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HomeMy WebLinkAboutAGENDA REPORT 1998 1007 CC REG ITEM 10BTO: FROM: DATE: SUBJECT: abs.9(a)CB) ITEM 1010 • CITY OF MOORPARK, CALIFORNIA City Council Meeting f AGENDA REPORT o Adocd RcSo.Nos. CITY OF MOORPARK ACTION: q8 "15tq ga-152.0 g8-J51/ -- 4. !4 +t p la� inj i'he Honorable City Council gy; t adorfeoi reSo NOS, 98-1515 Deborah S. Traffenstedt, City Clerk � j q $ �IS 2 fog 98 _15�� T 9 8 -15 ,. 7 re lac ; n�q fhe referend u+n October 1, 1998 (CC Meeting of 10/7/98) on toat1o�"; q�Po�n{-ed 4d haG CDMrni%ees �or CONSIDER REFERENDUM PETITION AGAINST ORDINANCE NO. 246 Qr J ufnent'-s AND CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 121 1999, FOR CONSIDERATION OF ORDINANCE NO. 246, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND HIDDEN CREEK RANCH PARTNERS (MESSENGER INVESTMENT COMPANY) RELATED TO THE DEVELOPMENT OF SPECIFIC PLAN NO. 8: HIDDEN CREEK RANCH, AND AN ORDINANCE ENTITLED THE MOORPARK SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES (SOAR), INCLUDING REPORT PREPARED PURSUANT TO ELECTIONS CODE SECTION 9212, AND FOR PREPARING THE ARGUMENTS FOR AND AGAINST THE TWO REFERENCED ORDINANCES Background At the City Council's meeting on September 16, 1998, the Council ordered a report regarding the Moorpark SOAR Initiative Measure, consistent with Section 9212 of the Elections Code. That report on the SOAR Initiative Measure is included as Attachment A to this agenda report. The requirement for calling a special election for the SOAR initiative measure was discussed at the Council's September 16 meeting. The Referendum Petition against Ordinance No. 246 was filed with the City Clerk, acting as the City's Election's Official, during normal office hours on September 15, 1998 (consistent with Elections Code Section 9239). On September 16, 1998, the prima facie count of signatures on the petition was completed by the City Clerk (consistent with Elections Code Section 9210). On September 18, 1998, the petition was forwarded to the County Elections Division for review of signatures along with 488 requests for signature withdrawal. The City Clerk's duty relative to examining petitions is generally limited to two responsibilities: 1) to determine whether the petition contains the requisite elements specified by the law; and 2) to determine the number of qualified signers who have signed the WOW!) OW!) EI Honorable City Council Page 2 October 1, 1998 petition by comparing the signatures on the petition with signatures on valid affidavits of registration. The first duty was completed with the assistance of the City Attorney and the petition was determined to contain the requisite elements specified in the Elections Code. The second duty was completed with the assistance of the County Elections Division, and on September 24, 1998, the Assistant Registrar of Voters provided the County Clerk's Certificate of Sufficiency verifying that 2,078 signatures were found to be sufficient (see Attachment B). The required number of signatures was 1,608 (10 percent of the registered voters of the City). Only 37 of the 488 signature withdrawal forms submitted were found to have valid signatures. Discussion The Elections Code requires that if the Referendum petition is found to be sufficient, the elections official shall certify the results of the examination to the legislative body of the city at the next regular meeting. This report is intended to serve as the City Clerk's certification that the Referendum petition has been determined to be sufficient, consistent with Sections 9115(f) and 9240 of the Elections Code. This report is also intended to provide notice to the proponents of the sufficiency of the petition, consistent with Section 9115(d) of the Elections Code. Section 9237 of the Elections Code includes language that if a petition protesting the adoption of an ordinance and circulated by any qualified registered voter of the city, is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 30 days of the adoption of the ordinance, and is signed by not less than 10 percent of the voters of the city according to the county elections official's last official report of registration to the Secretary of State, the effective date of the ordinance shall be suspended, and the legislative body shall reconsider the ordinance. The Referendum petition against Ordinance No. 246 was submitted within 30 days of adoption of the ordinance on August 19. Given that the petition has been found to be signed by not less than 10 percent of the voters of the city, the effective date of Ordinance No. 246 has been suspended and the City Council is now required to reconsider the ordinance. Section 9241 of the Elections Code states that if the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less Honorable City Council Page 3 October 1, 1998 than 88 days after the order of the legislative body. The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it. If the legislative body repeals the ordinance or submits the ordinance to the voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters. Based on the requirements of the Elections Code, the Council's options are to repeal Ordinance No. 246 or submit the ordinance to the voters. Attached to this report are four resolutions pertaining to calling and giving notice of a Special Municipal Election, requesting the County Board of Supervisors to permit the County Clerk to render services, providing for the filing of rebuttal arguments, and setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis (See Attachments C- F). Staff has prepared the attached resolutions to address both the Referendum and the Save Open Space and Agricultural Resources (SOAR) Initiative Measure, to allow both to be included on the same Special Election ballot, based on the direction from the Council at the September 16 meeting. If the Council's decision is to repeal Ordinance No. 246, then the resolution calling the election and the resolution setting priorities for written arguments would need to be revised to delete language related to Ordinance No. 246. If a special election is called at the October 7 meeting, then the election would need to be held on Tuesday, January 5, or Tuesday, January 12, 1999. The Council identified at the September 16 meeting that the January 12 date is preferred. If the special election is called at an adjourned meeting on October 14, 1998, the date for the election would still need to be January 12, since January 19 is not an acceptable election date (an election cannot be held on a Tuesday following a State holiday) . Staff will include an item on a subsequent City Council agenda for appropriation of funds for a special election on January 12, 1999. As soon as the special election is called, a notice will be published identifying the time period for arguments, rebuttal arguments, and the time period for public examination of the proposed measure, impartial analysis and arguments. Typically, there is a ten -day time period for arguments, followed by a ten -day time period for rebuttal arguments, followed by a mandated ten -day time period for the public examination. ADG041. Honorable City Council Page 4 October 1, 1998 An Ad Hoc Committee (Councilmembers Evans and Teasley) was previously appointed to develop an argument against the SOAR initiative measure. The City Council may want to consider appointing a new or the same Ad Hoc Committee for the development of an argument against the current SOAR measure and an Ad Hoc Committee to prepare an argument in favor of Ordinance No. 246. Staff Recommendation 1. Receive and File the Report on Moorpark Save Open -Space and Agricultural Resources (SOAR) Initiative Measure; and 2. Adopt Resolutions Nos. 98- , 98- , 98- , and 98- , calling and giving notice of a Special Municipal Election on Tuesday, January 12, 1999, for submission of ordinances to the qualified voters; requesting the County Board of Supervisors to permit the County Clerk to render services; providing for the filing of rebuttal arguments; and setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis; and appoint an Ad Hoc Committee to prepare an argument against the Moorpark SOAR measure and an Ad Hoc Committee to prepare an argument in favor of Ordinance No. 246; or 3. Repeal Ordinance No. 246 and Adopt Resolutions Nos. 98- , 98- , 98- , and 98- , calling and giving notice of a Special Municipal Election on Tuesday, January 12, 1999, for submission of an ordinance to the qualified voters; requesting the County Board of Supervisors to permit the County Clerk to render services; providing for the filing of rebuttal arguments; and setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis; and appoint an Ad Hoc Committee to prepare an argument against the Moorpark SOAR measure. Attachments: A. Report on Moorpark Save Open -Space and Agricultural Resources (SOAR Initiative Measure B. County Clerk's Certificate of Sufficiency C -F. Four Draft Election Resolutions 6 "4% ATl'ACHML:NT,_a- MEMORANDUM CITY OF MOORPARK TO: The Honorable City Council �j FROM: Nelson Miller, Director of Community Developme '� " l_ DATE: September 25, 1998 (For the City Council Meeting of October 7, 1998) SUBJECT: Consider Report on Moorpark Save Open Space and Agricultural Resources (SOAR) Initiative Measure BACKGROUND At the meeting of September 16, 1998, City Council ordered a report regarding the Moorpark SOAR Initiative Measure, consistent with Section 9212 of the Elections Code, to be presented at the meeting of October 7 or 14, 1998. Issues which were discussed for inclusion in the report were: 1. Fiscal effects 2. What happens if both the City sponsored measure (Preservation of Open -Space and Agricultural Uses and Creation of Moorpark City Urban Restriction Boundary) and the Moorpark SOAR measure both pass. 3. Differences between the City sponsored measure and the Moorpark SOAR measure in a table format. There was also discussion whether a Special Election on the Moorpark SOAR measure might be scheduled such that the Referendum Petition Against Ordinance No. 246 (Messenger Development Agreement) might also be scheduled at the same time. A separate report has been prepared for Council consideration on the Referendum Petition. C:\OFFICE\WPVnMWPDOCS\CCRPTS\SOARRPT.RPT W004' Moorpark SOAR Report October 7, 1998 Page 2 DISCUSSION Fiscal Effects There would appear to be negligible direct fiscal effects from the Moorpark SOAR measure. It does not affect existing land uses or proposals within the City, rather it establishes an urban restriction boundary, which would primarily affect the Hidden Creek Ranch project (Specific Plan No. 8), which is proposed for annexation to the City and is outside the urban restriction boundary described in the measure. The potential indirect fiscal effects which have been previously raised include: A. Blocking development of Hidden Creek Ranch project (Specific Plan No. 8) would eliminate public benefits the Council felt this project offered in approving the Development Agreement, including contribution of fees, which could be used for various City capital projects and facilities at the City's sole discretion (in excess of $23,000,000 for the Development Fee) and elimination of 365 dwelling units affordable to persons of low and very low income. B. The measure would reduce the build -out population projections contained within the General Plan, which might reduce the potential for attracting retail and service businesses to expand the range of services. This may reduce the potential for development of the commercially zoned property at New Los Angeles Avenue and the 23 Freeway and elsewhere in the City. C. There may be a legal challenge to the measure if passed, which the City will be required to defend. Based on the costs of defending previous initiatives several years ago, the cost of defending a measure could be several hundred thousand dollars. What Happens if the Moorpark SOAR Petition Initiative and the City Measure Both Pass? Both the Moorpark SOAR Initiative Petition and the City proposed measure have similar organization and similar language in most sections. Therefore, if both pass, there will be conflicting provisions between the two. Attachment 1 is an opinion from the City Attorney, regarding such a conflict. Differences Between the Moorpark SOAR Initiative and City Measure Attachment 2 is a table showing the differences between the Moorpark SOAR Initiative Petition (SOAR) and the City proposed measure (City). Those sections where there are differences are C:\OFFICE\WPWMWPDOCS\CCRPTS\SOARRPT.RPT G00044 Moorpark SOAR Report October 7, 1998 Page 3 shown in the attached table. Highlighted sections in the table indicate the different language between the two measures. In a number of sections the word "measure" is substituted for the word "initiative ". Changes in the "findings" are also duplicated in the "Principles" sections, which involve several editorial changes, recommended by the Ad Hoc Committee (Councilmembers Evans and Teasley). The most significant changes, as described in the Council staff report for the meeting of June 24, 1998, when the City measure was approved, involve modifications to the urban restriction boundary to reflect the planning area included in the 1992 General Plan update, changing the effective date of the measure to July 1, 1999, changing the term of the measure from twenty years to ten years to be more consistent with the County of Ventura Agriculture Policy Working Group (APWG) recommendations, changing the general exception, including making a change in the acreage from forty acres per property owner to an aggregate of 160 acres per year based upon any of the findings specified, and various wording changes to reflect a ballot measure rather than initiative, to be consistent with the above changes and to be more consistent with the language of the General Plan goals and policies. Also attached for Council's convenience and comparison are a copy of the Moorpark SOAR Initiative Petition (Attachment 3), the City measure (Attachment 4), and a legislative version (Attachment 5) measure showing the changes from the original Moorpark SOAR Initiative Petition. Attachments: 1. Opinion from City Attorney 2. Comparison Table 3. Moorpark SOAR Initiative Petition 4. City Measure 5. Legislative Version of City Measure C: \OFFICE\WP WINIWPDOCS \CCRPTS\SOARRPT.RPT 600045 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 ORANGE COUNTY OFFICE 2310 PONDEROSA DRIVE LOS ANGELES, CALIFORNIA 90017-3102 3200 PARK CENv' OF VE SUITE 1 SUITE 700 CAMARILLO, CALIFORNIA 93010-4747 Tel: (213) 236 -0600 COSTA MESA, CALIFORNIA 92626 -7149 Tel: 1805) 987 -3468 Fax: (213) 236 -2700 Tel: 17 14) 545 -5559 Fax: 1805) 482 -9834 Fax: (7 141 755 -5648 LAX2:209235.1 WRITER'S DIRECT DIAL: 213-236-27 2 1 OUR FILE NO. 0 1 359 -00 1 September 28, 1998 Mr. Nelson E. Miller Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: SOAR Initiative Dear Nelson: By memorandum dated September 28, 1998, you have asked what will happen if Measure F is adopted in November and the SOAR initiative is adopted at a subsequent special election. In particular, you want to know whether the answer is determined by the number of votes each measure receives. In short, the answer is no. When two or more conflicting measures are adopted at the same election, the measure that receives the highest number of votes controls. (Elections Code, S 9221.) However, when conflicting measures are adopted at separate elections, the most recently adopted measure prevails. (Schmidt v. Southern Cal. Rapid Transit Dist. (1993) 14 Cal.App.4th 23, 27.) Thus, under your scenario, Measure F would govern until the SOAR initiative was adopted, and then the SOAR initiate would govern, assuming of course that the two measures are in conflict.!" In a telephone conference this date, the City Manager has asked for an estimate of the City's legal costs to defend the SOAR initiative if it is challenged. Given that a wide -range of legal 11 I understand that you are preparing a matrix that addresses the issue of conflict. ATTACHMENT 1 W6046 Mr. Nelson E. Miller September 28, 1998 Page 2 and factual issues could be raised by such a challenge, defense costs could range from a low one hundred thousand dollars to a high five hundred thousand dollars. Very trul yours, CHER KANE CITY A ORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN, LLP CJK cc: Steven Kueny, City Manager LAY2: 209235.1. 600047 NOTES CONCERNING COMPARISON TABLE SOAR AND CITY MEASURES: Only those sections or sub - sections of the two measures wherein differences occur have been included within the table. 2. Highlighted word, phrases or paragraphs are shown for the ease of spotting the differences. 3. Bolded text other than Section identifiers is actual text from the measure. 4. Strike -out text is from the actual measure. ATTACHMENT 2 u" 415 COMPARISON TABLE MOORPARK SOAR VS. CITY BALLOT MEASURE ITEM SOAR CITY Section 1. Title This initiative measure shall be known as the This treasure shall be known as' the Moorparl Moorpark Save Agricultural Resources, or Preservation of Open Space and Agr cultural L?sos Moorpark Soar, initiative. and Creation of aMoorpark City Ilt'bah Restriction Boundary Section 2. Purpose and A. Purpose. The purpose of this initiativ6 is to A. Purpose. The purpose of this to is to Findings. adopt for the City of Moorpark an Urban adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has Restriction Boundary (Moorpark CURB) line has the following objectives the following objectives: 2. To encourage efficient growth patterns and 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by protect the City of Moorpark's quality of life by concentrating future development largely within concentrating future development largely within existing developed areas consistent with the existing planned areas consistent with the availability of infrastructure and services; availability of infrastructure and services; 3. To promote on lands outside the Moorpark 3. To promote on lands outside the Moorpark CURB line ongoing natural resource and open CURB line continuing natural resource and open space uses as defined in Government Code space uses as defined in Government Code section section 65560(b), such as preservation of natural 65560(b), such as preservation of natural resources, public and private outdoor recreation, resources, public and private outdoor recreation, uses that foster public health and safety, and uses that foster public health and safety, and productive investment for farming enterprises; productive investment for farming enterprises; 5. To allow the City to continue to meet its 5. To allow the City to continue to meet its reasonable housing needs for all economic reasonable 4filftffin6rits for all segments of the population, especially low and economic segments of the population, parti6ularly moderate income households, by directing the low and moderate income households, by directing C C:M\soar \comptable92498 A�k CC c C:M\soar \comptable92498 development of housing into areas where services and infrastructure are more efficiently available. 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term political decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. B. Findings. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas will threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and severely impact the viability of adjacent agricultural lands. Such urban encroachment would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, rural and agricultural lands and their associated of housing into areas where services and infrastructure are more efficiently available. o ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas may threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and severely impact the viability of adjacent agricultural lands. Such urban encroachment " eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend upon the protection of a substantial amount of open space, rural and agricultural lands and their 2 D C C C!Y C:M\soar \comptable92498 visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl Such a boundary would promote efficient municipal services and facilities by confining urban development to defined development areas. 4. In particular, the City of Moorpark is a component of Ventura County and a gate - keeper to the surrounding area, with its unique combination of soils, micro - climate and hydrology, which has become one of the finest growing regions in the world. Vegetable and fruit production from the County of Ventura and more particularly from the soils and silt from the Arroyo Simi, the entire Calleguas watershed area, the Tierra Rejada Valley and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and 5. This initiative ensures Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and associated visual resources. The lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl Such a boundary would promote efficient municipal services and facilities by confining urban development to defined planned areas. 4. The City of Moorpark with its unique combination of soils, micro - climate and hydrology, is a gate - keeper to Ventura County. 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and 3 O O C ut C : M\soar \comptable92498 Policies 14.* through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short-term political decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. Accordingly, the initiative requires that until December 31, 2020, the City of Moorpark shall, with minor exceptions, limit the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the initido a to within the City Urban Restriction Boundary created by the i itiative 6 Althoftah establishdd in the =saYne locatitiu;as -- 14.* through 14.6 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short-term political decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. Accordingly, the measure requires that until December 31, 2009, the City of Moorpark shall, with minor exceptions, limit the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the ................... _.................... measure, to within the City Urban Restriction Boundary created by the i ieasuare. on 2 0 c CA G' Section 3. General Plan The Moorpark SOAR Initiative hereby inserts as The Moorpark measure hereby inserts as "Section Amendment. "Section 8.0 ", et seq., to the Land Use Element of 8.0 ", et seq., to the Land Use Element of the City the City of Moorpark General Plan. the of Moorpark General Plan. the following: following: The electorate of the City of Moorpark have, The City of Moorpark has adopted an urban through the initiative process, adopted an urban growth boundary line denominated the Moorpark growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are procedures, and methodologies for amendment set forth in this Section. are set forth in this Section. 8.1 PURPOSE 8.1 PURPOSE The City of Moorpark and surrounding area with The City of Moorpark is a component of Ventura its unique combination of soils, micro - climate County of Ventura and a gate- keeper to the and hydrology, has become one of the finest surrounding area, with its unique combination of growing regions in the world. Vegetable and fruit soils, micro- climate and hydrology. production from the County of Ventura and in particular production from the soils and silt from the Arroyo Simi, the entire Calleguas watershed, the Tierra Rejada Valley, and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation. B. To encourage efficient growth patterns and B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by protect the City of Moorpark's quality of life by concentrating future development largely within concentrating future development largely within existing developed areas consistent with the existing plahiii4 areas consistent with the availability of infrastructure and services; availability of infrastructure and services; C. To promote on lands outside the Moorpark C. To promote on lands outside the Moorpark CURB line ongoing natural resource and open CURB line contiiuing natural resource and open space uses as defined in Government Code space uses as defined in Government Code section C:M\soar \comptable92498 c 0 g C:M\soar \comptable92498 section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; E. To allow the City to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and 8.2 PRINCIPLES. A. Continued urban encroachment into open- space, viewshed, watershed and agricultural areas will impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment also diminishes the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space agricultural uses.. 65560(b), such as preservation resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; E. To allow the City to continue to meet its reasonable needs and requirements for all economic segments of the population, particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and A. Continued urban encroachment into open- space, viewshed, watershed and agricultural areas may impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment ii* dimifii6 the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space agricultural uses.. O C Ct C:M\soar \comptable92498 B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment by initiative not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of June 24; 1998, plus 7 O O C C: M\soar \comptable92498 January 1, 1998, or as altered or modified pursuant to the Amendment Procedures set forth below. Graphic representation of that line is shown at Exhibit "A ". B. Until December 31, 2020, The City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1, 1998, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment The City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless in accordance with the Amendment Procedures of Section 8.4. D. The Moorpark City Boundary may not be amended, altered, revoked or otherwise changed prior to December 31 area Element of the General Plan or as altered or modified pursuant to the Amendment Procedures set forth below. B. Until December 31, 2009, The City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of Jativary 1, 1999, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment The City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless in accordance with the Amendment Procedures of Section 8.4. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2009, 1.1 G" O C L!t C:M\soar \comptable92498 except by vote or by the City I except by vote of the people or Council pursuant to procedures set forth in I pursuant to procedures set forth in Section 8.4. Section 8.4. E. Implementation of this initiative will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2020, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the initiative process by the public, or pursuant to the procedures set forth below: C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes each of the 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed 40 acres for any one landowner in any calendar year., and one landowner's properly may, not similarly be removed from the protections contemplated by this initiative more often than E. Implementation of this measure will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2009, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the electoral process by the public, or pursuant to the procedures set forth below: C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes i* of the following findings: 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does hot Cooed an aggregate of 1601RUld6y calendar yeah. W C O O C Gll o� Section 4. Co Amendments C:M\soar \comptable92498 every other year. Landowners with any unity of interest are considered one landowner for nui noses of this limitation. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this initiative on the ballot pursuant to the mechanisms provided by State Law. 3. Goal 11 of the Land Use amended as follows: E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this measure on the ballot pursuant to the mechanisms provided by State Law. at page 16 is 13 Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall be deemed viable. amended as follows: Use Element at page 16 Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years or is unusable for agriculture due to insu f "ieMid dr inadequate ~voter supply, topography, drainage, flooding, adverse soil conditions or other ohvsical reasons. 4. Policy 11.1 of the Land Use Element at page 14. Policy 11.1 of the Land Use Element at page 16 16 is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and/or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years and is is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and/or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years or is unusable 10 4 C t11 C:M\soar \comptable92498 unusable for aPriculture due to its drainage, flooding, adverse soil conditions or other physical reasons. as long as e-GonomiGaI13 Alialle. due to insufficient or water supply, topography, drainage, flooding, adverse soil conditions or other physical reasons. 5. Section 5.2 SPECIFIC PLAN 5. Section 5.2 SPECIFIC PLAN DESIGNATION DESIGNATION - SP, of the Land Use Element, - SP, of the Land Use Element, at page 28, is at page 28, is amended as follows: amended as follows: Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits and 40o ' ` ' gl:aming -ama Specific plan area 3 (proposed within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate for urban development for the foreseeable future and were not approved. Specific plan areas 1, 2, 9, 9, and 10 have been delineated based on ownership, landform, and circulation considerations. Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line, asi well as t delete the references to SP #8,',Specific Plan No. 8 Boundary. "Exhibit 4" to the Land Use Eleme Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits and specific phaa :' 8, which is within the unincorporated planning area. Specific plan area 3 (proposed within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate far:urbart developrnetit ddin thte this tithe period eovered by this Land Use- Element year 2010 buildout) and were not approved. Specific plan areas 1, 2, 9, and 10 have been delineated based on ownership, landform, and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line. 11 O O G G C:M\soar \comptable92498 to development of Specific Plan 8 is abandoned. See Exhibit "B" to this initiative. 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, addressing primarily "Specific Plan 8" is amended as follows: Planning Area Outside City Limits MIN "M Specific plan areas 4, 5, 6, and 7 and 8 (proposed within the unincorporated planning area) were analyzed in conjunction with the updating of the Land Use Element, but were found to be outside the sphere of influence and outside of the CURB (See Section 8.0, et seq.) and accordingly not to be appropriate for urban development pr-i t 7. Section 5 ATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs is unclanget artd remains it effect.. 12 C C '1010 (Ganer.21 Plan lbui-dout) and were, therefore, not approved. planning issues (oppo;WnWas and constmi-+4 and. the. Koposod land use. mix fe; the om Specific Plan 8 (Deleted) aro�,;-A-dex combined omra shin 10c.2tor- 1-1-0 - of the Castors plg;tig of the nit y limits oast oClUpp y ramr� rortiI DnrL (asmorally this - h 2. ; uts;izod by stoop hillside terrain n»rror ly addrossod d. 4ag snnnifis plan pmparation and q;gpog;aphy Existing stoop hillsides. m4thin the of stoop slopes, Unstable soils-7 and gat" potential GI th-e o this sp@Gif4G plan Al's slope's goatc; than ,N P "Ge at and C: Wsoar \comptable92498 13 C C:M\soar \comptable92498 14 C Cr L: C:M\soar \comptable92498 r. 15 C C C:M\soar \comptable92498 16 Wopose'd -�1d -Uses The numb" of dvcolliaq units shall not excoad '7 dnn ■ AJORN t aronifin nr02 plan .C. P;QP@ *he C- i4, GoaaGil detei:miaes tio be of substanti 21 3,111 :M@ app;gp6ato amount land he noC Ito designate- d- Sp nwGa, R School, , dosign tion will be- data of the. time of -Mined 8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY, at page 38, is amended as follows. As identified on Table 3, a combined total of up to 14,911 12,511 dwelling units could be constructed in the overall planning area, based on maximum density estimates. The resulting buildout population for the Moorpark planning area would be approximately 4A,856 34,280 persons, based on the County's 2.74 population dwelling unit factor for the year 2010. Note however that the resulting buildout for the Moorpark planning area would be 8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY, at page 38, is ttne�a�ngec C:M\soar \comptable92498 16 c 0 of u: C:M\soar \comptable92498 17 approximately (a) 41, 799 persons, based on the California Department of Finance Demographic Research Unit's Ventura County Population and Housing Estimates for Moorpark which average 3.341 persons per household for the years 1994 -1997 inclusive, or, (b) 40,785 persons based on the "VCOG 2020 Population Per Dwelling Unit Ratio Forecast" for the City of Moorpark (3.26 persons per dwelling unit). The table 3 buildout figures were calculated using the smaller county -wide ratios and are considered a conservative population estimate for the City. 9. Table 3 of the Land use Element at pages 39 -40 is Unchanged. 9. Table 3 of the Land use Element at pages 39- 40 is amended below to delete SP 8 "Messenger ", its associated du, and population figures. It is the purpose of this amendment to conform the table to the changes in the General Plan made by this amendment only. It is recognized that the City of Moorpark has passed certain resolutions amending the General Plan that would additionally affect the population figures set forth in Table 3, by virtue of the Carlsberg project (Permit # SP 92 -1; Resolution # 94 -1061 adding 147 dwelling units); the Bollinger project (Permit #94 -1, Resolution #96 -1197 adding 85 dwelling units); the SDI project (Permit # 95 -1, Resolution #96 -1222 deleting 1 dwelling unit); and the Jones project (Permit # 96 -2, Resolution #97 -1310 deleting 21 dwelling units). Notwithstanding C:M\soar \comptable92498 17 C' C C C:M\soar \comptable92498 W those General Plan Amendments Table 3 has not been updated by the City. It is not the purpose of this conforming amendment to update Table 3 other than to reflect the amendments in this initiative. To the extent that the official city Table 3 should be modified as a result of Resolution Numbers 94 -1061, 96 -1197, 96 -1222, and 97 -1310, Table 3 continues to need modification. TABLE 3 WAS INSERTED HERE WITH TABLE 3 WAS RETAINED HERE STRIKE OUTS IN THE SOAR INITIATIVE. IT IS NOT INSERTED HERE D UE TO PROBLEMS IN FORMATTING. 11. The last paragraph of Section 5.0 of the I BLETEI ARUM CITY 1MASML -, Circulation Element (Roadway Circulation Plan), at page 20 is amended as follows: Provision of an eastern extension of Broadway Road potentially connecting with Alamos Canyon Road and the SR -1 18 freeway to serve circulation needs of potential agricultural, open space, or recreational uses in the portion of the planning area northeast of the city limits. Section 5. Insertion Date A. Upon the a ective date of this initiative, it shall be deemed inserted as Section 8.0, et seq. of A. This measure it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the the Land Use Element of the City of Moorpark's City of Moorpark's General Plan as an amendment General Plan as an amendment thereof, and the thereof, and the Conforming Amendments of Conforming Amendments of Section 4 shall be Section 4 shall be appropriately inserted in the appropriately inserted in the General Plan General Plan replacing the amended provisions on replacing the amended provisions, okcept"If the My- X999. four amendments ofthetandatory elements of the. general pIanpermittec by state lam fo nt' C:M\soar \comptable92498 W C C sT C:M\soar \comptable92498 given calendar year have already been utilized in 1998, prior to the effective date of this initiative, this General Plan amendment shall be deemed inserted in the City's General Plan on January 1 1999. ( 6/19198 VERSION READS of the calendar year immediately following the date this initiative is adopted. in effect at I B. the time the Notice of Intention to circulate this initiative measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this initiative are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim- enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this initiative measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative and other elements of the City's General Plan. In the alternative, such interim- enacted inconsistent in effect at the time the Notice of Intention to circulate this measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this measure are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this tueasulre, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this measure and other elements of the City's General Plan. In the alternative, such interim- enacted inconsistent provision shall be disregarded. 