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HomeMy WebLinkAboutAGENDA REPORT 1993 0120 CC REG ITEM 08DMOORPAR ITEM- K 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 MEMORANDUM TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development Paul Porter, Senior Planner DATE: JANUARY 11, 1993 (CC meeting of January 20, 1993) SUBJECT: RESOLUTION OF THE CITY COUNCIL APPROVING VESTING TENTATIVE TRACT MAP NO. 4773 ON THE APPLICATION OF ABE GUNY Background On January 6, 1993, the City Council approved Vesting Tentative Tract Map No. 4773 with the attached modified Conditions of Approval with the direction to staff to prepare a Resolution. The attached Draft City Council Resolution contains the proposed Conditions of Approval and the Mitigation Monitoring Program with the City Council's directed changes. Recommendation: Approve the attached Resolution approving Vesting Tentative Tract Map No. 4773 Attachments: 1. Draft Resolution with Conditions of Approval and Mitigation Monitoring Program - )OPPARK, CALIFOPNI A cf Z U 993 AC N: d ./ PP01:11 :93111:27aaa:\cc2.j= PAUL. W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper SECTION 4. The City Council hereby conditionally approves Vesting Tentative Tract Map No. 4773 subject to compliance with all of the conditions attached hereto as Exhibit 1 and the Mitigated Negative Declaration in conjunction with the Mitigating Monitoring Program attached hereto as Exhibit 2. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JANUARY, 1993. Mayor ATTEST: Paul W. Lawrason, Jr. City of Moorpark Lillian E. Hare City Clerk Attachment: 1: Conditions of Approval 2: Mitigated Negative Declaration with Mitigation Monitoring Program PP01:11:93110:35amA :\CC.RES 2 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIV E TRACT MAP NO. 4773 ON THE APPLICATION OF ABE GUNY Whereas, at a duly noticed public hearing on January 6, 1993, the City Council considered the application filed by Abe Guny requesting approval of Vesting Tentative Tract Map No. 4773 to allow a four lot subdivision of a 20.68 -acre site located west of Walnut Canyon Road (State Highway 23) and north of Casey Road (Assessor Parcel No. 511- 0- 24 -18) and zoned Rural Exclusive - 5 acre minimum (RE -5 acre) into 4 single - family lots of 5.00, 5.00, 5.20 and 5.00 acres; and Whereas, the City Council after review and consideration of the information contained in the Planning Commission staff report dated November 16, 1992, the City Council staff report dated December 17, 1992, and the Mitigated Negative Declaration has found that the project will not have a significant effect on the environment; and Whereas, at its meeting of January 6, 1993, the City Council opened the public hearing and took testimony from all those wishing to testify, closed the public hearing and reached its decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California (beginning at Section 21000) the City Council of the City of Moorpark approves Vesting Tentative Tract Map No. 4773 with the Mitigated Negative Declaration and Mitigating Monitoring Program for said project. SECTION 2. The Council hereby adopts the findings contained in the Planning Commission staff report dated November 16, 1992, and said report is incorporated herein by reference as though fully set forth. SECTION 3. The City Council does hereby find that approval of the requested Vesting Tentative Tract Map is consistent with the City's General Plan. PP01 :11:93110:35amA :\CC.RFS 1 SECTION 4. The City Council hereby conditionally approves Vesting Tentative Tract Map No. 4773 subject to compliance with all of the conditions attached hereto as Exhibit 1 and the Mitigated Negative Declaration in conjunction with the Mitigating Monitoring Program attached hereto as Exhibit 2. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JANUARY, 1993. Mayor ATTEST: Paul W. Lawrason, Jr. City of Moorpark Lillian E. Hare City Clerk Attachment: 1: Conditions of Approval 2: Mitigated Negative Declaration with Mitigation Monitoring Program PP01:11:93 110 :35aM :\CC.RES 2 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REOUIREMENTS 4773 ABE GUNY NOVEMBER 16, 1992 1. The conditions of approval of this Vesting Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 3. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation of this map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map by the subdivider. 5. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. The development shall be subject to all applicable regulations of the zoning designations on this property. 8. The Tentative Tract Map shall expire three years from the date of its approval unless the subdivider is granted an extension by the City. The approving authority may, at it's discretion, grant up to two, one (1) year extensions of the Vesting Tentative Map if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards condition compliance during the initial three year period. PP01s11:93 11:00p": \CC.CIID 1 . r ATTACM�T 1 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 The request for a time extension of this Vesting Tentative Map shall be made in writing, at least 30 -days prior to the expiration date of the permit. Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Vesting Tentative Map shall terminate all proceedings, and any subdivision of the subject land shall require the filing and processing of a new Vesting Tentative Map. 9. 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. 10. As of the date of recordation of the Final Tract Map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property at the time the application is deemed approved by the City. 11. No asbestos pipe or construction materials shall be used within this subdivision without prior approval of the City Council. 12. 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. 