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HomeMy WebLinkAboutRES PC 2022 674 2022 0726RESOLUTION NO. PC-2022-67 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2005-02, DEVELOPMENT AGREEMENT NO. 2005-04, ZONE CHANGE NO. 2005- 02, VESTING TENTATIVE TRACT MAP NO. 5739, AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2005-02 FOR THE SUBDIVISION AND DEVELOPMENT OF 60 RESIDENTIAL CONDOMINIUM UNITS ON 2.44 ACRES OF PROPERTY, LOCATED AT THE INTERSECTION OF EVERETT STREET AND WALNUT CANYON ROAD, AND INCLUDING A GENERAL PLAN AMENDMENT LAND USE DESIGNATION CHANGE FROM HIGH DENSITY RESIDENTIAL TO VERY HIGH DENSITY RESIDENTIAL, AMENDMENT NO. 4 TO THE DOWNTOWN SPECIFIC PLAN, AND A ZONE CHANGE FROM RESIDENTIAL PLANNED DEVELOPMENT (RPD-7-14U) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD-15-25U), AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF JOHN NEWTON ON BEHALF OF JOHN C. CHIU, FLP-N WHEREAS, on December 5, 2005, John Newton (Applicant) submitted a development application for General Plan Amendment (GPA), Development Agreement (DA), Zone Change (ZC), Vesting Tentative Tract Map (VTTM), Residential Planned Development (RPO) and Amendment No. 4 to the Downtown Specific Plan (SPA) for the subdivision of land and development of 60 attached multi-family residential condominium units and associated improvements (Project, Proposed Project). The Project includes an application for a GPA land use designation change of the 2.44 acres of land from High Density Residential (H) to Very High Density Residential (VH), as well as a ZC from Residential Planned Development (RPD-7-14U) to Residential Planned Development (RPD-20-30U). The Project includes an amendment to Sections 2.2.3 and 2.3.3 of the Downtown Specific Plan to expand density incentives when separate lots are combined for residential purposes, in certain RPO zones. The request also includes a VTTM to subdivide the property into one common area parcel and 60 residential condominium units. The Project Site includes 2.44 acres, located on Assessor's Parcel Numbers [APNs] 512-0-061-310, 512-0-061-320, 512-0-061-050, 512-0-061-060, 512-0-061-210 (Project Site, Site); and WHEREAS, on May 18, 2022, the City of Moorpark Community Development Department published pursuant to California Environmental Quality Act (CEQA) a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Everett Street Terrace Project (State Clearinghouse Number 2022050391) analyzing the Project's potential impacts on the environment and accepted public comments in accordance with CEQA Guidelines Section 15105 for a period of 30 days, between May 18, 2022 and June 17, 2022;and Everett Street Terrace Project Resolution No. PC-2022-675 Page2 WHEREAS, the City prepared written responses to all comments received on the Draft MND and those responses to comments are incorporated into the Final MND; and WHEREAS, at a duly noticed public hearing on July 26, 2022, the Planning Commission considered the Final MND and the proposed Project, including the agenda report and any supplements thereto, and written public comment; opened the public hearing and took and considered public testimony both for and against the proposal. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission has read, reviewed, and considered the Initial Study and MND prepared for the project prior to making a recommendation on the project. The Planning Commission concurs with the Community Development Director that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and recommends adoption of the MND and Mitigation Monitoring and Reporting Program (MMRP) prepared for this project. SECTION 2. RESIDENTIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. As outlined in the Project record, including the agenda report, Final MND and associated studies, the site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations. The proposed deviations from developments standards, allowed pursuant to Moorpark Municipal Code (MMC) 17.44.040.C, have been found compatible with nearby residential developments. 2. As outlined in the Project record, including the agenda report, Final MND and associated studies, the site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area. As proposed and conditioned, the Project Site provides required parking, access improvements, site lighting, utility upgrades, storm water biofiltration, and landscape improvements necessary to serve the proposed use and prevent impacts to adjacent properties. The proposed Conditions of Approval would ensure the proposed office use would not negatively impact the surrounding area. 3. As outlined in the Project record, including the agenda report, Final MND and associated studies, the proposed residential use and site improvements are compatible with the existing and permitted uses in the surrounding area. The Everett Street Terrace Project Resolution No. PC-2022-675 Page 3 Project is compatible to similar nearby uses. The proposed Project includes architectural elements, colors and materials similar to the nearby residential uses and well-developed landscape plan which will help screen the residential development from existing residential neighborhoods and nearby travel routes. SECTION 3. VESTING TENTATIVE TRACT MAP FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Title 16 Subdivisions and the Subdivision Map Act: 1. As outlined in the Project record, including the agenda report, Final MND and associated studies, the VTTM conforms to the development standards applicable to the General Plan, zoning and subdivision codes and other applicable standards and guidelines. The proposed deviations from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. 2. As outlined in the Project record, including the agenda report, Final MND and associated studies, the design and proposed site improvements in the Project are consistent with the development standards applicable to the General Plan, zoning and subdivision codes, and other applicable standards and guidelines. The proposed deviations from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. 3. As outlined in the Project record, including the agenda report, Final MND and associated studies, the site is physically suitable for the proposed residential development, and proposed subdivision, in that all City development standards, including access, have been met by the proposed project. The proposed design and site improvements are consistent with the General Plan, zoning and subdivision codes and other applicable standards and guidelines, except where authorized to deviate as noted in MMC 17.44.040.C. 4. As outlined in the Project record, including the agenda report, Final MND and associated studies, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental effects. Pursuant to CEQA, the Project includes an Initial Study and a Final MND which considered potential significant environmental impacts associated with the Project. The Final MND includes a Mitigation Monitoring and Reporting Programs which would reduce any potential impacts to the environment to a less than significant level. Therefore, the project would not cause substantial impacts to the environment. 5. As outlined in the Project record, including the agenda report, Final MND and associated studies, the design of the subdivision is not likely to cause serious public health problems, in that adequate sanitation, publicly available water Everett Street Terrace Project Resolution No. PC-2022-675 Page4 services, fire protection, and related infrastructure are both feasible, proposed, and required as a condition of this development. 6. As outlined in the Project record, including the agenda report, Final MND and associated studies, the design of the subdivision and the type of improvements would not conflict with easements, as the Project has been designed to avoid construction on an existing onsite Water District easement. SECTION 4. DEVELOPMENT AGREEMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with Government Code Section 65402(a) and Moorpark Municipal Code 15.40.100: 1 . The provisions of the Development Agreement are consistent with the General Plan in that the Project will provide for the orderly developed of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development and the Development Agreement will strengthen the planning process by providing vesting development rights, addressing the timing of development, determine development fees and the provision of specific community benefits, including parks and affordable housing. 2. The provisions of the Development Agreement and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the MMC because the Development Agreement contains the elements required by Section 15.40.030 and shall be processed through a duly noticed public hearing process as required by law. SECTION 5. HILLSIDE DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, the Project Final MND and appendices, and oral and written public testimony, the Planning Commission recommends that the City Council finds that this Project is exempt from the provisions of the Hillside Management Ordinance as permitted by Moorpark Municipal Code Section 17.38.030(M) because of the proposed Development Agreement associated with the Project. SECTION 6. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council the adoption of the Initial Study and MND and associated MMRP as depicted in Exhibit F and the approval of GPA No. 2005-02 as depicted in Exhibit D; DA No. 2005-04 as depicted in Exhibit B, ZC 2005-02 as depicted in Exhibit D, SPA as outlined in Exhibit E; VTTM No. 5739 as depicted in Exhibit A, and RPO No. 2005-02 subject to the Conditions of Approval found in Exhibit C attached. Everett Street Terrace Project Resolution No. PC-2022-675 Page 5 SECTION 7. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Brodsly, Rokos and Chair Landis NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 26 th of July, 2022. Carlene Saxton Community Deve opment Director Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Vesting Tentative Tract Map No. 5739 Development Agreement Conditions of Approval Proposed General Plan Land Use and Zoning Map Amendments Proposed Downtown Specific Plan Text Amendment Initial Study I Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2022050391)                     ħ   ħ   + ħ   ħ     )   D )  ħ  2     ħ   G ħ 9 8 3  " # L 0  G ħ ġħ        ħ   ħ   + ħ   ħ     )   D ħ )  ħ   ā     ħ   ħ 9 8 3  " # L  9 ħ        ħ   ħ   Ć ħ   ħ     )   D ħ )  ħ   2     ħ   ħ 9 8 3  " # L 0 0 ħ   ħ     2    ( ħ        ( ħ     ħ a   ħ ;  ħ  ;         ħ   ħ     2    ( ħ        ( ħ    ħ Ú  ; ħ  ;        Ž 4 ħ   ħ ð    P    ( ħ         ( ħ     ħ a   ħ ;  ħ ;         4 ħ        ħ  ħ     ( 2  ħ  P    )   ħ      ħ      ħ    ħ     ħ       ħ   ħ Z    P   ħ  P   + ħ      D ħ       ħ  4 ħ 0ħ   ħ    ħ )   ħ 5" " 0 H ħ # B  ħ 5 5 # ħ 8ħH ħ # B ‘ ħ   ħ 5# 9 9 H 5 B 8 ħ G  4 ħ           =Ø  ħ F  *  ħ   *  + ħ =    ħ ñ ħ    þ × ú   ħ ' .  <   ħ '       ħ ç ħ .> - ? ħ C  [ ħ       ħ )   ħ     ħ 5  0 H 0 L # ħ  4 ħ                  <  . 