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HomeMy WebLinkAboutAGENDA REPORT 1999 0616 CC REG ITEM 09ATO FROM " -Alimg AGENDA REPORT CITY OF MOORPARK THE HONORABLE CITY COUNCIL --112 (000-1) ITEM q' A' C1 UV (IF %J0O -R1' ARK. CALIFORNIA of ACTTO.N:A(JL ?Ud:-tlt tio1� oo_ �_r.�srwLiLn_�"0f, � q - ru ti W4G1�1CDteG{ D�L�ti�iL+.rILC'd ' WAYNE LOFTUS, ACTING DIRECTOR OF COMMUNITY DEVELOPMEN�I/e° June 9, 1999 (CC meeting of 6/16/99) SUBJECT: CONSIDER GENERAL PLAN AMENDMENT NO. 96 -1, VESTING TENTATIVE TRACT NO. 5053, AND RESIDENTIAL PLANNED DEVELOPMENT 96 -1, (PACIFIC COMMUNITIES) RELATING TO PROPOSAL FOR 303 RESIDENTIAL LOTS LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF GOLDMAN AND SHASTA AVENUES (ASSESSOR PARCEL NOS.: 506 -0 -03 -135, 145, 155, 165, AND 185) CONTINUED FROM JUNE 2, 1999. BACKGROUND: The above applications submitted by Pacific Communities were continued to this meeting from the City Council meeting of June 2, 1999. This project which has been redesigned to include 247 dwelling units as compared to the 303 units originally recommended by the Planning Commission on June 8, 1998, reflects changes that the Commission reviewed on May 24, 1999. The City Council received the Planning Commission report and recommendation on June 2, 1999. The Planning Commission recommendation offered only one minor change in proposed revised conditions and concluded that the redesigned plan had been responsive to the efforts of the Ad Hoc Committee (Councilmembers Evans /Harper) and the suggestions of the Maureen Lane residents. The City Council on June 2, 1999, closed the public hearing on the applications submitted by Pacific Communities; approved the Mitigated Negative Declaration and Mitigation Monitoring Program and introduced Ordinance No. 256, approving the Zone Change and Ordinance No. 257 approving the Development Agreement. These actions relating to the two ordinances constitute their first reading, with the second reading (adoption) proposed on this agenda. The Council also at their June 2, 1999 meeting continued the General Plan Amendment, Residential Planned Development permit M:ICLa6euAWACIFIC COMAA990616 -PAC COMM -mdce Honorable City Council June 10, 1999 Page 2 and Vesting Tentative Tract Map to this agenda. DISCUSSION: At the City Council meeting of June 2, 1999, several questions were asked or issues noted which are pending resolution, including: • Wording of Condition No. 12 of proposed City Council resolution requires clarification relating to storm drain facilities requested by the Ventura County Flood Control District. Response: The following revised condition is appropriate for the City Council resolution and should replace the current condition as follows: "The proposed placement of a ten (10) foot wide storm drain by the Ventura County Flood Control District that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of an interim storm drain facility is required at this location by the applicant. The width of the easement for the future County storm drain shall be approved by the Ventura County Flood Control District and City. Existing easements and any revisions shall be shown on the Final Map. The issue of extending a masonry wall west from the southwest corner of the project along the future right -of -way of the Arroyo Simi remains unresolved. The length of the wall to be extended to the locked gate at the Ventura County Flood Control District maintenance road near the end of Maureen Lane is approximately 480 feet from the project's west property line. • Response: The project applicant should respond to this issue as appropriate. A question was asked of the applicant about an increase in recreation facilities, particularly the inclusion of a wading pool at the main recreation facility at Shasta Avenue. M:ICLaBeuA WACIFIC COMM1990 MPAC COMM -cadoc Honorable City Council June 10, 1999 Page 3 Response: The project applicant should respond to this issue as appropriate. Following resolution of the above issues or other questions concerning this project, Council may move to approve the General Plan Amendment 96 -1, the Residential Planned Development Permit No. 96 -1 and the Vesting Tentative Tract Map No. 5053. Additional conditions to reflect changes to the project should be included in a Council motion. The second reading of the Ordinance should not occur unless the City Council also approves the General Plan Amendment and also approves the Residential Planned Development and Tentative Tract Map with final approved resolutions. STAFF RECOMMENDATION: 1. Adopt Resolution No. 99- approving General Plan Amendment No. 96 -1. 2. Declare Ordinance No. 2 read for the second time 3. Adopt Resolution No. 99-_ No. 5053 and Residential 4. Declare Ordinance No. Agreement, read for the 6, approving zone Change No. 96 -2, and adopted as read. _ approving Vesting Tentative Tract Planned Development Permit No. 96 -1. 257, approving the Development ;econd time and adopted as read. ATTACHMENT: A. City Council agenda report dated May 26, 1999. B. Revised resolution's for General Plan Amendment, Planned Development, and Tentative Tract Map. C. Ordinance No. 256 Rezoning subject property D. Ordinance No. 257 Adopting Development Agreement property. Residential for subject KICLafleuWACIFIC COMMI990616 -PAC COMM- cc.doc 000003 AGENDA REPORT City of Mo6rpark To: The Honorable City Council From: Wayne Loftus, Acting Director of Community Developmenjj�� Date: May 26, 1999 (City Council Meeting of 6- 02 -99) Subject: CONSIDER GENERAL PLAN AMENDMENT NO. 96 -1, ZONE CHANGE NO. 96 -2, VESTING TENTATIVE TRACT NO. 5053, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1, AND DEVELOPMENT AGREEMENT NO. 98 -2 (PACIFIC COMMUNITIES) RELATING TO PROPOSAL FOR 303 RESIDENTIAL LOTS LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF GOLDMAN AND SHASTA AVENUES (ASSESSOR PARCEL NOS.: 506 -0 -03 -135, 145, 155, 165 AND 185) (PUBLIC HEARING OPEN) BACKGROUND: This report and recommendation by the Planning Commission is an addendum to the previous reports provided to the City Council for consideration of applications submitted by Pacific Communities for a General Plan Amendment, Zone Change, Residential Planned Development, Vesting Tentative Tract Map and Development Agreement requesting approval of 303 single family detached dwellings on compact size lots. The City Council at their meeting of March 3, 1999, referred a revised plan for this site to the Planning commission for report and recommendation. The referral was necessary because of changes that had occurred in the plan in response to concerns expressed by the City Council and neighboring property owners on Maureen Lane. The Planning Commission at their meeting of May 24, 1999, discussed the revised project and recommended approval with one change to the staff recommendation, which was to delete the proposed condition limiting the height of the residences on Lots 133 -137 which are located near the south -west corner of the site next to a passive recreation area. All other changes recommended by the Ad Hoc Committee (comprised of Councilmembers Evans and Harper) have been included on the project drawings, or in the attached revised Council resolution. The adjacent five acre site to ATTACHMENT A 000004 Honorable City Council May 26, 1999 Page 2 the east of this proposed project with frontage on Liberty Bell Road is not included as part of this hearing. This referenced five acre site was authorized by City Council on March 3, 1999, to proceed as a General Plan Land Use Element amendment, however, because of three other pending amendments and one being reserved for use by the City (four total), this request will have to be deferred to 2000 for processing. DISCUSSION: The changes proposed by the revised project drawings were the result of three Ad -Hoc Committee meetings held on February 1, 16 and 23, 1999, which included input from the Maureen Lane property owners located adjacent to the west property line of this proposed project. The initial project recommended for approval by the Planning Commission and first heard by the City Council on December 2, 1998, proposed 303 (reduced from original application for 305 du) single family dwellings on compact lots in a gated community. However, there were several concerns on the part of City Council relating to traffic and circulation, setback distance in front of garage doors, and the adequacy of the buffer along the west property line where adjacent properties are zoned RE (Rural Exclusive) and R -O (Single- Family Estate) allowing a variety of animals, including horses. The revised plan proposes 247 single family detached dwellings on private streets in a pattern that gives the appearance of a more traditional subdivision. The setback to all garage doors is a minimum of 19 ft. and the lot sizes are larger than the previous plan ranging in size from a minimum of 3,000 -sq. ft. to approximately 4,000 sq. ft. The proposed homes are also larger in size from 1,027 -sq. ft. to 2,504 sq. ft. All the units have a two -car garage as required by the Municipal Code. The west property line buffer is proposed to include dedication of a strip of land five (5) in width to Maureen Lane property owners, a solid masonry (slump block w /brick cap) wall 7 % to 8 ft. in height, a landscape strip on the east side of the wall and a 36' wide (curb to curb) private street separating single story units (side yard faces street) from the west property line wall. The wall treatment along the south property line will be three (3) 000005 IIMOR PRI_SERWiOME FOLOERSICLaOeuAWACIFIC COMM1990602 -PAC COMM -mdoc Honorable City Council May 26, 1999 Page 3 ft. high slump blocks with a three- (3) ft. wrought iron fence on top of the masonry wall to create a 6' high structure. The revised project is not gated and primary access at Shasta Avenue remains with secondary access provided at Goldman Avenue. Additionally, an access road will be extended through the project to the east for connection on Liberty Bell Road, providing a third access opportunity for this project. This additional point of access is possible because of the future incorporation of 4.8 acres into this proposed project, which was approved for processing by City Council on March 3, 1999. The recreational component proposed for the site has been increased as recommended by the Ad -Hoc Committee and a gate opening to provide future access to the Arroyo has been provided. The landscaped setback along Los Angeles Ave and the potential for a bus turnout remain as previously proposed. The other component of this project proposal involves the provision of a Development Agreement. Revisions are still being made to the Development Agreement to reflect the revised project. A copy of the revised Draft Development Agreement will be provided under separate cover prior to the June 2, 1999 meeting. REVISIONS TO PLANS It should be noted that with the change of development impact for this site, several of the conditions in the City Council resolution also changed. The conditions listed below have been either added or deleted because of the modifications to the project. The most basic conditions that apply to the respective plans, such as a condition concerning stacking area for the previous plan that envisioned a gated project have been noted. The most significant addition or deletions appear below: Add • The CC &R's shall disclose the existence of the existing zoning district, which allows equestrian uses along Maureen Lane. This should also be disclosed in the white report and by separate disclosure to potential buyers. 000006 IIMOR- PRI- SERMOME FOLDERSICLa6euAWACIF ICCOMMI9906o2- PACCOMM-cc.doc Honorable City Council May 26, 1999 Page 4 Add • The entrances at "A" Street and Shasta Avenue shall be designed to include: a. Traffic control devices acceptable to Caltrans and the City Engineer that prohibit left turn movements onto Los Angeles Avenue from "A" Street only. b. The Developer shall submit for review and approval traffic counts /estimates for stacking of vehicles at the entrances of "A" Street and Shasta Avenue during peak hours. The Developer shall justify that the design of the entrances of "A" Street and Shasta Avenue is adequate for peak hour stacking of vehicles and truck turning radius movements. The Developer shall submit for review and approval traffic data to justify the design of the deceleration and acceleration lanes on Los Angeles Avenue. Add • Lot Nos. 50, 51, the east side of residential units. •o 78, 79, 106, 107. 