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HomeMy WebLinkAboutAGENDA REPORT 2021 0203 CCSA REG ITEM 08BCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of February 3, 2021 ACTION Adopted Resolution No. 2021- 3986. (Roll Call Vote: Unanimous) BY B.Garza. B. Consider a Resolution Approving a Time Extension of Conditional Use Permit No. 2012-03 to Allow the Continued Operation of an Outdoor Recreational Vehicle Storage Facility at 4875 Spring Road and Receive Report of Annual Development Agreement Review Established in Connection with O2 D2 Partners, LLC, and Duncan Donald P/Ashley Construction, Inc., and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Don Duncan (Moorpark RV Storage). Staff Recommendation: Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2021-3986 approving a time extension of Conditional Use Permit No. 2012-03 to March 31, 2023 (Staff: Karen Vaughn) (ROLL CALL VOTE REQUIRED) Item: 8.B. Item: 8.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Interim Deputy City Manager DATE: 02/03/2021 Regular Meeting SUBJECT: Consider a Resolution Approving a Time Extension of Conditional Use Permit No. 2012-03 to Allow the Continued Operation of an Outdoor Recreational Vehicle Storage Facility at 4875 Spring Road and Receive Report of Annual Development Agreement Review Established in Connection with O2 D2 Partners, LLC, and Duncan Donald P/Ashley Construction, Inc., and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Don Duncan (Moorpark RV Storage) BACKGROUND On March 20, 2013, the City Council adopted Resolution No. 2013-3165 (Attachment 1), approving Conditional Use Permit (CUP) No. 2012-03, to allow the operation of an outdoor recreational vehicle (RV) storage facility at 4875 Spring Road. At that time, the General Plan land use designation for the subject property was General Commercial and the zoning designation was Commercial Planned Development. Pursuant to Section 17.20.060 of the Moorpark Municipal Code, recreational vehicle storage yards are only permitted in the Limited Industrial (M-2) zone with an approved CUP. The subject property was used as a contractor’s storage yard before the City was incorporated and, after incorporation, the storage yard was considered an existing non- conforming use. The CUP for the outdoor RV storage facility was approved on the basis that it would not have a greater impact than the previous non-conforming use as a contractor’s storage yard. Resolution No. 2013-3165 includes a condition of approval requiring all RV and outdoor storage permitted by the CUP to cease within five years and requiring the site to be restored or converted to a conforming use at that time. The CUP, however, provided 26 Honorable City Council 02/03/2021 Regular Meeting Page 2 the City Council with the option to extend the expiration for an additional five years provided that the City Council finds the use to be in conformance with all conditions of approval. On April 22, 2013, a Stipulation to Entry of Abatement Warrant and Order executed between the City, AC Construction, Inc. and Moorpark RV, LLC (Attachment 2) was filed with the Superior Court of the State of California – County of Ventura. The Order sets the expiration of the CUP at March 31, 2023, requires the RV storage use to cease by March 31, 2023, and allows the City to enter the property to take action to abate such use or any violations after that date. On April 24, 2013, the City, AC Construction, Inc. and Moorpark RV, LLC entered into a Settlement, Waiver and Release Agreement (Attachment 3) and Covenants (Agreement) Regarding City of Moorpark Conditional Use Permit No. 2012-03 (Attachment 4) regarding the RV storage facility. The Settlement Agreement was designed to resolve the dispute between parties on the continued operation of the RV storage yard, the prior operations of the RV storage yard without the appropriate land use approval of a CUP, and the assertion that the owners have the right to permanently operate a RV storage yard on the subject property. The Covenant Agreement was executed to memorialize all parties’ agreement with the conditions of the CUP. The Stipulation to Entry of Abatement Warrant and Order, the Settlement, Waiver, and Release Agreement and the Covenant Agreement each state that the CUP shall expire no later than March 31, 2023, and that the applicant waives all rights to continue use beyond that termination date. On November 17, 2015, Mike Ashley and Don Duncan, for Spring Road, LLC, filed an application to develop a 95-unit residential condominium project at 4875 Spring Road and 384 Los Angeles Avenue. The residential project would replace the existing RV storage facility. The following entitlements were approved by the Council on December 6, 2017, for development of the project: • Resolution No. 2017-3647 (Attachment 5): o Adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and o Approving General Plan Amendment (GPA) No. 2015-02 to change the land use designation from General Commercial (C-2) to Very High Residential Density (VH) on approximately 5.3 acres of the 8.3 acre site. The southern 3 acres would remain as Floodway. • Resolution No. 2017-3648 (Attachment 6) o Approving Residential Planned Development (RPD) No. 2015-02 for the construction of the 95 townhome condominiums; and o Approving Vesting Tentative Tract Map (VTTM) No. 5972 for condominium ownership of the townhomes. 27 Honorable City Council 02/03/2021 Regular Meeting Page 3 • Ordinance No. 458 (Attachment 7): o Adopting Zone Change (ZC) No. 2015-03 to amend the zoning of approximately 5.3 acres from Commercial Planned Development (CPD) to Residential Planned Development (RPD 16.5U) and 3 acres from CPD to Open Space (OS). The second reading was held on December 20, 2017. • Ordinance No. 459 (Attachment 8): o Approving Development Agreement (DA) No. 2015-01 to set the timing, obligations, and fees associated with the development of the subject property. On December 20, 2017, the City Council re-introduced Ordinance No. 459 with amended language to provide clarity on an affordable housing in-lieu in. The second reading was held on January 18, 2018. On May 11, 2017, Don Duncan, on behalf of Moorpark RV Storage, requested a five- year extension of CUP No. 2012-03 for the continued use of the RV storage facility. The DA required the Applicant to provide the City the right-of-way within three years for the widening of Los Angeles Avenue; however, plans were not provided. Therefore, staff recommended a three-year extension to coincide with the right-of-way dedication. On January 17, 2018, the City Council approved Resolution No. 2018-3664 (Attachment 9) for a three-year extension of the CUP to February 20, 2021, with an option for the applicant to apply for the remaining allowable extension of up to two years. DISCUSSIONS AND ANALYSIS CUP Extension Request: In the time since the residential entitlements were approved in 2017, Mr. Duncan has communicated with staff on the difficulty of financing and constructing the project. In his words, potential developers walk away from the table once they review the DA terms and project pro forma. In 2020, Mr. Duncan funded a third-party pro forma review by Keyser Marston (the firm also serves as the City’s consultant). The review confirmed that the 95-unit residential condominium project, as approved, is not financeable on the open market and thus is unlikely to be constructed. There are a number of factors at play including the cost of the land, cost of construction, required fees and contributions, and required affordable housing dedication. With this information, discussions progressed along two paths: Amend the existing DA and project entitlements or propose a new project on the site. Mr. Duncan has indicated that he would like to abandon the existing project and begin anew with a different residential proposal. On December 8, 2020, Don Duncan, on behalf of Moorpark RV Storage, submitted a request for a five-year extension of the CUP to March 31, 2026 (Attachment 10). The current CUP for the RV storage use will expire on February 20, 2021. 28 Honorable City Council 02/03/2021 Regular Meeting Page 4 While an extension to a CUP would normally be straightforward, the various agreements that were signed in coordination with the original CUP, along with the Stipulation Order, state that the CUP shall expire on March 31, 2023. These Agreements do not provide for any extension beyond that date. As a result, staff recommends that the termination date of the CUP be extended to March 31, 2023, the maximum amount of time provided by these Agreements. This extension will allow Mr. Duncan additional time to refine his plans for the site and to coordinate with staff regarding any future proposals to extend the CUP that may require amendments to the Agreements. The Applicant has complied with all conditions of approval associated with CUP No. 2012-03, including landscaping maintained in the area between the wall adjacent to Spring Road and the sidewalk, and the removal of razor wire, barbed wire, and concertina wire that was located on perimeter of the property. Development Agreement Annual Review Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the timing, terms, and conditions of the agreement. On January 17, 2018, the Moorpark City Council adopted Ordinance No. 459 approving the Development Agreement between the City of Moorpark, 02 D2 Partners, LLC and Duncan Donald P/ Ashley Construction, Inc (Spring Road, LLC) for the 95-unit residential condominium project. The DA remains in full force and effect for 20 years from the operative date of the DA (February 16, 2018, or until one year after the issuance of the final building permit for occupancy of the last unit. The 20-year term ends February 16, 2038. The DA also allows an amendment or termination by mutual consent. Provisions of the DA require an annual review and report to the City Council on the status of completion of all aspects of the Agreement. No previous annual review of this DA has been conducted. Current Project Status To date, the applicant has not pursued the issuance of a grading permit or building permit for development of the subject property. Developer Compliance with Terms of Agreement The developer’s responsibilities are included in Section 6 of the Development Agreement, summarized below. Compliance with the terms and conditions of the 29 Honorable City Council 02/03/2021 Regular Meeting Page 5 Development Agreement occurs at various stages of the development process. Action by the developer and other clarifying information has been noted. No. Requirement Status 6.1 Development as a Residential Project. Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the MMRP of the MND and any subsequent or supplemental environmental actions. Developer agrees not to apply for any non- residential uses on the Property. The clubhouse and private recreational facilities are considered to be part of the residential uses. Developer has complied with all applicable conditions associated with the project approvals, DA and MMRP. No grading or building permits have been requested or issued and therefore the majority of conditions and mitigation measures are not yet applicable to the project. 6.2 Condition of Dedicated or Conveyed Property. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. A Final Map has not been recorded and all lands and interests have not been dedicated to the City in accordance with the DA. 6.3 Development Fee Per Unit. As a condition of the issuance of a building permit for each residential dwelling unit within the Property, Developer shall pay City a one-time development fee as described herein (the “Development Fee”). The Development Fee may be expended by City in its sole and unfettered discretion. The amount of the Development Fee shall be Nine Thousand Two Hundred Dollars ($9,200.00) per residential unit. The Development Fee shall be adjusted annually commencing January 1, 2019, by the Consumer Price Index (CPI). The annual CPI adjustment 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October. In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. No building permits have been issued and, therefore, the Developer has not paid applicable development fees. 6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for each residential dwelling unit within the boundaries of the Property, Developer shall pay City a one-time traffic mitigation fee as described herein (“Citywide Traffic Fee”). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. The amount of the Citywide Traffic Fee shall be Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit. The Citywide Traffic Fee shall be adjusted annually commencing January 1, 2019 and annually thereafter by the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year (“annual indexing”). In the event there is a No building permits have been issued and, therefore, the Developer has not paid applicable traffic mitigation fees. 30 Honorable City Council 02/03/2021 Regular Meeting Page 6 No. Requirement Status decrease in the Bid Price Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall pay the LAAOC fee in effect at the time of building permit issuance for each residential dwelling unit within the Property. No building permits have been issued and, therefore, the Developer has not paid applicable LAAOC fees. 6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included in the City Council approved MND and MMRP, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to City a one-time air quality mitigation fee, as described herein (“Air Quality Fee”), in satisfaction of the Transportation Demand Management Fund mitigation requirement for the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars ($1,709.00) per residential dwelling unit within the Property to be paid prior to the issuance of a building permit for each residential dwelling unit in the Project. If the Air Quality Fee is not paid by January 1, 2019, then commencing on January 1, 2019, and annually thereafter, the Air Quality Fee shall be adjusted 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior month of October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. No building permits have been issued and, therefore, the Developer has not paid applicable air quality fees. 6.7 Park Fees. Prior to the issuance of the building permit for each residential dwelling unit within the Property, Developer shall pay a one-time fee in lieu of the dedication of parkland and related improvements (“Park Fee”). The amount of the Park Fee shall be Ten Thousand Five Hundred Dollars ($10,500.00) for each residential dwelling unit within the Property. If the Park Fee is not paid by January 1, 2019, the Park Fee shall be adjusted annually commencing January 1, 2019 by the larger increase of a) or b) as follows: (a) The change in the CPI. The change 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October; or (b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year (annual indexing). In the event there is a decrease in both of the referenced Indices for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees that the above-described payments shall be deemed to No building permits have been issued and, therefore, the Developer has not paid applicable park fees. 31 Honorable City Council 02/03/2021 Regular Meeting Page 7 No. Requirement Status satisfy the parkland dedication requirement set forth in California Government Code Section 66477 et seq. for the Property. 6.8 Community Services Fee. As a condition of issuance of a building permit for each residential dwelling unit within the boundaries of the Project, Developer shall pay City a one-time community services fee as described herein (Community Services Fee). The Community Services Fees may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fees shall be Two Thousand Seven Hundred Dollars ($2,700.00) per residential dwelling unit. Commencing on January 1, 2019, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Service Fee 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 this prior year. The calculation shall be made using the month of October over the prior month of October or in the event there is a decrease in the CPI for any annual indexing, the Community Service Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. No building permits have been issued and, therefore, the Developer has not paid applicable community services fees. 6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places Fee (Art Fee) in effect at the time of building permit issuance for each building prior to the issuance of the building permit for that residential building within the Project consistent with City Resolution No. 2005-2408 or any Successor Resolution (1.0 percent of total building valuations excluding land value and off-site improvement costs). No building permits have been issued and, therefore, the Developer has not paid applicable art in public places fees. 6.10 Other Development and Processing Fees. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the Operative Date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as such fees are imposed on projects similar to the Project or on property similar to the Property. No building permits have been issued and, therefore, the Developer has not paid applicable development and processing fees. 6.11 Processing Fees. On the Operative Date, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, the Project Approvals and the MND. Developer has paid all applicable processing fees. 6.12 Landscape Maintenance Assessment District (LMD). Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project, Developer shall pay the City a Five Thousand Dollar ($5,000.00) LMD Formation Fee. The LMD shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to the exterior surface of the block walls and hardscape adjacent to Los Angeles Avenue, Spring Road and the southern boundaries of the Project. The City shall administer the annual renewal of the LMD, and any costs related to such administration shall be charged to the fund established for such LMD revenues and expenses. Developer agrees to cast affirmative ballots for the establishment of the LMD, and for annual increases in the assessments thereunder, for the purposes specified in this subsection. No Zoning Clearance has been issued, and therefore, the Developer has not paid applicable LMD Formation fees. 32 Honorable City Council 02/03/2021 Regular Meeting Page 8 No. Requirement Status Developer hereby waives any right it may have to contest or protest any such assessments or assessment increases. In the event that any such LMD has insufficient funds for its purposes, then Developer shall pay the funds required for the LMD costs within five (5) business days after written demand from the City. Developer shall be responsible for all LMD costs until acceptance of the Assessment District by the City. Developer acknowledges and agrees that the LMD will not be accepted by City until after the final occupancy is approved for the last residential dwelling unit in the Project and Developer has made all required LMD improvements in a manner that are acceptable to City’s Parks and Recreation Director and Developer has provided City with a deposit for the next subsequent twelve (12) months of LMD maintenance costs. Prior to approval of the first final map for the Project, the City Council at its sole discretion may determine that all or a part of the improvements planned to be included in the LMD may instead be placed in the Homeowners’ Association for the Project. 6.13 Densities Allowed for Development and Affordable Housing. (a) Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code, Government Code Sections 65915 through 65917.5 or both; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available, to provide fifteen (15) housing units, with a minimum of 1,500 square feet, affordable to low income households (not to exceed 80% of median income adjusted for family size). These fifteen (15) housing units may be referred to as affordable units or units affordable to low income households or required affordable units. (b) Developer explicitly acknowledges that its agreement to construct these affordable units is given both as specific consideration for both the density bonus and in general as consideration for City’s willingness to negotiate and enter into this Agreement and for the valuable consideration given by City through this Agreement. Developer further acknowledges that its agreement to construct these affordable units is not the result of an existing policy or regulation imposed by City but instead is the result of arm’s length negotiation between Parties. (c) Developer further agrees that it shall provide the required number of affordable housing units as specified above regardless of the cost to acquire or construct said housing units. Developer further agrees that City has no obligation to use eminent domain proceedings to acquire any of the required affordable housing units and that this Subsection 6.13 is specifically exempt from the requirements of Subsection 7.2. (d) Prior to recordation of the first Final Map for this Project, the parties agree to execute an Affordable Housing Purchase and Sale Agreement (Affordable Housing Agreement) that sets forth the Developer’s and City’s obligations and provides procedures and requirements to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. The Affordable Housing Agreement shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity (a) through (w), (y) and (z) No building permits have been sought, thus no progress has been made on the provision of affordable units of payment of related fees. (x) The required affordable units within the Project have been identified and approved with the RPD. 33 Honorable City Council 02/03/2021 Regular Meeting Page 9 No. Requirement Status share and second trust deed provision, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and/or assigns to this Agreement, quality of and responsibility for selection of amenities and applicability of home warranties to meet all or a portion of its obligation and any other items determined necessary by the City. Developer shall pay the City’s direct costs for preparation and review of the Affordable Housing Agreement up to a maximum of ten-thousand Dollars ($10,000.00). (e) All affordable units shall meet the criteria of all California Health and Safety Code statutes and implementing regulations pertaining to for-sale Affordable Housing units so as to qualify as newly affordable to low income households and to satisfy a portion of the City’s RHNA obligation. The affordable units required by this Agreement are consideration for City’s entry into this Agreement and therefor none of the affordable units shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent approvals required of City under this Subsection 6.13 shall be made at City’s sole discretion. If any conflict exists between this Agreement and the Affordable Housing Agreement required by and negotiated pursuant to this Agreement or the conditions of approval for Tentative Tract Map No. 5972 and/or RPD No. 2015-02, then the Affordable Housing Agreement shall prevail. (f) In the event the monthly HOA fees exceed two hundred dollars ($200.00), Developer shall deposit one hundred twenty dollars ($120.00) for each dollar or portion thereof of the monthly HOA fees that are in excess of two hundred dollars ($200.00) into a City administered trust account to assist with future HOA fees for each affected unit. (g) The Affordable Sales Price for low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (3) of California Health and Safety Code. Section 50052.5(h) of the California Health and Safety Code provides that an appropriate household size in terms of determining purchase price, is one more person than the number of bedrooms. This means that the pricing for a three (3) bedroom unit will be based on a household of four (4) regardless of the actual size of the household purchasing the unit. For example, the monthly “affordable housing cost” for a three (3) bedroom unit would be 30% times 70% of the current median income for a household of four (4) in Ventura County, divided by twelve (12). This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulation shown below (See Section 50052.5(c) of the Health and Safety Code). The Affordable Sales Price for a low income household purchasing a three (3) bedroom unit under current market conditions, based upon the following assumptions: 34 Honorable City Council 02/03/2021 Regular Meeting Page 10 No. Requirement Status Item Detail Amount 3 Bedroom Affordable Sale Price $191,000.00 Down Payment 5% of Affordable Sales Price $9,550.00 Loan Amount Affordable Sales Price less Down Payment $181,450.00 Interest Rate 4.50% Monthly Property Tax 1.25% of Initial Purchase Price 199.00 LMD Not Currently N/A HOA 200.00 Fire Insurance 60.00 Maintenance 30.00 Utilities 180.00 Low Income Buyer (h) The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price for a three (3) bedroom unit, mortgage interest rate of 4.50%, no mortgage insurance, property tax rate of 1.25%, based on Affordable Sales Price, homeowners’ association dues of $200.00 per month, fire insurance of $60.00 per month, maintenance costs of $30.00 per month, and utilities of $180.00 per month for a three (3) bedroom unit. (i) Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if “affordable housing cost”, as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Purchase and Sale Agreement negotiated pursuant to this Agreement shall address this potential change. Developer acknowledges that amounts listed in the “Low Income Buyer” table in Subsection 6.13(g), above, are for illustration purposes only and are subject to change. (j) In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size appropriate to the number of bedrooms in the unit being purchased by the City, consistent with all requirements of this Subsection 6.13. Developer agrees that, pursuant to City’s rights under this Agreement and/or the Affordable Housing Agreement and prior to and upon the sale of a required unit to a qualified buyer (or City in lieu of a qualified buyer as determined by City at its sole discretion), City may at its sole discretion take any actions and impose any conditions on said sale or subsequent sale of the unit to ensure ongoing affordability to low income 35 Honorable City Council 02/03/2021 Regular Meeting Page 11 No. Requirement Status households and related matters. After the sale of a housing unit by Developer to a qualified buyer (or City in lieu of a qualified buyer as determined by City at its sole discretion), City, not Developer, shall have sole responsibility for approving any subsequent sale of that housing unit. (k) Developer agrees that City shall be responsible at its sole discretion for marketing the affordable units, selecting and qualifying eligible buyers for these units, and overseeing the escrow processes to sell the affordable units to low income households, providing the forms of Deed of Trust, Promissory Note, Resale Refinance Restriction Agreement and Option to Purchase Property and Notice of Affordability Restriction on Transfer of Property and all necessary contracts and related documents to ensure that the referenced affordable units remain occupied by low income households for the longest feasible time (the “Affordability Documents”). Developer further agrees that the difference between the Affordable Sales Price (as referenced in this Agreement) paid by a qualified buyer and market value shall be retained by City as a second deed of trust. (l) Developer shall pay closing costs for each affordable unit, not to exceed eight thousand dollars ($8,000.00). Beginning January 1, 2019 and on January 1st for each year thereafter, the maximum eight thousand dollars ($8,000.00) to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the month of October. In the event there is a decrease in the CPI for any annual indexing, the closing costs for each affordable unit shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. The referenced Developer funded closing costs shall be for the benefit of qualified buyers (or City in lieu of qualified buyers if one or more of the required units are purchased by the City) in their acquisition of a unit from Developer not Developer’s acquisition of a unit from one or more third parties. The Developer’s escrow cost shall not exceed the then applicable maximum amount per unit regardless of the number of escrows that may be opened on a specific unit. (m) Developer warrants that the quality of materials and construction techniques of the affordable units sold to the qualified low income buyers, or City shall in all manner be identical to that of all other units constructed in this Project and subject to all Conditions of Approval and shall meet all Building Codes. (n) The City shall have the same choices of basic finish options as purchasers of market rate units in this Project and final walk-through approval of condition of unit before close of sale. Any basic finish options provided to buyers of market rate units shall be provided to City or buyer(s) of the affordable units, including but not limited to color and style choices for carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. City staff person responsible for affordable housing will select basic finish options for the affordable units. (o) Developer agrees that all warranties for the affordable units shall be the 36 Honorable City Council 02/03/2021 Regular Meeting Page 12 No. Requirement Status same or better than those for the market rate units, all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the affordable units and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The home warranties for the affordable units shall be the same duration as the warranties for the market rate units and not less than the maximum time required by State law but in no event less than ten (10) years. (p) Developer agrees to provide the same amenities for the affordable units (purchased by the low income buyer, or City) as those amenities that are provided for the market rate units. The amenities shall include but not be limited to concrete roof tiles; air conditioning/central heating; garage door opener; fireplaces; washer/dryer hook-ups; garbage disposal; built-in dishwasher, stove, oven and microwave; windows; wood cabinets; shelving; counter-tops; floor coverings; window coverings; electrical outlets, lighting fixtures and other electrical items; plumbing fixtures including sinks, bathtubs and showers; and door and cabinet hardware, and shall all be of the same quality and quantity as provided in the Project’s market rate units as determined by the City’s Community Development Director and City staff person responsible for City’s Affordable Housing Programs. (q) The floor plan and size of the units shall be approved by the Community Development Director and City staff person responsible for City’s Affordable Housing Programs, and include a downstairs bathroom. (r) The parties agree that prior to and upon the sale of an affordable unit to a qualified buyer or City, City may at its sole discretion take any actions and impose any conditions on buyer eligibility and on said sale or subsequent sale of the unit to ensure ongoing affordability to low income households and related matters. Developer agrees if it sells any of the affordable units directly to qualified low income buyers, all requirements of the buyer, including, but not limited to, completion of a City approved homebuyer education training workshop and the Affordability Documents, shall be included as a requirement of the sale. The language of all such documents shall be approved by City at its sole discretion. City has sole discretion in selecting lenders, escrow and title companies and real estate professionals to assist with the sale of the affordable units. (s) In the event City is unable to provide a qualified buyer when one of the low-income units has received final inspection approval, Developer shall be allowed to continue to obtain building permits and/or final inspection approval for the non-affordable units. Any low-income units remaining unsold six (6) months after the final inspection approval of the 95th unit will be purchased by the City, as provided for in the Affordable Housing Agreement. Developer is required to maintain low-income units in move-in condition until such time as the City finds a buyer. For purposes of this schedule, final inspection approval requires approval of the City’s Building Official and Community Development Director. (t) Developer also agrees that subsidiaries, divisions or affiliates of Developer may not be used to provide lending, escrow or other services relevant to the purchase transactions for the affordable units. (u) If a qualified low income buyer is identified by City prior to or at the time 37 Honorable City Council 02/03/2021 Regular Meeting Page 13 No. Requirement Status of final inspection approval of any of the affordable units, Developer shall open escrow for the sale of said unit as provided for in the Affordable Housing Agreement, and shall enter escrow directly with the buyer identified by City, and proceed to closing of said escrow. If a qualified low income buyer has not been identified at the time Developer receives final inspection approval for an affordable unit, City, at its option, may agree to purchase the affordable unit required to be provided by Developer for the amount and at the time as provided for in this agreement. Developer and City agree to use their best efforts to complete the close of escrow within forty-five (45) days of the final inspection approval of an affordable unit. (v) Developer shall satisfy all mechanic’s, laborer’s, material man’s, supplier’s, or vendor’s liens and any construction loan or other financing affecting any unit or lot in the Project which has been designated for an affordable unit, before the close of escrow for that affordable unit. (w) Developer agrees that the required construction of the low income affordable units must receive final inspection approval by Developer on terms consistent with this Agreement and the Affordable Housing Agreement as specified in the following schedule: Prior to Occupancy of Number of Affordable Units 40th Unit 4 60th Unit 4 85th Unit 4 90th Unit 3 Total 15 (x) The required affordable units within the Project shall be designated as unit (may also be referred to as pad or lot) numbers in the Buildings within the Project consistent with Exhibit “C” attached hereto and incorporated herein. The City Manager or the City Manager’s designee may approve in writing different unit numbers within the Project so long as the unit contains no less than 1,500 square feet. (y) Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the Project includes fifteen (15) residential dwelling units that will be sold to qualified low income households. The disclosures shall also state that these fifteen (15) residential dwelling units have deed restrictions recorded on their title that restrict the re-sale of these units only to qualified low income buyers. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosures. (z) In addition to the fifteen (15) affordable units required in Subsection 6.13 (a) above, Developer also agrees to pay a one-time In-Lieu Fee (In- Lieu Fee) equivalent to seventy-three percent (73%) of the actual differential value between the appraised value of a market rate unit and the actual calculated Affordable Sales Price consistent with this Subsection 6.13. The one-time In-Lieu Fee shall be paid in full prior to the issuance of the twentieth (20th) building permit for the Project. (For example, assuming 38 Honorable City Council 02/03/2021 Regular Meeting Page 14 No. Requirement Status an appraised value of Four Hundred Ninety Thousand Dollars [$490,000.00] for a market rate unit, the one-time In-Lieu Fee would be Two Hundred Eighteen Thousand Two Hundred Seventy Dollars [$218,270.00]). 6.14 Los Angeles Avenue Improvement. Within six (6) months of the Operative Date of this Agreement, Developer shall at its sole cost irrevocably offer to the City all rights of way, permanent easements and construction easements (Los Angeles Avenue Right-of-way) necessary for construction of the Project’s improvements (Improvements) on Los Angeles Avenue (SR118), herein after referred to as L.A. Avenue. Developer shall also clear the Los Angeles Avenue Right-of-way of all structures and other improvements to the satisfaction of the City Engineer/Public Works Director within six (6) months of the Operative Date of this Agreement. Within twelve (12) months of the Operative Date of this Agreement Developer shall have prepared improvement plans for the Improvements that are consistent with the City’s plans for its Los Angeles Avenue widening project (City Project) and Caltrans requirements as determined by the City Engineer/Public Works Director, and finalize plans for the Improvements so plans are submitted to Caltrans within eighteen (18) months of the Operative Date of this Agreement. Developer shall obtain a Caltrans encroachment permit for the construction of the Improvements and complete construction of the Improvements to the satisfaction of the City Engineer/Public Works Director no later than thirty (30) months from the Operative Date of this Agreement. Improvements shall include offsite transitions and sound wall construction as determined necessary by the City Engineer/Public Works Director and Caltrans. At City’s sole option, City may construct the Improvements and Developer shall reimburse City for all costs, including but not limited to construction, permits, contract administration, design, inspection, utility relocation and all other Caltrans requirements. Developer has provided a legal description for the dedication of the Los Angeles Avenue right-of-way to the City for review. Developer has not cleared the Los Angeles Avenue right-of-way of all structures and improvements. Developer has not prepared improvement plans. Development has not obtained Caltrans encroachment permit. 6.15 Annual Review Procedures. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved MND and MMRP. First annual review, February 3, 2021. 6.16 Eminent Domain. Developer agrees that any election to acquire property by eminent domain shall be at City’s sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. Developer has not requested eminent domain proceedings. 6.17 Street Improvement Standards. The street improvements for all streets scheduled for dedication to the City shall be designed and constructed by Developer to provide for a 50-year life as determined by the City Engineer. Developer has not submitted street improvements plans have not been submitted. 6.18 Implementation Plan. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the Developer agreements contained in this Agreement and in the conditions of approval for the VTTM and RPD. The plan shall address the entities responsible and method and timing of guarantee for each component of Developer’s obligations and is subject to City approval at its Developer has not submitted an Implementation plan. 39 Honorable City Council 02/03/2021 Regular Meeting Page 15 No. Requirement Status sole discretion. 6.19 Fee Protest Waiver. Developer agrees that any fees and payments pursuant to this Agreement and for the Project shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to Subsections 6.3, 6.4 and 6.8 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. No building permits have been sought, thus no fees have been paid. 6.20 CPI Indexes. In the event the “CPI” referred to in Subsections 6.3, 6.6, 6.7 and 6.8 or the Bid Price Index referred to in Subsections 6.4 and 6.7 are discontinued or revised, a successor index with which the “CPI” and or Bid Price Index are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the “CPI” and Bid Price Index had not been discontinued or revised. No fees have been paid that are subject to CPI. 6.21 Future Trail Connection to Spring Road. Developer shall at its cost construct a concrete ramp from the sidewalk on the Spring Road frontage of the Project to proposed future trail on the levee road of the Arroyo Simi. The connection shall be constructed consistent with requirements as determined by City Parks and Recreation Director, City Engineer and Ventura County Watershed Protection District. The Connection shall be constructed at a time determined by the City Council but in no event later than occupancy of the 45th unit in the Project. Developer has not submitted plans to construct a concrete ramp. 6.22 City Ability to Modify. Developer acknowledges the City’s ability to modify the development standards and to change the General Plan designation and zoning of the Property upon the termination or expiration of this Agreement (if the Project has not been built), and Developer hereby waives any rights they might otherwise have to seek judicial review of such City actions to change the development standards, General Plan designation and zoning to those development standards and density of permitted development to that in existence prior to the approval of GPA 2015-02 and ZC 2015-03. Developer acknowledges the City’s ability to modify. 6.23 Homeowners Association. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall form one or more property owner associations to assume ownership and maintenance of private recreation, private streets, parking lots, landscape areas, flood control and NPDES facilities and other amenities within the Project. The obligation of said Homeowners Associations shall be more specifically defined in the conditions of approval of the first tentative tract or parcel map for the property. A Final Map has not been processed and Developer has not formed an owner association. City Compliance with Terms of Agreement The City’s responsibilities are contained in Section 7 of the Development Agreement and include provisions 7.1 through 7.6 summarized below. No. Requirement Status 7.1 Commitment of Resources. At Developer’s expense, City shall commit reasonable time and resources of City staff to work with Developer on the processing of applications for Project Approvals and all Subsequent Approvals and Building Permits for the Project area and if requested in writing by Developer shall use overtime and independent contractors whenever possible. City has complied. 40 Honorable City Council 02/03/2021 Regular Meeting Page 16 No. Requirement Status 7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer and limited to City’s legal authority, City at its sole and absolute discretion shall proceed to acquire, at Developer’s sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of 15% on all out-of-pocket costs. To date, no such request has been received. 7.3 Concurrent Entitlement Processing. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the Project so long as the application for such entitlements are “deemed complete” in compliance with the requirements of Chapter 4.5 Review and approval of Development Projects (Permit Streamlining Act) of the California Government Code. City has complied. 7.4 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of this Agreement meets all of Developer's obligations under applicable law for park land dedication. City has complied. 7.5 Reimbursements from other Developments. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map, development permit or development agreement with one or more other developers and at City’s discretion may include provisions requiring such reimbursement to Developer for the same in such other development project conditions of approval. To date, no such request has been received. 7.6 Early Grading Agreement. The City Manager is authorized sign an early grading agreement on behalf of the City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the Project approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a performance bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading; construction of on-site and off-site improvements consistent with the City Council approved Project and Tentative Map. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. To date, no early grading agreement has been requested by Developer. Evaluation of Good Faith Compliance The applicant is seeking to abandon the existing entitlements and plans to propose a new residential project for the site. A legal description of dedication for the Los Angeles Avenue right-of-way has been submitted by the applicant, and reviewed by the City. The right-of-way dedication process is underway and the applicant understands that the right-of-way dedication would be a requirement of any future project on the site and thus is complying in good faith on this item. 41 Honorable City Council 02/03/2021 Regular Meeting Page 17 NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on January 24, 2021. 2. Mailing. The notice of the public hearing was mailed on January 21, 2021, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3. Sign. One 32 square-foot sign was placed on the street frontage on January 24, 2021. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Submitted: December 8, 2020 Date Application Determined Complete: January 7, 2021 City Council Action Deadline: July 6, 2021, pursuant to the Permit Streamlining Act, however, the CUP is set to terminate on February 20, 2021. ENVIRONMENTAL DETERMINATION In accordance with the City’s environmental review procedures adopted by resolution, the Community Development Director or designee determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. 42 Honorable City Council 02/03/2021 Regular Meeting Page 18 Pursuant to Section 15301 of the California Environmental Quality Act, existing facilities where there is no expansion or intensification of use are exempt from environmental review. The subject request to extend the duration of an existing outdoor RV storage use is consistent with this exemption. Therefore, the Community Development Director has determined that no further environmental review is required. FISCAL IMPACT There are no fiscal impacts associated with this request. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. 2021-____ approving a time extension of Conditional Use Permit No. 2012-03 to March 31, 2023. Attachment 1: Resolution No. 2013-3165 (CUP No. 2012-03) Attachment 2: Stipulation to Entry of Abatement Warrant and Order, dated April 22, 2013 Attachment 3: Settlement, Waiver and Release Agreement, dated April 24, 2013 Attachment 4: Covenants Regarding City of Moorpark CUP No. 2012-03, dated April 24, 2013 Attachment 5: Resolution No. 2017-3647 (Adoption of a MND and MMRP and approving GPA No. 2015-02) Attachment 6: Resolution No. 2017-3648 (Approving RPD No. 2015-02 and VTTM No. 5972 Attachment 7: Ordinance No. 458 (Adopting Zone Change No. 2015-03) Attachment 8: Ordinance No. 459 (Approving Development Agreement 2018-01) Attachment 9: Resolution No. 2018-3664 (Extending CUP No. 2012-03 to February 20, 2021) Attachment 10: CUP Extension Request, dated January 15, 2021 Attachment 11: Draft Resolution granting extension of CUP No. 2012-03 to March 31, 2023) 43 RESOLUTION NO. 2013-3165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2012-03 TO ALLOW AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY AT 4875 SPRING ROAD, ON THE APPLICATION OF BANNY ANDERSON (FOR MOORPARK RV AND STORAGE) WHEREAS, at a duly noticed public hearing held on September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council considered Conditional Use Permit (CUP) No. 2012-03 on the application of Banny Anderson (for Moorpark RV and Storage) to allow an outdoor recreational vehicle storage facility at 4875 Spring Road; and WHEREAS, at its meetings of September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2012-03 and related approvals allows for the continuation of an existing recreational vehicle storage use of the property with no expansion or addition to the use or its operation on the property. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The City Council has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. CHANGE OF NONCONFORMING USE FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds in accordance with City of Moorpark, Municipal Code Section 17.52.060(C)(2) that the existing recreational vehicle storage yard use, with no changes in proposed operations and with special and standard conditions of approval incorporated as shown in Exhibit A, would have no greater impact than the previous nonconforming contractor's storage yard, that it is similar in use to the contractor's storage yard, and it is not considered an expansion of the previous contractor's storage yard. ATTACHMENT 1 44 Resolution No. 2013-3165 Page 2 SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1.The proposed continuation of the recreational vehicle storage use as conditioned is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the City Council has determined that this use will have no greater impact than the previous nonconforming contractor's storage yard use, is similar to the previous nonconforming contractor's storage yard use, is not considered as an expansion of the previous nonconforming contractor's storage yard use, and is conditioned to have a term of 5 years with one possible 5-year extension; 2.The proposed continuation of the recreational vehicle storage use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that conditions of approval including landscaping and removal and/or screening of razor wire and barbed wire have been included to mitigate impacts on neighboring land uses; 3.The proposed continuation of the recreational vehicle storage use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the site as a result of the application other than enhanced landscaping and removal and/or screening of razor wire and barbed wire, which would improve the compatibility of the proposed use with the scale, visual character, and design of surrounding properties; 4.The proposed continuation of the recreational vehicle storage use as conditioned would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been included so that the barbed wire and razor wire will be removed when the adjacent residential property west of the project site is developed and the barbed wire and razor wire along the Spring Road frontage will either be removed or screened from view; and 5.The proposed continuation of the recreational vehicle storage use without any vesting right to the use beyond the termination date with conditions of approval including a maximum 5-year term with one possible 5-year extension, enhanced landscaping, and removal and/or screening of the barbed wire and razor wire with removal at the end of the use ensure that the use would not be detrimental to the public health, safety, convenience, or welfare. 45 Resolution No. 2013-3165 Page 3 SECTION 4. CITY COUNCIL APPROVAL: the City Council hereby approves Conditional Use Permit No. 2012-03 for a five (5) year period ending March 20, 2018, with the right for the applicant to apply for another five (5) year extension, subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 5. EFFECTIVE DATE: The City Council's Approval of Conditional Use Permit No. 2012-03 shall not become effective unless and until the applicant signs an Affidavit of Acceptance of the terms and conditions of Conditional Use Permit No. 2012-03. If the applicant does not sign and submit to the City a signed and notarized Affidavit of Acceptance within thirty (30) days of City Council approval of Conditional Use Permit No. 2012-03, the City Council approval action becomes null and void. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of March, 2013. ATTEST: Maureen Benson, City Clerk Exhibit A -Standard and Special Conditions of Approval 46 Resolution No. 2013-3165 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP} No. 2012-03 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1 . The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2.The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3.Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4.Nothing in this permit or its Conditions of Approval precludes the City from enforcing the Municipal Code with respect to any violations which may occur on the property affected by this permit. 5.The applicant 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 permit, which claim, action or proceeding is brought within the time period provided therefore in California Code of Civil Procedure Section 1094.6 or California Government Code Section 65009, whichever is shorter. The City will promptly notify the applicant 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 applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 47 Resolution No. 2013-3165 Page 5 a.The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i.The City bears its own attorney fees and costs; ii.The City defends the claim, action or proceeding in good faith. b.The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 6.If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7.The develop ment must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2012-03, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. Storage in the yard shall be limited to recreational vehicles, including motor homes, travel trailers, boats and personal watercraft on trailers, and off­ road vehicles on trailers intended for personal (non-commercial) use. Storage containers not used for the operation and maintenance of the recreational vehicle storage yard, inoperable vehicles, and commercial vehicles shall be removed from the site within one-hundred and eighty ( 180) days of the issuance of this Conditional Use Permit. 8.Landscaping shall be provided and continuously maintained in the area between the wall adjacent to Spring Road and the sidewalk. If the razor/barbed wire along the Spring Road frontage is to be maintained by the applicant for the duration of this permit, plant materials shall be of sufficient size and spacing to provide rapid screening of the razor wire and barbed wire so that it would not be visible from the public right-of-way. If the razor wire and barbed wire is removed in this area, only ground cover is necessary between the wall and sidewalk. Within thirty (30) days of approval, a landscaping plan showing landscaping in the area between the perimeter wall and the sidewalk on Spring Road, shall be submitted for review and approval by the Community Development Director. Such landscaping shall be installed within sixty (60) days of approval of the plan. 9.A separate sign permit application is required for all proposed signs. 48 Resolution No. 2013-3165 Page 6 10.All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 11.There shall be no maintenance of recreational vehicles, including washing or changing of propane tanks, on site. The existing dump station may not be used at any time under this permit and must be capped and removed with all necessary permits by the City and Waterworks District No. 1 and all fees and fines for its prior operation paid to Waterworks District No. 1 within thirty (30) days of approval of this Conditional Use Permit. A new dump station that complies with all current standards and permitting requirements is allowed under this Conditional Use Permit provided that all necessary building permits are obtained and the facility is constructed and operated in compliance with NPDES standards. An operational plan is required to demonstrate proper maintenance prior to issuance of a Zoning Clearance for construction of a new dump station. 12.Conditional Use Permit No. 2012-03 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 13.The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 14.If the easterly wall on the adjacent residential property west of the subject site is constructed prior to the expiration of this Conditional Use Permit, any barbed wire strands, razor wire, and/or concertina wire ( coiled barbed wire) adjacent to the residential development shall be removed by the applicant within thirty (30) days of notification by the Community Development Director. 15.At the end of the term of this CUP or if use is vacated earlier, whichever comes first, all barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) shall be removed within thirty (30) days of notification by the Community Development Director. Any razor or barbed wire that is removed may only be replaced by fencing that conforms with the standards of the Zoning Ordinance at the time of installation. 16.No vested right to any use or uses allowed by this permit shall apply or exist beyond the termination date of this permit as follows. All recreational vehicle and 49 Resolution No. 2013-3165 Page 7 outdoor storage allowed by this Conditional Use Permit must cease by February 20, 2018, and the site must be restored or converted to a conforming use by this date. The City Council may extend the term of this Conditional Use Permit by one additional five (5) year period to February 20, 2023 if upon receipt of an application for extension from the operator not less than sixty (60) days prior to expiration, the City Council finds the use to be in conformance with all conditions of approval. 17.Leasing of the administration building for other uses during the term of this Conditional Use Permit is limited to office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director. A Zoning Clearance and a Business Registration Permit are required for each tenant use prior to occupancy. 18.In the event of a direct conflict between these Standard and Special Conditions of Approval and the Settlement, Waiver, and Release Agreement between the City of Moorpark, AC Construction, and Moorpark RV, LLC, submitted and executed by the applicant on March 20, 2013, the terms of the Settlement, Waiver, and Release Agreement shall control. -END- 50 Resolution No. 2013-3165 Page 8 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2013-3165 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of March, 2013, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of April, 2013. Maureen Benson, City Clerk (seal) 51 z z a2 :::c: � V) 0 0:: � LJ.J 8 I.!) ... -z z 2 0� V) � !;;: !f3: -:= -31: V) :50 !;j:0:: VI <C � :::c: � uo-I::0:: < �I! �� 1 KEVIN G. ENNIS· CITY ATTORNEY 2 CITY OF MOORPARK 3 RICHARDS, WATSON & GERSHON A Professional Corporation 4 KEVIN G. ENNIS (Bar No. 123065) kennis@rwglaw.com 5 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 6 Telephone: 213.626.8484 Facsimile: 213.626.0078 7 Attorneys for Applicant 8 CITY OF MOO RP ARK 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF VENTURA IN THE MATTER OF THE Case No. APPLICATION OF THE CITY OF MOORPARK TO ABATE A PUBLIC STIPULATION TO ENTRY OF NUISANCE ON PROPERTY LOCATED ABATEMENT WARRANT AND ORDER AT 4875 SPRING ROAD, MOORPARK (APN 506-0-020-640). [Exempt from filing fees pursuant to Govt. Code§ 6103) STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-00 I 5\ I 540546v2.doc ATTACHMENT 2 52 1 WHEREAS, AC Construction, Inc. ("AC"), a California Corporation, is the fee 2 simple owner of Assessor's Parcel No. 506-0-020-640, consisting of approximately 3 296,905 square feet (6.81 acres) of property located on the west side of Spring Road 4 adjacent to the Arroyo Simi and commonly known as 4875 Spring Road, Moorpark, 5 California 93021 (the "Property"); and 6 WHEREAS, Moorpark RV, LLC ("Moorpark RV") is the owner of the recreational 7 vehicle storage business that is operated on the Property; and 8 WHEREAS, AC may convey all right, title and interest in the Property to Stephen R. 9 Anderson Trust of 1987 or other related entity; and 10 WHEREAS, at the request of AC and Moorpark RV, the City of Moorpark (the z � 11 "City") has considered an application for Conditional Use Permit ("CUP") No. 2012-0 3 0 � � f 12 related to the Property; and w 8 � � 13 WHEREAS, AC and Moorpark RV have agreed that, if approved, CUP No. 2012-03 z !2 0 � t/"I � 14 would expire not later than March 31, 2023 and that no vested right to any use or uses � � � Z 15 would apply or exist beyond March 31, 2023; and ti) :5 � � 16 WHEREAS, AC and Moorpark RV agreed to cease certain operations and remove <( UJ :c � u O 17 certain materials, equipment, and recreational vehicles by March 31, 2023, as specified inc2 � �I! 18 the "Settlement, Waiver and Release Agreement Between the City of Moorpark, AC:1a� 19 Construction, Inc. and Moorpark RV, LLC" (the "Settlement Agreement"); and 20 WHEREAS, as part of the Settlement Agreement, AC and Moorpark RV agreed that 21 in the event that one or both of them breached the terms or conditions of CUP No. 2012-03, 22 including but not limited to the requirement to cease use of the Property for recreational 23 vehicle storage and related office uses by March 31, 2023, as specified in the Settlement 24 Agreement, the City may proceed immediately to enforce the terms of CUP No. 2012-03, 25 the Settlement Agreement, or both; now, therefore: 26 IT IS HEREBY STIPULATED between AC and Moorpark RV on the one hand, and 27 the City on the other hand, through their undersigned counsel, as follows: 28 1. In the event that AC or Moorpark, or either of them, breaches the terms and -2-STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-0015\1540546v2.doc 53 1 2 3 4 5 6 7 8 9 10 z z 11 0 g:I: �. 12 V') 0 a:: g.UJ 8 l.!:> ;;! 13 -z z S! 0 ::l 14 V') � � � � 'f 15 -3: V') s C !c 16 a:: V1 <( i:; :I: � 17 uo- I= a:: < !!?.11! 18 �� 19 20 21 22 23 24 25 26 27 28 Dated: Dated: 2. 3. 4. conditions of CUP No. 2012-03, including but not limited to the requirement to cease use of the Property for recreational vehicle storage and related office uses by March 31, 2023, and as determined by the City, the City may file with the Court this Stipulation to Entry of Abatement Warrant and Order. The City will be permitted to enter onto the Property to take action to preclude and/or abate such violations, including but not limited to violations of CUP No. 2012-03; Paragraph C, Section 1 of the Settlement Agreement; or both. The City may use reasonable force as necessary to enter onto the Property to abate the violations. AC and Moorpark expressly waive their right to contest the jurisdiction of this Court to issue, or the good cause for the issuance of, a Nuisance Abatement Warrant to abate the violations. -�_,_/._.#�fl-�, 2013 RICHARDS, WATSON & GERSHON A Professional Corporation KEVIN G. ENNIS By: KEVIN G. ENNIS Attorneys for Applicant CITY OF MOO RP ARK BANNY ANDERSON By:B���✓ AC CONSTRUCTION, INC. -3-STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER l2853-0015\l540546v2.doc 54 1 2 3 4 5 6 7 8 9 10 z z 11 0 Q !.c:c: "" 12 (J') 0 0::: � LLI 8 l!) ..... 13 -z z Q 0 � 14 (J') � �� 3:-:= 15 -31: (J') =50 !.c 16 0::: "' <( it :c: z u � 1702 ��!! 18 �� 19 20 21 22 23 24 25 26 27 28 Dated: .J/·/P --L._.<....;:;.__ _ _,, 2013 BANNY ANDERSON By:� B�YAND� anager MOORPARK V, LLC -4-STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-00 I 5\I 540546v2.doc 55 SETTLEMENT, WAIVER AND RELEASE AGREEMENT Between the City of Moorpark, AC Construction, Inc and Moorpark RV LLC. THIS SETTLEMENT, WAIVER AND RELEASE AGREEMENT (this "Agreement") is made and entered into as of the �"fl-A day of !)p.rJ/ 2013, by and between the CITY OF MOORPARK, CALIFORNIA,ageneral law city ("City"), on the one hand, and AC CONSTRUCTION, INC.("AC"), a California Corporation, and MOORPARK RV, LLC, "Moorpark RV"), on the other hand, with reference to the following facts and circumstances. City, AC and Moorpark RV may hereinafter be referred to individually as "Party" and collectively as "Parties." RECITALS WHEREAS, AC is currently the fee simple owner of Assessor's Parcel No. 506-0-020-640 consisting of approximately 296,905 square feet (6.81 acres)located on the west side of Spring Road adjacent to the Arroyo Simi and commonly known as 4875 Spring Road, Moorpark, California 93021 (hereinafter sometimes referred to as the "Property"); and WHEREAS, Moorpark RV is the current owner of the recreational vehicle storage business that is operated on the Property. WHEREAS, AC may convey all right, title and interest in the Property to Stephen R. Anderson Trust of 1987 or other related entity ("Anderson.") WHEREAS, City was officially incorporated as a City on July 1, 1983; and WHEREAS, prior to City's incorporation, the Property was used as a contractor's storage yard with a contractor's office building; and WHEREAS, on December 19, 1988, the City Council of the City adopted Ordinance No. 115 approving a zoning map for the City. The Property was zoned Commercial Planned Development (CPD); and WHEREAS, on or about October 7, 1994, the City Community Development Director issued Zoning Clearance No. 94-231 to allow AC and Moorpark RV to replace the existing legal non-conforming use of a portion of the Property from a contractor's storage yard to recreational vehicle storage, and on or about November 28, 1994, the City Community Development Director issued Zoning Clearance No. 94-267 superseding Zoning Clearance No. 94-231; and WHEREAS, on October 16, 1996, the City Council adopted Resolution No. 96-1237 which authorized continuation of the recreational vehicle storage on the Property until 30 days after City Council action on a Zoning Ordinance Amendment pertaining to use of the Property not to exceed one year; and 1 ATTACHMENT 3 56 WHEREAS, upon Moorpark RV's application for an amendment to City's Zoning Ordinance and after a recommendation for approval by the City Planning Commission, the City Council on March 19, 1997, adopted Ordinance No. 225 to amend Subsection (c) (2) of Section 17.52.060 of the Moorpark Municipal Code to allow a change of use of an existing legal non-conforming use to a similar use with approval of a City Council approved Conditional Use Permit (CUP); and WHEREAS, on or about May 27, 1998, Moorpark RV submitted a pre­ application for a CUP for use of the Property for a recreational vehicle storage yard; and WHEREAS, on or about July 21, 1998, the City Community Development Director issued a comment letter on the pre-application; and WHEREAS, at some point around 1999, Moorpark RV added a dump station that was constructed without required City approvals or building permits and was connected to the Waterworks District No. 1 sewer system without required permits; and WHEREAS, on or about November 30, 2000, LT Development, LLC, filed an application for a General Plan Amendment (GPA) Pre-Screening to change the planned land use of an adjacent parcel (Coast Auto Salvage) from General Commercial to Very High Density Residential; and WHEREAS, on or about June 6, 2001, the City Council authorized the processing of a GPA application for LT Development, provided that it includes the Moorpark RV property. In the staff report, Director of Community Development Wayne Loftus provided a memo as an attachment outlining the permit status of the recreational vehicle storage yard, which indicated that the site does not possess a CUP as required for its use, and that the applicant should seek a CUP if the requested (General Plan Amendment) designation does not occur; and WHEREAS, although LT Development did not proceed with an application for a General Plan Amendment, on or about July 29, 2004, Centex Homes filed an application for a General Plan Amendment Pre-Screening to change the General Plan land use designation of the Moorpark RV site from General Commercial to Very High Density Residential to build 48 homes. This application was subsequently amended to include adjacent commercial property used for a nail salon and a total of 66 homes were proposed; and WHEREAS, on or about September 21, 2005, the City Council authorized the processing of a General Plan Amendment for the Centex Homes project as revised; and WHEREAS, on or about September 28, 2005, Centex Homes filed applications for a General Plan Amendment, Zone Change, Tentative Map, and Residential Planned Development Permit were submitted for a 66-unit housing 2 57 project on the Moorpark RV and adjacent nail salon sites. The applications were deemed incomplete, and the application was closed by City staff on March 9, 2006, for inaction on the incompleteness items; and WHEREAS, on or about December 2, 2011, Stephen Anderson, one of the owners of Moorpark RV made an inquiry to City staff on the permit status of the Moorpark RV property; and WHEREAS, on or about January 24, 2012, the City Community Development Director, upon the verbal request of Stephen R. Anderson, issued a letter clarifying numerous options pertaining to the Property and concluded that a City Council-approved CUP is still required for the storage of recreation vehicles on the Property; and WHEREAS, a dispute has arisen between the Parties in that: (i) City contends that absent the issuance of the CUP, AC and Moorpark RV have no lawful ability to maintain and use the Property as a recreational vehicle storage yard and that such use has been fully amortized and should be compelled to cease immediately; and (ii) AC and Moorpark RV assert that they have the right to continue use of the Property for a recreational vehicle storage yard permanently (collectively the "Dispute"); and WHEREAS, in an attempt to compromise the Dispute, on April 17, 2012, Moorpark RV submitted an application with City for CUP No. 2012-03 to allow the use of the Property for recreational vehicle storage; and WHEREAS, City staff has evaluated proposed CUP No. 2012-03 and this Agreement pursuant to the requirements of the California Environmental Quality Act ("CEQA") and determined that the approval of CUP No. 2012-03 and this Agreement as categorically exempt from CEQA as a Class I (Existing Facilities) exempt project pursuant to State CEQA Guidelines Section 15301 on the basis that the project involves an existing facility that is not proposed to be expanded beyond what is currently existing on the property; and WHEREAS, the Property is currently being used by AC and Moorpark RV as a recreational vehicle storage yard with an associated office use; and WHEREAS, the Property currently has a General Plan land use designation of C-2 (General Commercial) and Floodway and currently is zoned CPD (Commercial Planned Development); and WHEREAS, after several continued public hearings and extensions of time agreed to by City and Moorpark RV, the City Council is scheduled to conclude the public hearing on CUP No. 2012-03 on March 20, 2013 and to take action on that application on that date; and 3 58 WHEREAS, the City recognizes that AC, Moorpark RV and their successors in interest have the ability to apply for other land use approvals for the Property in the future in accordance with the Moorpark Municipal Code. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties hereto that all claims, contentions, allegations and causes of action which are contained or alleged, or which could have been raised, in connection with the Dispute, are to be compromised and settled without any admission of liability or concession by any Party that the contentions of the other Party are correct, on the following terms: 1.CUP NO. 2012-03 AND RELATED PROVISIONS A.City agrees that it will process, set for public hearing, and present to the City Council for its consideration, CUP No. 2012-03. In the event the City Council, in the exercise of its independent judgment, following a noticed public hearing and the taking of all applicable evidence, approves CUP No. 2012-03, then upon the effective date of the City Council's approval, and upon AC's and Moorpark RV's written approval of all Conditions of CUP No. 2012-03, AC and Moorpark RV agree to comply with the terms, conditions and limitations of City CUP No. 2012-03. Upon its approval by the City Council, a true and correct copy of the approved CUP No. 2012-03 shall be attached to this Agreement as Exhibit A and made a part hereof, as though fully set forth herein. B.Nothing contained herein shall require the City Council to approve CUP No. 2012-03 and the Parties acknowledge that the City Council expressly reserves all rights, obligations and discretion to approve or disapprove the CUP as required by law. C.Without limiting the contents of CUP 2012-03, and by way of example and to supplement its terms, upon City's approval of CUP No. 2012-03, and upon AC's and Moorpark RV's written approval of all Conditions of CUP No. 2012-03, AC and Moorpark RV hereby expressly agree that: (1)CUP No. 2012-03 shall expire no later than March 31, 2023 as provided for in the Conditions of Approval adopted as part of that CUP (the "Termination Date"). No vested right to any use or uses provided by CUP 2012-03 shall apply or exist beyond the Termination Date of that CUP and AC and Moorpark RV hereby expressly waive, release and forever forfeit any such vested right, or any claim of entitlement of whatever kind, to continue such use or uses beyond the Termination Date of the CUP. AC and Moorpark RV, and any successor in interest to the Property or to Moorpark RV shall not be entitled to any extension to the time limit imposed by CUP No. 2012-03, and shall not seek any such time extension or a new Conditional Use Permit or other land use approval to continue recreational vehicle storage uses on the Property, regardless of 4 59 the land use, zoning, and Moorpark Municipal Code provisions that may be applicable to the Property at any time. (2)The parking, standing or storage of any recreational vehicles, and their equipment or materials of any kind, on the Property, whether in conformance with CUP No. 2012-03 or not, shall cease and all such items shall be removed from the Property no later than the Termination Date. (3)All barbed and razor wire shall be removed from the perimeter fences and walls of the Property no later than the Termination Date. (4)By April 30, 2013, the existing sewage dump facility shall be removed and the sewer capped as required by Waterworks District No. 1. Any replacement sewage dump facility on the Property shall be constructed in compliance with all applicable City, county, state and federal standards and shall be removed by April 20, 2023 in compliance with all applicable City, county, state and federal standards. (5)By April 20, 2023, the existing metal and stucco storage building on the Property shall be demolished and all debris removed in compliance with all applicable City, county, state and federal standards. (6)On and after the Termination Date, any and all uses of the Property such shall conform to the then applicable zoning requirements of the Property. (7)Prior to entering escrow to sell any or all portions of the Property, the business, or both the Property and business, AC and Moorpark RV, or its successors in interest, shall provide any proposed buyer thereto a copy of CUP No. 2012-03, this Agreement and any amendments thereto. AC and Moorpark RV will notify City in writing no less than ten (10) days prior to the close of escrow of the proposed sale or proposed lease of, any or all portions of the Property, business, or both the Property and the business. (8)Sections 17.52.020 (Nonconforming Structures), 17.52.040 (Nonconforming uses due to changes in parking requirements), Subsections (A) and (B) of Section 17.52.060 (Other nonconforming uses (no longer permitted)), and 17.52.065 (garage conversions - grandfathered), as currently stated or as hereafter may be amended, shall not apply to the uses or structures on the Property, and reliance upon or adherence to, such provisions is expressly waived, released and forfeited by AC and Moorpark RV. (9)After the Termination Date, AC and Moorpark RV, may use the existing office building on the Property for office uses not related to the 5 60 former contractors' equipment storage yard or the former recreational vehicle storage use of the Property and only in compliance with then applicable zoning permitting requirements and standards, including but not limited to, standards related to use, parking, landscaping, lighting and driveway access. (10)Any proposed residential use of the Property shall require a Development Agreement consistent with Chapter 15.40 of the Moorpark Municipal Code, as currently stated or as hereafter may be amended by the City. (11)Prior to or after the Termination Date, AC and Moorpark RV may not use the Property for a contractors' equipment storage yard. In addition, AC and Moorpark RV may not use the property for any other use that is contrary to the terms of CUP No. 2102-03 or not in compliance with all required permits and approvals as required by the Moorpark Municipal Code. (12)Prior to the Termination Date, the Property or any portion thereof, including any structures on the Property, may not be leased for any use or business, other than the recreational vehicle storage business and office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director as authorized by CUP No. 2012-03. (13)City development impact fees shall not apply to CUP No. 2012-03 for the current legal non-conforming recreation vehicle use and related office use of the Property but shall apply to any other use of the Property in the future (whether before or after the Termination Date) that requires a discretionary permit or entitlement from the City, including but not limited to, a development agreement, planned development permit, or subdivision map approval. At such time as a discretionary permit or entitlement is approved by City, AC and Moorpark RV, for themselves and their successors in interest, agree 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. Those fees include, but are not limited to, Los Angeles Avenue Area of Contribution Fee, Development Fee, Citywide Traffic Fee, Intersection Improvement Fees, Community Services Fee, Park Fee, Art in Public Places Fee, Air Quality Fee, Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, Landscape Maintenance Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements, and such future fees imposed as determined by City in its sole discretion so long as said fee is generally imposed on similarly situated properties. (14)Any future changes to the signage, lighting, parking, landscaping, fencing, or other development changes not addressed in this 6 61 Agreement or in CUP No. 2012-03 shall conform to the then applicable City ordinances and zoning for the Property. (15)Concurrently with the execution of this Agreement, AC and Moorpark RV shall execute and present to the City for the City to record against the Property, a covenant containing the provisions of this Paragraph C of this Section, in the form and content approved by the City, and which shall be attached at Exhibit C to this Agreement. This covenant shall run with the land, be binding on all successors in interest to the Property, and shall provide notice of the provisions of this Agreement. (16)AC and Moorpark RV agree to pay City Two Thousand Three Hundred and Fifty Dollars ($2,350.00) by April 30, 2013 for approximately eight (8) businesses that were leasing space from AC and/or Moorpark RV at 4875 Spring Road for a cumulative time of approximately 47 years and had not paid City Business Registration Permit fees. D.Upon approval by the City Council of CUP No. 2012-03, City accepts the current conditions of the Property with respect to front yard setback, driveway, pavement material, lighting, parking, fencing (except for the razor/barbed wire along the Spring Road frontage,) and landscaping as being permitted pursuant to, or not in violation of, CUP No. 2012-03. E.Pursuant to the terms of this Agreement and subject to the conditions of CUP No. 2012-03, City recognizes the legal non-conforming recreational vehicle storage and the supporting and related office use on the Property up to March 31, 2023. F.City shall not apply any City development fees to the uses and structures allowed pursuant to CUP No. 2012-03. 2.EFFECTIVE DATE. This Agreement is contingent upon the approval by the City Council of CUP No. 2012-03, and the execution of the Affidavit of Acceptance of CUP No. 2012-03 by Moorpark RV and AC, and shall take effect upon the latter of the following events: (a) the execution of this Agreement by the last of the Parties to this Agreement; and (b) the effective date of CUP No. 2012-03. In the event this Agreement is executed but then the City Council does not approve CUP No. 2012-03, and/or Moorpark RV and AC do not execute an Affidavit of Acceptance of the Conditions of Approval of CUP No. 2012-03, this Agreement shall be null and void. 3.RELEASE BY AC AND MOORPARK RV. This Agreement shall serve as a full release and discharge by AC and Moorpark RV, on behalf of themselves, their Trustors, Trustees, beneficiaries, heirs, owners, officers, directors, employees, agents, contractors, attorneys, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the 7 62 City, its City Council and each present and former member thereof, and its officials, employees, consultants, contractors, attorneys, agents, assigns, (collectively the "AC and Moorpark RV Releasees"), from all claims or cross­ claims and from all causes of action, attorneys' fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, reimbursements, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, known or unknown, at law or in equity, including, but not limited to inverse condemnation, that AC and/or Moorpark RV have or could have asserted (a) in connection with or arising out of the Dispute; and (b) any challenge to the terms or conditions of CUP No. 2012-03, the environmental review and documentation in connection with CUP No. 2012-03 or any related approval or denial. AC and Moorpark RV, hereby covenant not to bring any action against City to (a) attack, review, set aside, void, or otherwise annul the City processing of or action on the CUP or this Agreement, in whole or in part, or (b) recover any compensation or obtain any relief for any injury, damage, loss, or deprivation of any right alleged to have been sustained as a result of the actions set forth in or related to the Recitals, City's action on the CUP or of this Agreement. 4.RELEASE BY CITY. This Agreement shall serve as a full release and discharge by City, on behalf of itself, its City Council, officers, employees and agents, in consideration of the mutual covenants and promises contained herein, of AC and Moorpark RV, its Trustors, Trustees, beneficiaries, heirs, owners, officers, directors, employees, agents, contractors, attorneys, and successors in interest, (collectively the "City Releasees"), from all claims or cross-claims and from all causes of action, attorneys' fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, reimbursements, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, known or unknown, at law or in equity, that City has or could have asserted in connection with or arising out of the Dispute. 5.NO ADMISSION OF LIABILITY. Each of the Parties acknowledges that this Agreement relates to the settlement of disputed claims. Therefore, it is agreed that this Agreement is not to be construed as an admission of liability by any of the Parties to this Agreement, which liability is specifically denied and each Party acknowledges that the other Party has denied any and all wrongdoing and liability relating to the Dispute. 6.AFTER DISCOVERED FACTS OR LAW. Each Party acknowledges that it is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the Dispute resolved hereby. Nevertheless, this Agreement shall be, and remain, in effect as a full and complete release as to the Dispute, notwithstanding the discovery or existence of any such additional claims or facts. 8 63 7.RESERVED GOVERNMENTAL AUTHORITY. Except as otherwise expressly provided in this Agreement, nothing in this Agreement or in CUP No. 2012-03 shall exempt or immunize AC or Moorpark RV from compliance with any applicable City, county, state or federal law which a county, state or federal agency, court decision or other regulatory body requires the City to enforce against the Property to protect the health, safety or welfare of the public. Similarly, nothing contained in this Agreement or CUP No. 2012-03 shall preclude the City from seeking and obtaining any civil or criminal court order for violation of City, county, state or federal laws, if such action is required to protect the health, safety or welfare of the public or is required to comply with applicable county, state or federal law, court order or the order of a county, state or federal agency. 8.WAIVER OF CIVIL CODE §1542. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the foregoing, nothing in this Agreement, including but not limited to the releases or the waiver of Civil Code §1542 herein, shall apply to waive or limit the City's ability to enforce any term or condition of this Agreement or of CUP No. 2012-03 or to seek remedies for breach of this Agreement or for violation of CUP No. 2012-03. 9.DEFENSE AND INDEMNITY. AC and Moorpark RV agree to defend, indemnify, and hold harmless City, at AC's and Moorpark RV's collective and sole expense, with counsel reasonably acceptable to City, any claim, lawsuit, or cause of action brought to challenge the City Council's action on CUP No. 2012-03, related actions under CEQA, any subsequent permits to implement CUP No. 2012-03 and this Agreement. AC and Moorpark RV further agree individually and collectively to reimburse City for any costs and/or attorneys' fees which City may incur as a result of any such action. City may, at its sole discretion, participate in the defense of any such action at City's cost, but such participation shall not relieve AC or Moorpark RV of their obligations under this Section. 10.REMEDIES FOR BREACH. A.Breach of CUP No. 2012-03. In the event AC or Moorpark RV or any one of them, breach the terms or conditions of CUP No. 2012-03, including but not limited to, the requirement to cease use of the Property for recreational vehicle storage and related office uses by the Termination Date, City may file with the court the "Stipulation to Entry of Abatement Warrant and Order" ("Stipulation,") a copy of which is attached hereto as Exhibit B, and which shall 9 64 be signed by AC and Moorpark RV concurrent with the execution of this Agreement, by which AC and Moorpark RV will be required immediately to cease all uses and conditions of the Property that violate Paragraph C of Section 1 of this Agreement, the terms of the CUP No. 2012-03, or both such documents. Successors in interest in the Property or in the recreational vehicle storage business on the Property that are successors to AC and Moorpark RV shall execute the same form of Stipulation as provided in Exhibit B concurrently with taking ownership of the business, the Property, or both. Pursuant to that abatement warrant and order the City will be permitted to enter the Property to take action to preclude and/or abate such violations. In addition, to enable the City to effectuate the termination of the recreational vehicle storage uses of the Property, AC and Moorpark RV, and successors in the business or Property, shall cause to include in all leases of recreational vehicle storage spaces that the leases shall terminate no later than March 31, 2023 and the owners of stored vehicles shall be required to remove their vehicles from the Property on or before that date. City shall provide AC and Moorpark RV a 30-day advance notice and right to cure the violation prior to filing the Stipulation in court, but shall not be required to provide a 30-day notice, or any notice, or right to cure prior to filing the Stipulation in court for failure to cease the recreational vehicle storage and related office use by the Termination Date. In addition, without advance notice and whether or not the Stipulation is filed in court, AC and Moorpark RV or its/their successor(s) in interest shall be individually and collectively liable for and shall pay City a total of One Thousand Dollars ($1,000.00) per day for each day any recreational vehicle storage occurs on or after the Termination Date. Nothing in this Agreement shall be deemed to preclude City from prosecuting a civil or criminal action against AC, Moorpark RV, or any successor in interest, for any violation of CUP No. 2012-03, this Agreement, or any City ordinance or state statute relating to the Property. B.City fees, costs and expenses for enforcement. AC and Moorpark RV or its/their successor(s) in interest further agree to pay the following costs, expenses and attorneys' fees paid or incurred by City: (i) costs and expenses of collection or enforcement of, and attorneys' fees paid or incurred in connection with the collection or enforcement of the removal of stored items or the daily fee specified in Paragraph A of this Section when items are stored beyond the Termination Date, whether or not suit is filed; and (ii) costs of suit and such sum as the Court may adjudge as attorneys' fees upon a finding of "Prevailing Party" in an action to enforce payment or any part of that action. C.Informal Dispute Resolution: In the event of any dispute between the Parties as to the interpretation, application or enforcement of this Agreement, other than for a breach within the scope of Paragraph A of this Section 10, the matter may be brought to the attention of the City Manager of City and the principal officer or owner of AC and Moorpark RV in an attempt to resolve the matter informally. Such informal resolution may include participation of City staff, consultants, or other persons, as may be reasonably necessary to resolve the issue. If City Manager and the principal officer or owners of AC and Moorpark RV 10 65 are unable to resolve the matter informally as described above, the Parties agree to jointly submit the matter within thirty (30) days to an independent third-party such as a JAMS neutral, by mutual agreement, for mediation or arbitration, as may be mutually agreed upon by the Parties. The Parties agree that, except as otherwise provided in Paragraph A of this Section 9, initiation of litigation regarding the interpretation or application of this Agreement shall be a means of last resort, to be employed only following good faith attempts to resolve the matter as set forth herein. 11.MISCELLANEOUS. A.Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns, legal representatives, parent, subsidiary, affiliated and related entities, officers, directors, principals, agents, servants, employees, representatives, and all persons, firms, associations and/or corporations connected with them, including, without limitation, their insurers, sureties and/or attorneys having any interest in the Property. B.Burdens and Benefits Run with the Land. This Agreement is applicable to any owner, lessee or any other person or entity having any interest in the Property until superseded or terminated by Agreement of the City and all those persons or entities having all right, title and interest in the Property. At such time as AC and Moorpark RV have transferred all of its right, title and interest in the Property, and do not have or retain any right title or interest in the successor entity that owns the Property, AC and Moorpark RV shall be relieved of all burdens and benefits hereunder, and such transfer shall be deemed to be a novation. C.Attorneys' Fees. Except as provided Paragraph B of Section 10 of this Agreement, In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, or contesting the validity or enforceability of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in such action, suit or other proceeding, including any and all appeals or petitions therefrom. D.Integrated Agreement. This Agreement is an integrated agreement and, together with CUP No. 2012-03, constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and ·all prior agreements, communications, representations, or warranties, whether oral or written, by any Party or any agent, officer, partner, employee, or representative of any Party. Nothing contained herein shall nullify CUP 2012-03 except if a condition of CUP 2012-03 is in conflict with the provisions of this Agreement as provided in Paragraph O of this Section 11. 11 66 E.Amendments. This Agreement may not be modified, altered, amended, or rescinded except by an instrument in writing, which is signed by all parties affected by any such modification, alteration, amendment or rescission. F.Severability. Should any part, term or provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. G.Construction. This Agreement is the product of negotiation, drafting and preparation by and among the Parties and their respective attorneys. The Parties expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one Party or another and its attorneys, and will be construed accordingly. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement. H.Notices. All notices that are required to be delivered under this Agreement shall be in writing and personally delivered, or sent by overnight delivery, registered or certified mail, postage prepaid, addressed as follows: To City: With a copy to: To AC: Moorpark RV: With a copy to: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: Steven Kueny, City Manager Richards, Watson, & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Attention: Kevin Ennis Ms. Banny Anderson, President 4875 Spring Road Moorpark, CA 93021 Attention: BAJJJ..JV 19/JbeRS.C&I Ms. Banny Anderson, Manager 4875 Spring Road Moorpark, CA 93021 Attention: BBAJJ./i BNDMSt,JJ Orrock, Higson & Kurta 788 N. Victoria Ave. Ventura, CA 93003 Attention: R. Dennis Orrock 12 67 Such addresses may be changed from time to time by the addressee by serving notice as heretofore provided. Service of such notice or demand shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification receipt or at the expiration of the third day after the date of mailing (whether or not actually received by the addressee), whichever is earlier in time. I.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. J.Further Assurances. Each Party shall from and after the date hereof execute, acknowledge and deliver such further instruments and perform such additional acts as any other Party may reasonably request to effectuate this Agreement. K.Time of Essence. The Parties hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereof by either Party shall constitute a material breach of and a non-curable (but waivable) default under this Agreement by the Party so failing to perform. L.Third Party Beneficiaries. Except as provided in Paragraphs (A) and (8) of this Section 11, no term or provision of this Agreement or the exhibits hereto is intended to or shall be for the benefit of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder. M.Assistance of Counsel. AC, Moorpark RV and City each acknowledge that: (i) they have been represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel; and (iii) this Agreement is the result of negotiations between the Parties and the advice and assistance of their respective counsel. . N.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. 0.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 13 68 be found to be in direct conflict with any condition of CUP No. 2012-03, the provisions of this Agreement shall prevail. P.Warranty of Authorized Signatories. Each of the signatories hereby warrants and represents that he or she is competent and authorized to execute this Agreement on behalf of the Party for whom he or she purports to sign. Q.Execution of Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one original agreement. Facsimile or electronic counterparts shall be effective as if the original signed counterpart were delivered. IN WITNESS WHEREOF, the undersigned each has executed this Agreement as of the dates set forth below. CITY OF MOORPARK, CALIFORNIA Attest: Maureen Benson City Clerk AC CONSTRUCTION, INC. Date: i/�-3 /,/ •A�/,;.I, '-.::!7-i";:-----<:),----0" I By:'1!3f1A<J1:fi. 4,de<.JMCI Date: ,t. II·JN� Print Name'.Bany Anerson Title: President MOORPARK RV, LLC By: --1.!!JaAU'/(1� �� Date: J/.Jl.,W!; Print Name: Banny,¼nderson Title: Manager 14 69 EXHIBIT A (COPY OF APPROVED CUP) A-1 70 RESOLUTION NO. 2013-3165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2012-03 TO ALLOW AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY AT 4875 SPRING ROAD, ON THE APPLICATION OF BANNY ANDERSON (FOR MOORPARK RV AND STORAGE) WHEREAS, at a duly noticed public hearing held on September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council considered Conditional Use Permit (CUP) No. 2012-03 on the application of Banny Anderson (for Moorpark RV and Storage) to allow an outdoor recreational vehicle storage facility at 4875 Spring Road; and WHEREAS, at its meetings of September 19, 2012, October 17, 2012, December 5, 2012, January 16, 2013, February 20, 2013, March 6, 2013, and March 20, 2013, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2012-03 and related approvals allows for the continuation of an existing recreational vehicle storage use of the property with no expansion or addition to the use or its operation on the property. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The City Council has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. CHANGE OF NONCONFORMING USE FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds in accordance with City of Moorpark, Municipal Code Section 17.52.060(C)(2) that the existing recreational vehicle storage yard use, with no changes in proposed operations and with special and standard conditions of approval incorporated as shown in Exhibit A, would have no greater impact than the previous nonconforming contractor's storage yard, that it is similar in use to the contractor's storage yard, and it is not considered an expansion of the previous contractor's storage yard. 71 Resolution No. 2013-3165 Page 2 SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1.The proposed continuation of the recreational vehicle storage use as conditioned is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the City Council has determined that this use will have no greater impact than the previous nonconforming contractor's storage yard use, is similar to the previous nonconforming contractor's storage yard use, is not considered as an expansion of the previous nonconforming contractor's storage yard use, and is conditioned to have a term of 5 years with one possible 5-year extension; 2.The proposed continuation of the recreational vehicle storage use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that conditions of approval including landscaping and removal and/or screening of razor wire and barbed wire have been included to mitigate impacts on neighboring land uses; 3.The proposed continuation of the recreational vehicle storage use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the site as a result of the application other than enhanced landscaping and removal and/or screening of razor wire and barbed wire, which would improve the compatibility of the proposed use with the scale, visual character, and design of surrounding properties; 4.The proposed continuation of the recreational vehicle storage use as conditioned would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been included so that the barbed wire and razor wire will be removed when the adjacent residential property west of the project site is developed and the barbed wire and razor wire along the Spring Road frontage will either be removed or screened from view; and 5.The proposed continuation of the recreational vehicle storage use without any vesting right to the use beyond the termination date with conditions of approval including a maximum 5-year term with one possible 5-year extension, enhanced landscaping, and removal and/or screening of the barbed wire and razor wire with removal at the end of the use ensure that the use would not be detrimental to the public health, safety, convenience, or welfare. 72 Resolution No. 2013-3165 Page 3 SECTION 4. CITY COUNCIL APPROVAL: the City Council hereby approves Conditional Use Permit No. 2012-03 for a five (5) year period ending March 20, 2018, with the right for the applicant to apply for another five (5) year extension, subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 5. EFFECTIVE DATE: The City Council's Approval of Conditional Use Permit No. 2012-03 shall not become effective unless and until the applicant signs an Affidavit of Acceptance of the terms and conditions of Conditional Use Permit No. 2012-03. If the applicant does not sign and submit to the City a signed and notarized Affidavit of Acceptance within thirty (30} days of City Council approval of Conditional Use Permit No. 2012-03, the City Council approval action becomes null and void. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of March, 2013. ATTEST: Maureen Benson, City Clerk Exhibit A -Standard and Special Conditions of Approval 73 Resolution No. 2013-3165 Page4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2012-03 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1.The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2.The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3.Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4.Nothing in this permit or its Conditions of Approval precludes the City from enforcing the Municipal Code with respect to any violations which may occur on the property affected by this permit. 5.The applicant 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 approvalby the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in California Code of Civil Procedure Section 1094.6 or California Government Code Section 65009, whichever is shorter. The City will promptly notify the applicant 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 applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 74 Resolution No. 2013-3165 Page 5 a.The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i.The City bears its own attorney fees and costs; ii.The City defends the claim, action or proceeding in good faith. b.The applicant shall not be required to pay or perform any settlement of such claim, action or-proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 6.If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7.The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2012-03, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. Storage in the yard shall be limited to recreational vehicles, including motor homes, travel trailers, boats and personal watercraft on trailers, and off­ road vehicles on trailers intended for personal (non-commercial) use. Storage containers not used for the operation and maintenance of the recreational vehicle storage yard, inoperable vehicles, and commercial vehicles shall be removed from the site within one-hundred and eighty (180) days of the issuance of this Conditional Use Permit. 8.Landscaping shall be provided and continuously maintained in the area between the wall adjacent to Spring Road and the sidewalk. If the razor/barbed wire along the Spring Road frontage is to be maintained by the applicant for the duration of this permit, plant materials shall be of sufficient size and spacing to provide rapid screening of the razor wire and barbed wire so that it would not be visible from the public right-of-way. If the razor wire and barbed wire is removed in this area, only ground cover is necessary between the wall and sidewalk. Within thirty (30) days of approval, a landscaping plan showing landscaping in the area between the perimeter wall and the sidewalk on Spring Road, shall be submitted for review and approval by the Community Development Director. Such landscaping shall be installed within sixty (60) days of approval of the plan. 9.A separate sign permit application is required for all proposed signs. 75 Resolution No. 2013-3165 Page 6 10.All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 11.There shall be no maintenance of recreational vehicles, including washing or changing of propane tanks, on site. The existing dump station may not be used at any time under this permit and must be capped and removed with all necessary permits by the City and Waterworks District No. 1 and all fees and fines for its prior operation paid to Waterworks District No. 1 within thirty (30) days of approval of this Conditional Use Permit. A new dump station that complies with all current standards and permitting requirements is allowed under this Conditional Use Permit provided that all necessary building permits are obtained and the facility is constructed and operated in compliance with NPDES standards. An operational plan is required to demonstrate proper maintenance prior to issuance of a Zoning Clearance for construction of a new dump station. 12.Conditional Use Permit No. 2012-03 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080:B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 13.The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17 .44 of the Moorpark Municipal Code or as may be amended in the future. 14.If the easterly wall on the adjacent residential property west of the subject site is constructed prior to the expiration of this Conditional Use Permit, any barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) adjacent to the residential development shall be removed by the applicant within thirty (30) days of notification by the Community Development Director. 15.At the end of the term of this CUP or if use is vacated earlier, whichever comes first, all barbed wire strands, razor wire, and/or concertina wire (coiled barbed wire) shall be removed within thirty (30) days of notification by the Community Development Director. Any razor or barbed wire that is removed may only be replaced by fencing that conforms with the standards of the Zoning Ordinance at the time of installation. 