of the EIR. Based on the analysis of background plus project conditions, the traffic consultant recommended a series of mitigation measures for the project. Mitigation Measures 1. r�- The applicant shall submit proval, street improvement civil engineer; shall enter complete the improvements; guaranteeing the constructs o of -way acquisition necessary improvements will be acquired expense. e City for review and ap- prepared by a registered n agreement with the City to all post sufficient surety he improvements. Any right - to complete the required I y the applicant at their to t h plans into a and s h n of t 21 2. The improvements shall include concrete curb and gutter, sidewalk, street lights, traffic signals, striping and sign- ing, 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 applicable Ventura County Road Standard Plates are as follows: a. Peach Hill Road shall be per Plate B -4A b. Neighborhood Street shall be per Plate B -4B C. Neighborhood Street cul -de -sacs shall be per Plate B -4C d. New Los Angeles Avenue shall be per Plate B -2A with the median modified to be 26 feet wide. e. Tierra Rejada Road shall be per Plate B -2B f. Spring Road shall be per Plate B -2B with interim right -of -way modified per the following exhibit. g. 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. h. 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. 3. The applicant shall pay the appropriate assessment to the Tierra Rejada /Moorpark Area Of Contribution fund. Credit shall be given to the applicant for the following: Spring Street Bridge at Arroyo Simi. The applicant shall be credited for the West parapet and West bridge shoulder and any lanes in excess of two (as approved by the City). The applicant shall be credited for all street improvements West of the final center line plus one half of the temporary traffic control. 4. The applicant shall add an additional eastbound lane to the South side New Los Angeles Avenue. Additional right -of -way shall be dedicated to the City as necessary to accomplish the widening. 5. The circulation plan for the project, and street improvement plans shall include dedication of right -of -way for the proposed widening of Tierra Rejada Road. The portion of "A" Street north of "B" Street shall be constructed as a four -lane facility. 6. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current rates for each of the Area of Contributions at the time of Final Map approval. O. Public Services Will the proposal have an effect upon, or result in a need for new or altered governmental services such as police and fire protection, schools, parks or recreational facilities, or other governmental services? Yes Maybe No N/A X P. Energy Will the proposal result in the use of excessive amounts of fuel or energy? Yes Maybe No N/A X 0. utilities Will the proposal result in a need for new systems, or substantial alterations to utilities, including power or natural gas, communications systems, water, sewer, storm water drainage, solid waste disposal, and street lighting annexation and /or improvements? Yes Maybe No N/A X Response to items Nos. 0 - 0 Although build -out of the specific plan area will increase the demand for services, it is not expected that the subdivision at this time will significantly place additional demands for services since the applicant has not yet requested approval of a Residential Planned Development Permit. R. Aesthetics 1. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal 23 result in the creation of an aesthetically offensive site open to public view? Yes Maybe No N/A X 2. Will the project result in the loss, covering, or modification of any unique geologic or physical features such as a natural canyon, rock outcrop, ridgeline, or hillside with a slope in excess of 25 percent? Yes 'Maybe No N/A X 3. Will the project result in the loss of a distinctive landmark tree or stand of mature trees? Yes Maybe No N/A X Response to item Nos. 1 - 3 It is possible that the topography through grading operations may create adverse impacts. In order to minimize impacts, staff has included conditions of approval to the tracts to minimize impacts. Mitiaation Measures 1. 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 applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and the final landscape inspection. All landscaping shall be in place and receive final inspection prior to the approval of the Final Vesting Tract Map. Note: The landscape plans shall be approved by 24 the Director of Community Development prior to the issuance of a grading permit. 2. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and shall not be removed without prior approval of the Director of Community Development. The applicant 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 applicant shall replace any dead plants and make the necessary repairs to irrigation system consistent with the landscape plan approved for the subdivision. 3. The applicant shall submit to the City of Moorpark for review and approval, a Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology. 4. The Developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. 5. 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. S. Archaeological /Historical 1. Is there a potential that the proposal will result in the alteration or destruction of an archaeological or historical site? Yes Maybe No N/A X 2. Will the proposal result in adverse physical or aesthetic effects to an archaeological site or historic building, structure, or object? Yes Maybe No N/A X Response to item Nos. 1 and 2 According to the EIR that was prepared for the specific plan, no 25 archaeological resources were observed and none have been previously recorded on -site, therefore no significant resources are expected. T. Mandatory Findings of Significance 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes Maybe No N/A X 2. Does the project have the potential to achieve short- term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future.) Yes Maybe No N/A X 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is .relatively small, but where the effect of the total of those impacts on the environment is significant. The term "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Yes Maybe No N/A X V. 26 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes Maybe No N/A X REFERENCES: The references used in responding to this questionnaire include the following: 1. EIR for Ventura County General Plan- -Land Use Element for the Moorpark Area (1980). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986. 3. General Plan of the City of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 6. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 7. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1988. 8. Zoning Ordinance of the City of Moorpark. 9. Carlsberg Specific Plan 10. Carlsberg Specific Plan EIR I I a R o� Qo'—' Date Paul Porter, Senior Planner (0 A?Iqz - Date Patrick/J. Richards, Director of Community Development MITIGATION REPORTING AND MONITORING PROGRAM FOR VESTING TENTATIVE TRACT MAP NOS. 4785 AND 4786 A. Earth Geotechnical /Grading Mitigation Prior to Final Map Approval: 1. The applicant 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 guaranteeing completion. 2. Cut or fill slopes 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. 3. A slough wall, approximately 18 inches high, with curb outlet drainage shall be constructed behind the back of the sidewalk where slopes are adjacent to sidewalk so as to reduce debris from entering sidewalk and streets at locations required by the City Engineer and Director of Community Development. Wall material shall be approved by the Director of Community Development. 4. All borrow /fill sites outside of tract boundaries shall be shown on the 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. 5. At the applicant'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. 