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Home My WebLink AboutAGENDA REPORT 1996 0918 CC REG ITEM 08B 71 . 100 ) ITEM Agenda Report City of Moorpark ear _ TO: The Honorable City Council aSIAY FROM: Paul Porter, Senior Planner11u Nelson Miller, Director of Community Development DATE: September 12, 1996 (CC meeting of September 18, 1996) SUBJECT: CONSIDER APPROVAL OF TENTATIVE TRACT MAP NOS. 4975, 4976, 4977 AND 4980 ON THE APPLICATION OF CARLSBERG FINANCIAL CORPORATION Background: The City Council adopted Resolution No. 90-714 on November 7, 1990 approving the Carlsberg Specific Plan dated October 30, 1990 . On February 6, 1991, the City Council adopted Ordinance No. 136 rezoning the property from RE, RE-lac and RPD 1 . 6u to C- P-D (SP) , M-1 (SP) , O-S (SP) , R-A (SP) , RPD lu (SP) , RPD 2u (SP) , RPD 3u (SP) , and RPD 5u (SP) . The Community Design Plan and the Development Standards as described in the Carlsberg Specific Plan were adopted by the City Council (Resolution No. 138) on February 20, 1991 . Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan dated September 7, 1994 were approved by the City Council and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994 . On September 21, 1994 , the City Council adopted regulations in the Zoning Ordinance which act as the controlling mechanism of the implementation of development within the Amended Carlsberg Specific Plan area. The standards set forth in the Ordinance ensure that future development proceeds in a coordinated manner consistent with the goals and policies of the Amended Carlsberg Specific Plan and the City of Moorpark General Plan. The standards apply to development of all residential, business park, commercial, institutional and open space areas . On December 20, 1995 the City Council approved Tentative Tract A: \18SEP96 .CC Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Page No. 2 Map Nos . 4973 and 4974 consisting of a large lots which define the areas for development, and are being subdivided with the current proposed subdivisions . Tract No. 4973 is for the northern portion of the Amended Carlsberg Specific Plan containing the following lots : • \ • ' . II • I• -- Lot 1 29 . 0 SR/C/BP (Subregional / commercial / business park) Lot 2 11 . 0 SR/C/BP Lot 3 89 . 8 Area B Lot 4 33 . 0 SR/C/BP OS-1 25 . 3 Natural Park 9 . 0 OS-2 7 .4 Vesting Tentative Tract Map No. 4974, consists of the southern portion of the Amended Carlsberg Specific Plan, contains the following lots : Vesting Tentative Tract Map No. 4974 • k• ' t - - 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 Discussion: Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 are for small lot subdivisions which correspond to the approved residential land use designations of the Amended Carlsberg Specific Plan and are as follows : A: \18SEP96 .CC Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Page No. 3 1 . Tentative Tract Map No.4975 which is a subdivision of a total of approximately 110 . 3 areas - Area A (3 . 7 U. P.G.A. ) with a minimum lot size of 6, 100 square feet and a maximum lot size of 10, 10, 900 square feet of the Specific Plan and contains a total of 145 residential lots and approximately 70 .3 acres of Open Space (Exhibit 3A, Area A on Exhibit 4) . 2 . Tentative Tract Map No. 4976 is the subdivision of approximately 82 . 8 acres - Area C (5 U. P.G.A. ) of the Specific Plan with a minimum lot size of 5, 200 square feet and a maximum lot size of 12, 960 square feet and contains 160 residential lots, a 6 . 5 acre park and approximately 43 . 7 acres of open space (Exhibit 3B, Area C on Exhibit 4) . 3 . Tentative Tract Map No. 4977 is the subdivision of approximately 57 .4 acres - Area D (3 U.P.G.A. ) of the Specific Plan with a minimum lot size of 7, 920 square feet and a maximum lot size of 35, 000 square feet and contains 109 residential lots and approximately 20 .4 acres of open space (Exhibit 3C, Area D on Exhibit 4) . 4 . Tentative Tract Map 4980 is the subdivision approximately 89 . 6 acres - Area B (3 U.P.G.A. ) of the Specific Plan with a minimum lot size of 6, 350 square feet and a maximum lot size of 14, 000 square feet and contains 138 residential lots and approximately 43 . 6 acres of open space and a 9 . 5 acre Nature Preserve Exhibit 3D, Area B on Exhibit 4 . On August 12, 1996, the Planning Commission held a public hearing on the above captioned Tentative Tract Maps, closed the public hearing and recommended approval of the Tentative Tract Maps with the following recommendations to the City Council : A: \18SEP96 .CC Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Page No. 4 A. Deletion of the Requirement for Private Recreational Area The Planning Commission recommended that the following condition placed on each of the Tentative Tract Maps requiring that the developer provide a private recreational area be deleted. The Planning Commission stated that homeowners should have the option to purchase a home without paying for the costs for maintaining a homeowners' association and a private recreational facility. The condition of approval recommended to be deleted by the Planning Commission is as follows : As part of a approval of a Residential Planned Development Permit, the developer shall provide a private recreational area consisting, but not limited to a pool, spa, tot lot and recreational building. The subdivider shall provide a lot centrally located and on a corner to be reserved for a future recreational area. Issue A nine acre nature preserve and a 6 . 5 acre park site are proposed to be dedicated to the City in the central portion of the project area. Within the boundaries of the Specific Plan Area, the developer will dedicate and construct an improved public park which will include a softball field, backstop, regulation soccer field, two tennis courts, full basketball court, childrens' play equipment, restroom, picnic shelter and parking area. This area will be dedicated to the City upon construction of the 227th dwelling unit and will be dedicated to the City for public use . This dedication satisfies the Quimby Requirements for park dedication, but does not satisfy the need for private recreational facilities such as a neighborhood pool and spa facilities normally maintained by a Homeowner Association for individual housing tracts . One of the general purposes of Planned Developments is to provide a more varied, attractive and energy efficient living environment as well as greater opportunities for recreation than would be A: \18SEP96 .CC Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Page No. 5 possible under circumstances . Requiring the developer to provide private recreational facilities will provide families within the housing development an opportunity to have access to a pool and spa facility that they would otherwise not be able to enjoy as the City does not have a community pool . Most residential projects approved by the City have been required to provide some type of private recreational facility as a condition of the development permit . These include the Tracts within Mountain Meadows, Foxwood and Shadow Run (Tentative Tract ' Map Nos . 3525 and 3019) , Varsity Park Estates (Tract 3049) , Campus Hills (Tract 3963) and Tracts within the Peach Hill area. Eliminating a private recreational facility would be a departure from normal City requirements for Residential Planned Developments within a residential planned community. B. Modification of Trail System The Open Space and Recreational Plan for the Carlsberg Specific Plan depicts hiking trails within the Open Space areas of the Specific Planning area. The applicant has requested that a portion of these trails be eliminated from Exhibit No. 8 of the Specific Plan. Exhibit No. 8 of the Amended Carlsberg Specific Plan designates approximately 13 , 500 feet of Trails which are to be six (6) feet wide and constructed of decomposed granite with a continuous redwood header on each side . The Planning Commission concurs with the applicant' s request and recommends that the existing hiking trail system be modified to eliminate approximately 7, 850 feet of trail which would leave 5, 590 feet of trails . The trails that are proposed to be eliminated do not provide hikers with a purposeful destination, while the proposed additions to the trails will provide trails that provide hikers a means to enter the park area or the commercial areas along New Los Angeles Avenue. A: \18SEP96 .CC Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 Page No. 6 C. Recommendation by Planning Commission that maintenance of open space lots, slopes, parkway landscaping for all streets within residential tracts, any shared driveways, storm - . * = - 9 - 9 . * . • - = t . 9 • 11 77• , 71-. . f - 9 - 0 - areas, recreational areas, and any slope directly affecting drainage or residential street facilities be performed by an assessment district rather than by homeowner's association. The Planning Commission stated that the City could most likely provide maintenance of the above captioned landscape areas at a cost to the homeowners that would be less expensive than having a homeowner' s association provide the maintenance. In addition, there was concern on the part of the Planning Commission that people not living within the housing tracts would utilize the open space areas creating further problems for a homeowners' association. Issue Having an assessment district provide landscape maintenance for trails and walkways not adjacent to streets and open space areas within tracts and on slopes adjacent to interior streets, trails, and open space areas to housing tracts is a significant departure from previous practice of having the maintenance of these areas performed by a homeowners' association. There are reasons for this practice, including financial . Generally, it is good practice to have the homeowners responsible for issues that directly relate to them, including use and appearance of these areas, fire protection, and cost control . For areas within rights-of-way, such as the proposed median on Tierra Rejada Road and Science Drive as well as parkways and entryways on collector streets could be maintained by either a citywide or area wide assessment district, but private areas would be maintained by Homeowner' s Association. Maintenance of open space areas by an assessment district would also require dedication of an easement or dedication of the property in fee to the City. A: \18SEP96 .CC Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Page No. 7 A significant issue related to this is that the Howard Jarvis Taxpayers Association has qualified a new initiative (Proposition 218) on public financing for the November, 1996 ballot that its authors hope will restrict local governments' use of assessments. If passed, property owners may have to approve by a majority vote any assessment or increase in assessment on their property. This could have the effect of severely limiting the City' s ability to ensure that there is sufficient funds available to provide the necessary maintenance for land within assessment districts . If the City Council confirms the Planning Commission recommendation to not require a homeowners' association to provide maintenance, the following conditions of approval placed on Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 will need to be modified. The condition Nos . listed are for Tentative Tract Map No. 4975 . The numbers of the conditions may differ on the other Tentative Tract Maps . If a homeowners' association is not required for maintenance of the private open space area, this might be viewed by other developers as having some precedent setting implications . Covenants, Conditions and Restrictions 1 . Covenants, Conditions and Restrictions (CC&R's) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R's shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC&R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 8 approval of the first phase of the final map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to the sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R's. The Homeowners' Associations may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map or approved Residential Planned Development Permit. Sixty (60) days notice must be given to the City of the intent to modify CC&R's. Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R's. Covenants, Conditions and Restrictions 6 . Covenants, Conditions and Restrictions (CC&R's) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R's shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC&R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the final map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to the sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R's. The Homeowners' Associations may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map or approved Residential Planned A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 9 Development Permit. Sixty (60) days notice must be given to the City of the intent to modify CC&R's. Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R's. Declaration of Public Nuisance 11 . The continued maintenance of the common maintenance areas shall be subject to periodic inspection of the City. The applicant, developer or responsible Homeowners' Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance". The Applicant/Developer, Homeowners' Association, or each individual property owner, as applicable shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance. b. Prior to issuance of any Occupancy permit, the proportional share of the required 600 additional 15 gallon trees for mitigation of the removed Oak trees shall be planted as shown on the approved landscape plan. The location of the trees shall be spread throughout the project area and shall not block horizon views from proposed residential units. The final location of the trees shall be determined as part of the approval of the Landscape Plan. The Homeowners' Association shall be responsible for maintenance of the trees. 33 . c . 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. A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 10 k. 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. 1 . Prior to Homeowners ' 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. 33 .n. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any- portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District. The total cost of the formation of any- Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other required work shall be borne by the property owners, as determined by the A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 11 City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC&R's shall also include all Conditions of Approval as well as the design guidelines as specified in the Carlsberg Specific Plan. The median on Tierra Rejada Road and Science Drive shall be maintained by a Citywide Assessment District while the parkways and entryways on all collector streets as determined by the City shall be maintained by an area wide Assessment District. 64 . Grading on the perimeter of the site shall not be designed with perimeter down slopes to property lines unless a homeowners ' association, slope maintenance district, or similar entity is established for maintenance of such down slopes. (SP-12.1 . ) 71 .k. With the exception of the bench drains emptying into the cul-de-sacs for "D", "F" and "G" streets, 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; 74. 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. 96. The final map shall indicate the location of all trail easements. The minimum widths of said easements shall be a minimum of 12 feet wide. The trails easements shall be offered for dedication to the City of Moorpark. Prior to A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 12 recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements. Once the trails have been built, the developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the owners ' association, maintenance district, or similar entity shall be responsible for maintaining the trails. Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. D. Modification to condition requiring the timing of the payment of the Tierra Rejada Area of Contribution Fee. Staff recommended to the Planning Commission that the following condition of approval placed on the Tentative Tract Maps be modified to require the payment of the Tierra Rejada Area of Contribution Fee be paid by to the issuance of each building permit . The Planning Commission concurred with the recommended change to this condition. Prior to the issuance of each building permit for any residential, unit within Tract 4975, the 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. (SA-6) E. Determination of location and minimum setbacks for proposed residences. The Amended Carlsberg Specific Plan requires that residences meet required front, side and rear yard setbacks . In addition to required setbacks, the Amended Specific Plan requires that setbacks of proposed residences be varied so as to provide visual diversity. Therefore the following Condition of Approval was placed on each of the Tentative Tract Maps : A: \18SEP96 .CC 9 Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 13 Setbacks f. : - •- . - • . -• I- - ••u- • u ' The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences. Issue The applicant has indicated that the setbacks as specified in the Amended Specific Plan do not indicate that they are minimum setbacks and as such the setbacks should be able to vary outside the setback areas . The applicant has requested the City Council to make a determination regarding this issue . Staff Comment The required setbacks as specified in the Amended Specific Plan are considered minimum setbacks . Standard practice is to consider Ordinance Requirements as minimums . Staff is of the opinion that the building envelopes as shown on the Tentative Tract Maps are not to be construed to be the location of the setbacks of the future residences as they are significantly larger than the actual footprint of any proposed residence . Therefore, there is sufficient room within the existing building envelope to provide that residences have at least a three foot variation in front setback between adjacent lots with no more than two adjacent lots having the same front setback. Therefore, it is recommended that the above condition be modified to state as follows : Setbacks for Residential Planned Development Permit The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences. A criteria for this is that there shall'. be a minimum of three feet variation in front setback between adjacent lots, with no more than two adjacent lots having'' the same front setback. A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 14 F. Location of Lots Closer than 65 Feet from Science Drive In reviewing the lots adjacent to Science Drive, it appears that in some cases, the driveways will be close to the intersection of Science Drive. In order to preserve a well designed and aesthetic corridor along Science Drive, staff recommends that the City Engineering Conditions for each of the Tentative Tract Maps be modified to include the following verbiage : All driveways shall be located on lots such that no portion of the driveways shall be closer than 65 feet to the closest beginning of curve radius for the intersection with Science Drive (This may require shifting of some lots or lot lines) . Easements and landscaping shall also be provided at the intersection with Science Drive to enhance the tract entries, subject to the approval of the Director of Community Development (Condition No. 81 - Tract 4975) . 4 f • - } • - _ • • ip • • , - • t • • • Since the Planning Commission public hearing on these Tentative Tract Map, staff has reviewed the conditions and has minor changes to to conditions which will serve reduce redundancy and better clarify the intent of the conditions . These modifications to the Conditions of Approval have been placed in legislative format for the Council' s review. These conditions will be provided to the Council under separate cover. One area of clarification that staff has recommended Council specifically address is acceptance of street improvements and median and parkway landscaping for mainitenance. This is addressed in recommendation 8 and Condition 75 of Tract 4975 with similar conditions in each of the tract . Grading The Tentative Tract Maps indicates that proposed grading for the will be as follows : 1 . Tentative Tract Map No. 4975 - 450, 000 cubic yards - no A: \18SEP96 . CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 15 import 2 . Tentative Tract Map No. 4976 - 850, 000 cubic yards - no import 3 . Tentative Tract Map No. 4977 - 750, 000 cubic yards - import from Tract No. 4974 4 . Tentative Tract Map No. 4980 - 560, 000 cubic yards - import from Tract 4973 City policy requires City Council approval of this amount of grading and any haul routes on public roads . It is staffs' recommendation to approve anticipated trips to the site and have the City Engineer approve the haul route at the time a grading permit is issued. Processing Expiration Date The processing expiration date of this project is November 5, 1996 STAFF RECOMMENDATIONS: 1 . Open the public hearing and accept public testimony. 2 . Determine that the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the reuse of the Subsequent EIR. 3 . Make the appropriate findings (Attachment No. 1) for each of the entitlements requested by the applicant . 4 . Direct staff to prepare a resolution to be presented to the City Council at the next regular meeting approving the Tentative Tract Maps . 5 . Approve the modification to the hiking trails . 6 . Make a determination regarding a requirements for private recreational facilities regarding whether the applicant should be required to reserve a lot in each Tract for a A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 16 private recreational facility. 7 . Make a determination as to whether maintenance of open space lots, slopes, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities should be the responsibility of an assessment district or by homeowners' association. 8 . For any areas to be maintained by assessment district, determine that the assessment district will not be responsible for maintenance until completion of all units in the tract . 9 . Determine that the varied setbacks for the residences shall vary within the minimum setback areas as specified in the Amended Specific Plan. 10 . Approve anticipated trips to the site and have the City Engineer approve the haul route at the time a grading permit is issued. 11 . That the City Council require driveways on streets intersecting Science Drive to be located as recommended in the staff report and with tract entry landscaping. Attachments : 1 . Findings 2 . Planning Commission staff report dated August 12, 1996 with attachments 3 . Tentative Tract Maps 4 . Conditions of Approval (under separate cover) A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 17 FINDINGS California Environmental Quality Act Findings 1 . The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the use of the Subsequent EIR. 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 . 1 . The proposed maps are consistent with the applicable general and specific plans. 2 . That the design and improvements of the proposed subdivisions are consistent with the applicable general and specific plans . 3 . The site is physically suitable for the type of development proposed. 4 . The design of the subdivisions and the proposed improvements are not likely to cause substantial environmental damage . 5 . The design of the subdivisions and the type of improvements are not likely to cause serious public health problems . 6 . The design of the subdivisions and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivisions . ATTACHMENT 1 A: \18SEP96 .CC Tentative Tract Maps 4975, 4976, 4977 and 4980 Page No. 18 7 . There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. Consistency Finding Tentative Tract Map No. 4975, 4976, 4977 and 4980 are consistent with the City' s General Plan and the Amended Carlsberg Specific Plan. A: \18SEP96 . CC 1 Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 2 3. Tentative Tract Map No. 4977 is the subdivision of Area D (3 U. P.G.A. ) of the Specific Plan and contains 109 residential lots and approximately 20.4 acres of open space (Exhibit 3C, Area D on Exhibit 4) . 4. Tentative Tract Map 4980 is the subdivision of Area B (3 U. P.G.A. ) of the Specific Plan and contains 138 residential lots and approximately 43.6 acres of open space and a 9.5 acre Nature Preserve Exhibit 3D, Area B on Exhibit 4) . H. PROPOSED LOCATION: The proposed subdivisions project site is located in the southeastern portion of the City of Moorpark. The site is bounded by New Los Angeles Avenue and Arroyo Simi to the north, Spring Road to the west, Tierra Rejada to the south, and the Moorpark Freeway (State Highway 23) to the east. See Exhibit No. 5 for the location of each proposed Tentative Tract Map. Assessor's Parcel No(s) . : 500-35-15, 500-35-33, 512-15-60, and 513-05-11, 500-35- 034 and 500-35-041 LOS ANGELES AVE. 5a Rq RE,IADA RD A: \REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 3 I . PROJECT COMPLETION AND PROCESSING EXPIRATION DATE: Project Complete: August 5, 1996 Processing expiration date: November 5, 1996 J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2. Determine that the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the reuse of the Subsequent EIR. 3. Make the appropriate findings (Exhibit No. 1) for each of the entitlements requested by the applicant. 4. Adopt the attached resolution recommending to the City Council approval of the requested Tentative Tract Maps. 5. Recommend to the City Council that the hiking trails be modified and that the applicant be required to reserve a lot in each Tract for a private recreational facility. A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 4 SECTION II - PROJECT SITE BACKGROUND A. PROJECT SITE HISTORY: The City Council approved the Carlsberg Specific Plan dated on October 30, 1990 and on November 7, 1990 adopted Resolution No. 90-714. On February 6, 1991, the City Council adopted Ordinance No. 136 rezoning the property from RE, RE-lac and RPD 1.6u to C-P-D (SP) , M-1 (SP) , 0-S (SP) , R-A (SP) , RPD lu (SP) , RPD 2u (SP) , RPD 3u (SP) , and RPD 5u (SP) . The Community Design Plan and the Development Standards as described in the Carlsberg Specific Plan were adopted by the City Council (Resolution No. 138) on February 20, 1991. Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan dated September 7, 1994 were approved by the City Council and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. On September 21, 1994, the City Council adopted regulations in the Zoning Ordinance which act as the controlling mechanism of the implementation of development within the Amended Carlsberg Specific Plan area. The standards set forth in the Ordinance ensure that future development pro- ceeds in a coordinated manner consistent with the goals and policies of the Amended Carlsberg Specific Plan and the City of Moorpark General Plan. The standards apply to development of all residential , business park, commercial , institutional and open space areas. B. EXISTING SETTING: The project site ranges in elevation from 520 to 920 feet and is characterized by a variety of topographic features. The southern portion of the site consists of a relatively flat alluvial plane overlooking the Tierra Rejada Valley and transitions into two prominent peaks in the A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 5 southeast and southwesterly portion of the site. The terrain then descends in a northerly direction to a mid-sized arroyo area bordered on the north by a steep ridgeline. A large gently sloping plain extends from this ridge to New Los Angeles Avenue. The site is bisected in an east- west direction by areas with slopes of 20 percent or greater. Near the northwesterly portion of the site is a 20-acre plateau which rises approximately 100 feet above the alluvial plain below. C. SITE ZONING: SRC/C/BP (Subregional Commercial/Commercial/Business Park) , Single Family - 3.0 U.P.G.A. , Single Family Residential - 3.7. U.P.G.A. , Single Family Residential 5.0 U.P.G.A. ,Open Space, and Park. D. VICINITY ZONING: North: SRC/C/BP (Sub-Regional Commercial/Business Park) South: 0-S (Open Space) East: Open Space West: R-E (Residential Exclusive) and RPD E. SITE GENERAL PLAN: Specific Plan (SP) F. VICINITY GENERAL PLAN: North: Carlsberg Specific Plan) South: Open Space (Unincorporated County) East: Freeway Right-of-Way West: Medium Density Residential G. SURROUNDING LAND USES: A:\REPORT.PC Tentative Tract Map Nos . 