122 and 123 located on Street "C" shall be limited to one story Locked Gated Access to Flood Control Channel • The gated access to the flood control channel shall be locked at all times to prevent permanent access unless otherwise authorized in writing by the City. Deleted • Prior to Final Map approval, a ten -foot landscaping easement shall be dedicated on the map along the western property line perimeter of the proposed project to act as a buffer for adjacent development along Maureen Lane. The easement shall include restrictions to require that this area be used exclusively for landscaping. A maximum of 5 feet of this buffer area may be transferred in ownership through the Lot line Adjustment procedure to adjacent individual owners of lots which have frontage on Maureen 000007 WOR_PR! SERAH OME_ FOLDERSICLaBeuAWACIFICCOMAA990602- PACCOMM- cc.doc Honorable City Council May 26, 1999 Page S Lane. The buffer area which remains within the lot line of RPD 96 -1 shall be maintained by the Homeowners Association. Deleted • The entrance at West Street shall be designed to include: a. Provisions to install a ANo Trucks sign on Los Angeles Avenue; and b. Traffic control devices acceptable to Caltrans and the City Engineer that prohibit left turn movements onto Los Angeles Avenue. Deleted Pedestrian Connection to Liberty Bell Road • A private pedestrian access easement, a minimum of 12 feet in width with a 6 foot wide paved walk and fenced with the specific design to be approved by the Community Development Director, shall be provided to connect this project to Liberty Bell Road at Villa Campesina Avenue. A security gate allowing unattended passage in both directions for residents shall be installed. Additionally, the area within the fence lines that is not paved shall be landscaped unless integrated into a future project where landscaping and fencing may be waived by the Community Development Director. The Flood Control facilities may not be used for this purpose unless specifically approved by the City Council. Deleted Patio Covers, Accessory Structures and Second Story Decks • Patio covers and accessory structures shall adhere to the following requirements: Rear yard setback: Minimum five feet for the post allowing the lattice cover overhang to come within three (3) feet of the rear yard wall or property line. 11111: IIMOR_PRI_SERVWOME FOLDERSICLa6eurIMIPACIFICCOMM1990602- PACCOMM- cc.doc Honorable City Council May 26, 1999 Page 6 Side yard setback: Minimum five (5) foot setback for the post allowing the lattice cover overhang to be within three (3) feet of the side yard wall or property line. Patio Height: The patio cover may not exceed a height of twelve (12) feet including support posts or beams. Patio area: The total area of the patio cover may not exceed more than 40% of the rear yard area. Enclosed patios, patio walls greater than 42 inches high, patio covers with solid roofs or any type of second story deck are prohibited. Deleted Fire Sprinklers • All buildings shall be protected by an automatic sprinkler system. Plans shall be submitted with payment to the Fire District for review and approval. STAFF RECOMMENDATION: 1. Accept public testimony and close the public hearing on General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Residential Planned Development Permit No. 96 -1 and Development Agreement No. 98 -2. 2. Review, consider and approve the Mitigated Negative Declaration and Mitigation Monitoring Program. 3. Adopt Resolution No. 99--approving General Plan Amendment No. 96 -1, 4. Introduce Ordinance No. approving Zone Change No. 96 -2 for first reading. 5. Adopt Resolution No. 99- approving Vesting Tentative Tract 5053, and Residential Planned Development No. 96 -1 11111• TIMOR_ PRI_ SERV WOME_FOLDERSICLafleurtWACIFIC COMM1990602 -PAC COMM- cc.doc Honorable City Council May 26, 1999 Page 7 6. Introduce Ordinance No. approving Development Agreement No. 98 -2 between the City and Pacific Communities. Attachments: 1. City Council Agenda Report for 3/3/99 (Note: All other reports are available from the City Clerk) 2. Planning Commission staff report dated May 24, 1999 3. Draft Ordinance for Zone Change No. 96 -2 4. Draft Ordinance for Development Agreement No. 98 -2 5. Draft Resolution approving General Plan Amendment No. 96 -1 6. Draft Resolution approving Residential Planned Development No. 96 -1 7. Chronology of Events prepared by applicant Attachments 1 -7 Previously submitted. Attachments: Site Plan and Elevations 000010 IIMOR_PRI- SERMOME FOLDERSICLafleuAWACIFIC COMM1990602 -PAC COMM ccjoc ;ai;i IW 11. C13 lip NIS •�. � � M 111 � � 'i -� �; -� „���! its- - ,--- .*s••:•�a..:...�;,, " - - - --- � i j �, ,mac , ��������►� ��° � `� ., A Y ®�► i L ■ .t 1. °i: 11II it I ,.,., :ti CONTI .tll0 PACIFIC COMMUNITIES. INC 0 0 Q l� •yam v J A � 61 r _% a u M 0 Q 0 O ,aNl IIIIII111n"Oo 3IJ13V4 O11)l 11107 PLAN ONE PLAN TWO PLAN THREE MM ff 110111 VVATM YAM 9MAT10M ♦ter...'. �_�r_ A:- w4..r� -�.. MIUM WVATIOM ARM UAVATWN c LWV WX ELEVATION LMT "M RAVATNNI f, r,y J a ID 8.13 r - LMT 1M ELEVATNIN A s MDJI ;� i} PLAN FOUR ; m o _ .t.- �.,•.._ „ F ® E. •-. ••• •• YONT Ep WYATNM MEA11 If FVAITOM •. ' LEFT 1M niVATMN C O R T E B E L L O , PACIFIC COMMUNITIES, INC. SIDES 6 klAkS 1IIVAIMNS'C A PLAN FIVE PLAN SIX PLAN SEVEN O O C OPLAN EIGHT MIOIT I" LILIVATMIM fty L:ORTE 8L.._0 MIOIT MA IRMATI MI M W W O aMATMM •rrrllllllllllll 1!111!1 �� . urrrlllrllrrrlll� Illjnrr L 4f% — — -- — 0� MM REVATHM 1WNI EIEVATIOM w J� All U 6. s L!T M[ RIVATMMI LAST "M ELEVATMMI 0 / r tj s �A r A r� r L J ❑ A-- LWT M[ RAVATMMI LAST "M ELEVATMMI 0 / �s,ssssssss,. 1111111 " �Iil 'ant •s31LUNnwwoo ol+lor 011i J�,lsO I ..I• t O O COR Tk HELLO PACIFIC CODUnuIT,� LCO3 .1 a. r---1 Plan ON, Plan Tr, Plan TN.. C, Plan Fold VI AN L m S I i f I�r,�r �t, l ��/ i���Eflq_N ii��iiCDli rii�i.�■ Mimi �ii.ii'����� ■: arou uo■ ui iii _ r OU�L L� r.��.O ■ ■tp o u.w r pami�nll Iii,_. +.�uu�n �I�t =ri.iiii 1�/ - FI�•7 WHIM Blll��tl �►o�� _ Miami Plan flva Plan Six Plan Swan Plan Eight 0 oC) _ a CORTE BELLO- PACIFIC COMMUNITIES, INC. SITE PLAN i T '. FIRST FLOOR PLAN 1027 :.I. N i i I I CORTE BBL cl-. PACIFIC COMMUNITIES, INC. PI AN ONE L C) r' FIRST FLOOR PLAN 1131 s.f. r - -- - CORTE BELLO PACIFIC COMMUNITIES, INC. Pi AN f wO L m .: _. C SECOND FLOOR PLAID O 888 s.l. W :ORTF BELLQ" ACIFIC COMMUN1T1ca r FIRST FLOOR PLAN 722 s.f. 101a1: 1610 s.(. A PI n N 1 11 R f E Ls . 0 r N SECOND FLOOR PLAN 946 0. C0RTE 8ELL0 PACIFY. cnu.......r . I. ... Im I 35' ' FIRST FLOOR PLAN 842 s.f. 10121: 1788 s.f. I't N I U ll u 1C m 0 0 O SECOND FLOOR PLAN p 1060 s.F. C) I' VI ORTE EIELLO AI:IfIC COMMUNITIES. LNG r'. FIRST FLOOR PLAN 936 s.L. i" lolal: 1996 s. /. P1 A N F I V E L - �i— ✓oG._..,.4 m SECOND FLOOR PLAN O 1250 s.f. C) O C) CO i JFllO I I nN six Is PACIFIC COMMUNITIES, INC. T N �j 'OR T aElI. .ACIFIC NITIES, INC. FIRST FLOOR PLAN 1052 s.l. i lolal 2301 s.f. I'IAN Sf VIN L 0 SECOND FLOOR PLAN O 11249 s.l. N �j 'OR T aElI. .ACIFIC NITIES, INC. FIRST FLOOR PLAN 1052 s.l. i lolal 2301 s.f. I'IAN Sf VIN L UfT US SLSVATIOM IFIC COMMUNITIES BUILDER 1 11lAA EUVATION OWNT SLIVATION R a 0 Ic III IL CIL AlO w)OY - - -nom 11 f)lNl VI.AH LIST Of MATSAIALS 1 tI. ]Y YM4YO t11Y V/ rIYCCO OV Al • (NNM• r11 .r.Cc ..AM♦ rtr. .C. w/ yYCCO w rtr 1.4' . N Aww. aco+. ", yw. AYru rn. awA +rrl roYl rw r/ rtlrcco a �'�"'� caA'AMn woor ru k l i V l n I ill r/ a UII I)IN(; RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL AMENCAENT NO. 96 -1 FOR A CHANGE IN THE LAND USE DESIGNATION OF THE GENERAL PLAN FROM HIGH (H) DENSITY RESIDENTIAL, 7 DU /ACRE MAXIMUM, AND VERY HIGH (VH), 15DU /ACRE MAXIMUM, TO HIGH DENSITY RESIDENTIAL (H) ON APPROXIMATELY 35.23 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, OPPOSITE SHASTA AND GOLDMAN AVENUES (APN. 506 -0 -03 -135, 145, 155, 165 AND 185) ON THE APPLICATION OF PACIFIC COMMUNITIES WHEREAS, at a duly noticed public hearing held on December 2 and 16, 1998 and March 31 June 2 and 16, 1999, the City Council considered the application filed by Pacific Communities for approval of General Plan Amendment No. 96 -1 for a change in Designation of the Land Use Element of the General Plan from High (H) Density Residential 7 DU /Acre maximum) and Very High (VH), 15DU /Acre Maximum, to High Density Residential (H); and WHEREAS, the City Council opened the public hearing for General Plan Amendment 96 -1 on December 2, 1998 to take public testimony from those wishing to testify and closed the public hearing on June 2, 1999; and WHEREAS, at a duly noticed public hearing on December 2 and 16, 1998 and March 3, June 2 and 16, 1999, the City Council considered the application filed by Pacific Communities for approval of General Plan Amendment No. 96 -1 for a change in the Land Use Designation of the General Plan from High Density Residential (7 du /acre maximum) and Very High Density Residential (15 du /acre maximum) to High Density Residential; and WHEREAS, the City Council, after review and consideration of the information contained in the staff reports and testimony for General Plan Amendment Nos. 96 -1, has made a decision in these matters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council has determined that the Mitigated Negative Declaration /Initial Study prepared for the ATTACHMENT B 000030 City Council Resolution General Plan Amendment Nos. 96 -2 Page No. 2 General Plan Amendment No. 96 -1 and the Mitigated Negative Declaration prepared for General Plan Amendment No. 96 -1 is complete, has been prepared in compliance with CEQA, and City policy, and the contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on the proposed General Plan Amendments. SECTION 2. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program for General Plan Amendment No. 96 -1 have been imposed as conditions of project approval. SECTION 3. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding General Plan Amendment 97 -2. SECTION 4. The City Council adopts: a) the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for General Plan Amendment 96 -1. SECTION S. The City Council has determined that the impacts for the proposed General Plan Amendment No. 96 -1 would not have a significant adverse effect on the environment. SECTION 6. The City Council hereby approves a change in Land Use Designation for General Plan Amendment 96 -1 to High Density Residential (H), 7 du /ac maximum, on 35.23 acres located on the south side of Los Angeles Avenue, opposite Shasta and Goldman Avenues (APN. 506 -0 -035, 145, 155, 165 and 185). 000031 City Council Resolution General Plan Amendment Nos. 96 -2 Page No. 3 PASSED AND ADOPTED THIS ATTEST: Deborah S. Traffenstedt City Clerk Exhibit: General Plan Amendment 96 -1 DAY OF JUNE, 1999. Patrick Hunter, Mayor 000032 z J i i J CJ LOS ANGELES AVENUE a P "EVE EST V AR GENERAL PLAN AMENDMENT 96 -1 i 1 OEED�-C1 uT OT L D 000033 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 5053 FOR 247 RESIDENTIAL LOTS, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 FOR 247 RESIDENTIAL UNITS ON 35.23 GROSS ACRES OF LAND ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF SHASTA AND GOLDMAN AVENUES ON THE APPLICATION OF PACIFIC COMMUNITIES (ASSESSOR'S PARCEL NOS. 506 -0 -03 -135, 145, 155, 165 AND 185) WHEREAS, at a duly noticed public hearing on December 2 and 16, 1998 and on March 3, June 2, and June 19, 1999 the City Council considered the application filed by Pacific Communities for approval of the following: Vesting Tentative Tract Map No. 5053 - for a subdivision of an existing 35.23 gross acres into 247 residential lots. Residential Planned Development Permit No. 96 -1- for approval of a Residential Planned Development consisting of 247 residential dwelling units. WHEREAS, at its meeting of December 2, 1998, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on June 2, 1999; and WHEREAS, the City Council, after review and consideration of the information contained in the staff reports for the City Council meeting, and testimony, has made a decision in the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: C.E.Q.A. Findings 1. That the Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial 1 IIMOR_PRI SERMOME_ FOLDERSIPPORTERNARPD9611FINALNOICC .RES.DOC ATTACHMENT B 000034 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 2 Study have been considered in the various decisions on these projects. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivision is consistent with the applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There would be no discharge of waste from the proposed subdivision into an existing community sewer system in 2 M.IPPORTElM RPD9611F1NALNOICC.RES.DOC 000035 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 3 violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. Residential Planned Development Permit Findings 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure (s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The City Council does hereby find that the aforementioned projects will be consistent with the City's General Plan prior to recordation of the Final Map. SECTION 3. The City Council adopts the Mitigated Negative Declaration/ Initial Study and Mitigation Monitoring Program and certifies that the Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. SECTION 4. That the City Council hereby conditionally 3 M. PPORTERIMIRPD961 IFINALN01CC.RES.DOC 000036 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 4 approves Vesting Tentative Tract Map No. 5053 for 247 residential lots, and Residential Planned Development Permit No. 96 -1 for 247 dwelling units on the application of Pacific Communities subject to compliance with all of the following conditions: CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5053 A: GENERAL REQUIREMENTS CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5053 GENERAL REQUIREMENTS Application of City Ordinances /Policies 1. The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Acceptance of Conditions 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. Requirement for Affordable Housing Agreement 3. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Tentative Map approval. 