HomeMy WebLinkAboutAGENDA REPORT 1999 0915 CC REG ITEM 09ATO:
FROM:
DATE:
CITY OF MOORPARK
AGENDA REPORT
Honorable City Council
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CiTV OF I- +OMIT VP RK, CALIFORNIA
Cif Catincil bteeting
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ACTION:AdUated NO, 99-1 554;
BY: �� i'� �'r%z —' r.--
Wayne Loftus, Acting Director of Community Development
Prepared by: John Libiez, Principal Planner /Advance
September 2, 1999 (CC meeting 9/15/99)
SUBJECT: Consider Approval of General Plan Amendment No. 95 -2;
Specific Plan 95 -2 /Specific Plan No. 2; Zone Change
No. 95 -4; Development Agreement No. 98 -01; Mitigation
Monitoring Program; Statement of Overriding
Considerations; Applicant: Morrison- Fountainwood-
Agoura, Moorpark Highlands Specific Plan.
BACKGROUND
The formal application by Morrison /Fountainwood /Agoura for the
Specific Plan No. 2 project was deemed complete on October 20,
1997. EDAW, the selected consultant, began preparing the Draft
EIR and Specific Plan shortly thereafter. The preliminary
Specific Plan and the Draft EIR were presented at a joint City
Council /Planning Commission public workshop on September 23,
1998. Planning Commission initiated public hearings on the
Specific Plan and the EIR on November 23, 1998. Commission held
additional public hearings on November 30, and December 14,
1998. Planning Commission adopted Resolution PC -98 -362
recommending certification of the EIR, approval of General Plan
Amendment No. 95 -2, Specific Plan No. 95 -2, and Zone Change No.
95 -4 on December 14, 1998, and forwarded its recommendation to
the City Council for consideration.
City Council began consideration of the Specific Plan No. 2
project at public hearing on January 20, 1999, and continued
consideration to February 3, March 3, March 17, April 21, June
16, July 7, August 18, and September 1, 1999. City Council
certified the EIR for the project on April 21, 1999. On August
18, 1999, Council directed that the Development Agreement (DA-
98-01) for the project be forwarded to the Planning Commission
for consideration and recommendation. Planning Commission
considered the Development Agreement at a public hearing on
M:\ JLibiez\ M\ SP2\ 91599AdoptionSP2totalproject .doc 000001
City Council Agenda Report
Specific Plan No. 2 Adoption
September 15, 1999
Page 2
August 30, 1999, and adopted Resolution PC -99 -382 recommending
adoption of Development Agreement No. 98 -01 to the City Council.
The application components that were applied for and considered
throughout the public review process are as follows:
General Plan Amendment No. 95 -2 :
General Plan Amendment No. 95 -2 involves the following
amendments to the Land Use Element and Circulation Element of
the General Plan.
1. Amend the 1992 Land Use Element of the General Plan by
removing overlay designations affecting the Specific Plan
No.2 site. Current designation for the properties are
Specific Plan with an overlay of Open Space 1 and Rural Low
Density. With approval of a specific plan, permitted
development under the current designation is limited to 475
dwelling units on 445 acres with 7 acres of Institutional
use also specified. Based on provisions of the General
Plan, a maximum of 712 dwelling units could be achieved if
the property owner agrees to provide public improvements,
public services, and /or financial contributions that the
City Council determines is of substantial benefit to the
community. The proposed plan seeks to permit 652 dwelling
units on 445 acres, and could comply with the description
of Specific Plan No. 2 of the adopted General Plan Land Use
Element (1992) found on page 30 through 32, subject to
appropriate findings.
2. Amend the Circulation Element (1992) Figures 2, 3, and 4.
to:
(a.) Extend Spring Road from its current terminus at
Charles Street to intersect with Walnut Canyon Road;
(b.) Redesignate "C" Street within the plan to connect from
Spring Road to the easterly boundary of the project
adjacent to Happy Camp Canyon and in alignment to a
proposed road from properties to the east (Specific
Plan No.8, Hidden Creek Ranch) of the project site;
(c.) Designate the Spring Road extension and Street "C" as
Four -Lane Arterial roadways;
(d.) Designate bikeways within the Specific Plan area; and,
(e.) Designate equestrian trails within the Specific Plan
area.
(f.) Delete the "D" Street proposed alignment.
000002
City Council Agenda Report
Specific Plan No. 2 Adoption
September 15, 1999
Page 3
Zone Change No. 95 -4:
Amend the City Zoning Map by rezoning the subject property from
R -1 (Single Family Residential), RE -5 (Rural Exclusive -5 acre
lot) and RA -10 (Rural Agricultural -10 acre lots) to SP (Specific
Plan Zone) ; and, amend Title 17 of the Moorpark Municipal Code
to adopt development standards contained within the Specific
Plan as Chapter 17.74 within the Zoning Code of the City.
Specific Plan No. 95 -2 (SP -2) :
Specific Plan No. 95 -2 proposes development of a mix of 532
single family detached residential units, 120 multiple family
residential units of which 65 will be affordable rental housing
units, 11 acres of park land, 94 acres of habitat conservation
property, a 20 acre middle school site, right -of -way
reservations for the SR118 and SR23 extensions, and 175 acres of
open space lands on a 445 acre consolidated parcel of land. The
bulk of the project development would occur in the upper two -
thirds of the site, above the proposed SR118 alignment. The Plan
incorporates design guidelines and development standards for the
project area.
DISCUSSION
Should City Council choose to approve the project in its
entirety the attachments to this staff report include the
appropriate Ordinance and Resolution to effect adoption.
Council may wish to adopt the ordinance to first reading at this
meeting, and delay adoption of the resolution until second
reading of the required ordinance at the City Council meeting of
October 6, 1999.
Over the course of public review and discussion with the
applicant, amendments and changes to the project have evolved.
As of this hearing date the application components for
consideration are as follows:
General Plan Amendment No. 95 -2 :
No change from original application.
Zone Change No. 95 -4:
No change from original application.