4975, 76, 77 and 80 Page 6 The area immediately surrounding the project site consists primarily of residential uses, and undeveloped land. The northern portion of the site is bordered by New Los Angeles Avenue, and proposed SR/C/BP uses. The extreme northwest corner of the site is adjacent to the Arroyo Simi , beyond which are commercial/office uses. Across New Los Angeles Avenue to the north are single family and multi -family residential uses, an industrial complex, and vacant land. The site is bordered on the west by Spring Road, across from which is a single family residential development and Monte Vista Nature Park. Also located along the western portion of the site on Peach Hill Road are two existing churches. The extreme southwest portion of the site is adjacent to a vacant neighborhood commercial site. Tierra Rejada Road bounds the project on the south and the Moorpark Freeway (23) bounds the site to the east. Beyond both the southern and eastern project boundaries area are County of Ventura open space areas. A portion of the open space area across Tierra Rejada Road is included in the Tierra Rejada Greenbelt Agreement area established by the cities of Moorpark, Thousand Oaks, Simi Valley and the County of Ventura. SECTION III - PROJECT DESCRIPTION PROJECT PROPOSAL/REQUIREMENTS ACCESS Access to the site is currently available from the Moorpark Freeway(State Highway 23) at two points: northerly at New Los Angeles Avenue and southerly at Tierra Rejada Road. The project is also bounded by Spring Road to the west. The terminus of Peach Hill Road is located at the westerly boundary of the site. Internal access is currently limited to private, unpaved and gated roads. A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 7 CIRCULATION PLAN The Circulation Plan for the Amended Carlsberg Project Area establishes the roadway network and basic standards for safe vehicular movement within the area. Alignments for arterial and local roadways and typical cross-sections for these roadways by street classification are provided within the Amended Specific Plan. 1. Regional Access Regional access to the site is provided by way of two state highway corridors: the Simi Valley Freeway (State Route 118) and the Moorpark Freeway (State Route 23) . State Route 118, which terminates in the northeast section of the city provides access to the City of Simi Valley and the San Fernando Valley to the east. Route 118 continues through the City of Moorpark as a conventional roadway, eventually terminating at the Santa Paula Freeway (SR 126) to the west in the City of Ventura. State Route 23 enters at the southeast portion of the city and terminates at the New Los Angeles Avenue interchange. Route 23 provides access to the Ventura Freeway (U.S. 101) eight miles south of the city. 2. Connector Plan Local access will be provided via the following five planned or future roadways: New Los Angeles Avenue Science Drive Spring Road Tierra Rejada Road Peach Hill Road A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 8 3. Internal Access Internal access on the project site will be designed as a function of the site specific entitlement process. All roadways are conditioned to be in conformance' with the City's standards as provided for in the Amended Specific Plan. TRAFFIC According to the Subsequent Environmental Impact Report prepared for the Amended Carlsberg Specific Plan, dated May 18, 1993, the Amended Specific Plan is estimated to generate approximately 48,500 average trips (ADT) , of which 1,416 would occur during the A.M. peak hour, and 3,156 during the P.M. peak hour. The additional traffic would result in Intersection Capacity Utilization (ICU) increases greater than .01 for several neighboring intersections. Increases in ICU generation of this magnitude are considered significant if not mitigated at full build-out. The Amended Specific Plan will improve the operating capacity of the Spring Road/Tierra Rejada Road intersection due to relief provided by the proposed on-site circulation system and pattern modifications. The City Engineer has imposed mitigation measures as specified in the Subsequent EIR, Settlement Agreement and Amended Specific Plan to reduce project-related traffic impacts to levels below the City's thresholds of significance. AIR QUALITY The Tentative Tract Maps will not produce significant amounts of ROC or NOx because there will not be construction of permanent structures with these subdivisions. Air quality fees will be required prior to occupancy of the residential units. Thus the development projects are not expected to result in substantial deterioration of the ambient air quality. Any short-term impacts due to grading will be mitigated to an insignificant level . PRIVATE RECREATIONAL FACILITIES A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 9 A nine acre nature preserve and a 6.5 acre park site is proposed in the central portion of the project area. Within the boundaries of the Specific Plan Area, the property owners will dedicate an improved public park which will include a softball field, backstop, regulation soccer field, two tennis courts, full basketball court, childrens' play equipment, restroom, picnic shelter and parking area. This area will be dedicated to the City upon construction of the 227th dwelling unit and will be dedicated to the City for public use. This dedication satisfies the Quimby Requirements for park dedication, but does not satisfy the need for private recreational facilities such as a neighborhood pool and spa facilities normally maintained by a Homeowner Association for individual housing tracts. One of the general purposes of Planned Developments is to provide a more varied, attractive and energy efficient living environment as well as greater opportunities for recreation than would be possible under circumstances. Therefore, the City has required private recreational facilities within several Residential Planned Developments throughout the City. Several of the lots within the proposed Tentative Tract Maps are to small to provide pool and spas. Requiring the developer to provide private recreational facilities will provide families within the housing development an opportunity to have access to a pool and spa facility that they would otherwise not be able to enjoy as the City does not have a community pool . Most residential projects approved by the City have been required to provide private recreational facilities as a condition of the development permit These include the Tracts within Mountain Meadows, Foxwood and Shadow Run (Tentative Tract Map No.s 3525 and 3019) , Varsity Park Estates (Tract 3049) , Campus Hills (Tract 3963) and some of the Tracts within the Peach Hill area. The applicant has informed staff that if a lot is not dedicated for possible use as a private recreational facility during the Tentative Tract Map stage that future developers will not be able to provide a recreational facility once a Residential Planned Development is submitted without reducing the number of developable lots. Staff is of the opinion that the applicant should modify the A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 10 Tentative Tract Maps at this time to allow a future developer the option of providing a private recreational facility as part of the Residential Planned Development permit process. In order to be consistent with other recently approved residential projects within the City, staff has conditioned each tract to provide a lot to be reserved as a private recreational facility to include amenities such as a pool , spa, tot lot and recreational building. MODIFICATION OF TRAIL SYSTEM The Open Space and Recreational Plan for the Carlsberg Specific Plan depicts hiking trails within the Open Space areas of the Specific Planning area. The applicant is requesting that a portion of these trails be eliminated from Exhibit No. 8 of the Specific Plan or modified. Exhibit No. 8 of the Amended Carlsberg Specific Plan designates approximately 13,500 feet of Trails which are to be six (6) feet wide and constructed of decomposed granite with a continuous redwood header on each side. The proposed changes to the trail system will eliminate approximately 7,850 feet of trail to 5,590 feet. However, the trails that are proposed to be eliminated do not provide hikers with a purposeful destination, while the proposed additions to the trails will provide trails that serve a useful purpose in that they will provide hikers a means to enter the park area or the commercial areas along New Los Angeles Avenue. The Implementation Section of the Amended Carlsberg Specific Plan addresses both Administrative (Minor) modifications and Major Modifications to the Specific Plan. Minor Modifications are those changes which do not materially affect the overall purpose and intent of the Specific Plan, while Major Modifications are considered to be a substantial change in land use relative to the Specific Plan, Tract Map or permit. Major Modifications shall be acted upon by the City Council while Minor Modifications may be approved by the Director of Community Development in accordance with applicable procedures for Minor Modifications. A: \REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 11 In this case, the Director has determined that elimination of approximately 7,850 feet of improved hiking trails is a minor change to the Specific Plan in that it reduces a substantial amount of the trails within the Specific Planning .area. This reduction should have the benefit of review and recommendation of the Planning Commission to the City Council . IV. CONFORMANCE WITH THE SPECIFIC PLAN Generally, the lots for the Tentative Tract Maps are consistent with the intent of the Amended Specific Plan in that these large lot subdivisions subdivide the lots into planning areas consistent with the approved Land Uses of the Amended Specific Plan. V. CONFORMANCE WITH THE GENERAL PLAN Urban Form 1. General Plan Policy Confine urban development in or adjacent to existing urban areas; maintain open space between urban areas; integrate residential , commercial , and industrial uses to achieve balanced communities; discourage outward expansion of development when suitable developable areas exist within the service areas. Conformance The project site is located adjacent to existing urban areas and contains open space between existing residences westerly of Spring Road. Services are available to the site and the land use plan for the project has been prepared to achieve a "balanced community, " with a complementary mix of residential shopping, employment-generating, recreational , and aesthetic uses. A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 12 2. General Plan Policy To promote the integration of environmentally oriented and architecturally sensitive design into the development of all facilities and types of land uses. Conformance Large expanses of natural open space as well as adherence to the architectural guidelines as specified in the Amended Carlsberg Specific Plan, once the applicant submits for Planned Development Permits for implementation of the Amended Specific Plan, will ensure the development of an aesthetically sensitive project. The large lot subdivision specifies a number of the parcels for open space. 3. General Plan Policy A definite, distinct image shall be established through entry monumentation, architecture, and landscape themes/trails . To encourage the enhancement of community appearance in the urban areas through beautification efforts and the preservation of aesthetic resources . Conformance The Specific Plan has been formulated with respect for the natural physical character of the site, and development will blend sensitively with the natural environment. Undeveloped areas will remain in natural open space. This area has been designed to protect views of the natural environment Also, conditions placed on the Maps are designed to ensure that the intent of the Specific Plan is carried through even at the large lot subdivision stage of development. A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 13 Residential 4. General Plan Policy Encourage a variety of housing densities and varying densities within developments . Conformance A mix of single- family housing types will be provided ranging from 3.0- U.P.G.A. to 5.0 U.P.G.A. Three residential density classifications are included in the plan. The lots designated for residential uses conform to the intent of the residential land uses as specified in the Land Use designations identified in the Land Use Map of the Amended Specific Plan. 5. General Plan Policy Establish a phasing plan which will prevent scattered urban development and will provide for orderly growth. Conformance The specific plan provides for the logical and sequential phasing of development coordinated with the provision of adequate infrastructure systems . The subdivisions are conditioned to assure that the infrastructure backbone of the Specific Plan area is set in place to accommodate the proposed phasing of development. 6. General Plan Policy Designate hilly areas as rural or open space. Conformance A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 14 The more sensitive areas of the site have been designated as open space in the approved plan and are identified as Open Space parcels on the Tentative Tract Maps. 7. General Plan Policy Encourage residential development with properly planned and adequate public services. Conformance The specific plan provides for a system of public and community facilities to meet the needs of residents of the project. The Tentative Maps are conditioned to provide adequate services. 8. General Plan Policy To ensure that the location of residential land uses provides a harmonious relationship between adjoining uses, natural features and the total environment. Conformance All development areas are designed to blend sensitively with the natural environment, and to achieve compatibility with surrounding properties. 9. General Plan Policy To provide adequate and appropriate traffic movement on adjoining arterioles. Conformance A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 15 The traffic improvements identified in the Specific Plan Subsequent EIR will provide for adequate traffic movement and the conditions of the Vesting Tentative Tract Maps implement the mitigations specified in the Specific Plan Subsequent EIR. Water Resources and Quality 10. General Plan Policy Prevent or discourage new agricultural and urban development which will degrade groundwater from location on aquifer recharge areas. Treat or contain runoff which has substantial amounts of pollutants or contaminants at the source where feasible, encourage land use design which will capture water for groundwater recharge and maintain aquifer recharge areas. Conformance The drainage facilities for the project will be constructed in accordance with all local and state requirements. 11. General Plan Policy Limit development in scenic, significant or fragile habitats, watersheds and historical and cultural areas . Conformance Where significant habitats may exist, the appropriate local , state and federal agencies have been consulted during the initial 30 day review period of the processing of these Tentative Tract Maps. Also, appropriate mitigations specified in the master EIR have been implemented through conditions placed on the Tentative Maps. A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 16 P ysical Environment/Hazard Areas 12. General Plan Policy Development should be strongly discouraged on areas of natural or human- made hazards, or on hillsides above 20 percent slope or on ridgelines , or in hazard areas where hazards cannot be mitigated without significant adverse environmental effects and where public expenditures for mitigating would not be cost effective. Conformance Development shall not take place in areas where it is determined to be hazardous or unsafe. Grading Plans will be required for any grading activities. These plans are subject to review and approval of the City Engineer and the Director of Community Development. 13. General Plan Policy Floodplains , fire hazard areas , landslide areas, potentially active faults, and areas with high liquefaction potential should be placed in an open space designation on the plan or development in these areas should be adequately protected from these hazards. Conformance Development shall not take place in areas where it is determined to be hazardous or unsafe. Detailed studies are necessary prior to Final Map approval . A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 17 Recreation 14. General Plan Policy Reserve land use options for future regional parks and recreational development. Conformance Consistent with City Council direction, a 6.5-acre city park site is proposed in the land use plan. In additional , staff has imposed a condition on the Tentative Tract Maps requiring that the applicant provide a residential lot to be reserved for a private recreational facility. 15. General Plan Policy The future acquisition of parks should be designated to serve local needs. Improvements to existing local parks should be encouraged as well as the development of additional parks, as the need arises. Future acquisitions and improvement should consider the concerns of this plan with respect to traffic, air quality, water, etc. Conformance Consistent with City Council direction, a 6.5-acre city park site is proposed in the land use plan. However, private recreational areas consistent with other developments in the City containing recreational facilities such as a pool , spa, tot lot and recreational building for the residents has not been provided. As previously mentioned, staff has placed a condition of approval on the Tentative Maps requiring that private recreational facilities for future homeowners be provided. 16. General Plan Policy A:\REPORT. PC . Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 18 Bicycling, equestrian and hiking trails should be developed as a part of the community-wide trail system. Conformance Trails will be developed in accordance with the trail system as identified in the Amended Carlsberg Specific Plan and any existing or proposed Citywide trail systems. The Vesting Tentative Maps have been conditioned to place the trail easements on the Maps prior to recordation. Also, final design and improvements for the trails shall be completed at the time of development. 17. General Plan Policy To establish sites for park and recreational facilities as necessary in accordance with the distribution of population, and in locations that provide a harmonious relationship between adjoining uses . Conformance The provisions for parks meets the local park requirements. Open Space 18. General Plan Policy To encourage appropriate types and amounts of open space in and around urban development. Conformance The City Council approved plan provides for a significant amount of the A.\REPORT.PC Tentative Tract Map Nos . 4975, 76, 77 and 80 Page 19 site to be kept as permanent open space. These open space areas are shown on the Tentative Tract Maps. 19. General Plan Policy To encourage the preservation of visually unique terrain, vegetation and water resources. Conformance Open space areas are provided by the Amended Specific Plan and are identified on the Tentative Tract Maps. 20. General Plan Policy Encourage adequate provisions for open spaces which respect natural features, scenic qualities and historical and cultural resources. Conformance The City Council decision designating the open space areas was based upon these considerations . 21. General Plan Policy Excessive and unsightly terracing, grading and filling of hillsides shall be strongly discouraged. Development which will obscure or alter the natural ridgelines shall be strongly discouraged. Conformance Grading plans will be prepared in concert with the city staff review and A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 20 approval , and shall be implemented in as sensitive a manner as feasible. These plans are subject to approval by the City Engineer and the Director of Community Development. 22. General Plan Policy Historically, significant and archaeologically sensitive areas shall be identified and preserved. Conformance In the event that historic artifacts are encountered, all appropriate steps for their preservation shall be taken. Community Facilities 23. General Plan Policy Development shall be permitted only where adequate public services are available, or can be provided readily. Public services shall include fire, police, water, schools, roads, and sanitation facilities. Conformance All requirements for public services shall be met. 24. General Plan Policy The planting of fire-retardant groundcover will be encouraged around any development in, or near high fire-hazard areas. Conformance A.\REPORT.PC Tentative Tract Map Nos. 4975. 76, 77 and 80 Page 21 All development shall meet all regulations and requirements of the City Fire Department and the fuel modification program in the Specific Plan. 25. General Plan Policy Safe, separate, and convenient paths for bicyclists and pedestrians should be constructed so as to encourage these alternate forms of non-polluting transportation. 26. General Plan Policy Planting and landscaping along major streets shall be encouraged so as to mitigate visual and erosion problems. Implementation of the specific plan landscape guidelines will achieve the intent of this policy. Conformance Implementation of the specific plan landscape guidelines will achieve the intent of this policy. 27. General Plan Policy All well sites that have been abandoned, or are longer producing shall be restored to their original condition as nearly as practicable. Conformance No abandoned well sites exist on the property. A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 22 Open Space, Conservation and Recreation Element This element of the General Plan establishes the framework for the provision, maintenance and enhancement of open space, recreation, conservation, and agricultural areas for the purposes of promoting the quality of life of the citizens of Moorpark. The Tentative Tract Maps will implement the goals of the Open Space, Conservation and Recreation Element through the provisions of a 6.5-acre public park, open space and extensive hiking and ,bicycle trails. Circulation Element The major goals set forth in the Circulation Element of the General Plan specify that transportation within the city must be provided in a safe, efficient manner. Specifically, a reasonable level of service for streets and adequate public transportation facilities are required. The Amended Carlsberg Specific Plan and Tentative Tract Maps, as conditioned, are consistent with the Circulation Element and in that it provides for the safe and efficient movement of traffic through the proper placement of access/egress points and required traffic improvements (eg. , travel lanes, turning pockets and traffic signals. Additionally, improvements including landscaping will be made to street sur- rounding the project in order to facilitate traffic movement and provide attractive streetscapes. VI. AGENCY REVIEW Agencies and Departments which reviewed the proposed projects include the City Engineer, City of Moorpark Police Department, Fire Prevention District, Waterworks District No. 1, Moorpark Unified School District, Caltrans A.\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 23 Environmental Planning and the County of Ventura (Air Pollution Control District, Public Works Agency, Environmental Health, and the Planning Department) , Caltrans, and the Department of Fish and Game. Conditions of approval and comments from the various reviewing bodies have been incorporated into this report and added as Conditions of Approval for these projects. VII. ENVIRONMENTAL DOCUMENT An Subsequent Environmental Impact Report was prepared for the Amended Carlsberg Specific Plan which has been certified by the City Council on September 7, 1994. The Tentative Tract Maps as proposed are exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, because these subdivisions are consistent with the Amended Carlsberg Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980 (Section 65457 of the Government Code) . Potential environmental issues requiring mitigation have been incorporated into the conditions of approval for the projects. The mitigation measures will be enforced through implementation of the Mitigation Monitoring Program prepared for the Amended Specific Plan. Prepared By: Approved By: ,i6G a_> ,z/JW Paul Porter Nelson Miller Senior Planner Director of Community Development A:\REPORT.PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 24 Exhibits 1. Findings 2. Draft Resolution with Conditions of Approval for Tentative Tract Map No. 4975, 4976, 4977 and 4980 3. Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 4. Amended Specific Plan showing Tract Map areas 5. Open Space and Recreation Plan (Exhibit 8 of Amended Specific Plan) and Revised Open Space and Recreation Plan dated 9/7/96 A:\REPORT. PC Tentative Tract Map Nos 4975, 76. 77 and 80 Page 25 FINDINGS AND GENERAL PLAN GOALS AND POLICIES If the Planning Commission chooses to recommend to the City Council approval of the aforementioned projects , the following findings may be used. 1. Determine that the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the use of the Subsequent EIR. 2. In order to reduce the adverse impacts of these projects , mitigation measures discussed in the Subsequent Environmental Impact Report, Amended Carlsberg Specific Plan prepared for the Amended Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed projects . Subdivision_ Bp Act Sindings Based on the information set forth above, it is determined that the Tentative Parcel Map, with imposition of the attached conditions , meets the requirements of the Government Code Sections 66473 5, 66474, 66474 6, and 66478. 1 et_seq. , in that. 1 The proposed maps are consistent with the applicable general and specific plans . 2. That the design and improvements of the proposed subdivisions are consistent with the applicable general and specific plans . 3 The site is physically suitable for the type of development proposed. Exhibit 1 A:\REPORT. PC Tentative Tract Map Nos. 4975, 76, 77 and 80 Page 26 4. The design of the subdivisions and the proposed improvements are not likely to cause substantial environmental damage. 5. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems. 6. The design of the subdivisions and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivisions. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. A:\REPORT.PC RESOLUTION NO. PC-96- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR TENTATIVE TRACT MAP NOS. 4975,4976,4977 AND 4980 ON THE APPLICATION OF C.T. FINANCIAL (ASSESSOR PARCEL NOS. 500-35-15, 500-35-33, 512-15-60, and 513-05-11, 500-35-034 and 500-35-041) Whereas, at a duly noticed public hearing on August 12, 1996, the Planning Commission considered the application filed by C.T. Financial requesting approval of the following: The proposed Tentative Tract Maps are for small lot subdivisions which correspond to the approved residential land use designations of the Amended Carlsberg Specific Plan. 1. Tentative Tract Map No.4975 which is a subdivision of Area A (3.7 U.P.G.A. )of the Specific Plan and contains a total of 145 residential lots and approximately 70.3 acres of Open Space. 2. Tentative Tract Map No. 4976 is the subdivision of Area C (5 U. P.G.A. ) of the Specific Plan and contains 160 residential lots , a 6.5 acre park and approximately 43.7 acres of open space. 3. Tentative Tract Map No. 4977 is the subdivision of Area D (3 U. P.G.A. ) of the Specific Plan and contains 109 residential lots and approximately 20.4 acres of open space. 4. Tentative Tract Map 4980 is the subdivision of Area B (3 U. P.G A. ) of the Specific Plan and contains 138 residential lots and approximately 43.6 acres of open space and a 9.5 acre Nature Preserve. Whereas, the Planning Commission after review and consideration of the information contained in the staff report dated August 12, 1996, 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 A 1PC RES 1 EXHIBIT 2 environmental effects of these proposed subdivisions are sufficiently similar to warrant the use of the Subsequent EIR, and has reached its decision on this matter; and Whereas, at its meeting of August 12, 1996, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: California Environmental Quality Act Findings 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the use of the Subsequent EIR. 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Subsequent Environmental Impact Report, Amended Carlsberg Specific Plan prepared for the Amended Carlsberg Specific Plan as well as the Settlement Agreement have been incorporated into the proposed projects. Subdivision Map Act Findings 1. The proposed maps are consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivisions are consistent with the applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivisions and the proposed improvements are not likely to cause substantial environmental damage. 5. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems. A 1 PC RES 2 6. The design of the subdivisions and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivisions. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sea. SECTION 2. The Planning Commission does hereby find that the aforementioned projects are consistent with the City's General Plan and the Amended Carlsberg Specific Plan. SECTION 3. That the Planning Commission hereby recommends to the City Council conditional approval of Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 on the application of C.T. Financial subject to compliance with all of the conditions in Attachment No. 1. 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XHIB I -- _ . gra 1L_ � I • .x —� _ , o w1w(a,/r,E .54a,OC.c Y;more..017,OM c r c $. ..-t•__1._.,._ OWNER SUBDIVIDER Y ENGINEER .a GM.,TO TRACT„]tI ._.._� ' spa a� --,ry• - ,'- .� r`' •�� .1�' - s\ y`1 ''''''43 STATISTICAL SUMMA• RY •' �r • ,`` . : ` •' w ✓ •ti i N I '4. �♦ \b` nt r 's �.,: NEIGHBORHOOD PARK OVERVIEW TRAIL ACCESS AT END OF RESIDENTIAL STREET ; ,�,.�_ i ,5 y. r, -mss i 1_ I -- ---- , __ -, --- _ p p Arfres-,4,.,,,,,,„/"."01,--,, tp.wyolsr )10 -- \ is------..,',, .'.•1--7:-.,-, '` f / Via'..v'yQ4;etri, lie,a, G,• f„ A 1 1 v X�, �,y• ,I I ' `\ -f. �"'• L��1.01e1•i:',y• ,. t��.Pr lq4-, ,.. `fir;' I,'. J�\,\c•:3'- - , 61r \r !`,. ;, a. -' � iAt''°t r 1 ay r LEGEND •ti+_••1 •�. 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TRAIT DTII 17ES NATURAL • • -------Ir6' DRAINAGE COURSE r. — — — TRAIL ACCESS AT SPRING ROAD DECOMPOSED GRANITE TRAIL, SLOPED TO DRAIN EXCELLENT TERRITORIAL VIEWS REDWOOD HEADER BOARD-y 01=TIERRA REJADA GREENBELT CONTINUOUS EACH SIDE \ _ _ uGu I> ''=a=n.=laii ;._q=ice*,-I" �f TYPICAL HIKING TRAIL DETAIL OPEN SPACE AND RECREATION PLAN EXHIBIT 8 CARLSBERG SPECIFIC PLAN EXHIBIT 5 CITY OF MOORPARK (REVISED 9%7/9$ IJLIGI IBUHHUUD PARK OVERVIEW TRAIL ACCESS AT END OF RESIDENTIAL STREET „wort i ...,,,...,,,...:;„.. • .4,--.,-..,,s. r-L-..7-,._7:;:v .. Api; AuririVir... .11-1-1' ',, i:, , ' . --- . ' / ' 41..41'4,;(° 'Afeitt A'7,7? f \,_T '' ..-17,.7.7:\'— ,,. ' . _•. 1 tygeititk.e,144'4V I.V..1'1 Z /1") • • ?;.:. ',"„ /;:( ‘-.,"'"`;-- I ', -.3 '---.--- - 'I-'•••• ..4 . q,-;! .0.,;,v.,...efitg>0.Ar st I.. , .*$ _,,,.._ 6' ,-:..„•,,..,-; , _\,,., ;. ,:-...,e,, i s-. i ---,....1_- 4: + _( _ ,r • i•-94••��•'i1!"J''� 11F,'r�7~ _^"'��,6_ a1i it `H i �� ' LEGEND �Y '��%lA.. dB.94,/:.-6"41, •l 1,- � `,4449 • 1I'' � \ ..� ,'yg- OtI ,�y! ��? �"'��rG �.-.' _„®j ``v w ' � •i .- El HIKING TRAIL(SEE DETAIL) • \ ,W +i.�4'��•1� ti . N•+�.iE,C f . �-.-' .''VA,447 "t }\t 4 !. . '� .„5,, " fe.$4.7,11 _ •1j40e`° ,j�'� `- ;S -70,4\70.0- 7�tS °450 . 't(It{'\`` , . . t. VISTA POINT y4,„t ,„,,/,f,.. � ' ' y H' ]` ct„ i,/ 39 ' 4.."',' ':' ' i l ti Ill 1:4. .. , , - :::::::: Alb di , : 't�, i { � �+ni• X , y moi+ -� i �� • i .\{ I - :.•.•::� �t \„„ a/ 3�S t 1 . • t•� t „ ,ti fAt� -,.4',.::!.'('''sI .r•, 1',` t,t:�s,, �•,I J ?-�� )";I F ��j NATURAL OPEN SPACE / ��9� �/R \ f y n Js ? /,g;-_,-. I O I PARK ENTRY POINT i f :% ..:!:',.; -:4-% J.�EI . - ;• <- - --7,1: e :',,:'.. ,-;71N-717 ,_. . , _.,,,. ‘ -:',--)4..,l'',...'Xi',.. .,.,1§,---L',,‘;‘;':%;'*-4T.:1•;.:I'.; 5..)1;1:i S . •.,- , .. .fr, _,,,, .„„,,,,,. i "tio..1 ''''',..-- :''..,::,:'...-,,,;”'Ari.'.'' .j ,' .,';'' .-.,..;4. 4;),, • `J / 4çjI r,., �0�� TRAIL UTILIZES NATURAL (— s DRAINAGE COURSE TRAIL ACCESS AT SPRING ROAD DECOMPOSED GRANITE TRAIL, SLOPED TO DRAIN EXCELLENT TERRITORIAL VIEWS REDWOOD HEADER BOARD OF TIERRA REJADA GREENBELT CONTINUOUS EACH SIDE • IC 3I�d TYPICAL HIKING TRAIL DETAIL OPEN SPACE AND RECREATION PLAN EXHIBIT 8 CARLSBERG SPECIFIC PLAN CITY OF MOORPARK (REVISED 9l7FJ4) 88'08'96 16:22 Z 3104505313 CARLSBERG FIN. 02 August 7, 1996 Members of the Planning Commission City of Moorpark 799 Moorpark Avenue Moorpark, Ca 93021 Dear Commissioner: We offer the following comments on certain proposed Map Conditions for Tentative Tracts 4975, 4976, 4977 and 4980 as we have been unable to resolve said issues with Staff. Rather than repeat the comments on each map, Exhibit "A" attached hereto cross references the conditions for tract 4975 with the comparable condition in each of the other maps: Tract 4975 Comment Condition # 3 . This Condition needs to state that variable setbacks may be less than, but not greater than those specified in the approved Specific Plan Design Guidelines and the City's Zoning Ordinance 195, Article 19 . 5 . The Requirement for Private Recreation Area(s) should be deleted. This condition is inappropriate and violates the intent and spirit of Settlement Agreement, paragraph 5.b. (2 ) and California Governmental Code Section 66477 . Please refer to Exhibit "B" attached hereto for a legal opinion prepared by the law firm of Sandler and Rosen. 6. & 101 . Delete reference to "hiking trails" and "parkway landscaping" to be maintained by a Homeowners Association. The hiking trails are required to be offered for dedication to the City Moorpark and are in the opinion of the Owners for the benefit of the general public. As such, the trail system should be maintained at the expense of the City through Parks and Recreation fund. All parkways will be within dedicated street right-of-way or easements granted to the City. Accordingly, parkways should be maintained by the City and funded by a zone of benefit 2800 Twenty-Eighth Street,Suite 200 Santa Monica.California 90405 (310)450-9700 FAX(310)450-5313 AUG 08 '96 16 21 3104505313 PAGE.02 08/07/96 16:31 Z 3104505313 CARLSBERG FIN. 03 4 Tract 4975 Comment Condition # assessment within the City's Landscape and Maintenance District. 100 . The wording "the first" should be changed to "each" . This payment method was agreed to by the City and is a provision of the Settlement Agreement, paragraph 5.b. (5) 118. Delete this condition as all traffic impacts have been identified in the SEIR and appropriate mitigation measures and/or fees have been provided. The above comments are based on draft conditions discussed with Staff on July 31, 1996. Certain revisions were proposed by Owner's representatives which may or may not be reflected in the draft received by the Commissioners . Accordingly, Owners reserves the right make additional comments as may come to their attention in the course of the public hearings . Yours truly, C. T. FINANCIAL Ronald S. Tankersle Enclosures AUG 0? '96 16:29 , • 08/07/96 16:32 Z 3104505313 CARLSBERG FIN. • 04 EXHIBIT A CROSS REFERENCE TABLE - MAP CONDITIONS NOS . TENTATIVE TRACTS 4975 4976 4977 4978 Condition 3 3 3 3 Condition 5 5 5 5 Condition 6 6 6 6 Condition 101 90 96 90 Condition 100 98 91 94 Condition 118 115 115 101 AUG 07 '96 16:30 • 08/07/96 1632 Z 3104595313 CARLSBERG FIN. 05 EXHIBIT B SANDLER AND ROSEN Page 1 of 3 AYMOND ANDLCM COUNSELLORS AT LAW 1!...w DIEGO OFCIGE R ... S CHARLES L. RIME SUITE SIO GATEWAY WEST • CENTURY CITY 701 B STREET. 10TH FLOOR STEVEN E. LEVY SAN DIEGO CALIFORNIA q2iCti 1001 AV0NUC OF TrIE zTA11.5 V/ILLIAM F. TISCHMID) 231-0340 CRAIG C. EIMERFACSIMILE (6101 231-8752 MINC-CHU C. ROUSE LOS ANGELES, CALIFORNIA 90067 VACINIA A. JOHNSON (310) 277-4411 OR (213) 8704181 !VAR E. LEETMA DONALD C. MILLER FAcsImme (310) 277-5V54 RICHARD V. SANDLER August 7, 1996 OUR. FILE NUMBER: NELSON ROSEN (14110-(085) 69C-1 .21 Mr. Steve Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: , 17 . ' . 9 - r - eational Fpcilitiew Dear Mr. Kueny: This office repreeento Conejo Freeway Propertioa, Ltd. and Simi-Moorpark Freeway Properties, Ltd. (the "Owners") . In such capacity, we have been asked to comment upon the proposal made by the staff of the City of Moorpark (the "City") to impose conditions on tentative subdivision maps for residontial areas described in the Carlsberg Specific Plan for the City of Moorpark dated September 7, 1994 (the "Specific Plan") requiring certain private recreational facilities in addition to the public recreational facilities provided for in the Settlement Agreement dated September 7 , 1994 , by and among the Owners and the City (the "Settlement Agreement") . Based on our review of the Specific Plan and the Settlement Agreement and our consideration of applicable law, we believe that the City is precluded from requiring private recreational facilities in addition to the public recreational facilities set forth in the Settlement Agreement . First of all, we believe the City would be barred from Buell action because it did not inform the Owners of such requirement during negotiations regarding the Settlement Agreement, which already provides for extensive public recreational improvemente which exceed the statutory requirements. By adding such imposition after the fact, the Owners would not receive any credit against their public improvement requirements as provided by law. Furthermore, California Government Code §66477 (i) preempts any City requirement for more recreational facilities (public or private) than required under g66477 . As you know, the Settlement Agreement requires the Owners to provide a total of 15 . b acres (a 9-acre nature pref.:Terve and a 6 . 5- acre park site) for a maximum of 552 dwelling units. The Owners are also required to improve the 6 . 5-acre park with ballparks, tennis courts, etc . and provide maintenance funds for one year. The Vr...7MC,314 RU5 a7 '96 16:31 08/07/96 1633 3104505313 CARLSBERG FIN. 06 EXHIBIT B Page 2 of 3 August , 1996 Page 2 Settlement Agreement states that these requirements satisfy the "Quimby" requirements set forth in California Government Code 566477 et seq. for the proposed 552 units. Neither the Settlement Agreement nor the specific Plan requires private recreational facilities; instead, the Specific Plan merely lists such facilities as "accessory uses" which would be allowed under the zoning regulations for the residential areas, if desired by the Owners. Under §66477, a local agency is authorized to require land or fees to provide three acres of park area per 1, 000 persons, with the number of persons determined by the average on the federal census. (Up to 5 acres per 1, 000 persons may be required if there is a greater ratio of existing community park arra. ) Section 66477 (i) , however, requires that a credit be given against the foregoing for the value of any private recreaLional facilities; provided. It is clear that no credit was given for private recreational facilities in the Settlement Agreement because the public facilities required exceed the maximum Quimby allowance (i .e. , 16.5 acres exceeds the aforesaid formula for a development of 552 units) . Because Quimby requires credit to be given for private recreational faoilitiee, and because the Settlement Agreement addresses the Quimby requirement, it seems apparent that the parties intended for the city' s requirements fus. private and public facilities to be met by the Settlement Agreement. Otherwise, it was incumbent upon the City to raise the issue of private recreational facilities during the negotiations so that the required credit would be given. secondly, we believe that §66477 (i) preempts any local ordinance which requires private recreational facilities in addition to the maximum public facilities which may be required under 566477. A local ordinance is preempted by state law if it conflicts with a statute. A conflict exists if the ordinance duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication. Morellart v. County of Santa Barbara, 7 ca1, 4th 725 (1994) . A requirement for private recreational facilities here, where public facilities are already required, would conflict with the intention of N66477(i) to limit the aggregate recreational facilities (public and/or private) that can be required by local ordinance. As stated above, §66477 (i) requires a credit against public facilities for the value of "private open space within the development which is usable for active recreational uses . " Thie credit requirement indicates that the LegislaLure intended to prevent a local authority from double-dipping (i .e . , from requiring Lhe maximum amount of public park land and also requiring private recreational facilities) . The exactions in the Settlement Agreement vxmic.314 AUG 07 '96 16:31 • 100,10(/70 lb:.34 ... E 4104505313 CARLSBERG FIN. 07 EXHIBIT B Page 3 of 3 August , 1996 Page 3 already exceed the maximum allowed under §66477. A requirement for private facilities on top of these exactions would be double dipping. Finally, we believe the City cannot show a rational relationship between a requirement for additional recreational facilities and a legitimate governmental interest. Design requirements are valid only if they are reasonably related to a legitimate governmental interest, The City's legitimate governmental interest, regarding recreation is already met by the public facilities required in the Settlement Agreement. Please contact me if you have any queetiony. Very truly yours, STEVEN E. LEVY of SANDLER AND ROSEN VAJ/mc cc: Mr. Ronald S. Tankersley Mr. Paul J. Giuntini Virginia A. Johnson, Esq. V.A.311C.314 RUG 07 '96 16:32 3104505313 PDGF c2 Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 1 MEMORANDUM TO: The Planning Commission FROM: Paul: P6ter, Senior Planneet, DATE: August 12, 1996 (PC meeting of August 12, 1996) SUBJECT: RESPONSE TO COMMENTS RECEIVED BY THE PLANNING COMMISSION FROM RONALD TANKERSLEY REGARDING CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 4975, 76, 77 AND 80 Staff has received a copy of the above captioned correspondence to the Planning Commission dated August 7 , 1996 relating to the applicant' s request to have changes to the Conditions of Approval . In response, staff has previously met with the applicant regarding several proposed modifications to the conditions of approval and has made changes to the conditions which have been incorporated into the conditions that are in the packet for this item. The actual numbers of the Conditions of Approval for the applicant' s comments are different than the actual condition number expressed by the applicant because the applicant was working from a draft set of conditions . Any proposed changes to Tentative Tract Map No. 4975 would also be applicable to the same condition language in Tract Map Nos . 4976 , 4977 and 4980 . Staff proposes no other changes to the conditions at this time and has the following responses to the applicant' s letter of August 7, 1996 : CONDITION NO. 3 Satbacka_forReai• - • D . 410 -e 01, 1- 11 Permit 3 . The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences . A: \8AUG96 .MEM Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 2 Applican_tCompaat This condition needs to state that variable setbacks may be less than, but no greater than those specified in the approved Specific Plan Design Guidelines and the City' s Zoning Ordinance 195, Article 19 . t - es. e The setbacks as specified in the Amended Specific Plan are minimum setbacks and as such can not be reduced to less than the minimum required. The Specific Plan also requires that setbacks of residences shall vary so as to provide visual diversity along the street frontages (Exhibit No. 2 - Page 33 Architectural Design Standards from the Specific Plan) . As such, in some cases the setbacks will be greater than the minimum required, but in no case should the setbacks be less than the minimum setback requirement . CONDITION NO. 5 Recpairement_for Private 5 . As part of a approval of a Residential Planned Development Permit, the developer shall provide a private recreational area consisting, but not limited to a pool, spa, tot lot and recreational building. The subdivider shall provide a lot centrally located and on a corner to be reserved for a future recreational area . AppOjcant' s_Comment The requirement for Private Recreation Area (s) should be deleted. This condition is inappropriate and violates the intent and spirit of the Settlement Agreement, paragraph 5 .b. (2) and California Government Code Section 66477 . m 00 •" Please refer to pages 9 and 10 of the staff report which addresses this issue . In order to be consistent with other recently approved residential projects within the City, staff recommends that each tract should provide a lot to be reserved for use as a private A: \8AUG96 .MEM Tentative Tract Map Nos . 4975 , 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 3 recreational facility to include amenities such as a pool, spa, tot lot and recreational building. Requirements for private recreational facilities is a standard requirement for Planned Residential Development Permits within the City of Moorpark. This is specifically recognized and referenced in Section 4A (Exhibit No. 3 - Page 48 of the Amended Specific Plan) . This section indicates that certain development standards were not incIudea, in the Amended Specific Plan, specifically including "private recreational areas" for residential projects . The same paragraph states that "The City may at its discretion, condition any subdivisions and/or development permit on all such matters" . Therefore, this was clearly envisioned as part of the conditions for subsequent development permits. Both Section 8297-4 . 5 of the City' s adopted Subdivision Ordinance and Section 66477 of the Subdivision Map Act specifically address potential credits of private open space for active recreational purposes . Both of these sections are permissive, in that the City may allow for credits, but is not required to do so. In this case, the Amended Specific Plan already discusses imposition of conditions for private recreational areas, which would be in addition to the public park and nature reserve . CDNDITIDILN_Q-6AND95 Covenants, \Conditians_and_Restriations. 6 . covenants, Conditions and Restrictions (CC&R' s) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R' s shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots , parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities . The draft CC&R' s shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the final map by the City Council and the subdivider shall be A: \BAUG96 .MEM Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 4 required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R' s submitted for City review. Prior to the sale of any lots, the CC&R' s shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R' s . The Homeowners' Associations may modify the CC&R' s only to the extent that they do not conflict wiCh-:the terms of approval of the Tentative Tract Map or approved Residential Planned Development Permit . Sixty (60) days notice must be given to the City of the intent to modify CC&R' s. Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R' s . 96 . The final map shall indicate the location of all trail easements . The minimum widths of said easements shall be a minimum of 12 feet wide . The trails easements shall be offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements . Once the trails have been built, the developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years . After that time, the owners ' association, maintenance district, or similar entity shall be responsible for maintaining the trails . Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. Applicant_L_Commant, The applicant has requested a deletion to the reference to "hiking trails" and "parkway landscaping" to be maintained by a Homeowners Association. The hiking trails are required to be offered for dedication to the City and are in the opinion of the owners for the benefit of the general public . As such, the trail system should be maintained at the expense of the City through Parks and Recreation fund. All parkways will be within dedicated street right-of-way or easements granted to the City. Accordingly, parkways should be maintained by the City and funded by a zone of benefit assessment A: \8AUG96 .MEM Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 5 within the City' s Landscape and Maintenance District . Staff Response Hiking trails are within open space areas of the various projects and should be addressed regarding obligations in those areas . The City may include them within a zone of benefit within an assessment district which would typically accrue to the local area of the development . TAip may be better addressed by a Homeowner' s Association or Master Homeowners Association, which also has responsibilities for the open space areas . Condition No. 96 leaves open the possibilities for maintenance of these areas, subject to City approval . Parkways are typically the obligation of the adjoining property owner to maintain. The CC&R' s should address the responsibility and the Homeowner' s Association needs to be responsible for those areas adjacent to common lots, and may also be responsible for front yard landscaping, as is the case in several of the Planned Developments . In this case, the Homeowner' s Association needs to be responsible for all parkways . CGMDITION_NO. 95 95 . Prior to the issuance of a the first building permit for any residential , unit within Tract 4975, the 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 . (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) A: \BAUG96 .MEM Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 6 ' . ant. The applicant indicates that the wording "the first" should be changed to "each" . This payment method was agreed to by the City and is a provision of the Settlement Agreement, paragraph 5 .b. (5) . Etsaff__Raspons_e 1‘, Staff agrees that this condition can be changes from "the first" to "each" . CONDITION_NO-113 113 . The applicant shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development . Applicant ' s Comment The applicant has requested that this condition be deleted as all traffic impacts have been identified in the Environmental Impact Report and appropriate mitigation measures and/or fees have been provided. t - CaUS_e The City Engineer has historically placed this standard condition requiring that the applicant execute a covenant on the land for traffic mitigation on all projects . This allows for a means to address future potential impacts related to this development, not anticipated by the Subsequent Environmental Impact Report . A: \8AUG96 .MEM Tentative Tract Map Nos . 4975, 4976, 4977 and 4980 Planning Commission meeting of August 8, 1996 Page 7 Exhibits : 1 . Letter from Applicant to Planning Commission dated August 7, 1996 2 . Page No. 33 of the Amended Specific Plan 3 . Page No. 48 of the Specific Plan A: \BAUG96 .MEM 00/08/96 16:22 3104505313 CARLSBERG FIN. 02 August 7, 1996 Members of the Planning Commission City of Moorpark 799 Moorpark Avenue Moorpark, Ca 93021 Dear Commissioner: We offer the following comments on certain proposed Map Conditions for- Tentative Tracts 4975, 4976, 4977 and 4980 as we have been unable to resolve said issues with Staff . Rather than repeat the comments on each map, Exhibit "A" attached hereto cross references the conditions for tract 4975 with the comparable condition in each of the other maps : Tract 4975 Comment Condition ft 3 . This Condition needs to state that variable setbacks may be less than, but not greater than those specified in the approved Specific Plan Design Guidelines and the City ' s Zoning Ordinance 195, Article 19 . 5 . The Requirement for Private Recreation Area(s) should be deleted. This condition is inappropriate and violates the intent and spirit of Settlement Agreement, paragraph 5 .b. (2) and California Governmental Code Section 66477 . Please refer to Exhibit "B" attached hereto for a legal opinion prepared by the law firm of Sandler and Rosen . 6 . & 101 . Delete reference to "hiking trails" and "parkway landscaping" to be maintained by a Homeowners Association. The hiking trails are required to be offered for dedication to the City Moorpark and are in the opinion of the Owners for the benefit of the general public . As such, the trail system should be maintained at the expense of the City through Parka and Recreation fund. All parkways will be within dedicated street right-of-way or easements granted to the City. Accordingly, parkways should be maintained by the City and funded by a zone of benefit 2800 Twenty-Eighth Street,Suite 200 Santo Monica Ce'timid 93405 (310)450-9700 FAX(31C)4!);)•53 t 3 EXHIBIT 1 AUG 08 '98 Ir.• 08t07,96 16:31 3104505313 CPRLSBERG F114 03 Tract 4975 Comment Condition # assessment within the City's Landscape and Maintenance District. 100 . The wording "the first" should be changed to 'each" . This payment method was agreed to by the City and is a provision of the Settlement Agreement, paragraph 5 .b. (5) 118. Delete this condition as all traffic impacts have been identified in the SEIR and appropriate mitigation measures and/or fees have been provided. The above comments are based on draft conditions discussed with Staff on July 31, 1996. Certain revisions were proposed by Owner's representatives which may or may not be reflected in the draft received by the Commissioners . Accordingly, Owners reserves the right make additional comments as may come to their attention in the course of the public hearings . Yours truly, C. T. FINANCIAL I- * e> Ronald S . Tankersle 410 Enclosures , . . • 00/07/96 16:32 Z 3104505313 CARLSBERG FIN. 04 EXHIBIT A CROSS REFERENCE TABLE - MAP CONDITIONS NOS. TENTATIVE TRACTS 4975 4976 4977 4978 Conditidn 3 3 3 3 Condition 5 5 5 5 Condition 6 6 6 6 Condition 101 90 96 90 Condition 100 98 91 94 Condition 118 115 115 101 — ._ • to be visible from any point along Spring Road. Two story homes may be allowed if the set back from top-of-slope is increased to a point where the two-story houses will exhibit the same profile as the one- story houses as seen from Spring Road. The caveat to this condition is that the amount of grading of the Spring Road slope may not be increased in order to accomplish the larger setback. In addition to the Specific Plan Development Standards, there are several guidelines which will work to enhance the on- and off-site visual quality unique to these homes . 1) Building Forir 'and Massing Building form and massing are the most prominent design feature perceived of a project. Subtle variations are strongly encouraged and include: 4 Variation of front and rear yard setbacks to further enhanc the streetscape variations in setbacks shall be great enough to �_ be obvious as viewed from a distance. • ,. ''''...., , 4LOW PITCHED TILE ROOF ., ,� �. OVERHANGING EAVES f L.:. z,,,':' ,'.1. `�� M,a (24" Min.) 9y «. •—wt---,. SHELTERED MAIN ENTRIES hiaakikkaiiiiiikarwitrlI *!,, ;' VARIED ELEVATIONAL Y1 > SETBACKS ; IV. DEVELOPMENT STANDARDS A. PURPOSE AND INTENT The purpose of these regulations is to act as the controlling mechanism of the implementation of development within the Carlsberg Specific Plan Area. Implementation of the standards set forth in this section will ensure that future development proceeds in a coordinated manner consistent with the goals and policies of the Carlsberg Specific Plan and the City of Moorpark General Plan . Future review of site plans and other necessary discretionary approvals by the City of Moorpark will ensure the realization of these standards . The following standards apply to development of all residential, business park, commercial, institutional and open space areas . All such development shall conform to the development standards as set forth in the Specific Plan for the permitted uses . It is recognized that certain development standards generally included as conditions of approval on development permit approvals may not be contained in this Section IV of the Carlsberg Specific Plan or the City's existing Zoning Ordinance or Subdivision Ordinance. Such items include but are not limited to: on-site lighting standards; fixtures , lumin levels , coverage mounting and pole height; street lighting standards; front yard landscaping; bus shelters; private recreational areas for residential projects; quantities and sizing of trees and shr-d5s; general review/approval of landscaping and irrigation plans; review and approval of conditions, covenants and restrictions; requirements for homeown- 11111 er/property associations; wall and fence style, location and height; rain gutters; yard drains; trash and recycling enclosures ; slough wall for slopes adjacent to street rights-of-way and concrete driveways . The City may, at its discretion, condition any subdivision and/or development permit on all such matters . The City zoning ordinance and/or subdivision ordinance shall have effect on all areas, except as specified by the standards contained herein. As the development standards of the Specific Plan are adopted by ordinance, in any areas of conflict between the City ' s zoning ordinance and/or subdivision ordinance and these provisions , this Specific Plan shall control . Where the Specific Plan does not 1111 address development standards or provisions , the City' s zoning ordinance and/or subdivision ordinance shall control . Any future amendments to the City zoning ordinance and/or subdivision ordinance which are not addressed by the Specific Plan or existing 1111 Zoning and/or Subdivision Ordinance shall also apply to the Specific Plan Area as applicable . B. GENERAL PROVISIONS 1 . Terms used in these regulations shall have the same definitions as given in the City of Moorpark Zoning Code unless otherwise defined herein . Because it is infeasi- ble to compose language eT which encompasses all conceivable • 48 �I ►a , IDD (11-(;) Tentative Tract Map No. 4975 Conditions : 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. THE TERMS; OWNER, APPLICANT, DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS . GENERAL REQUIREMENTS: Severabil±ty0ther Regulations 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. Requirement for Recordation of Tentative Tract Map No. 4974 and Completion of Conditions of Approval for Approved Residential Planned Development Permit 2 . This Tentative Map shall not record until : 1� A) Tentative Tract Map No. 4974 records; 2+ B) A Residential Planned Development Permit is approved; and 3)- C) The Prior to Issuance of Zoning Clearance conditions of approval of the Residential Planned Development Permit have been completed. Setbacks for Residential Planned Development Permit 3 . The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences . A criteria for this is that there shall be a minimum of three feet variation in front setback between adjacent lots, with no more than two adjacent lots having the same front setback. A: \CND4975 . 