HomeMy WebLinkAboutAGENDA REPORT 1991 0515 CC REG ITEM 08L, '&· ITEM £
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
MEMORANDUM
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TO:
FROM:
The Honorable City Council
Patrick J. Richards, Director of Cononunity
May 2, 1991 (CC Meeting of 5-15-91)
Developmen~
DATE:
SUBJECT: RESOLUTION OF APPROVAL AND REVISED CONDITIONS FOR
TENTATIVE TRACT MAP NO. 4652
Discussion
At the City Council's meeting of May 1, 1991, the Council voted to
direct staff to make revisions to Conditions Nos. 87, 101, and 133,
and to add a condition (No. 134) requiring the applicant to provide
for government agency and public access over private roads in Tract
No. 4652 in the event of an emergency. The Council also directed
staff to prepare a resolution of approval for the project and to
prepare a resolution clarifying the Rural Exclusive (RE) and Rural
Exclusive 5 Acre (RE-5 Acre) zone districts on the project site.
Draft resolutions and revised conditions of approval are attached.
Recommendation
1. Adopt the attached resolution clarifying the RE and RE-5 Acre
zone districts on the project site.
2. Adopt the attached resolution conditionally approving
Tentative Tract Map No. 4652.
Attachments:
Draft Resolution clarifying zone districts
Draft Resolution of approval
Revised Conditions of Approval
Mitigation Monitoring Program
PJR/DST
PAUL W. LAWRASON JR.
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
SCOTT MONTGOMERY
Councilmember
ROY E. TALLEY JR.
Councilmember
JOHN E. WOZNIAK
Councilmember
RESOLUTION NO. 91-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, CLARIFYING THE ZONE
DISTRICT BOUNDARY BETWEEN THE RURAL EXCLUSIVE
AND RURAL EXCLUSIVE FIVE ACRE ZONES ON A 35.8
ACRE PROJECT SITE FOR WHICH THE CITY OF
MOORPARK HAS RECEIVED APPLICATION FOR
TENTATIVE TRACT MAP NO. 4652
WHEREAS, at duly noticed public hearings on April 3 and May 1,
1991, the City Council considered the application filed by Abe Guny
requesting approval of Tentative Tract Map No. 4652 to allow the
subdivision of a 35. 8-acre property into 18 single-family lots
zoned Rural Exclusive (RE) and one remainder parcel zoned RE-5
Acre, on a project site located west of Walnut Canyon Road (State
Highway 23) and just north of Casey Road (Assessor Parcel Nos. 511-
110-035,. 511-020-025, and 511-020-035); and
WHEREAS, the Planning Commission considered said Tentative Map
application at duly noticed public hearings on February 19 and
March 4, 1991; and
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WHEREAS, the applicant requested that the City Council clarify
the exact boundary between the Rural Exclusive (RE) and RE-5 Acre (:·
Zones on the subject project site; and
WHEREAS, the City Council, after review and consideration of
the information contained in the staff reports dated February 12,
Febru{:lry 15, February 22, March 28, and April 19, 1991 for
Tentative Tract Map No. 4652, has determined that since the zoning
boundary between the RE and RE-5 Acre Zone Districts on the project
site is not precisely known due to the lack of a legal description,
specific topographic separation, or property line separation on
which to base the zone district boundary; and since the proposed
northerly right-of-way line of "D" Street and northerly property
line of Lot 18 of Tentative Tract Map No. 4652 appear to be
consistent with the approximate zone district boundary shown on the
City's Zoning Map;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby determines that the zone
district boundary between the RE and RE-5 Acre Zones on the subject
property lies along the northerly boundary of "D" Street and Lot 18
as depicted on Tentative Tract Map No. 4652.
SECTION 2. The City Council hereby finds that the zone
district boundary, as described in Section 1, is consistent with
the City's General Plan. ' ' '
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Resolution No. 91-
Page 2
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SECTION 3. The City Council hereby directs that the City
Zoning Map be corrected to show the zone district boundary between
the RE and RE-5 Acre Zones, as described in Section 1, above.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF May, 1991.
Mayor of the City of Moorpark, California
ATTEST:
City Clerk
Exhibit: Map showing corrected zone district boundary
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RESOLUTION NO. 91-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP NO. 4652 ON THE APPLICATION OF ABE
GUNY
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WHEREAS, at duly noticed public hearings on April 3 ·a~d May 1,
1991, the City Council considered the application filed by Abe Guny
requesting approval of Tentative Tract Map No. 4652 to allow the
subdivision of a 35. 8-acre property into 18 single-family lots
zoned Rural Exclusive (RE) and one remainder parcel zoned RE-5
Acre, on a project site located west of Walnut Canyon Road (State
Highway 23) and just north of Casey Road (Assessor Parcel Nos. 511-
110-035, 511-020-025, and 511-020-035); and
WHEREAS, the Planning Commission considered said Tentative Map
application at duly noticed public hearings on February 19 and
March 4, 1991; and
WHEREAS, the City Council, after review and consideration of
the information contained in the staff reports dated February 12,
February 15, February 22, March 28, and April 19, 1991, and the
Mitigated Negative Declaration and Mitigation Monitoring Program,
has found that the subject project will not have a significant
effect on the environment; and
WHEREAS, at its meetings of April 3 and May 1, 1991, the City
Council opened the public hearing, took testimony from all those
wishing to testify, and then closed the public hearing and reached
its decision on the matter on May 1, 1991;
NOW, THEREFORE, THE CITY COUNCIL 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 City
Council of the City of Moorpark hereby approves the Mitigated
Negative Declaration and the Mitigation Monitoring Program.
SECTION 2. The City Council hereby adopts the findings
contained in the staff report dated February 12, 1991, and said
findings are incorporated herein by reference as though fully set
forth.
SECTION 3. The City Council hereby conditionally approves
Tentative Tract Map No. 4652 subject to compliance with all of the
conditions attached hereto as Exhibit 1 and the Mitigation
Monitoring Program attached hereto as Exhibit 2.
Resolution No. 91-
Page 2
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF May, 1991.
s -
Mayor of the City of Moorpark, California
ATTEST:
City Clerk
Exhibits:
Exhibit 1:
Exhibit 2:
Conditions of Approval
Mitigation Monitoring Program
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 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 property owner 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 an any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
4. The developer's recordation of this Map and/or commencement of
construction as a result of this Map shall be deemed to be
acceptance of all conditions of this Map by the applicant.