6. 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. 7. Prior to issuance of grading permits, the city, the applicant and Water District No. 1 shall agree on a site for water storage and access road within the property and the district shall review and approve final plans for on -site water storage and distribution. Either the applicant shall construct the required on -site water storage and distribution facilities or file an agreement with the Calleguas Municipal Water District stating when and how facilities will be funded and constructed. A:\MWEMTMON 8. The use of native 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. 9. No grading activities shall take place within at least 100 feet along the perimeter of the stream channels. 10. In the event grading activities should take place in the area where Catalina mariposa lily and the chocolate lilly form bulbs, and such areas are consequently good candidates for plant salvage, the applicant 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. 11. Prior to the issuance of grading permits, a tree survey and mitigation program shall be reviewed and approved by the Director of Community Development for the entire Tract. 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. 12. Based on the recommendation of a qualified biologist, the applicant shall install a wildlife guzzler in the open space within the northwestern portion of the site for wildlife. All plans for the guzzler shall be reviewed and approved by the City prior to issuance of grading permits. 13. 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. 14. All construction activities of any kind shall be limited between the hours of 7:00 a.m. to 7:00 p.m. Truck noise from hauling operations shall be minimized by the City Engineer approved hauling routes for grading and /or construction activities. 15. Compliance with City Resolution No. 88 -522, "Amendment of Residential Development Management System ", is required. A:\MWEMTMON 3 Grading Monitoring Prior to Final Map Approval: * The Community Development Department and the City Engineer's Office will review the submitted grading plan, soils and geotechnical report, and the comments from the City's geotechnical report, and shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark's Grading Ordinance and in accordance with Building Code requirements. Standard Monitoring- Reauire that During Gradin * In order to document that major landforms have not been encountered the City Engineer's office shall conduct a field inspection during the grading phase of the proposed development. * If any archaeological or historical finds are uncovered during excavation operations, the permittee shall assure .._ the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Erosion Control Mitigation Prior to Final Map Approval: 1. An erosion, siltation and dust control plan shall be sub- mitted 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. A:\MWEMTMON V, Erosion Control Monitories Prior to Final Map Approval: * The City Engineer will make a determination as to whether the mitigation measures required by the applicant prior to final map approval are necessary. B. Water Drainage Impact Mitigation Prior to Final Map Approval: 1. The applicant shall demonstrate that each building site is protected from damage by a 100 -year frequency storm to the satisfaction of the City Engineer. The applicant shall demonstrate feasible access during a 10 -year frequency storm for each building pad to the satisfaction of the City En- gineer. 2. The applicant shall submit to the City for review and ap- proval, drainage plans, hydrologic and hydraulic calculations r 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: * 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; A:\MWEMTMON 5 * 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 applicant. * 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 r... 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 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. 3. The applicant 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 A:\MWENTMON C specified. These facilities must also be acceptable to the Ventura County Public Works Agency. Drainage Impact Monitoring Prior to Final Map Approval: * The City Engineer will ensure that drainage plans are adequate, that required contributions have been received and that the requirements pursuant to each building are adequate to maintain on -site and off -site drainage facilities. * The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely contain storm water flows. C. Plant Life Biological Mitigation 1. 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 applicant 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 applicant shall agree to provide the necessary maintenance easements to the City for those designated common landscaped areas. The applicant shall maintain the right to protest the amount and the spread of any A:\MWEMTMON 7 proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The applicant shall record a covenant to this effect. 2. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and shall not be removed without prior approval of the Director of Community Development. The Biological Monitoring: Prior to Approval of the Final Map: * The subdivider shall submit landscaping plans to the Department of Community Development for review and approval. * All landscaping and irrigation shall be installed and receive final inspection. D. Animal Life Prior to ADDroval of the Final Ma * Based on the recommendation of a qualified biologist, the applicant shall install a wildlife guzzler in the open space within the northwestern portion of the site for wildlife. All plans for the guzzler shall be reviewed and approved by the City prior to issuance of grading permits. Monitoring Prior to approval of the Final Map, the City Engineer shall ensure that the guzzler is installed. E. Department of Fish and Game Prior to recordation of the Notice of Determination, the Department of Community Development will obtain a check from the applicant payable to the County of Ventura to comply with Assembly Bill 3158. F. Noise No mitigation necessary G. Light and Glare No mitigation necessary A:\MWEMTMON M H. Land Use Mitigation Prior to Approval of the Final Map 1. The applicant shall consolidate Parcels 3 and 4 of Vesting Tentative Tract Map No. 4786. 2. The applicant shall adjust lot No. 3 of Vesting Tentative Tract Map No. 4785 to the top of the knoll. Monitoring * Prior to approval of the Final Map, the Department of Community Development shall check the map to ensure that the lots have been modified. I. Natural Resources Does not call for the need for a mitigation monitoring program. J. Risk of Upset and Human Health Does not call for the need for a mitigation monitoring program. R. Population Does not call for the need for a mitigation monitoring program. L. Housing Does not call for the need for a mitigation monitoring program. M. Transportation /Circulation Traffic /Parking Mitigation 1. The applicant shall submit to the City for review an approval, 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 applicant at their expense. A:\MWEMTMON 9 2. The street improvements shall include concrete curb and gutter, sidewalk, street lights, traffic signals, striping and signing, traffic control, paving and any necessary transitions to the satisfaction of the City Engineer. The applicant shall dedicate the necessary right -of -way to make all of the required improvements. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The applicable Ventura County Road Standard Plates are as follows: a. Peach Hill Road shall be per Plate B -4A b. Neighborhood Street shall be per Plate B -4B C. Neighborhood Street cul -de -sacs shall be per Plate B -4C d. New Los Angeles Avenue shall be per Plate B -2A with the median modified to be 26 feet wide. e. Tierra Rejada Road shall be per Plate B -2B f. 