HomeMy WebLinkAboutAGENDA REPORT 1996 1002 CC REG ITEM 08A ,.7, a . ot) (JL )
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ACTION: �,A.// / A
City of Moorpark _ (24414440.6t4
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TO: The Honorable City Council �1
FROM: Paul Porter, Senior Planner / �
��
Nelson Miller, Director of Community Developme All X �
DATE: September 19, 1996 (CC meeting of October 2, 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 held a public hearing on these Tentative Tract
Maps on September 18, 1996, directed staff to make revisions to
the Conditions of Approval and prepare a resolution approving the
Tentative Maps and continued to the public hearing to October 2 ,
1996 . The following revisions have been made which have been
incorporated into the Conditions of Approval . The condition
numbers correspond to the condition numbers for Tentative Tract
Map No. 4975 These changes have been completed in legislative
format and are as follows :
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 with a maximum
variation of five feet for the front setback between
adjacent lots, with no more than two adjacent lots having
the same front setback.
- - ' - - . - - • . .
4 . As part of a approval—of a Residential Planned Development
-- ' , - . - - oper 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
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centr. • . .d • . • - wise—determined by-the—eity7
an. t. - 'ed—for—a—future recreational
are-a-r-
A revised condition regarding an in-lieu fee for community
recreational facilities is still being negotiated between the
City Manager and the Developer. This language will be provided
to the City Council prior to the City Council meeting
Covenants, Conditions and Restrictions
5. 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
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 .
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Landscaping
33 .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, maintenance district, or similar entity
shall be responsible for maintenance of the trees .
A condition 33 . s . is recommended to be added to the landscaping
condition to address maintenance responsibilities and timing of
acceptance . This condition is still being negotiated between the
City Manager and the developer.
67 . So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall, approxi-
mately 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 . Provisions shall be made
in the CC&R' s for the maintenance of the slough walls. The
slough walls shall be maintained by the same entity
responsible for maintaining the adjacent slope.
STREET IMPROVEMENTS
73 . The applicant shall submit to the City of Moorpark for
review and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete the improvements; and
shall post sufficient surety guaranteeing the construction
of the improvements . Street improvements and median and
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parkway landscaping shall not be accepted by the City for
maintenance until completion of all units in the tract,
unless determined otherwise by the City.
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 . )
95 . 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.
The approximate length and location of the trails consistent
with Exhibit 8 of the Amended Specific Plan, shall be
constructed of native soil with approximately a three foot
width with redwood headers rather than decomposed granite.
The width and construction standards of the trails shall be
modified from that as shown in the Amended Specific Plan.
The precise location, size and type of construction of the
trails shall be subject to the review and approval of the
Director of Community Development .
Processing Expiration Date
The processing expiration date of this project is November 5,
1996
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STAFF RECOMMENDATIONS:
1 . Accept public testimony and close the public hearing.
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 for each of the entitlements
requested by the applicant .
4 . Approve the attached resolution approving Tentative Tract
Map Nos . 4975, 4976, 4977 and 4980 .
Attachment : Draft Resolution
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000.48
RESOLUTION NO. CC-96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING 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 for Tentative Tract Map Nos . 4975, 4976, 4977 and 4980
and adopted Resolution No. 96-324 recommending to the City Council
conditional approval of the projects; and
Whereas, at a duly noticed hearing on September 18, 1996 and
October 2 , 1996, the City Council considered the application for
approval of Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 for
the following:
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.
A:\CC.RES 1 0 V C 14
Whereas, at its meeting of September 18, 1996, the City
Council opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing on October 2 ,
1996 .
Whereas, the City Council after review and consideration of
the information contained in the Planning Commission staff report
dated August 12 , 1996, the City Council staff reports dated
September 12, 1996 and September 19, 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 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
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the following
findings :
- . , - * • 9 11- , - • - ' ? • ' q .
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 .
A:\CC.RES 2 00C ■ 50
2 . That the design and improvements of the proposed
subdivisions are consistent with the applicable general
and specific plans .
3 . The site is physically suitable for the type of
development proposed.
4 . The design of the subdivisions and the proposed
improvements are not likely to cause substantial
environmental damage.
5 . The design of the subdivisions and the type of
improvements are not likely to cause serious public
health problems .
6 . The design of the subdivisions and the type of
improvements would not conflict with easements acquired
by the public at large, for access through, or use of the
property within the proposed subdivisions .
7 . There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seg_
SECTION 2 . The City Council 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 City Council hereby conditionally
approves 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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thAa i
SECTION 4 . That the City Engineer is authorized to set the
number of loads and the haul route for grading operations .
The action of the foregoing direction was approved by the following
roll vote :
AYES :
NOES :
PASSES, APPROVED, AND ADOPTED THIS 2ND DAY OF OCTOBER, 1996 .
Paul W. Lawrason Jr.
ATTEST:
Lillian E. Hare
City Clerk
Attachment No. 1 : Conditions of Approval
A:\CC.RES 4
0'0(115.4
1
Tentative Tract Map No. 4975 Conditions :
DEPARTMENT OF COMMUNITY DEVEL_OP_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:
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.
; -. -11- s . : - . .- ' . • . - . - U . . . A . A - •.
.n. - ' .f . 050 ' . .• . .. . • 4 .. . -. : - ' . - • ' -
Planned
Planned Development Permit
2 . This Tentative Map shall not record until : A) Tentative Tract
Map No. 4974 records; B) A Residential Planned Development
Permit is approved; and 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 with a maximum variation of
five feet for the front setback between adjacent lots, with no
more than two adjacent lots having the same front setback.
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000153
11.1P•=41 hail.im1.niamarftwastz Zl .tt :twoimiC%*114111
. a Residential Planned Development
• - : `. . . - , -- -„ ' _ - ._ - - -,. .,
Covenants, Conditions and Restrictions
5 . 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 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
6 . 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
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000.54
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
7 . 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
8 . 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
9 . 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
disposition before resuming development . The developer shall
be responsible for the costs associated with the professional
investigation.
Declaration of Public Nuisance
10 . 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
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000155
(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
11 . If the map is to record in phases, it shall be recorded in
phases consistent with the approved phasing plan on the
Tentative Map.
Acceptance of Conditions
12 . 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
13 . 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 .
Other Agency Requirements
14 . 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 .
15 . 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 .
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0001.56
Image Conversion
16 . 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
17 . 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
18 . 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
19 . As of the date of recordation of Final Map, the lots/parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the Tentative Map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and/or Specific Plan nor compel the
legislative body to make any such amendments, except as
provided in the Settlement Agreement dated September 7, 1994 .
No. Asbestos Materials
20 . No asbestos pipe or construction materials shall be used
within this subdivision.
Fiol d Hsrml PqR
21 . The subdivider shall defend, indemnify and hold harmless the
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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.
Title Report
22 . 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
23 . 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, , a Development Fee as described herein (the
"Development Fee") and imposed on similar construction. The
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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.
Grading
24 . 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 dispense with this condition.
25 . 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.
26 . Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994 .
27 . 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.
28 . Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes .
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29 . Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope .
30 . Grading shall emphasize scenic vistas to the open space areas.
Landscaping
Cactus Wren Preservation
31 . 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.
32 . Prior to grading permit approval a complete landscape plan (2
sets) , together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect,
generally in accordance with the 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
proposed residential units . The final location of the
trees shall be determined as part of the approval of the
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00 016°
Landscape Plan. The Homeowners' Association, maintenance
district, or similar entity 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 .
