HomeMy WebLinkAboutAGENDA REPORT 1995 1206 CC REG ITEM 09Br :� .,..".,1` ^'<. CAL
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TO: The Honorable City Council
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FROM: Jaime Aguilera, Director of Community Developme;o��
Paul Porter, Senior Planner
DATE: November 1, 1995 (CC meeting of December 6, 1995)
SUBJECT: CONSIDER APPROVAL OF VESTING TENTATIVE TRACT MAP NOS.
4973 AND 4974
Background
The City Council approved the Carlsberg Specific Plan dated on
October 30, 1990 and on November 7, 1990 adopted Resolution No. 90-
714. On February 6, 1991, the City Council adopted Ordinance No.
136 rezoning the property from RE, RE -lac and RPD 1.6u to C -P -D
(SP), M -1 (SP), 0 -S (SP), R -A (SP), RPD lu (SP), RPD 2u (SP), RPD
3u (SP) , and RPD 5u (SP). The Community Design Plan and the
Development Standards as described in the Carlsberg Specific Plan
were adopted by the City Council (Resolution No. 138) on February
20, 1991.
Modifications to the Zoning designation of the property described
in the Amended Carlsberg Specific Plan dated September 7, 1994 were
approved by the City Council and the Subsequent Environmental
Impact Report was certified by the City Council on September 7,
1994.
Discussion:
The proposed Vesting Tentative Tract Maps are for large lot
subdivisions which correspond to the approved land use designations
of the Amended Carlsberg Specific Plan. Vesting Tentative Tract
Map No. 4973, consists of the northern portion of the Specific
Plan, contains the following lots:
Vesting Tentative Tract Map No 4973
Lot No.
Acres
Planning Area
Lot 1
29.0
SR /C /BP
Lot 2
11.0
SR /C /BP
Lot 3
89.8
Area B
Lot 4
33.0
SR /C /BP
OS -1
25.3
Natural Park
9.0
OS -2
7.4
PPII:0I:95 111:05&M: \RSP0R? CC 1
Vesting Tentative Tract Map No. 4974, which consists of the
southern portion of the Amended Carlsberg Specific Plan, contains
the following lots:
Vesting Tentative Tract Map No. 4974
Lot
No.
Acres
Planning Area
Lot
1
82.2
Area C
Lot
2
57.4
Area D
Lot
3
3.0
Area I
Lot
4
4.0
Area I
Lot
5
110.3
Area A
The Planning Commission held a public hearing on the above
captioned projects on October 9, 1995 and directed staff to prepare
a resolution recommending approval of the requested Vesting
Tentative Tract Maps. On October 30, 1995, the Planning Commission
adopted Resolution No. 95 -312 recommending to the City Council
approval of the Vesting Tentative Tract Maps.
Streamling Act:
These two Vesting Tentative Tract Maps were deemed complete for
purposes of processing on October 4, 1995. Therefore the City
Council must render a decision to approve or deny these projects
prior to January 4, 1995.
Recommendations:
1. Open the public hearing and accept public testimony.
2. Determine that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg Specific
Plan and the environmental effects of these proposed
subdivisions are sufficiently similar to warrant the reuse of
the Subsequent EIR.
3. Make the appropriate findings (Exhibit No. 1) for each of the
entitlements requested by the applicant.
4. Direct staff to prepare resolutions which will reflect the
Council's action for the requested Tentative Tract Maps for
presentation at the City Council next regular meeting of
December 20, 1995.
PP11:01:95111:05amA : \RRPORS CC 2
Exhibits
1. Findings
2. Planning Commission Resolution No. 95 -312
3. Planning Commission Staff Report dated October 9, 1995
4. Vesting Tentative Tract Map No. 4973
5. Vesting Tentative Tract Map No. 4974
PP11:01:95 111:05anA: \RRP0R?.CC 3
r
FINDINGS AND GENERAL PLAN GOALS AND POLICIES
If the City Council chooses to approve of the aforementioned
projects, the following findings may be used:
1. Determine that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg Specific
Plan and the environmental effects of these proposed
subdivisions are sufficiently similar to warrant the use of
the Subsequent EIR.
2. In order to reduce the adverse impacts of these projects,
mitigation measures discussed in the Subsequent Environmental
Impact Report, prepared for the Amended Carlsberg Specific
Plan as well as the Settlement Agreement have been
incorporated into the proposed projects.
Subdivision Map Act Findings
Based on the information set forth above, it is determined
that the Tentative Parcel Map, with imposition of the attached
conditions, meets the requirements of the Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in
that:
1. The proposed maps are consistent with the applicable general
and specific plans.
2. That the design and improvements of the proposed subdivisions
are consistent with the applicable general and specific plans.
3. The site is physically suitable for the type of development
proposed.
4. The design of the subdivisions and the proposed improvements
are not likely to cause substantial environmental damage.
5. The design of the subdivisions and the type of improvements
are not likely to cause serious public health problems.
6. The design of the subdivisions and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivisions.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
EXHIBIT 1
PP11:01:95111:05aM.\RSPOR7 CC 4
RESOLUTION NO. PC -95 -312
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR VESTING
TENTATIVE TRACT MAP NOS. 4973 AND 4974 ON THE APPLICATION OF C.T.
FINANCIAL (ASSESSOR PARCEL NOS. 500- 35 -15, 500- 35 -33, 512- 15 -60,
513- 05 -11, 500 -35 -034 AND 500 -35 -041)
Whereas, at a duly noticed public hearing on October 9, 1995,
the Planning Commission considered the application filed by C.T.
Financial requesting approval of the following:
Vesting Tentative Tract Map No. 4973, which consists of the
northern portion of the Specific Plan, contains the following lots:
Vesting Tentative Tract Map No. 4973
Lot No.
Acres
Planning Area
Area C
Lot 1
29.0
SR /C /BP
Lot 2
11.0
SR /C /BP
Lot 3
89.8
Area B
Lot 4
33.0
SR /C /BP
OS -1
26.0
110.3
Natural Park
9.0
6.5
OS -2
7.4
O -S
Vesting Tentative Tract Map No. 4974, which consists of
the southern portion of the Carlsberg Specific Plan,
contains the following lots:
Vesting Tentative Tract Map No. 4974
Lot No. Acres
Planning Area
Lot
1
82.2
Area C
Lot
2
57.4
Area D
Lot
3
3.0
Area I
Lot
4
4.0
Area I
Lot
5
110.3
Area A
Park
6.5
O -S
Lot
2.0
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report
dated October 9, 1995, the the Final EIR prepared for the
Carlsberg Specific Plan, the Mitigating Reporting and
Monitoring Program and testimony, and has found that
A:\TRACT.RES 1
EXHIBIT 2
the environmental effects discussed in the Subsequent EIR
prepared for the Amended Carlsberg Specific Plan and the
environmental effects of these proposed subdivisions are
sufficiently similar to warrant the use of the Subsequent
EIR, and has reached its decision on this matter; and
Whereas, at its meeting of October 9, 1995, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission hereby adopts the
following findings:
1. Determine that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg
Specific Plan and the environmental effects of these
proposed subdivisions are sufficiently similar to warrant
the use of the Subsequent EIR.
2. In order to reduce the adverse impacts of these projects,
mitigation measures discussed in the Subsequent
Environmental Impact Report, Amended Carlsberg Specific
Plan prepared for the Amended Carlsberg Specific Plan as
well as the Settlement Agreement have been incorporated
into the proposed projects.
Subdivision Map Act Findings
1. The proposed maps are consistent with the applicable
general and specific plans.
2. That the design and improvements of the proposed
subdivisions are consistent with the applicable general
and specific plans.
3.. The site is physically suitable for the type of
development proposed.
4. The design of the subdivisions and the proposed
improvements are not likely to cause substantial
environmental damage.
5. The design of the subdivisions and the type of
improvements are not likely to cause serious public
health problems.
6. The design of the subdivisions and the type of
improvements would not conflict with easements acquired
by the public at large, for access through, or use of the
A:\TRACT.RES 2
property within the proposed subdivisions.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
SECTION 2. The Planning Commission does hereby find that.the
aforementioned projects are consistent with the City's General Plan
and the Carlberg Specific Plan.
SECTION 3. That the Planning Commission hereby recommends to
the City Council conditional approval of Vesting Tentative Tract
Map Nos. 4973 and 4974 on the application of C.T. Financial subject
to compliance with all of the following conditions:
Vesting Tentative Tract Map No 4973
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF
APPROVAL: SA ( SETiL.1?1KF'NT AGREEMENT) , SP ( SPECIFIC PLAN) ,
SEIR(SUBSEQUENT ENVIRONMENTAL IMPACT REPORT), OTHER
REFERENCES ARE FROM THE MITIGATION MONITORING PROGRAM FOR
THE AMENDED SPECIFIC PLAN
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
2. If the map is to record in phases, it shall be recorded in
phases consistent with the approved phasing plan in the
Specific Plan.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. 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.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. No condition of this entitlement shall be interpreted as
A:\TRACT.RES 3
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.
7. 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.
B. This Tentative Map shall expire 3 years from the date of'its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendment, except as
provided in the Settlement Agreement dated September 7, 1994.
10. No asbestos pipe or construction materials shall be used
within this subdivision.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
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;
A:\TRACT.RES
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
12. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
CONCURRENT RECORDATION
13. Tract Map No. 4973 shall be recorded concurrently with Tract
Map No. 4974, or Tract Map No. 4974 shall record first.
DEVELOPMENT FEE
14. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the
boundaries of the Amended Specific Plan, the applicant shall
pay the City, except as provided in Section 12 of the
Settlement Agreement, a Development Fee as described herein
(the "Development Fee ") and any Capital Development Fee
adopted by the City Council on or before April 30, 1995 and
imposed on similar construction. The Development Fee may be
expended by the City in their sole and unfettered discretion.
On the effective date of the Settlement Agreement, the Fee
shall be $1,587 per residential unit and $4,443 per gross acre
of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing
on the first day of the month following the month in which the
Settlement Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5%) per month on the first day of the month ( "monthly
indexing "). Institutional uses, whether or not exempt from
secured property taxes, shall be exempt from the fee.
The Development Fee for commercial and industrial uses is
intended to result in a total payment to the City of not less
than $324,339 on the effective date of the Settlement
Agreement and is based upon the assumption that seventy -three
(73) gross acres are subdivided into lots for SR /C or BP
usage, the Development Fee for commercial and industrial uses
shall be adjusted from $4,443 per gross acre to an amount per
gross acre that would result in a total payment of.$324,339,
excluding the monthly indexing. The acreage shall be
A:\TRACT.RES 5
determined from the Initial Map, as hereinafter defined in
this paragraph, or the Subsequent Map, as hereinafter defined
in this paragraph, which is in effect on the Adjustment Date.
The Adjustment Date shall mean the date upon which the first
building permit 'is issued for any commercial or industrial
uses within the boundaries of Tentative Tract Map No. 4785 or
a subdivision Map that is recorded in lieu of the Tentative
Tract Map 4785 (collectively the Initial Map) or the date upon
which the first subdivision map containing an SR /C or BP use
lot of ten (10) acres or less is recorded over all, or part
of, the Initial Map 4785 (the "Subsequent Map "), whichever
occurs first. The total amount of $324,339, as increased by
the monthly indexing, shall be paid in full to the City no
later than the tenth(10th) anniversary of the issuance of the
first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. The Initial Map and Subsequent Map shall be so
conditioned. (SA -5 &6)
PARR IMPROVEMENT FEE
15. As a condition of the issuance of a building permit for each
commercial or industrial use within the boundaries of the
Amended Specific Plan, the developer shall pay the City a fee,
in an amount set by resolution of the City Council, to be used
for park improvements within the City of Moorpark. The amount
of the fee shall be the same as that paid for other commercial
and industrial uses, but in no event shall the fee exceed
fifty cents ($.50) per square foot of gross floor area.
Institutional uses shall pay on the same basis as commercial
and industrial uses, except that institutional uses which are
exempt from secured property taxes shall be .exempt from the
fee. (SA -5)
Grading
16. Every effort shall be made to use reclaimed water to irrigate
temporary erosion control landscaping and for dust control of
grading operations. Sufficient proof shall be given to the
Director of Community Development that using reclaimed water
is physically or economically not feasible prior to the
Director's decision to dispose with this condition.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation unless otherwise approved by the Director
Of Community Development. Temporary irrigation must be
replaced with permanent irrigation prior to issuance of a
Zoning Clearance for the first building unless drought
tolerant plants selected do not require irrigation.
A:\TRACT.RES
18. Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994.
19. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition
of graded and natural slopes, while preserving the basic
character of the site.
20. Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes.
21. Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope.
22. Grading shall emphasize scenic vistas to the opbn space areas.
23. Concrete drainage structures shall be tan colored concrete
and, to the extent possible, shall incorporate natural
structure and landscape to reduce their visibility.
Landscaping
24. Prior to grading permit approval 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 Specific Plan and the City of
Moorpark Guide to Landscape Plans, and shall be submitted to
the Director of Community Development for review and approval.
All streetscape landscaping shall be completed within 90 days
Of completion of the related course street base..
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the owners' association, maintenance
district, or similar entity.
b. 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 three (3) feet or more in height, and to replace
mature trees lost as a result of construction.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
inspection prior to final inspection of the Grading
A:\TRACT.RES 7
Permit or prior to occupancy if the slope is within a
residential lot.
e. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits shall be consistent with
the Specific Plan and are subject to approval of the
Director of Community development.
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or as close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan
unless drought tolerant plant do not require irrigation.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping until such time as
a owners' association, maintenance district, or similar
entity accepts the responsibility.
j. Prior to Owners' Association, maintenance district's, or
similar entity's acceptance of responsibility for the
landscaping, the subdivider shall replace any dead plants
and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
subdivision.
k. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas.
1. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
subdivider shall record a covenant to this effect).
A:\TRACT.RES 8
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
n. The subdivider shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all slope areas adjacent to roadways that are
proposed to be landscaped.
o. The use of native and /or drought- tolerant shrubs and
trees shall be utilized for landscaping purposes in order
to stabilize graded slopes and encourage the return of
some wildlife species displaced from the project site as
a result of grading activities.
p. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
used.
q. Prior to recordation, the final parcel map shall indicate
all landscape planting and maintenance easements. Said
easement shall encompass all man -made slopes adjacent to
said lots.
Utility Agency Requirements
25. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
26. Prior to approval of a Final Map, 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 water or sewer service.
A:\TRACT.RES 9
27. 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.
28. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 RVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Requirement for Wildlife Guzzler
29. Based on the recommendation of a qualified biologist, the
subdivider shall install a wildlife guzzler in the open space
within the site for wildlife, as recommended by a qualified
biologist in either Tract 4973 or Tract 4974. All plans for
the guzzler shall be reviewed and approved by the City prior
to issuance of grading permits.
Fees. Contributions and Deposits
30. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
31. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
32. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, Plaintiffs shall pay City
a mitigation fee (the "Mitigation Fee "). The Mitigation Fee
shall be Two Thousand Dollars ($2,000) per residential unit.
The Mitigation Fee shall be Eleven Thousand Two Hundred
Dollars ($11,200) per gross acre of the Sub -
Regional /Commercial (SR /C) or Business Park (BP) lot on which
the commercial or industrial use is located. Commencing on
January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect
the change in the Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of the
Engineering News Record that is available on December 31st of
the preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses
shall -pay on the same basis as commercial and industrial uses,
A:\TRACT.RES 10
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA -7)
33. The Mitigation Fee for commercial and industrial uses is
intended to result in a total payment to City of not less than
$817,600 and is based upon the assumption that seventy -three
(73) gross acres will be developed with SR /C and /or BP uses;
to wit: $817,600 + 73 gross acres = $11,200 per gross acre.
If, on the Adjustment Date, as hereinafter defined in this
paragraph, more or less than 73 gross acres are subdivided
into lots for SR /C and /or BP usage, the Mitigation Fee for
commercial and industrial uses shall be adjusted from $11,200
per gross acre to an amount per gross acre that will result in
the total payment of $817,600; provided, however, if the
Adjustment Date occurs on or after January 1, 1997, said total
payment amount shall be subject to the annual indexing, but in
no event shall it be decreased below the original dollar
amount specified herein. The acreage shall be determined from
the Initial Map, as hereinafter defined in this paragraph, or
the Subsequent Map, as hereinafter defined in this paragraph,
which is in effect on the Adjustment Date. The Adjustment
Date shall mean the date upon which the first building permit
is issued for any commercial or industrial use within the
boundaries of Tract Map 4785 or a subdivision map that is
recorded in lieu of Tentative Tract Map 4785 (collectively the
"Initial Map ") or the date upon which the first subdivision
map containing an SR /C or BP lot of ten (10) acres or less is
recorded over all, or a part of, the Initial Map 4785 (the
"Subsequent Map "), whichever occurs first. The total amount
of $817,600, as may be increased by the annual indexing, shall
be paid in full to City no later than the tenth (10th)
anniversary of the issuance of the first building permit for
any commercial or industrial use within the boundaries of the
Initial Map or the tenth (10th) anniversary of the issuance of
the first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. (SA -7 &8)
34. The City of Moorpark, in their sole and unfettered discretion,
may elect not to collect the Mitigation Fee. In the event of
such election, Plaintiffs shall be responsible for all costs
for traffic mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound
ramps /Tierra Rejada Road only) and TC17, as described in the
SEIR. Prior to the issuance of the first building permit
within the boundaries of the Amended Specific Plan, Plaintiffs
shall make a written request of Defendants that they decide
whether or not to make the election, and Defendants shall
notify Plaintiffs of their decision within thirty. (30) days
after - receipt of the request. (SA -8)
A:\TRACT.RES 11
The Mitigation Fee, if collected, may be expended by
Defendants in their sole and unfettered discretion; provided,
however, payment of the Mitigation Fee represents payment in
full of the "fair share" amounts required by traffic
Mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada
Road only), TC14 (cost of signal installation or modification
at State Route 23 southbound ramps /Tierra Rejada Road only)
and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in
full or in part, of certain traffic mitigation measures
described in the SEIR that will be installed by others but for
which Plaintiffs are required to pay "fair share" amounts to
City. The "fair share" amounts shall be determined by the
following percentages applied to the actual costs of said
installations: TC7 (48%), TC10 (34 %) and TC11 and TC13
(signal modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
The remaining traffic mitigation measures described in the
SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements
rather than the 63% provided for in the SEIR), TC5, TC8, TC13
(signal at Science Drive /New Los Angeles Avenue only) and TC15
(signal at "A" Street / "B" Street only) shall be installed by
Plaintiffs at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra
Rejada westbound and eastbound lanes identified in the SEIR
have been constructed by City (the "Widening Project ").
Plaintiffs shall have no financial obligation with respect to
the Widening Project except as provided in this Agreement;
provided, however, Conejo shall complete frontage improvements
on the north side of Tierra Rejada Road adjacent to the
property described in Exhibit B, including, but not limited
to, approximately eight ( 8 ) feet of paving, striping, curb and
gutter, sidewalk, drainage, parkway landscaping and signage,
no later than the issuance of the first occupancy permit
within the boundaries of the property described in Exhibit
"B ". (SA -9)
35. Other fees are listed under the, heading "City Engineer
Department Conditions."
A:\TRACT.RES 12
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
GENERAL
36. All areas to be commonly maintained, as determined by the
City, shall be designated as separate lettered lots on sub-
division maps.
37. Recorded phased final maps of each Lot within the Master
Tentative Tract Map(s) shall be permitted. Additional
tentative tract subdivision maps of the Lots are to be filed
subsequent to or concurrent with the Master Tentative Tract
Maps.(SP -62)
38. The applicant shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
39. Graded slopes, visible from off -site to the west shall be
hydroseeded immediately upon completion consistent with the
landscape concept plan. The city shall specify alternate
deadlines for completion of all hydroseeding based on the
grading schedule. (EIR 2 -5, T1)
40. Concurrent with submittal of the rough grading plan an
erosion, debris /siltation and dust control plan shall be sub-
mitted to the City for review and approval by the City
Engineer. Along with these control measures, hydroseeding and
temporary irrigation shall be provided on all graded slopes
within 30 days of completion of grading on those slopes.
41. All on -site haul routes shall be approved by the City Engineer
and clearly marked on the grading plan. All areas where
grading is not allowed shall be clearly shown on the grading
plans (all sheets). On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre -
grading meeting.
42. All off -site import /export operations, requiring an excess of
12 total trucks loads, shall require Council approval prior to
the issuance of a grading permit.
43. The applicant shall submit to the City of Moorpark for review
and approval, detailed Soils and Geology Reports certified by
a Registered Civil Engineer in the State of California. The
A:\TRACT.RES 13
geotechnical report shall include an investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
Note: Review of the soils and geology report by the City's
consultant may be required by the City Engineer. If so, the
applicant shall reimburse the City for all costs including the
City's administrative and overhead costs.
44. All recommendations included in the geotechnical and geology
reports 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.
45. All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council.
In order to develop the SR /C /BP Planning Areas, dirt will have
to be imported from Planning Area B. Accordingly, it will be
necessary to perform substantially all of the rough grading in
the north portion as part of the first phase development of
the commercial and business uses. Final grading of Planning
Area B can be performed at the time the residential
development is performed. (SP -15 2.a.)
46. The subdivider shall indicate in writing to the City the dis-
position of any water well (s) or any other well that may exist
within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements.
47. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development. (SP- 12.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided. Contour grading of all slopes shall
be provided to the satisfaction of the Director of Community
Development and the City Engineer. (SP- ll.b.) _
A:\TRACT.RES 14
48. No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U.S. Army Corps of Engineers.
49. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2 -6 T9, SP- 12.g.)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first.
50. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
(EIR 2 -6, T10, SP- 12.h.)
51. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet. (SP- 12.k.)
52. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners' association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes. (SP- 12.1.)
53. Interior slopes between manufactured building pads shall be
designed with up -slope property lines. (SP- 13.m.)
54. To reduce the impacts to the cactus wren, the applicant shall
offset the loss of the cactus phase of the coastal sage scrub
on the site. (As shown in the Environmental Impact Report,
Figure 22, dated 10- 12 -94)
All areas of impact to the coastal sage scrub shall be
A:\TRACT.RES 15
delineated on the grading plan. All areas in which
revegatation efforts will occur shall also be identified and
provisions to protect the revegatation area shall be included
within the grading plan as approved by the Director of
Community Development. (EIR 2 -9 B2)
55. Prior to the issuance of grading permits, the tree survey and
mitigation program shall be reviewed and approved by the
Director of Community Development. Preservation,
transplanting and planting of oak trees or other significant
trees and /or plants shall be considered.
The grading plans shall be prepared, utilizing the above in-
formation, and shall depict the methods used during grading
operations which minimizes, to the extent possible, impacts or
disruptions to said trees.
When it is determined which trees will be preserved, the
following guidelines shall apply. (SP- 28.5.)
a. Design
i. Grading and /or the placement of structures shall be
prohibited within the dripline or three feet from
the trunks of the tree, whichever is greater.
Grading and trenching within this area is to be
prohibited. No fill material shall be placed
within this area.
ii. No type of surface, either pervious or impervious,
shall be placed within a six -foot radius of tree
trunks. These areas shall remain uncovered and
natural.
iii. Alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand
joints, etc. shall be utilized.
iv. Retaining walls shall be used to protect existing
grades within the driplines of trees. However,
these walls shall not alter drainage from around
trees.
V. Drainage shall be directed away from tree trunks to
ensure that water will not stand at the crown. To
avoid drowning trees, water shall not be allowed to
pond or collect within the dripline.
b. During Construction
i. Trees within a construction area shall be.protected
from damage by equipment by installing temporary
A:\TRACT.RES 16
barriers such as fencing at the dripline. b.l.)
ii. Equipment, debris, building materials and /or excess
soil shall not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be
routed around the dripline where possible.
iv. When not restricted by local building codes only
one trench shall be dug to accommodate all
utilities for lots. Where necessary, the roots
shall be carefully pruned by a specialist in
proportion to the total amount of root zone lost.
The boring of a conduit for underground utilities
shall be used where possible.
V. The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
56. With respect to the screening requirements found in the
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
which shall be exempt from these screening requirements: (SP-
50.1)
a. Graded berms which are constructed to act as a
screen, as required by the Specific Plan, shall be
installed along all parking areas abutting any
street. Except as otherwise provided below, the
screening (berms or walls) shall have a maximum
height ofthree and one -half (3 -1/2) feet.
b. Where the finished elevation of the property is
lower than an abutting property or street, appro-
priate landscape screening shall be employed to
screen structures /parking areas.
C. A screen as referred to above shall consist of one
or any combination of the following:
1) Walls, including retaining walls: A wall
shall consist of stone, tile or similar type
of solid masonry material a minimum of eight
(8) inches thick.
2) Berms: A berm shall be constructed of earthen
materials and it shall be landscaped. A berm
shall be a minimum of three (3) feet high.
57. 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
A:\TRACT.RES 17
behind the back of the sidewalk where slopes exceeding 4 feet
in height are adjacent to sidewalk. The developer shall use
the City's standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development.
STORM RUN -OFF
58. The storm drain system will be designed to accommodate 100 -
year storm flows. (SP -13)
59. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City. (EIR 2 -7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 100 -year frequency storm;
(SP -13)
C. All catch basins shall carry a 100 -year storm; (SP -13)
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50, 100 & 500
year flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices 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 parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association or as
required by the City Engineer;
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
* This hydraulic /hydrology study shall analyze the
hydraulic capacity of the Arroyo Simi with and without
the storm drain system for the proposed development. The
applicant shall be responsible for obtaining Ventura
County Flood Control District approval of the analysis of
this system, as it relates to the downstream capacity,
and shall make any downstream improvements, required by
Ventura County Flood Control, to support the proposed
development of Tract 4973.
19
60. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
61. 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 the 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 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.
62. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
(EIR 2 -8, HY6)
63. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved in the Specific Plan and approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities
must also be acceptable to the Ventura County Public Works
Agency. (EIR 2 -7, HY3)
64. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form -of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance
district to maintain any private storm drainage systems.
STREET IMPROVEMENTS
65. The applicant shall submit to the City of Moorpark for review
and ,approval, street improvement plans prepared by a
20
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements.
The street improvements shall include concrete curb and
gutter, sidewalk, median(s), street lights, traffic signals,
striping and signing, traffic control, paving, and any
necessary transitions to the satisfaction of the City Engi-
neer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate the necessary right -of -way to make
all of the required improvements.
The applicable Ventura County Road Standard Plates are as
follows and have been modified to conform to the cross
sections shown on Exhibit 9 of the Carlsberg Specific Plan
dated 9 -7 -94 or as otherwise provided in the Settlement
Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and
timing for construction of all improvements and or payments
for improvements.)
New Los Angeles Avenue
66. New Los Angeles Avenue shall be per Ventura County Standard
Plate B -2A with right -of -way modified per cross section "G" of
Exhibit 9 of the Carlsberg Specific Plan (revised 9-7-94) ( See
exhibit 9, Plate G)
a. The final location of the sidewalk will be as shown on
the Approved Landscape Plan. Approval of the landscape
plan shall be required prior to or concurrent with
approval of the grading plan for Tract 4973. (SP -26.d)
b. Should the sidewalk location be altered from the location
shown on the approved Tentative Map, the grading within
the street improvement area shall be revised and the
final elevations shall be approved by the Director of
Community Development.
67. Prior to occupancy of the first phase of Tract 4973 or any
subsequent map, the developer shall widen, to six lanes, New
Los Angeles Avenue from, but not including, the Arroyo Simi -
New Los Angeles bridge east to the 23 Freeway.
If, in the future, developer and the City of Moorpark mutually
agree, a traffic study shall be performed by, or on behalf of,
City at developer's sole cost and expense to assess the
cumulative traffic impacts of the actual use and development
of the 73 acres zoned SR /C /BP and fronting onto New Los
Angeles Avenue within the boundaries of the Amendea Specific
Plan as compared to the impacts and required mitigation
forecast in the SEIR and the City's General Plan. In the
event the City Council determines from said traffic study that
six lanes on New Los Angeles Avenue, as described above, are
not required, The City agree that they will consider a request
by developer to eliminate said Condition. (SA -9.c., TC -8)
Spring Road
68. Spring Road north of Peach Hill Road shall be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "A -1" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94). ,
69. Prior to the issuance of the first zone clearance for
occupancy for either the SR /C /BP Area or Planning Area B, the
94 foot right -of -way for Spring Road, adjacent to Simi -
Moorpark Freeway Properties west property boundary which
extends from APN 500 -0- 350 -29 to the Arroyo Simi bridge, will
be offered for dedication to the City. Prior to the issuance
of the zone clearance for occupancy of the 70th residential
unit in Area B, eastside Spring Road frontage improvements
adjacent to the Simi- Moorpark Freeway's property will be
completed. (SP -15.b par. 2)
The sidewalk on the east side of Spring Road north of Peach
Hill Road shall be built adjacent to the curb.
Science Drive
70. Science Drive shall be designed from New Los Angeles Avenue to
600 feet south of the intersection of New Los Angeles Avenue
and shall be per Ventura County Standard Plate B -2A modified
with a 108 ft. right of way per cross section "B" of Exhibit
9 of the Carlsberg Specific Plan, (revised 9- 7 -94).
a. The final location of the sidewalk will be as shown on
the Approved Landscape Plan. Approval of the landscape
plan shall be required prior to or concurrent with
approval of the grading plan for Tract 4973. (SP -26.e)
b. Should the sidewalk location be altered from the location
shown on the approved Tentative Map, the grading within
the street improvement area shall be revised and the
final elevations shall be approved by the Director of
Community Development.
71. Science Drive from 600 feet south of New Los Angeles Avenue to
Peach Hill Road shall be per Ventura County Plate B -2B
modified with a 104 foot Right of Way per cross section "B -1 ",
Exhibit 9 of the Carlsberg Specific Plan, (revised 9- 7 -94).
Science Drive, from 600 feet south of Los Angeles. Avenue to _
Tierra Rejada Road, will feature enhanced (20) foot landscaped
parkways, including eight (8) foot sidewalks, located on the
east and west sides within the one hundred four (104) foot
extended right -of -way.
a. Science Drive is to be extended from "B" street to Peach
Hill Road and intersection improvements including
signalization at Peach Hill Road, if determined necessary
by the City at the time of subdivision, are to. be
completed prior to zone clearance for occupancy of the
1st residential unit in Planning Area B (TC3).
The developer shall also install a traffic signal at the
Science Drive / "B" Street intersection at this time. (SA-
7 par 2, TC15, SP -16 par. 1, EIR 2 -13 TC15).
b. The'City may elect to defer the need for intersection
signalization at the Science Drive /Peach Hill Road
intersection by having the developer, at the developer's
sole cost and expense, conduct a warrant study prior to
the issuance of zone clearance for occupancy of the 227th
and 552nd residential unit within the Amended Specific
Plan Area. Should there be no warrant for signal
installation by the time a zone clearance for occupancy
on the 227th and 552nd (or last residential unit) within
the Specific Plan Area, then the City may elect to
release the developer from their obligation to construct
this signal.
72. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific plan. No other
median breaks are allowed.