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Ę | Ě ħ  %   $ %     $ %   %   $ %     ! %  $    $  %   %    %     " % áX Ù v ă Ö v Ĉ ħ º I ¶ Ç ħ ùæ X X Y ħ Y ~ ħ ô â ħ Y ~ ħ      8L ›Ĕ ħ  Everett Street Terraces Project Resolution No. PC-2022-674 Page 6 EXHIBIT A Everett Street Terraces Project Resolution No. PC-2022-674 Page 7 Everett Street Terraces Project Resolution No. PC-2022-674 Page 8 LEGAL DESCRIPTION, LOT 1 TRACT 5739 Lots 11, 12, 13, and 14, Tract No. 2 of M. L. Wicks Subdivision of a part of Tract “U” and addition to Moorpark, in the Rancho Simi, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 5, Page 37 Miscellaneous Records, in the office of the County Recorder of said County. Except for the following four parcels: PARCEL 1 That portion of said Lot 13 described as beginning at the intersection of the easterly line of said Lot 13 and the northeasterly line of Walnut Canyon Rod, 40 feet wide, as shown on said map, said northeasterly line being parallel to and 20 feet northeasterly of the centerline of said Walnut Canyon Road; thence along the easterly line of said Lot 13; 1. North 00º30'26" East 2.79 feet to a line that lies 2.5' northeasterly of and parallel with said northeasterly line of Walnut Canyon Road; thence along said parallel line, 2. North 62º59'34" West 64.09 feet; thence, 3. North 51º33'09" West 13.93 feet; thence, 4. North 59º39'09" West 35.42 feet to the westerly line of said Lot 13; thence along said westerly line, 5. South 00º30'26" West 8.19 feet to said northeasterly line of Walnut Canyon Road; thence along said northeasterly line, 6. South 62º59'34" East 110.69 feet to the intersection of the easterly line of said Lot 13 and said northeasterly line of Walnut Canyon Road, said intersection being the point of beginning of this description. PARCEL 2 That portion of said Lot 12 described as beginning at the intersection of the northeasterly line of Walnut Canyon Road, 40 feet wide, as shown on said map, and the westerly line of said Lot 12; thence along said northeasterly line of Walnut Canyon Road, 1. South 62º59'34" East 1.44 feet; to the northerly line of Everett Street, 50 feet wide, as shown, but not labeled “Everett Street” on said Map, said northerly line being parallel to and 25 feet northerly of the centerline of said Everett Street; thence along said northerly line, 2. South 89º27'24" East 5.67 feet; thence, 3. North 63º12'21" West 7.76 feet to a point in said westerly line, that is distance 2.50 feet northeasterly, measured at right angles from said northeasterly line of Walnut Canyon Road; thence, 4. South 0º30'26" West 2.79 feet to the intersection of said northeasterly line of Walnut Canyon Road and the westerly line of said Lot 12, said intersection being the point of beginning of this description. Page 1 of 2 Everett Street Terraces Project Resolution No. PC-2022-674 Page 9 PARCEL 3 That portion of said Lot 14 described as follows: Beginning at the northeast corner of said Lot 14; thence along the north line thereof, 1. West 100 feet to the northwest corner thereof; thence along the west line thereof, 2. South 16 feet to a point; thence, 3. Northeasterly in a direct line to the point of beginning. PARCEL 4 The southwesterly 10.00 feet of said Lot 14, as conveyed to the State of California by deed recorded November 10, 1994 as Instrument 94-182298 of Official Records. Also except that portion of Lot 14 lying within Wicks Road as described in Book 894, Page 399 in the office of said County Recorded Page 2 of 2 Everett Street Terraces Project Resolution No. PC-2022-674 Page 10 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 JOHN C. CHIU, FLP-N Everett Street Terraces Project Resolution No. PC-2022-674 Page 11 EXHIBIT B 2 DEVELOPMENT AGREEMENT This Development Agreement the ("Agreement") is made and entered into on ______________, 2022 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City") and JOHN C. CHIU, FLP-N, the owner of real property within the City of Moorpark that is governed by Residential Planned Development Permit 2005-02 (referred to hereinafter 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 Developer is the owner in fee simple of certain real property in the City of Moorpark identified in the legal description set forth in Exhibit “A” which exhibit is attached hereto and incorporated by reference, commonly known as Everett Street Terraces Condominium, referred to hereinafter 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 __________, 2022, the City Council adopted Resolution No. 2022-____, 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. 2005-02, Zone Change (ZC) No. 2005-02, Amendment No. 4 to the Downtown Specific Plan (SPA), Residential Planned Development (RPD) Permit No. 2005-02, Vesting Tentative Tract Map (TTM) No. 5739 including all subsequently approved modifications and permit adjustments to the RPD Permit, VTTM, and all amendments thereto (collectively "the Project Approvals"; individually "a Project Approval") provide for the development of the Property with 60 townhouse condominiums and the construction of any improvements in connection therewith ("the Project"). Everett Street Terraces Project Resolution No. PC-2022-674 Page 12 3 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 __________, 2022, the Planning Commission commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on ________, 2022 recommended approval of this Agreement. 1.9 On __________, 2022, 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. ___ (“the Enabling Ordinance”) that approves this Agreement. Thereafter on __________, 2022, 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. 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 13 4 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. 4. 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 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"). Everett Street Terraces Project Resolution No. PC-2022-674 Page 14 5 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 o rder 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, th at 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 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. Everett Street Terraces Project Resolution No. PC-2022-674 Page 15 6 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) 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 (f) 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. 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 Appro vals. 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 substantially Everett Street Terraces Project Resolution No. PC-2022-674 Page 16 7 consistent with this Agreement and does not alter the permitted uses or increase the Project’s density, intensity, maximum height, size of buildings or the amount of reservations and dedications as conta ined 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. 6. 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 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. Everett Street Terraces Project Resolution No. PC-2022-674 Page 17 8 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 Ten Thousand Nine Hundred Eighty-Nine Dollars and Twenty Cents ($10,989.20) per residential unit. The Development Fee shall be adjusted annually commencing January 1, 2025, 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/Long Beach/Anaheim metropolitan area during the prior year. The calculation shall be made using the month of January over the prior January. 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 a 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 Fourteen Thousand Eight Hundred Sixty-One Dollars and Ninety- Four Cents ($14,861.94) per residential unit. The Citywide Traffic Fee shall be adjusted annually commencing January 1, 2025, 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. 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 an 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 18 9 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 Two Thousand Forty-One Dollars and Thirty- Six Cents ($2,041.36) 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, 2025, then commencing on January 1, 2025, 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/Long Beach/Anaheim 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 a 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 Twelve Thousand Five Hundred Forty-Two Dollars and Two Cents ($12,542.02) for each residential dwelling unit within the Property. If the Park Fee is not paid by January 1, 2025, the Park Fee shall be adjusted annually commencing January 1, 2025, 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/Long Beach/Anaheim 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 satisfy the parkland dedication requirement set forth in California Government Code Section 66477 et seq. for the Property. Everett Street Terraces Project Resolution No. PC-2022-674 Page 19 10 (c) In the event Developer provides offsite open space or constructs significant offsite landscaping improvements that add to the overall visual aesthetics of the project, are visible from Walnut Canyon, abut the Project, and are to the satisfaction of the City Manager at his or her sole discretion, such costs for construction shall be credited on a dollar-for-dollar basis toward the Park Fee. 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 Fee shall be Three Thousand Two Hundred Twenty- Five Dollars and Nine Cents ($3,225.09) per residential dwelling unit. Commencing on January 1, 2025, 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/Long Beach/Anaheim 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 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 20 11 fees are imposed on projects similar to the Project or on prop erty 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 Community Facilities District (a) It is the mutual intent of the Parties that the development of the Project will not have any impact on or require any contribution from the General Fund of the City. To facilitate such intent, the City and Developer shall use reasonable efforts to form a Community Facilities District(s) (“CFD”), pursuant to Chapter 2.5 of Part 1 of Division 2 of the California Government Code (the “CFD Act”), for the purposes of financing facilities and services required to be constructed, provided or funded under this Agreement, as the City determines are lawfully and appropriately financed by the CFD. Such facilities and services may include but are not limited to: public facility fees, construction and installation of landscaping, and future costs for the maintenance of landscaping and irrigation of the landscaped areas. (b) Developer shall, prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map: (i) file with the City a petition for the formation of the CFD, (ii) provide any deposit required by Section 53318 of the CFD Act, (iii) not oppose formation of the CFD and (iv) vote in favor of the special tax to fund the CFD. (c) Developer acknowledges and agrees that the City will not accept any improvements or facilities to be maintained by the CFD nor shall the Developer receive any payments from the CFD for any improvements or facilities until such facilities and improvements have been inspected and the City determines in its reasonable discretion, that such improvements and facilities have been completed in accordance with the applicable plans and have no liens outstanding. 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 greate r Everett Street Terraces Project Resolution No. PC-2022-674 Page 21 12 than would otherwise be available, to provide a total of nine (9) housing units. Six (6) of the nine (9) total units shall have a minimum of one thousand one hundred (1,100) square feet and be designated affordable for low-income households (not to exceed 80% of median income adjusted for family size). Five (5) of those six (6) units shall each have a minimum of two (2) bedrooms, two (2) bathrooms. The remaining one (1) unit shall have a minimum of two (2) bedrooms, one (1) bathroom. Three (3) of the nine (9) total units shall have a minimum of 1,000 square feet and be designated affordable for very low-income households (not to exceed 50% of median income adjusted for family size). One (1) of those three (3) units shall have a minimum of two (2) bedrooms and two (2) bathrooms. The remaining two (2) units shall have a minimum of two (2) bedrooms and one (1) bathroom each. The location of each of the units on the Property will be determined in consultation with the City to ensure there is a sufficient mix of affordable units available on each floor of the Project. These nine (9) housings units may be referred to as affordable units or units affordable to low or very low-income households or required affordable units, as set forth above. (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 affo rdable 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 22 13 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 sha ll 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. 