Specific Plan No. 95 -2 (SP -2) :
The Moorpark Highlands Specific Plan (SP -2) was modified through
the public review and hearing process. In June, 1999, a revised
plan was issued by the applicant in response to City Council and
�11111
City Council Agenda Report
Specific Plan No. 2 Adoption
September 15, 1999
Page 4
citizen input and became the Council preferred plan. The
revised plan: 1) relocated the 22 acre school site, 2) relocated
a 7 acre public park, 3)added large lot developments (10,000 and
30,000 square feet), 4)provided for Class 1 bicycle paths,
5)provided development standards for the revised residential
areas, 6) defined the on -site affordable housing component, and
7) reduced the proposed dwelling units from 652 to 598.
Subsequently, the negotiations for Development Agreement No. 98-
01 reduced the proposed total dwelling units to 570 with 25 on-
site "for sale" affordable units and included provisions for
financial contribution to assist the City with its affordable
housing program. At the September 1, 1999 City Council meeting,
City Council directed that Spring Road be constructed to a full
four lane configuration with appropriate turn lanes and signal
installation within the 104 foot arterial right -of -way proposed
by the Specific Plan. Spring Road will connect to Walnut Canyon
Road in a gentle transitional curve design with southbound
Walnut Canyon Road forming a "T" intersection with Spring Road.
Staff was also directed to review potential Specific Plan text
changes to reflect flexibility in the size of the school site
and related changes to the park site and numbers of residential
units possible on Planning Area 5. The City Manager met with
the School District Superintendent on September 9, 1999. The
District is satisfied with leaving the land use for the school
site as it is currently designated within Specific Plan No. 2.
With regard to the changes to the "project" since its inception
Section 15088.5 of the California Environmental Quality Act
(CEQA) Guidelines requires lead agencies to re- circulate an
environmental impact report with appropriate notice whenever new
information is added to an EIR after the original notice but
prior to certification of the EIR. "New information" includes
such things as: 1)creating a new impact or more severe impact
from a mitigation measure proposed to be implemented; 2)
substantial increase in severity of an impact would occur unless
mitigation measures are adopted to reduce the impact to a level
of insignificance; 3) a project proponent refuses to adopt a
mitigation measure or project alternative that could reduce
impacts of the project; or, 4) the draft EIR is so fundamentally
and basically inadequate and conclusory in nature that
meaningful public review and comment were precluded.
It was City Council's determination that amendments directed in
February, 1999, and incorporated by the June, 1999, Draft
Specific Plan did not require re- circulation of the project EIR
0000 ®^r1
City Council Agenda Report
Specific Plan No. 2 Adoption
September 15, 1999
Page 5
as the changes were adequately considered by the alternatives
evaluated by the Draft EIR. The EIR was certified on April 21,
1999. Changes since the Certification of the Final EIR have not
added anything new requiring evaluation and preparation of an
addendum or revised EIR. Reduced impacts through reduction of
total units will occur with the final adoption of the SP -2
project. The findings in the resolution for adoption include a
statement on the adequacy of the Final EIR to provide analysis
for changes to the project directed by City Council since June,
1999.
Prior to consideration of the ordinance and resolution for
approval of the project, Council must adopt a Mitigation
Monitoring Program and Statement of Overriding Considerations.
These documents are attached as exhibits to the resolution to
adopt the Specific Plan No. 2 project.
As of this hearing date, no other outstanding issues remain
which might preclude consideration and adoption of the Specific
Plan No. 2 project and its several components.
STAFF RECOW4ENDATION
1. Conduct Public Hearing to consider a Mitigation Monitoring
Plan; a Statement of Overriding Considerations; General
Plan Amendment No. 95 -2; Specific Plan No. 95 -2; and, Zone
Change No. 95 -4;
2. Close public hearing;
3. Adopt Resolution No. 99- to adopt a Mitigation
Monitoring Plan, Statement of Overriding Considerations,
General Plan Amendment No. 95 -2, and Specific Plan No. 95-
2;
4. Introduce Ordinance No. for first reading to adopt Zone
Change No. 95 -4..
Attachments:
Attachment 1.
Resolution No. 99-
, with attachments:
Exhibit
A.
Mitigation Monitoring
Plan
Exhibit
B.
Statement of Overriding
Considerations
Exhibit
C.
General Plan Amendment No. 95 -2 Land Use
Designation
Exhibit
D.
Circulation Element,
Figure 2, Highway Network
Exhibit
E.
Circulation Element,
Figure 3, Bikeway Element
Exhibit
F.
Circulation Element,
Figure 4, Equestrian Trail
Network
000005
City Council Agenda Report
Specific Plan No. 2 Adoption
September 15, 1999
Page 6
Exhibit G. Specific Plan No. 95 -2 /Specific Plan No. 2,
Moorpark Highlands Specific Plan
Attachment 2. Ordinance No. with attachments:
Exhibit A, Proposed Zoning
Exhibit B, Title 17, Chapter 17.74 Specific Plan 95-
2 /Specific Plan No. 2 /Moorpark Highlands Specific
Plan
0000()(;
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A MITIGATION
MONITORING PLAN AND A STATEMENT OF OVERRIDING
CONSIDERATIONS IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, FOR THE MOORPARK
HIGHLANDS SPECIFIC PLAN PROJECT (SPECIFIC PLAN
NO. 95 -2 /SPECIFIC PLAN NO 2; GENERAL PLAN
AMENDMENT NO. 95 -2; ZONE CHANGE 95 -4; AND
DEVELOPMENT AGREEMENT No. 98 -01); AND, ADOPTING
GENERAL PLAN AMENDMENT NO. 95 -2, AND SPECIFIC
PLAN NO. 2 ( MOORPARK HIGHLANDS SPECIFIC PLAN) ON
THE APPLICATION OF MORRISON- FOUNTAINWOOD- AGOURA.