16.No vested right to any use or uses allowed by this permit shall apply or exist beyond the termination date of this permit as follows. All recreational vehicle and 76 Resolution No. 2013-3165 Page 7 outdoor storage allowed by this Conditional Use Permit must cease by February 20, 2018, and the site must be restored or converted to a conforming use by this date. The City Council may extend the term of this Conditional Use Permit by one additional five (5) year period to February 20, 2023 if upon receipt of an application for extension from the operator not less than sixty (60) days prior to expiration, the City Council finds the use to be in conformance with all conditions of approval. 17.Leasing of the administration building for other uses during the term of this Conditional Use Permit is limited to office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director. A Zoning Clearance and a Business Registration Permit are required for each tenant use prior to occupancy. 18.In the event of a direct conflict between these Standard and Special Conditions of Approval and the Settlement, Waiver, and Release Agreement between the City of Moorpark, AC Construction, and Moorpark RV, LLC, submitted and executed by the applicant on March 20, 2013, the terms of the Settlement, Waiver, and Release Agreement shall control. -END- 77 Resolution No. 2013-3165 Pages STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2013-3165 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of March, 2013, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of April, 2013. Maureen Benson, City Clerk (seal) 78 EXHIBIT B (STIPULATION FOR ENTRY OF ABATEMENT WARRANT AND ORDER) 8-1 79 z z 0 g :::r:: � V) 0 Q:'.:;;; UJ 8 (.!:) -' -z zQ 0� V) � � � �-:= -:s:: V) :5 Cl !;i: Q:'. Vl <( i::; :::r:: � U 0 -I- Q:'. !;j: �� �� 1 KEVIN G. ENNIS CITY ATTORNEY 2 CITY OF MOORPARK 3 RICHARDS, WATSON & GERSHON A Professional Corporation 4 KEVIN G. ENNIS (Bar No. 123065) kennis@rwglaw.com 5 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 6 Telephone: 213.626.8484 Facsimile: 213.626.0078 7 Attorneys for Applicant 8 CITY OF MOORPARK 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF VENTURA IN THE MATTER OF THE Case No. APPLICATION OF THE CITY OF MOO RP ARK TO ABATE A PUBLIC STIPULATION TO ENTRY OF NUISANCE ON PROPERTY LOCATED ABATEMENT WARRANT AND ORDER AT 4875 SPRING ROAD, MOO RP ARK (APN 506-0-020-640). [Exempt from filing fees pursuant to Govt. Code§ 6103] STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-0015\1540546v2.doc 80 1 WHEREAS, AC Construction, Inc. ("AC"), a California Corporation, is the fee 2 simple owner of Assessor's Parcel No. 506-0-020-640, consisting of approximately 3 296,905 square feet (6.81 acres) of property located on the west side of Spring Road 4 adjacent to the Arroyo Simi and commonly known as 4875 Spring Road, Moorpark, 5 California 93021 (the "Property"); and 6 WHEREAS, Moorpark RV, LLC ("Moorpark RV") is the owner of the recreational 7 vehicle storage business that is operated on the Property; and 8 WHEREAS, AC may convey all right, title and interest in the Property to Stephen R. 9 Anderson Trust of 1987 or other related entity; and 10 WHEREAS, at the request of AC and Moorpark RV, the City of Moorpark (the 11 "City") has considered an application for Conditional Use Permit ("CUP") No. 2012-03 12 related to the Property; and WHEREAS, AC and Moorpark RV have agreed that, if approved, CUP No. 2012-03 14 would expire not later than March 31, 2023 and that no vested right to any use or uses 15 would apply or exist beyond March 31, 2023; and WHEREAS, AC and Moorpark RV agreed to cease certain operations and remove 17 certain materials, equipment, and recreational vehicles by March 31, 2023, as specified in �!!i 18 the "Settlement, Waiver and Release Agreement Between the City of Moorpark, AC �� 19 Construction, Inc. and Moorpark RV, LLC" (the "Settlement Agreement"); and 20 WHEREAS, as part of the Settlement Agreement, AC and Moorpark RV agreed that 21 in the event that one or both of them breached the terms or conditions of CUP No. 2012-03, 22 including but not limited to the requirement to cease use of the Property for recreational 23 vehicle storage and related office uses by March 31, 2023, as specified in the Settlement 24 Agreement, the City may proceed immediately to enforce the terms of CUP No. 2012-03, 25 the Settlement Agreement, or both; now, therefore: 26 IT IS HEREBY STIPULATED between AC and Moorpark RV on the one hand, and 27 the City on the other hand, through their undersigned counsel, as follows: 28 1. In the event that AC or Moorpark, or either of them, breaches the terms and -2-STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-0015\ l 540546v2.doc 81 z z 0 g ::i:::: � V') 0 a:: � UJ 8� �-z z 2 0 � V') u.. � � s � -� V') ::i 0 < Q:: Vl <C � ::i:::: � U 0 -I-a:: < �!! �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Dated: 2. 3. 4. conditions of CUP No. 2012-03, including but not limited to the requirement to cease use of the Property for recreational vehicle storage and related office uses by March 31, 2023, and as determined by the City, the City may file with the Court this Stipulation to Entry of Abatement Warrant and Order. The City will be permitted to enter onto the Property to take action to preclude and/or abate such violations, including but not limited to violations of CUP No. 2012-03; Paragraph C, Section 1 of the Settlement Agreement; or both. The City may use reasonable force as necessary to enter onto the Property to abate the violations. AC and Moorpark expressly waive their right to contest the jurisdiction of this Court to issue, or the good cause for the issuance of, a Nuisance Abatement Warrant to abate the violations. -Yj_,_;._.,�.l __ , 2013 RICHARDS, WATSON & GERSHON A Professional Corporation -�1_· 1--'--R_· __ _, 2013 KEVIN G. ENNIS By: KEVIN G. ENNIS Attorneys for Applicant CITY OF MOORPARK BANNY ANDERSON By:B��/AC CONSTRUCTION, INC. -3-STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-0015\ I 540546v2.doc 82 z z 0 g :c ;;i (J') 0 � � LU o � � -z z S1 0 � (J') � � � s-::-s: (J') :'.5 0 !;;:: � V) <( � :c � U 0 -t-� !;;:: �� :"!� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: .J/·/P --'--....<....:C...---'' 2013 BANNY ANDERSON By:�B�YAND� anager MOORPARK V, LLC -4-STIPULATION TO ENTRY OF ABATEMENT WARRANT AND ORDER 12853-0015\1540546v2.doc 83 EXHIBIT C (COVENANT TO BE RECORDED CONTAINING PROVISIONS OF PARAGRAPH C OF SECTION 1 OF THIS AGREEMENT) C-1 84 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk With a copy to: Ms. Banny Anderson 4875 Spring Road Moorpark, CA 93021 NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 llllllllllllll llll lllll lllll l/11111111 11111111 20130430-00078774-0 1/10Ventura County Clerk and RecorderMARK A. LUNN04/30/20 13 04:00:42 PM712390 $.00 CE SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANTS REGARDING CITY OF MOORPARK CONDITIONAL USE PERMIT 2012-03 THESE COVENANTS REGARDING CITY OF MOORPARK CONDITIONAL USE PERMIT 2012-03 (hereinafter referred to as the "Covenant Agreement") are dated as of April 24, 2013 and are entered into by the CITY OF MOORPARK, a municipal corporation ("City"), and AC CONSTRUCTION, INC. ("AC"), a California corporation, and MOORPARK RV, LLC, a California limited liability company ("Moorpark RV"). City, AC and Moorpark RV are sometimes hereinafter referred to collectively as the "Parties." RECITALS A.The City, AC and Moorpark RV have entered into a Settlement, Waiver and Release Agreement dated April 24, 2013 (the "Settlement Agreement") which provides, among other things, that concurrently with the execution of the Settlement Agreement, AC and Moorpark RV shall execute this Covenant Agreement and deliver it to the City for recording upon the City's approval of Conditional Use Permit 2012-03 (the "CUP") for the property described on Exhibit "A" (the "Property") that is owned by AC, and Moorpark RV's and AC's written approval of all conditions to the CUP. B.The City approved the CUP on March 20, 2013. C.Moorpark RV and AC confirmed their approval of the conditions to the CUP by means of an affidavit dated April 15, 2013. C-2 85 NOW, THEREFORE, in consideration of the foregoing recitals, and other considerations, the sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1.Without limiting the contents of the CUP or Settlement Agreement, AC and Moorpark RV hereby expressly agree that: A.The CUP shall expire no later than March 31, 2023 (the "Termination Date"). No vested right to any use or uses provided by the CUP shall apply or exist beyond the Termination Date, and AC and Moorpark RV hereby expressly waive, release and forever forfeit any such vested right, or any claim of entitlement of whatever kind, to continue such use or uses beyond the Termination Date. AC and Moorpark RV, and any successor in interest to the Property or to Moorpark RV shall not be entitled to any extension to the time limit imposed by the CUP, and shall not seek any such time extension or a new Conditional Use Permit or other land use approval to continue recreational vehicle storage uses on the Property, regardless of the land use, zoning, and Moorpark Municipal Code provisions that may be applicable to the Property at any time. B.The parking, standing or storage of any recreational vehicles, and their equipment or materials of any kind, on the Property, whether in conformance with the CUP or not, shall cease and all such items shall be removed from the Property no later than the Termination Date. C.All barbed and razor wire shall be removed from the perimeter fences and walls of the Property no later than the Termination Date. D.By April 30, 2013, the existing sewage dump facility shall be removed and the sewer capped as required by Waterworks District No. 1. Any replacement sewage dump facility on the Property shall be constructed in compliance with all applicable City, county, state and federal standards and shall be removed by April 20, 2023 in compliance with all applicable City, county, state and federal standards. E.By April 20, 2023, the existing metal and stucco storage building on the Property shall be demolished and all debris removed in compliance with all applicable City, county, state and federal standards. F.On and after the Termination Date, any and all uses of the Property such shall conform to the then applicable zoning requirements of the Property. G.Prior to entering escrow to sell any or all portions of the Property, the business, or both the Property and business, AC and Moorpark RV, or its successors in interest, shall provide any proposed C-3 86 buyer thereto a copy of the CUP, this Agreement and any amendments thereto. AC and Moorpark RV will notify City in writing no less than ten (10)days prior to the close of escrow of the proposed sale or proposed lease of, any or all portions of the Property, business, or both the Property and the business. H.Sections 17.52.020 (Nonconforming Structures), 17 .52.040 (Nonconforming uses due to changes in parking requirements), Subsections (A) and (B) of Section 17.52.060 (Other nonconforming uses (no longer permitted)), and 17.52.065 (garage conversions - grandfathered), as currently stated or as hereafter may be amended, shall not apply to the uses or structures on the Property, and reliance upon or adherence to, such provisions is expressly waived, released and forfeited by AC and Moorpark RV. I.After the Termination Date, AC and Moorpark RV, may use the existing office building on the Property for office uses not related to the former contractors' equipment storage yard or the former recreational vehicle storage use of the Property and only in compliance with then applicable zoning permitting requirem ents and standards, including but not limited to, standards related to use, parking, landscaping, lighting and driveway access. J.Any proposed residential use of the Property shall require a Development Agreement consistent with Chapter 15.40 of the Moorpark Municipal Code, as currently stated or as hereafter may be amended by the City. K.Prior to or after the Termination Date, AC and Moorpark RV may not use the Property for a contractors' equipment storage yard. In addition, AC and Moorpark RV may not use the property for any other use that is contrary to the terms of the CUP or not in compliance with all required permits and approvals as required by the Moorpark Municipal Code. L.Prior to the Termination Date, the Property or any portion thereof, including any structures on the Property, may not be leased for any use or business, other than the recreational vehicle storage business and office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director as authorized by the CUP. M.City development impact fees shall not apply to the CUP for the current legal non-conforming recreation vehicle use and related office use of the Property but shall apply to any other use of the Property in the future (whether before or after the Termination Date) that requires a discretionary permit or entitlement from the City, including but not limited C-4 87 to, a development agreement, planned de velopment permit, or subdivision map approval. At such time as a discretionary permit or entitlement is approved by City, AC and Moorpark RV, for themselves and their successors in interest, agree 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. Those fees include, but are not limited to, Los Angeles Avenue Area of Contribution Fee, Development Fee, Citywide Traffic Fee, Intersection Improvement Fees, Community Services Fee, Park Fee, Art in Public Places Fee, Air Quality Fee, Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, Landscape Maintenance Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements, and such future fees imposed as determined by City in its sole discretion so long as said fee is generally imposed on similarly situated properties. N.Any future changes to the signage, lighting, parking, landscaping, fencing, or other development changes not addressed in this Agreement or in the CUP shall conform to the then applicable City ordinances and zoning for the Property. 0.AC and Moorpark RV agree to pay City Two Thousand Three Hundred and Fifty Dollars ($2,350.00) by April 30, 2013 for approximately eight (8) businesses that were leasing space from AC and/or Moorpark RV at 4875 Spring Road for a cumulative time of approximately 47 years and had not paid City Business Registration Permit fees. 2.Enforcement. Successors in interest in the Property or in the recreational vehicle storage business on the Property that are successors to AC and Moorpark RV shall execute the same form of Stipulation as provided in Exhibit B to the Settlement Agreement between the City, AC and Moorpark RV dated April 24, 2013, concurrently with taking ownership of the business, the Property or both. In addition, to enable the City to effectuate the termination of the recreational vehicle storage uses on the Property upon the Termination Date of the use as defined in the Settlement Agreement, AC and Moorpark RV, and successors in the business or Property, shall cause to include in all leases of recreational vehicle storage spaces that the leases shall terminate no later than March 31, 2023 and the owners of stored vehicles shall be required to remove their vehicles from the Property on or before that date. 3.Covenants Run With the Property and Bind AC, Moorpark RV and Successors-in-Interest. This Covenant Agreement shall encumber, bind and "run with" the Property, and shall bind AC, Moorpark RV and their successors and assigns, and all successors-in-interest to any portion of or interest in the Property, all for the benefit of the City. C-5 88 4.Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 5.Notices. Any and all notices given hereunder shall be in writing and shall be delivered by certified mail, return receipt requested, to the City and to AC/Moorpark RV at the addresses in the top left corner of the first page of this document, except that any party (or its successor or successor-in-interest, as applicable) may change its address for notices by a notice given under this Section. IN WITNESS WHEREOF, the undersigned have executed this Agreement. CITY OF MOORPARK, CALIFORNIA AC CONSTRUCTION, INC. Attest: By:724?«d,,� Maureen Benson, City Clerk By: ��/4U4U Banny An rson, President MOORPARK RV, LLC /4 By: � tV1;,/,.t,¥L BannyAndefin, Manager [ALL SIGNATURES OF PARTIES MUST BE DULY ACKNOWLEDGED BY A NOTARY PUBLIC] C-6 89 State of California )County of Los Angeles )/} On � J11ol{)J3 ,before me,�1111-tJGuJvtllJ r IJ (inser;.ty,amy and title of the officer) Notary Public, personally appeared cf;) t2\ v1 rt"fv.i ttn M C$a n -who proved to me on the basis of satisfactoryvidence to be the person{-S,--­whose name�is/are subscribed to the within instrument and acknowledged to me that tfflhe/t� executed the same in bisther/tAeif authorized capacity� and that by his1her/tbeif signatur$j on the instrument the persontsj, or the entityupon behalf of which the person.(sracted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. State of California County of Los Angeles )) .. . ·. COMM. #1913289 8 NOTARY PUBLIC • CALIFORNIA � :I . · VENTURA COUNTY ..., On ___________ , before me, ___________ _(insert name and title of the officer) Notary Public, personally appeared _______________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entityupon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ (Seal) C-7 90 CITY OF MOORPARK ADMINISTRATIVE SERVICES DEPARTMENT I 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 I Fax (805) 532-2520 I moorpark@ci.moorpark.ca.us PUBLIC AGENCY FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) On this 24th day of April in the year 2013, before me, Maureen Benson, City Clerk of the City of Moorpark, personally appeared Janice S. Parvin, who proved to me on the basis of satisfactory evidence to b� the person whose name is subscribed to the within instrument and who is personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity as the Mayor of the City of Moorpark, and that by her signature on the instrument, acknowledged to me that the City executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANICE S. PARVI N Mayor Witness my hand and Official Seal Maureen Benson City Clerk ROSEANN MIKOS, Ph.D. Councilmember KEITH F. MILLHOUSE Councilmember DAVID POLLOCK Councilmember MARK VANDAM Councilmember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° 45' WEST 151.02 FEET TO A POINT THENCE ALONG A LINE PARALLEL TO SAID EAST LINE, 3RD: NORTH 486.92 FEET TO THE POINT OF INTERSECTION WITH A LINE WHICH BEARS WEST FROM THE POINT OF BEGINNING; THENCE, 4TH: EAST 110.00 ROOT TO THE POINT OR BEGINNING. (End of Legal Description) 94 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk With a copy to: Ms. Banny Anderson 4875 Spring Road Moorpark, CA 93021 NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 lll lllllll llll llll llll l lllll llllllll/1 1 1111 111 20130430-00078774-0 1/10Ventura County Clerk and RecorderMARK A. LUNN 04/30/2013 04.00:42 PM712390 $.00 CE SPACE ABOVE THIS LINE FOR RECORDER'S USE COVENANTS REGARDING CITY OF MOORPARK CONDITIONAL USE PERMIT 2012-03 THESE COVENANTS REGARDING CITY OF MOORPARK CONDITIONAL USE PERMIT 2012-03 (hereinafter referred to as the "Covenant Agreement") are dated as of April 24, 2013 and are entered into by the CITY OF MOORPARK, a municipal corporation ("City"), and AC CONSTRUCTION, INC. ("AC"), a California corporation, and MOORPARK RV, LLC, a California limited liability company ("Moorpark RV"). City, AC and Moorpark RV are sometimes hereinafter referred to collectively as the "Parties." RECITALS A.The City, AC and Moorpark RV have entered into a Settlement, Waiver and Release Agreement dated April 24, 2013 (the "Settlement Agreement") which provides, among other things, that concurrently with the execution of the Settlement Agreement, AC and Moorpark RV shall execute this Covenant Agreement and deliver it to the City for recording upon the City's approval of Conditional Use Permit 2012-03 (the "CUP") for the property described on Exhibit "A" (the "Property") that is owned by AC, and Moorpark RV's and AC's written approval of all conditions to the CUP. B.The City approved the CUP on March 20, 2013. C.Moorpark RV and AC confirmed their approval of the conditions to the CUP by means of an affidavit dated April 15, 2013. C-2 ATTACHMENT 4 95 NOW, THEREFORE, in consideration of the foregoing recitals, and other considerations, the sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1.Without limiting the contents of the CUP or Settlement Agreement, AC and Moorpark RV hereby expressly agree that: A.The CUP shall expire no later than March 31, 2023 (the "Termination Date"). No vested right to any use or uses provided by the CUP shall apply or exist beyond the Termination Date, and AC and Moorpark RV hereby expressly waive, release and forever forfeit any such vested right, or any claim of entitlement of whatever kind, to continue such use or uses beyond the Termination Date. AC and Moorpark RV, and any successor in interest to the Property or to Moorpark RV shall not be entitled to any extension to the time limit imposed by the CUP, and shall not seek any such time extension or a new Conditional Use Permit or other land use approval to continue recreational vehicle storage uses on the Property, regardless of the land use, zoning, and Moorpark Municipal Code provisions that may be applicable to the Property at any time. B.The parking, standing or storage of any recreational vehicles, and their equipment or materials of any kind, on the Property, whether in conformance with the CUP or not, shall cease and all such items shall be removed from the Property no later than the Termination Date. C.All barbed and razor wire shall be removed from the perimeter fences and walls of the Property no later than the Termination Date. D.By April 30, 2013, the existing sewage dump facility shall be removed and the sewer capped as required by Waterworks District No. 1. Any replacement sewage dump facility on the Property shall be constructed in compliance with all applicable City, county, state and federal standards and shall be removed by April 20, 2023 in compliance with all applicable City, county, state and federal standards. E.By April 20, 2023, the existing metal and stucco storage building on the Property shall be demolished and all debris removed in compliance with all applicable City, county, state and federal standards. F.On and after the Termination Date, any and all uses of the Property such shall conform to the then applicable zoning requirements of the Property. G.Prior to entering escrow to sell any or all portions of the Property, the business, or both the Property and business, AC and Moorpark RV, or its successors in interest, shall provide any proposed C-3 96 buyer thereto a copy of the CUP, this Agreement and any amendments thereto. AC and Moorpark RV will notify City in writing no less than ten ( 10)days prior to the close of escrow of the proposed sale or proposed lease of, any or all portions of the Property, business, or both the Property and the business. H.Sections 17.52.020 (Nonconforming Structures), 17.52.040 (Nonconforming uses due to changes in parking requirements), Subsections (A) and (B) of Section 17.52.060 (Other nonconforming uses (no longer permitted)), and 17.52.065 (garage conversions - grandfathered), as currently stated or as hereafter may be amended, shall not apply to the uses or structures on the Property, and reliance upon or adherence to, such provisions is expressly waived, released and forfeited by AC and Moorpark RV. I.After the Termination Date, AC and Moorpark RV, may use the existing office building on the Property for office uses not related to the former contractors' equipment storage yard or the former recreational vehicle storage use of the Property and only in compliance with then applicable zoning permitting requirements and standards, including but not limited to, standards related to use, parking, landscaping, lighting and driveway access. J.Any proposed residential use of the Property shall require a Development Agreement consistent with Chapter 15.40 of the Moorpark Municipal Code, as currently stated or as hereafter may be amended by the City. K.Prior to or after the Termination Date, AC and Moorpark RV may not use the Property for a contractors' equipment storage yard. In addition, AC and Moorpark RV may not use the property for any other use that is contrary to the terms of the CUP or not in compliance with all required permits and approvals as required by the Moorpark Municipal Code. L.Prior to the Termination Date, the Property or any portion thereof, including any structures on the Property, may not be leased for any use or business, other than the recreational vehicle storage business and office uses that do not generate on-site customer traffic to the satisfaction of the Community Development Director as authorized by the CUP. M.City development impact fees shall not apply to the CUP for the current legal non-conforming recreation vehicle use and related office use of the Property but shall apply to any other use of the Property in the future (whether before or after the Termination Date) that requires a discretionary permit or entitlement from the City, including but not limited C-4 97 to, a development agreement, planned development permit, or subdivision map approval. At such time as a discretionary permit or entitlement is approved by City, AC and Moorpark RV, for themselves and their successors in interest, agree 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. Those fees include, but are not limited to, Los Angeles Avenue Area of Contribution Fee, Development Fee, Citywide Traffic Fee, Intersection Improvement Fees, Community Services Fee, Park Fee, Art in Public Places Fee, Air Quality Fee, Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, Landscape Maintenance Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements, and such future fees imposed as determined by City in its sole discretion so long as said fee is generally imposed on similarly situated properties. N.Any future changes to the signage, lighting, parking, landscaping, fencing, or other development changes not addressed in this Agreement or in the CUP shall conform to the then applicable City ordinances and zoning for the Property. 0.AC and Moorpark RV agree to pay City Two Thousand Three Hundred and Fifty Dollars ($2,350.00) by April 30, 2013 for approximately eight (8) businesses that were leasing space from AC and/or Moorpark RV at 4875 Spring Road for a cumulative time of approximately 47 years and had not paid City Business Registration Permit fees. 2.Enforcement. Successors in interest in the Property or in the recreational vehicle storage business on the Property that are successors to AC and Moorpark RV shall execute the same form of Stipulation as provided in Exhibit B to the Settlement Agreement between the City, AC and Moorpark RV dated April 24, 2013, concurrently with taking ownership of the business, the Property or both. In addition, to enable the City to effectuate the termination of the recreational vehicle storage uses on the Property upon the Termination Date of the use as defined in the Settlement Agreement, AC and Moorpark RV, and successors in the business or Property, shall cause to include in all leases of recreational vehicle storage spaces that the leases shall terminate no later than March 31, 2023 and the owners of stored vehicles shall be required to remove their vehicles from the Property on or before that date. 3.Covenants Run With the Property and Bind AC, Moorpark RV and Successors-in-Interest. This Covenant Agreement shall encumber, bind and "run with" the Property, and shall bind AC, Moorpark RV and their successors and assigns, and all successors-in-interest to any portion of or interest in the Property, all for the benefit of the City. C-5 98 4.Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 5.Notices. Any and all notices given hereunder shall be in writing and shall be delivered by certified mail, return receipt requested, to the City and to AC/Moorpark RV at the addresses in the top left corner of the first page of this document, except that any party (or its successor or successor-in-interest, as applicable) may change its address for notices by a notice given under this Section. IN WITNESS WHEREOF, the undersigned have executed this Agreement. CITY OF MOORPARK, CALIFORNIA AC CONSTRUCTION, INC. Attest: By:�,e� Maureen Benson, City Clerk �f;/e� anny And rson, President By: MOORPARK RV, LLC � By:� ti� BannyAnderin, Manager [ALL SIGNATURES OF PARTIES MUST BE DULY ACKNOWLEDGED BY A NOTARY PUBLIC] C-6 99 State of California ) County of Los Angeles .) -----/) On ;;J� I <t1 ol!JJ3 , before me,VD c:0111-11Gu JCJt l/J r (} (inserfY1amy and title of the officer) Notary Public, personally appeared J;) e\ 1j t'.\ lv-i .N"n M [$!J Yl -who proved to me on the basis of satisfactory �idence to be the person{-sr whose name{.sr is/are subscribed to the within instrument and acknowledged to me that h.efshe/tt:,ey executed the same in bisther/tRetr authorized capacity� and that by histher/tbeir signature.(5) on the instrument the personts}, or the entityupon behalf of which the person.(.sracted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and o ·cial seal. State of California County of Los Angeles ) ) On ___________ , before me, ___________ _ (insert name and title of the officer) Notary Public, personally appeared _______________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entityupon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________ _ (Seal) C-7 100 CITY OF MOORPARK ADMINISTRATIVE SERVICES DEPARTMENT I 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 I Fax (805) 532-2520 I moorpark@ci.moorpark.ca.us PUBLIC AGENCY FORM OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) On this 24th day of April in the year 2013, before me, Maureen Benson, City Clerk of the City of Moorpark, personally appeared Janice S. Parvin, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who is personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity as the Mayor of the City of Moorpark, and that by her signature on the instrument, acknowledged to me that the City executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANICE S. PARVIN Mayor Witness my hand and Official Seal Maureen Benson City Clerk ROSEANN MIKOS, Ph.D. Councilmember KEITH F. MILLHOUSE Councilmember DAVID POLLOCK Councilmember MARK VANDAM Councilmember 101 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (Attached.) C-9 102 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Ventura, and described as follows: PARCEL 1: THAT PORTION OF LOT 56, MAP OF FREMONT, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 56 AT THE NORTHEAST CORNER OF THE LAND CONVEYED TO CONRAD WILL BY DEED RECORDED OCTOBER 21, 1953, IN BOOK 1163, PAGE 510 OF OFFICIAL RECORDS, FROM WHICH THE NORTHEAST CORNER OF SAID LOT 56, BEARS NORTH 338.8 FEET; THENCE, ALONG THE NORTH AND WEST LINE OF SAID LAND OF WILL, 1ST: WEST 110 FEET; THENCE, 2ND: SOUTH 486.92 FEET TO THE SOUTHERLY LINE OF SAID LOT 56; THENCE ALOND SAID SOUTHERLY LINE, 3RD: SOUTH 46° 45' WEST 526.53 FEET, MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LOT 56; THENCE ALONG THE WESTERLY LINE THEROF, 4TH: NORTH 767.58 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO MONROE J. TEEL AND WIFE, BY DEED RECORDED AUGUST 10, 1951, IN BOOK 1014, PAGE 444 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTH AND EAST LINE THEREOF, 5TH: EAST 156 FEET; THENCE, 6TH: NORTH 100 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO LARRY ALBERTSON AND WIFE BY DEED RECORDED OCTOBER 18, 1955, IN BOOK 1345, PAGE 146 OF OFFICIAL RECORDS; THENCE, 7TH: EAST 337.38 FEET MORE OR LESS TO THE EAST LINE OF SAID LOT 56; THENCE, 8TH: SOUTH 20 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 56, FREMONT TRACT, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK 3, PAGE 39 OF MAPS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 56, WHICH BEARS SOUTH 338.8 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE ALONG SAID EAST LINE, 103 1ST: SOUTH 383.44 FEET TO THE SOUTHEAST CORNER OF SAID LOT 56; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, 2ND: SOUTH 56° 45' WEST 151.02 FEET TO A POINT THENCE ALONG A LINE PARALLEL TO SAID EAST LINE, 3RD: NORTH 486.92 FEET TO THE POINT OF INTERSECTION WITH A LINE WHICH BEARS WEST FROM THE POINT OF BEGINNING; THENCE, 4TH: EAST 110.00 ROOT TO THE POINT OR BEGINNING. (End of Legal Description) 104 RESOLUTION NO. 2017-3647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECL ARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING GENERAL PLAN AMENDMENT NO. 2015-02 FOR A CHANGE OF LAND USE DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO VERY HIGH RESIDENTIAL DENSITY (VH), ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE, ON THE APPLICATION OF SPRING ROAD LLC (MIKE ASHLEY, DON DUNCAN) WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending that the City Council adopt a Mitigated Negative Declaration and approve General Plan Amendment No. 2015-02, to amend the General Plan land-use designation from General Commercial (C-2) to Very High Residential Density (VH), on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan); and WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for General Plan Amendment No. 2015-02 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared for the project referenced above together with any comments received during the public review process and determined that, with the incorporation of changes to the project or conditions of approval to mitigate potentially significant impacts with respect to biology, hydrology, and noise issues, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and a Proposed Mitigated Negative Declaration has been prepared for this project. ATTACHMENT 5 105 Resolution No. 2017-364 7 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL FINDINGS: The City Council finds and declares as follows: A.The Mitigated Negative Declaration and Initial Study prepared for the project are complete and have been prepared in compliance with CEQA, and City CEQA Procedures. B.The Mitigation Measures have been incorporated into the project conditions of the accompanying Vesting Tentative Tract Map and Residential Planned Development. C.With the incorporation of the Mitigation Measures into the project conditions, the City Council finds on the basis of the whole record before it that there is no substantial evidence that the proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, which includes General Plan Amendment No. 2015-02; Zone Change No. 2015-03; Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972; and Development Agreement No. 2015-01, will have a significant effect on the environment. D.The Mitigated Negative Declaration reflects the independent judgment of the City Council. SECTION 2. ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM: The Mitigated Negative Declaration prepared for the proposed development of 95 trn,ynhouse cond ominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, which includes General Plan Amendment No. 2015-02; Zone Change No. 2015-03; Residential Planned Development No. 2015-02, Vesting Tentat ive Tract Map No. 5972; and Development Agreement No. 2015-01, along with the Mitigation Monitoring and Reporting Program, all attached as Exhibit "A" and incorporated herein, is hereby adopted. SECTION 3. APPRO VAL OF GENERAL PLAN AMENDMENT: General Plan Amendment 2015-02 is approved, amending the General Plan Land Use Map as proposed in Exhibit "B" attached hereto and incorporated herein. SECTION 4. The effective date of General Plan Amendment No. 2015-02 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2015-03 and the Ordinance for Development Agreement No. 2015-01, whichever occurs last. 106 Resolution No. 2017-3647 Page 3 SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of December, 2017. (_J_�nice S. Parvin, Mayor ATTEST: �� Maureen Benson, City Clerk Exhibit A: Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Exhibit B: General Plan Amendment Map 107 Resolution No. 2017-3647 Page4 EXHIBIT A CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805)517-6200 Project Title: Spring Road LLC Case No.: RPO 2015-02, GPA 2015-02, zc 2015-03, VTTM DA 2015-01 Contact Person and Phone No.: Mike Ashley (818) 888-1257 mike@ashleyconstructioninc.com Name of Applicant: Spring Road LLC (Mike Ashley, Don Duncan) Address and Phone No.: 5300 Whitman Road Hidden Hills, CA 91302 Project Location: 4875 Spring Road and 343 Los Angeles Avenue General Plan Designation: General Commercial (C-2) Zoning: Commercial Planned Development (CPD) 5972, Project Description: A request to develop ninety-five (95) townhouse condominium dwellings and a recreation facility on 8.25 acres, located, south of Los Angeles Avenue (Hwy 118)and west of Spring Road. The application consists of a Residential Planned Development (RPO), a tentative tract map to subdivide five parcels into one lot for condominium purposes, a General Plan Amendment (from General Commercial to Residential Very High Density and Floodway) and a Zone Change (CPD to Residential Planned Development [RPO] and Open Space (OS]). Surrounding Land Uses and Setting: North: Shopping Center, Los Angeles Avenue, Single Family Residential South: Arroyo Simi, Single Family Residential East: Spring Road, Shopping Center West: High Density Residential Responsible and Trustee Agencies: Ventura County, California Dept. of Trans. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: X The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Significant With Mitigation," as indicated by the checklist on the following pages. Aesthetics Agricultural and Forestry Resources Air Quality Biological Resources Cultu ral Resources Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials X Hydrology/Water Quality Land Use/Planning Mineral Resources X Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None 108 Resolution No. 2017-3647 Page 5 DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Joseph Fiss, Planning Manager Date: October 2, 2017 Reviewed by: David A Bobardt, Community Development Director Date: October 2, 2017 109 Resolution No. 2017-3647 Page6 INITIAL STUDY EXHIBIT 1: MIT,IGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM 1. NOISE. A sound wall, at least eight (8) feet in height, shall be constructed along the Los Angeles Avenue and Spring Road Frontages, and adjacent to the commercially zoned property. Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway will require upgraded windows, as follows: a.For all first row units, first floor windows will require STC rating greater than or equal to 26. b.For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c.For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d.For all 3-st ory third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if appli cable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. Monitoring Action: Timing: Responsibility: Plan Check and Physical Inspection Prior to issuance of Building Permit and Prior to Occupancy of Units Community Development Department 2.BIOLOGICAL RESOURCES. The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall include a riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. Monitoring Action: Timing: Responsibility: Community Development Director to review pre-construction landscape and irrigation plan. A landscape and irrigation plan must be submitted and approved prior to issuance of a Zoning Clearance for grading. Applicant and Community Development Department. 110 Resolution No. 2017-3647 Page? At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. Monitoring Action: Timing: Responsibility: Community Development Director to review pre-construction nesting bird survey. At least thirty days prior to issuance of zoning clearance for tree removal. Community Development Department If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. Monitoring Action: Timing: Responsibility: Community Development Director and City Engineer/Public Works Director to review grading and construction plans At least thirty days prior to issuance of zoning clearance for grading permit Community Development Department and Public Works Department 3.HYDROLOGY AND WATER QUALITY. The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 1 oo· year floodplain. The applicant shall comply with all of the requirements of the CLOMR. In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project can not impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development 1 impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event (10-, 25-, 50-, and 100-year). The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for both the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 201 O Design Hydrology Manual. Monitoring Action: Timing: Responsibility: Inspect drainage and flood control improvements to the Arroyo Simi and/or the site as recommended by the hydrology study and for compliance with NPDES. During grading and prior to dwelling construction. Public Works Department, Community Development Department, Federal Emergency Management Agency 111 Resolution No. 2017-3647 Page 8 AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In acc ordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE­ LISTED MITIGATION MEASURES IN THE PROJECT. 112 Resolution No. 2017-3647 Page 9 A.AESTHETICS -Would the project: 1)Have a substantial adverse effect on a scenic vista? 2)Substantially damage scenic resources, including, but Potentially Significant Impact not limited to, trees, rock outcroppings, and historic --­ buildings within a state scenic highway? 3) Substantially degrade the existing visual character or quality of the site and its surroundings?--- 4)Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? --- Less Than Significant With Mitigation Incorporated Less Than Significant Impact X X X X No Impact Response: The Site is not located within an identified scenic corridor and there are no scenic resources on site. Normal street lighting and residential light sources will not have a significant impact on vistas and will be evaluated and be consistent with the City's lighting ordinance. If approved, the buildings will be three stories, with an overall height of approximately 37 feet. Third story windows will extend to a height of approximately 29 feet. The applicant is proposing to align the buildings on the west side with an east-west driveway alignment, the same as the adjacent Ivy Lane homes. This creates a situation where the 3 story homes are immediately adjacent to 2 story homes of approximately 28 feet in height. This has the potential to substantially degrade the existing visual character or quality of the site and its surroundi ngs. Architecture, window sizes and locations, and landscaping will be evaluated for consistency with City standards. Units adjacent to existing residential property have been designed to have clerestory windows at least six feet above the finished floor level on the elevations adjacent to existing residential property. Sources: Project Application and exhibits (11/17/15), General Plan Land Use Element (1992). Mitigation: None required. B.AGRICULTURE RESOURCES -In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert P�ime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps --­ prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non-agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? --- X X 113 Resolution No. 2017-3647 Page 10 Potentially Significant Impact 3)Involve other changes in the existing environment which, due to their location or nature, could result in --­ conversion of Farmland, to non-agricultural use? Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X Response: This is an infill project, is in an urban setting and does not affect agricultural resources. Historically, this site was used for commercial and storage purposes. The Ventura County Important Farmland Map classifies the site as "Urban and Built-Up land. Sources: Project Application and exhibits (11 /17 /15), California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required. C.AIR QUALITY -Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 1) Conflict with or obstruct implementation of the applicable air quality plan? --- 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? --- 3)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non---­ attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant concentrations? --- 5)Create objectionable odors affecting a substantial number of people?--- X X X X X Response: The project is estimated to result in approximately 6.15 tons of Nitrogen Oxides (NOx) per year and 4.93 tons of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been added as part of the project for the developer to pay a contribution to the City's Air Quality fund, reducing this impact to a less than significant level. No additional mitigation is needed. The Ventura County Air Pollution Control District provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on air quality (attached). Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003). Mitigation: None Required. 114 Resolution No. 2017-3647 Page 11 Potentially Significant Impact D.BIOLOGICAL RESOURCES -Would the project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a --­ candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or --­ regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act --­ (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with --­ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or --­ ordinance? 6) Conflict with the prov1s1ons of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, --­ or other approved local, regional, or state habitat conservation plan? Less Than Significant With Mitigation Incorporated X X X X Less Than Significant Impact X X No Impact Response: Due to the highly disturbed urban setting of the site, there are minimal adverse effects to biological resources. This project does propose the removal of mature trees, both native and non-native from the site, requiring mitigation in accordance with the Chapter 12.12 of the Moorpark Municipal Code. Sources: The California Department of Fish and Wildlife provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources (attached). Mitigation Measures have been amended to incorporate these recommendations. Horticultural Tree Report/Project Application and exhibits (11/17/15), California Department of Fish and Game: Natural Diversity Data Base-Moorpark and Simi Valley Quad Sheets (1993). 115 Resolution No. 2017-3647 Page 12 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall incorporate an onsite riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. The buffer shall be within the common area landscaping adjacent to Parcel X. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California De artment of Fish and Wildlife. E.CULTURAL RESOURCES -Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5?--- 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?--- 3)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?--- 4) Disturb any human remains, including those interred X X X outside of formal cemeteries?X Response: Due to the highly dis turbed urban setting of the site, there are minimal adverse effects to cultural resources. There are no known or expected cultural resources on the project site. Sources: Project Application and exhibits (11/17/15) Mitigation: None required. 116 Resolution No. 2017-3647 Page 13 F.GEOLOGY AND SOILS -Would the project: 1)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i)Rupture of a known earthquake fault, as delineated on the Potentially Significant Impact most recent Alquist-Priolo Earthquake Fault Zoning Map --­ issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv)Landslides? 2)Result in substantial soil erosion or the loss of topsoil? 3)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and --­ potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 4)Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial --­ risks to life or property? 5)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems --­ where sewers are not available for the disposal of waste water? Less Than Significant With Mitigation Incorporated Less Than Significant Impact X X X X X X X X No Impact Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is, however, located in a liquefaction hazard zone; therefore, geotechnical measures will be incorporated into the project design as required by the Seismic Hazards Mapping Act. Sources: Project Application and exhibits (11/17/15), Alquist-Priolo Earthquake Fault Zone Map (Simi Valley West, 1999), Seismic Hazard Zone Map (Simi Valley, 1997) General Plan Safety Element (2001 ). Mitigation: None required. 117 Resolution No. 2017-3647 Page 14 Potentially Significant Impact G.GREENHOUSE GAS EMISSIONS -Would the project: 1) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the --­ environment? 2)Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact X Response: The Ventura County Air Pollution Control District has not yet adopted any approach to setting a threshold of significance for land use development projects in the area of project greenhouse gas emission. The project will generate less than significant impacts.to regional and local air quality and the project will be subject to a conditions approval to ensure that all project construction and operations shall be conducted in compliance with all APCD Rules and Regulation. Furthermore, the amount of greenhouse gases anticipated from the project will be a small fraction of the levels being considered by the APCD for greenhouse gas significant thresholds and far below those adopted to date by any air district in the state. Therefore, the project specific and cumulative impacts to greenhouse gases are less than significant. Sources: Project Application and exhibits (11/17/15), Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003). Mitigation: None Required. H.HAZARDS AND HAZARDOUS MATERIALS -Would the project: 1)Create a significant hazard to the public or the environment through the routine transport, use, or disposal --­ of hazardous materials? 2)Create a significant hazard to the public or the environment through reasonably foreseeable upset and --­ accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one---­ quarter mile of an existing or proposed school? 4)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government --­ Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of --­ a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X X X X X 118 Resolution No. 2017-3647 Page 15 6) For a project within the vicinity of a private airstrip, would Potentially Significant Impact the project result in a safety hazard for people residing or --­ working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency --­ evacuation plan? 8)Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X X Response: There are no known hazards on the project site, nor will new hazards be created as a result of the project. Sources: Project Application and exhibits (11/17/15), General Plan Safety Element (2001) Mitigation: None required. I.HYDROLOGY AND WATER QUALITY -Would the project: 1)Violate any water quality standards or waste discharge requirements?---- 2)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there ---­ would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ---­ stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? 4) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ---­ stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems ---­ or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard boundary or Flood ---­ Insurance Rate Map or other flood hazard delineation map? 8)Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ---- X X X X X X X X 119 Resolution No. 2017-3647 Page 16 9) Expose people or structures to a significant risk of loss, Potentially Significant Impact injury or death involving flooding, including flooding as a --­ result of the failure of a levee or dam? 10) Inundation by seiche, tsunami, or mudflow? Less Than Significant With Mitigation Incorporated X Less Than Significant Impact No Impact Response: The site is partially within a within a FEMA identified 100-year flood hazard area. On site grading and improvements may affect existing drainage patterns. The Project Site is located immediately north and adjacent to the Arroyo Simi which is a Ventura County Watershed Protection District (District) jurisdictional redline channel which is regulated under Watershed Protection District Ordinance WP-2 enacted October 13, 2013. The proposed development will generate a significant amount of impervious surface area as well as drainage connections to the Arroyo Simi. The Ventura County Watershed Protection District (Groundwater Resources and Watershed Planning and Permits Divisions) provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on hydrology and water quality (attached). Sources: Grade Drainage Study/Preliminary Geologic and Geotechnical Engineering Study/Project Application (3/14/03), Ventura County Watershed Protection District, General Plan Safety Element (2001 ), Moorpark Municipal Code. Mitigation: The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 100 year floodplain. The applicant shall comply with all of the requirements of the CLOMR. In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project cannot impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event (10-, 25-, 50-, and 100-year). The Project Propon ent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. 120 Resolution No. 2017-3647 Page 17 Potentially­ Significant Impact J.LAND USE AND PLANNING -Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project --­ (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3)Conflict with any applicable habitat conservation plan or natural community conservation plan?--- Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X X Response: The Tentative Tract Map and Residential Planned Development Application were filed concurrently with a General Plan Amendment and Zone Change. The applications and plans are internally consisten't and, if approved, will not conflict with any other plans. The project is consistent with the goals and policies of the General Plan. Sources: Project Application and exhibits (11/17/15), General Plan Land Use Element (1992) Mitigation: None required. K.MINERAL RESOURCES -Would the project: 1)Result in the loss of availability of a known mineral resource that would be of value to the region and the --­ residents of the state? 2)Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general --­ plan, specific plan or other land use plan? Response: There are no known mineral resources on site. X X Sources: Project Application and exhibits (11/17/15), General Plan Open Space, Conservation, and Recreation Element ( 1986) Mitigation: None required. L.NOISE -Would the project result in: 1)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or --­ noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?--- 3)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the --­ project? X X X 121 Resolution No. 2017-3647 Page 18 4) A substantial temporary or periodic increase in ambient Potentially Significant Impact noise levels in the project vicinity above levels existing --­ without the project? 5)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of --­ a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project --­ area to excessive noise levels? Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact X X Response: There will be a temporary increase in noise .during grading and construction. Noise generators will be required to ·comply with the City's Noise Ordinance and allowed hours of construction. Future residents on site may be subject to excessive noise levels from traffic on Los Angeles Avenue and Spring Road. Sources: Noise Study/Project Application and exhibits (11/17/15), General Plan Noise Element (1998) Mitigation: A sound wall, at least eight (8) feet in height on the project side, shall be constructed along the Los Angeles Avenue and Spring Road Frontages, and adjacent to the commercially zoned property. Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway will require upgraded windows, as follows: A.For all first row units, first floor windows will require STC rating greater than or equal to 26. B.For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. C.For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. D.For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to revent vehicle noise intrusion. 122 Resolution No. 2017-3647 Page 19 Potentially Significant Impact M.POPULATION AND HOUSING-Would the project: 1)Induce substantial population growth in an area, either directly (for example, by proposing new homes and --­ businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, necessitating the construction of replacement housing --­ elsewhere? 3) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?--- Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact X X Response: This project will have a beneficial impact of helping to achieve housing goals in sup port of the Housing Element of the General Plan. There will be no negative impacts related to population growth or housing. Sources: Project Application and exhibits (11/17/15) Mitigation: None required. N.PUBLIC SERVICES 1)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? other p1,1blic facilities? X X X X X Response: While some incremental impact on public services is to be expected, the impacts are not significant. Development fees and increased property taxes will be paid to fund required public services. Sources: Project Application and exhibits (11/17/15), General Plan Safety Element (2001 ), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. 123 Resolution No. 2017-3647 Page 20 0.RECREATION 1)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2)Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X X Response: On site recreational facilities are proposed. Park and recreation fees will be paid. No Impact Sources: Project Application and exhibits (11/17/15), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. P.TRANSPORTATION/TRAFFIC-Would the project: 1)Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance --­ of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 2)Conflict with an applicable congestion management program, including, but not limited to level of service --­ standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 3)Result in a change in air traffic patterns, including, either an increase in traffic levels or a change in location that --­ results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or --­ incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6)Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, ---­ bicycle racks)? X X X X X X X 124 Resolution No. 2017-3647 Page 21 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated lmoact Impact Response: The proposed project will not reduce the level of service (LOS) of intersections in the area. Access to the site will be provided from the Los Angeles Avenue and Spring Road. Adequate parking will be provided on site, including within garages, driveways and on public and private streets. The Project will pay Los Angeles Avenue Area of Contribution Fees in effect at the time to fund core improvements to the Los Angeles Avenue corridor. The Project will pay a Citywide Traffic Mitigation Fee of Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit, adjusted annually commencing January 1, 2019 in order to fund street improvements to mitigate its cumulative contribution to traffic throughout Moorpark. In addition, project will be subject to the County Traffic Impact Mitigation Fee Agreement. The County of Ventura Public Works Agency Transportation Department provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on transportation and traffic (attached). The California Department of Transportation provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on transportation and traffic (attached). Sources: Project Application and exhibits (11/17/15), General Plan Circulation Element (1992) Mitigation: None Q.UTILITIES AND SERVICE SYSTEMS -Would the project: 1)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?--- 2)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing --­ facilities, the construction of which could cause significant environmental effects? 3)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the --­ construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new --­ or expanded entitlements needed? 5) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has --­ adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6)Be served by the landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?--- X X X X X X 125 Resolution No. 2017-3647 Page 22 7) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact Response: Utilities and service systems within the area are adequate to serve the project. Develop ment fees will be paid to fund required utilities and service systems, or they will be provided by the developer. Sources: Project Application and exhibits (11/17/15), Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002). Mitigation: None required. R.MANDATORY FINDINGS OF SIGNIFICANCE 1)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish --­ or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2)Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively --- considerable" means that the incremental effect of a project are considerable when viewed in connection withJhe effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either --­ directly or indirectly? Response: This is an infill project on a substantially disturbed site within an urban setting. Sources: See below. X X X 126 Resolution No. 2017-3647 Page 23 Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1.Environmental Information Form application and materials submitted 11/17/15. 2.Comments received from (departments) in response to the Community Development Department's request for comments. 3.The City of Moorpark's General Plan, as amended. 4.The Moorpark Municipal Code, as amended. 5.The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 2004-2224. 6.Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7.Ventura County Air Quality Assessment Guidelines, October 31, 2003. Attachments: Correspondence from Ventura County Air Pollution Control District Correspondence from California Department of Fish and Wildlife Correspondence from Ventura County Watershed Protection District -Groundwater Resources Correspondence from Ventura County Watershed Protection District -Watershed Planning and Permits Correspondence from County of Ventura Public Works Agency Transportation Department Correspondence from California Department of Transportation 127 Resolution No. 2017-3647 Page 24 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT Memorandum TO: Joseph Fiss, Economic Development and Planning Manager, City of· Moorpark DATE: November 2, 2017 FROM: Alicia Stratton SUBJECT: Request for Review of Mitigated Negative Declaration for Development Agreement 2015-01, City of Moorpark (RMA Reference No. 17-022) Air Pollution Control District staff has reviewed the subject Mitigated Negative Declaration (MND), which is a proposal for a 95-unit condominium project on 8.25 acres. The project location is the south side of Los Angeles Avenue, West of Spring Road and north of Arroyo Simi in the city of Moorpark. Page 3 of the MND addresses air quality issues. This discussion indicates that air quality impacts from the project would be greater than the 25 lbs/day threshold ofNOx and that a standard condition of approval has been added to the project for the developer to pay a contribution to the City's Air Quality fund, thereby reducing this impact to a less than significant level. The discussion also indicates that the project is estimated to result in approximately 6.15 tons ofNOx per year and 4.93 tons per year of ROG. We are aware that the City of Moorpark assesses annual air pollution impacts, not daily emissions. Please note that Ventura County Air Pollution Control District's air thresholds for significance of development projects is 25 pounds per day for reactive organic compounds (ROG) and oxides of nitrogen (NOx) as described in the Ventura County Air Quality Assessment Guidelines; according to this measurement, the project as described would not exceed this daily threshold for these pollutants. And although the discussion also indicates that no additional mitigation is needed, the District recommends the following conditions be placed on the project to help minimize fugitive dust, particulate matter and creation of ozone precursor emissions that may result from the project: I.The area disturbed by clearing, grading, earth moving, or excavation operationsshall be minimized to prevent excessive amounts of dust;2.Pre-grading/excavation activities shall include watering the area to be gradedor excavated before commencement of grading or excavation operations.128 Resolution No. 2017-3647 Page 25 Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; 3.Signs shall be posted onsite limiting traffic to 15 miles per hour or less. 4.All clearing, grading, earth moving, or excavation activities shall cease duringperiods of high winds (i.e., wind speed sufficient to cause fugitive dust to impactadjacent properties). During periods of high winds, all clearing, grading, earthmoving, and excavation operations shall be curta.iled to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard, either offsite or onsite. 5.Personnel involved in grading operations, including contractors andsubcontractors, should be advised to wear respiratory protectio� in accordance with California Division of Occupational Safety and Health regulations; and, 6.Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible to the public off thesite: (805) 645-1400 during business hours and (805) 654-2797 after hours. Thank you for the opportunity to review this project If you have any questions, please call me at (805) 645-1426 or email alicia@vcapcd.org. 129 Resolution No. 2017-3647 Page 26 • ' ··· :.. · State of California -Natural lr�� ... u=rc=e=s�A-q-e~nc�v _______ �E=-GJ?,:�NO G. BROWN JR.. Governor. . DEPARTMENT OF FISH A�t&fj WILDLIFE '&Y�RLTON H. BONHAM. Director South Coast Region 3883 Ruffin Road ·San Diego. CA 92123 . >, ,·, · .•. . (858) 467-4201 ·· · www.wildlife.ca.gov Oct9ber 31, 2017 Mr. Joseph Fiss Economic Development and Planning Manager City of Moorpark-Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 jfiss@moorpark.gov Subject: General Plan Amendment No. 2015-02, Zone Change No. 2015-03, .... :Re;1J.del"!tial. �lan11ed .pevelopm�nt No. 201 S:.02, Yes.ting. Tentative Tract ·Map No, 5972, and l)evelopmentAgreement N,o. 2015-0.1, ·at 95-UnitTownhouseCondominium Project on 8.25 acres (Project) SCH: No. 2017101005 Dear Mr. Fiss: The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt a Mitigatec:! Negative Decl.aration (MND) circulated by the City of Moorpark (Lead Agency). The Lead Agenoy'.s MND is for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972, and DevelopmentAgreement No. 2015-01, a 95-Unit Townhouse .Condominium Project on 8.25 acres (Project), pursuantto the California Environmental Quality Act (CEQA) and GEQA Gu.idelines. Thank you for the opportunity to provide comments .and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFVV, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFWRO.LE CDFW is Califomia's Trustee Agency fer fish and wildlife resources, and holds those resources in trust by statute for all the people of the state. (Fish & G. Code,§§ 711.7, subd. (a) & 1802; Pub. Resources Code,§ 21070; CEQA Guidelines§ 15386, subct (a)). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for p1,1rposes of CEQA, the law charges CDFW to provide as available, biological expertise during public agency environmental review effort$, focusing specifically on projecti; and related activijies that have the potential to adversely affect fish and wildlife resources. CDFW is als.o submitting comments as a Responsible Agency under CEQA, (Pub. Resources Code,§ 21069; CEQA Guidelines,§ 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Ccide. As. proposed, for example, the Project may be subject to CDFW's lake and streambed alteration regulatory authority, (Fish & Conserving Ca{ifornia's Wifd{ije Since 1870 130 Resolution No. 2017-3647 Page 27 Mr. '.ioseph Fiss City of MoorparkOctober 31, 2017 Page3 of6 Specific impact: The loss. of 40 trees on-site and the associated benefit that on-site trees provide to local avian species for nesting habitat be considered a permanent impact The Lead Agency methodology for determining the appraised value, nor the appraised value of the 40 trees is disclosed in the MND. The Lead Agency's Mf\JD also indicates that if the Project cannot incorporate trees equal to the appraised value, the City of Moorpark is to receive compensation for the loss of the appraised value of the trees. Why impact would occur: Trees identified in a 2015 Tree Report for removal to develop the Project as proposed. Evidence ijmpact would be significant: The proposed Project site is currently a semi­ disturbed Open Space With several trees and shr1:1bs, and several small and infrequently used structures. The Lead Agency's MND states that the applicant shall remove 40 trees on the site. If sufficient space doea not. exist. to. mitigate the .removal ·ot the trees, .the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the .trees planted .on site. The transference of. monies betweeri the applicant and the Lead Agency does not mitigate the significance of the impacts, as this would be considered deferred mitigation, which does not avoid, minimize, or fully offset Project -related impacts. Recommended Potentially Feasible Mitigation Measure(s) ·II/litigation Measure #1: To minimize significant impacts: The Project site is just north of the Arroyo Simi, a perennial stream with a large riparian area, which provides a significant-habitat resource to locally occurring aquatic and• terrestrial species. CDFW recommends trees be replaced with native species·local to the area. In addition, if sufficient space does not exists on­ site; the remaining trees should be planted •alijacent to the Project, or off-site to enhance the riparian buffer between the Project site and the Arroyo Simi. Trees co.uld also be placed within are�s preserved aswildland Opeo Space, or the Lead Agency could propose acquisition and enhancement of a mitigation parcel of sufficient size to incorporate the. remaining number of replacement trees. Mitigation Measure #2: To minimize significant impacts: CDFW recommends the Lead Agency include the economic val1,1e of on--site wildlife and wildlife use of the trees when determining the appraisal values of the trees. II.Envlronmental Setting and ReJa�d Impact Shortcoming Issue #1: There does not appear to have been any nesting ·bird surveys conducted, or proposed nesting .bird surveys, prior to the removal of the 40 trees on .the Project site. Additionally, the "MND does not state when the removal of th.ese trees will occur. Specific impact: The loss of the 40 trees, if not replaced on�site, would be a permanent significant impact to locally occurring native nesting birds. Why impact would occur: Trees have been identified in a 2015 Tree Report for removal to develop the Project as proposed. Evidence impact would be significant: The Riparian area of the Arroyo Simi is a probable location for many species of native aquatic and terrestrial species, especially nesting birds. In 131 Resolution No. 2017-3647 Page 28 Mr. Joseph FissCity of Moorpark October 31, 2017 Page 4 of 6 the absence of any surveys conducted by the applicant, it is unknown if locally occurring bird species using the Arroyo Simi riparian area are also using trees on the adjacent, proposed Project site as nesting habitat. Recommended Potentially.Feasible Mitigation Measure(s) Mitigation Measure #1: To minimize significant impacts: CDFW recommends mitigation of impacts to the 40 trees include establishing a buffer of herbaceous plants and shrubs between the Project site and adjacent the Arroyo Simi Riparian area and Arroyo Simi Floodplain. These plantings should consist of like-kind plant assemblages, listed in the MND 2015 Tree Report. Establishment of the buffer would minimize edge effects and the movement of non-native weeds and Argentine ants into the adjacent open space and riparian area of the Arroyo Simi (Holway, Suarez, and Case, 2002; Porensky, and Truman 2013; Simberloff, et al., 2013). Mitigation Meas ure #2: To minimize significant impacts: CDFW recommends nesting bird surveys be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species should conduct the surveys. Survey findings should be disclosed to decision­ makers prior to adoption of the MN D, as the results may influence the need for additional avoidance, minimization, and mitigation measures. Additional nesting bird surveys should be conducted prior to any ground disturbing or vegetation removal activities. Mitigation Measure #3: To minimize significant impacts: CDFW recommends the Lead Agency's MND include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. Nests missed during pre-project surveys could lead to nest abandonment during Project implementation. CDFW recommends avoiding the nesting bird season, which generally runs from February 1st through September 1st (as early as January 1st for some raptors), for all Project-related activities, to avoid take of birds or their eggs. Migratory nongame native bird species are protected by international treaty under tlie Federal Migratory Bird Treaty Act (MBT A) of 1918 (Title 50, § 10.13, Code of Federal Regulations). Additionally, Sections 3503, 3503.5, and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests including raptors and other migratory non-game birds (as listed under the Federal MBTA). If avoidance of the avian breeding season is not feasible, CDFW recommends the Lead Agency develop a nesting bird's management plan, submitted to CDFW for review, prior to ground disturbing or vegetation removal. All Project personnel, including contractors working on-site, should be provided a copy of the nesting bird's management plan, and instructed how to avoid nests and nest buffer areas. Reductions in the nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity, screening vegetation, or possibly other factors. Issue #2: The Arroyo Simi, a perennial stream adjacent to the Project site, has the potential to support a wide variety of state-listed, state species of special concern, and native aquatic and terrestrial species. Project modifications may affect the hydrology of the Arroyo Simi stream, as well as its functions and values; consequently, it may become uninhabitable for local fish and wildlife species. 132 Resolution No. 2017-3647 Page 29 Mr. 'joseph Fiss City of Moorpark October 31, 2017Page 5 of6 Specific impact: Without a hydrology report, it is not possible for CDFW to assess potential impacts from runoff of impervious surfaces from the Project site that empty into the Arroyo Simi. Why impact would occur: The Project would create 8.25 acres of newly constructed impervious surfaces. Recommended Potentially Feasible Mitigati<>n Measure{s) Mitigation Measure #1: To minimize significant impacts: CDFW acknowledges that the Lead Agency will transfer through deed title those portions north of the Project site known as the. Arroyo Simi Floodplain, Arroyo Simi Riparian Corridor, and Arroyo Simi Str1;1am, to a conservation entity to manage and preserve in perpetuity (Arroyo Simi Open Space) for wildlife resources. CDFW .re.commends that the Lead Agency re.quire the Project applicant to provide. an endowment, sufficient to manag.e this area within the.Arroyo.Simi Open Space, for a SQ.year management period. The endowment should be used by the conservation entity for fencing (if necessary), weed management (a weed management plan should be contracted between the Lead Agency and conservation entity},. trash removal, and miscellaneous person hours required to properly manage this area within the Arroyo Simi Open Space for the highest habitat value possible for 9-quatic and terrestrial speci$s. Mitigation Measure #2: To minimize significant impacts: CDFW has regulatory authority with regard to activities occurring in streams and/or lake$ _that could adversely affect any fish or wildlife resource. For any activity that will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may Include associated riparian resources) of a river or stream or use material from a streambed, the Project appliCt,ilnt must provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Cpde .. J:lj:tsed on this notification and other.information, CDFW then determines whether a Lake and Streambed Alteration· (LSA) Agreement is req1,1ired. CDFW's is�uance of an LSA Agreement is a project subject to CEQA. To facilitate issuance of a LSA Agre.ement; if necessary, the environm1:1ntal document sho1,1ld fully identify the potentlal impi,icts to the lake, stream or riparian �ureas and provide aqequate avoidance, mitigatioh, monitoring and reporting commitments for issuance of the LSA Agreement. Early consultation is recommended, since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources. Again, the failure to include this-analysis in the Project's environmental document could preclude CDFW from relying on the Lead Agency's.analysis to issue a LSA Agreement without CDFW first conducting its own, separate Lead Agency subsequent or supplemental analysis for the Project. Information on submitting a Notification for a LSA Agreement, the current fee schedule, and timelines required in obtaining an Agreement and found using the following i.JRL: https://www.wildtife.ca.gov/Conservation/LSA. ENVIRONMENTAL DATA CEQA requires that infon:nation developed in environmental impact reports and negative declarations be incorporated into a database, which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code,§ 21003, subd (e)). Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form located at the following link: http:l/www.dfg.ca.gov/biogeodata/cnddb/pdfs/CND0B FieldSurveyForm.pdf. The completed form mailed electrpnically to CNDDB at the following 133 Resolution No. 2017-3647 Page 30 DATE: TO: FROM: VIA: SUBJECT: Ventura County Watershed: P·rotection District Groundwater Resources "Ml:MORANDUM October 31, 2017 OUE_DATE: 11-2-17 Anthony Ciuffetelll, RMA/Planning /EDR Coordinator QavldJ. -ro,P.G. Wa1ar Rasa,_ SpectaNat JJ?�_-. :·• •·•_-. Kimball R. Loeb, PG, CEG, CHG, Grc,undwater Manag ,-, _ -· ._. -. . . . RMA Ref. # 17-022, RPO No. 2015-02; City of Moorpark The Ventura County Watershed Protection District (VCWPD) Groundwater Resources Section completed a preliltiinary revi$W ofa Notice of Intent to a�opt a Mitigated. Negative Dectaratiori_ to effect a General Plan Amendment (Ne:,. 2()15--02); Zone Change (No. 2015-03), Residem.lal Planned OevEifopment (No. 2015-0Z)., ··vest1ng· NilQafwe Tr.act Map (Map No. 5972), .arid Development Ag�ent (No. 2015--0.1), for a prq,osed 95-uJlit townhouse condomink!m project on 8,l5.a• wi\hin � City of �i:k. 1n.a�_nt;e with -the Co� of v� llliti$1 Site �ssment Gu�elines(ISAG) we are providing th$follQWing comments: PROJECT LOCAiiON.. . •, ·•, ' The proposed ,project wm be loCllted between Los Angeles Avenue on the north, Spring Road on tfie e� and the SQuthem edge of Arroyo Simi to thEi "11.rth-�ingle family hof'!18,1Qts abi,Jt the projept's ea$tetn· boundary, Two"· current legal parcels ,(50$-0,-020;,570 and 506-0-020,640 at 1 .430and6.8l6·ac,:es:respecpve,y)·will�cornb�tomake upthe8.25--gl'O!ls acre.projet:tsite, A ·gQOCt poitiQn ofthe proj� iS ll1t!u�ble-whe.te the County bolds a permanent water course easement -(Right"Of,..Way 1:0004.0231:'.) thr ough which the -ArrtJyo -SimJ c11anne1 prese.r.itly flows. A�dltlorlal li!lnd �ea will lil.<ety "-Jaken up by COi'IS.truction of a Stotmwater Retention �$iii along the northern boundary of the Cpuhty easement as a typical mitigation neceaaary to cor-l_tr<>I site 11:.!noff, toss of land suf:face �eability (grou�r recharge), and to mitigate ·any .additional · incn,ases tQ-th$ exlSting design channel maximum flow VC)l1,1me capacity. GROUNDWATERJSSUES The County of Ventura � not have any records indicating the presence of water wells on the proposed site. As identified ii) the·Nooc;e of Intent to adopt a Mitigated NegatiVe Declaration potential impacts and mitigations checklist, the proposeq deveiil>plrient will generate a signifieant amou_nt -of impervious surfa� runoff, This impedes .infiltratlon of .precip/tation and groundwa_ter recharge -and can be ci.rmul�tively significant. The District recommends the finding for Section L Hydrology and Water QIJ81ity, Impact Item 2 be changed from "No Impact· to "Less-than­Significant". CC: K:\Programs\Groundwater\Project Revlews\RMA 17-022 City of Moorpark 95-Unit Townhouses 134 Resolution No. 2017-3647 Page 31 DATE: TO: FROM: SUBJECT: VENTURA COUNTY WATERSHED PROTECTION DISTRICT WATERSHED PLANNING AND PERMITS DIVISION 800 South Victoria Avenue, Ventura, California 93009 Sergio Vargas, Deputy Director -(805) 650-4077 MEMORANDUM October 31, 2017 Anthony Ciuffetelli, RMA Planning/EDR Coordinator Sergio Vargas, Deputy Director RMA Ref#17-022 NOP to Adopt MND, Spring Rd. LLC TTM �972 APN: 506002064, 506002057 Zone 3 Watershed Protection District Project Number: WC2017-0070 INCOMPLETE Pursuant to your request for comments of Notice of lntent to Adopt a Mitigated Negative Declaration, dated October 5, 2017, this office appreciates the opportunity to review and. comment on 1he submitted materials and provides the following comments. PROJECT LOCATION: South side of Los Angeles Avenue (SR-118), west of Spring Road and north of Arroyo Simi (4875 Spring Road and 384 Los Angeles Avenue) PROJECT DESCRIPTION: A request to develop ninety-five (95) townhouse condominium dwellings and a recreation facility on 8.25 acres, located, south of Los Angeles Avenu.e (Hwy118) and west of Spring Road. The application-consists of a Residential Planned Development (RPO), a tentative tract map to subdivide five parcels into one lot for condominium purposes, a General Plan Amendment (from General Commercial to Residential Very High Density and Floodway)·and a Zone Change (CPD to Residential Planned Development [RPO] and Open Space [OS]). APPLICATION COMPLETENESS: INCOMPLETE -from our area of concern. WATERSHED PROTECTION.DISTRICT COMMENT S: Comments from Advanced Planning Section: 1.The project proposes a 48" RCP storm drain connection into the Arroyo Simi channel and District facility approximately 400 feet west of Spring Road. Please indicate who will be responsible for the proposed storm drain connection. The 135 Resolution No. 2017-3647 Page 32 Page2 of4 October 31, 2017 RMA Ref#l 7-022 NOP to Adopt MND, Spring Rd. LLC proposed connection will require an encroachment permit from the Watershed Protection District in accordance with WP-2 Ordinance. The design of the proposed storm drain connection shall comply with Ventura County Watershed Protection Standards of Design. 2.In the submitted October 26, 2015 Drainage Report for TTM 5972 at 4875 Spring Road by Delane Engineering, the H&H calculations are mostly focused on internal drainage issues. There is an absence of a detailed discussion of the· effects of external flood control impacts in the drainage report. Based on the information provided in the report, there are several impacts the project has yet to adequately address as result of the proposed fill in the floodplain and they are as follows: The channel flood flow and velocity are being increased, the FEMA Regulatory Floodway is being encroached on by development and the storage volume in the floodplain is being decreased. Per District Ordinance WP-2, Sec,tion 202, uNo person shall do or commit or cause to be done or committed any of the following described acts without first obtaining a written permit from the District: " .... (c) Alter the surface of land by construction, excavation, embankment or otherwise, so as to alter the capacity of a watercourse or the characteristics of the flow of water therein .... " The proposed development is altering the characteristics of flow in the channel by the proposed fill in areas of existing floodplain and floodway, therefore, the project shall include mitigation measures to address impacts to existing channel as result of the proposed fill in accordance with WP-2 Ordinance. For instance, after full development, the Arroyo Simi flood control system will lose flood storage during a 1 % flood event. The increased volume in the channel will increase flow velocity, increase erosion, potentially increasing channel maintenance costs. Please analyze and create a mitigation plan for handling potential impacts of loss in flood storage volume, increase in velocity and erosion. 3.The study shall identify and quantify the natural flood storage being impacted by the project. Please submit a revised drainage report and submit to District for review and approval, including proposed mitigation measures. Please be aware that the natural floodplain plays an important role in flood control and flood attenuation and is an integral part of the system hydrology. Developments within floodp.lains diminish the storm water storage functions of floodplains and may have negative hydrologic impacts. The hydrologic impacts of an individual development may be small relative to the size of the hydrologic system, but the cumulative impacts can be significant. 136 Resolution No. 2017-3647 Page 33 Page3 of4 October 31, 2017 RMA Ref#! 7-022 NOP to Adopt MND, Spring Rd. LLC 4.The project shall dedicate in fee of Parcel X ·at recordation of the Final Map of TTM5972 consistent with District resolution dated November 4, 1997 for right of way reservation along the Arroyo Simi recorded February 4, 1998. Please review proposed development limits adjacent to the Arroyo for consistency with right of way reservation. A.Detailed Comments 1.Page 7 of the Drainage Report does not provide substantiated basis for asserting the proposed fill which has no impact on FEMA's Based flood Elevation and /or adjacent properties. In addition, the project proposes to fill · within the existing FEMA regulatory Floodway which means that the Arroyo Simi will experience an elevation rise greater than one foot transferring impacts to the Arroyo Simi, a District jurisdictional channel as result of the proposed development without appropriate mitigation. The project shall consider the improvement of the Arroyo Simi as means of compensatory volume mitigation. 2.Please show in the report existing and proposed floodplains and floodways in the site plan exhibit to better understand the impacts. 3.The Permittee shall obtain a Watercourse Permit from the Ventura County Watershed Protection District (District) to ensure that development is compliant with the Ventura County Watershed Protection District Ordinance WP-2. The purpose of the permit is to mitigate potential hydraulic impacts to neighboring properties, prevent altering . the characteristics of the flow of water except as allowed under the Watercourse· Permit within the Arroyo Simi which is a District jurisdictional channel, and to prevent potential downstream migration of improperly constructed on-site structures and other improvements. The permit application shall include the following: a.Construction plans prepared, signed, and stamped by a California licensed civil engineer including but not limited to, a site plan depicting general drainage trends, existing and proposed topography and elevations, proposed improvements in both plan and profile, and construction details that meet the standards of the City of Simi Valley and the Ventura County Watershed Protection District; b.Site specific hydrology for existing and proposed conditions that conforms to the Ventura County Watershed Protection District's Hydrology Manual, latest edition, and that continues to demonstrate compliance with the District's requirement that runoff after development not exceed the runoff under existing conditions for any frequency of event; c.Hydraulics using a methodology and/or computer model applicable to the proposed improvements and acceptable to the Ventura County Watershed Protection District. Such models include HECRAS and WSPG, latest editions. Models must incorporate all project aspects, including landscaping and vegetative mitigation and be performed on a sufficient 137 Resolution No. 2017-3647 Page 34 Page4 of4 October 31, 2017 RMA Ref#l 7-022 NOP to Adopt MND, Spring Rd. LLC channel length to show all project impacts. The floodway of the Arroyo Simi should be delineated on all applicable project plans to demonstrate that capacity is available to pass the flood flow. The City of Moorpark is the floodplain administrator and we anticipate that the City's requirements will preclude any fill or other construction within the floodway limits and prescribe restrictions for any loss of storage or increase in water surface elevation for the 1-percent chance flood peak discharge within Arroyo Simi; d.A California licensed civil engineer shall perform a sediment transport study and a detailed scour analysis for the proposed improvements, or provide an analysis and recommendations as to why such studies may not be needed in this case; e.Provide a detailed geotechnical study demonstrating adequate support for the proposed irnprovements·prepared by a California licensed geotechnical (soils engineering) consultant; f. Provide structural calculations and details prepared, signed, and stamped by a California licensed structural or civil engineer as necessary to demonstrate that the proposed improvements will be stable under the project loading conditions expected including hydraulic irnpact loading; END OF TEXT 138 Resolution No. 2017-3647 Page 35 County of Ventura PUBLIC WORKS AGENCY TRANSPORTATION DEPARTMENT Traffic, Advance Planning & Permits Division MEMORANDUM DATE: 10/31/2017 TO: RMA Planning Division Attention: Anthony Ciuffetelli FROM: Anitha Balan, Engineering Manager II SUBJECT: REVIEW OF DOCUMENT 17-022 EIR Project: City of Moorpark 95-Unit Condo Development Lead Agency: City of Moorpark Develop ninety-five (95) townhouse condominium dwellings and a recreational facility on 8.25 acres. Located at 4875 Spring Road, Moorpark. Pursuant to your request, the Public Works Agency -Transportation Department has reviewed the EIR for the City of Moorpark 95-Unit Condo Development. The proposed project consists of ninety-five (95) townhouse condominium dwellings and recreation facility on 8.25 acres, located south of Los Angeles Avenue (Highway 118) and west of Spring Road. The City of Moorpark has prepared a Mitigated Negative Declaration for the following project General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972 and Development Agreement No. 2015-01, a 95 unit townhouse condominium. We offer the following comment(s): 1.We generally concur with the comments in the MND for those areas under the purview of the Transp ortation Department. No project specific impacts on County roadways were identified in the MND. 2.The cumulative impacts of the development of this project, when considered with the cumulative impact of all other approved (or anticipated) development projects· i!'l the County, will be potentially significant. To address the cumulative adverse impacts of traffic on the County of Ventura Regional Road Network, the appropriate Traffic Impact Mitigation Fee (TIMF) should be paid to the County when the development occurs . Based on the information provided in the MND for the 95-unit townhouse condominium project and the reciprocal 139 Resolution No. 2017-3647 ·Page 36 agree ment between the City of Moorpark and the County of Ventura, the fee due to the County is: $16,245 = 95 DU x $171.00 per DU The above estimate is based on information provided in the Transportation/Traffic Discussion in the MND/1S dated October 2, 2017. This project is located in Traffic District #4. The above estimated fee may be subject to adjustment at the time of deposit, due to provisions in the ·TIMF Ordinance allowing the fee to be adjusted for inflation based on the Engineering News Record Construction Cost Index. Our review is limited to the impacts this project may have on the County's Regional Road Network. 2 140 Resolution No. 2017-3647 Page 37 Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; 3.Signs shall be posted onsite limiting traffic to 15 miles per hour or less. 4.All clearing, grading, earth moving, or excavation activities shall cease duringperiods of high winds (i.e., wind speed sufficient to cause fugitive dust to impactadjacent properties). During periods of high winds, all clearing, grading, earthmoving, and excavation operations shall be curta.iled to the degree necessary toprevent fugitive dust created by onsite activities and operations from being a.nuisance or hazard, either offsite or onsite. 5.Personnel involved in grading operations, including contractors andsubcontractors, should be advised to wear respiratory protection in accordancewith California Division of Occupational Safety and Health regulations; and, 6.Signs displaying the APCD Complaint Line Telephone number for publiccomplaints shall be posted in a prominent location visible to the public off thesite: (805) 645-I 400 during business hours and (805) 654-2797 after hours. Thank you for the opportunity to review this project. If you have any questions, please call me at (805) 645-1426 or email alicia@vcapcd.org. 141 Resolution No. 2017-3647 Page 38 STATE Qf CAL!fQRNIA--CALIFORNIA STATETRA�TATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 7- omCE OF REGIONAL PLANNING I 00 S. MAIN STREET, SUITE 100 LOS ANGELES, CA 90012 PHONE (213) 897-6536 FAX (213) 897-1337 TTY 711 www.dotca.gov October 31, 2017 Mr. Joseph Fiss City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Fiss: Serious Drouglzt. Making Conservation a California Way of Life. RE: Spring Road LLC Sql#2017101005 GTS#07-VEN-2017-00088ME-MND Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project. The proposed Project would develop 95 townhouse condo units and a recreation facility on 8.25 acres, located south of Los Angeles Avenue (Hwy 118) and west of Spring Road. After reviewing the Mitigated Negative Declaration, Caltrans does not expect project approval .to result in a direct adverse impact to the existing State transportation facilities. In the spirit of mutual cooperation, Cal trans staff is available to work with your planners and traffic engineers for this project, if needed. If you have any questions regarding these comments, please contact project coordinator Ms. Miya Edmonson, at (213) 897-6536 and refer to GTS# VEN-2017-00088ME cc: Scott Morgan. State Clearinghouse "Provide a safe, sustainable, integrated and efficient transportation system to enl1ance California's economy and livability" 142 Resolution No. 2017-3647 Page 39 EXHIBIT B GENERAL PLAN AMENDMENT MAP GENERAL PLAN AMENDMENT 2015-02 E.LOS ANGELES AVE ! ,� I 1'0-t> � i:==) FLOOD WAY t:::::::J PROJECT = RPD-16 .5 l -C-2 = G ER L CDMMERClAL c:=J L = LOW DENSlTY RESIDENTIAL ( 1DU/AC) ',' c::J M • MEOILN DENSITY RESJDENTJAL (4DJ/AC) I ML = MEDIU DENSITY RESIDENTlAL (2DU/AC) 8 Ji' -VH = VERY HlGH DENSlTY RESIDENTIAL { 15DU/AC)¾ !·1-...:;;:l:r;;J-:-;,iz:,\iiit :.....sp_9_2_-__ , _=_c,;_R,;;;, LS;;;;B�E .. RG;;..;.S .. PE;,;C;..I_F.;.I c __ FL;.A_N ___________ -1 � ENGINEERING ;, 2612 S.JtTA -JC/\ 81.�D. Sl/111': l!:lti i =-�ft/M�. �l..rn!IMG CClW PROPOSED GENERAL PLAN FOR RPD-16.5,,.,, l )DELANE �-�--------------•-.,iiiiiili· '•""""'iiiiiilio.,1-•cc;.1•,-------------' :I•� l;ll.ff:'4fl•fl-Y iC'JQ.r.l 143 Resolution No. 2017-3647 Page 40 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2017-3647 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of December, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of December, 2017. �� Maureen Benson, City Clerk (seal) 144 RESOLUTION NO. 2017-3648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 5972 AND RESIDENTIAL PLANNED DEVELOPMENT (RPO) PERMIT NO. 2015-02 FOR THE DEVELOPMENT OF 95 CONDOMINIUMS ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE, ON THE APPLICATION OF SPRING ROAD LLC (MIKE ASHLEY, DON DUNCAN) WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015- 02 for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015-02 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, on December 6, 2017, the City Council adopted Resolution No. 2017-3647, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2015-02 and introduced Ordinance No. 458, approving Zone Change No. 2015-03, for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Vesting Tentative Tract Map No. 5972, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: ATTACHMENT 6 145 Resolution No. 2017-3648 Page 2 Findings per Government Code Sec. 66473.1 The subdivision design provides for, to the extent feasible, passive or natural heating and cooling opportunities with lots of sufficient size and spacing that include both southern exposure to the future homes and opportunities for landscaping to take advantage of shade and prevailing breezes. Findings per Government Code Sec. 66473.5 The proposed subdivision, together with the provisions for its design and improvement, is compatible with the goals, policies, general land uses, and programs of the City's General Plan as proposed to be amended by General Plan Amendment No. 2015-02, in that the proposed project will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. Findings per Government Code Sec. 66474 A.The proposed map is consistent with the City's General Plan as proposed to be amended by General Plan Amendment No. 2015-02, in that it would allow for the provision of an increased variety of housing types as well as affordable housing in a design that is both compatible in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. B.The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as proposed to be amended by General Plan Amendment No. 2015-02, in that they will provide an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. C.The site is physically suitable for the type of residential development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D.The development site, is relatively flat, is physically suitable for the proposed density of development at 16.5 units per acre, in that all City development standards would be met by the proposed project at this density. E.The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 146 Resolution No. 2017-3648 Page 3 F.The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G.The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that there currently are no known public access easements on the property, and property along the Arroyo Simi will be offered for dedication for flood control purposes. Findings per Government Code Sec. 66474.6 The project will be connected to the community sewer system operated by the Ventura County Water and Sanitation Division and all sewer waste will be treated at the Moorpark Wastewater Treatment Plant. There will be no discharge of sewer waste from the proposed subdivision in violation of existing water quality control requirements under Water Code Section 13000 et seq. Findings per Government Code Sec. 66478.1 et seq. The proposed subdivision fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements consistent with this Section will be provided per Conditions of Approval. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A.The site design, including structure locations, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the goals and policies of the City's General Plan and Zoning Ordinance as proposed to be amended by General Plan Amendment No. 2015-02 and Zone Change No. 2015-03, in that the proposed project will provide for an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. B.The proposed project, with the adoption of the Mitigated Negative Declaration and incorporation of the mitigation measures in the project to address biology, hazardous materials, hydrology, noise, and traffic issues, would not create negative impacts on or impair the utility of neighboring property or uses, in that the use proposed is similar to surrounding uses, and access to or utility of those adjacent uses are not hindered by this project. 147 Resolution No. 2017-3648 Page 4 C.The proposed project is compatible with existing and permitted land uses in the surrounding area where the development is to be located, in that the general character of development south of Los Angeles Avenue between Moorpark Avenue and Spring Road includes residential uses of varying densities, along with small-scale commercial uses. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves: A.Vesting Tentative Tract No. 5972 subject to the Standard and Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference; and B.Residential Planned Development Permit No. 2015-02, subject to the Standard and Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. The effective date of the approval of Vesting Tentative Map No. 5972 and Residential Planned Development Permit No. 2015-02 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2015-03 and the Ordinance for Development Agreement No. 2015-01, whichever occurs last. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of December, 2017. �nice S. Parvin, Mayor ATTEST: �� Maureen Benson, City Clerk Exhibit A -Standard and Special Conditions of Approval for Residential Planned Development Permit No. 2015-02 and Vesting Tentative Tract Map No. 5972 148 Resolution No. 2017-3648 Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2015-02 AND VESTING TENTATIVE TRACT MAP NO. 5972 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT 2015-02 1.This planned development permit will expire one year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 2.All traffic entering and exiting the project shall be restricted to right-turn-in/right­ turn-out only at the Los Angeles Avenue and Spring Road driveways. The final design of both of the driveways shall be subject to review and approval of the City Engineer/Public Works Director and the Community Development Director. The final design of the Los Angeles Avenue driveway shall also be subject to the review and approval of Caltrans. 3.The applicant shall replace the 40 trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2015. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. 4.Any future homeowner improvements to the individual homes and the exclusive use area shall follow the City's RPO (Residential Planned Development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 149 Resolution No. 2017-3648 Page 6 5.Soundwalls adjacent to Los Angeles Avenue, Spring Road, and adjacent to any Commercially Zoned Property shall be no less than eight (8') feet in height, when measured from inside of the project, constructed with tan-colored slumpstone with matching mortar with the final design, height, and location to be approved by the Community Development Director and City Engineer/Public Works Director, subject to ultimate pad elevations. 6.Soundwalls shall extend inward at project driveway entries at Los Angeles Avenue and Spring Road with enhanced landscaping at the entries facing the public rights-of-way to the satisfaction of the Community Development Director, City Engineer/Public Works Director, and Parks and Recreation Director. 7.A fence/wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director, and consistent with the Noise Study. Interior walls shall be a minimum height of six (6') feet from the highest finished grade. 8.Architectural enhancements, such as window reveals and plant-ans are required on all elevations subject to the approval of the Community Development Director. 9.Final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style subject to review and approval of the Community Development Director. 10. Painted and decorative sectional roll up garage doors shall be provided. Such garage doors shall include garage window glazing, compatible with the architectural style of each home including the affordable residences. Durable materials are required for trim on the ground floor levels of the homes, such as wood window trim, or¼" minimum cementous stucco coat over foam. 11.Any proposed change to the Architecture shall be considered by the Community Development Director upon filing of a Permit Adjustment application and payment of the fee in effect at the time of application. 12. Landscaping, in the form of vines and shrubs, shall be required to be installed in irrigated cut-outs between the garages. Permanent decorative trellis structures will also be required to provide support for such landscaping. Such landscaping shall be subject to the approval of the Community Development Director. 13.Clerestory windows shall be required on the second and third story of all elevations adjacent to 2-story homes within the Ivy Lane tract. The bottom of such windows shall not be lower than 5 feet from the adjacent floor. 150 Resolution No. 2017-3648 Page 7 14.It shall be the responsibility of the homeowner association to maintain designated private streets, the recreation area(s), project private streets, common area landscaping, and walls and fences. The Community Development Director and City Engineer/Public Works Director shall make the final determination as to the extent of homeowner association maintenance. 15.Amenities for the affordable housing units required by the Development Agreement and Affordable Housing Agreement shall be identical to the base level of amenities provided in the market-rate units, and shall include but not be limited to concrete tile roofs, air conditioning/central heating, washer/dryer hookups, garbage disposal, built-in dishwasher, concrete driveway, automatic garage door opener, flooring, countertops, and window coverings to the satisfaction of the Community Development Director. 