5739 and/or RPD Permit No. 2005-02, 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 two (2) bedroom unit will be based on a household of three (3) regardless of the actual size of the household purchasing the unit. For example, the monthly “affordable housing cost” for a two (2) bedroom unit would be 30% times 70% of the current median income for a household of three (3) in Ventura County, divided by twelve (12). This monthly amount includes the component s identified in Everett Street Terraces Project Resolution No. PC-2022-674 Page 23 14 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 two (2) bedroom unit under current market conditions, based upon the following assumptions: Item Detail Amount 2 Bedroom Affordable Sale $175,500.00 Down Payment 5% of Affordable Sales Price $8,775.00 Loan Amount Affordable Sales Price less Down $166,725.00 Interest Rate 4.875% Monthly Property Tax 1.25% of Initial Purchase Price $183.00 LMD Not Currently N/A HOA $200.00 Fire Insurance $60.00 Maintenance $20.00 Utilities $190.00 Low Income Buyer The Affordable Sales Price for very-low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) 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 two (2) bedroom unit will be base d on a household of three (3) regardless of the actual size of the household purchasing the unit. For example, the monthly “affordable housing cost” for a two (2) bedroom unit would be 30% times 50% of the current median income for a household of three (3) 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 very-low-income household purchasing a two (2) bedroom unit under current market conditions, based upon the following assumptions: Everett Street Terraces Project Resolution No. PC-2022-674 Page 24 15 (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 two (2) bedroom unit, mortgage interest rate of 4.875%, 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 $20.00 per month, and utilities of $190.00 per month for a two (2) 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” and “Very-low Income Buyer” tables 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 Item Detail Amount 3 BedroomAffordable Sale $103,000 Down Payment 5% of Affordable Sales Price $5,150 Loan Amount Affordable Sales Price less Down $97,850 Interest Rate 4.875% Monthly Property Tax 1.25% of Initial Purchase Price $107 LMD Not Currently N/A HOA $200 Fire Insurance $60 Maintenance $20 Utilities $190 Very - Low Income Buyer Everett Street Terraces Project Resolution No. PC-2022-674 Page 25 16 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, p roviding 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, 2025, 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/Long Beach/Anaheim 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 26 17 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 minimum 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. Everett Street Terraces Project Resolution No. PC-2022-674 Page 27 18 (q) The floor plan and size of the units shall be approved by the Community Development Director and the City staff person responsible for City’s Affordable Housing Programs, and each unit must 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 affordab ility 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 affordable 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 affordable units remaining unsold six (6) months after the final inspection approval of the 60th unit will be purchased by the City, which will also be provided for in the Affordable Housing Agreement. Developer is required to maintain affordable 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 of final inspection approval of any of the affordable units, Developer shall open escrow for the sale of said unit, which will also be 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 or very-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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 28 19 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 20th Unit 3 40th Unit 3 60th Unit 3 Total 9 (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 units maintain the minimum square footage requirements set forth in paragraph (a) above. (y) Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the Project includes nine (9) residential dwelling units that will be sold to qualified low or very -low-income households, as the case may be. The disclosures shall also state that these nine (9) 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. Everett Street Terraces Project Resolution No. PC-2022-674 Page 29 20 6.14 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. 6.15 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. 6.16 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 con tained 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 sole discretion. 6.17 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. 6.18 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. 6.19 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 d ensity of permitted development to that in existence prior to the approval of GPA No. 2005 -02 and ZC No. 2005-02. Everett Street Terraces Project Resolution No. PC-2022-674 Page 30 21 6.20 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 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 31 22 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 resolu tion declare the surety forfeited. 7.7 Hillside Management Ordinance. City agrees that per Section 17.38.030(M) of the Moorpark Municipal Code, this project is exempt from the provisions of the Hillside Management Ordinance. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by 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) Everett Street Terraces Project Resolution No. PC-2022-674 Page 32 23 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 dee med to have 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). Everett Street Terraces Project Resolution No. PC-2022-674 Page 33 24 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 f easible 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. Developer shall not be entitled to monetary damages or consequential damages for the City’s breach. In addition, in the event this Agreement is terminated by City pursuant to the provisions of Chapter 15.40 of the Moorpark Municipal Code, and such termination is found invalid or unenforceable by a court of competent jurisdiction, Developer shall not be entitled to monetary damages for t he termination or consequential damages incurred that are the result of the termination. 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 or 6.14 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the dat e 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 34 25 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 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 35 26 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 n ot 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 substantially consistent with th is Agreement and does not alter the permitted uses, increase density, intensity, maximum height, size of buildings, or alter 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 Subseq uent Everett Street Terraces Project Resolution No. PC-2022-674 Page 36 27 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 first, 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 Agree ment, 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 prior to the expiration or earlier termination of this Agreement; and (ii) Section 16 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 writ ten, 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 su ch waiver constitute a Everett Street Terraces Project Resolution No. PC-2022-674 Page 37 28 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. 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 Everett Street Terraces Project Resolution No. PC-2022-674 Page 38 29 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. Everett Street Terraces Project Resolution No. PC-2022-674 Page 39 30 IN WITNESS WHEREOF, the Parties have executed this Development Agreement effective as of the Operative Date. CITY OF MOORPARK Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk JOHN C. CHIU, FLP-N By: John C. Chiu, FLP-N Everett Street Terraces Project Resolution No. PC-2022-674 Page 40 31 EXHIBIT “A” LEGAL DESCRIPTION LEGAL DESCRIPTION, LOT 1 TRACT 5739 Lots 11, 12, 13, and 14, Tract No. 2 of M. L. Wicks Subdivision of a part of Tract “U” and addition to Moorpark, in the Rancho Simi, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 5, Page 37 Miscellaneous Records, in the office of the County Recorder of said County. Except for the following four parcels: PARCEL 1 That portion of said Lot 13 described as beginning at the intersection of the easterly line of said Lot 13 and the northeasterly line of Walnut Canyon Rod, 40 feet wide, as shown on said map, said northeasterly line being parallel to and 20 feet northeasterly of the centerline of said Walnut Canyon Road; thence along the easterly line of said Lot 13; 1. North 00º30'26" East 2.79 feet to a line that lies 2.5' northeasterly of and parallel with said northeasterly line of Walnut Canyon Road; thence along said parallel line, 2. North 62º59'34" West 64.09 feet; thence, 3. North 51º33'09" West 13.93 feet; thence, 4. North 59º39'09" West 35.42 feet to the westerly line of said Lot 13; thence along said westerly line, 5. South 00º30'26" West 8.19 feet to said northeasterly line of Walnut Canyon Road; thence along said northeasterly line, 6. South 62º59'34" East 110.69 feet to the intersection of the easterly line of said Lot 13 and said northeasterly line of Walnut Canyon Road, said intersection being the point of beginning of this description. PARCEL 2 That portion of said Lot 12 described as beginning at the intersection of the northeasterly line of Walnut Canyon Road, 40 feet wide, as shown on said map, and the westerly line of said Lot 12; thence along said northeasterly line of Walnut Canyon Road, 1. South 62º59'34" East 1.44 feet; to the northerly line of Everett Street, 50 feet wide, as shown, but not labeled “Everett Street” on said Map, said northerly line being parallel to and 25 feet northerly of the centerline of said Everett Street; thence along said northerly line, 2. South 89º27'24" East 5.67 feet; thence, 3. North 63º12'21" West 7.76 feet to a point in said westerly line, that is distance 2.50 feet northeasterly, measured at right angles from said northeasterly line of Walnut Canyon Road; thence, 4. South 0º30'26" West 2.79 feet to the intersection of said northeasterly line of Walnut Canyon Road and the westerly line of said Lot 12, said intersection being the point of beginning of this description. PARCEL 3 That portion of said Lot 14 described as follows: Beginning at the northeast corner of said Lot 14; thence along the north line thereof, Everett Street Terraces Project Resolution No. PC-2022-674 Page 41 32 1. West 100 feet to the northwest corner thereof; thence along the west line thereof, 2. South 16 feet to a point; thence, 3. Northeasterly in a direct line to the point of beginning. PARCEL 4 The southwesterly 10.00 feet of said Lot 14, as conveyed to the State of California by deed recorded November 10, 1994 as Instrument 94-182298 of Official Records. Also except that portion of Lot 14 lying within Wicks Road as described in Book 894, Page 399 in the office of said County Recorded Everett Street Terraces Project Resolution No. PC-2022-674 Page 42 33 EXHIBIT “B” ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: John C. Chiu, FLP-N 1001 Newberry Road Newberry Park, CA 91320-6434 Everett Street Terraces Project Resolution No. PC-2022-674 Page 43 34 EXHIBIT “C” LOCATION OF AFFORDABLE UNITS Everett Street Terraces Project Resolution No. PC-2022-674 Page 44 EXHIBIT C CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: ____________, 2022 Entitlement Expiration Date: ___________, 20241 Development Agreement Term: __________, 2042 Location: Intersection of Everett Street, Walnut Canyon Road, and Moorpark Avenue (Assessor’s Parcel Numbers [APNs] 512-0-061-310, 512-0-061-320, 512-0-061-050, 512-0-061-060, 512-0-061-210 Entitlements: General Plan Amendment (GPA) No. 2005 -02, Development Agreement (DA) No. 2005-04, Zone Change (ZCH) 2005-02, Vesting Tentative Tract Map No. 5739 (VTTM), Amendment No. 4 to the Downtown Specific Plan (SPA) and Residential Planned Development (RPD) No. 2005-02 Project Description: The Project includes development of 60 attached multi-family residential condominium units, and associated site improvements (Project, Proposed Project). The Project includes an application for a GPA land use designation change of the 2.44 acres of land from High Density Residential (H) to Very High Density Residential (VH), as well as a ZCH from Residential Planned Development (RPD-7-14U) to Residential Planned Development (RPD-20-30U). The request also includes a text amendment to the Downtown Specific Plan (DSP) to change the text of the DSP Sections 2.2.3 and 2.3.3 to expand density incentives when separate lots are combined for residential purposes, in certain RPD zones. The applicant/permittee is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise. General Conditions In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Development Agreements, Permittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development Requirements of this Permit: 1 Expiration not applicable to legislative actions including General Plan Amendment , Text Amendment to the Downtown Specific Plan, and Zone Change which become effective upon project approval. Everett Street Terraces Project Resolution No. PC-2022-674 Page 45 1) Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property and have the appropriate notary acknowledgement suitable for recordation. [CDD] 2) This Vesting Tentative Tract Map (VTTM) No. 5739, and Residential Planned Development (RPD) No. 2005-02 permit expires two (2) years from the date of its approval unless the use has been inaugurated b y issuance of a building permit for construction and recordation of the Final Map. 