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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: \4975 . 2 10
000162
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
planted in the open space areas as required in the
Amended Specific Plan.
A: \4975 .2 11 000163
t • - * � - • - “- q
Calleguas Release
33 . Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees .
Unconditional Availability Letter
34 . Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot . Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
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
35 . At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1 .
Utility Bond
36 . Prior to approval of a Final Map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off-site utility
pole. All existing utilities shall also be undergrounded to
the nearest off-site utility pole with the exception of 66 KVA
or larger power lines . All above grade utility fixtures shall
be placed adjacent to landscaped areas and shall be screened
A: \4975 . 2 12
00U164
on three sides . The subdivider shall indicate in writing how
this condition will be satisfied.
Fees" Contributions and Deposits
Condition Compliance Deposit
37 . Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
Payment of Outstanding Costs
38 . 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
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)
Vernal Pool
40 . When water is present in the 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
41 . As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, 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
A: \4975 .2 13
000165
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
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
A: \4975 . 2 14
(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)
42 . 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
43 . Tract 4974 shall have been recorded and all infrastructure
improvements, required by the conditions of approval for that
tract, shall be completed.
44 . 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:
45 . The applicant shall submit to the City of Moorpark for review
A: \4975 .2 15
0001.67
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.
46 . 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)
47 . 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 .
48 . 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.
49 . 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 .
50 . All recommendations included in the geotechnical and geology
reports shall be implemented during project design, grading,
A: \4975 .2 16 q
000168
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 .
51 . 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 .
52 . 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)
53 . 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 .
54 . 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)
55 . 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. )
56 . No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U. S . Army Corps of Engineers .
• 0001
A: \4975 .2 17
57 . All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible. (EIR 2-6 T9)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity.
These measures will apply to temporary grading activity that
remains or is anticipated to remain unfinished or undisturbed
in its altered condition for a period of time greater than
sixty days or the beginning of the rainy season whichever
comes first .
58 . All development areas and lots shall be designed 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. )
59 . Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet . (SP-12 .k. )
60 . Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners ' association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes . (SP-12 . 1 . )
61 . Interior slopes between manufactured building pads shall be
designed with up-slope property lines . (SP-13 .m. )
62 . To further reduce direct and indirect impacts to the Orcutt
grass and vernal pool, no development (with the exception of
drainage control features) shall occur within 100 feet of the
A: \4975 .2 18
' 00(.1170
upper limits of the pool . (EIR 2-9, Si)
63 . 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)
64 . 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
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.
00(./17.1
A: \4975 . 2 19
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.
65 . So as to reduce debris from entering sidewalk and streets, the
approved grading plan shall show a slough wall, approximately
18 inches high, with curb outlet drainage to be constructed
behind the back of the sidewalk where slopes exceeding 4 feet
in height are adjacent to sidewalk. The developer shall use
the City' s standard wall detail during design and
construction. All material for the construction of the wall
shall be approved by the City Engineer and Director of
Community Development . Provisions shall be made in the
CC&R' s for the maintenance of the slough walls . The slough
walls shall be maintained by the same entity responsible for
maintaining the adjacent slope
A: \4975 .2 20 00(14.7Z
STORM RUN-OFF
66 . The storm drain system will be designed to accommodate 50-year
storm flows .
67 . The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements .
The plans shall depict all on-site and off-site drainage
structures required by the City. (EIR 2-7, HY2)
The drainage plans and calculations shall indicate the
following conditions before and after development :
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows :
b. All storm drains shall carry a 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, 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: \4975 . 2 21 000173
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.
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 4975 .
68 . The applicant shall demonstrate for each building pad, to the
A: \4975 . 2 22 0001.74
satisfaction of the City Engineer, as follows :
a. Adequate protection from a 100-year frequency storm; and
b. Feasible access during a 50-year frequency storm.
c . Hydrology calculations shall be per current Ventura
County Standards .
69 . 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)
70 . 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
71 . 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, unless determined
otherwise by the City.
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
A: \4975 . 2 23 000175
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
72 . 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
73 . 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-i" of Exhibit 9 of the Carlsberg
Specific Plan (revised 9-7-94) .
74 . 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 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) . 1
0001,76
24
75 . 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 .
76 . 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.
77 . 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
78 . 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
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
25 000137
residential units in Tract 4975, SA-9 par. 1)
Other:
79 . 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 .
80 . 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%) .
81 . 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)
82 . 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 .
83 . 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 .
26 0001:78
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.
84 . 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 .
85 . 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 .
86 . 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)
87 . 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)
88 . Applicant to pay fair share of the costs for the signal recon-
structions at Spring Road/Tierra Rejada Road, (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection) . (SA-7
par. 2) .
89 . Applicant to pay fair share of the costs to improve 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)
27 00017S
90 . Applicant to pay fair share of the costs for the signal
installations at Moorpark Road/Tierra Rejada Road (Payment of
the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection (SA-7 par.
2 , EIR 2-13 TC14)
91 . Applicant to fully install the signals at Science Drive/Tierra
Rejada Road (Payment of the AOC fee shall represent payment
"in full" of the applicants fair share amount for this
intersection. (SA-7 par. 2 , EIR 2-13 , TC15)
92 . The project developer shall contribute a fair share to
improvements to County roadways or related facilities (cost of
signal installation or modification at State Route 23 south-
bound ramp/Tierra Rejada Road only) if a reciprocal agreement
between the County of Ventura and the City of Moorpark
addressing said matter is approved. (Payment of the Mitigation
fee as described in the Settlement Agreement shall represent
payment of the applicants "fair share") . (SP-18, TC-14, TC-17)
93 . 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.
94 . 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 .
The approximate length and location of the trails consistent
with Exhibit 8 of the Amended Specific Plan, shall be
constructed in native soil with approximately a three foot
width rather than decomposed granite. The width and
28 000160
construction standards of the trails shall be modified from
that as shown in the Amended Specific ;.Plan. The precise
location, size and type of construction of the trails shall be
subject to the review and approval of the Director of
Community Development .
95 . Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1-1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. 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.
96 . Any right-of-way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense .
97 . Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as 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 .
98 . The applicant shall submit wall and landscaping plans and a
copy of the CC&R' s showing that provisions have been taken to
provide for and maintain proper sight distances .
99 . Special tract entry landscaping, , shall be approved by the
Director of Public Works and Director of Community Develop-
ment . (SP-24 4 . par. 3)
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, landscaping, parks, fencing, bridges, etc . ) or
which require removal (i .e . , model homes, temporary debris
29 . 00 '1- i1
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.
101 . The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
UTILITIES
102 . 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 .
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
30 000182
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
103 . 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.
104 . The subdivider shall pay all County fees related to Computer-
aided Mapping System (CAMS) .
31 000183
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
105 . The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
106 . The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right-of-way for public streets .
107 . 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 .
108 . 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.
Enforcement of Vehicle Codes
109 . 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:
110 . 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)
111 . 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.
32 .000184
112 . 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.
113 . 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)
114 . All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
115 . During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes .
116 . 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 .
33 QOQ.t8:.�
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)
117 . The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods . (EIR 2-15, A3)
118 . Maintain equipment engines in good condition and in proper
tune as per manufacturers ' specifications to prevent excessive
emissions . (EIR 2-16, A4)
119 . All diesel engines used in construction equipments should use
high pressure injectors . (EIR 2-16, A5)
120 . All diesel engines used in construction equipments should use
reformulated diesel fuel . (EIR 2-16, A6)
121 . 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)
122 . During site preparation and construction, construct temporary
34 000186
storm water diversion structures per City of Moorpark
standards .