5. 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.
6. 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.
7. The applicant agrees as a condition of approval of the
tentative and final subdivision maps to defend at his sole
expense any action brought against the City because of
approval or renewal of this subdivision. Applicant shall
reimburse the City of any court costs and/or attorney's fees
which the City may be required by a court to pay as a result
of any such action. The City, may, at its sole discretion,
participate in the defense of any such action, but such
participation shall not relieve applicant of his obligations
under this condition.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
8. The development shall be subject to all applicable regulations
of the zone designations for the property -Rural Exclusive
(RE) and RE-5 Acre.
9. No Zoning Clearance 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.
10. The 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.
PRIOR TO GRADING PERMIT APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
11. The developer shall submit grading plans to the Director of
Community Development for approval to ensure compliance with
the Mitigation Monitoring Program. The grading plans shall
include the areas designated for residential development on
each lot.
12. In order to reduce the visual impact of manufactured slopes,
the top and 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.
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 shall be
submitted to the Director of Community Development for review
and approval prior to grading permit approval. The landscape
plan shall include planting and irrigation specifications for
manufactured slopes over 3 feet in height, and all common
areas proposed to be maintained by the Homeowners '
Association. The purpose of the landscaping shall be to
control erosion, prevent aesthetic impacts to adjacent
property owners, mitigate the visual impacts of all
manufactured slopes 3 feet or more in height, and to replace
mature trees lost as a result of construction. All plant
species utilized shall.Pe drought tolerant.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
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The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation system,
and of final landscape inspection.
14. The applicant shall submit a plan for review and approval of
the Director of Community Development which identifies how
compliance with the utilities undergrounding requirement
(Condition No. 16) will be met.
15. Within two days after City Council adoption of a resolution
approving Tentative Tract Map 4652, the applicant shall submit
to the City of Moorpark a check for $1,275, payable to the
County of Ventura, to comply with Assembly Bill 3158.
Pursuant to Public Resources Code section 21089(b) and Fish
and Game Code section 711.4(c), the project is not operative,
vested or final until the filing fees are paid.
16. No grading permit for Tract 4652 may be issued unless there
has been an award of residential development management system
allotments for the project. When the award is for less than
the entire project, grading beyond the immediate area of the
lots for which the applicant proposes to utilize the
allotments shall only be allowed in accordance with the
following:
a. The developer executes, in a form approved by the City
Attorney, a waiver of any claim of a vested right to be
exempt from Measure Fas a result of grading beyond the
area for which the allotments have been awarded and an
acknowledgment that the developer assumes any risks that
may result from commencement of grading prior to the
award of allotments for the entire project; and
b. The applicant has been awarded allotments for at least 15
percent of the number of non-exempt residential dwelling
units, in which event the grading may be carried out for
the entire project.
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
17. Prior to final map approval, the developer of Tract 4652 shall
obtain residential development management system allotments
for all residential lots, excluding the remainder parcel.
18. All proposed utilities shall be undergrounded to the nearest
off-site utility pole. All existing utilities shall also be
undergrounded to the nearest off-site utility pole with the
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
exception of 67 KV or larger power lines. This requirement
for undergrounding includes all above-ground power poles on
the project site as well as those along the frontage of the
site in the Walnut Canyon Road or Casey Road right-of-way.
The undergrounding of utilities must be accomplished prior to
final map approval.
19. 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 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 sewer service.
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20. The subdivider shall obtain a "District Release" from the ( .•
Calleguas Municipal Water District and Waterwork's District
No. 1. Applicant shall be required to comply with Ventura
County Waterwork' s Rules and Regulations, including payment of
all applicable fees.
21. 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.
22. The applicant shall pay Quimby (park and recreation) Fees
consistent with City Ordinance No. 6.
23. Covenants, Conditions, and Restrictions (CC&R's) establishing
a Homeowners' Association for the proposed subdivision shall
be prepared and shall identify the maintenance
responsibilities of the Homeowners' Association including, but
not limited to, the following:
Maintenance of all streets and common-shared driveways,
all storm drains, channels, flowage easements, detention
basins, any landscaped entry areas, and any slope
directly affecting drainage or street facilities,
(collectively "Maintenance Areas"). Should the
Homeowner's Association fail to maintain the Maintenance
Areas, or any portion thereof, in a satisfactory manner,
the Maintenance ~eas, or portion thereof, shall be
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
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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 4652. Prior to approval of the Final Map,
an easement covering the Maintenance Areas shall be
irrevocably offered to the City for maintenance purposes.
24. 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. 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.
25. The applicant shall be required to pay all costs associated
with City Attorney review of the project CC&R's prior to final
map approval.
26. The Homeowners' Association may modify the CC&R's only to the
extent that they do not conflict with the terms of approval of
the Tentative Map. Further, the Homeowners' Association shall
enforce the CC&R's.
27. 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.
28. The CC&R's shall include a requirement that ultra-low water
consumption plumbing fixtures shall be installed consistent
with City Ordinance No. 132. The CC&R's shall also include a
requirement for the following energy saving devices:
a. Stoves, ovens, and ranges, when gas fueled, shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space heating
source shall have night setback features.
c. Kitchen ventilation system shall have automatic dampers
to ensure closure when not in use.
29. A fencing plan identifying the materials to be used and
proposed location of all fences or walls shall be submitted to
and approved by the Director of Community Development prior to
final map approval. The approved fencing plan shall be
incorporated into the CC&R's. All fencing along lot
boundaries shall be i~_place prior to occupancy of the first
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
unit. The applicant shall
perimeter block wall along the
and 3) prior to certification
the tract.
be required to construct a
Casey Road frontage (Lots 1, 2,
of any of the building pads in
30. The CC&R's shall include language requiring that no
structures, walls, or fences shall be erected which impede or
restrict sheet flow of drainage between lots.
31. If a sewer system lift station is determined necessary by
Waterworks District 1, the CC&R' s shall include language
requiring that the Homeowners' Association shall accept
maintenance responsibility.
32. The CC&R's shall include language prohibiting use of wood or
asphalt shingles as roofing materials for residential
structures.