13. Building standards for residential structures as provided under Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code or successor Chapter or Title of the California Administrative Code, shall be imposed on any future residential units constructed in this subdivision. FISH AND GAME REQUIREMENT 14. Within two days after the City Council adoption of a resolution conditionally approving the Vesting Tentative Map, the subdivider shall submit to the City of Moorpark a check for $1,250 plus a $25.00 filing fee, payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c) , the project is not operative, PPO1:11.93 /2 :00PM:\CC.- 2 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 vested or final until the filing fees are paid. GRADING 15. Prior to issuance of a grading permit, the subdivider shall submit to the City of Moorpark for review and approval .,pier- a Tree Report /Survey (unless otherwise waived by the Director of Community Development or his designee), prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of trees. 16. In order to reduce the visual impact of constructed slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Prior to recordation, the subdivider shall place a deed restriction on the property requiring a) that the location and elevations of the pads shall be built as shown on the elevations submitted with the Vesting Tentative Map; and b) no construction will be allowed on that portion of lot No. 4 located westerly of the existing access road. 17. A complete landscape plan (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by the Homeowners' Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. All plant species utilized shall be drought tolerant. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping shall be in place and receive final inspection prior to recordation of the map. The final landscape plans shall include landscaping specifications, planting details, and design specifications and subject to the following: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian PP01 :11:93 /1:00PM: \CC.Clm 3 VESTING TENTATIVE TRACT MAP NO. 4773 APPLICANT: ABE GUNY DATE: NOVEMBER 16, 1992 paths within the project limits are subject to approval of the Director of Community development. b. 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. C. 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. d. Any turf plantings associated with the project shall be drought tolerant, low water using variety. e. 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. f. 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. 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. g. The subdivider shall agree to provide the necessary maintenance easements to the City for those designated common landscape areas. 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. h. 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. i. 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. Exotic plants which are known to spread beyond their original plantings and PPOI:11 :9311Z0Q ": \CC.CJW 4 VESTING TENTATIVE TRACT MAP NO. 4773 APPLICANT: ABE GUNY DATE: NOVEMBER 16, 1992 invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. PRIOR TO APPROVAL OF GRADING AND CERTIFICATION OF BUILDING PADS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 18. All tree replacement, common area landscaping, and erosion control landscaping shall be installed and receive final inspection. 19. Temporary irrigation shall be provided for all landscaping (tree replacement, common area landscaping, and erosion control landscaping) . The subdivider shall be responsible for maintaining any irrigation system and all landscaping until such time as permanent irrigation and landscaping is installed. Prior to property owner's acceptance of responsibility for the permanent 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. PRIOR TO FINAL MAP APPROVAL 20. No Zone Clearance shall be issued for construction until the final map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development and a Building Permit shall be obtained from the Department of Building and Safety after the granting of a Zoning Clearance. Approval and recordation of this map does not supersede the requirement to obtain an approved discretionary permit or Development Allotment under the provisions of Measure F as amended prior to the issuance of a Zoning Clearance or a Building Permit for the property, if applicable. 21. Prior to approval of a Final Map, the developer 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. Subdivider shall be required to comply with Ventura County Waterworks District No. 1 Rules and Regulations, including payment of all applicable fees. 22. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in PP01:11 :93 11:00j=A:\CC.C= 5 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 23a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for 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 service. 23. Prior to recordation, all proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed undergrounded to the nearest off -site utility pole. The Community Development Director may approve the use of a financial mechanism such as a bond in lieu of the actual work. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site along the Walnut Canyon Road right -of -way. The subdivider shall propose in writing how this condition will be satisfied and approved by the Community Development Department. 24. Prior to approval of a Final Map, or issuance of a grading permit, grading plans shall be submitted to the Director of Community Development and the City Engineer for review to insure that such plans meet with the intent expressed in the Subdivider's conceptual grading plans and/or the Tentative Parcel Map, and to ensure compliance with any approved Mitigation Monitoring Program. A Grading Permit may not be issued prior to recordation of a Final Map. 25. Prior to approval of the Final Map, the subdivider shall pay fees consistent with Moorpark Municipal Code Section 8279 -4 et. seq. in lieu of parkland dedication. 