HomeMy WebLinkAboutORD 502 2022 0706 ORDINANCE NO. 502
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE 2019-01 AND DEVELOPMENT
AGREEMENT NO. 2019-01 FOR THE PROPOSED TRACT, MASTER
PLANNING AND DEVELOPMENT OF 755 RESIDENTIAL UNITS,
APPROXIMATELY 29 ACRES OF OPEN SPACE, A 7-ACRE PUBLIC
PARK AND 7-ACRE PASSIVE PARK, AS WELL AS ROADWAYS,
STORMWATER AND DETENTION FACILITIES, AND ASSOCIATED
IMPROVEMENTS ON 277 ACRES OF PROPERTY GENERALLY
LOCATED NORTH OF POINDEXTER AVENUE, WEST OF CASEY
ROAD, AND EXTENDING APPROXIMATELY 1 ,700 FEET WEST OF
GABBERT ROAD ON THE APPLICATION OF HARRIET RAPISTA ON
BEHALF OF COMSTOCK HOMES
WHEREAS, on January 17, 2019, the Applicant submitted a formal development
application for the Hitch Ranch Specific Plan, general plan amendment, zone change, a
tentative tract map, and development agreement for the subdivision, master planning and
development of 755 residential units, approximately 29 acres of open space, a 7-acre
public park and 7-acre passive park, as well as roadways, stormwater and detention
facilities, and associated improvements on a 277-acre of property generally located north
of Poindexter Avenue, west of Casey Road, and extending approximately 1,700 feet west
of Gabbed Road and inclusive of Assessor Parcel Numbers 511-0-200-245, 511-0-020-
130, -110, -160, -170, -180, and -195 (the "Project") on the application of Harriet Rapista
on behalf of Comstock Homes (the "Applicant"); and
WHEREAS, on July 10, 2019, the City of Moorpark Community Development
Department published pursuant to California Environmental Quality Act (CEQA) an Initial
Study and Notice of Preparation of an Environmental Impact Report (EIR) related to the
Hitch Ranch Specific Plan to receive input from interested public and private parties on
issues to be addressed in the EIR between July 10, 2019, and August 8, 2019. In
addition, a public scoping meeting was held on July 23, 2019, to provide information on
the Project and receive additional comments on issues to be addressed in the EIR; and
WHEREAS, on July 7, 2020, the City Council and Planning Commission jointly
held a publicly noticed workshop to review the Hitch Ranch Specific Plan and provide
preliminary direction regarding the proposed development; and
WHEREAS, on February 18, 2022, the City of Moorpark Community Development
Department published pursuant to CEQA a Notice of Availability and the Draft EIR for the
Hitch Ranch Specific Plan (State Clearinghouse Number 2019070253) analyzing the
Project's potential impacts on the environment and accepted public comments in
accordance with CEQA Guidelines Section 15105 for a period of 45 days between
February 18, 2022, and April 4, 2022. Additionally, on March 14, 2022, the Planning
Commission held a publicly noticed meeting to review the Draft EIR and receive public
comments; and
Ordinance No. 502
Page 2
WHEREAS, the City prepared written responses to all comments received on the
Draft EIR and those responses to comments are incorporated into the Final EIR. The
Responses to Comments were distributed with the Final EIR to all public agencies that
submitted comments on the Draft EIR at least 10 days prior to certification of the Final
EIR; and
WHEREAS, the Final EIR is comprised of the Draft EIR dated February 2022 and
all appendices thereto, the Comments and Responses to Comments on the Draft EIR,
the clarifications, revisions, and corrections to the Draft EIR, and the Mitigation Monitoring
and Reporting Program, and the May 2022 Final EIR; and
WHEREAS, at a duly noticed public hearing on May 24, 2022, the Planning
Commission considered the Final EIR and proposed Project, including the agenda report
and any supplements thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against the proposal; and adopted
Resolution No. PC-2022-671 recommending that the City Council certify the Final EIR
and approve the Project; and
WHEREAS, at a duly noticed public hearing on June 15, 2022, the City Council
considered the Final EIR and proposed Project, including the agenda report and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal and adopted
Resolution No. 2022-4104 certifying the Final EIR pursuant to the California
Environmental Quality Act including a Mitigation Monitoring and Reporting Program,
CEQA Findings of Fact, and Statement of Overriding Considerations for the Hitch Ranch
Specific Plan and approving Specific Plan No. 2019-01, General Plan Amendment 2020-
01, and Tentative Tract Map for Tract No. 5708 (2019-01) for the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The findings made in this Ordinance are based upon the information
and evidence set forth in the certified Final EIR and upon other substantial evidence that
has been presented at the hearings and in the record of the proceedings. The Final EIR,
agenda reports, technical studies, appendices, plans, specifications, and other
documents and materials that constitute the record of proceedings on which this
Resolution is based are on file for public examination during normal business hours at the
City of Moorpark Community Development Department, 799 Moorpark Avenue,
Moorpark, CA 93021. Each of these documents is incorporated herein by reference.
SECTION 2. The City Council finds that agencies and interested members of the
public have been afforded ample notice and opportunity to comment on the Final EIR and
Project.
Ordinance No. 502
Page 3
SECTION 3. Prior to taking action, the City Council has heard, been presented
with, reviewed and considered the information and data in the record, including oral and
written testimony presented for and during public hearings. The City's independent
environmental consultants, City staff, and the Project Applicant's environmental
consultants reviewed and analyzed the comments received on the Project's
environmental review. No comments or any additional information submitted to the City
have produced any substantial new information requiring additional environmental review
or re-circulation of the EIR pursuant to CEQA because no new significant environmental
impacts were identified, nor was any substantial increase in the severity of any previously
disclosed environmental impacts identified.
SECTION 4. Section 15091 of the CEQA Guidelines requires that the City Council,
before approving the Project, make one or more written finding(s) for each significant
effect identified in the Final EIR accompanied by a brief explanation of the rationale for
each findings. These findings and the associated rationale are incorporated by reference
in Exhibit B of City Council Resolution No. 2022-4104.
SECTION 5. Pursuant to Public Resources Code Section 21081.6, the City
Council has adopted the Mitigation Monitoring and Reporting Program incorporated
herein by reference, and adopts each mitigation measure set forth therein, and impose
each mitigation measure as a condition of the Project's approval via City Council
Resolution No. 2022-4104.
SECTION 6. FINDING OF GENERAL PLAN CONSISTENCY: Upon
recommendation by the Planning Commission, the City Council hereby finds the Project
and all associated actions to be consistent with the General Plan based upon the
information set forth in the staff report(s), accompanying studies, the Project Final EIR
and appendices, and oral and written public testimony, including but not limited to the
General Plan Consistency Analysis provided in Section 3.10 (Land Use and Planning) of
the Draft EIR incorporated by reference.
SECTION 7. ZONE CHANGE FINDINGS: Based upon the information set forth in
the agenda report(s), accompanying studies, the Project Final EIR and appendices, and
oral and written public testimony, the City Council finds that the proposed zone change
depicted in Exhibit A is consistent with the proposed General Plan land use designation
and existing General Plan, including the Housing Element, as outlined in Section 3.10 of
the Draft EIR.
SECTION 8. DEVELOPMENT AGREEMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, the Project Final EIR
and appendices, and oral and written public testimony, the City Council makes the
following findings in accordance with City of Moorpark, Municipal Code Section
15.40.100:
Ordinance No. 502
Page 4
A. The provisions of the development agreement as depicted in Exhibit B 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
through the Project Specific Plan, as appropriate for residential development and
the Development Agreement will strengthen the planning process by providing
vesting development rights, addressing the timing of the development of public and
private improvements, determine development fees and the provision of specific
community benefits, including parks and affordable housing. To that end, the
Development Agreement serves to strengthen the planning process by providing
coordinated development that ensures minimal impacts to the community and
public facilities.
B. The provisions of the Development Agreement as depicted in Exhibit B and the
assurances that said agreement places upon the project are consistent with the
provisions of Chapter 15.40 of the Moorpark Municipal Code because the
Development Agreement contains the elements required by Section 15.40.030
and shall be processed through a duly-noticed public hearing process as required
by law.
SECTION 9. CITY COUNCIL APPROVAL—The CITY COUNCIL DOES HEREBY
RESOLVE AS FOLLOWS:
A. ZONING ORDINANCE AMENDMENT: Based on the findings and conclusions set
forth in the above sections, and based on all the other evidence in the record, the
City Council hereby approves Zone Change No. 2019-01 as depicted in Exhibit A
which amends the Zoning Map to reflect the designations included in Exhibit A;
B. DEVELOPMENT AGREEMENT: Based on the findings and conclusions set forth
in the above sections, and based on all the other evidence in the record, the City
Council hereby approves Development Agreement No. 2019-01 as depicted in
Exhibit B.
SECTION 10. If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions may be declared invalid or unconstitutional.
SECTION 11. This ordinance shall become effective 30 days after its passage and
adoption. A summary of this ordinance shall, within 15 days after passage, be published
in accordance with section 36933 of the Government Code of the State of California with
the names of the City Councilmembers voting for and against it.
Ordinance No. 502
Page 5
SECTION 12. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of the City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 6th of July, 2022.
