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HomeMy WebLinkAboutAGENDA REPORT 1992 0311 CC SPC ITEM 06A ITEM (v. A . _ MOORPARK o - A ^.� ` �^/ 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 •o LIQ_ kyr MEMORANDUM TO: The Honorable City Council FROM: Dirk Lovett, Asst. City Engineer / DATE: March 11, 1992 SUBJECT: CARLSBERG STAGED GRADING AGREEMENT (TENTATIVE TRACT 4785 & 4786) BACKGROUND I cAtl On November 6, 19 the City Council approved Staff to process the subject staged grading permit subject to conditions, as ap— proved by the City Manager. ANALYSIS The Applicant is proposing improvements to facilitate the development of the Moorpark Middle School ' on the future Peach Hill and Science Drives. Improvements included grading, storm drain, streets, water and other utilities on Peach Hill Dr. and Science Dr. Because the applicant requests that these improvements be allowed prior to the approval of the tentative tracts it is necessary that an improvement agreement be entered into between the ap— plicant and the City that will regulate all on and off site im— provements per City standards and conditions. Attached is a draft agreement and accompanying conditions for the subject staged improvements, as prepared by staff. RECOMMENDATION Approve and/or revise the draft agreement . Direct Staff to process the execution of this agreement. PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Counclimember Councilmember City of Moorpark Public Works Department 799 Moorpark Ave. Moorpark, California 93021 CITY OF MOORPARK IMPROVEMENT AGREEMENT This Improvement (hereinafter "Agreement"), made and entered into this _day of 19_, by and between _ hereinafter collectively referred to as "Developer" and CITY OF MOORPARK, a municipal corporation of the State of California (hereinafter referred to as "City"); WITNESSETH: WHEREAS, Developer is, or represents the owner, and has prepared a Phased Construction Plan for a portion of the Carlsberg Specific Plan Area in the City which land includes those parcels of land described in Exhibit "A" attached hereto for approval by City; and WHEREAS, as a condition precedent to the approval by City of said Phased Construction on said land , Developer is required to offer for dedication those portions of land, as described in Exhibit "A", intended for streets, highways and other public use and also to construct and install or agree to construct and install certain improvements; and WHEREAS, Developer, by said maps shown in Exhibit "A", has offered for dedication to City for public use the streets and easements shown on said maps; and WHEREAS, City desires in the future to accept the streets, easements and other portions of land shown on said map for public use, and certain other such improvements; and WHEREAS, Developer wishes to obtain an interim grading permit and as is required by Conditions of the Department of Community Development Conditions (Exhibit B), Developer and City have agreed to enter into this Agreement. WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Developer is required to enter into an Agreement with the City to construct certain improvements; and 1 WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $ ; and WHEREAS, All exhibits herein shall be recorded as part of this Agreement; and NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. CONSTRUCTION Q IMPROVEMENTS Developer, at his sole cost and expense, shall construct and install the street, drainage, domestic water, sanitary sewer, street lighting system and other improvements required to be constructed or agreed to be constructed as shown on the "Improvement Plans Numbered ", a copy of which is now on file in the office of the City Engineer of the City of Moorpark and which is referred to and incorporated herein as though set forth in full. 2. CHANGES IN PLANS OR AGREEMENT All improvements shall be constructed in accordance with the "Improvement Plans", referred to in Paragraph 1 above, and in accordance with all applicable City standards and regulations, as finally approved by the City Engineer. The parties hereto contemplate that certain corrections and revisions in said Improvement Plans may be necessary to comply with applicable City standards and regulations, as determined by the City Engineer. Developer shall complete such Improvement Plans to conform to applicable standards and regulations for approval by the City Engineer, including any corrections and revisions thereto, prior to approval of said phased improvement plan. Developer shall perform all changes or alterations in the construction and installation of such improvements to conform with plan revisions, all in accordance with the Improvement Plans as finally completed and approved by the City Engineer. This Agreement Constitutes the entire Agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be an amendment, signed and acknowledged by both of the parties hereto. 2 3. SURETY BONDS Prior to the commencement of any work the subdivider shall furnish to City valid and sufficient bonds executed by a corporation authorized to transact business in the State of California on forms approved by City for said "Improvement Plans". One bond shall be in the sum of 100% of the estimated cost of improvements and shall assure the faithful performance of this Agreement for drawings No._ . The other bond shall be in the same sum (100% of estimated cost of improvements) and shall assure payment of the cost of the labor and materials for the improvements required to be constructed or installed and shown hereby as drawings No. . Should the sureties become insufficient, in the opinion of the City, Developer agrees to renew said bond with sufficient sureties within ten (10) days after receiving demand from the City. Each bond shall be renewed on a yearly basis and shall be increased an amount equivalent to the Consumer Price Index for the previous twelve month period. All Conditions of Phased Grading and Improvement Construction (Exhibit B). shall be met prior to surety bond release for the improvements referenced in Exhibit A. All premiums and costs related to maintenance of the improvement bonds for the period dictated by this Agreement shall be the responsibility of the Developer. 