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. g. 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. h. 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. 3. Prior to offering for sale or lease 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. 4. The applicant shall include any requests for bus turnouts and shelters /benches by the city in street improvement plans and plans for the project. Said plans shall be approved by both the City Engineer and the Director of Community Development. 5. The applicant 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 r-- A:\MWEMTMON 10 * 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 applicant shall make a contribution to the City for the applicant'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% 6. The applicant 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 applicant for the following: Spring Road Bridge at Arroyo Simi. The applicant shall be credited for the West parapet and West bridge shoulder and any lanes in excess of two (as approved by the City). The applicant shall be credited for all street improvements West of the final center line plus one half of the temporary traffic control. 7. The applicant shall add an additional eastbound lane to the South side New Los Angeles Avenue adjacent to the project. Additional right -of -way shall be dedicated to the City as necessary to accomplish the widening. 8. The circulation plan for the project, and street improvement plans shall include dedication of right -of -way for the proposed widening of Tierra Rejada Road. That the portion of "A" Street north of "B" Street shall be constructed as a four - lane facility. 9. The phasing plan, recommended in mitigation number 3.6.3.1 from the certified EIR for the Carlsberg Specific Plan is A:\MWEMTMON 11 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. 10. Left turn storage lanes are required at all intersections along Science Drive. 11. Except as authorized by the Director of Public Works, no median breaks shall be allowed at locations other than intersections. 12. Additional ROW dedication shall be required along Peach Hill Road in order to provide a left turn storage lane for access to the proposed school site. 13. The applicant shall improve the intersection of Spring Street and Tierra Rejada in accordance with the EIR. 14. The applicant shall improve the intersection of Moorpark Avenue and Tierra Rejada in accordance with the EIR. 15. The applicant shall widen the North side of Tierra Rejada, adjacent to the project, to three westbound lanes plus 10 feet of paved shoulder, curb and gutter, and a 12 feet wide sidewalk and landscape strip. 16. The circulation plan for the project, and street improvement plans shall include dedication of right -of -way for the proposed widening of Tierra Rejada Road. That the portion of "A" Street north of "B" Street shall be constructed as a four - lane facility. 17. Left turn storage lanes are required at all intersections along Science Drive. Traffic /Parking Monitoring: * Compliance with the mitigations will be checked by the City Engineer's office prior to final map approval. N. Public Services Public Service Mitigation Does not call for a mitigation monitoring program. A:1M M4TMON 12 0. Energy Energy Mitigation Does not call for a mitigation monitoring program. P. Utilities, utility Mitigation Does not call for a mitigation monitoring program.2 Q. Aesthetics Aesthetics Mitigation Prior to Avvroval: of the Final Ma 1. 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. 2. 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 applicant 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 applicant shall agree to provide the necessary maintenance easements to the City for those designated common landscaped areas. The applicant 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 A:\MWEMTMON 13 created by the City. The applicant shall record a covenant to this effect. 3. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and shall not be removed without prior approval of the Director of Community Development. The applicant 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 applicant shall replace any dead plants and make the necessary repairs to irrigation system consistent with the landscape plan approved for the subdivision. Aesthetics Monitoring * Prior to approval of the Final Map, the Department of Community Development will review and approve the Grading and Landscaping Plans. R. Archaeological /Historical Does not call for the need for a mitigation monitoring program. A:\MMEMTMON VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 21 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. 12:25.9I14:23pmA:\4785.MV 1 EXHIBIT 3 VESTING TENTATIVE TRACT MAP N0. 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. 11:25:9114:23pmA: \4785.HKW 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. PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 13. 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. 14. 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. 15. 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. 12:25:9I14:23pmA: \4785.NSW 3 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 b. The applicant shall provide irrevocable offer of dedication of easments 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. 16. 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. 17. 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 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 4785. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 11 :25:9114:23pM: \4785.HHW 4 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 21-1991 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. 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. 11 :25:9114:23pmA : \4785.H W 5 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 11:25:9114:23p=A:\4785.NRW 6 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 24. 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. 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 issuance of grading permits, the city, the subdivider and Water District No. 1 shall agree on a site for water storage and access road within the property and the district shall review and approve final plans for on -site water storage and distribution. Either the subdivider shall construct the required on -site water storage and distribution facilities or file an agreement with the Calleguas Municipal Water District stating when and how facilities will be funded and constructed. 11:25:9114:23pmA: \4785.NEW 7 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 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 for the entire Tract. 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 northwestern portion of the site for wildlife. 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. II:25:9114:23pm4: \4785.N6W 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. 11.25:9I14:23pmA: \4785.NEW 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. The subdivider shall submit a fugitive dust control plan, r 11:25:9114:23pM: \4785.NEW 10 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 acceptable to the city, concurrently with submittal of the mass grading plan. 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. 51. All recommendations included in the geotechnical report shall be implemented during project design, grading, and construction in accordance with the approved specific plan. 11:25:9114:23pmA :\4785.M W 11 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 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: 11:25:9114 :23pM :\4785.WW 12 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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 fourteen limited time parking spaces in the vicinity of the school entrance. 