WHEREAS, at a duly noticed public hearing on January 19,
1999, continued public hearings on February 3, March 3, March
17, April 21, June 16, July 7, August 18, and September 1, 1999,
the City Council considered the application filed by Morrison -
Fountainwood- Agoura for the Moorpark Highlands Specific Plan
Project, consisting of Specific Plan No. 2 /Specific Plan No. 95-
2, General Plan Amendment No. 95 -2, and Zone Change No. 95 -4,
and Development Agreement No. 98 -01 for an approximately 445
acre site located within the City of Moorpark, in Ventura
County, southerly and proximate to the City northerly boundary,
northerly of Charles Street, westerly of Happy Camp Canyon
Regional Park and easterly of existing residential development
within the City and incorporating more or less Assessor Parcel
Numbers: 506 -03 -135, 145, 155, 165, and 185; and
WHEREAS, the Planning Commission of the City of Moorpark on
December 14, 1998, did adopt Resolution PC -98 -362 recommending
to the City Council approval of Specific Plan No. 2 /Specific
Plan No. 95 -2, General Plan Amendment No. 95 -2, Zone Change No.
95 -4, and certification of the project EIR, subject to findings
and amendments incorporated into that resolution; and
WHEREAS, The Planning Commission of the City of Moorpark on
August 30, 1999, did adopt Resolution PC -99 -382 recommending to
the City Council approval of Development Agreement No. 98 -01;
and
WHEREAS, the City Council on April 21, 1999, certified the
Final Environmental Impact Report for the Moorpark Highlands
Specific Plan as having been completed in accordance with the
California Environmental Quality Act (CEQA), the CEQA
ATTACHMENT 100000,
Resolution 99-
Moorpark Highlands EIR Certification
Page 2
Guidelines, and the City's CEQA procedures and meeting all
findings required by CEQA; and,
Whereas, the City Council on September 15, 1999, at a
continued public hearing, considered a Mitigation Monitoring
Program; a Statement of Overriding Considerations related to the
Moorpark Highlands Specific Plan /Specific Plan No. 95 -2; General
Plan Amendment No. 95 -2; and Specific Plan No. 95 -2;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark finds
as follows:
A. The Mitigation Monitoring Program attached hereto and
incorporated by this reference provides for direction and
control of the development proposed by the Specific Plan No. 2
project to ensure consistency with the technical and mitigation
recommendations of the Project Final EIR and to reduce overall
impacts by the project.
B. A Statement of Overriding Considerations attached hereto
and incorporated by this reference, has been prepared for the
Specific Plan No. 2 project and represents the collective
decision of the City Council of the City of Moorpark with regard
to the benefits of the project versus any adverse impacts
inherent to the project.
C. General Plan Amendment No. 95 -2.
1. The amendments contained within the general plan
amendment application are necessary to provide implementation of
goals and policies for circulation, land use, and open
space /recreational uses permitted or required by the 1992
General Plan update and to reflect the circulation components
required of the specific plan.
D. Specific Plan 95 -2 /Specific Plan No. 2.
1. The Moorpark Highlands Specific Plan /Specific Plan No.
95 -2, as revised, and dated September, 1999 is consistent with
the Moorpark General Plan, as amended through General Plan
Amendment 95 -2 for the following reasons:
M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000008
Resolution 99-
Moorpark Highlands EIR Certification
Page 3
a. Specific Plan No. 2 implements provisions of the Land
Use Element of the General Plan, 1992, for the
property identified within the Specific Plan.
b. Specific Plan No. 2 meets the goals, policies and
intents of the General Plan Open Space Conservation
and Recreational Element by defining areas for passive
and active recreation, preserving ridgelines,
preserving visual and aesthetic resources, providing
public park land to meet community needs, and
providing a habitat conservation area for the
preservation and protection of a threatened avian
species.
C. Specific Plan No. 2 is consistent with the Circulation
Element of the General Plan in that the plan provides
for the extension of Spring Road from High Street to
Walnut Canyon Road, a major component of the City's
master circulation system, provides reservations and
rights -of -ways for the SR -118 and Sr -23 alignments,
and provides community equestrian and bicycle trail
linkages.
d. Specific Plan No. 2 and the Final EIR for the specific
plan have provided extensive seismic safety and
general safety information affecting the design and
development of the project consistent with
requirements of the General Plan Safety Element.
e. Specific Plan No. 2 is consistent with the Noise
Element of the General Plan and provides for sound
attenuation through siting principles and project
design as well as provision of walls and insulative
techniques.
f. Specific Plan No. 2. Provides opportunities for
housing all economic segments of the community through
an on -site provision related to "for sale" units and
in -lieu fee payments to assist development of
affordable housing at sites within the greater
community, thereby helping the City to meet its "fair
share" housing allocations.
M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000009
Resolution 99-
Moorpark Highlands EIR Certification
Page 4
E. The City Council finds that the Moorpark Highlands Specific
Plan Project EIR adequately addresses all issues raised after
the close of the public review period and prior to the close of
the public hearing on the project, and that no new significant
environmental impact has been identified, nor has there been
identified any feasible project alternative or mitigation
measure considerably different from others previously analyzed
that would lessen the identified adverse environmental impacts
to less than significant.
F. The City Council further finds that the Final EIR certified
on April 21, 1999, is adequate to address all issues contained
within the Development Agreement and that an addendum to, or re-
circulation of the EIR is not required.
SECTION 2
approves and
Specific Plan
attached hereto
._ The City Council of the City of Moorpark hereby
adopts General Plan Amendment No. 95 -2, and
No. 95 -2, as revised through September 15, 1999,
and incorporated by this reference.
SECTION 3. The City Council hereby designates the
Office of the City Clerk and the Community Development
Department as the custodians of the records constituting the
record of proceedings upon which its decision has been based.
Original ordinances and resolutions along with one copy of the
attachments referenced therein, except for the Specific Plan
document, shall be deposited within the Office of the City
Clerk. The Community Development Department shall be designated
the repository and archive for all historical and active
materials related to the Moorpark Highlands Specific Plan
project, including the Environmental Impact Report and Specific
Plan document.
SECTION 4. The City Clerk shall certify to the adoption of
this resolution, and shall cause a certified resolution to be
filed in the book of oriainal resolutions.
PASSED, AND ADOPTED THIS 15th DAY OF SEPTEMBER, 1999:
Patrick Hunter, Mayor
M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000010
Resolution 99-
Moorpark Highlands EIR Certification
Page 5
ATTEST:
Deborah S. Traffenstedt
City Clerk
ATTACHMENTS:
Exhibit
A.
Mitigation Monitoring Program
Exhibit
B.