19 7. Repeal. or provision shall be disregarded. This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve the purposes stated in this initiative. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Except as otherwise provided herein, this initiative may be amended or repealed only by the voters of the City of Moorpark. at an election This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This ttieasure shall be broadly construed in order to achieve the purposes stated in this measure. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Except as otherwise provided herein, this measure may be amended or repealed only by the voters of the City of Moorpark. at an election held in C:M\soar \comptable92498 20 C' C C U C:M\soar \comptable92498 21 held in accordance with state law. accordance with state law. Section 8. Competing In the event there are competing measures on the same ballot with this measure that purport to In the event there are competing measures on the same ballot with this measure that purport to Measures. address the same subject matter of this measure, address the same subject matter of this measure, the following rules shall apply: If more than one the following rules shall apply: If more than one such measure passes, then both measures shall go such measure passes, then both measures shall go into effect except to the extent that particular into effect except to the extent that particular provisions of one initiative are in direct, provisions of one urikis6ft are in direct, irreconcilable conflict with particular provisions irreconcilable conflict with particular provisions of another initiative. In that event, as to those of another T&Mtire. In that event, as to those conflicting provisions only, the provisions of the conflicting provisions only, the provisions of the initiative which received the most votes shall meai which received the most votes shall prevail. prevail. THE SOAR INITIATIVE WAS FOLLOWED BY MAPS WHICH WERE INSERTED FOLLOWING THE PARAGRAPH SHOWN ABOVE. C' C C U C:M\soar \comptable92498 21 NOTICE OF INTENT TO CIRCULATE PETITION T, the Ho m-mole Clerk it the Cin of Moorpark: hear, , the per,on, �ho,e names appear hereon ,,t their intenn,,n to .ir:ulatz the %%moon .o im!! t %L- ,rr_�rk le rwr^—e -t .ivalil%ing the ;nivause measure in the petition tor immediate .uhmi(tul to the , osier, at 're'l- , :atemen( ra,rn. r r the proposed a :non as :ontemplated in the petition i, a, 1o,ll0,.,. Pro.. nu n rnan ,i r—k 1. prntectuon of open space and agncultural re.ourre,. and the nlavmlLatio,n ,t :n:, _,t; u.:!ure . „ern , r n.z ,iiizzn, . I Moorpark. This imtiutn � e ad%ances those ohlectl,e, b, requiring a rote ,,r the _��!���en, ., . c C 1. ;s ^ar..rn �,t urban land u,e, hes,ms the limits of the Soorpark City Urban Restncuon Boundary JCL RB, set to-,h �n th!, i Rc,pe�ttuil, Submitted tine U IUUS Sl Lon Thore,on Rutter I I f, I I Ptnedule Road. Moorpark. C 13 Roseann %liko, 11371 East Cambridee Street. Moorpark. CA 11',W 1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE % OTERS The Cite attorney has prepared the following title and summary of the chief purposes and points of the proposed measure: AN INITIATIVE MEASURE RESTRICTING GROWTH OUTSIDE OF THE CITY OF MOORPARK'S EXISTING BOUNDARIES Section 1 declares that the measure shall be known as the Moorpark Save Open -space and .agricultural Resources. or Moorpark SOAR. initiative. Section 2 states that the purpose of the initiative is to adopt a Moorpark City Urban Restriction Boundan. or Moorpark CURB. which is coterminous with the Moorpark Sphere of Influence and the corporate boundaries of the City of Moorpark as they existed on January 1. 1998. With minor exceptions. the initiative prohibits the Cit% from providing "urban services" or allowing "urban uses" outside of the Moorpark CURB until December 3l. 2020. Section 3 amends the Land Use Element of the Moorpark General Plan by adding a new **Section V. Under the amendment. the City could provide mutual aid and could allow certain public roads, potable water facilities. schools and parks and other government facilities to be constructed outside of the Moorpark CURB. Ho%ke%er. the City could not allow development outside of the 'Moorpark CURB that would: require new or significantly expanded sewer systems, create residential lots of less than 20 acres. or establish non - agricultural commercial or industrial uses. The amendment also provides that the Moorpark CURB line may not be expanded prior to December 31.'_020. except b% the electorate or unless one of the following occurs: the land is needed to provide housing for all economic segments of the community and the City Council makes five specific findings in support of the change. the land is unusable for agricultural purposes and the City Council makes six specific findings in support of the change. or the change is necessary to avoid an unconstitutional taking of property or deprive the landowner of a Nested right and the City Council finds that the change will allow additional land uses only to the extent necessary to avoid the taking or to give effect to the vested right. Section 4 further amends the Moorpark General Plan in order to promote internal consistency %kith the new section of the Land Use Element. Section _5 establishes the date upon which the amendments to the Moorpark General Plan will become effective. "hich date will not be later than January 1 of the calendar year immediately following the date the initiative is adopted. The section also sets forth certain rules that will apply if the General Plan is amended bet%%een the initiative submittal date and the effective date of the initiative General Plan amendments and the amendment is inconsistent with Section 3 of the initiative. Section 6 states that if any portion of the initiative is declared invalid or unconstitutional b% the courts. the remaining portions will remain valid. Section 7 states that the initiative may only be amended or repealed by the voters of the City of Moorpark at a duly held election. Section 8 sets forth certain rules that will apply if there are competing urban restriction boundary measures on the same ballot. FULL TEXT OF ORDINANCE (Page 1 of 7) To the Honorable Clerk or the Cit} of Moorpark We. the undersiened. reentered and quahtied ,oter, of the Cm ,,1 %1, m-1, pn po.z an ;nivan,e measure to amend the Moorpark City General Plan. %%z petition sou w wbmit this measure 10 1he C.r. � adoption ,. rthout change. or for submuston of the measure to the voters of the City of Moorpark at a SPECI.AL ELECTION T_.. �.. Pr,%ide, a, tollow, SAFE OPEN -SPACE AND AGRICULTURAL RESOURCES NIOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF RESOLUTION ATTACHMENT 3 Thy ^er; ie -t ;tie C,r. -�i Moorpark do hereh, ordain u, tollo- section I. Title. Cp (10'70 SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES URBAN RESTRICTION BOUNDARY FULL TEXT OF ORDINANCE (Page 2 of 7) Section 2. Purpose and Findings. 1 Pwn," The purpose of this initiative is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City L rh.,n Re,in,uon Boundary (Moorpark CURB) line has the following objectives. I T, promote ,tahl Ilty in long term planning for the City by establishing a cornerstone policy within the General Plan designatine the ge,1crJnh,c limo, of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing nee,i- „ er time: T, encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development Li,_el, wuhir. evsun, developed areas consistent with the availability of infrastructure and services. To pr,rnme on land, outside the Moorpark CURB line ongoing natural resource and open space uses as defined in Government ,c, n wn SSM b. h uch as preservation of natural resources. public and private outdoor recreation. uses that foster public health and ,aien and productive Imestment for farming enterprises: T,, manage the Cry', growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while appropriate economic development in accordance with the City's unique local conditions: and To JI lovv the Cn to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moder"ic Income households. by directing the development of housing into areas where services and infrastructure are more efficient]% J�aIIJHC h T,, ensure that the preservation and protection of it l open space. (21 environmentally sensitive habitat. and (3) agricultural pn,dacuon are Inv lolaNc against transitory shon -term political decisions and that watershed. viewshed. open space. and agncultural land, are nut prematureh or unnecessarily corroerted to other non - agncultural or non -open space uses without public debate and a vote of the people B fuidmc, 1 Continued urban encroachment into open space. watershed, viewshed. or agricultural areas will threaten the public health, satety and yvellare b in y causing increased traffic congestion. associated air pollution. and potentially serious water problems, such as pollution, depletion. irJ sedimentation of available water resources not onh for the City but for its junsdictional neighbors and severely impact the N 1ah1111v of adlucent agricultural lands. Such urban encroachment would eventually result in both the unnecessan. expensive extension of PUN , ,en Ice, and I'e,litie, and meyitable conflicts between urban, agricultural and open space uses. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open ,pa;c. rural and agricultural lands and their associated visual resources. The protection of such lands not onh_ ensures the ,xonunued vtahllnv of agriculture. but also protects the available water supply and contributes to Flood control and the protection of wilding. env it nmentally sensitive areas. and irreplaceable natural and visual resources. As importanth. adopting a geographic urban him line around the Ctv of Moorpark would promote the formation and continuation of a cohesive community by defining the houndarie, and by helpni, to prevent urban sprawl. Such a boundary would promote efficient municipal services and facilities by confining urban Jeveiopmenl n, dellned development areas- - ? The rotcction of em,ting open - space. watershed. viewshed and agricultural lands. within and surrounding the City of Moorpark 1, rw; aI nnportunce i o prevent and future residents of the City of Moorpark. Agnculture has been and remains a major contributor to the c m -my ,)I thr Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating ,uh „annu. tav revenue, for the Cry and its surrounding area. In particular. the Cm of Moorpark is a component of Ventura County and a gate- keeper to the surrounding area. with its unique , mhlnation of ,oik, micro- chmaie and hydrology, which has become one of the finest growing regions to the world. Vegetable and fruit pro c.l:on Irian the County of %entura and more particularh from the soils and silt from the Arroyo Simi. the entire Calleguas watershed wl Ties Re1adJ \alle.v and alluvial plains adjacent to the City have achieved international acclaim. enhancing the City's economy anJ reputaton . imiJUVe ensure, that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11 3, and Preservation 1 E;i, r,,nniental Qual i, (Goal 14 and 151 and Policies 14.1 through 14.6 and Policies 15.1 through 15.3. 15.5. and 15.8 of the General Pl,r, .,re my w1,iNe a_ aln,i trammitory short-term political decisions and that agricultural. watershed and open space lands are not premature] - unnc,c „aniy converted to other non - agricultural or non -open space uses without public debate and a vote of the people Accordmgly the irauauve require, that until December 31.'_020. the City of Moorpark shall. with minor exceptions, restrict the provision of urban and creation of urban uses. other than in certain circumstances and according to specific procedures set forth in the initiative. to v. uh:n the City L rhan Restriction Boundan created by the muiative. Although e,tahli,hed in the same location as the Sphere of Influence line as it exists as of Januan 1. 1998. the CURB is not intended t,, a n J ,nal! In no w av inhibit the Local Aeencv Formation Commission from changing or altering the Sphere of Influence line in accordance th crate iaw The two Ilne,. although coincidentally coterminous as of one point in time are independent one from the other in legal ,I_nul ;ansc and purpo,,.'A rite the Sphere of Influence line mac be altered by the Local Agency Formation Commission. and address,, the i­ue of annexation. the Cn Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be cnan_cd except a, herein provided. Section 3. General Plan Amendment. The Moorpark SOAR Imuattye hereby inserts as "Section 8.0 et seq.. to the Land Use Element of the City of Moorpark General Plan. > tl MOORPARK CITY URBAN RESTRICTION BOUNDARY' Inuoducnon The electorate of the City of Moorpark have. through the mivame proce,s. adopted an urban growth boundary line denominated the Voo. ar'r, City Lrhan Re,tncaon Boundan (Moorpark CURB( Its purpose. principals. Implementation procedures. and memodologle, f.0 amendment ore ,et torah to this Section. , ! PL RPOSE Tne C;n of NJ,wrpark and surrounding area. w ith its unique combination of soils. micro - climate and hydrology. has become one Of the er: ! crown_ region, In the world %eeetable and fruit production from the County of Ventura and in particular production from the ,ol!, tn,m the Arroyo Simi. the entire Calegua, watershed. the Tierra Relada Valley. and alluvial plains adjacent to the Ctn_ have _J int; rnanonJl acclaim. enhancmg the Cin S economy and reputation T n, -arp—e of the Moorpark CURB Is T , n moor ,iihiiii\ In long term planning for the Ciiy by establishing a cornerstone policy within the General Plan designating o! Ion, term urban development and allowing sufficient flexibility within those limit, to respond Io the Gn', cou -071. SAS E OPEN -SPACE AND AGRICULTURAL RESOURCES URBAN RESTRICTION BOUNDARY FULL TEXT OF ORDINANCE (Page 3 of 7) lar_ei:. \,ithin exiting developed areas consistent with the availabihry of infrastructure and services: C To promote on lands outside the Moorpark CURB line ongoing natural resource and open space uses as defined in Goyemment Code section 6h,;6Ui hi. such as preservation of natural resources. public and pnv ate outdoor recreation, uses that foster public health and sales_ . and producme investment for fanning enterprises. D To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encoura,_mg appropnate economic development in accordance with the CitN's unique local conditions. E T,, allow the Cis to continue to meet its reasonable housing needs for all econorr c segments of the population. especialh low and moderate income households. b_v directing the development of housing into areas where sen ices and infrastructure are more efficienth available and 1- To enure that the preservation and protection of (I ) open space. (31 environmentally sensitive habitat, and iii agricultural product on ar, in\ iolable against transitory short-term political decisions and that watershed. viewshed. open space. and agncultural lands are not premature) or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people s , PRINCIPLES. Continued urban encroachment into open- space, \iewshed. watershed and agncultural areas will impair agriculture. negatively impact ,erisiti\ e environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial u,e, urhan encroachment also diminishes the quality of life and threatens the public health. safetc and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive land, in Flood plains and causing potentially serious water problems. such a, pollution, depletion. and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors - Su „h urhan sprawl would eventually result in both the unnecessan. expensive extension of public services and facilities and me%itable confli�:, hem een urban and open space/ agricultural uses B The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space. watershed and agncultural lands. The protection of such lands through the implementation of this General Plan Amendment h\ initiative not only ensures the continued viability of agnculture. but also protects the available water suppl and contribute, w t1ouJ control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importanth. adopting a Cis_ Urban Restncuon Boundan around the Cny of Moorpark will promote the formation and continuation of a cohe,ive communnv by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary w ill promote etticicnt municipal services and facilities by confining urban development to defined development areas s? IMPLEMENTATION OF CURB A The Cm of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary ( Moorpark CURB) line The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Aeenc \ Formation Commission as it exists as of Januan 1. 1998. or as altered or modified pursuant to the Amendment Procedures set fonh. below Graphic representation of that line is shown at Exhibit "A ". B Until December 31. 3030. the City of Moorpark shall restnct urban services texcept temporary mutual assistance with other iunsdicuon, and urbanized uses of land to within the Moorpark City urban Restncuon Boundary. except as provided herein. and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of Januan I. 199,ti. cons;rucuon of public potable water facilities, public schools, public parks or other govemment facilities. Other than for the exception, pr\ ided herein. upon the effective date of [his General Plan Amendment the Coy and its departments, boards. commissions. officer, and employees shall not grant, or by inaction allow to be approved by operation of law. an general plan amendment. rezoning. specific plan. ,uhdi\ iswn map. conditional use permit, building permit or anv other ministerial or discretionary entitlement. which is inconsistent w tth the purposes of this Section. unless in accordance with the Amendment Procedures of Section 8.4 C L'rhamzed uses of land" shall mean any development which would require the establishment of new community sewer sc,tem, or the ,igniticant expansion of existing community sewer systems: or. would result in the creation of residential lots less than 20 acre, to arc,: would result to the establishment of commercial or industrial uses which are not exclusively agriculturally- related. D The Moorpark Cis Urban Restriction Boundary may not be amended. altered. revoked or otherwise changed prior to December I ,iCtt, except by vote of the people or by the Citc Council pursuant to the procedures set forth in Section 8.4 E Implementation of this initiative will in no way preclude the Moorpark Cis Council from making land use decisions regarding iand, inside the Moorpark City Urban Restriction Boundan. x 4 - %%fEND11ENT PROCEDURES Until December 31. 2030. the foregoing Purposes. Principles and Implementation provisions of this Section of the Land Use Element ma\ he amended only M a vote of the people commenced pursuant to the initiative process by the public. or pursuant to the procedure, set forth hel.,vv. - The City Council may amend the City Urban Restriction Boundan if it deems it to be in the public interest, provided that the amended houndan u w ithm or coextensive with the limits of said Cis Urban Restriction Boundary B The Ctty Council. following at least one public hearing for presentations by an applicant and by the public. and after compliance ” ith the Celiiomia Env ironmental Quality Act, may amend the City Urban Restriction Boundan in order to comply with State regulation, re ardtn_, the pro%i,ion of housing for all economic segments of the community. provided that no more than 10 acres of land ma\ he hrotn_ht w chin the CL RR for this purpose in anv calendar year. Such amendment mac be adopted ooh if the Cifv Council makes each of the tollowm finding, I The Cty is to \ iolation of State regulations regarding its fair share of housing stock. The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the L rhan Restriction Boundary has provided to the City evidence that the Fire Department. Police Department. Department ,.f Puhlic works. the Community Services Department. applicable water and sewer districts. and the School District with jurisdiction o\ er such land hav e adequate capacuc to accommodate the proposed development and pro\ fde it w uh adequate public sen ice,. rid That the proposed development will address the highest priority need identified in the anatcst, by which the Cm ha, determined it is not in compliance with State regulations. i.e.. low and \ery low income hou,mg: and a That there is no existins residentially designated land available within the Lrban Restriction Boundary m accommodate the proposed de\ elopment. and That it t, not rea,\mahl_\ feasible to accommodate the proposed development by redesignating lands w ohm the L rban Restriction Boundan Ti, C t, C, ,n, I tollovv m_' at lea,i one nuhhc heanne for pre,entatior, by an anplicam and by the nuhii, and after cnmrh."_ U ()00'74 SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES URBAN RESTRICTION BOUNDARI FULL TEXT OF ORDINANCE (Page 4 of 7I ca n ,o the tollow mg finding, - 1 The land proposed for receiving urban services. urbanized land uses. or Inclusion within the Urban Restriction Boundan_ is mmedla[ely adtacent to areas developed in a manner comparable to the proposed use: J Adequate public ,en ices and facilities are available and have the capacity and capability to accommodate the proposed use. The proposed use will not have direct. indirect. or cumulative adverse significant impacts to the area's a_enculwral vtaMht\ . in,Ntnt scenic resource,. or watershed value: 1 The proposed use will not adcerselx affect the stability of land use patterns in the area (i.e.. the parcel affected "ill not introduce or tactlnate a use that is incompatible with adjoining or nearby uses): The land proposed for reception of public services. urbanization or inclusion within the Urban Restriction Boundan has nor been used for agricultural purposes in the immediately preceding 1 years and Is unusable for agriculture due to Its topography. drainage lloodtm_. adverse soil conditions or other physical reasons. and n The land proposed for reception of public services. urbanization or inclusion within the Urban Restriction Boundan does not cviceed 10 acres for an\ one landowner in any calendar year, and one landowner's property mac not similarh he removed from the protections contemplated by this Initiative more often than every other year. Landowners with am unit\ of interest are : ,n,tdered one landowner for purposes of this limitation. D The Ctn Council following at least one public heanng for presentations b\ an applicant and by the public. and after compliance vv nh the Caluorma Env ironmenial Quality Act, may amend the CURB if the City Council makes each of the following findings 1 Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would He required or would deprive the landowner of a tested right: and The amendment and associated land use designations will allow additional land uses onl to the minimum extent necessary to ,,,,id said unconstitutional taking of the landowner's property or to give effect to the nested right. E The Crt\ Council following at least one public hearing for presentations by an applicant and by the public. and at comphancc with the Ca I iomta Emiron mental Quality Act. may place any amendment to the Urban Restriction Boundan or the prow is ion, of in i, inittau\e on the ballot pursuant to the mechanisms provided by State Law. F The City Council may amend the CURB line location to encompass lands contemplated for construction of public potable vv ater ljaihiie,. puhh, school,. public parks or other government facilities. all uses exempted from the provisions of this General Plan Amendment by the prw i,ion, of Seaton R.3. but on]\ to the minimum amount reasonable necessan to accommodated said uses. G The Or Council may reorganize. renumber or reorder the individual provisions of the General Plan. including the pro%Isum, oI thi, Section t sequence. in the course of ongoing updates of the General Plan in accordance with the requirements of stare law Section J. Conforming Amendments. In li__hi of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereh\ further .,mcndeJ ,,, ,et forth below in order to promote internal consistency among the carious elements of the General Plan. Text to he in,ened in,, the General Plan is Indicated in bold italic type while text to be stricken is presented in ttnketl rotiel type. teat in standard ripe ,urrenti\ appear, in the General Plan and remains unchanged by this initiative. Occasionally, ellipses l * * fare introduced to indicate vcniii —ni Mock, of text remain unchanged within a section. The language adopted in the following conforming amendment, me% he tur.hcr amended a, appropriate without a cote of the people in the course of future updates and revisions to the General Plan pro\ ided the , me .tie not amended to such a manner as to create inconsistencies within the General Plan 1 The la,t paragraph of Section 22.22 of the Land Use Element. at page 6 is amended as follows: The future development of lands surrounding the City boundary outside of the Cin Urban Restriction Boundan is to be discouraged and generally shall not be permitted in the absence 4a vote of the electorate. Other exceptions to this policy are found at Section 8.4. re4t"! C !"it! ltt'C4 tiate pub! re me rvice, and it ifitasti tie i t2r, be c., tended to tie — ?i... in cenjoi ctmn mith , Polrc %_ 1 of the Land Use Element at page 1 I is amended as follows: The Cm hall strive to obtain and maintain sphere of influence boundaries consistent with the Cin Urban Restriction Boundan Goal I I of the Land Use Element at page 16 is amended as follow s. Idenut\ and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has nor been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall be deemed viable. a Pohev I I I of the Land L'se Element at page 16 is amended as follows An agricultural land use designation should be retained for farmlands within the City's Area of Interest. which have been identlied a, Prime ancfor Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding ? tears and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons. it long its ece ion call! % table 3 Section s 2 SPECIFIC PLAN DESIGNATION - SP. of the Land Use Element. at page 28. is amended as follow, E\hihn, 3 and 4 of this document Identify the location and the proposed land use mix of specific plan areas 1. 1 4, and I! 1. w htch are \v itnin the existing City limits. Specific plan area proposed ",thin the coy limust and specific plan area, 4.5.6. and 7 1proposed within the unincorporated piannmg area were ,tudied but w ere found not to be appropriate for urban development for the foreseeable future and were not appro\ed- Soc.in, plan area, I. d. Pr. 9. and 10 hate been delineated based on ownership. landform and circulation considerations n Plannin_, Area Land Use Plan Map. City of Moorpark General Plan. Land Use Element Exhibit 4 is amended to demon,trate the %loorpark CL RB line. as well a, to delete the references to SP &B. Specific Plan No x Boundan °E\hihii 4.. to the LanJ L ,c Elcmcni is amended to reflect that constderauon of development of Specific Plan 8 is abandoned See Exhibit "B" tht, Wiil,tnc ',c,:i,,n f SPECIFIC PLAN DESIGNATION - SP. of the Land L Element. at page 3�. at the subtitle " Planning Area Oul,ide li, Ltmu,' . through page corri approximately 20 paragraphs. addressing pnmardv "Specific Plan S, I, amended a, I, .lint. P :ann,m_ Area Outside Cm Limn, €GOG0 73 SAN E OPEN -SPACE AND AGRICULTURAL RESOURCES URBAN RESTRICTION BOI NDARI FULL TEXT OF ORDINANCE (Page 5 of 7) Speciti, plan area, 4. 5. 6. and ; and 8 tproposed within the unincorporated planning area were anal zed in conjunction unh the updating of the Land Use Element. but were found to be outside the sphere of influence and outside of the CURB ,See Section 8.0, et seq. i and accordingly not to+e appropriate for urban development _ and were therefore, not approved. h the ( C 'Pee he Plan af;� P—Ptlled 11 if C V ..... My—ated Flail!! 11r. a C21 IS Fronded belent Specoic Plan 8lDeleted) � Hiel [t jet tial gemeellilleal enlist 211111qn! tile Plan Weado Mg the detelopmen&!v tie" ofth't Ire—fic pi— GO .... st"It A-1. -- .t }all , rrh�ate� h- 'Feelfic FIRM ie ot died The hiligide 11milrel H1 e0prornmen! llftehft� *Ithl I tit 5 SP—Fi, P1311 31- h"... R.1-0 IdIlM 1-11 1 �� v�enrsrrcr _ .. mch .4 1 the 'Peelfic pill'. me. C—ttlatimi i et"oik +.11 pin, id, A r I I t� el at 101 4liq it- Mpclj�:l a j�! I.,.! CM, It, Milt, Hnix-ed band 1: 4tn I IT.".- ....... PtIblic se nee—&- fina ientlern nibut-1, �tl a! tic Girt S-mincildetein it - Inbe otstibitantial public Ictiefit t, 3,22i. Mite MIKIM11 N, I, Section t) 0 of the Land Use Element. LAND L'SE PLAN STATISTICAL SUMMARY. at page 38, is amended is tollo%k A, identined on Table 3. a combined total of up to 1+911 12,511 dwelling units could be constructed in the overall plunnine area. based on maximum densit} estimates. The resulting butldout population for the Moorpark planning area could be upprnaimateh 4Ht�h 34,280 persons. based on the Counts s ' 74 population dwelling unit factor for the sear 201H .Sote ho%ever that the resulting buildout for the .Moorpark planning area would be approximately to) 41.799 persons, based the California Department of Finance Demographic Research Unit% ••Ventura County Population and Housing Estimates-for .Moorpark which average 3.341 persons per household for the years 1994 -1997 inclusive; or, !6140.785 persons, based on the ­;'COG 2020 Population Per Dwetling Enit Ratio Forecast "forth e City of ,Moorpark (3.26 persons per dwelling unit). The Table 3 buildout figures were calculated using the smaller counry -wide ratios and are considered a conservative population estimate for the City. Table 3 of the Land L se Element at page, 39 -40 is amended below to delete SP 8 "Mes,enger' . it, associated du. and total population figures It is the purpose of this amendment to conform the table to the changes in the General Plan made hs this amendment onls his recognized that the Citc of Moorpark has passed certain resolutions amendm2 the General Plan that could additionally affect the population figures set torih in Table 3. h� s inue of the Carlsberg project i Permit z SP9' -1. Re,uiution z 94 -1061 adding 147 dwelling unit,;: the Bollinger project iPermit 91)4• 1. Resolution u96 -1197 uddmg• s� dssellinc umt,i_ the SDI project ,Permit u 95 -I. Re,olution #9f, -1'_" deleting I duelling unit j. and the Jones project i Permit rr 96 -'. Re, oiuuon?v -- I? I n deleting' I duelling umtsj Not" ithstandmg tho,e General Plan Amendments Table 3 has not been updated h� the Gts It is nol the pumo,e of this conforming amendment to update Table 3 other than to reflect the amendment, in thi, inivau, e T, the e,teni ;hat the otlicial city Table ?should he moditied a, a result of Resolution Number, 94 -1001. 96- 119'.96 -1"'. and 9'- : ', 1 1_ Table ', ,ontinue, to need modification COU0 74 SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES URBAN RESTRICTION BOUNDARY FULL TEXT OF ORDINANCE (Page 6 of 7) Table 3 LAND USE PLAN - STATISTICAL SUMMARY City Unincorporated Total Planning Land C,e Destaauon f�ga Area Combined SP SPECIFIC PLAN- 5+1 ".1 E S S E?? #39E}ac -3 i99 do dv TOTALD1kELLING UNITS " 12.511 du 11,511H.911du i At Bwldout -Year 20101 TOTAL POPULATION ' *- 34.280 (ri}6 34,1804E `856 Ai Buildoui -Year 20101 TOTAL CITI AREA ACRES (Approximate) 7.916 ac TOTAL L \INCORPORATED AREA ACRES (Approximate) -0- 4.86 ac TOTAL PLANNING. AREA COMBINED (Approximate) 7,916 12.11 ac (NOTE: fn * and fn * *' remain unchanged. fn ** is modified:) Residential Densits calculations for specific plan areas are based on the maximum density. Section 5.2 of the Land Use Element allow, the Crty Council to approve a density exceeding the maximum density, up to an identified density limit. if public improvements. public services. and/or financial contributions are provided that the City Council determines to be of substantial public benefit to the community. If the density limit is approved for SP's 1. 2. 9. and 10. turdS. the total dwelling unit, would increase from 1-1.4i } 12,511 to 16,291 13,070 and the total population would increase from 41.856 34,280 to 44.63 35.812 )these densits limit estimates were used as the basis for determining the significance of impacts in the Final Environmental Impact Report and the Findings required by Section 15091 of CEQA). HI Section 7 0 IMPLEMENTATION. of the Land Use Element. at Implementation Measure 16. at page 33, is amended as fol low , 16. Ensure that all applications Submit an apphestron to the Ventura County Local Agency Formation Commission LAFCO i io amend the City's sphere of influence boundary. are consistent with the approved Land Use Plan. and in particular the :Moorpark City Urban Restriction Boundary, to allow for proper planning within of the probable. ultimate physical boundane, and sersice area of the Ctiv. I I The last paragraph of Section 5.0 of the Circulation Element (Roadway Circulation Plan). at page 20 is amended a, tolls w, Pro% i,ion of an eastern extension of Broadway Road potentially connecting with Alamos Canyon Road and the SR- I I S trees av to serse circulation needs of potential furore dereieptrtent agricultural, open space, or recreational uses in the portion of the planning area northeast of the city limits Section 5. Insertion Date A Lpon the effective date of this initiative, it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the Cm of 5lnurparh General Plan as an amendment thereof: and the Conforming Amendments of Section 3 shall be appropnately msertcd in the General Plan replacing the amended provisions. except, if the four amendments of the mandatory elements of the general plan permitted h', state law for am given calendar year have already been utilized prior to the effective date of this initiative. this General Plan amendment hail he deemed inserted in the City's General Plan on January 1 of the calendar year immediately following the date this initiative i, adopted B The Cm of Moorpark General Plan in effect at the time the Notice of Intention to circulate this initiative measure w as submitted to the Cits Clerk of Moorpark. and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the Cm. In order to ensure that the City of Moorpark General Plan remains an integrated. inter ialh con,utent and compatible statement of policies for the City as required by state law and to ensure that the actions of the corer, in enacting this inuian.e are given effect. any provision of the General Plan that is adopted between the submittal date and the date that this tmtiatne measure i, deemed inserted into the General Plan. shall. to the extent that such intenm- enacted provision is inconsistent with the General Plan pr %isions adopted by section 3 of this initiative measure. be amended as soon as possible and in the manner and time required by Stoic law to ensure consistency between the provisions adopted by this initiative and other elements of the City's General Plan. In the aiiematne. such interim- enacted inconsistent provision shall be disregarded. Section 6. Sevgrabilif% Thi, mea,ure shall be interpreted so as to be consistent with all federal and state laws, rules. and regulations. If am section. ,uh- ,eclion. sentence. clause. phrase. pan. or portion of this measure is held to be invalid or unconstitutional by a final judgment of i coun of ompetent jurisdiction such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that thi, measure, and each section. sub- section. sentence. clause, phrase, pan, or portion thereof would have been adopted or passed even it orie or more section,. sub- ,ecuon, sentences. clauses. phrases. parts, or portions are declared invalid or unconstitutional. If any prov i,ton of thi, inntativ e is declared inv alid as applied to any person or circumstance. such invalidity shall not affect any application of th), measure that an he green effect without the invalid application. This mivative shall be broadly construed in order to achieve the purpo,e, stated in this inntauv e It is the intent of the voters that the provisions of this measure shall be interpreted by the City and other, to a manner that t :ihtate, the confinement of urban uses thereby protecting agricultural. open space and rural lands. and presenting urban ,praw i. Section 7 amendment or Repeal Except a, otherwise prodded herein. this initiative may be amended or repealed only by the voters of the Ctn_ of Moorpark at an ele.tion held in accordance with state law Section 8. Competing Measures Ir the e, ent there are competing measures on the same ballot with this measure that purpon to address the same subject matter of thi, �nea�urc. the tol low in,-, rule, shall apply It more than one such measure passes. the both measures shall go into effect except to the esten! !hJa Pant; uiar pros (,tom of one tnitiauve are indirect. irreconcilable conflict with particular provisions of another imtianve In that event. i, in,­- ,onfli.une provi,uin, onh. the provtsiom of the tnitiatise which receised the most cotes shall prevail 606075 SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES URBAN RESTRICTION BOUNDARY FULL TEXT OF ORDINANCE (Page 7 of 7) AREA OF INTEREST OX JM ....