73. Prior to the issuance of the first zone clearance for
occupancy in either the SR /C /BP Area or Planning Area B the
developer shall construct (i) the southbound leg of the
intersection at Science Drive and New Los Angeles Avenue;
including westbound left -turn lane, eastbound right -turn lane,
shared southbound through lane /southbound right -turn lane,
northbound left -turn lane, second northbound left -turn lane,
northbound right -turn lane, shared northbound through
lane /northbound right -turn lane (TC2) and traffic signal
modification to provide eastbound right -turn overlap with the
northbound left -turn movement (EIR 2 -10, TC2) at New Los
Angeles Avenue and the proposed southern extension of Science
Drive (TC2 and TC13) and (ii) Science Drive to its four lane
configuration from New Los Angeles Avenue to 600 feet south
and including the "B" Street intersection (TC1, TC5, SP -15.b.
par. 1)
74. Prior to the issuance of the first zone clearance for
occupancy in either the SR /C /BP Area or Planning Area B the
developer shall construct the Science Drive / "B" Street
23
Intersection. Applicant to fully construct intersection and
provide northbound left -turn lane; northbound through lane;
northbound right -turn lane; southbound left -turn lane; second
southbound left -turn lane; shared southbound through
lane /southbound right -turn lane; southbound left -turn lane;
southbound right -turn lane; shared westbound through
lane /westbound right -turn lane; eastbound left -turn lane;
shared eastbound through lane /eastbound right -turn lane;'and
provide northbound right -turn overlap with the westbound left -
turn movement as part of signal installation. (EIR 2 -11, TC5)
Other:
75. The applicant shall include bus stop turnouts in the final
street improvement plans and provide for their construction,
near Science Drive along New Los Angeles Avenue, to service
the commercial areas of the project. (EIR 2 -16, A8)
The final location of the bus route and facilities shall be
approved by the Director of Community Development.
76. The developer shall adhere to Business and Professions Code
Section 8771 which requires that all monuments be located and
tied out prior to any construction or relocation of a street.
The surveyor shall certify on the proposed street improvement
plans that all recorded monuments in the construction area
have been located and either protected in place or replaced
pursuant to State Assembly Bill 1414.
77. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
78. The subdivider shall provide slope easements for road main-
tenance purposes only along all roads where the top of cut
plus 5 feet or the toe of fill plus 5 feet is beyond the dedi-
cated right of way. Said slope easements shall include the
area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
Trail Easements and Improvements
79. The final map shall indicate the location of all trail
easements. The minimum widths of said easements shall be 12
feet. The trail easements shall be offered for dedication to
the City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
the estimated cost of the improvements. Once the trails have
been built, the owners' association, maintenance district, or
similar entity shall be responsible for maintaining the
trails. Trails shall be approved by the City Council and
shown-on the final map prior to recordation. The developer
24
shall enter into an agreement with the City to assure the
maintenance responsibilities are conferred to the entities
described within this condition.
80. The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973. The plan shall provide
for all trails, within the Amended Specific Plan Area, to be
operational upon completion of the Neighborhood Park area.
81. The developer shall provide that the site /grading and
improvement plans assure pedestrian and bikeway access between
all bus stops and bicycle paths, respectively; and adequate
on -site development of such. (EIR 2 -16, A9)
82. Moorpark Ave. /Los Angeles Avenue Intersection Improvements:
Applicant to pay fair share of the costs to convert the shared
southbound left -turn lane /southbound through lane /southbound
right -turn lane to a second southbound left -turn lane and
convert southbound right -turn lane to shared southbound
through lane /southbound right -turn lane (project share 34
percent). (EIR 2 -12, TC10, SP -17, SA -8)
83. Spring Road /Los Angeles Avenue: Applicant to pay fair share
of the costs to add a third eastbound and westbound lane,
remove second eastbound left -turn lane; and modify signal to
provide a southbound right -turn overlap with the eastbound
left -turn movement and westbound right -turn overlap with the
south -bound left -turn movement. (project share 50 percent) .
(EIR 2 -13, TC11, SP -17, SA -8)
84. The developer shall prepare an addendum to the Traffic Study
that analyzes the impact that pass by traffic will have on the
presently proposed street improvements. Should a change in
the Level Of Service for any of the proposed improvements
result from pass by traffic being attracted to the future
commercial areas, then the developer shall mitigate the
impacts by constructing improvements to service the
anticipated pass by traffic volumes.
As part of the traffic study the developer shall also provide
an estimate that itemizes the cost of those improvements not
covered by the AOC or Mitigation fees which the developer is
responsible for paying a "Fair Share ".
85. Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road /Los Angeles Avenue (Payment of the
AOC fee shall represent payment "in full" of the applicants
fair share amount for this intersection. (SA- 5par2)
86. Prior to the issuance of a building permit for each
residential, commercial or industrial use within the bound -
aries-of the Amended Specific Plan, applicant shall pay City
25
the Tierra Rejada. /Spring Road Area of Contribution Fee (the
"AOC Fee "). The AOC Fee shall be the dollar amount in effect
at the time of the payment of the fee. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the
"fair share" amounts required by traffic mitigation measures
TC6, TC9, TC13 (cost of signal installation or modification at
Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of
signal installation at Moorpark Road /Tierra Rejada Road only)
and TC15 (cost of signal installation at "A" Street /Tierra
Rejada Road only), as described in the SEIR. (SA -6,7)
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the applicant would not have to pay the Area of
Contribution fee.
87. Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1 -1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. In areas of
longitudinal trenching, paving fabric shall be used to
prevent reflective cracking.
88. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
89. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as follows:
a. Sidewalks to be a minimum of five feet wide at all
points.
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
90. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
91. Special intersection treatment designs involving variations in
paving material, where major pedestrian and vehicular
circulation elements intersect, shall be approved by the
Director of Public Works and Director of .Community
Development. (SP -24)
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92. Lighting in areas adjacent to the natural open space portions
of the site shall be fully hooded and shielded to prevent
illumination of sensitive habitats. (EIR 2 -10, B5)
93. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvement, signalization, storm drain
improvements, sewer improvements, landscaping, parks, fencing,
bridges, etc.) or which require removal (i.e., model homes,
temporary debris basin, etc.) in a form acceptable to the
City. The subdivision surety agreement shall also include
provisions for all off -site improvements along the entire
frontage of Tract 4973 and other offsite improvements which
require mitigation as described herein.
94. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
95. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
UTILITIES
96. Utilities, facilities and services for the Carlsberg Specific
Plan Area will be extended and /or constructed in conjunction
with its phased development by the master developer as the
project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with V.C.W.W. Dist. No. 1 to construct the improvements
and the system will be dedicated to V.C.W.W.Dist. No. 1
for maintenance. (SP -13)
b. Prior to recordation of a final map, the City, Calleguas
Municipal Water District and Water District No. 1 shall
approve final plans for water distribution. Either the
subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards. (SP -13)
27
Other Utilities:
c. Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television to
the Carlsberg Specific Plan Project Area will be made
prior to development of the project area. All services
can be extended by each respective company to meet future
demands of the Carlsberg Specific Plan Project Area.
Natural gas service will be provided by Southern
California Gas. Electric service will be provided by
Southern California Edison. Telephone service will be
provided by Pacific Bell. Solid waste collection will be
provided by private companies as regulated by the City.
These services will be phased in conjunction with
development of the project area. (SP -14)
97. 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 Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City,,) in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
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 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.
98. As an option in place of the Surety Performance Bond
requirements, the applicant or his successors will be allowed
to record the Final Map if the applicant or his successors
agrees to have a subordinate lien to the benefit of the City
placed on the subject property.
99. Subdivider shall pay all County fees related to Computer -aided
Mapping System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
100. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
101. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety,health
and welfare.
102. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
103. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Road and Science Drive except for approved ac-
cess locations.
104. That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
105. The subdivider shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
106. Sufficient surety, as specified by the City Engineer,
guaranteeing all public improvements shall be provided. The
sureties shall remain in place for one year following
acceptance of the public improvements by the City.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
107. Grading may occur during the rainy season from October 15 to
April 15 if approved by the City of Moorpark and subject to
installation of debris and erosion control facilities.
wo
Erosion control measures shall be in place and functional
between October 15th and April 15th. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8,
HY3 & 4)
108. That prior to any work being conducted within the State,
County, or City right of way, the subdivider shall obtain all
necessary encroachment permits from the appropriate Agencies.
109. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and The City
Engineer.
110. All trucks importing or exporting fill to or from the Tract
shall use tarpaulins to cover the load and shall operate
between the hours of 9 a.m. to 5 p.m. on weekdays only. As an
option the haul material may be watered in lieu of covering.
(If approved by the City Engineer)
111. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
112. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
113. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
(If feasible water from the Arroyo shall be used), paving con-
struction roads and other dust prevention measures. The
applicant shall submit a dust control plan, acceptable to the
city, concurrently with submittal of the mass (as opposed to
the precise) grading plan. This plan shall include, but is
not be limited to the following measures (EIR 2 -14, A1):
a. Water all site access roads and material excavated or
graded on- or off -site to prevent excessive amounts of
dust. Watering shall occur at least two times daily,
preferably in the late morning and after the completion
of work for the day.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (15 mph or
greater in one hour). The contractor shall maintain
contact with the APCD meteorologist for current informa-
tion about average wind speeds.
c. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
30
d. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
e. Keep all grading and construction equipment on or near
the site, until these activities are completed.
f. Wash off heavy -duty construction vehicles before they
leave the site.
g. Apply nonhazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil- binding
plant to reduce wind erosion and its contribution to
local particulate levels.
h. Observe a 15 mile per hour speed limit for the con-
struction area.
i. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) which may have accumulated from
construction activities.
114. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. (EIR 2 -15, (A3)
115. Maintain equipment engines in good condition and in proper
tune as per manufacturers' specifications to prevent excessive
emissions. (EIR 2 -16, A4)
116. All diesel engines used in construction equipments should use
high pressure injectors. (EIR 2 -16, A5)
117. All diesel engines used in construction equipments should use
reformulated diesel fuel. (EIR 2 -16, A6)
118. During smog season (May - October) the city shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The city, at its discretion, may also limit construction
during Stage II alerts. (EIR 2 -16, A2)
119. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
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120. Construction. activities should be limited to weekdays and
Saturdays from 7:00 A.M. to 7:00 P.M. No construction
activities should occur on Sundays. (EIR 2 -19, N1)
121. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas.
The hauling plan must be identified as part of the grading
plan and approved by the City Engineer. (EIR 2 -19, N2)
122. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity
and residential areas. (EIR 2 -19, N3)
123. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
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 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.
125. The subdivider shall utilize all prudent and reasonable
measures (including a 6 foot high chain link fence around the
construction sites of buildings and structures, or as
determined by the City Engineer) to prevent unauthorized per-
sons from entering the work site at any time and to protect
the public from accidents and injury or provide on -site
security personnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
126. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
127. 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.
128. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
129. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
32
130. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
131. 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.
FIRE DEPARTMENT CONDITIONS
132. Prior to combustible construction, all weather access
road /driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
133. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (1316 ").
134. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
135. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
136. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
137. The private road(s) shall be named if serving more than two
(2) parcels or' is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District's Communications Center for review.
138. Street name signs shall be installed in conjunction with the
road improvements. The type of sign shall be in accordance
with Plate F -4 of the Ventura County Road Standards.
139. Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor _that the
purveyor can provide the required fire flow for the project.
33
140. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
141. Phase One of either TT4973 of 4974 shall complete Science
Drive from Los Angeles Avenue to Peach „Hill Road prior to
combustible construction.
142. All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
143. Connection of the two tracts shall require completion of
Science Drive to Tierra Rejada or the completion of Peach
Hill.
144. A fuel modification zone shall be maintained 100 feet wide.
VENTURA COUNTY WATERWORKS DISTRICT NO 1
GENERAL REQUIREMENT:
145. The developer shall enter into an agreement for the
construction of all water and sewer facilities, both on -site
and off -site, required for this development. The applicant
shall comply with the District's "Rules and Regulations" and
pay all applicable fees.
Tentative Tract Map No 4974 Conditions:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF
APPROVAL: SP(SPECIFIC PLAN), SEIR(SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT), OTHER REFERENCES ARE FROM
THE MITIGATION MONITORING PROGRAM FOR THE AMENDED
SPECIFIC PLAN
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
2. If the map is to record in phases. it shall be recorded in
phases consistent with the approved phasing plan in the
Specific Plan.
34
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. 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.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. 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.
7. 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.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendments, except as
provided in the Settlement Agreement dated September 7, 1994.
10. No asbestos pipe or construction materials shall be used
within this subdivision.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
35
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
12. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
CONCURRENT RECORDATION
13. Tract Map No. 4973 shall be recorded concurrently with Tract
Map No. 4974, or Tract Map No. 4974 shall record first.
DEVELOPMENT FEE
14. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the
boundaries of the Amended Specific Plan, the applicant shall
pay the City, except as provided in Section 12 of the
Settlement Agreement, a Development Fee as described herein
(the "Development Fee ") and any Capital Development Fee
adopted by the City Council on or before April 30, 1995 and
imposed on similar construction. The Development Fee may be
expended by the City in their sole and unfettered discretion.
On the effective date of the Settlement Agreement, the Fee
shall be $1,587 per residential unit and $4,443 per gross acre
of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing
on the first day of the month following the month in which the
36
Settlement Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5%) per month on the first day of the month ("monthly
indexing "). Institutional uses, whether or not exempt from
secured property taxes, shall be exempt from the fee.
The Development Fee for commercial and industrial uses is
intended to result in a total payment to the City of not less
than $324,339 on the effective date of the Settlement
Agreement and is based upon the assumption that seventy -three
(73) gross acres are subdivided into lots for SR /C or BP
usage, the Development Fee for commercial and industrial uses
shall be adjusted from $4,443 per gross acre to an amount per
gross acre that would result in a total payment of $324,339,
excluding the monthly indexing. The acreage shall be
determined from the Initial Map, as hereinafter defined in
this paragraph, or the Subsequent Map, as hereinafter defined
in this paragraph, which is in effect on the Adjustment Date.
The Adjustment Date shall mean the date upon which the first
building permit is issued for any commercial or industrial
uses within the boundaries of Tentative Tract Map No. 4785 or
a subdivision Map that is recorded in lieu of the Tentative
Tract Map 4785 (collectively the Initial Map) or the date upon
which the first subdivision map containing an SR /C or BP use
lot of ten (10) acres or less is recorded over all, or part
of, the Initial Map 4785 (the "Subsequent Map "), whichever
occurs first. The total amount of $324,339, as increased by
the monthly indexing, shall be paid in full to the City no
later than the tenth(10th) anniversary of the issuance of the
first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. The Initial Map and Subsequent Map shall be so
conditioned. (SA -5 &6)
PARK IMPROVEMENT FEE
15. As a condition of the issuance of a building permit for each
commercial or industrial use within the boundaries of the
Amended Specific Plan, the developer shall pay the City a fee,
in an amount set by resolution of the City Council, to be used
for park improvements within the City of Moorpark. The amount
of the fee shall be the same as that paid for other commercial
and industrial uses, but in no event shall the fee exceed
fifty cents ($.50) per square foot of gross floor area.
Institutional uses shall pay on the same basis as commercial
and industrial uses, except that institutional uses which are
exempt from secured property taxes shall be exempt from the
fee. (SA -5)
Grading
16. Every effort shall be made to use reclaimed water to irrigate
37
temporary erosion control landscaping and for dust control of
grading operations. Sufficient proof shall be given to the
Director of Community Development that using reclaimed water
is physically or economically not feasible prior to the
Director's decision to dispose with this condition.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation unless otherwise approved by the Director
of Community Development. Temporary irrigation must be
replaced with permanent irrigation prior to issuance of a
Zoning Clearance for the first building, unless drought -
tolerant plants selected do not require irrigation.
18. Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994.
19. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition
of graded and natural slopes, while preserving the basic
character of the site.
20. Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes.
21. Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope.
22. Grading shall emphasize scenic vistas to the open space areas.
23. Concrete drainage structures shall be tan colored concrete
and, to the extent possible, shall incorporate natural
structure and landscape to reduce their visibility.
Landscaping
24. Prior to grading permit approval 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 Specific Plan and the City of
Moorpark Guide to Landscape Plans, and shall be submitted to
the Director of Community Development for review and approval.
All streetscape landscaping shall be completed within 90 days
Of completion of the related course street base.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the owners' association, maintenance
M
district, or similar entity.
b. 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 three (3) feet or more in height, and to replace
mature trees lost as a result of construction.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
inspection prior to final inspection of the Grading
Permit or prior to occupancy if the slope is within a
residential lot.
e. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits shall be consistent with
the Specific Plan and are subject to approval of the
Director of Community development.
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or ash close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan
unless drought tolerant plants do not require irrigation.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping until such time as
a owners' association, maintenance district, or similar
entity accepts the responsibility.
j. Prior to Owners' Association, maintenance district's, or
similar entity's acceptance of responsibility for the
landscaping, the subdivider shall replace any dead plants
and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
subdivision.
k. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas.
1. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
subdivider shall record a covenant to this effect).
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
n. The subdivider shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all slope areas adjacent to roadways that are
proposed to be landscaped.
o. The use of native and /or drought - tolerant shrubs and
trees shall be utilized for landscaping purposes in order
to stabilize graded slopes and encourage the return of
some wildlife species displaced from the project site as
a result of grading activities.
p. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
used.
q. Prior to recordation, the final parcel map shall indicate
all landscape planting and maintenance easements. Said
easement shall encompass all man -made slopes adjacent to
said lots.
Dedication of Park
25. Prior to recordation, the applicant at its sole cost and
expense shall offer to dedicate the park land and natural
preserve land to the City of Moorpark as shown on the Amended
Specific Plan Exhibit No. 7. The applicant shall make
improvements and shall provide maintenance as specified in the
Specific Plan and Settlement Agreement.
40
Utility Agency Requirements
26. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees. '
27. Prior to approval of a Final Map, 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 water or sewer service.
28. 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.
29. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Requirement for Wildlife Guzzler
30. Based on the recommendation of a qualified biologist, the
subdivider shall install a wildlife guzzler in the open space
within the site for wildlife, as recommended by a qualified
biologist in either Tract 4973 or Tract 4974. All plans for
the guzzler shall be reviewed and approved by the City prior
to issuance of grading permits.
Fees. Contributions and Deposits
31. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review. .
41
32. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
33. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, Plaintiffs shall pay-City
a mitigation fee (the "Mitigation Fee "). The Mitigation Fee
shall be Two Thousand Dollars ($2,000) per residential unit.
The Mitigation Fee shall be Eleven Thousand Two Hundred
Dollars ($11,200) per gross acre of the Sub -
Regional /Commercial (SR /C) or Business Park (BP) lot on which
the commercial or industrial use is located. Commencing on
January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect
the change in the Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of the
Engineering News Record that is available on December 31st of
the preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses
shall- pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA -7)
34. The Mitigation Fee for commercial and industrial uses is
intended to result in a total payment to City of not less than
$817,600 and is based upon the assumption that seventy -three
(73) gross acres will be developed with SR /C and /or BP uses;
to wit: $817,600 + 73 gross acres = $11,200 per gross acre.
If, on the Adjustment Date, as hereinafter defined in this
paragraph, more or less than 73 gross acres are subdivided
into lots for SR /C and /or BP usage, the Mitigation Fee for
commercial and industrial uses shall be adjusted from $11,200
per gross acre to an amount per gross acre that will result in
the total payment of $817,600; provided, however, if the
Adjustment Date occurs on or after January 1, 1997, said total
payment amount shall be subject to the annual indexing, but in
no event shall it be decreased below the original dollar
amount specified herein. The acreage shall be determined from
the Initial Map, as hereinafter defined in this paragraph, or
the Subsequent Map, as hereinafter defined in this paragraph,
which is in effect on the Adjustment Date. The Adjustment
Date shall mean the date upon which the first building permit
is issued for any commercial or industrial use within the
boundaries of Tract Map 4785 or a subdivision map that is
recorded in lieu of Tentative Tract Map 4785 (collectively the
"Initial Map ") or the date upon which the first subdivision
map containing an SR /C or BP lot of ten (10) acres or less is
recorded over all, or a part of, the Initial Map-4785 (the
"Subsequent Map "), whichever occurs first. The total amount
W
of $817,600, as may be increased by the annual indexing, shall
be paid in full to City no later than the tenth (10th)
anniversary of the issuance of the first building permit for
any commercial or industrial use within the boundaries of the
Initial Map or the tenth ( 10th) anniversary of the issuance of
the first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. (SA -7 &8)
35. The City of Moorpark, in their sole and unfettered discretion,
may elect not to collect the Mitigation Fee. In the event of
such election, Plaintiffs shall be responsible for all costs
for traffic mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound
ramps /Tierra Rejada Road only) and TC17, as described in the
SEIR. Prior to the issuance of the first building permit
within the boundaries of the Amended Specific Plan, Plaintiffs
shall make a written request of Defendants that they decide
whether or not to make the election, and Defendants shall
notify Plaintiffs of their decision within thirty (30) days
after receipt of the request. (SA -8)
The Mitigation Fee, if collected, may be expended by
Defendants in their sole and unfettered discretion; provided,
however, payment of the Mitigation Fee represents payment in
full of the "fair share" amounts required by traffic
mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada
Road only), TC14 (cost of signal installation or modification
at State Route 23 southbound ramps /Tierra Rejada Road only)
and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in
full or in part, of certain traffic mitigation measures
described in the SEIR that will be installed by others but for
which Plaintiffs are required'to pay "fair share" amounts to
City. The "fair share" amounts shall be determined by the
following percentages applied to the actual costs of said
installations: TC7 (48%), TC10 (34 %) and TC11 and TC13
(signal modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
The remaining traffic mitigation measures described in the
SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements
rather than the 63% provided for in the SEIR), TC5, TC8, TC13
( signal at Science Drive /New Los Angeles Avenue only) and TC15
(signal at "A" Street / "B" Street only) shall be installed by
Plaintiffs at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra
Rejada westbound and eastbound lanes identified in the SEIR
43
have been constructed by City (the "Widening Project ").
Plaintiffs shall have no financial obligation with respect to
the Widening Project except as provided in this Agreement;
provided, however, Conejo shall complete frontage improvements
on the north side of Tierra Rejada Road adjacent to the
property described in Exhibit B, including, but not limited
to, approximately eight ( 8 ) feet of paving, striping, curb and
gutter, sidewalk, drainage, parkway landscaping and signage,
no later than the issuance of the first occupancy permit
within the boundaries of the property described in Exhibit
"B ". (SA -9)
36. Other fees are listed under the heading "City Engineer
Department Conditions."
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
GENERAL
37. All areas to be commonly maintained, as determined by the
City, shall be designated as separate lettered lots on sub-
division maps.
38. Recorded phased final maps of each Lot within the Master
Tentative Tract Map(s) shall be permitted. Additional
tentative tract subdivision maps of the Lots are to be filed
subsequent to or concurrent with the Master Tentative Tract
Maps.(SP -62)
39. The applicant shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
40. Graded slopes, visible from off -site to the west shall be
hydroseeded immediately upon completion consistent with the
landscape concept plan. The city shall specify alternate
deadlines for completion of all hydroseeding based on the
grading schedule. (EIR 2 -5, Tl)
41. Concurrent with submittal of the rough grading plan an
erosion, debris /siltation and dust control plan shall be sub-
mitted to the City for review and approval by the City
Engineer. Along with these control measures, hydroseeding and
temporary irrigation shall be provided on all graded slopes
within 30 days of completion of grading on those slppes. (EIR
2 -7, HY1)
44
42. All on -site haul routes shall be approved by the City Engineer
and clearly marked on the grading plan. All areas where
grading is not allowed shall be clearly shown on the grading
plans (all sheets). On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre -
grading meeting.
43. All off -site import /export operations, requiring an excess. of
12 total trucks loads, shall require Council approval prior to
the issuance of a grading permit.
44. The applicant shall submit to the City of Moorpark for review
and approval, detailed Soils and Geology Reports certified by
a Registered Civil Engineer in the State of California. The
geotechnical report shall include an investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
Note: Review of the soils and geology report by the City's
consultant.may be required by the City Engineer. If so, the
applicant shall reimburse the City for all costs including the
City's administrative and overhead costs.
45. All recommendations included in the geotechnical and geology
reports 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.
46. All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council.
Development of Planning Areas D & I will require a combined
grading plan. Planning Area C will be graded as one project.
Planning Area A is also to be graded as one project, however,
import of dirt from Area D prior to final grading is
permitted. (SP -16)
47. The subdivider shall indicate in writing to the City the dis-
position of any water well(s) or any other well that may exist
within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements.
48. The maximum gradient for any slope shall not exceed a 2:1
slope- inclination except where special circumstances exist.
45
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development. (SP -12 2.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided. (SP -11 b.) Contour grading of all
slopes shall be provided to the satisfaction of the Director
of Community Development and the City Engineer.
49. No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U.S. Army Corps of Engineers.
50. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2 -6 T9)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first.
51. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
(EIR 2 -6, T10, SP- 12.h.)
52. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet. (SP- 12.k.)
53. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
OR
similar entity is established for maintenance of such
downslopes. (SP- 12.1.)
54. Interior slopes between manufactured building pads shall be
designed with up -slope property lines. (SP- 13.m.)
55. To further reduce direct and indirect impacts to the Orcutt
grass and seasonal pool, no development (with the exception of
drainage control features) shall occur within 100 feet of *the
upper limits of the seasonal pool. (EIR 2 -9, B1)
56. To reduce the impacts to the cactus wren, the applicant shall
offset the loss of the cactus phase of the coastal sage scrub
on the site. (As shown in the Environmental Impact Report,
Figure 22, dated 10- 12 -94)
All areas of impact to the coastal sage scrub shall be
delineated on the grading plan. All areas in which
revegatation efforts will occur shall also be identified and
provisions to protect the revegatation area shall be included
within the grading plan as approved by the Director of
Community Development. (EIR 2 -9, B2)
57. When water is present in the seasonal pool, it shall not be
artificially drained or otherwise subjected to disturbance.
Biological methods for mosquito control shall be utilized,
including introduction of mosquitofish or the use of Bacillus
thuringiensis /israelensis (Bt), a commercially - available
biological control which is specific for mosquito larvae. (EIR
2 -9, B3)
58. Prior to the issuance of grading permits, the tree survey and
mitigation program shall be reviewed and approved by the
Director of Community Development. Preservation,
transplanting and planting of oak trees or other significant
trees and /or plants shall be considered.
The grading plans shall be prepared, utilizing the above in-
formation, and shall depict the methods used during grading
operations which minimizes, to the extent possible, impacts or
disruptions to said trees.
When it is determined which trees will be preserved, the
following guidelines shall apply. (SP -28.5)
a. Design
i. Grading and /or the placement of structures shall be
prohibited within the dripline or three feet from
the trunks of the tree, whichever is greater.
Grading and trenching within this area is to be
prohibited. No fill material shall be placed
47
within this area.
ii. No type of surface, either pervious or impervious,
shall be placed within a six -foot radius of tree
trunks. These areas shall remain uncovered and
natural.
iii. Alternative pervious types of paving such. as
gravel, redwood chips, porous brick with sand
joints, etc. shall be utilized.
iv. Retaining walls shall be used to protect existing
grades within the driplines of trees. However,
these walls shall not alter drainage from around
trees.
V. Drainage shall be directed away from tree trunks to
ensure that water will not stand at'the crown. To
avoid drowning trees, water shall not be allowed to .
pond or collect within the dripline.
b. During Construction
i. Trees within a construction area shall be protected
from damage by equipment by installing temporary
barriers such as fencing at the dripline.
ii. Equipment, debris, building materials and /or excess
soil shall not be stored within the dripline.
Trenches for utilities or irrigation shall be
routed around the dripline where possible.
iv. When not restricted by local building codes only
one trench shall be dug to accommodate all
utilities for lots. Where necessary, the roots
shall be carefully pruned by a specialist in
proportion to the total amount of root zone lost.
The boring of a conduit for underground utilities
shall be used where possible.
V. The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
59. With respect to the screening requirements found in the
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
which shall be exempt from these screening requirements: (SP-
50.1)
a. Graded berms which are constructed to act as a
screen, as required by the Specific Plan, shall be
.•
installed along all parking areas abutting any
street. Except as otherwise provided below, the
screening (berms or walls) shall have a maximum
height of three and one -half (3 -1/2) feet.
b. Where the finished elevation of the property is
lower than an abutting property or street, appro-
priate landscape screening shall be employed- to
screen structures /parking areas.
C. A screen as referred to above shall consist of one
or any combination of the following:
1) Walls, including retaining walls: A wall
shall consist of stone, tile or similar type
of solid masonry material a minimum of eight
(8) inches thick.
2) Berms: A berm shall be constructed of earthen
materials and it shall be landscaped. A berm
shall be a minimum of three (3) feet high.
60. 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 exceeding 4 feet
in height are adjacent to sidewalk. The developer shall use
the City's standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development.
STORM RUN -OFF
61. The storm drain system will be designed to accommodate 100 -
year storm flows. (SP -13)
62. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City. (EIR 2 -7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development:
HN
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 100 -year frequency storm;
(SP -13)
C. All catch basins shall carry a 100 -year storm; (SP -13)
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all streets shall be
provided with -a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50, 100 & 500
year flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices 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 parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association or as
required by the City Engineer;
50
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point'of
discharge, subject to review and approval of the City
Engineer.
* This hydraulic /hydrology study shall analyze the
hydraulic capacity of the Arroyo Simi with and without
the storm drain system for the proposed development. The
applicant shall be responsible for obtaining Ventura
County Flood Control District approval of the analysis of
this system, as it relates to the downstream capacity,
and shall make any downstream improvements, required by
Ventura County Flood Control, to support the proposed
development of Tract 4973.
63. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
64. 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 the 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 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.
65. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
(EIR 2 -8, HY6)
51
66. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved in the Specific Plan and approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities
must also be acceptable to the Ventura County Public Works
Agency. (EIR 2 -7, HY3)
67. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance
district to maintain any private storm drainage systems.
STREET IMPROVEMENTS
68. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
Post sufficient surety guaranteeing the construction of the
improvements.
The street improvements shall include concrete curb and
gutter, sidewalk, median(s), street lights, traffic signals,
striping and signing, traffic control, paving, and any
necessary transitions to the satisfaction of the City Engi-
neer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate the necessary right -of -way to make
all of the required improvements.
The applicable Ventura County Road Standard Plates are as
follows and have been modified to conform to the cross
sections shown on Exhibit 9 of the Carlsberg Specific Plan
dated 9 -7 -94 or as otherwise provided in the Settlement
Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and
timing for construction of all improvements and or payments
for improvements.)
Spring Road
69. Spring Road, south of Peach Hill Road shall, be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "A" of Exhibit 9 of the. Carlsberg
Specific Plan (revised 9- 7 -94).
South of Peach Hill Road the sidewalk will be built within the
thirty -two (32) foot landscaped parkway at a location
determined by the City as shown on the approved landscape
plans. (SP -25 4.c)
70. Prior to the issuance of the first zone clearance for
occupancy for Areas A, C, D or I, the 94 foot right -of -way for
Spring Road adjacent to the Conejo Freeway Properties, Ltd's
west property boundary extending from APN 500-0-350-36 *to
Tierra Rejada Road will be dedicated to the City. Prior to
the issuance of the zone clearance for occupancy of the 55th
residential unit in Area D, Spring Road improvements south of
Peach Hill Road to Tierra Rejada Road will be completed. (SP-
16 3.b. par. 3)
Science Drive
71. Science Drive south of Peach Hill Road shall 'be per Ventura
County Standard Plate B -2A with a modified 104 foot right -of-
way per cross section 11B -1" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
Science Drive, from 600 feet South of Los Angeles Avenue to
Tierra Rejada Road, will feature enhanced twenty (20) foot
landscape parkways, including eight (8) foot sidewalks located
on the east and west sides within the one hundred four (104)
foot extended right -of -way.
72. Science Drive, including Peach Hill intersection, is to be
constructed from Peach Hill Road to Tierra Rejada Road prior
to issuance of the first zone clearance for occupancy for
residential units in either Planning Areas A, C or D (TC3).
North leg intersection improvements at Science Drive and
Tierra Rejada Road shall be required at this time as well
(TC4).
The developer is to fully construct the Science Drive /Peach
Hill Road Intersection and provide northbound left -turn lane,
northbound through lane, southbound through lane, southbound
right -turn lane, eastbound left -turn lane, and eastbound
right -turn lane. (EIR 2 -11, TC3)
73. Signalization Improvements, if determined necessary at the
time of subdivision (warrant study), at Peach Hill Road shall
be completed prior to the issuance of zone clearance for
occupancy of the 227th residential unit in Planning Area B or
issuance of the zone clearance for occupancy on the 37th acre
Of SR /C /BP Area.