Statement of Overriding Considerations
Exhibit
C.
General Plan Land Use Map Designation
Exhibit
D.
General Plan Circulation Element, Figure 2,
Circulation Network
Exhibit
E.
General Plan Circulation Element, Figure 3,
Bikeway Element
Exhibit
F.
General Plan Circulation Element, Figure 4,
Equestrian Trail Network
Exhibit
G.
Specific Plan No.2 /Moorpark Highlands Specific
Plan (On file in Community Development
Department)
M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000011
(to be issued under separate cover)
EXHIBIT A
MITIGATION MONITORING PROGRAM
000012
(to be issued under separate cover)
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
000013
EXHIBIT C
GENERAL PLAN AMENDMENT 95 -2
PROPOSED DESIGNATION
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GENERAL PLAN AMENDMENT 95 -2
PROPOSED DESIGNATION
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FIGUM 2
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EXHIBIT E
GENERAL PLAN AI4ZNDMENT 95 -2
BIKEWAY ELEMENT
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EXHIBIT F
GENERAL PLAN AMENDMENT 95-2
EQUESTRIAN TRAIL NETWORK
00001,E
(to be issued under separate cover)
EXHIBIT G
MOORPARK HIGHLANDS SPECIFIC PLAN
SPECIFIC PLAN NO. 95 -2 /SPECIFIC PLAN NO. 2
ORDINANCE NO:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A ZONING DESIGNATION OF
SPECIFIC PLAN (SP)FOR ALL PROPERTIES WITHIN THE
MOORPARK HIGHLANDS SPECIFIC PLAN AND AMENDING THE
ZONING MAP OF THE CITY OF MOORPARK TO DESIGNATE ALL
LANDS COMPRISING THE MOORPARK HIGHLANDS SPECIFIC PLAN,
(SPECIFIC PLAN 2 /SPECIFIC PLAN 95 -2) WITHIN THE
BOUNDARIES OF SPECIFIC PLAN NO. 2 AS SP (SPECIFIC
PLAN)); AMENDING TITLE 17, ZONING, OF THE MUNICIPAL
CODE OF THE CITY OF MOORPARK ADOPTING DEVELOPMENT
STANDARDS FOR SAID PROPERTIES AND PLACING SUCH
REGULATIONS AS CHAPTER 17.74 WITHIN SAID CODE; AND,
ADOPTING DEVELOPMENT AGREEMENT NO. 98 -01 BETWEEN THE
CITY OF MOORPARK AND MORRISON - FOUNTAINWOOD - AGOURA
PERTAINING TO THE DEVELOPMENT OF THE SPECIFIC PLAN NO.
2 PROJECT.
WHEREAS, at a duly noticed public hearing on January 19,
1999, continued public hearings on February 3, March 3, March
17, April 21, June 16, July 7 August 18, and September 1, 1999,
the City Council considered the application filed by Morrison -
Fountainwood- Agoura for the Moorpark Highlands Specific Plan
Project, consisting of Specific Plan No. 2 /Specific Plan No. 95-
2, General Plan Amendment No. 95 -2, and Zone Change No. 95 -4,
and Development Agreement No. 98 -01 for an approximately 445
acre site located within the City of Moorpark, in Ventura
County, southerly and proximate to the City northerly boundary,
northerly of Charles Street, westerly of Happy Camp Canyon
Regional Park and easterly of existing residential development
within the City and incorporating more or less Assessor Parcel
Numbers: 506 -03 -135, 145, 155, 165, and 185; and
WHEREAS, the Planning Commission of the City of Moorpark on
December 14, 1998, did adopt Resolution PC -98 -362 recommending
to the City Council approval of Specific Plan No. 2 /Specific
Plan No. 95 -2, General Plan Amendment No. 95 -2, Zone Change
No.95 -4, and certification of the project EIR, subject to
findings and amendments incorporated into that resolution; and
WHEREAS, The Planning Commission of the City of Moorpark on
August 30, 1999, did adopt Resolution PC -99 -382 recommending to
the City Council approval of Development Agreement No. 98 -01;
and
ATTACHMENT 2
000019
ORDINANCE 99-
September 15, 1999
PAGE 2
WHEREAS, the City Council on April 21, 1999, certified the
Final Environmental Impact Report for the Moorpark Highlands
Specific Plan as having been completed in accordance with the
California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's CEQA procedures and meeting all
findings required by CEQA; and,
WHEREAS, the City
Resolution No. 99-
Program; adopting a
relative to the Moorp<
No. 95 -2; General Plan
2;
Council on September 15, 1999, did adopt
adopting a Mitigation Monitoring
Statement of Overriding Considerations
ark Highlands Specific Plan /Specific Plan
Amendment No. 95 -2; and Specific Plan No.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 17, Zoning, of the Municipal Code of
the City of Moorpark, California is amended by amending the
official zoning map of the City, as referenced in Section
17.04.020 of the Moorpark Municipal Code, by adding thereto the
designation SP 95- 2 /SP -2 and by applying said designation to the
Moorpark Highlands Specific Plan area as shown in Exhibit A
attached hereto and incorporated herein by reference.
SECTION 2. Title 17, Zoning, of the Municipal Code of
the City of Moorpark, California is amended by adding thereto
Chapter 17.74 as contained and more fully described in Exhibit
B, attached hereto and incorporated by this reference.
SECTION
of Moorpark,
Agoura, a
development
Plan No. 2)
3. Development Agreement 98 -01 between the City
a municipal corporation, and Morrison- Fountainwood-
California General Partnership, related to the
of the Moorpark Highlands Specific Plan (Specific
is hereby adopted, and, the City Clerk is hereby
directed to cause one copy of the signed adopted agreement to be
recorded within the records of the County of Ventura within ten
days of adoption of said agreement.
SECTION 4. The City Council of the City of Moorpark
hereby finds as follows:
00000
ORDINANCE 99-
September 15, 1999
PAGE 3
A. Zone Change No. 95 -4.
a. Zone Change No. 95 -4 is consistent with the General
Plan as amended through General Plan Amendment No. 95-
2.
b. Zone Change No. 95 -4 is necessary to incorporate the
standards and regulations affecting development of
Specific Plan No. 2 within the Municipal Code to
ensure ease of reference and enforcement.