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ice S. Parvin, Mayor
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Attachments:
EXHIBIT A: Zone Change No. 2019-01 Exhibit
EXHIBIT B: Draft Development Agreement No. 2019-01 with Exhibits
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Ordinance No, 502
Page 7 EXHIBIT B
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
RWC HITCH RANCH, LLC
Ordinance No. 502
Page 8
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 RWC HITCH RANCH, LLC, a Delaware
Limited Liability Company the owners of a legal or equitable interest with respect to certain
real property within the City of Moorpark generally referred to as Residential Planned
Development Permit 2019-01 (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 RWC Hitch Ranch, LLC and CCA Management, LLC each hold a legal or
equitable interest with respect to 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 Hitch Ranch, referred to hereinafter as the "Property". Developer's
interest in the Property is an option holder.
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
June 15, 2022, the City Council adopted Resolution No. 2022-4104,
adopting the Environmental Impact Report("EIR") 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. 2020-01, Zone Change
(ZC) No. 2019-01, Hitch Ranch Specific Plan (2019-01), Tentative Tract
Map (TTM) No. 5708, including all subsequently approved modifications
and permit adjustments and all amendments thereto, including without
limitation the Residential Planned Development (RPD) Permit No. 2020-01,
(collectively "the Project Approvals"; individually "a Project Approval")
provide for the development of the Property with 755 residential units
comprised of a mix of multi-family units (which for purposes of this
Agreement shall mean residential structures consisting of two (2) or more
attached residential dwelling units, both for sale and for rent) and single
Ordinance No. 502
Page 9
family units, with the unit count or range for each type of unit as provided
for in the Hitch Ranch Specific Plan, and the construction of any
improvements in connection therewith ("the Project"). Consistent with the
Project Approvals, the Parties anticipate that during the Term of this
Agreement, Developer may seek from City Subsequent Approvals (as
defined below) that are necessary or desirable to implement the Project
Approvals.
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 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 May 24, 2022, the Planning Commission commenced a duly noticed
public hearing on this Agreement, and at the conclusion of the hearing on
May 24, 2022, recommended approval of this Agreement.
1.9 On June 15, 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. 502 ("the Enabling Ordinance") that approves this
Agreement. Thereafter on July 6, 2022, the City Council gave second
reading to and adopted the Enabling Ordinance.
1.10 Developer has expended and will continue to expend substantial amounts
of time and money planning and preparing for development of the Project.
City has expended and will continue to expend substantial amounts of time
and money processing the Project Approvals. The Parties desire to utilize
this Agreement as a means to ensure that the Developer's interests and the
City's interests with respect to the development of Hitch Ranch are
appropriately protected and balanced.
2
Ordinance No. 502
Page 10
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" or the
"Project Site".
3. Binding Effect; City Right to Terminate. If Developer or its Affiliate (as provided in
Section 3.3 below) does not acquire title to the Property (and provide reasonable
evidence thereof to City, like a copy of its owner's title policy, or the Deed
conveying the Property) by the end of the fifth (5th) anniversary of the Operative
Date of this Agreement then the City Manager may, in his or her sole and absolute
discretion, terminate this Agreement (and any and all rights theretofore accrued
under this Agreement) by written notice to Developer, further provided, however,
that this Agreement shall not be effective with respect to or binding upon owners
of any interest in the Property other than Developer until and unless Developer or
its permitted assignees have acquired a fee interest in the Property. Subject to the
foregoing, 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. Subject to the foregoing, 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 to the extent the provisions of this Agreement
apply to the portion of the Property conveyed as of the effective date of the
conveyance or such provisions are of general applicability, whether or not
any reference to the Agreement is contained in the instrument by which
such person acquired such right, title or interest, subject to Subsection 3.2
below.
3.2 Release Upon Subsequent Transfer of Title by Developer. Upon the
conveyance of Developer's interest in the Property or any portion thereof by
Developer or its successor(s) in interest, and except as otherwise provided
in this Section, 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
becomes an "Assignee" of this Agreement), and a copy of the executed
assignment and assumption agreement is delivered to the City prior to the
conveyance.
3.3 Developer may transfer all or any portion of its interests in the Property,
together with all its right, title and interest in any portion of this Agreement
that effects the transferred Property or portion of the Property, to any
transferee provided that if such transfer occurs prior to such time as the
public improvements in connection with the Property or portion of the
Property have been completed by the Developer, then such transfer shall
3
Ordinance No. 502
Page 11
be subject to City approval of the transfer, which approval shall be in
compliance with the provisions set forth below. City shall not unreasonably
withhold or unreasonably delay or condition consent to any such transfer
provided that as of the effective date of transfer: (1) the transferee has
specifically assumed in writing the obligations, or a portion of the obligations
of Developer that affect the transferred portion of the Property, to design,
construct, install and finally complete the public improvements affecting the
subject portion of the Project/Property, which assignment and assumption
agreement shall be reasonably approved by the City Manager to the extent
provided in and consistent with this Section; (2) the transferee has the
experience and financial capacity to complete the public improvements
subject to such assignment and assumption; (3) the transferee has
obtained replacement bonds, accepted by City for the public improvements
(in which event, City shall release Developer's corresponding public
improvement bonds); and (4) Developer retains and does not transfer its
obligation to provide an irrevocable offer of dedication for, and then design
and construct North Hills Parkway, Casey Road, Gabbert Road, and High
Street for the scope of improvements as conceptually shown in Exhibit B
the Regional Roadways Exhibit (the "Regional Roadways") unless
Developer transfers its entire interest in the Property and successor to
Developer assumes all such obligations. In the event of any transfer
pursuant to this Section : (i) Developer shall notify City within twenty
(20) calendar days prior to the transfer of the name of the Transferee,
together with the corresponding entitlements being transferred to the
transferee and (ii) the agreement between Developer and the transferee
pertaining to the transfer shall provide that the transferee shall be liable for
the performance of those obligations of Developer under this Agreement
that relate to the transferred Property, if any, in which case the Developer
shall be released by City from such assumed obligations (which release
shall be included in the assignment and assumption agreement as provided
immediately above) or shall confirm that Developer and all transferees shall
remain jointly liable for the design and construction of the public
improvements pursuant to this Agreement. Any, each and all successors
and assigns of Developer shall have all of the same rights, benefits, duties
and obligations of Developer under this Agreement to the extent of such
assignment and assumption. Notwithstanding the foregoing or anything to
the contrary contained in this Agreement, unless Developer transfers its
entire interest in the Property and successor to Developer assumes all such
obligations, Developer shall not transfer its obligation to provide an
irrevocable offer of dedication for, and then design and construct North Hills
Parkway, Casey Road, Gabbed Road, and High Street as provided in the
scope of improvements as conceptually shown in Exhibit B the Regional
Roadways Exhibit (the "Regional Roadways"). Notwithstanding the
foregoing or anything to the contrary contained in this Agreement,
Developer shall not be required to submit the evidence and documentation
called for above or to obtain the prior consent of the City, if such sale,
4
Ordinance No. 502
Page 12
transfer or assignment is to an Affiliate of Developer. For purposes of this
Section, "Affiliate" shall mean an entity that controls, is controlled by, or is
under common control of Developer.
3.4 Except as provided in Section 3.3, a default by any Assignee shall only
affect that portion of the Property/Project owned by such Assignee and shall
not cancel or diminish in any way Developer's rights or obligations
hereunder with respect to the assigned portion of the Property/Project not
owned by such Assignee. The Assignee shall be responsible for the
reporting and annual review requirements relating to the portion of the
Property/Project owned by such Assignee. Any amendment to this
Agreement between City and Assignee shall only affect the portion of the
Property/Project owned by such Assignee which has been designated in an
assignment of assumption agreement to be the party responsible for
coordinating the reporting and annual review requirements of this
Agreement. 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(s). For
purposes of this Agreement, "Completed Unit" means a completed
residential unit within the Property for which the City has issued a final
inspection or certificate of occupancy. Subject to the foregoing limitation
with respect to Completed Units, all of the provisions of this Agreement shall
be enforceable during the Term as equitable servitudes and constitute
covenants running with the land pursuant to applicable law, including, but
not limited to Civil Code Section 1468.
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,
Subsequent Approvals, Applicable City Law (as defined below), 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, Subsequent Approvals, Applicable City Law and this
Agreement.
4.3 Exemption from Hillside Management Standards. The Parties agree that
the Project shall be exempt from the Hillside Management Chapter of the
Moorpark Municipal Code pursuant to subsection (m) of Section 17.38.030
of the Moorpark Municipal Code.
5
Ordinance No. 502
Page 13
4.4 Building Standards. All construction on the Property shall adhere to uniform
construction codes generally-applicable City-wide 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
on a citywide basis (collectively "the Building Codes").
4.5 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, Subsequent Approvals and this Agreement.
4.6 Applicable City Law. For purposes of this Agreement, "Applicable City
Law(s)" shall mean City laws in force and effect and generally-applicable
City-wide on the Operative Date, governing density, the design,
improvements, fees, and construction standards and specifications
applicable to the Project, including without limitation the applicable
provisions of the Moorpark General Plan, the Moorpark Municipal Code and
other City ordinances, resolutions, rules, regulations, policies, standards
and requirements, governing permitted uses of the Project Site, and any
new City laws that are not in conflict with any of the foregoing.
