HomeMy WebLinkAboutAGENDA REPORT 1995 1220 CC REG ITEM 08Arfu,mlr, A
MEMORANDUM
TO: The Honorable City Council
FROM: Jaime Aguilera, Direct nity Development
Paul Porter, Senior P1 or u
DATE: December 7, 1995 (CC meeting on December 20, 1995)
SUBJECT: CONSIDER APPROVAL OF VESTING TENTATIVE TRACT MAP NOS.
4973 AND 4974
Background
On December 6, 1995, the City Council held a public hearing on the
above captioned project and continued the public hearing to
December 20, 1990 to allow the applicant and staff to resolve minor
verbiage changes to the conditions of approval. Staff has made the
proposed changes to the conditions and have incorporated them into
the attached resolution.
Recommendations:
1. 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 in the attached Resolution for
each of the entitlements requested by the applicant.
4. Adopt the attached resolution conditionally approving Vesting
Tentative Tract Map Nos. 4973 and 4974.
Attachment: Resolution
PP12:07:9516:11pwA:\20Dsc95.cc
OMOS5
RESOLUTION NO.
A RESOLUTION OF THE PLANNING CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, RECOMMEND APPROVING 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 held a public hearing, considered the
application filed by C.T. Financial for Vesting Tentative Tract Map
Nos. 4973 and 4974 and recommended to the City Council approval of
the project; and
Whereas, at a duly noticed public hearing on December 6, 1995,
the City Council opened the public hearing, took testimony from all
those wishing to testify and considered the application filed by
C.T. Financial requesting approval of Vesting Tentative Tract Map
No. 4973 and Vesting Tentative Tract Map No. 4974
Whereas, Vesting Tentative Tract Map No. 4973 consists of the
northern portion of the Specific Plan, containing 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
4.0
Natural Park
9.0
Lot
OS -2
7.4
Area
Vesting Tentative Tract Map No. 4974, 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 (includes 6.5 acre park)
Lot
2
57.4
Area
D
Lot
3
3.0
Area
I
Lot
4
4.0
Area
I
Lot
5
110.3
Area
A
PP12:07:95 14:16pmA: \CC.RES
1
00()08E
Whereas, the public hearing was continued to December 20, 1995
at which time the City Council closed the public hearing; and
Whereas,the City Council has reviewed and considered the
information contained in the staff reports dated November 1, 1995,
December 6, 1995 and December 7, 1995, the Final EIR prepared for
the Carlsberg Specific Plan, the Mitigating Reporting and
Monitoring Program and testimony, and has found that the
environmental effects discussed in the 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, the City Council and the applicant entered into a
Settlement Agreement dated September 7, 1994; and
Whereas, said Settlement Agreement shall take precedence over
any condition of this approval when a conflict exists between the
two.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council 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 May 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.
PP12:07:9514:16pmA:\CC.RES 2
00005
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 sect.
SECTION 2. The City Council does hereby find that the
aforementioned projects are consistent with the City's General Plan
and the Carlsberg Specific Plan.
SECTION 3. That the City Council hereby conditionally
approves 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 (SETTLEMENT AGREEMENT), SP(SPECIFIC PLAN),
SEIR(SUBSEQUENT ENVIRONMENTAL IMPACT REPORT), OTHER
REFERENCES ARE FROM THE MITIGATION MONITORING PROGRAM FOR
THE AMENDED SPECIFIC PLAN. >s ?PYf lly
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.
PP12:07:95 14:16pmA:\CC.RES 3
00008
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 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
PP12:07:95 14:16pmA:\CC.RSS
0
WOO
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
Settlement Agreement became effective, the amount of the
PP12:07:95 14:16pmA: \CC.RSS 5
000080
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.
'v €3 .. 4785 or a subdivision Ma that is recorded in
ieu of the Tentative Tract Map ?;??;;:<;;a':: €; 4785:::.:;
:.
(collectively the Initial Map) or the `date upon whic.::h 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
47 85x:; "Subsequent Map Initial MaP �'7 . ( t h e
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
PP11:07:9514:16pmA:\CC.RES 6
000W AL L
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 aradina 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.