The City may elect to defer the need for intersection
signalization at the Science Drive /Peach Hill Road
intersection by having the developer, at the developer's sole
53
cost and expense, conduct a warrant study prior to the
issuance of zone clearance for occupancy of the 227th and
552nd residential unit within the Amended Specific Plan Area.
Should there be no warrant for signal installation by the time
a zone clearance for occupancy on the 227th and 552nd (or last
residential unit) within the Specific Plan Area, then the City
may elect to release the developer from their obligation to
construct this signal.
74. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific plan. No other
median breaks are allowed unless approved by the City
Engineer.
75. The developer is to fully construct the north leg of
intersection of Science Drive /Tierra Rejada Road and provide
westbound right -turn lane, eastbound left -turn lane,
southbound left -turn lane, and southbound right -turn lane
(project share 100 percent) (EIR 2 -11, TC4, SA- pg. 9 par. 1) .
Tierra Rejada Road
76. Tierra Rejada Road adjacent to Tract 4974 shall be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "F" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
Tierra Rejada Road street improvements including westbound
right -turn lane at the Science Drive and Spring Road
intersections and northside improvements shall also include,
but not be limited to, approximately eight (8) feet of
additional paving, striping, curb and gutter, sidewalk,
drainage, parkway landscaping and signage. (SA -9, par. 1)
These north side improvements, east of the Spring Road
intersection, shall be constructed prior to issuance of the
first zone clearance for occupancy for residential units in
Areas A, C or D. (TC4, SA -9 par. 1)
Other:
77. Traffic signals at the following intersections shall be either
installed or modified; Spring Road /Tierra Rejada Road,
Moorpark Road /Tierra Rejada Road and Science Drive /Tierra
Rejada Road shall be installed or modified prior to the
issuance of the first zone clearance for occupancy within the
Conejo Freeway Properties ownership (Planning Areas A, C, D
and I (TC13., TC14., TC15. and TC16).
78. Developer shall contribute their fair share to the construc-
tion of the Moorpark Road /Tierra Road intersection, to the
extent that the following improvements exceed the AOC widening
of Tierra Rejada Road; cost to add second westbound left -turn
54
lane, second northbound right -turn lane, eastbound right- turn
lane, and provide northbound right -turn overlap with the
westbound left -turn overlap as part of signal installation
(project share is 48 %).
79. The applicant shall include a bus stop or stops in the final
street improvement plans and provide for their construction,
near Science Drive along New Los Angeles Avenue, to service
the commercial areas of the project. (EIR 2 -16, A8)
The final location of the bus route and facilities shall be
approved by the Director of Community Development.
80. The developer shall adhere to Business and Professions Code
8771 which requires that all monuments be located and tied out
prior to any construction or relocation of a street.
The surveyor shall certify on the proposed street improvement
plans that all recorded monuments in the construction area
have been located and either protected in place or replaced
pursuant to State Assembly Bill 1414.
81. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
82. The subdivider shall provide slope easements for road main-
tenance purposes only along all roads where the top of cut
plus 5 feet or the toe of fill plus 5 feet is beyond the dedi-
cated right of way. Said slope easements shall include the
area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
Trail Easements and Improvements
83. The final map shall indicate the location of all trail
easements. The minimum widths of said easements shall be 12
feet. The trail easements shall be offered for dedication to
the City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
the estimated cost of the improvements. Once the trails have
been built, the owners' association, maintenance district, or
similar entity shall be responsible for maintaining the
trails. Trails shall be approved by the City Council and
shown on the final map prior to recordation. The developer
shall enter into an agreement with the City to assure the
maintenance responsibilities are conferred to the owners,
association, maintenance district or other entities as
described within this condition.
55
84. The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973. The plan shall provide
for all trails to be completed upon completion of the
neighborhood park area.
85. The developer shall provide that the site /grading and im-
provement plans assure pedestrian and bikeway access between
all ,bus stops and bicycle paths, respectively; and adequate
on -site development of such. (EIR 2 -16, A9)
86. State Route 23 northbound ramps /Tierra Rejada Road: Applicant
to pay fair share of the costs (potentially through Proposi-
tion 111, Congestion Management Program) to convert the shared
northbound left -turn lane /northbound right -turn lane to north-
bound right -turn lane, and to add second northbound left -turn
lane and second northbound right -turn lane. Note: These im-
provements are required to mitigate "no- project" as well as
"with- project" conditions. Payment of the Mitigation fee as
described in the Settlement Agreement shall represent payment
of the applicants "fair share". (EIR 2 -13, TC12, SP -18 par. 1)
87. The developer shall improve the Science Drive /Los Angeles
Avenue intersection to provide the intersection with a minimum
Level Of Service (LOS) of C. An addendum to the existing
traffic study shall analyze the proposed improvements and
indicate the Level Of Service that the modified improvements
will be provide.
As part of the traffic study the developer shall also provide
an estimate itemizing the cost of all improvements not covered
by the AOC or Mitigation fees which the developer is
responsible for paying on a "Fair Share" basis.
88. Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road /Tierra Rejada Road, (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA -7 par.
2) .
89. Applicant to pay fair share of the costs to improve State
Route 23 northbound and southbound ramps /Tierra Rejada Road
(Payment of the Mitigation fee as described in the Settlement
Agreement shall represent payment of the applicants "fair
share" (EIR 2 -13 TC12, SA -8, SP -18 par. 1)
90. Applicant to pay fair share of the costs for the signal
installations at Moorpark Road /Tierra Rejada Road (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA -7 par.
2, EIR 2 -13 TC14)
56
91. Applicant to fully install the signals at Science Drive /Tierra
Rejada Road (Payment of the AOC fee shall represent payment
"in full" of the applicants fair share amount for this
intersection. (SA -7 par. 2, EIR 2 -13, TC15)
92. The project developer shall contribute a fair share to
improvements to County roadways or related facilities (cost of
signal installation or modification at State Route 23 sogth-
bound ramp /Tierra Rejada Road only) if a reciprocal agreement
between the County of Ventura and the City of Moorpark
addressing said matter is approved. (Payment of the Mitigation
fee as described in the Settlement Agreement shall represent
payment of the applicants "fair share ").(SP -18, TC -14, TC -17)
93. Prior to the issuance of a building permit for each residen-
tial, commercial or industrial use within the boundaries of
the Amended Specific Plan, applicant shall pay City the Tierra
Rejada /Spring Road Area of Contribution Fee (the "AOC Fee ") .
The AOC Fee shall be the dollar amount in effect at the time
of the payment of the fee. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property
taxes shall be exempt from the fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the
"fair share" amounts required by traffic mitigation measures
TC6, TC9, TC13 (cost of signal installation or modification at
Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of
signal installation at Moorpark Road /Tierra Rejada Road only)
and TC15 (cost of signal installation at "A" Street /Tierra
Rejada Road only), as described in the SEIR. (SA -6 &7)
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the applicant would not have to pay the Area of
Contribution fee.
94. Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1 -1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. The final
1 -1/2 inches cap of asphalt shall be placed after all
necessary trenching is completed. In areas of longitudinal
trenching, paving fabric shall be used to prevent reflective
cracking.
95• Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
57
96. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as provided in the Specific Plan and as
follows.
a. Sidewalks to be a minimum of five feet wide at all
points.
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
97. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
98. Special intersection treatment designs involving variations in
paving material, where major pedestrian 'and vehicular
circulation elements intersect, shall be approved by the
Director of Public Works and Director of Community Develop-
ment. (SP -24 4. par. 3)
99. Lighting in areas adjacent to the natural open space portions
of the site shall be fully hooded and shielded to prevent
illumination of sensitive habitats. (EIR 2 -10, B5)
100. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvement, signalization, storm drain
improvements, sewer improvements, landscaping, parks, fencing,
bridges, etc.) or which require removal (i.e., model homes,
temporary debris basin, etc.) in a form acceptable to the
City. The subdivision surety agreement shall also include
provisions for all off -site improvements along the entire
frontage of Tract 4973 and other offsite improvements which
require mitigation as described herein.
101. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
102. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
UTILITIES
103. Utilities, facilities and services for the Carlsberg Specific
Plan Area will be extended and /or constructed in conjunction
with its phased development by the master developer as the
project proceeds.
O'3
a. Water & Sewer
The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with V.C.W.W. Dist. No. 1 to construct the improvements
and the system will be dedicated to water works District
No. 1 for maintenance. (SP -14)
b. Prior to recordation of a final map, the City, Calleguas
Municipal Water District and Water District No. 1 shall
approve final plans for water distribution. Either the
subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards. (SP -13)
C. Other Utilities:
Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television to
the Carlsberg Specific Plan Project Area will be made
prior to development of the project area. All services
can be extended by each respective company to meet future
demands of the Carlsberg Specific Plan Project Area.
Natural gas service will be provided by Southern
California Gas. Electric service will be provided by
Southern California Edison. Telephone service will be
provided by Pacific Bell. Solid waste collection will be
provided by private companies as regulated by the City.
These services will be phased in conjunction with
development of the project area. (SP -14)
104. 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 Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
59
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 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.
105. As an option in place of the Surety Performance Bond re-
quirements, the applicant or his successors will be allowed to
record the Final Map if the applicant or his successors agrees
to have a subordinate lien to the benefit of the City placed
on the subject property.
106. Subdivider shall pay all County fees related to Computer -aided
Mapping System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
107. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
108. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety,health
and welfare.
109. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
110. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Road and Science Drive except for approved ac-
cess locations.
111. That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
AN
112. The subdivider shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
113. Sufficient surety, as specified by the City Engineer, guar-
anteeing all public improvements shall be provided. The
sureties shall remain in place for one year following accep-
tance of the public improvements by the City.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
114. Grading may occur during the rainy season from October 15 to
April 15 if approved by the City of Moorpark and subject to
installation of debris and erosion control facilities.
Erosion control measures shall be in place and functional
between October 15th and April 15th. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8,
HY3 & 4)
115. That prior to any work being conducted within the State,
County, or City right of way, the subdivider shall obtain all
necessary encroachment permits from the appropriate Agencies.
116. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and The City
Engineer.
117. All trucks importing or exporting fill to or from the Tract
shall use tarpaulins to cover the load and shall operate
between the hours of 9 a.m. to 5 p.m. on weekdays only. As an
option the haul material may be watered in lieu of covering.
(If approved by the City Engineer)
118. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
119. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
120. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
(If feasible water from the Arroyo shall be used) , paving con-
struction roads and other dust prevention measures. The
applicant shall submit a dust control plan, acceptable to the
61
city, concurrently with submittal of the mass (as opposed to
the precise) grading plan. This plan shall include, but is
not be limited to the following measures: (EIR 2 -14, A -1)
a. Water all site access roads and material excavated or
graded on- or off -site to prevent excessive amounts of
dust. Watering shall occur at least two times daily,
preferably in the late morning and after the completion
of work for the day.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (15 mph or
greater in one hour). The contractor shall maintain
contact with the APCD meteorologist for current informa-
tion about average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts'of dust.
d. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
e. Keep all grading and construction equipment on or near
the site, until these activities are completed.
f. Wash off heavy -duty construction vehicles before they
leave the site.
g. When appropriate, seed exposed surfaces with a fast -
growing, soil - binding plant to reduce wind erosion and
its contribution to local particulate levels.
h. Observe a 15 mile per hour speed limit for the con-
struction area.
i. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) which may have accumulated from
construction activities. (EIR 2 -14, Al)
121. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. (EIR 2 -15, A3)
122. Maintain equipment engines in good condition and in proper
tune as per manufacturers' specifications to prevent excessive
emissions. (EIR 2 -16, A4)
123. All diesel engines used in construction equipments should use
high pressure injectors. (EIR 2 -16, A5)
62
124. All diesel engines used in construction equipments should use
reformulated diesel fuel. (EIR 2 -16, A6)
125. During sm:jg season .(May- October) the city shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The city, at its discretion, may also limit construction
during Stage II alerts. (EIR 2 -16, A2)
126. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
127. Construction activities should be limited to weekdays and
Saturdays from 7:00 A.M. to 7:00 P.M. No construction
activities should occur on Sundays. (EIR 2 -19, N1)
128. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas.
The hauling plan must be identified on the grading plan and
approved by the City Engineer. (EIR 2 -19, N2)
129. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity
and residential areas. (EIR 2 -19, N3)
130. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
131. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Con -
struction Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these
agencies.
132. The subdivider shall utilize all prudent and reasonable
measures (including a 6 foot high chain link fence around the
construction sites of buildings and structures, or as
determined by the City Engineer) to prevent unauthorized per-
sons from entering the work site at any time and to protect
the public from accidents and injury or provide on -site
security personnel.
63
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
133. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
134. 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.
135. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
136. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
137. A drainage swale shall be constructed behind the existing
slough wall located on the south side of Peach Hill Road. The
swale shall empty into an drainage device as approved by The
City Engineer.
138. 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.required before a final inspection will be
scheduled.
FIRE DEPARTMENT CONDITIONS
139. Prior to combustible construction, all weather access
road /driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
64
140. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (131611).
141. Approved :turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
142. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
143. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
144. The private road(g) shall be named if serving more than two
(2) parcels or is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District's Communications Center for review.
145. Street name signs shall be installed in conjunction with the
road improvements. The type of sign shall be in accordance
with Plate F -4 of the Ventura County Road Standards.
146. Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project.
147. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
148. Phase One of either TT4973 of 4974 shall complete Science
Drive from Los Angeles Avenue to Peach Hill Road prior to
combustible construction.
149. All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
150. Connection of the two tracts shall require completion of
Science Drive to Tierra Rejada or the completion of Peach
Hill.
151. A fuel modification zone shall be maintained 100 feet wide.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
152. The developer shall enter into an agreement for the
construction all water and sewer facilities, both on -site and
off -site, required for this development. The applicant shall
65
comply with the District's "Rules and Regulations" and pay all
applicable fees.
153. The applicLn.t shall reserve an area, within the open space,
for construction of water storage reservoirs. This area shall
be transferred to Ventura County Water Works District No. 1
by separate deed.
The action of the foregoing direction was approved by the
following roll vote:
AYES: Commisssioner's Torres, Martens, May, Miller, Acosta
NOES:
PASSES, APPROVED, AND ADOPTED 30 DAY OF TOBER, 1995.
John Torres
Tanning Commission Chairman
ATTEST:
Celia La Fleur
Secretary
..
CITY OF MOORPARK
PLANNING COMMISSION
STAFF REPORT
October 4, 1995
SECTION I - GENERAL INFORMATION
A. HEARING DATE: B. HEARING TIME:
October 9, 1995 7:00 p.m.
C. HEARING LOCATION: D. CASE NUMBERS:
City Council Chambers Vesting Tentative Tract
799 Moorpark Avenue Nos. 4973 and 4974
Moorpark, California
E. STAFF CONTACT: E. APPLICANT:
Paul Porter C.T. Financial, a General
Senior Planner Partnership by Carlsberg
Financial Corporation
2800 28th St, Suite No. 200
Santa Monica, California
G. PROPOSED PROJECT:
The proposed Vesting Tentative Tract Maps are for large lot
subdivisions which correspond to the approved land use
designations of the Amended Carlsberg Specific Plan. Vesting
Tentative Tract Map No. 4973, which consists of the northern
portion of the Specific Plan, contains the following lots:
Vesting Tentative Tract Map No. 4973
Lot No.
Acres
Planning Area
Lot 1
29.0
SR /C /BP
Lot 2
11.0
SR /C /BP
Lot 3
89.8
Area B
Lot 4
33.0
SR /C /BP
OS -1
25.3
Natural Park
9.0
OS -2
7.4
PP09:26 :95 111:52aM:\RBPORT.PC 1
EXHIBIT 3
Vesting Tentative Tract Map No. 4974, which consists of
the southern portion of the Amended Carlsberg Specific
Plan, contains the following lots:
Vesting Tentative Tract Map No. 4974
Lot
No.
Acres
Planning Area
Lot
1
82.2
Area C
Lot
2
57.4
Area D
Lot
3
3.0
Area I
Lot
4
4.0
Area I
Lot
5
110.3
Area A
H. PROPOSED LOCATION:
The proposed subdivisions project site is located in the
southeastern portion of the City of Moorpark. The cities of
Thousand Oaks to the south and Simi to the east are located
approximately six miles from the project site. The site is
bounded by New Los Angeles Avenue and Arroyo Simi to the
north, Spring Road to the west, Tierra Rejada to the south,
and the Moorpark Freeway (State Highway 23) to the east.
Assessor's Parcel No(s) .: 500- 35 -15, 500- 35 -33, 512- 15 -60, and 513-
05-11, 500 -35 -034 and 500 -35 -041
SIMI -SAN FERNANDO
VALLEY FWY.
OSLO 00����
QPOPS � �
LOS ANGELES AVE.
NEW LOS ANGELES AVE.
PP09:26:95 111:52amA:\R8P0RT.PC 2
I.
J.
R.
A.
PROJECT COMPLETION AND PROCESSING EXPIRATION DATE:
Project Complete: October 4, 1995
Processing expiration date: January 4, 1996
REQUESTED ACTION AND STAFF RECOMMENDATION:
1. Open the public hearing and accept public testimony.
2. Determine that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg
Specific Plan and the environmental effects of these
proposed subdivisions are sufficiently similar to warrant
the reuse of the Subsequent EIR.
3. Make the appropriate findings ( Exhibit No. 1) for each of
the entitlements requested by the applicant.
4. Direct staff to prepare resolutions recommending approval
of the requested Tentative Tract Maps as amended for
presentation at the Planning Commission's next regular
meeting of October 23, 1995.
ALTERNATE RECOMMENDATIONS TO THE CITY COUNCIL:
Deny Vesting Tentative Tract Map Nos. 4973 and 4974.
SECTION II - PROJECT SITE BACKGROUND
PROJECT SITE HISTORY:
The City Council approved the Carlsberg Specific Plan dated on
October 30, 1990 and on November 7, 1990 adopted Resolution
No. 90 -714. On February 6, 1991, the City Council adopted
Ordinance No. 136 rezoning the property from RE, RE -lac and
RPD 1.6u to C -P -D (SP), M -1 (SP), O -S (SP), R -A (SP), RPD lu
(SP), RPD 2u (SP), RPD 3u (SP), and RPD 5u (SP). The
Community Design Plan and the Development Standards as
described in the Carlsberg Specific Plan were adopted by the
City Council (Resolution No. 138) on February 20, 1991.
Modifications to the Zoning designation of the property
described in the Amended Carlsberg Specific Plan dated
September 7, 1994 was approved by the City Council and the
Subsequent Environmental Impact Report was certified by the
City Council on September 7, 1994.
On September 21, 1994, the City Council adopted regulations in
the Zoning Ordinance which act as the controlling mechanism of
the implementation of development within the Amended Carlsberg
Specific Plan area. The standards set forth in the Ordinance
ensure that future development proceeds in a coordinated
manner consistent with the goals and policies of the Amended
PP09:26:95 111:52amA:\RBPORT.PC 3
Carlsberg Specific Plan an
The standards apply to
business park, commercial,
B. EXISTING SETTING:
d the City of Moorpark General Plan.
development of all residential,
institutional and open space areas.
The project site ranges in elevation from 520 to 920 feet and
is characterized by a variety of topographic features. The
southern portion of the site consists of a relatively flat
alluvial plane overlooking the Tierra Rejada Valley and
transitions into two prominent peaks in the southeast and
southwesterly portion of the site. The terrain then descends
in a northerly direction to a mid -sized arroyo area bordered
on the north by a steep ridgeline. A large gently sloping
plain extends from this ridge to New Los Angeles Avenue. The
site is bisected in an east -west direction by areas with
slopes of 20 percent or greater. Near the northwesterly
portion of the site is a 20 -acre plateau which rises
approximately 100 feet above the alluvial plain below.
C. SITE ZONING:
SRC /C /BP (Sub - regional, Commercial, Business Park), Single
Family - 3.0 U.P.G.A., Single Family Residential - 3.7.
U.P.G.A., Single Family Residential 5.0 U.P.G.A.,
Institutional, Open Space, and Park.
D. VICINITY ZONING:
North: M -1
South: Open Space
East: Open Space
West: (Rural Exclusive and Residential
Development) RE and RPD
E. SITE GENERAL PLAN:
Specific Plan (SP)
F. VICINITY GENERAL PLAN:
North: Freeway Right -of -Way and Industrial
South: Open Space (Unincorporated County)
East: Freeway Right -of -Way
West: Medium Density Residential
G. SURROUNDING LAND USES:
Planned
The area immediately surrounding the project site consists
primarily of residential uses, open space, commercial /office
and industrial uses. The northern portion of the site is
bordered by New Los Angeles Avenue, and industrial uses. The
PP09:16:95111:52amA:\REP0RT.Pc 4
extreme northwest corner of the site is adjacent to the Arroyo
Simi, beyond which are commercial /office uses. Across New Los
Angeles Avenue to the north are single family and multi - family
residential uses, an industrial complex, and vacant land. The
site. is bordered on the west by Spring Road, across from which
is a single family residential development and Monte Vista
Nature Park. Also located along the western portion of the
site on Peach Hill Road are two existing churches. The
extreme southwest portion of the site is adjacent.to a vacant
neighborhood commercial site. Tierra Rejada Road bounds the
project on the south and the Moorpark Freeway (23) bounds the
site to the east. Beyond_ both the southern and eastern
project boundaries area are County of Ventura open space
areas. A portion of the open space area across Tierra Rejada
Road is included in the Tierra Rejada Greenbelt Agreement area
established by :the..cities of Moorpark, Thousand Oaks, Simi
Valley and the County of Ventura.
SECTION III - PROJECT DESCRIPTION
A. PROJECT PROPOSALS /REQUIREMENTS
ACCESS
Access to the site is currently available from the Moorpark
Freeway(State Highway 23) at two points: northerly at New Los
Angeles Avenue and southerly at Tierra Rejada Road. The project is
also bounded by Spring Road to the west. The terminus of Peach
Hill Road is located at the westerly boundary of the site.
Internal access is limited to private, unpaved and gated roads.
CIRCULATION PLAN
The Circulation Plan for the Amended Carlsberg Project Area
establishes the roadway network and basic standards for safe
vehicular movement within the area. Alignments for arterial and
local roadways and typical cross - sections for these roadways by
street classification are provided within the Amended Specific
Plan.
1. Regional Access
Regional access to the site is provided by way of two state
highway corridors: the Simi Valley Freeway (State Route 118)
and the Moorpark Freeway (State Route 23).
State Route 118, which terminates in the northeast section of
the city provides access to the City of Simi Valley and the
San Fernando Valley to the east. Route 118 continues through
the City of Moorpark as a conventional roadway, eventually
terminating at the Santa Paula Freeway ( SR 126 ) to the west in
the City of Ventura.
PP09 :26:95 111:52amA :\REPORT.PC 5
State Route 23. enters at the southeast portion of the city and
terminates at the New Los Angeles Avenue interchange. Route
23 provides access to the Ventura Freeway (U.S. 101) eight
miles south of the city.
2. Connector Plan
Local__.access:_will . be..provided via the .following five planned
or future roadways:
New Los Angeles Avenue
Science Drive
Spring Road
Tierra Rejada Road
Peach Hill Road
3. Internal Access
Internal access on the project site will be designed as
a function of the site specific entitlement process. All
roadways are conditioned to be in conformance with the
City's standards as provided for in the Amended Specific
Plan.
TRAFFIC
According to the Subsequent Environmental Impact Report prepared
for the Amended Carlsberg Specific Plan, dated May 18, 1993, the
Amended Specific Plan is estimated to generate approximately 48,500
average trips (ADT), of which 1,416 would occur during the A.M.
peak hour, and 3,156 during the P.M. peak hour. The additional
traffic would result in ICU increases greater than .01 for several
neighboring intersections. Increases in ICU generation of this
magnitude are considered significant if not mitigated. The Amended
Specific Plan will improve the operating capacity of the Spring
Road /Tierra Rejada Road intersection due to relief provided by the
proposed on -site circulation system and pattern modifications. The
City Engineer has imposed mitigation measures as specified in the
Subsequent EIR, Settlement Agreement and Amended Specific Plan to
reduce project - related traffic impacts to levels below the City's
thresholds of significance.
AIR QUALITY
Vesting Tentative Tract Maps 4973 and 4974 will not produce
significant amounts of ROC or NOx because there will not be
construction of permanent structures with these subdivisions. Thus
the development projects are not
deterioration of the ambient air
due to grading will be mitigated
PP09:26:95111:52amA:\REPORT.PC
expected to result in substantial
quality. Any short -term impacts
to an insignificant level.
IV. CONFORMANCE WITH THE SPECIFIC PLAN
Generally, the lots for both Vesting Tentative Tract Map 4973 and
4974 are consistent with the intent of the Amended Specific Plan in
that these large lot subdivisions subdivide the lots into planning
areas consistent with the approved Land Uses of the Amended
Specific Plan.
V. CONFORMANCE WITH THE GENERAL PLAN
Urban Form
1. General Plan Policy
Confine urban development in or adjacent to existing urban
areas; maintain open space between_ urban areas; integrate
residential, commercial, and industrial uses to achieve
balanced communities; discourage outward expansion of
development when suitable developable areas exist within the
service areas.
Conformance
The project site is located adjacent to existing urban areas
and containing open space between existing residences westerly
of Spring Road. Services are available to the site and the
land use plan for the project has been prepared to achieve a
"balanced community," with a complementary mix of residential
shopping, employment- generating, recreational, and aesthetic
uses.
2. General Plan Policy
To promote the integration of environmentally oriented and
architecturally sensitive design into the development of all
facilities and types of land uses.
Conformance
Large expanses of natural open space as well as adherence to
the architectural guidelines as specified in the Amended
Carlsberg Specific Plan, once the applicant submits for
Planned Development Permits for implementation of the Amended
Specific Plan, will ensure the development of an aesthetically
sensitive project. The large lot subdivision specifies a
number of the parcels for open space.
3. General Plan Policy
A definite, distinct image shall be established through entry
monumentation, architecture, and landscape themes /trails.
PP09:16:95 111:52amA:\PXP0RT.PC 7
To encourage the enhancement of community
urban areas through beautification
preservation of aesthetic resources.
Conformance
The Specific Plan has been
natural physical character
blend sensitively with the
areas will remain in natura
designed to protect views
conditions for the large 1 o
easements be shown on t
conditions placed on the Ma
intent of the Specific Pla
large lot subdivision stage
Residential
4. General Plan Policy
appearance in the
efforts and the
formulated with respect for the
of the site, and development will
natural environment. Undeveloped
1 open space. This area has been
of the natural environment. The
f subdivision require that trail
he Tentative Tract Map. Also,
ps are designed to ensure that the
n is carried through even at the
of development.
Encourage a variety of housing densities and varying densities
within developments.
Conformance
A mix of single- family housing types will be provided ranging
from 3.0- U.P.G.A. to 5.0 U.P.G.A. Three residential density
classifications are included in the plan. The lots designated
for residential uses conform to the intent of the residential
land uses as specified in the Land Use designations identified
in the Land Use Map of the Amended Specific Plan.
5. General Plan Policy
Establish a phasing plan which will prevent scattered urban
development and will provide for orderly growth.
Conformance
The specific plan provides for the logical and sequential
phasing of development coordinated with the provision of
adequate infrastructure systems. The large lot subdivision is
conditioned to assure that the infrastructure backbone of the
Specific Plan area is set in place to accommodate the proposed
phasing of development.
6. General Plan Policy
Designate hilly areas as rural or open space.
PP09:26:95 111:52amA:\REPORT.PC 8
Conformance
The more sensitive areas of the site have been designated as
open space in the approved plan and are identified as Open
Space parcels on these Vesting Tentative Tract Maps.
7. General Plan Policy
Encourage residential development with properly planned and
adequate public services.
Conformance
The specific plan provides for a system of public- and
community facilities to meet the needs of residents of the
project. The Tentative Maps are conditioned to provide
adequate services.
8. General Plan Policy
To ensure that the location of residential land uses provides
a harmonious relationship between adjoining uses, natural
features and the total environment.
Conformance
All development areas are designed to blend sensitively with
the natural environment, and to achieve compatibility with
surrounding properties.
9. General Plan Policy
To provide adequate and appropriate traffic movement on
adjoining arterioles with relation to location of commercial
uses.
Conformance
The traffic improvements identified in the Specific Plan
Subsequent EIR will provide for adequate traffic movement and
the conditions of the Vesting Tentative Tract Maps implement
the mitigations specified in the Specific Plan Subsequent EIR.
Water Resources and Ouality
10. General Plan Policy
Prevent or discourage new agricultural and urban development
which will degrade groundwater from location on aquifer
PP09:26:95 111:52amA :\REPORT.PC 9
recharge areas. Treat or contain runoff which has substantial
amounts of pollutants or contaminants at the source where
feasible, encourage land use design which will capture water
for groundwater recharge and maintain aquifer recharge areas.
Conformance
The drainage facilities for the project will be constructed in
accordance with all local and state requirements.
11. General Plan Policy
Limit development in scenic, significant or fragile habitats,
watersheds and historical and cultural areas.
Conformance
Where significant habitats may exist, the appropriate local,
state and federal agencies have been consulted during the
initial 30 day review period of the processing of these
Tentative Tract Maps. Also, appropriate mitigations specified
in the master EIR have been implemented through conditions
placed on these Tentative Maps.
Physical Environment /Hazard Areas
12. General Plan Policy
Development should be strongly discouraged on areas of natural
or human -made hazards, or on hillsides above 20 percent slope
or on ridgelines, or in hazard areas where hazards cannot be
mitigated without significant adverse environmental effects
and where public expenditures for mitigating would not be cost
effective.
Conformance
Development shall not take place in areas where it is
determined to be hazardous or unsafe. Grading Plans will be
required for any grading activities. These plans are subject
to review and approval of the City Engineer and the Director
of Community Development.
13. General Plan Policy
Floodplains, fire hazard areas, landslide areas, potentially
active faults, and areas with high liquefaction potential
should be placed in an open space designation on the plan or
development in these areas should be adequately protected from
these hazards.
PPO9:26:95 111:52amA:\REPORT.PC 10
Conformance
Development shall not take place in areas where it is
determined to be hazardous or unsafe. Detailed studies are
necessary prior to Final Map approval.
Recreation
14. General Plan Policy
Reserve land use options for future regional parks and
recreational development.
Conformance
Consistent with City Council direction, a 6.5 -acre city park
site is proposed in the land use plan.
15. General Plan Policy
The future acquisition of parks should be designated to serve
local needs. Improvements to existing local parks should be
encouraged as well as the development of additional parks, as
the need arises. Future acquisitions and improvement should
consider the concerns of this plan with respect to traffic,
air quality, water, etc.
Conformance
Consistent with City Council direction, a 6.5 -acre city park
site is proposed in the land use plan.
16. General Plan Policy
Bicycling, equestrian and hiking trails should be developed as
a part of the community -wide trail system.
Conformance
Trails will be developed in accordance with the trail system
as identified in the Amended Carlsberg Specific Plan and any
existing or proposed Citywide trail systems. The Vesting
Tentative Maps have been conditioned to place the trail
easements on the Maps prior to recordation. Also, final
design and improvements for the trails shall be completed
prior to Final Map approval.
PP09:26:95 111:52amA:\REPORT.PC 11
17. General Plan Policy
To establish sites for park and recreational facilities as
necessary in accordance with the distribution of population,
and in locations that provide a harmonious relationship
between adjoining uses.
Conformance
The provisions for parks meets the local park requirements.
Open Space
18. General Plan Policy
To encourage appropriate types and amounts of open space in
and around urban development.
Conformance
The City Council approved plan provides for a significant
amount of the site to be kept as permanent open space. These
open space areas are shown on the Vesting Tentative Tract
Maps.
19. General Plan Policy
To encourage the preservation of visually unique terrain,
vegetation and water resources.