33. A bus turn-out shall be provided on the north side of Casey
Road, within the project limits. The design of this turn-out
shall be approved by the City Engineer and Community
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Development Director prior to grading permit approval. Prior (-.-~
to final map approval, the applicant shall enter into an
agreement with the City to complete the improvements, and
shall post sufficient surety guaranteeing the construction of
the improvements.
PRIOR TO APPROVAL OF GRADING AND CERTIFICATION OF BUILDING PADS,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
34. All tree replacement, common area landscaping, and erosion
control landscaping shall be installed and receive final
inspection.
35. Temporary irrigation shall be provided for all permanent·
landscaping (tree replacement, common area landscaping, and
erosion control landscaping) for a minimum of two years from
the date of installation of the landscaping. The applicant
shall be responsible for maintaining any irrigation system and
all landscaping until such time as the Homeowners' Association
accepts responsibility for common area landscaping, or an
individual property owner accepts responsibility at the time
of approval of occupancy. Prior to Homeowners' Association or
property owner's acceptance of responsibility for the
permanent landscaping, the applicant shall replace any dead
plants and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
subdivision.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
36. The access roads shall be certified by a registered Civil
Engineer as having an all weather surface, in conformance with
City road standards. This certification shall be submitted to
the Ventura County Fire Protection District, Fire Prevention
Section prior to occupancy.
37. Access roads shall be installed with an all weather surface,
suitable· for access by fire department apparatus. A minimum
clear street width of 36 feet shall be provided.
38. Prior to occupancy approval, an access roadway/driveway with
an all weather surface shall be extended to within 150 feet of
all portions of the exterior walls of the first story of any
building.
39. A private driveway, serving up to two structures, shall be
constructed a minimum of 15 feet wide. A private driveway,
serving more than two structures, shall be a minimum of 20
feet wide. All driveways shall be able to support a 20 ton
fire fighting vehicle.
40. Approved turn around areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
41. A dead-end road or driveway shall not exceed 800 feet in
length.
42. Access roads shall not exceed 15 percent grade.
43. All drives shall have a minimum vertical clearance of 13 feet,
6 inches.
44. Any gates to control vehicle access into the development are
to be located so as to allow a vehicle waiting for entrance to
be completely off the public roadway. The method of gate
control shall be subject to review and approval by the
Director of Community Development and the Bureau of Fire
Prevention. A minimum clear open width of 15 feet in each
direction shall be provided. If gates are to be locked, a
Knox System shall be installed. Prior to Pinal Map approval,
gate plan details would need to be submitted to the Director
of Community Development and to the Bureau of Fire Prevention
for approval.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
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45. Prior to recordation of street names, proposed names shall be
submitted to the Fire Department-Communication Center for
review. All street names shall be approved by the City
Council after review by the Fire Department.
46. Street signs shall be installed prior to occupancy approval.
4 7. A minimum fire flow of 1,000 gallons per minute shall be
provided at the project site.
48. Prior to final map approval, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for fire
hydrants location approval. Existing hydrants within 500 feet
of the development shall be shown on the plan.
49. Prior to final map approval, the applicant shall bond for fire
hydrant installation. Prior to certification of any building
pads, fire hydrants shall be installed and in service and
shall conform to the minimum standards of the Moorpark Water
Works Manual. Hydrants shall conform to the fallowing
requirements:
a. Each hydrant shall be a 6-inch wet barrel design and (-_
shall have one 4-inch and one 2 1/2-inch outlet.
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
c. Fire hydrants shall be spaced 500 feet on center, and so
located that no structure will be farther than 250 feet
from any one hydrant.
d. Fire hydrants shall be 24 inches on center, recessed in
from the curb face.
50. If the project is phased, the phasing shall be done in a
manner to provide two acceptable points of access to the
active portions of the development. Such access shall be
provided prior to combustible construction.
51. Secondary access to Walnut Canyon Road shall be a legal right-
of-way for the proposed project. Streets shall be deeded
prior to final map approval.
52. Address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 150 feet from the street,
larger numbers will be required so that they are
distinguishable from the street. In the event the
structure(s) is(are) not visible from the street, the address
number(s) shall be po~ted adjacent to the driveway entrance.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
53. Any structure greater than 5,000 square feet in area shall be
provided with an automatic fire sprinkler system.
54. Any structures proposed to be constructed within a high fire
hazard area shall meet hazardous fire area building code
requirements.
55. All grass or brush exposing any structure(s) shall be cleared
for a distance of 100 feet prior to framing.
56. The CC&R's shall include a requirement that an Underwriters
Laboratory (UL) approved spark arrestor shall be installed on
all chimneys.
57. All project streets, including the secondary access road,
shall be completed prior to construction of any residential
structures.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
58. The applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations".
VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT
PRIOR TO GRADING PERMIT APPROVAL, THE FOLLOWING CONDITION SHALL BE
SATISFIED:
59. The Final Drainage Study shall be reviewed and approved by the
County of Ventura Flood Control and Water Resources
Department.
60. A Flood Control Permit is required for any construction work
within Ventura County Flood Control District right-of-way.
MOORPARK POLICE DEPARTMENT
THE FOLLOWING CONDITIONS SHALL BE APPLICABLE FOR ALL PROJECT
CONSTRUCTION AND SHALL BE INCLUDED IN THE PROJECT CC&R'S:
61. A licensed security guard is required during the construction
phase, or a 6-foot high chain fence shall be erected around
the construction site.
62. Construction equipment, tools, etc., shall be properly secured
during non-working hou~s.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
63. Addresses shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color.
64. Address numbers shall be a minimum of 6 inches in height and
illuminated during the hours of darkness.
65. All exterior doors shall be constructed of solid wood core a
minimum of 1 and 3/ 4-inches thick. Front glass door ( s)
commonly used for entry are acceptable but should be visible
to the street.
66. Doors utilizing a cylinder lock shall have a minimum five (5)
pin twnbler operation with the locking bar or bolt extending
into the receiving guide a minimum of 1 inch.
67. All residential sliding glass doors or windows shall be
equipped with metal guide tracks at the top and bottom and be
constructed so that the window cannot be lifted from the track
when in the closed or locked position.
68. Every residential unit in the tract shall have locks using
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combinations which are interchange free from locks used in all (
other separate dwellings, proprietorships, or similar distinct .
occupancies.
ENVIRONMENTAL MITIGATION CONDITIONS (Some of the following
mitigation conditions are duplicates of other conditions for this
project, but are listed below to clarify all required mitigation
measures.)