Landscapin
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
PP12:07:9514:16pmA :\CC.RSS 7
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 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
PP12:07:95 14:16pmA:\CC.RES 8
UiJ AK)a
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 sub er shall agr to vide the ecessary
mai -enance sements t the City for those designated
c on landsca are
1. The subdivider shall maintain the right to protest the
amount an sprea of any prop d assessment in relation
to the ormation o a lan cape aintenance essment
distr' t, if and w created 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.
RP
E2
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.
PP12:07:95 14:16pmA :\CC.RES
Q,
!1
q. 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.
r. 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
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.
PP12:07:95 14:16pmA: \CC.RBS 10
0'000,,15
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 t
for the guzzler shall be reviewed
prove e
....: � ::..: .:::::......................... d and
PP y the Tiretzr of Cun ty...De�xel►pm�nt City prior
to issuance of 4 a 'ding permits
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, P a' n ' Af.. '`: 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
PP12 :07:9514:16pmA:\CC.REs 11
00009(i
$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)
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, "'a' -}'ff ] v a`' shall be responsible for
res
all costs for traffic mitigation mea; P
sures 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, ^' - = -t ff v" shall make a written request of
...
Defen ..n- ay that- "they - -- decide whether or not to make the
election, an ------
dants d Y shall notify n' nt = Ff
T3a► of their decision within thirty (30) days after
receipt of the request. (SA -8)
The Mitigation Fee, if collected, may be expended by
Defend an in their sole and unfettered discretion;
provided, however, payment of the Mitigation Fee represents
PP12:07:95 14:16pM :\CC.RES 12
000097
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
are re
which "' n required to pay "fair share"
q
amounts to City. Tlie "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)
37. All areas to be common
y maintained -
....:;:.:: .
:.. e ..........:. :..1.. : : :;::..;::►:.; rmined by the City, shall be des-
. :,.:.:.:..:...:....;<...:, . :.
ignated as separate lettered lots (Lot A, Lot B, etc.) on
final subdivision maps.
PPI2:07:95 14:16pmA :\CC.RES
13
000099,
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 "A"
at StreetP B" Street only) shall be installed by
at their sole cost and expense, without
off -set again 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 ").
?$?shall have no financial obligation with
respect to the Wderiiiig Project except
X
as
:. p provided in t-�s
.r11f'`'; Agreement • provided, however,
::.::::.........:.:...:..... :.......p....::::....�. �
shall complete frontage
improvements on the north`sde 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, P g'
cocccupancy
signage, no later than the issuance of the first
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 APPROVALF THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
GENERAL
37. All areas to be common
y maintained -
....:;:.:: .
:.. e ..........:. :..1.. : : :;::..;::►:.; rmined by the City, shall be des-
. :,.:.:.:..:...:....;<...:, . :.
ignated as separate lettered lots (Lot A, Lot B, etc.) on
final subdivision maps.
PPI2:07:95 14:16pmA :\CC.RES
13
000099,
38. Recorded phased final maps of each Q: t 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)
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.
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.
PP12:07:95 14:16pM:\CC.RES 14
0000 39
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.
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.)
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.
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-11.b.)
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
PP12:07:95 14:16pmA:\CC.RES 15
(AAAW,
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.
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
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 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)
56. 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 eE ewer signifleant
tEees- aftd/er plants shall be considered.
PP12:07:95 14:16pt+A:\CC.RRS 16
00(AL01.
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
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.
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
PP12:07:95 14:16pmA:\cc.RRS 17
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.
57. 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.
58. 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
59. The storm drain system will be designed to accommodate 100=
year storm flows. (SP -13)
PP12:07:95 14:16pmA: \CC.RBS 18
OWA t Z!
60. 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
19
0410, ` .
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.
61. 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.
62. 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.
20
flo'010 57
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.
63. 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)
64. 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)
65. 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
66. 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
fellews —and- have been modified to conform to the cross
21
u0010(i
sections shown on Exhibit 9 of the Earisbei-g sd Specific
Plan dated 9 -7 -94 or as otherwise provided in ""Settlement
Agreement of the same date. (' on acts,
Settlement me I precedence-ovex-the-design-a-Ad
ti for construct nts
�.�.�►eM�nts . 1
New Los Angeles Avenue
67. 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.
::x;:; >.:»:» :<: >;.: ><.: >;:::: >:: >:::: >::> ::<::: >:::.::: :: for occu anc of
68. Prior to ;::at'i:::<::<::::::rcr? P Y
: ....::..... ... ::.:..