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. 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 11:25:9114:23pM:\4785.AMW 13 .. VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 trenching, paving fabric shall be used to prevent reflective cracking. 59. The subdivider shall include bus turnouts and shelters /benches in street improvement plans and plans for the project as required by the city. Said plans shall be approved by both the City Engineer and the Director of Community Development. 60. 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% 61. 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: 11:25:9114:23pM :\4785.NBW 14 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 62. 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. 63. 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 decelaration lanes. 64. 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 sic foot traffic lanes and a four foot bike lane on each side. An alternate design shall be provided that adds two more twelve foot lanes (including approaches) on one side. Rignt 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. 65. 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 11:25 :91 14:23pmA : \4785.NBW 15 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 66. Left turn storage lanes are required at all intersections along Science Drive as shown on the specific plan. No other median breaks are allowed. 67. Street lights shall be provided at all intersections and at all cul -de -sacs. 68. Traffic control devices shall be included in the street improvement plans as required for safe orderly operation. STORM RIIN -OFF 69. 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. 70. 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: * 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; 11:25:9114:23pmA:\4785.M W 16 VESTING TENTATIVE TRACT MAP N0. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 * 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 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. 11.25:91 14:23pM. \4785.MM 17 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2,.1991 71. 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 72. The Calleguas water line shall be relocated as necessary to insure that it does not pass through any proposed residential lots. 73. The subdivider shall demonstrate legal access for each parcel to the satisfaction of the City. 74. 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. 75. 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- 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; 11:25:9114:23pmA :\4785.MM 18 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 76. 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. 77. 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. 78. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). FAITHFUL PERFORMANCE SECURITIES 79. 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 11 :25:9114:23pmA : \4785.NSW 19 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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: 80. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 81. 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. 82. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way for public streets. 83. 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. 84. Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map(s). Assurance shall be 11:25: 9114:23pM : \4785.A W 20 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. 85. 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. 86. The subdivider shall pay all County fees related to Computer - aided Mapping System (CAMS). DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 87. That prior to any work being conducted within the State or City right of way, the shall obtain all necessary encroachment permits from the appropriate Agencies. 88. 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. 89. Construction activities (any noise making activity including the operation or movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. No job site activity shall occur before or after these hours. 90. The subdivider shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the entire project perimeter) 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. 11:25 :9114:23pmA :\4785.=W 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: 91. 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. 92. 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. 93. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 94. 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 95. 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. 96. All water mains shall be installed prior to combustible construction. Fire flow requirements shall be calculated for each project individually. 97. Fuel modification zone shall be 100 feet in width. 98. That prior to combustible construction, all weather access road /driveway, suitable for use by a 20 ton Fire District 11:25:9119:23pmA :\9785.NHW 22 VESTING TENTATIVE TRACT MAP N0. 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. 99. That all driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 100. 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. 101. That (2) means of Ingress /egress (secondary access) shall be provided to the development in accordance with Fire District Private Road Guidelines. 102. 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. 103. That the access roads shall be of sufficient width to allow a 40 foot turning radius at all sharp turns in the road. 104. 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. 105. 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. 106. 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. 107. 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. 11:15:9114:23pM :\4785.M W 23 VESTING TENTATIVE TRACT MAP NO. 4785 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 108. 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 109. 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 110. 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. 11:25:9114:23pmA :\4785.NSW 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. 11:25:9114:25pmA: \4786.NEW I EXHIBIT 4 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. 11:25:9114:25pM:\4786.NSW 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. PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 13. 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. 14. 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. 15. 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. 11 :25 :9114:25pmA : \4786.MW 3 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 b. The applicant shall provide irrevocable offer of dedication of easments 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. 16. 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. 17. 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 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 4785. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 11:25 :91 14:25pM :\4786.NSW 4 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 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. 11:25:9114:25pM :\4786.H" 5 VESTING TENTATIVE TRACT MAP N0. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 11:25:9114:15pmA:\4786.NHW 6 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 24. 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. 25. The subdivider shall submit to the title report which clearly states leaders included within the limits easements that affect the Tract. 