1 1 4 . Pursuant to the Settlement Agreement and Mutual Release, all - ... •. - - . - 1 - • -• Specific Plan shall be subject to the provisions of Measure F, - . -. e . . - -. - . • • Resolution Nos . 87-421 and 88-522 (the "Implementation Resolutions" ) , not withstanding that the Residential D- . - .. - - -- - - - . - .. -. e, - - . -. -_ - . - no longer be in effect and to the exclusion of any—otier , , - .. ' . ' . .- s that ' - . -. - ' . . - •uildable lots that may be developed for residential purposes . —� — u— , • • - ; — — •s S — . 5 . As part of a approval of a Residential Planned Development Permit, the developer shall provide a private recreational area consisting, but not limited to a pool, spa, tot lot and recreational building. The subdivider shall provide a lot centrally located or as otherwise determined by the City, and on a corner to be reserved for a future recreational area. Covenants, Conditions and Restrictions 6 . Covenants, Conditions and Restrictions (CC&R' s) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R' s shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities . The draft CC&R' s shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the final map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R' s submitted for City review. Prior to the sale of any lots, the CC&R' s shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R' s . The Homeowners' Associations A: \CND4975 . 1 2 may modify the CC&R' s only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map or approved Residential Planned Development Permit . Sixty (60) days notice must be given to the City of the intent to modify CC&R' s . Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R' s . Dedication of Park 7 . Prior to occupancy of the 227th dwelling unit within the Carlsberg Specific Planning area, the developer shall dedicate an improved park to the City. The park shall be improved and available (open) to the public as described in the Settlement Agreement and Mutual Release. Prior to approval of the Final Map, the developer shall post a bond or other security acceptable to the City for construction of the improved park. Changes to Map 8 . Any changes to the Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Amended Carlsberg Specific Plan Zoning Code and Subdivision Ordinance. Cable Service 9 . Television cable service shall be provided to all residential units consistent with existing cable system requirements . Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Archeological or Historical Finds 10 . If any archeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development' s written concurrence of the recommended A: \CND4975 . 1 3 disposition before resuming development . The developer shall be responsible for the costs associated with the professional investigation. Declaration of Public Nuisance 11 . The continued maintenance of the common maintenance areas shall be subject to periodic inspection of the City. The applicant, developer or responsible Homeowners' Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance or other common maintenance facilities, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval , or for some other just cause, a "public nuisance" . The Applicant/Developer, Homeowners' Association, or each individual property owner, as applicable shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes . The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance. Phasing 12 . If the map is to record in phases, it shall be recorded in phases consistent with the approved phasing plan in the Specific Plan on the Tentative Map. Acceptance of Conditions 13 . 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. Reference to Conditions on Map 14 . 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 . A: \CND4975 . 1 4 Other Agency Requirements 15 . 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 . 16 . 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. Image Conversion 17 . Prior to recordation of the Final Map and prior to first occupancy of each phase, the subdivider shall provide to the City an image conversion of building, landscape, public improvement, site plans or other required plans into an optical format acceptable to the City Clerk. Severability 18 . If any of the condition or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. Expiration of Map 19 . 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 . Zoning Ordinance Requirements 20 . 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 A: \CND4975 . 1 5 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 . No. Asbestos Materials 21 . No asbestos pipe or construction materials shall be used within this subdivision. Hold Harmless 22 . 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. A: \CND4975 . 1 6 Title Report 23 . 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. DEVELOPMENT FEE 24 . 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 wipe. -. .. _ - . -.. . . - .- . - = . : , - - 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. .. _ = G= . = .e -- . . . - . . . _ .-. e - . . w .w . = e - - . e . A 0 _ _ _ _ _ - - I . __ - - : - . - e. -. . .. - w . . - ' w usage, the Development Fee for commercial and industrial uses .- .. ' ■ -. . ' , ' - ._ . . - . w w .■ .- . . - - : - - _ ..e■ • _ . - w . .w . - - - .-- A , ' , excluding the monthly indexing. The acreage shall be .: w . - , e = . . _. ._ w ., in this paragraph, which is in effect on the Adjustment Date. building permit is issued fur any commercial or industrial A: \CND4975 . 1 7 (previously 4785) or a subdivision Map that is recorded in lieu of the Tentat±ve Tract Map 4973 (previously 4785) (collectively the Initial Map) or the date upon which the . .. . . . . . ' . - - • : - . - . . - 6 - - - . - - - ' - - - . -. -. . . - - . , . - .. - . , - increased by the monthly indexing, shall be paid in full to the City no later than the tenth (lOth) anniversary of the . . - . - ' - - .. ' . .- . - - . . - . . industrial use within the boundaries of the Subsequent Map, shall be so conditioned. (SA-5&6) Grading 25 . 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 dispense with this condition. 26 . 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. 27 . Landform and grading design shall be consistent with the City of Moorpark grading standards in effect on September 7, 1994 . 28 . 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 . 29 . Planned structures, roadways, paths, vegetation, irrigation and continuing maintenance programs shall be used to stabilize manufactured slopes . 30 . Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to A: \CND4975 . 1 8 screen structures and to soften the visual appearance of the graded slope . 31 . Grading shall emphasize scenic vistas to the open space areas. 32 . Coirerete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural . - - - . - . _ .- . -. . - - , . . . . ♦ . Landscaping Cactus Wren Presexmat on 33 . Prior to the approval of a grading plan, initiation of rough grading, or approval of the Final Map, a proposed Habitat Restoration Plan shall be prepared by a qualified native plant ecologist, or other qualified professional to reduce the impacts to the cactus wren. This plan shall be reviewed and approved the City prior to grading. 34 . 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. The landscaped freeway buffer as shown on Exhibit No. 16 of the Amended Specific Plan shall be incorporated into the design of the residential development and be incorporated into the landscape plans. a. The completion of all landscaping for each phase shall be completed prior to the issuance of a Occupancy Permit for the first unit of the phase, unless otherwise modified by the Director of Community Development and consistent with this intent . b. Prior to issuance of any Occupancy permit, the proportional share of the required 600 additional 15 gallon trees for mitigation of the removed Oak trees shall be planted as shown on the approved landscape plan. The location of the trees shall be spread throughout the project area and shall not block horizon views from A: \CND4975 . 1 9 proposed residential units. The final location of the trees shall be determined as part of the approval of the Landscape Plan. The Homeowners' Association shall be responsible for maintenance of the trees . c . 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. d. 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. e. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. f . 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 . g. 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 . h. 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. i . 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 . A: \CND4975 . 1 10 j . 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. k. 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 an owners ' association, maintenance district, or similar entity accepts the responsibility. 1 . Prior to Homeowners ' 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. m. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level . n. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City' s sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans . If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right A: \CND4975 . 1 11 to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District . The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including required g the cost of converting irrigation systems or other work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC&R' s shall also include all Conditions of Approval as well as the design guidelines as specified in the Carlsberg Specific Plan. The median on Tierra Rejada Road and Science Drive shall be maintained by a Citywide Assessment District while the parkways and entryways on all arterial and collector streets as determined by the City shall be maintained by an area wide Assessment District or homeowners' association. Easements shall also be provided to create a minimum of five (5) feet between the sidewalk and any fence or wall along, the side or rear lot lines along the tract entries from Science Drive. o. The use of native and/or drought-tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities . p. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. q. Prior to recordation, the final parcel map shall indicate all landscape planting and maintenance easements . Said easement shall encompass all man-made slopes adjacent to said lots . r. The landscape plan shall contain plans and specifications including irrigation for the additional trees to be A: \CND4975 . 1 12 planted in the open space areas as required in the Amended Specific Plan. t • - , ; - .l -_„ - - Calleguas Release 35 . 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 . Unconditional Availability Letter 36 . 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. Cross Connection Control Devices 37 . 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 . Utility Bond 38 . 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 A: \CND4975 . 1 13 the nearest off-site utility pole with the exception of 66 KVA or larger power lines . All above grade utility fixtures shall be placed adjacent to landscaped areas and shall be screened on three sides . The subdivider shall indicate in writing how this condition will be satisfied. Fees, Contributions and Deposits Condition Compliance Deposit 39 . Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. Payment of Outstanding Costs 40 . Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs . Lighting 41 . 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) Seasonal Vernal '''Pool 42 . When water is present in the seasonal vernal pool, it shall not be artificially drained or otherwise subjected to disturbance. Biological methods for mosquito control shall be utilized, including introduction of mosquito fish or the use of Bacillus Thuringiensis/israelensis (bt) . This shall be completed to the satisfaction of the Director of Community Development . The Homeowners' Association shall be responsible for implementation of all EIR measures relating to maintenance of the vernal pool area. Citywide Mitigation Fee 43 . 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, Developer shall pay City a mitigation fee (the "Mitigation Fee" ) . The Mitigation Fee shall be Two Thousand Dollars ($2 , 000) per residential unit . A: \CND4975 . 1 14 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) The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Developers 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, Developers shall make a written request of City that they decide whether or not to make the election, and City shall notify Developers of their decision within thirty (30) days after receipt of the request . (SA-8) The Mitigation Fee, if collected, may be expended by City in their sole and unfettered discretion; provided, however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps/Tierra Rejada Road only) , TC14 (cost of signal installation or modification at State Route 23 southbound ramps/Tierra Rejada Road only) and TC17 . (SA-8) Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the SEIR that will be installed by others but for which Developers are required to pay "fair share" amounts to A: \CND4975 . 1 15 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 Developers at their sole cost and expense, without off-set against the AOC Fee or the Mitigation Fee. The second Tierra Rejada westbound and eastbound lanes identified in the SEIR have been constructed by City (the "Widening Project") . Developers shall have no financial obligation with respect to the Widening Project except as provided in the Settlement Agreement; provided, however, Developer shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "B"of the Settlement Agreement . (SA-9) 44 . Other fees are listed under the heading "City Engineer Department Conditions . " CITY ENGINEERING CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GENERAL 45 . Tract 4974 shall have been recorded and all infrastructure improvements, required by the conditions of approval for that tract, shall be completed. 46 . All areas to be commonly maintained including Open Space Areas and all parks, as determined by the City, shall be designated as separate lettered lots Parcel A, Parcel B, etc . ) on final subdivision maps . A: \CND4975 . 1 16 47 . Grading: 48 . 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. 49 . 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) 50 . Concurrent with submittal of the rough grading plan an erosion, debris/siltation and dust control plan shall be sub- mitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes . (EIR 2-7, HY1) Interim borrow sites shall be hydroseeded within 30 of completion of grading unless an alternate schedule is assigned by the Director of Community Development . 51 . 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. • - - - - _ 90 53 . The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a California Registered Civil Engineer and Geologist . 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 A: \CND4975 . 1 17 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 will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City' s administrative and overhead costs . 54 . 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 . 55 . All exploratory trenches shall be identified on the grading plan. Specific recommendations for the recompaction of these trenches shall be made as part of the geotechnical engineers report . 56 . All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council . Tract 4975 is to be graded as one project, however, import of dirt from Tract 4977 prior to final grading is permitted. (SP- 16) 57 . 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 . 58 . 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 T) 59 . New slopes adjacent to roadways and development areas shall be graded in such a way that a contoured appearance is provided. A: \CND4975 . 1 18 Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. (SP-11 . 2 .b. ) 60 . 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. 61 . 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 . 62 . All development areas and lots shall be designed and graded 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. ) 63 . 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. ) 64 . Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines unless a A: \CND4975 . 1 19 1 homeowners ' association, slope maintenance district, or similar entity is established for maintenance of such downslopes . (SP-12 . 1 . ) 65 . Interior slopes between manufactured building pads shall be designed with up-slope property lines . (SP-13 .m. ) 66 . To further reduce direct and indirect impacts to the Orcutt grass and seasonal vernal 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) 67 . Tu redtxu-e--the-ztupau 5 dutus wren, the applicant shall offset the loss of the cactus phase of the coastal sage scrub 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 revegetation efforts will occur shall also be identified on the grading plan and provisions to protect the revegetation area shall be included within the grading plan as approved by the Director of Community Development . (EIR 2-9, B2) 68 . 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 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 oak trees . When it is determined which oak 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. A: \CND4975 . 1 20 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 . For the zone between the six foot radius from the tree trunk and the drip line 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. 69 . So as to reduce debris from entering sidewalk and streets, the A: \CND4975 . 1 21 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 70 . The storm drain system will be designed to accommodate 50-year storm flows . 71 . 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 50-year frequency storm; c . All catch basins shall carry a 50-year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e . All culverts shall carry a 100-year frequency storm; A: \CND4975 . 1 22 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, _ _ - ' • - _- sir -Le -pruvided with a minimum of one travel lane with local, residential and private streets shall have one dry travel lane available on interior residential streets . Collector streets shall provide a minimum of one dry travel lane 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. With the exception of the bench drains emptying into the cul-de-sacs for "D" , "F" and "G" streets, 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 A: \CND4975 . 1 23 contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. This hydraulic/hydrology study shall analyze the hydraulic capacity of the existing drainage system with and without the storm drain system for the proposed development . The applicant shall make any downstream improvements, required by the City, to support the proposed development of Tract 4975 . 72 . 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 . 73 . 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. Where applicable these facilities must also be acceptable to the Ventura County Public Works Agency. (EIR 2-7, HY3) 74 . 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 75 . 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 A: \CND4975 . 1 24 the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements . Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion of all units in the tract ., The street improvements shall include concrete curb and gutter, sidewalk, median(s) , street lights, traffic signals, striping and signing, interim striping and traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development . The subdivider shall dedicate the necessary right-of-way to make all of the required improvements . The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on Exhibit 9 of the Carlsberg Specific Plan dated 9-7-94 or as otherwise provided in the Settlement Agreement of the same date. (In the case of any conflicts, the Settlement Agreement shall take precedence over the design and timing for construction of all improvements and or payments for improvements . ) Spring Road 76 . Prior to the issuance of the first zone clearance for occupancy for Tract 4975, 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. An additional two (2) foot pedestrian easement, for sidewalk purposes, shall be provided outside and adjacent to the easterly Spring Road right of way. The easement shall extend from Tierra Rejada Road to Christian Barrett Road and shall be shown on the final map. (SP-16 3 .b. par. 3) Science Drive 77 . 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) . 78 . Science Drive, including the Peach Hill Road intersection, is 25 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 Tract 4975 (TC3) . North leg intersection improvements at Science Drive and Tierra Rejada Road shall also be completed at this time The improvements shall provide westbound right-turn lane, eastbound left-turn lane, southbound left-turn lane, and southbound right-turn lane (project share 100 percent) (EIR 2- 11, TC4 , SA-pg. 9 par. 1) . (0) . l 79 . The developer is to fully construct the Science Drive/Peach Hill Road Intersection and provide northbound left-turn lane, shared northbound through/right turn lane, shared southbound through/right turn lane„ eastbound left-turn lane, shared eastbound right-turn /through lane, westbound left turn lane and shared westbound through/right turn lane. (EIR 2-11, TC3) The developer' s traffic engineer shall verify that no Level of Service decreases shall occur as a result of the shared westbound through/right turn lane . Should a level of service D result at this intersection then the developer shall provide the City adequate right of way and construct a dedicated westbound right turn lane onto Science Drive . 80 . Left turn storage lanes are required at all intersections along Science Drive as shown on the Amended Specific Plan. No other median breaks are allowed. 81 . All driveways shall be located on lots such that no portion of the driveways shall be closer than 65 feet to the closest beginning of curve radius for the intersection with Science Drive (This may require shifting of some lots or lot lines) . Easements and landscaping shall also be provided at the intersection with Science Drive to enhance the tract entries, subject to the approval of the Director of Community Development. Tierra Rejada Road 82 . Tierra Rejada Road adjacent to Tract 4975 and Tract 4977 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 shall include a westbound right-turn lane at the Science Drive and Spring Road 26 1 intersections . Northside Tierra Rejada Road improvements shall 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) A dedication of a three (3) foot pedestrian/sidewalk easement shall be provided north of the proposed right of way as shown on the approved tentative map. These north side improvements, east of the Spring Road intersection to the SR-23 freeway, shall be constructed prior to issuance of the first zone clearance for occupancy for residential units in Tract 4975, SA-9 par. 1) Other: Street Related 83 . Traffic signals at the following intersections; 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 Tract 4975, (TC13 . , TC14 . , TC15 . and TC16) . Payment of the AOC fee shall represent payment in full of the applicant ' s fair share amount for those improvements . 84 . The Developer shall contribute their fair share to the construction of the Moorpark Road/Tierra Road intersection, to the extent that the following improvements exceed the AOC widening costs of Tierra Rejada Road; 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%) . 85 . Prior to the issuance of a the first building permit for any residential, unit within Tract 4975, the 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. (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) 27 86 . The applicant shall include bus stop turnouts in the final street improvement plans if required by the Director of Community Development . (EIR 2-16, A8) The final location of the bus turnout and facilities shall be approved by the Director of Community Development . 87 . 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 developer' s 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. 88 . Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. 89 . The subdivider shall provide slope easements for road main- tenance purposes along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet . 90 . 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) State Route 23 91 . State Route 23 northbound offramp/Tierra Rejada Road: Appli- cant 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) 28 92 . 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) . 93 . Applicant to pay fair share of the costs to improve the signal at State Route 23 southbound ramp/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 TC14, SA-8, SP-18 par. 1) 94 . 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) 95 . 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) 96 . 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) 97 . Prior to-the issuance-- of a- the first building permit- -for-any residential, unit mita-i—n-`Frac- -4-97-5; the app-I i cant shah-pay City--the—T-i-erra--Rej-ad-a-/-Spri-rrg-Roan.-Area-o-f t--ion Fee -(-the--"-AOC ) . The AOC-Fee shat-1 be the- dollar amount-in effect- at-the time o-f the-payment-of the fee:--(SA -6-)- Payment of the AOC Fee- shall represent-payment in f-u.-l--ofhe �'fair sha-r&'- amounts required by traffic-mitigation-measures TC6, 1IC9� TC13 -(cost of signal -installation-or-modification at Spring Road-/-T±erra-Rejada-Road-on y) TC14-and TC16 (cost, o-f- signal-i rs-ta-l-la- i-on at-Moorpark RoaddT±erra Rejada Road-only)- arrd-TC-1-5--(c-os t--o-f signal---in s-t a-1l a t i-orr at--"A:" Street-/Tierra Rejada Road only) ,-as-described in--the SEIR7.-- (SA-6&7)- 29 98 . The final map shall indicate the location of all trail easements . The minimum widths of said easements shall be a minimum of 12 feet wide . The trails easements shall be offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements. Once the trails have been built, the developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years . After that time, the • - - • , maintenance district, or similar entity shall be responsible for maintaining the trails . Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. 99 . The developer shall submit a trails plan concurrent with the grading plan to be completed along with appropriate grading and landscaping for the construction phase. 100 . 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. 101 . Any right-of-way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense . 102 . 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 . 30 b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 103 . 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 . 104 . Special tract entry landscaping, i-nvo±v±-ng 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) 105 . 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, 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 surety agreement shall also include provisions for all off-site improvements along the entire frontage of Tract 4975 and other offsite improvements which require mitigation as described herein. 