7 0
r an
t 4 3
Tract 9
the firs t:.:.::... 44 0
a..: :::.�:.�:.� Y
.::::..:.:
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
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
69. 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).
70. Prior to the issuance of the first zone clearance for
22
0001.07
:.:...:....:.: >..:.......e......>.............. ....u..... .. .. .:.:..:.:..:....:....:....:.. ..:.:.:.:... .:.d..:.....:.< ..:.:....:....:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .
# er either the
SR /C /BP Area or Planning Ar'e, a 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
71. 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.
72. 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 -111,
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
23
00011 S
Science Drive /"B" Street intersection at this time. (SA-
S par 2, TC15, SP -16 par. 1, EIR 2 -13 TC15).
73. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific Plan. No
other median breaks are allowed. ""
74. Prior to the issuance of the first zone clearance for
...... 'J'.iiiiiiiii.. i::•iii :•:'•i:: L: :'.i }i' '... ?...: }:..:: :..
:• :v, ......: F:.. ..; a ................:.. k: ...... i :..... :. w::. :.
ocC
uoariC V D:' ;:<::: »:Y: «:"£�: :«• >;3. t..: E`, f f:(3:s >:: >TSr:::#': i::R::sr:::<::::: ! 7 lr+..:::::: LE:', ?` rsr'i;ii:�.�'F lei
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)
75. Prior to the issuance of the first zone clearance for
ii:.; :...:::::.i:.;:.i' .i•.i'::::.. :i':.i:.i:.:....: x ::..::....:. ..:...:.... ::... :...:..:..::... ;. :;.:.:..:.:....i'•:.i'::.;:.i:. :::.:.:;'.:.:;.ii:' ': '.
occupancy ±:::::;h:::: >:: :ors:t::: >:: Hsu: �: lc��: r�ex::;::> l: c��: a:
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)
24
000109
IMMI ._
ON
73. Left turn storage lanes are required at all intersections
along Science Drive as shown on the specific Plan. No
other median breaks are allowed. ""
74. Prior to the issuance of the first zone clearance for
...... 'J'.iiiiiiiii.. i::•iii :•:'•i:: L: :'.i }i' '... ?...: }:..:: :..
:• :v, ......: F:.. ..; a ................:.. k: ...... i :..... :. w::. :.
ocC
uoariC V D:' ;:<::: »:Y: «:"£�: :«• >;3. t..: E`, f f:(3:s >:: >TSr:::#': i::R::sr:::<::::: ! 7 lr+..:::::: LE:', ?` rsr'i;ii:�.�'F lei
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)
75. Prior to the issuance of the first zone clearance for
ii:.; :...:::::.i:.;:.i' .i•.i'::::.. :i':.i:.i:.:....: x ::..::....:. ..:...:.... ::... :...:..:..::... ;. :;.:.:..:.:....i'•:.i'::.;:.i:. :::.:.:;'.:.:;.ii:' ': '.
occupancy ±:::::;h:::: >:: :ors:t::: >:: Hsu: �: lc��: r�ex::;::> l: c��: a:
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)
24
000109
Other:
76. 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 ftffif. . reute and facilities
shall be approved by the Director of Community Development.
77. 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.
78. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
79. 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
feet.
8 he final map shall indicate the location of all trail
asements. The minimum widths of said easements shall be 12
eet. The trail easements shall be offered for dedication to
\� he City of Moorpark. Prior to recordation, the subdivider
shall bond for construction of the proposed trails at 150% of
V�
the estimat cost of the improvements. Once the trails have
been built- t. he owners' association, maintenance district, or
simil entity shall be responsible for maintaining the
�! v� tr ' s Trails shall be approved by the City Council and
' own the final map prior to recordation. The developer
V shall e ter into an agreement with the City to assure the
maintena ce responsibilities are conferred to t?`><i`'the
entities described within this condition.
81�for he develo er shall submit a conceptual trails plan concurrent
with the g ding plan for Tract 4973. The plan shall provide
all tra' ls, within ' € the Amended Spee=f-le �
Area, to be operational upon completion of the Neighborhood;
Park area.
82. The developer shall provide tha t'site/grading and
C
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)
83. Moorpark Ave. /Los Anqeles Avenue Intersection Improvements:
:: >> ::. enti:: ><:-:e a 1i.cant snarl Ce
pay a fair share of the .cos s.. to convert. the shared southbound
left -turn lane /southbound through lane /southbound right -turn
lane to a second southbound left -turn lane and convert south-
bound right -turn lane to shared southbound through
lane /southbound right -turn lane (project share 34 percent).