4 M:IPPORTERWPD9611FINALN01 CC.RES.DOC 000037 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 5 Expiration of Map 4. This Vesting Tentative Tract Map shall expire three years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the map. Imaae Conversion 5. Prior to recordation, the builder shall provide to the City an image conversion of plans (as determined buy the Department of Community Development) into an optical format acceptable to the City Clerk. Hold Harmless 6. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; rj M: IPPORTERVARPD9611RNALNOICC .RES.DOC 000038 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 6 The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. Title Report 7. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Calleauas Release 8. Prior to approval of a demonstrate by possession Calleguas Municipal Water payment of the Construction subdivision have been made. Ventura County Waterworks Final Map, the subdivider shall of a District Release from the District that arrangements for Charge applicable to the proposed The subdivider shall comply with Rules and Regulations, including payment of all applicable fees. Unconditional Availability Letter 9. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 6 M.1 PPORTERiAnRPD961FINALNOICC .RES.DOC 91.11 • Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 7 Cross Connection Control Devices 10. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Suretv for Utilities 11. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage roads of the site. All utility lines either existing or proposed that must connect across Los Angeles Avenue to provide service to this site shall be placed underground via an underground conduit. 12. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees" 13. Prior to approval of the Final Map, the applicant shall pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro - rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent of the above costs). Fees In -Lieu of Park Dedication 14. Prior to approval of the Final Map, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 7 M, PPORTERIMIRPD961WNALNOiCC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 8 Citywide Traffic Mitiaation Fee 15. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the 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. CC &R Requirement 16. Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: The CC &R's shall address the maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas ") owned by the Homeowners' Association. Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District Shall be borne by the lot owners within the tract. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. The CC &R's shall state that the gated access to the flood 8 M: WPORTERIA41RPD9611FINAWOICC .RES.DOC 000041 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 9 control channel shall be locked at all times to prevent permanent access, unless otherwise authorized by the City in writing. The CC &R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC &R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. 17. The applicant shall be required to pay all costs associated with City Attorney review of the project CC &R's prior to final map approval. 18. The Homeowners' Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC &R's. 19. The CC &R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. 20. The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance. The CC &R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. c. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 21. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the 9 MIPPORTERMRPD9611F1NALNOICC .RES.DOC 000042 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 10 materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC &R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The proposed 7 1/2 minimum high foot high screen wall with brick cap along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to issuance of zoning clearance for construction of the residential units. 22. The CC &R's shall include language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. 23. The CC &R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 24. Single and multi- family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 25. CC &Rs shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall not be used for residential purposes. 26. The CC &R's shall require the Homeowner's Association to remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 27. The CC &R's shall disclose the existence of the existing zoning district which allows equestrian uses along Maureen Lane. This should also be disclosed in the white report and by separate disclosure to potential buyers. 28. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet, except for the pedestrian access to Liberty Bell Road. With the exception of the easement along the western project boundary adjacent to 10 M: IPPORTERWPD9611F INALNOICC.RES.DOC 000043 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 11 Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 28. The CC &R's shall include a provision prohibiting all single family homes adjacent to Maureen Lane from having second story additions. CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Grading 1. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 2. Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 3. Requests for rough grading permits will be granted in accordance with RPD 96 -1 and the approved Tentative Map No. 5053, as required by these conditions and local ordinance. 4. The Vesting Tentative Map calls for the cut of 47,524 cubic yards of cut, 61,676 cubic yards of fill, and 50,419 cubic yards of import. Staff will be allowed to approve an additional import of 20,000 cubic yards of soil. Any additional import more than 20,000 cubic yards shall require Council approval prior to the commencement of hauling or staged grading operations. 5. The Subdivider /Developer shall indicate in writing to the 11 M. PPORTERMRPD9611F1NALNOICC .RES.DOC Iff #•• Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 12 City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 6. Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 7. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. Geotechnical /Geology Review 8. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report which discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 12 M' PPORTERVARP09611FINALNOICC .RES.DOC 000045 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 13 9. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Storm Water Runoff and Flood Control Planni 10. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; c. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; 13 M: IPPORTERWPD9611FINALNOICC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 14 f. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane in each direction. h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 14 M:WPORTERiMIRP0961TINALNOI CC.RES.DOC 00004'7 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 15 m. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. 11. The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall be per current Ventura County Standards. 12. The proposed placement of a ten (10) foot wide storm drain by the Ventura County Flood Control District that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. Existing easements and any revisions shall be shown on Final Map. National Pollutant Discharge Elimination System ( NPDES 13. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 14. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 15. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 15 M.. IPP0RTERMRPD96 11FINALNOICC.RES.DOC i Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 16 16. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 17. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 18. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. All materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. 19. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 20. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property 16 M. PPORTERVARPD9611FlNALN01CC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 17 owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 21. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. c. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive- throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash 17 M WPORTERWPD961{RNALN0ICC.RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 18 enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 22. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. c. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan ( SWPPP) e. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land 18 M.' TPORTERMRPD961 TINALNOICC.RES.DOC 000051, Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 19 disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 23. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. Street Improvement Requirements 24. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with, the City of Moorpark, to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the Ventura County Road Standards (most recent version). 25. The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. Los Angeles Avenue 26. The street right -of -way plan shall provide for a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and 19 M. PPORTERWPD%IIF1NALNOICC.RES.DOC 000052 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 20 landscaping. An additional easement for sidewalks shall be provided to the satisfaction of the City Engineer and Community Development Director. 27. Entrance curb returns shall be 45 foot radius. 28. The entrances at "A" Street and Shasta Avenue shall be designed to include: a. Traffic control devices acceptable to Caltrans and the City Engineer that prohibit left turn movements onto Los Angeles Avenue from "A" Street only. b. The Developer shall submit for review and approval traffic counts /estimates for stacking of vehicles at the entrances of "A" Street and Shasta Avenue during peak hours. The Developer shall justify that the design of the entrances of "A" Street and Shasta Avenue is adequate for peak hour stacking of vehicles and truck turning radius movements. The Developer shall submit for review and approval traffic data to justify the design of the deceleration and acceleration lanes on Los Angeles Avenue. 29. This project shall be responsible to provide a bus turnout - loading zone along the Los Angeles Avenue street frontage or at an alternative location adjacent to this project as agreed to by the Public Works Director, City Engineer and Moorpark Unified School District. The specific size and design characteristics shall be determined by the Public Works Director. Other Streets 30. "B, C, D, E, F, H, I, K, K, L, M, N" Streets shall be designed per Ventura County Standard Plate B -5B. The total right -of -way width shall be 49 feet. The pavement width shall be 36 feet. The parkway dimension shall be 6.5 feet wide and the sidewalk shall be 5 feet wide and located adjacent to the curb. Shasta Avenue shall be designed as shown on the tentative map. The total right -of -way width shall be 84 feet. The median width shall be 20 feet. The pavement width on both sides of the median shall be 24 feet. The design shall be 20 M. IPPORTERIMIRPD9611FINAWOICC .RES.DOC 000053 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 21 modified to separate the sidewalks from the curbs with 6 feet of landscaped parkway. "G" Street 31. "G" Street shall be designed per Ventura County Standard Plate B -5B and shall be extended to Liberty Bell Road at a location acceptable to the Director of Public Works and City Engineer. 32. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Street lights shall be designed so as to not reflect lights onto the back yards of properties along Maureen Lane. The Subdivider /Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 33. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 34. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 35. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 36. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 37. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall 21 M. PPORTERMRPD9611F1NALNOICC .RES.DOC 000054 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 22 include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 38. The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. 39. Prior to final map approval, the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fee. 40. The applicant shall cause to be designed and constructed, at his own expense, a traffic signal at the intersection of Los Angeles Avenue and Shasta Avenue. a. The signal system shall be designed by a traffic engineer registered in the State of California and provide for left turn phasing, traffic actuation and interconnected operation. b. Interconnect conduit and wiring shall be installed to connect to the traffic signal controller to the east. c. Traffic signal plans are to be reviewed and approved by the City Engineer. 