4.7 General Limitation on the Application of Changes to City Laws to the
Project. As provided in Moorpark Municipal Code Sec. 15.40.130.B, the
City may apply any amendments, changes, updates to Applicable City Law
or new City law (collectively "new City law") to the Project that is not in
conflict with this Agreement, the Project Approvals, Subsequent Approvals,
and the Applicable City Law it describes, provided that the City shall not
apply any new City law to the Project that has the effect of or is intended to:
(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, square footage, floor area ratio, height of
buildings, or other improvements from what is allowed by this
Agreement or 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, or take any action or refrain from taking any action
that results in Developer having to substantially delay construction of
the Project or require the acquisition of additional permits or
approvals by the City other than those required by this Agreement,
the Project Approvals, Subsequent Approvals, or the Applicable City
Law, provided that all infrastructure required by the Project
Approvals to serve the portion of the Property covered by the Project
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Ordinance No. 502
Page 14
Approval or 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) Limit or control the availability of public utilities, services, or facilities
otherwise allowed by the Project Approvals, Subsequent Approvals,
this Agreement or Applicable City Law;
(f) Institute or apply rent or income restrictions other than as specifically
provided in this Agreement;
(g) modify the land use from what is permitted by the City's General Plan
Land Use Element at the Operative Date of this Agreement or
prohibit or restrict the establishment or expansion of urban services
including but not limited to community sewer systems to the Project.
Any new City law that meets the foregoing requirements shall be Applicable
City Law. Pursuant to this Agreement, the Applicable City Law will be an
expanding body of law, such as, for example, when Subsequent Approvals
are granted by City, and/or when Developer becomes subject to a new City
law, but only to the extent and as provided in this Agreement.
4.8 Reservation of City Authority. Notwithstanding anything in this Agreement
to the contrary, the following new City laws shall apply to the Property and
the Project:
(a) Processing fees and charges of every kind and nature usually and
uniformly imposed by the City on applicants and projects of similar
nature to the Project and imposed by the City generally to cover the
estimated actual costs to City of processing applications for
Subsequent Approvals.
(b) Procedural regulations consistent with this Agreement relating to
hearing bodies, petitions, applications, notices, findings, records,
hearings, reports, recommendations, appeals and any other matters
of procedure, to the extent not in conflict with this Agreement or the
Project Approvals.
(c) Changes adopted by the City Council in the California Building Code,
California Residential Building Code, California Fire Code, California
Plumbing Code, California Mechanical Code, or California Electrical
Code, California Green Building Standards Code, California
International Property Maintenance Code, California Energy Code,
California Historical Building Code, California Existing Building Code,
Uniform Housing Code, California Administrative Code and Uniform
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Ordinance No. 502
Page 15
Code for the Abatement of Dangerous Buildings and similar uniform
codes as required by and in accordance with State law.
(d) Rules, regulations and official policies governing permitted uses of
the land, density, and design, improvement, and construction
standards and specifications existing after the Effective Date that are
not in conflict with the Development Approvals and this Agreement.
(e) Rules, regulations and official policies governing permitted uses of
the land, density, and design, improvement, and construction
standards and specifications existing after the Effective Date that are
in conflict with the Development Approvals, provided Developer has
given written consent to the application of the rules, regulations and
policies to the Development.
(f) Federal, state, county and multi-jurisdictional laws and regulations
that City is required to enforce as against the Property or the
Development, whether or not the laws and regulations are in conflict
with the Project Approvals.
4.9 Modification or Suspension by Federal, State, County, or Multi-
Jurisdictional Law. In the event that federal, or state laws or regulations,
enacted after the Effective Date, prevent or preclude compliance with one
or more of the provisions of this Agreement, the provisions of this
Agreement shall be modified or suspended as may be necessary to comply
with the federal or state laws or regulations, and this Agreement shall
remain in full force and effect to the extent it is not inconsistent with the laws
or regulations and to the extent the laws or regulations do not render the
remaining provisions impractical to enforce.
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, the
Subsequent Approvals (as and when issued), the Applicable City Law and
new City law (to the extent applicable to the Property as otherwise provided
in this Agreement), this Agreement and amendments to this Agreement that
may, from time to time, be approved pursuant to this Agreement. The
Parties intend that this Agreement, together with the Project Approvals,
shall serve as the controlling document for all subsequent actions,
discretionary and ministerial, relating to the development and occupancy of
the Property, including, without limitation, all Subsequent Approvals (as
defined below). Developer shall have the right, without obligation, to
develop the Property in such order and at such rate and times as Developer
deems appropriate within the exercise of its subjective business judgment.
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No future amendment of any existing City ordinance or resolution, or future
adoption of any ordinance, resolution or other action, that purports to limit
the rate or timing of development over time or alter the sequencing of
development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the Property
provided the Property is developed in accordance with the Project
Approvals, Subsequent 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; Subsequent Approvals. No amendment
of any of the Project Approvals or Subsequent 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 to the Project Approvals,
Subsequent Approvals, as applicable.
5.3 Issuance of Subsequent Approvals; New City Law. 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, building permits, and
amendments to the Project Approvals or any amendments to Subsequent
Approvals previously granted (collectively "the Subsequent Approvals";
individually "a Subsequent Approval") shall be consistent with, and be
governed by this Agreement, Project Approvals and the Applicable City
Laws.
5.4 Except as otherwise permitted by Section 4.7 and 4.8, so long as the
applications for the Subsequent Approvals substantially comply with this
Agreement and Applicable City Law and are substantially consistent with
the Project Approvals, as reasonably determined by City, City shall process
and grant the applications for Subsequent Approvals, provided the
approving body is able to make any required findings and determinations
required by Applicable City Law in connection with those applications. Upon
submission by Developer of any application for a Subsequent Approval, City
shall commence and complete all steps necessary to review and process
the requested Subsequent Approvals in good faith. City will review
submittals for Subsequent Approvals for consistency with any prior Project
d Approvals and use good faith efforts to provide comments and make
recommendations to Developer in compliance with the applicable
requirements of the Permit Streamlining Act, Moorpark Municipal Code
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requirements and procedures and any other timelines imposed by law,
provided, however, that such commitment is contingent upon the City not
encountering delays in the review of those applications by third-parties such
as other public entities and public and private utilities.
In reviewing and acting upon any application for a Subsequent Approval,
except as otherwise set forth in this Agreement, City shall not impose any
conditions that preclude the development of the Project for the uses or the
density and intensity of use set forth in this Agreement and the Project
Approvals. In reviewing and approving applications for Subsequent
Approvals, City may exercise its discretionary review and may attach such
conditions and requirements as may be deemed necessary or appropriate
to carry out the policies, goals, standards, and objectives of the City's
General Plan, applicable Specific Plan, and to comply with legal
requirements and policies of City and applicable CEQA requirements
pertaining to such Subsequent Approvals, so long as such conditions and
requirements do not preclude the uses or the density and intensity of use
set forth in the Project Approvals and this Agreement.
Any City denial of an application under this section shall include a statement
of the reasons for such denial. Developer may appeal a denial as provided
by Applicable City Law.
Any Subsequent Approval or amendment to a Subsequent Approval shall
be, upon approval or issuance, and after all appeal periods have expired or,
if an appeal is filed, if the appeal is decided in favor of the approval,
automatically vested and incorporated into this Agreement.
5.5 Modification of Approvals. Throughout the Term of this Agreement,
Developer shall have the right, at its election and without risk to or waiver
of any right that is vested in it pursuant to this section, to apply to City for
modifications to Project Approvals and Subsequent Approvals. The
approval or conditional approval of any such modification shall not require
an amendment to this Agreement, provided that, in addition to any other
findings that may be required in order to approve or conditionally approve
the modification, a finding is made that the modification is consistent with
this Agreement and does not alter the permitted uses, density, intensity,
maximum height, size of buildings or reservations and dedications as
contained in the Project Approvals except for Minor Modifications as
provided. Any City denial of Developer's request to modify the Project
Approvals shall be made in writing. Any City denial of a Subsequent
Approval shall include a written statement of decision, which will include
findings supporting that denial. Developer may appeal a denial as provided
by Applicable City Law.
5.6 Minor Modifications. The Parties acknowledge that refinement and further
implementation of the Project may demonstrate that certain minor changes
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beyond those provided for in the Project Approvals may be appropriate with
respect to the details and performance of the Parties under this Agreement.
The Parties desire to retain a certain degree of flexibility with respect to the
details of the Project and with respect to those items covered in the general
terms of this Agreement. If and when the Parties find that clarifications,
minor changes, or minor adjustments beyond those provided for in the
Project Approvals are necessary or appropriate, they shall effectuate such
clarifications, minor changes, or minor adjustments through a written "Minor
Modification" approved in writing by Developer and the City Manager or his
or her designee, without amending this Agreement, provided that the City
Manager (or designee) finds the Minor Modifications: (i) do not result in a
change to the permitted uses of the Property, the reservation or dedication
of land for public purposes, or the improvement and construction standards
for the Project; (ii) do not result in a material change in maximum residential
density, maximum intensity of use or the maximum height and size of
buildings; (iii) are substantially consistent with the Project Approvals and
Subsequent Approvals, if any; and (iv) are substantially consistent with the
provisions, purposes, and goals of this Agreement. A "material change"
means (i) any increase in the number of residential units, (ii) reserved; or
(iii) a change in a development standard by fifteen percent (15%) or more.
For example, for a height limit of 20 feet, a change of three feet or less is
deemed non-material. Unless otherwise required by law, no such Minor
Modification shall require prior notice or hearing, nor shall it constitute an
amendment to this Agreement. Any change that would otherwise fall
outside the scope of a Minor Modification under this subsection but which
the Developer demonstrates to the satisfaction of the City Manager (or
designee), in his or her sole and absolute discretion, is necessary to allow
for an increase in the number of affordable housing units in a building, may
be approved by the City Manager (or designee) as a "Minor Modification."
The City Manager's (or designee's) determination may be appealed to the
Planning Commission which may review such determination in its sole and
absolute discretion.