26. Prior to Final Map approval, consolidated to one parcel. CITY ENGINEERING CONDITIONS GENERAL CONDITIONS: City for review a current all interested parties and of the Tract as well as any Lots 3 and 4 shall be 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 issuance of grading permits, the city, the subdivider and Water District No. 1 shall agree on a site for water storage and access road within the property and the district shall review and approve final plans for on -site water storage and distribution. Either the subdivider shall construct the required on -site water storage and distribution facilities or file an agreement with the Calleguas Municipal Water District 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 Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 11:25: 9114:25pmA: \4786.MW 7 VESTING TENTATIVE TRACT MAP N0. APPLICANT: DATE: 4786 C.T. FINANCIAL December 2, 1991 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 for the entire Tract. 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 northwestern portion of the site for wildlife. 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. 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' a�pr 13'2 37 t3 a� . ppm lrcq; Bicl.Lnvlt y? : oaellaa= lns s ()xv LL3; wrltiilx,#ye-t;te li la i ra mt?<1Lilr; iniblin'XIi -icil im, iulxid.L- ,Zulattee t L'n :Lit;tw;: "-d' he n(Ect. :aonttlbu.I. nr f:eaa: ia:, pmijaot lj: t:d.iu;:ee (p.nexdhan, t:tl):2m Esd.LN:L1- :liiym; coa:: 111i're::leepinlilligl :i1:f 'llle C:�aIL_Tl7j' :; esa�sionl �Sb}`liCCflFe3�T �' �xcrrnCEe3 s9 EL7:]:OI . Kied'. cq #enE(ncxAl. _koxr ppir xlimmEti:l :dill ulnf :; :c d -hul ;s #lEa 'l. tb_ee :;llrprpax±�gmr—Ot.lb ttthu b('iA'.koiTd.hrcj imcit;ic-ailtia.-E, :: a3... A;Ll:.l 3<axtt:lTit3 ]L1p!. u.-td.Lcn33; :4! cnon3tmucti -Lonk :d-lb2e :#xL. xee v & fn& Jas Lpp:Iam(Mrt:: IDIC aE:EElk.Aa: :amEoxMIS: 1:05 ; Alatl ;„ 3S�xDS>pp::.L= a #tx�3 ccxovr.-ennggg lmA;rEaxi.hixl :s #1>aal i]. :oxc 1113' Uil; l:L'-e sid; ti-Arlam di[E:l lyre , jra)!kn. aiA.lyp .UlrL t h7:c Lana! racer Alit as nd BiLlan- svrorM, .iia 4idn3ng i`:oxa: Alta! clfa3zr. , :m_aa_1a,a -leLl Incic ev alliamrL :ox ig�arld:irlaxl :;4i_i311_ We: �s ttea _erdi Jai pxeer riti; cacexe =_s;:.sL tea: iexonnrla; c):i:f 'AIE.1s:1». cc:.. :Y.JA •l:.ruckc, 'irnr)nn- 1l xr M-V 4MDjpxo3:3ti'_xtrl f:= u:l]:Ll. la: Ixn: L:mcxim; tAE! '0:'zco cl:: :s #lFaol:i . 110sr, 1taon?jp miL.iilras: Ito: casran: lllu> :Lknat Ea3rlo:d :s#1aL 1. :xpreaxiajt:_e3 ]tee=f:�vre3frlo t ilTee 1110113:28 cod :f T ao..1.1 t"_e) !i .1o.am1, :ono were #lcaiemr;; :V.A: j cP mr&_iarf,, i3EaRl3ttli,. 104M:.ulzfl, , coax 4 MMa9l-F.aCL DTl Ta.t #:i��ai.ittd ; lotas:].l]:L :c r3 a;;s� diu:d:mp ]JO.D.1.bab; xa5: lotlicltil 4::zaj k; 1pmeize3:: titlaint .:tX IM111tEO DIM :°lu- M' :awa:xrocrXerll co mar xnu: : imux; . VESTING TENTATIVE TRACT MAP N0. 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. 11:25:9114:25pmA: \4786.=W 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 the mass grading plan. 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. 51. All recommendations included in the geotechnical report shall be implemented during project design, grading, and 11 :25 :91/4:15pM: \4786.M" 1 1 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 11 :15:9114 :25pmA : \4786.NEW 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 fourteen limited time parking spaces in the vicinity of the school entrance. 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); Tierra Rejada Road (widening); and Science Drive. With the approval of the City Engineer the top 1 1/2 inches of paving may be omitted from this requirement. 22 :25:9114 :25PMA: \4786.NEW 13 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4786 C.T. FINANCIAL 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 include bus turnouts and shelters /benches in street improvement plans and plans for the project as required by the city. Said plans shall be approved by both the City Engineer and the Director of Community Development. 60. 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. * SPRING & HIGH ST./ LOS ANGELES * PRINCETON & LOS ANGELES * COLLEGE VIEW & LOS ANGELES * MOORPARK & POINDEXTER AVE * MOORPARK & LOS ANGELES * SPRING & LOS ANGELES II:25 0114:25pmA: \4786.NEW 14 0.8% 3.5% 2.1% 1.6% 1.0% 4.0% 5.4% VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 61. 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. 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 and Tierra Rejada. 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. 62. The subdivider shall improve the intersection of Spring Street and Tierra Rejada in accordance with the EIR. 63. The subdivider shall improve the intersection of Moorpark Avenue and Tierra Rejada in accordance with the EIR. 64. The subdivider shall widen the North side of Tierra Rejada, adjacent to the project, to three 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. 65. The circulation plan for the project, and street improvement plans shall include dedication of right -of -way for the proposed widening of Tierra Rejada Road. That the portion of "A" Street north of "B" Street shall be constructed as a four - lane facility. 66. 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 11 :25 :9I14:25pmA : \4786.NRW 15 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4786 C.T. FINANCIAL December 2, 1991 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. 67. Left turn storage lanes are required at all intersections along Science Drive as shown on the specific plan. No other median breaks are allowed. 68. Street lights shall be provided at all intersections and at all cul -de -sacs. 69. Traffic control devices shall be included in the street improvement plans as required for safe orderly operation. STORM RUN -OFF 70. 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. 71. 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: * all catch basins in sump locations shall carry a 50- year frequency storm; 11:25:9114:15pmA:\4786.NEW 16 VESTING TENTATIVE TRACT MAP N0. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 * 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. * All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the 22:25:9214:25pM: \4786.M W 17 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 satisfaction of the City Engineer and the Director of Community Development. 72. 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 73. The subdivider shall demonstrate legal access for each parcel to the satisfaction of the City. 74. 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. 75. 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 value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; 11 :25 :9114 :25pmA: \4786.NSW 18 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4786 C.T. FINANCIAL December 2, 1991 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. 76. 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. 77. 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 78. 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 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 11:25:9114:25pmA: \4786.nW 19 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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: 79. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 80. 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. 81. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way for public streets. 82. 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. 83. 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. r- 11 :25.91/4:25pM: \47B6.NBW 20 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 84. 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. 85. The subdivider shall pay all County fees related to Computer - aided Mapping System (CAMS). DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 86. That prior to any work being conducted within the State or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 87. 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. 88. Construction activities (any noise making activity including the operation or movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. No job site activity shall occur before or after these hours and not at all on Sunday and Holidays. 