Conformance
Open space areas are provided by the Amended Specific Plan and
are identified on the Vesting Tentative Tract Maps.
20. General Plan Policy
Encourage adequate provisions for open spaces which respect
natural features, scenic qualities and historical and cultural
resources.
Conformance
The City Council decision designating the open space areas was
based upon these considerations.
PP09:26:95 111:52amA:\REP0RT.PC 12
21. General Plan Policy
Excessive and unsightly terracing, grading and filling of
hillsides shall be strongly discouraged. Development which
will obscure or alter the natural ridgelines shall be strongly
discouraged.
Conformance
Grading plans will be prepared in concert with the city staff
review and approval, and shall be implemented in as sensitive
a manner as feasible. These plans are subject to approval by
the City Engineer and the Director of Community Development.
22. General Plan Policy
Historically, significant and archaeologically sensitive areas
shall be identified and preserved.
Conformance
In the event that historic artifacts are encountered, all
appropriate steps for their preservation shall be taken.
Community Facilities
23. General Plan Policy
Development shall be permitted only where adequate public
services are available, or can be provided readily. Public
services shall include fire, police, water, schools, roads,
and sanitation facilities.
Conformance
All requirements for public services shall be met.
24. General Plan Policy
The planting of fire - retardant groundcover will be encouraged
around any development in, or near high fire - hazard areas.
Conformance
All development shall meet all regulations and requirements of
the City Fire Department and the fuel modification program in
the Specific Plan.
PP09:26:95111:52amA: \MPORT.PC 13
25. General Plan Policy
Safe, separate, and convenient paths for bicyclists and
pedestrians should be constructed so as to encourage these
alternate forms of non - polluting transportation.
26. General Plan Policy
Planting and landscaping along major streets shall be
encouraged so as to mitigate visual and erosion problems.
Implementation of the specific plan landscape guidelines will
achieve the intent of this policy.
Conformance
Implementation of the specific plan landscape guidelines will
achieve the intent of this policy.
27. General Plan Policy
All well sites that. have been abandoned, or are longer
producing shall be restored to their original condition as
nearly as practicable.
Conformance
No abandoned well sites exist on the property.
Open Space, Conservation and Recreation Element
This element of the General Plan establishes the framework for the
provision, maintenance and enhancement of open space, recreation,
conservation, and agricultural areas for the purposes of promoting
the quality of life of the citizens of Moorpark.
The Vesting Tentative Tract Maps will implement the goals of the
Open Space, Conservation and Recreation Element through the
provisions of a 6.5 -acre public park, open space and extensive
hiking and bicycle trails.
Circulation Element
The major goals set forth-in the Circulation Element of the General
Plan specify that transportation within the city must be provided
in a safe, efficient manner. Specifically, a reasonable level of
service for streets and adequate public transportation facilities
are required.
The Amended Carlsberg Specific Plan and these Vesting Tentative'
Tract Maps, as conditioned, are consistent with the Circulation
Element and in that it provides for the safe and efficient movement
PP09 :26:95 111:52amA:\REPORT.PC 14
of traffic through the proper placement of access /egress points and
required traffic improvements (eg., travel lanes, turning pockets
and traffic signals.
Additionally, improvements including landscaping will be made to
street surrounding the project in order to facilitate traffic
movement and provide attractive streetscapes.
VI. AGENCY REVIEW
Agencies and Departments which reviewed the proposed projects
include the City Engineer, City of Moorpark Police Department, Fire
Prevention District, Waterworks District No. 1, Moorpark Unified
School District, Caltrans Environmental Planning and the County of
Ventura (Air Pollution Control District, Public Works Agency,
Environmental Health, and the Planning Department), Caltrans, and
the Department of Fish and Game. Conditions of approval and
comments from the various reviewing bodies have been incorporated
into this report and added as Conditions of Approval for these
projects.
VII. ENVIRONMENTAL DOCUMENT
An Subsequent Environmental Impact Report was prepared for the
Amended Carlsberg Specific Plan which has been certified by the
City Council on September 7, 1994. These Vesting Tentative Tract
Maps as proposed are exempt from the requirements of Division 13
(commencing with Section 21000) of the Public Resources Code,
because these subdivisions are consistent with the Amended
Carlsberg Specific Plan for which an Environmental Impact Report
has been certified after January 1, 1980 (Section 65457 of the
Government Code).
Potential environmental issues requiring mitigation have been
incorporated into the conditions of approval for the projects. The
mitigation measures will be enforced through implementation of the
Mitigation Monitoring Program prepared for the Amended Specific
Plan.
Prepared By:
G ul�
Paul Porter
.Senior Planner
PP09:26:95 111:52aM: \REPORT.PC 15
Approved By:
Jaime Aguilera
Director of Community
Development
Exhibits
1.
Findings
2.
Conditions of Approval
for
Vesting Tentative Tract Map No.
4973
3.
Conditions of Approval
for
Vesting Tentative Tract Map No.
4974
4.
Vesting Tentative Tract
Map
No. 4973
5.
Vesting Tentative Tract
Map
No. 4974
PP09:26:95 111:52amA :\REPORT.PC 16
FINDINGS AND GENERAL PLAN GOALS AND POLICIES
If the Planning Commission chooses to recommend to the City Council
approval of the aforementioned projects, the following findings may
be used:
1. Determine that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg Specific
Plan and the environmental effects of these proposed
subdivisions are sufficiently similar to warrant the use of
the Subsequent EIR.
2. In order to reduce the adverse impacts of these projects,
mitigation measures discussed in the Subsequent Environmental
Impact Report, Amended Carlsberg Specific Plan prepared for
the Amended Carlsberg Specific Plan as well as the Settlement
Agreement have been incorporated into the proposed projects.
Subdivision Map Act Findings
Based on the information set forth above, it is determined
that the Tentative Parcel Map, with imposition of the attached
conditions, meets the requirements of the Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et sect., in
that:
1. The proposed maps are consistent with the applicable general
and specific plans.
2. That the design and improvements of the proposed subdivisions
are consistent with the applicable general and specific plans.
3. The site is physically suitable for the type of development
proposed.
4. The design of the subdivisions and the proposed improvements
are not likely to cause substantial environmental damage.
5. The design of the subdivisions and the type of improvements
are not likely to cause serious public health problems.
6. The design of the subdivisions and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivisions.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et sea.
PP09:26:95 111:51amA :\REPORT.PC 17
EXHIBIT i
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF
APPROVAL: SP(SPECIFIC PLAN), SEIR(SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT), OTHER REFERENCES ARE FROM
THE MITIGATION MONITORING PROGRAM FOR THE AMENDED
SPECIFIC PLAN
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map. The Purpose of this
subdivision is not to allow development of the residential
property-
2. If the property is to record in phases. it shall be recorded
in phases consistent with the approved phasing plan in the
Specific Plan.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. 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.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. 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.
7. 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.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
PP09:26:95110:I2amA: \C4973.CND 1
12
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and General Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or General Plan nor compel the
legislative body to make any such amendments.
10. No asbestos pipe or construction materials shall be used
within this subdivision.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
PP09:26:95110:12amA:\C4973.CND 2
I �
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
12. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
CONCURRENT RECORDATION
13. Tract Map No. 4973 shall be recorded concurrently with Tract
Map No. 4974, or Tract Map No. 4974 shall record first.
DEVELOPMENT FEE
14. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the
boundaries of the Amended Specific Plan, the applicant shall
pay the City, except as provided in Section 12 of the
Settlement Agreement, a Development Fee as described herein
(the "Development Fee") and any Capital Development Fee
adopted by the City Council on or before April 30, 1995 and
imposed on similar construction. The Development Fee may be
expended by the City in their sole and unfettered discretion.
On the effective date of the Settlement Agreement, the Fee
shall be $1,587 per residential unit and $4,443 per gross acre
of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing
on the first day of the month following the month in which the
Settlement Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5%) per month on the first day of the month ( "monthly
indexing "). Institutional uses, whether or not exempt from
secured property taxes, shall be exempt from the fee.
The Development Fee for commercial and industrial uses is
intended to result in a total payment to the City of not less
than $324,339 on the effective date of the Settlement
Agreement and is based upon the assumption that seventy -three
(73) gross acres are subdivided into lots for SR /C or BP
usage, the Development Fee for commercial and industrial uses
shall be adjusted from $4,443 per gross acre to an amount per
gross acre that would result in a total payment of $324,339,
excluding the monthly indexing. The acreage shall be
determined from the Initial Map, as hereinafter defined in
this paragraph, or the Subsequent Map, as hereinafter defined
in this paragraph, which is in effect on the Adjustment Date.
The Adjustment Date shall mean the date upon which the first
building permit is issued for any commercial or industrial
uses within the boundaries of Tentative Tract Map No. 4785 or
PP09:26:95110:12amA :\C4973.CND 3
61
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
a subdivision Map that is recorded in lieu of the Tentative
Tract Map 4785 (collectively the initial Map) or the date upon
which the first subdivision map containing an SR /C or BP use
lot of ten (10) acres or less is recorded over all, or part
of, the Initial Map 4785 (the "Subsequent Map "), whichever
occurs first. The total amount of $324,339, as increased by
the monthly indexing, shall be paid in full to the City no
later than the tenth(10th) anniversary of the issuance of the
first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. The Initial Map and Subsequent Map shall be so
conditioned.
PARR IMPROVEMENT FEE
15. As a condition of the issuance of a building permit for each
commercial or industrial use within the boundaries of the
Amended Specific Plan, the developer shall pay the City a fee,
in an amount set by resolution of the City Council, to be used
for park improvements within the City of Moorpark. The amount
of the fee shall be the same as that paid for other commercial
and industrial uses, but in no event shall the fee exceed
fifty cents ($.50) per square foot of gross floor area.
Institutional uses shall pay on the same basis as commercial
and industrial uses, except that institutional uses which are
exempt from secured property taxes shall be exempt from the
fee.
Grading
16. Every effort shall be made to use reclaimed water for common
area landscaping irrigation and for dust control of grading
operations. Sufficient proof shall be given to the Director
of Community Development that using reclaimed water id
physically or economically not feasible prior to the
Director's decision to dispose with this condition.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation. Temporary irrigation must be replaced
with permanent irrigation prior to issuance of a Zoning
Clearance for the first building.
18. 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.
PP09:26:95110:12amA :\C9973.CND 4
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
19. Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994.
20. New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided.
21. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition
of graded and natural slopes, while preserving the basic
character of the site.
22. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified geologist and
will be subject to the review and approval of the City
Engineer and the Director of Community Development.
23. Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes.
24. Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope.
25. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible.
26. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
27. Grading shall emphasize scenic vistas to the open space areas.
28. Concrete drainage structures shall be tan colored concrete
and, to the extent possible, shall incorporate natural
structure and landscape to reduce their visibility.
29. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
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VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
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simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet.
30. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes.
31. Interior slopes between lot manufactured building pads shall
be designed with up -slope property lines.
Landscaping
32. Prior to grading permit approval 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 City of Moorpark Guide to
Landscape Plans, and shall be submitted to the Director of
Community Development for review and approval. All
streetscape landscaping shall be completed within 90 days of
completion of the related course street base.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the owners' association, maintenance
district, or similar entity.
b. 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 three (3) feet or more in height, and to replace
mature trees lost as a result of construction.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
inspection prior to final inspection of the Grading
Permit or prior to occupancy if the slope is within a
residential lot.
e. The final design of all sidewalks, barrier walls,
PP09:26:95110:12amA: \C9973.CND 6
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VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
streetscape elements, urban landscaping, and pedestrian
paths within the project limits are subject to approval
of the Director of Community development.
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or ash close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping until such time as
a owners' association, maintenance district, or similar
entity accepts the responsibility.
j. Prior to Owners' Association acceptance of responsibility
for the landscaping, the subdivider shall replace any
dead plants and make any necessary repairs to the
irrigation system consistent with the landscape plan
approved for the subdivision.
k. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas.
1. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
subdivider shall record a covenant to this effect).
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VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
n. The subdivider shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all slope areas adjacent to roadways that are
proposed to be landscaped.
o. The use of native and /or drought- tolerant shrubs and
trees shall be utilized for landscaping purposes in order
to stabilize graded slopes and encourage the return of
some wildlife species displaced from the project site as
a result of grading activities.
p. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
used.
q. Prior to recordation, the final parcel map shall indicate
all landscape planting and maintenance easements. Said
easement shall encompass all man -made slopes adjacent to
said lots.
Utilitv Acrencv Requirements
33. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
34. Prior to approval, of a Final Map, 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
PP09:26:951I0:11amA:\C4973.CND 8
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
issuance of a building permit for each lot in the subdivision.
Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of
adequate water or sewer service.
35. 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.
36. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Requirement for Wildlife Guzzler
37. Based on the recommendation of a qualified biologist, the
subdivider shall install a wildlife guzzler in the open space
within the site for wildlife, as recommended by a qualified
biologist in either Tract 4973 or Tract 4974. All plans for
the guzzler shall be reviewed and approved by the City prior
to issuance of grading permits.
Fees, Contributions and Deposits
38. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
39. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
40. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, Plaintiffs shall pay City
a mitigation fee (the "Mitigation Fee "). The Mitigation Fee
shall be Two Thousand Dollars ($2,000) per residential unit.
The Mitigation Fee shall be Eleven Thousand Two Hundred
Dollars ($11,200) per gross acre of the Sub -
Regional /Commercial (SR /C) or Business Park (BP) lot on which
the commercial or industrial use is located. Commencing on
January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect
PP09:16:95110:11amA:\C4973.CND 9
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
the change in the Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of the
Engineering News Record that is available on December 31st of
the preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA)
41. The Mitigation Fee for commercial and industrial uses is
intended to result in a total payment to City of not less than
$817,600 and is based upon the assumption that seventy -three
(73) gross acres will be developed with SR /C and /or BP uses;
to wit: $817,600 + 73 gross acres = $11,200 per gross acre.
If, on the Adjustment Date, as hereinafter defined in this
paragraph, more or less than 73 gross acres are subdivided
into lots for SR /C and /or BP usage, the Mitigation Fee for
commercial and industrial uses shall be adjusted from $11,200
per gross acre to an amount per gross acre that will result in
the total payment of $817,600; provided, however, if the
Adjustment Date occurs on or after January 1, 1997, said total
payment amount shall be subject to. the annual indexing, but in
no event shall it be decreased below the original dollar
amount specified herein. The acreage shall be determined from
the Initial Map, as hereinafter defined in this paragraph, or
the Subsequent Map, as hereinafter defined in this paragraph,
which is in effect on the Adjustment Date. The Adjustment
Date shall mean the date upon which the first building permit
is issued for any commercial or industrial use within the
boundaries of Tract Map 4785 or a subdivision map that is
recorded in lieu of Tentative Tract Map 4785 (collectively the
"Initial Map ") or the date upon which the first subdivision
map containing an SR /C or BP lot of ten (10) acres or less is
recorded over all, or a part of, the Initial Map 4785 (the
"Subsequent Map "), whichever occurs first. The total amount
of $817,600, as may be increased by the annual indexing, shall
be paid in full to City no later than the tenth (10th)
anniversary of the issuance of the first building permit for
any commercial or industrial use within the boundaries of the
Initial Map or the tenth (10th) anniversary of the issuance of
the first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. (SA -7 &8)
42. The City of Moorpark, in their sole and unfettered discretion,
may elect not to collect the Mitigation Fee. In the event of
such election, Plaintiffs shall be responsible for all costs
PP09:26:95110:12amA:\C4973.CND 10
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VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
for traffic mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound
ramps /Tierra Rejada Road only) and TC17, as described in the
SEIR. Prior to the issuance of the first building permit
within the boundaries of the Amended Specific Plan, Plaintiffs
shall make a written request of Defendants that they decide
whether or not to make the election, and Defendants shall
notify Plaintiffs of their decision within thirty (30) days
after receipt of the request. (SA -8)
The Mitigation.-Fee, _ if collected,-may be expended by
Defendants in their sole and unfettered discretion; provided,
however, payment of the Mitigation Fee represents payment in
full of the "fair share" amounts required by traffic
mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada
Road only), TC14 (cost of signal installation or modification
at State Route 23 southbound ramps /Tierra Rejada Road only)
and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in
full or in part, of certain traffic mitigation measures
described in the SEIR that will be installed by others but for
which Plaintiffs are required to pay "fair share" amounts to
City. The "fair share" amounts shall be determined by the
following percentages applied to the actual costs of said
installations: TC7 (48%), TC10 (34 %) and TC11 and TC13
(signal modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
The remaining traffic mitigation measures described in the
SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements
rather than the 63% provided for in the SEIR), TCS, TC8, TC13
( signal at Science Drive /New Los Angeles Avenue only) and TC15
(signal at "A" Street / "B" Street only) shall be installed by
Plaintiffs at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra
Rejada westbound and eastbound lanes identified in the SEIR
have been constructed by City (the "Widening Project ").
Plaintiffs shall have no financial obligation with respect to
the Widening Project except as provided in this Agreement;
provided, however, Conejo shall complete frontage improvements
on the north side of Tierra Rejada Road adjacent to the
property described in Exhibit B, including, but not limited
to, approximately eight (8) feet of paving, striping, curb and
gutter, sidewalk, drainage, parkway landscaping and signage,
PP09:26:95110:12amA.\C9973.CND 11
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
no later than the issuance of the first occupancy permit
within the boundaries of the property described in Exhibit
"B ". (SA -9)
43. Other fees are listed under the heading "City Engineer
Department Conditions."
CITY ENGINEERING CONDITIONS
GENERAL
44. All areas to be commonly maintained, as determined by the
City, shall be designated as separate lettered lots on sub-
division maps.
45. Recorded phased final maps of each Lot within the Master
Tentative Tract Map(s) shall be permitted. Additional
tentative tract subdivision maps of the Lots are to be filed
subsequent to or concurrent with the Master Tentative Tract
Maps.(SP -62)
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED•
46. The applicant shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
47. Graded slopes, visible from off -site to the west shall be
hydroseeded immediately upon completion consistent with the
landscape concept plan. The city shall specify alternate
deadlines for completion of all hydroseeding based on the
grading schedule. (EIR 2 -5, T1)
48. Concurrent with submittal of the rough grading plan an
erosion, debris /siltation and dust control plan shall be sub-
mitted to the City for review and approval by the City
Engineer. Along with these control measures, hydroseeding and
temporary irrigation shall be provided on all graded slopes
within 30 days of completion of grading on those slopes.
49. All on -site haul routes shall be approved by the City Engineer
and clearly marked on the grading plan. All areas where
grading is not allowed shall be clearly shown on the grading
plans (all sheets). On site haul routes shall be limited to
PP09:26:95110:12amA:\C4973.CND 12
. (r
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
graded areas only and shall be discussed at the on -site pre -
grading meeting. (EIR 2 -7, HY1)
50. All off -site import /export operations, requiring an excess of
12 total trucks loads, shall require Council approval prior to
the issuance of a grading permit.
51. The applicant shall submit to the City of Moorpark for review
and approval, detailed Soils and Geology Reports certified by
a Registered Civil Engineer in the State of California. The
geotechnical report shall include an investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
Note: Review of the soils and geology report by the City's
consultant may be required by the City Engineer. If so, the
applicant shall reimburse the City for all costs including the
City's administrative and overhead costs.
52. All recommendations included in the geotechnical and geology
reports 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.
53. All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council.
In order to develop the SR /C /BP Planning Areas, dirt will have
to be imported from Planning Area B. Accordingly, it will be
necessary to perform substantially all of the rough grading in
the north portion as part of the first phase development of
the commercial and business uses. Final grading of Planning
Area B can be performed at the time the residential
development is performed. (SP -15 2.a.)
54. The subdivider shall indicate in writing to the City the dis-
position of any water well(s) or any other well that may exist
within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements.
PP09:26:95110:12amA:\C4973.CND 13
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
55. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development. (SP-11.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided. Contour grading of all slopes shall
be provided to the satisfaction of the Director of Community
' Development and the City Engineer. (SP-11.b.)
56. No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U.S. Army Corps of Engineers.
57. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2 -6 T9, SP- 12.g.)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first.
58. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
(EIR 2 -6, T10, SP- 12.h.)
59. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
PP09:26:95110:12amA:\C9973.CHD 14
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
percent of the width of the lot and has a slope height slope
of less than ten (10) feet. (SP- 12.k.)
60. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes. (SP- 12.1.)
61. Interior slopes between manufactured building pads shall be
designed with up -slope property lines. (SP- 13.m.)
62. To reduce the impacts to the cactus wren, the applicant shall
offset the loss of the cactus phase of the coastal sage scrub
on the site. (As shown in the Environmental Impact Report,
Figure 22, dated 10- 12 -94)
All areas of impact to the coastal sage scrub shall be
delineated on the grading plan. All areas in which
revegatation efforts will occur shall also be identified and
provisions to protect the revegatation area shall be included
within the grading plan as approved by the Director of
Community Development. (EIR 2 -9 B2)
63. Prior to the issuance of grading permits, a tree survey and
mitigation program shall be reviewed and approved by the
Director of Community Development. The study shall be
prepared by a State of California registered arborist ac-
ceptable to the City and include mitigations incorporated into
the conditions of the grading permit. Preservation,
transplanting and planting of oak trees or other significant
trees and /or plants shall be considered.
The grading plans shall be prepared, utilizing the above in-
formation, and shall depict the methods used during grading
operations which minimizes, to the extent possible, impacts or
disruptions to said trees.
When it is determined which trees will be preserved, the
following guidelines shall apply. (SP -28 5.)
a. Design
i. Grading and /or the placement of structures shall be
prohibited within the dripline or three feet from
the trunks of the tree, whichever is greater.
PP09:26:95110:12amA:\C4973.CND 15
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
Grading and trenching within this area is to be
prohibited. No fill- material shall be placed
within this area. (SP -28 5.a.1.)
ii. No type of surface, either pervious or impervious,
shall be placed within a six -foot radius of tree
trunks. These areas shall remain uncovered and
natural. (SP -28 a.3.)
iii. Alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand
joints, etc. shall be utilized. (SP -28 a.4 -)-
iv. Retaining walls shall be used to protect existing
grades within the driplines of trees. However,
these walls shall not alter drainage from around
trees. (SP -29)
V. Drainage shall be directed away from tree trunks to
ensure that water will not stand at the crown. To
avoid drowning trees, water shall not be allowed to
pond or collect within the dripline. (SP -29)
b. During Construction
i. Trees within a construction area shall be protected
from damage by equipment by installing temporary
barriers such as fencing at the dripline. (SP -29
b.1.)
ii. Equipment, debris, building materials and /or excess
soil shall not be stored within the dripline. (SP-
29 b.2.)
Trenches for utilities or irrigation shall be
routed around the dripline where possible. (SP -29
b.3.)
iv. When not restricted by local building codes only
one trench shall be dug to accommodate all
utilities for lots. Where necessary, the roots
shall be carefully pruned by a specialist in
proportion to the total amount of root zone lost.
The boring of a conduit for underground utilities
shall be used where possible. (SP -29 b.4.)
PP09:26:95110:12amA:\C9973.CNM 16
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
V. The operation of heavy construction equipment shall
avoid the driplines of trees where possible. (SP -29
b.5.)
64. With respect to the screening requirements found in the
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
which shall be exempt from these screening requirements: (SP-
50.1.a)
a. Graded berms which are constructed to act as a
screen, as required by the Specific Plan, shall be
installed along all parking areas abutting any
street. Except as otherwise provided below, the
screening (berms or walls) shall have a maximum
height of three and one -half (3 -1/2) feet. (SP-
50.a.)
b. Where the finished elevation of the property is
lower than an abutting property or street, appro-
priate landscape screening shall be employed to
screen structures /parking areas. SP -50.b.
C. A screen as referred to above shall consist of one
or any combination of the following: SP -50
1) Walls, including retaining walls: A wall
shall consist of stone, tile or similar type
of solid masonry material a minimum of eight
(8) inches thick. SP- 50.0 -1
2) Berms: A berm shall be constructed of earthen
materials and it shall be landscaped. A berm
shall be a minimum of three (3) feet high.
(SP- 50.0 -2)
65. 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 exceeding 4 feet
in height are adjacent to sidewalk. The developer shall use
the City's standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development.
PP09:26:95110:12amA :\C4973.CND 17
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
STORM RUN -OFF
66. The storm drain system will be designed to accommodate 100 -
year storm flows. (SP -13)
67. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City. (EIR 2 -7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 100 -year frequency storm;
(SP -13)
C. All catch basins shall carry a 100 -year storm; (SP -13)
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
h. Drainage to adjacent
concentrated by this
necessary to mitigate
by the subdivider;
4973
C.T. FINANCIAL
October 9, 1995
parcels shall not be increased or
development. All drainage measures
storm water flows shall be provided
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j . If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition._ The grading plan
shall also show contours indicating the 50, 100 & 500
year flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices 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 parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association or as
required by the City Engineer;
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
* This hydraulic /hydrology study shall analyze the
hydraulic capacity of the Arroyo Simi with and without
the storm drain system for the proposed development. The
applicant shall be responsible for obtaining Ventura
County Flood Control District approval of the analysis of
this system, as it relates to the downstream capacity,
and shall make any downstream improvements, required by
Ventura County Flood Control, to support the proposed
development of Tract 4973.
19
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
68. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
69. 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 the 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 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.
70. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
(EIR 2 -8, HY6)
71. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved in the Specific Plan and approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities
must also be acceptable to the Ventura County Public Works
Agency. (EIR 2 -7, HY3)
72. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance
district to maintain any private storm drainage systems.
20
STREET IMPROVEMENTS
73. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements.
The street improvements shall include concrete curb and
gutter, sidewalk, median(s), street lights, traffic signals,
striping and signing, traffic control, paving, and any
necessary transitions to the satisfaction of the City Engi-
neer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate the necessary right -of -way to make
all of the required improvements.
The applicable Ventura County Road Standard Plates are as
follows and have been modified to conform to the cross
sections shown on Exhibit 9 of the Carlsberg Specific Plan
dated 9 -7 -94 or as otherwise provided in the Settlement
Agreement of the same date. ( In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and
timing for construction of all improvements and or payments
for improvements.)
New Los Angeles Avenue
74. New Los Angeles Avenue shall be per Ventura County Standard
Plate B -2A with right -of -way modified per cross section "G" of
Exhibit 9 of the Carlsberg Specific Plan ( revised 9-7-94) ( See
exhibit 9, Plate G)
a. The final location of the sidewalk will be as shown on
the Approved Landscape Plan. Approval of the landscape
plan shall be required prior to or concurrent with
approval of the grading plan for Tract 4973. (SP -26.d)
b. Should the sidewalk location be altered from the location
shown on the approved Tentative Map, the grading within
the street improvement area shall be revised and the
final elevations shall be approved by the Director of
Community Development.
75. Prior to occupancy of the first phase of Tract 4973 or any
subsequent map, the developer shall widen, to six lanes, New
Los Angeles Avenue from, but not including, the Arroyo Simi -
New Los Angeles bridge east to the 23 Freeway.
If, in the future, developer and the City of Moorpark mutually
agree, a traffic study shall be performed by, or on behalf of,
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
City at developer's sole cost and expense to assess the
cumulative traffic impacts of the actual use and development
of the 73 acres zoned SR /C /BP and fronting onto New Los
Angeles Avenue within the boundaries of the Amended Specific
Plan as compared to the impacts and required mitigation
forecast in the SEIR and the City's General Plan. In the
event the City Council determines from said traffic study that
six lanes on New Los Angeles Avenue, as described above, are
not required, The City agree that they will consider a request
by developer to eliminate said Condition. (SA -(1) pg. 9.c.,
TC -8)
Spring Road
76. Spring Road north of Peach Hill Road shall be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "A -1" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
77. Prior to the issuance of the first zone clearance for
occupancy for either the SR /C /BP Area or Planning Area B, the
94 foot right -of -way for Spring Road, adjacent to Simi -
Moorpark Freeway Properties west property boundary which
extends from APN 500 -0- 350 -29 to the Arroyo Simi bridge, will
be offered for dedication to the City. Prior to the issuance
of the zone clearance for occupancy of the 70th residential
unit in Area B, eastside Spring Road frontage improvements
adjacent to the Simi- Moorpark Freeway's property will be
completed. (SP -15.b par. 2)
The sidewalk on the east side of Spring Road north of Peach
Hill Road shall be built adjacent to the curb.
Science Drive
78. Science Drive shall be designed from New Los Angeles Avenue to
600 feet south of the intersection of New Los Angeles Avenue
and shall be per Ventura County Standard Plate B -2A modified
with a 108 ft. right of way per cross section "B" of Exhibit
9 of the Carlsberg Specific Plan, (revised 9- 7 -94).
a. The final location of the sidewalk will be as shown on
the Approved Landscape Plan. Approval of the landscape
plan shall be required prior to or concurrent with
approval of the grading plan for Tract 4973. (SP -26.e)
b. Should the sidewalk location be altered from the location
shown on the approved Tentative Map, the grading within
W,
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
the street improvement area shall be revised and the
final elevations shall be approved by the Director of
Community Development.
79. Science Drive from 600 feet south of New Los Angeles Avenue to
Peach Hill Road shall be per Ventura County Plate B -2B
modified with a 104 foot Right of Way per cross section "B -1 ",
Exhibit 9 of the Carlsberg Specific Plan, (revised 9- 7 -94).
Science Drive, from 600 feet south of Los Angeles Avenue to
Tierra Rejada Road, will feature enhanced (20) foot landscaped
parkways, including eight (8) foot sidewalks, located on the
east and west sides within the one hundred four (104) foot
extended right -of -way.
a. Science Drive is to be extended from "B" street to Peach
Hill Road and intersection improvements including
signalization at Peach Hill Road, if determined necessary
by the City at the time of subdivision, are to be
completed prior to zone clearance for occupancy of the
1st residential unit in Planning Area B (TC3).
The developer shall also install a traffic signal at the
Science Drive /"B" Street intersection at this time. (SA-
7par2, TC15, SP -16 par. 1, EIR 2 -13 TC15).
b. The City may elect to defer the need for intersection
signalization at the Science Drive /Peach Hill Road
intersection by having the developer, at the developer's
sole cost and expense, conduct a warrant study prior to
the issuance of zone clearance for occupancy of the 227th
or 556th residential unit within the Amended Specific
Plan Area. Should there be no warrant for signal
installation by the time a zone clearance for occupancy
on the 227th, 556th (or last residential unit) within the
Specific Plan Area, then the City may elect to release
the developer from their obligation to construct this
signal.
80. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific plan. No other
median breaks are allowed.
81. Prior to the issuance of the first zone clearance for
occupancy in either the SR /C /BP Area or Planning Area B the
developer shall construct (i) the southbound leg of the
intersection at Science Drive and New Los Angeles Avenue;
23
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
including westbound left -turn lane, eastbound right -turn lane,
shared southbound through lane /- southbound right -turn lane,
northbound left -turn lane, second northbound left -turn lane,
northbound right -turn lane, shared northbound through
lane /northbound right -turn lane (TC2) and traffic signal
modification to provide eastbound right -turn overlap with the
northbound left -turn movement (EIR 2 -10, TC2) at New Los
Angeles Avenue and the - proposed southern extension of Science
Drive (TC2 and TC13) and (ii) Science Drive- to its four lane
configuration from New Los Angeles Avenue to 600 feet south
and including the "B" Street intersection (TC1, TC5, SP -15.b.
par. 1)
82. Prior to the issuance of the first zone clearance for
occupancy in either the SR /C /BP Area or Planning Area B the
developer shall construct the Science Drive / "B" Street
Intersection. Applicant to fully construct intersection and
provide northbound left -turn lane; northbound through lane;
northbound right -turn lane; southbound left -turn lane; second
southbound left -turn lane; shared southbound through
lane /southbound right -turn lane; southbound left -turn lane;
southbound right -turn lane; shared westbound through
lane /westbound right -turn lane; eastbound left -turn lane;
shared eastbound through lane /eastbound right -turn lane; and
provide northbound right -turn overlap with the westbound left -
turn movement as part of signal installation. (EIR 2 -11, TC5)
Other:
83. The applicant shall include bus stop turnouts in the final
street improvement plans and provide for their construction,
near Science Drive along New Los Angeles Avenue, to service
the commercial areas of the project. (EIR 2 -16, A8)
The final location of the bus route and facilities shall be
approved by the Director of Community Development.