5.7 Development Timing. Developer shall be obligated to comply with the terms
and conditions of the Project Approvals, Subsequent Approvals, and this
Agreement at those times specified in either the Project Approvals,
Subsequent Approvals, or this Agreement. The Parties acknowledge that
Developer cannot at this time predict with certainty when or the rate at which
phases of the Project Site would be developed. Such decisions depend
upon numerous factors that are not all within the control of Developer, such
as market orientation and demand, interest rates, competition, and other
factors. Because the California Supreme Court held, in Pardee
Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure
of the parties therein to provide for the timing of development resulted in a
later adopted initiative restricting the timing of development controlling the
parties' agreement, it is the intent of the Parties to hereby acknowledge and
provide for the right of Developer to develop the Project in such order and
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at such rate and times as Developer deems appropriate within the exercise
of its sole and subjective business judgment, subject to the terms,
requirements and conditions of the Project Approvals, Subsequent
Approvals, and this Agreement, provided that any such discretion is not
intended to obviate or otherwise delay the completion of infrastructure
required to serve each phase as it is constructed or to delay completion of
major public improvements when required by the Project Approvals. City
acknowledges that such a right is consistent with the intent, purpose, and
understanding of the Parties to this Agreement, and that without such a right
Developer's development of the Project would be subject to the
uncertainties sought to be avoided by the Development Agreement Statute,
Development Agreement Ordinance, and this Agreement. Developer will
use its best efforts, in accordance with Developer's subjective business
judgment and taking into consideration market conditions and other
economic factors influencing Developer's subjective business decision, to
commence or to continue development, and to develop the Project in a
regular, progressive, and timely manner in accordance with the provisions
and conditions of this Agreement and with the Project Approvals.
5.8 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 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 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.
5.9 Moratorium on Development. To the extent consistent with state law (and
excepting a declaration of a local emergency or state emergency as defined
in Government Code section 65858 or 8558), if any ordinance, resolution,
or other measure is enacted subsequent to the Operative Date. whether by
action of City, by initiative, referendum, or otherwise, that imposes a building
moratorium, a limit on the rate of development, or a voter-approval
requirement that would otherwise create an additional procedural
requirement or affect the timely development of the Project on all or any part
of the Project Site, City agrees that such ordinance, resolution, or other
measure shall not apply to the Project, the Project Site, this Agreement, the
Project Approvals, or the Subsequent Approvals, if any, during the Term.
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5.10 Life of Project Approvals or Subsequent Approvals. The term of any
Tentative Map for the Project shall be automatically extended for the Term
of this Agreement. The term of any other Project Approval or Subsequent
Approval (other than a Tentative Map) shall automatically be extended so
that the term of that Project Approval or Subsequent Approval has a total
duration of five (5) years (inclusive of the time granted as part of the
underlying Approval.) The term of any Project Approval or Subsequent
Approval shall not include any period of time during which any applicable
development or utility moratorium, lawsuit, referendum, or action by any
other public agency that regulates or affects land use delays development
of the Project Site ("Enforced Delay"). In the event of any such Enforced
Delay, the term of Project Approval or Subsequent Approval shall be
extended for as many days as the Enforced Delay occurs, as reasonably
determined by the City Manager, but not to exceed five (5) years unless
otherwise required and provided by state law.
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 EIR and any subsequent or supplemental
environmental actions (v) standards outlined in the Hitch Ranch Specific
Plan. Developer agrees not to apply for any non-residential uses on the
Property. The Recreation Centers/clubhouses and private recreational
facilities within any gated communities shall be 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, including without limitation North Hills Parkway, High
Street, Casey Road, Gabbert Road, Meridian Hills Parkway, A Street, Park
A, and Park B, 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 the
City Engineer or the City Manager.
6.3 Traffic Mitigation Requirements. In full satisfaction of all traffic mitigation
requirements and obligations imposed with respect to the Project and as
conditions to the Project Approvals, Developer shall construct or cause the
construction of the extension of North Hills Parkway, Casey Road, Gabbert
Road, and High Street, in the locations as provided, and to the scope as
conceptually shown in Exhibit B (the "Regional Roadways Exhibit"). Within
twelve (12) months after the date of issuance of the first grading permit
issued with respect to the Project, Developer agrees to provide City an
irrevocable offer of dedication to dedicate right-of-way at no cost to City for
the future North Hills Parkway throughout the entirety of the Property. As
further clarification of the Regional Roadways Exhibit, the right-of-way
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Ordinance No. 502
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required for North Hills Parkway shall be a minimum of two hundred
(200) feet in width and shall also include necessary on-site and off-site
slope easements. Developer further agrees to dedicate access rights from
the Property to the City along the entire North Hills Parkway frontage,
except for private streets as part of the Tract Map for this Project. At the
time set forth in the conditions of approval applicable to the Project as
provided in the Project Approvals, Developer shall design and construct the
public street improvements for (a) North Hills Parkway to a total width of a
maximum of four lanes (two in each direction)throughout the entirety of the
Property, (b) Gabbert Road from North Hills Parkway to High Street to a
total width of a maximum of four lanes (two in each direction), and (c)
Gabbert Road North of North Hills Parkway to a maximum width of two lanes
(one in each direction) to the northerly boundary of the Property. The
required roadway improvements to be included in Developer's traffic
improvements as provided in this section shall include curb and gutter,
sidewalks, streetlights, parkway and median landscaping, street paving,
and utilities to the extent required by the applicable improvement plans
(provided that final lift of street paving may be delayed until final completion
of adjacent improvements). The portions of North Hills Parkway at its
intersection with Gabbert Road and the Gabbert Road improvements shall
be subject to a cost-sharing agreement with the Burns-Pacific Construction
property (Final Map No. 5906), and the Rasmussen property (RPD No.
2016-02).
6.4 Development Fee Per Unit. As a condition of the final inspection for each
residential dwelling unit within the Property, Developer shall pay City a one-
time development fee as described herein (the "Development Fee"). The
Development Fee may be expended by City in its sole and unfettered
discretion. The amount of the Development Fee shall be Nine Thousand
Two Hundred Dollars ($9,200.00) per single-family residential unit and
Seven Thousand Eighty-Four Dollars ($7,084.00) per multi-family
residential unit. The Development Fee shall be adjusted annually
commencing January 1, 2024, 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 October over the prior October.
In the event there is a decrease in the referenced Index for any annual
indexing, the current amount of the fee shall remain until such time as the
next subsequent annual indexing which results in an increase.
6.5 Gabbert Road Railroad Crossing Contribution. Developer agrees to
contribute to the cost of the design and construction of Gabbert Road and
the Union Pacific railroad crossing by paying the City five hundred thousand
($500,000.00) no later than before the final inspection of the 200th dwelling
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unit within the project. Said funds shall be deposited into the City's Traffic
Mitigation Fund to be used in conjunction with other funds collected by the
City for the purpose of widening and making other improvements to that
intersection to improve vehicular and pedestrian traffic flow through that
intersection.
6.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees. As a condition
of final inspection for each residential dwelling unit within the boundaries of
the Property, Developer shall pay City a one-time Los Angeles Avenue Area
of Contribution fee as described herein ("LAAOC"). The LAAOC Fee shall
be Ten Thousand One Hundred Thirty-Four Dollars ($10,134.00) per single-
family residential unit and Seven Thousand Eight Hundred Three Dollars
($7,803.00) per multi-family residential unit within the Property to be paid
prior to final inspection for each residential dwelling unit in the Project. If
the LAAOC Fee is not paid by January 1, 2024, then commencing on
January 1, 2024, and annually thereafter, the LAAOC 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 Air Quality Fees. Developer agrees that the Mitigation Measures included
in the City Council approved El and MMRP, or subsequent environmental
clearance document approved by the Council, set forth the mitigation
requirements for air quality impacts. Developer agrees to pay to City a one-
time air quality mitigation fee, as described herein ("Air Quality Fee"), in
satisfaction of the Transportation Demand Management Fund mitigation
requirement for the Project. The Air Quality Fee may be expended by City
in its sole discretion for reduction of regional air pollution emissions and to
mitigate residual Project air quality impacts.
The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars
($1,709.00) per single-family residential unit and One Thousand Three
Hundred Sixteen Dollars ($1,316.00) per multi-family residential unit within
4 the Property to be paid prior to final inspection for each residential dwelling
unit in the Project. If the Air Quality Fee is not paid by January 1, 2024,
then commencing on January 1, 2024, 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
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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.
6.8 Arroyo Vista Park Improvements / Park Fees.
The City intends to improve the 14-acre Edison property at Arroyo Vista
Community Park for active recreational uses by the City. Improvements
may include at a minimum: three soccer fields, turf, irrigation and associated
vehicular parking spaces, the area to be improved is shown in Exhibit C,
attached (the "Arroyo Vista Park Project"). In partial satisfaction of the park
fees owing with respect to the Project, Developer will pay to the City the
amount of Two Million Dollars ($2,000,000.00) (the "Arroyo Vista Payment
Obligation") in full satisfaction of the Arroyo Vista Payment Obligation, prior
to final inspection for the 200th residential unit of the Project. Developer
shall satisfy the Arroyo Vista Payment Obligation by paying to the City the
sum of Two Million Dollars ($2,000,000.00).