(EIR 2 -12, TC10, SP -17, SA -8)
84. Spring Road /Los Anqeles Avenue:
.: @ s a:: . applicant �n �`� �e pay ra.ir snare or the
intersection modification 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 #a?:�w'
>:szo:o project share 50 percent EIR 2-
1 , TCil, SP -17, SA- $..)' ..........
As-- part - e the - addendedrraffle
study , the
tee -leper
sue_
Avenue/13es Angeles Amenue.
This
be
estimate
shall
used
traffle study, te determine
the
"fair
eentElbureft te- hesti
applieant's
share"
-- nterscetiens.
eeunt data
The
be
- estrmate,
-tr-af
and addended r-epert
by the Gibs gineer
shall reviewed
and
appreved
that es the- impaet that pass by t ffle will ave en
preset-- prepesed street - imprevements. — oheuld a ehenge -I_
the -T=ev el Gf- Ser6 Geier any of tire- Prepesed i eve tents
=esarm -frem pass by ti- affie -being attraeted te4ic- future
eemmere • l areas, then the develeper shall l rcrgate the
impaets by ngimpreve -t s t e —eerviee --the
antiei-ted pass by traffle velthmes.
26
000111
8* Tppileant to pay fair share ef the -- eels -€er the signal reeen
struetlens at Spring Read/Les Angeles Avenue (Payment ef the
AGG fee shall represent payment "in of the -r p - = - n
L share
-
87. 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 pi-eyleus payment of this ee butleir -ean be defaenstzatre�,
one --G ity's —sa s f aetieft --upen eeneurrene e e f tie --G47ty
Gentr- iburen fee
88. 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.
a. Sidewalks to be a minimum of five feet wide at all
points.
27
b. Parkways shall maintain a minimum crossfall of 2% toward
the street for a minimum distance of 10 feet from the
curb face.
91. 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.
92. 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)
93. 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)
94. 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.
95. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
96. 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
97. 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)
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)
[Sim-, 11
98. 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
f inal 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.
29
0001141
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. As an eptien in plaee ef the Surety Perfermanee Be
99.
i 1-. - cements, the applieant-er his sueeessers will l i be i i e
te-- reeerE the F±nal Map ft-he applicant ems —his s-___ss--s
agrees^te have -a-s berdinate -lien to the-- befefit efire -may
plaeed the subjeet preperty.
100. 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•
101. The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
102. 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.
103. The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right -of -way for public streets.
104. The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Los Angeles Avenue, Spring Road,
Tierra Rejada Rea. and Science Drive except for a eyed ac-
cess 1 oc a tlons
Va:..:i.:.:>..<.::.�...i.r ...
105. 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.
106. The subdivider shall e'meeute- a- eeyeiiant }- -iPith the land
en the - behalf - eitself and its saeeeeeeL-s, eirs, and ass i -
q to paEtlelpate -zir pi=e— fermatien vim— assessme-_
distriet er ether iraneing teehnique inelud-ing, but Rec
zifftited te, street and seit� _ . mp-avefaents neeess fated by this
pre - jet -and ether- gre}eets within the assessment distrieti �as
appreved by the Gity Engineer. The subdivider shall Eet
the right to ref"csc }--he- ametint and the spi-ead of any prepesed
assessment.
30
OOV
107. 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:
109. 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)
110. 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.
111. Work conducted during the school year shall be coordinated
with the Moorpark Unified School District and the City
Engineer.
112. 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)
113. All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
114. During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes.
115. 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):
31
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. Apply nonhazardous chemical stabilize to all inactiv
portions of the construction site. ,
eed exposed x7 surfaces with a wing, soil -
binding plant "to ::reduce wind erosion and its contra
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.
116. The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods. (EIR 2 -15, (A3)
117. Maintain equipment engines in good condition and in proper
tune as per manufacturers' specifications to prevent excessive
emissions. (EIR 2 -16, A4)
118. All diesel engines used in construction equipments should use
high pressure injectors. (EIR 2 -16, A5)
32
OOOIL17
119. All diesel engines used in construction equipments should use
reformulated diesel fuel. (EIR 2 -16, A6)
120. 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)
121. During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards.
122. Construction activities
stz
N1)
vi-ti-es
sheu be limited t
and
occur on Sundays.
o weekdays
Saturdays
No con -
(EIR 2 -19,
123. 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)
124. 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)
125. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment. (EIR 2 -19, N4)
126. 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.