123 . 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 outside 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)
124 . 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)
125 . 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)
126 . The developer shall ensure that construction equipment is
fitted with modern sound-reduction equipment . (EIR 2-19, N4)
127 . 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 .
128 . 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:
129 . Reproducible centerline tie sheets shall be submitted to the
City Engineer' s office.
35 00e1'81
130 . 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.
131 . A copy of the recorded Map (s) shall be forwarded to the City
Engineer for filing.
132 . 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.
133 . Original "as built" plans will be certified by the
applicant ' s civil engineer and submitted with two sets of blue
prints to the City Engineer' s office. Although grading plans
may have been submitted for checking and construction on
sheets larger than 22" X 36" , they must be resubmitted as "as
builts" in. series of 22" X 36" mylars (made with proper
overlaps) with a title block on each sheet . Submission of "as
builts" plans is required before a final inspection will be
scheduled.
FIRE DEPARTMENT CONDITIONS
134 . Prior to combustible construction, all weather access
road/driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
135 . All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13 ' 6") .
OOQISS
36
136 . Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
137 . Two (2) means of ingress/egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines .
138 . The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
139 . The private road (s) shall be named if serving more than two
(2) parcels or is longer than 299 feet. Prior to recordation
of street names, proposed names shall be submitted to the Fire
District ' s Communications Center for review.
140 . Street name signs shall be installed in conjunction with the
road improvements . The type of sign shall be in accordance
with Plate F-4 of the Ventura County Road Standards.
141 . Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project .
142 . Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures .
143 . 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. 4975 shall complete Science Drive from
Tierra Rejada Road to Peach Hill Road prior to combustible
construction.
144 . All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
145 . 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.
37 0001.89
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
GENERAL REQUIREMENT:
146 . 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 .
38 000.,E
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:
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.
; -. -N- * • • .. ' .• . - . - U. . 1. 1, . . ..
.��. - ' . . • •1. , .. • 8 .. • • 4 .. • -. ; - . . - .
Planned Development Permit
2 . This Tentative Map shall not record until : A) Tentative Tract
Map No. 4974 records; B) A Residential Planned Development
Permit is approved; and 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 with a maximum variation of
five feet for the front setback between adjacent lots, with no
more than two adjacent lots having the same front setback.
A: \4976 . 2 1
00(1W-
Requirement for Private Recreational Area
4 . As part of a approval of a Residential Planned Development
Permit, the developer shall provide a private recreational
_. .. - _. - . : ... , . . - .
' - . . -. . - . - . - „ - • - - - - - -. .. - - - - . , . - .
Covenants, Conditions and Restrictions
5 . 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 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
6 . 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
A: \4976 .2 2
0001.52
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
7 . 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
8 . 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
9 . 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
disposition before resuming development . The developer shall
be responsible for the costs associated with the professional
investigation.
Declaration of Public Nuisance
10 . 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
A: \4976 .2 3
00(11.93
(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
11 . If the map is to record in phases, it shall be recorded in
phases consistent with the approved phasing plan on the
Tentative Map.
Acceptance of Conditions
12 . 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
13 . 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 .
Other Agency Requirements
14 . 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 .
15 . 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.
A: \4976 .2 4
00W-94
Image Conversion
16 . 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
17 . 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
18 . 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
19 . As of the date of recordation of Final Map, the lots/parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the Tentative Map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and/or Specific Plan nor compel the
legislative body to make any such amendments, except as
provided in the Settlement Agreement dated September 7, 1994 .
No. Asbestos Materials
20 . No asbestos pipe or construction materials shall be used
within this subdivision.
Hold Harmless
21 . The subdivider shall defend, indemnify and hold harmless the
A: \4976 .2 5
00°1.95
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.
Title Report
22 . 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
23 . 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, , a Development Fee as described herein (the
"Development Fee") and imposed on similar construction. The
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000156
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.
Grading
24 . 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 dispense with this condition.
25 . 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.
26 . Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994 .
27 . 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.
28 . Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes .
A: \4976 .2 7 0001,37
29 . Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope .
30 . Grading shall emphasize scenic vistas to the open space areas .
Landscaping
Cactus Wren Preservation
31 . 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.
32 . Prior to grading permit approval a complete landscape plan (2
sets) , together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect,
generally in accordance with the 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, maintenance
district, or similar entity shall be responsible for
maintenance of the trees .
A: \4976 . 2 8
00,1198
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 .
j . Landscaping at site entrances and exits and at any
A: \4976 . 2 9
0001-SS
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
Assessment District . The total cost of the formation of
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000200
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.
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000201
4 • - ! Z - • -
Calleguas Release
33 . Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
Unconditional Availability Letter
34 . Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot . Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
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
35 . At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1 .
Utility Bond
36 . Prior to approval of a Final Map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off-site utility
pole. All existing utilities shall also be undergrounded to
the nearest off-site utility pole with the exception of 66 KVA
or larger power lines . All above grade utility fixtures shall
be placed adjacent to landscaped areas and shall be screened
A: \4976 . 2 12
0002°2
on three sides. The subdivider shall indicate in writing how
this condition will be satisfied.
Lighting
37 . 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
. 41. . ' .i .ii. - P- ..
38 . Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
Payment of Outstanding Costs
39 . Prior to approval of the final map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs .
Citywide Mitigation Fee
40 . As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, 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: \4976 .2 13 OOQZO3
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
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: \4976 .2 14
0002°44
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)
41 . 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
42 . Tract 4974 shall have been recorded and all infrastructure
improvements, required by the conditions of approval for that
tract, shall be completed.
43 . 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:
44 . 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.
45 . 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)
46 . Concurrent with submittal of the rough grading plan an
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000205
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 .
47 . 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.
48 . 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 .
49 . 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 .
50 . 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 .
51 . 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 .
00020/5
A: \4976 .2 16
52 . 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)
53 . 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 .
54 . 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)
55 . 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. )
56 . No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U. S . Army Corps of Engineers .
57 . All graded slopes shall be planted in a timely manner meeting
the approval of the Director of Community Development with
groundcover, trees and shrubs that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of completion of grading, shall include
temporary irrigation until established and shall minimize
rectilinear form when possible . (EIR 2-6 T9)
Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
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00020?
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to
remain unfinished or undisturbed in its altered condition for
a period of time greater than sixty days or the beginning of
the rainy season whichever comes first .
58 . All development areas and lots shall be designed 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. )
59 . Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet . (SP-12 .k. )
60 . Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners ' association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes . (SP-12 . 1 . )
61 . Interior slopes between manufactured building pads shall be
designed with up-slope property lines . (SP-13 .m. )
62 . 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 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)
63 . 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.
A: \4976 . 2 18 00020
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
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
A: \4976 . 2 19 000205
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.
64 . 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 . Provisions shall be made in the CC&R' s
for the maintenance of the slough walls . _ The slough ''walls
shall be maintained by the same entity, responsible for
maintaining the adjacent slope .
STORM RUN-OFF
65 . The storm drain system will be designed to accommodate 50-year
storm flows .
66 . 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)
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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;
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 .
A: \4976 .2 21
0002t1
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.
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 .
67 . 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 .