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 City Council may, at their 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, not to exceed a total of six (6) years, unless otherwise extended by other parameters outlined in the Subdivision Map Act. The request for extension of this VTTM and RPD must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. [CDD] 3) The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. [CDD] 4) 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. [CDD] 5) Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). [CDD] Everett Street Terraces Project Resolution No. PC-2022-674 Page 46 6) 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 this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. 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. 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 Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. [CDD] 7) If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. [CDD] 8) All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. [CDD] 9) Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment must be made within sixty (60) calendar d ays after the approval of this entitlement. [CDD] 10) Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. [CDD] 11) Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements Everett Street Terraces Project Resolution No. PC-2022-674 Page 47 that the Director determines would visible from abutting street(s) may only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. [CDD] 12) Prior to issuance of a Grading Permit, the applicant shall obtain an Encroachment Permit from Caltrans District 7 that shall address offsite improvements along Walnut Canyon Road and Moorpark Avenue (State Route 23) that must specifically include the following: a) Bus turnout; b) Sidewalk and driveway improvements; c) Crosswalk; d) Landscaping; e) Lighting; and f) Roadway striping. [CDD & PW] 13) The applicant agrees not to protest the formation of an underground Utility Assessment District. [CDD & PW] 14) The continued maintenance of the subject site and facilities is subject to per iodic inspection by the City. The Applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. [CDD] 15) No noxious odors may be generated from any use on the subject site. [CDD] 16) The applicant and his/her successors, heirs, and assigns must remove any graffiti within five (five) days from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. [CDD] 17) If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Moorpark Police Department, and the Moorpark City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PW] Development Fees 18) Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current Everett Street Terraces Project Resolution No. PC-2022-674 Page 48 rate then in effect. Said fees include, but are not limited to, building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. Fees typically adjust annually. Fees may be set to adjust at a different interval as noted in the Development Agreement. Affordable Housing Requirement 19) Prior to the recordation of the Final Map for the Project, the applicant shall execute an Affordable Housing Agreement consistent with the Development Agreement Section 6.13. [CDD] Site Improvements 20) Mechanical equipment for the operation of the building must be ground-mounted and screened to the satisfaction of the Community Development Director. The Community Development Director may approve roof-mounted equipment, in which case, all parts of the roof mounted equipment (such as vents, stacks, blowers, air conditioning equipment, etc.) must be below the lowest parapet on the roof; and must be painted the same color as the roofing material. No piping, roof ladders, vents, exterior drains and scuppers or any other exposed equipment may be visible on the roof. [CDD] 21) Parking areas must be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. [CDD] 22) Prior to any re-striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re-striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. [CDD] 23) All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles. [CDD & PW] 24) The Permittee is encouraged to install fiber-optic conduit from the proposed buildings to the right-of-way during grading to maximize the utility and futureproofing of the project. [EDD] 25) The Building Plans must be in substantial conformance to the plans approved under this entitlement and must specifically include the following: Everett Street Terraces Project Resolution No. PC-2022-674 Page 49 a. Transformers, backflow prevention devices, fire department apparatus, and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1), screened from street view with a masonry wall and/or landscaping as determined by the Community Development Director. b. Final exterior building materials and paint colors consistent with the approved plans under this permit. Additional trim details, veneers and finishes shall be required on all elevations visible from public streets, consistent with the Craftsman architectural style. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. c. Identification of coating or rust-inhibitive paint for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. d. Trash disposal and recycling areas in locations which will not interfere with circulation, parking or access to the building. Exterior trash area s and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans, the size of which must be approved by the Community Development Director, City Engineer and Public Works Director and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas must be connected to the sewer system and subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. [CDD] e. The water line easement gate shall be finished in materials and colors consistent with the Project Site’s architectural style subject to the review and approval of the Community Development Director. [CDD] Landscaping, Lighting And Maintenance Requirements 26) Prior to issuance of building permits, the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformity with the City of Moorpark Landscape Standards and Guidelines, policies and requirements. [CDD] 27) Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, must be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, must be in conformance with the Moorpark Municipal Code. [CDD] Everett Street Terraces Project Resolution No. PC-2022-674 Page 50 28) Prior to issuance of grading permit, applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purposes of providing public access. This easement shall consist of the park area of the site. All required easements must be clearly shown on the final site plan(s) and recorded on the Final Map. If no Final Map is provided, then the easement must be on other recorded documents. Additional pertinent documents may be required by the Community Development Director, City Engineer, Public Works Director, and the City Attorney. [CDD, PW & CA] 29) Prior to or concurrently with the issuance of a Zoning Clearance, applicant shall provide affirmative votes to establish a Community Facilities District (CFD) for the continued maintenance of the landscaping along the Walnut Canyon Road / SR 23 frontage area. Once the CFD has been established, the CFD area will be reviewed by the City to determine if the formation of additional easements will be required along the frontage. Any landscaping outside of the right -of-way must be within the CFD or an easement. [CDD] 30) Landscape plans submitted at the time of entitlement review are conceptual only. Entitlement approval does not include approval of specific plant species on conceptual landscape plans unless specifically indicated in the Special Conditions of approval. Detailed landscape plans are subject to review by the Community Development Director for compliance with the City’s Landscape Standards and Guidelines. Avoid plants that require cutting back to keep them within a specified area or at a trimmed height – provide space for plants to grow to maturity and keep their natural shape. [CDD] 31) None of the prohibited plants indicated in the Invasive and Prohibited Plant List contained in the City’s Landscape Standards and Guidelines may be used on any property within the development site or private right of way due to proximity to the Arroyo Simi (Calleguas Creek). [CDD] 32) When available and feasible, use of reclaimed water is required – subject to approval by the Community Development Director, the City Engineer, Public Works Director and Ventura County Environmental Health Division. [CDD, PW & VCEHD] 33) Prior to issuance of Zoning Clearance for occupancy, all fences and walls along lot boundaries must be in place, unless an alternative schedule is approved by the Community Development Director. [CDD] 34) All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter, and debris. All paved surfaces: including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris, and dirt. Walkways, parking areas and aisles and drive -through lanes must be swept, washed, or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to th e storm drain system in accordance with NPDES requirements. [CDD & PW] Everett Street Terraces Project Resolution No. PC-2022-674 Page 51 Solid Waste Division 35) Any community pool, park or common area shall include both recycling and waste receptacles of at least 35-gallon capacity. Recycling bins must be labeled with "Recycling Only" language and the material deposited in such bins must be disposed of in a manner consistent with State Law. [SWM] 36) Prior to issuance of Zoning Clearance for occupancy, the applicant shall provide proof of taking an on-site waste management education program to the satisfaction of the City's Solid Waste Management staff. [SWM] 37) Space must be provided in the trash enclosure for the storage of containers for solid waste, recycling, green waste and at least four additional 95 gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. [SWM] 38) Prior to issuance of a construction permit, the applicant shall provide a Recycling Bin Plan for the review and approval of the City's Solid Waste Management staff. Bins must be labeled with "Recycling Only" and bins containing mixed material must be sent to a State-approved recycling center or transfer station where the material is to be sorted for proper recycling. Applicant will also be required to divert 65% of all nonhazardous construction materials from landfill. [SWM] 39) Prior to issuance of a building permit, the applicant shall submit a Constru ction and Demolition Materials Management Plan Estimate for the review and approval of the City's Solid Waste Management staff and Building and Safety Division for recycling of waste materials consistent with the aforementioned requirement. The Plan must include estimated quantities for each type of material to be diverted or landfilled. [SWM] 40) Prior to final inspection, the applicant must submit a Final Report Construction and Demolition Waste Letter of