84. The developer shall adhere to Business and Professions Code
Section 8771 which requires that all monuments be located and
tied out prior to any construction or relocation of a street.
The surveyor shall certify on the proposed street improvement
plans that all recorded monuments in the construction area
have been located and either protected in place or replaced
pursuant to State Assembly Bill 1414.
85. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
24
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
86. The subdivider shall provide slope easements for road main-
tenance purposes only along all roads where the top of cut
plus 5 feet or the toe of fill plus 5 feet is beyond the dedi-
cated right of way. Said slope easements shall include the
area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
Trail Easements and Improvements
87. The final map shall indicate all trail easements as shown on
the tentative map. The minimum widths of said easements shall
be 12 feet and shall be maintained by each individual lot
owner. The trail easement shall be offered for dedication to
the City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
the estimated cost of the improvements. Once the trails have
been built, the owners, association, maintenance district, or
similar entity shall be responsible for maintaining the
trails. Trails shall be approved by the City Council and
shown on the final map prior to recordation. MOVE TO CITY
ENGINEER
88. The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973. The plan shall provide
for all trails, within the Amended Specific Plan Area, to be
operational upon completion of the Neighborhood Park area.
89. The developer shall provide that the site /grading and
improvement plans assure pedestrian and bikeway access between
all bus stops and bicycle paths, respectively; and adequate
on -site development of such. (EIR 2 -16, A9)
90. Moorpark Ave. /Los Angeles Avenue Intersection Improvements:
Applicant to pay fair share of the costs to convert the shared
southbound left -turn lane /southbound through lane /southbound
right -turn lane to a second southbound left -turn lane and
convert southbound right -turn lane to shared southbound
through lane /southbound right -turn lane (project share 34
percent). (EIR 2 -12, TC10, SP -17, SA -8)
91. Spring Road /Los Angeles Avenue: Applicant to pay fair share
of the costs to add a third eastbound and westbound lane,
remove second eastbound left -turn lane; and modify signal to
provide a southbound right -turn overlap with the eastbound
left -turn movement and westbound right -turn overlap with the
south -bound left -turn movement. (project share 50 percent) .
(EIR 2 -13, TC11, SP -18, SA -8)
25
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
92. The developer shall prepare an addendum to the Traffic Study
that analyzes the impact that pass by traffic will have on the
presently proposed street improvements. Should a change in
the Level Of Service for any of the proposed improvements
result from pass by traffic being attracted to the future
commercial areas, then the developer shall mitigate the
impacts by constructing improvements to service the
anticipated pass by traffic volumes.
As part of the traffic study the developer shall also provide
an estimate that itemizes the cost of those improvements not
covered by the AOC or Mitigation fees which the developer is
responsible for paying a "Fair Share ".
93. Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road /Los Angeles Avenue (Payment of the
AOC fee shall represent payment "in full" of the applicants
fair share amount for this intersection. (SA- 5par2)
94. Prior to the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, applicant shall pay City
the Tierra Rejada /Spring Road Area of Contribution Fee (the
"AOC Fee "). The AOC Fee shall be the dollar amount in effect
at the time of the payment of the fee. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA)
Payment of the AOC Fee shall represent payment in full of the
"fair share" amounts required by traffic mitigation measures
TC6, TC9, TC13 (cost of signal installation or modification at
Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of
signal installation at Moorpark Road /Tierra Rejada Road only)
and TC15 (cost of signal installation at "A" Street /Tierra
Rejada Road only), as described in the SEIR. (SA -6,7)
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the applicant would not have to pay the Area of
Contribution fee.
95. Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1 -1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. In areas of
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
longitudinal trenching, paving fabric shall be used to
prevent reflective cracking.
96. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
97. Publicly, dedicated streets shall conform to the design
-- requirements of the Ventura County Road Standards (most recent
revision) except as follows.
a. Sidewalks to be a minimum of five feet wide at all
points.
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
98. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
99. Special intersection treatment designs involving variations in
paving material, where major pedestrian and vehicular
circulation elements intersect, shall be approved by the
Director of Public Works and Director of Community
Development. (SP -24)
100. Lighting in areas adjacent to the natural open space portions
of the site shall be fully hooded and shielded to prevent
illumination of sensitive habitats. (EIR 2 -10, B5)
101. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvement, signalization, storm drain
improvements, sewer improvements, landscaping, parks, fencing,
bridges, etc.) or which require removal (i.e., model homes,
temporary debris basin, etc.) in a form acceptable to the
City. The subdivision surety agreement shall also include
provisions for all off -site improvements along the entire
frontage of Tract 4973 and other offsite improvements which
require mitigation as described herein.
102. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
27
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4973
C.T. FINANCIAL
October 9, 1995
103. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
UTILITIES
104. Utilities, facilities and services for the Carlsberg Specific
Plan Area-will-be extended and /or constructed in conjunction
with its phased development by the master developer as the
project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with V.C.W.W. Dist. No. 1 to construct the improvements
and the system will be dedicated to V.C.W.W.Dist. No. 1
for maintenance. SP -14
b. Prior to recordation of a final map, the City, Calleguas
Municipal Water District and Water District No. 1 shall
approve final plans for water distribution. Either the
subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards. (SP -13)
Other Utilities:
C. Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television to
the Carlsberg Specific Plan Project Area will be made
prior to development of the project area. All services
can be extended by each respective company to meet future
demands of the Carlsberg Specific Plan Project Area.
Natural gas service will be provided by Southern
California Gas. Electric service will be provided by
Southern California Edison. Telephone service will be
provided by Pacific Bell. Solid waste collection will be
provided by private companies as regulated by the City.
These services will be phased in conjunction with
development of the project area. (SP -14)
VESTING TENTATIVE TRACT MAP NO. 4973
APPLICANT: C.T. FINANCIAL
DATE: October 9, 1995
OTHER
105. 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 Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
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 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.
106. As an option in place of the Surety Performance Bond
requirements, the applicant or his successors will be allowed
to record the Final Map if the applicant or his successors
agrees to have a subordinate lien to the benefit of the City
placed on the subject property.
107. Subdivider shall pay all County fees related to Computer -aided
Mapping System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
108. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
29
109. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety,health
and welfare.
110. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
111. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Road and Drive except for approved access
locations.
112. That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
113. The subdivider shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
114. Sufficient surety, as specified by the City Engineer,
guaranteeing all public improvements shall be provided. The
sureties shall remain in place for one year following
acceptance of the public improvements by the City.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
115. Grading may occur during the rainy season from October 15 to
April 15 if approved by the City of Moorpark and subject to
installation of debris and erosion control facilities.
Erosion control measures shall be in place and functional
between October 15th and April 15th. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8,
HY3 & 4)
116. That prior to any work being conducted within the State,
County, or City right of way, the subdivider shall obtain all
necessary encroachment permits from the appropriate Agencies.
30
117. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and The City
Engineer.
118. All trucks importing or exporting fill to or from the Tract
shall use tarpaulins to cover the load and shall operate
between the hours of 9 a.m. to 5 p.m. on weekdays only. As an
option the haul material may be watered in lieu of covering.
(If approved by the City Engineer)
119. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to. 15 mph.
120. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
121. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
(if feasible water from the Arroyo shall be used) , paving con-
struction roads and other dust prevention measures. The
applicant shall submit a dust control plan, acceptable to the
city, concurrently with submittal of the mass (as opposed to
the precise) grading plan. This plan shall include, but is
not be limited to the following measures:
a. Water all site access roads and material excavated or
graded on- or off -site to prevent excessive amounts of
dust. Watering shall occur at least two times daily,
preferably in the late morning and after the completion
of work for the day.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (15 mph or
greater in one hour). The contractor shall maintain
contact with the APCD meteorologist for current informa-
tion about average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
e. Keep all grading and construction equipment on or near,
the site, until these activities are completed.
f. Wash off heavy -duty construction vehicles before they
leave the site.
31
g. Apply nonhazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate,
seed exposed surfaces with a fast - growing, soil - binding
plant to reduce wind erosion and its contribution to
local particulate levels.
h. Observe a 15 mile per hour speed limit for the con-
struction area.
i. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) which may have accumulated from
construction activities. (EIR 2 -14, Al)
122. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. EIR 2 -15 (A3)
123. Maintain equipment engines in good condition and in proper
tune as per manufacturers, specifications to prevent excessive
emissions. EIR 2 -16 (A4)
124. All diesel engines used in construction equipments should use
high pressure injectors.EIR 2 -16 (A5)
125. All diesel engines used in construction equipments should use
reformulated diesel fuel. EIR 2 -16 (A6)
126. During smog season (May - October) the city shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The city, at its discretion, may also limit construction
during Stage II alerts. (EIR 2 -16, A2)
127. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
128. Construction activities should be limited to weekdays and
Saturdays from 7:00 A.M. to 7:00 P.M. No construction
activities should occur on Sundays. (EIR 2 -19, Nl)
129. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas.
The hauling plan must be identified as part of the grading
plan and approved by the City Engineer. (EIR 2 -19, N2)
130. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
32
N
Locate these areas to maximize the distance between activity
and residential areas. (EIR 2 -19, N3)
131. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
132. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Con-
struction Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these
agencies.
133. The subdivider shall utilize all prudent and reasonable
measures (including a 6 foot high chain link fence around the
construction sites) to prevent unauthorized persons from
entering the work site at any time and to protect the public
from accidents and injury or provide on -site security per-
sonnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
134. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
135. 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.
136. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
137. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
138. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
139. Original "as built" plans will be certified by the 's civil
engineer and submitted with two sets of blue prints to the
City Engineer's office. Although grading plans may have been
33
L
submitted for checking and construction on sheets larger than
22" X 3611, they must be resubmitted as "as builts" in. series
of 22" X 36" mylars (made with proper overlaps) with a title
block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
FIRE DEPARTMENT CONDITIONS
140. Prior to combustible construction, all weather access
road /driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
141. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13'6 ").
142. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
143. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
144. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
145. The private road(s) shall be named if serving more than two
(2) parcels or is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District's Communications Center for review.
146. Street name signs shall be installed in conjunction with the
road improvements. The type of sign shall be in accordance
with Plate F -4 of the Ventura County Road Standards.
147. Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project.
148. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
149. Phase One of either TT4973 of 4974 shall complete Science
Drive from Los Angeles Avenue to Peach Hill Road prior to
combustible construction.
150. All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
34
151. Connection of the two tracts shall require completion of
Science Drive to Tierra Rejada or the completion of Peach
Hill.
152. A fuel modification zone shall be maintained 100 feet wide.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
153. The developer shall construct all water and sewer facilities,
both on -site and off -site, required for this development. The
applicant shall comply with the District's "Rules and
Regulations" and pay all applicable fees.
35
V
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF
APPROVAL: SP(SPECIFIC PLAN), SEIR(SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT), OTHER REFERENCES ARE FROM
THE MITIGATION MONITORING PROGRAM FOR THE AMENDED
SPECIFIC PLAN
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map. The Purpose of this
subdivision is not to allow development of the residential
property-
2. If the property is to record in phases. it shall be recorded
in phases consistent with the approved phasing plan in the
Specific Plan.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. 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.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. 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.
7. 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.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
PP09:26:95110:12amA : \C4974.CND 1
FYI•IIRIT Z
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and General Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body 'to amend the applicable
zoning ordinances and /or General Plan nor compel the
legislative body to make any such amendments.
10. No asbestos pipe or construction materials shall be used
within this subdivision.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
PP09:26:95110:12amA: \C4974.CND 2
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
12. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
CONCURRENT RECORDATION
13. Tract Map No. 4973 shall be recorded concurrently with Tract
Map No. 4974, or Tract Map No. 4974 shall record first.
DEVELOPMENT FEE
14. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the
boundaries of the Amended Specific Plan, the applicant shall
pay the City, except as provided in Section 12 of the
Settlement Agreement, a Development Fee as described herein
(the "Development Fee") and any Capital Development Fee
adopted by the City Council on or before April 30, 1995 and
imposed on similar construction. The Development Fee may be
expended by the City in their sole and unfettered discretion.
On the effective date of the Settlement Agreement, the Fee
shall be $1,587 per residential unit and $4,443 per gross acre
of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing
on the first day of the month following the month in which the
Settlement Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5%) per month on the first day of the month ( "monthly
indexing "). Institutional uses, whether or not exempt from
secured property taxes, shall be exempt from the fee.
The Development Fee for commercial and industrial uses is
intended to result in a total payment to the City of not less
than $324,339 on the effective date of the Settlement
Agreement and is based upon the assumption that seventy -three
(73) gross acres are subdivided into lots for SR /C or BP
usage, the Development Fee for commercial and industrial uses
shall be adjusted from $4,443 per gross acre to an amount per
gross acre that would result in a total payment of $324,339,
excluding the monthly indexing. The acreage shall be
determined from the Initial Map, as hereinafter defined in
this paragraph, or the Subsequent Map, as hereinafter defined
in this paragraph, which is in effect on the Adjustment Date.
The Adjustment Date shall mean the date upon which the first
building permit is issued for any commercial or industrial
uses within the boundaries of Tentative Tract Map No. 4785 or
a subdivision Map that is recorded in lieu of the Tentative
PP09:26 :95120:22amA :\C4974.CND 3
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: _ September 5, 1995
Tract Map 4785 (collectively the Initial Map) or the date upon
which the first subdivision map containing an SR /C or BP use
lot of ten (10) acres or less is recorded over all, or part
of, the Initial Map 4785 (the "Subsequent Map "), whichever
occurs first. The total amount of $324,339, as increased by
the monthly indexing, shall be paid in full to the City no
later than the tenth(10th) anniversary of the issuance of the
first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. The Initial Map and Subsequent Map shall be so
conditioned.
PARR IMPROVEMENT FEE
15. As a condition of the issuance of a building permit for each
commercial or industrial use within the boundaries of the
Amended Specific Plan, the developer shall pay the City a fee,
in an amount set by resolution of the City Council, to be used
for park improvements within the City of Moorpark. The amount
of the fee shall be the same as that paid for other commercial
and industrial uses, but in no event shall the fee exceed
fifty cents ($.50) per square foot of gross floor area.
Institutional uses shall pay on the same basis as commercial
and industrial uses, except that institutional uses which are
exempt from secured property taxes shall be exempt from the
fee.
Grading
16. Every effort shall be made to use reclaimed water for common
area landscaping irrigation and for dust control of grading
operations. Sufficient proof shall be given to the Director
of Community Development that using reclaimed water id
physically or economically not feasible prior to the
Director's decision to dispose with this condition.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation. Temporary irrigation must be replaced
with permanent irrigation prior to issuance of a Zoning
Clearance for the first building.
18. 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.
19. Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994.
PP09:26 :95 1I0:I2amA: \C4974.CND 4
VESTING TENTATIVE TRACT MAP N0. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
20. New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided.
21. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition
of graded and natural slopes, while preserving the basic
character of the site.
22. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will -be reviewed by a certified geologist and
will be subject to the review and approval of the City
Engineer and the Director of Community Development.
23. Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes.
24. Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope.
25. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible.
26. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
27. Grading shall emphasize scenic vistas to the open space areas.
28. Concrete drainage structures shall be tan colored concrete
and, to the extent possible, shall incorporate natural
structure and landscape to reduce their visibility.
29. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
PP09:26 :95110:12amA:\C4974.CND 5
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
percent of the width of the lot and has a slope height slope
of less than ten (10) feet.
30. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes.
31. Interior slopes between lot manufactured building pads shall
be designed with up -slope property lines.
Landscaping
32. Prior to grading permit approval 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 City of Moorpark Guide to
Landscape Plans, and shall be submitted to the Director of
Community Development for review and approval. All
streetscape landscaping shall be completed within 90 days of
completion of the related course street base.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the owners' association, maintenance
district, or similar entity.
b. 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 three (3) feet or more in height, and to replace
mature trees lost as a result of construction.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
inspection prior to final inspection of the Grading
Permit or prior to occupancy if the slope is within a
residential lot.
e. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits are subject to approval
of the Director of Community development.
PP09:26:95110:I2amA:\C4974.CND 6
- l
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or ash close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping until such time as
a owners' association, maintenance district, or similar
entity accepts the responsibility.
j. Prior to Owners' Association acceptance of responsibility
for the landscaping, the subdivider shall replace any
dead plants and make any necessary repairs to the
irrigation system consistent with the landscape plan
approved for the subdivision.
k. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas.
1. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
subdivider shall record a covenant to this effect).
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
PP09:26:95110:12amA:\C4974.CND 7
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
n. The subdivider shall provide an
dedication of easements adjacent
roads for all slope areas adjacen
proposed to be landscaped.
4974
C.T. FINANCIAL
September 5, 1995
irrevocable offer of
to public and private
t to roadways that are
o. The use of native and /or drought- tolerant shrubs and
trees shall be utilized for landscaping purposes in order
to stabilize graded slopes and encourage the return of
some wildlife species displaced from the. project site as
a result of grading activities.
P. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
used.
q. Prior to recordation, the final parcel map shall indicate
all landscape planting and maintenance easements. Said
easement shall encompass all man -made slopes adjacent to
said lots.
Dedication of Park
33. Prior to recordation, the applicant at its sole cost and
expense shall offer to dedicate the park land and natural
preserve land to the City of Moorpark as shown on the Amended
Specific Plan Exhibit No. 7. The applicant shall make
improvements and shall provide maintenance as specified in the
Specific Plan and Settlement Agreement.
Utility Aarencv Reauirements
34. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
35. Prior to approval of a Final Map, 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
PP09:26:95120:22amA:\C4974.CND
VESTING TENTATIVE TRACT MAP N0. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
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 water or sewer service.
36. 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.
37. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 RVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Requirement for Wildlife Guzzler
38. Based on the recommendation of a qualified biologist, the
subdivider shall install a wildlife guzzler in the open space
within the site for wildlife, as recommended by a qualified
biologist in either Tract 4973 or Tract 4974. All plans for
the guzzler shall be reviewed and approved by the City prior
to issuance of aradina permits.
Fees, Contributions and Deposits
39. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
40. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
41. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, Plaintiffs shall pay City
a mitigation fee (the "Mitigation Fee "). The Mitigation Fee
shall be Two Thousand Dollars ($2,000) per residential unit.
The Mitigation Fee shall be Eleven Thousand Two Hundred
Dollars ($11,200) per gross acre of the Sub-
PP09:26:95110:12aM:\C4974.CND 9
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
Regional /Commercial (SR /C) or Business Park (BP) lot on which
the commercial or industrial use- -is located. Commencing on
January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect
the change in the Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of the
Engineering News Record that is available on December 31st of
the preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA)
42. The Mitigation Fee for commercial and industrial uses is
intended to result in a total payment to City of not less than
$817,600 and is based upon the assumption that seventy -three
(73) gross acres will be developed with SR /C and /or BP uses;
to wit: $817,600 + 73 gross acres = $11,200 per gross acre.
If, on the Adjustment Date, as hereinafter defined in this
paragraph, more or less than 73 gross acres are subdivided
into lots for SR /C and /or BP usage, the Mitigation Fee for
commercial and industrial uses shall be adjusted from $11,200
per gross acre to an amount per gross acre that will result in
the total payment of $817,600; provided, however, if the
Adjustment Date occurs on or after January 1, 1997, said total
payment amount shall be subject to the annual indexing, but in
no event shall it be decreased below the original dollar
amount specified herein. The acreage shall be determined from
the Initial Map, as hereinafter defined in this paragraph, or
the Subsequent Map, as hereinafter defined in this paragraph,
which is in effect on the Adjustment Date. The Adjustment
Date shall mean the date upon which the first building permit
is issued for any commercial or industrial use within the
boundaries of Tract Map 4785 or a subdivision map that is
recorded in lieu of Tentative Tract Map 4785 (collectively the
"Initial Map ") or the date upon which the first subdivision
map containing an SR /C or BP lot of ten (10) acres or less is
recorded over all, or a part of, the Initial Map 4785 (the
"Subsequent Map "), whichever occurs first. The total amount
of $817,600, as may be increased by the annual indexing, shall
be paid in full to City no later than the tenth (10th)
anniversary of the issuance of the first building permit for
any commercial or industrial use within the boundaries of the
Initial Map or the tenth (10th) anniversary of the issuance of
the first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. (SA -7 &8)
PP09:26:95110:12amA:\C4974.CND 10
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
43. The City of Moorpark, in their sole and unfettered discretion,
may elect not to collect the Mitigation Fee. In the event of
such election, Plaintiffs shall be responsible for all costs
for traffic mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound
ramps /Tierra Rejada Road only) and TC17, as described in the
SEIR. Prior to the issuance of the first building permit
within the boundaries of the Amended Specific Plan, Plaintiffs
shall make a written request of Defendants that they decide
whether or not to make the election, and Defendants shall
notify Plaintiffs of their decision within thirty (30) days
after receipt of the request. (SA -8)
The Mitigation Fee, if collected, may be expended by
Defendants in their sole and unfettered discretion; provided,
however, payment of the Mitigation Fee represents payment in
full of the "fair share" amounts required by traffic
mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada
Road only), TC14 (cost of signal installation or modification
at State Route 23 southbound ramps /Tierra Rejada Road only)
and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in
full or in part, of certain traffic mitigation measures
described in the SEIR that will be installed by others but for
which Plaintiffs are required to pay "fair share" amounts to
City. The "fair share" amounts shall be determined by the
following percentages applied to the actual costs of said
installations: TC7 (48%), TC10 (34 %) and TC11 and TC13
(signal modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
The remaining traffic mitigation measures described in the
SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements
rather than the 63% provided for in the SEIR), TC5, TC8, TC13
( signal at Science Drive /New Los Angeles Avenue only) and TC15
(signal at "A" Street / "B" Street only) shall be installed by
Plaintiffs at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra
Rejada westbound and eastbound lanes identified in the SEIR
have been constructed by City (the "Widening Project ") .
Plaintiffs shall have no financial obligation with respect to
the Widening Project except as provided in this Agreement;
provided, however, Conejo shall complete frontage improvements
on the north side of Tierra Rejada Road adjacent to the
PP09:26:95110:12amA:\C4974.CND 11
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
property described in Exhibit B, including, but not limited
to, approximately eight (8) feet of paving, striping, curb and
gutter, sidewalk, drainage, parkway landscaping and signage,
no later than the issuance of the first occupancy permit
within the boundaries of the property described in Exhibit
"B ". (SA -9)
44. Other fees are listed under the heading "City Engineer
Department Conditions.
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
GENERAL
45. All areas to be commonly maintained, as determined by the
City, shall be designated as separate lettered lots on sub -
division maps.
46. Recorded phased final maps of each Lot within the Master
Tentative Tract Map(s) shall be permitted. Additional
tentative tract subdivision maps of the Lots are to be filed
subsequent to or concurrent with the Master Tentative Tract
Maps.(SP -62)
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED•
47. The applicant shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
48. Graded slopes, visible from off -site to the west shall be
hydroseeded immediately upon completion consistent with the
landscape concept plan. The city shall specify alternate
deadlines for completion of all hydroseeding based on the
grading schedule. (EIR 2 -5, T1)
49. Concurrent with submittal of the rough grading plan an
erosion, debris /siltation and dust control plan shall be sub-
PP09:26:95120:I2amA:\C4974.CND 12
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
mitted to the City for review and approval by the City
Engineer. Along with these control measures, hydroseeding and
temporary irrigation shall be provided on all graded slopes
within 30 days of completion of grading on those slopes. (EIR
2 -7, HY1)
50. All on -site haul routes shall be approved by the City Engineer
and clearly marked on the grading plan. All areas where
grading is not allowed shall be clearly shown on the grading
plans (all sheets). On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre -
grading meeting.
51. All off -site import /export operations, requiring an excess of
12 total trucks loads, shall require Council approval prior to
the issuance of a grading permit.
52. The applicant shall submit to the City of Moorpark for review
and approval, detailed Soils and Geology Reports certified by
a Registered Civil Engineer in the State of California. The
geotechnical report shall include an investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
Note: Review of the soils and geology report by the City's
consultant may be required by the City Engineer. If so, the
applicant shall reimburse the City for all costs including the
City's administrative and overhead costs.
53. All recommendations included in the geotechnical and geology,
reports 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.
54. All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council.
Development of Planning Areas C & D will require a combined
grading plan. Planning Area I will be graded as one project.
Planning Area A is also to be graded as one project, however,
import of dirt from Area D prior to final grading is
permitted. (SP -16)
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VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
55. The subdivider shall indicate in writing to the City the dis-
position of any water well(s) or any other well that may exist
within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements.
56. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development. (SP -12 2.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided. (SP -11 b.) Contour grading of all
slopes shall be provided to the satisfaction of the Director
of Community Development and the City Engineer.
57. No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U.S. Army Corps of Engineers.
58. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2 -6 T9)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first.
59. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
PP09:26:95110:12amA:\C4974.CND 14
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
improved drainage courses as approved by the City Engineer.
(EIR 2 -6, T10, SP- 12.h.)
60. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet. (SP- 12.k.)
61. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes. (SP- 12.1.)
62. Interior slopes between manufactured building pads shall be
designed with up -slope property lines. (SP- 13.m.)
63. To further reduce direct and indirect impacts to the Orcutt
grass and seasonal pool, no development (with the exception of
drainage control features) shall occur within 100 feet of the
upper limits of the seasonal pool. (EIR 2 -9, B1)
64. To reduce the impacts to the cactus wren, the applicant shall
offset the loss of the cactus phase of the coastal sage scrub
on the site. (As shown in the Environmental Impact Report,
Figure 22, dated 10- 12 -94)
All areas of impact to the coastal sage scrub shall be
delineated on the grading plan. All areas in which
revegatation efforts will occur shall also be identified and
provisions to protect the revegatation area shall be included
within the grading plan as approved by the Director of
Community Development. (EIR 2 -9, B2)
65. When water is present in the seasonal pool, it shall not be
artificially drained or otherwise subjected to disturbance.
Biological methods for mosquito control shall be utilized,
including introduction of mosquitofish or the use of Bacillus
thuringiensis /israelensis (Bt), a commercially - available
biological control which is specific for mosquito larvae. (EIR
2 -9, B3)
66. Prior to the issuance of grading permits, a tree survey and
mitigation program shall be reviewed and approved by the
Director of Community Development. The study shall be
PP09:26:95110:12amA:\C4974.CND 15
/7
P
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
prepared by a State of California registered arborist ac-
ceptable to the City and include mitigations incorporated into
the conditions of the grading permit. Preservation,
transplanting and planting of oak trees or other significant
trees and /or plants shall be considered.
The grading plans shall be prepared, utilizing the above in-
formation, and shall depict the methods used during grading
operations which minimizes, to the extent possible, impacts or
disruptions to said trees. (SP -28)
When it is determined which trees will be preserved, the
following guidelines shall apply. (SP -28)
a. Design
i. Grading and /or the placement of structures shall be
prohibited within the dripline or three feet from
the trunks of the tree, whichever is greater.
Grading and trenching within this area is to be
prohibited. No fill material shall be placed
within this area. (SP- 28.a.1.)
ii. No type of surface, either pervious or impervious,
shall be placed within a six -foot radius of tree
trunks. These areas shall remain uncovered and
natural. (SP -28 a.3.)
iii. Alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand
joints, etc. shall be utilized. (SP -28 a.4.)
iv. Retaining walls shall be used to protect existing
grades within the driplines of trees. However,
these walls shall not alter drainage from around
trees. (SP -29)
V. Drainage shall be directed away from tree trunks to
ensure that water will not stand at the crown. To
avoid drowning trees, water shall not be allowed to
pond or collect within the dripline. (SP -29)
b. During Construction
i. Trees within a construction area shall be protected
from damage by equipment by installing temporary
barriers such as fencing at the dripline. (SP -29
b.1.)
PP09:26:95110:12amA:\C4974.CND 16
VESTING TENTATIVE TRACT MAP N0. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
ii. Equipment, debris, building materials and /or excess
soil shall not be stored within the dripline. (SP-
29 b.2.)
iii. •Trenches for utilities or irrigation shall be
routed around the dripline where possible. (SP -29
b.3.)
iv. When not restricted by local building codes only
one trench shall be dug to accommodate all
utilities for lots. Where necessary, the roots
shall be carefully pruned by a specialist in
proportion to the total amount of root zone lost.
The boring of a conduit for underground utilities
shall be used where possible. (SP -29 b.4.)
V. The operation of heavy construction equipment shall
avoid the driplines of trees where possible. (SP -29
b.5.)
67. With respect to the screening requirements found in the
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
which shall be exempt from these screening requirements: (SP-
50 C.1.)
a. Graded berms which are constructed to act as a
screen, as required by the Specific Plan, shall be
installed along all parking areas abutting any
street. Except as otherwise provided below, the
screening (berms or walls) shall have a maximum
height of three and one -half (3 -1/2) feet. (SP -50
C.l.a.)
b. Where the finished elevation of the property is
lower than an abutting property or street, appro-
priate landscape screening shall be employed to
screen structures /parking areas. (SP -50 C.l.b.)
C. A screen as referred to above shall consist of one
or any combination of the following: (SP -50 C.1.c.)
1) Walls, including retaining walls: A wall
shall consist of stone, tile or similar type
of solid masonry material a minimum of eight
(8) inches thick. (SP- 50.0 -1)
PP09:26:951I0:12aM: \C4974.CND 17
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
2) Berms: A berm shall be constructed of earthen
materials and it shall be landscaped. A berm
shall be a minimum of three (3) feet high.
(SP- 50.0 -2)
68. 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 exceeding 4 feet
in height are adjacent to sidewalk. The developer shall use
the City's standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development.
STORM RUN -OFF
69. The storm drain system will be designed to accommodate 100 -
year storm flows. (SP -13)
70. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer'; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City. (EIR 2 -7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 100 -year frequency storm;
(SP -13)
C. All catch basins shall carry a 100 -year storm; (SP -13)
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under -a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50, 100 & 500
year flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices 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 parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association or as
required by the City Engineer;
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility. (EIR 2 -6, T12, SP- 12.j.)
19
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
* This hydraulic /hydrology study shall analyze the
hydraulic capacity of the Arroyo Simi with and without
the storm drain system for the proposed development. The
applicant shall be responsible for obtaining Ventura
County Flood Control District approval of the analysis of
this system, as it relates to the downstream capacity,
and shall make any downstream improvements, required by
Ventura County Flood Control, to support the proposed
development of Tract 4973.
71. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
72. 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 the 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 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.
73. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
(EIR 2 -8, HY6)
74. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
PAR
conceptually approved in the Specific Plan and approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities
must also be acceptable to the Ventura County Public Works
Agency. (EIR 2 -7, HY3)
75. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance
district to maintain any private storm drainage systems.
STREET IMPROVEMENTS
76. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
Post sufficient surety guaranteeing the construction of the
improvements.
The street improvements shall include concrete curb and
gutter, sidewalk, median(s), street lights, traffic signals,
striping and signing, traffic control, paving, and any
necessary transitions to the satisfaction of the City Engi-
neer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate the necessary right -of -way to make
all of the required improvements.
The applicable Ventura County Road Standard Plates are as
follows and have been modified to conform to the cross
sections shown on Exhibit 9 of the Carlsberg Specific Plan
dated 9 -7 -94 or as otherwise provided in the Settlement
Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and
timing for construction of all improvements and or payments
for improvements.)