68 . 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
A: \4976 . 2 22
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Public Works Agency. (EIR 2-7, HY3)
69 . 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
70 . 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, unless determined
otherwise , by the City.
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
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
71 . Spring Road, south of Peach Hill Road shall, be per Ventura
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000213
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)
72 . 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
73 . 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) .
74 . 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,
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)
75 . 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)
A: \4976 .2 24
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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.
76 . 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.
77 . 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
78 . 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
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
residential units in Tract 4976 . (TC4, SA-9 par. 1)
Other Street Related Improvements:
79 . 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 4976, (TC13 . , TC14 . , TC15 . and TC16) .
Payment of the AOC fee shall represent payment in full of the
A: \4976 .2 25
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applicant ' s fair share amount for those improvements .
80 . 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%) .
81 . 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 .
82 . 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.
83 . 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 .
84 . 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
85 . 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
A: \4976 . 2 26
00021,
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.
86 . 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 .
The approximate length and location of the trails consistent
with Exhibit 8 of the Amended Specific Plan, shall be
constructed in native soil with approximately a three foot
width rather than decomposed granite. The width and
construction standards of the trails shall be modified from
that as shown in the Amended Specific Plan. The precise
location, size and type of construction of the trails shall be
subject to the review and approval of the Director of
Community Development .
87 . 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)
88 . 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)
89 . Applicant to pay fair share of the costs for the signal recon-
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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) .
90 . 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)
91 . 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)
92 . 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)
93 . 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)
94 . Prior to the issuance of the first building permit for
residential use within Tract 4976, 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: \4976 .2 28 00024,,S
95 . Where roads are to be built requiring 4 or more inches of
pavement, subdivider shall construct the required street sec-
tion minus 1-1/2 inches of paving as an interim condition
until all utility cuts or trenching is completed and the City
Engineer grants approval to accomplish this task. 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.
96 . Any right-of-way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
97 . Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as 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.
98 . The applicant shall submit wall and landscaping plans and a
copy of the CC&R' s showing that provisions have been taken to
provide for and maintain proper sight distances .
99 . Special tract entry landscaping, , shall be approved by the
Director of Public Works and Director of Community Develop-
ment . (SP-24 4 . par. 3)
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, 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 4976
and other offsite improvements which require mitigation as
described herein.
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101 . The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
UTILITIES
102 . 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
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
A: \4976 .2 30 000220
be phased in conjunction with development of-the project
area. (SP-14)
OTHER
103 . 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.
104 . 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:
105 . The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
106 . The subdivider shall offer to dedicate to the City of Moor-
A: \4976 .2 31
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park, public use, all right-of-way for public streets .
107 . 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 .
108 . 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.
Enforcement of Vehicle Codes
109 . 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:
110 . 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)
111 . 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.
112 . 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.
113 . All trucks importing or exporting fill to or from the Tract
32
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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)
114 . All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
115 . During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes .
116 . 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.
A: \4976 . 2 33
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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)
117 . The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods . (EIR 2-15, A3)
118 . Maintain equipment engines in good condition and in proper
tune as per manufacturers ' specifications to prevent excessive
emissions. (EIR 2-16, A4)
119 . All diesel engines used in construction equipments should use
high pressure injectors . (EIR 2-16, A5)
120 . All diesel engines used in construction equipments should use
reformulated diesel fuel . (EIR 2-16, A6)
121 . 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)
122 . During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards .
123 . 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, Ni)
A: \4976 .2 34
+joQ2 4
124 . 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)
125 . 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)
126 . The developer shall ensure that construction equipment is
fitted with modern sound-reduction equipment . (EIR 2-19, N4)
127 . 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 .
128 . 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:
129 . Reproducible centerline tie sheets shall be submitted to the
City Engineer' s office.
130 . 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.
131 . A copy of the recorded Map (s) shall be forwarded to the City
Engineer for filing.
132 . Sufficient surety in a form acceptable to the City guaran-
A: \4976 .2 35
000225
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.
133 . Original "as built" plans will be certified by the
applicant ' s civil engineer and submitted with two sets of blue
prints to the City Engineer' s office. Although grading plans
may have been submitted for checking and construction on
sheets larger than 22" X 36" , they must be resubmitted as "as
builts" in. series of 22" X 36" mylars (made with proper
overlaps) with a title block on each sheet. Submission of "as
builts" plans is required before a final inspection will be
scheduled.
FIRE DEPARTMENT CONDITIONS
134 . Prior to combustible construction, all weather access
road/driveway, suitable for use by a 20 ton Fire District
vehicle shall be installed. This improvement, or provisions
to guarantee its installation, shall be completed prior to
recordation.
135 . All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13 ' 6") .
136 . Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare .
137 . Two (2) means of ingress/egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines .
138 . The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
139 . The private road(s) shall be named if serving more than two
36
000226
(2) parcels or is longer than 299 feet . Prior to recordation
of street names, proposed names shall be submitted to the Fire
District ' s Communications Center for review.
140 . Street name signs shall be installed in conjunction with the
road improvements . The type of sign shall be in accordance
with Plate F-4 of the Ventura County Road Standards .
141 . Prior to recordation, the applicant shall provide the Fire
District verification from the water purveyor that the
purveyor can provide the required fire flow for the project .
142 . Applicant shall obtain VCFD Form No. 126 "Requirements For
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures .
143 . 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. 4975 shall complete Science Drive from
Tierra Rejada Road to Peach Hill Road prior to combustible
construction.
144 . All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
shall be calculated for each project individually.
145 . 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:
146 . 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: \4976 .2 37
00Q22?
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 .
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Tentative Tract Map No. 4977 Conditions :
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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.
-. -11- * • .1: - • •. ' •• • - 9 - U. • k • A . A - 41,
Completion of Conditions of_Approval for Approved Residential
Planned Development Permit
2 . This Tentative Map shall not record until : A) Tentative Tract
Map No . 4974 records; B) A Residential Planned Development
Permit is approved; and 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 with a maximum variation of
five feet for the front setback between adjacent lots, with no
more than two adjacent lots having the same front setback.
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-. ' . . •. ' . ' .bdivider shall provide a lot
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_ . _ • .- - -• or a future recreational area.
Covenants, Conditions and Restrictions
5 . 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 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
6 . 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
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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
7 . 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
8 . 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
9 . 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
disposition before resuming development . The developer shall
be responsible for the costs associated with the professional
investigation.
Declaration of Public Nuisance
10 . 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
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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
11 . If the map is to record in phases, it shall be recorded in
phases consistent with the approved phasing plan on the
Tentative Map.
Q - . - • • •• • • ••
12 . 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
13 . 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 .
• * - t• - I G -• -u- *
14 . 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 .
15 . 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
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16 . 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
17 . 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
18 . 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
19 . As of the date of recordation of Final Map, the lots/parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the Tentative Map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and/or Specific Plan nor compel the
legislative body to make any such amendments, except as
provided in the Settlement Agreement dated September 7, 1994 .
No. Asbestos Materials
20 . No asbestos pipe or construction materials shall be used
within this subdivision.
Hold Harmless
21 . 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
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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.
Title Report
22 . 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
23 . 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, , a Development Fee as described herein (the
"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
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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.
Grading
24 . 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 dispense with this condition.
25 . 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.
26 . Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994 .
27 . 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.
28 . Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes .
29 . Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope .
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30 . Grading shall emphasize scenic vistas to the open space areas .
Landscaping
Cactus Wren Preservation
31 . 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.