127. 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.
33
00011s,
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
128. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
129. 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.
130. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
131. Sufficient surety in a form acceptable to the City guaran-
teeing the public improvements pertinent to each phase shall
be provided.
132. 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.
133. 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
134. 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.
135. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13'611).
136. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
34
100011W
137. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
138. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
139. 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.
140. 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.
141. 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.
142. 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.
143.
v r
144. All water mains and applicable hydrants shall be install 6d
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually. ,
4-45 Eenneetlen of the twe-- rae� s -ha11 -- requ-i-e - eempletien of
un_ .........
146. A fuel modification zone shall be maintained 100 feet wide
:......
VENTURA COUNTY WATERWORKS DISTRICT NO 1
GENERAL REQUIREMENT:
147. 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.
35
I( U
Tentative Tract Map No. 4974 Conditions:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF
..................................................................... ...............................
APPROVAL: `''''R'EM 1I <'' >':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
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
36
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,
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
37
0100 VIZ
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 sub
. . .....:....:............ ..<.,:.::., ?,,;:. :> division Map... .that is recorded.:;: <. in
lieu of the Tentative Tract Mai `
Ppas €'< =4785<
(collectively the Initial Map) or the date upon`wfiich 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 Ma ; >' `<:' °:: > :«:::` >.: .,
map (the Subsequent Map")
ML-11
000104"a
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.
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.
39
OOOV4,
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.
Landscapin
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
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.
40
() 01.
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 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. T e subdivider shall agree to provide the necessary
m intenance easements to the City for those signated
c mm �"
on landscape ar_Ga�
1. T e subdivider hall mainta'n the rh to protest the
ount and sp ad of any prop s�ass2 sment in relati on
to the form ion of a landsca enance assessment
dis ict, f and when create he City. (The
subdi 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.
M
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.
q. 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.
r. 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.
42
0001;4-�
Utilitv Aaencv Reauirements
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?
<:««.::.:
... : „, eea ova for the guzzler shall be reviewed and
a.:..: .
PProved by the At:::a:: >: >aa:t:: >:<:::let prior
. ....... E-y P
y _ :..:,.
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.
43
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, ntj ��- �';', 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
44
OOI. %9
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, "' ~' ' �F- ':':? 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, Plaintiff-s- :.: :.... ........::. ::: ;..._
shall make a written request of
Befe da~ that tFiey decide whether or not to make the
......
election arid.... De fendan ,. ,......... nt: ff,.
,... 0�!r shall notify "' �'
1e]ors of their decision within thirty (30) days after
receipt o the request. (SA -8)
The Mitigation Fee, if collected, may be expended by
Defendan 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 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 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
"' a' ~t' `f7'' at their sole cost and expense, without
off -set against the AOC Fee or the Mitigation Fee. The second
45
000l.30
Tierra Rejada westbound and eastbound lanes identified in the
SEIR have been constructed by City (the "Widening Project ").
....... ...............................
shall have no financial obligation with
respect ..to.:.the"" ning Project except as provided in this
e;i1i€ Agreement; provided, however, Gefteje Freeway
ger. ...
........ T }a . shall complete frontage
improvements on the n... hs de 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 o::;:::e::�:: ee:;::rten (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:
37. All areas to be commonly maintained`
as determined b ...... the...... t..........sha .l....be...des
;;;.;:. Y Y
ignated as separate lettered lots (Lot A, Lot B, etc.) on
final subdivision 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)
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
46
ooILW
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-
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
47
00(��,
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. ( 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.)
•,
000133
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
bio.lo.gic.al, control which is specific for mosquito larvae. 1
::...:
2- 9 B 3
( r )
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 ether signifleant
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 t trees.
When it is determined which €3 trees will be preserved, the
following guidelines shall appYy. (SP -28.5)
a. Design
i. Grading and /or the placement of structures shall be
49
000134
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
Specific plan the following standards shall apply to all
development except for single family detached subdivisions,
50
000135
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)
51
00013EI
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
6
()()()1.37
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 497 .