89. The subdivider shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the entire project perimeter) 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: 90. 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 11 :25 :9114:25pM \4786.NEW 21 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 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. 91. 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 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. 92. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 93. 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. 94. The pipe at culvert crossings (Station 70 +83) shall be lowered to accommodate the ultimate widening of Tierra Rejada Road. BUILDING PERMITS 95. The Building Department shall specify all energy conserving/ design features, required by the city, not required by state law, as conditions of approval. 96. All buildings shall comply with standards contained in Title 24 of the California Administrative Code. The Building Department shall enforce compliance. FIRE DEPARTMENT CONDITIONS 97. 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). 98. All water mains shall be installed prior to combustible construction. Fire flow requirements shall be calculated for each project individually. 11:25 :91 14r25pmA: \4786.NBW 22 r"� VESTING TENTATIVE TRACT MAP N0. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 99. Fuel modification zone shall be 100 feet in width. 100. 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. 101. That all driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 102. 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. 103. That (2) means of Ingress /egress (secondary access) shall be provided to the development in accordance with Fire District Private Road Guidelines. 104. 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. 105. That the access roads shall be of sufficient width to allow a 40 foot turning radius at all sharp turns in the road. 106. 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. 107. 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. 108. 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. 11 :25:9114:25pmA: \4786.NSW 23 VESTING TENTATIVE TRACT MAP NO. 4786 APPLICANT: C.T. FINANCIAL DATE: December 2, 1991 109. 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. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 110. 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 111. 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 s^ 112. 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. 11:25:9114:25pmA:\4786.NEW 24 ' � ° C. T. FINANCIAL 2800 28TH STREET, SUITE 200 SANTA MONICA, CALIFORNIA 90405 January 2, 1992 Members of the Planning Commission City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Revised Map Conditions Vesting Tentative Maps 4785 and 4786 Dear Commissioner: Subsequent to the last hearing we have discussed with staff ` those conditions of the respective maps which do not permit phased recordation of lot maps within each tentative map or preclude phased installation of infrastructure. We were unable to reach any agreement with staff on these conditions. Specifically, see our proposed changes to the following , conditions related to these two areas of concern: 4785 and 4786 - 3, 11, 57; 4785 -77 and 91 and 4756 - 76 and 93. Condition 55 of both maps should be revised to reflect the appropriate standard road plates and description of the streets included in each map (streets which are not on the map should be omitted). We also are of the opinion that no improvements to Spring Road are required by the EIR due to the conneztion of Science Drive from Tierra Rejada Road to New Los Angeles Avenue and any reference in this condition to ' Spring Road should be eliminated. Condition 56 of map 4785 should be eliminated as Peach Hill Road is not a part of this map. Condition 60 of maps 4785 and 47B6 should be clarified to 'state that in the event the subdivider installs any improvements which are identified as "Projects" under section IV of the Tierra Rejada Area of Contribution document, subdivider shall receive full reimbursement or fee credit for the related cost of installation. Condition 62 of map 4785 should be eliminated as the EIR states that no wioening of New Los Angeles Ave east of Spring Road is W ired with the 23 and 118 freeway connection. Condition-+5 of map 4785 should be eliminated as Spring Road bridge improvements do not relate to impacts generated by the ,~� project. See theJertified project EIR. Page 2. - Map Conditions Condition 75 of Maps 4765 and 4786 can not be impo=sed as a map condition. There are separate legal proceedings which apply to the formation of assessment districts which the City Mu=-t Comply. Attached are copies of all recommended condition amendment=, including those specifically discussed above. Generally, other proposed amendments are recommended for clarification. Where we don't agree with staff in that the EIR doesn't require it =zr the cost e:..ceeds the potential benefit, conditions have been eliminated or modified. Yours truly, C. T. FINANCIAL Y: F.onald S. Tankersley, E; rcUtiVe Vice Pre=-ident of Carlsberg Financial Corporation, gener_.1 partner Attachments i 1 CONDITION I NSEFTS - 4785 --- - - - - -- - - - - - -- - - -- 57. Prior to the Certificate of Occupancy for the first building with respect to each of the Lots 1 through b, or subsequent subdivision=__ thereof, identified in Tentative Tract 4785, the phased completion of the following street improvement= shall be required: a. Lot 1 - New Los Angeles (condition 55.a.) from the intersection of 'science Drive east to the _oath bound on ramp of the 2= freeway. Science Drive from New Los Angeles Avenue to and including "B" Street intersection or south 750 feet, which ever is greeter, two paved lanes, median, east side curb, gutter, parkway and sidewalk: (Condiltion 55.c.). b. Lot 2 - Science Drive from New Los Angeles Avenue to and including "B" Street intersection or south 750 feet, which ever is greater, two paved lanes, west side curb, gutter, parkway and sidewalk. C. Lot 5 or Lot v - Science Drive from M'' Street intersection to Peach Hill intersection . With the approval of the City Engineer, ,_zp to 1 1/2 inches of paving may be omitted from this requirement pending final street acceptance. KUP 1 T 1 U AMR - 4786 57. Prior to the Certificate of Occupancy for the first building with respec=t to each of the Lots 1 through 5, or subsequent subdivisions thereof, identified in Tentative Tract 4786, the phased completion of the following street improvements =hall be required: a.. Lot 1 - Science Drive from north property boundary to a. point 500 feet south of Pesch Hill or secondary lot entry, which ever is greater. b. Lot 2 - Science Drive from a point south of Peach Hill as -desc=ribed in 5;'._. ^ above to and including the intersection at Tierra Reja.da. Road. Tierra Rejada Road We=t from the Science Drive to and including the intersection Hof Spring Road and Tierra. Rejada Road. C. Lot - or Lot 4 - Peach Hill Road from RPD S9-3 to the intersection of 'science Drive. d. Lot 5 - Tierra Rejada Road from Science drive to and including the intersection at Moorpark Road. With the approval of the City Engineer, up to 1 iii inches of Paving may be emitted from this requirement pending final street acceptance. 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 VESTING TENTATIVE APPLICANT: DATE: TRACT MAP N0. 4785 C.T. FINANCIAL 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 a property. a 8. No Zoning Clearance for a building permi shall be issued for any building construction until 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 ap 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 be allowed to record in phases. 2 'Ski •.i ... .. -`= AZT• - ice.._. .. . 