32 . Prior to grading permit approval a complete landscape plan (2
sets) , together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect,
generally in accordance with the 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, maintenance
district, or similar entity 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.
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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 .
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
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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
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
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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
planted in the open space areas as required in the
Amended Specific Plan.
; - . '
Calleguas Release
33 . Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
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000439
payment of all applicable fees .
Unconditional Availability Letter
34 . Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot . Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
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
35 . At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1 .
Utility Bond
36 . Prior to approval of a Final Map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off-site utility
pole. All existing utilities shall also be undergrounded to
the nearest off-site utility pole with the exception of 66 KVA
or larger power lines. 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
37 . Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
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Payment of Outstanding_Costs
38 . 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
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)
Citywide Mitigation Fee
40 . As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, 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)
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
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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
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)
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41 . 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
42 . Tract 4974 shall have been recorded and all infrastructure
improvements, required by the conditions of approval for that
tract, shall be completed.
43 . 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 .
44 . If desired by the applicant recorded phased final maps within
Tentative Tract Map 4977 shall be permitted.
Grading:
45 . 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.
46 . 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)
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
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assigned by the Director of Community Development .
47 . 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.
48 . 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 .
49 . 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 .
50 . 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 .
51 . 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 .
52 . 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
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is permitted. (SP-16)
53 . 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 .
54 . 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. )
55 . 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 .
56 . 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
A:\4977 .2 17
000245
the rainy season whichever comes first .
57 . 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. )
58 . 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. )
59 . 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 . )
60 . Interior slopes between manufactured building pads shall be
designed with up-slope property lines . (SP-13 .m. )
61 . 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 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)
62 . 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: \4977 . 2 18
000246
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
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
A: \4977 .2 19
000247
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 .
63 . 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 . Provisions shall be made in the CC&R' s
for the maintenance of the slough walls'. The slough walls
shall be maintained by the same entity responsible for
maintaining the adjacent slope .
STORM RUN-OFF
64 . The storm drain system will be designed to accommodate 50-year
storm flows .
65 . 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
A: \4977 .2 20
000a m
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;
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.
A: \4977 .2 21
00024$
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 .
66 . 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 .
67 . 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
68 . 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
A: \4977 . 2 22
00250
provisions for the Homeowner' s Association or maintenance
district to maintain any private storm drainage systems .
STREET IMPROVEMENTS
69 . 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, unless determined
otherwise by the City.
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
70 . 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)
A: \4977 . 2 23
0002
71 . 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
72 . 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.
73 . 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
74 . 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)
A: \4977 .2 24 000258.
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.
75 . The developer is to fully construct the north leg of
intersection of Science Drive/Tierra Rejada Road and provide
westbound right-turn lane, eastbound left-turn lane,
southbound left-turn lane, and southbound right-turn lane
(project share 100 percent) (EIR 2-11, TC4, SA-pg. 9 par. 1) .
76 . 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
77 . 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.
78 . 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
79 . 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
A: \4977 . 2 25
000453
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:
80 . 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.
81 . 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%) .
82 . State Route 23 northbound ramps/Tierra Rejada Road: Applicant
to pay fair share of the costs to convert the shared
northbound left-turn lane/northbound right-turn lane to north-
bound right-turn lane, and to add second northbound left-turn
lane and second northbound right-turn lane. Note : These im-
provements are required to mitigate "no-project" as well as
"with-project" conditions . Payment of the Mitigation fee as
described in the Settlement Agreement shall represent payment
of the applicants "fair share" . (EIR 2-13, TC12, SP-18 par. 1)
83 . 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) .
84 . 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)
A: \4977 .2 26
000454
85 . 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)
86 . 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)
87 . 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)
88 . 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
"fair share" amounts required by traffic mitigation measures
TCG, 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)
89 . 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 .
90 . 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 .
A: \4977 .2 27
000255
1
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.
91 . 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 .
92 . 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 .
93 . 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.
94 . 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.
The approximate length and location of the trails consistent
with Exhibit 8 of the Amended Specific Plan, shall be
constructed in native soil with approximately a three foot
width rather than decomposed granite . The width and
construction standards of the trails shall be modified from
A: \4977 . 2 28
000256
that as shown in the Amended Specific Plan. The precise
location, size and type of construction of the trails shall be
subject to the review and approval of the Director of.
Community Development .
95 . 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)
96 . 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.
97 . Any right-of-way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense .
98 . 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.
99 . 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 .
100 . Special tract entry landscaping, , shall be approved by the
Director of Public Works and Director of Community Develop-
ment . (SP-24 4 . par. 3)
101 . The subdivider shall post sufficient surety guaranteeing
A: \4977 . 2 29
000Z37
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.
102 . The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
UTILITIES
103 . 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
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: \4977 .2 30
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
104 . If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457 .
a. Notify the City of Moorpark (hereinafter "City") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462 . 5 .
b. Supply the City with (I) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250 . 310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value of
the interest to be acquired, and (iv) a current
Litigation Guarantee Report .
c. Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the applicant will pay all of the
City' s cost (including, without limitation, attorney' s
fees and overhead expenses) of acquiring such an interest
in the land.
105 . The subdivider shall pay all County fees related to Computer-
A: \4977 . 2 31
000259
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, 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 .
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.
Enforcement of Vehicle Codes
110 . 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:
111 . 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)
112 . 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 .
32
0002E0
113 . 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.
114 . 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)
115 . All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
116 . During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes .
117 . 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 .
A: \4977 .2 33
0002E1
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)
118 . The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods . (EIR 2-15, A3)
119 . Maintain equipment engines in good condition and in proper
tune as per manufacturers ' specifications to prevent excessive
emissions . (EIR 2-16, A4)
120 . All diesel engines used in construction equipments should use
high pressure injectors . (EIR 2-16, A5)
121 . All diesel engines used in construction equipments should use
reformulated diesel fuel . (EIR 2-16, A6)
122 . 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)
123 . During site preparation and construction, construct temporary
A: \4977 .2 34
000262
storm water diversion structures per City of Moorpark
standards.
124 . 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)
125 . 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)
126 . 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)
127 . The developer shall ensure that construction equipment is
fitted with modern sound-reduction equipment . (EIR 2-19, N4)
128 . 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 .
129 . 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:
130 . Reproducible centerline tie sheets shall be submitted to the
City Engineer' s office.
A: \4977 . 2 35
0 0O263
131 . The applicant shall file for a time extension with the City
Engineer' s office at least six weeks in advance of expiration
of the agreement to construct subdivision improvements . The
fees required will be in conformance with the applicable
ordinance section.
132 . A copy of the recorded Map (s) shall be forwarded to the City
Engineer for filing.
133 . 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.
134 . 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.
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.
36 0002'064
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.
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 . Phase One of
Tentative Tract No. 497 shall complete Science Drive from
Tierra Rejada Road to Peach Hill Road 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
A: \4977 . 2 37
Homeowners' Association shall be responsible for maintenance
of the fuel modification zone.
VENTURA 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
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 .
A: \4977 .2 38
000266
*. - • — U. • li• . 4.230_
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 of Tentative Tract Map Nos. 4973 and
Completion of Conditions of Approval for Approved Residential
. I !—. •— •i11— s '— 11 '
2 . This Tentative Map shall not record until : A) Tentative Tract
Map No. 4974 records; B) A Residential Planned Development
Permit is approved; and 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 with a maximum variation of
five feet for the front setback between adjacent lots, with no
more than two adjacent lots having the same front setback.