69. In cases where a mitigation condition conflicts with another
condition of approval, the stricter condition shall apply.
Geotechnical/Gradinq Mitigation:
70. Prior to final map approval, the applicant shall submit to the
City 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 or
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
City Engineer.
71. Prior to grading permit approval, the applicant shall submit
to the city for review and approval, a detailed soils and
geotechnical report prepared by both a civil engineer and a
geotechnical engineer ~egistered with the State of California.
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
16
That report shall include a geotechnical investigation with
regard to liquefaction, landslides, slope stability, expansive
soils, and seismic safety. The grading plan shall incorporate
the recommendations of the approved soils and geotechnical
report for all infrastructure as well as all individual lots.
72. Prior to grading permit approval, review of the soils and
geotechnical report by the City's geotechnical consultant may
be required.
Erosion Control Mitigation:
73. An erosion control plan shall be submitted for review and
approval if grading is to occur between October 15th and April
15th.
74. Hydroseeding of all graded slopes shall be required within 60
days of completion of grading.
Air Quality Mitigation:
75. The applicant shall ensure that contractors properly maintain
and operate construction equipment and use direct injection
diesel engines or gasoline powered engines if feasible.
76. Dust generation produced during grading shall be suppressed by
the following activities:
a. All active portions of the 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 graded 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
activities shall cease during
greater than 20 miles per hour
hour so as to prevent excessive
11
moving, or excavation
periods of high winds
(mph) averaged over one
amounts of dust.
TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 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.
Drainage Impact Mitigation:
77. The applicant shall submit to the City Engineer for review and
approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; shall
enter into an agreement with the City to complete the
improvement and shall post sufficient surety guaranteeing the
construction of the improvements. The drainage plans and
calculations shall indicate the following conditions before
and after development: c~
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:
a. All catch basins in sump locations shall be designed for
a SO-year storm;
b. All catch basins on continuous grades shall be designed
for a 10-year storm;
c. All catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. All culverts shall be designed for a 100-year storm;
e. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
12
(
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TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
f. For a 10-year 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.
g. Drainage to adjacent, off-site parcels shall not be
increased or concentrated by this development. All
drainage measures necessary to mitigate these storm water
flows shall be provided by the applicant.
78. The applicant shall deposit with the City a contribution for
the Walnut Canyon Local Drainage Area. The actual deposit
shall be the then current Walnut Canyon Local Drainage rate at
the time of final map approval. If previous payment of this
contribution can be demonstrated to the City's satisfaction,
this condition shall be waived.
79. 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 convey storm water
flows.
80. The applicant shall submit to the City Engineer for review and
approval, evidence that the CC&R' s will include provisions for
maintenance of on-site storm drains, drainage easements, and
all flowage easements within the project.
Biological Mitigation:
81. Any mature tree, recommended in the Tree Study for
preservation, that will be removed as a result of project
construction, shall be replaced. The value of the trees
removed and the replacement size and number shall be
determined consistent with City Ordinance No. 101.
Replacement of trees would need to be accomplished to the
satisfaction of the Director of Community Development. Refer
to landscape plan and installation requirements under
Aesthetic Mitigation.
82. The CC&R's shall include a restriction prohibiting use of non-
native invasive plants.
13
TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
Transportation/Circulation Mitigation:
83. Prior to final map approval, the applicant shall make a
contribution of $3,000 per lot to the city which will be used
to fund public street and traffic improvements -directly or
indirectly affected by the development.
84. Prior to final map approval, the applicant shall deposit with
the City a contribution for the Los Angeles Avenue Area of
Contribution (AOC). The actual deposit shall be the then
current Los Angeles Avenue AOC at the time of final map
approval. If previous payment of this contribution can be
demonstrated to the City's satisfaction, this condition shall
be waived. If the Los Angeles Avenue AOC is superseded,
replaced, or discontinued, the applicant shall pay the then
applicable fee to the AOC or similar mechanism which replaced
the Los Angeles Avenue AOC in order to obtain compliance with
this condition.
(
85. Prior to final map approval, the applicant shall deposit with
the City a contribution for the Gabbert Road/Casey Road Area
of Contribution (AOC). The actual deposit shall be the then (_
current Gabbert Road/Casey Road AOC rate at the time of final
map approval. If previous payment of this contribution can be
demonstrated to the City's satisfaction, this condition shall
be waived. If the Gabbert Road/Casey Road AOC is superseded,
replaced, or discontinued, the applicant shall pay the then
applicable fee to the AOC or similar mechanism which replaced
the Gabbert Road/Casey Road AOC in order to obtain compliance
with this condition.
86. The applicant shall make a special contribution to the City
representing the applicant's prorated share of the costs of
improvements to the intersection of Broadway Avenue/Walnut
Canyon Road. This intersection shall be reconfigured as
identified in the February 5, 1991, traffic study for Tract
4652. To determine the costs of the improvements to the
Broadway Avenue/Walnut Canyon Road intersection, the applicant
shall first prepare conceptual plans to the satisfaction of
the City Engineer. The prorated share shall be approved by
the City Council prior to final map approval. The
contribution shall then be paid to the City, prior to final
map approval.
14
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(
TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
87. The applicant shall submit to the City for review and
approval, street improvement plans for the intersection of
Walnut Canyon Road -Casey Road, prepared by a Registered
Civil Engineer; shall enter into an agreement with the City to
complete these improvements; and shall post sufficient surety
guaranteeing completion of the improvements. The· improvement
shall include, but not be limited to, those necessary to allow
roadway widening, signing, and striping, sufficient to provide
one travel lane in each direction and a northbound left turn
pocket, and those necessary to prohibit left turns from Casey
Road onto Walnut Canyon Road. It is anticipated that
construction of these improvements will first require the
applicant to obtain right-of-way along the west side of Walnut
Canyon Road. The final design shall be subject to the
approval of the City Engineer and Cal trans. All required
Walnut Canyon Road intersection improvements shall be
completed prior to the first occupancy in Tract No. 4652. Any
direct expenses incurred by the developer relating to the
construction of pavement, curb, gutter, sidewalk, traffic .
signal or right-of-way acquisition at the Casey Road -Walnut
Canyon Road intersection shall be reimbursed by the future
developer of the former high school property located on Casey
Road. The City will enter into an agreement with the
developer of Tract No. 4652, agreeing to condition the future
developer of the former high school property to reimburse the
developer of Tract No. 4652. The agreement will be prepared
by the developer of Tract No. 4652, subject to review and
approval by the City. The developer shall pay the City's
legal review and any additional expenses in the completion of
the reimbursement agreement.