� -6� CITY OF MOORFi.RK 5.... �•'���, . ................... TABLE OF CONTENTS �.- ........... EXHIBIT B EXHIBIT A Planning Area Lano Use Plan rva.F CITY OF MOORPARK GENERAL PLAN rvO S.EC�l _ S: E CIRCULATOR INSTRUCTIONS I Make sure the signer fill in all information completer with ink and hall point Per- No tell -tip pens. no ditto mark,. no abbreviations. i Mier each petition is filled. complete the "Declaration of Circulation \' hiie tie hope you will fill all signature spaces Aah valid signatures. this petition is valid and important e% en if it contains onh one signature. Regardless .len.lture, sF,u m.,,l RETURN PETITIONS TO MOORPARK SOAR: 11611 Pinedale Road Moorpark, CA 93021 529 -3992 6000'76 EXHIBIT A AREA OF INTEREST OX JM ....� -6� CITY OF MOORFi.RK 5.... �•'���, . ................... TABLE OF CONTENTS �.- ........... EXHIBIT B EXHIBIT A Planning Area Lano Use Plan rva.F CITY OF MOORPARK GENERAL PLAN rvO S.EC�l _ S: E CIRCULATOR INSTRUCTIONS I Make sure the signer fill in all information completer with ink and hall point Per- No tell -tip pens. no ditto mark,. no abbreviations. i Mier each petition is filled. complete the "Declaration of Circulation \' hiie tie hope you will fill all signature spaces Aah valid signatures. this petition is valid and important e% en if it contains onh one signature. Regardless .len.lture, sF,u m.,,l RETURN PETITIONS TO MOORPARK SOAR: 11611 Pinedale Road Moorpark, CA 93021 529 -3992 6000'76 R E G 1 S T E R E D V O T E R S O N L Y The City .attorney has prepared the following title and summary of the chief purposes and points of the proposed measure: AN INITIATIVE MEASURE RESTRICTING GROWTH OUTSIDE OF THE CITY OF MOORPARK'S EXISTING BOUNDARIES Section 1 declares that the measure shall be known as the Moorpark Save Open -space and .agricultural Resources. or Moorpark SOAR, initiative. Section 2 states that the purpose of the initiative is to adopt a Moorpark City Urban Restriction Boundary, or Moorpark CURB, which is coterminous with the Moorpark Sphere of Influence and the corporate boundaries of the City of Moorpark as they existed on January 1, 1998. With minor exceptions, the initiative prohibits the City from providing "urban services" or allowing "urban uses" outside of the Moorpark CURB until December 31, 2020. Section 3 amends the Land Use Element of the Moorpark General Plan by adding a new "Section 8 ". Under the amendment, the City could provide mutual aid and could allow certain public roads, potable water facilities, schools and parks and other government facilities to be constructed outside of the Moorpark CURB. However, the City could not allow development outside of the Moorpark CURB that would: require new or significantly expanded sewer systems, create residential lots of less than 20 acres, or establish non - agricultural commercial or industrial uses. The amendment also provides that the Moorpark CURB line may not be expanded prior to December 31, 2020. except b} the electorate or unless one of the following occurs: the land is needed to provide housing for all economic segments of the community and the City Council makes fi%e specific findings in support of the change, the land is unusable for agricultural purposes and the City Council makes six specific findings in support of the change, or the change is necessary to avoid an unconstitutional taking of property or deprive the landowner of a vested right and the City Council finds that the change will allow additional land uses only to the extent necessary to avoid the taking or to give effect to the vested right. Section a further amends the Moorpark-General Plan in order to promote internal consistency with the new section of the Land Use Element. Section 5 establishes the date upon which the amendments to the Moorpark General Plan will become effective, which date will not be later than January 1 of the calendar year immediately following the date the initiative is adopted. The section also sets forth certain rules that will apply if the General Plan is amended between the initiative submittal date and the effective date of the initiative General Plan amendments and the amendment is inconsistent with Section 3 of the initiative. Section 6 states that if any portion of the initiative is declared invalid or unconstitutional by the courts, the remaining portions will remain valid. Section 7 states that the initiative may only be amended or repealed by the voters of the City of Moorpark at a duly held election. Section 8 sets forth certain rules that will apply if there are competing urban restriction boundary, measures on the same ballot. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY Ttiu ruu %I, A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. "'R t,FFlcl �� - ,a Res.dence Address ONLY 2 - ^:ame Resbdende Address ONLY 5 -ynawre Gry 3 v +ane Residence Address ONLY the . -.__ — _ - .. CnY - ResrdeMs Address ONLY ,ynature Cary- -__ -.- 5 r. Nave Res.oence Address ONLY C -- — ,ry b -' ^.r N—e Residence Address ONLY S�gnawre Gry 7 ' ^I Name Residence Andress ONLY Gry DECLARATION OF CIRCULATOR ITo be completed in ink after above signatures have been obtained.) am dal., ysahtted and reghrered to ote in the City of Moorpark. County art %,ni— %1, ;hn ­ii­ -1 the peutron and ­(ne -ed each of the appended ,tehature, hemp_ antten. Each ,i 2nature on tht, petition n. to the he,t t C000'77 RESOLUTION NO. 98 -1479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 MOORPARK, CALIFORNIA, ORDERING THE SUBMISSION OF PROF `SL-F; <,k, IN v ti "CES TO PRESERVE OPEN SPACE AND AGRICULTURAL t'SES AND ESTABLISH AN URBAN RESTRICTION BOUNDARY FOR THE CITY OF MOORPARK, AND TO FINANCE THE COSTS RELATED TO LAND ACQUISITIONS NECESSARY TO ADMINISTER SAID PRESERVATION, AND TO FINANCE THE COST OF POTENTIAL LITIGATION CREATED BY THE EXERCISE OF PRESERVATION ACTIONS, TO THE QUALIFIED ELEC "TORS OF THE CITY, AND REQUESTING THAT THE CITY CLERK OF THE CITY OF MOORPARK CONSOLIDATE SAID REQUEST WITH RESOLUTION NO. 98 -1474 OF THE CITY COUNCIL CALLING FOR THE CONDUCT OF A GENERAL MUNICIPAL ELECTION UPON THE GENERAL ELECTION ON NOVEMBER 3, 1998 PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, a general election on Tuesday, November 3, 1998, has been called by City of Moorpark Resolution No. 98 -1474, adopted on June 17, 1998; and WHEREAS, the City Council of the City of Moorpark, California, desires to submit to the voters of the City of Moorpark at a General Municipal Election proposed ordinances related to the preservation of open space and agricultural uses and establishment of an urban growth boundary and financing the costs related to land acquisition necessary to administer said preservation and the cost of potential litigation created by the exercise of preservation actions; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinances to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Moorpark, California, on Tuesday, November 3, 1998, a General Municipal Election for the purpose of submitting the following proposed ordinances: Shall the ordinance entitled Preservation of Open -Space and Agricultural Uses and Creation of a Moorpark City Urban Restriction Boundary be adopted? YES NO ATTACHMENT 4 6OG0 7h Resolution No. 98 -1479 Page 2 Shall the ordinance entitled Adopting a Special Tax for Open Space Acquisition be adopted? YES NO Shall the ordinance entitled Adopting a Special Tax for Legal Defense Costs be adopted? YES NO SECTION 2. That the text of the ordinances to be submitted to the voters are attached as Exhibits A, B, and C, respectively. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4 That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED thi °'' *" '4'" ^F "' ^° 1002 ATTEST: P Deborah S. Traffenstedt, ity Clerk J O � D 9 Ep w� VVM0 • y Resolution No. 98 -1479 Page 3 4.142. 131W PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF ORDINANCE The people of the City of Moorpark do hereby ordain as follows: Section 1. Title. This measure shall be known as the Moorpark Preservation of Open -space And Agricultural Uses And Creation of a Moorpark City Urban Restriction Boundary measure. Section 2_ Purpose and Findings. A. Purpose, The purpose of this measure is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has the following objectives: 1. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing planned areas consistent with the availability of infrastructure and services; 3. To promote on lands outside the Moorpark CURB line continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; 4. To manage the City's growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; and GOG080 Resolution No. 98 -1479 Page 4 5. To allow the City to continue to meet its reasonable needs and requirements for all economic segments of the population, particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available. 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. B. Findings. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas may threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and may severely impact the viability of adjacent agricultural lands. Such urban encroachment may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend upon the protection of a substantial amount of open space, rural and agricultural lands and their associated visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl Such a boundary would promote efficient municipal services and facilities by confining urban development to defined planned areas. 3. The protection of existing open - space, watershed, viewshed and agricultural lands, within and surrounding the City of Moorpark is of critical importance to present and future residents of the City of Moorpark. Agriculture has been and remains a major contributor to the economy of the Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City and its surrounding area. c;00081. Resolution No. 98 -1479 Page 5 4. The City of Moorpark with its unique combination of soils, micro- climate and hydrology is a gate- keeper to Ventura County. 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal I 1 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and Policies 14.* through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short -term decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. Accordingly, the measure requires that until December 31, 2009, the City of Moorpark shall, with minor exceptions, limit the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the measure, to within the City Urban Restriction Boundary created by the measure. 6 The CURB is not intended to and shall in no way inhibit the Local Agency Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. While the Sphere of Influence line may be altered by the Local Agency Formation Commission, and addresses the issue of annexation, the City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. Section 3 General Plan Amendment, The Moorpark Measure hereby inserts as "Section 8.0 ", et seq., to the Land Use Element of the City of Moorpark General Plan. the following: 118.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY" Introduction The City of Moorpark has adopted an urban growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are set forth in this Section. 8.1 PURPOSE The City of Moorpark is a component of Ventura County and a gate- keeper to the surrounding area, with its unique combination of soils, micro- climate and hydrology. ( OG08% Resolution No. 98 -1479 Page 6 The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing planning areas consistent with the availability of infrastructure and services; C. To promote on lands outside the Moorpark CURB line continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; D. To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; E. To allow the City to continue to meet its reasonable needs and requirements for all economic segments of the population, particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and F. To ensure that the preservation and protection of (I) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short -term decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 8.2 PRINCIPLES. A. Continued urban encroachment into open - space, viewshed, watershed and agricultural areas may impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment may diminish the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space agricultural uses. t 0008:3 Resolution No. 98 -1479 Page 7 B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas. 8.3 RVIPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of, June 24,1998 plus the Specific Plan 8 area described in the Land Use Element of the General Plan or as altered or modified pursuant to the Amendment Procedures set forth below. B. Until December 31, 2009, The City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1, 1999, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment The City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless in accordance with the Amendment Procedures of Section 8.4. C. "Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems; or, would result in the creation of residential lots less than 20 acres in area; or, would result in the establishment of commercial or industrial uses which are not exclusively agriculturally- related. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2009, except by vote of the people or by the City Council pursuant to procedures set forth in Section 8.4. 000084 Resolution No. 98 -1479 Page 8 E. Implementation of this measure will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2009, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the electoral process by the public, or pursuant to the procedures set forth below: A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in the public interest, provided that the amended boundary is within or coextensive with the limits of said City Urban Restriction Boundary. B. The City Council, following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the City Urban Restriction Boundary in order to comply with State regulations regarding the provision of housing for all economic segments of the community, provided that no more than 10 acres of land may be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings: 1) The City is in violation of State regulations regarding its fair share of housing stock; and 2) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and 3) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State regulations, i.e., low and very low income housing; and 4) That there is no existing residentially designated land available within the Urban Restriction Boundary to accommodate the proposed development; and 5) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Restriction Boundary. GOG085 Resolution No. 98 -1479 Page 9 C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes any of the following findings: 1) The land proposed for receiving urban services, urbanized land uses, or inclusion within the Urban Restriction Boundary is immediately adjacent to areas developed in a manner comparable to the proposed use; 2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use; 3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value; 4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses); 5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons; 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed more than an aggregate of 160 acres. D. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the CURB if the City Council makes each of the following findings: 1) Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would be required or would deprive the landowner of a vested right; and 2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this measure on the ballot pursuant to the mechanisms provided by State Law. 006.086 Resolution No. 98 -1479 Page 10 F. The City Council may amend the CURB he location to encompass lands contemplated for construction of public potable water facilities, public schools, public parks, or other government facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses. G. The City Council may reorganize, renumber or reorder the individual provisions of the General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates of the General Plan in accordance with the requirements of state law. Section 4. Conforming Amendments. In light of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereby further amended as set forth below in order to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in bold italic type while text to be stricken is presented in stril gh type; text in standard type currently appears in the General Plan and remains unchanged by this initiative. Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged within a section. The language adopted in the following conforming amendments may be further amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan provided the same are not amended in such a manner as to create inconsistencies within the General Plan. 1. The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as follows: The future development of lands surrounding the City boundary outside of the City Urban Restriction Boundary is to be discouraged and generally shall not be permitted in the absence a vote of the electorate Other exceptions to this policy are found at Section 8.4. 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. 3. Goal 11 of the Land Use Element at page 16 is amended as follows: Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years or is unusable for agriculture due to insufficient or inadequate water supply, topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall be deemed viable t; o(job? Resolution No. 98 -1479 Page 11 4. Policy 11.1 of the Land Use Element at page 16 is amended as follows An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and/or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years or is unusable for agriculture due to insufficient or inadequate water supply, topography, drainage, flooding, adverse soil conditions or other physical reasons. as long —as 5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 28, is amended as follows: Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits and specific plan area 8, which is within the unincorporated planning area. Specific plan area 3 (proposed within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate for urban development during the time period covered by this Land Use Element (year 2010 buildout) and were not approved. Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform, and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line. 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, is unchanged and remains in effect. 8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY, at page 38, is unchanged. 9.Table 3 of the Land Use Element at pages 39 -40 is unchanged. 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications to the Ventura County Local Agency Formation Commission (LAFCO) to amend the City's Sphere of Influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning within the probable, ultimate physical boundaries and service area of the City. 000088 Resolution No. 98 -1479 Page 12 Section 5. Insertion Date A. This measure shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions on July 1, 1999. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this measure are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this measure and other elements of the City's General Plan. In the alternative, such interim- enacted inconsistent provision shall be disregarded. Section 6. Severability. This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause; phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This measure shall be broadly construed in order to achieve the purposes stated in this measure. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Except as otherwise provided herein, this measure may be amended or repealed only by the voters of the City of Moorpark at an election held in accordance with state law. 6060S�J Resolution No. 98 -1479 Page 13 Section 8 Competing Measures In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one measure are in direct, irreconcilable conflict with particular provisions of another measure. In that event, as to those conflicting provisions only, the provisions of the measure which received the most votes shall prevail. ADOPTED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998 606050 Resolution No. 98 -1479 Page 14 EXHIBIT B AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A SPECIAL TAX FOR OPEN SPACE ACQUISITION WHEREAS, the City has historically relied upon development conditions and exactions to insure that certain properties are retained as natural open space; and WHEREAS, the City desires to acquire certain parcels of real property so as to insure they remain as open space; and WHEREAS, Proposition 218, in pertinent part, limits the imposition of most special assessments and requires that special taxes be approved by a two - thirds vote of the people, and WHEREAS, this ordinance provides for the enactment of a special property tax that will provide a stable source of revenues to fund the acquisition of real property for a period of ten years and in the approximate amount of one million dollars ($1,000,000.00) for each year; and WHEREAS, pursuant to Government Code sections 37100.5 and 50075 and the California Supreme Court decision in Heckendorn v. City of San Marino (1986) 42 Cal.3d 481, the City may propose for adoption by the voters a special tax on parcels of property for open space land acquisition purposes, provided that the tax rate is not applied to the assessed value of the property; NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Addition of Chapter 3.30. The Moorpark Municipal Code is hereby amended by adding Chapter 3.30, entitled "OPEN SPACE ACQUISITION SPECIAL TAX ", to read as follows: 000051 SAVE E PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES RlSR AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF RESOLUTION The people of the City of Moorpark do hereby ordain as follows: Section 1. Title. This initiative measure shall be known as the Moorpark SA;% PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES PEESO RC-EF AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY , irtitiative measure. Section 2. Purpose and Findings. A. Purpose. The purpose of this initiative measure is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has the following objectives: 1. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing develeped p%nned areas consistent with the availability of infrastructure and services; 3. To promote on lands outside the Moorpark CURB line ongoing continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; 4. To manage the City's growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; and 5. To allow the City to continue to meet its reasonable hettsing needs and requirements for all economic segments of the population, espeeially particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available. 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term pelitie$i decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. ATTACHMENT 5 (JOG054 B. Findings. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas wiH may threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and may severely impact the viability of adjacent agricultural lands. Such urban encroachment watrld may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend on upon the protection of a substantial amount of open space, rural and agricultural lands and their associated visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl Such a boundary would promote efficient municipal services and facilities by confining urban development to defined development planned areas. 3. The protection of existing open- space, watershed, viewshed and agricultural lands, within and surrounding the City of Moorpark is of critical importance to present and future residents of the City of Moorpark. Agriculture has been and remains a major contributor to the economy of the Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City and its surrounding area. 4. In partiettlar, Tthe City of Moorpark with its unique combination of soils, micro - climate and hydrology is a gate - keeper to Ventura County and a to the seffetmdittg area,. , one of the fi regions in the world. Vegetable and frdit produetion fiarn the Gounty Ventura and more partiettlarly from the soils and silt from the 26oreye Simi, the entire Gallegufts watershed area, the Tierra Rejada Valley and tkilti-viet! plairts adjaeent to the Gity have aehieved 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and Policies 14.* through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short-term pelitiea! decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. Accordingly, the initiative measure requires that until December 31, 249 2009, the City of Moorpark shall, with minor exceptions, limit the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the ittitiative measure, to within the City Urban Restriction Boundary created by the initiative %t7lC'dmme• 6 Although establis-hed in the same leeation as the Sphere of Influenee lirte as it exists as of �antwy 1, 1998 th-e The'CURB is not intended to and shall in no way inhibit the Local Agency 2 Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. Re two littes, althaugh eeitteideftfally eatermittatts its of one paint in fiffte are independent one from the other in legal signifieanee and pftMes`e. While the Sphere of Influence line may be altered by the Local Agency Formation Commission, and addresses the issue of annexation, the City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. Section 3. General Plan Amendment. The Moorpark SOAR4ft4iafi-ye Measure hereby inserts as "Section 8.0 ", et seq., to the Land Use Element of the City of Moorpark General Plan. the following: "8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY" Introduction The eletea the City of Moorpark has have, through the initiative preeess, adopted an urban growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are set forth in this Section. 8.1 PURPOSE In pwtiettlar, Tthe City of Moorpark with its unique combination of soils, micro - climate and hydrology is a gate- keeper to Ventura County The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed planning;areas consistent with the availability of infrastructure and services; 3 000054 C. To promote on lands outside the Moorpark CURB line engeirtg continuing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; D. To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; E. To allow the City to continue to meet its reasonable hattsirt needs and requirements for all economic segments of the population, espeeiall particularly low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available; and F. To ensure that the preservation and protection of (I) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term pelitieal decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 8.2 PRINCIPLES. A. Continued urban encroachment into open - space, viewshed, watershed and agricultural areas may impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment apse may diminishes the quality of life and threatens the public health, safety and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl would-may eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space agricultural uses. B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment by initiative not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas. 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy 4 0000yLi addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of January 1, 1 , June 24,1998 plus the Specific Plan. 8 area described in the Land Use Element of the General Plan or as altered or modified pursuant to the Amendment Procedures set forth below. Graphie representation of that lirte is shevm at Exhibit -"AIL - B. Until December 31, 2420 2009, The City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1, 49991999, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment The City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless in accordance with the Amendment Procedures of Section 8.4. C. "Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems; or, would result in the creation of residential lots less than 20 acres in area; or, would result in the establishment of commercial or industrial uses which are not exclusively agriculturally- related. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2.920 2009, except by vote of the people or by the City Council pursuant to procedures set forth in Section 8.4. E. Implementation of this inii ative measure will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, -24M 2009, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be amended only by a vote of the people commenced pursuant to the initiative electoral process by the public, or pursuant to the procedures set forth below: A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in the public interest, provided that the amended boundary is within or coextensive with the limits of said City Urban Restriction Boundary. B. The City Council, following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the City Urban Restriction Boundary in order to comply with State regulations regarding the provision of housing for all economic segments of the community, provided that no more than 10 acres of land may be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings: (JIOGM)b 1) The City is in violation of State regulations regarding its fair share of housing stock. 2) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and 3) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State regulations, i.e., low and very low income housing; and 4) That there is no existing residentially designated land available within the Urban Restriction Boundary to accommodate the proposed development; and 5) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Restriction Boundary. C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes eaek any of the following findings: 1) The land proposed for receiving urban services, urbanized land uses, or inclusion within the Urban Restriction Boundary is immediately adjacent to areas developed in a manner comparable to the proposed use; 2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use; 3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value; 4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses); 5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons; and 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed more than an aggregate of 49160 acres for arty one- lmtdowner in any calendar year., and one landevmer's removed frorn the pmteetiens eentemplated by this initiative measm Me often than every o+er year. lzmde""ers "4th my unity of interest are eonsidered one landowner f4 T (AGOW D. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the CURB if the City Council makes each of the following findings: 1) Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would be required or would deprive the landowner of a vested right; and 2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this initiative measure on the ballot pursuant to the mechanisms provided by State Law. F. The City Council may amend the CURB line location to encompass lands contemplated for construction of public potable water facilities, public schools, public parks, or other government facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses. G. The City Council may reorganize, renumber or reorder the individual provisions of the General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates of the General Plan in accordance with the requirements of state law. Section 4. Conforming Amendments. In light of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereby further amended as set forth below in order to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in bold italic type while text to be stricken is presented in Strike through type; text in standard type currently appears in the General Plan and remains unchanged by this initiative. Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged within a section. The language adopted in the following conforming amendments may be further amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan provided the same are not amended in such a manner as to create inconsistencies within the General Plan. 1. The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as follows: The future development of lands surrounding the City boundary outside of the City Urban Restriction Boundary is to be discouraged and generally shall not be permitted in the absence a vote of the electorate. Other exceptions to this policy are found at Section 8.4. require that tkdequMe publie serviees and infrits"eture. be extended to these rietion with or prier to approval of any development proposals. 7 (y )Gobb 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. 3. Goal 11 of the Land Use Element at page 16 is amended as follows: Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the immediately preceding 2 years and or is unusable for agriculture due to insufficient or inadequate water supply, its topography, drainage, flooding, adverse soil conditions or other physical reasons, it shall be deemed viable. 4. Policy 11.1 of the Land Use Element at page 16 is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and/or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years and- or is unusable for agriculture due to insufficient or inadequate water supply, its topography, drainage, flooding, adverse soil conditions or other physical reasons. as long as eeenemieally viab 5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 28, is amended as follows: Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits and specific plan area 8, which is within the unincorporated planning area. Specific plan area 3 (proposed within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate for urban development for Me fomeeablefuittre during the time period covered by this Land Use Element (year 2010 buildout) and were not approved. Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform, and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line. , its well -- the __r ___es SP#8 " to the Land Use Element is amended to refleet that eensidermien of development of Speeifie Plan 8 is abandoned. See Exhibit "B" to this initiati 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, addressing primarily " Speeifie Plait 8 " is amended as follows! is unchanged "and remains in effect. 0 (A)GO ) OOTOOO - 1 r a M IN w •• • •• • • i •� u • w •u 1•Y {I Y W 11 111 I • • ir. • ••• kr.• V — _ 11 • _ R - - - • • r 4 11 • Is •� V t. M • a • it•w - • - 1 r a M IN w •• • •• • • i •� u • w •u • . .. 1 MMMM.P.—MR—CIR-1 M IN w •• • •• • • i •� u • w •u • 1• •I b — a1 MMMM.P.—MR—CIR-1 M IN •• • •• • • u • w •u ffill 000101 win" - - - • - • • : . �I ffill 000101 _ .' _ _ _ N, 11 1 I . .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • I _ ffill 000101 11.Table 3 of the Land Use Element at pages 39 -40 is an the table to the aMroved ated pendMg ehanges in the General Plan considemd by this amendment unchanged. 11 OOGI02 . .. . . PC ,. ... . - ill . i 11 NO _ _ . _ _ _ ! _ _ Y Ji to Im oak to .. .. . . 11.Table 3 of the Land Use Element at pages 39 -40 is an the table to the aMroved ated pendMg ehanges in the General Plan considemd by this amendment unchanged. 11 OOGI02 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications stbmit an applieation to the Ventura County Local Agency Formation Commission (LAFCO) to amend the City's Sphere of Influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning within of the probable, ultimate physical boundaries and service area of the City. • . Section 5. Insertion Date A. Upon the effeetive date o This measure,' initiative, it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions emeept, if the fi5tir amendments of the mandatory elernents of the genem! p1mi permitted by state law for my Sivert ealendar year have already been utilized in 1998, prior to the effi!etive date of ti-xis meftsure initiative, this General Plan amendment shall be deemed inserted in the Gity's General PIM on 3amuary July 1, 1999. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this initiative measu was submitted to the City Clerk of Moorpark, and that General Plan as amended by this initiative mease, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this initiative measure are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this initiative- measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative measure and other elements of the City's General Plan. In the alternative, such interim- enacted inconsistent provision shall be disregarded. 12 00010 3 1.4 pre W.19FIT . .; ic .. .. M ym 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications stbmit an applieation to the Ventura County Local Agency Formation Commission (LAFCO) to amend the City's Sphere of Influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning within of the probable, ultimate physical boundaries and service area of the City. • . Section 5. Insertion Date A. Upon the effeetive date o This measure,' initiative, it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions emeept, if the fi5tir amendments of the mandatory elernents of the genem! p1mi permitted by state law for my Sivert ealendar year have already been utilized in 1998, prior to the effi!etive date of ti-xis meftsure initiative, this General Plan amendment shall be deemed inserted in the Gity's General PIM on 3amuary July 1, 1999. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this initiative measu was submitted to the City Clerk of Moorpark, and that General Plan as amended by this initiative mease, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this initiative measure are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this initiative- measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative measure and other elements of the City's General Plan. In the alternative, such interim- enacted inconsistent provision shall be disregarded. 12 00010 3 Section 6. Severability. This ittttiative measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this initiative measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this initiative measure. The voters hereby declare that this ittitiative measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative measure is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this initiative measure that can be given effect without the invalid application. This initiative measure shall be broadly construed in order to achieve the purposes stated in this initiative measure. It is the intent of the voters that the provisions of this ittitiative measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Section 7. Amendment or Repeal. Except as otherwise provided herein, this initiative measure may be amended or repealed only by the voters of the City of Moorpark at an election held in accordance with state law. Section 8. Competing Measures. In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one initiative measure are in direct, irreconcilable conflict with particular provisions of another initiative measure. In that event, as to those conflicting provisions only, the provisions of the initiative measure which received the most votes shall prevail. 13 U -00104 OFFICE OF THE COUNTY CLERK AND RECORDER: County Clerk Clerk, Board of Supervisors Registrar of Voters Recorder (805) 654 -2664 Fax: (805) 648-9200 September 24, 1996 RICHARD D. DEAN COUNTY CLERK AND REC ORI ll k Ms. Debbie Traffenstedt, City Clerk City of Moorpark 799 Moorpark Moorpark, CA 93021 Dear Debbie: We have verified the signatures on the rni.tiative Petition entitled City of Moorpark Referendum Against. Ordinance #246 which were submitted to our office on September. 18, 1998 for verification of signatures. Attached is the County Clerk's C,ertiEicate of Sufficiency as to the above named petition. If we can assist you in any way, please call us. Sincerely, RICHARD D. DEAN, County Clerk Bruce A. Bradley, lecn Assistant Registra of Voters RDD /BAB /ol Attachment " IREGISTER TO VOTE —THEN VOTE" 000105 SEP 25 '98 17 :13 PtarF_a, AiiACWENT_.,3.._. tn-% Py Vj ELECTIONS DIVISION BRUCE A, BRADLEY Assistant Registrar of Voters Hall of Administration Lower Plaza, L 01 200 800 South Victoria Avenue Ventura, CA 93009 RICHARD D. DEAN COUNTY CLERK AND REC ORI ll k Ms. Debbie Traffenstedt, City Clerk City of Moorpark 799 Moorpark Moorpark, CA 93021 Dear Debbie: We have verified the signatures on the rni.tiative Petition entitled City of Moorpark Referendum Against. Ordinance #246 which were submitted to our office on September. 18, 1998 for verification of signatures. Attached is the County Clerk's C,ertiEicate of Sufficiency as to the above named petition. If we can assist you in any way, please call us. Sincerely, RICHARD D. DEAN, County Clerk Bruce A. Bradley, lecn Assistant Registra of Voters RDD /BAB /ol Attachment " IREGISTER TO VOTE —THEN VOTE" 000105 SEP 25 '98 17 :13 PtarF_a, CLERK'S CERTIFICA`i"E, OF SUFFICIENCY TO INITIATIVE PETITION I, RICHARD D. DEAN, County Clerk of the County of Ventura, State of California, hereby certify: That the CITY. -OF MOORPARK REFERENDUM AGAINST ORDINANCE #246 Initiative measure Has — been filed with this office on September 18, 1998. has /has not That said petition consists of . 194 sections; That each section contains signatures purporting to be the signatures of qualified electors of this county; That attached to this petition at the time it was filed was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between, which the purported qualified electors signed this petition; That the affiant stated his or her own qualifications, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name It purports to be; That after the proponent filed this petition I verified the required number of signatures by examining the records of registration in this county, current and in effect at the respective purportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: 1. Number of unverified signatures tiled by proponent (raw count) 2,423 2. Number of signatures verified 2,425 a. Number of signatures found SUFFICIENT 2,078 b. Number of signatures found NOT SUFFICIENT 347 1) NOT SUFFICIENT because DUPLICATE 27 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 2gth day of___,aeptr 199,3• RICHARD D. QFAN, County Clerk (SEAL) By: FORM. INITIATIVE. CERT.SOS (11/983 ounty 00010(i SEP 25 '98 17:14 once A'rTACHMFNT G RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JANUARY 12, 1999, FOR THE SUBMISSION OF ORDINANCES TO THE QUALIFIED VOTERS WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Moorpark, California, signed by more than 15 percent of the number of registered voters of the City to submit a proposed Moorpark Save Open Space and Agricultural Resources (SOAR) Ordinance; and WHEREAS, the City Council of the City of Moorpark on August 19, 1998, adopted Ordinance No. 246 providing for approval of a Development Agreement between the City and Hidden Creek Ranch Partners related to the development of Specific Plan No. 8, and the ordinance was published as required by law; and WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at 9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Moorpark signed by more than ten percent of the registered voters of the City to repeal the ordinance or submit it to a vote of the voters; and WHEREAS, the City Clerk has ascertained that both petitions have been signed by the requisite number of voters and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the initiative ordinance or repeal of Ordinance No. 246; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinances to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Moorpark, California, on Tuesday, January 12, 1999, a Special Municipal Election for the purpose of submitting the following ordinances: Shall the ordinance entitled the Moorpark Save Open -Space and Agricultural Resources be adopted? Yes No C -06107 Resolution No. 98- Page 2 Shall the ordinance entitled an Ordinance of the City Council Yes of the City of Moorpark, California, adopting a Development Agreement between the City of Moorpark and Hidden Creek Ranch Partners (Messenger Investment Company) Related to No the Development of Specific Plan No. 8: Hidden Creek Ranch, be adopted? SECTION 2. That the text of the ordinances to be submitted to the voters are attached as Exhibits A and B. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the polls for the election shall be open at seven o =clock a.m. of the day of the election and shall remain open continuously from that time until eight o =clock p.m. of the same day, when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form, and manner required by law. SECTION 7. That the City Clerk of the City of Moorpark is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Clerk of the County of Ventura. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this _ day of , 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M:\ DTraffenstedt \elections\revcallelect- res.doc boo1os EXHIBIT A To the Honorable Clerk of the City of Moorpark: We, the undersigned, registered and qualified voters of the City of Moorpark hereby propose an initiative measure to amend the Moorpark City General Plan. We petition you to submit this measure to the City Council for adoption without change, or for submission of the measure to the voters of the City of Moorpark at a SPECIAL ELECTION. The measure provides as follows: SAVE OPEN -SPACE AND AGRICULTURAL RESOURCES MOORPARK CITY URBAN RESTRICTION BOUNDARY FULL TEXT OF RESOLUTION The people of the City of Moorpark do hereby ordain as follows: Section 1. Title. This initiative measure shall be known as the Moorpark Save Open -space and Agricultural Resources, or Moorpark SOAR, initiative. Section 2. Purpose and Findings. A. Propose. The purpose of this initiative is to adopt for the City of Moorpark an Urban Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has the following objectives: 1. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; 2. To encourage efficient growth patterns and protect the City of Moorpark's quality of life by concentrating future development largely within existing developed areas consistent with the availability of infrastructure and services; 3. To promote on lands outside the Moorpark CURB line ongoing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; 4. To manage the City's growth in a manner that fosters and protects the small town and semi -rural character of Moorpark while encouraging appropriate economic 1 Uoai.o5 development in accordance with the City's unique local conditions; and 5. To allow the City to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available. 6. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term political decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. B. Findings. 1. Continued urban encroachment into open space, watershed, viewshed, or agricultural areas will threaten the public health, safety and welfare by causing increased traffic congestion, associated air pollution, and potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City but for its jurisdictional neighbors and severely impact the viability of adjacent agricultural lands. Such urban encroachment would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban, agricultural and open space uses. 2. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, rural and agricultural lands and their associated visual resources. The protection of such lands not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable natural and visual resources. As importantly, adopting a geographic urban limit line around the City of Moorpark would promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a boundary would promote efficient municipal services and facilities by confining urban development to defined development areas. 3. The protection of existing open- space, watershed, viewshed and agricultural lands, within and surrounding the City of Moorpark is of critical importance to present and future residents of the City of Moorpark. Agriculture has been and remains a major contributor to the economy of the Moorpark area and County of Ventura, directly and indirectly creating employment for many people and generating substantial tax revenues for the City and its surrounding area. 4. In particular, the City of Moorpark is a component of Ventura County and a 2 LOUL1U gate- keeper to the surrounding area, with its unique combination of soils, micro - climate and hydrology, which has become one of the finest growing regions in the world. Vegetable and fruit production from the County of Ventura and more particularly from the soils and silt from the Arroyo Simi, the entire Calleguas watershed area, the Tierra Rejada Valley and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation. 5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11 and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15) and Policies 14.1 through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General Plan are inviolable against transitory short -term political decisions and that agricultural, watershed and open space lands are not prematurely or unnecessarily converted to other non - agricultural or non - open space uses without public debate and a vote of the people. Accordingly, the initiative requires that until December 31, 2020, the City of Moorpark shall, with minor exceptions, restrict the provision of urban services, and creation of urban uses, other than in certain circumstances and according to specific procedures set forth in the initiative, to within the City Urban Restriction Boundary created by the initiative. 6. Although established in the same location as the Sphere of Influence line as it exists as of January 1, 1998, the CURB is not intended to and shall in no way inhibit the Local Agency Formation Commission from changing or altering the Sphere of Influence line in accordance with state law. The two lines, although coincidentally coterminous as of one point in time are independent one from the other in legal significance and purpose. While the Sphere of Influence line may be altered by the Local Agency Formation Commission, and addresses the issue of annexation, the City Urban Restriction Boundary is a local planning policy addressing the issue of land uses and shall not be changed except as herein provided. Section 3. General Plan Amendment. The Moorpark SOAR Initiative hereby inserts as "Section 8.0 ", e1 seq., to the Land Use Element of the City of Moorpark General Plan, the following: "8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY Introduction The electorate of the City of Moorpark have, through the initiative process, adopted an urban growth boundary line denominated the Moorpark City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation procedures, and methodologies for amendment are set forth in this Section. 8.1 PURPOSE The City of Moorpark and surrounding area, with its unique combination of soils, micro - climate and hydrology, has become one of the finest growing regions in the world. Vegetable and 3 (106111 fruit production from the County of Ventura and in particular production from the soils and silt from the Arroyo Simi, the entire Calleguas watershed, the Tierra Rejada Valley, and alluvial plains adjacent to the City have achieved international acclaim, enhancing the City's economy and reputation. The purpose of the Moorpark CURB is: A. To promote stability in long term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time; B. To encourage efficient growth patterns and protect the City of Moorpark's duality of life by concentrating future development largely within existing developed areas consistent with the availability of infrastructure and services; C. To promote on lands outside the Moorpark CURB line ongoing natural resource and open space uses as defined in Government Code section 65560(b), such as preservation of natural resources, public and private outdoor recreation, uses that foster public health and safety, and productive investment for farming enterprises; D. To manage the City's growth in a manner that fosters and protects the "small town" and semi -rural character of Moorpark while encouraging appropriate economic development in accordance with the City's unique local conditions; E. To allow the City to continue to meet its reasonable housing needs for all economic segments of the population, especially low and moderate income households, by directing the development of housing into areas where services and infrastructure are more efficiently available, and F. To ensure that the preservation and protection of (1) open space, (2) environmentally sensitive habitat, and (3) agricultural production are inviolable against transitory short-term political decisions and that watershed, viewshed, open space, and agricultural lands are not prematurely or unnecessarily converted to other non - agricultural or non -open space uses without public debate and a vote of the people. 8.2 PRINCIPLES. A. Continued urban encroachment into open- space, viewshed, watershed and agricultural areas will impair agriculture, negatively impact sensitive environmental areas, and intrude on open space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban encroachment also diminishes the quality of life and threatens the public health, safety 0001,1,%% and welfare by causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such urban sprawl would eventually result in both the unnecessary, expensive extension of public services and facilities and inevitable conflicts between urban and open space/ agricultural uses. B. The unique character of the City of Moorpark and quality of life of City residents depend on the protection of a substantial amount of open space, watershed and agricultural lands. The protection of such lands through the implementation of this General Plan Amendment by initiative not only ensures the continued viability of agriculture, but also protects the available water supply and contributes to flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City of Moorpark will promote the formation and continuation of a cohesive community by defining the boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will promote efficient municipal services and facilities by confining urban development to defined development areas. 8.3 IMPLEMENTATION OF CURB A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction Boundary (Moorpark CURB) line. The Moorpark CURB shall be established coterminous with and in the same location as the Sphere of Influence line established by the Local Agency Formation Commission as it exists as of January 1, 1998, or as altered or modified pursuant to the Amendment Procedures set forth below. Graphic representation of that line is shown at Exhibit "A ". B. Until December 31, 2020, the City of Moorpark shall restrict urban services (except temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the Moorpark City Urban Restriction Boundary, except as provided herein, and except for the purpose of completing roadways designated in the circulation element of the Moorpark General Plan as of January 1, 1998, construction of public potable water facilities, public schools, public parks or other government facilities. Other than for the exceptions provided herein, upon the effective date of this General Plan Amendment the City and its departments, boards, commissions, officers and employees shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, conditional use permit, building permit or any other ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section, unless in accordance with the Amendment Procedures of Section 8.4. C. "Urbanized uses of land" shall mean any development which would require the establishment of new community sewer systems or the significant expansion of existing community sewer systems; or, would result in the creation of residential lots less than 20 acres in 5 WGI113 area; or, would result in the establishment of commercial or industrial uses which are not exclusively agriculturally- related. D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or otherwise changed prior to December 31, 2020, except by vote of the people or by the City Council pursuant to the procedures set forth in Section 8.4. E. Implementation of this initiative will in no way preclude the Moorpark City Council from making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary. 8.4 AMENDMENT PROCEDURES Until December 31, 2020, the foregoing Purposes, Principles and Implementation provisions of this Section of the Land Use Element may be arnended only by a vote of the people commenced pursuant to the initiative process by the public, or pursuant to the procedures set forth below: A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in the public interest, provided that the amended boundary is within or coextensive with the limits of said City Urban Restriction Boundary. B. The City Council, following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the City Urban Restriction Boundary in order to comply with State regulations regarding the provision of housing for all economic segments of the community, provided that no more than 10 acres of land may be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted only if the City Council makes each of the following findings: I) The City is in violation of State regulations regarding its fair share of housing stock. 2) The land is immediately adjacent to existing compatibly developed areas and the applicant for the inclusion of land within the Urban Restriction Boundary has provided to the City evidence that the Fire Department, Police Department, Department of Public Works, the Community Services Department, applicable water and sewer districts, and the School District with jurisdiction over such land have adequate capacity to accommodate the proposed development and provide it with adequate public services; and 6 ci oCJa.� A. 3) That the proposed development will address the highest priority need identified in the analysis by which the City has determined it is not in compliance with State regulations, i.e., low and very low income housing; and 4) That there is no existing residentially designated land available within the Urban Restriction Boundary to accommodate the proposed development; and 5) That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Restriction Boundary. C. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the Urban Restriction Boundary described herein, if the City Council makes each of the following findings: I) The land proposed for receiving urban services, urbanized land uses, or inclusion within the Urban Restriction Boundary is immediately adjacent to areas developed in a manner comparable to the proposed use; 2) Adequate public services and facilities are available and have the capacity and capability to accommodate the proposed use, 3) The proposed use will not have direct, indirect, or cumulative adverse significant impacts to the area's agricultural viability, habitat, scenic resources, or watershed value; 4) The proposed use will not adversely affect the stability of land use patterns in the area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible with adjoining or nearby uses); 5) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary has not been used for agricultural purposes in the immediately preceding 2 years and is unusable for agriculture due to its topography, drainage, flooding, adverse soil conditions or other physical reasons; and 6) The land proposed for reception of public services, urbanization or inclusion within the Urban Restriction Boundary does not exceed 40 acres 7 UOO].15 for any one landowner in any calendar year, and one landowner's property may not similarly be removed from the protections contemplated by this Initiative more often than every other year. Landowners with any unity of interest are considered one landowner for purposes of this limitation. D. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may amend the CURB if the City Council makes each of the following findings: 1) Failure to amend the CURB would constitute an unconstitutional taking of a landowners property for which compensation would be required or would deprive the landowner of a vested right; and 2) The amendment and associated land use designations will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property or to give effect to the vested right. E. The City Council following at least one public hearing for presentations by an applicant and by the public, and after compliance with the California Environmental Quality Act, may place any amendment to the Urban Restriction Boundary or the provisions of this initiative on the ballot pursuant to the mechanisms provided by State Law. F. The City Council may amend the CURB line location to encompass lands contemplated for construction of public potable water facilities, public schools, public parks or other government facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses. G. The City Council may reorganize, renumber or reorder the individual provisions of the General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates of the General Plan in accordance with the requirements of state law. Section 4. Conforming Amendments. In light of the General Plan Land Use Element amendments set forth above, the City of Moorpark General Plan is hereby further amended as set forth below in order to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in bold italic type while text to be stricken is presented in stFik-ethreugh type; text in standard type currently appears in the General Plan and remains unchanged by this initiative. Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged within a section. The language adopted in the following conforming E3 (.r GIVa amendments may be further amended as appropriate without a vote of the people in the course of future updates and revisions to the General Plan provided the same are not amended in such a manner as to create inconsistencies within the General Plan. 1. The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as follows: The future development of lands surrounding the City boundary outside of the City Urban Restriction Boundary is to be discouraged and generally shall not be permitted in the absence of a mote of the electorate. Other exceptions to this policy are found at Section 8.4. requife that adequate, publie s na re�eevs:r.� . ■ Lam\ J�4 f•■ �I�I��l'l! \��/t• ■ \�'�� \A'��/ \�I �I���il� � 2. Policy 2.1 of the Land Use Element at page 11 is amended as follows: The City shall strive to obtain and maintain sphere of influence boundaries consistent with the City Urban Restriction Boundary. The planned urban area nrn on the adopted Land Use Dla z 3. Goal 11 of the Land Use Element at page 16 is amended as follows: Identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest. Unless property has not been used for agricultural purposes in the irnrnerliately preceding 2 years and is unusable for agriculture due to its topography, drainage,.flooding, adherse soil conditions or other physical reasons, it shall be deemed viable. 4. Policy 11.1 of the Land Use Element at page 16 is amended as follows: An agricultural land use designation should be retained for farmlands within the City's Area of Interest, which have been identified as Prime and /or Statewide Importance unless the property has not been used for agricultural purposes in the immediately preceding 2 years and is unusable.for agriculture due to its topography, drainage,.flooding, adherse soil conditions or other physical reasons. as lend as eeftefflieally viable. 5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 28, is amended as follows: E Exhibits 3 and 4 of this document identify the location and the proposed land use mix of specific plan areas 1, 2, 9, and 10, which are within the existing City limits—,and specifie plan area 4 which is within th • ^ ^^ j ated planning-area. Specific plan area 3 (proposed within the city limits) and specific plan areas 4,5,6, and 7 (proposed within the unincorporated planning area) were studied but were found not to be appropriate for urban development for the .foreseeable.future during the me-peried eeveFed by this Land Use Element (yeaf: 2010 b ildeut) and were not approved. Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform and circulation considerations. 6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element Exhibit 4 is amended to demonstrate the Moorpark CURB line, as well as to delete the references to SP #8, Specific Plan No. 8 Boundary. "Exhibit 4" to the Land Use Element is amended to reflect that consideration of development of Specific Plan 8 is abandoned. See Exhibit `B" to this initiative. 7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page 35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising approximately 20 paragraphs, addressing primarily "Specific Plan 8" is amended as follows: Planning Area Outside City Limits r I Hr-112020202021M 11-M-.- Specific plan areas 4, 5, 6, and 7 and 8 (proposed within the unincorporated planning area) were analyzed in conjunction with the updating of the Land Use Element, but were found to he outside the sphere of influence and outside of the CURB (See Section 8. 0, et seq.) and accordingly not to-be appropriate for urban development pfief to they-a.-.-201 F (General and were, therefore, not approved. A deserioen of the sting -land- uses, potential plai ni g issues (e a*d 10 U0012-h Specific Plan 8 (Deleted) 4ppofu ies and Con inis Speei€s plan area d evelopm et} * sues to be addressed during ° ee;fie plan pry . 'ion and sub S2Cjtkent review e. + + Lr HIM: wMIQUE A-q : : : C. ':! !. :• : M111orl-r""I ME a : .. : .... : mr.mvITTM a.. 11 (jo(1.1J •�ssra�rae�i�. - T%�v-v. r r !f .e s ► I! 1-01-M-72,1111111iffirpr.11111 'r r ; Ups .. : :. r 8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY, at page 38, is amended as follows: As identified on Table 3, a combined total of up to ' ^ 12,511 dwelling units could be constructed in the overall planning area, 12 based on maximum density estimates. The resulting buildout population for the Moorpark planning area would be approximately 40,856 34,280 persons, based on the County's 2.74 population dwelling unit factor for the year 2010. Note however that the resulting buildout fnr the Moorpark planning area would be approximately (a) 41, 799 persons, based on the California Department of Finance Demographic Research Unit's "Ventura County Population and Housing Estimates "for Moorpark which average 3.341 persons per household for the years 1994 -1997 inclusive; or, (b) 40,785 persons, based on the "VCOG 2020 Population Per Dwelling Unit Ratio Forecast "for the City of Moorpark (3.26 persons per dwelling unit). The Table 3 buildout figures were calculated using the smaller county -wide ratios and are considered a conservath,e population estimate for the City. 9. Table 3 of the Land Use Element at pages 39 -40 is amended below to delete SP 8 "Messenger ", its associated du, and total population figures. It is the purpose of this amendment to conform the table to the changes in the General Plan made by this amendment only. It is recognized that the City of Moorpark has passed certain resolutions amending the General Plan that would additionally affect the population figures set forth in Table 3, by virtue of the Carlsberg project (Permit # SP 92 -1, Resolution # 94 -1061 adding 147 dwelling units); the Bollinger project (Permit 494 -1, Resolution #96 -1197 adding 85 dwelling units); the SDI project (Permit # 95 -1, Resolution #96 -1222 deleting 1 dwelling unit); and the Jones project (Permit # 96 -2, Resolution #97 -1310 deleting 21 dwelling units). Notwithstanding those General Plan Amendments Table 3 has not been updated by the City. It is not the purpose of this conforming amendment to update Table 3 other than to reflect the amendments in this initiative. To the extent that the official city Table 3 should be modified as a result of Resolution Numbers 94 -1061, 96 -1197, 96 -1222, and 97 -1310, Table 3 continues to need modification. 13 Table 3 LAND USE PLAN - STATISTICAL SUMMARY City Unincorporated Total Planning Land Use Designation Area Area Area Combined * * * SP SPECIFIC PLAN* * * * FeTfM * * * TOTAL DWELLING UNITS * * 12,511 du 2,400 du 121511 14,911 du (At Buildout -Year 2010) TOTAL POPULATION * * * 34,280 &,-576 34,280 40,956 (At Buildout -Year 2010) TOTAL CITY AREA ACRES (Approximate) 7,916 ac TOTAL UNINCORPORATED AREA ACRES (Approximate) -0- 4-00 ac TOTAL PLANNING AREA COMBINED (Approximate) 7,916 12,116 ac [NOTE: fn * and fn * ** remain unchanged. fn ** is modified:] ** Residential Density calculations for specific plan areas are based on the maximum density. Section 5.2 of the Land Use Element allows the City Council to approve a density exceeding the maximum density, up to an identified density limit, if public improvements, public services, and /or financial contributions are provided that the City Council determines to be of substantial public benefit to the community. If the density limit is approved for SP's 1, 2, 9, and 10, afld-&,- the total dwelling units would increase from 14,91-1 12,511 to 16,291 13,070 and the total population would increase from 4,856 34,280 to 447 35,812 (these density limit estimates were used as the basis for determining the significance of impacts in the Final Environmental Impact Report and the Findings required by Section 15091 of CEQA). 