A: \4980 .2 1
13,egtuiremeni for Private RPc'reational Area
-, • . , •. - • -- _• • _ .•• , •w , • • _ •
- - - -. • • _ -V • _ - • - - -n - - o- - - - -. •♦ - - - - • , _
Covenants, Conditions and Restrictions
5 . 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 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
6 . 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
A: \4980 .2 2
000268
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
7 . 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
8 . 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
9 . 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
disposition before resuming development . The developer shall
be responsible for the costs associated with the professional
investigation.
Declaration of Public Nuisance
10 . 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
A: \4980 . 2 3
000269
(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
11 . If the map is to record in phases, it shall be recorded in
phases consistent with the approved phasing plan on the
Tentative Map.
Acceptance of Conditions
12 . 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 Man
13 . 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 .
• I - t• - • : -• -11- 4
14 . 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 .
15 . 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 .
A: \4980 .2 4 000270
II • - • � - .�
16 . 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
17 . 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.
18 . 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 .
• � ' �• • � ' �- � - ; -• . ' -u- •
19 . As of the date of recordation of Final Map, the lots/parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and Specific Plan then applicable to the property.
Conditional approval of the Tentative Map shall neither limit
the power of the legislative body to amend the applicable
zoning ordinances and/or Specific Plan nor compel the
legislative body to make any such amendments, except as
provided in the Settlement Agreement dated September 7, 1994 .
No. Asbestos Materials
20 . No asbestos pipe or construction materials shall be used
within this subdivision.
Hold Harmless
21 . The subdivider shall defend, indemnify and hold harmless the
A: \4980 .2 5
000271
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.
Title Report
22 . 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
23 . 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, , a Development Fee as described herein (the
"Development Fee") and imposed on similar construction. The
A: \4980 .2 6
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.
Grading
24 . 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 dispense with this condition.
25 . 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.
26 . Landform and grading design shall be consistent with the City
of Moorpark grading standards in effect on September 7, 1994 .
27 . 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 .
28 . Planned structures, roadways, paths, vegetation, irrigation
and continuing maintenance programs shall be used to stabilize
manufactured slopes .
A: \4980 .2 7 00027
29 . Suitable quantities of trees massed near the landform crest
and shrubs of varying sizes on graded slopes shall be used to
screen structures and to soften the visual appearance of the
graded slope .
30 . Grading shall emphasize scenic vistas to the open space areas .
Landscaping
Cactus Wren Preservation
31 . 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.
32 . Prior to grading permit approval a complete landscape plan (2
sets) , together with specifications and a maintenance program
shall be prepared by a State Licensed Landscape Architect,
generally in accordance with the 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, maintenance
district, or similar entity shall be responsible for
maintenance of the trees .
A: \4980 . 2 8
000274
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 .
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.
A: \4980 . 2 9
Q002?5
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
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
A: \4980 .2 10 000276
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.
Utility Agency Requirements
-• Z - -
33 . Prior to approval of a Final Map, the subdivider shall
A: \4980 .2 11
000Z77
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
34 . Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot . Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
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
35 . At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1 .
Utility Bond
36 . Prior to approval of a Final Map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off-site utility
pole . All existing utilities shall also be undergrounded to
the nearest off-site utility pole with the exception of 66 KVA
or larger power lines. 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.
A: \4980 . 2 12
Fees" Contributions and Deposits
..� . �. .Wi. . . - I-..
37 . Prior to approval of the final map, the subdivider shall
submit a deposit for condition compliance review.
Payment of Outstanding Costs
38 . 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
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)
Citywide Mitigation Fee
40 . As a condition of the issuance of a building permit for each
residential, commercial or industrial use within the bound-
aries of the Amended Specific Plan, 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)
The City of Moorpark, in their sole and unfettered discretion,
may elect not to collect the Mitigation Fee. In the event of
A: \4980 .2 13
000279
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
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
A: \4980 .2 14
000280
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)
41 . 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
42 . Tract 4973 shall have been recorded and all infrastructure
improvements, required by the conditions of approval for that
tract, shall be completed.
43 . 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 .
44 . If desired by the applicant recorded phased final maps within
Tentative Tract Map 4980 shall be permitted.
Grading:
45 . 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.
46 . 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)
A: \4980 .2 15 40002,81,
47 . 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 .
48 . 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.
49 . 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 .
50 . 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 .
51 . 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 .
A: \4980 .2 16
00024;5?
52 . 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 .
53 . All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council .
In order to develop the SR/C/BP Planning Areas, dirt will have
to be 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. )
54 . The subdivider shall indicate in writing to the City the dis-
position of any water well (s) or any other well that may exist
within the project . If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements .
55 . The maximum gradient for any slope shall not exceed a 2 : 1
slope inclination except where special circumstances exist .
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development . (SP-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. )
56 . No grading activities shall take place within at least 100
feet along the perimeter of blue line stream channels before
giving proper notification to the California Department of
Fish and Game, Ventura County Flood Control District and the
U. S . Army Corps of Engineers.
57 . All graded slopes shall be planted in a timely manner meeting
A: \4980 . 2 17
000283
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 .
58 . All development areas and lots shall be designed so that
surface drainage is directed to street frontages or natural or
improved drainage courses as approved by the City Engineer.
(EIR 2-6, T10, SP-12 .h. )
59 . Manufactured slopes which are greater than ten (10) feet in
height shall be rounded at the top and at the toe of slope to
simulate natural topography. At the discretion of the
Director of Community Development, side slopes may be exempt
from this provision if the height of slope does not exceed 15
percent of the width of the lot and has a slope height slope
of less than ten (10) feet . (SP-12 .k. )
60 . Grading on the perimeter of the site shall not be designed
with perimeter downslopes to property lines unless a
homeowners ' association, slope maintenance district, or
similar entity is established for maintenance of such
downslopes . (SP-12 . 1 . )
61 . Interior slopes between manufactured building pads shall be
designed with up-slope property lines . (SP-13 .m. )
62 . 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)
A: \4980 .2 18
000g84
63 . 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.
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.
00028*
A: \4980 .2 19
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 .
64 . 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 . Provisions shall be made in the CC&R' s
for the maintenance of the slough walls . The slough walls
shall be maintained by the same entity responsible for
maintaining the adjacent slope.
STORM RUN-OFF
65 . The storm drain system will be designed to accommodate 50-year
storm flows .
66 . 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: \4980 . 2 20 r
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;
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
A: \4980 .2 21
000287
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.
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 .
67 . 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
A: \4980 .2 22
000288
County Standards .
68 . 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 .
69 . 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)
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
A: \4980 .2 23
0002EiS
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, unless determined
otherwise by the City.
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 4980 . (SP-26 .d)
c . 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 .
73 . Prior to issuance of the first zone clearance for occupancy of
the first building located within Tract 4980 or any subsequent
A: \4980 . 2 24
000290
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
74 . 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) .
75 . 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
76 . 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. 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 .
A: \4980 .2 25
000251
77 . 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) .
78 . 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.
79 . 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)
80 . All driveways shall be located on lots such that no portion of
the driveways shall be closer than 65 feet to the closest
A: \4980 . 2 26
00029
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:
81 . 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 .
82 . 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 .
83 . 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 .
84 . 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
85 . 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 .
A: \4980 .2 27
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.
86 . 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 .