Prior to final inspection 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
Two Thousand Eight Hundred Dollars ($2,800.00) for each residential
dwelling unit within the Property. If the Park Fee (but not the Arroyo Vista
Payment Obligation) is not paid by January 1, 2024, the Park Fee (but not
the Arroyo Vista Payment Obligation) shall be adjusted annually
commencing January 1, 2024, as follows:
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. In the
event there is a decrease in the CPI 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 to fully construct the 7.23 acre Park A (Passive Park) and
6.77 acre Park B (Active Park) in the locations as shown in Exhibit D at its
sole cost, consistent with the standards of other similar parks located in the
City. Design of Park B is subject to the recommendation of the Parks
Commission and approval of the City Council. Developer shall commence
construction of Park B prior to the 400th building permit for a market rate
Unit being issued, and Developer shall complete construction of Park B prior
to the 600th building permit for a market rate Unit being issued.
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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. ("Quimby Act") for the Property.
6.9 Community Services Fee. As a condition of final inspection for each
residential dwelling unit within the boundaries of the Project, Developer shall
pay City a one-time community services fee as described herein
(Community Services Fee). The Community Services Fees may be
expended by City in its sole and unfettered discretion. The amount of the
Community Services Fees shall be Two Thousand Seven Hundred Dollars
($2,700.00) per single-family residential unit and Two Thousand Seventy-
Nine Dollars ($2,079.00) per multi-family residential unit within the Property
to be paid prior final inspection for each residential dwelling unit in the
Project. Commencing on January 1 , 2024, 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.
6.10 Art in Public Places Fee. Developer agrees to pay the Art in Public Places
Fee ("Art Fee") at the time of final inspection for each building prior to final
inspection for that residential building within the Project consistent with City
Resolution No. 2005-2408 (in the amount of one percent (1.0%) of total
building valuations excluding land value and off-site improvement costs).
Alternatively, Developer, in its sole discretion, may work with local artists
and foundations to create art installations or forums within the linear park
area within the Project and adjacent to High Street (the "Alternative Art
Obligation"). If the Developer elects to satisfy this requirement pursuant to
the Alternative Art Obligation, then as of the date one year after the
issuance of the final building permit for the last unit of the Project, the
Developer shall submit a reasonable accounting of the costs incurred by
Developer in satisfaction of the Alternative Art Obligation for approval by the
City Manager or City Development Director. If the final Alternative Art
Obligation cost is less than the Art Fee for the Project, the Developer shall
pay the difference. This Section does not obligate the City to reimburse the
Developer for any amount by which the Alternative Art Obligation costs
exceed the amount of the Art Fee.
6.11 Other Development and Processing Fees. Notwithstanding anything to the
contrary in this Agreement, the Project and Project site shall only be subject
to those development impact fees as set forth in this Section 6, in the
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amounts as provided herein, including any CPI adjustment as provided
herein ("Impact Fees"). The City shall not impose any new categories of
Impact Fees on the development of the Project or the Project Site (including
required contributions of land, public amenities, or services) from and after
the Operative Date. Any substitute Impact Fees that replace any Impact
Fees listed in Section 6 of this Agreement (but do not expand the purpose
or scope of, or increase the amounts or costs beyond, those as provided
herein) shall apply to the Project, and shall not be considered new
categories of Impact Fee as set forth above. If the City reduces the amount
of any Impact Fees shown in this Section 6 the Project will be subject to the
lesser amount. In addition to fees specifically mentioned in this Agreement,
Developer agrees to pay for the costs to City of processing any and all
Developer-requested land use approvals, including without limitation,
entitlement processing fees, whether such processing fees or the amount
of those processing fees were in effect prior to the Operative Date, and plan
check and permit fees for buildings and public improvements at the rate and
amounts then generally in effect so long as such fees are imposed on
projects similar to the Project or on property similar to the Property.
6.12 Processing Fees. On or before the Operative Date, Developer shall pay all
outstanding City processing costs related to preparation of this Agreement,
the Project Approvals and the EIR.
6.13 Financing District(s).
(a) It is the mutual intent of the Parties that the development of the
Project will not have any fiscal impact on or require any contribution
from the General Fund of the City. Project funding for costs of the
development of the Project may include a mix of different
approaches, including without limitation, Developer construction of
and/or financing of such services, facilities, operations and
maintenance through the payment of Impact Fees or other fees,
taxes, levies, assessments, formation of and payment by a
homeowner's association, or other financing mechanisms as
determined by Developer in its reasonable discretion, pursuant and
subject to this Agreement, the Project Approvals, Subsequent
Approvals and all Applicable City Law, taking into account and
guided by the pre-existing rights of others in the existing and future
public services and facilities (including their operations and
maintenance) that Developer may seek to use. To facilitate such
intent, as necessary, the Developer may request the City to form one
or more assessment or financing districts ("District(s)"), pursuant to
Chapter 2.5 of Part 1 of Division 2 of the California Government Code
(Government Code Sections 53311 et seq.) (the "CFD Act"), the
Streets and Highways Code, Division 10 and 12, the Landscape and
Lighting Act of 1972, or other similar law for the purposes of funding
services required to be provided or funded under this Agreement, as
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Developer agrees to implement and the City determines are lawfully
and appropriately funded by the District. To the extent other property
owners outside the Property are interested or benefit and are made
part of such District, such other properties may be encompassed in
such District in accordance with applicable law.
(b) A District or other funding mechanism to the satisfaction of the City
Council and acceptable to Developer, shall be established to provide
funding for roadway, park, and landscape maintenance in the area
as shown in Exhibit D as "Roadway, Park, and Landscape
Maintenance Area". It is the intent of this Exhibit that the
Homeowners' Association for the Project shall be responsible for the
maintenance of those areas and facilities that exclusively benefit
residents of the Project, which shall exclude costs related to
maintaining public dedicated roadways, parks, and landscape
improvements in public areas within the project.
(c) In connection with the formation of a District, Developer shall: (i) file
with the City a petition for the formation of the District, (ii) provide any
deposit required by the applicable act, (iii) not oppose formation of
the District and (iv) vote in favor of the special tax or assessment, as
appropriate, to fund the District.
(d) Developer acknowledges and agrees that the City will not accept any
improvements or facilities to be maintained by the District nor shall
the Developer receive any payments from the District 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.
(e) The City and Developer agree that the assessments or special taxes
for any District formed will be collected from parcels in the District as
provided in the rate and method of apportionment (RMA) prepared
for that District.
(f) Upon written request of City, Developer will advance amounts
necessary to pay all costs and expenses of City to evaluate and
structure any District or other financing mechanism, to the end that
City will not be obligated to pay any costs related to the formation or
implementation of any District or other financing mechanism. City
staff shall meet with the Developer to establish a preliminary budget
for such costs, and will confer with Developer from time to time as to
any necessary modifications to that budget. Any District may provide
for the reimbursement to Developer of any advances by Developer
for any costs incurred as provided immediately above, and any other
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Page 27
costs incurred by Developer that are related to the District, such as
the costs of legal counsel, special tax consultants, engineers, etc.
6.14 Densities Allowed for Development and Affordable Housing.
(a) Developer shall construct or cause to be constructed in the Project
not less than fifteen percent (15%) of the total number of housing
units (excluding the Affordable Housing Units required by this
section, as defined immediately below) as multi-family apartment
housing units, which shall be available for occupancy at an
Affordable Rent by Eligible Households (as such terms are defined
below) to very low and low income households (the "Affordable
Housing Units").
(b) Developer explicitly acknowledges that its agreement to construct
the Affordable Housing Units is given 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 Affordable 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 6.14 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 Agreement ("Affordable
Housing Agreement") that sets forth the Developer's and City's
obligations and provides procedures and requirements to ensure that
all of the required Affordable Housing Units are provided consistent
with this Agreement and applicable State laws and remains
affordable for the longest feasible time. The Affordable Housing
Agreement shall include but not be limited to the following items:
renter eligibility, affordability and restrictions. The City may, but is
not required to consider including in the Affordable Housing
Agreement the City's agreement to defer the payment of all Impact
Fees imposed with respect to the Affordable Housing Units in
compliance with and subject to the requirements of Cal. Labor Code
Sec. 1720(c)(5)(E) and other applicable law as part of an application
by Developer that seeks to obtain funding subject to requirements
established by the California Tax Credit Allocation Committee
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("CTCAC"). The Agreement shall also include provisions regarding
the respective role of City and Developer, the responsibility of
providing the Affordable Housing Units by each successor developer
in the event of successors and/or assigns to this Agreement, quality
of and responsibility for selection of amenities and applicability of
home warranties to meet all or a portion of its obligation and any
other items determined necessary by the City. Developer shall pay
the City's direct costs for preparation and review of the Affordable
Housing Agreement up to a maximum of ten-thousand Dollars
($10,000.00). The Affordable Housing Agreement and the terms of
this Agreement shall be subject to modification and subordination to
the extent required for the Affordable Housing Units by lenders
providing construction and permanent financing for the Affordable
Housing Units to meet the funding requirements established by
CTCAC, if the Developer seeks funding for the Affordable Housing
Units from CTCAC and related Housing Tax Credit Programs that
provide tax credits for the construction and development of
affordable units.
(e) The Affordable Housing Units required by this Agreement are
consideration for City's entry into this Agreement and therefor none
of the Affordable Housing 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 6.14 shall be made consistent with the
provisions of this Agreement.