106 . The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. • .. - I .. ' . ' . - street lighting for a period of one year from the acceptance of the street-i<<piuvements . UTILITIES 108 . Utilities, facilities and services for Tract 4975 will be extended and/or constructed in conjunction with its phased development by the developer as the project proceeds . 31 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 . for maintenance. (SP-14) b. Prior to recordation of a final map, the City, Calleguas Municipal Water District and Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and/or Ventura 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 Tract 4975 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 tract . Natural gas service will be provided by Southern California Gas . Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell . Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. (SP-14) OTHER 109 . If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code 32 Section 66457 . a. Notify the City of Moorpark 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. 110 . The 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: 111 . The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 112 . The subdivider shall offer to dedicate to the City of Moor- park, public use, all right-of-way for public streets . 113 . The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to the SR-23 freeway, Tierra Rejada Road and Science Drive except for access locations approved by the Amended Specific Plan or subsequent action of the City Council . 114 . 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 33 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. 115 . The applicant shall execute a covenant running with the land .- _ . - - • - -- - : . . . - - - ' - . . _ .. ' . .. - . ' ' _. ., _ - - VI 0 or indirectly affected by the development . .. . - --. . . _ - - - - - - ._ .-. . . _. . .. - ' - _ - . _ - . . - . .,, ' . : _ .- . - .. . ' . . . _ _ - Enforcement of Vehicle Codes 117 . Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107 . 7 . DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 118 . 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) 119 . 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 . 120 . Work conducted during the school year shall be coordinated with the Moorpark Unified School District and the City Engineer. No construction, detours or obstructions shall be allowed on Peach Hill Road, Science Drive or Spring Road during the 34 regular school year between the hours of 8 : 00-9 : 00 A.M. and 3 : 00-4 : 00 P.M. 121 . 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) 122 . All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 123 . During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes . 124 . 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 35 the site, until these activities are completed. f . Wash off heavy-duty construction vehicles before they leave the site. g. When appropriate, seed exposed surfaces with a fast- growing, soil-binding plant to reduce wind erosion and its contribution to local particulate levels . h. Observe a 15 mile per hour speed limit for the con- struction area. i . Periodically sweep public streets in the vicinity of the site to remove silt (i .e. , fine earth material transported from the site by wind, vehicular activities, water runoff, etc . ) which may have accumulated from construction activities. (EIR 2-14, Al) 125 . The developer shall request that all employees involved in grading operations on the project wear face masks during dry periods . (EIR 2-15, A3) 126 . Maintain equipment engines in good condition and in proper tune as per manufacturers ' specifications to prevent excessive emissions . (EIR 2-16, A4) 127 . All diesel engines used in construction equipments should use high pressure injectors . (EIR 2-16, A5) 128 . All diesel engines used in construction equipments should use reformulated diesel fuel . (EIR 2-16, A6) 129 . 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) 130 . During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards . 131 . Construction activities shall be limited to weekdays between the hours of 7 : 00 A.M. and 7 : 00 P.M. and Saturdays from 9 : 00 36 A.M. to 5 : 00 P.M. Construction inspection ourtside regular City working hours may require a premium be paid for overtime of City' inspectors. No construction activities shall occur on Sundays . (EIR 2-19, N1) 132 . 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) 133 . 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) 134 . The developer shall ensure that construction equipment is fitted with modern sound-reduction equipment . (EIR 2-19, N4) 135 . 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 . 136 . 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: 137 . Reproducible centerline tie sheets shall be submitted to the City Engineer' s office . 138 . 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. 37 139 . A copy of the recorded Map (s) shall be forwarded to the City Engineer for filing. 140 . 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. 141 . 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 142 . 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. 143 . All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13 ' 6") . 144 . Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 145 . Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District Private Road Guidelines . 38 146 . The access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 147 . 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. 148 . 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 . 149 . 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 . 150 . 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 . 151 . Prior to combustible construction, where required by the Fire District, there shall be two ingress/egress points for each lot . The location and construction of these ingress/egress points shall be approved by the Fire Department . Phase One of Tentative Tract No. 49745 shall complete Science Drive from Tierra Rejada Road to Peach Hill Road prior to combustible construction. 152 . All water mains and applicable hydrants shall be installed prior to combustible construction. Fire Flow requirements shall be calculated for each project individually. 153 . A fuel modification zone shall be maintained 100 feet wide in accordance with the requirements of the Fire District . The Homeowners' Association shall be responsible for maintenance of the fuel modification zone. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 154 . Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions 39 thereto. Ultra low plumbing fixtures are required in all new construction. Prior to approval of the first phase of the Final Map, the developer shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen berm and drought tolerant landscaping to minimize visual impacts . The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. An irrigation system shall be established for the landscaping; however, irrigation can be discontinued after landscaping has become established and irrigation water is no longer required, upon written approval of the Director of Community Development . - . . . .- ,,. .■ . .. : _ .. . .. • -. • . . - - _ - _ ' . .. -._ . . .. - - - - . - . . - - .. - - e- . - _ _. . - - - ' .- • !-_ - -... . .. -. . - • 200 feet fro ' - - --- -•- . - - Drive . 40 Tentative Tract Map No. 4976 Conditions : 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. THE TERMS; OWNER, APPLICANT, DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS . GENERAL REQUIREMENTS : Severabia±ty0ther Regulations 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. Requirement for Recordation of Tentative Tract Map No. 4974 and Completion of Conditions of Approval far Approved Residential • u •-. 1- - •.0- * •- C 2 . This Tentative Map shall not record until : 1) A) Tentative Tract Map No. 4974 records; 2) B) A Residential Planned Development Permit is approved; and 3) C) The Prior to Issuance of Zoning Clearance conditions of approval of the Residential Planned Development Permit have been completed. Setbacks for Residential Planned Development Permit 3 . The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences . A criteria for this is that there shall be a minimum of three feet variation in front setback between adjacent lots, with no more than two adjacent lots having the same front setback. A: \CND4976 . 1 1 4 . Pursuant to the Settlement Agreement and Mutual Release, all residential development " ... - - - . -. Specific Plan shall be subject to the provisions of Measure F, as amended by Ordinance No. 103 ("Amended F" ) and of - • . . Resolutions" ) , not withstanding that the Residential Development Management System imposed by Amended Measure F may . . - - - ' . . . . - . . - ordinance that limits, by number, the building permits that .- ' . -• . - . . . . . - lots that may be developed for residential purposes . Requirement for Private Recreational Area 5 . As part of a approval of a Residential Planned Development Permit, the developer shall provide a private recreational area consisting, but not limited to a pool, spa, tot lot and recreational building. The subdivider shall provide a lot centrally located or as otherwise determined by the City, and on a corner to be reserved for a future recreational area. Covenants, Conditions and Restrictions 6 . Covenants, Conditions and Restrictions (CC&R' s) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R' s shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities . The draft CC&R' s shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the final map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R' s submitted for City review. Prior to the sale of any lots, the CC&R' s shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R' s . The Homeowners' Associations A: \CND4976 . 1 2 may modify the CC&R' s only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map or approved Residential Planned Development Permit . Sixty (60) days notice must be given to the City of the intent to modify CC&R' s. Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R' s . Dedication of Park 7 . Prior to occupancy of the 227th dwelling unit within the Carlsberg Specific Planning area, the developer shall dedicate an improved park to the City. The park shall be improved and available (open) to the public as described in the Settlement Agreement and Mutual Release. Prior to approval of the Final Map, the developer shall post a bond or other security acceptable to the City for construction of the improved park. Changes to Map 8 . Any changes to the Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Amended Carlsberg Specific Plan Zoning Code and Subdivision Ordinance . Cable Service 9 . Television cable service shall be provided to all residential units consistent with existing cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings . Archeological or Historical Finds 10 . If any archeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development' s written concurrence of the recommended A: \CND4976 . 1 3 disposition before resuming development . The developer shall be responsible for the costs associated with the professional investigation. Declaration of Public Nuisance 11 . The continued maintenance of the common maintenance areas shall be subject to periodic inspection of the City. The applicant, developer or responsible Homeowners' Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance or other common maintenance facilities, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance" . The Applicant/Developer, Homeowners' Association, or each individual property owner, as applicable shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes . The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance . Phasing 12 . If the map is to record in phases, it shall be recorded in phases consistent with the approved phasing plan in the Specific Plan on the Tentative Map. Acceptance of Conditions 13 . 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. Reference to Conditions on Map 14 . 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 . A: \CND4976 . 1 4 Other Agency Requirements 15 . 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 . 16 . 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 . Image Conversion 17 . Prior to recordation of the Final Map and prior to first occupancy of each phase, the subdivider shall provide to the City an image conversion of building, landscape, public improvement, site plans or other required plans into an optical format acceptable to the City Clerk. • -. •. ' Severability 18 . If any of the condition or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. Expiration of Map 19 . 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 . Zoning Ordinance Requirements 20 . 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 A: \CND4976 . 1 5 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 . No. Asbestos Materials 21 . No asbestos pipe or construction materials shall be used within this subdivision. Hold Harmless 22 . 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. A: \CND4976 . 1 6 Title Report 23 . 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. DEVELOPMENT FEE 24 . 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, - - Settlement Settlement Agreement, a Development Fee as described herein (the "Development Fee") and any Capital Development Fee _ ... -. . . - . - 0 . ._ . - : , 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 . .. _ r .. - -- 0 - - _ . . . _ _ - ' - - - •-• . - - • - _ . _ ._ ,.. - - . - _ • .- . - • -- - - . • - •_ -0 • •• - - - _ ■ • ' • _ - . - . -0 _ •- •• ' ■ -• • 4 , 44 10- • 0 - - _ - - . _ _ .• •- gross acre that would result in a total payment of $324, 339, tori-s-parayrch, or the Subsequent Map, as hereinafter defined .. _ _ _ • ' s _ D. - - - _ --__ - -- ._ • •.-- n - - - - - - building permit is issued for any commercial or industrial uses within the boundaries of Tentative Tract Map No. 4973 A: \CND4976 . 1 7 - . ' .■ • - . . .. . . . . . • -. - ' - . . - - - . - - . - - . - v ' .. (collectively the Initial Map) or the date upon which the (10) acres or less is recorded over all, or part of, the Initial Map 4973 (previously 4785) (the "Subsequent Map" ) , -. -0 . . - - . - . - . - w , - - - W- .. . - . . .. ' . ' - . .- . . . . - . industrial use within the b-oundarie- of the Subsequent Map, whichever occurs first . The Initial Map and Subsequent Map shall be so conditioned. (SA-5&6) Grading 25 . 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 dispense with this condition. 26 . 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. 27 . Landform and grading design shall be consistent with the City of Moorpark grading standards in effect on September 7, 1994 . 28 . 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. 29 . Planned structures, roadways, paths, vegetation, irrigation and continuing maintenance programs shall be used to stabilize manufactured slopes . 30 . Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to A: \CND4976 . 1 8 screen structures and to soften the visual appearance of the graded slope . 31 . Grading shall emphasize scenic vistas to the open space areas . 32 . Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall -incorporate natural structure and landscape to reduce their visibility. Landscaping Cactus Wren Preservation 33 . Prior to the approval of a grading plan, initiation of rough grading, or approval of the Final Map, a proposed Habitat Restoration Plan shall be prepared by a qualified native plant ecologist, or other qualified professional to reduce the impacts to the cactus wren. This plan shall be reviewed and approved the City prior to grading. 34 . 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 completion of all landscaping for each phase shall be completed prior to the issuance of a Occupancy Permit for the first unit of the phase, unless otherwise modified by the Director of Community Development and consistent with this intent. b. Prior to issuance of any Occupancy permit, the proportional share of the required 600 additional 15 gallon trees for mitigation of the removed Oak trees shall be planted as shown on the approved landscape plan. The location of the trees shall be spread throughout the project area and shall not block horizon views from proposed residential units . The final location of the trees shall be determined as part of the approval of the Landscape Plan. The Homeowners' Association shall be responsible for maintenance of the trees. A: \CND4976 . 1 9 c. 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. d. 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. e. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. f . 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 . g. 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 . h. 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. i . 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 . A: \CND4976 . 1 10 j . 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. k. 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 an owners ' association, maintenance district, or similar entity accepts the responsibility. 1 . Prior to Homeowners ' 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. m. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level . n. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City' s sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans . If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance A: \CND4976 . 1 11 Assessment District . The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other required work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC&R' s shall also include all Conditions of Approval as well as the design guidelines as specified in the Carlsberg Specific Plan. The median on Tierra Rejada Road and Science Drive shall be maintained by a Citywide Assessment District while the parkways and entryways on all arterial and collector streets as determined by the City shall be maintained by an area wide Assessment District or homeowners' association. Easements shall also be provided to create a minimum of five (5) feet between the sidewalk and any fence or wall along the side or rear lot lines along the tract entries from Science Drive. o. The use of native and/or drought-tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities . p. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. q. Prior to recordation, the final parcel map shall indicate all landscape planting and maintenance easements . Said easement shall encompass all man-made slopes adjacent to said lots . r. The landscape plan shall contain plans and specifications including irrigation for the additional trees to be planted in the open space areas as required in the Amended Specific Plan. A: \CND4976 . 1 12 -• 35 . 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. Unconditional Availability Letter 36 . 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. Cross Connection Control Devices 37 . 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 . Utility Bond 38 . 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. All above grade utility fixtures shall be placed adjacent to landscaped areas and shall be screened A: \CND4976 . 1 13 on three sides . The subdivider shall indicate in writing how this condition will be satisfied. Lighting 39 . 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) Fees, Contributions and Deposits •*. . •. .11* • - 1- .. 40 . Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. Payment of Outstanding Costs 41 . 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 . Citywide Mitigation Fee 42 . 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, Developer 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) A: \CND4976 . 1 14 The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Developers 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, Developers shall make a written request of City that they decide whether or not to make the election, and City shall notify Developers of their decision within thirty (30) days after receipt of the request . (SA-8) The Mitigation Fee, if collected, may be expended by City in their sole and unfettered discretion; provided, however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12 , TC13 (cost of signal installation or modification at State Route 23 northbound ramps/Tierra Rejada Road only) , TC14 (cost of signal installation or modification at State Route 23 southbound ramps/Tierra Rejada Road only) and TC17 . (SA-8) Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the SEIR that will be installed by others but for which Developers are required to pay "fair share" amounts to City. The "fair share" amounts shall be determined by the following percentages applied to the actual costs of said installations : TC7 (48%) , TC10 (34%) and TC11 and TC13 (signal modification at Spring Road/Los Angeles Avenue only) (50%) . (SA-8) The remaining traffic mitigation measures described in the SEIR, to wit : TC1, TC2 , TC3 , TC4 (100% of the improvements rather than the 63% provided for in the SEIR) , TCS, TC8, TC13 (signal at Science Drive/New Los Angeles Avenue only) and TC15 (signal at "A" Street/"B" Street only) shall be installed by Developers at their sole cost and expense, without off-set against the AOC Fee or the Mitigation Fee. The second Tierra Rejada westbound and eastbound lanes identified in the SEIR have been constructed by City (the "Widening Project" ) . Developers shall have no financial obligation with respect to A: \CND4976 . 1 15 the Widening Project except as provided in the Settlement Agreement; provided, however, Developer shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "B"of the Settlement Agreement . (SA-9) 43 . Other fees are listed under the heading "City Engineer Department Conditions . " CITY ENGINEERING CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GENERAL 44 . Tract 4974 shall have been recorded and all infrastructure improvements, required by the conditions of approval for that tract, shall be completed. 45 . All areas to be commonly maintained including Open Space Areas and all parks, as determined by the City, shall be designated as separate lettered lots (Parcel A, Parcel B, etc. ) on final subdivision maps . Grading: 47 . The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. A: \CND4976 . 1 16 48 . Graded slopes, visible from off-site to the west shall be hydroseeded immediately upon completion consistent with the landscape concept plan. The city shall specify alternate deadlines for completion of all hydroseeding based on the grading schedule. (EIR 2-5, Tl) 49 . Concurrent with submittal of the rough grading plan an erosion, debris/siltation and dust control plan shall be sub- mitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. (EIR 2-7, HY1) Interim borrow sites shall be hydroseeded within 30 of completion of grading unless an alternate schedule is assigned by the Director of Community Development . 50 . All on-site haul routes shall be approved by the City Engineer and clearly marked on the grading plan. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only. 51 . All off-site import/export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit . 52 . The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note : Review of the soils and geology report by the City' s consultant will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City' s administrative and overhead costs. 53 . All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for A: \CND4976 . 1 17 conformance with the geologist ' s and soils engineer' s recommendations . 54 . All exploratory trenches shall be identified on the grading plan. Specific recommendations for the recompaction of these trenches shall be made as part of the geotechnical engineers report . 55 . All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council . Tract 4976 and 4977 will be graded as one project and import/export of dirt from Tract 4977 prior to final grading is permitted. (SP-16) 56 . 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 . 57 . 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) 58 . New slopes adjacent to roadways and development areas shall be graded in such a way that a contoured appearance is provided. Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. (SP-11 .2 .b. ) 59 . 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 . 60 . All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with A: \CND4976 . 1 18 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 . 61 . All development areas and lots shall be designed and graded 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. ) 62 . 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. ) 63 . 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 . ) 64 . Interior slopes between manufactured building pads shall be designed with up-slope property lines. (SP-13 .m. ) _ - . . _ Figure 22 , dated 10-12-94) 66 . All areas of impact to the coastal sage scrub shall be delineated on the grading plan. All areas in which A: \CND4976 . 1 19 revegetation efforts will occur shall also be identified and provisions to protect the revegetation area shall be included within the grading plan as approved by the Director of Community Development . (EIR 2-9, B2) 67 . 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 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 oak trees . When it is determined which oak 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 . For the zone between the six foot radius from the tree trunk and the drip line 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 A: \CND4976 . 1 20 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. 68 . So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City' s standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development . STORM RUN-OFF 69 . The storm drain system will be designed to accommodate 50-year storm flows . 70 . The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of A: \CND4976 . 1 21 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 50-year frequency storm; c. All catch basins shall carry a 50-year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100-year frequency storm; f . Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50-year frequency storm, all residential streets shall be provided with a minimum of one travel lane with a goal that local, residential and private streets shall have one dry travel lane available on interior residential streets . Collector streets shall provide a minimum of one dry travel lane 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; A: \CND4976 . 1 22 i . All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j . If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels . k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right-of-way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right-of-way are to be maintained by the Property-Owners ' Association. or as required by the City Engineer; 1 . Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. (EIR 2-6, T12, SP-12 . j . ) m. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. This hydraulic/hydrology study shall analyze the hydraulic capacity of the existing drainage system with and without the storm drain system for the proposed development . The applicant shall make any downstream improvements, required by the City to support the proposed development of Tract 4976 . 71 . The applicant shall demonstrate for each building pad, to the satisfaction of the City Engineer, as follows : a. Adequate protection from a 100-year frequency storm; and b. Feasible access during a 50-year frequency storm. A: \CND4976 . 1 23 c . Hydrology calculations shall be per current Ventura County Standards . 72 . 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. Where applicable these facilities must also be acceptable to the Ventura County Public Works Agency. (EIR 2-7, HY3) 73 . 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 74 . 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 . Street improvements and median and parkway landscaping shall not be accepted by ',the City', for maintenance until completion of all units in the tract . The street improvements shall include concrete curb and gutter, sidewalk, median (s) , street lights, traffic signals, striping and signing, interim striping and traffic control plan, paving, and any necessary transitions to the satisfaction of the City Engineer. 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 A: \CND4976 . 1 24 sections shown on Exhibit 9 of the Carlsberg Specific Plan dated 9-7-94 or as otherwise provided in the Settlement Agreement of the same date. (In the case of any conflicts, the Settlement Agreement shall take precedence over the design and timing for construction of all improvements and or payments for improvements . ) Spring Road 75 . 