SECTION S. Whenever a conflict shall arise between
provisions of the Specific Plan and the Zoning Code as to the
meaning of terms, uses permitted, standards applicable or
administration thereof, Chapter 17.74 shall prevail.
SECTION 6. If any section, sub - section, 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, sub - section, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more
sections, sub - sections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 7. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION
and adoption
of original
passage and
of the City
shall within
thereof, ca
Star, a wee
Section 6008
and which is
8. The City Clerk shall certify to the passage
of this Ordinance; shall enter the same in the book
ordinances of said city; shall make a minute of the
adoption thereof in the records of the proceedings
Council at which same is passed and adopted; and
fifteen (15) days after the passage and adoption
use the same to be published once in the Moorpark
kly newspaper of general circulation, as defined in
of the Government Code, for the City of Moorpark,
hereby designated for that purpose.
000021
ORDINANCE 99-
September 15, 1999
PAGE 4
PASSED AND ADOPTED THIS DAY OF SEPTEMBER, 1999:
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
ATTACHMENTS:
Exhibit A. Proposed Zoning
Exhibit B. Chapter 17.74 to Title 17, Specific Plan No.
2.
000022
11
U :40) t
TITLE 17
CHAPTER 17.74
SPECIFIC PLAN NO. 2
SPECIFIC PLAN NO. 95 -2
MOORPARK HIGHLANDS SPECIFIC PLAN
CITY OF MOORPARK
MORRISON- FOUNTAINWOOD- AGOURA
EXHIBIT B
000004
CHAPTER 17.74
SPECIFIC PLAN NO. 2 /SPECIFIC
PLAN 95 -2, MOORPARK HIGHLANDS
SPECIFIC PLAN
Sections:
17.74.010 Purpose
17.74.020 Definitions
17.74.030 General provisions
17.74.040 Residential Planned
Development Regulations
17.74.050 Open Space Regulations
17.74.060 Public Institutional
Uses
17.74.070 Special Regulations
17.74.010 Purpose.
The development regulations and
standards contained herein have
been established to provide
criteria for the development of
the Planning Areas within
Specific Plan No. 2.
Implementation of the
regulations and standards set
forth in this section are
intended to ensure that future
development is coordinated and
consistent with the goals and
policies of Specific Plan No. 2
and the City's General Plan.
The following standards provide
for the arrangement,
development, and use of
residential neighborhoods, open
space areas, school and park
sites designated as public -
institutional areas, and future
State highway right -of -way or
dedication areas. Application
of these regulations and
standards is intended to
encourage the most appropriate
use of the land, create a
harmonious relationship among
land uses, and protect the
health, safety, and general
welfare of the community.
Certain development requirements
generally are included as
conditions of approval for
subdivisions and development
permits, and may not be
contained in the Development
Regulations and Standards for
Specific Plan 2 or in the City's
Municipal Code and Subdivision
Ordinance. Such development
requirements include, but are
not limited to: On -site lighting
standards, fixtures, lumen
levels, coverage mounting and
pole height; street lighting
standards; front yard
landscaping; bus shelters;
quantities and sizing of trees
and shrubs; general
review /approval of landscaping
and irrigation plans; review and
approval of conditions,
covenants and restrictions;
requirements for homeowner
property associations; rain
gutters; yard drains; trash and
recycling enclosures; slough
wall for slopes adjacent to
street rights -of -way; and
concrete driveways.
17.74.020 Definitions.
Words and terms used in the
Specific Plan No. 2 Development
Regulations and Standards shall
have the same definitions as
given in the City of Moorpark
Municipal Code, including Title
17, Zoning.
17.74.030 General Provisions.
These Development Regulations
and Standards regulate all
development within the Specific
Plan No. 2 area. The following
general provisions apply to all
zone districts within the
Specific Plan area.
A. The City Municipal Code
shall regulate development in
000025
Chapter 17.74
Moorpark Highlands Specific Plan
Page 2
Specific Plan No. 2, except as
modified by the regulations and
standards contained herein. In
such cases where the Specific
Plan No. 2 development
regulations and standards
conflict with those in other
Sections of Title 17 of the City
of Moorpark Municipal Code, the
Specific Plan No. 2 development
standards shall apply.
B. The establishment and
changes of the zone district
classification on land in the
Specific Plan No. 2 area shall
be as described in this Section
and shall be adopted by an
ordinance amending the City
zoning map in the manner set
forth in Chapter 17.60, Title
17, of the Municipal Code. The
zone districts for Specific Plan
No. 2 shall be consistent with
the Specific Plan Land Use Plan,
Exhibit 4, and Section
17.16.070.B, Specific Plan (SP)
Zone, which requires the use of
the SP suffix for property that
is subject to a specific plan.
C. All land use entitlements
and permits issued within the
Specific Plan No. 2 area shall
be consistent with Specific Plan
No. 2 and the City's General
Plan as amended .
D. Because it is infeasible to
compose legislative language
which encompasses all
conceivable land -use situations,
the Director of Community
Development shall have the power
to interpret the regulations and
standards contained in this
Specific Plan, when such
interpretation is necessitated
by a lack of specificity in such
regulations and standards.
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E. Procedures for the
processing of land use
entitlement for the Specific
Plan No. 2 area shall be the
same as defined in Chapter 17.44
of Title 17 of the Moorpark
Municipal Code.
17.74.040 Residential Planned
Development Regulations
The purpose of these regulations
is to provide assurances that
residential development conforms
to the City of Moorpark General
Plan requirements for Specific
Plan No. 2. These standards also
provide for a range of single -
family detached and multi - family
dwelling units with development
standards and regulations
specifically applicable to the
Specific Plan No. 2 property.
Specific Plan No. 2 Development
Standards may be more or less
restrictive than the City's
current development standards
for each residential category.
Exhibits 28 through 31 of the
adopted Specific Plan contain
single - family development
standards for the plan areas.
For the purposes of this
Specific Plan, all uses
permitted in the Specific Plan
No. 2 Residential Planned
Development Single Family (SP2 -
RPD-SF) Zone, are as specified
in Table 17.20.050 of Title 17
for the Residential Planned
Development (RPD) Zone.