10. Section 7.0 IMPLEMENTATION, of the Land Use Element, at Implementation Measure 16, at page 44, is amended as follows: 16. Ensure that all applications Submit an applieftfion to the Ventura County Local Agency Formation 14 oo(; 'Z Commission (LAFCO) to amend the City's sphere of influence boundary, are consistent with the approved Land Use Plan, and in particular the Moorpark City Urban Restriction Boundary, to allow for proper planning ivithin of the probable, ultimate physical boundaries and service area of the City. 11. The last paragraph of Section 5.0 of the Circulation Element (Roadway Circulation Plan), at page 20 is amended as follows: Provision of an eastern extension of Broadway Road potentially connecting with Alamos Canyon Road and the SR -118 freeway to serve circulation needs of potential fUtUFe er}t agricultural, open space, or recreational uses in the portion of the planning area northeast of the city limits. Section 5. Insertion Date A. Upon the effective date of this initiative, it shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions, except, if the four amendments of the mandatory elements of the general plan permitted by state law for any given calendar year have already been utilized prior to the effective date of this initiative, this General Plan amendment shall be deemed inserted in the City's General Plan on January 1 of the calendar year immediately following the date this initiative is adopted. B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate this initiative measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this initiative measure, comprise an integrated, internally consistent and compatible statement of policies for the City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally consistent and compatible statement of policies for the City as required by state law and to ensure that the actions of the voters in enacting this initiative are given effect, any provision of the General Plan that is adopted between the submittal date and the date that this initiative measure is deemed inserted into the General Plan, shall, to the extent that such interim - enacted provision is inconsistent with the General Plan provisions adopted by section 3 of this initiative measure, be amended as soon as possible and in the manner and time required by State law to ensure consistency between the provisions adopted by this initiative and other elements of the City's General Plan. In the alternative, such interim - enacted inconsistent provision shall be disregarded. 15 boolz3. Section 6. Severability. This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, sub - sections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is declared invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve the purposes stated in this initiative. It is the intent of the voters that the provisions of this measure shall be interpreted by the City and others in a manner that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural lands, and preventing urban sprawl. Section 7. Amendment or Repeal. Except as otherwise provided herein, this initiative may be amended or repealed only by the voters of the City of Moorpark at an election held in accordance with state law. Section 8. Competing Measures. In the event there are competing measures on the same ballot with this measure that purport to address the same subject matter of this measure, the following rules shall apply: If more than one such measure passes, the both measures shall go into effect except to the extent that particular provisions of one initiative are in direct, irreconcilable conflict with particular provisions of another initiative. In that event, as to those conflicting provisions only, the provisions of the initiative which received the most votes shall prevail. 16 600124 t� �,� .�� �i _. I _ v' �^�f elf y 1� „I ,�, !� y . ,a• = �� �, ti r a� i` ' ' EXHIBIT A LIT V 0Cjuzi ••-0% AREA OF INTEREST ; .......... ' TABLE OF CONTENTS eoa®000... CURRENT CITY LIMITS AND SPHERE OF INFLUENCE AND CURB LINE ..00000.o AREA OF INTEREST VENTURA COUNTY LAND USE DESIGNATIONS FOR EXHIBIT B AREAS OUTSIDE THE CURRENT CITY LIMITS: ®EXISTING COMMUNITY (PER AREA PLAN OR COMMUNITY MAPI ® RURAL (1 ACRE.) ®AGRICULTURAL (40 ACRE +) OPEN SPACE (10 ACRE +) (l' u I� `1? l S ACRES MINIMUM EXHIBIT 4 N6T8 1 !Ora Planning Area Land Use Plan CITY OF MOORPARK GENERAL PLAN NO SPECIFIC SCALE 0.00.126 EXHIBIT B ORDINANCE NO. 246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND HIDDEN CREEK RANCH PARTNERS (MESSENGER INVESTMENT COMPANY) RELATED TO THE DEVELOPMENT OF SPECIFIC PLAN NO. 8: HIDDEN CREEK RANCH. Whereas, at a duly noticed public hearing on October 1, 1997, continued public hearings on October 8, 22, November 12, and December 3, 10, 1997, January 7, 21, March 25, April 1, May 6, 20, 27, June 3, 10, 17, July 1 and 15, 1998, the City Council considered the application filed by Hidden Creek Ranch Partners, L.P., also known as Messenger Investment Company, for the Hidden Creek Ranch Specific Plan Project, consisting of Specific Plan No. 8 /Specific Plan 93 -1, General Plan Amendment 93 -1, and Zone Change 93 -3, for an approximately 4323 acre site located within the City of Moorpark Area of Interest in Ventura County contiguous to the City northerly boundary near Moorpark College and the Campus Park and Varsity Park residential areas, and easterly and southerly of Happy Camp Canyon Regional Park and incorporating more or less Assessor Parcel Numbers: 500- 0120 -035, -55, -065; 500 -0 -170 -135, -205, -255, -285, -295, -305, -315, -325, -335, -345, -355, -365, -375; 500- 0- 180 -045, -055, -075, -105, -115; 500 -0 -281 -035, -045, -165, -175, -185, -195, -205, -215; 500 -0- 292 -065, -135, -145; 615 -0 -110 -205, -215; and, 615 -0- 150 -185; and, Whereas, the Planning Commission of the City of Moorpark did adopt Resolution PC -98- 354 recommending approval of the proposed Development Agreement between the City and Hidden Creek Ranch Partners, if the Specific Plan is approved; and, Whereas, The City Council on January 21, 1998, adopted Resolution 98 -1425 to certify a Final Environmental Impact Report (EIR) for the Hidden Creek Ranch Specific Plan and related applications as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures and meeting all findings required by CEQA; The City Council of the City of Moorpark, California, ordains as follows: Section 1. Findings: (1) Government Code Section 65864 of the State Planning and Zoning Law provides that cities may enter into development agreements with persons having equitable interest in real property for development of that property. (2) The owners of the Hidden Creek Ranch Specific Plan, Hidden Creek Ranch Partners, have applied to the City of Moorpark to seek a development agreement between the city and said owners pursuant to Chapter 15.40 of the Moorpark Municipal Code. OOGU? Ordinance No. 246 Page 2 (3) The Planning Commission of the City of Moorpark at a duly noticed public hearing on June 8, 1998 and continued to June 15, 1998, has reviewed the Development Agreement, at the request of the City Council, and has made recommendations in Resolution PC -98 -354 to the City Council pertaining to the approval of the Agreement. (4) The City Council has received Planning Commission Resolution PC -98 -354 and has considered the Planning Commission evaluation and recommendations for approval of a development agreement between the City and Hidden Creek Ranch Partners. (5) A duly noticed public hearing was conducted by the City Council on June 17, 1998 to consider the development agreement and to accept public testimony related thereto and was continued to July 1, 15, and August 5, 1998. (6) The City Council has considered all points of public testimony relevant to the development agreement and has given careful consideration to the content of the development agreement. (7) The development agreement is consistent with the General Plan. (8) A Specific Plan has been prepared for the property consistent with State Planning and Zoning Law and contains descriptions and boundaries of development units, facilities proposed, circulation, open space, design standards and zoning standards for the project area. (9) The development agreement addresses the period of development, public facilities and infrastructure development and financing for these improvements and sets forth reasonable mitigation fees to defer the cost of development to minimize impacts to the city. (10) That all of the issues raised at the public hearings and in correspondence and other supplemental information provided to Council have been considered, and the City Council further finds that the Hidden Creek Ranch Specific Plan Project Environmental Impact Report (EIR) adequately addresses all issues raised and no new significant environmental impact has been identified nor has there been identified any feasible project alternative or mitigation measure considerably different from others previously analyzed which would clearly lessen the environmental impacts of the project. The City Council further finds that the analysis within the previously prepared project EIR for the Hidden Creek Ranch Specific Plan adequately analyzes and addresses issues and impacts related to adoption of the development agreement for the project. All additional correspondence received to this time shall hereby be directed to be incorporated as an additional appendix to Volume VI of the EIR. (A)GUS Ordinance No. 246 Page 3 Section 2. Adoption (A) The City Council of the City of Moorpark hereby approves the development agreement attached hereto as "Attachment A" and incorporated by reference, between the City of Moorpark and Hidden Creek Ranch Partners related to development of Specific Plan 8/ Specific Plan 93 -1. (B) The Mayor and City Manager are authorized to execute and sign the final agreement and any covenants necessary to effect the agreement. (C) Upon execution, the development agreement shall be recorded within the Office of the County Recorder, County of Ventura, as a covenant running with all the lands comprising the Hidden Creek Ranch Specific Plan. (D) This agreement shall become operative and run for the term specified within the agreement. PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF AUGUST, 1998. ATTEST: Deborah S. Traffenstedt, City Clerk 0001�b Ordinance No. 246 Page 4 ATTACHMENT A RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND OWNERS OF LAND WITHIN HIDDEN CREEK SPECIFIC PLAN NO. 8 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 600130 Ordinance No. 246 Page 5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into this day of , 1998, by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and certain owners of real property within Hidden Creek Specific Plan No. 8 (referred to hereinafter individually as "Developer" and collectively as "Developers "). City and Developers are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreement's contained in this Agreement, City and Developers agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its sphere of influence for the development of such property upon annexation in order to establish certainty in the development process. 1.2. Prior to approval of this Agreement, but after the certification of that certain Hidden Creek Ranch/Specific Plan No. 8 Final Environmental Impact Report ( "the EIR "), the City Council of City ( "the City Council ") approved a mitigation monitoring program to insure compliance with the mitigation measures contained in the EIR ( "the Mitigation Monitoring Program "), approved General Plan Amendment No. 93 -1 ( "GPA 93 -1 ") and Hidden Creek Specific Plan No. 8 ( "SP 93 -1 ") for approximately 4323 acres of land within the sphere of influence of City ( "the Property"), as more specifically described in Exhibit "A" attached hereto and incorporated herein, and prezoned the Property pursuant to Zone Change No. 93 -3 ( "ZC 93 -3 "). 1.3. Each Developer has a legal interest in a portion of the Property, as more specifically described in Exhibit "B" attached hereto and incorporated herein. Hidden Creek Ranch, L.P. ( "HCR ") is a Developer that owns approximately 4,000 acres of the Property ( "the HCR Property "). 1.4. GP 93 -1, SP 93 -1 and ZC 93 -3 (collectively "the Project Approvals; individually "a Project Approval ") provide for the development of the Property as a master planned community and the construction of certain off -site improvements in connection therewith ( "the Project "). 600132. Ordinance No. 246 Page 6 1.5. Developer has agreed to provide public school facilities, kindergarten through 12th grade, to serve the Project in accordance with that certain Facilities and Financing Plan proposed to be entered into between Developer and the Moorpark Unified School District ( "MUSD "). 1.6. By this Agreement, City desires to obtain the binding agreement of Developers to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.7. By this Agreement, Developers desire to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, each Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.8. City and Developers all acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GP 93 -1. 1.9. On June 8, 1998, the Planning Commission of City commenced a duly noticed public hearing on this Agreement, which was continued to June 15, 1998, and at the conclusion of the hearing recommended approval of the Agreement. 1.10. On June 17, 1998, the City Council commenced a duly noticed public hearing on this Agreement, which was continued to July 1, 1998, and subsequently to July 15, 1998, and to August 5, 1998, and at the conclusion of the hearing approved the Agreement by Ordinance No. 246 ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may be referred to hereinafter as "the site" or "the Project area ". 3. Binding � ffect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City", "Developer" and "Developers" are used herein, such terms shall include every successive successor in interest thereto, except that the terms "Developer" and "Developers" shall not include the purchaser or transferee of any lot within the Project area that has been fully developed in accordance with the Project Approvals and this Agreement. (A%13% Ordinance No. 246 Page 7 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which a Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of any Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, deliver to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 4. Development of the Propert y. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 60613:3 Ordinance No. 246 Page 8 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later - adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developers intend to avoid the result in Pardee by acknowledging and providing that Developers shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developers deems appropriate within the exercise of their subjective business judgment. In furtherance of the Parties intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed on the number of dwellings units that can be built each year within the Project Area. However, nothing in this section shall be construed to limit City's right to insure that Developers timely provide all infrastructure required by the Circulation, Phasing, Public Services and Facilities Implementation and Financing Program (Infrastructure Plan), as described in section 6.18 hereof. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless every Developer of the affected portion of the Property has agreed in writing to the amendment. No amendment shall provide benefits to any Developer on terms more favorable than those provided to Developer by the Project Approvals or this Agreement. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits. 600134 Ordinance No. 246 Page 9 design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the square footage or number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Infrastructure Plan to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential or commercial rents; or (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code chapter 17.38 or any successor thereto, within all approved planning units of SP 93 -1, except Planning Unit 44B. (g) modifies the land use from what is permitted by the General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the COG-13J, Ordinance No. 246 Page 10 establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire ten (10) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the fact that the final map may be filed in phases. Each Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement. The term of any Subsequent Approval, except a tentative map, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developers that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Throughout the term of this Agreement, each Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from any Developer if all infrastructure required by the Infrastructure Plan to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the U001.3(a Ordinance No. 246 Page 11 Project Approvals, Subsequent Approvals and this Agreement have been satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. Each Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the Mitigation Monitoring Program and any subsequent or supplemental program. 6.2. Any land within the Project area that is dedicated to MUSD, or any successor district, shall be deed restricted in the form of a covenant running with the land, as set forth in Exhibit "C" attached hereto and incorporated herein, to limit use of the land to public school facilities, kindergarten through 12th grade, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to MUSD or a successor district. 6.3. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.4. As a condition of the issuance of a building permit for each golf course, commercial or institutional use within the boundaries of the Specific Plan, Developer shall pay City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be twenty -five cents (S.25) per square foot of gross floor area. The fee shall be adjusted annually (commencing one (1) 606113 Ordinance No. 246 Page 12 year after the first residential building permit is issued within the Specific Plan) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). Institutional uses shall pay on the same basis as commercial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. This fee may be expended by City in its sole and unfettered discretion. 6.5. As a condition of the issuance of a building permit for each residential, golf course, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Development Fee shall be Seven Thousand Dollars ($7,000.00) per residential unit and Thirty -One Thousand Five Hundred Dollars ($31,500.00) per each approved golf course and per gross acre of commercial or institutional land on which the commercial use is located. The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Specific Plan) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). 6.6. As a condition of the issuance of a building permit for each residential, golf course, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Citywide Traffic Fee shall be Four Thousand Dollars ($4,000.00) per residential unit, Seventy -Two Thousand Dollars ($72,000.00) per each approved golf course, and Eighteen Thousand Dollars ($18,000.00) per acre of commercial and institutional land on which the commercial or institutional use is located. Commencing on January 1, 2001, and annually thereafter, both categories of the U () C-138 Ordinance No. 246 Page 13 Citywide Traffic Fee shall be increased to reflect the change in the State 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 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.7. As a condition of issuance of a building permit for each residential (except for the three hundred sixty -five (365) affordable dwelling units provided for in subsection 6.19. which are exempt from the fee contained in this subsection 6.7), golf course, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. This fee is intended to offset the lower property tax rate for the properties in the Specific Plan than for other areas of the City. The amount of the Community Services Fee shall be Forty -eight Hundred Dollars ($4,800.00) per residential unit, Eighty Two Thousand Six Hundred Dollars ($82,600.00) per each approved golf course, and Twenty -two Thousand Six Hundred Dollars ($22,600.00) per gross acre of commercial and institutional land on which commercial or institutional use is located. The fee shall be adjusted on the seventh, twelfth, seventeenth, twenty- second, and twenty - seventh anniversaries of the operative date of this Agreement. The method and index to be used for the fee adjustment shall be determined as part of the Infrastructure Plan. 6.8. Developer shall grant a conservation easement to retain the lots shown as Open Space /Golf Course and Golf Course with only those uses shown as permitted in the Development Regulations Section 5 of the approved Specific Plan for the Golf Course and Golf Course /Open Space Zones. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The foregoing does not restrict the extraction of subsurface mineral resources by drilling from off the property so long as the drilling apparatus and equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before proceeding with any drilling it shall secure a use permit from the City which may include conditions ordinarily placed upon drilling operations. Further, noise impacts from the drilling shall meet the City's noise standards. (4U613a Ordinance No. 246 Page 14 Timing for recordation of the conservation easement shall be included in the Infrastructure Plan. 6.9. On the operative date of this Agreement, Developer shall pay all outstanding City processing and environmental impact report costs related to Specific Plan No. 8 and for preparation of this Agreement. 6.10. Within ninety (90) days of the operative date of this Agreement, Developer shall pay the City One Hundred Thirty Thousand (S 130,000.00) to offset unreimbursed City costs and accrued interest thereon for work related to the 1992 General Plan update and Sphere of Influence Study that benefitted Developer. 6.11. Within the boundaries of the Specific Plan, Developer shall dedicate, at its sole cost and expense, park land to the City as shown on the Specific Plan. At their sole cost and expense but subject to the limitations set forth in this subsection, Developer shall make improvements to the park land dedicated pursuant to this subsection and shall provide maintenance of the land and improvements. For the park site in Planning Unit 42A (Community Park Site), the improvements shall include, at City's sole discretion, one or more of each of the following items except I. which shall be limited to only one: 1. Softball field with a minimum of 300 foot outfield radius with no obstructions, backstop, foul line chain link fencing, fenced dugouts with concrete floors, and bleachers on concrete pads to seat 150 people with lighting for up to four (4) fields; 2. Regulation soccer field, 225 feet wide and 360 feet long with no obstructions, that does not overlap onto the softball field area, except as approved by the City Council, and two (2) semi - permanent goals with lighting for up to four (4) fields; 3. Lighted tennis courts; 4. Full basketball court; E. Children's play equipment/apparatus and tot lots; 6. Concrete block restroom structure with tile roof, G. Picnic shelter with solid roof and matching tile to the restroom; and COG -140 Ordinance No. 246 Page 15 8. Off - street parking with standard sized parking spaces. 1. One gymnasium and recreation center with the same square footage as the gymnasium and recreation center at Arroyo Vista Community Park, except that the gymnasium shall accommodate two (2) regulation sized volleyball courts with adequate out -of- bounds areas to be overlaid perpendicular to a regulation sized basketball court. The full construction cost of said improvements for the three (3) referenced sites shall not exceed Seven Million Five Hundred Thousand Dollars (57,500,000.00). Said amount shall not include any overhead, administrative or similar costs, or profit by Developer or any Developer affiliated entity. Commencing one (1) year after the first residential building permit is issued within the Specific Plan and annually thereafter, this amount shall be increased to reflect the change in the Price Index that includes park and building construction for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, it shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Final design, plans and specifications shall be as approved by the City Council, including applicable handicapped requirements, and shall include but not be limited to grading, street improvements, drainage, hardscape (walkways, bike paths, etc.) landscape (trees, shrubs, groundcover, and turf), security lighting for the park and parking lot, and miscellaneous amenities in quantities as determined necessary by City (tot lot and park perimeter fencing, trash receptacles, trash bin enclosures, bike racks, barbecues, picnic tables, pay telephone, identification monument signs, and other signage, etc.). The improvement plans and specifications shall be similar to those improvements constructed at other City parks as determined by the City at its sole discretion. In addition to water, sewer and electrical services, the improvements shall include stub out into the park at a location determined by City for natural gas, telephone, and cable television services; and if the park is allowed to be rough graded prior to installation of improvements, it shall be hydroseeded and provided with other appropriate means of erosion control. At their sole cost and expense, Developer shall: (1) design the park improvements and submit conceptual plans for City approval, (ii) prepare final design, plans and specifications and submit the same to City Council for approval, (iii) submit the approved final plans and specifications to City for plan check along with appropriate fees, and (iv) pay City for inspection of the construction. CO 141 Ordinance No. 246 Page 16 The parks shall be dedicated to City improved and available (open) to the public prior to the occupancy of the specified number of dwelling units within the boundaries of the Specific Plan as provided for in the Infrastructure Plan. The park site shall be offered for dedication to City upon approval of the first final map in which the park site is located. After each park is opened to the public and prior to its formal acceptance by City, Developer shall provide a minimum of one year and a maximum of two years' maintenance for the park land and improvements, including all labor, materials, and water, in accordance with the specifications used by City at its parks. All land provided by Developer to City for parks, recreation and open space purposes shall be deeded to City without any restrictions for current or future use. Developer agrees that the above - described improvements along with the dedication of the above - described park land shall be deemed to satisfy the "Quimby" requirement set forth at California Government Code Section 66477 et seq. for all subsequent subdivision maps within the Specific Plan area for a maximum of 3,221 residential units. Developer shall secure the above- described improvements and the one -year maintenance requirement by the execution of City's standard subdivision agreement prior to the approval of the first final tract map or the first final parcel map within the Specific Plan area. 6.12. As a condition of the issuance of a building permit for each residential, commercial, or institutional use within the boundaries of the Specific Plan, Developer shall pay City a library facilities fee as described herein (Library Facilities Fee). The Library Facilities Fee to be paid shall be Four Hundred Sixty Dollars and fifty -six cents ($460.56) for each single family residential dwelling unit, Two Hundred Ninety Eight Dollars and forty -six cents (5298.46) for each multi - family residential dwelling unit and ten cents ($.10) per square foot of each building for non - residential uses. The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Specific Plan) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). For purposes of this fee, commercial and institutional uses shall be considered non- residential construction. CC:C14Z Ordinance No. 246 Page 17 6.13. Developer shall construct public streets adjacent to school and park sites as depicted in the Specific Plan regardless of whether said streets are designated as local or collector streets for a length and to a standard that includes a curb -to -curb width of between 48 feet and 60 feet as determined at City's sole and unfettered discretion in order to provide street parking, bike lanes, and turn lanes in addition to at least two (2) travel lanes and necessary transitions. 6.14. Developer shall construct appropriately sized water lines, pumping facilities, and storage facilities for recycled water consistent with the requirements of the City, Waterworks District No. 1 and Calleguas Water District. Said lines shall be installed prior to the final cap being placed on all streets whether the recycled water is available or not. Developer shall provide service including payment of any connection and meter charges and shall use recycled water for medians and parkways for all public streets, all golf courses, parks, and any other public and commonly owned landscaping and recreation areas. The recycled water line(s) shall be installed for each City approved phase of development and the recycled water shall be in use prior to the first occupancy approval for each City approved phase of development and prior to occupancy approval for each golf course, if such recycled water is available. 6.15. Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more homeowners or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 6.16. Public open space areas consisting of approximately 1700 acres as shown in the Specific Plan is proposed by Developer to be granted, by deed to an entity approved by the City and Developer; however, the entity receiving the land must be structured as a "qualified conservation contribution" as set forth in section 170 (h) (1) of the code (Entity) that enables the dedication of open space land to be transferred in a manner and schedule that insures Developer receives the maximum amount of tax benefits per year over the life of the Project. As a condition of dedication, this mutually agreed upon Entity shall be obligated to grant City a conservation easement in a form acceptable to City consistent with COG-143 Ordinance No. 246 Page 18 Civil Code Section 815 et seq., or in the event Developer has not entered into an agreement to donate the land within five (5) years of the operative date of this Agreement, Developer agrees to grant the City a conservation easement in a form acceptable to the City consistent with Civil Code Section 815 et seq. 6.17. The golf course shown in the Specific Plan as planning unit 40 shall be open to the public to play without the requirement of membership during all hours of operation. Twelve (12) hours in the afternoon (12:00 noon to sunset) each week shall be available at discounted rates for city and school recreational /educational programs. Discounted rates shall be offered to seniors and students residing in the City of Moorpark. The discounted rates shall be determined by Developer and the eligible programs shall be determined by city. Developer shall cause the clubhouse and related facilities on any gold course to be available to the public for rent. City shall be granted two (2) free rentals, except for Developer's out -of- pocket expenses, each year for a City sponsored activity for the golf course on planning unit 40. The date and number of hours shall be by mutual agreement; however, the City shall receive a minimum of eight (8) and maximum of twelve (12) hours of free rental for each golf course. Developer shall enter into an agreement with the City guaranteeing the provisions of the section for a period of ninety -nine (99) years from City Council approval of this Agreement. 6.18. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council an Infrastructure Plan to expand the discussion in Chapter 2.4 (Circulation), 2.5 (Phasing), and 3.0 (Public Services and Facilities) of the Specific Plan to specifically address the requirements for implementation, phasing, financing, and construction responsibilities for the circulation, facilities, and services for each Land Use Planning Unit, including both on -site and off -site circulation, facilities, and services, as well as all affordable housing units, rough grading plans for the Project, parks, trails, circulation, roadways and intersections, drainage, water, recycled water, and wastewater treatment improvements required for implementation of the Specific Plan development, including the requirements required for each approved phase of development. The Infrastructure Plan shall address the specific requirements to be completed, the entity responsible for each item, and the timing for each Land Use Planning Unit. Developer agrees to accept the Infrastructure Plan as approved by the City and to install the improvements as determined by the City and at such times as deemed necessary by the City at the City's sole discretion. ( OG144 Ordinance No. 246 Page 19 6.19. A. Developer agrees to construct three hundred sixty -five (365) dwelling units within the Specific Plan area that are affordable to "Very Low" and "Lower" income households, as defined by the State Department of Housing and Community Development (HCD) published income levels for Ventura County. 2. Developer herein agrees to enter into a Regulatory Agreement with City, for management of the affordable dwelling units, prior to City approval of any Residential Planned Development Permit and/or subdivision map creating residential lots within the Specific Plan area. Such Regulatory Agreement shall be consistent with the agreements herein set forth and shall also set forth the procedure for City monitoring of compliance with the affordable requirements. The Regulatory Agreement shall be in a form approved by the City in its sole discretion and shall provide for Developer payment of City costs to administer said Regulatory Agreement for the duration of the Regulatory Agreement. 3. The 365 affordable dwelling units (DUs) to be constructed on Developer property shall consist of the following unit types: Product Type DUs Rental Units - Very Low and Lower 250 Rental Units - Senior 25 For -Sale Units - Very Low and Lower 70 For -Sale Units - Senior 20 Total affordable Dus 365 Senior units shall mean a group of dwelling units either attached or detached that are rented or sold to a qualified senior citizen as defined in Section 51.3 of the California Civil Code. The number of For -Sale Units can be increased as mutually agreed upon without an amendment to this Agreement. Any proposed increase in the number of rental units that decreases the number of For -Sale Units shall require an amendment to this Agreement. 4. The 250 affordable rental units for Very Low and Lower income households will consist of attached two and/or three -story apartment units to be located in approved Planning Units with VH -1 and VH -2 density categories, as shown on Exhibit 7 of the Specific Plan, but shall not comprise over fifty percent (50 %) of WG�14 5 Ordinance No. 246 Page 20 the units within a particular planning unit. The City Council may approve exceptions to the fifty percent (50 %) limitation without an amendment to this Agreement. One hundred twenty five (125) of the total 250 rental units shall be rented to Very Low income households and one hundred twenty -five (125) shall be rented to Lower income households for a minimum of 40 years from the last building occupancy (final building permit) approval for each apartment project. The Very Low income rental units shall have a minimum of two bedrooms and for income calculation purposes, a three - person household shall be assumed for a two- bedroom apartment and a four - person household shall be assumed for a three- bedroom apartment. The Lower income rental units shall have a minimum of three bedrooms and for income calculation purposes, a four - person household shall be assumed for a three- bedroom rental unit and a five- person household shall be assumed for a four - bedroom rental unit. The monthly rent shall be consistent with the requirement of HCD. 5. The 25 affordable rental units designated for seniors will be located in the senior housing component of the project, Planning Unit 22 on Exhibit 7 of the Specific Plan, with twelve (12) one - bedroom units made available for Very Low Income seniors and thirteen two - bedroom units made available for Lower income seniors. The monthly rent shall be consistent with the requirements of HCD. A one - person household shall be assumed for a one - bedroom senior rental unit and a two- person household shall be assumed for a two- bedroom senior rental unit. 6. The 70 affordable for -sale dwelling units will be either single- family detached (e.g., courtyard homes) or multi - family structures. These units will be located in any of the M, H, and/or VH -1 density categories shown on Exhibit 7 of the Specific Plan. A total of 35 of these for -sale units will be available to families qualifying as a Very Low Income household and 35 will be available to families qualifying as a Lower income household, as defined by HCD for Ventura County. 