The approximate length and location of the trails consistent
with Exhibit 8 of the Amended Specific Plan, shall be
constructed in native soil with approximately a three foot
width rather than decomposed granite. The width and
construction standards of the trails shall be modified from
that as shown in the Amended Specific Plan. The precise
location, size and type of construction of the trails shall be
subject to the review and approval of the Director of
Community Development .
87 . 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)
88 . 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)
89 . Spring Road/Los Angeles Avenue : Prior to issuance of the
first zone clearance for occupancy within Tract the applicant
A: \4980 . 2 28
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
left-turn movement, including any signal modification costs .
(project share 50 percent) . (EIR 2-13 , TC11, SP-17, SA-8)
90 . Prior to the issuance of the first building permit for
residential use within 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)
91 . 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.
92 . Any right-of-way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense .
93 . 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 .
A: \4980 . 2 29 '000235
94 . 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 .
95 . Special tract entry landscaping, , shall be approved by the
Director of Public Works and Director of Community Develop-
ment . (SP-24 4 . par. 3)
96 . 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.
97 . The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
UTILITIES
98 . 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
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
A: \4980 .2 30
000296
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
99 . If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457 .
a. Notify the City of Moorpark (hereinafter "City") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462 . 5 .
b. Supply the City with (I) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250 . 310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value of
the interest to be acquired, and (iv) a current
Litigation Guarantee Report .
A: \4980 .2 31
000297
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.
100 . 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:
101 . The subdivider shall offer to dedicate to the City of Moorpark
public service easements as required by the City.
102 . The subdivider shall offer to dedicate to the City of Moor-
park, public use, all right-of-way for public streets .
103 . The subdivider shall dedicate to the City of Moorpark the ac-
cess rights adjacent to Spring Road, and Science Drive except
for access locations approved by the Amended Specific Plan or
subsequent City Council action.
104 . That prior to submittal of the Final Map, the subdivider shall
transmit by certified mail a copy of the conditionally
approved Tentative Map together with a copy of Section 66436
of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
Enforcement of Vehicle Codes
105 . 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:
106 . 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
32
000298
required within 30 days of completion of grading. (EIR 2-8,
HY3 & 4)
107 . 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.
108 . 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.
109 . 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)
110 . All unimproved areas with vehicle traffic shall be watered
periodically and the vehicle speed shall be limited to 15 mph.
111 . During site preparation and construction, minimize disturbance
of natural groundcover on the project site until such activity
is required for grading and construction purposes .
112 . 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
A: \4980 .2 33
000299
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.
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 .
113 . The developer shall request that all employees involved in
grading operations on the project wear face masks during dry
periods . (EIR 2-15, (A3)
114 . Maintain equipment engines in good condition and in proper
tune as per manufacturers ' specifications to prevent excessive
emissions . (EIR 2-16, A4)
115 . All diesel engines used in construction equipments should use
high pressure injectors . (EIR 2-16, A5)
A: \4980 . 2 34
000300
116 . All diesel engines used in construction equipments should use
reformulated diesel fuel . (EIR 2-16, A6)
117 . 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)
118 . During site preparation and construction, construct temporary
storm water diversion structures per City of Moorpark
standards .
119 . 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, Ni)
120 . Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas .
The hauling plan must be identified as part of the grading
plan and approved by the City Engineer. (EIR 2-19, N2)
121 . 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)
122 . The developer shall ensure that construction equipment is
fitted with modern sound-reduction equipment . (EIR 2-19, N4)
123 . 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 .
124 . 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
A: \4980 .2 35
000301
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:
125 . Reproducible centerline tie sheets shall be submitted to the
City Engineer' s office.
126 . 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.
127 . A copy of the recorded Map (s) shall be forwarded to the City
Engineer for filing.
128 . 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.
129 . Original "as built" plans will be certified by the applicant ' s
civil engineer and submitted with two sets of blue prints to
the City Engineer' s office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36" , they must be resubmitted as "as builts" in.
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
130 . Prior to combustible construction, all weather access
A: \4980 . 2 36
000302
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.
131 . All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13 ' 6" ) .
132 . Approved turnaround areas or easements for fire apparatus
shall be provided where the access road is 150 feet or farther
from the main thoroughfare.
133 . Two (2) means of ingress/egress shall be provided to the
development in accordance with Fire District Private Road
Guidelines .
134 . The access road shall be of sufficient width to allow for a 40
foot turning radius at all sharp turns in the road.
135 . 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.
136 . 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 .
137 . 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 .
138 . 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.
139 . 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.
140 . All water mains and applicable hydrants shall be installed
prior to combustible construction. Fire Flow requirements
37
000303
shall be calculated for each project individually.
141 . 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:
142 . 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 .
A: \4980 .2 38
000304
AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Steven Kueny, City Manager
DATE : September 27, 1996 (CC Meeting of October 2 , 1996)
SUBJECT: Modification to Conditions of Approval for Tracts 4975,
4976, 4977, and 4980 (Carlsberg)
As directed by the City Council on September 18, 1996, I have met
with Mr. Tankersley concerning:
1 . A payment in-lieu of providing on-site private recreation
facilities; and
2 . Additional language to clarify timing of acceptance of
landscaping improvements by any City maintenance assessment
district and to allow for a decision on the specific
maintenance mechanism to be utilized prior to approval of
the map.
The proposed language for both of the above items is attached.
Also attached is a proposed condition prepared by the Public
Works Director regarding the prerequisites to acceptance of
the Science Drive street improvements .
If the City Council concurs with these revisions, Condition Nos .
4 and 32 for Tract 4975 will be revised, and a new condition
pertaining to the acceptance of Science Drive will be added. The
other tracts would have the same conditions .
SK: db
Attachments
cc: Nelson Miller, Director of Community Development
Ken Gilbert, Public Works Director
c:\ccagenda\crlscond.cc
MODIFICATION TO PRIVATE RECREATION FACILITY
CONDITION NO. 4 OF TRACT 4975
Prior to approval of the final map, the Settlement Agreement and
Mutual Release executed on September 7, 1994, by and between City
and Developer shall be amended to provide for the payment of a
recreation facilities fee (Recreation Fee) . Said Recreation Fee
is in lieu of providing private recreation facilities in
Tentative Tracts 4975, 4976, 4977 and 4980 .
City may expend Recreation Fee in its sole and unfettered
discretion to provide community recreation facilities; provided,
however, payment of Recreation Fee represents payment in full for
providing private recreation facilities in Tentative Tracts 4975,
4976, 4977, and 4980 .
Developer and City agree that the Residential Plan Development
(RPD) permits to be filed for Tentative Tracts 4975, 4976, 4977
and 4980 shall also include a condition for payment of the
Recreation Fee; and City agrees that no other condition for
providing private recreation facilities shall be imposed on any
RPD permit for the aforementioned Tentative Tracts . The
Recreation Fee shall be $400. 00 per lot and shall be paid for
each tract at such time as Developer sells the tract to a
successor or at the time the first zone clearance is issued for a
residential building permit (excluding models) , in the T .c
whichever event first occurs . Commencing on January 1, sm * *, the
amount of the Recreation Fee shall increase by one-half of one
percent (0. 5%) per month (monthly indexing) on any Recreation Fee
not yet paid.
ADDITION TO CONDITION NO. 32 OF TRACT 4975
Prior to final map approval, the City Council, in its sole
discretion, shall determine which areas shall be maintained by a
Homeowners Association, Maintenance Assessment District, or other
entity consistent with the intent of this condition.