17.74.040.1 Single- Family
Residential Site Development
Standards
A. Specific Plan No. 2
Residential Planned Development
Single - Family (SP2- RPD -SF) 1.3-
2.5 du /ac Zone.
00002;
Chapter 17.74
Moorpark Highlands Specific Plan
Page 3
1. Minimum Lot Area:
10,000 square feet
2. Building Setbacks:
a. Front Setback minimum
for 10,000 square foot lots is
thirty (30) feet. The front
setback minimum for 30,000
square foot lots is thirty five
(35) feet. The front setbacks
for the proposed single - family
dwelling units shall be varied
so as to provide visual
diversity. There shall be a
minimum of three (3) feet
variation with a maximum
variation of five (5) feet for
the front setback between
adjacent lots, with no more than
two adjacent lots having the
same front setback. Dwelling
units constructed with garages
having a curved or swing
driveway, with the entrance to
the garage facing the side
property line, shall have a
minimum front setback of fifteen
(15) feet.
b. Side yard setback
minimum for a single- family
dwelling unit on a 10,000 sq.
ft. minimum lot is 10 percent of
the lot frontage. However, the
setback can be reduced to seven
(7) feet if a twenty (20) foot
separation is maintained between
structures. For 30,000 sq. ft.
minimum lot the sum of side
yards shall be a minimum of 20
feet with a minimum side yard (1
side) of 12 -foot for RV access,
and a minimum of 20 -foot
separation between structures.
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C. Rear Setback minimum
for a single - family dwelling
unit on a 10,000 sq. ft. minimum
lot is thirty (30) feet, and on
a 30,000 sq. ft. minimum lot is
(50) feet; for an enclosed patio
or open patio cover is ten (10)
feet; for a second story deck or
balcony is twenty (20) feet, and
for an accessory structure is
five (5) feet.
d. For projects located in
Planning Area 8 no habitable
structures shall be located
closer than 200 feet from the
north /west Specific Plan
boundary.
3. Maximum building height:
a. Thirty -five (35) feet
for dwelling units.
b. Fifteen (15) feet for
accessory structures.
C. Twelve (12) feet for
a patio cover and second floor
deck or balcony, not including
railing height.
d. No more than three
(3) stories shall be permitted.
4. Fences and walls:
Fences and walls shall comply
with the provisions of the
Moorpark Municipal Code, with
the exception that sound
attenuation walls shall be
constructed to a height as
required by a City approved
Noise Study for the Residential
Planned Development Permit.
5. Parking:
Parking shall comply with
Chapter 17.32 of the City of
Moorpark Municipal Code.
00002`7
Chapter 17.74
Moorpark Highlands Specific Plan
Page 4
6. Signage:
Signage shall comply with
Chapter 17.40 of the City of
Moorpark Municipal Code.
7. Standards relating to
animals:
The keeping of animals shall
comply with Chapter 17.28.030 of
the Moorpark Municipal Code.
8. Eaves and window treatments
and surrounds.
The eaves and window treatments
and surrounds on all sides of a
structure shall be consistent
with the eaves and window
treatments and surrounds on the
front elevation.
9. Wrap- around front elevation
treatment.
The architectural style and
treatment included along the
front elevation of a single
family unit shall continue along
each side elevation until
commencement of fencing or other
architecturally feasible
termination point as determined
by the Residential Planned
Development Permit approval
body.
10. Solar Panels.
Solar panels shall not be
permitted on the front elevation
of dwelling units if the panel
may be seen from a public
street.
B. Specific Plan No. 2
Residential Planned Development
Single- Family (SP2- RPD -SF) 2.5-
4.5 du /ac Zone.
1. Minimum Lot Area. 6,000
square feet
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2. Building Setbacks
a. Front Setback minimum
is twenty (20) feet. The front
setbacks for the proposed
single - family dwelling units
shall be varied so as to provide
visual diversity. There shall be
a minimum of three (3) feet
variation with a maximum
variation of five (5) feet for
the front setback between
adjacent lots, with no more than
two adjacent lots having the
same front setback. Dwelling
units constructed with garages
having a curved or swing
driveway, with the entrance to
the garage facing the side
property line, shall have a
minimum front setback of fifteen
(15) feet.
b. Side Setback minimum
for a single - family dwelling
unit adjacent to a street is ten
(10) feet, with the exception
that the minimum side setback
adjacent to Spring Road shall be
twenty (20) feet.
C. Side Setback minimum
for a single - family dwelling
unit on an interior lot, other
than for exceptions listed
below, shall be five (5) feet.
Side setback minimum for a
second story deck or balcony is
ten (10) feet.
d. Side Setback minimum
for a two -story single - family
dwelling unit on an interior lot
larger than 7,000 square feet,
with windows facing the adjacent
property, is seven and one -half
(7.5) feet, with not less than
fifteen (15) feet between
structures.
00008
Chapter 17.74
Moorpark Highlands Specific Plan
Page 5
e. Rear Setback minimum
for a single - family dwelling
unit is twenty (20) feet, for an
enclosed patio or open patio
cover is ten (10) feet, for a
second story deck or balcony is
twenty (20) feet, and for an
accessory structure is five (5)
feet.
f. For projects on a
hillside area, and where it can
be clearly established that
reduced setbacks will enhance
preservation of natural terrain
and reduced grading, front
setbacks may be reduced by the
approving authority to ten (10)
feet as applied to the main
portion of the dwelling. Garage
setbacks shall normally be
twenty (20) feet except for a
side loaded garage where a
minimum driveway depth of twenty
(20) feet from the right -of -way
edge shall be provided.
3. Maximum building height.
a. Thirty -five (35) feet for
dwelling units.
b. Fifteen (15) feet for
accessory structures.
C. Twelve (12) feet for a
patio cover and second floor
deck or balcony, not including
railing height.
d. No more than three stories
shall be permitted.
4.
Fence:
with
Fences and walls
and walls shall comply
the provisions of the
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Moorpark Municipal Code, with
the exception that sound
attenuation walls shall be
constructed to a height as
required by a City approved
Noise Study for the Residential
Planned Development Permit.