(f) The Affordable Housing Agreement shall provide that the Affordable
Housing Units shall be offered for occupancy at an Affordable Rent
by Eligible Households to very low and low income households. For
purposes of this Agreement, "Affordable Rent" is the amount of rent
considered as "affordable rent" for very low and low income
households, adjusted for family size appropriate to the unit, less a
utility allowance, pursuant to California Health and Safety Code
Section 50053(b)(2) and (3) or any successor statute thereto. If the
statute is no longer in effect and no successor statute is enacted, the
City shall establish the Affordable Rent for purposes of this
Agreement. For purposes of this Agreement"adjusted for family size
appropriate to the unit" shall mean a household of two persons in the
case of a one-bedroom unit, three persons in the case of a two-
bedroom unit, four persons in the case of a three-bedroom unit, and
five persons in the case of a four-bedroom unit. For purposes of this
Agreement, "Eligible Households" shall mean households meeting
the income restrictions for low and very low income households
based on Area Median Income as published from time to time by the
California Department of Housing and Community Development.
For purposes of this Agreement, "Area Median Income" shall mean
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the median income for households in the County in which the
Property is located as published from time to time by the United
States Department of Housing and Urban Development ("HUD") in a
manner consistent with the determination of median gross income
under Section 8 of the United States Housing Act of 1937, as
amended, and as defined in Title 25, California Code of Regulations,
Section 6932. In the event that such income determinations are no
longer published by HUD, or are not updated for a period of at least
18 months, the City shall provide the Developer with other income
determinations that are reasonably similar with respect to methods
of calculation to those previously published by HUD. If the Affordable
Housing Units are financed in part through an allocation of federal or
state low income housing tax credits, then for purposes of this
Agreement, the definitions of "Affordable Rent", "Eligible Household"
and "Area Median Income" will be replaced with the affordable rent,
required income levels and related definitions as required in order to
meet the CTCAC minimum affordability requirements as published
annually by CTCAC for not more than 49% of the Affordable Housing
Units.
(g) Developer warrants that the Affordable Housing Units shall be
subject to all Conditions of Approval and shall meet all Building
Codes.
(h) The minimum size per bedroom type and allocation of bedroom types
and amenity level with respect to Affordable Housing Units as
provided in this Section shall be the greater of that shown on
Schedule 6.14(h) attached or the minimum requirements of CTCAC
with respect to size and amenity level for such units as set forth in
the California Code of Regulations, Title 4, Division 17, Chapter 1.
The floor plan and size of the Affordable Housing Units shall be
approved by the Community Development Director and City staff
person responsible for City's Affordable Housing Programs
consistent with the foregoing requirement.
(i) Developer agrees that the construction of the Affordable Housing
Units must proceed on terms consistent with this Agreement and the
Affordable Housing Agreement as specified in the following
schedule:
Market Rate Units Affordable Unit(s)
Building Permit for 400th Building Permit for
Unit Affordable Housing Unit
Buildings
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Building Permit for 600th Certificate of Occupancy for
Unit Affordable Housing Units
Building
6.15 Conveyance of City Site to City. In consideration of this Agreement,
Developer shall convey to City the real property consisting of approximately
23.44 acres more particularly described on Exhibit "E" (the "City Site") in
accordance with the terms and conditions hereinafter set forth.
Upon its conveyance to the City, the City Site may be used for any municipal
purpose or may be conveyed in whole or in part for private development
use. At present, the City intends to develop the City Site in part for
residential use, and in part for use as a passive park and a storm drainage
detention/retention facility. Developer acknowledges that the City is
contemplating a low and very low income housing development with a
minimum density of 20 units to the acre on the City Site.
Developer hereby covenants, represents and warrants that: (i) Developer
shall not further encumber the City Site, and the City Site will be delivered
free of all liens, and free of all other encumbrances unless otherwise agreed
to by the City Manager subject only to Exception B (liens and special
assessments) as prorated as of the date of the transfer of the property, and
Exception No. 1 (water rights, claims or title to water) listed on Schedule B
in that certain preliminary title report dated June 29, 2022 issued by Lawyers
Title Company ("Title Company"), under Order Number 422240389 (the
"PTR") and the REAICC&Rs for the City Site described below and other
easements or encumbrances reasonably required for the development of
the Project ("Permitted Exceptions"); (ii) Developer shall not improve or alter
the City Site except with the City Site Improvements (defined and described
below); (iii) to Developer's actual knowledge without duty of further
investigation, the City Site does not contain any hazardous materials; (iv)
Developer represents that is has disclosed to City in writing all material facts
regarding the City Site actually known to Developer and covenants that if
Developer obtains actual knowledge of any material facts prior to closing,
Developer will inform City in writing of those facts (iv) except as provided
immediately above, the City Site shall be conveyed to City as-is, where is
and without any representations and warranties of any kind. For the
purposes of this Agreement, Developer's actual knowledge or words to
similar effect shall mean the actual knowledge of the Developer's project
manager for the Project, without any duty of investigation.
Developer shall fully cooperate with the Title Company in order to facilitate
the issuance of an owner's title policy to City upon the closing of the
conveyance (for example, Developer shall provide its organizational
documents and evidence of due legal authorization of the conveyance
and/or this DA to Title Company, and shall complete, execute and return to
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Title Company the typical owner's statement/affidavit required by the
Title Company).
Prior to and as a condition of closing, Developer has delivered copies of the
following soils and environmental reports to City which cover/include the
City Site: Geotechnical investigations soil borings and laboratory analysis,
within the areas of the structures to better define the severity of liquefaction,
settlement, and expansiveness conditions. Prior to and as a condition of
closing, Developer shall obtain, at Developer's cost, letters from the
preparers of such reports that permit the City to rely on such reports, and
such letters must be in form and substance reasonably acceptable to the
City Manager.
The closing of the conveyance of the City Site is conditioned upon: (i) the
Title Company irrevocably committing in writing to issue a CLTA owner's
policy of title insurance in an amount equivalent to the Fair Market Value of
the property to be determined by an appraisal by a reputable Appraiser to
be selected by the City in its sole discretion insuring City as owner of the
City Site subject only to the Permitted Exceptions; (ii) Developer and City
agreeing upon (and executing and recording against the City Site and
Project) an REA/CC&R document which reasonably integrates and
coordinates access, landscaping, utilities and the like for both the City Site
(and possible development thereon) and the Project; (iii) Developer's
completion, and City's inspection and approval/acceptance, of the City Site
Improvements (defined below); however, Developer shall not be obligated
to install/construct the City Site Improvements until "Final Approval" has
occurred.
For the purposes of this Agreement, "Final Approval" means when all of the
following have occurred: (i) the City shall have approved the Project
Approval and this Agreement; and (ii) the time periods for filing any appeal
from or legal challenge to the Project Approvals and this Agreement shall
have expired without an appeal or legal challenge (including, without
limitation, any CEQA challenge) having been filed; or, if an appeal or other
legal challenge shall have been filed, all such appeals or legal challenges
shall have been subsequently terminated with the approval of the Project
Approvals and this Agreement upheld, and the time period(s) for filing any
appeal(s) from the upheld decision(s) shall have expired without further
appeals having been filed.
Except for model homes, City shall not be obligated to provide final
inspection approval for vertical construction of residential units to Developer
until the City Site Improvements shall have been substantially completed
and the Developer shall have offered to convey the City Site to the City.
The term "City Site Improvements" means the following:
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(1) Rough graded lot to "blue top" condition in accordance with
the grading plans to be obtained for the City Site, and such
improvements shall be certified by a civil engineer licensed in
good standing in California with respect to elevation with an
elevation tolerance to one-tenth (.1) foot accuracy vertically,
with all utilities to be constructed and stubbed to (but not
within) the boundary of the City Site as provided in the City-
approved Improvement Plans, including sewer service, water
service, electrical service, CATV, telephone, gas and storm
drain connections if applicable. Delivery of lot will include
certifications prepared by the licensed Civil engineer of record
certifying that the lots were rough graded in accordance with
the approved rough grading plans (to the tolerance as
described above) and by the Geotechnical engineer of record
with respect to the relative compaction.
(2) Detention basins included in the City Site shall be designed in
accordance with the Building Codes and shall be consistent
with City's engineering design criteria for storm drain
inlet/outlet piping and Ventura County Watershed detention
basin hydraulic design standards.
(3) The passive park will be delivered per approved landscape
and improvement plans as reviewed and approved by the City
Engineer.
(4) Grading shall incorporate all requirements from a
geotechnical soils report including seismic and potential
liquefaction issues so that no over-excavation of the City Site
will be needed when one or more buildings are constructed
on the City Site for the planned multi-family residential project;
(5) All City Site Improvements shall be in compliance with all City
standards and policies and workmanlike manner to the
satisfaction of the City Engineer and Community
Development Director
(6) Developer will assign to City all warranties, indemnities and
insurance policies obtained by Developer from all contractors
performing construction activities at the City Site on behalf of
Developer. In addition, Developer shall defend, indemnify
and hold City harmless from and against all claims, liabilities,
losses, damages, costs and expenses based upon any
negligent or intentional act or omission of Developer, its
officers, agents, employees, subcontractors and independent
contractors, for property damage, bodily injury, or death, to
the extent relating to or connected with the Property or to the
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Ordinance No. 502
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extent arising from the activities contemplated under this
Development Agreement, save and except claims for
damages arising through the gross negligence or willful
misconduct of City.
The closing of the conveyance of the City Site shall be accomplished by:
(i) the City delivering to the Title Company a Certificate of Acceptance,
executed by the City Manager and acknowledged (for the Developer's grant
deed) together with a Preliminary Change of Ownership Report executed
by the City Manager; and (ii) the Developer delivering to the Title Company
a grant deed for the City Site duly executed and acknowledged. Each party
may deliver recording instructions to the Title Company consistent with this
Agreement in order to effectuate the closing of the conveyance of the City
Site to the City.