41. The applicant's traffic engineer shall submit a traffic warrant study addressing the need for a signalized intersection at Los Angeles Avenue and Maureen Lane. If a signal is warranted, the applicant shall contribute a pro - rata share of the cost of improvements. The applicant's traffic engineer shall provide the City Engineer a 'Fair Share Analysis of the project's added traffic for calculation of the pro -rata ('fair share') amount. 42. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 22 M. PPORTERIMIRPD9611FINAWOICC.RES .DOC 000055 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 23 43. The Applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. UTILITIES 44. Utilities, facilities and services for Tract 5053 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. Water & Sewer a. The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. Dist. #1 for maintenance. b. Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. 23 M. PPORTERLMRPD961TINALNOiCC .RES.DOC 000056 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 24 Other Utilities: c. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. 45. All utilities shall be placed underground. Acquisition of Easements and Riaht of Wav 46. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer will pay all of the 24 M..A PPORTERMRPD9611FlNALNOICC .RES.DOC 000057 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 25 City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 47. The Developer shall offer to dedicate to the City of Moorpark public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. a. The applicant shall make an irrevocable dedication on the Final Map of easements to the City of Moorpark over all private streets shown on the Vesting Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. 48. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. PRIOR TO ISSUANCE OF A ZONE CLEARANCE FOR GRADING, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 49. All conditions required prior to Final Map Approval shall be complied with. 50. All structures and walls in excess of 6 feet in height require Planning Department approval. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 51. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 25 M:IPPORTEIM RPD9611FINALNOICCRES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 26 52. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 53. During clearing, grading, earth moving or excavation opera- tions, dust emissions should be controlled by regular water- ing with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) . The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. c. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 26 M: IPPORTERWPD9611FINAWO ICC.RES.DOC 000059 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 27 g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h. Wash off heavy -duty construction vehicles before they leave the site. 54. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil - binding plant to reduce wind erosion and its contribution to local particulate levels. b. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 55. All diesel engines used in construction equipment should use high pressure injectors and reformulated diesel fuel. 56. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit con- struction during Stage II alerts. 57. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 27 M: WPORTERMRPD9611RNALNOICC .RES.DOC /lil.l Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 28 58. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 59. The Subdivider /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 60. Equipment not in use for more than ten minutes should be turned off. 61. If any hazardous waste is encountered during the construc- tion of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 62. The Subdivider /Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 63. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 64. An As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 65. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 28 M. PPORTERMRPD961VINALNOICC .RES.DOC 000061 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 29 66. A final grading certification shall be submitted to and approved by the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 67. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 68. The Subdivider /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 69. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 70. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. Offer of Dedication and Maintenance Agreement 71. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement and execute a 'Maintenance Agreement' between Cal Trans and the City subject to approval of Cal Trans and the City, to ensure maintenance of the landscaping within the Cal Trans right - of -way to the City and execute for the purpose of maintaining all landscaping along Los Angeles Avenue. Prior to approval of the Final Map, the applicant shall 29 M: NPORTERMRPD961 IFINALNOICC.RES.DOC 000062 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 30 provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. FIRE DEPARTMENT CONDITIONS Vertical Clearance of Drivewa 1. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. On- street Parallel Parkin 2. Where two -way traffic and on- street parallel parking on both sides occur, a 36 foot street width shall be provided. Cul -de -sacs 3. Where a cul -de -sac serves 15 or fewer units and is less than 800 feet in length, a 32 foot street width shall be provided. Street Names 4. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center 30 M. IPPORTERIA4RPD9611FINALN01CC .RES.DOC 00+0063 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 31 for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Fire Hydrants 5. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of the hydrants. On plans, show existing hydrants within 300 feet of the development. Proposed hydrant is not acceptable. 6. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and one 2" inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. Fires P1nw 7. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided at this location. The applicant shall verify that the water purveyor can provide the required volume at the project. Review of Plans for Fire Lanes 8. Prior to construction the applicant shall submit two (2) site plans to the Fire District for review and approval of the location of the fire lanes. The fire lanes shall be in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 31 M: IPPORTERWPD961VINALNOICC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 32 Address Directory Maps 9. Address directory maps shall be provided at each entrance indicating all streets, driveways, building numbers, unit numbers, and any additional information that would assist in locating individual units. Directory maps shall meet the requirements of the Fire District and shall be submitted to the Fire Prevention Division for review and approval prior to map recordation. Address Numbers 10. Address numbers, a minimum of 4 inches high shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 11. A plan shall be submitted to the Fire District for review and approval indicating method in which buildings are to be identified by address numbers. Verification of Fire Flow 12. Prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. Assemblv Areas 13. Building plans of public assembly areas which have an occupant load of 50 or more, shall be submitted to the Fire District for review and approval. 14. Deleted Intentionally Grass and Brush Removal 15. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 32 M:IPPORTERVARPD9611F1NALN01 CC.RES.DOC 000065 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 33 Spark Arrestor 16. An approved spark arrestor shall be installed on the chimney of any structure(s). VCFD Form No. 126 17. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. WATERWORKS DISTRICT NO 1 CONDITIONS: 1. Subject property is not within the boundaries of Ventura County Waterworks District No. 1 for water and sewer service. The property will have to be annexed to the to the District prior to final map approval. Applicant shall be required to comply with the Ventura County Waterworks District No. 1 Rules and Regulations including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions, thereto, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. Approval of Residential Planned Development Permit No. 96 -1 subject to compliance with the following conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. Any change 33 MI PPORTERMRPD9611F1NALNOICC .RES.DOC 1111.. Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 34 from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. Requirement for Affordable Housinq Agreement 2. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Tentative Map approval. Use Inauguration 3. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period and the applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Modification to Permit 4. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. 34 M: IPPORTERLMRPD9611F INALNOiCC.RES.DOC 000067 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 35 Other Regulations 5. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the RPD zone and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. Graffiti Removal 6. The applicant or his successors and assigns, or the Homeowners' Association shall remove any graffiti within five (5) days from written notification from the City of Moorpark. All graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. Access Riahts 7. Prior to issuance of a Zoning Clearance for construction, the applicant shall dedicate all access rights over any access easements on private streets within the site in order to provide access for all governmental agencies providing the public safety, health and welfare services. Phasing 8. Any phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. Effect of Conditions 9. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severabilitv 10. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 35 M: IPPORTERWPD9611FINALNOICC .RES.DOC Iltl.: Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 36 Permittee Defense Costs 11. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Acceptance of Conditions 12. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Surety for Utilities 13. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage roads of the site. All utility lines that must connect across Los Angeles Avenue shall be placed underground via an underground conduit. Rain Gutters and Downspouts 14. Rain gutters and downspout shall be provided on all sides of the structure for all units where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 36 M: IPP0RTER0MRPD9611F1NALNOICC .RES.DOC 11 40 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 37 Roof Mounted Equipment 15. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. Exterior Lighting 16. Exterior front yard lighting within the development shall be limited to illumination of entryways and address identification. Excessively bright and /or unshielded front door lighting shall be prohibited. Dedication of Access Rights 17. The applicant shall dedicate all access rights over any access easements on private streets within the project site in order to provide access for all governmental agencies providing Municipal Code compliance, public safety, health and welfare services. Energy Saving Devices 18. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed 1.6 gallons); b. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; c. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected to the main space heating source shall have night set back features; e. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and f. Hot water solar panel stub -outs shall be provided. 37 M. PPORTER4MRPD9611FINALNOICC .RES.DOC 000070 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 38 Maintenance of Permit Area 19. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Archaeoloaical or Historical Finds 20. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. PRIOR TO ISSUANCE OF A GRADING PERMIT 21. The applicant shall indicate where the export of dirt from the site will be taken. If import dirt is to be brought to the site, the applicant shall state the number of cubic yards and location of the borrow site. The City shall approve the haul routes. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Dedication of Easement Adjacent to Maureen Lane 22. Prior to issuance of a Zoning Clearance for Construction, the applicant shall dedicate ten (10) feet adjacent to the homes adjacent to Maureen Lane as a permanent buffer area. Citywide Traffic Mitigation Fee 23. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its 38 M.- PPORTERVARPD961 %FINALN0ICC.RES.DOC 0000"71 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 39 sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the 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. Submittal of Landscape Plans 24. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan, together with specifications shall be submitted to the Director of Community Development. The plans shall conform to the following: e. Three sets of plans shall be submitted for each plan check. f. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. g. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. h. Unless otherwise specified in these project conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. i. A separate Maintenance Plan shall be prepared in accordance with the Approval/ Installation Verification standards described in the Ventura County Landscape Design Criteria. j. Unless otherwise specified in these project conditions, 39 M...A PPORTERVARPD96fVINALNOICC .RES.DOC 0000'72 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 40 the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. k. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. 1. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. The following notes shall be included on the plans and shall be project conditions: i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. iii. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. m. Unless otherwise approved, all open parking areas shall have fifty percent (500) shade coverage by broad leaf canopy shade tree. Shade coverage is defined as the maximum shade area created by a tree at fifty percent (50% at maturity). n. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. o. All backflow preventers, transformers, and other above- 40 M. PPORTERIMWPD9611F 1NALNOICC.RES.DOC 0000'73 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 41 grade utilities shall be appropriately screened with walls and /or plantings. p. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. q. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. r. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. s. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. t. A hedge, low wall, or mounding shall be constructed around the perimeter of the parking area to provide screening of the parking area from the surrounding streets. u. In the area of future buildings not under construction, turf and irrigation shall be installed. v. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from 41 M.,TPORTERIMIRPD9611F/NALN01 CC.RES.DOC 0000'74 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 42 another moving vehicle or pedestrian (PD). iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. V. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). vi. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. vii. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. viii. A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. ix. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. x. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. xi. The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. xii. Additional landscaping shall be added to the site to compensate for the dollar value loss of the existing trees to be removed from the site. 42 M: IPPORTERWPD9611FINALNOICC .RES.DOC 000075 S Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 43 xiii. The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Lost Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. xiv. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement and execute a 'Maintenance Agreement' between Cal Trans and the City subject to approval of Cal Trans and the City, to ensure maintenance of the landscaping within the Cal Trans right -of -way to the City and execute for the purpose of maintaining all landscaping along Los Angeles Avenue. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, 43 M. PPORTERUARPD9611FINALNOICC .RES.DOC 000076 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 44 but not the formation of, or annexation to a maintenance assessment district. Construction Access Plan 25. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Zoning Clearance 26. Prior to submittal of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an applicant desires, construction plans may be submitted to the Building and Safety Department with a City approved Hold Harmless Agreement. A zoning Clearance shall be obtained prior to initiation of any grading or construction activity. If the applicant desires, grading may be initiated upon obtaining a grading permit and providing a City approved "Hold Harmless Agreement ". Submittal of Construction Drawinqs 27. All final construction working drawings, grading and drainage plans, plot plans, final map (if requested by the Director of Community Development) , sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. Revisions to Plans 28. The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: a. The windows on all building elevations shall be provided with surrounds or other architectural features as approved by the Director of Community Development. b. All garage doors shall be of the roll -up sectional type and have automatic garage door openers. c. The recreational area shall contain a recreational 44 M. PPORTERIMiRPD961VINAdN01CC .RES.DOC 00007'7 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 45 building which shall include a shower and restroom facility as well as an exercise room. The outside facilities will include a pool (40'x75'), spa, tot lot and a recreational court. d. Entryways to the project and the walkway to the recreational areas shall include decorative stamped concrete or other decorative surface as approved by the Director of Community Development. e. No wood fences are permitted. The proposed wood fences shall be replaced with fences constructed of masonry or concrete products as approved of the Community Development Director. f. Plans for the tot lots shall be submitted. The type and design of equipment shall be of a commercial quality and is subject to the review and approval of the Director of Community Development. g. Lot Nos. 50, 51, 78, 79, 106, 107. 122 and 123 located on the east side of Street "C" shall be limited to one story residential units. h. All driveways to the residential units shall have a minimum of 19 feet long aprons. Trees 29. Any removal of trees and the method of tree replacement shall be approved by the Director of Community Development as part of the landscape plan submitted by the applicant. Outstanding Case Processinq Fees 30. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the RPD. 45 M. PPORTERMRPD9611 INAWOICC.RES.DOC 1111 : Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 46 Traffic Svstem Management Contribution 31. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,288.87 per unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Performance Bond 32. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Certificate of Deposit (CD)to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 60 days of issuance of a Certificate of Occupancy within a phase. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the deposit; however, the Certificate of Deposit must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. Vents and Metal Flashin 33. All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not facing the private street. Private Recreational Facilities 34. All private recreational facilities and tot lots, including the type of play equipment shall be subject to the review and approval of the Community Development Director. A six (6) foot high wrought iron fence with pilasters shall be 46 M: IPPORTERIMIRPD9611FINALN0ICC .RES.DOC 0000'79 Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 47 provided around the swimming pool area. All fences and walls shall be approved by the Director of Community Development. The height of the walls around the perimeter of the project shall be in substantial conformance with perimeter walls or fence details included in the project landscape plans. Sound attenuation referenced in any acoustical report prepared for the project shall be taken into account as necessary. All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of Community Development. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance around the development. 35. Solar panels for heating any swimming pool constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. Locked Gated Access to Flood Control Channel 36. The gated access to the flood control channel shall be locked at all times to prevent permanent access unless otherwise authorized in writing by the City. Garage Size 37. Individual garages shall be 20 feet in length and 20 interior height of 8 feet. Adjacent Property Walls and Fences a minimum inside dimensions of feet in width with a minimum 38. All property line garden walls or wrought iron fences shall be no further than one inch from the property line. Provision for Imaqe Conversion of Plans into Optical Format 39. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 47 M. IPPORTERLMRPD961WINALNOICC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 48 Cable Service 40. Television cable service shall be provided to all residential units consistent with existing cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Color of Exterior Building Materials 41. All exterior building materials and paint colors shall be those that were approved per the exhibits to the Department of Community Development. Asbestos 42. No asbestos pipe or construction materials shall be used. Public Nuisance 43. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Tree Removal Permit 44. The applicant shall obtain a Tree Removal Permit for any trees to be removed. As a condition of the Tree Removal Permit, the applicant shall provide an additional $10,700 worth of 24 inch box trees along the south and west property lines and other locations as approved by the Director of Community Development. This amount may be reduced by the amount of the value of any trees to remain. 48 M. iPPORTERMRPD9611F INALN0ICC.RES.DOC Conditions of Approval Residential Planned Development Vesting Tentative Tract Map No. Page 49 PRIOR TO THE ISSUANCE OF A CONDITIONS SHALL BE SATISFIED: Will Serve Letter Permit No. 96 -1 5053 BUILDING PERMIT, THE FOLLOWING 45. An "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Completion of Landscapina on Slopes and Front 46. Landscaping on slopes shall be completed prior to issuance of the first Zoning Clearance for Occupancy and the front yard landscaping shall be completed for each lot prior to it's occupancy. Payment of Fee for Crossing Guard 47. Prior to the issuance of the first occupancy, applicant shall pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent of the above costs). Enforcement of Vehicle Codes 48. Prior to Issuance of a Zoning Clearance for Construction, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. Acceptance of On -Site Improvements 49. No Final Inspection approval shall be granted prior to acceptance of site improvements such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc., or the applicant has provided sufficient security as approved by the Director of Community Development to guarantee completion of the improvements. Said on -site improvements shall be completed within 60 days 49 M.' PPORTERURPD961WNALN01CC.RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 50 of issuance of Final Inspection approval. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to satisfaction of the City, the City Council may reduce the amount of the surety. However, the surety must be kept in full effect for one year after initial occupancy to guarantee the items such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc. are maintained. 50. All related perimeter and garden walls shall be constructed prior to the issuance of a zoning clearance for occupancy. a. A slumpstone wall along the western property line adjacent to Maureen Lane shall be constructed at a minimum height of 7 1/2 feet with brick cap. The wall shall be completed prior to the issuance of a Zoning Clearance for construction of the residential units. b. A six (6) foot high wall and gate (for future access to the Arroyo) along the southerly property line shall be constructed. The bottom three (3) feet shall be constructed of slumpstone and the top three (3) feet shall be wrought iron. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE FOR RESIDENTIAL CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. The applicant shall have recorded Tract Map 5053. The Conditions of Approval for Tentative Tract Map 5053 shall apply to Residential Planned Development Permit No. 96 -1 MOORPARK POLICE DEPARTMENT CONDITIONS Construction site securitv: 1. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence shall be erected around the construction site. 2. Construction equipment, tools, etc. shall be properly 50 MI PPORTERMRPD961FINALNOICC .RES.DOC MEMW Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 51 secured to prevent theft during non - working hours. 3. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured to prevent theft prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. All building material shall be properly secured to prevent theft. 4. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. Lighting: 5. Parkways shall be well lighted with a minimum maintained one foot candle of lighting at ground level. 6. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 7. Lighting devices shall be high enough to eliminate anyone on the ground from tampering with them. Landscaping: 8. Landscaping shall not cover any exterior door or window. 9. Landscaping at entrances /exits or at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 10. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. Building access and visibility: 11. Address Numbers shall be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to designation. 12. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 51 M. PPORTERIMIRPD9611FINALNOICC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 52 Fences: 13. Fences or fencing gates on side yards should be constructed of wrought iron spaced at 4" on center. This will allow for detection of intruders by neighbors. 14. Parking shall be prohibited in areas of driveways other than in designated parking spaces in front of garages, or other designated spaces. Security requirements: Requirements for Locks. 15. Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development, constructed under the same development plan, shall have locks using combinations which are interchange -free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. Frames. Jambs, Strikes and Hinqes. 16. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Garage -type Doors. 17. All garage doors shall conform to the following standards: * Wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. * Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. 52 M: WPORTER6MRPD9611F INALNOICC.RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 53 * V4 lass doors shall ha e a t d t erg v p ne f s a minimum ensi y o six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five (5) ounces per square foot. * Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. * Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: b. Two lock- receiving points, or one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; c. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. d. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. * Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. * Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 inch into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non - removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. * Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at head and toe and a minimum five pin tumbler operation with non - removable key when in 53 M: IPPORTERbMRPD961TINALN01CC .RES.DOC Illi:. Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 54 an unlocked position. Padlock(s) used with interior mounted slide bolts(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. Special Buildinq Provisions - Residential. 18. Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows: a. All wood doors shall be of solid core construction with a minimum thickness of 1 -3/4 inches, or with panels not less than 9/16 inch thick. b. A single or double door shall be equipped with a single cylinder dead bolt lock. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The dead bolt shall have an embedment of at least 3/4 inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. A dual locking mechanism constructed so that both dead bolt and latch can be retracted by a single action of the inside door knob, or lever, may be substituted, provided it meets all other specifications for locking devices. c. Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6 ") inches on each side of the strike. d. Door stops on wooden jambs for in swinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected as to prevent the violation of the strike. e. The strike plate for dead bolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached 54 M. PPORTERMRPD96lkFINALN0ICC .RES.DOC '1111: Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 55 f. Hinges for out - swinging doors shall be equipped with non - removable hinge pins or a mechanical interlock to prevent removal of the hinge pins from the exterior of the door. g. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. h. Glazing in exterior doors or within 12 inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing. i. Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle (180 degree) door viewer not to be mounted more than 58 inches from the bottom of the door. 19. Street numbers and other identifying data shall be displayed as follows: a. All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. Dwellings shall have these numerals illuminated during the hours of darkness. b. There shall be positioned at each entrance of a single family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and /or pedestrian traffic. 20. Lighting in single family dwellings shall be as follows: a. Aisles, passageways and recesses the building complex shall be intensity of at least twenty -five foot candles at the ground level 55 related to and within illuminated with an one hundredths (.25) during the hours of M., PPORTERIMIRPD961TINALN01CC .RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 56 darkness. Lighting devices shall be protected by weather and vandalism resistant covers. b. Open parking lots and carports shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. WATERWORKS DISTRICT NO 1 CONDITION: * Applicant for service shall comply with the Ventura Count Waterworks District No. 1 Rules and Regulations. FIRE DEPARTMENT CONDITION: * The Conditions of Approval for Tentative Tract Map No. 5053 shall apply to Residential Planned Development Permit No. 96 -1. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 1. Applicant shall pay the current developer fee as determined by the Moorpark Unified School District. 2. The applicant shall establish a safe student pedestrian thoroughfare. AIR POLLUTION CONTROL DISTRICT CONDITIONS 1. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie., greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 2. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114 (b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 3. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 56 M. PPORTER6MRPD9611F1NALNOICC .RES.DOC 1111:• Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 57 4. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 5. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 6. On -site vehicle speeds shall not exceed 15 miles per hour. 7. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. 8. Face masks are to be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus that causes San Joaquin Valley Fever. Dust also acts as a lung irritant and can cause lung damage. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD 1. All connections to the Arroyo Simi shall be subject to review, approval and permitting by the VCFCD. The development shall limit the discharge to the Arroyo Simi to a 10 -year flow rate. There shall be no discharge from the development to the Shasta Drain. Deed restrictions shall be placed on the property to ensure maintenance of storm drainage facilities discharging to the Arroyo Simi. 2. The development shall be undertaken in accordance with the conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. Any existing or proposed drain connections to VCFCD jurisdictional facilities will require application of appropriate Best Management Practices (BMPs) such as filters, landscape areas for filtration, and /or basins installed to treat stormwater runoff prior to its discharge to the storm drain system. The project construction plans shall incorporate the BMPs applicable to the development for the review and approval of VCFCD. 3. The proposed flood control right -of -way shall be dedicated in fee to the VCFCD. 57 M. PPORTERWPD96IONALNOICC.RES.DOC Conditions of Approval Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 58 4. Drainage shall be installed along the proposed right -of -way to collect and direct flow to a single discharge point. 5. A hydrology and hydraulic report is required to analyze the impact of the development on the capacity of the Arroyo Simi. A channel stability study should also be included in the report. Channel improvements may be required to improve the Arroyo's existing condition, and to mitigate the impact of the development. 6. An Encroachment Permit is required for any improvement in the District's right -of -way. 7. The project is subject to the requirements and the mitigation measures of the Countywide Stormwater Quality Management Program. All necessary facilities to treat the entire first flush stormwater pollutant load from the site must be provided prior to discharge to VCFCD channel. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITION * Prior to issuance of a Building Permit to the recreation area of the project, the applicant shall obtain plan check approval of the swimming pool from the County of Ventura Environmental Health Division. 58 M..A PPORTERVARPD961VINALNOICC .RES.DOC 000091 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 59 MITIGATION MONITORING PROGRAM FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 AND TENTATIVE TRACT MAP NO. 5053 Geoloqic Mitiqation • The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. • Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. • The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. Monitoring The City Engineer will assure that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 59 M., PPORTERUMRPD9611F INALNOICC.RES.DOC D111" City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 60 Water Mitigation Storm Water Runoff and Flood Control Planning The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: • Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: • All storm drains shall carry a 50 -year frequency storm; • All catch basins shall carry a 50 -year storm; • All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; • All culverts shall carry a 100 -year frequency storm; • Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; • Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a 60 M:" PPORTERMRPD9611FINALN01CC .RES.DOC 000093 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 61 minimum of one dry travel lane in each direction. • Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; • All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; • If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. • All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. • Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. • Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. • The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: • Adequate protection from a 100 -year frequency storm • Feasible access during a 50 -year frequency storm. 61 M.. 1PPORTERNNiPD961WINALNOICC .RES.DOC 1 �- City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 62 • Hydrology calculations shall be per current Ventura County Standards. • The proposed placement of the ten (10) foot wide storm drain by the Ventura County Flood Control District that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. National Pollutant Discharge Elimination System ( NPDES • Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. • The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. • Development shall be undertaken in accordance with conditions and requirements of the Ventura Countrywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. • The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. • All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" • Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. • Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall 62 M. IPPORTERM RPD9611FINALNOICC.RES.DOC 000ass City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 63 comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP) • The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. • The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. • Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. • City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. All materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. • All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. • The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as 63 M:' PPORTERWPD9611FINA1NOICC .RES.DOC 111.1•, City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 64 conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. • The following requirements shall be included in the CC &R's • All property areas shall be maintained free of litter /debris. • All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. • Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive- throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. • All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. • Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. • Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no 64 M: IPPORTERIMRPD961VINALNOICC .RES.DOC 00009'7 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 65 drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. Air Quality Mitigation According to the County of Ventura Guidelines for the Preparation of Air Quality Impact Analysis, the project can be mitigated by paying a contribution to the TSM fund for a three year period for each pound over the 25 pound per day threshold for the first year and then providing for an increase of 4% for each of the remaining two years. Therefore a conditions has been placed on the project requiring that a contribution be paid in the amount of $1,288.87 for each of the residential units prior to the issuance of a Zoning Clearance for construction. Monitoring The City Engineer will assure that the drainage plans are approved prior to development of the property. Transportation Mitigation Street Improvement Requirements • The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by Registered Civil Engineer; shall enter into an agreement with, the City of Moorpark, to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the Ventura County Road Standards (most recent version). • The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 65 M. PPORTERIMIRPD9611 INALNOICC.RES.DOC City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 66 Los Angeles Avenue • The street right -of -way plan shall provide for a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. • Entrance curb returns shall be 45 foot radius. • The entrance at West Street shall be posted "No Trucks ". Other Streets • Prior to final map approval, the Developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City manager, the developer would not have to pay the AOC fee. • Prior to recordation of the Final Map, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units. Monitori Prior to recordation of the Final Map and /or occupancy, the Department of Community Development and the City Engineer will ensure that the conditions have been satisfied. 