4. TIME FOR COMMENCEMENT AND COMPLETION Developer shall complete such construction within 18 months from the City Councils approval of this Agreement or by provided, however, that in the event good cause is shown, the City Council may extend the time for completion of the improvements upon notification, in writing, from the developer. Said notification must be 30 days prior to the completion deadline for this Agreement. Any such extension may be granted without notice to the Developer's sureties and an extension so granted shall not relieve the sureties' liability on the bond to secure the faithful performance of this Agreement. The Developer shall be responsible for notifying the surety of any extensions and shall also bear all costs relating to any surety bond extensions. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. Any extensions shall not affect the validity or terms of this Agreement. 5. FINAL INSPECTION AND ACCEPTANCE OF IMPROVEMENTS The City Engineer or his duly authorized representative, upon written request of Developer, shall inspect the improvements herein agreed to be constructed and installed by Developer, and, if determined to be constructed in accordance with the applicable City standards and the Improvement Plans, shall recommend the acceptance of such improvements by the City. 3 • 6. MAINTENANCE QE IMPROVEMENT Developer shall maintain all public improvements provided for in this Agreement and which may be further provided for on the improvement plan or conditions of approval thereof (Exhibit B), until such time as all work within the subdivision has been inspected and their related bonds released, or the term of twenty years expires, whichever shall first occur. The bond provisions of this Agreement and the City's right to perform in accordance with Paragraph 17 hereof, are specifically applicable to this section. 7. GUARANTEEQE IMPROVEMENTS Developer shall guarantee such improvements for a period of one year following completion by Developer, acceptance by City, and termination of Developer's maintenance, as provided for in Paragraph 6 above, against any defective work or labor done, or defective materials furnished in the performance of this Agreement by Developer. In the event any such improvements are determined to be defective within the time provided herein, Developer shall without delay and without any cost to City repair or replace or reconstruct any such defective work or material or both. Should Developer fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary repairs or replacements or perform the necessary work. Developer shall pay to City the actual cost of such repairs, plus 15%. 8. TITLE IQ IMPROVEMENTS Title to, and ownership of, all improvements constructed hereunder by Developer shall vest absolutely in City, upon completion and acceptance of such improvements by City. Subdivider shall also complete and file with the City, as part of this Agreement, a Subordination Agreement (Exhibit C) in favor of the City for all publicly dedicated interests. The City shall be notified, in writing, of any change in ownership of the portion of land referenced herein as a portion of the property described in Exhibit "A" within 14 days prior to the sale or transfer of said property. 9. Qs BUILT DRAWINGS Developer shall keep accurate records on a set of project blue lined prints of all additions and deletions to the work, and of all changes in location, elevation and character of the work not otherwise shown or noted on the 4 • Improvement Plans. Prior to City's field acceptance of the work, Developer shall transfer this information to a final set of "as builts" and deliver them to the City Engineer for approval and retention. 10. UTILITY ARRANGEMENTS Developer shall file with the City Engineer, prior to commencement of any work to be performed pursuant to this Agreement, a written statement signed by Developer and each public utility serving the subdivision, stating that Developer has made all arrangements required and necessary to provide the public utility service to the phase within the subdivision. For purposes of this paragraph, the term "public utility" shall include, but is not necessarily limited to, a company providing natural gas, water, sewer, electricity, telephone, or cable television service. 11. AGREEMENT OBLIGATIONS COSTS AND ATTORNEY FEES In the event that Developer fails to perform any obligation hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including cost of suit and attorney's fees. The City's failure to perform its obligations under this agreement shall not constitute a default under this Agreement if the nonperformance is the result of a court order. Developers obligations under this Agreement shall be abated during the period of such court order. The position taken by City in any litigation brought by or against City by a third party shall not constitute a default under this Agreement, irrespective of the fact that City's position may be adverse to Develope's rights under this Agreement. This Agreement is made, entered into, and executed in Ventura County, California, and any court action arising from this Agreement shall be filed in the applicable court in Ventura County, California. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement ore caused it to be prepared. 12. BINDING QN SUCCESSORS IN INTEREST All provisions of this Agreement shall be binding on the parties and their executors, administrators, assigns and successors in interest. 6 • 13. DEVELOPER NOT AGENT OF CITY Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. 14. DEFEND. INDEMNIFY AND HOLD HARMLESS AGREEMENT Developer hereby agrees to, and shall defend, indemnify and hold harmless the City, its elective and appointive boards, commissions, officers, agents, and employees, from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from the operations of the Developer or Developer's contractors, subcontractors, agents or employees under this Agreement, whether such operations be by Developer or by any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Developer or any of Developer's contractors or subcontractors. Developer agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided, however: a. That City does not, and shall not, waive any rights against Developer which it may have by reason of Paragraph 14 of this Agreement because of the acceptance by City or the deposit with City by Developer of any of the insurance policies described in Paragraph 14 hereof. b. That Paragraph 14 of this Agreement shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of plans and/or specifications for the phased improvements, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 15. SUBDIVIDER'S INSURANCE Developer shall not commence work under this Agreement until Developer shall have obtained the following insurance and the coverage and certificate thereof shall have been approved by the City as to form, amount and carrier. 