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.
53
000131.
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.)
54
(jU ()j39
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 "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 (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 f > Peach Hill c 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.
. ry�Q (may .'Olj!�.... yy. 'v:: :.; ..:.__...: .......: .. ::::. 1... :; :::: ::i::::: :• :: .:: :i:w; Y::i'. '.:
;::,e:#7:tiiJ�iF ?1itiR *:..... !.:iF:::::i:.AI: .: is
: :::::::::::<.;;;;: ;:.;:;::.:....::::::::: d.:.azz
::.:... :::::::::::.::.: : :::::::::::::.:.:.: ::.:::::.:. t:.:. . :. :........ id
::.
:.ry.:..:::.;: ;e::.;:<.::;:1.. ;::... et.:.:. E: IR,: ;.�..»:1:1.::.:;.;Tj�'�v...:.::.; �.t..:..:.;...;:.;:.;h "<;:::..::.::.:
;:.1: .::.::::.:;;.:;:.: E .:...:;>:.>:.::.::
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
55
0001.4 CI
right -turn lane. (EIR 2 -11, TC3)
73. Signalization Improvements, if determined neeessary at the
at Peach Hill Road shall
be completed prior to the issuance of zone clearance for
............. ...............................
occupancy of the 227th residential unit in z
' or issuance of the zone clearance
for occupancv on the 37th acre of SR /C /BP Area,di; €'5i3
74. Left turn storage lanes are required at all intersections
along Science Drive as shown on the c Specific Plan. No
other median breaks are allowed.
Engineer
?5. The — deeper- -is—te fully
westbound right turn —lane
y eenstru^tthe nert-h leg—e�
eastbeand le-ft turn laney
seuthbeund left turn lie,
and —s eu hbe -a right lane
MIN
100 ~11
74. Left turn storage lanes are required at all intersections
along Science Drive as shown on the c Specific Plan. No
other median breaks are allowed.
Engineer
?5. The — deeper- -is—te fully
westbound right turn —lane
y eenstru^tthe nert-h leg—e�
eastbeand le-ft turn laney
seuthbeund left turn lie,
and —s eu hbe -a right lane
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)
56
ooi41L
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 ( TC 13 . , TC 14 . , TC 15 . and TC 16 ) P8'4' tf< the
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 %).
................
79. The applicant shall include a bus stop .: ti €s er- in
the final street improvement plans ; :f::: c :::I :..;::: h ::::1? k
... ............................. ............................... y....
the eemmere is l areas - e the —pr eft ( E I R 2-16, A8 )
The final location of the bus r �e 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
57
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 : »;:;: <: > :::::::.::.:::: >:::::::<:<:<: >:::::.:: >: >..:.:::::: >:: <::> ::::::::::..:.
+* >:: >:: ::::>::: Ae: >«: >: >a >::: ><: >tie:<:: >:<the owners association
main enance districts 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
ewneers , asseGZatsen, main CeT anee —dis riot e'r ether
entities as described within this condition.
84. The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973s4f?. 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
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)
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)
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 prev e of this eentributle� be emenstrat
Manager, tire— applleant euld— net - ave --te — pay — the —Area
FefitiFlb l enfee .
59
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.
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 sub . __ eat - surety agrceiaent si a i l al � �d2
e - zrr e
preyislens fex -i eff site i-eyemecnts aleng the tee
frentaae e f Trzaet 4973 and ether- effslte ants whieh
rai:tlqatlen as deseribedherein-
M
OoOIL44
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.
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 der wee -strrret
Ne-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)
61
00014
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
f inal 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.
62
0001.40:
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 Les les Aevenuey Spring Road,
Tierra Re j ada Road,1 A.d. and Science Drive except
for
access
cat
::. P:::.
ion :...
_... _ at�3� CiV '�.I »:'��"�':#�ti[ tit '�^]�aE3:�rtiz�t�*:�t: >�:'3�:t*
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.
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
anteeing all public improvements
sureties shall remain in place for
tance of the public improvements by
the City Engineer, guar -
shall be provided. The
one year following accep-
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.
63
000114'.
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: (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.
64
00141 >
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)
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 411" sheuld be limited to weekdays ys
... ,::«.;:...;::;; ruction ccur on Sundays (EIR 2 -19,
szx .:::��`:;�::�..;:.;:... ►:�: >.: and Saturda
t activities s }d o. 1)
129. 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)
130. The developer shall provide staging areas on -site to minimize
off -site transportation of heavy construction equipment.