16. There shall be no storage of recreational vehicles of any type on any lot, driveway, or street within the subdivision. This requirement shall be reflected on the Homeowner's Association (HOA) Covenants, Conditions, and Restrictions (CCR's). 17. The final location of all community mailboxes must be approved by the Community Development Director and City Engineer/Public Works Director prior to installation. 18. A two-car garage with an interior clear space of not less than 20 feet by 20 feet shall be maintained for the use of each unit. All garages must remain accessible for the storage of two vehicles at all times and may not be rented or sold separately. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 19.LED (or equivalent) street lights shall be used within the project, to be owned and maintained by the Homeowners Association. Design of street lighting shall be to the satisfaction of the Community Development Director and City Engineer/Public Works Director to ensure consistency with future LED ( or equivalent) street lighting to be used in the City. 20.Prior to issuance of building permits, the plans shall be submitted to the Police Department for Crime Prevention Through Environmental Design (CPTED) review and recommendations. 21.AII remainder areas not designated for homeowner use or vehicular maneuvering shall be landscaped, irrigated, and maintained by the Homeowner's Association as common area subject to the review and approval of the Community Development Director. 151 Resolution No. 2017-3648 Page 8 22.Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway will require upgraded windows, as follows: a.For all first row units, first floor windows will require STC rating greater than or equal to 26. b. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c.For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d.For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. 23. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. SPECIAL CONDITIONS FOR VESTING TENTATIVE TRACT MAP 5972 1.Vesting Tentative Tract Map No. 5972 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2.This subdivision shall expire three (3) years from the date of its approval. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the map and shall be accompanied by applicable entitlement processing deposits. 3.Up to a maximum of 95 dwelling units may be developed under this entitlement. 152 Resolution No. 2017-3648 Page 9 4.Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project: the developer shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Los Angeles Avenue, Spring Road and the southern boundaries of the Project (Arroyo Simi). The City shall administer the annual renewal of the Assessment District, and any costs related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. 5.Prior to approval of any final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 6.Prior to the issuance of any building permit in the FEMA identified 100-year floodplain, a Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer/Public Works Director. 7.The applicant shall provide a grading and construction schedule showing routing for grading and development from Los Angeles Avenue and Spring Road subject to review and approval by the City Engineer/Public Works Director. Earth import and export will be restricted to entering and exiting from Los Angeles Avenue. 8.Within thirty calendar days of submittal of the first plan check for Final Map, the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (CC&R's) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Tentative Tract Map No. 5972 and Residential Planned Development Permit No. 2015-02, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the city attorney's cost of review. 9.A public pedestrian access easement and improvements shall be provided from Spring Road to the Arroyo Simi to the satisfaction of the Community Development Director and City Engineer/Public Works Director. 153 Resolution No. 2017-3648 Page 10 10.Disclosure documents for all initial buyers and the CC&R's shall include notice making buyers aware of the potential construction of a public recreational trail along the Arroyo Simi and of a future trail connection at Spring Road, of the affordable housing required for the project, of the Landscape Maintenance District required for the project, and any other project conditions or terms of the Development Agreement as determined by the Community Development Director in a form to the satisfaction of the Community Development Director. 11.Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer/Public Works Director. 12. Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 13. An access rights easement shall be offered to the City of Moorpark from all lots fronting on Los Angeles Avenue, Spring Road, and the Arroyo Simi. The C.C.&R.'s shall include a provision that property line walls along the perimeter of the project, including the Los Angeles Avenue, Spring Road, and the Arroyo Simi frontage may not be removed or modified to create a gate or similar access opening in violation of the City of Moorpark access rights easement. The applicant shall record an easement or other instrument prohibiting private openings of perimeter walls or fences onto Los Angeles Avenue, Spring Road, the Arroyo Simi, or adjacent private properties subject to review and approval of the City Engineer and Community Development Director. This restriction shall be reiterated in the Covenants, Conditions and Restrictions for this project. 14. Specific locations shall be labelled as Fire Lanes per California Vehicle Code Section 22500.1 to the satisfaction of the City Engineer/Public Works Director and Ventura County Fire Protection District. Streets where curbside parking is proposed shall meet all standards of the Ventura County Fire Protection District for emergency vehicle access. 15. The C.C.&R.'s shall include a requirement that garages in each unit be maintained for the parking of vehicles. 154 Resolution No. 2017-3648 Page 11 16.The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 17.A Traffic Systems Management fee shall be paid, on a per home basis, or in effect at the time of building permit issuance, or as specified in any development agreement adopted for this project. 18. Intersection Improvement fees shall be paid subject to the determination of the City Engineer/Public Works Director. 19. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 20.A conduit for ownership and use by the City shall be installed behind the right-of­ way on Los Angeles Avenue and Spring Road, and throughout the development, subject to review and approval of the City Engineer and Community Development Director. Easements for this purpose, if needed, shall be granted to the City prior to the approval of the Final Map. 21. The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall include an onsite riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. The buffer shall be within the common area landscaping adjacent to Parcel X. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. 22.At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/ Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. 155 Resolution No. 2017-3648 Page 12 23.If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. 24. The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 100 year floodplain. The applicant shall comply with all of the requirements of the CLOMR. 25.In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project cannot impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event (10-, 25-, 50-, and 100-year). 26. The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. -END- 156 Resolution No. 2017-3648 Page 13 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2017-3648 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of December, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of December, 2017. Maureen Benson, City Clerk (seal) 157 ORDINANCE NO. 458 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2015-03, FOR A CHANGE OF ZONING FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) TO RESIDENTIAL PLANNED DEVELOPMENT AND OPEN SPACE (OS) ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in compliance with the California Environmental Quality Act (CEQA) and the City CEQA Procedures, and were circulated for public review from October 2 to November 3, 2017; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Zone Change No. 2015-03 for a change of zoning from Commercial Planned Development (CPD) to Residential Planned Development 16.5 Units Per Acre (RPD-16.5U) and Open Space (OS) on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for Zone Change No. 2015-03 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and reached a decision on this matter; and WHEREAS, on December 6, 2017, the City Council adopted Resolution No. 2017-3647, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2015-02 for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Zone Change No. 2015-03 is consistent with the General Plan as amended by General Plan Amendment No. 2015-02 in that the proposed zoning of the project site to Residential Planned Development 16.5 units per acre (RPD-16.5U) ATTACHMENT 7 158 Ordinance No. 458 Page 2 and Open Space (OS) is consistent with the General Plan land use categories of Very High Residential Density (VH) and Floodway. SECTION 2. The Zoning Map described and referenced in Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit "A" attached hereto. SECTION 3. 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 4. passage and adoption. This Ordinance shall become effective thirty (30) days after its 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 minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 20th day of December, 2017. ,'A.!.ae� � Jace&Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A: Zone Change Map 159 Ordinance No. 458 Page 3 EXHIBIT A ZONE CHANGE NO. 2015-03 R:.1 .. . ' ! LOS ANGELES AVE -05 OPEN 5PACE ft:':';:::J PROXCT = RPD-16. �i -CPO COMMERCIAL PLAN\ED DEVELOPMENTI I RE RURAL EXCLUSIVE R-1 SINGLE FAMILY RESIDENTIAL -RPD RESIDE\TIAL PLA\\E[ DEVELOPMENTV��] SP92-1 = CARLSBERG SPECIFIC PLAN D-15U DELANE ENGINEERING PROPOSED ZONING FOR RPD-16.5 2&12 SmfA MONlCA lil.,O, SUH£ ;i:Jo S•tm, IO'<[CA. C, 90404 � JI0.54& 5711-""' OO.A/£9<&1,=It.:;.OOW 160 Ordinance No. 458 Page 4 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 458 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of December, 2017 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Mikos, Pollock, Simons, and Mayor Parvin None Councilmember Van Dam None WITNESS my hand and the official seal of said City this 4th day of January, 2018. �e ✓� Maureen Benson, City Clerk (seal) 161 ORDINANCE NO. 459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 2015-01 BY AND BETWEEN THE CITY OF MOORPARK AND 02 D2 PARTNERS, LLC, AND DUNCAN DONALD P / ASHLEY CONSTRUCTION, INC. (SPRING ROAD LLC) FOR GENERAL PLAN AMENDMENT NO. 2015-02, ZONE CHANGE NO. 2015-03, RESIDENTIAL PLANNED DEVELOPMENT NO. 2015-02, AND VESTING TENTATIVE TRACT MAP NO. 5972, A RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 95 CONDOMINIUMS ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that property; and WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on April 15, 2015, the City Council adopted Resolution No. 2015- 3381, initiating proceedings for Development Agreement No. 2016-01 for the project proposed in conjunction with General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01 and Vesting Tentative Tract Map No. 5882; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015- 02 for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, a duly noticed public hearing was conducted by the City Council on December 6, 2017 to consider the Development Agreement and to accept public testimony related thereto; and WHEREAS, 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, and has reached a decision on the matter; and ATTACHMENT 8 162 Ordinance No. 459 Page 2 WHEREAS, on December 6, 2017, the City Council adopted Resolution No. 2017-364 7, adopting the Mitigated Negative Declaration prepared on behalf of the project proposed in conjunction with General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01; and WHEREAS, on December 6, 2017, the City Council introduced Ordinance No. 459 approving Development Agreement No. 2015-01; and WHEREAS, on December 20, 2017, the City Council re-introduced Ordinance No. 459 with amended language to provide clarity on an affordable housing in-lieu fee in Section 6.13(z) of the Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. follows: The City Council of the City of Moorpark does hereby find as A.The Development Agreement attached hereto and incorporated herein (Exhibit A) is consistent with the General Plan as most recently amended in that the project is consistent with the planned use and density of the General Plan Land Use Element and helps achieve the goals of the Housing Element and is consistent with the goals and policies of all other elements. There is no applicable Specific Plan for the area covered by the Development Agreement. B.The Development Agreement and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the Moorpark Municipal Code because the Development Agreement contains the elements required by Section 15.40.030, has been reviewed and recommended by the Planning Commission following a noticed public hearing and otherwise contains the required contents and has been processed as required by law. SECTION 2. The City Council hereby adopts the Development Agreement attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a municipal corporation, and 02 02 Partners, LLC, And Duncan Donald P / Ashley Construction, INC. (Spring Road LLC) and the City Clerk is hereby directed to cause one copy of the signed, adopted agreement to be recorded with the County Recorder no later than ten (10) days after the City enters into the development agreement pursuant to the requirements of Government Code Section 65868.5. SECTION 3. Upon the effective date of this ordinance, the Community Development Director shall cause the property that is the subject of the Development 163 Ordinance No. 459 Page 3 Agreement to be identified on the Zoning Map of the City by the designation "DA" followed by the dates of the term of said Agreement. SECTION 4. 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 5. passage and adoption. This Ordinance shall become effective thirty (30) days after its SECTION 6. 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 written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 17th day of January, 2018. ATTEST: Maureen Benson, City Clerk EXHIBIT A -Development Agreement 164 Ordinance No. 459 Page 4 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 CITY OF MOORPARK AND 02 D2 PARTNERS, LLC, AND DUNCAN DONALD P / ASHLEY CONSTRUCTION, INC. (SPRING ROAD LLC) 165 Ordinance No. 459 Page 5 DEVELOPMENT AGREEMENT This Development Agreement the ("Agreement") is made and entered into on ______ , 2018 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City") and 02 D2 Partners LLC and Duncan Donald P / Ashley Construction, Inc., the owners of real property within the City of Moorpark generally referred to as Residential Planned Development Permit 2015-02 (referred to hereinafter collectively as "Developer"). City and Developer are referred to hereinafter collectively as a "Party" and collectively as the "Parties." In consideration of the mutual covenants and agreements 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 its boundaries for the development of such property in order to establish certainty in the development process. 1.2 02 D2 Partners LLC is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 1 ("Parcel 1 ") in the legal description set forth in Exhibit "A" which exhibit is attached hereto and incorporated by reference, commonly known as 4875 Spring Road. Duncan Donald P / Ashley Construction, Inc. is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 2 ("Parcel 2") in Exhibit "A", commonly known as 384 Los Angeles Avenue. Parcels 1 and 2 are referred to hereinafter collectively as the "Property". 1.3 Prior to, and in connection with, the approval of this Agreement, the City Council reviewed the project to be developed pursuant to this Agreement as required by the California Environmental Quality Act ("CEQA.") On December 6, 2017, the City Council adopted Resolution No. 2017-3647, adopting the Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program the ("MMRP") prepared for this Agreement and the Project Approvals as defined in Subsection 1.4 of this Agreement. 1.4 General Plan Amendment (GPA) No. 2015-02, Zone Change (ZC) No. 2015-03, Residential Planned Development (RPO) No. 2015-02, Vesting Tentative Tract Map (VTTM) No. 5972 including all subsequently approved modifications and permit adjustments to the RPO, VTTM, and all amendments thereto (collectively "the Project Approvals"; individually "a 166 Ordinance No. 459 Page 6 Project Approval") provide for the development of the Property with 95 townhouse condominiums and the construction of certain off-site improvements in connection therewith ("the Project"). 1.5 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. 1.6 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 conditions 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 . 7 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 currently amended. 1.8 On October 24, 2017, the Planning Commission commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on November 7, 2017 recommended approval of this Agreement. 1.9 On December 6, 2017, the City Council of City ("City Council") commenced a duly noticed public hearing on this Agreement, and following the conclusion of the hearing closed the hearing and introduced and provided first reading to Ordinance No. 459 ("the Enabling Ordinance") that approves this Agreement. On December 20, 2017, Ordinance No. 459 was re-introduced with minor clarifying amendments. Thereafter on January 17, 2018, the City Council gave second reading to and adopted the Enabling Ordinance. 2.Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site". 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 (subject to Subsection 3.2 below) 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. 167 Ordinance No. 459 Page 7 4. 3.1 Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property 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, subject to Subsection 3.2 below. 3.2 Release Upon Subsequent Transfer. Upon the conveyance of Developer's interest in the Property or any portion thereof by Developer or its successor(s) in interest, the transferor shall be released from its obligations hereunder with respect to the portion of Property conveyed as of the effective date of the conveyance, provided that the transferee expressly assumes all obligations of the transferred portion of the Property and a copy of the executed assignment and assumption agreement is delivered to the City prior to the conveyance. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such conveyance, except as provided in Subsection 6.13 of this Agreement with respect to the sale of completed "affordable units" (as defined in that subsection) to qualified buyers. Notwithstanding the foregoing, this Agreement shall not be binding upon the transferee of a Completed Unit with respect to the transferee's interest in such Completed Unit, and the rights and obligations of Developer under this Agreement shall not run with the portion of the Property that is conveyed with the Completed Unit after such conveyance of the Completed Unit by Developer or its successor in interest. For purposes of this Agreement, "Completed Unit" means a completed residential unit within the Property for which the City has issued a certificate of occupancy. 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 all City building codes in effect at the time the plan check or permit is 168 Ordinance No. 459 Page 8 approved per Title 15 of the Moorpark Municipal Code 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. 5. Vesting of Development Rights. 5.1 Vested Right to Develop; Timing of Development. Developer and its successors in interest shall have the vested right to develop the Property in accordance with the terms and provisions of the Project Approvals and this Agreement. The Parties intend that this Agreement, together with the Project Approvals, shall serve as the controlling document for all subsequent actions, discretionary and ministerial, relating to the development and occupancy of the Property, including, without limitation, all Subsequent Approvals (as defined below). 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. 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 provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to ensure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2 Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3 Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and 169 Ordinance No. 459 Page 9 sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals"; individually "a Subsequent Approval") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws"), except City Laws that: (a)change any permitted or conditionally 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 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; (d)are not uniformly applied on a citywide basis to all substantially similar types of development projects or to all properties with similar land use designations; ( e)control residential rents; (f)prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto, within the Property; or (g)modify the land use from what is permitted by the City's General Plan Land Use Element at the Operative Date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 170 Ordinance No. 459 Page 10 6. 5.4 Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such 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 and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.5 Issuance of Building Permits. No Building Permit shall be unreasonably withheld or delayed from Developer if Developer is in compliance with this Agreement and the Project Approvals and Subsequent Approvals. In addition, no Final Building Permit final inspection or Certificate of Occupancy will be unreasonably withheld or delayed from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the Final Building Permit is in place or is scheduled to be in place prior to completion of construction, the Developer is in compliance with all provisions of this Agreement, the Project Approvals and Subsequent Approvals, and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with Subsection 5.1 of this Agreement, 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 Citywide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. Developer Agreements. 6.1 Development as a Residential Project. Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for 171 Ordinance No. 459 Page 11 which it was the applicant or a successor in interest to the applicant and (iv)the MMRP of the MND and any subsequent or supplemental environmental actions. Developer agrees not to apply for any non­ residential uses on the Property. The clubhouse and private recreational facilities are considered to be part of the residential uses. 6.2 Condition of Dedicated or Conveyed Property. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3 Development Fee Per Unit. As a condition of the issuance of a building permit for each residential dwelling unit within the Property, Developer shall pay City a one-time development fee as described herein (the "Development Fee"). The Development Fee may be expended by City in its sole and unfettered discretion. The amount of the Development Fee shall be Nine Thousand Two Hundred Dollars ($9,200.00) per residential unit. The Development Fee shall be adjusted annually commencing January 1, 2019, by the Consumer Price Index (CPI). The annual CPI adjustment 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October. In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for each residential dwelling unit within the boundaries of the Property, Developer shall pay City a one-time traffic mitigation fee as described herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. The amount of the Citywide Traffic Fee shall be Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit. The Citywide Traffic Fee shall be adjusted annually commencing January 1, 2019 and annually thereafter by the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ("annual indexing"). In the event there is a decrease in the Bid Price Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 172 Ordinance No. 459 Page 12 6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall pay the LAAOC fee in effect at the time of building permit issuance for each residential dwelling unit within the Property. 6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included in the City Council approved MND and MMRP, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to City a one-time air quality mitigation fee, as described herein ("Air Quality Fee"), in satisfaction of the Transportation Demand Management Fund mitigation requirement for the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars ($1,709.00) per residential dwelling unit within the Property to be paid prior to the issuance of a building permit for each residential dwelling unit in the Project. If the Air Quality Fee is not paid by January 1, 2019, then commencing on January 1, 2019, and annually thereafter, the Air Quality Fee shall be adjusted 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior month of October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6. 7 Park Fees. Prior to the issuance of the building permit for each residential dwelling unit within the Property, Developer shall pay a one-time fee in lieu of the dedication of parkland and related improvements ("Park Fee"). The amount of the Park Fee shall be Ten Thousand Five Hundred Dollars ($10,500.00) for each residential dwelling unit within the Property. If the Park Fee is not paid by January 1, 2019, the Park Fee shall be adjusted annually commencing January 1, 2019 by the larger increase of a) or b) as follows: (a)The change in the CPI. The change 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October; or 173 Ordinance No. 459 Page 13 (b)The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year (annual indexing). In the event there is a decrease in both of the referenced Indices for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees that the above-described payments shall be deemed to satisfy the parkland dedication requirement set forth in California Government Code Section 66477 et seq. for the Property. 6.8 Community Services Fee. As a condition of issuance of a building permit for each residential dwelling unit within the boundaries of the Project, Developer shall pay City a one-time community services fee as described herein (Community Services Fee). The Community Services Fees may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fees shall be Two Thousand Seven Hundred Dollars ($2,700.00) per residential dwelling unit. Commencing on January 1, 2019, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Service Fee 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 this prior year. The calculation shall be made using the month of October over the prior month of October or in the event there is a decrease in the CPI for any annual indexing, the Community Service Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places Fee (Art Fee) in effect at the time of building permit issuance for each building prior to the issuance of the building permit for that residential building within the Project consistent with City Resolution No. 2005-2408 or any Successor Resolution (1.0 percent of total building valuations excluding land value and off-site improvement costs). 6.10 Other Development and Processing Fees. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are 174 Ordinance No. 459 Page 14 not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the Operative Date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as such fees are imposed on projects similar to the Project or on property similar to the Property. 6.11 Processing Fees. On the Operative Date, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, the Project Approvals and the MND. 6.12 Landscape Maintenance Assessment District (LMD). Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project, Developer shall pay the City a Five Thousand Dollar ($5,000.00) LMD Formation Fee. The LMD shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to the exterior surface of the block walls and hardscape adjacent to Los Angeles Avenue, Spring Road and the southern boundaries of the Project. The City shall administer the annual renewal of the LMD, and any costs related to such administration shall be charged to the fund established for such LMD revenues and expenses. Developer agrees to cast affirmative ballots for the establishment of the LMD, and for annual increases in the assessments thereunder, for the purposes specified in this subsection. Developer hereby waives any right it may have to contest or protest any such assessments or assessment increases. In the event that any such LMD has insufficient funds for its purposes, then Developer shall pay the funds required for the LMD costs within five (5) business days after written demand from the City. Developer shall be responsible for all LMD costs until acceptance of the Assessment District by the City. Developer acknowledges and agrees that the LMD will not be accepted by City until after the final occupancy is approved for the last residential dwelling unit in the Project and Developer has made all required LMD improvements in a manner that are acceptable to City's Parks and Recreation Director and Developer has provided City with a deposit for the next subsequent twelve (12) months of LMD maintenance costs. Prior to approval of the first final map for the Project, the City Council at its sole discretion may determine that all or a part of the improvements 175 Ordinance No. 459 Page 15 planned to be included in the LMD may instead be placed in the Homeowners' Association for the Project. 6.13 Densities Allowed for Development and Affordable Housing. (a)Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code, Government Code Sections 65915 through 65917.5 or both; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available, to provide fifteen (15) housing units, with a minimum of 1,500 square feet, affordable to low income households (not to exceed 80% of median income adjusted for family size). These fifteen (15) housing units may be referred to as affordable units or units affordable to low income households or required affordable units. (b)Developer explicitly acknowledges that its agreement to construct these affordable units is given both as specific consideration for both the density bonus and in general as consideration for City's willingness to negotiate and enter into this Agreement and for the valuable consideration given by City through this Agreement. Developer further acknowledges that its agreement to construct these affordable units is not the result of an existing policy or regulation imposed by City but instead is the result of arm's length negotiation between Parties. (c)Developer further agrees that it shall provide the required number of affordable housing units as specified above regardless of the cost to acquire or construct said housing units. Developer further agrees that City has no obligation to use eminent domain proceedings to acquire any of the required affordable housing units and that this Subsection 6.13 is specifically exempt from the requirements of Subsection 7.2. (d)Prior to recordation of the first Final Map for this Project, the parties agree to execute an Affordable Housing Purchase and Sale Agreement (Affordable Housing Agreement) that sets forth the Developer's and City's obligations and provides procedures and requirements to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. 