7. Income qualification for the for -sale units shall be based upon actual household size. 8. For the 35 Very Low income for -sale units, 18 shall have a minimum of two bedrooms and 17 shall have a minimum of three bedrooms. 9. For the 35 Low Income for -sale units, 18 shall have a minimum of three bedrooms, and 17 shall have a minimum of four bedrooms. (10 1.46 Ordinance No. 246 Page 21 10. The 20 affordable for -sale senior units shall be located in the senior housing component in Planning Unit 22, and half shall be made available to Very Low income senior households and half shall be made available to Lower income senior households. 11. The 10 Very Low income for -sale senior units, 18 shall have a minimum of two bedrooms. 12. The 10 Low Income for -sale senior units shall have a minimum of three bedrooms. 13. All affordable for -sale units shall be sold with an owner- occupancy requirement not to exceed forty (40) years and equity share in favor of City with these and other terms to be determined by City in its sole discretion. 14. Prior to a determination of application completeness for any Residential Planned Development Permit and/or subdivision map creating for -sale residential lots within the Specific Plan area, Developer shall submit for City Council approval, a marketing plan for all required affordable for -sale units. Such marketing plan shall provide priority for existing residents and persons employed within the City boundaries for purchase of the affordable for -sale dwelling units. Developer and the City agree that the affordable housing as contemplated herein constitutes certain amounts of unrecoverable costs to Developer (most notably land and land improvement costs). Developer may be able to reduce the amount of unrecoverable costs by providing a portion of the Affordable Housing in a location other than within the project, yet within the boundaries of the City. City agrees that Developer may provide a maximum of 100 units of the total 365 affordable dwelling units, not to exceed 35 of the for -sale units. The same requirements as are described herein above for the required number of Very Low income and Lower income units are applicable; 50 percent shall be affordable to Very Low income and 50 percent shall be affordable to Lower income. Should Developer elect to construct a portion of the affordable units off -site, Developer agrees to increase the total number of affordable units by one (1) unit for every five (5) affordable dwelling units constructed off -site. (For example, should Developer desire to locate 100 of the affordable dwelling units off -site, the total affordable units required of Developer per this Agreement would be increased by 20 units from 365 to 385). In any event, the total number of dwelling units designated within the Specific Plan shall remain 3,221 units. C:06147 Ordinance No. 246 Page 22 Developer agrees to construct the affordable dwelling units on the following timetable: • Prior to the issuance of the 1,0015` residential building permit, at least 100 affordable units as described herein will have received a Final Building Permit/Notice of Completion. • Prior to the issuance of the 2,2015t residential building permit, at least 225 affordable units as described herein will have received a Final Building Permit/Notice of Completion. • Prior to the issuance of the 3,001" residential building permit, all 365 affordable units, or greater amount as determined by other provisions herein above described, will have received a Final Building Permit/Notice of Completion. Developer agrees that a requirement for application completeness for each Master Tentative Map and tentative tract map is that the number of affordable dwelling units, location (by lot number), sizes (including bedrooms), types of affordable dwelling units (rental, for -sale, senior rental, and/or senior for - sale), and the applicable household income categories for such units (Very Low and Lower income) shall be provided to the City for the area covered by the subdivision map, and the City shall impose such conditions of approval on the subdivision map that are required to ensure the provision of the affordable dwelling units and the execution of a Regulatory Agreement to ensure compliance with affordable requirements. Developer agrees to fully fund City Staff necessary to implement the affordable housing requirements and insure compliance with the Regulatory Agreement and subsections 6.19. and 7.11. of this Agreement. The responsibilities of the staff person will include, but not be limited to, assisting with the planning, permitting, and construction of the affordable dwelling units, together with the responsibility for qualifying those families that wish to purchase a for -sale affordable dwelling unit or overseeing the work of a consultant that is hired by the City, and funded by Developer, to perform income qualification review for such units. The City shall not be responsible for income qualification for affordable rental units; however, the Regulatory Agreement shall specify the requirements for compliance and monitoring. 6.20. Developer agrees that the Mitigation Measures included in the City Council approved Final Environmental Impact Report (EIR) and Mitigation Monitoring Program, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer further agrees that air quality fees, referenced but not specifically calculated in the EIR and Mitigation Monitoring Program, are to be calculated as a condition of the issuance of a building C OO148 Ordinance No. 246 Page 23 permit for each residential, commercial, golf course, and institutional use within the boundaries of the Specific Plan. Developer also agrees to pay to City an air quality mitigation fee, as described herein (the Air Quality Fee), in satisfaction of the Transportation Demand Management Fund mitigation requirement in the Final Environmental Impact Report (EIR) for the Specific Plan. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. (On the operative date of this Agreement, the amount of the Air Quality Fee shall be $760 per dwelling unit, $32,000 per gross acre of commercial or institutional land, and $140,504 for each golf course.) For residential projects, the Air Quality Fee shall be the same for all dwelling units approved as part of a Residential Planned Development (RPD) Permit and shall be calculated by the Community Development Department prior to issuance of a Zoning Clearance for the first building plan check for the RPD development. For commercial, institutional, and golf course projects, the Air Quality Fee shall be calculated by the Community Development Department prior to the first occupancy approval for each planned development project. The Air Quality Fee shall be calculated at the times specified in this paragraph using the City's approved model. Developer agreement to pay the Air Quality Fee shall be considered equivalent mitigation for air quality impacts and, therefore, shall relieve Developer of the following air quality mitigation obligations, that are included in the List of Mitigation Measures in the Final Environmental Impact Report, which mitigation measures would otherwise result in a reduction of the fee: • Prior to occupancy of the 1,300`h residential unit, clean -fuel or electric hybrid school buses should be purchased and maintained, by the project applicant, to transport elementary and middle school students living at Hidden Creek Ranch. • Prior to occupancy of the 800`" residential unit, an onsite park and ride lot shall be constructed, by the project applicant, to promote car pooling. • Prior to occupancy of the 1,100`h residential unit, the project applicant shall establish or fund a shuttle service from the onsite residential areas to downtown commercial areas and Metrolink station in the City of Moorpark. • Prior to occupancy of the 2,000`h residential unit, a telecommuting and video conference facility shall be provided in the community commercial center by the master developer. 6 0G149 Ordinance No. 246 Page 24 • Prior to issuance of a zoning clearance for nonresidential projects, the project applicant shall make a contribution to a Moorpark Traffic Systems Management (TSM) Fund of $0.15 per square foot of floor area to fund traffic systems management programs to reduce emissions from transportation sources. (Note: To be used if the applicant does not pay the City's TDM Fund fee, that is based on the Ventura County Air Pollution Control District's formula.) 6.21. Conditional upon the City Council approval of a roadway connection between Specific Plan No. 8 and a Spring Road extension, Developer agrees to fund its pro - rata share of intersection and roadway improvements within Specific Plan No. 2 to accommodate additional traffic, and its pro -rata share of a new wall to attenuate noise and landscaping screening along the west side of Spring Road between High Street and Los Angeles Avenue. Payment for the pro -rata share improvements by Developer shall be made prior to final map approval for the phase of development that requires the roadway connection to the Spring Road extension and may be in the form of a reimbursement payment inclusive of interest payments to the owners of Specific Plan No. 2 or others and City Administrative costs. 6.22. Developer shall install wrought iron fencing and landscaping screening along the west and north sides of Paul Griffin Park, along Collins Drive and Campus Park Drive. Such wrought iron fencing shall be the same quality as the fencing installed in Tierra Rejada Park and the landscape and fencing plans shall be approved by the Director of Community Development. Installation of the wall and landscaping shall occur prior to the first final building permit/occupancy approval for Phase 1 of the Specific Plan development. Developer shall also replace in kind, or in cash, as determined by City in its sole discretion, all park improvements removed as a result of the widening of Collins Drive and Campus Park Drive required by the EIR mitigation measures, Project Approvals or Subsequent Approvals. 6.23. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the agreements contained in subsections 6.11 and 6.19. The plan shall address the entities responsible and method and timing of guarantee for each component of Developers obligations and is subject to City approval at its sole discretion. 6.24. Developer agrees to pay all costs incurred by City to collect any and all fees including but not limited to legal services and City staff time from other property owners within Specific Plan No. 8 for the costs of preparation and processing of the Specific Plan and related Environmental Impact Report. City is not obligated to remit fees COG150 Ordinance No. 246 Page 25 collected from others until such time as Developer has reimbursed City for its collection costs. 6.25. Developer shall dedicate to the Ventura County Fire Protection District (Fire Protection District) a fire station site within the Project at a location mutually agreed upon by the City and Fire Protection District. The site shall be a minimum of one (1) and a maximum of two (2) acres. The land shall be deed restricted in the form of a covenant running with the land, as set forth in Exhibit "A" attached hereto and incorporated herein, to limit use of the land to a fire station, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to the Fire Protection District. 6.26. Developer agrees at its sole cost to install traffic signals at any intersection within the Project as determined by the City in its sole discretion. Final design, plans and specifications shall be as approved by the City Council. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.27. Each Developer hereby waives any right that it may have under California Government Code Section 65915 et. seq., or any successor thereto, or any other provision of Federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of dwelling units approved to be constructed in Specific Plan No. 8. 6.28. Developer shall cooperate and pay all costs to process an application for expansion of the City's Sphere of Influence and annexation of the property encompassed by the Specific Plan to the City of Moorpark. 6.29. If approved as part of the Specific Plan, Developer shall diligently pursue and process, at its sole cost and expense, all necessary applications and approvals required from the County of Ventura to construct the Spring Road Connector across Happy Camp Canyon Park. 6.30. Developer agrees that no dwelling shall be constructed within eight hundred (800) feet of an existing oil /gas well, or proposed drilling site, unless Developer records with the title to the property a statement, acceptable to the City Attorney acknowledging the presence of a well or drilling site and the fact that operations associated therewith may disturb future occupants, even though said operations are being conducted in accordance with specific permit conditions. Developer shall also cause said notice to be recorded on each lot of any subdivision of such property and the buyer of the property to sign an acknowledgment of this statement. In no case shall a dwelling be constructed closer than one hundred (100) feet to the well sites. (A)6151 Ordinance No. 246 Page 26 6.31. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway and median landscaping, street lighting and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 6.32. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings, and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.33. Developer agrees that the Infrastructure Plan shall contain a provision obligating Developer for the long term maintenance of streets that are used by construction vehicles. 6.34. Developer shall form one or more property owner associations to assume ownership and maintenance of open space land, trails and other amenities. The obligation of said property owner associations shall be more specifically defined in the Infrastructure Plan. 6.35. At any time prior to the occupancy of the last residential dwelling unit within the Specific Plan and upon the request of the City, Developer shall construct at its sole cost an extension of Campus Park Drive from its current terminus at Happy Camp Canyon Park to the Spring Road connector road so long as said extension is approved by the County of Ventura and City. The Infrastructure Plan shall address the requirements for the conceptual alignment and design for said extension. Final design, plans and specifications shall be as approved by the City at its sole discretion. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.36. For APN 500 -0- 290 -075, 615 -0 -110 -195, 615 -0- 110 -185, 615 -0 -110 -115, and 615 -0- 150 -195 (buffer parcels), Developer agrees to transfer all uses presently, or that at 00615% Ordinance No. 246 Page 27 any time in the future may be allowed by the County of Ventura Zoning Ordinances and Codes whether by right or permit and all uses that may be allowed in the future by the City of Simi Valley Zoning Ordinances and Codes whether by right or permit to a City owned or controlled property. Said transfer shall occur prior to City Council approval of the Infrastructure Plan, and Developer shall execute all documents determined necessary to effectuate said transfer for the purpose of retaining the buffer parcels as permanent open space in perpetuity. The City at its sole discretion shall select the property to benefit from said transfer. This transfer of uses shall not preclude Developer from conveying said buffer parcels to others for the purpose of having them retained as permanent open space in perpetuity. 6.37. Developer agrees that the mass grading in Planning Units 1 -26, both inclusive, 29, and 36 through 45, both inclusive, shall not exceed Twenty -One Million, Six Hundred Thousand (21,600,000) cubic yards of cut material. Developer agrees to undertake fine grading of Planning Unit 40 (golf course) at a point in time approved by the City, in its sole discretion, when fine grading for home sites is not also occurring. 6.38. Prior to issuance of the Two Thousand and first (2001 st) residential building permit or City issuance of any building permit for commercial property that is in excess of fourteen (14) acres, whichever occurs first, Developer shall conduct traffic studies as determined necessary by the City in its sole discretion for the intersection of Collins Drive and Campus Park Drive to determine the Level of Service. City, at its sole option, may conduct said traffic studies and Developer shall pay for them. If the Level of Service falls below Level of Service (LOS) C, as determined above, then no further residential or commercial building permits shall be issued until either of the following occur as determined at the sole discretion of the City: 1) the intersection of Collins Drive and Campus Park Drive is returned to LOS C as a result of additional measures approved by City in its sole discretion and which shall be constructed by Developer at its sole expense, or 2) Developer has constructed Alamos Canyon Road from the project to a point within the City of Simi Valley and the interchange at State Route 118 and Alamos Canyon Road is operational. If Option 2 is determined, then Developer shall obtain all necessary environmental clearances and at its sole cost construct a connection of Alamos Canyon Road from Hidden Creek Drive if all three (3) of the following events occur: A) The Alamos Canyon Road interchange at State Route 118 is constructed; B) The City of Simi Valley consents to its construction; and (JOG--1.53 Ordinance No. 246 Page 28 C) The Level of Service at the intersection of Collins Drive and Campus Park Drive is determined by the City in its sole discretion to be below Level of Service C. If this intersection is at Level of Service C or better at that time, then Developer shall be allowed to proceed with the issuance of additional residential building permits except that prior to the issuance of the 2200th, 2400th, 2600th, 2800th, and 3000th residential building permits and prior to issuance of any building permit for the fifteenth (15`h) acre of commercial and each subsequent acre of commercial development, Developer shall conduct traffic studies as determined necessary by the City in its sole discretion for this intersection to determine the Level of Service. City, at its sole option, may conduct said traffic studies and Developer shall pay for them. If the Level of Service falls below Level of Service C, as determined above, then no further residential or commercial building permits shall be issued until one of the two options listed above occurs as determined at the sole discretion of the City Prior to issuance of the 2200`h residential building permit or City issuance of any building permit for commercial property that is in excess of fourteen (14) acres of commercial development, Developer shall post a surety in an amount and form approved by the City in its sole discretion for the construction of additional measures as approved by the City as provided herein above to return the intersection of Campus Park and Collins Drives to LOS C, or for the construction of Alamos Canyon Road from the project to a point determined by the City in its sole discretion. Said surety shall not be released until construction is completed, or until it's determined not to be needed, as determined by City in its sole discretion. The Infrastructure Plan shall address the requirements for conceptual alignment and design for Alamos Canyon Road. Mitigation measures, any necessary environmental clearances, final design, plans, and specifications shall be as approved by the Council. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.39. Prior to the determination of completeness for the first subdivision or parcel map (Map) for the Property, Developer shall submit and obtain City Council approval, in Council's sole discretion, of a State Route 118 Bypass Road Implementation and Financing Plan (the "Bypass Plan"). The Bypass Plan shall include but not be limited to improvements to be funded including rights -of -way acquisition; engineering studies including feasibility analyses, preliminary and conceptual designs, projected timeline for each phase of work, and cost estimates for all components of the Bypass Plan; and financing/funding methodology including determination of benefit for each property owner and budget for each component of the Bypass Plan. At the City's option, Developer shall be responsible to implement the approved Bypass Plan. uow. ,54 Ordinance No. 246 Page 29 Implementation means administration of the requisite tasks needed for construction of the improvements specified in the Bypass Plan including but not limited to retaining and managing contract consultants, preparation of final design plans and specifications, rights -of -way acquisition, and if needed, obtaining Federal, State, and County approvals. Consistent with the schedule included in the Bypass Plan, implementation shall commence immediately upon City's approval of the Bypass Plan. All work shall be performed consistent with applicable Federal, State and City codes, laws, regulations, and policies such that the result is as if the City was performing the work including, but not limited to, competitive bidding pursuant to the Public Contracts Code and payment of prevailing wage. This shall include but not be limited to City approval of all contracts. If Developer implements the Bypass Plan, it shall be reimbursed for all costs consistent with the Bypass Plan except for Developer's costs for administration of contracts. The City retains the right to perform the implementation itself or to replace Developer at any time with five (5) days written notice with the City or a City approved agent to implement the Bypass Plan. Prior to issuance of the 100151 residential building permit within the Project, the City must approve at its sole discretion the final design plans and specifications for the Bypass Plan improvements together with a funding/financing plan that demonstrates the ability to fund the Bypass Plan improvements whether or not Developer implements the Bypass Plan. Developer shall advance all monies necessary to fund the Bypass Plan and its implementation until such time as sufficient funds are collected from participating property owners to reimburse Developer for such advances. Reimbursement shall be without interest and shall be consistent with the budget contained in the approved Bypass Plan. Prior to issuance of the 2001" residential building permit within the Project, construction of the Phase 1 improvements consistent with the approved Bypass Plan shall have been commenced unless the City in its sole discretion elects to delay construction. Developer agrees that consistent with Section 7.12 of this Agreement, the Bypass Plan shall include a provision to reimburse the City with the first available fees subsequently collected after any advanced amounts plus six percent (6 %) compound interest on the amounts advanced from the Development Fee. U06155 Ordinance No. 246 Page 30 70 City Agreements. 7.1. City shall commit the necessary time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for Phase A of the Project, as shown on Exhibit 32 of the Specific Plan, and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7.2. As authorized by Government Code Section 65456, City agrees to impose a fee upon other properties within the Specific Plan, not owned by Developer, on a pro -rata basis for the costs of preparation and processing of the Specific Plan and related Environmental Impact Report. The pro -rata basis shall be the number of approved dwelling units for each property owner divided by the total number of dwelling units approved within the Specific Plan. City shall reimburse Developer and such fees collected from other property owners for the cost of preparation and processing of the Specific Plan and Environmental Impact Report within thirty (30) days of receipt of such fees and upon reimbursement by Developer to City for all costs of collection as provided for in subsection 6.24 of this Agreement. 7.3. City agrees that upon receipt of a landowners' petition by Developer and Developer's payment of a fee, as prescribed in California Government Code Section 53318, City shall commence proceedings to form a Mello -Roos Community Facilities District ( "District ") and to incur bonded indebtedness to finance all or portions of the public facilities, infrastructure and services that are required by the Specific Plan and that may be provided pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act "); provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the District upon the conclusion of the public hearing required by California Government Code Section 53321 and/or deem it unnecessary to incur bonded indebtedness at the conclusion of the hearing required by California Government Code Section 53345. In the event that a District is formed, the special tax levied against any residential lot or residence thereon shall afford the buyer the option to prepay the special tax in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence. 7.4. If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer which are outside City's legal boundaries. The process shall generally follow Government Code Section 66457 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay C0G3.5b Ordinance No. 246 Page 31 all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs and City staff costs. 7.5. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of Phase I of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the Specific Plan and approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading; construction of on -site and off -site improvements consistent with the City Council approved Infrastructure Plan. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.6. City agrees that Developer is exempt from the payment of Los Angeles Avenue area of contribution (AOC) fees. 7.7. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. 7.8. City agrees to sell to Developer at fair market value the portion of Griffin Park necessary to widen Collins Drive and Campus Park Drive consistent with approval of the Specific Plan, EIR mitigation measures, Project Approvals and Subsequent Approvals. 7.9. City agrees that the land and improvements required under subsection 6.11. of this Agreement meets Developer's obligation for park land dedication under applicable provisions of state law and City codes. 7.10. City agrees to cooperate with Developer consistent with subsection 6.16. Of this Agreement to allow Developer to receive the maximum amount of tax benefits for the dedication of public open space. 7.11. The City agrees to appoint an affordable housing staff person to oversee the implementation of the affordable housing requirements for the Specific Plan and compliance with the Regulatory Agreement required herein for the duration such units are required to be maintained as affordable, contingent upon the full funding of the staff time by Developer, based on the City's adopted fee schedule for staff and contract staff as required by subsection 6.19. of this Agreement. UOUT2 Ordinance No. 246 Page 32 7.12. City agrees that consistent with Section 6.39 of this Agreement, it shall reimburse Developer for any Bypass Plan implementation costs from the Citywide Traffic Fee collected from Developer pursuant to Section 6.6 of this Agreement and any fees collected pursuant to the approved Bypass Plan, and at City's sole discretion, any similar fees collected by City and deposited in the City's Citywide Traffic Fund. City agrees to restrict use of the Development Fee collected pursuant to Section 6.5 of this Agreement for the first 1000 residential building permits within the project as an advance to construct improvements of the Bypass Plan if needed to construct the improvements consistent with Section 6.39 of this Agreement. The City agrees the Bypass Plan shall include a provision to reimburse the City with the first fees subsequently collected after any advanced amounts plus six percent (6 %) compound interest on the amounts advanced from the Development Fee. City agrees that any right of way acquisition required to implement the By Pass Plan pursuant to Section 6.39 of this Agreement shall be administered by City at the expense of Developer. City retains the right to determine if eminent domain procedures shall be initiated. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developers with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developers hereunder or render this Agreement invalid or void. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of (A)GISS Ordinance No. 246 Page 33 water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. No Developer shall be deemed to have breached this Agreement as a result of a default by any other Developer, but any Developer shall be deemed in breach if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (c) fails to make any payments required under this Agreement; or (d) materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.2. Default by City. City shall be deemed in breach of this Agreement if it: (a) materially breaches any of the provisions of the Agreement and the same is not cure within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice (0G1s!) Ordinance No. 246 Page 34 shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and/or specific performance. The remedies for breach of the Agreement by a Developer shall be injunctive relief and/or specific performance. In addition, and notwithstanding Subsection 11.5, if the breach is of Subsection 6.11 (parks) or Subsection 6.19 (affordable housing) of this Agreement, City shall have the right to withhold the issuance of building permits to all Developers throughout the Project area from the date that the notice of violation was given pursuant to subsection 11.2 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. 11.5. Violation Limited To Developer in Breach. No breach hereunder by a Developer shall constitute a breach applicable to any other Developer, and any remedy arising by reason of such breach shall be applicable solely to the Developer that committed the breach. Any liability arising by reason of such breach shall be the liability and obligation solely of the Developer that committed the breach. 11.6. Copies of Notices of Violation. At the time that City gives a notice of violation to a Developer, City shall send a copy of the notice to every other Developer who has made a prior written request to receive notices of violation, provided that the request states the name and mailing address of the requester and the request makes specific reference to this section. The copies shall be sent by first class United States mail. 12. Mortgage Protection. At the same time that City gives notice to any Developer of a breach by that Developer, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "). 000100 Ordinance No. 246 Page 35 provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, any Developer may deliver written notice to City and City may deliver written notice to any Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the affected Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The affected Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, as to any Developer by mutual consent of City (JOUG1. Ordinance No. 246 Page 36 and the affected Developer. No amendment shall provide benefits to any Developer on terms more favorable than those provided to Developer by the Project Approvals or this Agreement. 15.1. Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement. 16. Indemnification. Each Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, that Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date that the Property is annexed to City. 19. Term. This Agreement shall remain in full force and effect for a term of thirty (30) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) vouti;44 Ordinance No. 246 Page 37 day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "D" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developers, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Ordinance 59 of City or any successor thereof then in effect. 