26. Prior to Map approval, the subdivider shall submit a deposit for condition compliance review. 27. Prior to Map approval or Recordation, the subdivider shall pay all outstanding costs due to the City including, but not limited to case processing, environmental documentation costs, and all City legal service fees. PP01t11:9311t00PM \CC.CITD 6 VESTING TENTATIVE TRACT MAP NO. 4773 APPLICANT: ABE GUNY DATE: NOVEMBER 16, 1992 ACCESS 28. Prior to recordation, the access easement(s) shown on the tentative map shall be recorded as a nonexclusive easement(s) insuring for all property owners the right of ingress and egress at all times. 29. 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. SEPTIC SYSTEM OR SEWER SYSTEM AVAILABILITY 30. Prior to Final Map approval, the subdivider shall either provide a sewer will serve letter from Waterworks District No. 1, or written verification from the Ventura County Division of Environmental Health that each proposed parcel is capable of supporting a private septic system. CITY ENGINEER DEPARTMENT CONDITIONS POLLUTION CONTROL 31. During the smog season (May - October) the subdivider shall order that construction cease during Stage III alerts to: minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. 32. The subdivider shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 33. Temporary irrigation, hydroseeding and/or erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season, whichever comes first. 34. Dust generation produced during grading shall be suppressed by the following activities: PP01:1Ir9311s001mAz \CC.CAD 7 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. b. All material excavation or grading shall be sufficiently watered to prevent excessive amounts of dust. C. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. Streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GRADING 35. The subdivider shall submit to the City of Moorpark for review and approval, a grading plan consistent with the tentative map, prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal /vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. a. An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures shall be in place and functional between October 15th & April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be PP01:11: 93/1: 00P3: \CC.GQ1 8 VESTING TENTATIVE TRACT MAP NO. 4773 APPLICANT: ABE GUNY DATE: NOVEMBER 16, 1992 required within 60 days of completion of grading (see Condition No. 33). b. All off -site haul routes shall be approved by the City engineer. On -site haul routes shall be limited to graded areas only. C. All borrow /fill sites outside of the subdivision's boundaries shall be identified on the approved Grading Plan. The City shall be notified two days prior to any import /export operation and the route to be used shall be approved by the City Engineer. Borrow /fill sites located within different phased grading areas must be approved by the City Council. 36. At the subdivider's written request, a staged Grading Plan may be submitted for approval by the City Council. Such staged Grading Plan must be reviewed by the City Engineer prior to being submitted to the City Council. 37. 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. 38. All construction activities of any kind shall be limited between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 A.M. to 5:00 P.M. Saturday. No work is to be accomplished on Sunday, pursuant to Ord. #149. Truck noise from hauling operations shall be minimized by using the City Engineer approved hauling routes for grading and /or construction activities.) GEOLOGIC AND GEOTECHNICAL ENGINEERING 39. The subdivider shall submit to the City Engineer for review and approval, detailed Geology and Geotechnical Engineering Reports. Each report shall be prepared by a Registered Professional Geology or Geotechnical Engineer certified in the State of California. The geotechnical report shall include a investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved Soils and Geology Reports. Review of the reports by the City's consultant will be required. In addition to standard grading plan check fees, the applicant shall reimburse the City for all costs related PP01:11.93/1.00la .WC.Cm 9 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 to the consultant reviews, including the City's overhead and administrative costs. STREET IMPROVEMENTS 40. The common driveway shall be indicated as a "Private Drive" on the Final Map. An agreement shall be prepared stating that the private drive shall not be conveyed to the City as a public street or road unless it is improved to meet City standards. Said document shall be referenced on the map and recorded in conjunction with said map. Any improvements to the driveway shall be for driveway aprons and drainage improvements for the 4 lot subdivision in addition to any drainage improvements in Walnut Canyon which are necessary to mitigate the additional flows resulting from this subdivision. The drainage improvements shall be installed so as to also protect the existing PCC driveway and Walnut Canyon Rd. STORM RUN -OFF 41. The subdivider shall provide for each building pad to the satisfaction of the City Engineer as follows: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm. Hydrology calculations shall be per current Ventura County Standards. 