All landscaped areas with permanent irrigation including the
Peach Hill Road, Science Drive, Spring Road, and Tierra Rejada
Road parkways and tract entry treatments for streets intersecting
Science Drive but exclusive of the area adjacent to SR 23 in
Tract 4975 shall be maintained by a Maintenance Assessment
District. All other areas shall be owned and maintained by a
Homeowners Association (HOA) including but not limited to all
open space areas (graded and ungraded) including those areas
requiring revegetation and with the trees planted pursuant to
Condition No . 32 .b. , all fuel modification zones, vernal pool
(Tract 4975) and trails .
Areas to be owned and maintained by an HOA shall be as shown on
the final map. Prior to final map approval at the City Council' s
sole discretion, City may determine that another entity may be
responsible for ownership and maintenance of any portion or all
of the area that would otherwise be the responsibility of the
HOA.
Areas to be placed in a zone of benefit of an existing
Maintenance Assessment District or within a newly created
Maintenance Assessment District as determined at City Council' s
sole discretion shall be as shown on the final map. In the event
a vote of land owners or registered voters is required to
authorize use of a Maintenance Assessment District or
establishment and adjustment of assessments, the City Council,
prior to final map approval, may require at its sole discretion
that said areas be maintained by the HOA. In such event, all
portions of said areas not within street right-of-way (ROW) shall
be owned by the HOA.
If said areas are determined to be maintained by a City
Maintenance Assessment District, it shall not be turned over to
City for maintenance until :
1 . One year after establishment of permanent landscaping as
determined by the Director of Community Development; and
2 . Recordation of all phases of the map and occupancy of
seventy-five percent (75%) of the homes . The developer
shall be responsible for maintenance in a condition
acceptable to City and shall maintain responsibility until
the City Council approves assumption of maintenance.
Developer shall request in writing prior to November 30 of any
year after which 1 . or 2 . , above, have been satisfied that the
applicable portions of said areas be placed in the Maintenance
Assessment District effective the following July 1 .
PROPOSED CONDITION REGARDING
ACCEPTANCE OF SCIENCE DRIVE STREET IMPROVEMENTS
The City will consider a request for the acceptance of Science
Drive upon the following: a) completion and approval of all
Science Drive street improvements; b) recordation of all final
maps; c) completion of all phases of work; and d) the occupancy
of at least seventy-five percent (75%) of the lots . The
developer may request and the City may accept only that portion
of Science Drive situated north or south of Peach Hill Road,
provided all of the above criteria is met with respect to that
portion of the Carlsberg development located adjacent to said
segment of Science Drive .
c:\citymgr\crlslnd.con
`Ioo(46)
dtk*.;"
September 27 , 1996
OFF/ C 4.%
Mr. Steve Kueny, City Manager CF
City of Moorpark OF%��r
799 Moorpark Avenue
ie
Moorpark, CA 93021
Fq
Re: Proposed Revisions to Map Conditions for Tract Maps
4975, 4976, 4977 & 4980
Dear Mr. Kueny:
Attached are my comments regarding the latest available
conditions (4975 ) as of this date with respect to the above
tentative maps . The proposed change on page 3 is to clarify
that more than one association may be formed as noted in
paragraph one of condition #6 .
The proposed changes in conditions 26, 33 . r. , 48, and 58 are
suggested to reflect what appears to be the practice with in
the City. Based on my discussion with the City Engineer,
they view erosion control as a combination of methods,
including sand bagging, hydroseeding and detention.
Temporary irrigation of non permanent vegetation has not been
required on our project in the past as a manditory condition
of erosion control, however, the City Engineer pointed out
that the Director of Community Development retains the final
authority in this manner. Absent either the proposed changes
of the conditions or clarification of the manner in which
these conditions will be applied, Lennar Homes of California
has expressed their reservations about the significant cost
of mandatory installation of temporary irrigation for all
hydroseeding or non permanent landscape.
I request your assistance in clarifying the intent and
application of the various "temporary irrigation" conditions .
Yours truly,
C. T. FINANCIAL
.00
Ronald S . Tank- 1", President of
Playa Developme orp. , general partner
cc Emile Haddad - Lennar Homes of California
Dirk Lovett - City Engineer
Nelson Miller - Director of Community Development
Enclosure
2800 Twenty-Eighth Street, Suite 200 Santa Monica,California 90405 (310)450-9700 FAX(310)450-5313
(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 .
or more
One homeowners' association shall be established for Tentative
Tract Map Nos . 4975, 4976, 4977, 4980 and the institutional
lots . The homeowners' association shall be responsible for
all construction and maintenance related to the natural open
space, the trails, the vernal pool, and any manicured
landscaping not adjacent to a public right-of-way, exclusive
of the freeway. An assessment district zone of benefit shall
be created for maintaining the parkway along the four
collector streets - Science Drive, Spring Road, Tierra Rejada
Road and Peach Hill Road. The medians on Science Drive,
Spring Road and Tierra Rejada Road are to be ultimately be a
part of the Citywide Assessment District . If an assessment
district zone of benefit cannot be created, the responsibility
for all construction and maintenance shall be the
responsibility of the homeowners' association.
If the applicant can obtain another alternative for management
of the above stated areas prior to recordation of the
Tentative Tract Map, it will be considered by the City.
All natural open space areas as shown on the map shall be
privately funded open space, open to the general public.
Dedica ion 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
A: \4975 . 2 3
Grading
ng
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 dispense with this condition.
, if needed,
26 . Temporary irrigation shall be provided for all non permanent
erosion control landscaping, xix1Cxxascxxixacxxxe camex3cxxm
perxnoaxemxxiwxmzecaxunless 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
screen structures and to soften the visual appearance of the
graded slope .
31 . Grading shall emphasize scenic vistas to the open space areas .
Landscaping
- II • - -"motion
32 . 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
A: \4975 . 2 8
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 . �----
tem oras if needed,
r. The landsca e plan shall Lontain plans and specifications
including irrigation for the additional trees to be
planted in the open space areas as required in the
Amended Specific Plan.
Utility Agency Requirements
-. . . -
34 . Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees .
Unc onc7i ti onal Availab� ley Letter
35 . Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
A:\4975 .2 12
, if needed,
temporary irrigation4shall 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 . 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 .
51 . 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 .
52 . 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 .
53 . All requests for staged grading must be submitted in writing
to the City Engineer for review and approval by the City
Council .
A: \4975 .2 17
Tract 4975 is to be graded as one project, however, import of
dirt from- Tract 4977 prior to final grading is permitted. (SP-
16)
54 . The subdivider shall indicate in writing to the City the dis-
position of any water well (s) or any other well that may exist
within the project . If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly
sealed, they must be destroyed per Ventura County Ordinance
No. 2372 and per Division of Oil and Gas requirements .
55 . The maximum gradient for any slope shall not exceed a 2 : 1
slope inclination except where special circumstances exist .
In the case of special circumstances where steeper slopes are
warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director of
Community Development . (SP 12 . 2 .d. , EIR 2-6 T)
56 . 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 .
or hydroseeded
58 . All graded slopes shall be planteddin a timely manner meeting
the approval of the Director of Community Development with
vegitation guauxdawex,xxtuoasxcdxixumbmc that will stabilize slopes and
minimize erosion. Interim borrow sites are to be hydroseeded
within 30 days of comp netodn of grading, shall include
temporary irrigation xintxxxxxexistommbeci 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.
A: \4975 . 2 18