176 Ordinance No. 459 Page 16 The Affordable Housing Agreement shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity share and second trust deed provision, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and/or assigns to this Agreement, quality of and responsibility for selection of amenities and applicability of home warranties to meet all or a portion of its obligation and any other items determined necessary by the City. Developer shall pay the City's direct costs for preparation and review of the Affordable Housing Agreement up to a maximum of ten-thousand Dollars ($10,000.00). ( e)All affordable units shall meet the criteria of all California Health and Safety Code statutes and implementing regulations pertaining to for-sale Affordable Housing units so as to qualify as newly affordable to low income households and to satisfy a portion of the City's RHNA obligation. The affordable units required by this Agreement are consideration for City's entry into this Agreement and therefor none of the affordable units shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent approvals required of City under this Subsection 6.13 shall be made at City's sole discretion. If any conflict exists between this Agreement and the Affordable Housing Agreement required by and negotiated pursuant to this Agreement or the conditions of approval for Tentative Tract Map No. 5972 and/or RPO No. 2015-02, then the Affordable Housing Agreement shall prevail. (f)In the event the monthly HOA fees exceed two hundred dollars ($200.00), Developer shall deposit one hundred twenty dollars ($120.00) for each dollar or portion thereof of the monthly HOA fees that are in excess of two hundred dollars ($200.00) into a City administered trust account to assist with future HOA fees for each affected unit. (g)The Affordable Sales Price for low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (3) of California Health and Safety Code. Section 50052.5(h) of the California Health and Safety Code provides that an appropriate household size in terms of determining purchase price, is one more person than the number of bedrooms. This means that the pricing for a three (3) bedroom unit will be based on a household of four (4) regardless of the actual size of the household purchasing the unit. For example, the monthly "affordable housing cost" for a three (3) 177 Ordinance No. 459 Page 17 bedroom unit would be 30% times 70% of the current median income for a household of four (4) in Ventura County, divided by twelve (12). This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulation shown below (See Section 50052.5(c) of the Health and Safety Code). The Affordable Sales Price for a low income household purchasing a three (3) bedroom unit under current market conditions, based upon the following assumptions: Low Income Buyer Item Detail Amount 3 Bedroom Affordable Sale $191,000.00 Price Down Payment 5% of Affordable Sales Price $9,550 00 Loan Amount Affordable Sales Price less Down $181,450 00 Payment Interest Rate 450% Monthly 1 25% of Initial 199 00 Property Tax Purchase Price LMD Not Currently N/A HOA 200 00 Fire Insurance 60.00 Maintenance 30.00 Utilities 180 00 (h)The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price for a three (3) bedroom unit, mortgage interest rate of 4.50%, no mortgage insurance, property tax rate of 1.25%, based on Affordable Sales Price, homeowners' association dues of $200.00 per month, fire insurance of $60.00 per month, maintenance costs of $30.00 per month, and utilities of $180.00 per month for a three (3) bedroom unit. (i)Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if "affordable housing cost", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Purchase and Sale 178 Ordinance No. 459 Page 18 Agreement negotiated pursuant to this Agreement shall address this potential change. Developer acknowledges that amounts listed in the "Low Income Buyer'' table in Subsection 6.13(g), above, are for illustration purposes only and are subject to change. U)In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size appropriate to the number of bedrooms in the unit being purchased by the City, consistent with all requirements of this Subsection 6.13. Developer agrees that, pursuant to City's rights under this Agreement and/or the Affordable Housing Agreement and prior to and upon the sale of a required unit to a qualified buyer ( or City in lieu of a qualified buyer as determined by City at its sole discretion), City may at its sole discretion take any actions and impose any conditions on said sale or subsequent sale of the unit to ensure ongoing affordability to low income households and related matters. After the sale of a housing unit by Developer to a qualified buyer ( or City in lieu of a qualified buyer as determined by City at its sole discretion), City, not Developer, shall have sole responsibility for approving any subsequent sale of that housing unit. (k)Developer agrees that City shall be responsible at its sole discretion for marketing the affordable units, selecting and qualifying eligible buyers for these units, and overseeing the escrow processes to sell the affordable units to low income households, providing the forms of Deed of Trust, Promissory Note, Resale Refinance Restriction Agreement and Option to Purchase Property and Notice of Affordability Restriction on Transfer of Property and all necessary contracts and related documents to ensure that the referenced affordable units remain occupied by low income households for the longest feasible time (the "Affordability Documents"). Developer further agrees that the difference between the Affordable Sales Price (as referenced in this Agreement) paid by a qualified buyer and market value shall be retained by City as a second deed of trust. (I)Developer shall pay closing costs for each affordable unit, not to exceed eight thousand dollars ($8,000.00). Beginning January 1, 2019 and on January 1st for each year thereafter, the maximum eight thousand dollars ($8,000.00) to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los 179 Ordinance No. 459 Page 19 Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the month of October. In the event there is a decrease in the CPI for any annual indexing, the closing costs for each affordable unit shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. The referenced Developer funded closing costs shall be for the benefit of qualified buyers ( or City in lieu of qualified buyers if one or more of the required units are purchased by the City) in their acquisition of a unit from Developer not Developer's acquisition of a unit from one or more third parties. The Developer's escrow cost shall not exceed the then applicable maximum amount per unit regardless of the number of escrows that may be opened on a specific unit. (m)Developer warrants that the quality of materials and construction techniques of the affordable units sold to the qualified low income buyers, or City shall in all manner be identical to that of all other units constructed in this Project and subject to all Conditions of Approval and shall meet all Building Codes. (n)The City shall have the same choices of basic finish options as purchasers of market rate units in this Project and final walk­ through approval of condition of unit before close of sale. Any basic finish options provided to buyers of market rate units shall be provided to City or buyer(s) of the affordable units, including but not limited to color and style choices for carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. City staff person responsible for affordable housing will select basic finish options for the affordable units. ( o)Developer agrees that all warranties for the affordable units shall be the same or better than those for the market rate units, all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the affordable units and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The home warranties for the affordable units shall be the same duration as the warranties for the market rate units and not less than the maximum time required by State law but in no event less than ten (10) years. (p)Developer agrees to provide the same amenities for the affordable units (purchased by the low income buyer, or City) as those amenities that are provided for the market rate units. The 180 Ordinance No. 459 Page 20 amenities shall include but not be limited to concrete roof tiles; air conditioning/central heating; garage door opener; fireplaces; washer/dryer hook-ups; garbage disposal; built-in dishwasher, stove, oven and microwave; windows; wood cabinets; shelving; counter-tops; floor coverings; window coverings; electrical outlets, lighting fixtures and other electrical items; plumbing fixtures including sinks, bathtubs and showers; and door and cabinet hardware, and shall all be of the same quality and quantity as provided in the Project's market rate units as determined by the City's Community Development Director and City staff person responsible for City's Affordable Housing Programs. (q)The floor plan and size of the units shall be approved by the Community Development Director and City staff person responsible for City's Affordable Housing Programs, and include a downstairs bathroom. (r)The parties agree that prior to and upon the sale of an affordable unit to a qualified buyer or City, City may at its sole discretion take any actions and impose any conditions on buyer eligibility and on said sale or subsequent sale of the unit to ensure ongoing affordability to low income households and related matters. Developer agrees if it sells any of the affordable units directly to qualified low income buyers, all requirements of the buyer, including, but not limited to, completion of a City approved homebuyer education training workshop and the Affordability Documents, shall be included as a requirement of the sale. The language of all such documents shall be approved by City at its sole discretion. City has sole discretion in selecting lenders, escrow and title companies and real estate professionals to assist with the sale of the affordable units. (s)In the event City is unable to provide a qualified buyer when one of the low-income units has received final inspection approval, Developer shall be allowed to continue to obtain building permits and/or final inspection approval for the non-affordable units. Any low-income units remaining unsold six (6) months after the final inspection approval of the 95th unit will be purchased by the City, as provided for in the Affordable Housing Agreement. Developer is required to maintain low-income units in move-in condition until such time as the City finds a buyer. For purposes of this schedule, final inspection approval requires approval of the City's Building Official and Community Development Director. 181 Ordinance No. 459 Page 21 (t)Developer also agrees that subsidiaries, divisions or affiliates of Developer may not be used to provide lending, escrow or other services relevant to the purchase transactions for the affordable units. (u)If a qualified low income buyer is identified by City prior to or at the time of final inspection approval of any of the affordable units, Developer shall open escrow for the sale of said unit as provided for in the Affordable Housing Agreement, and shall enter escrow directly with the buyer identified by City, and proceed to closing of said escrow. If a qualified low income buyer has not been identified at the time Developer receives final inspection approval for an affordable unit, City, at its option, may agree to purchase the affordable unit required to be provided by Developer for the amount and at the time as provided for in this agreement. Developer and City agree to use their best efforts to complete the close of escrow within forty-five (45) days of the final inspection approval of an affordable unit. (v)Developer shall satisfy all mechanic's, laborer's, material man's, supplier's, or vendor's liens and any construction loan or other financing affecting any unit or lot in the Project which has been designated for an affordable unit, before the close of escrow for that affordable unit. (w)Developer agrees that the required construction of the low income affordable units must receive final inspection approval by Developer on terms consistent with this Agreement and the Affordable Housing Agreement as specified in the following schedule: Prior to Number of Occupancy of Affordable Units 40th Unit 4 60th Unit 4 85th Unit 4 90th Unit 3 Total 15 (x)The required affordable units within the Project shall be designated as unit (may also be referred to as pad or lot) numbers in the Buildings within the Project consistent with Exhibit "C" attached hereto and incorporated herein. The City Manager or the City Manager's designee may approve in writing different unit numbers within the Project so long as the unit contains no less than 1,500 square feet. 182 Ordinance No. 459 Page 22 (y)Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the Project includes fifteen (15) residential dwelling units that will be sold to qualified low income households. The disclosures shall also state that these fifteen (15) residential dwelling units have deed restrictions recorded on their title that restrict the re-sale of these units only to qualified low income buyers. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosures. (z)In addition to the fifteen (15) affordable units required in Subsection 6.13 (a) above, Developer also agrees to pay a one-time In-Lieu Fee (In-Lieu Fee) equivalent to seventy-three percent (73%) of the actual differential value between the appraised value of a market rate unit and the actual calculated Affordable Sales Price consistent with this Subsection 6.13. The one-time In-Lieu Fee shall be paid in full prior to the issuance of the twentieth (20th) building permit for the Project. (For example, assuming an appraised value of Four Hundred Ninety Thousand Dollars [$490,000.00] for a market rate unit, the one-time In-Lieu Fee would be Two Hundred Eighteen Thousand Two Hundred Seventy Dollars [$218,270.00].) 6.14 Los Angeles Avenue Improvement. Within six (6) months of the Operative Date of this Agreement, Developer shall at its sole cost irrevocably offer to the City all rights of way, permanent easements and construction easements (Los Angeles Avenue Right-of-way) necessary for construction of the Project's improvements (Improvements) on Los Angeles Avenue (SR118), herein after referred to as L.A. Avenue. Developer shall also clear the Los Angeles Avenue Right-of-way of all structures and other improvements to the satisfaction of the City Engineer/Public Works Director within six (6) months of the Operative Date of this Agreement. Within twelve (12) months of the Operative Date of this Agreement Developer shall have prepared improvement plans for the Improvements that are consistent with the City's plans for its Los Angeles Avenue widening project (City Project) and Caltrans requirements as determined by the City Engineer/Public Works Director, and finalize plans for the Improvements so plans are submitted to Caltrans within eighteen (18) months of the Operative Date of this Agreement. Developer shall obtain a Caltrans encroachment permit for the construction of the Improvements and complete construction of the Improvements to the satisfaction of the City Engineer/Public Works Director no later than thirty (30) months from the Operative Date of this Agreement. Improvements shall include offsite transitions and sound wall construction as determined necessary by the 183 Ordinance No. 459 Page 23 City Engineer/Public Works Director and Caltrans. At City's sole option, City may construct the Improvements and Developer shall reimburse City for all costs, including but not limited to construction, permits, contract administration, design, inspection, utility relocation and all other Caltrans requirements. 6.15 Annual Review Procedures. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved MND and MMRP. 6.16 Eminent Domain. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 6.17 Street Improvement Standards. The street improvements for all streets scheduled for dedication to the City shall be designed and constructed by Developer to provide for a 50-year life as determined by the City Engineer. 6.18 Implementation Plan. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the Developer agreements contained in this Agreement and in the conditions of approval for the VTTM and RPO. The plan shall address the entities responsible and method and timing of guarantee for each component of Developer's obligations and is subject to City approval at its sole discretion. 6.19 Fee Protest Waiver. Developer agrees that any fees and payments pursuant to this Agreement and for the Project shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to Subsections 6.3, 6.4 and 6.8 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. 6.20 CPI Indexes. In the event the "CPI" referred to in Subsections 6.3, 6.6, 6. 7 and 6.8 or the Bid Price Index referred to in Subsections 6.4 and 6. 7 are discontinued or revised, a successor index with which the "CPI" and or Bid Price Index are replaced shall be used in order to obtain substantially 184 Ordinance No. 459 Page 24 the same result as would otherwise have been obtained if either or both the "CPI" and Bid Price Index had not been discontinued or revised. 6.21 Future Trail Connection to Spring Road. Developer shall at its cost construct a concrete ramp from the sidewalk on the Spring Road frontage of the Project to proposed future trail on the levee road of the Arroyo Simi. The connection shall be constructed consistent with requirements as determined by City Parks and Recreation Director, City Engineer and Ventura County Watershed Protection District. The Connection shall be constructed at a time determined by the City Council but in no event later than occupancy of the 45th unit in the Project. 6.22 City Ability to Modify. Developer acknowledges the City's ability to modify the development standards and to change the General Plan designation and zoning of the Property upon the termination or expiration of this Agreement (if the Project has not been built), and Developer hereby waives any rights they might otherwise have to seek judicial review of such City actions to change the development standards, General Plan designation and zoning to those development standards and density of permitted development to that in existence prior to the approval of GPA 2015-02 and ZC 2015-03. 6.23 Homeowners Association. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall form one or more property owner associations to assume ownership and maintenance of private recreation, private streets, parking lots, landscape areas, flood control and NPDES facilities and other amenities within the Project. The obligation of said Homeowners Associations shall be more specifically defined in the conditions of approval of the first tentative tract or parcel map for the property. 7.City Agreements. 7.1 Commitment of Resources. At Developer's expense, City shall commit reasonable time and resources of City staff to work with Developer on the processing of applications for Project Approvals and all Subsequent Approvals and Building Permits for the Project area and if requested in writing by Developer shall use overtime and independent contractors whenever possible. 7 .2 Easement and Fee Title Acquisitions. If requested in writing by Developer and limited to City's legal authority, City at its sole and absolute discretion shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of 185 Ordinance No. 459 Page 25 Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of 15% on all out-of-pocket costs. 7.3 Concurrent Entitlement Processing. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the Project so long as the application for such entitlements are "deemed complete" in compliance with the requirements of Chapter 4.5 Review and approval of Development Projects (Permit Streamlining Act) of the California Government Code. 7.4 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of this Agreement meets all of Developer's obligations under applicable law for park land dedication. 7.5 Reimbursements from other Developments. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map, development permit or development agreement with one or more other developers and at City's discretion may include provisions requiring such reimbursement to Developer for the same in such other development project conditions of approval. 7.6 Early Grading Agreement. The City Manager is authorized sign an early grading agreement on behalf of the City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the Project approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a performance bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading; construction of on-site and off-site improvements consistent with the City Council approved Project and Tentative Map. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 8.Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to 186 Ordinance No. 459 Page 26 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 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 Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer's compliance with the MMRP. 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 written 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; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City or other local government entity 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; (h) delay caused by a delay by other third party entities which are required to approve plans or documents for Developer to construct the Project, or restrictions imposed or mandated by such other third party entities or governmental entities other than City, (including but not limited to, Ventura County Watershed Protection District); or (i) 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 Project. 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 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 187 Ordinance No. 459 Page 27 occurred unless and until there is a final adjudication adverse to Developer; or (b)fails to make any payments required under this Agreement within five (5) business days after City gives written notice to Developer that the same is due and payable; or (c)breaches any of the other provisions of this Agreement and fails to cure the same within thirty (30) days after City gives written notice to Developer of such breach ( or, if the breach is not able to be cured within such thirty (30) day period, Developer fails to start to cure the same within thirty (30) days after delivery of written notice by City of such breach or fails to thereafter diligently prosecute the cure to completion). 11 .2 Default by City. City shall be in breach of this Agreement if it breaches any of the provisions of this Agreement and fails to cure the breach within thirty (30) days after Developer gives written notice to City of the breach (or, if the breach is not able to be cured within such thirty (30) day period, City fails to start to cure the same within thirty (30) days after delivery of written notice from Developer of such breach or fails to thereafter diligently prosecute the cure to completion). 11.3 Content of Notice of Violation. Every notice of breach shall state with specificity that it is given pursuant to this section of this Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall state the applicable period to cure. The notices shall be given 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 of 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 this Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by the City shall be injunctive relief and/or specific performance. 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 6.13, 6.14 or 6.21 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of 188 Ordinance No. 459 Page 28 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 Developer if it violates any City ordinance or State statute. 12.Mortgage Protection. 12.1 Discretion to Encumber. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon then owned by such person with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property or such portion. Any mortgagee or trust deed beneficiary of the Property or any portion thereof or any improvements thereon and its successors and assigns ("Mortgagee") shall be entitled to the following rights and privileges. 12.2 Lender Requested Modification/Interpretation. City acknowledges that the lenders providing financing to Developer for the Property may request certain interpretations and modifications of this Agreement. City therefore agrees upon request, from time to time, to meet with Developer and representatives of such lenders to discuss in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement shall be subject to the provisions of this Agreement pertaining to modifications and amendments. 12.3 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any binding and effective against the Mortgagee and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise; provided, however, Mortgagee and such owner shall not be responsible for any matters that occurred prior to their acquisition of the Property or such portion. 12.4 Written Notice of Default. If a non-monetary default is not cured by Developer within thirty (30) days after written notice by City to Developer or a monetary default is not cured with in five (5) days after written notice by City to Developer, then each Mortgagee shall be entitled to received written notice from City of the applicable default by Developer under this 189 Ordinance No. 459 Page 29 Agreement provided the Mortgagee has delivered a written request to the City for such notice and shall have provided its address for notices in writing to the City. Each such Mortgagee shall have a further right, but not the obligation, to cure such default for an additional period of thirty (30) days after delivery of such notice of default by City to the Mortgagee. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Mortgagee to cure the same as specified herein. 13.Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii)this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within ten (10) 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 consent or approval herein to be given by the City may be given by the City Manager provided it is express and is in writing. 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 written 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 Chapter 15.40 of the Moorpark Municipal Code 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 affected Developer. 15.1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval or Subsequent Approvals shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, 190 Ordinance No. 459 Page 30 size of buildings or reservations and dedications as contained in the Project Approvals or Subsequent Approvals. 16.Developer Indemnification. 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, Developer's performance pursuant to this Agreement including, but not limited to, Developer's construction of the Project on the Property and construction of improvements on the City Site and any injury sustained by any person in connection with the construction or partial construction of buildings and improvements on the Property and City Site. 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, the environmental documents prepared and approved in connection with the approval of the Project, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. 17.Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18.Operative Date. As described in Subsection 1.9 above, this Agreement shall become operative on the Operative Date, being the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19.Term. This Agreement shall remain in full force and effect for a term of twenty (20)years commencing on the Operative Date or until one year after the issuance of the final building permit for occupancy of the last unit of the Project 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 or Building Permit or Final Building Permit that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval or Building Permit or Final Building Permit. 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. Notwithstanding the foregoing, the following shall survive the expiration or earlier termination of this Agreement: (i) all obligations arising under this Agreement 191 Ordinance No. 459 Page 31 prior to the expiration or earlier termination of this Agreement; and (ii) Subsection 6.22 of this Agreement. 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 "B" 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 and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22.Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24.Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and 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 Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 192 Ordinance No. 459 Page 32 27.Cooperation Between City and Developer. City and 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 Purchase and Sale Agreement, 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 its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32.Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. 33.Authority to Execute. Developer warrants and represents that to its knowledge as of the Operative Date and with respect to each entity that is defined as Developer: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this Agreement. 193 Ordinance No. 459 Page 33 IN WITNESS WHEREOF, the Parties have executed this Development Agreement effective as of the Operative Date. 02 D2 PARTNERS LLC, a California limited liability company By:-------------­Donald P. Duncan, Partner CITY OF MOORPARK Janice S. Parvin, Mayor ATTEST: Maureen B enson, City Clerk DUNCAN DONALD P / ASHLEY CONSTRUCTION, INC. a California corporation By:------------­Donald P. Duncan, Owner By:-------------­Mike Ashley, Owner 194 Ordinance No. 459 Page 34 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PART OF LOT 56 ACCORDING TO THAT CERTAIN MAP ENTITLED, "MAP OF FREEMONT, A SUBDIVISION OF LOT "L", OF THE RANCHO SIMI, VENTURA CO., CAL.", IN THE CTIY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY., AND WHICH PART IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID LOT 56, AND RUNNING THENCE, 1ST: -EAST, ALONG THE NORTH LINE OF SAID LOT, 156 FEET TO A POINT; THENCE, 2ND: -SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID LOT, 418.8 FEET TO A POINT; THENCE, 3RD: -WEST ON A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT, 156 FEET TO A POINT IN THE WEST LINE THEREOF; THENCE, 4TH: -NORTH ALONG THE WEST LINE OF SAID LOT, 418.8 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 17, 1970 IN BOOK 3705, PAGE 440 OF OFFICIAL RECORDS. 195 Ordinance No. 459 Page 35 To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: EXHIBIT "B" ADDRESSES OF PARTIES 02 02 Partners LLC and Duncan Donald P / Ashley Construction, Inc. 850 W. Los Angeles Avenue Simi Valley, CA 93065 196 Ordinance No. 459 Page 36 EXHIBITC .---'-"------.-..... LOCATION OF AFFORDABLE UNITS KEY: 1 WEIER- CENDlES ST />Jl.OARD UNIT {j) W.SER W/ CIRCLE DEl'«)TES 57Af<DAIID UNIT lLDrns A. !..NIT 1 JI.DING B I.NIT 4 lLDING C UolIT 12 11.DrnG D. I.NIT 17 l LDIN� E L�IT 22 JI.DING F I.IIJIT 27 JI.DING G I.NIT 32 l LOING H UtlIT 37 JI.DI W� I • U\IIT 42 JI.DIN� J I.NIT 47 11.DIHG K. LNH 46 JI.DING N I.NIT 7? llDING P U<IIT 72 lLDIHG R. LNIT 69 lLl:IIN� S U<IIT 92 DEVELOPMENT AGREEMENT No. 2015-01 02 D2 PARTNERS, LLC AND DUNCAN, DONALD P/ASHLEY CONSTRUCTION, INC. (SPRING ROAD LLC) 25' 45'-9" a (!, z 197 Ordinance No. 459 Page 37 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) ss. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 459 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of January, 2018 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin None None None WITNESS my hand and the official seal of said City this 18th day of January, 2018. Maureen Benson, City Clerk (seal) 198 RESOLUTION NO. 2018-3664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING A THREE-YEAR EXTENSION OF CONDITIONAL USE PERMIT (CUP) NO. 2012-03, TO ALLOW THE CONTINUED USE OF THE 6.82 ACRE SITE AT 4875 SPRING ROAD FOR AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY, ON THE APPLICATION OF DON DUNCAN (FOR MOORPARK RV STORAGE) WHEREAS, On March 20, 2013, the City Council adopted Resolution No. 2013- 3165 (Attachment No. 1 ), approving a Conditional Use Permit (CUP) to allow an outdoor recreational vehicle storage facility at 4875 Spring Road for a five year term, to February 20, 2018; and WHEREAS, a provision was included in the permit (Special Condition of Approval No. 16) allowing the City Council to extend the term of the Conditional Use Permit; and WHEREAS, on May 11, 2017, Don Duncan, on behalf of Moorpark RV and Storage, requested an extension of this Conditional Use Permit; and WHEREAS, at its meeting of January 17, 2018, the City Council considered the agenda report and any supplements thereto and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves a three-year extension of Conditional Use Permit (CUP) No. 2012-03 to February 20, 2021, with the right for the applicant to apply for an extension of up to two years. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 17th day of January, 2018. ATTEST: �:r/� Maureen Benson, City Clerk ATTACHMENT 9 199 Resolution No. 2018-3664 Page 2 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ) ) ) 55. I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2018-3664 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of January, 2018, and that the same was adopted by the following vote: A YES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of January, 2018. �� . ._/� Maureen Benson, City Clerk (seal) 200 ATTACHMENT 10 January 15th 2021 Dear Moorpark City Council, I spent almost five years getting entitlements for 95 townhomes to be built on my properties at 4875 Spring Road and 384 E Los Angeles Ave. The development agreement that I received in 2017 rendered my property valueless and unable to develop at a profit. At the request of the new city administration I hired Keyser Marston in January of 2020 to review the develop agreement and give an opinion. Their opinion was that the project can’t be built at a profit. For this reason, I have to abandon the current development agreement and start over on a new project. I lost 5 years and $400,000 entitling a project that can’t be built at a profit. Recently, I submitted an application to extend the CUP for Moorpark RV Storage at 4875 Spring Road so that I can operate the business while I submit a new application and get entitlements for a new residential development on my property. I would like to extend the CUP from February 20, 2021 to March 31, 2026, and the Settlement Agreement from March 31, 2023 to March 31, 2026 to make sure the city has enough time to approve the new project and entitle my property for a new residential development. The initial settlement agreement was for ten years expiring in March of 2023. We are confident that if we extend the CUP/settlement agreement until March of 2026 we will have enough time to entitle the property and begin the new residential development. Hopefully it can be done much sooner. Regards, Don P Duncan 201 ATTACHMENT 11 RESOLUTION NO. 2021-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A TIME EXTENSION OF CONDITIONAL USE PERMIT NO. 2012-03, TO PERMIT THE CONTINUED OPERATION OF AN OUTDOOR RECREATIONAL VEHICLE STORAGE FACILITY AT 4875 SPRING ROAD, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF DON DUNCAN (FOR MOORPARK RV STORAGE) WHEREAS, on March 20, 2013, the City Council adopted Resolution No. 2013- 3165, approving a Conditional Use Permit (CUP) No. 2012-03 to allow the operation of an outdoor recreational vehicle storage facility at 4875 Spring Road and 384 Los Angeles Avenue for a five-year term, terminating on February 20, 2018; and WHEREAS, a provision was included in the permit (Special Condition of Approval No. 16) permitted the Applicant to seek an additional five-year term; and WHEREAS, on January 17, 2018, the City Council approved a three-year extension of the CUP to February 20, 2021, with the right for the applicant to apply for an extension of the remaining two years, to March 31,2023; and WHEREAS, on December 8, 2020, Don Duncan, requested a five-year extension of CUP No. 2012-03 to allow the RV Storage business to continue until March 31, 2026; however, pursuant to the Settlement Waiver and Release Agreement dated April 24, 2013, the Covenants (Agreement) Regarding City of Moorpark CUP No. 2012-03, dated April 24, 2013, and a Stipulation to Entry of Abatement Warrant and Order filed with the Ventura County Superior Court dated April 18, 2013, CUP No. 2012-03 must terminate no later than March 31, 2023; and WHEREAS, at a duly noticed public hearing on February 3, 2021, the City Council considered the agenda report and any supplements thereto and written public comments; opened comments, opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Community Development Department has determined that an extension of an existing CUP is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council, based on its own independent analysis and judgment, concurs with the Community Development Director’s determination that the project is categorically exempt from the requirements of CEQA pursuant to Section 202 Resolution No. 2021-____ Page 2 15301 (Existing Facilities) of the CEQA Guidelines in that the extension of the termination date of CUP No. 2012-03 will not expand or provide addition to the use, or its operation on the property. No further environmental documentation is needed. SECTION 2. The City Council finds that the use is in conformance with all applicable conditions of approval of Resolution No. 2013-3165 and approves the extension of the termination date of CUP No. 2012-03 to March 31, 2023. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions. PASSED, AND ADOPTED this 3rd day of February, 2021. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 203