66 M: WPORTERWPD9611RNALNOICC.RES.DOC 1111" City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 67 PASSED, APPROVED, AND ADOPTED THIS DAY OF JUNE, 1999 ATTEST: Deborah S. Traffenstedt City Clerk Patrick Hunter, Mayor 67 M. PPORTERMRPD9611FINAW0ICC .RES.DOC 000100 ORDINANCE NO. 256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO.96 -2 TO CHANGE THE ZONING DESIGNATION ON UNDEVELOPED LAND LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, OPPOSITE SHASTA AND GOLDMAN AVENUES (APN. 506 -0 -03 -135, 145, 155, 165 AND 185) FROM RESIDENTIAL PLANNED DEVELOPMENT (RPD) 13 AND 5.3 UNITS PER ACRE TO RPD 7 UNITS PER ACRE ON THE APPLICATION OF PACIFIC COMMUNITIES WHEREAS, at a duly noticed public hearing on December 2 and 16, 1998 and March 3, and June 2, 1999, the City Council considered the application filed by Pacific Communities for approval of Zone Change No. 96 -2 for a change in the zoning designation on the property from Residential Planned Development (RPD) 13 and 5.3 units per acre to RPD 7 units per acre; and WHEREAS, at its meeting of December 2, 1998 and March 3, 1999, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on June 2, 1999; and WHEREAS, the City Council, after review and consideration of the information contained in the staff reports and testimony, has made a decision in the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has determined that the Mitigated Negative Declaration /Initial Study for the Zone Change is complete, has been prepared in compliance in CEQA and City policy, and the contents in the Mitigated Negative Declaration /Initial Study have been considered in the decisions on the proposed Zone Change. SECTION 2. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval.. SECTION 3. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed Zone Change. SECTION 4. The City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Program. SECTION 5. The City Council has determined that the impacts for the proposed Zone Change would not have a significant adverse effect on the environment. ATTACHMENT C 000101, Ordinance No. 256 Page 2 SECTION 6. The City Council hereby finds that the proposed Zone Change will be in conformance with the City's General Plan with the adoption of a Resolution approving General Plan Amendment 96 -1 and City Municipal Code, including Title 17, Zoning. SECTION 7. The City Council hereby finds that approval of this Zone Change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for those reasons it is appropriate to reclassify the property to RPD 7 as it would provide a suitable location for single- family residential dwellings. SECTION 8. The City Council hereby approves Zone Change No. 96 -2 changing the zoning designation on the property from RPD 13 and 5.3 units per acre to RPD 7 units per acre. SECTION 9. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved Zone Change consistent with attached Exhibit "A ". SECTION 10. This Ordinance shall not become effective until the date that the ordinance adopting a Development Agreement between the City and the Developer shall become effective. SECTION 11. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 12. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 13. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute order of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, 000102 Ordinance No. 256 Page 3 a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1999. ATTEST: Deborah S. Traffenstedt, City Clerk City Clerk Attachment: Exhibit A Patrick Hunter, Mayor 000103 r FA ZONE CHANGE 96 -2 EXHIBIT A I 000104 ORDINANCE NO. 257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND PACIFIC COMMUNITIES WHEREAS, at a duly noticed public hearing on December 2 and 16 1998, and March 3 and June 2, 1999, the City Council considered the application filed by Pacific Communities for the following projects on land located on the south side of Los Angeles Avenue, opposite Shasta and Goldman Avenues, (Assessor Parcel Nos. 506 -0 -03 -135, 145, 155, 165 and 185): General Plan Amendment No. 96 -1 - for a change in the Land Use Designation of the Land Use Element of the General Plan from High (H) Density Residential, 7 DU /Acre maximum and Very High (VH), 15DU /Acre Maximum, to High Density Residential (H). Zone Change No. 96 -2 - for a change in the zoning designation on the property from Residential Planned Development (RPD) 13u and 5.3u to RPD 7.0u. Vesting Tentative Tract Map No. 5053 - for a subdivision of an existing 35.23 gross acres into 247 residential lots. Residential Planned Development Permit No. 96 -1 - for approval of a Residential Planned Development Permit consisting of 247 residential dwelling units. WHEREAS, at a duly noticed hearing on December 16, 1998, March 3 and June 2, 1999, the City Counci considered Development Agreement No. 98 -2 - The Development Agreement provides a provision for the Developer to provide affordable housing units. The Development Agreement also specifies the Affordable Housing provisions and other Developer Agreement items such as financial contributions to the City; and WHEREAS, The City Council on June 2, 1999, determined that the proposed Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area, provides for on -site affordable housing units, the potential environmental impacts relating to this project have already been addressed by the Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program prepared for General Plan Amendment 96 -1, Zone Change 96 -2, Vesting Tentative Tract Map 5053 and Residential Planned Development Permit No. 96 -1. ATTACHMENT D 000105 Ordinance No. 257 Page 2 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN 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 owner of the property covered by General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract Map No. 5053, and Residential Planned Development Permit No. 96 -1 have applied to the City of Moorpark to seek a Development Agreement between the City and said owner pursuant to Chapter 15.40 of the Moorpark Municipal Code. (3) The Planning Commission of the City of Moorpark at a duly noticed public hearing on November 16, 1998 reviewed the Development Agreement at the request of the City Council, and has made recommendations in Resolution PC -98 -361 to the City Council pertaining to the approval of the Development Agreement. (4) The City Council has received Planning Commission Resolution PC -98 -361 and has considered the Planning Commission evaluation and recommendations for approval of the Development Agreement between the City and Pacific Communities. (5) A duly noticed public hearing was conducted by the City Council on December 2 and 16, 1998 to consider the Development Agreements and to accept public testimony related thereto. (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) 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. 000106 Ordinance No. 257 Page 3 (9) The City Council has determined that the proposed Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area and affordable housing to families, the potential environmental impacts relating to this project have been addressed by the Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program prepared for General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract Map 5053, and Residential Planned Development Permit No. 96 -1. SECTION 2. Adoption (1) 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 Pacific Communities. (2) The Mayor and City Manager are authorized to execute and sign the final Development Agreement and any covenants necessary to effect the agreement. (3) 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 General Plan Amendment 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract Map No. 5053 and Residential Planned Development Permit No. 96 -1. (4) The Agreement shall become operative and run for the term specified within the agreement. SECTION 3. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. 000107 Ordinance No. 257 Page 4 SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment A: Development Agreement between the City and Pacific Communities 111 f: PACCOMDA.2.6 Recording Requested By And When Recorded Return 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 MP GROUP, LLC RELATING TO CORTE BELLO THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 -1- 000109 PACCOMDA.2.6 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and MP GROUP, LLC, a California Limited Liability Company (referred to hereinafter as "Developer "). City and Developer 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 Developer 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 the City in order to establish certainty in the development process. 1.2. [INTENTIONALLY LEFT BLANK] 1.3. Developer is owner in fee simple of certain real property in the City of Moorpark, consisting of approximately thirty -five (35) acres located at 850 Los Angeles Avenue, just west of Liberty Bell Road, as more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference (the "Property "). 1.4. City has approved, or is in the process of approving, General Plan Amendment No. 96 -1 ( "GP "), Zone Change No. 96 -2 ( "ZC "), Vesting Tentative Tract Map No. 5053 ("VTTM"), and Residential Planned Development Permit No. 96 -1 ("RPD"). Implementation of these land use entitlements is subject to a mitigation monitoring program that was approved by City on June 2, 1999(the "Mitigation Monitoring Program "). (The GP, ZC, VTTM, RPD and Mitigation Monitoring Program are collectively referred to as the "Project Approvals ".) The Project Approvals authorize a residential development commonly known as "Corte Bello ", consisting of 247 detached single family dwelling units on the Property (the "Project "). 1.5. [INTENTIONALLY LEFT BLANK] -2- 000110 PACCOMDA.2.6 1.6. By this Agreement, City desires to obtain the binding agreement of Developer 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, Developer desires 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, 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 Developer 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 General Plan Amendment No. 96 -1. 1.9. On November 9, 1998, and November 23, 1998, the Planning Commission of City commenced a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended approval of the Agreement. 1.10 On March 3, 1999 the City Council considered the Project and referred it to the Planning Commission for further review. The Planning Commission reviewed the Project on May 24, 1999 and forwarded its recommendations to the City Council. 1.11 On March 17, 1999 the Moorpark City Council agreed to consider a General Plan Amendment for certain real property consisting of approximately five (5) acres located west of Liberty Bell Road (Liberty Bell Road Property) and as more specifically described by the legal description set forth in Exhibit B, which exhibit is attached hereto and incorporated herein by this reference. In the event the Moorpark City Council approves a General Plan Amendment for Developer or CLP Investment, LLC, a California Limited Liability Company (CLP) but not for anyone else for the Liberty Bell Road Property for a residential land use designation of either Medium or High with accompanying Residential Planned Development zoning, Residential Planned Development Permit and Tract Map, the affordable housing obligation shall be fifteen percent (15 %) of the approved dwelling units to be sold to -3- 0001,11 PACCOMDA.2.6 persons /families at the moderate income level. The size of the dwelling units for the referenced dwelling units shall be no less than seventy five percent (75 %) of the average size of the other dwelling units approved by the City for the Liberty Bell Road Property. The sale of the referenced dwelling units shall be subject to the applicable provisions of the Affordable Housing Implementation and Resale Restriction Plan referenced in Section 6.10 of this Agreement relative to resale and other provisions as determined by City at its sole discretion so that City may require a portion of the difference between the then market sales price and the actual sale amount be paid to the City at the time the original purchaser sells the dwelling unit. 1.12 On December 2, 1998 , the City Council of City ( "City Council ") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing approved the Agreement by Ordinance No. 257 ( "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 Effect. 