27. Cooperation Between City and Developers. City and each Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 000163 Ordinance No. 246 Page 38 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the Infrastructure and Financing Plan be found to be in conflict with any provision of this Agreement, the provisions of the Infrastructure and Financing Plan shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. (100164 Ordinance No. 246 Page 39 IN WITNESS WHEREOF, Hidden Creek Ranch, L.P. and City of Moorpark have executed this Development Agreement on the date first above written CITY OF MOORPARK PON Patrick Hunter, Mayor ATTEST: ftw Deborah S. Traffenstedt, City Clerk HIDDEN CREEK RANCH, L.P. a California limited Partnership BY: EAST VENTURA HILLS PARTNERS, L.P., a California limited partnership a General Partner BY: MESSENGER PARTNERSHIP XVI, L.P. a California limited partnership, a General Partner BY: MESSENGER INVESTMENT COMPANY, a California corporation, a General Partner 1'_3'E William S. Messenger, Jr., President William S. Messenger, Jr., a General Partner (j ®G1Gz i Ordinance No. 246 Page 40 EXHIBIT A DEVELOPMENT AGREEMENT HIDDEN CREEK RANCH SPECIFIC PLAN SPECIFIC PLAN NO. 8 That portion of Tracts "J" and "K' of Rancho Simi, in the County of Ventura, State of California, said Tracts "J" and "K" are shown on the map recorded in the office of the County Recorder of said County in Book 3, Page 7 of Miscellaneous Records, described as follows: Beginning at the northeast comer of Tract No. 3963 -2 as recorded in the office of said County Recorder in Book 112, Page 45 of Miscellaneous Records, said corner being the east terminus of the 85th course of the Incorporation of the City of Moorpark as recorded in the office of said County Recorder on March 30, 1983 as Document No. 31119 of Official Records; thence, along the existing boundary of said City of Moorpark by the following seven (7) courses: 1 st - North 89 °22'48" West 3250.40 feet; thence, 2nd - South 19 °30'17" West 743.13 feet; thence, 3rd - South 60 °03'25" West 1657.03 feet; thence, 4th - South 37'54'36" East 1418.87 feet; thence, 5th - North 87 044'38" West 1338.17 feet; thence, 6th - North 89 °25'09" West 1889.89 feet; thence, 7th - North 89 °23'04" West 295.00 feet the southeast comer of Lot 5 as shown on the parcel map recorded in the office of said County Recorder in Book 19, Page 5 of Parcel Maps; thence, along the westerly line to and along the westerly line of Lot 3 of said parcel map by the following three (3) courses: 8th - North 7 "04'16" West 1449.17 feet; thence, 9th -North 1 °59'42" West 1423.69 feet; thence, 10th - North 32'29'43" West 1289.81 feet to the intersection with the 1 a course of the Stratheam Annexation to the Ventura County Waterworks District No. 1 as described in Document No. 137030 recorded on December 12, 1978 in the office of said County Recorder in Book 5281, Page 587 of Official Records; thence, along the boundary of said Stratheam Annexation by the following 147 courses: 11th - North 89 °23'07" West 1379.94 feet; thence, WCAL66 Ordinance No. 246 Page 41 12th - North 0 036'48" East 1320.04 feet; thence, 13th - South 89 °23'09" East 99.99 feet; thence, 14th - North 22 °31'40" West 583.93 feet; thence, 15th - North 22 053'57" East 665.00 feet; thence, 16th - North 28 °01'30" East 849.40 feet; thence, 17th - North 16 045'02" West 317.29 feet; thence, 18th - North 8 °56'51" East 449.02 feet; thence., 19th - South 89 °3547" East 2130.70 feet; thence, 20th - North 0 °28'50" East 5101.37 feet; thence, 21 st - North 56 °39'33" East 28.59 feet; thence, 22nd - North 70 °05'46" East 123.37 feet; thence, 23rd - South 43 027'06" East 62.30 feet to the beginning of a curve concaved southwesterly and having a radius of 275.00 feet; thence, along said curve, 24th - Southeasterly and southerly 139.10 feet through a central angle of 28 058'53 "; thence, 25th - South 14028'13" East 22.06 feet; thence, 26th - South 16'27'36" West 46.28 feet to the beginning of a curve concaved easterly and having a radius of 150.00 feet; thence, along said curve, 27th - Southerly 91.35 feet through a central angle of 34 °53'42 "; thence, 28th - South 18'26'06" East 29.69 feet to the beginning of a curve concaved northeasterly and having a radius of 40.00 feet; thence, along said curve, 29th - Southerly, southeasterly, and easterly 59.06 feet through a central angle of 84 036'13 "; thence, 30th - North 76 °57'41" East 66.06 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, Ordinance No. 246 Page 42 31st - Easterly and southeasterly 191.06 feet through a central angle of 43 047'19 thence, 32nd - South_ 59 °15'00" East 168.27 feet to the beginning of a curve concaved northerly and having a radius of 125.00 feet; thence, along said curve, 33rd - Southeasterly and easterly 95.29 feet through a central angle of 43 °40'34 "; thence, 34th - North 77 004'26" East 111.97 feet; thence, 35th - North 86 °20'17" East 125.26 feet; thence, 36th - North 53 °07'48" East 150.00 feet; thence, 37th - North 64 054'02" East 209.81 'feet; thence, 38th - North 56 012'50" East 463.28 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 39th - Northeasterly and easterly 176.87 feet through a central angle of 40 032'07 "; thence, 40th - South 83 °15'03" East 211.65 feet to the beginning of a curve concaved northerly and having a radius of 200.00 feet; thence, along said curve, 41 st - Easterly and northeasterly 129.50 feet through a central angle of 37 °05'52 "; thence, 42nd - North 59 039'05" East 79.08 feet to the beginning of a curve concaved northwesterly and having a radius of 2000.00 feet; thence, along said curve, 43rd - Northeasterly 353.23 feet through a central angle of 100OT09'; thence, 44th - North 49'31'56" East 193.17 feet to the beginning of a curve concaved southerly and having a radius of 100.00 feet; thence, along said curve, 45th - Northeasterly and easterly 68.72 feet through a central angle of 39 °2223 "; thence, 46th - North 88054'19" East 132.39 feet to the beginning of a curve concaved southerly and having a radius of 350.00 feet; thence, along said curve, 47th - Easterly 85.75 feet through a central angle 'of 14 °02'14 "; thence, 48th - South 77 °03'27" East 174.90 feet to the beginning of a curve concaved northerly and having a radius of 350.00 feet; thence, along said curve, 49th - Easterly 137.50 feet through a central angle of 22'30'33 "; thence, C ®Gl,Gfi Ordinance No. 246 Page 43 50th - North 80 °26'00" East 77.88 feet to the beginning of a curve concaved southerly and having a radius of 225.00 feet; thence, along said curve, 51st - Easterly and southeasterly 151.37 feet through a central angle of 38 032'47 "; thence, 52nd - South 61 °01' 13" East 192.54 feet; thence, 53rd - South 66 °43'38" East 404.95 feet; thence, 54th - South 53 °50'00" East 105.68 feet to the beginning of a curve concaved northerly and having a radius of 60.00 feet; thence, along said curve, 55th - Southeasterly, easterly, and northeasterly 75.60 feet through a central angle of 72 °11'32 "; thence, 56th - North 53 °58'28" East 58.44 feet; thence, 57th - North 75 030'00" East 76.00 feet to the beginning of a curve concaved northwesterly and having a radius of 100.00 feet; thence, along said curve, 58th - Easterly, northeasterly, and northerly 97.58 feet through a central angle of 55 °54'32" to a reverse curve concaved southeasterly and having a radius of 110.00 feet; thence, along said curve, 59th - Northerly, northeasterly, and easterly 111.12 feet through a central angle of 57 052'48 "; thence, 60th - North 77 °28'16" East 111.87 feet; thence, 61st - North 71"14'59" East 148.61 feet; thence, 62nd - North 71' 15'02" East 45.01 feet; thence, 63rd - South 85'59'09" East 246.26 feet; thence, 64th - North 88'18'25" East 214.85 feet; thence, 65th - South 81'17'42" East 312.84 feet; thence, 66th - North 83 °35'44" East 262.46 feet; thence, 67th - South 67 °54'46" East 75.20 feet; thence, 68th - South 56 057'50" East 97.22 feet; thence, 4 00011614 Ordinance No. 246 Page 44 69th - South 71 °16'27" East 211.81 feet; thence, 70th - South 69 °26'38" East 410.55 feet to the beginning of a curve concaved northerly and having a radius of 500.00 feet; thence, along said curve, 71st - Easterly 172.80 feet through a central angle of 19048'04 "; thence, 72nd - South 89 °14'42" East 152.59 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 73rd - Easterly and southeasterly 189.38 feet through a central angle of 43 °24'08" to a reverse curve concaved northerly and having a radius of 150.00 feet; thence, along said curve, 74th - Southeasterly and easterly 167.06 feet through a central angle of 63 °48'40 "; thence, 75th - North 70 020'46" East 75.00 feet; thence, 76th - North 84 00311" East 96.52 feet; thence, 77th - North 56 °53'19" East 164.75 feet; thence, 78th - North 6201 V54" East 226.74 feet; thence, 79th - South 86 036'49" East 232.84 feet; thence, 80th - North 86 °14'54" East 61.13 feet; thence, 81 st - South 69 026'38" East 59.81 feet; thence, 82nd - South 51 °54'40" East 47.01 feet; thence, 83rd - South 7103354" East 56.92 feet; thence, 84th - South 44'43'27" East 98.53 feet; thence, 85th - South 45'08'10" East 81.18 feet to the beginning of a curve concaved northerly and having a radius of 225.00 feet; thence, along said curve, 86th - Southeasterly and easterly 203.66 feet through a central angle of 51 °51'44 "; thence, 87th - North 83 °00'06" East 337.50 feet; thence, 5 600170 Ordinance No. 246 Page 45 88th - North 75 °09'24" East 380.64 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 89th - Easterly 110.73 feet through a central angle of 25 °22'36 "; thence, 90th - South 79 028'00" East 108.87 feet to the beginning of a curve concaved northerly and having a radius of 800.00 feet; thence, along said curve, 91st - Easterly 371.29 feet through a central angle of 26 °35'30 "; thence, 92nd - North 73 05630" East 171.87 feet to the beginning of a curve concaved southerly and having a radius of 250.00 feet; thence, along said curve, 93rd - Easterly 141.89 feet through a central angle of 32 031'06 "; thence, 94th - South 73932'24" East 63.85 feet to the beginning of a curve concaved northerly and having a radius of 350.00 feet; thence, along said curve, 95th - Easterly 151.30 feet through a central angle of 24 °46'06 "; thence, 96th - North 81.41'30" East 241.90 feet to the beginning of a curve concaved northerly and having a radius of 300.00 feet; thence, along said curve, 97th - Easterly and northeasterly 138.84 feet through a central angle of 26 °30'58 "; thence, 98th - North 55' 10'32" East 50.28 feet; thence, 99th - North 67 °04'04" East 84.69 feet; thence, 100th - North 69'21'11" East 236.05 feet to the beginning of a curve concaved northwesterly and having a radius of 450.00 feet; thence, along said curve, 101st - Easterly and northeasterly 323.23 feet through a central angle of 41'09'19 "; thence, 102nd - North 28011'52" East 173.95 feet; thence, 103rd - North 20'3322" East 68.35 feet; thence, 104th - North 2'i'24'27" East 44.64 feet to the beginning of a curve concaved southeasterly and having a radius of 100.00 feet; thence, along said curve, 105th - Northerly, northeasterly, and easterly 141.12 feet through a central angle of 80 051'26 "; thence, 0 CM -91. Ordinance No. 246 Page. 46 106th - South 77 044'07" East 64.84 feet; thence, 107th - South 59 026'10" East 147.49 feet; thence, 108th - South 72 °47'02" East 222.99 feet; thence, 109th - North 74 °30'00" East 228.02 feet to the beginning of a curve concaved northerly and having a radius of 450.00 feet; thence, along said curve, 110th - Easterly and northeasterly 107.17 feet through a central angle of 13 °38'45 "; thence, 111th - North 60 051'15" East 15.30 feet; thence, 112th - North 69 °48'51" East 72.45 beet; thence, 113th - South 86 °49'13" East 20.77 feet to the beginning of a curve concaved northerly and having a radius of 225.00 feet; thence, along said curve, 114th - Easterly and northeasterly 135.26 feet through a central angle of 34 °26'36 "; thence, 115th - North 58 °44'11" East 36.28 feet; thence, 116th - North 65 °04'17" East 156.59 feet to the beginning of a nontangent curve concaved southeasterly, having a radius of 350.00 feet, and having a radial to said beginning of said curve bearing North 44051'50" West; thence, along said curve, 117th - Northeasterly and easterly 238.39 feet through a central angle of 39 001'28 "; thence, 118th - North 84 009'38" East 185.67 feet; thence, 119th - North 74'39'00" East 52.89 feet; thence, 120th - North 62006'10" East 177.02 feet; thence, 121 st - South 0'4958" West 6274.59 feet; thence, 122nd - South $9'33'21" East 4594.55 feet; thence, 123rd - South 59 039'43" West 186.08 feet; thence, 124th - South 40 °01'49" West 326.50 feet; thence, 125th - South 66 °15'02" West 546.26 feet; thence, 7 (YOU iz Ordinance No, 246 Page 47 126th - South 25 °27'44" West 465.19 feet; thence, 127th - South 9 °27'44" West 304.14 feet; thence, 128th - South 3 °05'39" East 370.54 feet; thence, 129th - South 16 041'57" West 730.82 feet; thence, 130th - South 23 °35'41" West 474.68 feet; thence, 131 st - South 3 020'02" East 461.56 feet; thence, 132nd - South 18 °26'06" West 252.98 feet; thence, 133rd - South 15 °56'43" East 364.01 feet; thence, 134th - South 8 °52'50" West 67.90 feet; thence, 135th - WEST 350.33 feet; thence, 136th - SOUTH 506.22 feet; thence, 137th - South 62 021'14" West 552.65 feet; thence, 138th - South 36 °28'09" West 286.01 feet; thence, 139th - South 82 052'30" West 806.23 feet; thence, 140th - South 62 °31'32" West 281.78 feet; thence, 141 st - South 28'48'39" West 456.51 feet; thence, 142nd - South 1'50'51" West 310.16 feet; thence, 143rd - South 36'05'54" West 594.05 feet; thence, 144th - South 59055'53" West 219.55 feet; thence, 145th - South 79'33'45" West 386.39 feet; thence, 146th - North 77 °59'19" West 480.52 feet, thence, 147th - South 86'15'25" West 1072.29 feet; thence, a 606-173 Ordinance No. 246 Page 48 148th - South 17 °21'30" West 776.07 feet to the existing boundary of said City of Moorpark; thence, along said boundary by the following ten (10) courses: 149th - North 89 °33'21" West 844.98 feet; thence, 150th - South 0 026'39" West 660.00 feet; thence, 151 st - North 89 °33'21" West 2496.79 feet; thence, 152nd - North 9 °59'29" West 163.79 feet; thence, 153rd - North 62 058'06" West 267.24 feet; thence, 154th - North 25 014'06" West 252.32 feet; thence, 155th - North 41 °19'06" West 136.00 feet; thence, 156th - North 65 °51'38" West 284.04 feet; thence, 157th - North 0 °37'10" East 1844.08 feet to the point of beginning and containing 4360.11 acres. 1998:98 -33Pk OOC s C00174 O uA i L1? i Zh Carr d Y..'" f IM CmO""W► d0-Av me 1 3111@001 I I l > J&w /11OpfD M/l1MIO1�OI161111 �_r��'� flr ryprq d I..rr '! rrnl X' d 11b� 1n� n M ...i +1 V v�ti• Sw.d Crbrr 7 Ordinance No. 246 Page 50 Exhibit "B" DEVELOPMENT AGREEMENT for Specific Plan No. 8 Properties Owned or Controlled by Hidden Creek Ranch, L.P. Parcel Acres Exhi it - Parcel 1, Parcel Map Waiver No. 866 746.03 acs. 1 - Parcel 2, Parcel Map Waiver No. 866 994.55 acs. 1 - Parcel 3, Parcel Map Waiver No. 866 1,181.80 acs. ; - Parcel 4, Parcel Map Waiver No. 866 883.28 acs. 1 - Lot 5, Parcel Map 3220 -1 45.00 acs. 2 - Lot 6, Parcel Map 3220 -1 44.99 acs. 2 - Lot 4, Parcel Map 3220 -1 54.28 acs. 2 - Lot 3, Parcel Map 3220 -1 54.60 acs. 2 - Lot 2, Parcel Map 3220 -1 44.31 acs. 2 - Parcel 1 of that portion of Track K Lindquist Trust Parcel 2, 46PM7 of the Rancho Simi, County of Ventura, 5 500 -0- 280 -004, State of California, as per map thereof Parcel 8, 19PM5 40.69 recorded in Book 3, page 7 of Maps, in Capital Co. the office of the County Recorder of Ventura County 85.99 acs. 3 - Parcel 3 and 4, Parcel Map 19 PM 6 81.18 acs. 4 Properties Owned by Parties Other Than Hidden Creek Ranch, L.P. APN Owne r Parcel Acres Exhibit 500 -0- 170 -028 Ken N. /Sharon Lot 1, PM 3220 -1 42.48 2 Scribner 500 -0- 170 -034 Ralph D/ Georgia Parcels 182, 34PM34 88.95 5 500 -0- 170 -035 Mahon 500 -0- 170 -036 Waters Parcel 1, 46PM7 45.99 5 500 -0- 170 -037 Lindquist Trust Parcel 2, 46PM7 41.30 5 500 -0- 280 -004, Ventura Pacific Parcel 8, 19PM5 40.69 4 Capital Co. 500 -0- 280 -017 Moorpark College 4.39 6 500 -0- 280 -019 William Obrian/ Parcel 7, 19PM5 40.32 4 Marianne Trust 500 -0- 280 -020 Ventura Pacific Parcel 5, 19PM5 40.76 4 Capital Co. 500 -0- 280 -021 Sunshine Ranch Parcel 6, 19PM5 40.24 4 (Namba) Ordinance No. 246 Page 51 EXHIBIT 1 EY,HIBIT A PARCEL VfAP WAIVER NO ?66 (LARGE LOT SUBDIVISIO.V� PARCEL i THOSE PORTIO,VS OF TRACTS JAND K OF RANCHO SIMI, IN THE COUVTYOF VEN TURA. STATE OF CALIFORNI.4..4S PER .LfAP RECORDED IN BOOK 3, PAGE 7 OF MISCELLANEOUS RECORDS (MAPS). I FHE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY, DESCRIBEDAS FOLLOWS. BEGIVNLVG AT THE NORTHEASTERLYCORNER OF PARCEL 8 OF PARCEL MAP FILED IN BOOK 19 PAGES 5 AND 6 OF PARCEL MAPS. IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE NORTHERLYLINE OFSAID PARCEL MAP, I ST : NORTH 8922'48" WEST 1369.61 FEET TO THE EASTERLY LINE OF PARCEL MAP NO. 3220-1 FILED IN BOOK 31 PAGES 75, 76 AND 77 OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY RECORDER. THENCE .4 LONG SAID EASTERLY LINE, 2ND. .NORTH 0 '20'33" EAST 531 1.35 FEET TO THE SOUTHERLY LINE OF SECTION 22, TOWNSHIP 3 NORTH. RANGE 19 WEST OF SAID RANCHO; THENCE ALONG SAID SOUTHERLY LINE. 3RD.- :NORTH 89 °35'47" WEST 2640.00 FEET TO THE WEST LINE OF THE EAST HALF OFSAID SECTION 22. BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING AND LENGTH OF SOUTH 0'-78'50" WEST 5101.37 FEET IN-THE EASTERLYLINE OF THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 4219, PAGE 364 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE BOUNDARYOF SAID DEED THE FOLLOWING FIFTY COURSES, 4TH : ;NORTH 0 °28'50" EAST 5101.37 FEET THENCE, 5TH : NORTH 56 039'33" EAST 28.59 FEET; THENCE, 6TH. .NORTH 70 '05'46" EAST 123.37 FEET; THENCE, 'TH : SOUTH 43 '27'06" EAST 62.30 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHWESTERLYAND HAVING A RADIUS OF275.00 FEET; THENCE. 8TH.- SO UTHEASTERL YA LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'58'53" A DISTANCE OF 139.10 FEET; THENCE TANGENT TO SAID CURVE, 9TH: SOUTH 14 028'13" EAST 22.06 FEET; THENCE, 10TH : SOUTH 16'27'36" WEST 46.28 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE EASTERLYAND HAVING A RADIUS OF 150.00 FEET,- THENCE, 1ITH: SOUTHERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF34 '53'42 "A DISTANCE OF 91.36 FEET; THENCE TANGENT TO SAID CURVE, 12TH.- SOUTH 18'26'06" EAST 29.69 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLYAND HAVING A RADIUS OF 40.00 FEET; THENCE. PAGE 1 OF 9 60617'7 Ordinance No. 246 Page 52 13TH SOUTHEASTERLYAND EASTERLYALONG SAID CURVE THROL GH.4 CENTRAL A.VGLE OF 44 '36'13" A DISTANCE OF 39.06 FEET. THENCE TANGENT TO SAID CURVE 14TH VORTH 76 '57'-11 " EAST 66 06 FEET TO THE BEGI.V,V1.%G OF.4 T4.VGE.% -T CL RVE CO.VC 4; E SOC THERLYAVD HAVING A RADIUS OF 250.00 FEET: THENCE. 13TH EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 43 '47'19",4 D1ST4.%CE OF 191.06 FEET: THENCE TANGENT TO SAID CURVE, 16TH: SOUTH 59 '15'00" EAST 168.27 FEET TO THE BEGINNLNG OFA TANGENT CURVE CONCH VE NORTHERLYAND HAVING A RADIUS OF 125.00 FEET; THENCE. 17TH EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 '40'34"A DISTANCE OF 95.29 FEET: THENCE TANGENT TO SAID CURVE, 18TH.- NORTH 77 004'26" EAST 111.97 FEET; THENCE,'. 19TH. NORTH 86 '20'17" EAST 125.26 FEET: THENCE, 20TH: NORTH 53 '07'48" EAST 150.00 FEET; THENCE, 21ST: NORTH 64 '54'02" EAST 209.81 FEET: THENCE, 22ND: NORTH 56'12'50" EAST 463.28.FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 250.00 FEET; THENCE, 23RD.- EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 40 °32'07 "A DISTANCE OF 176.87 FEET THENCE TANGENT TO SAID CURVE, 24TH.- SOUTH 83 '15'03" EAST 211.65 FEET TO THE BEGINNING OFA TANGENT CURVE CONCA VE NORTHERLYAND HAVING A RADIUS OF 200.00 FEET; THENCE, 25TH: EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 37'05'52 "A DISTANCE OF 129.50 FEET; THENCE TANGENT TO SAID CURVE, 26TH.- NORTH 59'39'05" EAST 79.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NOR THWESTERL Y A ND HAVING RA DIUS OF 2000. 00 FEET. THENCE. 27TH: NORTHEASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 10 '07'09" A DISTANCE OF 353.23 FEET; THENCE TANGENT TO SAID CURVE. 28TH: NORTH 49 *31'56" EAST 193.17 FEET TO THE BEGINNING OFA TANGENT CURVE CONCA VE SOUTHEASTERLYAND HAVING A RADIUS OF 100.00 FEET; THENCE. 29TH: NORTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39 '22'23 "A DISTANCE OF 68.72 FEET; THENCE TANGENT TO SAID CURVE. 30TH. NORTH 88 '54'19" EAST 132.39 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHERLYAND HAYING A RADIUS OF 350.00 FEET; THENCE, 31ST: EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 14'02'14"A DISTANCE OF 85.75 FEET; THENCE TANGENT TO SAID CURVE, PAGE 2 OF 9 COOJL 8 Ordinance No. 246 Page 53 32ND : SOUTH 77 003'27" EAST 174.90 FEET TO THE BEGI.V.v'LVG OFA TANGENT CURVE CO.V( VORTHERLYA:ND HAVING A RADIUSOF350.00 FEET, THENCE. 33RD : EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 22 '30'33 ".A DISTANCE OF 113, 7 j0 FEET. THENCE TANGENT TO SAID CURVE, 34TH. NORTH 80 026'00" EAST 77.88 FEET TO THE BEGIN;VLVG OFA TANGENT CURVE CO3%,C.4 c E SOUTHERLYAND HAVING A RADIUS OF 225.00 FEET; THENCE, 35TH: EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 38'32'47"A DISTANCE OF 151.37 FEET: THENCE TANGENT TO SAID CURVE, 36TH: SOUTH 61 °01'13" EAST 192.54 FEET; THENCE, 37TH: SOUTH 66'43'38" EAST 404.95 FEET; THENCE, 38TH: SOUTH 53 °50'00" EAST 105.68 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 60.00 FEET; THENCE, 39TH: EASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 72 °11'32 "A DISTANCE OF 75.60 FEET THENCE TANGENT TO SAID CURVE, 40TH: NORTH 53 °58'28" EAST 58.44 FEET; THENCE, 41ST: NORTH 75 °30'00" EAST 76.00 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 100.00 FEET; THENCE, 42ND.- NORTHEASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 55 °54'32 "A DISTANCE OF 97.58 FEET TO THE BEGINNING OFA REVERSE CURVE CONCAVE SOUTHEASTERL Y A:VD HAVING A RADIUS OF 110.00 FEET; THENCE, 43RD: NORTHEASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 57 '52'48"A DISTANCE OF 111.12 FEET; THENCE TANGENT TO SAID CURVE, 44TH: NORTH 7728'16" EAST 111.87 FEET; THENCE, 45TH: NORTH 71 °14'59" EAST 148.61 FEET; THENCE, 46TH: NORTH 71 °15'02" EAST 45.01 FEET; THENCE, 47TH: SOUTH 85 °59'09" EAST 246.26 FEET; THENCE, 48TH: NORTH 88 °1825" EAST 214.85 FEET; THENCE, 49TH: SOUTH 81 °17'42" EAST 312.84 FEET; THENCE, 50TH. NORTH 83 °35'44" EAST 262.46 FEET; THENCE, 51ST: SOUTH 6754'46" EAST 75.20 FEET; THENCE, 52ND: SOUTH 5657'50" EAST 97.22 FEET; THENCE, PAGE 3 OF 9 (+)Cy1 t�j Ordinance No. 246 Page 54 53RD SOUTH 71 °16'27" EAST 211.81 FEET: THENCE. j4TH SOUTH 29'40'55" WEST 4372.64 FEET: THENCE. 55TH SOUTH 0 '35'50" WEST 6838.05 FEET TO THE POINT OF BEGIN ING. CONTAINING 7 46.03 ACRES. PARCEL 2 THOSE PORTIONS OF TRACTS J AND K OF RANCHO SIMI, IN THE COUNTY OF VENTURA. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MISCELLANEOUS RECORDS ( .q PS), 1,V THE OFFICE OF THE COUNTYRECORDER OFSAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEASTERLYCORNER OF PARG,EL 8 OF PARCEL MAP FILED IN BOOK 19 PAGES 5 AND 6 OF PARCEL MAPS, IN SAID OFFICE OF THE COUNTY RECORDER: THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP, IST: SO UTH 89 '22'48 " EAST 3 25 0.2 4 FEET TO THE NOR THEA S TERL Y CORNER OF PARCEL 14 OF SAID PARCEL MAP; THENCE ALONG THE PROLONGATION OF SAID LINE, 2ND: SOUTH 89 '22'48" EAST 660.00 FEET; THENCE, 3RD : NORTH 8'12'01 "EAST 5797.17 FEET; THENCE, 4TH: NORTH 32 *22'26" WEST 1314.69 FEET; THENCE, 5TH: NORTH 26'00'22" EAST 4062.46 FEET TO A POINT IN THE SOUTHERLY LIVE OF THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 4219, PAGE 364 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; SAID POINT BEING THE WESTERLY TERMINUS OF THE 53RD COURSE OFSAID DEED HAVING A BEARING AND LENGTH OFSOUTH 73 056'30" WEST 17181, FEET. THENCE ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING TWENTY TWO COURSES, 6TH: WESTERLYALONG A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 800.00 FEET, BEING TANGENT TO SAID 53RD COURSE, THROUGH A CENTRAL ANGLE OF 26 °35'30 "A DISTANCE OF 371.29 FEET; THENCE TANGENT TO SAID CURVE, 7TH: NORTH 79 °28'00" WEST 108.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLYAND HAVING A RADIUS OF250.00 FEET; THENCE, 8TH : WESTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 *22'36" A DISTANCE OF 110.73 FEET; THENCE TANGENT TO SAID CURVE, 9TH: SOUTH 75 °09'24" WEST 380.64 FEET; THENCE, 10TH : SOUTH 83 °00'06" WEST 337.50 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 225.00 FEET: THENCE, 11TH: WESTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 51 '51 '44 "A DISTANCE OF 203.66 FEET; THENCE TANGENT TO SAID CURVE, PAGE 4 OF 9 000180 Ordinance No. 246 Page 55 12TH: FORTH 45 '08'10" WEST 81.18 FEET. THENCE. 13TH FORTH 44 '43'27" WEST 98..13 FEET; THENCE, 14TH NORTH 71 '33'54" WEST 56.92 FEET. THENCE. 15TH: .FORTH 51 '54'40" WEST 47.01 FEET: THENCE, 16TH : ,NORTH 69 "6'38" WEST 59.81 FEET; THENCE, 17TH: SOUTH 86 °14'54" WEST 61.13 FEET; THENCE, 18TH.- NORTH 86 °36'49" WEST 132.84 FEET; THENCE, 19TH : SOUTH 62 °11'54" WEST 226.74 FEET: THENCE. 20TH: SOUTH 56 °53'19" WEST 164.75 FEET, THENCE, 21ST.- SOUTH 84 003'11 " WEST 96.52 FEET; THENCE, 22ND.- SOUTH 70 °20'46" WEST 75.00 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 150.00 FEET; THENCE, 23RD: WESTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 63 °48'40 "A DISTANCE OF 167.06 FEET TO THE BEGINNING OFA REVERSE CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF 250.00 FEET; THENCE, 24TH: WESTERL YA LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 014'08" A DIST,a;NCE OF 189.38 FEET: THENCE TANGENT TO SAID CURVE, 25TH: NORTH 89 °14'42" WEST 152.59 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 500.00 FEET; THENCE, '16TH: WESTERLYALONG SAID CURVE THROUGH CENTRAL ANGLE OF 19 '48'04"A DISTANCE OF 172.80 FEET: THENCE TANGENT TO SAID CURVE, 27TH: NORTH 6926'38" WEST 410.55 FEET; THENCE, 28TH: SOUTH 29'40'55" WEST 4371.64 FEET; THENCE, 29TH: SOUTH 0 °35'50" WEST 6838.05 FEET TO THE POINT OF BEGINNING. CONTAINING 994.55 ACRES PAGE 5 OF 9 000181 Ordinance No. 246 Page 56 PARCEL 3 THOSE PORTIONS OF TRACTS J.4,VD K OF PuvCHO Sl w. IN THE COL NTY OF VE.�TUR.4. STATE OF CALIFOR,VI,A, AS PER ,tifAP RECORDED IN BOOK 3, PAGE 7 OF MISCELLANEOUS RECORDS (.MAPS) /A THE OFFICE OF THE COL'.VTYRECORDER OFSAID COU:%TY. DESCRIBED AS FOLLOWS. BEGIN ",VLVG AT THE ,VORTHE.4STERLYCORVER OF PARCEL 14 OF PARCEL ;tifAP FILED [N BOOK 19 PAGES 5 ,4,VD 6 OF PARCEL .M PS. LV SAID OFFICE OF THE COUNTY RECORDER: THENCE .4 LONG THE EASTERL Y PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL .VL4P, 1ST : SOUTH 89 022'48" EAST 660.00 FEET; THENCE, 2ND . NORTH 8 °12'01 " EAST 5 79 7.17 FEET: THENCE, 3RD : NORTH 32 °2226" WEST 1314.69 FEET; THENCE. 4TH: NORTH 26 °00'21" EAST 4062.46 FEET TO A POINT IN THE SOUTHERLY LINE OF THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 4219, PAGE 364 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER: SAID POINT BEING, THE WESTERLY TER,WINDS OF THE 53RD COURSE OF SAID DEED HAVING A BEARING AND LENGTH OFSOUTH 73 056'30" WEST 171.87 FEET; THENCE ALONG SAID SOUTHERL YBOUNDARY THE FOLLOWING TWENTYNINE COURSES, 5TH.- NORTH 73 °56'30" EAST 171.87 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE SOUTHERLYAND HAVING A RADIUS OF250,00 FEET; THENCE, 6TH: EASTERL YA LONG SAID CURVE THROUGH CENTRAL ANGLE OF 32 °31'06 "A DISTANCE OF 141.89 FEET: THENCE TANGENT TO SAID CURVE, 7TH : SOUTH 73 °32'24" EAST 63.85 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 350.00 FEET; THENCE, 8TH: EASTERL YA LONG SAID CURVE THROUGH CENTRAL ANGLE OF 24 046'06" A DISTANCE OF 151.30 FEET; THENCE TANGENT TO SAID CURVE, 9TH: :NORTH 81 °41'30" EAST 241.90 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 300.00 FEET; THENCE, 10TH: NORTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 030158" A DISTANCE OF 138.84 FEET; THENCE TANGENT TO SAID CURVE, 11 TH : NORTH 55 °10'32" EAST 50.28 FEET; THENCE, 12TH: NORTH 67'04'04" EAST 84.69 FEET: THENCE, 13TH: NORTH 69 '21'11 " EAST 236.05 FEET TO THE BEGINNING OFA TANGENT CURVE CONCH VE NORTHWESTERLYAND HAVING A RADIUS OF 450.00 FEET; THENCE, 14TH: NORTHEASTERL YA LONG SAID CURVE THROUGH CENTRAL ANGLE OF 41 009'19" A DISTANCE OF 323.23 FEET. THENCE TANGENT TO SAID CURVE, 15TH: NORTH 28 °11'52" EAST 173.95 FEET: THENCE, PAGE 6 OF 9 000184 Ordinance No. 246 Page 57 16TH NORTH 20'33'22" EAST 68.35 FEET. THENCE. 17TH. .NORTH 21 '24'27 "EAST 44.64 FEET TO THE SEC, IN.%LVG OF.A TA.VGE.VT CL'RVE C0.`CA E SOUTHEASTERLYAND HAVING A RADIUS OF 100 00 FEET THENCE. 18TH VORTHEASTERLYA,VD EASTERLYALO,VG S,41D CL'RVE THROUGH A CE.VTR4L ,A,VGLE OF 80'51'26 ".4 DISTANCE OF 141.12 FEET: THENCE TANGENT TO SAID CURVE. 19TH SOUTH 77'44'07" EAST 64.84 FEET: THENCE, 20TH.- SOUTH 59 '26'10" EAST 147.49 FEET; THENCE, 21ST. SOUTH 72 047'02" EAST 222.99 FEET; THENCE, 22ND: ;NORTH 74 °30'00" EAST 228.02 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 450.00 FEET; THENCE, 23RD: NORTHEASTERLYALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 13 °38'45 "A DISTANCE OF 107.17 FEET; THENCE TANGENT TO SAID CURVE, 24TH: NORTH 60 °51 '15" EAST 15.30 FEET; THENCE, 25TH: NORTH 69 °48'51 " EAST 72.45 FEET; THENCE, 26TH: SOUTH 86 °49'13 "EAST 20.77 FEET TO THE BEGINNING OFA TANGENT CURVE CONCAVE NORTHERLYAND HAVING A RADIUS OF 225.00 FEET: THENCE, 27TH: EASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3426'36" A DISTANCE OF 135.26 FEET: THENCE TANGENT TO SAID CURVE, 18TH. NORTH 58 '44'11 " EAST 36.28 FEET; THENCE, 29TH: ,NORTH 65 °04'17" EAST 156.59 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCA VE SOUTHEASTERLYAND HAVING A RADIUS OF350.00 FEET. A RADIAL LINE OFSAID CURVE TO SAID BEGINNING BEARS NORTH 44 °51'50 " WEST; THENCE, 30TH. NORTHEASTERLYALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39 °0178" A DISTANCE OF 238.39 FEET; THENCE TANGENT TO SAID CURVE, 3IST : NORTH 84 009'38" EAST 185.67 FEET; THENCE, 32ND: NORTH 74 039'00" EAST 52.89 FEET; THENCE, 33RD.- NORTH 62 006'10" EAST 177.02 FEET TO THE WESTERLY LINE OF SECTION 18, TOWNSHIP 3 ;NORTH. RANGE 18 WEST OF SAID RANCHO; THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERLYLINE OFSECTION 19 OFSAID RANCHO, 34TH: SOUTH 0 °49'58" WEST 6274.59 FEET TO THE SOUTHWESTERLY CORNER OF SAID SECTION 19: THENCE ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LIVE OF SAID SECTION 19, 35TH : NORTH 89 03371 " WEST 1500.00 FEET; THENCE, PAGE 7 OF 9 000l.83 Ordinance No. 246 Page 58 36TH: SOUTH 0 °21'55" WEST 4800.00 FEET: THENCE. 3 "TH SOUTH 11 °08'07" WEST 1760.57 FEET. THENCE 36TH SOUTH 18'59'48" WEST 770.02 FEET TO THE NORTHERLYLINE OF THL SOUTHHALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OFSECTIO.V 36, TOWNSHIP 3 NORTH. RANGE 19 ;f EST of SAID RA,VCHO. BEING A POINT IN THE SOUTHERL Y BOUNDARY OF THE LAND DESCRIBED 1.V THE DEED TO KCAYLVVESTtiIENTS, INC., RECORDED IN BOOK 3264, PAGE 315 OF OFFICIAL RECORDS, IN SA1D OFFICE OF THE COUNTY RECORDER: THENCE ALONG SAID LLVE AND BOUNDARY THE FDLLO;f','.`G THREE COURSES, 39TH: NORTH 89 °33'21 "WEST 575.00 FEET TO THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE ALONG THE EASTERLYAND SOUTHERLYLINES OF SAID NORTHWEST QUARTER THE FOLLOWING TWO COURSES, 40TH: SOUTH 0 026'39" WEST 660.00 FEET; THENCE. 41ST. NORTH 89 033'21 "WEST 2243.77 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED INDEED TO VENTURA COUNTY COMM UNITY COLLEGE DISTRICT RECORDED OCTOBER 24, 1983 AS DOCUMENT NO. 121207 OFSAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARYOF SAID DEED THE FOLLOWING EIGHT COURSES. 42ND- NORTH 24 00579" WEST 469.04 FEET; THENCE, 43RD : NORTH 32 °2473" WEST 59.24 FEET; THENCE, 44TH : NORTH 26 °31'43" WEST 119.20 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE EASTERLYAND HAYING A RADIUS OF 186.45 FEET; THENCE. 45TH.- NORTHERL YA LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 °34'40" A DISTANCE OF 89.74 FEET, THENCE TANGENT TO SAID CURVE. 46TH.- ;NORTH 1 °02'57" EAST 299.79 FEET; THENCE, 47TH. NORTH I 1 011'43" EAST 163.59 FEET: THENCE. 48TH.- SOUTH 68 046'29" WEST 409.21 FEET; THENCE, 49TH: SOUTH 19 °50'58" WEST 368.64 FEET TO THE NORTHERLY LINE OF THE DEED TO VENTURA COUNTYJUNIOR COLLEGE DISTRICT IN BOOK 2450, PAGE 537 OF SAID OFFICIAL RECORDS: THENCE ALONG SAID NORTHEASTERLY LINE, 50TH: NORTH 65 °51'38" WEST 230.80 FEET TO THE EASTERLY LINE OF SAID PARCEL ;NAP RECORDED IN BOOK 19, PAGE 6 OF PARCEL MAPS; THENCE ALONG SAID EASTERLY LINE, 51ST: NORTH 0 °37'10" EAST 1844.08 FEET TO THE POINT OF BEGINNING. CONTAINING 1181.80 ACRES. PAGE 8 OF 9 boots Ordinance No. 246 Page 59 PARCEL a THAT PORTION OF TRACT J OF RANCHO SIMI. IN THE COUNTYOF VENTURA. STA TE OF C.ALIF(-) R,� IA A PER ,VfAP RECORDED IN BOOK 3, PAGE 7 OF MISCELLANEOUS RECORDS (MAPS), IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NOR THWESTERLYCORVER OFSECTION 30. TOWNSHIP 3 NORTH. RANGE 1.4 WEST OF SAID RANCHO: THENCE .ALONG THE WESTERLYPROLONGAT IONOFTHENORTHERLYLINE OF SAID SECTION 30, I ST : NORTH 89 033'21 " WEST 1500.00 FEET: THENCE, 2ND. SOUTH 0 °21 '55" WEST 4800.00 FEET: THENCE. 3RD: SOUTH 11 008'07" WEST 1760.57 FEET: THENCE. 4TH: SOUTH 18'59'48" WEST 770.02 FEET TO THE NORTHERLYLINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEASTER QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 19 WEST OFSAID RANCHO AS DESCRIBED IN THE 10TH COURSE IN THE DEED TO KAYINVESTMENTS INCORPORATED RECORDED IN BOOK 3264, PAGE 315 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER: THENCEALONG COURSES 10 THROUGH 15 OFSAID DEED THE FOLLOWING FIVE COURSES, 5TH.- SOUTH 89 °33'21 "EAST 3385.00 FEET ALONG SAID NORTHERL Y LINE AND THE ;NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION" 3l. TOWNSHIP 3 NORTH, RANGE 18 WEST OFSAID RANCHO TO THE EASTERLYLINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE ALONG SAID EASTERLYLINE, 6 TH: NORTH 0 °26'39" WEST 1980.00 FEET TO THE NORTHERLY LINE OF SAID SECTION 31: THENCE ALONG SAID NORTHERLYLINE, 7TH.- SOUTH 89 °33'21 "EAST 1320.00 FEET TO THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 30 OF SAID TOWNSHIP AND RANGE; THENCE ALONG SAID WESTERLYLLVE, 8TH: NORTH 0 °26'39" EAST 1320.00 FEET TO THE NORTHERLYLINE OF THE SOUTH HALF OFSAID SOUTHEAST QUARTER: THENCE ALONG SAID NORTHERLY LINE, 9TH.- SOUTH 89 03321 " EAST 2640.00 FEET TO THE EASTERLYLINE OFSAID TRACT J; THENCE ALONG SAID EASTERLYLINE, 10TH: NORTH 0 °26'39" EAST 3960.00 FEET TO THE NORTHERLY LINE OFSAID SECTION 30: THENCE ALONG SAID NOR THERL Y LINE, 1 I TH : ;NORTH 89 °33'21 "WEST 5280.00 FEET TO THE POINT OF BEGINNING. CONTAINING 883.28 ACRES. PAGE 9 OF 9 6001st Ordinance No. 24E Page 60 xHial- S PARCEL MAP WAIVER N0. 866 ' ARCE !-OTsl 8� ns�CN; EE.NG SCR- '1rv'S -; aCTS 'HE FCLLOWNG "CASEMENTS EFFECT --HIS = ROPERTY AND ARE EL -NKET N 3264 O.R. 239 UNION OIL COMPANY, OWNER OF AN EASEMENT =CR P10E _ NES, �LE ROADS AND NCIDENTAL PURPOSES. 3647 O.R. 70 SOUTHERN CALIFORNIA EDISON COMPANY, CNNER OF AN EacElAEN' . -�R R TO RECONSTRUCT, USE, MAINTAIN AND REPAIR EXISTING ROAD NABS ANC - INCIDENTAL PURPOSES. 4219 O.R. 356 STATE OF CALIFORNIA, OWNER OF AN EASEMENT FOR ROAD -NO NC CEN-A_ PURPOSES. 4219 O.R. 364 STATE OF CALIFORNIA, OWNER OF AN EASEMENT FOR PARK PATROL, Ma N-E,A E AND INCIDENTAL PURPOSES. 4710 O.R. 34 RALPH D. MAHAN, INC., OWNER OF AN EASEMENT FOR BOAC. JTL:Tv ANC INCIDENTAL PURPOSES. 4710 O.R. 39 , RALPH 0. MAHAN, INC., OWNER OF AN EASEMENT FOR ROAD, UTILITY AND INCIDENTAL PURPOSES. 5412 O.R. 230 UNION OIL COMPANY, OWNER OF AN EASEMENT FOR PIPE LINES, POLE L..NES, ROADS AND INCIDENTAL PURPOSES. 5412 O.R. 271 UNION OIL COMPANY, OWNER OF AN EASEMENT FOR PIPE LINES. POLE LINES, ROADS AND INCIDENTAL PURPOSES. 5412 O.R. 277 UNION OIL COMPANY, OWNER OF AN EASEMENT FOR PIPE LINES, POLE L NES. ROADS AND INCIDENTAL PURPOSES. nv Iez: RONALD REAGAN FWY. 2 AO DRILLING ISLAND LOCATIONS PER 5412 O.R. 230 �' OB UNION OIL COMPANY EASEMENT FOR DRILLING, WELLS, TANKS, PIPELINES. ROADS AND POLE LINES AND INCIDENTAL PURPOSES PER 5412 O.R. 271. © UNION OIL COMPANY EASEMENT FOR DRILLING, WELLS, TANKS, PIPELINES, ROADS AND POLE LINES AND INCIDENTAL PURPOSES PER 5412 O.R. 277. PREPARED BY: HAALANO GROUP, INC. 351 ROLLING OAKS DRIVE, #200 THOUSAND OAKS, CA. 91361 (805)497 -4554 0 2000 4000 8000 12000 SCALE 1- - 4000' uoclsb Ordinance No. 246 Page 61 PARCEL MAP WAIVER "0. 866 _47 33 U p h� �O 7 •V � 2 W � 'l o I - = L--' PARCEL 1 T 746.03 AC. I I S 89'35'47' E 2640.00' L -J _ 1 I 1 z W = Qa 0 h OW +a 0 500 1000 2000 SCALE 1' - 1000' PARCEL 2 N h /! m H N = / 4/ ID W 'n ! W 12 > V1 rA a 1 I W b o OO O W ^1 wl a z M c h ui o ! O1 0 W W? % F W / zu `O U < J C17 PACIFIC BELL 10' w10E Cl g - % PUBLIC UTIL TY AND INCIOENTAL P, RPOSES C16 EASEMENT 1 PER 88- 180299 C.R. N 89'22'48' w �� 4619.85' 9 F'M 5 / 5 MP 7 :. H 00018 "1 Ordinance No. 246 Page 62 �QA> N — 1p w V� v IA PARCEL 2 a 994.55 AC. N W Go r to 0 f az I A ul Z W O �Jy i- W T O1 z U O V < N C4 PARCEL 3 PACIFIC BELL 10' WIDE PUBLIC UTiUTY ANO C17 /f/ INCIDENTAL PURPOSES EASEMENT n PER 88- 180299 O.R. C12 Ci6 N 89'22'48' W rO- �I �-- 7910.24' A I C10 J 213.37 4619.85' I N 89 22'48" w - - - - - — MR 45 r � I 660.00' -_5 MP. 7 .6 MIR. r8 0001bs X 317 PARCEL MAP WAIVER N0. 866 ^r C ^, - n 0 _ 000 2000 J SCALE �' 000' PARCEL 1 �QA> N — 1p w V� v IA PARCEL 2 a 994.55 AC. N W Go r to 0 f az I A ul Z W O �Jy i- W T O1 z U O V < N C4 PARCEL 3 PACIFIC BELL 10' WIDE PUBLIC UTiUTY ANO C17 /f/ INCIDENTAL PURPOSES EASEMENT n PER 88- 180299 O.R. C12 Ci6 N 89'22'48' W rO- �I �-- 7910.24' A I C10 J 213.37 4619.85' I N 89 22'48" w - - - - - — MR 45 r � I 660.00' -_5 MP. 7 .6 MIR. r8 0001bs Ordinance No. 246 Page 63 PARCEL MAP WAIVER NO. _ :RGC jl��'�!�'�,�'V, ='NG zCR- -,N5 `RaC ,NC e! I PARCEL 4 I I I I I I _ I SEEj DES P`1. � © I I I I I i I I I I I � I I / I I I J fi' �J 1 CAMPUS PARK DR. I I 0 750 1500 3000 4500 SCALE 1' a 1500' I I I y n booltsi i 7EE DE. P�� yti o� PARCEL 2 o� - - - - - - - - - - - - - I A na, • I Q n I O I 2 f I I r3 L------ - - - - ��.'�°• PARCEL 3 -- 1181.80 AC. - N 89'33'21' w W N 1500.00' I � p S I v 0 � I O � N n r a .. - � n O h I � A A A I I PARCEL 4 I I I I I I _ I SEEj DES P`1. � © I I I I I i I I I I I � I I / I I I J fi' �J 1 CAMPUS PARK DR. I I 0 750 1500 3000 4500 SCALE 1' a 1500' I I I y n booltsi Ordinance No. 24E Page 64 _x - Ie� - PARCEL MAP WAIVER N0 866 (`_ 'hr ^, vS N 89'33'21' w 1500.00' S 89'33'21' E 5280 00' ,I 2840. CC' S 89'33'21 E I I , I - --- -J O n o NN O I t� N O O n � h -I - - - - - S 89'33'21" E - - - - - 1320. - - - - - - - - - - - - - . 3 � � 0 GS I n N I N C QQ TQ I •� 1 O _' I N a _._._ T n O h I 2 3385.00' i I S 89'33'21' E I 3960.00' , - I I I - l i , I _ I I I 0 500 1000 2000 3000 SCALE '" = NCO i p I r -7 -71 f L_J - L_J L-2 PARCEL 4 N I a 883.28 AC. z U N Q I I J Z _. _ _. _ I ---- -- --- -- ------- - - --1J - II 1 - ,I 2840. CC' S 89'33'21 E I I , I - --- -J O n o NN O I t� N O O n � h -I - - - - - S 89'33'21" E - - - - - 1320. - - - - - - - - - - - - - . 