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) 76 . Prior to the issuance of the first zone clearance for occupancy in Tract 4976, 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. An additional two (2) foot pedestrian easement, for sidewalk purposes, shall be provided outside and adjacent to the easterly Spring Road right of way. The easement shall extend from Tierra Rejada Road to Christian Barrett Road and shall be shown on the final map. (SP-16 3 .b. par. 3) Science Drive 77 . 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) . 78 . Science Drive, including the Peach Hill Road 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 Tract 4976 (TC3) . North leg intersection improvements at Science Drive and Tierra Rejada Road shall also be completed at this time The improvements shall provide westbound right-turn lane, A: \CND4976 . 1 25 eastbound left-turn lane, southbound left-turn lane, and southbound right-turn lane (project share 100 percent) (EIR 2- 11, TC4 , SA-pg. 9 par. 1) 79 . The developer is to fully construct the Science Drive/Peach Hill Road Intersection and provide northbound left-turn lane, shared northbound through/right turn lane, shared southbound through/right turn lane, eastbound left-turn lane, shared eastbound right-turn /through lane, westbound left turn lane and shared westbound through/right turn lane. (EIR 2-11, TC3) The developer' s traffic engineer shall verify that no Level of Service decreases shall occur as a result of the shared westbound through/right turn lane. Should a level of service D result at this intersection then the developer shall provide the City adequate right of way and construct a dedicated westbound right turn lane onto Science Drive. 80 . Left turn storage lanes are required at all intersections along Science Drive as shown on the Amended Specific Plan. No other median breaks are allowed. 81 . All driveways shall be located on lots such that no portion of the driveways shall be closer than 65 feet to the closest beginning of curve radius for the intersection with Science Drive (This may require shifting of some lots or lot lines) . Easements and landscaping shall also be provided at the intersection with Science Drive to enhance the tract entries, subject to the approval of the Director of Community Development. Tierra Rejada Road 82 . Tierra Rejada Road adjacent to Tract 49754- and Tract 4977 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 shall include a westbound right-turn lane at the Science Drive and Spring Road intersections. Northside Tierra Rejada Road improvements shall 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 to the SR-23 freeway, shall be constructed prior to issuance of the first zone clearance for occupancy for A: \CND4976 . 1 26 residential units in Tract 49765. (TC4 , SA-9 par. 1) Other Street Related Improvements: 83 . Traffic signals at the following intersections; Spring 1 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 Tract 4976, (TC13 . , TC14 . , TC15 . and TC16) . Payment of the AOC fee shall represent payment in full of the applicant ' s fair share amount for those improvements . 84 . 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 costs of Tierra Rejada Road; 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%) . 85 . The applicant shall include bus stop turnouts in the final street improvement plans if required by the Director of Community Development . (EIR 2-16, A8) The final location of the bus turnout and facilities shall be approved by the Director of Community Development . 86 . 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 developer' s 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. 87 . Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements . A: \CND4976 . 1 27 88 . The subdivider shall provide slope easements for road main- tenance purposes along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated 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 89 . The final map shall indicate the location of all trail easements . The minimum widths of said easements shall be a minimum of 12 feet wide. The trail easements shall be offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements . Once the trails have been built, the developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the owners ' association, maintenance district, or similar entity shall be responsible for maintaining the trails . Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. 90 . The developer shall submit a trails plan concurrent with the grading plan. The plan shall provide for all trails to be completed with the appropriate grading and landscaping for the construction phase . 91 . 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) 92 . State Route 23 northbound offramp/Tierra Rejada Road: Appli- cant 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 A: \CND4976 . 1 28 described in the Settlement Agreement shall represent payment of the applicants "fair share" . (EIR 2-13, TC12, SP-18 par. 1) 93 . 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) . 94 . Applicant to pay fair share of the costs to improve the signal at State Route 23 southbound ramp/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 TC14, SA-8, SP-18 par. 1) 95 . 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) 96 . 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) 97 . 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) 98 . Prior to the issuance of the first building permit for residential unit use within Tract 49765, the 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. (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 A: \CND4976 . 1 29 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) 99 . 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. 100 . Any right-of-way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense . 101 . 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. 102 . 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 . 103 . Special tract entry landscaping, involving variations in circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Develop- ment . (SP-24 4 . par. 3) 104 . 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, landscaping, parks, fencing, bridges, etc . ) or which require removal (i .e. , model homes, temporary debris A: \CND4976 . 1 30 basin, etc . ) in a form acceptable to the City. The surety agreement shall also include provisions for all off-site improvements along the entire frontage of Tract 4976 and other offsite improvements which require mitigation as described herein. 105 . The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. ._ . - - - . . street lighting for a pe .- . - - • - - . of—the street improvements . UTILITIES 107 . Utilities, facilities and services for Tract 4976 will be extended and/or constructed in conjunction with its phased development by the 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 . for maintenance . (SP-14) b. Prior to recordation of a final map, the City, Calleguas Municipal Water District and Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and/or Ventura 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 A: \CND4976 . 1 31 solid waste collection services and cable television to 4976 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 tract. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell . Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project • area. (SP-14) OTHER 108 . If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457 . a. Notify the City of Moorpark 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. A: \CND4976 . 1 32 109 . The subdivider shall pay all County fees related to Computer- aided Mapping System (CAMS) . IN CONJUNCTIONWITH APPROVAL OF FINAL MAP,_ THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 110 . The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 111 . The subdivider shall offer to dedicate to the City of Moor- park, public use, all right-of-way for public streets . 112 . The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to -- - - ' and Science Drive except for access locations approved by the Amended Specific Plan or subsequent action of the City Council . 113 . 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. 1--14 . The applicant shall execute a covenant running with the land (or pay a traffic mitigation -- - .- its successors, heirs, and assigns agreeing to p-articipate in - 'nancing . , .• - .traffic mitigation fees, which the City may implement or adopt, to fund public stre-et and traffic improvements directly or indirectly affected by the development . 115 . Sufficient surety, as specified by the City Engineer, guar- anteeing all public improvements shall be provided. The - _ - . - . -. • accep- tance of the public improvements by the City. Enforcement of Vehicle Codes 116 . Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107 . 7 . 33 DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 117 . 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) 118 . 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 . 119 . Work conducted during the school year shall be coordinated with the Moorpark Unified School District and the City Engineer. No construction, detours or obstructions shall be allowed on Peach Hill Road, Science Drive or Spring Road during the regular school year between the hours of 8 : 00-9 : 00 A.M. and 3 : 00-4 : 00 P.M. 120 . 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) 121 . All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 122 . During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes . 123 . 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: \CND4976 . 1 34 a. Water all site access roads and material excavated or graded on- or off-site to prevent excessive amounts of dust . Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour) . The contractor shall maintain contact with the APCD meteorologist for current informa- tion about average wind speeds . c . Water or securely cover all material transported off-site and on-site to prevent excessive amounts of dust . d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust . e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy-duty construction vehicles before they leave the site. g. When appropriate, seed exposed surfaces with a fast- growing, soil-binding plant to reduce wind erosion and its contribution to local particulate levels . h. Observe a 15 mile per hour speed limit for the con- struction area. i . Periodically sweep public streets in the vicinity of the site to remove silt (i .e. , fine earth material transported from the site by wind, vehicular activities, water runoff, etc . ) which may have accumulated from construction activities . (EIR 2-14, Al) 124 . The developer shall request that all employees involved in grading operations on the project wear face masks during dry periods . (EIR 2-15, A3) 125 . Maintain equipment engines in good condition and in proper tune as per manufacturers ' specifications to prevent excessive emissions . (EIR 2-16, A4) A: \CND4976 . 1 35 126 . All diesel engines used in construction equipments should use high pressure injectors . (EIR 2-16, A5) 127 . All diesel engines used in construction equipments should use reformulated diesel fuel . (EIR 2-16, A6) 128 . 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) 129 . During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards . 130 . Construction activities shall be limited to weekdays between the hours of 7 : 00 A.M. and 7 : 00 P.M. and Saturdays from 9 : 00 A.M. to 5 : 00 P.M. Construction inspection ourtside regular City working hours may require a premium be paid for overtime of City inspectors. No construction activities shall occur on Sundays . (EIR 2-19, N1) 131 . 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) 132 . 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) 133 . The developer shall ensure that construction equipment is fitted with modern sound-reduction equipment . (EIR 2-19, N4) 134 . 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 . A: \CND4976 . 1 36 135 . 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: 136 . Reproducible centerline tie sheets shall be submitted to the City Engineer' s office. 137 . 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. 138 . A copy of the recorded Map (s) shall be forwarded to the City Engineer for filing. 139 . 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. 140 . 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. A: \CND4976 . 1 37 FIRE DEPARTMENT CONDITIONS 141 . 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. 142 . All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13 ' 6") . 143 . Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare . 144 . Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District Private Road Guidelines. 145 . The access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 146 . 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. 147 . 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 . 148 . 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 . 149 . 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 . 150 . Prior to combustible construction, where required by the Fire District, there shall be two ingress/egress points for each lot . The location and construction of these ingress/egress points shall be approved by the Fire Department . Phase One of Tentative Tract No. 49745 shall complete Science Drive from 38 Tierra Rejada Road to Peach Hill Road prior to combustible construction. 151 . All water mains and applicable hydrants shall be installed prior to combustible construction. Fire Flow requirements shall be calculated for each project individually. 152 . A fuel modification zone shall be maintained 100 feet wide in accordance with the requirements of the Fire District . The Homeowners' Association shall be responsible for maintenance of the fuel modification zone . VENTURA COUNTY WATERWORKS DISTRICT_NO._1 GENERAL REQUIREMENT: 153 . Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Prior to approval of the first phase of the Final Map, the developer shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen berm and drought tolerant landscaping to minimize visual impacts . The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. An irrigation system shall be established for the landscaping; however, irrigation can be discontinued after landscaping has become established and irrigation water is no longer required, upon written approval of the Director of Community Development . Soho. B . - - - -. . ' - - 154 . Prior to recordation of the Final Map, the developer shall provide two bus turnouts . One bus turnout located on Science .. - _ •• - - . . .. ha--I be located on the west side of Peach Hill Road approximately 200 feet from where Peach Hill Road intersects with Science Drive . A: \CND4976 . 1 39 Vesting Tentative Tract Map No. 4980 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. THE TERMS; OWNER, APPLICANT, DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS. GENERAL REQUIREMENTS : -_• - Other Regulations 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. Requirement for Recordation o_f Tentative Tract Map Nos . 4973 and .��. - ' .s . . ,. ' ' . • . . .. • . . .._roved Residential Planned Development Permit 2 . This Tentative Map shall not record until : 1} A) Tentative Tract Map No. 4974 records; 2) B) A Residential Planned Development Permit is approved; and 3) C) The Prior to Issuance of Zoning Clearance conditions of approval of the Residential Planned Development Permit have been completed. Setbacks for Residential_Planned Development Permit 3 . The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences . A criteria for this is that there shall be a minimum of three feet variation in front setback between adjacent lots, with no more than two adjacent lots having the same front setback. A: \CND4980 . 1 1 4 . Pursuant to the Settlement Agreement and Mutual Release, all Specific Plan shall be t to the provisions of Measure F, as amended by Ordinance No. 103 ("Amended F" ) and of Resolution Nos . 87-421 and 88-522 (the "Implementation Resolutions" ) , not withstanding that the Residential Development Management System imposed by Amended Measure F may no longer be in effect and to the exclusion of any other ordinance that limits, by number, the building permits that 0 - . . - - -• - . . - - - .• 0. O - - . O- 0 - , - ..-. - . - ' . - . .• .. - . L. -0 • -11- 8 • - - - - • 06! = - 5 . As part of a approval of a Residential Planned Development Permit, the developer shall provide a private recreational area consisting, but not limited to a pool, spa, tot lot and recreational building. The subdivider shall provide a lot centrally located or as otherwise determined by the City, and on a corner to be reserved for a future recreational area. Covenants, Conditions and Restrictions 6 . Covenants, Conditions and Restrictions (CC&R' s) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R' s shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities . The draft CC&R' s shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the final map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R' s submitted for City review. Prior to the sale of any lots, the CC&R' s shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R' s . The Homeowners' Associations A: \CND4980 . 1 2 may modify the CC&R' s only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map or approved Residential Planned Development Permit . Sixty (60) days notice must be given to the City of the intent to modify CC&R' s. Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R' s. Dedication of Park 7 . Prior to occupancy of the 227th dwelling unit within the Carlsberg Specific Planning area, the developer shall dedicate an improved park to the City. The park shall be improved and available (open) to the public as described in the Settlement Agreement and Mutual Release. Prior to approval of the Final Map, the developer shall post a bond or other security acceptable to the City for construction of the improved park. Changes to Map 8 . Any changes to the Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Amended Carlsberg Specific Plan Zoning Code and Subdivision Ordinance. Cable Service 9 . Television cable service shall be provided to all residential units consistent with existing cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Archeological or Historical Finds 10 . If any archeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development' s written concurrence of the recommended A: \CND4980 . 1 3 disposition before resuming development . The developer shall be responsible for the costs associated with the professional investigation. Declaration of Public Nuisance 11 . The continued maintenance of the common maintenance areas shall be subject to periodic inspection of the City. The applicant, developer or responsible Homeowners' Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance or other common maintenance facilities, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance" . The Applicant/Developer, Homeowners' Association, or each individual property owner, as applicable shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes . The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance. Phasing 12 . If the map is to record in phases, it shall be recorded in phases consistent with the approved phasing plan in the Specific Plan on the Tentative Map. Acceptance of Conditions 13 . 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. Reference to Conditions on Map 14 . 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 . A: \CND4980 . 1 4 Other Agency Requirements 15 . 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 . 16 . 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. Image Conversion 17 . Prior to recordation of the Final Map and prior to first occupancy of each phase, the subdivider shall provide to the City an image conversion of building, landscape, public improvement, site plans or other required plans into an optical format acceptable to the City Clerk. . Severability 18 . If any of the condition or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. Expiration of Map 19 . 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 . Zoning Ordinance Requirements 20 . 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 A: \CND4980 . 1 5 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 . No—Asbestos_Mataria1a 21 . No asbestos pipe or construction materials shall be used within this subdivision. Hold Harmless 22 . 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. A: \CND4980 . 1 6 Title Report 23 . 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. Development Fee 24 . 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 . ... _. .. _ - . ,. - - . - . - ._ -. — - . : , - - 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 . .. 11— v — .ti - _ - - -- . - - .-- . - . - . . - _ ._. . — ' 0 —— — - _ - . - w. —. . .. — usage, the Development Fee for commercial and industrial uses . . — _ ,,.. • _ . . . . .. . _ . . — - ow ' . _ . . ._ . . •• _ _�. _ _ *— this paragraph, or the Suib`cy.uei Map—-cm—here- -ircr€ter defined in this paragraph, which is in effect on the Adjustment Date. .■ ' . ' . ._ .. - . . . —. . - . . - . -- - _ . 0 - ' - . .uses within the boundaries of Tentative Tract Map No. 4973 A: \CND4980 . 1 7 previously 4785) or a subdivision Map that is recorded in (collectively the Initial Map) or the date upon which the first subdivision map containing an SR/C or BP use lot of ten (10) acres or less i, recorded over all, or part of, the Initial Map 4973 (-previously 4785) (the "Subsequent Map" ) , the City no later than the tenth (lOth) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Subsequent Map, shall be so conditioned. (SA-5&6) Grading 25 . 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 dispense with this condition. 26 . 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. 27 . Landform and grading design shall be consistent with the City of Moorpark grading standards in effect on September 7, 1994 . 28 . 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 . 29 . Planned structures, roadways, paths, vegetation, irrigation and continuing maintenance programs shall be used to stabilize manufactured slopes . 30 . Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to A: \CND4980 . 1 8 screen structures and to soften the visual appearance of the graded slope. 31 . Grading shall emphasize scenic vistas to the open space areas. 32 . Concret-e drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscap- -. . - ' - ' . ' ' Landscaping Cactus Wren Preservation 33 . Prior to the approval of a grading plan, initiation of rough grading, or approval of the Final Map,; a proposed Habitat Restoration Plan shall be prepared by a qualified native plant ecologist, or other qualified professional to reduce the impacts to the cactus wren. This plan shall be reviewed and approved the City prior to grading. 34 . 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 completion of all landscaping for each phase shall be completed prior to the issuance of a Occupancy Permit for the first unit of the phase, unless otherwise modified by the Director of Community Development and consistent with this intent. b. Prior to issuance of any Occupancy permit, the proportional share of the required 600 additional 15 gallon trees for mitigation of the removed Oak trees shall be planted as shown on the approved landscape plan. The location of the trees shall be spread throughout the project area and shall not block horizon views from proposed residential units . The final location of the trees shall be determined as part of the approval of the Landscape Plan. The Homeowners' Association shall be responsible for maintenance of the trees . A: \CND4980 . 1 9 c . 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. d. 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. e . The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. f . 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 . g. 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 . h. 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 . i . 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 . A: \CND4980 . 1 10 j . 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. k. 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 an owners ' association, maintenance district, or similar entity accepts the responsibility. 1 . Prior to Homeowners ' 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. m. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level . n. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City' s sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans . If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance A: \CND4980 . 1 11 Assessment District . The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other required work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC&R' s shall also include all Conditions of Approval as well as the design guidelines as specified in the Carlsberg Specific Plan. The median on Tierra Rejada Road and Science Drive shall be maintained by a Citywide Assessment District while the parkways and entryways on all arterial and collector streets as determined by the City shall be maintained by an area wide Assessment District or homeowners' association. Easements shall also be provided to create a minimumof five (5) feet between the sidewalk and any fence or wall along the side or rear lot lines along the tract entries from Science Drive. o. The use of native and/or drought-tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities . P. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. q. Prior to recordation, the final parcel map shall indicate all landscape planting and maintenance easements . Said easement shall encompass all man-made slopes adjacent to said lots . r. The landscape plan shall contain plans and specifications including irrigation for the additional trees to be planted in the open space areas as required in the Amended Specific Plan. A: \CND4980 . 1 12 Utility Agency Requirements Calleguas Release 35 . 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 . Unconditional Availability Letter 36 . 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 . Cross onn ion on rol D vi 37 . 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 . Utility Bond 38 . 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 A: \CND4980 . 1 13 or larger power lines. All above grade utility fixtures shall be placed adjacent to landscaped areas and shall be screened on three sides. The subdivider shall indicate in writing how this condition will be satisfied. Fees, Contributions and Deposits Condition Compliance Deposit 39 . Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. Payment of Outstanding Costs 40 . Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs . Lighting 41 . 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) Citywide Mitigation Fee 42 . 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, Developer shall pay City a mitigation fee (the "Mitigation Fee") . The Mitigation Fee shall be Two Thousand Dollars ($2, 000) per residential unit . The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11, 200) per gross acre of the Sub- Regional/Commercial (SR/C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31st of the preceding year ("annual indexing") , but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, A: \CND4980 . 1 14 except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA-7) The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Developers 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, Developers shall make a written request of City that they decide whether or not to make the election, and City shall notify Developers of their decision within thirty (30) days after receipt of the request . (SA-8) The Mitigation Fee, if collected, may be expended by City in their sole and unfettered discretion; provided, however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12 , TC13 (cost of signal installation or modification at State Route 23 northbound ramps/Tierra Rejada Road only) , TC14 (cost of signal installation or modification at State Route 23 southbound ramps/Tierra Rejada Road only) and TC17 . (SA-8) Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the SEIR that will be installed by others but for which Developers 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 Developers at their sole cost and expense, without off-set against the AOC Fee or the Mitigation Fee. The second Tierra A: \CND4980 . 