Spring Road
77. Spring Road, south of Peach Hill Road shall, be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "A" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
South of Peach Hill Road the sidewalk will be built within the
thirty -two (32) foot landscaped parkway at a location
determined by the City as shown on the approved landscape
plans. (SP -25 4.c)
VESTING TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4974
C.T. FINANCIAL
September 5, 1995
78. Prior to the issuance of the first zone clearance for
occupancy for Areas A, C, D or I,- the 94 foot right -of -way for
Spring Road adjacent to the Conejo Freeway Properties, Ltd's
west property boundary extending from APN 500 -0- 350 -36 to
Tierra Rejada Road will be dedicated to the City. Prior to
the issuance of the zone clearance for occupancy of the 55th
residential unit in Area D, Spring Road improvements south of
Peach Hill Road to Tierra Rejada Road will be completed. (SP-
16 3.b. par. 3)
Science Drive
79. Science Drive south of Peach Hill Road shall be per Ventura
County Standard Plate B -2A with a modified 104 foot right -of-
way per cross section "B -1" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
Science Drive, from 600 feet South of Los Angeles Avenue to
Tierra Rejada Road, will feature enhanced twenty (25) foot
landscape parkways and eight (8) foot sidewalks located on the
east and west sides within the one hundred four (104) foot
extended right -of -way.
80. Science Drive, including Peach Hill intersection, is to be
constructed from Peach Hill Road to Tierra Rejada Road prior
to issuance of the first zone clearance for occupancy for
residential units in either Planning Areas A, C or D (TC3).
North leg intersection improvements at Science Drive and
Tierra Rejada Road shall be required at this time as well
(TC4).
The developer is to fully construct the Science Drive /Peach
Hill Road Intersection and provide northbound left -turn lane,
northbound through lane, southbound through lane, southbound
right -turn lane, eastbound left -turn lane, and eastbound
right -turn lane. (EIR 2 -11, TC3)
81. Signalization Improvements, if determined necessary at the
time of subdivision (warrant study), at Peach Hill Road shall
be completed prior to the issuance of zone clearance for
occupancy of the 227th residential unit in Planning Area B or
issuance of the zone clearance for occupancy on the 37th acre
Of SR /C /BP Area.
The City may elect to defer the need for intersection
signalization at the Science Drive /Peach Hill Road
intersection by having the developer, at the developer's sole
cost and expense, conduct a warrant study prior to the
22
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
issuance of zone clearance for occupancy of the 227th or 556th
residential unit within the Amended Specific plan Area. Should
there be no warrant for signal installation by the time a zone
clearance for occupancy on the 227th, 556th or last
residential unit) within the Specific Plan Area, then the City
may elect to release the developer from their obligation to
construct this signal.
82. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific plan. No other
median breaks are allowed unless approved by the City
Engineer.
83. The developer is to fully construct the north leg of
intersection of Science Drive /Tierra Rejada Road and provide
westbound right -turn lane, eastbound left -turn lane,
southbound left -turn lane, and southbound right -turn lane
(project share 100 percent) (EIR 2 -11, TC4, SA- pg. 9 par. 1) .
Tierra Rejada Road
84. Tierra Rejada Road adjacent to Tract 4974 shall be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "F" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
Tierra Rejada Road street improvements including westbound
right -turn lane at the Science Drive and Spring Road
intersections and northside improvements shall also include,
but not be limited to, approximately eight (8) feet of
additional paving, striping, curb and gutter, sidewalk,
drainage, parkway landscaping and signage. (SA -9, par. 1)
These north side improvements, east of the Spring Road
intersection, shall be constructed prior to issuance of the
first zone clearance for occupancy for residential units in
Areas A, C or D. (TC4, SA -9 par. 1)
Other:
85. Traffic signals at the following intersections shall be either
installed or modified; Spring Road /Tierra Rejada Road,
Moorpark Road /Tierra Rejada Road and Science Drive /Tierra
Rejada Road shall be installed or modified prior to the
issuance of the first zone clearance for occupancy within the
Conejo Freeway Properties ownership (Planning Areas A, C, D
and I (TC13., TC14., TC15. and TC16).
23
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
86. Developer shall contribute their fair share to the construc-
tion of the Moorpark Road /Tierra Road intersection, to the
extent that the following improvements exceed the AOC widening
of Tierra Rejada Road; cost to add second westbound left -turn
lane, second northbound right -turn lane, eastbound right- turn
lane, and provide northbound right -turn overlap with the
westbound left -turn overlap as part of signal installation
(project share is 48 %).
87. The applicant shall include a!bus stop or stops in_the.final
street improvement plans and provide for their construction,
near Science Drive along New Los Angeles Avenue, to service
the commercial areas of the project. (EIR 2 -16, A8)
The final location of the bus route and facilities shall be
approved by the Director of Community Development.
88. The developer shall adhere to Business and Professions Code
8771 which requires that all monuments be located and tied out
prior to any construction or relocation of a street.
The surveyor shall certify on the proposed street improvement
plans that all recorded monuments in the construction area
have been located and either protected in place or replaced
pursuant to State Assembly Bill 1414.
89. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
90. The subdivider shall provide slope easements for road main-
tenance purposes only along all roads where the top of cut
plus 5 feet or the toe of fill plus 5 feet is beyond the dedi-
cated right of way. Said slope easements shall include the
area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
Trail Easements and Improvements
91. The final map shall indicate all trail easements as shown on
the tentative map. The minimum widths of said easements shall
be 12 feet and shall be maintained by each individual lot
owner. The trail easement shall be offered for dedication to
the City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
the estimated cost of the improvements. Once the trails have
24
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
been built, the owners' association, maintenance district, or
similar entity shall be responsible for maintaining the
trails. Trails shall be approved by the City Council and
shown on the final map prior to recordation.
92. The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973. The plan shall provide
for all trails to be completed upon completion of the
neighborhood park area.
93. The developer shall provide that the site /grading and im-
provement plans assure pedestrian and bikeway access between
all bus stops and bicycle paths, respectively; and adequate
on -site development of such. (EIR 2 -16, A9)
94. State Route 23 northbound ramps /Tierra Rejada Road: Applicant
to pay fair share of the costs (potentially through Proposi-
tion 111, Congestion Management Program) to convert the shared
northbound left -turn lane /northbound right -turn lane to north-
bound right -turn lane, and to add second northbound left -turn
lane and second northbound right -turn lane. Note: These im-
provements are required to mitigate "no- project" as well as
"with- project" conditions. Payment of the Mitigation fee as
described in the Settlement Agreement shall represent payment
of the applicants "fair share ".(EIR 2 -13, TC12, SP -18 par. 1)
95. The developer shall prepare a addendum to the Traffic Study
that analyzes the impact that pass by traffic will have on the
presently proposed street improvements. Should a change in
the Level Of Service for any of the proposed improvements
result from pass by traffic being attracted to the future
commercial areas, then the developer shall mitigate the
impacts by constructing improvements to service the antici-
pated pass by traffic volumes.
As part of the traffic study the developer shall also provide
an estimate that itemizes the cost of those improvements not
covered by the AOC or Mitigation fees which the developer is
responsible for paying a "Fair Share ".
96. Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road /Tierra Rejada Road, (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA -7 par.
2),
25
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
97. Applicant to pay fair share of the costs to improve State
Route 23 northbound and southbound ramps /Tierra Rejada Road
(Payment of the Mitigation fee as described in the Settlement
Agreement shall represent payment of the applicants "fair
share" (EIR 2 -13 TC12, SA -8, SP -18 par. 1) '
98. Applicant to pay fair share of the costs for the signal
installations at Moorpark Road /Tierra Rejada Road (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA -7 par.
2, EIR 2 -13 TC14)
99. Applicant to fully install the signals at Science Drive /Tierra
Rejada Road (Payment of the AOC fee shall represent payment
"in full" of the applicants fair share amount for this
intersection. (SA -7 par. 2, EIR 2 -13, TC15)
100. The project developer shall contribute a fair share to
improvements to County roadways or related facilities (cost of
signal installation or modification at State Route 23 south-
bound ramp /Tierra Rejada Road only) if a reciprocal agreement
between the County of Ventura and the City of Moorpark
addressing said matter is approved. (Payment of the Mitigation
fee as described in the Settlement Agreement shall represent
payment of the applicants "fair share ") (SP -17, TC -14, TC -17)
101. Prior to the issuance of a building permit for each residen-
tial, commercial or industrial use within the boundaries of
the Amended Specific Plan, applicant shall pay City the Tierra
Rejada /Spring Road Area of Contribution Fee (the "AOC Fee ") .
The AOC Fee shall be the dollar amount in effect at the time
of the payment of the fee. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property
taxes shall be exempt from the fee. (SA)
Payment of the AOC Fee shall represent payment in full of the
"fair share" amounts required by traffic mitigation measures
TC6, TC9, TC13 (cost of signal installation or modification at
Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of
signal installation at Moorpark Road /Tierra Rejada Road only)
and TC15 (cost of signal installation at "A" Street /Tierra
Rejada Road only), as described in the SEIR. (SA -6,7)
VESTING TENTATIVE TRACT MAP N0.
APPLICANT:
DATE:
If previous payment of this contril
to the City's satisfaction upon
Manager, the applicant would not
Contribution fee.
4974
C.T. FINANCIAL
September 5, 1995
)ution can be demonstrated,
concurrence of the City
have to pay the Area of
102. Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1 -1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. The final
1 -1/2 inches cap of asphalt shall be placed after all
necessary trenching is completed. In areas of longitudinal
trenching, paving fabric shall be used to prevent reflective
cracking.
103. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
104. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as follows.
a. Sidewalks to be a minimum of five feet wide at all
points.
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
105. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
106. Special intersection treatment designs involving variations in
paving material, where major pedestrian and vehicular
circulation elements intersect, shall be approved by the
Director of Public Works and Director of Community Develop-
ment. (SP -24 4. par. 3)
107. Lighting in areas adjacent to the natural open space portions
of the site shall be fully hooded and shielded to prevent
illumination of sensitive habitats. (EIR 2 -10, B5)
108. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvement, signalization, storm drain
improvements, sewer improvements, landscaping, parks, fencing,
27
VESTING TENTATIVE TRACT MAP NO. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
bridges, etc.) or which require removal (i.e., model homes,
temporary debris basin, etc.) in a form acceptable to the
City. The subdivision surety agreement shall also include
provisions for all off -site improvements along the entire
frontage of Tract 4973 and other offsite improvements which
require mitigation as described herein.
109. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
110. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
UTILITIES
111. Utilities, facilities and services for the Carlsberg Specific
Plan Area will be extended and /or constructed in conjunction
with its phased development by the master developer as the
project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with V.C.W.W. Dist. No. 1 to construct the improvements
and the system will be dedicated to water works District
No. 1 for maintenance. (SP -14)
b. Prior to recordation of a final map, the City, Calleguas
Municipal Water District and Water District No. 1 shall
approve final plans for water distribution. Either the
subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards. (SP -13)
Other Utilities:
c. Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television to
the Carlsberg Specific Plan Project Area will be made
VESTING TENTATIVE TRACT MAP N0. 4974
APPLICANT: C.T. FINANCIAL
DATE: September 5, 1995
prior to development of the project area. All services
can be extended by each respective company to meet future
demands of the Carlsberg Specific Plan Project Area.
Natural gas service will be provided by Southern
California Gas. Electric service will be provided by
Southern California Edison. Telephone service will be
provided by Pacific Bell. Solid waste collection will be
provided by private companies as regulated by the City.
These services will be phased in conjunction with
development of the project-area. (SP -14)
112. 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 Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
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 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.
113. As an option in place of the Surety Performance Bond re-
quirements, the applicant or his successors will be allowed to
record the Final Map if the applicant or his successors agrees
to have a subordinate lien to the benefit of the City placed
on the subject property.
29
1�r
J
114. Subdivider shall pay all County fees related to Computer -aided
Mapping System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
115. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
116. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety,health
and welfare.
117. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
118. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Road and Drive except for approved access
locations.
119. That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
120. The subdivider shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
121. Sufficient surety, as specified by the City Engineer, guar-
anteeing all public improvements shall be provided. The
sureties shall remain in place for one year following accep-
tance of the public improvements by the City.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
122. Grading may occur during the rainy season from October 15 to
April 15 if approved by the City of Moorpark and subject to
installation of debris and erosion control facilities.
Erosion control measures shall be in place and functional
30
between October 15th and April 15th. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8,
HY3 & 4)
123. That prior to any work being conducted within the State,
County, or City right of way, the subdivider shall obtain all
necessary encroachment permits from the appropriate Agencies.
124. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and The City
Engineer.
125. All trucks importing or exporting fill to or from the Tract
shall use tarpaulins to cover the load and shall operate
between the hours of 9 a.m. to 5 p.m. on weekdays only. As an
option the haul material may be watered in lieu of covering.
(If approved by the City Engineer)
126. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
127. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
128. During clearing, grading, earth moving or excavation-opera-
tions, dust emissions should be controlled by regular watering
(If feasible water from the Arroyo shall be used) , paving con-
struction roads and other dust prevention measures. The
applicant shall submit a dust control plan, acceptable to the
city, concurrently with submittal of the mass (as opposed to
the precise) grading plan. This plan shall include, but is
not be limited to the following measures:
a. Water all site access roads and material excavated or
graded on- or off -site to prevent excessive amounts of
dust. Watering shall occur at least two times daily,
preferably in the late morning and after the completion
of work for the day.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (15 mph or
greater in one hour). The contractor shall maintain
contact with the APCD meteorologist for current informa-
tion about average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
31
l
d. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
e. Keep all grading and construction equipment on or near
the site, until these activities are completed.
f. Wash off heavy -duty construction vehicles before they
leave the site.
g. When appropriate, seed exposed surfaces with a fast -
growing, soil- binding plant to reduce wind erosion and
its contribution to local particulate levels.
h. Observe a 15 mile per hour speed limit for the con-
struction area.
i. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) which may have accumulated from
construction activities. (EIR 2 -14, Al)
129. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. (EIR 2 -15, A3)
130. Maintain equipment engines in good condition and in proper
tune as per manufacturers' specifications to prevent excessive
emissions. (EIR 2 -16, A4)
131. All diesel engines used in construction equipments should use
high pressure injectors. (EIR 2 -16, A5)
132. All diesel engines used in construction equipments should use
reformulated diesel fuel. (EIR 2 -16, A6)
133. During smog season (May - October) the city shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The city, at its discretion, may also limit construction
during Stage II alerts. (EIR 2 -16, A2)
134. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
135. Construction activities should be limited to weekdays and
Saturdays from 7:00 A.M. to 7:00 P.M. No construction
activities should occur on Sundays. (EIR 2 -19, N1)
W,
136. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas.
The hauling plan must be identified on the grading plan and
approved by the City Engineer. (EIR 2 -19, N2)
137. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity
and residential areas. (EIR 2 -19, N3)
138. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
139. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Con-
struction Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these
agencies.
140. The subdivider shall utilize all prudent and reasonable
measures (including a 6 foot high chain link fence around the
construction sites) to prevent unauthorized persons from
entering the work site at any time and to protect the public
from accidents and injury or provide on -site security per-
sonnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
141. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
142. 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.
143. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
144. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
33
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
Any surety bonds that are in effect three years after final
map approval or after issuance of the first building permit
shall be increased an amount equal to or greater than the
consumers price index (Los Angeles /Long Beach SMSA) for the
three year period since original issuance of the - surety and
shall be increased in like manner each year thereafter.
145. A drainage swale shall be constructed behind the existing
slough wall located on the south side of Peach Hill Road. The
swale shall empty into an drainage device as approved by The
City Engineer.
146. Original "as built" plans will be certified by the 's civil
engineer and submitted with two sets of blue prints to the
City Engineer's office. Although grading plans may have been
submitted for checking and construction on sheets larger than
22" X 36 ", they must be resubmitted as "as builts" in. series
of 22" X 36" mylars (made with proper overlaps) with a title
block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled. required
before a final inspection will be scheduled.
FIRE DEPARTMENT CONDITIONS
147. Prior to combustible construction, all weather access
road /driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
148. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (131611).
149. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
150. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
151. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
.,
34
152. The private road(s) shall be named if serving more than two
(2) parcels or is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District's Communications Center for review.
153. Street name signs shall be installed in conjunction with the
road improvements. The type of sign shall be in accordance
with Plate F -4 of the Ventura County Road Standards.
154. Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project.
155. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
156. Phase One of either TT4973 of 4974 shall complete Science
Drive from Los Angeles Avenue to Peach Hill Road prior to
combustible construction.
157. All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
158. Connection of the two tracts shall require completion of
Science Drive to Tierra Rejada or the completion of Peach
Hill.
159. A fuel modification zone shall be maintained 100 feet wide.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
160. The developer shall construct all water and sewer facilities,
both on -site and off -site, required for this development. The
applicant shall comply with the District's "Rules and Regula-
tions" and pay all applicable fees.
35
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EXHIBIT 5
RESOLUTION NO. PC -95 -312
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR VESTING
TENTATIVE TRACT MAP NOS. 4973 AND 4974 ON THE APPLICATION OF C.T.
FINANCIAL (ASSESSOR PARCEL NOS. 500-35 -15, 500- 35 -33, 512- 15 -60,
513- 05 -11, 500 -35 -034 AND 500 -35 -041)
Whereas, at a duly noticed public hearing on October 9, 1995,
the Planning Commission considered the application filed by C.T.
Financial requesting approval of the following:
Vesting Tentative Tract Map No. 4973, which consists of the
northern portion of the Specific Plan, contains the following lots:
Vesting Tentative Tract Map No. 4973
Lot No.
Acres
Planning Area
Lot 1
29.0
SR /C /BP
Lot 2
11.0
SR /C /BP
Lot 3
89.8
Area B Cc.z4t'^?
Lot 4
33.0
SR /C /BP
OS -1':�
Natural Park
...:.9:x,.0:
OS -2
7.4
Vesting Tentative Tract Map No. 4974, which consists of
the southern portion of the Carlsberg Specific Plan,
contains the following lots:
Vesting Tentative Tract Map No. 4�$!
...............
................
...............
Lot No. Acres
Lot
1
82.2
Lot
2
57.4
Lot
3
3.0
Lot
4
4.0
Lot
Park
E)- 6
5
6.
1e�2.0
110.3
Planning Area
Area C
Area D
Area I
Area I
Area A
-PA4,k and D- S o�
1wa wj
-t a'N rlu-�l �ntip
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report
dated October 9, 1995, the Final EIR prepared for the
Carlsberg Specific Plan, the Mitigating Reporting and
Monitoring Program and testimony, and has found that
A:\TRACT.RES 1
the environmental effects discussed in the Subsequent EIR
prepared for the Amended Carlsberg Specific Plan and the
environmental effects of these proposed subdivisions are
sufficiently similar to warrant the use of the Subsequent EIR,
and has reached its decision on this matter; and
Whereas, at its meeting of October 9, 1995, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission hereby adopts the
following findings:
1. Determine that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg
Specific Plan and the environmental effects of these
proposed subdivisions are sufficiently similar to warrant
the use of the Subsequent EIR.
2. In order to reduce the adverse impacts of these projects,
mitigation measures discussed in the Subsequent
Environmental Impact Report, Amended Carlsberg Specific
Plan prepared for the Amended Carlsberg Specific Plan as
well as the Settlement Agreement have been incorporated
into the proposed projects.
Subdivision Map Act Findings
1. The proposed maps are consistent with the applicable
general and specific plans.
2. That the design and improvements of the proposed
subdivisions are consistent with the applicable general
and specific plans.
3. The site is physically suitable for the type of
development proposed.
4. The design of the subdivisions and the proposed
improvements are not likely to cause substantial
environmental damage.
5. The design of the subdivisions and the type of
improvements are not likely to cause serious public
health problems.
6. The design of the subdivisions and the type of
improvements would not conflict with easements acquired
by the public at large, for access through, or use of the
A:\TRACT.RES 2
property within the proposed subdivisions.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et sect.
SECTION 2. The Planning Commission does hereby find that the
aforementioned projects are consistent with the City's General Plan
and the Carlberg Specific Plan.
SECTION 3. That the Planning Commission hereby recommends to
the City Council conditional approval of Vesting Tentative Tract
Map Nos. 4973 and 4974 on the application of C.T. Financial subject
to compliance with all of the following conditions:
Vesting Tentative Tract Map No. 4973
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
2. If the map is to record in phases, it shall be recorded in
phases consistent with the approved phasing plan in the
Specific Plan.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. 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.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
A:\TRACT.RES 3
reference, become conditions of this entitlement.
6. 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.
7. 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.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendment, except as
provided in the Settlement Agreement dated September 7, 1994.
10. No asbestos pipe or construction materials shall be used
within this subdivision.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
A:\TRACT.RES 4
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith .
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
12. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
CONCURRENT RECORDATION
13. Tract Map No. 4973 shall be recorded concurrently with Tract
Map No. 4974, or Tract Map No. 4974 shall record first.
DEVELOPMENT FEE
14. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the
boundaries of the Amended Specific Plan, the applicant shall
pay the City, except as provided in Section 12 of the
Settlement Agreement, a Development Fee as described herein
(the "Development Fee ") and any Capital Development Fee
adopted by the City Council on or before April 30, 1995 and
imposed on similar construction. The Development Fee may be
expended by the City in their sole and unfettered discretion.
On the effective date of the Settlement Agreement, the Fee
shall be $1,587 per residential unit and $4,443 per gross acre
of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing
on the first day of the month following the month in which the
Settlement Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5%) per month on the first day of the month ( "monthly
indexing "). Institutional uses, whether or not exempt from
secured property taxes, shall be exempt from the fee.
The Development Fee for commercial and industrial uses is
intended to result in a total payment to the City of not less
than $324,339 on the effective date of the Settlement
Agreement and is based upon the assumption that seventy -three
(73) gross acres are subdivided into lots for SR /C or BP
usage, the Development Fee for commercial and industrial uses
shall be adjusted from $4,443 per gross acre to an amount per
A:\TRACT.RES 5
g7j-5
gross acre that would result in a total payment of $324,339,
excluding the monthly indexing. The acreage shall be
determined from the Initial Map, as hereinafter defined in
this paragraph, or the Subsequent Map, as hereinafter defined
in this paragraph, which is in effect on the Adjustment Date.
The Adjustment Date shall mean the date upon which the first
building permit is issued for any commercial or industrial
uses within the boundaries of Tentative Tract Map No.8§
or a subdivision Map that is recorded in lieu of the Tentative
Tract Map' (collectively the Initial Map) or the date
upon which the'':�rst subdivision map containing an SR /C or BP
use lot of ten (10 ) acres or less is recorded over all, or
part of, the Initial Map 4785.4'§'t-5 (the "Subsequent Map "),
whichever occurs first. The total amount of $324,339, as
increased by the monthly indexing, shall be paid in full to
the City no later than the tenth(10th) anniversary of the
issuance of the first building permit for any commercial or
industrial use within the boundaries of the Subsequent Map,
whichever occurs first. The Initial Map and Subsequent Map
shall be so conditioned. (SA -5 &6)
PARK IMPROVEMENT FEE
15. As a condition of the issuance of a building permit for each
commercial or industrial use within the boundaries of the
Amended Specific Plan, the developer shall pay the City a fee,
in an amount set by resolution of the City Council, to be used
for park improvements within the City of Moorpark. The amount
of the fee shall be the same as that paid for other commercial
and industrial uses, but in no event shall the fee exceed
fifty cents ($.50) per square foot of gross floor area.
Institutional uses shall pay on the same basis as commercial
and industrial uses, except that institutional uses which are
exempt from secured property taxes shall be exempt from the
fee. (SA -5)
Grading
16. Every effort shall be made to use reclaimed water to irrigate
temporary erosion control landscaping and for dust control of
grading operations. Sufficient proof shall be given to the
Director of Community Development that using reclaimed water
is physically or economically not feasible prior to the
Director's decision to dispose with this condition.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation unless otherwise approved by the Director
of Community Development. Temporary irrigation must be
replaced with permanent irrigation prior to issuance of a
Zoning Clearance for the first building unless drought
tolerant plants selected do not require irrigation.
A:\TRACT.RES 6
18. Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994.
19. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition
of graded and natural slopes, while preserving the basic
character of the site.
20. Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes.
21. Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope.
22. Grading shall emphasize scenic vistas to the open space areas.
23. Concrete drainage structures shall be tan colored concrete
and, to the extent possible, shall incorporate natural
structure and landscape to reduce their visibility.
Landscaping
24. Prior to grading permit approval 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 Specific Plan and the City of
Moorpark Guide to Landscape Plans, and shall be submitted to
the Director of Community Development for review and approval.
All streetscape landscaping shall be completed within 90 days
of completion of the related course street base.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the owners, association, maintenance
district, or similar entity.
b. 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 three (3) feet or more in height, and to replace
mature trees lost as a result of construction.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
A:\TRACT.RES 7
inspection prior to final inspection of the Grading
Permit or prior to occupancy if the slope is within a
residential lot.
e. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits shall be consistent with
the Specific Plan and are subject to approval of the
Director of Community development.
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or as close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan
unless drought tolerant plant do not require irrigation.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping until such time as
a owners' association, maintenance district, or similar
entity accepts the responsibility.
j. Prior to Owners' Association, maintenance district's, or
similar entity's acceptance of responsibility for the
landscaping, the subdivider shall replace any dead plants
and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
subdivision.
k. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas.
1. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
A:\TRACT.RES 8
subdivider shall record a covenant to this effect).
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
n. The subdivider shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all slope areas adjacent to roadways that are
proposed to be landscaped.
o. The use of native and /or drought - tolerant shrubs and
trees shall be utilized for landscaping purposes in order
to stabilize graded slopes and encourage the return of
some wildlife species displaced from the project site as
a result of grading activities.
P. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
_ used.
Prior to recordation, the final feel map shall indicate
a�d�O all landscape planting and maintenance easements. Said
easement shall encompass all man -made slopes adjacent to
said lots.
7Z `f�i..::.: .:...............
Utility Agency Requirements
25. Prior to approval of a final fap, the subdivider shall
demonstrate by possession of a "District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
26. Prior to approval of a Final Map, 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
A:\TRACT.RES 9
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 water or sewer service.
27. 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.
28. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed underground to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Requirement for Wildlife Guzzler
29. Based on the recommendation of a qualified biologist, the
subdivider shall install a wildlife guzzler in the open space
within the site for wildlife, as recommended by a qualified
biologist in either Tract 4973 or Tract 4974. All plans for
the guzzler shall be reviewed and approved by the City prior
to issuance of grading permits.
Fees, Contributions and Deposits
30. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
31. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, - and all City legal service fees and administrative
costs.
32. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, Plaintiffs shall pay City
a mitigation fee (the "Mitigation Fee "). The Mitigation Fee
shall be Two Thousand Dollars ($2,000) per residential unit.
The Mitigation Fee shall be Eleven Thousand Two Hundred
Dollars ($11,200) per gross acre of the Sub -
Regional /Commercial (SR /C) or Business Park (BP) lot on which
the commercial or industrial use is located. Commencing on
A:\TRACT.RES 10
January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect
the change in the Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of the
Engineering News Record that is available on December 31st of
the preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA -7)
33. The Mitigation Fee for commercial and industrial uses is
intended to result in a total payment to City of not less than
$817,600 and is based upon the assumption that seventy -three
(73) gross acres will be developed with SR /C and /or BP uses;
to wit: $817,600 _ 73 gross acres = $11,200 per gross acre.
If, on the Adjustment Date, as hereinafter defined in this
paragraph, more or less than 73 gross acres are subdivided
into lots for SR /C and /or BP usage, the Mitigation Fee for
commercial and industrial uses shall be adjusted from $11,200
per gross acre to an amount per gross acre that will result in
the total payment of $817,600; provided, however, if the
Adjustment Date occurs on or after January 1, 1997, said total
payment amount shall be subject to the annual indexing, but in
no event shall it be decreased below the original dollar
amount specified herein. The acreage shall be determined from
the Initial Map, as hereinafter defined in this paragraph, or
the Subsequent Map, as hereinafter defined in this paragraph,
which is in effect on the Adjustment Date. The Adjustment
Date shall mean the date upon which the first building permit
is issued for any commercial or industrial use within the
boundaries of Tract Map 4785 or a subdivision map that is
recorded in lieu of Tentative Tract Map 4785 (collectively the
"Initial Map ") or the date upon which the first subdivision
map containing an SR /C or BP lot of ten (10) acres or less is
recorded over all, or a part of, the Initial Map 4785 (the
"Subsequent Map "), whichever occurs first. The total amount
of $817,600, as may be increased by the annual indexing, shall
be paid in full to City no later than the tenth (10th)
anniversary of the issuance of the first building permit for
any commercial or industrial use within the boundaries of the
Initial Map or the tenth (10th) anniversary of the issuance of
the first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. (SA -7 &8)
34. The City of Moorpark, in sole and unfettered
discretion, may elect not to collect the Mitigation Fee. In
the event of such election, Plaintif :., shall be
responsible for all costs for traffic mitigation measures
TC12, TC13 (cost of signal installation or modification at
A:\TRACT.RES 11
State Route 23 northbound ramps /Tierra Rejada Road only), TC14
(cost of signal installation or modification at State Route 23
southbound ramps /Tierra Rejada Road only) and TC17, as
described in the SEIR. Prior to the issuance of the first
building permit within the boundaries of the Amended Specific
Plan, "' -��# shall make a written request of
Defendan t t)iatrey decide whether or not to make
the election; and ^��� ~''�-' shall notify
Main lff of dec%s on within thirty (30)
...:
days•��•after receipt of the request . (SA-8)
The Mitigation Fee, if collected, may be expended by
n..F a ,� ,.:.._.
[ty in t: sole and unfettered discretion;
provided, however, payment of the Mitigation Fee represents
payment in full of the "fair share" amounts required by
traffic mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal installa-
tion or modification at State Route 23 southbound ramps /Tierra
Rejada Road only) and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in
full or in part, of certain traffic mitigation measures
described in the SEIR that will be installed by others but for
...... ...............................
which "' ~} ff~ s are required to pay "fair share"
amounts to City. "fair share" amounts shall be determined
by the following percentages applied to the actual costs of
said installations: TC7 (48%), TC10 (34 %) and TC11 and TC13
(signal modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
The remaining traffic mitigation measures described in the
SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements
rather than the 63% provided for in the SEIR), TC5, TC8, TC13
( signal at Science Drive /New Los Angeles Avenue only) and TC15
(signal at "A" Street / "B" Street only) shall be installed by
Plaintif
:«..pt at their sole cost and expense, without
off -set against"'tle AOC Fee or the Mitigation Fee. The second
Tierra Rejada westbound and eastbound lanes identified in the
SEIR have been constructed by City (the "Widening Project ").
'pan.., shall have no financial obligation with
respect to the Widening Project except as provided in this
................................................... ...............................
Agreement; provided, however, Cone ' o e `:;; :` t> .:. t. :
7 :..:::.:::::.:......... ......::.:. P!...................: t::.............
shall complete frontage improvements on tfie nortfi side... .of
Tierra Rejada Road adjacent to the property described in
Exhibit B, including, but not limited to, approximately eight
(8) feet of paving, striping, curb and gutter, sidewalk,
drainage, parkway landscaping and signage, no later than the
issuance of the first occupancy permit within the boundaries
of the property described in Exhibit "B "< '< ``...�. `
SA -9 :...:.......
:.:::: :::.:::.:::..
.....:::............. ..: .:::..:...:......::......:.....
A:\TRACT.RES 12
35. Other fees are listed under the heading "City Engineer
Department Conditions."
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED•
GENERAL
36. All areas to be commonly maintained, as determined by the
City, shall be designated as separate lettered lots on sub-
division maps.
37. Recorded phased final maps of each Lot within the Master
Tentative Tract Map(s) shall be permitted. Additional
tentative tract subdivision maps of the Lots are to be filed
subsequent to or concurrent with the Master Tentative Tract
Maps.(SP -62)
38. The applicant shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
39. Graded slopes, visible from off -site to the west shall be
hydroseeded immediately upon completion consistent with the
landscape concept plan. The city shall specify alternate
deadlines for completion of all hydroseeding based on the
grading schedule. (EIR 2 -5, T1)
40. Concurrent with submittal of the rough grading plan an
erosion, debris /siltation and dust control plan shall be sub-
mitted to the City for review and approval by the City
Engineer. Along with these control measures, hydroseeding and
temporary irrigation shall be provided on all graded slopes
within 30 days of completion of grading on those slopes.