6 • a. Contractual liability insurance for liability assumed by Developer pursuant to this Agreement with City. The minimum limits of liability for this insurance shall be indicated as follows: Insurance Certificates reflecting coverages as follows: 1 . General (Public) Liability not less than the following amounts: $1 ,000,000 bodily injury, including wrongful death, each person; $5,000,000 bodily injury - aggregate; $ 500,000 property damage - each occurrence; $1 ,000,000 property damage - aggregate; 2. Auto (Comprehensive) Liability not less than the following amounts: $1 ,000,000 bodily injury, including wrongful death, - each persons; $5,000,000 bodily injury - aggregate; $ 200,000 property damage - occurrence; $5,000,000 property damage - aggregate; 3. Worker's Compensation Insurance: b. An additional insured endorsement to the Developer's liability insurance policy naming the City, its officers and employees, as additional insureds. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Developer for liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law. Developer shall also concurrently furnish the City satisfactory evidence that each carrier will notify City in writing, at least 30 days prior to any cancellation or coverage reduction during the term of this Agreement. 16. NO ASSIGNMENT WITHOUT CONSENT Developer shall not have the right to assign or transfer this Agreement, or any part hereof, without the prior written consent of City. 7 • 17. NOTICE CNE BREACH AND DEFAULT City may serve written notice upon Developer and Developer's surety of any breach of any portion of this Agreement and the default of Developer if any of the following occur: Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time; the Developer is adjudged a bankrupt; Developer makes a general assignment for the benefit of Developer's creditors; a receiver is appointed in the event of Developer's insolvency; or Developer, or any of Developer's contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement. 18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY In the event of any such notice as specified in Paragraph 17, Developer's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within five days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within twenty days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without any liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefore. The rights of City provided in this paragraph are in addition to and cumulative to any and all other rights of City as provided by law and any election by City to proceed pursuant to the provisions of paragraphs 17 or 18 hereof shall not be construed as being in lieu of any other such rights provided by law. 19. EFFECT QE WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 8 20. NOTICES Unless otherwise provided, all notices or other documents herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk, City of Moorpark, 799 Moorpark Ave., Moorpark, California 93021 . Notices required to be given to Developer shall be addressed as follows: Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 21 . At all times until acceptance by City of said improvements as herein defined, Developer will take such precautions as may be necessary to protect the public at all times from any construction or situation caused by the construction of said improvements. Developer shall have control of the ground reserved for the installation of such improvements and the streets in which they are to be placed as is necessary to carry out this Agreement. Developer will pay for such permits and inspection of said improvements prior to the commencement of any work or as may be required by the City. 22. Developer agrees to make payments to the consulting soils engineer hired by the City for said development. Developer agrees that no final inspection will be made by the Office of the City Engineer until City receives written notice from the consulting soils engineer that all payments have been made. 23 Developer hereby warrants that the plans and specifications referred to herein are in accordance with the standards adopted by the City. Developer further warrants that said plans and specifications are adequate to accomplish the improvement work covered by this Agreement and are in accordance with accepted construction practices approved by the City. Should said plans and specifications referred to herein at any time prior to final acceptance by the City prove to be inadequate to the City in any respect, then the Developer does agree to make such changes as are necessary to accomplish said work in a manner established in accordance with City design standards and accepted construction practices. 9 IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF MOORPARK Paul Lawrason, Mayor City of Moorpark, California ATTEST: Lillian Kellerman, City Clerk SIMI MOORPARK PROPERTIES, LTD. 2800 28th St., Suite 222 Santa Monica, CA 90405 C.T. FINANCIAL, a general partner of SIMI MOORPARK PROPERTIES, LTD. By President/Vice President By Secretary/Vice Secretary APPROVED AS TO FORM: Cheryl Kane, City Attorney 10 Instructions: If the Developer is a corporation, the Agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the Corporate Seal affixed. If the Developer is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must also be signed. *In all cases, the signature on behalf of the Developer must be notarized.. co:Crlsbrgdevl cc:Dirk Lovett 1 /21 /92 GRADING OF A PORTION OF THE CARLSBERG SPECIFIC PLAN AREA INCLUDING A PORTION OF SCIENCE DRIVE CONDITIONS OF GRADING PERMIT ISSUANCE DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. All applicable requirements of any law or agency of the State, County of Ventura, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this permit. 2. No condition of this permit 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. 3. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 4. The permit holder shall defend, indemnify and hold harmless the City and ite 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 improvements, 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 developer 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 developer shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The developer shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the City. 5. The Applicant shall pay all outstanding costs related to the Carlsberg Specific Plan site including but not limited to the costs for preparation of the Specific Plan and the EIR. • PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL HE SATISFIED: 6. The Applicant shall enter into an improvement agreement with the City. The agreement shall be prepared by the City and shall be signed by all parties. The City's cost for preparation of the agreement shall be borne by the applicant. 7. The Applicant shall submit to the City for review a current title report which clearly identifies all parties that have an interest in the property including any easements that affect the site. 8. If the Applicant is not the sole owner of the project property then the Applicant shall provide to the City a Power of Attorney which gives the Applicant authority to comply with all conditions stipulated herein. 9. The Applicant shall make an irrevocable offer of dedication of all street right of ways along Peach Hill Road and Science Drive within the limits of this grading project. 10. The Applicant 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. 11. The grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 12. A complete landscape plan (2 sets), together with specifications and a maintenance program 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 shall be submitted to the Director of Community Development for approval. The landscaping Plan shall also include the plans for both temporary and permanent landscaping and all improved proposed public right of way. 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. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as pampas grass, Spanish broom, and tamarisk shall not be used. Note: The landscape plans shall be approved by the Director of Community Development prior to the issuance of a grading permit. 2 a. The applicant shall agree to provide the necessary maintenance easements to the City for those areas designated with permanent landscaping 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 created by the City. The applicant shall record a covenant to this effect. 13. 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 permanent landscaping. The applicant shall replace any dead plants and make the necessary repairs to irrigation system consistent with the approved landscape plan. CITY ENGINEERING CONDITIONS STREET IMPROVEMENTS 14. Street improvements for Peach Hill Road shall include full width pavement plus curbs, gutters, and sidewalks. 15. Street improvements for Science Drive shall include full width pavement for the west half of the proposed Science Drive, plus curb and gutter and gutter and sidewalk on the west side and curb and gutter at the median. 16. There shall be no median break along Science Drive except at the intersection with Peach Hill Road. An paved interim cul-de-sac shall be constructed at the intersection of Peach Hill Road and Science Drive to provide for Peach Hill Road U- turn traffic. 17. Street lighting shall be provided on Peach Hill Road and Science Drive, per plans approved by the City Engineer. 18. Applicant shall complete the sidewalk along the North side of Peach Hill Drive, including the incomplete section West of the school site all the way to Science Drive. 19. Applicant shall provide to the City easements over all proposed roadway locations and access easements over paved streets. As permitted by vehicle code setion 21107. 7 the applicant shall also, at his expense, make application to the City to allow enforcement of appropriate vehicle codes on Science Dr. and Peach Hill Rd. until such time as these are accepted by the City. 3 • • OTHER 20. The applicant 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. 21. The minimum right-of-way for Peach Hill Road shall be 69 feet from Science Drive to the proposed School access. A minimum right-of-way of 53 feet shall apply northerly and westerly of the proposed School access to the property limit. All plans shall be consistent with the attached Peach Hill Road exhibit approved by the City Council on February 5, 1992. Additional right-of-way shall be dedicated as needed along Peach Hill Road to provide for a left turn storage lane at the school entrance. The length of the left turn storage lane is to be controlled by an analysis of the expected left turn requirements and appropriate transitions as approved by the City Engineer. A parking lane shall be provided on Peach Hill Road on the north side of Peach Hill Road east of the school entrance beginning just beyond a clear zone for sight distance to a point near the beginning of the left turn storage lane for Peach Hill Road at Science Drive. Peach Hill Road shall be striped for a class "2" bike path on both sides from Spring Road to Science Drive. Unless street widening and right of way dedications are provided west of the school property, the striping of Peach Hill shall be modified so as to eliminate the left turn lane at the Catholic Church. The Applicant shall submit a revised striping plan for Peach Hill Road, to be approved by the City Engineer. Old striping shall be eliminated by sand blasting or as approved by the City Engineer. PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GRADING 22. The applicant shall submit to the City for review and ap- proval, a grading plan, generally consistent with tentative maps 4785 and 4786, as prepared by Ramseyer Associates and dated April 18, 1991; and shall post sufficient surety guaranteeing completion. 23. 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. 4 24. All import/export operation must have prior approval of the City Council. 25. 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 as approved by the City. 26. Prior to issuance of grading permits, the City, the applicant and Water District No. 1 shall agree on a site for water storage and related access road. The grading for the tank site and related access road is not covered by this permit. 27. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification and receiving required approvals from the California Department of Fish and Game, Ventura County Flood Control District and the U. S. Army Corp of Engineers. 28. In the event grading activities should take place in the area where Catalina mariposa lily and the chocolate lily 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 Director of Community Development. 29. A tree survey and mitigation program shall be reviewed and approved by the Director of Community Development for the entire project area. The study shall be prepared by a State of California registered arborist acceptable to the City and include mitigation measures 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. 30. 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. 31. Applicant may extend the grading of Science Drive to both Los Angeles Avenue and Tierra Rejada Road. If the grading extends to Tierra Rejada Road, the Applicant shall submit two alternate plans describing the connection between Science Drive and Tierra Rejada Road. One alternate shall be based on the existing alignment of Tierra Rejada Road and the other shall be based on the proposed alignment. 5 • 32. Temporary irrigation, hydroseeding and erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading per the approved landscape plan required by condition 12 and per standard engineering practice. POLLUTION CONTROL 33. During clearing, grading, earth moving or excavation opera- tions, fugitive dust emissions shall be controlled by regular watering. If feasible, tertiary treated water shall be used. If water from Arroyo Simi is to be used, permission must be obtained from County Flood Control. Paving of construction roads and other dust prevention measures may be required. The applicant shall submit a fugitive dust control plan, acceptable to the City, concurrently with submittal of the mass grading plan. 34. During the usual smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, to lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II. 35. 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. (The sidewalk on Science Drive will be deferred until such time as the City determines the preferred ultimate location. Depending on the location of sidewalk the applicant shall be obligated to install a slough wall per condition No. 42 or a wrought iron fence or other approved material as a protection barrier to any downslope as determined by the City Engineer. 36. The applicant shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 37. 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 6 daily, preferably in the late morning and after work is done for the day. b. All material excavation or grading shall be watered to prevent fugitive dust. c. If approved by the City Council all trucks importing or exporting soil to or from the project 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. e. All unimproved areas with vehicle traffic shall be watered per the on-site City inspector and vehicle speeds shall be limited to 15 mph. f. Streets adjacent to the area being graded shall be swept as determined by the City but in no event less than weekly on Friday afternoon to remove silt which may have accumulated from construction activities. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. GEOTECHNICAL 38. The applicant 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 guidelines available from the office of the City Engineer and shall include a geotechnical investigation with regard to liquefaction, expansive soils, and 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. In addition to standard grading plan check fees, the applicant shall reimburse the City for all costs related to the geotechnical consultant, including the City's administrative costs. 39. All recommendations included in the geotechnical report as approved by the City's geotechnical consultants 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: 7 + 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. w 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. STORM RUN-OFF 40. 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 : • 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; + 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. + Drainage for each phase shall be designed and installed with all necessary appurtenances to safely contain and 8 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 lots, both storm drain and easement outside right-of-way to be maintained by the property owner 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. • No drains shall outlet onto the surface of Peach Hill Drive. 41. 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. Either on-site retention basins or storm water acceptance deeds from off-site property owners must be specified. 42. 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 materials shall be approved by the Director of Community Development. FAITHFUL PERFORMANCE SECURITIES 43. The applicant shall post sufficient surety guaranteeing completion of all improvements ( including grading, storm drain improvements, landscaping, fencing, streets) or which require removal ( i. e. , temporary drainage, temporary debris basin, etc. ) in a form acceptable to the City. The surety shall remain in place for one year after acceptance of the City. The surety shall be in the amount of 150% of the estimated cost of the work and shall include faithful performance, labor and materials. 9 DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 44. That prior to any work being conducted within the City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. 45. If any hazardous material is encountered during the construc- tion 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. 46. 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. Work may be performed on Saturdays between the hours of 9:00 a. m. to 7:00 p. m. if approved by the City Engineer. No job site activity shall occur before or after these hours and not at all on Sundays or holidays. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36", they must be resubmitted as "as 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 and before final acceptance. 48. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 10