42. The subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations 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 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 and drainage courses. Hydrology shall be per the current applicable Ventura County Standards except as follows: b. All catch basins in sump locations shall carry a 50 -year frequency storm; PPOI :11 :93 {1 :OOInl: \CC.C3W 10 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 C. All catch basins on continuous grade shall carry a 50- year storm; 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, the common driveway shall be provided with a minimum of one 10 foot travel lane. 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. If the land is to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers of this hazard condition. j. All flows from brow ditches shall be deposited into the storm drain system or other approved drainage device prior to entering the driveway. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between lots, both storm drain and any required easements outside right -of -way shall be maintained by the Homeowners'/Property owners' Association or as required by the City Engineer. k. All bench drains shall be constructed of tan colored concrete as approved by the Director of Community Development. 1. Drainage 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. 43. The subdivider 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 PPO1r11:93 11:00rad: \CC.CW 11 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 approved by the City, shall be as delineated on the tentative map or as shown on the final 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 as required if determined necessary by the City Engineer. 44. The subdivider shall demonstrate legal access for each parcel to the satisfaction of the City of Engineer. The subdivider shall also prepare at the applicant's expense for the City's costs, a quitclaim easement for review and approval by the City. Said document shall quitclaim access rights to the subdivider at the proposed driveway connection to Walnut Canyon Road. AREA OF CONTRIBUTION DEPOSITS 45. The applicant 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, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. The covenant is to be approved by the Director of Community Development prior to recordation. 46. Prior to recordation, the applicant shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate applicable at the time of payment. If previous payment of this contribution can be demonstrated as previously paid to the City's satisfaction, upon concurrence of the City Manager, the applicant will not have to pay the Area of Contribution fee. OTHER 47. The subdivider shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. 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 any applicable Division of Oil and Gas requirements. PP02:22- 9312.00_ma : \ CC. CM 12 VESTING TENTATIVE TRACT MAP NO. 4773 APPLICANT: ABE GUNY DATE: NOVEMBER 16, 1992 48. 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. 49. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. 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. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 50. For any Final Map, or a Parcel Map (containing five or more parcels), or any Parcel Map whereupon dedications are required to be offered, the subdivider shall transmit by certified mail a copy of the conditionally approved Vesting 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. PP01:11:9311:001MAACC.Cm 13 VESTING TENTATIVE TRACT MAP NO. 4773 APPLICANT: ABE GUNY DATE: NOVEMBER 16, 1992 51. The subdivider shall submit to the City of Moorpark for review and approval, evidence that the CC &R's will include provisions for maintenance of the "Private Drive" and any Storm Drain facilities required in conjunction with development of the site. Said CC and R's must be reviewed and approved by the City at the applicant's expense. 52. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City or which require removal (ie., model homes, temporary debris basins, etc.). IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING_ CONDITIONS SHALL BE SATISFIED• 54. 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. 55. For subdivisions with private roads. The subdivider shall make an irrevocable dedication on the Final or Parcel Map of easements to the City of Moorpark over all private streets shown on the Vesting Tentative Map (or Parcel Map) for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare purposes or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. The irrevocable offer of dedication shall include a subordination clause regarding all interested parties, in favor of the City. The subordination agreement shall also encumber all future successors in interest, assigns, heirs, and the like. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 56. That prior to any work being conducted within the State, County or City right of way, the subdivider shall obtain an Encroachment Permit from the appropriate Agency. 57. That the subdivider shall construct any necessary drainage facility, including brow ditch and slope bench drainage PP01 :11:93 11 :0013d : \CC.CND 14 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 channels, with a permanent earth tone color(s) so as to minimize visual impacts. Said color(s) shall be submitted to and approved by the Director of Community Development as part of the grading plans. 58. 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 Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 59. Original "as- built" plans will be certified by the subdivider's Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as- builts" in a series of mylars (made with proper overlaps) with a title block on each sheet. Submission of "as- built" plans is required before a final inspection will be scheduled. 