1 15 Rejada westbound and eastbound lanes identified in the SEIR have been constructed by City (the "Widening Project") . Developers shall have no financial obligation with respect to the Widening Project except as provided in the Settlement Agreement; provided, however, Developer shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "B"of the Settlement Agreement . (SA-9) 43 . Other fees are listed under the heading "City Engineer Department Conditions . " CITY ENGINEERING CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GENERAL 44 . Tract 4973 shall have been recorded and all infrastructure improvements, required by the conditions of approval for that tract, shall be completed. 45 . All areas to be commonly maintained including Open Space Areas and all parks, as determined by the City, shall be designated as separate lettered lots (Parcel A, Parcel B, etc. ) on final subdivision maps . 46 . If desired by the applicant recorded phased final maps within Tentative Tract Map 4980 shall be permitted. Grading: 47 . The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. A: \CND4980 . 1 16 48 . Graded slopes, visible from off-site to the west shall be hydroseeded immediately upon completion consistent with the landscape concept plan. The City shall specify alternate deadlines for completion of all hydroseeding based on the grading schedule. (EIR 2-5, Ti) 49 . Concurrent with submittal of the rough grading plan an erosion, debris/siltation and dust control plan shall be sub- mitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. (EIR 2-7, HY1) Interim borrow sites shall be hydroseeded within 30 of completion of grading unless an alternate schedule is assigned by the Director of Community Development . 50 . All on-site haul routes shall be approved by the City Engineer and clearly marked on the grading plan. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only. 51 . All off-site import/export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit . 52 . The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a California Registered Civil Engineer and Geologist . 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 will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City' s administrative and overhead costs . 53 . All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for A: \CND4980 . 1 17 conformance with the geologist ' s and soils engineer' s recommendations . 54 . All exploratory trenches shall be identified on the grading plan. Specific recommendations for the recompaction of these trenches shall be made as part of the geotechnical engineers report . 55 . 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 exported from Tract 4980 . 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 Tract 4980 can be performed at the time the residential development is performed. (SP-15 2 .a. ) 56 . 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 . 57 . 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 is provided. Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. (SP-11 . 2 .b. ) A: \CND4980 . 1 18 58 . 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 . 59 . All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with ground cover, 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. 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 . 60 . 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. ) 61 . 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. ) 62 . 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 . ) 63 . Interior slopes between manufactured building pads shall be designed with up-slope property lines . (SP-13 .m. ) A: \CND4980 . 1 19 64 . ''. -. . - - - .. - _ • ,, - - - - - .71 - - - . . - - , -m - 4114, , Figure 22, dated 10-12-94) 65 . 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) 66 . 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 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 oak trees . When it is determined which oak trees will be preserved, the following guidelines shall apply. (SP-28 . 5 . ) 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. a. Design i . 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 . ii . For the zone between the six foot radius from the tree trunk and the drip line alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. A: \CND4980 . 1 20 iii . Retaining walls shall be used to protect existing grades within the driplines of trees . However, these walls shall not alter drainage from around trees . iv. 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. 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. 67 . 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 A: \CND4980 . 1 21 68 . The storm drain system will be designed to accommodate 50-year storm flows . 69 . 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 50-year frequency storm; (SP-13) c . All catch basins shall carry a 50-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 residential streets shall be provided with a minimum of one travel lane with a goal that local, residential and private streets shall have one dry travel lane available on interior residential streets . Collector streets shall provide a minimum of one dry travel lane in each direction; A: \CND4980 . 1 22 h. Drainage to adjacent parcels shall not be increased or concentrated by this development . All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i . All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j . If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels . k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right-of-way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right-of-way are to be maintained by the Property-Owners ' Association. or as required by the City Engineer; 1 . Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. (EIR 2-6, T12, SP-12 . j . ) m. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. This hydraulic/hydrology study shall analyze the hydraulic capacity of the existing drainage system with and without the storm drain system for the proposed development . The applicant shall make any downstream improvements, required by the City or Ventura County Flood Control, to support the proposed development of Tract 4980 . 70 . The applicant shall demonstrate for each building pad, to the A: \CND4980 . 1 23 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 . 71 . 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 . 72 . 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) 73 . 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. Where applicable these facilities must also be acceptable to the Ventura County Public Works Agency. (EIR 2-7, HY3) 74 . 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 A: \CND4980 . 1 24 district to maintain any private storm drainage systems . STREET IMPROVEMENTS 75 . 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 . Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion of all units in the tract . The street improvements shall include concrete curb and gutter, sidewalk, median (s) , street lights, traffic signals, striping and signing, interim striping and traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development . The subdivider shall dedicate the necessary right-of-way to make all of the required improvements . The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on Exhibit 9 of the Carlsberg Specific Plan dated 9-7-94 or as otherwise provided in the Settlement Agreement of the same date . (In the case of any conflicts, the Settlement Agreement shall take precedence over the design and timing for construction of all improvements and or payments for improvements . ) New Los Angeles Avenue a. 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) b. 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 498073-. (SP-26 .d) c . Should the sidewalk location be altered from the location shown on the approved Tentative Map, the grading within A: \CND4980 . 1 25 the street improvement area shall be revised and the final elevations shall be approved by the Director of Community Development . 76 . Prior to issuance of the first zone clearance for occupancy of the first building located within Tract 4980 or any subsequent map, the developer shall widen, to six lanes, New Los Angeles Avenue from, but not including, the Arroyo Simi-New Los Angeles bridge east to the 23 Freeway. Spring Road 77 . 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) . 78 . Prior to the issuance of the first zone clearance for occupancy of the first building located within Tract 4980, 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 Tract 4980, 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 79 . 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) . (0) . 0 . 1 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 4980 . (SP-26 .e) A: \CND4980 . 1 26 a. 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 . 80 . Science Drive from 600 feet south of New Los Angeles Avenue to Peach Hill Road shall be designed per Ventura County Plate B- 2B modified with a 104 foot Right of Way per cross section "B- 1" , Exhibit 9 of the Carlsberg Specific Plan, (revised 9-7- 94) . a. Science Drive is to be extended from 600 feet south of Los Angeles Avenue to Peach Hill Road and intersection improvements including signalization at Peach Hill Road, are to be completed prior to zone clearance for occupancy of the 1st residential unit in Tract 4980 (TC3) . b. The developer shall also install a traffic signal at the Science Drive /"B" Street intersection at this time. (SA- 7 par 2 , TC15, SP-16 par. 1, EIR 2-13 TC15) . 81 . Left turn storage lanes are required at all intersections along Science Drive as shown on the Amended Specific Plan. No other median breaks are allowed. 82 . Prior to the issuance of the first zone clearance for occupancy of the first building within Tract 4980 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) A: \CND4980 . 1 27 83 . All driveways shall be located on lots such that no portion of the driveways shall be closer than 65 feet to the closest beginning of curve radius for the intersection with Science Drive (This may require shifting of some lots or lot lines) . Easements and landscaping shall also be provided at the intersection with Science Drive to enhance the tract entries, subject to the approval of the Director of Community Development. Other: 84 . The applicant shall include bus stop turnouts in the final street improvement plans if required by the Director of Community Development . (EIR 2-16, A8) The final location of the bus turnout and facilities shall be approved by the Director of Community Development . 85 . 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 developer' s 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 . 86 . Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements . 87 . 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 88 . The final map shall indicate the location of all trail A: \CND4980 . 1 28 easements . The minimum widths of said easements shall be a minimum of 12 feet wide. 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 and accepted as complete by the City, the Developer shall maintain the trails for a one (1) year period and bonds shall remain in effect for a minimum of two (2) years . The owners ' association, maintenance district, or similar entity shall be responsible for maintaining the trails upon completion of the aforementioned one (1) year maintenance period. 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 one of the entities described within this condition. 89 . The developer shall submit a trails plan concurrent with the grading plan. The plan shall provide for all trails to be completed with the appropriate grading and landscaping for the construction phase. 90 . The developer shall provide that the site/grading and improvement plans assure pedestrian and bikeway access between all bus stops and bicycle paths, respectively; and adequate on-site development of such. (EIR 2-16, A9) 91 . Moorpark Ave. /Los Angeles Avenue Intersection Improvements : Prior to issuance of the first Zone Clearance for occupancy within Tract 4980 the applicant shall pay a fair share of the costs to convert the shared southbound left-turn lane/southbound through lane/southbound right-turn lane to a second southbound left-turn lane and convert southbound right- turn lane to shared southbound through lane/southbound right- turn lane (project share 34 percent) . (EIR 2-12 , TC10, SP- 17, SA-8) 92 . Spring Road/Los Angeles Avenue : Prior to issuance of the first zone clearance for occupancy within Tract the applicant shall pay a fair share of 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 A: \CND4980 . 1 29 left-turn movement, including any signal modification costs . (project share 50 percent) . (EIR 2-13, TC11, SP-17, SA-8) 93 . Prior to the issuance of the first building permit for residential use within the boundaries of Tract 4980, the applicant shall pay the 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. 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) 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. 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 Amended Specific Plan and as follows : a. Sidewalks to be a minimum of five feet wide at all points. b. New 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. A: \CND4980 . 1 30 98 . Special tract entry landscaping, involving variations in ' . _ . - - , shall be approved by the Director of Public Works and Director of Community Develop- ment . (SP-24 4 . par. 3) _ _ • __ . - - ._ - _ - - . - _ _ • the formation of an assessment district or other financing technique including, but not limited to, the payment of Lraffic An1Ligation fees, which the City may implement or _ ... , . . . .. . ' - - -- - . _ - - ' --, -, . - , ' . or indirectly affected by the development . 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 surety agreement shall also include provisions for all off-site improvements along the entire frontage of Tract 4980 and other offsite improvements which require mitigation as described herein. 101 . The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 102 . The subdivider shall pay all energy costs associated with . _ ._ .. . UTILITIES 103 . Utilities, facilities and services for Tract 4980 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 A: \CND4980 . 1 31 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 Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and/or Ventura 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 Tract 4980 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 tract . Natural gas service will be provided by Southern California Gas . Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell . Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. (SP-14) OTHER 104 . If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457 . a. Notify the City of Moorpark (hereinafter "City") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462 . 5 . A: \CND4980 . 1 32 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 . The 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: 106 . The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 107 . The subdivider shall offer to dedicate to the City of Moor- park, public use, all right-of-way for public streets . 108 . The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Spring Road, and Science Drive except for access locations approved by the Amended Specific Plan or subsequent City Council action. 109 . 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. A: \CND4980 . 1 33 110 . Sufficient surety, as specified by the City Engineer, - - ' .. . ' - ' . - - - .- • • 'v • .. - • - ' - - - . - • . - . ." ' - . acceptance of the public improvements by the City. Enforcement of Vehicle Codes 111 . Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107 . 7 . DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 112 . 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) 113 . 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. 114 . Work conducted during the school year shall be coordinated with the Moorpark Unified School District and the City Engineer. No construction, detours or obstructions shall be allowed on Peach Hill Road, Science Drive or Spring Road during the regular school , year between the hours of 8 : 00-9 : 00 A.M. and 3 : 00-4 : 00 P.M. 115 . 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) 116 . All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 117 . During site preparation and construction, minimize disturbance 34 of natural groundcover on the project site until such activity is required for grading and construction purposes . 118 . During clearing, grading, earth moving or excavation opera- tions, dust emissions should be controlled by regular watering (If feasible water from the Arroyo shall be used) , paving con- struction roads and other dust prevention measures . The applicant shall submit a dust control plan, acceptable to the city, concurrently with submittal of the mass (as opposed to the precise) grading plan. This plan shall include, but is not be limited to the following measures (EIR 2-14, Al) : a. Water all site access roads and material excavated or graded on- or off-site to prevent excessive amounts of dust . Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour) . The contractor shall maintain contact with the APCD meteorologist for current informa- tion about average wind speeds . c . Water or securely cover all material transported off-site 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 stabilizers to all inactive portions of the construction site. Seed exposed inactive 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. A: \CND4980 . 1 35 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 . 119 . The developer shall request that all employees involved in grading operations on the project wear face masks during dry periods . (EIR 2-15, (A3) 120 . Maintain equipment engines in good condition and in proper tune as per manufacturers ' specifications to prevent excessive emissions . (EIR 2-16, A4) 121 . All diesel engines used in construction equipments should use high pressure injectors . (EIR 2-16, A5) 122 . All diesel engines used in construction equipments should use reformulated diesel fuel . (EIR 2-16, A6) 123 . 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) 124 . During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards . 125 . Construction activities shall be limited to weekdays between the hours of 7 : 00 A.M. and 7 : 00 P.M. and Saturdays from 9 : 00 A.M. to 5 : 00 P.M. Construction inspection ourtside regular City working hours may require a premium be paid for overtime of City inspectors . No construction activities shall occur on Sundays . (EIR 2-19, N1) 126 . Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas . A: \CND4980 . 1 36 The hauling plan must be identified as part of the grading plan and approved by the City Engineer. (EIR 2-19, N2) 127 . 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) 128 . The developer shall ensure that construction equipment is fitted with modern sound-reduction equipment . (EIR 2-19, N4) 129 . 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 . 130 . 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: 131 . Reproducible centerline tie sheets shall be submitted to the City Engineer' s office. 132 . 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. 133 . A copy of the recorded Map (s) shall be forwarded to the City Engineer for filing. 134 . Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. A: \CND4980 . 1 37 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. 135 . 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 136 . 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. 137 . All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13 ' 6") . 138 . Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare . 139 . Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District Private Road Guidelines . 140 . The access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 141 . 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. 38 142 . 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 . 143 . 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 . 144 . 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. 145 . Prior to combustible construction, where required by the Fire District, there shall be two ingress/egress points for each lot . The location and construction of these ingress/egress points shall be approved by the Fire Department and City. Science Drive from New Los Angeles Avenue to Peach Hill Road shall be constructed prior to combustible construction. 146 . All water mains and applicable hydrants shall be installed prior to combustible construction. Fire Flow requirements shall be calculated for each project individually. 147 . A fuel modification zone shall be maintained 100 feet wide in accordance with the requirements of the Fire District . The Homeowners' Association shall be responsible for maintenance of the fuel modification zone.' VENTLRA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 148 . Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Prior to approval of the first phase of the Final Map, the developer shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen berm and drought tolerant landscaping to minimize visual impacts . The tank color and landscaping plan shall be A: \CND4980 . 1 39 approved by the Director of Community Development prior to installation. An irrigation system shall be established for the landscaping; however, irrigation can be discontinued after landscaping has become established and irrigation water is no longer required, upon written approval of the Director of Community Development . School District Reaui rempnt-. . . .= "• IF - . .• - . : - — .. - . — - .. . - w —mo . - - - - — Drive and north Tierra Rejada Road. The second turnout shall Drive. A: \CND4980 . 1 40 Tentative Tract Map No. 4977 Conditions : DEPARTME r • • Nth • 'MENT 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. THE TERMS; OWNER, APPLICANT, DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS. GENERAL REQUIREMENTS: aeverabi-lity0ther Regulations 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. Requirement for Recordation of Tentative Tract Map No.4974 and •u• - ' • • • •i. . . •* • t .. • • b .. • -. ' • - I Planned Development Permit 2 . This Tentative Map shall not record until : 1)- A) Tentative Tract Map No. 4974 records; 2) B) A Residential Planned Development Permit is approved; and 3) C) The Prior to Issuance of Zoning Clearance conditions of approval of the Residential Planned Development Permit have been completed. Setbacks for Residential Planned Development Permit 3 . The setbacks for the proposed residences shall by varied so as to provide visual diversity. The location of the buildable areas as shown on the Tentative Tract Map shall not be construed to be the location of the setbacks of the future residences . A criteria for this is that there shall be a minimum of three feet variation in front setback between adjacent lots, with no more than two adjacent lots having the same front setback. A: \CND4977 . 1 1 MeasureRequIlrenent 4 . Pursuant to the Settlement Agreement and Mutual Release-,--a-1-1 . - . - .. - - ... - - - . -. Specific Plan shall be subject to -the provisions of Measure F, - _ - - . -. .• : -. ' . - - ,. . : - - . -. - . - . . - . ,. . : . . : : - Resolutions" ) , not withstanding that the Residential Development Management System imposed by Amended Measure F may . . . - .- - - . - . . - . . . • . ordinance that limits, by number, the building permits that • w- - - . -. - . - - - . - - . - . - - -. . - . - OM ' U . - lots that may be developed for re-sidential purposes . Requirement for Private Recreational Area 5 . As part of a approval of a Residential Planned Development Permit, the developer shall provide a private recreational area consisting, but not limited to a pool, spa, tot lot and recreational building. The subdivider shall provide a lot centrally located or as otherwise determined by the City, and on a corner to be reserved for a future recreational area. Covenants, Conditions and Restrictions 6 . Covenants, Conditions and Restrictions (CC&R' s) and By-Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC&R' s shall identify all common Maintenance Areas for the residential areas, including maintenance of all hiking trails, open space lots, parkway landscaping for all streets within residential tracts, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities . The draft CC&R' s shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the final map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC&R' s submitted for City review. Prior to the sale of any lots, the CC&R' s shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R' s . The Homeowners' Associations A: \CND4977 . 1 2 may modify the CC&R' s only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map or approved Residential Planned Development Permit . Sixty (60) days notice must be given to the City of the intent to modify CC&R' s . Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC&R' s . Dedication of Park 7 . Prior to occupancy of the 227th dwelling unit within the Carlsberg Specific Planning area, the developer shall dedicate an improved park to the City. The park shall be improved and available (open) to the public as described in the Settlement Agreement and Mutual Release. Prior to approval of the Final Map, the developer shall post a bond or other security acceptable to the City for construction of the improved park. Changes to Map 8 . Any changes to the Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Amended Carlsberg Specific Plan Zoning Code and Subdivision Ordinance. Cable Service 9 . Television cable service shall be provided to all residential units consistent with existing cable system requirements . Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. I -• •• • . • �. 10 . If any archeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development' s written concurrence of the recommended A: \CND4977 . 1 3 disposition before resuming development . The developer shall be responsible for the costs associated with the professional investigation. Declaration of Public Nuisance 11 . The continued maintenance of the common maintenance areas shall be subject to periodic inspection of the City. The applicant, developer or responsible Homeowners' Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance or other common maintenance facilities, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance" . The Applicant/Developer, Homeowners' Association, or each individual property owner, as applicable shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes . The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance. Phasing 12 . If the map is to record in phases, it shall be recorded in phases consistent with the approved phasing plan in the Specific Plan on the Tentative Map. Acceptance of Conditions 13 . 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. Reference to Conditions on Map 14 . 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 . A: \CND4977 . 1 4 Other Agency Requirements 15 . 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 . 16 . 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 . Image Conversion 17 . Prior to recordation of the Final Map and prior to first occupancy of each phase, the subdivider shall provide to the City an image conversion of building, landscape, public improvement, site plans or other required plans into an optical format acceptable to the City Clerk. -. . ' . - Severability 18 . If any of the condition or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. Expiration of Map 19 . 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 . Zoning Ordinance Requirements 20 . 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 A: \CND4977 . 1 5 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 . No. Asbestos Materials 21 . No asbestos pipe or construction materials shall be used within this subdivision. Hold Harmless 22 . 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. A: \CND4977 . 1 6 Title Report 23 . 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. DEVELOPMENT FEE 24 . 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, - . OT W -0 . 0 - - _ , a Development Fee as described herein (the "Development Fee") and any Capital Development Fee _ ..• -. . . - - . -.. • . .- • - = . • 6 , 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 f. • - _ • • • - ' - .-. . - _ . _ ._ . - _ . - - , • . • = - - ._ - - - - - • - _ - wait ' . • • -. ow . - • usage, the Development Fee for commercial and industrial uses 4 , '" .- . . _ - . _ _ OM Ws - - - _ - _ • - - - = . ' . - - . - - _ - -_ - ._ - . .. n - - .. ' W . - . . - . . . . . - . - . . ■ A: \CND4977 . 1 7 (previously 4785) or a subdivision Map that is recorded in • - _ •• _ . - . ' .. • - (collectively the Initial Map) or the date upon which the first subdivision m. . - . • - • - - - - . . -. . . - 0 -. - . ' .. - . - : - - ■ . - -. . - whichever occurs first . The total amount of $324, 339, as - . - - - I issuance of the first builds-ng permit for any commercial or industrial use within the boundaries of the Subsequent Map, shall be so conditioned. (SA-5&6) Grading 25 . 