Documentation (including premium gate tickets) to the Building and Safety Division, demonstrating compliance with the Construction and Demolition Materials Management Plan Estimate and indicate the total amount of construction and demolition waste diverted. [SWM] Engineering Division 41) Prior to construction, applicant shall submit a construction traffic control plan for the review and approval of the City Engineer and Public Works Director. Traffic control plan shall include construction advisory speed limits, speed limit posting locations, and enforcement measures if needed. [PW] 42) The applicant and/or property owner shall provide verification to the City Engineer and Public Works Director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Everett Street Terraces Project Resolution No. PC-2022-674 Page 52 Additional cleaning may be required by the City Engineer and Public Works Director depending upon site and weather conditions. [PW] 43) Prior to any work being conducted within any State, County, or City right -of- way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer and Public Works Director. [PW] 44) Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions. [PW & VCAPCD] 45) The applicant shall utilize all prudent and reasonable measures (including installation of a 6-foot-high chain link fence around the construction site(s) and/or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. [PW] 46) Prior to construction, the applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations to the satisfaction of the City. [CDD & PW] 47) Prior to the issuance of a grading permit or Final Map approval, whichever comes first, the applicant shall post sufficient surety with the City, in a form acceptable to the City Engineer and Public Works Director, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval and/or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non - point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded, and constructed as a single project. [PW] 48) Prior to the issuance of a grading permit or Final Map approval, whichever occurs first, the applicant shall provide written proof to the City Engineer and Public Works Director that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventu ra County Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements. [PW] 49) During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub-drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, Everett Street Terraces Project Resolution No. PC-2022-674 Page 53 and the density test results and reports submitted to the City Engineer and Public Works Director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer and Public Works Director must be obtained prior to any modification. [PW] 50) Written weekly progress reports and a grading completion report must be submitted to the City Engineer and Public Works Director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as -built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. [PW] 51) During grading, colluvial soils and landslide deposits within developed portions of the properties must be re-graded to effectively remove the potential for seismically- induced landslides in these materials. Additional buttressing, keying and installation of debris benches must be provided in transition areas between non -graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. [PW] 52) Temporary irrigation, hydroseeding and erosion control measures, approved by the Community Development Director, City Engineer and Public Works Director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1 to April 15), these measures will be implemented immediately. [CDD & PW] 53) Grading may occur during the rainy season from October 1 to April 15, subject to timely installation of erosion control facilities when approved in writing by the City Engineer, Public Works Director and the Community Development Director and when erosion control measures are in place. In order to start or continue grading operations between October 1 and April 15, project-specific erosion control plans that provide detailed Best Management Practices for erosion control during the rainy season must be submitted to the City Engineer and Public Works Director no later than September 1 of each year that grading is in progress. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading Everett Street Terraces Project Resolution No. PC-2022-674 Page 54 operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local t hree-day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community Developmen t Director, City Engineer, and Public Works Director. [CDD & PW] 54) Prior to construction, the applicant shall comply with the City of Moorpark standard requirements for dust control, including, but not be limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent ground cover/seeding, street sweeping, and covering loads of dirt for the review and approval of the City Engineer and Public Works Director. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour). [PW] 55) At least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five-hundred feet (500') of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re-issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the Community Development Department. The notice record for the City must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. [CDD & PW] 56) Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer, the applicant/owner shall notify the City Engineer and Public Works Director in writing within 48 hours of such change. Said letter shall specify successor California Registered Civil Engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the City. [PW] 57) Prior to construction, applicant shall obtain an Encroachment Permit from Caltrans District 7 Office of Permits for all construction related activities on Walnut Canyon Road or Moorpark Avenue(State Highway 23). This includes, but is not limited to, construction traffic control plan and phasing, detours, temporary construction improvements such as stabilized entrances, and placement of stormwater BMPs. [PW] Everett Street Terraces Project Resolution No. PC-2022-674 Page 55 58) Prior to issuance of a Grading Permit, applicant shall obtain approval from Caltrans District 7 Office of Permits for any public and street improvements on Moorpark Avenue or Walnut Canyon Road (State Highway 23). Public improvements may include, but not be limited to, utility improvements, drainage infrastructure improvements, sanitary sewer and domestic water improvements, and signing and striping improvements. The State has designated Walnut Canyon Road (State Highway 23) as an expressway and must adhere to expressway standards. The State right-of-way is considered access-controlled highway. All improvements along State right-of-way on Walnut Canyon Road will need to be reviewed and permitted by the State with these considerations. [PW] 59) Prior to Grading Permit issuance, all domestic water and sanitary sewer improvements shall be reviewed and approved by Ventura County Waterworks District No. 1. Any utility improvements along Walnut Canyon Road (State Highway 23) will require Caltrans review and oversight. Additionally, the State has designated Walnut Canyon Road (State Highway 23) as an expressway and must adhere to expressway standards. The State right-of-way is considered access controlled highway. All improvements along State right-of-way on Walnut Canyon Road will need to be reviewed and permitted by the State with these considerations. [PW] 60) All private driveway intersections within the development shall provide adequate sight- distance for all approaches for all users, including pedestrians and cyclists. Sight- distance analysis shall be provided to the City Engineering Division for review and acceptance. [PW] 61) Prior to Grading Permit issuance, site access and fire hydrant locations shall be reviewed and approved by the Ventura County Fire Department. [PW] 62) Prior to Building Permit issuance, any existing sub -surface septic systems shall be removed. [PW] 63) The applicant shall submit Precise Grading Plans, prepared by a California Registered Civil Engineer, detailing the design of finished surfaces including parking lot pavement, curbs, curb and gutter, local depressions, sidewalks disabled access parking, ramps, connections to public right of way and disabled access circulation within the site. The plans should include design grades for proposed buildings, including pad and finished floor elevations, required over-excavations cut/fill slopes, keyways, subdrains, limits and details of any required remedial grading. Required retaining walls shall be detailed with top of wall/top of footing callouts every 25 to 50 feet, related finished grades at the top of walls, and details of provisions for subdrains and connections to approved points of disposal. Precise Grading Plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 64) The applicant shall submit a design level Geotechnical Report prepared by a Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall Everett Street Terraces Project Resolution No. PC-2022-674 Page 56 provide specific recommendations for cut/fill slopes, fo undations, retaining walls, temporary excavations, utility trenches, by the proposed development. The report shall present detailed geotechnical recommendations for design and construction of the proposed project and improvements, as well as mitigation of known geologic hazards. The Geotechnical Report shall be prepared in accordance with the County of Ventura standards and shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 65) All pavement structural sections shall be designed by the project Geotechnical Engineer and Engineering Geologist and submitted in conjunction with the final geotechnical report for review and approval by the City of Moorpark Public Works Department prior to the issuance of a Grading Permit. [PW] 66) All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved geotechnical studies. [PW] 67) The applicant shall provide for the mitigation of the potential for liquefaction and lat eral spreading, and well as the densifying of soils underlying and providing support for the proposed buildings based on the recommendations in the project Geotechnical Report. The applicant will provide for a specific design and method of ground improvement to satisfy the above requirements. Ground improvement design and liquefaction mitigation shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 68) The applicant shall eliminate or remediate all geologic hazards associated with this proposed development to the satisfaction of the City of Moorpark Public Works Department. [PW] 69) The applicant agrees to address and mitigate any and all engineering and geotechnical design and construction issues not contained within these conditions, associated with the proposed development that may arise during final design. [PW] 70) All existing and proposed easements shall be reflected on the project plans. [PW] 71) All grading and excavation shall be observed and documented by the project Geotechnical Engineer, who shall verify that the excavation, grading, subdrainage, backfill, compaction, and related operations are executed by the site construction personnel in conformance with the provisions of the approved Geotechnical Report. Any deficiencies noted shall be brought to the attention of the grading contractor and the City. Such observations, verifications, related tests, and other pertinent documentation shall be submitted to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit.[PW] 72) Rough Grade Report. At the completion of rough grading, the project Geotechnical Engineer shall submit a comprehensive rough grade report summarizing the required Everett Street Terraces Project Resolution No. PC-2022-674 Page 57 observations, verifications, related tests, and other pertinent documentation to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit. [PW] 73) Rough Grade and Building Pad Certifications. Upon completion of rough grading, the applicant shall submit Rough Grade and Building Pad Certifications on the City’s forms. The certifications shall be signed by the project Geotechnical Engineer and project Civil Engineer, as well as the Grading Contractor. The certification shall be accompanied by as-built survey where deemed necessary by the City Engineer to verify compliance with the limits and elevations required by the approved grading and drainage plans. The Rough Grade and Building Pad Certifications shall be reviewed in conjunction with the Rough Grade Report by the City of Moorpark Public Works Department for approval prior to the issuance of a Building Permit. [PW] 74) Approval of Rough Grading. The project Rough Grade Report and Rough Grade and Building Pad Certifications shall be reviewed and approved by the City Engineer. Evidence of such approval shall be provided to the Community Development Department, Building and Safety Division, prior to the issuance of a Building Permit. No Building Permit shall be issued for the project without these approvals. [PW] 75) Final Grade Certification. Prior to the issuance of a Certificate of Occupancy (C of O), the applicant shall submit a Final Grade Certification on the City’s form. The Final Grade Certification shall be reviewed and approved by the City Engineer prior to the issuance of a C of O for the project. [PW] Final Map 76) The Final Map must be prepared in accordance with the latest copy of the, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of Survey/Corner Records" as published by the Public Works Agency of the County of Ventura and amended from time to time. The various jurat's/notary acknowledgements and c ertificates must be modified, as appropriate, to reflect the jurisdiction of the City and the location of the subdivision within the City. The Final Map must provide that each lot corner and street centerline intersection, tangent point, and terminus be monumented with Ventura County Road Standard survey monument plate E -4. Street monuments must be intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be center punched to show the corner, and be stamped with the registration or license number of the professional surveyor responsible for its location. [PW] 77) Concurrently with the submittal of the Final Map, the applicant shall submit a current (dated within the last ninety (90) days) preliminary title report to the City Engineer and Public Works Director, which clearly identifies all interested parties, lien holders, lenders and all other parties having any record title interest in the real property being subdivided. The preliminary title report must identify the holders of any easements that affect the subdivision and contain the vesting deeds of ownership and easements. Thirty (30) days prior to the submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer and Public Works Director, a subdivision guarantee Everett Street Terraces Project Resolution No. PC-2022-674 Page 58 policy of the property within the Final Map and preliminary title report for each area of easement proposed to be obtained for grading or construction of improvements. [PW] 78) Prior to or concurrently with the submittal of the Final Map, the applicant shall provide written evidence to the City Engineer and Public Works Director that a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act has been transmitted to each public entity or public ut ility that is an easement holder of record. The applicant shall obtain subordination of senior rights of easement from any such public utility in favor of the City. [PW] 79) At least one-hundred-twenty (120) days prior to the filing of the Final Map, if any improvement which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall comply with all of the requirements of Subdivision Map Act Section 66462.5 and any provision amendatory or supplementary thereto. Prior to the filing of the Final Map the applicant shall provide the City with an executed offsite property acquisition agreement in a form acceptable to the Community Development Director, City Attorney, and City Manager. As a part of the notification to the City required by that section, the applicant shall provide the City a deposit in an amount approved by the Community Development Director, sufficient to pay the estimated costs and fees to be accrued by the City in obtaining said property. Within fifteen (15) days of notification by the City that the deposited funds are insufficient to complete the acquisition, the applicant shall deposit such additional funds that the Community Development Director deems necessary. During the time between notice of insufficiency of deposited funds and payment of said insufficiency, the time limits of Section 66462.5 shall toll. [PW] 80) Prior to Final Map approval, the applicant shall obtain City Engineer and Public Works Director approval of all required public improvement and grading plans. The applicant shall enter into an agreement with the City of Moorpark to complete grading, public improvements and subdivision monumentation and post sufficient surety guaranteeing the construction and maintenance of grading all public improvements, and private street and storm drain improvements; construction and post construction NPDES Best Management Practice; and subdivision monumentation in a form and in an amount acceptable to the City Engineer. The plans must be prepared by a California Registered Civil Engineer and sureties must meet the City's requirements for sureties and must remain in place for one year following final acceptance of the improvements by the City or until such time that the City Council shall approve their redemption, whichever is the longer. [PW] 81) Prior to Final Map approval, the applicant shall post sufficient surety in an amount acceptable to the Community Development Director, City Engineer, Public Works Director and in a form approved by City Attorney guaranteeing the payment of laborers and materials men in an amount no less than fifty percent (50%) of the faithful performance surety. [PW] Everett Street Terraces Project Resolution No. PC-2022-674 Page 59 82) Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer and Public Works Director electronic files of the Final Map, complete in every fashion except for signatures, in a format satisfactory to the City Engineer and Public Works Director. [PW] 83) Upon recordation of the Final Map(s) the applicant shall forward a photographic process copy on 3-mil polyester film of the recorded Map(s) to the City Engineer and Public Works Director. [PW] 84) Prior to Final Map approval, the applicant shall show all lot-to-lot drainage easements or secondary drainage easements delineated on the Final Map. Assurance in the form of an agreement must be provided to the City that these easements will be adequately maintained by the property owners to safely convey stormwater flows. Said agreement must be submitted to the City Engineer and Public Works Director and City Attorney for review and approval and must include provisions for the owner’s association to maintain any private storm drain not maintained by a City Assessment District in conformance with the NPDES. The agreement must be a durable agreement that is binding upon each property owner of each lot and successors in interest. [PW] 85) Prior to Final Map approval, the applicant shall fully complete the "Final Map Processing Procedures" as outlined in Moorpark Administrative Procedure (MAP) CD- 18, available from the Community Development Department. [PW] 86) Prior to Final Map approval, applicant shall provide all improvement plans for review and concurrence from the Engineering Department. [PW] 87) Prior to Final Map approval, all public utility easements shall be reviewed and accepted by the utility provider(s) and/or public agency(ies). [PW] 88) The Final Map shall contain a plat which reflects the subject property, property lines, easements of record, any new easements proposed (which are intended to be conveyed by the Final Map), a metes and bounds legal description, basis of bearings, data tables and other pertinent data. [PW] 89) The applicant’s engineer shall plot all referenced easements on the site plans, grading plans and Final Map. [PW] Public And Private Streets And Related Improvements 90) Prior to construction of any public improvement, the applicant shall submit to the City Engineer and Public Works Director, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, and enter into an agreement with the City of Moorpark to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements, except as specifically noted in these Standard Conditions or Special Conditions of Approval. [PW] Everett Street Terraces Project Resolution No. PC-2022-674 Page 60 91) Prior to issuance of the first building permit, all existing and proposed utilities, including electrical transmission lines less than 67Kv, must be undergrounded consistent with plans approved by the City Engineer, Public Works Director and Community Development Director. Any exceptions must be approved by the City Council. [CDD & PW] 92) Prior to final inspection of improvements, the project Registered Civil Engineer shall submit certified original "record drawing" plans with three (3) sets of paper prints and the appropriate plan revision review fees to the City Engineer and Public Works Director along with electronic files in a format satisfactory to the City Engineer and Public Works Director. These "record drawing" plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The plans must be "record drawings" on 24" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, streetlights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. [PW] 93) All driveway approaches that cross an accessible path or sidewalk shall be ADA compliant. [PW] 94) Standard roadway designs, per the most current Ventura County Road Stand ards, shall be used for all public and private street improvements. [PW] 95) The applicant shall provide plans detailing the design of the horizontal and vertical alignment for the project’s access driveways and vehicle circulation to the satisfaction of the County of Ventura Fire Department and City of Moorpark Public Works Department. Such design shall utilize standards for vertical curve, sight distance and turning movement design consistent with County of Ventura, AASHTO and City of Moorpark design requirements. Design plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] 96) The applicant shall submit Street Improvement Plans, prepared by a California Registered Civil Engineer, detailing the design of frontage improvements including curb, gutter, sidewalk, roadway pavement, drainage, signage, striping, utilities and other improvements. Plans shall include designs and details of existing and proposed sidewalk and driveway transitions compliant with the Americans with Disabilities Act (ADA) as well as disabled access provisions as contained in the latest edition of the California Building Code (CBC), as amended by the County of Ventura and the City of Moorpark. Any existing frontage improvements (sidewalk, driveway(s), clearances around above-ground utility poles, utility boxes, etc) shall be reviewed and upgraded as necessary to comply with disabled accessibility standards. Street Improvement Everett Street Terraces Project Resolution No. PC-2022-674 Page 61 Plans shall be submitted to the City Engineer and Public Works Director for review and approval prior to the issuance of a Grading Permit. [PW] Drainage And Hydrology 97) Prior to approval of a grading plan, the applicant shall submit a drainage plan with calculations that analyze conditions before and after development, as well as potential development proposed, approved, or shown in the General Plan for the review and approval of the City Engineer and Public Works Director. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. [PW] 98) Hydrology calculations must be per current Ventura County Watershe d Protection Agency Standards and to the satisfaction of the City Engineer and Public Works Director. Development projects within a 100-year flood zone may require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR) as determined by the City Engineer and Public Works Director. [PW] 99) All storm water detention, retention, and impoundment facilities shall provide access for maintenance purposes. This includes, but is not limited to, maintenance access roads, vehicle and/or man gates, and adequate space to maneuver equipment. [PW] 100) Provide a complete Hydrology and Hydraulic Report for the entire development. This includes all technical analysis for storm water impoundment and conveyance facilities, peak flow mitigation analysis, storm water runoff calculations, and facility sizing design requirements. If the improvements are to be phased, any interim drainage condition shall be considered as part of the proposed improvements. [PW] 101) If drainage is conveyed to adjacent properties, additional easements and/or approvals may be required. [PW] 102) The applicant shall submit a Project Drainage Report, prepared by a California Registered Civil Engineer, to address existing and proposed hydrology, including offsite flow patterns which currently influence the project site. Report shall address developed hydrology associated with the site development, based on the provisions of the Ventura County Hydrology Manual and associated methodology, addressing both 10-year and 100-year existing and proposed drainage conditions, including provisions for the interception and conveyance of the 10 -year design storm and flood hazards associated with the 100-year storm. Calculations for the mitigation of increased stormwater runoff shall be provided to support on-site detention facility sizing. Calculations shall address the detailing and sizing of area drains, catch basins and storm drain laterals on site, and shall be coordinated with the project Storm Drain Plans. The Project Drainage Report shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. [PW] Everett Street Terraces Project Resolution No. PC-2022-674 Page 62 103) The applicant’s engineer shall provide for detention of on -site storm drainage, based on either offsite storm drain capa city limitations or a ‘no net increase’ approach, whichever yields the greater volume or required detention. In either case the required volume shall be calculated by unit hydrograph or other approved means. Such calculations shall be included in the Project Drainage Report. [PW] 104) Unless specifically approved by the City of Moorpark, the on-site storm drain system shall be privately owned and maintained. Storm drain plans shall clarify that the on - site storm drain system is not to be maintained by either the City of Moorpark or the County of Ventura. [PW] National Pollutant Discharge Elimination System (NPDES) 105) Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the City Engineer and Public Works Director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings, and final landscaping of the site. [PW] 106) Development shall conform to the current requirements for the County’s MS4 permit for new developments. [PW] 107) All storm water facilities shall conform to the most current Ventura County Technical Guidance Manual for Storm Water Quality Control Measures. This includes all HOA and Facilities District maintained storm water quality facilities. [PW] 108) In-tract improvements shall incorporate Low Impact Development standards. [PW] 109) A State Storm Water Pollution Prevention Plan is required for all ground disturbing activities that are greater than one acre. Prior to Grading Permit issuance, a Notice of Intent (NOI) and the SWPPP shall be filed with the State Water Resources Control Board, and a Waste Water Discharge Identification Number and Construction General Permit must obtained. [PW] 110) Development shall conform to the current requirements for the County’s MS4 permit for new developments. The applicant’s engineer shall design required water quality mitigation features and related storm water mitigation volumes (Qpm) in accordance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures, NPDES and City requirements. Calculations shall be submitted with the Project Drainage Report. All covenants shall be submitted to the Everett Street Terraces Project Resolution No. PC-2022-674 Page 63 City of Moorpark Public Works Department for review and approval and be recorded prior to Grading Permit issuance. [PW] 111) The applicant’s engineer shall provide for the mitigation of the project’s storm water quality impacts. The applicant’s engineer shall provide calculations for the sizing and location of devices intended to mitigate such impacts and coordinate the locations of required water quality treatment devices on the Storm Drain Plans. The details of the required devices shall be included in the Project Drainage Report and detailed on the project plans. [PW] 112) Prior to the issuance of any construction/Grading Permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost- effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. “Passive” and “natural” BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar “active” devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, b io-remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As Everett Street Terraces Project Resolution No. PC-2022-674 Page 64 deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a) Provide discharge quality monitoring. b) Assess impacts to receiving water quality resulting from discharged waters. c) Identify site pollutant sources. d) Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e) Measure management program effectiveness. f) Investigate and implement improved BMP strategies. g) Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement).Secure the funding, in perpetuity, to achieve items “a” thro ugh “g” above. [PW] Ground Disturbance 113) If any archeological, paleontological, or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Director of the find. In the absence of the Director, the applicant shall so inform the City Manager and Planning Manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is ap propriate to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. [CDD] 114) Archeological Training: Prior to any ground disturbing activity, construction personnel associated with earth moving equipment, drilling, grading, and excavating, shall be provided with basic training conducted by a qualified archaeologist. Issues that shall be included in the basic training will be geared toward training the applicable construction crews in the identification of archaeological deposits, further described below. Training will include written notification of the restrictions regarding disturbance and/or removal of any portion of archaeological, paleontological, or historical deposits and the procedures to follow should a resource be identified. The construction contractor, or its designee, shall be responsible for implementation of this measure. A tribal monitor shall be provided an opportunity to attend the pre-construction briefing if requested. [CDD] 115) Inadvertent Discovery of Human Remains. The inadvertent discovery of human remains is always a possibility during ground disturbances; State of California Health and Safety Code Section 7050.5 addresses these findings. This code section states that in the event human remains are uncovered, no further disturbance shall occur until the County Coroner has determined the origin and disposition of the remains Everett Street Terraces Project Resolution No. PC-2022-674 Page 65 pursuant to California Public Resources Code Section 5097.98. The Coroner must be notified of the find immediately, together with the City and the property owner. If the human remains are determined to be prehistoric, the Coroner will notify t he Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials and an appropriate reinternment site. 116) Paleontological Plan: If paleontological remains are discovered, a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the Community Development Director for review and approval. The development and implementation of this Plan must include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the City of Moorpark unless the City chooses otherwise. If the City accepts ownership, the curation location may be revised. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. [CDD] California Environmental Quality Act (CEQA) – Mitigated Negative Declaration 117) All mitigation measures required as part of an approved Mitigation Monitoring Rep ort and Program (MMRP) for this entitlement are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance so long as it does not conflict with the California Environmental Quality Act and the more restrictive measure or condition shall apply. [CDD] Cable Television 118) Prior to commencement of project construction, the applicant shall provide notice of its construction schedule to all persons holding a valid cable television franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. The City shall provide the applicant a list of Cable Franchisees upon request. During construction, the applicant shall allow the Cable Franchisees to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. [CDD] 119) In the event the cable television services or their equivalent are provided to the project or individual lots under collective arrangement or any collective means other than a Cable Franchise (including, but not limited to, programming provided over a Everett Street Terraces Project Resolution No. PC-2022-674 Page 66 wireless or satellite system contained within the Project), the Home Owners Association (HOA), property owner association or other applicable entity shall pay monthly to City an access fee of five percent (5%) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as define d in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. In the event there is no HOA (e.g. in the case of an apartment project), then the property owner shall make the payment. [CDD] 120) In the event cable television services or their equivalent are provided to the project by any means other than by a City Cable Franchise, the City's government channel shall be available to all units as part of any such service, on the same basis and cost as if the project was served by a City Cable Franchise. [CDD] Moorpark Police Department 121) A Landscape Maintenance Plan shall be prepared prior to the installation of landscape improvements and maintained throughout the life of the project by the Homeowner’s Association. The plan shall be submitted to the Community Development Department and Police Department for review prior to installation of common area landscaping. The Landscape Maintenance Plan shall dictate that all tree canopies shall be maintained no lower than 6 feet in height and all shrubbery no higher than two feet in height. [PD] 122) Prior to the issuance of any Building Permits, a lighting photometric plan shall be approved by the Police Department. The lighting plan shall indicate adequate lighting along common walkways, park, and other amenities available to residents and the general public to ensure sufficient lighting is provided and be in compliance Moorpark Municipal Code Section 17.30 Lighting Regulations. [PD] 123) Prior to the issuance of a Building Permit, the following plans shall be submitted for review by the Police Department and approved by the Community Development Department: a) Security Plan; b) Fencing Plan to address outdoor areas, parking areas and other surrounding walls and fences. The Project shall ensure Knox box access to all gated areas; and c) Access Plan for parking and residential areas. [PD] Ventura County Public Works Water and Sanitation 124) Prior to the issuance of a Signed Agreement to Install Water and Sewer Improvements the Applicant shall provide Ventura County Waterworks District with the following: a. Water and sewer improvement plans prepared in accordance with District standards. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines to determine the extent Everett Street Terraces Project Resolution No. PC-2022-674 Page 67 of capital improvements to the existing water and sewer facilities to serve the subject properties. c. Digital copies of the grading, street, and storm drain plans. d. A plan denoting the location of fire hydrants and copy of approvals by the Ventura County Fire Protection District for fire hydrant locations. e. Cost estimates for water and sewer improvements. f. Plan check deposit, construction inspection deposit, capital improvement charge, sewer connection fee, and meter charges per phase of the project. g. Recorded easements dedicated to the District for water and sewer facility improvements as shown on the recorded tract map. Dedicated easements shall be over and across all streets and parking lots for access to maintain and repair of the District’s substructures and facilities. [VCWD1] 125) The District will provide “Will Serve Letters” upon completed review and acceptance of the water and sewer improvement plans and payment of applicable fees. [VCWD1] 126) Following the acceptance of the above items, Applicant is to provide Ventura County Waterworks District with three sets of the signed Agreement to Install improvements and Surety Bonds. [VCWD1] 127) The applicant shall comply with the applicable provisions of the Rules and Regulations of the Ventura County Waterworks District. [VCWD1] Ventura County Air Pollution Control Division 128) Discharge of Pollutants. Prior to issuance of a grading permit, and to ensure that discharge of air contaminants that may result from site operations are minimized to the greatest extent, the applicant shall operate in accordance with the Rules and Regulations of the VCAPCD, with emphasis on Rule 51, Nuisance, which is complaint driven. [APCD] 129) Dust Control for Construction. Prior to issuance of a grading permit, and to ensure that fugitive dust and particulate matter that may result from site preparation, construction and/or grading activities, the applicant shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). [VCAPCD] Ventura County Fire Department 130) Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards. Fire Department Access - VCFD Standard 501: i) Access road width of 36 feet shall be provided for residential use with parallel parking permitted on both sides. ii) Access road width of 32 feet shall be provided for residential use with parallel parking permitted on one side. Everett Street Terraces Project Resolution No. PC-2022-674 Page 68 iii) Access road width of 24 feet shall be required with no on -street parking permitted, or per Public Road Standards whichever is stricter. iv) Maintained on Everett Street [VCFD] 131) Turnout- A widening in a roadway to allow emergency equipment to stage off the roadway traffic lane. There is no fire department driveway or turnaround proposed on plan. A Turnout could be used at Wicks Rd and Everett St to provide the Fire Department Access Point. [VCFD] 132) Construction Access - Prior to combustible construction, a paved all-weather access road / driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District. [VCFD] 133) Construction Access Utilities - Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts. [VCFD] 134) Vertical Clearance - All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. [VCFD] 135) Parking Prohibited - The property owner(s) are hereby advised that parking on access roads / driveways and fire department turnarounds is prohibited. [VCFD] 136) Site Access - Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District access standards. Two turnout locations at Wicks Rd and Everett St can provide Site Access. Garage driveways are not considered fire department access points. [VCFD] 137) Fire Lanes / Access Review (Submit prior to Building & Safety approval) - the applicant shall submit two (2) site plans to the Fire District for review and approval of Access and location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements. [VCFD] 138) Fire Lane Plans. Prior to final inspection by VCFPD, submit 2 copies of a scaled site plan with appropriate application and fees to VCFPD. Plans shall indicate the following: 1. Location of all buildings and structures inclusive of overhangs 2. Location of all fire apparatus access roads serving the site 3. Location of any gates or barriers 4. Location of sidewalks and parking rows 5. Location of fire hydrants Everett Street Terraces Project Resolution No. PC-2022-674 Page 69 6. Location of FDC’s 7. Locations of any existing fire lanes and sign locations 8. Clear designation where private roads connect with public roads. [VCFD] 139) Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction shall be provided for separate entry / exit gates and a minimum 20 for combined entry / exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. [VCFD] 140) Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway. [VCFD] 141) Aerial Apparatus Access General. Aerial fire apparatus access shall be required when the vertical distance between any grade plane and the highest roof sur face exceeds 30 feet. One aerial apparatus access roads shall be provided per 50,000 square feet of building area. Exceptions: Aerial fire apparatus access shall not be required when any of the following apply: 1. Non accessible roofs with pitched greater than 8:12 when building is protected by an automatic fire sprinkler system in accordance with NFPA 13. 2. Limited architectural features such as canopies and towers without habitable floor space below the roof when building is protected by an automatic f ire sprinkler system in accordance with NFPA 13. [VCFD] 142) Mitigations to Aerial Apparatus Access Roads. The fire code official is authorized to reduce the required width to not less than 24 feet when all of the following are provided; 1. Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13, 2. fire sprinkler standpipes are provided on all floors and through to the roof. 3. two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure. [VCFD] 143) Access Point(s) on Roads. Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building or structure. Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fire sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the driveway to the exterior openings around the structure. [VCFD] Everett Street Terraces Project Resolution No. PC-2022-674 Page 70 144) Fire Hydrant Plan - Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets. [VCFD] 145) Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. [VCFD] 146) General. Hydrants required for multi-family, commercial or industrial projects shall be in accordance with this chapter and VCFC Appendix C. When the site is not served by a purveyor or the purveyor is unable to supply the required fire flow, fire sprinklers and a water storage tank will be required. Restrictions apply, see Fire Prevention Standard 14.5.5 and VCFC Appendix B. [VCFD] 147) Distance to Hydrant. The maximum distance from any structure’s access point to a hydrant shall be in accordance with VCFC Appendix C, as measured along the required access. [VCFD] 148) Hydrant Size and Type. All hydrants shall be a 6 inch wet barrel hydrant. The number and size of outlets shall be as based on required fire flow as follows: (1) Fire flow up to 3,000 gpm – One 4 inch and two 2-1/2 inch outlets (2) Fire flow over 3,000 gpm – Two 4 inch and one 2-1/2 inch outlets [VCFD] 149) Fire Hydrant Installation - Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation. [VCFD] 150) Hydrant Location Markers - Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed. [VCFD] 151) Fire Flow Verification - Prior to map recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow specified in Tables B105.2 and B105.1(2) of the California Fire Code. [VCFD] 152) Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application. [VCFD] Everett Street Terraces Project Resolution No. PC-2022-674 Page 71 153) Per NFPA 13 Fire Department Clearance (Submit prior to Building & Safety approval) - Applicant shall obtain VCFD Form #610 "Fire Permit Application” and Form #625 “Fire Flow Verification” prior to obtaining a building permit for any new structures or additions to existing structures. [VCFD] 154) High Fire Hazard Zone Landscape Plans: Starting October 27, 2021, VCFD began requiring review and approval of all landscape plans when the project is located within a State Mapped Very High, High, or Moderate Fire Hazard Severity Zone (FHSZ), or a local Hazardous Fire Area as determined by the VCFD. See VCFD Guideline 416. Installation of new landscape is the starting point to make sure correct plants are selected and proper spacing is provided and maintained. In most cases, there are already requirements to submit landscape plans to the County or City for review of State water requirements for landscape areas. In addition, we do not want new landscaping installed now that may have to be retrofitted when State Zone 0 regulations take effect. The requirement for landscape plans al so includes major retrofit of existing landscape areas. [VCFD] Everett Street Terraces Project Resolution No. PC-2022-674 Page 72 Everett Street Terraces Project Resolution No. PC-2022-674 Page 73 EXHIBIT D Existing Proposed Very High Density Residential (15 DU/AC) High Density Residential (7 DU/AC) Medium Density Residential (4 DU/AC) Old Town Commercial Office Public/Institutional Ex i s t i n g P r o p o s e d Si n g l e F a m i l y R e s i d e n t i a l ( R - 1 ) Ru r a l E x c l u s i v e ( R E - 1 A C ) Re s i d e n t i a l P l a n n e d D e v e l o p m e n t ( R P D - 1 9 U ) Re s i d e n t i a l P l a n n e d D e v e l o p m e n t ( R P D - 2 0 U - N - D ) Co m m e r c i a l O l d T o w n ( C - O T ) Re s i d e n t i a l P l a n n e d D e v e l o p m e n t ( R P D - 2 0 - 3 0 U ) Everett Street Terraces Project Resolution No. PC-2022-674 Page 74 Downtown Specific Plan Amendment No. 4 Project Description The purpose of the Residential Planned Development (RPD) is to provide a flexible regulatory zone to encourage creative and innovative design. The maximum permissible density in the Downtown Specific Plan (DTSP) is currently 20 units/acre for a low/very low senior housing project. The applicant has requested a zone change to RPD 20-30 units per acre to accommodate the proposed 60 multi-family residential units to be constructed on 2.4 acres at a proposed density of 25 units/acre. Proposed Zone Change Residential Planned Development (RPD) 20-30 DU/Ac DTSP Amendment: 2.2.3 Residential Planned Development (RPD) 2. Development Requirements The density range in the Residential Planned Development area has been established to encourage lot consolidation and redevelopment of under-developed or declining properties. Given the close proximity to public transit and local services, residential density in the downtown RPD areas, residential densities associated with RPD areas may be higher than in other parts of the City. Density bonuses may be granted by the City Council for a housing development anywhere in the RPD areas in accordance with provisions of California Government Code Section 65915 et seq. and Chapter 17.64 of the Moorpark Municipal Code. Section 2.3.3 Lot Consolidation and Incentives allows the increased density under certain standards and conditions. 2. Unit Articulation Unit articulation will help diminish the massive look of large structures, and blend with the surrounding neighborhood. These guidelines are especially pertinent to those parcels along Charles Street and Everett Street that may be affected by the lot consolidation (aka. Spring Road) density incentives. 2.3.3 Lot Consolidation and Incentives The maximum density in the High to Very High Density Residential areas can only be achieved when lot consolidation occurs. On the Specific Plan Moorpark Downtown Specific Plan 2-58 Zoning Map Figure 6, those areas are zoned RPD 7 – 14 and RPD 20-30 dwelling units per acre. Lot consolidation allows for greater flexibility in site design, potential for reduction in the number of driveways serving the consolidated property and opportunities to more quickly improve a neighborhood. Density bonuses which are granted must be consistent with the requirements of Chapter 17.64 of the Moorpark Municipal Code and the California Government Code 65915 et seq. Without lot consolidation, the density bonus in the RPD 7-14 zones will be calculated at 7 du /ac . With lot consolidation, the density bonus will be calculated at 14 du /ac. Maximum Density Bonus Incentive Zoning Designation Without Lot Consolidation With Lot Consolidation RPD 7 -14 7 du /ac 14 du /ac RPD 20-30 20 du /ac 30 du /ac Everett Street Terraces Project Resolution No. PC-2022-674 Page 75 EXHIBIT E EXHIBIT F Initial Study / Mitigated Negative Declaration and Mitigation Monitoring Reporting Program State Clearinghouse No. 2022050391 Included in Planning Commission Staff Report dated July 26, 2022, as Attachment 3 (Draft Resolution No. PC-2022-674, Exhibit F) and incorporated herein by reference Everett Street Terraces Project Resolution No. PC-2022-674 Page 76