60. During the grading operation all asphalt or other roadway spoils shall be removed from the site and shall be disposed of according to the applicable City, County or State regulations. PRIOR TO THE ISSUANCE OF BUILDING PERMIT: 61. Prior to the issuance of building permits for construction of any structures containing domestic plumbing fixtures, the builder shall obtain a permit from the Ventura County Environmental Health Department for the design and installation of an on -site sewage disposal system. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 62. That prior to combustible construction, all weather access road /driveway, suitable for use by a 20 ton Fire District vehicle, shall be installed. This improvement, or provisions to guarantee its installation, shall be completed prior to recordation. PP01 :11:93 /2:OOp"Acc.00 15 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 63. That all private or public driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6 "). 64. That the access roads) / driveway(s) shall be in accordance with Fire District Private Road Guidelines. This improvement shall be made off -site from Walnut Canyon Road to Lot 3 and on site from Walnut Canyon Road to Lot 3. 65. That the access road(s) /driveway(s) shall be certified by a registered Civil Engineer as having an all weather surface in conformation with Public Works Standards. This certification shall be submitted to the Fire District prior to occupancy. 66. That the access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 67. That the private road(s) shall be named if serving more than two (2) parcels or is longer than 299 feet. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review and for approval by the City Council. 68. That 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. 69. That if the water purveyor certifies that the system cannot provide the required fire flow, or there is no water purveyor, automatic fire sprinklers shall be installed in all building hereafter constructed and adequate water storage for fire protection shall be provided prior to construction (for parcel maps with four or less parcels, each 20 acres or more in size). 70. That prior to combustible construction on any parcel, the water mains shall be extended to within 250 feet of the building site. A fire hydrant shall be installed at this location on the access road to the site, and it shall be capable of providing the required fire flow. The owner of the combustible construction is responsible for the cost of this protection installation. 71. That if the subject parcel is not within or not annexing to a water purveyor district, an acceptable private water system for fire protection shall be provided prior to combustible construction. PP01:11.9311:00,MA:\CC.CBD 16 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 72. That if the subject parcel is within a water purveyor district, water mains capable of providing a fire flow of 1,000 gallons per minute at 20 psi shall be installed from the public right -of -way, or from the purveyor point of connection to the south side property line of Parcel No. 4 driveway. The cost of engineering, installation and maintenance of these mains shall be that of the applicant of this parcel map division. This improvement, or provisions to guarantee its installation, shall be completed prior to recordation. 73. That when the water purveyor certifies the system cannot provide the full fire flow, but can provide a minimum flow of 500 gallons per minute at 20 psi, an automatic fire sprinkler system shall be provided in each structure built on the parcels (for parcel map with 4 or less parcels). 74. That prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 75. Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. CITY COUNCIL CHANGES TO CONDITIONS OF APPROVAL - HEARING OF JANUARY 6, 1993: 8. The Tentative Tract Map shall expire three years from the date of its approval unless the subdivider is granted an extension by the City. , areas and it appileant ean deeumeftt that he has d1ligent-1y werked-tewards eesditien eemg4 anee- durlftg - the -- initial three year perled. The for time request a extenslen ef this shall be- --in 30 vesting Tefttative Map days made writing, at—least expiratleft date the Failure - -prier to t-h� ef permit. with the Ventura Geuftty Reeerder te reeerd a Final Map prier Vesting Tentative Map terminate to expiratleft ef the shall all subdivislen ef the land preeeedings, and any filing subjeet shall require preeessing ef a new Vesting Tentative Map-.- the and- PP01 :21:93 11 :00pn1 :\CC.CMD 17 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 16. In order to reduce the visual impact of constructed slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Prior to recordation, the subdivider shall place a deed restriction on the property requiring a) that the location and elevations of the pads shall be built as shown on the elevations submitted with the Vesting Tentative Map; and b) no construction will be allowed on that portion of lot No. 4 located westerly of the existing access road 23. Prior to reeerdatlen 34. all shall be placed underground ed te the nearest eff site utility fie. The Community Development Director may approve the use of a financial mechanism such as a bond in lieu of the actual work. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site along the Walnut Canyon Road right -of -way. The subdivider shall p - . Ft Dust generation produced during grading shall be suppressed by the following activities: a. All active portions of construction site shall be watered .:.:::...::::. sufficiently - . 11 "'A uompleze coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. 