3 � � 0 GS I n N I N C QQ TQ I •� 1 O _' I N a _._._ T n O h I 2 3385.00' i I S 89'33'21' E I 3960.00' , - I I I - l i , I _ I I I 0 500 1000 2000 3000 SCALE '" = NCO Ordinance No. 246 Page 65 X -4131 7 ? PARCEL %fAP WAIVER NO 866 '00 P U DETAIL 0 500 1000 2000 3000 i BERAGAN STREET CAMPUS PARK DR. DETAIL SCALE = 000' a s a PARCEL 2 c,3 0 0 PARCEL 3 0 > a o� '7 a C12 CIO J 213.37' z w _��_1_ C, N 89.22'48• w - o U' 660.00' ¢� W u o ° U Q o CL C9 1 \\ rt o cg CB aw i. i m C7 J ' ' 0 = C15 3 I W Z G P ~ H � w lu �f C1 ; 575.00' 2 ^ 3385.00' < C� 1 g W S 89'33'21" E 3960.00' L \L L9 f '' t 839.18' °poi tips - 1 ti N 89'33'21' W 2243.77' o ° z NORTH LINE OF 'HE 5 1/2 OF S 1/2 OF NE 1 i 4 OF SECTION 36, 73N, Rt9w SOUTH LINE OF THE NW 1/4 SECTION 36, T3N, R19W 0 ul C.L. OF 64' ROAD Qc UTILITY EASEMENT PER PARCEL 3, 89-- 069025 O.R. AND 4215 O.R. 429 AND 4710 O.R. 36 AND 4710 O.R. 39 BERAGAN STREET CAMPUS PARK DR. DETAIL SCALE = 000' Ordinance No. 246 Page 66 PARCEL MAP WAIVER NO, 866 ARGE _G 7 -, C AC;�`.s _.NE i BEARING i DISTANCE X46 N71 "5'; 2' a5 N65'51'38 "W 230.80' -4.7 S85-59' 09'--- Z46.26' -2 S19'50-58 "W 368.64' _48 N881 8'25 "E 2' a 85' -3 S68'46'29'W 109.21' -49 1 S81'17'42'E -1-2 84' L4 I N11'?1'13'E 163.59' LL50 I N83'35'44 "E 252. a6' L5 NOt'02'57 "E 299.79' L51 S67'54'46 "E 75.2C' L6 N26'31'43 'W 119.20' 52 S56'57'50 "E 97 22' 1-7 N32'24'23 "W 59.24' L53 S71 '16'27'E 211 91' L8 1424'05'29 "W 169.05' L54 S69'26'38 "E 410 55' 9 N89'33'21 'W 339.37' L55 S89'14'42'E 1 152.59' UO N18'04'S0'E 503.67' L56 N70'20'46 "E 75.00' -11 N43'29'03'E 1022.24' L57 N84'03'11 *E 96.52' L12 N2018'29'W 482.28' L58 14 56'53'19 "E 64.75' L13 N07'40'1 4'W 661.89' L59 N6211'S4'E 226.71' L14 S06'58'31'E 143.04' LBO S86'36'49'E j 232.84' L15 S1 8'44'28'E 326.30' L51 N8614'S4 "E 61.13' Lib N14'36'56'W 625.87' L62 569'26'38 "E 59.81' L17 N3219'22'E 1062.01' L63 S51'S4'40 "E 47.01' L18 S01'57'47'W 427.07' L64 S71'33'S4"E 56.92' L19 N27'59'31'E 574.33' L65 S44'43'27'E 98.53' L20 N56'39'33'E 28.59' L66 S45- 08.10 -E 81.18' L21 N70'05'46'E 123.37' L67 N83'00'06 "E I 337 50' L22 S43'27'06'E 62.30' L68 N75'09'24 'E 380.54' L23 S14*28'1YE 22.06' L69 S79'28'00'E 108.87' 1 L24 S16 27'36'W 46.28' L70 N73'56'30'E 471 87' L25 S18 28'06'E 29.69' L71 S73'32'24'E 63.85' L26 N76'57'41'E 66.06' L72 N81 *41'30"E 241.90' L27 S59'1 5'00'E 168.27' L73 L74 N67'04'04 "E 84.69' L28 N77'04'26'E 111.97' N69'21'1 1'E 236.05' L29 N86'20'1 7'E 125.26' L75 N2811'52'E 173.95' L30 N53'07'48'E 150.00' L76 N20'33'22 "E 68.35' L31 N64'54'02'E 209.81' L77 N21 *24'27 "E 44.64' L32 N5612.50 -E 463.28' L78 S77'44'07 "E 64.84' L33 S831 5'03'E 211.65 L79 S59'26'10'E 147.49' L34 N59'39'05'E 79.08' LBO S72'47'02'E 222.99' L35 N49'31'56 "E 193.17' L81 N74'30'00'E 228.02' L36 N88'54'1 9'E 132.39' L82 N60'51'15'E 15.30' L37 S77'03'27 "E 174.90' L83 N69'48'5 1 "E 72.45' L38 N80'26'00'E 77.88' L84 $86'49'1 YE 20.77' L39 S61'01'13'E 192.54' L85 N58'44'1 1 "E 36.28' L40 S66'43'38'E 404.95' L86 N65'04'17 "E 156.59' L41 S53'50'00'E 105.68' L87 N84'09'38'E 185.67' L42 N53'58'28'E 58.44' L88 N74'39'00 "E 52.89' L43 N75'30'00'E 76.00' L89 N62- 06.10 "E 177.02' Lao N77'28'16'E 111.87' L90 N5510 -32 -E 50.28' L45 N7114'59 "E 148.61' Ordinance No. 246 Page 67 PARCEL '!_ARC BEING PORTIONS OF :'XH!317 MAP i 1 - TRANS WAIVER NO. P-66 CURVES DELTA RAC;US I _ENG Cl 27'34'40' 86.45' j 39.74' C2 63'48'07' 450.00' 501 "' C3 74'39'18' 450.00' ! 586.34' C4 6111'11 600.00' 640.74' C5 40'46'46' 500.00' 427.04' C6 37'54'01' 520.00' 343.97' C7 38'35'44' 300.00' 202.09' C8 34'15'27' 300.00' 179.37' C9 46'01'24' 370.00' 297.21' C10 27'04'26' 300.00' 141.76' C11 44'14'30' 370.00' 285.70' C12 21'17'36' 300.00' 111.49' 1 C13 103'27'43' 300.00' 541.72' C14 94'54'04' 450.00' 745.35' C15 124'30'03' 375.00' 814.86' C16 85'37'31' 450.00' 672.50' C17 62'33'04' 900.00' 982.55' C18 126'33'58' 450.00' 994.05' C19 26'01'44' 1800.00' 817.72' C20 115'50'41' 450.00' 909.84' C21 16'25'29' 1330.00' 381.27' C22 28'58'53' 275.00' 139.10' C23 34'53'42' 150.00' 91.35' C24 84'36'13' 40.00' 59.06' C25 43'47'19' 250.00' 191.06' C26 43'40'34' 125.00' 95.29' C27 40'32'07' 250.00' 176.87' C28 37'05'52' 200.00' 129.50' C29 10'07'09' 2000.00' 353.23' C30 39'22'23' 100.00' 68.72' C31 14'02'14' 350.00' 85.75' C32 22'30'33' 350.00' 137.50' C33 38'32'47' 225.00' 151.37' C34 72'11'32' 60.00' 75.60' C35 55'54'32' 100.00' 97.58' C36 57'52'48' 110.00' 1 111.12' C37 19'48'04' 500.00' 172.80' C38 4324'08* 250.00' 189.38' C39 63'48'40' 150.00' 167.06' C40 51'51'44' 225.00' 203.66' C41 25'22'36' 250.00' 110.73' C42 26'35'30' 800.00' 371.29' C43 32'3106' 250.00' 141.89' C44 24'46'06' 350.00' 151.30' C45 26'30'58' 300.00' 138.84' C46 41'09'19' 450.00' 323.23' C47 80'51'26' 100.00' 141.12' C48 13'38'45' 450.00' 107.17' C49 34'26'36' 225.00' 135.26' C50 1 39'01'28' 350.00' 238.39' (r00193 Ordinance No. 246 Page 68 EXHIBIT 2 RU?CEL MAP NG. 3220 2 c- 3 S--F- E. -S SENG 4 PORTION OF TRACTS J ANC K RANCyQ SM,(3W7), N T►f LAKCRP0RA7:0 TERAfTORY OF T►f COItVTY OF vENTLRA, STATE OF CALFORNA 4w 0•ft 041 490 .a yr .... RANCHO o,•.t�oay... , ffr r .Y I � w. f •1, fw•, 1. V .. wwlf w .w.l W fYYf.1 �I�Ir.r••..w 1.'fY. I.I f Nw•1 ./.rM .• / �� 11111• I! .! /11.1 OIIti l� •� , . C �r ..•. h. w.r [•[ 1 NI• a N•r1 .a wwf • fy .T.+.. rr1 .... ..N •.. r• f1 'Ia>• d �\ U: 1 C . lit 1 rRflf !M jolt • N1/1111 �/ Simi 111.$ &4 in If 60 42.40 ACFW.8 of Slfo o. fA. t•�� I.I f Nw•1 ./.rM .• / �� 11111• I! .! /11.1 OIIti .%r •.II�f>rn w w 11 � � Sik Is 'prll�I fi syf: f m W.!Q w'w'fI fluff•. t 1 r 1 ,tir•` 1 1 / \J� lip .A 0 I n.• Of / •� , . 54.60 ACRES �r ..•. h. w.r [•[ 1 fswfr7 nww, wwf • fy .T.+.. rr1 .... ..N •.. r• f1 'Ia>• d �\ U: 1 1 • lit 1 rRflf !M jolt • N1/1111 �/ • i �ii� r1 '�•r' .7.1 T'f 111.$ &4 in If 60 42.40 ACFW.8 '•499 A ORES = t•�� } \` • t .%r •.II�f>rn w w 11 � � Sik Is 'prll�I fi syf: f m W.!Q w'w'fI fluff•. t 1 r 1 ,tir•` 1 1 / \J� lip .A 0 I n.• ...,...,. Of / •� , . 54.60 ACRES S4 28 ACRES t <�S� 2 f1 'Ia>• d �\ U: 1 1 • lit 1 ! {i ,•T 42.40 ACFW.8 '•499 A ORES = t•�� } i11 1L s ! w7 ►•• f11 w•.. wm n1•r...n1..1 i i ownw" Awl- �. wr1 M•F'If•f•1 rflr gwf/w w/V71ti 7fI fI.111 t11 1 w y �S 4s.00 A -P Y ] ' t � s1 .rf/w �w1.1 i wrllffl�.1•I. t.. � r- - w �• 3 •... 1"1 .�.• IL T �� Tt f•\ �7 ...,...,. ffj- .� •� , . ut•to+oal r:y f <�S� U: 1 1 • lit 1 ! {i ,•T 42.40 ACFW.8 '•499 A ORES = t•�� } i11 1L s `IfT ••fwK rw..1 ti ownw" Awl- �. wr1 M•F'If•f•1 rflr gwf/w w/V71ti 7fI fI.111 C` V �j c l t — Ordinance No. 246 Page 69 VEN- 98001C21.pre Pq: 6 LEGAL DESCRIPTION ----------------------------------------------------- - - - - -- The land referred to in this Report is situated in the State of California, County of Ventura, and is described as follows: PARCEL 1: That portion of Track K, of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in Book 3, page 7 of Maps, in the office of the County' Recorder of said Ventura County, described as follows: Beginning at the Westerly terminus of the course recited as the South line of Section 22, Township 3 North, Range 19 West in said Rancho Simi, bearing North 890 35' 41" West 2130.54 feet in Parcel 1, of the deed to the State of California recorded in Book 4219, page 364 of Official Records; thence along the Easterly boundary of said land of the State of California, by the following three courses, 1st: South 80 56' 55" West 449.14 feet at 5.11 feet a 3/4 inch iron pipe set in a mound of stones, at 449.14 feet to a 1/2 inch re- inforcing bar; thence, 2nd: South 160 45' 07' East 317.28 feet to a 1/2 inch re- inforcing bar; thence, 3rd: South 280 01' 31" West 797.62 feet; thence, 4th: East 2873.35 feet; thence, 5th: North 50 50' East 376.65 feet; thence, 6th: North 150 15' West 350.00 feet; thence, 7th: North 10 07' 06" East 721.79 feet to a point on the Easterly prolongation of said line recited as bearing North 890 35' 41" West 2130.54 feet in the South line of Section 22 in the deed to the State of California, thence, to and along said line, 8th: North 890 35' 41" West 2480.54 feet at 250.00 feet the Easterly terminus of said course recited as being in the South line of Section 22, at 2480.54 feet said Point of Beginning. 0001.b J JUL 30 '98 12:16 714 546 1050 PAGE.03 u' Ord nance Page 70 VEN- 98001021.pre Pg. 7 EXCEPT all the coal, lignite, coal oil, petroleum, naptha, asphalt, maltha, brea, natural gas and all kindred or similar minerals or mineral substances which now exist or at any time hereafter may exist upon, in or under said lands with the full, free, exclusive and perpetual right to explore, dig, mine and bore for and otherwise to extract said substances from the lands and to sever and remove the same therefrom, and also the full, free and perpetual right of ingress to and egress from the right -of -way upon and over said lands, proper and necessary for the exercise of said rights so reserved, including as well, rights -of -way for roads and for ditches and pipelines for the conveyances of water necessary for said works, and of oil, petroleum, and other kindred liquid .-substances and gases, also all necessary rights of location in and on said lands for mines, tunnels, shafts, wells, derricks, hoisting works, tanks, dumps, engines, pumps and all other necessary or proper for the successful exercise of the rights hereby reserved, also reserving the right to take and use and develop for use any and all waters now flowing or that may hereafter flow or that now exist or may hereafter exist in, on or upon said lands so far as said waters may be necessary for the carrying on of any or all of the above mentioned works and the full enjoyment of the rights therein set forth, as reserved by Simi Land and Water Company, in deed recorded in Book 29, page 314 of Deeds. Without the right to enter upon the surface of and to use any of the surface of said surface rights land above a depth of 500 feet below the surface thereof, except for the right to enter upon and use those portions of said surface rights land described as the "Drilling Islands" and the "Road, pipe and pole line rights of way" in the limited quitclaim or rights of entry executed by Union Oil Company of California, recorded in Book 5412, page 230 of Official Records. PARCEL 2: A nonexclusive easement for roadway and utility purposes over strips of land lying within Parcel 2 in the County of Ventura, State of California, as shown on the Parcel Map filed in Book 19, pages 5 and 6 of Parcel Maps, in the office of the County Recorder of Ventura County, and modified by a Certificate of Correction recorded in Book 4464, at pages 628 and 629 of Official Records of said County, hereinafter described as Strips "A" and "B ". STRIP A: A strip of land 94.00 feet in width, measured at right angles or radially, and lying 47.00 feet on each side of the following described centerline; JUL 30 '98 12:16 714 546 1050 PAGE.04 `ju ' - dMffiAfi'cet4o`. $46 messenger investmentco. /14 546 - iObo OS Page 71 VEN- 98001021.pre Pq: 8 Beginning at a point on the Southerly line of the Northwest quarter of Section 34, Township 3 North, Range 19, West, Rancho SLt„i, as shown on said map, said point being distant thereon North 890 54' 12" West 409.49 feet from a found 4" x 4" post accepted as the Southeast corner of said Northwest quarter; thence leaving said Southerly line North 90 24' 12" West 265.16 feet to the beginning of a tangent curve concave Easterly and having a radius of 1850.00 feet; thence Northerly along said curve through a central angle of 70 03' 52" an arc distance of 228.10 feet; thence tangent to said curve North 20 20' 20" West 182.32 feet to the beginning of a tangent curve concave Westerly and having a radius of 300.00 feet; thence Northerly along last said curve through a central angle of 90 24' 44'" an arc distance of 49.28 feet; thence tangent to last said curve North 110 45' 04" West 309.20 feet to the beginning of a tangent curve concave Easterly and having a radius of 300.00 feet; thence Northerly along last said curve through a central angle of 240 31' 28" an arc distance of 128.41 feet; thence, tangent to last said curve, North 120 46' 24" East 201.05 feet to a point; being designated as point "A "; thence continuing North 120 46' 24" East 93.00 feet to the Northerly terminus of said strip at the Southerly terminus of that certain course in the Easterly boundary of said Parcel 2 shown on said parcel map as having a bearing and distance of South 20 30' 52" East 1423.70 feet. The sidelines of said 94.00 foot wide strip shall be prolongated or shortened so as to terminate Southerly in the Southerly line of said Northwest quarter, and so as to terminate Northerly in those certain courses in the Easterly boundary of said Parcel 2 shown on said map as having bearing and distances respectively of South 20 30' 52" East 1423.70 feet and South 70 35' 26" East 1449.19 feet. STRIP B: A strip of land 94.00 feet in width, measured at right angles or radially and lying 47.00 feet on each side of the following described centerline: Beginning at the hereinabove Point "A "; thence North 770 13' 36" West 311.00 feet; thence North 320 13' 36" West 228.00 feet; thence North 430 28' 36" West 185.00 feet; thence North 200 58' 36" West 181.35 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 300.00 feet; thence Northwesterly along last said curve through a central angle of 300 41' 09" an arc distance of 160.67 feet; thence tangent to last said curve North 510 39' 45" West 129.92 feet; thence North 400 24' 45" West 687.03 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 300.00 feet; thence Northwesterly along last said curve through a central angle of 90 21' 7" an arc distance or 49.00 feet; thence tangent to last said curve concave Northeasterly and having a radius of 2000.00 feet; thence Northwesterly and Northerly along last said curve through a central angle of 310 09' 17" an arc distance of 1087.50 feet to the Northerly terminus of said 94.00 foot strip of land, being a point of the 0001197 JUL 30 '98 12 :17 714 546 1050 PAGF_PS u Ordinance No._246' Page 72 1 I iyC / V C L1 C . LLU . / l - _D_O , - Z) V � - _b VEN- 98001021.pre pq 9 Northerly line of the South half of the Southwest quarter of section 27, Township 3 North, Range 109 West, Rancho Simi, last said point also being distant along said Northerly line South 890 54, 01" East 415.85 feet; from a found 1 -1/2 inch iron pipe set at the Northwest corner of said South half of the Southwest quarter of Section 27, a radial line of last said curve through said Northerly terminus bears North 890 54, 01" West. PARCEL 3: A nonexclusive easement for road and utility purposes over a strip of land forty (40) feet wide in Tract `R of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in the office of the County Recorder of said Ventura County in Book 3, page 7 of Maps, the centerline of said strip being described as follows: Beginning at the Northerly terminus of the centerline of a strip of land, ninety -four (94) feet wide, described as "Strip B" in the Corporation Easement Deed to the Strathearn Cattle Company recorded in Book 4483, page 536 of Official Records and as said strip is shown on the map recorded in Book 19, page 5 of Parcel Maps, said Point of Beginning being distant South 890 23, 09" East 415.85 feet along the Northerly line of the South one -half of the Southwest one - quarter of Section 27, Township 3 North, Range 19 West, Rancho Simi, as said line is shown on said Parcel Map, from a 1 -1/4 inch iron pipe set for the Northwest corner of said South half of the Southwest one - quarter of Section 27; thence from said Point of Beginning along a curve concave Easterly and having a radius of 100.00 feet (a radial line to said curve at said point bears North 890 23, 09" West). 1st: Northerly along said curve through an angle of 370 05' 56" an arc distance of 64.75 feet to a point of reverse curvature with a curve concave Westerly and having a radius of 100.00 feet; thence, 2nd: Northerly along said reverse curve through an angle of 370 23, 01" an arc distance of 65.25 feet; thence tangent to said reverse curve, 3rd: North 00 19' 46" East 316.05 feet to the beginning of a tangent curve concave Easterly and having a radius of 450.00 feet; thence, 4th: Northerly along said curve through an angle of 140 16, 19" an arc distance.of 112.09 feet; thence tangent to said curve, 5th: North 140 36' 05" East 88.43 feet to the beginning of a tangent curve concave Westerly and having a radius of 500.00 feet; thence, 6th: Northerly along said curve through an angle of 130 arc distance of 121.99 feet; thence tangent to said curve, 58, 44" an 0001il '' JUL 30 '98 12:18 714 546 1050 PAGE.06 u Ordnance N&'246 Page 73 1 \ \I I k I � L VEN- 98001021.pre Pg: 1C 7th: North 00 37' 21" East 331.69 feet to the beginning of a tangent curve concave Westerly having a radius of 225.00 feet; thence, 8th: Northwesterly along said curve through an angle of 390 33' 10" an arc distance of 155.32 feet; thence tangent to said curve, 9th: North 380 55' 49" West 285.45 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 400.00 feet; thence, 10th: Northwesterly along said curve through an angle of 180 59' 30" an arc distance of 132.59 feet; thence tangent to said curve, 11th: North 190 56' 19" West 252.19 feet; thence, 12th: North 320 12' 39" West 164.24 feet to the beginning of a tangent curve concave Easterly and having a radius of 220.00 feet; thence, 13th: Northerly along said curve through an angle of 550 06' 37" an arc distance of 211.61 feet to a point distant twenty (20) feet measured at right angles from the course recited as "South 220 53' 58" West 664.97 feet" in Parcel 1 in the deed to the State of California, recorded in Book 4219, page 364 of Official Records; thence tangent to said curve and parallel with the Easterly boundary of said lands to the State of California by the following two courses, 14th: North 220 53' 58" East 347.32 feet; thence, 15th: North 280 01' 31" East 61.50 feet to a point on the South line of the hereinbefore described real property, said point bears East 22.66 feet along said South line from the Southwesterly corner of said hereinbefore described real property. PARCEL 4: A nonexclusive easement for water pipeline purposes over a strip of land, twenty (20) feet wide, in Tract K of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in the office of the County Recorder of said Ventura County in Book 3, page 7 of Maps, the Westerly line of said strip being the Easterly boundary of the land described in Parcel 1 in the deed to the State of California, recorded in Book 4219, page 364 of Official Records, said Westerly line being described as follows: Beginning at a 3/4 inch iron pipe set in a mound of stones at the Southeasterly terminus of the course recited as "South 220 31' 46" East 583.19 feet in said deed to the State of California; thence along said Easterly boundary by the following three courses, 000lb 3 JUL 30 '98 12:18 71e Cdr- tarZa onnc rn") Ordinance No. 246 Page 74 � 1 � l 1st: North 220 bar; thence, VEN- 98001021.pre P 11 31' 46" West 583.91 feet to a 1/2 inch re- inforcing 2nd: North 220 53' 58" East 664.97 feet to a 1/2 inch re- inforcing bar; thence, 3rd: North 280 01' 31" East 51.75 feet to the Southwesterly corner of the hereinbefore described real property, the Easterly line of said strip to begin in the Easterly prolongation of the course recited as "North 890 23' 09" West 99.99 feet" in said deed to the State of California, and to terminate in the South line of said hereinbefore described real property. PARCEL 5: A nonexclusive easement for public utility purposes over a strip of land, twelve (12) feet wide, in Tract K of the Rancho Simi, in the County of Ventura, State of California, as per map thereof recorded in the office of the County Recorder of said Ventura County in Book 3, page 7 of Maps, the South line of said strip being described as follows: Beginning at a point on the Northerly line of the South one -half of the Southwest one - quarter of Section 27, Township 3 North, range 19 West, Rancho Simi as said Northerly line is shown on the map recorded in Book 19, page 5 of Parcel Maps, said point being distant South 890 23' 09" East 435.85 feet from a 1 -1/4 inch iron pipe set for the Northwest corner of said South one -half of the Southwest one - quarter of Section 7; thence from said Point of Beginning along said Northerly line South 890 09' East 1764.00 feet. JUL 30 198 12:19 714 546 1050 PAGE.08 r�1 Cb 'V W V I 1 0 a ' i �o LO r t 11 H Z N 17 '447 R 30"Of • v n K7 x 9 J .. . @ h U 'I nm INK ^ � � �� 0 c�[ae [a1 • • ° e �? . • �� 7 ! 6 Y rf, A' rr rr•. \ N 2 ` - • „•, , � - cur •o v "�1 C � t O � —94 H O 11 .•M! y• Awl 4• f.. IG •rM ✓I 1 ?s I OrL IM ?1 22 � N - I 1 • "° • y � O10 rM - L 1 r• t� i i9' rerMfn .� I.. � ( !� raA n ••rr f... so oo - .c ?� /- ti ISMS t! Y Leo ��,y f ri•1�frr•a K COIF IOrI •• Cy [e,,' ,/rWI MOY f�r011 rl. IlrO ' �', So O I Assessor's 8R.30Qf'b. t7 County of vonluro• Calif Rancho Slnd, RK M 3, Ap. 7 NorE-A�oostarb Sock NWwIAero Shorn b Ellipses Z Auoa.orlr Ibrcol Nawera Sh~ M CMdor N U � 0.t.. ,.� ., e.',�•,��. ..- .r t.r M • O _ o S � ►AAC•• 6d,914 F nATA TARI■ ATInN 19PM6 PARCEL MAP IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF VENTURA. 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I•:Xf I1131 T 4 O tT A CD O im :*1 a•o 1� e 0 e . a3 `( ► 111 It:.\ a '••• a ' •� - Qt1L11TION 1 al.^ r trey • t' .Ir.at.a , - a. ' a 7oI •c: 13 .c! S�i 1 pfe•C•1I • �) 1_. i7•• - .1•ta t.C1 'f& A S 1• ��a a 'NI r1• C S a ?k •., =:_1 rN• 4 to all IY I'a 1 •• -'t NI VIC •:11C7 t.t•r ar • .[s[NO •7 ...':. .w la0 •MYa.� . 1t. 0a •• e� w•. Mt` ..� \Y1>ut '. �• 4• • • :w./�. 1 r •.Ne •••w•.• •tT •. Mw. h. O. 4.� •I, .If • t• • ni rc r•tr115 ^.r .a ..I l-Ir. �... ._• - • `• 1•- .t'••.OY a110� , r; 2a •a IV ♦ I • O f J ?'0 r .► n. ..l t... ...:]r�i it ._� ••cQ �: . =;1 h A' t- i M 1 all This p .... == ..oaw un•7,, c °•It ma may or may not 5e survey of the land depicted hereon. ;:... C " w4,.,. „�, y •t... `a[ :L•.1 N � You should not rely upon it for any purpose other than. orientation ...... .. C -S -T 111 O GINEERING C ILS ANGE_ES to the general location of the parcel or parcels depicted. First - SCALE 1•. 400' NOVESAMR• 1274 which may result from reliance upon this map. I•:Xf I1131 T 4 O tT A CD O im :*1 a•o 1� a3 `( ► 111 It:.\ a '••• a ' •� - Qt1L11TION 1 al.^ r trey • t' .Ir.at.a , - a. ' a 7oI Y'f U ♦Ct C TIf '1'! .• 1: M ► C 1 �- - a✓lawl 1.1 4o a.r• a atrta.S.Ka p.:_GI �• :�• - .1•ta t.C1 'f& A S 1• tea•. r.>... w•• arc I IA,1f 1•KMTpp . •7 ...':. .w la0 •MYa.� . 1t. 0a •• e� w•. Mt` ..� \Y1>ut '. �• 4• • • :w./�. 1 r •.Ne •••w•.• •tT •. Mw. h. O. 4.� •I, .If • t• • ni rc r•tr115 ^.r .a ..I l-Ir. �... ._• - • `• 1•- .t'••.OY a110� , r; 2a •a IV ♦ I • O f J ?'0 r .► n. ..l t... ...:]r�i it ._� ••cQ �: . =;1 h A' t- i M 1 all This p .... == ..oaw un•7,, c °•It ma may or may not 5e survey of the land depicted hereon. ;:... C " w4,.,. „�, y •t... `a[ :L•.1 N � You should not rely upon it for any purpose other than. orientation ...... .. C -S -T 111 O GINEERING C ILS ANGE_ES to the general location of the parcel or parcels depicted. First - SCALE 1•. 400' NOVESAMR• 1274 which may result from reliance upon this map. I•:Xf I1131 T 4 O tT A CD O im O tT A CD O im Ordinance No. 246 NCyje77SIMI T 3NR 19 W Tax Rate A #rec 67061 500-/7 18 ,� 67064 90-x .0 .M 6705? N 111309' N O N a `J4 2 G m ¢ 45 004C. 3 LLe 4 Lot 5 ; 31PM75 _ ,^ 44.994r 2Jo 2 IV O�� \ !' � 44.3OIAC \Lof 2 A O h A 42.484c Nl'07.06'E M 41.30 Ac. n: CL Par. l 25.62Ac. 1 ti 45 99Ac. -8iz:3eAc e i 85.99Ac. 14-5d-w N� 4 0 - 5�68�4t- 54Er6� N 3'4 � PM34 O f 'y4, o ~ PW O �' 19 PM 5 •'� s`� 4584Ac x - 21 5° 5�C mss. 17 POrf 54.30 Ac. Q09 ro�M' ti CO Vay N 522 °33'SA�N N 6bt, 97' fYi ter. 020,01 � I S.K. Z 9 iy In �m I r2 fbr. gib 91.87Ac. I UOL1M21 -22 3 480.36Ac. f59E4.4e- go (N ., w `' 24 19 I 472,97 HoM3dstw wo AC 6 7.48Ac. O 123 7 )6 43 Ac. ; 0 ` � W. a M. 3RJr7 Aso' 25R.5.25 239..12' orz3 zc.o sus cJ. -t ms' �f s -C�a` , JUL0S 1989 ek.5o �..t Assessor's Map Bk.500P 17 County of Ventura, NOTE- Assessor's Block Numbers Shown in Ellipses EXHIY92�•3 I v " Ordinance No. 246 4NCH(?agSIK4/ COL)"JTy 3w 11 rsae91 1 Ilk Farr. 14 4 Nd9 %3'se' — C psi TRACT 6 Par. 13 � �$z6�c • -'Ir 3963-2 00 Acs., e��. !8 .v r h i 19P M5 TRACT / ^T R p81k aar11�514 G. 6 5 396.3- 9 � r9F M5 4 ` V.0 FC.O EAS£.. _ 5297; ]91 _ _ �� • 1 V. C. f.C.O, . 32g 83/391_ 0 s c- -F- �. 3963 -3 b yll '0 -1 M/ h -i 5!4 or TR. 2726.2 1, R f� goy 2 25 500-28 35 36 17 439 49 Nt4•'�'�, 19 PM 6 43.12Ac. H�.N A � App 638.71 ij' WJe �6+E- l6 � #iw 26 P 29 "= 800 ---Feft 237.02' "E A M q 17 439 49 Nt4•'�'�, 19 PM 6 43.12Ac. H�.N A � App 638.71 ij' WJe f tiT � #iw N 6 N OGWE tz� �4 ---Feft 237.02' "E A M q S 89°4' 4'60 � 09.44 VI:l1_s 4443/310 NOTE ASSESSOR PARCELS SHOWN ON THIS PAGE 00 NQj NECESSARILY CONSTITUTE LEGAL LOTS. CHECK WITH COUNT/ SURVEYORS OFFlCE OR PLANNING DIVISION TO VERWf Y OF MOORPARK 81 VICINITY 51 90.79Ae. 90.55Ac. w. Ll. Tax Rote Area 2; ,c+r1 23 E 67062 67061 S6S SIO 565, 10 012 HOLD FILE �� ���� S29°�9'40 "W 338.68' 1007 ti O 2 -�`\Ov P1. aR "S21 Z94AC. L.L.A. K29/417 367Ac, ` PI. 93-104329 IN HOLD FILE �� ���� izA- �0• 26046-56-39 - 1.75Ac., r 40 Pr. 46.I3Ac. ;05013#5 36161309 900013894 39 1.07Ac. 35 _ 36 T 3N. R.19W 53 — — 1 T 2N. R. 19W 2 FREEWAY MOl"$ Map 9k. 500 , PQ- 28 EXHIBIT 6 .ounty of Ventura I Calf. 600204 Ordinance No. 246 Page 79 RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 EXHIBIT "C" EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 COVENANT RUNNING WITH THE LAND THIS COVENANT is made this _ day of , by and between Hidden Creek Ranch, L.P., a California Limited Partnership, ( "HCR ") and the City of Moorpark, a municipal corporation ( "City "). WHEREAS, Developer is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as Lot _ of Tract No. ( "the HCR Property "); and WHEREAS, City is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as ( "the City Property "); and WHEREAS, Developer and City are parties to that certain Development Agreement recorded in the office of the County Recorder of the County of Ventura as Instrument No. ( "the Development Agreement "); and WHEREAS, pursuant to the Development Agreement, Developer agreed to restrict the use of the Developer Property to certain uses and to transfer all other development rights to the City Property and to record a document to that effect as a condition of approval of the final map for Tract No. ; 000% 0 Ordinance No. 246 Page 80 NOW, THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as covenantor and covenantee, and expressly for the benefit of, and to bind, their successors in interest, the parties agree as. follow: 1. The Developer Property shall be used for the following purposes only: public school facilities, kindergarten through 12th grade 2. All uses not specified in Paragraph 1 hereof are hereby deemed transferred from the Developer Property to the City Property for the benefit of the City Property. 3. From time to time, and at any time, City may substitute any other property owned by City on the date of the substitution for the City Property ( "the Substitute Property ") without the consent of Developer by the recordation of an amendment to this Covenant in the office of the County Recorder of the County of Ventura. The amendment shall describe the Substitute Property and shall provide that, commencing on the date of recordation of the amendment, all uses not specified in Paragraph 2 hereof shall be deemed transferred from the City Property to the Substitute Property for the benefit of the Substitute Property. 4. All of the covenants, restrictions, and limitations set forth herein shall run with the Developer Property and the City Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Developer Property or the City Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Developer Property or the City Property, by accepting a deed or a contract of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound and benefitted by, all of the covenants, restrictions and limitations set forth herein. 5. This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate an covenant, restriction or limitation hereof. The prevailing party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in such a proceeding. 6. In the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant, which shall remain in full force and effect. (®020(6 Ordinance No. 246 Page 81 IN WITNESS WHEREOF, Hidden Creek Ranch, L.P. and City of Moorpark have executed this Covenant on the date first above written CITY OF MOORPARK Patrick Hunter, Mayor ATTEST: :• Deborah S. Traffenstedt, City Clerk HIDDEN CREEK RANCH, L.P. a California limited Partnership BY: EAST VENTURA HILLS PARTNERS, L.P., a California limited partnership a General Partner BY: MESSENGER PARTNERSHIP XVI, L.P. a California limited partnership, a General Partner BY: MESSENGER INVESTMENT COMPANY, a California corporation, a General Partner ILa.", I: • William S. Messenger, Jr., President William S. Messenger, Jr., a General Partner 000207 Ordinance No. 246 Page 82 EXHIBIT "D" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Hidden Creek Ranch, L.P. c/o Messenger Investment Company 959 South Coast Drive, Suite 490 Costa Mesa, CA 92626 Attn: William S. Messenger, Jr. ()®02.,(3b Ordinance No. 246 Page 83 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 246 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of August, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, and Wozniak NOES: None ABSENT: Mayor Hunter and Councilmember Teasley ABSTAIN: None WITNESS my hand and the official seal of said City this 9h day of September, 1998. S- -1:1� L1 L' , /- � :nstedt, City Clerk (seal) 000200 A'TT'ACHMENT 2. RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF VENTURA COUNTY TO PERMIT THE COUNTY CLERK TO RENDER SERVICES TO THE CITY OF MOORPARK FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 12, 1999, AND TO CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION. WHEREAS, a Special Municipal Election is to be held in the City of Moorpark, California, on January 12, 1999, for the consideration of a certain ballot measure and for the submission of ordinances to the qualified voters; and WHEREAS, pursuant to Section 10002 of the Elections Code, the City of Moorpark wishes to have the County Clerk of Ventura County render specified services to the City relating to the conduct of the election; and WHEREAS, the City of Moorpark authorizes the Board of Supervisors of Ventura County to direct the County Clerk to canvass the election returns of the Special Municipal Election to be held in the City of Moorpark on January 12, 1999. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the Elections Code, the Board of Supervisors is requested to permit the County Clerk to render services with respect to the conduct of the Special Municipal Election, as shown on Exhibit A, attached hereto and made a part hereof; and that any and all other such services be rendered as may be necessary to complete the election. SECTION 2. That the County Clerk of said County is hereby authorized to canvass the returns of said Special Municipal Election. SECTION 3. That the City of Moorpark recognizes that additional costs will be incurred by the County by reason of these services being rendered, and agrees to reimburse the County for any such costs. SECTION 4. That the City Clerk of the City of Moorpark is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Ventura. u00210 Resolution No. 98- Page 2 SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter into the book of original Resolutions of said City. PASSED, APPROVED AND ADOPTED this day of , 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk U0023.1. Resolution No. 98- Page 3 EXHIBIT A REQUEST FOR SPECIFIED ELECTION SERVICES TO: RICHARD D. DEAN, County Clerk FROM: MOORPARK DEBORAH S. TRAFFENSTEDT (City) (City Clerk) ELECTION: SPECIAL MUNICIPAL DATE: JANUARY 12, 1999 HOURS: The polls will be open from 7:00 a.m. to 8:00 p.m. ITEM #1 PUBLICATIONS X A. County elections official is requested to publish: Notice of Election (including measure information, if applicable), Offices, Nominees, Elections Officers and Polling Places. B. City will publish above. ITEM #2 CANDIDATE FORMS County elections official will furnish one master set for xeroxing. ITEM #3 CANDIDATE FILING County elections official will check nomination petition signatures. ITEM #4 CANDIDATE STATEMENT NA A. Maximum number of words permitted for the Candidate's Statement will be 200 words. (200 to 400) NA B. City to be billed for pro rata cost of handling and printing Candidate Statements. Pursuant to Elections Code Section 10002, City agrees to reimburse county elections official in full for the services performed upon presentation of a bill. 0002121 Resolution No. 98- Page 4 ITEM #5 CAMPAIGNING EXPENDITURE MATERIAL County elections official will furnish one master set for xeroxing. ITEM #6 STATEMENT OF ECONOMIC INTERESTS County elections official will furnish one master set for xeroxing. ITEM #7 CANDIDATE CERTIFICATES /OATH OF OFFICE NA A. County elections official is requested to furnish Certificates /Oaths of Office. 1. Blank forms only. Number requested 2. Forms filled in appropriately. Number requested NA B. City will furnish Certificates /Oaths of Office. ITEM #8 DIRECT/REBUTTAL ARGUMENTS County elections official will furnish all argument information, e.g., deadline dates, maximum number of words, Form 9600, format, etc. ITEM #9 TRANSLATIONS Elections official will arrange for all translations pursuant to Elections Code Section 13307. ITEM #10 PRINTING Elections official will arrange for all printing of Candidates' Statements and arguments /analyses. ITEM #11 ABSENTEE BALLOTS Elections official will handle all absentee ballots, including the checking of applications and ballot mailing. Applications and envelopes will be provided to the City Clerk. 00021.3 Resolution No. 98- Page 5 ITEM #12 POLLING PLACES/PRECINTS County elections official will determine the number of polling places. ITEM #13 ELECTION DAY VOTER INFORMATION A. Microfiche of registered voters and polling places. X B. Hard copy of registered voters and polling places. ITEM 414 ELECTION NIGHT RESULTS I: � � X B. Phone X C. FAX The undersigned requests the above election services to be performed by the County elections official, and pursuant to Elections Code Section 10002, agrees to reimburse the County in full for services requested upon presentation of a bill. Signed: Title: City Clerk City: Moorpark Date: 000214 ATTACHMENT —E-- RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Sections 9220 and 9285 of the Elections Code of the State of California authorize the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against a measure, which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut. SECTION 2. That the provisions of Section 1 shall apply only to the election to be held on January 12, 1999, and this Resolution No. 98- shall then be repealed effective January 13, 1999. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this _ day of , 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M:\DTraffenstedt\elections\rebuttal-res.doc G00215 ATTACHMENT F RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. WHEREAS, a Special Municipal Election is to be held in the City of Moorpark, California, on January 12, 1999, at which there will be submitted to the voters the following ordinances: A. Shall the ordinance entitled the Moorpark Save Open -Space and Agricultural Resources be adopted? B. Shall the ordinance entitled an Ordinance of the City Council of the City of Moorpark, California, adopting a Development Agreement between the City of Moorpark and Hidden Creek Ranch Partners (Messenger Investment Company) Related to the Development of Specific Plan No. 8: Hidden Creek Ranch, be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes members of the City Council to file a written argument against Item A and in favor of Item B, above, in accordance with Section 9281 et seq. of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the ordinance measures to the City Attorney and the City Attorney shall prepare an impartial analysis of the ordinances showing the effect of the ordinances on the existing law and the operation of the measure, with said impartial analysis being filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original Resolutions of said City. 00021:; Resolution No. 98- Page 2 PASSED, APPROVED AND ADOPTED this _ day of , 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M:\DTraffenstedt\elections\arguments-res.doc tio021-