Assessments (if any) for the City Site shall be prorated as of the date of
closing. Property taxes shall not be prorated because the City is exempt
from property taxes; Developer shall pay the property taxes for the six-
month property tax billing period in which closing occurs, and City will
cooperate in good faith with Developer in connection with Developer's claim
for a refund of property taxes paid by Developer which are allocable to the
City's period of ownership.
6.16 Notification of Planned Affordable Housing Site. Prior to issuance of the
first building permit for a residential dwelling unit in the Project, Developer
shall post two (2) signs on the City Site to inform the general public and
potential buyers of the Completed Units in the Project that the City Site as
a multi-family residential project for low and very low income households is
planned. The locations, size, material and wording of the signs shall be
approved by the City Attorney and Community Development Director.
Developer shall maintain the signs in good condition until thirty (30) days
after the sale of the last Completed Unit of the Project. The City will become
responsible for the signs thereafter.
6.17 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 EIR and MMRP. The date for Developer's
submittal of Developer's application for an annual review, and/or the
deadline for City's annual review of this Agreement, may be extended by
mutual agreement of the Parties. Failure of City to perform the annual
review shall not affect the validity or enforceability of this Agreement. City
shall deliver to Developer by electronic mail a copy of all staff reports and
documents to be used or relied upon in conducting the annual review and,
to the extent practical, related exhibits concerning Developer's performance
hereunder, at least ten (10) days prior to any such annual review by the City
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Council. Developer shall be permitted during the annual review to respond
orally or by a written statement, or both, to City's evaluation of Developer's
performance. The annual review shall be limited in scope to substantial
compliance with the terms of this Agreement.
6.18 Eminent Domain. If Developer is not successful in acquiring by negotiated
agreement the subject property interests needed for the off-site
improvements, Developer may request in writing that the City acquire said
subject property interests by eminent domain in accordance with
Government Code Section 66462.5. In such case, City and Developer will
enter into an agreement pursuant to Government Code Section 66462.5
that sets forth the obligations of Developer to pay for all acquisition-related
costs, including but not limited to, the just compensation for the subject
property interests, attorneys' fees, appraisal fees, engineering fees, costs
for preliminary title reports and related title documents, City staff costs, and
all out of pocket costs in connection with said acquisitions. The Parties
agree and acknowledge that the City will comply with the Relocation
Assistance Act, Government Code Sections 7260 et seq., and the Eminent
Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their
implementing regulations ("Public Land Acquisition Statutes"), in acquiring
the subject property interests. The Parties recognize that City cannot
exercise its power of eminent domain until the City has satisfied all legally
required preconditions under the Public Land Acquisition Statutes, including
the adoption of a Resolution of Necessity by the City Council in accordance
with applicable law. The City Council has the sole and exclusive discretion
to determine whether to adopt Resolution(s) of Necessity after the required
notices and hearing. If the City Council, in its sole discretion, adopts any
such Resolution(s) of Necessity, the City Council will exercise exclusive
control of the acquisitions and any eminent domain proceedings. This
provision is neither a commitment nor an announcement of an intent by the
City to acquire any or all of the subject property interests needed for the off-
site improvements. If the City fails or refuses to acquire the respective off-
site property interests as provided above, the provisions of Govt. Code Sec.
66462.5(b) shall apply but only with respect to the portion of the property
that is not acquired and not to the entirety of any infrastructure or facility.
6.19 Subdivision Improvement Agreement. 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 Subdivision Improvement Agreement (SIA) to guarantee the
Developer agreements contained in this Agreement and in the conditions of
approval for the VTTM and RPD. The SIA 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.
6.20 Fee Protest Waiver. Developer agrees that any fees and payments
pursuant to this Agreement and for the Project shall be made without
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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 6.4, 6.6, 6.7, 6.8 and 6.9 of this Agreement are not public
improvement fees collected pursuant to Government Code Section 66006
and statutes amendatory or supplementary thereto.
6.21 CPI Indexes. In the event the "CPI" referred to in Subsections 6.4, 6.6, 6.7,
6.8 and 6.9 is discontinued or revised, a successor index with which the
"CPI" is replaced shall be used in order to obtain substantially the same
result as would otherwise have been obtained if the "CPI" Index had not
been discontinued or revised.
6.22 City Ability to Modify. Developer acknowledges the City's ability to modify
the development standards and to change the General Plan designation
and zoning of the Property upon the termination or expiration of this
Agreement (if the Project has not been built), and Developer hereby waives
any rights they might otherwise have to seek judicial review of such City
actions to change the development standards, General Plan designation
and zoning to those development standards and density of permitted
development to that in existence prior to the approval of GPA No. 2020-01
and ZC No. 2019-01.
6.23 Homeowners Association. Prior to recordation of the first final map for the
Property, Developer may 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.
6.24 Public Street Right-of-Ways. Within twelve (12) months after the date of
issuance of the first grading permit issued with respect to the Project,
Developer shall provide City an irrevocable offer of dedication for each of
the public street rights-of-way, at no cost to City, for the future public streets
within the Property, as conceptually shown in Exhibit H (the "Public Street
Right-of-Ways").
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.
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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 6.8 of
this Agreement meets all of Developer's obligations under applicable law
for park land dedication.
7.5 Reimbursements from other Developments. City shall facilitate the
reimbursement to Developer of any costs incurred by Developer that may
be subject to partial reimbursement from other developers as a condition of
approval of a tract map, development permit or development agreement
with one or more other developers and at City's discretion may include
provisions requiring such reimbursement to Developer for the same in such
other development project conditions of approval.
7.6 Early Grading Agreement. The City Manager is authorized to sign an early
grading agreement on behalf of the City to allow Developer to commence
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 TTM and contingent on City Engineer and Director
0 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 the TTM. In the case of failure to comply with the terms and conditions
of the early grading agreement, the City Council may by resolution declare
the surety forfeited.
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was
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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 15.40.150 of City
or any successor thereof then in effect. The failure of City to conduct any such
annual review shall not, in any manner, constitute a breach of this Agreement by
City, diminish, impede, or abrogate the obligations of Developer hereunder or
render this Agreement invalid or void. At the same time as the referenced annual
review, City shall also review Developer's compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of"Excusable Delay", as
hereinafter defined, provided that the Party claiming the delay gives written notice
of the delay to the other Parties as soon as possible after the same has been
ascertained. For purposes hereof, Excusable Delay shall mean delay that directly
affects, and is beyond the reasonable control of, the Party claiming the delay,
including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike,
picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage
to work in progress by reason of fire, flood, earthquake or other casualty;
(g) failure, delay or inability of City or other local government entity to provide
adequate levels of public services, facilities or infrastructure to the Property
including, by way of example only, the lack of water to serve any portion of the
Property due to drought; (h) delay caused by a delay by other third party entities
which are required to approve plans or documents for Developer to construct the
Project, or restrictions imposed or mandated by such other third party entities or
governmental entities other than City, (including but not limited to, Ventura County
Watershed Protection District); (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; (j) government-mandated "shelter
in place", "lockdown", "stay home" or similar orders and/or quarantines required by
governmental authorities having jurisdiction over the Property that restrict the
ability of the City or Developer to perform its respective obligations under this
Agreement.
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
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decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be deemed to have
occurred unless and until there is a final adjudication adverse to
Developer; or
(b) fails to make any payments required under this Agreement within five
(5) business days after City gives written notice to Developer that the
same is due and payable; or
(c) breaches any of the other provisions of this Agreement and fails to
cure the same within thirty (30) days after City gives written notice to
Developer of such breach (or, if the breach is not able to be cured
within such thirty (30) day period, Developer fails to start to cure the
same within thirty (30) days after delivery of written notice by City of
such breach or fails to thereafter diligently prosecute the cure to
completion).
11.2 Default by City. City shall be in breach of this Agreement if it breaches any
of the provisions of this Agreement and fails to cure the breach within thirty
(30) days after Developer gives written notice to City of the breach (or, if the
breach is not able to be cured within such thirty (30) day period, City fails to
start to cure the same within thirty (30) days after delivery of written notice
from Developer of such breach or fails to thereafter diligently prosecute the
cure to completion).
11 .3 Content of Notice of Violation. Every notice of breach shall state with
specificity that it is given pursuant to this section of this Agreement, the
nature of the alleged breach, and the manner in which the breach may be
satisfactorily cured. Every notice shall state the applicable period to cure.
The notices shall be given in accordance with Section 20 hereof.
11.4 Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope of
the Project. The Parties also acknowledge that it would not be feasible of
possible to restore the Property to its natural condition once implementation
of the Agreement has begun. Therefore, the Parties agree that the
remedies for breach of this Agreement shall be limited to the remedies
expressly set forth in this subsection.
The remedies for breach of the Agreement by the City shall be injunctive
relief and/or specific performance. 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 the
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termination or consequential damages incurred that are the result of the
termination.
In addition, and notwithstanding any other provision of this Agreement, if
the breach is to Subsection 6.13, 6.14 or 6.24, City shall have the right to
withhold the issuance of building permits from the date that the notice of
violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against 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,
including without limitation Section 3.3 above, shall not prevent or limit
Developer, in any manner, at Developer's sole discretion, from
encumbering the Property or any portion thereof or any improvements
thereon then owned by such person with any mortgage, deed of trust or
other security device ("Mortgage") securing financing with respect to the
Property or such portion. Any mortgagee or trust deed beneficiary of the
Property or any portion thereof or any improvements thereon and its
successors and assigns ("Mortgagee") shall be entitled to the following
rights and privileges.