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" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" 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. 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 the 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 the 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 XIM 000112 4 5 PACCOMUA.2.6 not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivers 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. Development of the Property. 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 "). 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. 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 -5- 0001:L3 PACCOMOA.2.6 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 Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its 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 Developer timely provides all infrastructure required by the Project Approvals and this Agreement. 5.2. Amendment of Project the Project Approva: the City Council referendum process, Property, unless the the amendment. Approvals. No amendment of any of Ls, whether adopted or approved by or through the initiative or shall apply to any portion of the Developer has agreed in writing to 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps other than vesting Tentative Tract Map N0. 5053(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, 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. 000114 PACCOMDA.2.6 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 Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, the 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. 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 Project Approvals 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; _7_ 000115 PACCOMOA.2.6 (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) modifies the land use from what is permitted by the General Plan Land Use Element at the date the Enabling Ordinance is adopted or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Modification Of Approvals. Throughout the term of this Agreement, the 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. 5.5. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from the Developer if all infrastructure required by Project Approvals 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 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. 5.6. 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, 000116 PACCOMDA.2.6 including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. The Developer shall comply with (i) this Agreement, (ii) the Project Approvals, and (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. 6.2. [INTENTIONALLY LEFT BLANK] 6.3. [INTENTIONALLY LEFT BLANK] 6.4. The fee in lieu of park land dedication pursuant to the City's Subdivision Ordinance requirements (adopted by Ordinance No. 6) shall be paid prior to the recordation of each phase of the final tract map. The fee shall be calculated pursuant to the City's Subdivision Ordinance requirements but shall be no less than twenty five hundred dollars ($2,500.00) for each residential lot for all lots including those designated for Affordable Housing Units. 6.5. As a condition of the issuance of a building permit for each dwelling unit within the boundaries of the Property, 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 operative date of this Agreement, the amount of the Development Fee shall be two thousand five hundred dollars ($2,500.00). The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Project) 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 unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered 000111V PACCOMDA.2.6 discretion. On the effective date of this Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the 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. Any Citywide Traffic Fee still due at the time the City, Caltrans, private developer with City's approval, or any other public or private entity awards a contract to construct an underground rail crossing west of Gabbert Road, shall be paid at the then applicable rate, within ninety (90) days of said contract award. 6.7. On the operative date of this Agreement Developer shall pay all outstanding City processing and environmental processing costs related to the project and preparation of this Agreement. 6.8. Developer hereby waives any right it may have under California Government Code Section 65915 et. Seq., or any successor thereto, or any 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 for this project. 6.9. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway 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 obligate the property owners association to provide for maintenance of parkway landscaping and street lighting 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. 6.10. Developer shall provide eleven (11)three (3) bedroom units at approximately 1,027 square feet and eleven (11) four (4) bedroom units at approximately 1,131 square feet to be sold to buyers who meet the criteria -10- 000118 PACCOMDA.2.6 for low income (80% of median income) . The initial sales price, buyer eligibility, resale restrictions, respective role of City and Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first final Tract Map for this project. In addition, in lieu of constructing the fifteen (15) Very Low Income Affordable Housing Units, Developer shall pay a fee of Sixty Thousand Dollars ($60,000) each, or a total of Nine Hundred Thousand Dollars ($900,000) to the City (In -Lieu Fee) which shall be used by the City at its sole discretion for the purpose of providing housing affordable to very - low, low, or moderate income households. A pro -rata portion of the In -Lieu Fee in the amount of Three Thousand Six Hundred Forty Three Dollars and Seventy Three cents ($3,643.77) shall be paid prior to issuance of the building permit for each dwelling unit in the Project. 6.11. 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. 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. Developer further agrees to not protest these fees as may be authorized by Section 66000, et. Seq. of the California Government Code or any other applicable state or federal law. 6.12 Within thirty (30) days of the Effective Date of this Agreement, Developer shall deposit One Hundred Thousand Dollars ($100,000.00) (Deposit) with the City for the purpose of managing and coordinating (Project Management) the widening of Los Angeles Avenue (SR 118) to three (3) travel lanes in each direction between Moorpark Avenue and Spring Road (Widening Project). City shall at its sole and unfettered discretion retain one or more private consultants to provide Project Management. Project Management shall include but not be limited to coordination with City, Caltrans, and other public agencies and private utilities, preparation of Caltrans Project Study Report (PSR) and Project Report (PR), preparation of conceptual design alternatives and acquisition of any necessary rights- _11- 000119 PACCOMDA.2.6 of -way, except that it shall not include preparation of final design plans and specifications and construction administration and inspection. Any portion of the Deposit remaining after completion of Project Management shall be returned without interest to Developer within ninety (90) days after completion of said Project Management. 7. City Agreements. 7.1. City shall process in an expedited manner to the extent possible all plan checking, excavation, grading, building, encroachment and street improvement permits, certificates of occupancy, utility connection authorizations, and other ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project. 7.2. City agrees that units reserved for and sold to low income buyers shall not be subject to air quality (Traffic System Management) fees. 7.3 City agrees to condition Vesting Tentative Tract Map No. 5053 to expire ten (10) years after its approval or conditional approval, or upon expiration or earlier termination of this Agreement, whichever occurs first. 7.4. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the 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. 7.5. City shall allow construction of one or more model homes prior to City Council approval of a final subdivision map for the VTTM. 7.6. City shall allow recordation of final maps for the VTTM in phases. 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 -12- 000120 PACCOMDA.2.6 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 the Developer 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 the Developer 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 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. The Developer shall be deemed to have breached this Agreement 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 -13- 000121. PACCOMOA.2.6 (c) fails to make any payments required under this Agreement; or (d) materially breaches any of the other 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 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 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 shall be deemed given on the date that it is personally delivered or on the third day following the day after 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. -14- 000122 PACCOMDA.2.6 The remedies for breach of the Agreement by the Developer shall be injunctive relief and /or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsection 6.9 or 6.10 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 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 the Developer if it violates any City ordinance or state statute. 12. Mortgage Protection. At the same time that City gives notice to the Developer of a breach, 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 "), 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 the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and -15- 000123 PACCOMDA.2.6 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 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 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 by mutual consent of City and the Developer. 16. Indemnification. The 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, the 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, or the Project Approvals, or any Subsequent Approvals. 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 the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. -16- 000124 PACCOMDA.2.6 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) 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) 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 "C" 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. -17- 000125 PACCOMDA.2.6 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 the other Party 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 Developer, 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 No. 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. 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. 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 000126 PACCOMDA.2.6 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. Attorneys' fees under this section shall include attorneys' fees on any appeal and any post - judgment proceedings to enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 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. IN WITNESS WHEREOF, MP Group, LLC and City of Moorpark have executed this Development Agreement on -19- CITY OF MOORPARK By: Patrick Hunter Mayor ATTEST Deborah S. Traffenstedt City Clerk MP GROUP, LLC By: Nelson Chung President 000127 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Nos. 506 - 030 -135, -145, -155, -165, and -180. PACCOMDA.2.6 000128 EXHIBIT B LEGAL DESCRIPTION THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE NORTHEASTERLY CORNER OF SAID LOT K: THENCE, 1ST SOUTH 00 002'05" WEST 1018.38 FEET; AT 30 FEET A 4X4 POST WITH BOLT AND WASHER IN THE CENTER; AT 1018.38 FEET A 1 -INCH PIPE MARKED WITH METAL TAG STAMPED L.S. 1842 SET ON THE SOUTHEASTERLY CORNER OF SAID LOT K; THENCE, 2`'1D NORTH 65 054132" WEST 16.43 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO THE TRUE POINT OF BEGINNING; THENCE, 3RD NORTH 65 054'32" WEST 438.04 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO A 1 -INCH PIPE MARKED WITH A METAL TAG STAMPED L.S. 1842; THENCE, 4TH NORTH 00 002'05" EAST 442.21 FEET; THENCE, 5TH NORTH 89 057'10" WEST 384.62 FEET TO AN INTERSECTION OF THE WESTERLY LINE OF DEED RECORDED MAY 4, 1993, AS DOCUMENTED NO. 93- 079362 OF OFFICIAL RECORDS; THENCE, 6TH SOUTH 02 000'49" EAST 14.54 FEET; THENCE, 7TH SOUTH 89 046'09" EAST 7.03 FEET; THENCE, 8TH SOUTH 04 028127" EAST 99.64 FEET; THENCE, 9TH SOUTH 02 000'05" WEST 506.85 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE EASTERLY 15 FEET, AS DESCRIBED IN THE DEED TO CALIFORNIA RANCH COMPANY, RECORDED IN BOOK 155, PAGE 31 OF DEEDS. ALSO EXCEPT THAT CERTAIN LAND CONVEYED TO THE CITY OF MOORPARK, FOR PUBLIC ROAD PURPOSES BY DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93- 079362 OF OFFICIAL RECORDS. PACCOMDA.2.6 000129 EXHIBIT C To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: MP Group LLC C/o Pacific Communities Builder, Inc. 1000 Dove Street, Suite 100 Newport Beach, CA 92660 Attn. Nelson Chung 000130