Aesthetic Mitigation:
8 8. 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 shall be
submitted to the Director of Community Development for review
and approval prior to grading permit approval. The landscape
plan shall include planting and irrigation specifications for
manufactured slopes over 3 feet in height, and all common
areas proposed to be maintained by the Homeowners Association.
The purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes 3 feat
or more in height, and to replace mature trees lost as a
result of construction. All plant species utilized shall be
drought tolerant.
15
TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
89. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation system,
and of final landscape inspection. All tree replacement,
common area landscaping, and erosion control landscaping shall
be installed and receive final inspection prior to approval of
grading for the project including building pad inspection and
approval.
90. Not applicable.
91. Not applicable.
16
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CITY ENGINEER CONDITIONS -TRACT 4652 (GUNY)
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CO~DillONS SHALL BE
SATISFIED:
92
93
94
a. The applicant shall submit to the City 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 or 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.
c. All haul routes shall be approved by the City Engineer. On-site haul routes
shall be limited to graded areas only.
a. The applicant shall submit to the City for review and approval, a detailed soils
and geotechnical report prepared by both a civil engineer and a geotechnical
engineer registered with the State of California. The report shall include a
geotechnical investigation with regard to liquefaction, expansive soils, and
seismic safety. The grading plan shall incorporate the recommendations of
the approved soils report.
b. Review of the soils and geotechnical report by the City's geotechnical
consultant may be required by the City Engineer. H so, the applicant shall
reimburse the City for all costs including the City's administrative costs.
a. The applicant shall submit to the City for review and 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
necessary right-of-way required to complete the improvements will be
acquired by the applicant at their expense.
b. The improvements shall include concrete curb and gutter, sidewalk, street
lights, striping and signing, paving, and any necessary transitions to the
satisfaction of the City Engineer. The improvements shall include concrete
curb and gutter, sidewalk, street lights, striping and signing, paving and any
necessary transitions to the satisfaction of the City Engineer. The streets
within this development CA", "B", "C' and "D" Streets) shall be private streets
with their maintenance provided for by the Homeowners Association. In
conjunction with final map approval, an irrevocable dedication of the streets
within this Jcvclopmcnt will be offered to the City.
16
C. The applicable Ventura County Road Standard Plates are as follows:
1. "A" Street shall be per Plate B-5B modified per the following exhibit.
2. "B", "C" and "D" Streets shall be per plate B-5B modified to have 46
feet of right-of-way.
3. Casey Road shall be per Plate B-4A Along the project site frontage,
the applicant shall provide for all Casey Road improvements north of
centerline including new curb, gutter, and sidewalk. Also, from the
easterly Tract 4652 property line east to \Valnut Canyon Road, the
applicant shall provide for pave-out of Casey Road north of centerline
with final design approved by the City Engineer.
95 Intersection sight distance lines shall be shown on the final map and the street
improvement plans for the intersections of" A" Street -"B" Street and "A" Street -"C'
Street. Deed restrictions shall cover the area on the private lots (primarily Lots 7
and 8) within the sight distance lines in order that clear line of sight is maintained
and the City's right of entry is provided to ensure this. The respective property
owner must provide for the landscaping and appropriate maintenance of these areas.
The respective property owner will be backcharged by the City if City forces must
maintain the landscaping at any time.
96 The applicant shall submit to the City for review and approval, street improvement
plans (including all necessary drainage facilities) for an access road from "A" Street
to Walnut Canyon Road (as shown on the tentative tract map), prepared by a
registered civil engineer; shall enter into an agreement with the City to complete
these improvements; and shall post sufficient surety guaranteeing the completion of
the improvements. The access road shall be constructed of at least three inches of
aspbaltic concrete with the base section thickness to be determined by the Soils
Engineer and approved by the City Engineer. The access road shall be constructed
prior to project acceptance or the first building permit, whichever occurs first. The
applicant shall provide for the maintenance of the access road. The access road shall
be designed to Ventura County Fire Protection District guidelines.
97 The applicant shall demonstrate to the satisfaction of the City Engineer that each
building pad has adequate protection from a 100-year storm and feasible access
during a 10-year storm.
98 The applicant shall submit to the City for review and approval, drainage plans,
hydrologic and hydraulic calculations prepared by a registered civil engineer; shall
enter into an agreement with the City to complete the improvement and shall post
sufficient surety guaranteeing the construction of the improvements. The drainage
plans and calculations shall indicate the following conditions before and after
development:
Quantities of water, water flow rates, major water courses, drainage areas and
patterns, diversions, collection systems, flood hazard arc2.S, sumps and drainage
courses. I Iydrology ~hall be per current Ventura County St2.ndards except as follows:
-
c.
(
(
a. all catch basins in sump locations shall be designed for a 50-year storm;
b. all catch basins on continuous grades shall be designed for a 10-year storm;
c. all catch basins in a sump condition shall be designed such that the depth of
water at intake shall equal the depth of the approach flows;
d. all culverts shall be designed for a lOO~year storm;
e. drainage facilities shall be provided such that surface flows are intercepted
and contained prior to entering collector or secondary roadways;
f. for a 10-year 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.
g. 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.
h. The existing siltation basin shall be modified to function as a detention basin
with an added detention basin located at the inlet structure to the storm drain
system according to the March 1991 project hydrology study, such that total
flows entering the Walnut Canyon drain are reduced subject to review and
approval of the City Engineer.
99 The proposed storm drain along "A" Street shall be constructed completely within the
public right-of-way. Future maintenance and replacement must be possible from
within the public right-of-way.
100 The applicant shall demonstrate legal access for each parcel to the satisfaction of the
City Engineer.
TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: May 15, 1991
101. The applicant shall submit to the City for review and
approval, street improvement plans for the intersection of
Walnut Canyon Road -Casey Road, prepared by a Registered
Civil Engineer; shall enter into an agreement with the City to
complete these improvements; and shall post sufficient surety
guaranteeing completion of the improvements. The ·improvement
shall include, but not be limited to, those necessary to allow
roadway widening, signing, and striping, sufficient to provide
one travel lane in each direction and a northbound. left turn
pocket, and those necessary to prohibit left turns from Casey
Road onto Walnut Canyon Road. It is anticipated that
construction of these improvements will first require the
applicant to obtain right-of-way along the west side of Walnut
Canyon Road. The final design shall be subject to the
approval of the City Engineer and Cal trans. All required
Walnut Canyon Road intersection improvements shall be
completed prior to the first occupancy in Tract No. 4652. Any
direct expenses incurred by the developer relating to the
construction of pavement, curb, gutter, sidewalk, traffic
signal or right-of-way acquisition at the Casey Road -Walnut
Canyon Road intersection shall be reimbursed by the future
developer of the former high school property located on Casey
Road. The City will enter into an agreement with the
developer of Tract No. 4652, agreeing to condition the future
developer of the former high school property to reimburse the
developer of Tract No. 4652. The agreement will be prepared
by the developer of Tract No. 4652, subject to review and
approval by the City. The developer shall pay the City's
legal review and any additional expenses in the completion of
the reimbursement agreement.
18
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102 The applicant shall make a special contribution to the City representing the
applicant's prorata share of the costs of improvements to the intersection of
Broadway Avenue -Walnut Canyon Road. This intersection shall be reconfigured
as identified in the October 15, 1990 traffic study for Tract 4620 (JBH). To
determine the costs of these improvements, the applicant shall first prepare
conceptual plans to the satisfaction of the City Engineer. The prorata share shall be
approved by the City Council prior to final map approval. The contribution shall
then be paid to the City, prior to final map approval.
103 The applicant shall deposit with the City a contribution for the Los Angeles Avenue
Area of Contnbution. The actual deposit shall be the then current Los Angeles
Avenue Area of Contribution rate at the time of final map approval. If previous
payment of this contribution can be demonstrated to the City's satisfaction, this
condition shall be waived.
104 The applicant shall deposit with the City a contribution for the Gabbert Road/Casey
Road Area of Contribution. The actual deposit shall be the then current Gabbert
Road/Casey Road Area of Contribution rate at the time of final map approval. If
previous payment of this contribution can be demonstrated to the City's satisfaction,
this condition shall be waived.
( 105 The applicant shall deposit with the appropriate agency a contribution for the Walnut
Canyon Local Drainage Area. The actual deposit shall be the then current Walnut
Canyon Local Drainage rate at the time of final map approval If previous payment
of this contnbution can be demonstrated to the City's satisfaction, this condition shall
be waived.
106 The applicant shall indicate in writing to the City Engineer, the disposition of any
water well or any other well that may exist within the project. If any wells are
proposed to be abandoned, or if they have been abandoned and have not been
properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and
any applicable Division of Oil and Gas requirements.
107 The applicant shall transmit (by certified mail) a copy of the conditionally approved
Tentative Map together with a copy of Section 66436 of the State of 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 Engineer.
108 If any of the improvements which the applicant is required to construct or install is
to be constructed or installed upon land in which the applicant does not have title
or interest sufficient for such purposes, the applicant 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 applicant wishes the City to acquire an
interest in the land which is sufficient for such purposes as provided in
Government Code Section 66462.5;
19
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b. Supply the City with (i) a legal description of the interest to be acquired, (ii)
a map or diagram of the interest to be acquired sufficient to satisfy the
requirements of subdivision ( e) of Section 1250.310 of the Code of Civil
Procedure, (iii) a current appraisal report prepared by an appraiser approved
by the City which expresses an opinion as to the 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 applicant 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.
109 The applicant shall submit to the City Engineer for review and approval, evidence
that the CC&R's will include provisions for maintenance of the private streets,
private storm drains, and private landscaping.
110 The applicant shall submit to the City for review and approval, an Oak Tree
Report/Survey prepared by a qualified arborist,· landscape architect, or other
professional specializing in the morphology and care of oak trees; and shall be
written in conjunction with an Oak Tree Survey.
111 The applicant shall pay all energy costs associated with street lighting for a period (: ~
of one year from the initial energizing of the street lights.
112 The applicant shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which
require removal (i.e., model homes, temporary debris basins, etc.).
IN CONJUNCTION WITI-I FINAL MAP APPROV~ TI-IE FOLLOWING
CONDffiONS SHAIL BE SATISFIED:
113 The applicant shall offer to dedicate on the Final Map to the City of Moorpark for
public use, all right-of-way for public streets as shown on the Map.
114 The applicant shall make an irrevocable dedication on the Final Map of easements
to the City of Moorpark over all private streets shown on the Vesting Tentative Map
for the purpose of providing access to (a) all governmental agencies that provide
public safety, health and welfare services or that enforce la\1.--S and ordinances, and
(b) all members of the public who reasonably need to be vacated over the private
streets because of a state of emergency declared by a representative of the City or
the Ventura County Fire Protection District.
115 The applicant shall dedicate on the final (Parcel) Map to the City of Moorpark the : • "
access rights adjacent to Casey Road along the entire front2ge of the parent parcel
except for approved access road (s) as delineated on the approved Tentative Map.
20
(:
116 The applicant shall dedicate on the Final Map to the City of Moorpark, public
service easements as required.
117 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 convey
storm water flows.
118 The applicant shall make an irrevocable offer to dedicate on the Final Map to the
City the area between the right-of-way and the sight distance lines at the intersections
of "A" -"B" Streets and "A" -"C' Streets.
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDffiONS SHALL APPLY:
119 City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected areas
whenever any alteration of a watercourse is made. If a FIRM map revision is
necessary, all materials required by FEMA for a map revision shall be provided to
the City Engineer's office. This material will demonstrate the 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 zone clearance. The
applicant will be responsible for all costs charged by the FEMA and the City's
administrative costs.
DURING CONSTRUCTION, THE FOLLOWING CONDillONS SHALL APPLY:
120 Prior to any work being conducted within the State or City right-of-way, the applicant
shall obtain an encroachment permit from the appropriate Agency.
121 If necessary, the applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
122 The applicant shall construct all necessary drainage facilities, including brow ditch
and slope bench drainage channels, with a permanent earth tone color so as to
minimize visual impacts. Said color shall be submitted to and approved by the
Planning Director as part of the grading plans.
C, 123 An 18" slough wall shall be constrnctcd directly behind L'le back of the sidewalk
where slopes over four feet arc adjacent to sidewalk so 2..s to reduce debris from
entering streets.