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 W�_J w r=. 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 -�Jj -1" , 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. APPLICANT: DATE: 4785 C.T. FINANCIAL 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. R r r: VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4785 C.T. FINANCIAL 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 powe lines. p 20. The subdivider shall submit a plan for review and approval_ " 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. 11 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. VESTING TENTATIVE APPLICANT: DATE: TRACT MAP NO. 4785 C.T. FINANCIAL 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 le ders included within the limits of the Tract as well as any -- easements that affect the Tract. 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. Priot 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 r VESTING TENTATIVE APPLICANT: DATE: TRACT MAP N0. giving proper notification to Fish and Game, Ventura County U.S. Army Corps of Engineers. 4785 C.T. FINANCIAL December 2, 1991 the California Department of Flood Control District and the 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 consi �T' I 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 bio 4785 or brae -4786. All plans for the guzzler shall be reviewed and approved by the City rior to issuance of grari ng grading plan, and his or h �n ations for phasing /staging of an ng /grading to allow animals to migrate open space or other areas off -site, be 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. 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), avi g 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. 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. ,� DEC�� ?: AN i �x t� VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4785 C.T. FINANCIAL 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 APPLICANT: DATE: TRACT MAP NO. 51. All recommendations include be implemented during construction in accordance The City Engineer shall rev the geologist's and so including, but not limited 4785 C.T. FINANCIAL December 2, 1991 d in the geotechnical project design, with the approved s iew all plans for con ils engineer's re to, the following: report shall grading, and pecific plan. formance with commendations * 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 shall be recompacted densified to a minimum paction for at least 18 STREET IMPROVEMENTS existing soils in areas of fill and soils below foundations of 90 percent of relative com- inches. 52. The 15,e - lminated . 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 proval, street improvement pla civil engineer; shall enter into complete the improvements; and guaranteeing the construction of of -way acquisition necessary improvements will be acquired expense. The Agreement shall shall be signed by all parties c the City for review an ap- zs prepared by a registered an agreement with the City to shall post sufficient surety the improvements. Any right - to complete the required by the subdivider at his be prepared by the City and if 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 { 1 • t 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: • Peach Hill att be per Plate E-4A as modMe Q D� -,i5. New Los Angeles Avenue shall be per Plate B- with median ec i re4- = ?-�, feet wide. ( 1144- -n - 7 h - - - F s ccc':tvT -Sf -81 ExYTtY7'�L the a n a r l s b `. — peep -fir" plan. 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. Eight feet of additional right -of -way shall be dedicated alorrJ Peach Hill Road to provide for a left turn storage lan the school entrance. The length of the additional ri -of -way is to be controlled by an analysis of the ex ed left turn requirements and appropriate transitions. additional eight feet of right -of -way shall be dedicat along Peach Hill Road to provide for parking on the n and east side of Peach Hill Road west of the school rance beginning just beyond a clear zone for sight distance to thirty feet from the limit of the proposed school pr6perty. These spaces are intended for the safe loading unloading of school students. The right - of -way shall a 73 feet where these additional right -of -way requirem s overlap, except in transition zones. Peach Hill Roa all be striped for a class "2" bike path on both sides r- -- ^ - - • 57. within this tract, the following streets shall b pleted with the possible exception of the top 1 -i o paving: Peach Hill Road; New Los es Avenue V�'4 (widening); and Scienc ive from New Los 7 Angeles Avenue ach Hill Road. With t proval of the City Engineer the top 1 1/2 inches of 13 : yy. 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. , q The subdivider shall pay the appropriate contribution to the �= Tierra Rejada /Moorpark Area Of Contribution fund. The actual hv' `•deposit shall be the then current rates for each of the Area of Contributions at the time Credit shall be given to the subdivider for work that e Per ost2 w' A.a.. f�i#� D-4 A—^ .tea- f-2-2 —I- shall be credited for the West parapet and si k and the West bridge shoulder and a anes in excess of two twelve foot traff' anes and one four foot bike lane (as app by the City). The subdivider shall be edited for all street improvements Wes the final center line plus one half of temporary traffic control. The subd' ' er shall be credited for one half of the 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. on the South side New Los Angeles Avenue adjacent t -the project to bring the total to three eastbou lanes. Additional right -of -way shall be dedicated to--the City as necessary to accomplish the widening. Righjttfrn storage lanes with right of way dedications shall b / provided at locations along New Los Angeles where right turns are permitted. Additional Right of Way shalom dedicated to the City as required for these decat-i-o- n lanes. New Los Angeles Avenue including the Bridge at Arroyo Simi. T e subdivider shall be reimbursed from the Los Angeles�Avenue Area Of Contribution (as funds are a-vailable) for any part of the core portion of the New 15 I, �.! cgDu,coG 0 r"' t VESTING TENTATIVE APPLICANT: DATE: 63. TRACT MAP NO. 4785 C.T. FINANCIAL December 2, 1,991 specifications and estimate for the reconstruction he Spring Road bridge at Arroyo Simi. The design sh provide for full service (including approaches) du:' a 100 year design storm. The design shall include a elve foot traffic lane with a four foot bike lane and six foot sidewalk on each side of the centerline of a bridge. An alternate design shall be provided tha ds two more twelve foot lanes (including approaches) o ne side. Right of Way dedications will be made by the ivider as necessary to accomplish the complete design us the alternate. The subdivider shall construct t ridge system and provided that it is complete and ope o traffic before any occupancy permits are granted wit ' the subject tract or within five years from the date of Me reeer-datien of the map, whieh ever t. 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 ;, y `..��.�+• irk " ;"'a�i _ 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; 10 * all catch basins on continuous grades shall carry a - 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 � Z ;.c:i • '^ 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 �� 1 70. The Calleguas water line shall be relocated as necessary to insure th not pass h any proposed residential 71. The subdivi er 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 N6. 