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 dispense with this condition. 26 . 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. 27 . Landform and grading design shall be consistent with the City of Moorpark grading standards in effect on September 7, 1994 . 28 . 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 . 29 . Planned structures, roadways, paths, vegetation, irrigation and continuing maintenance programs shall be used to stabilize manufactured slopes . 30 . Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to A: \CND4977 . 1 8 screen structures and to soften the visual appearance of the graded slope . 31 . Grading shall emphasize scenic vistas to the open space areas. 32 . - - . . - - .- • . -. • - - and, to the extent poss-ible, shall incorporate natural structure and landscape to reduce their visibility. Landscaping Cactus Wren Preservation 33 . Prior to the approval of a grading plan, initiation of rough grading, or approval of the Final Map, a proposed Habitat Restoration Plan shall be prepared by a qualified native plant ecologist, or other qualified ',professional to reduce the impacts to the cactus wren. This plan shall be reviewed and approved the City prior to grading. 34 . 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 completion of all landscaping for each phase shall be completed prior to the issuance of a Occupancy Permit for the first unit of the phase, unless otherwise modified by the Director of Community Development and consistent with this >.;intent . b. Prior to issuance of any Occupancy permit, the proportional share of the required 600 additional 15 gallon trees for mitigation of the removed Oak trees shall be planted as shown on the approved landscape plan. The location of the trees shall be spread throughout the project area and shall not block horizon views from proposed residential units . The final location of the trees shall be determined as part of the approval of the Landscape Plan. The Homeowners' Association shall be responsible for maintenance of the trees . A: \CND4977 . 1 9 c. 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. d. 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. e. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. f . 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 . g. . 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 . h. 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. i . 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 . A: \CND4977 . 1 10 j . 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. k. 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 an owners ' association, maintenance district, or similar entity accepts the responsibility. 1 . Prior to Homeowners ' 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. m. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level . n. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City' s sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans . If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed A: \CND4977 . 1 11 assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District . The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other required work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC&R' s shall also include all Conditions of Approval as well as the design guidelines as specified in the Carlsberg Specific Plan. The median on Tierra Rejada Road and Science Drive shall be maintained by a Citywide Assessment District while the parkways and entryways on all arterial and collector streets as determined by the City shall be maintained by an area wide Assessment District or homeowner' s association. Easements shall also be provided to create a minimum of five (5) feet between the sidewalk and any fence or wall along the side or rear lot lines along the tract entries from Science Drive. o. The use of native and/or drought-tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities . P. Exotic plants which are known to spread beyond their - original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. q. Prior to recordation, the final parcel map shall indicate all landscape planting and maintenance easements . Said easement shall encompass all man-made slopes adjacent to said lots . r. The landscape plan shall contain plans and specifications including irrigation for the additional trees to be A: \CND4977 . 1 12 planted in the open space areas as required in the Amended Specific Plan. Calleguas Release 35 . 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. Unconditional Availability Letter 36 . 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. Cross Connection Control Devices 37 . 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 . Utility Bond 38 . 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 A: \CND4977 . 1 13 the nearest off-site utility pole with the exception of 66 KVA or larger power lines. All above grade utility fixtures shall be placed adjacent to landscaped areas and shall be screened on three sides . The subdivider shall indicate in writing how this condition will be satisfied. Fees, Contributions and Deposits Condition Compliance Deposit 39 . Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. Payment of Outstanding Costs 40 . Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs . Lighting 41 . 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) Citywide Mitigation Fee 42 . 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, Developer 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 A: \CND4977 . 1 14 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) The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Developers 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, Developers shall make a written request of City that they decide whether or not to make the election, and City shall notify Developers of their decision within thirty (30) days after receipt of the request . (SA-8) The Mitigation Fee, if collected, may be expended by City in their sole and unfettered discretion; provided, however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps/Tierra Rejada Road only) , TC14 (cost of signal installation or modification at State Route 23 southbound ramps/Tierra Rejada Road only) and TC17 . (SA-8) Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the SEIR that will be installed by others but for which Developers 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 Developers at their sole cost and expense, without off-set A: \CND4977 . 1 15 against the AOC Fee or the Mitigation Fee. The second Tierra Rejada westbound and eastbound lanes identified in the SEIR have been constructed by City (the "Widening Project") . Developers shall have no financial obligation with respect to the Widening Project except as provided in the Settlement Agreement; provided, however, Developer shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "B"of the Settlement Agreement . (BA-9) 43 . Other fees are listed under the heading "City Engineer Department Conditions . " CITY ENGINEERING CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GENERAL 44 . Tract 4974 shall have been recorded and all infrastructure improvements, required by the conditions of approval for that tract, shall be completed. 45 . All areas to be commonly maintained including Open Space Areas and all parks, as determined by the City, shall be designated as separate lettered lots (Parcel A, Parcel B, etc. ) on final subdivision maps . 46 . If desired by the applicant recorded phased final maps within Tentative Tract Map 4977 shall be permitted. Grading: 47 . The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. A: \CND4977 . 1 16 • 48 . Graded slopes, visible from off-site to the west shall be hydroseeded immediately upon completion consistent with the landscape concept plan. The City shall specify alternate deadlines for completion of all hydroseeding based on the grading schedule . (EIR 2-5, Ti) Concurrent with submittal of the rough grading plan an erosion, debris/siltation and dust control plan shall be sub- mitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. (EIR 2-7, HY1) Interim borrow sites shall be hydroseeded within 30 of completion of grading unless an alternate schedule is assigned by the Director of Community Development . 49 . All on-site haul routes shall be approved by the City Engineer and clearly marked on the grading plan. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only. 50 . All off-site import/export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit . 51 . The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a California Registered Civil Engineer and Geologist . 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 will be required by the City Engineer. The applicant shall reimburse the City for all costs including the City' s administrative and overhead costs . 52 . All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for A: \CND4977 . 1 17 conformance with the geologist ' s and soils engineer' s recommendations . 53 . All exploratory trenches shall be identified on the grading plan. Specific recommendations for the recompaction of these trenches shall be made as part of the geotechnical engineers report . 54 . All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council . Tract 4976 and 4977 will be graded as one project and import/export of dirt from Tract 4976 prior to final grading is permitted. (SP-16) 55 . The subdivider shall indicate in writing to the City the dis- position of any water well (s) or any other well that may exist within the project . If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements . 56 . The maximum gradient for any slope shall not exceed a 2 : 1 slope inclination except where special circumstances exist . In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development . (SP-12 2 .d. , EIR 2-6 T6) New slopes adjacent to roadways and development areas shall be graded in such a way that a contoured appearance is provided. Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. (SP-11 .2 .b. ) 57 . No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U. S . Army Corps of Engineers . 58 . All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with A: \CND4977 . 1 18 groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until established and shall minimize rectilinear form when possible. (EIR 2-6 T9) Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first . 59 . All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. (EIR 2-6, T10, SP-12 .h. ) 60 . Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet . (SP-12 .k. ) 61 . Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines unless a homeowners ' association, slope maintenance district, or similar entity is established for maintenance of such downslopes . (SP-12 . 1 . ) 62 . Interior slopes between manufactured building pads shall be designed with up-slope property lines . (SP-13 .m. ) 63 . -. . - - - _ - - ' - _ - - - - - - - . ,_ Figure 22 , dated 10-12-94) 64 . All areas of impact to the coastal sage scrub shall be delineated on the grading plan. All areas in which A: \CND4977 . 1 19 revegetation efforts will occur shall also be identified and provisions to protect the revegetation area shall be included within the grading plan as approved by the Director of Community Development . (EIR 2-9, B2) 65 . 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 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 oak trees . When it is determined which oak 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 . For the zone between the six foot radius from the tree trunk and the drip line 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 A: \CND4977 . 1 20 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. 66 . 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 67 . The storm drain system will be designed to accommodate 50-year storm flows . 68 . 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 A: \CND4977 . 1 21 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 50-year frequency storm; c . All catch basins shall carry a 50-year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e . All culverts shall carry a 100-year frequency storm; f . Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50-year frequency storm, all residential streets shall be provided with a minimum of one travel lane with a goal that local, residential and private streets shall have one dry travel lane available on interior residential streets . Collector streets shall provide a minimum of one dry travel lane 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; A: \CND4977 . 1 22 i . All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j . If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels . k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right-of-way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right-of-way are to be maintained by the Property-Owners ' Association. or as 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. n. This hydraulic/hydrology study shall analyze the hydraulic capacity of the existing drainage system with and without the storm drain system for the proposed development . The applicant shall make any downstream improvements, required by the City to support the proposed development of Tract 4977 . 69 . 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. A: \CND4977 . 1 23 c . Hydrology calculations shall be per current Ventura County Standards . 70 . 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. Where applicable these facilities must also be acceptable to the Ventura County Public Works Agency. (EIR 2-7, HY3 71 . 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 72 . 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 . Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion of all units in the tract . The street improvements shall include concrete curb and gutter, sidewalk, median(s) , street lights, traffic signals, striping and signing, interim striping and traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. 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 A: \CND4977 . 1 24 dated 9-7-94 or as otherwise provided in the Settlement Agreement of the same date. (In the case of any conflicts, the Settlement Agreement shall take precedence over the design and timing for construction of all improvements and or payments for improvements. ) Spring Road 73 . 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) 74 . Prior to the issuance of the first zone clearance for occupancy for Tract 4977 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. An additional two (2) foot pedestrian easement, for sidewalk purposes, shall be provided outside and adjacent to the easterly Spring Road right of way. The easement shall extend from Tierra Rejada Road to Christian Barrett Road and shall be shown on the final map. Prior to the issuance of the zone clearance for occupancy of the 55th residential unit in Tract 4977, Spring Road improvements south of Peach Hill Road to Tierra Rejada Road will be completed. (SP-16 3 .b. par. 3) Science Drive 75 . 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. A: \CND4977 . 1 25 76 . Science Drive, including the Peach Hill Road 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 Tract 4977 (TC3) . North leg intersection improvements at Science Drive and Tierra Rejada Road shall also be completed at this time . The improvements shall provide westbound right-turn lane, eastbound left-turn lane, southbound left-turn lane, and southbound right-turn lane (project share 100 percent) (EIR 2- 11, TC4, SA-pg. 9 par. 1) . (0) . 1 77 . The developer is to fully construct the Science Drive/Peach Hill Road Intersection and provide northbound left-turn lane, shared northbound through/right turn lane, shared southbound through/right turn lane, eastbound left-turn lane, shared eastbound right-turn /through lane, westbound left turn lane and shared westbound through/right turn lane. (EIR 2-11, TC3) The developer' s traffic engineer shall verify that no Level of Service decreases shall occur as a result of the shared westbound through/right turn lane. Should a Level of Service D result at this intersection then the developer shall provide the City adequate right of way and construct a dedicated westbound right turn lane onto Science Drive. 78 . The developer is to fully construct the north leg of intersection of Science Drive/Tierra Rejada Road and provide westbound right-turn lane, eastbound left-turn lane, southbound left-turn lane, and southbound right-turn lane (project share 100 percent) (EIR 2-11, TC4 , SA-pg. 9 par. 1) . 79 . The developer is to fully construct the Science Drive/Peach Hill Road Intersection and provide northbound left-turn lane, northbound through lane, southbound through lane, southbound right-turn lane, eastbound left-turn lane, and eastbound right-turn lane. (EIR 2-11, TC3) (0) . 0 . 1 80 . Left turn storage lanes are required at all intersections along Science Drive as shown on the Amended Specific Plan. No other median breaks are allowed. 81 . All driveways shall be located on lots such that no portion of the driveways shall be closer than 65 feet to the closest beginning of curve radius for the intersection with Science Drive (This may require shifting of some lots or lot lines) . Easements and landscaping shall also be provided at the A: \CND4977 . 1 26 intersection with Science Drive to enhance the tract entries, subject to the approval of the Director of Community Development. Tierra Rejada Road 82 . Tierra Rejada Road adjacent to Tract 4977 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 shall include 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 to the SR-23 freeway, shall be constructed prior to issuance of the first zone clearance for occupancy for residential units in Tract 4977 . (TC4 , SA-9 par. 1) Other: 83 . Traffic signals at the following intersections; 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 Tract 4977 (TC13 . , TC14 . , TC15 . and TC16) . Payment of the AOC fee shall represent payment in full of the applicant ' s fair share amount for those improvements . 84 . 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 costs of Tierra Rejada Road; 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%) . SR-23 improvements and other fees : 85 . 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 A: \CND4977 . 1 27 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) 86 . 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) . 87 . Applicant to pay fair share of the costs to improve State Route 23 southbound ramps/Tierra Rejada Road signal (Payment of the Mitigation fee as described in the Settlement Agreement shall represent payment of the applicants "fair share" (EIR 2- 13 TC14, SA-8, SP-18 par. 1) 88 . 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) 89 . 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) 90 . 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) 91 . Prior to the issuance of the first building permit for residential use within Tract 4977, the 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. (SA-6) Payment of the AOC Fee shall represent payment in full of the A: \CND4977 . 1 28 "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) 92 . The applicant shall include bus stop turnouts in the final street improvement plans if required by the Director of Community Development . (EIR 2-16, A8) The final location of the bus turnoutand facilities shall be approved by the Director of Community Development . 93 . 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 developer' s 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. 94 . Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements . 95 . The subdivider shall provide slope easements for road main- tenance purposes along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet . rovemen-t s 96 . The final map shall indicate the location of all trail easements . The minimum widths of said easements shall be a minimum of 12 feet wide. The trail easements shall be offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements . Once the trails have been built, the developer shall maintain A: \CND4977 . 1 29 the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years . After that time, the owners ' association, maintenance district, or similar entity shall be responsible for maintaining the trails . Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. 97 . The developer shall submit a trails plan concurrent with the grading plan. The plan shall provide for all trails to be completed with the appropriate grading and landscaping for the construction phase. 98 . 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) 99 . 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. 100 . Any right-of-way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense . 101 . 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. New parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. A: \CND4977 . 1 30 102 . 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 . 103 . Special tract entry landscaping, involving variations in paving material, - - •-• - _ - • - circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Develop- ment . (SP-24 4 . par. 3) 104 . 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 surety agreement shall also include provisions for all off-site improvements along the entire frontage of Tract 4977 and other offsite improvements which require mitigation as described herein. 105 . The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 106 . 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 107 . Utilities, facilities and services for Tract 4977 will be extended and/or constructed in conjunction with its phased development by the 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 . for maintenance. (SP-14) b. Prior to recordation of a final map, the City, Calleguas A: \CND4977 . 1 31 Municipal Water District and Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and/or Ventura 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 Tract 4977 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 tract . Natural gas service will be provided by Southern California Gas . Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell . Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. (SP-14) OTHER 108 . If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to 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 A: \CND4977 . 1 32 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. 109 . The 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: 110 . The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 111 . The subdivider shall offer to dedicate to the City of Moor- park, public use, all right-of-way for public streets . 112 . The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Spring Road, Tierra Rejada Road, Peach Hill Road and Science Drive except for access locations approved by the Amended Specific Plan or subsequent action of the City Council . 113 . 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. . 0. Y : _ - - - ._ . - . - - 0- : . : its successors, heirs, and assigns agree-ing to participate in the formation of an ass-essment district or other financing . - - - •. - . , •• - .. -• ., - .: . - - . A: \CND4977 . 1 33 - • • , . • - • •■ • - . . __ - • • - or indirectly affec rc—cicvelopment . . - . •_ _ ' ' _• • . - . - . ' __ ■ - - anteeing all public improvements shall be provided. The sureties shall remain in place for one year following accep- tance of the public improvements by the City. Enforcement of Vehicle Codes 116 . Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107 . 7 . DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 117 . 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) 118 . 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 . 119 . Work conducted during the school year shall be coordinated with the Moorpark Unified School District and the City Engineer. No construction, detours or obstructions shall be allowed on Peach Hill Road, Science Drive or Spring Road during the regular school year between the hours of 8 : 00-9 : 00 A.M. and 3 : 00-4 : 00 P.M. 120 . 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) 34 121 . All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 122 . During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes . 123 . 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 . g. When appropriate, seed exposed surfaces with a fast- growing, soil-binding plant to reduce wind erosion and its contribution to local particulate levels . A: \CND4977 . 1 35 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) 124 . The developer shall request that all employees involved in grading operations on the project wear face masks during dry periods . (EIR 2-15, A3) 125 . Maintain equipment engines in good condition and in proper tune as per manufacturers ' specifications to prevent excessive emissions . (EIR 2-16, A4) 126 . All diesel engines used in construction equipments should use high pressure injectors . (EIR 2-16, A5) 127 . All diesel engines used in construction equipments should use reformulated diesel fuel . (EIR 2-16, A6) 128 . 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) 129 . During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards . 130 . Construction activities shall be limited to weekdays between the hours of 7 : 00 A.M. and 7 : 00 P.M. and Saturdays from 9 : 00 A.M. to 5 : 00 P.M. Construction inspection ourtside regular City working hours may require a premium be paid for overtime of City inspectors. No construction activities shall occur on Sundays . (EIR 2-19, N1) 131 . 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) A: \CND4977 . 1 36 132 . 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) 133 . The developer shall ensure that construction equipment is fitted with modern sound-reduction equipment . (EIR 2-19, N4) 134 . 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 . 135 . 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: 136 . Reproducible centerline tie sheets shall be submitted to the City Engineer' s office. 137 . 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. 138 . A copy of the recorded Map (s) shall be forwarded to the City Engineer for filing. 139 . 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 A: \CND4977 . 1 37 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. 140 . A drainage swale shall be constructed behind the existing slough wall located on the south side of Peach Hill Road. The swale shall empty into an drainage device as approved by The City Engineer. 141 . 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 142 . 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. 143 . All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13 ' 6") . 144 . Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 145 . Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District Private Road Guidelines . 146 . The access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 147 . The private road (s) shall be named if serving more than two 38 (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. 148 . 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 . 149 . 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 . 150 . 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 . 151 . Prior to combustible construction, where required by the Fire District, there shall be two ingress/egress points for each lot . The location and construction of these ingress/egress points shall be approved by the Fire Department . Phase One of Tentative Tract No. 49745 shall complete Science Drive from Tierra Rejada Road to Peach Hill Road prior to combustible construction. 152 . All water mains and applicable hydrants shall be installed prior to combustible construction. Fire Flow requirements shall be calculated for each project individually. 153 . A fuel modification zone shall be maintained 100 feet wide in accordance with the requirements of the Fire District . The Homeowners' Association shall be responsible for maintenance of the fuel modification zone. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 154 . Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Prior to approval of the first phase of the Final Map, the A: \CND4977 . 1 39 developer shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen berm and drought tolerant landscaping to minimize visual impacts . The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. An irrigation system shall be established for the landscaping; however, irrigation can be discontinued after landscaping has become established and irrigation water is no longer required, upon written approval of the Director of Community Development . - .. : -. . - end . - ' . . - - . ._ . 0 . - - - ., _ provide two bus turnouts. One bus turnout located on Science D . _ _ . . - _ _ - ' _._ -._. . .. - - . . . .■ .- . _ . -. . - . - . GO -- - - . „ - _ -.. . - - Drive. A: \CND4977 . 1 40