21
124 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 Sheriffs Depanment, and the City
Construction Observer shall be notified immediately. Work shall not proceed until
clearance has been issued by all of these agencies. Contaminated or hazardous soil
as defined by Department of Health Services may not be used for on-site soil fill or
roadway subgrade unless the Department of Health Services determines in writing
that said material has been treated to a level that is no longer considered a public
health risk or requires public disclosure by the Department of Real Estate. Any
contaminated or hazardous soil shall be removed to an approved landfill.
125 Where roads requiring four or more inches of pavement are to be built, the applicant
shall construct the required street section minus one-inch of paving as an interim
condition until all utility cuts or trenching are completed. Toe final one-inch cap of
asphalt shall be placed after all necessary trenching is completed.
126 No trees with a trunk diameter in excess of four inches shall be trimmed or removed
without prior approval of the Director of Community Development.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDffiON SHALL BE SATISFIED:
C
127 If the land is in a special flood hazard area, the applicant shall notify all potential (
buyers of this condition.
PRIOR TO ACCEITANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
128 Sufficient surety guaranteeing the public improvements shall be provided. The surety
shall remain in place for one year following acceptance by the City Council.
129 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 a series of 22" X 36" mylars
(made with proper overlaps) with a title block on each sheet. Submission of "as-
built" plans is required before a final inspection will be scheduled.
130 Reproducible centerline tie sheets shall be submitted to the City Engineer's office.
131 The applicant 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.
IMO425.CON
~by 7, 1991
0 1 (1i' 1 ',('!t)(' I , l, , -' ,,
22
( TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
(
DATE: May 15, 1991
CITY COUNCIL CONDITIONS
132. Design plans for a concrete platform to be installed on the
north side of "A" Street adjacent to Walnut Canyon-Road shall
be submitted to the Director of Community Development and the
Moorpark School District for review and approval prior to
final map approval. The size of the platform shall be
approximately 10 feet by 18 feet. The intent of the concrete
platform is to allow school children a place to stand and wait
for bus pickup.
133. Prior to final map approval, the applicant shall be required
to enter into an affordable housing agreement with the City.
That agreement shall specify the applicant's responsibility to
construct a three-bedroom house within Tract 4652 for a
moderate-income, first-time home buyer. Moderate income shall
be defined as the State Department of Housing and Community
Development's published moderate income levels for Ventura
County. If construction of the affordable unit is delayed
beyond the year 1993, the State's published moderate income
level for 1993 shall be used. The price of the affordable
unit shall be fixed at $180,000 and the required size shall be
no less than 1,350 square feet.
The applicant's responsibilities shall include the
construction of the first-time home buyer unit as well as
payment for advertisement in five local newspapers required to
advertise the availability of the unit. The applicant shall
also be required to pay the first-time home buyer's closing
costs and escrow fees. The eligibility criteria,
participation rules and procedures, and selection process of
the first-time home buyer shall be determined and administered
by the City.
The required moderate-income, first-time home buyer unit in
Tract 4652 shall be of similar quality to other homes in Tract
No. 4652, and shall be equipped with similar features,
including but not limited to floor coverings and appliances,
tile roof, and tile countertops in the kitchen. The required
affordable unit shall be built in compliance with all
condi~i?~~?~approval of Tract 4652 and shall be constructed
:GtE~;ritctti::~#~li~l~Ii!l:!E.,~ttlt{g1:1iiti~It~~:iillt~[~t\iii~~~i
23
TENTATIVE TRACT MAP NO. 4652
APPLICANT: Abe Guny
DATE: ~ay 15, 1991
134. In conjunction with Final Map approval/< the applicant shall
make an .irrevocable dedication on .the Final Map of easements
to the City of/Moorpark over all private streets shown on the
Tentative Map for the purpose of providing access to: a) all
governmental agencies that provide <public. safety, heal th and
welfare services or that enforce.lawsiand ordinances; and b)
all members 6£ the>public who reasonably need to be, vacated
over/the· ··.private\streets<because Jof<a>.state ••· of emergency
declared by: a.:jrepresentative< of >:t:he City or of the . Ventura
County Fire Piqtection District/ • ••• ••••• • •• ••••• • • •
( TENTATIVE TRACT MAP NO. 4652
MITIGATION MONITORING PROGRAM
May 15, 1991
Geotechnical/Grading Mitigation:
1. Prior to final map approval, the applicant shall submit to the
City 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 or
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
City Engineer.
2. Prior to grading permit approval, the applicant shall submit
to the city for review and approval, a detailed soils and
geotechnical report prepared by both a civil engineer and a
geotechnical engineer registered with the State of California.
That report shall include a geotechnical investigation with
regard to liquefaction, landslides, slope stability, expansive
soils, and seismic safety. The grading plan shall incorporate
the recommendations of the approved soils and geotechnical
report for all infrastructure as well as all individual lots.
3. Prior to grading permit approval, review of the soils and
geotechnical report by the City's geotechnical consultant may
be required.
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 consultant 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 Grading Ordinance and in accordance with Building Code
requirements.
Erosion Control Mitigation:
1. An erosion control plan shall be submitted for review and
approval if grading is to occur between October 15th and April
15th.
2. Hydroseeding of all graded slopes shall be required within 60
days of completion of grading.
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Monitoring: (
Prior to approval of the grading permit, the City Engineer will
make a determination as to whether this condition shall be imposed.
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 the 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 graded shall be sufficiently
watered to prevent excessive amounts of dust.
c.
d.
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.
All clearing, grading, earth
activities shall cease during
greater than 20 miles per hour
hour so as to prevent excessive
moving, or excavation
periods of high winds
(mph) averaged over one
amounts of dust.
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.
Monitoring:
Dust control mitigation measures are enforced by the Air Pollution
Control District and by the City Engineer's Office during the
grading and infrastructure construction period.