41. All on -site haul routes shall be approved by the City Engineer
and clearly marked on the grading plan. All areas where
grading is not allowed shall be clearly shown on the grading
plans (all sheets). On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre -
grading meeting.
42. All off -site import /export operations, requiring an excess of
12 total trucks loads, shall require Council approval prior to
the issuance of a grading permit. '
43. The applicant shall submit to the City of Moorpark for review
A:\TRACT.RES 13
and approval, detailed Soils and Geology Reports certified by
a Registered Civil Engineer in the State of California. The
geotechnical report shall include an investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
Note: Review of the soils and geology report by the City's
consultant may be required by the City Engineer. If so, the
applicant shall reimburse the City for all costs including the
City's administrative and overhead costs.
44. All recommendations included in the geotechnical and geology
reports 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.
45. All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council.
In order to develop the SR /C /BP Planning Areas, dirt will have
to be imported from Planning Area B. Accordingly, it will be
necessary to perform substantially all of the rough grading in
the north portion as part of the first phase development of
the commercial and business uses. Final grading of Planning
Area B can be performed at the time the residential
development is performed. (SP -15 2.a.)
46. The subdivider shall indicate in writing to the City the dis-
position of any water well(s) or any other well that may exist
within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements.
47. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development. (SP- 12.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided. Contour grading of all slopes shall
be provided to the satisfaction of the Director of Community
A:\TRACT.RES 14
Development and the City Engineer. (SP-11.b.)
48. No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U.S. Army Corps of Engineers.
49. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2 -6 T9, SP- 12.g.)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first.
50. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
(EIR 2 -6, T10, SP- 12.h.)
51. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet. (SP- 12.k.)
52. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes. (SP- 12.1.)
53. Interior slopes between manufactured building pads shall be
designed with up -slope property lines. (SP- 13.m.)
54. To reduce the impacts to the cactus wren, the applicant shall
offset the loss of the cactus phase of the coastal sage scrub
on the site. (As shown in the Environmental Impact Report,
Figure 22, dated 10- 12 -94)
A:\TRACT.RES 15
All areas of impact to the coastal sage scrub shall be
delineated on the grading plan. All areas in which
revegatation efforts will occur shall also be identified and
provisions to protect the revegatation area shall be included
within the grading plan as approved by the Director of
Community Development. (EIR 2 -9 B2)
55. Prior to the issuance of grading permits, the tree survey and
mitigation program shall be reviewed and approved by the
Director of Community Development. Preservation,
transplanting and planting of oak trees er ether s gn f e4„}
trees aed/er r- -== „t- shall be considered.
The grading plans shall be prepared, utilizing the above in-
formation, and shall depict the methods used during grading
operations which minimizes, to the extent possible, impacts or
...............
disruptions to said ?trees .
...............
When it is determined which aktrees will be preserved, the
...............
...............
following guidelines shall apply. (SP- 28.5.)
Design
Grading and /or the placement of structures shall be
prohibited within the dripline or three feet from
the trunks of the tree, whichever is greater.
steep a� 04-to Grading and trenching within this area is to be
6V fr
prohibited. No fill material shall be placed
�• within this area.
2q,b No type of surface, either pervious or impervious,
+ shall be placed within a six -foot radius of tree
trunks. These areas shall remain uncovered and
ieMMIO natural.
,�ic,CJ%J iii. Alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand
. joints, etc. shall be utilized.
iv. Retaining walls shall be used to protect existing
grades within the driplines of trees. However,
these walls shall not alter drainage from around
trees.
V. Drainage shall be directed away from tree trunks to
ensure that water will not stand at the crown. To
avoid drowning trees, water shall not be allowed to
pond or collect within the dripline.
b. During Construction
i. Trees within a construction area shall be protected
A:\TRACT.RES 16
from damage by equipment by installing temporary
barriers such as fencing at the dripline. b.l.)
ii. Equipment, debris, building materials and /or excess
soil shall not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be
routed around the dripline where possible.
iv. When not restricted by local building codes only
one trench shall be dug to accommodate all
utilities for lots. Where necessary, the roots
shall be carefully pruned by a specialist in
proportion to the total amount of root zone lost.
The boring of a conduit for underground utilities
shall be used where possible.
V. The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
56. With respect to the screening requirements found in the
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
which shall be exempt from these screening requirements: (SP-
50.1)
a. Graded berms which are constructed to act as a
screen, as required by the Specific Plan, shall be
installed along all parking areas abutting any
street. Except as otherwise provided below, the
screening (berms or walls) shall have a maximum
height of three and one -half (3 -1/2) feet.
b. Where the finished elevation of the property is
lower than an abutting property or street, appro-
priate landscape screening shall be employed to
screen structures /parking areas.
C. A screen as referred to above shall consist of one
or any combination of the following:
1) Walls, including retaining walls: A wall
shall consist of stone, tile or similar type
of solid masonry material a minimum of eight
(8) inches thick.
2) Berms: A berm shall be constructed of earthen
materials and it shall be landscaped. A berm
shall be a minimum of three (3) feet high.
57. So as to reduce debris from entering sidewalk and streets, the
approved grading plan shall show a slough wall, approximately
A:\TRACT.RES 17
18 inches high, with curb outlet drainage to be constructed
behind the back of the sidewalk where slopes exceeding 4 feet
in height are adjacent to-sidewalk. The developer shall use
the City's standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development.
STORM RUN -OFF
58. The storm drain system will be designed to accommodate 100 -
year storm flows. (SP -13)
59. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
structures required by the City. (EIR 2 -7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 100 -year frequency storm;
(SP -13)
C. All catch basins shall carry a 100 -year storm; (SP -13)
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
18
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j . If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50, 100 & 500
year flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices 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 parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property- Owners' Association or as
required by the City Engineer;
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
* This hydraulic /hydrology study shall analyze the
hydraulic capacity of the Arroyo Simi with and without
the storm drain system for the proposed development. The
applicant shall be responsible for obtaining Ventura
County Flood Control District approval of the analysis of
this system, as it relates to the downstream capacity,
and shall make any downstream improvements, required by
Ventura County Flood Control, to support the proposed
development of Tract 4973.
19
60. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
61. 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 the 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 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.
62. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
(EIR 2 -8, HY6)
63. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved in the Specific Plan and approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities
must also be acceptable to the Ventura County Public Works
Agency. (EIR 2 -7, HY3)
64. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance
district to maintain any private storm drainage systems.
STREET IMPROVEMENTS
65. The applicant shall submit to the City of Moorpark for review
20
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements.
The street improvements shall include concrete curb and
gutter, sidewalk, median(s), street lights, traffic signals,
striping and signing, traffic control, paving, and any
necessary transitions to the satisfaction of the City Engi-
neer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate the necessary right -of -way to make
all of the required improvements.
The applicable Ventura County Road Standard Plates are as
follows and have been modified to conform to the cross
sections shown on Exhibit 9 of the Carlsberg Specific Plan
dated 9 -7 -94 or as otherwise provided in the Settlement
Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and
timing for construction of all improvements and or payments
for improvements.)
New Los Angeles Avenue
66. New Los Angeles Avenue shall be per Ventura County Standard
Plate B -2A with right -of -way modified per cross section "G" of
Exhibit 9 of the Carlsberg Specific Plan ( revised 9-7-94) ( See
exhibit 9, Plate G)
a. The final location of the sidewalk will be as shown on
the Approved Landscape Plan. Approval of the landscape
plan shall be required prior to or concurrent with
approval of the grading plan for Tract 4973. (SP -26.d)
b. Should the sidewalk location be altered from the location
shown on the approved Tentative Map, the grading within
the street improvement area shall be revised and the
final elevations shall be approved by the Director of
Community Development.
67. Prior to occupancy of the first phase of Tract 4973 or any
subsequent map, the developer shall widen, to six lanes, New
Los Angeles Avenue from, but not including, the Arroyo Simi -
New Los Angeles bridge east to the 23 Freeway.
If, in the future, developer and the City of Moorpark mutually
agree, a traffic study shall be performed by, or on behalf of,
City at developer's sole cost and expense to assess the
cumulative traffic impacts of the actual use and development
of the 73 acres zoned SR/C/BP and fronting onto New Los
Angeles Avenue within the boundaries of the Amended Specific
Plan as compared to the impacts and required mitigation
21
forecast in the SEIR and the City's General Plan. In the
event the City Council determines from said traffic study that
six lanes on New Los Angeles Avenue, as described above, are
not required, The City agree that they will consider a request
by developer to eliminate said Condition. (SA -9.c., TC -8)
Spring Road
68. Spring Road north of Peach Hill Road shall be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "A -1" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
69. Prior to the issuance of the first zone clearance for
occupancy for either the SR /C /BP Area or Planning Area B, the
94 foot right -of -way for Spring Road, adjacent to Simi -
Moorpark Freeway Properties west property boundary which
extends from APN 500 -0- 350 -29 to the Arroyo Simi bridge, will
be offered for dedication to the City. Prior to the issuance
of the zone clearance for occupancy of the 70th residential
unit in Area B, eastside Spring Road frontage improvements
adjacent to the Simi - Moorpark Freeway's property will be
completed. (SP -15.b par. 2)
The sidewalk on the east side of Spring Road north of Peach
Hill Road shall be built adjacent to the curb.
Science Drive
70. Science Drive shall be designed from New Los Angeles Avenue to
600 feet south of the intersection of New Los Angeles Avenue
and shall be per Ventura County Standard Plate B -2A modified
with a 108 ft. right of way per cross section "B" of Exhibit
9 of the Carlsberg Specific Plan, (revised 9- 7 -94).
a. The final location of the sidewalk will be as shown on
the Approved Landscape Plan. Approval of the landscape
plan shall be required prior to or concurrent with
approval of the grading plan for Tract 4973. (SP -26.e)
b. Should the sidewalk location be altered from the location
shown on the approved Tentative Map, the grading within
the street improvement area shall be revised and the
final elevations shall be approved by the Director of
Community Development.
71. Science Drive from 600 feet south of New Los Angeles Avenue to
Peach Hill Road shall be per Ventura County Plate B -2B
modified with a 104 foot Right of Way per cross section "B -1 ",
Exhibit 9 of the Carlsberg Specific Plan, (revised 9- 7 -94).
Science Drive, from 600 feet south of Los Angeles Avenue to
P*A
Tierra Rejada Road, will feature enhanced (20) foot landscaped
parkways, including eight (8) foot sidewalks, located on the
east and west sides within one hundred four (104) foot
extended right -of -way.
a. Science Drive is to be extended from "B" street to Peach
Hill Road and intersection improvements including
signalization at Peach Hill Road, if determined necessary
by the City at the time of subdivision, are to be
completed prior to zone clearance for occupancy of the
1st residential unit in Planning Area B (TC3).
The developer shall also install a traffic signal at the
Science Drive / "B" Street intersection at this time. (SA-
S par 2, TC15, SP -16 par. 1, EIR 2 -13 TC15).
b. The City may elect to defer the need for intersection
signalization at the Science Drive /Peach Hill Road
intersection by having the developer, at the developer's
sole cost and expense, conduct a warrant study prior to
the issuance of zone clearance for occupancy of the 227th
and 552nd residential unit within the Amended Specific
Plan Area. Should there be no warrant for signal
installation by the time a zone clearance for occupancy
on the 227th and 552nd (or last residential unit) within
the Specific Plan Area, then the City may elect to
release the developer from their obligation to construct
this signal.
72. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific plan. No other
median breaks are allowed.
73. Prior to the issuance of the first zone clearance for
occupancy in either the SR /C /BP Area or Planning Area B the
developer shall construct (i) the southbound leg of the
intersection at Science Drive and New Los Angeles Avenue;
including westbound left -turn lane, eastbound right -turn lane,
shared southbound through lane /southbound right -turn lane,
northbound left -turn lane, second northbound left -turn lane,
northbound right -turn lane, shared northbound through
lane /northbound right -turn lane (TC2) and traffic signal
modification to provide eastbound right -turn overlap with the
northbound left -turn movement (EIR 2 -10, TC2) at New Los
Angeles Avenue and the proposed southern extension of Science
Drive (TC2 and TC13) and (ii) Science Drive to its four lane
configuration from New Los Angeles Avenue to 600 feet south
and including the "B" Street intersection (TC1, TC5, SP -15.b.
par. 1)
74. Prior to the issuance of the first zone clearance for
occupancy in either the SR /C /BP Area or Planning Area B the
23
developer shall construct the Science Drive / "B" Street
Intersection. Applicant to fully construct intersection and
provide northbound left -turn lane; northbound through lane;
northbound right -turn lane; southbound left -turn lane; second
southbound left -turn lane; shared southbound through
lane /southbound right -turn lane; southbound left -turn lane;
southbound right -turn lane; shared westbound through
lane /westbound right -turn lane; eastbound left -turn lane;
shared eastbound through lane /eastbound right -turn lane; and
provide northbound right -turn overlap with the westbound left -
turn movement as part of signal installation. (EIR 2 -11, TC5)
Other:
75. The applicant shall include bus stop turnouts in the final
street improvement plans and provide for their construction,
near Science Drive along New Los Angeles Avenue, to service
the commercial areas of the project. (EIR 2 -16, A8)
The final location of the bus route and facilities shall be
approved by the Director of Community Development.
76. The developer shall adhere to Business and Professions Code
Section 8771 which requires that all monuments be located and
tied out prior to any construction or relocation of a street.
The surveyor shall certify on the proposed street improvement
plans that all recorded monuments in the construction area
have been located and either protected in place or replaced
pursuant to State Assembly Bill 1414.
77. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
78. The subdivider shall provide slope easements for road main-
tenance purposes only along all roads where the top of cut
plus 5 feet or the toe of fill plus 5 feet is beyond the dedi-
cated right of way. Said slope easements shall include the
area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
Trail Easements and Improvements
79. The final map shall indicate the location of all trail
easements. The minimum widths of said easements shall be 12
feet. The trail easements shall be offered for dedication to
the City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
the estimated cost of the improvements. Once the trails have
been built, the owners, association, maintenance district, or
similar entity shall be responsible for maintaining the
trails. Trails shall be approved by the City Council and
24
,oa►ft-I
AlPq
shown on the final map prior to recordation. The developer
shall enter into an agreement with the City to assure the
maintenance responsibilities are conferred to the entities
described within this condition.
The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973. The plan shall provide
f e Plan-
Area, for all trails, within '?tie -xee Sre�- -_r
to be operational uponcoripletion of the Neighborhood
Park area.
81. The developer shall provide that the site /grading and
improvement plans assure pedestrian and bikeway access between
all bus stops and bicycle paths, respectively; and adequate
on -site development of such. (EIR 2 -16, A9)
82. Moorpark Ave. /Los Angeles Avenue Intersection Improvements:
Applicant to pay fair share of the costs to convert the shared
southbound left -turn lane /southbound through lane /southbound
right -turn lane to a second southbound left -turn lane and
convert southbound right -turn lane to shared southbound
through lane /southbound right -turn lane (project share 34
percent). (EIR 2 -12, TC10, SP -17, SA -8)
lv
Spring Road / Los Angeles Avenue: Applicant to pay fair share
of the ? r. .:costs to add a third
eastbound 'arid'westbodnd''ldne remove second eastbound left -
turn lane; and modify signal to provide a southbound right -
turn overlap with the eastbound left -turn movement and
westbound right -turn overlap with the south -bound left -turn
movement. (project share 50 percent) . (EIR 2 -13, TC11, SP -17,
SA -8)
NOW
s r etlens at --sp Spring Read /les Angeles Avenue the
SnQ Cer ,.
> �3 �4,
1p
MO* � 1 c tM.r.. 2 5
86. Prior to the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, applicant shall pay City
the Tierra Rejada /Spring Road Area of Contribution Fee (the
"AOC Fee "). The AOC Fee shall be the dollar amount in effect
at the time of the payment of the fee. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the
"fair share" amounts required by traffic mitigation measures
TC6, TC9, TC13 (cost of signal installation or modification at
Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of
signal installation at Moorpark Road /Tierra Rejada Road only)
and TC15 (cost of signal installation at "A" Street /Tierra
Rejada Road only), as described in the SEIR. (SA -6,7)
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the applicant would not have to pay the Area of
Contribution fee.
87. Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1 -1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. In areas of
longitudinal trenching, paving fabric shall be used to
prevent reflective cracking.
88. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
90. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
91. Special intersection treatment designs involving variations in
W-1
his expense.
89.
Publicly dedicated streets shall conform to
the
design
requirements of the Ventura. County Road Standards
(most
recent
„/-
revision exce t as
Paced the >f�o�,r�.:.rl....
follows:
Ci413 `1
a. Sidewalks to be a minimum of five feet
wide
at all
Ll
points.
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
90. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
91. Special intersection treatment designs involving variations in
W-1
paving material, where major pedestrian and vehicular
circulation elements intersect, shall be approved by the
Director of Public Works and Director of Community
Development. (SP -24)
92. Lighting in areas adjacent to the natural open space portions
of the site shall be fully hooded and shielded to prevent
illumination of sensitive habitats. (EIR 2 -10, B5)
93. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvement, signalization, storm drain
improvements, sewer improvements, landscaping, parks, fencing,
bridges, etc.) or which require removal (i.e., model homes,
temporary debris basin, etc.) in a form acceptable to the
City. The subdivision surety agreement shall also include
provisions for all off -site improvements along the entire
frontage of Tract 4973 and other offsite improvements which
require mitigation as described herein.
94. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
95. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
UTILITIES
96. Utilities, facilities and services for the Carlsberg Specific
Plan Area will be extended and /or constructed in conjunction
with its phased development by the master developer as the
project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with V.C.W.W. Dist. No. 1 to construct the improvements
and the system will be dedicated to V.C.W.W.Dist. No. 1
for maintenance. (SP -13)
b. Prior to recordation of a final map, the City, Calleguas
Municipal Water District and Water District No. 1 shall
approve final plans for water distribution. Either the
subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
27
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards. (SP -13)
Other Utilities:
c. Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television to
the Carlsberg Specific Plan Project Area will be made
prior to development of the project area. All services
can be extended by each respective company to meet future
demands of the Carlsberg Specific Plan Project Area.
Natural gas service will be provided by Southern
California Gas. Electric service will be provided by
Southern California Edison. Telephone service will be
provided by Pacific Bell. Solid waste collection will be
provided by private companies as regulated by the City.
These services will be phased in conjunction with
development of the project area. (SP -14)
OTHER
97. 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 Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
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 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.
PW
98. As an option in place of the Surety Performance Bond
requirements, the applicant or his successors will be allowed
to record the Final Map if the applicant or his successors
agrees to have a subordinate lien to the benefit of the City
placed on the subject property.
99. Subdivider shall pay all County fees related to Computer -aided
Mapping System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
100. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
101. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety,health
and welfare.
102. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
103. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Road and Science Drive except for approved ac-
cess locations.
104. That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
Ae- Sub-d-1vider shall emeeate a eevenant running with the 4:
the behalf - e�s-elf and its -su=m , s, and
reeing to partleipate —in the €erfxatlen of an a
striet -er e third inaneing— teehnrque inelud -ing, bu e �ted�e�e�a�rd-- sec�c r - - - -r - - -= -• - = -- - = -- _ _ _ - = - - - - - - -- l _ ^
ey eet-- and -ether pre j eets =�h in the as s essme�di�-iet , ate
�reved -b�h Engine��he- subdivide s a' ' retain
en gh €ems retest the af}e unt
106. Sufficient surety, as specified by the City Engineer,
guaranteeing all public improvements shall be provided. The
sureties shall remain in place for one year following
acceptance of the public improvements by the City.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
29
107. Grading may occur during the rainy season from October 15 to
April 15 if approved by the City of Moorpark and subject to
installation of debris and erosion control facilities.
Erosion control measures shall be in place and functional
between October 15th and April 15th. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8,
HY3 & 4)
108. That prior to any work being conducted within the State,
County, or City right of way, the subdivider shall obtain all
necessary encroachment permits from the appropriate Agencies.
109. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and The City
Engineer.
110. All trucks importing or exporting fill to or from the Tract
shall use tarpaulins to cover the load and shall operate
between the hours of 9 a.m. to 5 p.m. on weekdays only. As an
option the haul material may be watered in lieu of covering.
(If approved by the City Engineer)
111. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
112. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
113. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
(If feasible water from the Arroyo shall be used), paving con-
struction roads and other dust prevention measures. The
applicant shall submit a dust control plan, acceptable to the
city, concurrently with submittal of the mass (as opposed to
the precise) grading plan. This plan shall include, but is
not be limited to the following measures (EIR 2 -14, Al):
a. Water all site access roads and material excavated or
graded on- or off -site to prevent excessive amounts of
dust. Watering shall occur at least two times daily,
preferably in the late morning and after the completion
of work for the day.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (15 mph or
greater in one hour). The contractor shall maintain
contact with the APCD meteorologist for current informa-
tion about average wind speeds.
C. Water or securely cover all material transported off -site
30
U
and on -site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
e. Keep all grading and construction equipment on or near
the site, until these activities are completed.
f. Wash off heavy -duty construction vehicles before they
leave the site.
g. Apply nenhazafdeus -- eheiniea=- st-abilizers ce --all ina=-`:ye
pertiens- of tea— eenstfuetieR sit-e-.—When appropriate,
seed exposed surfaces with a fast - growing, soil- binding
plant to reduce wind erosion and its contribution to
local particulate levels.
Observe a 15 mile per hour speed limit for the con-
struction area.
i. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) which may have accumulated from
construction activities.
114. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. (EIR 2 -15, (A3)
115. Maintain equipment engines in good condition and in proper
tune as per manufacturers, specifications to prevent excessive
emissions. (EIR 2 -16, A4)
116. All diesel engines used in construction equipments should use
high pressure injectors. (EIR 2 -16, A5)
117. All diesel engines used in construction equipments should use
reformulated diesel fuel. (EIR 2 -16, A6)
118. During smog season (May - October) the city shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The city, at its discretion, may also limit construction
during Stage II alerts. (EIR 2 -16, A2)
119. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
01
120. Construction activities should be limited to weekdays and
Saturdays from 7:00 A.M. to 7:00 P.M. No construction
activities should occur on Sundays. (EIR 2 -19, N1)
121. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas.
The hauling plan must be identified as part of the grading
plan and approved by the City Engineer. (EIR 2 -19, N2)
122. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity
and residential areas. (EIR 2 -19, N3)
123. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
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 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.
125. The subdivider shall utilize all prudent and reasonable
measures (including a 6 foot high chain link fence around the
construction sites of buildings and structures, or as
determined by the City Engineer) to prevent unauthorized per-
sons from entering the work site at any time and to protect
the public from accidents and injury or provide on -site
security personnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
126. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
127. 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.
128. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
129. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
32
130. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
131. 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.
FIRE DEPARTMENT CONDITIONS
132. Prior to combustible construction, all weather access
road /driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
133. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (1316 ").
134. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
135. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
136. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
137. The private road(s) shall be named if serving more than two
(2) parcels or is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District's Communications Center for review.
138. Street name signs shall be installed in conjunction with the
road improvements. The type of sign shall be in accordance
with Plate F -4 of the Ventura County Road Standards.
139. Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project.
33
140.
141.
1 ,
AU)-( t PAA
a,tk4 eto.
/Mk4 A4
N1 %' 06 14
Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
C-enne�ien— e��i�traets shall require -- p ..ti-n ef
Srenee Drive to Tierra Rejada er the — eempletien —ezP
Hiii
144. A fuel modification zone shall be maintained 100 feet wide.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
145. The developer shall enter into an agreement for the
construction of all water and sewer facilities, both on -site
and off -site, required for this development. The applicant
shall comply with the District's "Rules and Regulations" and
pay all applicable fees.
Tentative Tract May No. 4974 Conditions:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
i0'•• THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF
APPROVAL: ?`.';''1' "'?:`:SP SPECIFIC PLAN
n SEIR (SUBSEQUM"-'x" ` Wt.... NTAY; IMPACT REPORT) , OTHER
REFERENCES ARE FROM THE MITIGATION MONITORING PROGRAM FOR
THE AMENDED SPECIFIC PLAN.
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative Map and all
provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
34
notations, specifications, dimensions, typical sections and
the like which may be shown on said map.
2. If the map is to record in phases. it shall be recorded in
phases consistent with the approved phasing plan in the
Specific Plan.
3. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
4. 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.
5. All applicable requirements of any law or agency of the State,
City of Moorpark and any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
6. 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.
7. 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.
8. This Tentative Map shall expire 3 years from the date of its
approval. The Director of Community Development may, at his
discretion, grant up to two (2) additional one (1) year
extensions for map recordation, if there have been no changes
in the adjacent areas and if applicant can document that he
has diligently worked towards map recordation during the
initial period of time. The request for extension of this
entitlement shall be made in writing, at least 30 -days prior
to the expiration date of the permit.
9. As of the date of recordation of final map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the tentative map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendments, except as
provided in the Settlement Agreement dated September 7, 1994.
10. No asbestos pipe or construction materials shall be used
35
within this subdivision.
11. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
12. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
CONCURRENT RECORDATION
13. Tract Map No. 4973 shall be recorded concurrently with Tract
Map No. 4974, or Tract Map No. 4974 shall record first.
DEVELOPMENT FEE
14. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the
boundaries of the Amended Specific Plan, the applicant shall
pay the City, except as provided in Section 12 of the
Settlement Agreement, a Development Fee as desc'ribed herein
(the "Development Fee ") and any Capital Development Fee
36
adopted by the City Council on or before April 30, 1995 and
imposed on similar construction. The Development Fee may be
expended by the City in their sole and unfettered discretion.
On the effective date of the Settlement Agreement, the Fee
shall be $1,587 per residential unit and $4,443 per gross acre
of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing
on the first day of the month following the month in which the
Settlement Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5%) per month on the first day of the month ( "monthly
indexing "). Institutional uses, whether or not exempt from
secured property taxes, shall be exempt from the fee.
The Development Fee for commercial and industrial uses is
intended to result in a total payment to the City of not less
than $324,339 on the effective date of the Settlement
Agreement and is based upon the assumption that seventy -three
(73) gross acres are subdivided into lots for SR /C or BP
usage, the Development Fee for commercial and industrial uses
shall be adjusted from $4,443 per gross acre to an amount per
gross acre that would result in a total payment of $324,339,
excluding the monthly indexing. The acreage shall be
determined from the Initial Map, as hereinafter defined in
this paragraph, or the Subsequent Map, as hereinafter defined
in this paragraph, which is in effect on the Adjustment Date.
The Adjustment Date shall mean the date upon which the first
building permit is issued for any commercial or industrial
uses within the boundaries of Tentative Tract Map No.i
��or a subdivision Map that is recorded in lieu of the Tentative
Tract Ma p the Initial Map) or the date
upon which the"'fIrst subdivision map containing an SR /C or BP
use lot of ten (10 ) acres or less is recorded over all, or
part of, the Initial Mapes, (the "Subsequent Map "),
whichever occurs first. The total amount of $324,339, as
increased by the monthly indexing, shall be paid in full to
the City no later than the tenth(10th) anniversary of the
issuance of the first building permit for any commercial or
industrial use within the boundaries of the Subsequent Map,
whichever occurs first. The Initial Map and Subsequent Map
shall be so conditioned. (SA -5 &6)
PARK IMPROVEMENT FEE
15. As a condition of the issuance of a building permit for each
commercial or industrial use within the boundaries of the
Amended Specific Plan, the developer shall pay the City a fee,
in an amount set by resolution of the City Council, to be used
for park improvements within the City of Moorpark. The amount
of the fee shall be the same as that paid for other commercial
and industrial uses, but in no event shall the fee exceed
fifty cents ($.50) per square foot of gross floor area.
37
Institutional uses shall pay on the same basis as commercial
and industrial uses, except that institutional uses which are
exempt from secured property taxes shall be exempt from the
fee. (SA -5)
Grading
16. Every effort shall be made to use reclaimed water to irrigate
temporary erosion control landscaping and for dust control of
grading operations. Sufficient proof shall be given to the
Director of Community Development that using reclaimed water
is physically or economically not feasible prior to the
Director's decision to dispose with this condition.
17. Temporary irrigation shall be provided for all non permanent
erosion control landscaping until it is replaced with
permanent irrigation unless otherwise approved by the Director
of Community Development. Temporary irrigation must be
replaced with permanent irrigation prior to issuance of a
Zoning Clearance for the first building, unless drought -
tolerant plants selected do not require irrigation.
18. Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994.
19. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition
of graded and natural slopes, while preserving the basic
character of the site.
20. Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes.
21. Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope.
22. Grading shall emphasize scenic vistas to the open space areas.
23. Concrete drainage structures shall be tan colored concrete
and, to the extent possible, shall incorporate natural
structure and landscape to reduce their visibility.
Landscaping
24. Prior to grading permit approval 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 Specific Plan and the City of
Moorpark Guide to Landscape Plans, and shall be submitted to
�:3
the Director of Community Development for review and approval.
All streetscape landscaping shall be completed within 90 days
of completion of the related course street base.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the owners, association, maintenance
district, or similar entity.
b. 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 three (3) feet or more in height, and to replace
mature trees lost as a result of construction.
C. The subdivider shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. The landscaping shall be in place and receive final
inspection prior to final inspection of the Grading
Permit or prior to occupancy if the slope is within a
residential lot.
e. The final design of all sidewalks, barrier walls,
streetscape elements, urban landscaping, and pedestrian
paths within the project limits shall be consistent with
the Specific Plan and are subject to approval of the
Director of Community development.
f. Backflow preventers, transformers, or other exposed
utilities shall be shown on the landscape plan(s) and
shall be screened with landscaping and /or a wall.
Backflow preventers shall be installed within ten (10)
feet from the water meter or ash close as practical. It
shall be a minimum of 12 inches above grade and not more
than 36 inches measured from the bottom of the devise and
with a minimum 12 inch side clearance.
g. All landscaped pedestrian walkways shall be designed to
provide an aesthetically pleasing streetscape appearance.
All pedestrian walkway plans shall be subject to approval
of the Director of Community Development.
h. Landscaping at site entrances and exits and at any
intersection within the development shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
i. Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan
MWO
unless drought tolerant plants do not require irrigation.
The subdivider shall be responsible for maintaining the
irrigation system and all landscaping until such time as
a owners' association, maintenance district, or similar
entity accepts the responsibility.
j. Prior to Owners' Association, maintenance district's, or
similar entity's acceptance of responsibility for the
landscaping, the subdivider shall replace any dead plants
and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
subdivision.
k. The subdivider shall agree to provide the necessary
maintenance easements to the City for those designated
common landscape areas.
1. The subdivider shall maintain the right to protest the
amount and spread of any proposed assessment in relation
to the formation of a landscape maintenance assessment
district, if and when created by the City. (The
subdivider shall record a covenant to this effect).
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
n. The subdivider shall provide an irrevocable offer of
dedication of easements adjacent to public and private
roads for all slope areas adjacent to roadways that are
proposed to be landscaped.
o. The use of native and /or drought- tolerant shrubs and
trees shall be utilized for landscaping purposes in order
to stabilize graded slopes and encourage the return of
some wildlife species displaced from the project site as
a result of grading activities.
p. Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
Pampus Grass, Spanish Broom, and Tamarisk shall not be
used.
q. Prior to recordation, the final parcel map shall indicate
all landscape planting and maintenance easements. Said
easement shall encompass all man -made slopes adjacent to
said lots.
Dedication of Park
25. Prior to recordation, the applicant at its sole cost and
expense shall offer to dedicate the park land and natural
M
preserve land to the City of Moorpark as shown on the Amended
Specific Plan Exhibit No. 7. The applicant shall make
improvements and shall provide maintenance as specified in the
Specific Plan and Settlement Agreement.