5. Parking
Parking shall comply with
Chapter 17.32 of the City of
Moorpark Municipal Code, except
as otherwise noted in this
document.
6. Signage
Signage shall comply with
Chapter 17.40 of the City of
Moorpark Municipal Code, except
as otherwise noted in this
document.
7. Recreational amenities.
Residential Planned Development
Permit areas with Single - family
lots that have an average size
of less than 7,000 square feet
shall include private
recreational amenities such as,
but not limited to the
following: clubhouse, restrooms,
swimming pool and spa, play
apparatus, picnic shelter,
barbecue area with seating,
court game facilities (non -
lighted), and multi - purpose
fields. The types of amenities
shall be reviewed and approved
with the required Residential
Planned Development Permit.
S. Eaves and window treatments
and surrounds.
The eaves and window treatments
and surrounds on all sides of a
structure shall be consistent
with the eaves and window
0
Chapter 17.74
Moorpark Highlands Specific Plan
Page 6
treatments and surrounds on the
front elevation.
9. Wrap- around front elevation
treatment.
The architectural style and
treatment included along the
front elevation of a single
family unit shall continue along
each side elevation until
commencement of fencing or other
architecturally feasible
termination point as determined
by the Residential Planned
Development Permit approval
body.
10. Solar Panels.
Solar panels shall not be
permitted on the front elevation
of dwelling units if the panel
may be seen from a public
street.
C. Specific Plan No. 2
Residential Planned Development
Single Family (SP2- RPD -SF) 6
du /ac Zone.
1. Minimum Lot Area.
3,500 square feet
2. Buildina Setbacks
a. Front Setback minimum is
twenty (20) feet. The front
setbacks for the proposed
single - family dwelling units
shall be varied so as to provide
visual diversity. There shall be
a minimum of three (3) feet
variation with a maximum
variation of five (5) feet for
the front setback between
adjacent lots, with no more than
two adjacent lots having the
same front setback. Dwelling
units constructed with garages
having a curved or swing
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driveway, with the entrance to
the garage facing the side
property line, shall have a
minimum front setback of fifteen
(15) feet.
b. Side Setback minimum for a
single - family dwelling unit
adjacent to a street is ten (10)
feet, with the exception that
the minimum side setback
adjacent to Spring Road shall be
twenty (20) feet.
C. Side Setback minimum for a
single - family dwelling unit on
an interior lot, other than for
exceptions listed below, shall
be five (5) feet. Side setback
minimum for a second story deck
or balcony is ten (10) feet.
d. Side Setback minimum for a
two story single family dwelling
unit on an interior lot larger
than 7,000 square feet, with
windows facing the adjacent
property, is seven and one -half
(7.5) feet, with not less than
fifteen (15) feet between
structures.
e. Rear Setback minimum for a
single- family dwelling unit is
twenty (20) feet, for an
enclosed patio or open patio
cover is ten (10) feet, for a
second story deck or balcony is
twenty (20) feet, and for an
accessory structure is five (5)
feet.
3. Maximum Building height
a. Thirty -five (35) feet for
dwelling units
0000
Chapter 17.74
Moorpark Highlands Specific Plan
Page 7
b. Fifteen (15) feet for
accessory structures
C. Twelve (12) feet for a
patio cover and second floor
deck or balcony, not including
railing height.
4. Fences and walls
Fences and walls shall comply
with the provisions of the
Moorpark Municipal Code, with
the exception that sound
attenuation walls shall be
constructed to a height as
required by a City approved
Noise Study for the Residential
Planned Development Permit.
5. Parking
Parking shall comply with
Chapter 17.32 of the City of
Moorpark Municipal Code, except
as otherwise noted in this
document.
6. Signage
Signage shall comply with
Chapter 17.40 of the City of
Moorpark Municipal Code, except
as otherwise noted in this
document.
7. Recreational amenities.
Residential Planned Development
Permit areas with Single - family
lots that have an average size
of less than 7,000 square feet
shall include private
recreational amenities such as,
but not limited to the
following: clubhouse, restrooms,
swimming pool and spa, play
apparatus, picnic shelter,
barbecue area with seating,
court game facilities (non -
lighted), and multi - purpose
fields. The types of amenities
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shall be reviewed and approved
with the required Residential
Planned Development Permit.
8. Eaves and window treatments
and surrounds.
The eaves and window treatments
and surrounds on all sides of a
structure shall be consistent
with the eaves and window
treatments and surrounds on the
front elevation.
9. Wrap- around front elevation
treatment.
The architectural style and
treatment included along the
front elevation of a single
family unit shall continue along
each side elevation until
commencement of fencing or other
architecturally feasible
termination point as determined
by the Residential Planned
Development Permit approval
body.
D. Specific Plan No. 2
Residential Planned Development
(SP2- RPD- SF -12) 12.0 du /ac Zone.
1. Lot Area.
a. Attached unit projects:
3000 square feet of land
area per dwelling.
b. Detached unit projects:
3500 square foot lot
minimum
2. Building Setbacks.
a. Front Setback.
Minimum landscaped setback of
twenty (20) feet. Structures
with garages siding to a street
may have a reduced front setback
of not less than fifteen (15)
feet.
000031
Chapter 17.74
Moorpark Highlands Specific Plan
Page 8
b. Side Setback.
Minimum landscaped setback of
five (5) feet. The side setback
requirement adjacent to a
roadway shall be ten (10)feet
C. Rear Setback.
Minimum landscaped setback of
fifteen (15) feet.
2. Maximum Building height
a. Thirty -five (35) feet for
dwelling units.
b. Fifteen (15) feet for
accessory structures.
C. Twelve (12) feet for a
patio cover.
4. Fences and walls.
Fences and walls shall comply
with the provisions of the
Moorpark Municipal Code, with
the exception that sound
attenuation walls shall be
constructed to a height as
required by a City approved
Noise Study for the Residential
Planned Development Permit.
5. Parking
Parking shall comply with
Chapter 17.32 of the City of
Moorpark Municipal Code.
6. Signage
Signage shall comply with
Chapter 17.40 of the City of
Moorpark Municipal Code.