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- W., 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. on behalf of itself and its successors, heirs, an igns agreeing to participate in the formation assessment district or other financing technique he construction of public improvements, includin not limited to, street and sewer improvements n stated by this project and other projects with' a assessment district, as approved by the City eer. The subdivider shall as the right to 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, H11 nnrt h T.. _i • t Road frnm Cnri nrt 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 roadways noted above -o -way improvements • netee beve eeet, dQ� extending within Iran 4 -�, the City shall condition the adjacent subdivi property owner, or future subdividers of Tract 478 reimburse the initial subdivider of the first lot in Tract 4785 from those costs at the time of dev ment pursuant to applicable provisions of the State ivision Map Act and /or incorporate said tracts into oorpark Road /Tierra Rejada Road or New Los Angeles nue Area of Contribution, or any successor of com tary or supplementary method comparable to the Areet of i u i nism. 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 APPLICANT: DATE: TRACT MAP NO. 4785 C.T. FINANCIAL 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 3611, 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 die) 0 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 .. .Y,k VESTING TENTATIVE TRACT MAP N0. 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 APPLICANT: DATE: TRACT MAP NO. 4785 C.T. FINANCIAL December 2, 1991 VENTURA COUN'T'Y 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 4, ' 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 f e property. 4— 8. No Zoning Clearance for a building permit shall be issued for any building construction until 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 grantin �,F� of a Zoning Clearance. Approval and recordation of th-i4 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 =4 be allowed to record in phases. 2 VESTING TENTATIVE APPLICANT: DATE: TRACT MAP NO. 4786 C.T. FINANCIAL 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 -pE 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 APPLICANT: DATE: TRACT MAP NO. 4786 C.T. FINANCIAL 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 16 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 Q� 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. 6 VESTING TENTATIVE APPLICANT: DATE: TRACT MAP NO. 4786 C.T. FINANCIAL 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. Prier te Final Map appreval, Lets 3 and 4 shall be -- eensel=da-ted --t to -one parc a l 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 N0. 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. grading plan, and his or her endations for phasing /staging of and c grading to allow animals to migrate to n space or other areas off -site, be 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. 3 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: POLLUTION CONTROL 4786 C.T. FINANCIAL December 2, 1991 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. 0 VESTING TENTATIVE APPLICANT: DATE: TRACT MAP NO. 4786 C.T. FINANCIAL 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 �46 A ;_ 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 _A. VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4786 C.T. FINANCIAL 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: S a. Peach Hill Road shall be per Plate B A b. Tierra Rejada Road shall be per Plate B -2B with in Brun qr i ane-a nrii -xn f 'Bin L96 Angeles Avenue to 756 feet south shall be --per Plate 2B with the median, mndifiarl rn he 28 feat wide and the right -of -way mock €wed— e— be -1 w;- meet- ��e -. 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 ey73 feet where these additional right -of -way requirements overlap except in transition zones. Peach Hill 4_*1A Road shall be striped for a class "2" bike path on both sides from Spring Road to Science Drive. 57. Prior to transfer ef title by sale or the lease ef a.n.-- ithin this tract, the following streets completed ith the possible exception o op 1 -inch of paving: Peach Hill w Los Angeles Avenue (widening); c.e�rive 13 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4786 C.T. FINANCIAL 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. 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 Areal of Contributions at the time of - Final Map appreva redi is hall be given to the subdivider for the —fo? -? = : -in�� -work that Q he performs;-- W-A � !tio �� a -vim-{ _ Spring Road and r-ra- Rejada shall be credited for three quarters of the ac costs of construction performed on subcontractor bid prices for the fic control devices such as signal cont er, signal posts and mast arms, detector signs. The subdivider shall be cred' for street improvements West of the S Street center line and South of the ra Rejada center line plus one half of the temporary traffic czha-33 he nredated for- ene half- (1/2) of the actua-1 eenstruetien -asst €ter the traffic cnntrnl v+ces. The j--- subdivider shal be cr d 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 and Tierra Rejada in accordance 63. The subdivider shall a±dan the intersection of Moorpark Road with the EIR. n , North side of Tierra Rejada adjacent to the project, to two westhn— lanes - pi of paved shoulder, curb and gutter, and a 12 sidewalk and landscape strip. Right turn storage right of way dedications shall be provided at all along the Tierra Rejada Road frontage where right permitted. 15 10 feet feet wide lanes with locations turns are ^ 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 - - - -- �. x a '^ VESTING TENTATIVE TRACT MAP N0. APPLICANT: DATE: 4786 C.T. FINANCIAL December 2, 1991 * all catch basins in sump locations shall carry a 50- year frequency storm; 10 * all catch basins on continuous grades shall carry a 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 r= J VESTING TENTATIVE APPLICANT: DATE: TRACT MAP NO. 4786 C.T. FINANCIAL 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 T}+o i Sri ricr cha l 1 o,rar -itc a co=-nant rii 74th the i anri _ on behalf of itself and its successors, heirs, and as ' agreeing to participate in the formation of sessment district or other financing technique fo construction of public improvements, including b limited to, street and sewer improvements nece ed by this project and other projects within assessment district, as approved by the City En r. The subdivider shall retain the right to 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, - &Pr-i41q —Roa -r -e m —' Peach Hill Readze— the —Tierra- Peach Hill Road from Spring Road to Science Drive and Science Drive from Tierra Rejada Road to Peach Hill Road 19 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 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 l roadways noted above includ i ng these roadways- � • ��} F a y cu f t. F s noted above, t! shall condition the adjacent subdivider /property o r, or future subdividers of Tract 4786 to reimbur e initial �� , subdivider of the first lot within Tract from those costs ��o. at the time of development pursu o applicable provisions of the State Subdivision Act and /or incorporate said tracts into the Moor Road /Tierra Rejada Road or New Los Angeles Avenue ea of Contribution, or any successor of compleme or supplementary method comparable to the • 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 r -^ VESTING TENTATIVE APPLICANT: DATE: TRACT MAP NO. 4786 C.T. FINANCIAL 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 y , . VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4786 C.T. FINANCIAL 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. 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. ( _ E1iiFplez- seai —v'i -- ve - tv—r�a �2ed�-- oPeaei� -Hi . 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' 611). 22 VESTING TENTATIVE TRACT MAP N0. 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. 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 r District. Prior to recordation, a Flood Control Permit is required for storm drain connections. 24