35. The subdivider shall submit to the City of Moorpark for review and approval, a grading plan consistent with the tentative map, prepared by a Registered Civil Engineer; shall- obtain a PP01:11.9311$001": \CC.Cim 18 VESTING TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4773 ABE GUNY NOVEMBER 16, 1992 Permit; Grading and shall post sufficient surety guaranteeing completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal /vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. a. An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures shall be in place and functional between October 15th & April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading (see Condition No. 33). b. All off -site haul routes shall be approved by the City engineer. On -site haul routes shall be limited to graded areas only. C. All borrow /fill sites outside of the subdivision's boundaries shall be identified on the approved Grading Plan. The City shall be notified two days prior to any import /export operation and the route to be used shall be approved by the City Engineer. Borrow /fill sites located within different phased grading areas must be approved by the City Council. 44. The subdivider shall demonstrate legal access for each parcel to the satisfaction of the City of Engineer. The subdivider shall also prepare at the applicant's expense for the City's era#, a quitclaim easement for review and approval by the City. Said document shall quitclaim access rights to the subdivider at the proposed driveway connection to Walnut Canyon Road. 72. That if the subject parcel is within a water purveyor district, water mains capable of providing a fire flow of 11000 gallons per minute at 20 psi shall be installed from the public right -of -way, or from the purveyor point of connection ...............i .. to the south side property line of Parcel No. 4. �I ::::: > x; :.e:: <L > . :::: •rne cost or engineering, installation and'ma ntenance of these mains shall be that of the applicant of this pareel map divi ax This improvement, or provisions to guarantee its installation, shall be completed prior to reeerdat biding PP01 :11:93 /1 :00PMAACC.C3m 19 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIV E TRACT MAP NO. 4773 ON THE APPLICATION OF ABE GUNY Whereas, at a duly noticed public hearing on January 6, 1993, the City Council considered the application filed by Abe Guny requesting approval of Vesting Tentative Tract Map No. 4773 to allow a four lot subdivision of a 20.68 -acre site located west of Walnut Canyon Road (State Highway 23) and north of Casey Road (Assessor Parcel No. 511- 0- 24 -18) and zoned Rural Exclusive - 5 acre minimum (RE -5 acre) into 4 single - family lots of 5.00, 5.00, 5.20 and 5.00 acres; and Whereas, the City Council after review and consideration of the information contained in the Planning Commission staff report dated November 16, 1992, the City Council staff report dated December 17, 1992, and the Mitigated Negative Declaration has found that the project will not have a significant effect on the environment; and Whereas, at its meeting of January 6, 1993, the City Council opened the public hearing and took testimony from all those wishing to testify, closed the public hearing and reached its decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California (beginning at Section 21000) the City Council of the City of Moorpark approves Vesting Tentative Tract Map No. 4773 with the Mitigated Negative Declaration and Mitigating Monitoring Program for said project. SECTION 2. The Council hereby adopts the findings contained in the Planning Commission staff report dated November 16, 1992, and said report is incorporated herein by reference as though fully set forth. SECTION 3. The City Council does hereby find that approval of the requested Vesting Tentative Tract Map is consistent with the City's General Plan. PP01:11:93110:35aaA : \M RSS 1 MITIGATION /MONITORING PROGRAM FOR VTP 4773 Geotechnical /Grading Mitigation: * The subdivider shall submit to the City of Moorpark for review and approval, a grading plan consistent with the tentative map, prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal /vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. a. An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures shall be in place and functional between October 15th & April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. b. All haul routes shall be approved by the City engineer. On -site haul routes shall be limited to graded areas only. C. All borrow /fill sites outside of the subdivision's boundaries shall be identified on the approved Grading Plan. The City shall be notified two days prior to any import /export operation and the route to be used shall be approved by the City Engineer. Borrow /fill sites located within different phased grading areas must be approved by the City Council. * The subdivider shall submit to the City Engineer for review and approval, detailed Geology and Geotechnical Engineering Reports. Each report shall be prepared by a Registered Professional Geology or Geotechnical Engineer certified in the State of California. The geotechnical report shall include a investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved Soils and Geology Reports. Review of the reports by the City's consultant will be required. In addition to standard grading plan check fees, the applicant shall reimburse the City for all costs related to the consultant reviews, including the City's overhead and administrative costs. Monitoring: Prior to final map approval, the Community Development Department and the City Engineer's Office will review the submitted grading PP11 :19 :92111:97amA:\XITNON.PGM 1 ATTACHNEW 2 plan, soils and geotechnical report, and the comments from the City's geotechnical consultant and shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of Moorpark Grading Ordinance and in accordance with Building Code requirements. Erosion Control Mitigation: * An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures shall be in place and functional between October 15th & April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. Monitoring: Prior to approval of the grading permit, the City Engineer will make a determination as to whether this condition shall be imposed. Air Quality Mitigation: * During the smog season (May - October) the subdivider shall order that construction cease during Stage III alerts to: minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. * The subdivider shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. * Temporary irrigation, hydroseeding and /or erosion control measures, if required by the City Engineer, shall be implemented on all temporary grading. Temporary grading is defined in this section to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season, whichever comes first. * Dust generation produced during grading shall be suppressed by the following activities: a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. No PP11:19 :92111z47amA:\K17M0N.PGN 2 ►a` Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. b. All material excavation or grading shall be sufficiently watered to prevent excessive amounts of dust. C. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. Streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. Monitoring: Dust control mitigation measures are enforced by the Air Pollution Control District and by the City Engineer's Office during the grading and infrastructure construction period. Drainaae Mitigation * The subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations 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 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 and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All catch basins in sump locations shall carry a 50 -year frequency storm; PP11:19:92111:47a=A :\XITNON.PGN 3 C. All catch basins on continuous grade shall carry a 50- year storm; 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, the common driveway shall be provided with a minimum of one 10 foot travel lane. 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. If the land is to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers of this hazard condition. j. All flows from brow ditches shall be deposited into the storm drain system or other approved drainage device prior to entering the driveway. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between lots, both storm drain and any required easements outside right -of -way shall be maintained by the Homeowners' /Property owners' Association or as required by the City Engineer. k. All bench drains shall be constructed of tan colored concrete as approved by the Director of Community Development. 1. Drainage 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. * The subdivider shall off -site storm drain accommodate upstream approved by the City, map or as shown on the basins or storm water provide for all necessary on -site and facilities required by the City to and on -site flows. Facilities, as shall be as delineated on the tentative final plans. Either on -site retention acceptance deeds from off -site property PP11t19 :92111:47amA:\14I7MON.PGM 4 * owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency as required. Monitoring: Prior to final map approval, the City Engineer will ensure that drainage plans are adequate, that required contributions have been received, and that the CC &R's include provisions for adequate maintenance of on -site drainage facilities. Storm Water Mitigation: The subdivider shall demonstrate for each building pad to the satisfaction of the City Engineer as follows: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm. Hydrology calculations shall be per current Ventura County Standards. Monitoring: Prior to Final Map approval, the subdivider shall demonstrate to the City Engineer that each building pad meets the above stated requirements. Transportation /Circulation Mitigation: * Prior to final map approval, the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. Monitoring: Required contributions for funding circulation improvements will be collected by the City Engineer's Office prior to final map approval. Aesthetic Mitigation: * In order to reduce the visual impact of constructed slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural PP11 :19:92 /11 :47aM:\XITMON.PGM 5 slope of the site. * A complete landscape plan (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to grading permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by the property owner. 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. All plant species utilized shall be drought tolerant. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping shall be in place and receive final inspection prior to recordation of the map. The final landscape plans shall include landscaping specifications, planting details, and design specifications and subject to the following: a. 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. b. 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. C. 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. d. Any turf plantings associated with the project shall be drought tolerant, low water using variety. e. 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. f. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the PP11 :19:92 111:47aM:\MI7MOH.PGM 6 irrigation system and all 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. g. The subdivider shall agree to provide the necessary maintenance easements to the City for those designated common landscape areas. 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. h. 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. i. 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. 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. Monitoring: Prior to grading permit approval, the Community Development Department will ensure that the landscape plan has been reviewed and approved. PP11 :19:91 111 :47amA: \MITNOH.PGN 7