Utilitv Actencv Reauirements
26. Prior to approval of a final jOap, the subdivider shall
demonstrate by possession''of a "bistrict Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
27. Prior to approval of a Final Map, 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 water or sewer service.
28. 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.
29. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed underground to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. The subdivider shall indicate in
writing how this condition will be satisfied.
Requirement for Wildlife Guzzler
30. Based on the recommendation of a qualified biologist, the
subdivider shall install a wildlife guzzler in the open space
within the site for wildlife, as recommended by a qualified
biologist in either Tract 4973 or Tract 4974. All plans for
the guzzler shall be reviewed and approved by the City prior
to issuance of grading permits.
41
Fees, Contributions and Deposits
31. Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
32. Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
33. As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, Plaintiffs shall pay City
a mitigation fee (the "Mitigation Fee "). The Mitigation Fee
shall be Two Thousand Dollars ($2,000) per residential unit.
The Mitigation Fee shall be Eleven Thousand Two Hundred
Dollars ($11,200) per gross acre of the Sub -
Regional /Commercial (SR /C) or Business Park (BP) lot on which
the commercial or industrial use is located. Commencing on
January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect
the change in the Highway Bid Price Index for the twelve (12)
month period that is reported in the latest issue of the
Engineering News Record that is available on December 31st of
the preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses
shall pay on the same basis as commercial and industrial uses,
except that institutional uses which are exempt from secured
property taxes shall be exempt from the fee. (SA -7)
34. The Mitigation Fee for commercial and industrial uses is
intended to result in a total payment to City of not less than
$817,600 and is based upon the assumption that seventy -three
(73) gross acres will be developed with SR /C and /or BP uses;
to wit: $817,600 _ 73 gross acres = $11,200 per gross acre.
If, on the Adjustment Date, as hereinafter defined in this
paragraph, more or less than 73 gross acres are subdivided
into lots for SR /C and /or BP usage, the Mitigation Fee for
commercial and industrial uses shall be adjusted from $11,200
per gross acre to an amount per gross acre that will result in
the total payment of $817,600; provided, however, if the
Adjustment Date occurs on or after January 1, 1997, said total
payment amount shall be subject to the annual indexing, but in
no event shall it be decreased below the original dollar
amount specified herein. The acreage shall be determined from
the Initial Map, as hereinafter defined in this paragraph, or
the Subsequent Map, as hereinafter defined in this paragraph,
which is in effect on the Adjustment Date. The Adjustment
Date shall mean the date upon which the first building permit
is issued for any commercial or industrial use within the
boundaries of Tract Map 4785 or a subdivision map that is
2K
recorded in lieu of Tentative Tract Map 4785 (collectively the
"Initial Map ") or the date upon which the first subdivision
map containing an SR /C or BP lot of ten (10) acres or less is
recorded over all, or a part of, the Initial Map 4785 (the
"Subsequent Map "), whichever occurs first. The total amount
of $817,600, as may be increased by the annual indexing, shall
be paid in full to City no later than the tenth (10th)
anniversary of the issuance of the first building permit for
any commercial or industrial use within the boundaries of the
Initial Map or the tenth (10th) anniversary of the issuance of
the first building permit for any commercial or industrial use
within the boundaries of the Subsequent Map, whichever occurs
first. (SA -7 &8)
35. The City of Moorpark, in the sole and unfettered
discretion, may elect not to collect•the Mitigation Fee. In
the event of such election, Plaintif .... i shall be
responsible for all costs for traffic mitigation measures
TC12, TC13 (cost of signal installation or modification at
State Route 23 northbound ramps /Tierra Rejada Road only), TC14
(cost of signal installation or modification at State Route 23
southbound ramps /Tierra Rejada Road only) and TC17, as
described in the SEIR. Prior to the issuance of the first
building permit within the boundaries of the Amended Specific
..::... ...............................
Plan, a?t shall make a written request of
thatey decide whether or not to make
the electori''`':': and ~�'a„� �r; „<<`; shall notify
of decision within thirty 30
days after receipt of the ........ . request. (SA -8)
The Mitigation Fee, if collected, may be expended by
Defe.,dan in thel sole and unfettered discretion;
provided, fiowever, payment` of the Mitigation Fee represents
payment in full of the "fair share” amounts required by
traffic mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal installa-
tion or modification at State Route 23 southbound ramps /Tierra
Rejada Road only) and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in
full or in part, of certain traffic mitigation measures
described in the SEIR that will be installed by others but for
which "' ,; nt r are required to pay "fair share"
amounts to City. air share" amounts shall be determined
by the following percentages applied to the actual costs of
said installations: TC7 (48 %), TC10 (34 %) and TC11 and TC13
(signal modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
The remaining traffic mitigation measures described in the
SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements
43
rather than the 63% provided for in the SEIR), TC5, TC8, TC13
(signal at Science Drive /New Los Angeles Avenue only) and TC15
(signal at "A" Street / "B "Street only) shall be installed by
at their sole cost and expense, without
off -set against tie'P,OC Fee or the Mitigation Fee. The second
Tierra Rejada westbound and eastbound lanes identified in the
SEIR have been constructed by City (the "Widening Project ").
r�€ shall have no financial obligation with
respect to thelclening Project except as provided in this
Agreement; provided, however, Conejor:.;c'
g P
shall complete frontage improvements" on tte north s di of
Tierra Rejada Road adjacent to the property described in
Exhibit B, including, but not limited to, approximately eight
(8) feet of paving, striping, curb and gutter, sidewalk,
drainage, parkway landscaping and signage, no later than the
issuance of the first occupancy permit within the boundaries
of the property described in Exhibit
36. Other fees are listed under the heading "City Engineer
Department Conditions."
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE
SATISFIED•
GENERAL
37. All areas to be commonly maintained, as determined by the
City, shall be designated as separate lettered lots on sub-
division maps.
38. Recorded phased final maps of each Lot within the Master
Tentative Tract Map(s) shall be permitted. Additional
tentative tract subdivision maps of the Lots are to be filed
subsequent to or concurrent with the Master Tentative Tract
Maps.(SP -62)
39. The applicant shall submit to the City of Moorpark for review
and approval, a rough grading plan, consistent with the
approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
40. Graded slopes, visible from off -site to the west shall be
hydroseeded immediately upon completion consistent with the
landscape concept plan. The city shall specify alternate
deadlines for completion of all hydroseeding based on the
grading schedule. (EIR 2 -5, T1)
44
41. Concurrent with submittal of the rough grading plan an
erosion, debris /siltation and dust control plan shall be sub-
mitted to the City for review and approval by the City
Engineer. Along with these control measures, hydroseeding and
temporary irrigation shall be provided on all graded slopes
within 30 days of completion of grading on those slopes. (EIR
2 -7, HY1)
42. All on -site haul routes shall be approved by the City Engineer
and clearly marked on the grading plan. All areas where
grading is not allowed shall be clearly shown on the grading
plans (all sheets). On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre -
grading meeting.
43. All off -site import /export operations, requiring an excess of
12 total trucks loads, shall require Council approval prior to
the issuance of a grading permit.
44. The applicant shall submit to the City of Moorpark for review
and approval, detailed Soils and Geology Reports certified by
a Registered Civil Engineer in the State of California. The
geotechnical report shall include an investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
Note: Review of the soils and geology report by the City's
consultant may be required by the City Engineer. If so, the
applicant shall reimburse the City for all costs including the
City's administrative and overhead costs.
45. All recommendations included in the geotechnical and geology
reports 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.
46. All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council.
Development of Planning Areas D & I will require a combined
grading plan. Planning Area C will be graded as one project.
Planning Area A is also to be graded as one project, however,
import of dirt from Area D prior to final grading is
permitted. (SP -16)
47. The subdivider shall indicate in writing to the City the dis-
45
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.
48. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development. (SP -12 2.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be
graded in such a way that a contoured appearance in the graded
plane shall be provided. Contour grading of all
slopes shall be provided to the satisfaction of the Director
of Community Development and the City Engineer. r
..........................
49. No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U.S. Army Corps of Engineers.
50. All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2 -6 T9)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first.
51. All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
(EIR 2 -6, T10, SP- 12.h.)
52. Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
46
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet -. (SP- 12.k.)
53. Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners, association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes. (SP- 12.1.)
54. Interior slopes between manufactured building pads shall be
designed with up -slope property lines. (SP- 13.m.)
55. To further reduce direct and indirect impacts to the Orcutt
grass and seasonal pool, no development (with the exception of
drainage control features) shall occur within 100 feet of the
upper limits of the seasonal pool. (EIR 2 -9, B1)
56. To reduce the impacts to the cactus wren, the applicant shall
offset the loss of the cactus phase of the coastal sage scrub
on the site. (As shown in the Environmental Impact Report,
Figure 22, dated 10- 12 -94)
All areas of impact to the coastal sage scrub shall be
delineated on the grading plan. All areas in which
revegatation efforts will occur shall also be identified and
provisions to protect the revegatation area shall be included
within the grading plan as approved by the Director of
Community Development. (EIR 2 -9, B2)
57. When water is present in the seasonal pool, it shall not be
artificially drained or otherwise subjected to disturbance.
Biological methods for mosquito control shall be utilized,
including introduction of mosquitofish or the use of Bacillus
thuringiensis /israelensis (Bt), a commercially- available
biological control which is specific for mosquito larvae. (EIR
2 -9, B3)
58. Prior to the issuance of grading permits, the tree survey and
mitigation program shall be reviewed and approved by the
Director of Community Development. Preservation,
'5U ZpwL4 transplanting and planting of oak trees er ether gn f can
Cd'K.� trees e� - shall be considered.
-- plant -
ya)3 he grading plans shall be prepared, utilizing the above in-
ormation, and shall depict the methods used during grading
(ru-tfl operations which minimizes, to the extent possible, impacts or
�µ,� disruptions to said otrees .
When it is determined which `trees will be preserved, the
following guidelines shall apply. (SP -28.5)
47
a. Design
i. Grading and /or the placement of structures shall be
prohibited within the dripline or three feet from
the trunks of the tree, whichever is greater.
Grading and trenching within this area is to be
prohibited. No fill material shall be placed
within this area.
ii. No type of surface, either pervious or impervious,
shall be placed within a six -foot radius of tree
trunks. These areas shall remain uncovered and
natural.
iii. Alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand
joints, etc. shall be utilized.
iv. Retaining walls shall be used to protect existing
grades within the driplines of trees. However,
these walls shall not alter drainage from around
trees.
V. Drainage shall be directed away from tree trunks to
ensure that water will not stand at the crown. To
avoid drowning trees, water shall not be allowed to
pond or collect within the dripline.
b. During Construction
i. Trees within a construction area shall be protected
from damage by equipment by installing temporary
barriers such as fencing at the dripline.
ii. Equipment, debris, building materials and /or excess
soil shall not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be
routed around the dripline where possible.
iv. When not restricted by local building codes only
one trench shall be dug to accommodate all
utilities for lots. Where necessary, the roots
shall be carefully pruned by a specialist in
proportion to the total amount of root zone lost.
The boring of a conduit for underground utilities
shall be used where possible.
V. The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
59. With respect to the screening requirements found in the
48
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
which shall be exempt from these screening requirements: (SP-
50.1)
a. Graded berms which are constructed to act as a
screen, as required by the Specific Plan, shall be
installed along all parking areas abutting any
street. Except as otherwise provided below, the
screening (berms or walls) shall have a maximum
height of three and one -half (3 -1/2) feet.
b. Where the finished elevation of the property is
lower than an abutting property or street, appro-
priate landscape screening shall be employed to
screen structures /parking areas.
C. A screen as referred to above shall consist of one
or any combination of the following:
1) Walls, including retaining walls: A wall
shall consist of stone, tile or similar type
of solid masonry material a minimum of eight
(8) inches thick.
2) Berms: A berm shall be constructed of earthen
materials and it shall be landscaped. A berm
shall be a minimum of three (3) feet high.
60. 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 exceeding 4 feet
in height are adjacent to sidewalk. The developer shall use
the City's standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development.
STORM RUN -OFF
61. The storm drain system will be designed to accommodate 100 -
year storm flows. (SP -13)
62. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on -site and off -site drainage
49
structures required by the City. (EIR 2 -7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 100 -year frequency storm;
(SP -13)
C. All catch basins shall carry a 100 -year storm; (SP -13)
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 50, 100 & 500
year flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices 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
50
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association or as
required by the City Engineer;
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge, subject to review and approval of the City
Engineer.
* This hydraulic /hydrology study shall analyze the
hydraulic capacity of the Arroyo Simi with and without
the storm drain system for the proposed development. The
applicant shall be responsible for obtaining Ventura
County Flood Control District approval of the analysis of
this system, as it relates to the downstream capacity,
and shall make any downstream improvements, required by
Ventura County Flood Control, to support the proposed
development of Tract 49734;.
63. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
64. 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 the 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 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.
51
65. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
(EIR 2 -8, HY6)
66. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
conceptually approved in the Specific Plan and approved by the
City, shall be delineated on the final drainage plans. Either
on -site retention basins or storm water acceptance deeds from
off -site property owners must be specified. These facilities
must also be acceptable to the Ventura County Public Works
Agency. (EIR 2 -7, HY3)
67. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance
district to maintain any private storm drainage systems.
STREET IMPROVEMENTS
68. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements.
The street improvements shall include concrete curb and
gutter, sidewalk, median(s), street lights, traffic signals,
striping and signing, traffic control, paving, and any
necessary transitions to the satisfaction of the City Engi-
neer. All driveway locations shall be approved by the City
Engineer and the Director of Community Development. The
subdivider shall dedicate the necessary right -of -way to make
all of the required improvements.
The applicable Ventura County Road Standard Plates are as
follows and have been modified to conform to the cross
sections shown on Exhibit 9 of the Carlsberg Specific Plan
dated 9 -7 -94 or as otherwise provided in the Settlement
Agreement of the same date. ( In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and
timing for construction of all improvements and or payments
for improvements.)
Spring Road
69. Spring Road, south of Peach Hill Road shall, be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "A" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
South of Peach Hill Road the sidewalk will be built within the
thirty -two (32) foot landscaped parkway at a location
determined by the City as shown on the approved landscape
plans. (SP -25 4.c)
70. Prior to the issuance of the first zone clearance for
occupancy for Areas A, C, D or I, the 94 foot right -of -way for
Spring Road adjacent to the Conejo Freeway Properties, Ltd's
west property boundary extending from APN 500 -0- 350 -36 to
Tierra Rejada Road will be dedicated to the City. Prior to
the issuance of the zone clearance for occupancy of the 55th
residential unit in Area D, Spring Road improvements south of
Peach Hill Road to Tierra Rejada Road will be completed. (SP-
16 3.b. par. 3)
Science Drive
71. Science Drive south of Peach Hill Road shall be per Ventura
County Standard Plate B -2A with a modified 104 foot right -of-
way per cross section 11B -1" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
Science Drive, from 600 feet South of Los Angeles Avenue to
Tierra Rejada Road, will feature enhanced twenty (20) foot
landscape parkways, including eight (8) foot sidewalks located
on the east and west sides within the one hundred four (104)
foot extended right -of -way.
72. Science Drive, including Peach Hill intersection, is to be
constructed from Peach Hill Road to Tierra Rejada Road prior
to issuance of the first zone clearance for occupancy for
residential units in either Planning Areas A, C or D (TC3).
North leg intersection improvements at Science Drive and
Tierra Rejada Road shall be required at this time as well
(TC4).
The developer is to fully construct the Science Drive /Peach
Hill Road Intersection and provide northbound left -turn lane,
northbound through lane, southbound through lane, southbound
right -turn lane, eastbound left -turn lane, and eastbound
right -turn lane. (EIR 2 -11, TC3)
73. Signalization Improvements, if determined necessary at the
time of subdivision (warrant study), at Peach Hill Road!
shall be completed prior to the issuance of zone
clearance for occupancy of the 227th residential unit in tie
The City may elect to defer the need for intersection
signalization at the -Science Drive /Peach Hill Road
intersection by having the developer, at the developer's sole
cost and expense, conduct a warrant study prior to the
issuance of zone clearance for occupancy of the 227th and
552nd residential unit within the Amended Specific Plan Area.
Should there be no warrant for signal installation by the time
a zone clearance for occupancy on the 227th and 552nd (or last
residential unit) within the Specific Plan Area, then the City
may elect to release the developer from their obligation to
construct this signal.
74. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific plan. No other
median breaks are allowed unless approved by the City
Engineer.
75. The developer is to fully construct the north leg of
intersection of Science Drive /Tierra Rejada Road and provide
westbound right -turn lane, eastbound left -turn lane,,
southbound left -turn lane, and southbound right -turn lane
(project share 100 percent) (EIR 2 -11, TC4, SA- pg. 9 par. 1).
Tierra Rejada Road
76. Tierra Rejada Road adjacent to Tract 4974 shall be per Ventura
County Standard Plate B -2B with a modified 94 foot right -of-
way per cross section "F" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9- 7 -94).
Tierra Rejada Road street improvements including westbound
right -turn lane at the Science Drive and Spring Road
intersections and northside improvements shall also include,
but not be limited to, approximately eight (8) feet of
additional paving, striping, curb and gutter, sidewalk,
drainage, parkway landscaping and signage. (SA -9, par. 1)
These north side improvements, east of the Spring Road
intersection, shall be constructed prior to issuance of the
first zone clearance for occupancy for residential units in
Areas A, C or D. (TC4, SA -9 par. 1)
Other:
77. Traffic signals at the following intersections shall be either
installed or modified; Spring Road /Tierra Rejada Road,
Moorpark Road /Tierra Rejada Road and Science Drive /Tierra
Rejada Road shall be installed or modified prior to the
issuance of the first zone clearance for occupancy within the
Conejo Freeway Properties ownership (Planning Areas A, C, D
3 . TC 14 . TC 15 . and TC 16
54
�x
78. Developer shall contribute-their fair share to the construc-
tion of the Moorpark Road /Tierra Road intersection, to the
extent that the following improvements exceed the AOC widening
of Tierra Rejada Road; cost to add second westbound left -turn
lane, second northbound right -turn lane, eastbound right- turn
lane, and provide northbound right -turn overlap with the
westbound left -turn overlap as part of signal installation
(project share is 48 %).
, /
O
' appEeved by the DiEeeteE ef GeffffnuRity Develepmentr
The developer shall adhere to Business and Professions Code
8771 which requires that all monuments be located and tied out
prior to any construction or relocation of a street.
The surveyor shall certify on the proposed street improvement
plans that all recorded monuments in the construction area
have been located and either protected in place or replaced
pursuant to State Assembly Bill 1414.
81. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
82. The subdivider shall provide slope easements for road main-
tenance purposes only along all roads where the top of cut
plus 5 feet or the toe of fill plus 5 feet is beyond the dedi-
cated right of way. Said slope easements shall include the
area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
Trail Easements and Improvements
83. The final map shall indicate the location of all trail
easements. The minimum widths of said easements shall be 12
feet. The trail easements shall be offered for dedication to
the City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
the estimated cost of the improvements. Once the trails have
been built, the owners, association, maintenance district, or
similar entity shall be responsible for maintaining the
trails. Trails shall be approved by the City Council and
shown on the final map prior to recordation. The developer
shall enter into an agreement with the City to assure the
55
Avenue t j - eetieR te- preyide -the Inter-seetlen with 'zfflum
raffle study shall analyee the prepesed and
ietits
a�15
ill be previde.
A part - e#the traff=e -study the develeper shall , p ; a
b 39
88. Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road /Tierra Rejada Road, (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA -7 par.
2).
89. Applicant to pay fair share of the costs to improve State
Route 23 northbound and southbound ramps /Tierra Rejada Road
(Payment of the Mitigation fee as described in the Settlement
Agreement shall represent payment of the applicants "fair
share" (EIR 2 -13 TC12, SA -8, SP -18 par. 1)
90. Applicant to pay fair share of the costs for the signal
installations at Moorpark Road /Tierra Rejada Road (Payment of
the AOC fee shall represent payment "in full" of the
Fes•'
maintenance responsibilities are conferred to the owners'
en., ntenanee —distr=et- er ether entities as
asseeiat- -
described within this condition.
4.
The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 497 -3. The plan shall provide
for all trails to be completed upon completion of the
neighborhood park area.
85.
The developer shall provide that the site /grading and im-
provement plans assure pedestrian and bikeway access between
all bus stops and bicycle paths, respectively; and adequate
on -site development of such. (EIR 2 -16, A9)
86.
State Route 23 northbound ramps /Tierra Rejada Road: Applicant
to pay fair share of the costs (potentially through Proposi-
tion 111, Congestion Management Program) to convert the shared
northbound left -turn lane /northbound right -turn lane to north-
bound right -turn lane, and to add second northbound left -turn
lane and second northbound right -turn lane. Note: These im-
provements are required to mitigate "no- project" as well as
"with- project" conditions. Payment of the Mitigation fee as
described in the Settlement Agreement shall represent payment
of the applicants "fair share". (EIR 2 -13, TC12, SP -18 par. 1)
Avenue t j - eetieR te- preyide -the Inter-seetlen with 'zfflum
raffle study shall analyee the prepesed and
ietits
a�15
ill be previde.
A part - e#the traff=e -study the develeper shall , p ; a
b 39
88. Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road /Tierra Rejada Road, (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA -7 par.
2).
89. Applicant to pay fair share of the costs to improve State
Route 23 northbound and southbound ramps /Tierra Rejada Road
(Payment of the Mitigation fee as described in the Settlement
Agreement shall represent payment of the applicants "fair
share" (EIR 2 -13 TC12, SA -8, SP -18 par. 1)
90. Applicant to pay fair share of the costs for the signal
installations at Moorpark Road /Tierra Rejada Road (Payment of
the AOC fee shall represent payment "in full" of the
Fes•'
applicants fair share amount for this intersection (SA -7 par.
2, EIR 2 -13 TC14)
91. Applicant to fully install-the signals at Science Drive /Tierra
Rejada Road (Payment of the AOC fee shall represent payment
"in full" of the applicants fair share amount for this
intersection. (SA -7 par. 2, EIR 2 -13, TC15)
92. The project developer shall contribute a fair share to
improvements to County roadways or related facilities ( cost of
signal installation or modification at State Route 23 south-
bound ramp /Tierra Rejada Road only) if a reciprocal agreement
between the County of Ventura and the City of Moorpark
addressing said matter is approved. (Payment of the Mitigation
fee as described in the Settlement Agreement shall represent
payment of the applicants "fair share ").(SP -18, TC -14, TC -17)
93. Prior to the issuance of a building permit for each residen-
tial, commercial or industrial use within the boundaries of
the Amended Specific Plan, applicant shall pay City the Tierra
Rejada /Spring Road Area of Contribution Fee (the "AOC Fee ").
The AOC Fee shall be the dollar amount in effect at the time
of the payment of the fee. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property
taxes shall be exempt from the fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the
"fair share" amounts required by traffic mitigation measures
TC6, TC9, TC13 (cost of signal installation or modification at
Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of
signal installation at Moorpark Road /Tierra Rejada Road only)
and TC15 (cost of signal installation at "A" Street /Tierra
Rejada Road only), as described in the SEIR. (SA -6 &7)
If previous payment of this contribution can be demonstrated,
to the City's satisfaction upon concurrence of the City
Manager, the applicant would not have to pay the Area of
Contribution fee.
94. Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1 -1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. The final
1 -1/2 inches cap of asphalt shall be placed after all
necessary trenching is completed. In areas of longitudinal
trenching, paving fabric shall be used to prevent reflective
cracking.
95. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
57
his expense.
96. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as provided in the Specific Plan and as
follows.
a. Sidewalks to be a minimum of five feet wide at all
points.
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
97. The applicant shall submit wall and landscaping plans and a
copy of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
98. Special intersection treatment designs involving variations in
paving material, where major pedestrian and vehicular
circulation elements intersect, shall be approved by the
Director of Public Works and Director of Community Develop-
ment. (SP -24 4. par. 3)
99. Lighting in areas adjacent to the natural open space portions
of the site shall be fully hooded and shielded to prevent
illumination of sensitive habitats. (EIR 2 -10, B5)
100. The subdivider shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
grading, street improvement, signalization, storm drain
improvements, sewer improvements, landscaping, parks, fencing,
bridges, etc.) or which require removal (i.e., model homes,
temporary debris basin, etc.) in a form acceptable to the
" l 7 City. te— subdivisien sufety agreement shall alse inelude
Al #Tentage —efTraet 4973— and ether effste � LeRts .gin
equ igatien as dese ; be herein.
101. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
102. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
UTILITIES
103. Utilities, facilities and services for the Carlsberg Specific
Plan Area will be extended and /or constructed in conjunction
with its phased development by the master developer as the
project proceeds.
58
a. Water & Sewer
The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with V.C.W.W. Dist. No. 1 to construct the improvements
and the system will be dedicated to fie= weeks
�z?:' No . 1 for maintenance. (SP-14)
Prior to recordation of a final map, the City, Calleguas
Municipal Water District and Water District No. 1 shall
approve final plans for water distribution. Either the
subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards. (SP -13)
C. Other Utilities:
Provisions for electrical, natural gas, telephone and
solid waste collection services and cable television to
the Carlsberg Specific Plan Project Area will be made
prior to development of the project area. All services
can be extended by each respective company to meet future
demands of the Carlsberg Specific Plan Project Area.
Natural gas service will be provided by Southern
California Gas. Electric service will be provided by
Southern California Edison. Telephone service will be
provided by Pacific Bell. Solid waste collection will be
provided by private companies as regulated by the City.
These services will be phased in conjunction with
development of the project area. (SP -14)
OTHER
104. 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 Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
]
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 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.
105. As an option in place of the Surety Performance Bond re-
quirements, the applicant or his successors will be allowed to
record the Final Map if the applicant or his successors agrees
to have a subordinate lien to the benefit of the City placed
on the subject property.
106. Subdivider shall pay all County fees related to Computer -aided
Mapping System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
107. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
108. The subdivider shall offer to dedicate access easements to the
City of Moorpark over all private streets to provide access
for all governmental agencies providing public safety,health
and welfare.
109. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
110. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Road and Science Drive except for approved ac-
cess locations.
111. That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
W
J;"
0
en the behalf emsel€ -and its - sueeessers, heirs,
Sufficient surety, as specified by
anteeing all public improvements
sureties shall remain in place for
tance of the public improvements by
the City Engineer,
shall be provided.
one year following
the City.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
guar -
The
accep-
114. Grading may occur during the rainy season from October 15 to
April 15 if approved by the City of Moorpark and subject to
installation of debris and erosion control facilities.
Erosion control measures shall be in place and functional
between October 15th and April 15th. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8,
HY3 & 4)
115. That prior to any work being conducted within the State,
County, or City right of way, the subdivider shall obtain all
necessary encroachment permits from the appropriate Agencies.
116. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and The City
Engineer.
117. All trucks importing or exporting fill to or from the Tract
shall use tarpaulins to cover the load and shall operate
between the hours of 9 a.m. to 5 p.m. on weekdays only. As an
option the haul material may be watered in lieu of covering.
(If approved by the City Engineer)
118. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
119. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
120. During clearing, grading, earth moving or excavation opera-
tions, dust emissions should be controlled by regular watering
(If feasible water from the Arroyo shall be used) , paving con-
struction roads and other dust prevention measures. The
applicant shall submit a dust control plan, acceptable to the
61
city, concurrently with submittal of the mass (as opposed to
the precise) grading plan. This plan shall include, but is
not be limited to the following measures: (EIR 2 -14, A -1)
a. Water all site access roads and material excavated or
graded on- or off -site to prevent excessive amounts of
dust. Watering shall occur at least two times daily,
preferably in the late morning and after the completion
of work for the day.
b. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (15 mph or
greater in one hour) . The contractor shall maintain
contact with the APCD meteorologist for current informa-
tion about average wind speeds.
C. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing,
grading, earth moving and excavation so as to prevent
excessive amounts of dust.
e. Keep all grading and construction equipment on or near
the site, until these activities are completed.
f. Wash off heavy -duty construction vehicles before they
leave the site.
g. When appropriate, seed exposed surfaces with a fast -
growing, soil- binding plant to reduce wind erosion and
its contribution to local particulate levels.
h. Observe a 15 mile per hour speed limit for the con-
struction area.
i. Periodically sweep public streets in the vicinity of the
site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities,
water runoff, etc.) which may have accumulated from
construction activities. (EIR 2 -14, Al)
121. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. (EIR 2 -15, A3)
122. Maintain equipment engines in good condition and in proper
tune as per manufacturers' specifications to prevent excessive
emissions. (EIR 2 -16, A4)
123. All diesel engines used in construction equipments should use
high pressure injectors. (EIR 2 -16, A5)
62
124. All diesel engines used in construction equipments should use
reformulated diesel fuel. (EIR 2 -16, A6)
125. During smog season (May- October) the city shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The city, at its discretion, may also limit construction
during Stage II alerts. (EIR 2 -16, A2)
126. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
127. Construction activities should be limited to weekdays and
Saturdays from 7:00 A.M. to 7:00 P.M. No construction
activities should occur on Sundays. (EIR 2 -19, N1)
128. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas.
The hauling plan must be identified on the grading plan and
approved by the City Engineer. (EIR 2 -19, N2)
129. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
Locate these areas to maximize the distance between activity
and residential areas. (EIR 2 -19, N3)
130. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
131. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Con-
struction Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these
agencies.
132. The subdivider shall utilize all prudent and reasonable
measures (including a 6 foot high chain link fence around the
construction sites of buildings and structures, or as
determined by the City Engineer) to prevent unauthorized per-
sons from entering the work site at any time and to protect
the public from accidents and injury or provide on -site
security personnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
63
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
133. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
134. 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.
135. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
136. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like
manner each year thereafter.
137. A drainage swale shall be constructed behind the existing
slough wall located on the south side of Peach Hill Road. The
swale shall empty into an drainage device as approved by The
City Engineer.
138. 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. required before a final inspeetien will be
.ti, ed i ,..,a
FIRE DEPARTMENT CONDITIONS
139. Prior to combustible construction, all weather access
road /driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
140. All driveways shall have a minimum vertical clearance of 13
64
feet 6 inches (1316 ").
141. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
142. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
143. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
144. The private road(s) shall be named if serving more than two
(2) parcels or is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District's Communications Center for review.
145. Street name signs shall be installed in conjunction with the
road improvements. The type of sign shall be in accordance
with Plate F -4 of the Ventura County Road Standards.
146. Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project.
147. Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
148.
5��,J2/
as
149. All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
151. A fuel modification zone shall be maintained 100 feet wide.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
65
152. The developer shall enter into an agreement for the
construction all water and sewer facilities, both on -site and
off -site, required for this development. The applicant shall
comply with the District's '"Rules and Regulations" and pay all
applicable fees.
53. The applicant shall reserve an area, within the open space,
for construction of water storage reservoirs. This area shall
be transferred to Ventura County Water Works District No. 1
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��� The action of the foregoing direction was approved by the
llowing roll vote:
AYES:
NOES:
PASSES, APPROVED, AND ADOPTED THIS 23RD DAY OF OCTOBER, 1995.
ATTEST:
Celia La Fleur
Secretary
John Torres
Planning Commission Chairman
�7
DATE: 11/29/95
TO: DISTRIBUTION
FROM: R.S. TANKERSLEY
SUBJECT: CITY CONDITIONS - TR4973 AND TR4974
I have prepared 10 redline copies of the above conditions to
reflect changes which the applicant requests. A disk is
enclosed which reflects the redline changes (B:TRACT.REV).
Explanations of my reasons have been added. I am prepared to
meet with staff prior to the hearing scheduled on December 6,
1995, however, I will be out of town from 11/30/95 through
12/4/95. I would suggest a meeting either 12/5 or 12/6
(afternoon of the hearing).
Distribution:
Steve Kueny
Planning Department - Jim Aguilera & Paul Porter
City Engineer - Dirk Lovett & Chris Oberender
Members of City Council