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1. The applicant shall submit to the City Engineer for review and
approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; shall
enter into an agreement with the City to complete the
improvement and shall post sufficient surety guaranteeing the
construction of the improvements. The drainage plans and
calculations shall indicate the following conditions 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:
a. All catch basins in sump locations shall be designed for
a SO-year storm;
b. All catch basins on continuous grades shall be designed
for a 10-year storm;
c. All catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. All culverts shall be designed for a 100-year storm;
e. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
f. For a 10-year 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.
g. Drainage to adjacent, off-site parcels shall not be
increased or concentrated by this development. All
drainage measures necessary to mitigate these storm water
flows shall be provided by the applicant.
h. The existing siltation basin on the project site shall be
modified to function as a detention basin with an added
detention basin located at the inlet structure to the
storm drain system, such that total flows entering the
Walnut Canyon Drain are reduced, consistent with the
March 19, 1991, Hydrology Study for Tract 4652. Final
design of detention basins shall be approved by the City
Engineer.
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2. The applicant shall deposit with the City a contribution for
the Walnut Canyon Local Drainage Area. The actual deposit
shall be the then current Walnut Canyon Local Drainage rate at
the time of final map approval. If previous payment of this
contribution can be demonstrated to the City's satisfaction,
this condition shall be waived.
3. 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 convey storm water
flows.
4. The applicant shall submit to the City Engineer for review and
approval, evidence that the CC&R's will include provisions for
maintenance of on-site storm drains, drainage easements, and
all flowage easements within the project.
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 CC&R' s include provisions to adequate
maintenance of on-site drainage facilities.
Biological Mitigation:
1. Any mature tree, recommended in the Tree Study for
preservation, that will be removed as a result of project
construction, shall be replaced. The value of the trees
removed and the replacement size and number shall be
determined consistent with City Ordinance No. 101.
Replacement of trees would need to be accomplished to the
satisfaction of the Director of Community Development. Refer
to landscape plan and installation requirements under
Aesthetic Mitigation, Response No. Q.1.
2. The CC&R's shall include a restriction prohibiting use of non-
native invasive plants.
Monitoring:
The Community Development Department shall ensure that a
landscaping plan which specifies tree replacement is approved prior
to approval of the grading permit, that replacement of trees is
accomplished prior to approval of the first occupancy, and that the
CC&R's include a restriction against non-native invasive plants.
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Transportation/Circulation Mitigation:
1. The applicant shall make a contribution of $3,000 per lot to
the city which will be used to fund public street and traffic
improvements directly or indirectly affected by the
development.
2. Prior to final map approval, 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
Los Angeles Avenue Area of Contribution rate at the time of
final map approval. If previous payment of this contribution
can be demonstrated to the City's satisfaction, this condition
shall be waived.
3. Prior to final map approval, the applicant shall deposit with
the City a contribution for the Gabbert Road/Casey Road Area
of Contribution. The actual deposit shall be the then current
Gabbert Road/Casey Road Area of Contribution rate at the time
of final map approval. If previous payment of this
contribution can be demonstrated to the City's satisfaction,
this condition shall be waived.
4. The applicant shall make a special contribution to the City
representing the applicant's prorated share of the costs of
improvements to the intersection of Broadway Avenue/Walnut
Canyon Road. This intersection shall be reconfigured as
identified in the February 5, 1991, traffic study for Tract
4652. To determine the costs of the improvements to the
Broadway Avenue/Walnut Canyon Road intersection, the applicant
shall first prepare conceptual plans to the satisfaction of
the City Engineer. The prorated share shall be approved by
the City Council prior to final map approval. The
contribution shall then be paid to the City, prior to final
map approval.
5. Prior to final map approval, the applicant shall submit to the
City for review and approval, street improvement plans for the
intersection of Walnut Canyon Road -Casey Road, prepared by
a Registered Civil Engineer; shall enter into an agreement
with the City to complete these improvements; and shall post
sufficient surety guaranteeing completion of the improvements.
The improvements shall include, but not be limited to, those
necessary to allow roadway widening, signing, and striping,
sufficient to provide one travel lane in each direction and a
northbound left turn pocket, and those necessary to prohibit
left turns from Casey Road onto Walnut Canyon Road. It is
anticipated that construction of these improvements will first
require the applicant to obtain right-of-way along the west
side of Walnut Canyon Road. The final design shall be subject
to the approval of the City Engineer and Cal trans. All
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required Walnut Canyon Road Casey Road intersection (
improvements shall be completed prior to the first occupancy
in Tract No. 4652.
Monitoring:
Required contributions for funding circulation improvements will be
collected by the City Engineer's Office prior to final map
approval. The City Engineer shall ensure that the applicant's
prorated share of improvements to the Broadway Avenue/Walnut Canyon
Road intersection is calculated prior to final map approval. The
City Engineer will review the street improvement plans for the
intersection of Walnut Canyon Road -Casey Road, shall ensure that
sufficient surety guaranteeing completion is provided prior to
final map approval, and shall ensure that all required intersection
improvements are completed prior to the first occupancy.
Aesthetic 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 shall be
submitted to the Director of Community Development for review
and approval prior to grading permit approval. The landscape
plan shall include planting and irrigation specifications for
manufactured slopes over 3 feet in height, and all common
areas proposed to be maintained by the Homeowners Association.
The purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes 3 feet
or more in height, and to replace mature trees lost as a
result of construction. All plant species utilized shall be
drought tolerant.
2. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation system,
and of final landscape inspection. All tree replacement,
common area landscaping, and erosion control landscaping shall
be installed and receive final inspection prior to occupancy
of the first unit.
3. Temporary irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape plan, for
a minimum of two years from the date of installation of the
landscaping. The applicant shall be responsible for
maintaining the irrigation system and all landscaping until
such time as the Homeowners' Association accepts
responsibility for common area landscaping, or an individual
property owner accepts responsibility at the time of approval
of occupancy. Prior to Homeowners' Association or property
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owner's acceptance of responsibility for the landscaping, the
applicant shall replace any dead plants and make any necessary
repairs to the irrigation system consistent with the landscape
plan approved for the subdivision.
The CC&R's shall include a requirement that homeowners must
install front yard landscaping and an irrigation system within
90 days from the date of initial occupancy of their home.
Monitoring:
Prior to grading permit approval, the Community Development
Department will ensure that the landscape plan has been reviewed
and approved. Prior to approval of the final map, the Community
Development Department shall review the CC&R's to ensure that the
front yard landscaping provision has been included. Prior to
approval of the first occupancy, the Community Development
Department will ensure that common area landscaping and tree
replacement landscaping has been installed and has received final
inspection. Prior to approval of any subsequent occupancy,
Community Development Department staff will determine whether the
developer must replace any dead landscaping.
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