7. Open space.
In addition to any other open
space requirement of Specific
Plan No. 2, a SP -2 /RPD -12
project shall include the
following amounts of open space:
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a. Private Open Space.
The following private open space
shall be provided. Private open
space shall be accessible from
the dwelling unit served and not
from other units.
(1) A usable private open space
area in the form of a courtyard,
patio or garden, or combination
thereof, with a minimum area of
four hundred fifty (450) square
feet and a minimum dimension of
fifteen (15) feet for each
dwelling unit.
b. Usable Open Space.
All RPD -12 developments shall
provide not less than twenty -
five (25) percent of the net
site area as useable open space.
(1) Usable Open Space
Standards.
Usable open space shall meet the
following requirements:
(a) Usable open space areas
shall not include rights -of -way,
vehicle parking areas, areas
adjacent to or between
structures less than fifteen
(15) feet apart, required front
setbacks, private open space
areas, or areas with slopes
exceeding fifteen (15) percent;
(b) Usable open space areas
shall be planted with turf or
ground cover, or other
landscaping material which will
control dust;
(c) Usable open space areas
shall be screened from streets
and adjacent sites;
(d) Usable open space areas
shall not be obstructed except
by improvements that enhance
000032
Chapter 17.74
Moorpark Highlands Specific Plan
Page 9
usability, such as required
recreational amenities,
fountains, sunshades, and
plantings;
(e) Usable open space areas
shall not be covered by more
than fifty (50) percent by a
building overhang or balcony.
8. Recreational amenities.
RPD -12 Zone projects shall
provide recreational amenities
such as, but not limited to, the
following: restrooms, swimming
pool and spa, play apparatus,
picnic shelter, barbecue area
with seating, and court game
facilities(non- lighted). The
types of amenities shall be
reviewed and approved with the
required Residential Planned
Development Permit.
17.74.050 Open Space
Development Regulations
It is the intent of these
regulations to promote the
preservation of the natural
landforms of Specific Plan No. 2
area by allowing only limited
improvements within private open
space areas and prohibiting all
development (including
structures and trails) within
the natural open space, except
that required for remedial
grading and arterial roadway
construction.
A. Private Open Space
Permitted Uses
For the purposes of this
Chapter, the following is a
listing of the permitted uses
allowed within the Private Open
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Space areas within Specific Plan
No. 2.
1. Trails.
Trails shall be developed as
shown on the approved exhibits
of the adopted Specific Plan No.
2.
2. Only signage identifying
trail direction and use
restrictions will be permitted.
B. Private Open Space
Development Regulations
1. Structures shall not be
allowed.
2. Fences and walls shall
comply with the provisions of
the Moorpark Municipal Code,
with the exception that sound
attenuation walls shall be
constructed to a height as
required by a City approved
Noise Study for the Residential
Planned Development Permit.
C. Natural Open Space
Development Regulations
The Natural Open Space Zone
areas shall be reserved for
visual open space and are
planned to be part of a Habitat
Conservation Plan (HCP), as
defined in the EIR document,
Appendix J. These areas shall
remain ungraded and shall not be
developed, with the exception of
roadway and infrastructure
improvements necessary for the
construction of Spring Road. The
Natural Open Space Zone areas
impacted by grading for Spring
Road shall be re- contoured and
re- vegetated to the standards as
defined in the Design
000033
Chapter 17.74
Moorpark Highlands Specific Plan
Page 10
Guidelines, Section 8, of
Specific Plan No. 2. Subsequent
revegetation and /or maintenance
activities within the Natural
Open Space areas shall be
limited to those activities, as
prescribed in the HCP, Appendix
J of the EIR. Terms and
conditions of the Final HCP as
approved by the U.S. Fish and
Wildlife Service shall regulate
NOS usage.
17.74.060 Public Institutional
Development Regulations
It is the intent of this section
to provide standards to direct
the development of Public
Institutional Uses within the
Specific Plan No. 2 property,
consistent with the Specific
Plan land use plan designation
for the school and park sites.
A. Public /Institutional
Permitted Uses
For the purposes of this
Specific Plan, all uses
permitted in the Specific Plan
No. 2 Public Institutional Zone,
are as specified in Tables
17.20.050 and 17.20.060 of Title
17 for the Institutional Zone. A
public elementary and secondary
school are permitted uses in the
Specific Plan No. 2 Public
Institutional Zone that do not
require a permit from the City,
because such uses are exempt
from the City's zoning
regulations.
B. Public /Institutional Site
Development Standards
The following standards shall
apply to private development
only, and shall not be
M:\ JLibiez \M \SP2 \1774sp2zngreg.doc
applicable to a public school or
a public park within the
Specific Plan No. 2 area:
1. Landscape coverage
Landscape coverage shall be a
minimum of ten (10) percent of
the overall lot area and a
minimum of ten (10) percent of
any parking lot; pursuant to
Title 17, Section 17.32.100 of
the Moorpark Municipal Code.
2. Minimum setbacks
a. From arterial roadways:
(1) Front- thirty (30) feet
(2) Side-ten (10) feet.
b. Minimum setbacks from
collectors and residential
streets
(1) Front- twenty (20) feet
(2) Side- ten (10) feet
C. From residential zones -
fifteen (15) feet.
3. Maximum structure height
Maximum structure height shall
be thirty -five (35) feet or
forty -five (45) feet with
Planning Commission or City
Council Conditional Use Permit
approval.
4. Fences and walls
Fences and walls shall comply
with the provisions of the
Moorpark Municipal Code, with
the exception that sound
attenuation walls shall be
constructed to a height as
required by a City approved
Noise Study for a Conditional
Use Permit.
000034
Chapter 17.74
Moorpark Highlands Specific Plan
Page 12
D. Hillside Management.
All Specific Plan No. 2
development projects within
hillside areas, as defined in
Chapter 17.38 of Title 17 of the
City Municipal Code, shall
comply with all of the
procedures, standards, and
findings contained in Chapter
17. 38, unless the City Council
determines that certain
procedures, standards, and
findings are not applicable to
Specific Plan No. 2 development
projects, consistent with the
exemptions provisions contained
in Section 17.38.030 of Chapter
17.38.
0000-G
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