65
00014
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 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:
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.
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.
138. A drainage swale shall be constructed behind the existing
slough wall located on the south side of Peach Hill Road. The
..
0001541
swale shall empty into an drainage device as approved by The
City Engineer.
139. 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
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 (131611).
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.
67
000151..
149.
::::;;::::.;,: :.::: ::.::..:... :......:.:::::::.:.: i ::.:.:.::y.:.:. ::: :: ::> ::; Ynase une of
493 a - en a� y�::: 4974 shall complete
P.:..
Science Drive from :. 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.
151. E'enfteetlen ef -moire tics - traets s� all — require -- 9zetien e-f
Selefrce Drive -te Tierra - Rejada e- = the eempletlenvf Peaeh
Hill
...............
...............
...............
...............
152. A fuel modification zone shall be maintained 100 feet wide
.:.:.:.:.:.;;:.; .:::.::::::::.:::.::.: ::::: :off X :.. :. �€. .:. t a. .
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
153. The developer shall enter into an agreement for the (VC
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.
154. The applicant shall reserve an area, within the open space
for construction of water storage reservoirs. This area shal
be transferred to Ventura County Water Works.:District No.
bys.eparate....deed '?<`i;b c...de�� tad... ��....C��...;:�.i��.1....a .. ,...
................................ ....................::..::::::.
:4
PASSED, APPROVED AND ADOPT THIS 20TH DAY OF DEC ER 1995
ATTEST:
City Clerk
Mayor of the City oft ,,Molo�r�park
()00152
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.
The subdIvIdeL- shall Fftain-tain the right te pretest the
ameent E — spread of any repesed assessment in Laeiati
te- the -- feEnat en of a landscape FaaI,,re}anee— assessment
distriet, If and -irhen ereated by the Glty. (The
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
12
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.
PP12:07:95 14:16pmA :\CC.RSS 9
turn movement as part of signal installation. (EIR 2 -11, TC5)
Other:
76. 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 _eute and facilities
shall be approved by the Direct or"�of"Community Development.
77. 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.
78. Street lights shall be provided per Ventura County Standards
and as approved by the City Engineer.
79. 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
80. 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
beene
b
....._.- - 11t <::#:
a.: owners association, main, e"n"a'nce district, or similar
entity shall be responsible g
for maintaining the trails
.....- pn
99 trails shall be approved by the-- City Council aril
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 jt`''the
entities described within this condition.
81. The developer shall submit a conceptual trails plan concurrent
with the grading plan for Tract 4973. The plan shall provide
25
135. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13'6 ").
136. Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
137. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines.
138. The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
139. 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.
140. 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.
141. 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.
142. 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.
143.
�, .,.�, ruigeles Avenue to Peach Hill Road
.c�d..prior to combustible construction. ""
144. All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
£e a ree-B a E�-- '
ef
Rier-ra- RejaQom° -e he-e�, �-rc� -e ae#
i rte-
146. A fuel modification zone shall be maintained 1 e wide �::.::.
::.�:::::::::::........... €
VEN`URA COUNTY WATERWORKS DISTRICT NO. 1
35
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 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.
s -tee ei3 E�lVll�ei shall rftalfit ¢TIr 'ZZrP— Q t to pretest the
l n e iiraintenanery- v�c
M. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
41
n. The subdivider shall p=evide— mr- Zrreeable ezfer of
RM
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.
q. 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.
r. 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
42
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.
.:::;:.;;:.::.;::>::<:.:;.>:.;:.;:.;;;:.<.;::;;:.::.::.::;>:.;::>:::«::;:»p:.;;:.;:; .;:.::.;;:;.;:.:.;:.;;:.;:.;, ase une of
es-r4 43 e€—a ;` >'a 4 7 4 shall com lete
^;.; .T.;:..;:.:
..: p:::.
Science D '
rive
from �e�,�mge�1 ._.. -, .. ::::�t�8: »:Rf,�;�� to
Peach Hill Road prior to combustible construction.
153. 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.
154. 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
{ by separate deed ursuan:;::::
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF DECEMBER, 1995.
ATTEST:
City Clerk
.:
Mayor of the City of Moorpark