12.2 Lender Requested Modification/Interpretation. City acknowledges that the
lenders providing financing to Developer for the Property may request
certain interpretations and modifications of this Agreement. City therefore
agrees upon request, from time to time, to meet with Developer and
representatives of such lenders to discuss in good faith any such request
for interpretation or modification. The City will not unreasonably withhold
its consent to any such requested interpretation or modification provided
such interpretation or modification is consistent with the intent and purposes
of this Agreement, provided, further, that any modifications of this
Agreement shall be subject to the provisions of this Agreement pertaining
to modifications and amendments.
12.3 Mortgage Protection. This Agreement shall be superior and senior to the
lien of any Mortgage. Notwithstanding the foregoing, no breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any
binding and effective against the Mortgagee and every owner of the
Property, or part thereof, whose title thereto is acquired by foreclosure,
trustee sale or otherwise; provided, however, Mortgagee and such owner
shall not be responsible for any matters that occurred prior to their
acquisition of the Property or such portion. Notwithstanding any term or
provision in this Agreement to the contrary, including without limitation
32
Ordinance No. 502
Page 40
Section 3.3 above, no Mortgagee shall be obligated under this Agreement
to construct or complete improvements or to guarantee such construction
or completion, but shall otherwise be bound by all of the terms and
conditions of this Agreement which pertain to the Project site or such portion
thereof in which it holds an interest.
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, or to
commence to cure or remedy such default to the extent not subject to full
cure within such time period and to proceed diligently thereafter to cure,
provided that such full cure occurs no later than one hundred twenty (120)
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 or Mortgagee
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 or Developer is not in breach of
this Agreement, or if in breach, a description of each such breach. The Party
receiving such a request shall execute and return the certificate within ten
(10) days following receipt of the notice. City acknowledges that a certificate may
be relied upon by successors in interest to the Developer who requested the
certificate and by holders of record of deeds of trust on the portion of the Property
in which that Developer has a legal interest.
14. Administration of Agreement. Any consent or approval herein to be given by the
City may be given by the City Manager provided it is expressed 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 thirty (30) days after the affected
Developer receives written notice of the staff decision. The City Council shall
render its decision to affirm, reverse or modify the staff decision within thirty
(30) days after the appeal was filed. The Developer shall not seek judicial review
33
Ordinance No. 502
Page 41
of any staff decision without first having exhausted its remedies pursuant to this
section.
15. Amendment or Termination by Mutual Consent. In accordance with the provisions
of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof
then in effect, this Agreement may be amended or terminated, in whole or in part,
by mutual consent of City and the affected Developer.
15.1 Exemption for Amendments of Project Approvals. No amendment to a
Project Approval or Subsequent Approvals shall require an amendment to
this Agreement and any such amendment shall be deemed to be
incorporated into this Agreement at the time that the amendment becomes
effective, provided that the amendment is consistent with this Agreement
and does not alter the permitted uses, density, intensity, maximum height,
size of buildings or reservations and dedications as contained in the Project
Approvals or Subsequent Approvals.
16. Developer Indemnification. Developer shall indemnify, defend with counsel
approved by City, and hold harmless City and its officers, employees and agents
from and against any and all losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or resulting from,
Developer's performance pursuant to this Agreement, including, but not limited to,
Developer's construction of the Project, Developer's construction of improvements
on the City's Site, and any injury sustained by any person in connection with the
construction or partial construction of buildings and improvements on the Property
or to the extent arising from the activities contemplated under this Development
Agreement, save and except claims for damages arising through the gross
negligence or willful misconduct of City.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action
or proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, the environmental documents prepared and approved in
connection with the approval of the Project, or any Project Approval or Subsequent
Approval or modifications thereto, or any other subsequent entitlements for the
project and including any related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date. As described in Subsection 1.9 above, this Agreement shall
become operative on the Operative Date, being the date the Enabling Ordinance
becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of twenty
(20) years commencing on the Operative Date or until one year after the issuance
of the final building permit for occupancy of the last unit of the Project (the "Final
34
Ordinance No. 502
Page 42
Building Permit"), whichever occurs first, unless said term (the "Term") is amended
or the Agreement is sooner terminated as otherwise provided herein. Expiration
of the Term or earlier termination of this Agreement shall not automatically affect
any Project Approval or Subsequent Approval or Building Permit or Final Building
Permit that has been granted or any right or obligation arising independently from
such Project Approval or Subsequent Approval or Building Permit or Final Building
Permit.
Upon expiration of the Term or earlier termination of this Agreement, the Parties
shall execute any document reasonably requested by any Party to remove this
Agreement from the public records as to the Property, and every portion thereof,
to the extent permitted by applicable laws.
Notwithstanding the foregoing, the following shall survive the expiration or earlier
termination of this Agreement: (i) all obligations arising under this Agreement prior
to the expiration or earlier termination of this Agreement; and (ii) Section 16of 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 "F" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21 . Entire Agreement. This Agreement and those exhibits and documents referenced
herein contain the entire agreement between the Parties regarding the subject
matter hereof, and all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended, except as
expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of
any other provision, whether or not similar; nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver shall be
binding, unless it is executed in writing by a duly authorized representative of the
Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as
35
Ordinance No. 502
Page 43
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 15.40.140
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
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.
36
Ordinance No. 502
Page 44
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.
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
RWC HITCH RANCH, LLC,
a California limited liability company
By:
Robert Comstock,
RWC Hitch Ranch, Authorized signer
37
Ordinance No. 502
Page 45
EXHIBIT "A"
All that certain real property situated in the County of Ventura, State of California, described as
follows:
PARCEL 1:
Lots 14 and 16 and that portion of Lots 22 and 23, Fremont Subdivision of Rancho Simi, in the City
of Moorpark, County of Ventura, State of California, as per map recorded in Book 3, Pace 39 of
Maps, in the Office of the County Recorder of said County, lying Northerly of the right of way of the
Southern Pacific Railroad 100 feet wide, as described in deed recorded in Book 58, Page 590 of
Deeds.
Assessor's Parcel No: 511-0-020-170
PARCEL 2:
Part of Tract "S"and "T"of part of Tract "L" of Rancho Simi, in the City of Moorpark, County of
Ventura, State of California, as per map showing the Townsite of Moorpark and Lands of Madeline
R. Poindexter, a Re-Subdivision of Fremont Tract, as per map recorded in Book 5, Page 5 of Maps,
in the Office of the County Recorder of said County, described as follows:
Beginning at a point which is common to the Northeast corner of Lot"S" and the Northwest corner
of Lot "T"; thence, from said point of beginning.
1st: South 89°55'West 1320 feet along the North line of said Lot "S"to the Northeast corner of
that certain Parcel of land conveyed to William Hedges, by deed dated March 3, 1909,
recorded in Book 117, Page 217 of Deeds; thence,
211`1: South 1964.16 feet along the East line of said lands of William Hedges to the Northwest
corner of Lot 14, as shown on map entitled "Map of Fremont"a Subdivision of Lot "L"of the
Rancho Simi, Ventura Co., Cal."And recorded in Book 3, Page 39 of Maps; thence at right
angles,
3rd: East 1320 feet along the North line of said Lot 14, to a point in the boundary line between
said Lots"S"and "T"; thence, at right angles,
4th: South 660 feet along the boundary line between Lots 14 and 16 of said Fremont Tract, and
Tract "T" above described to the Southeast corner of said Lot 16 of said Fremont Tract;
thence at right angles,
5th: West 330 feet along the South line of said Lot 16 to the Northeast corner of Lot 23 of said
Fremont Tract; thence, at right angles,
6th: South 429.66 feet along the East line of Lot 23 to a point in the North line of the right of
way of the Southern Pacific Railroad; thence along same,
7rr': Easterly along a curve to the right (the long chord of which bears North 88°3'7"East)
330.66 feet to a point; thence,
Ordinance No. 502
Page 46
8th: East 990 feet along the North line of said railroad right of way to the Southwest corner of
that certain Parcel of land conveyed to Alice N. Graham, by deed dated October 25, 1911
and recorded in Book 130, Page 33 of Deeds; thence, still along the North line of the right
of way of the Southern Pacific Railroad,
9th: East 588.06 feet to the Southwest corner of that certain Parcel of land as conveyed to
Leonard C. Elver and Nellie 8. Elver, his wife, by deed dated January 7, 1931, recorded in
Book 340, Page 198 of Official Records; thence along the West and North lines of the lands
so conveyed,
10th: North 696.96 feet to a 1 1/4"X 6" pipe; thence,
11th: North 61°30' East 258.72 feet to a 2 X 66"pipe; thence,
12th: North 2230.14 feet to a point in the North line of said Tract "T" in the South line of Lot 32,
as the same is shown on Map entitled "Map of the Vallette Tract, being a Subdivision of Lot
2 of Block "L" of Rancho Simi, Ventura Co., Cal."And recorded in Book 3, Page 41 of Maps,
and at the Northwest corner of the lands conveyed to Maxwell W. Wright, by deed dated
September 10, 1914 recorded in Book 144, Page 283 of Deeds; thence,
13th: South 89°53'West 1805.166 feet along the South line of Vallette Tract, and along the
North line of Tract "T"to the point of beginning.
Except those portions of land described as Estates 1, 2 and 3 in the Final Order of Condemnation,
Case No. SC 16973, Superior Court of California, County of Ventura, a certified copy of which
recorded December 18, 1997 as Document No. 97-172929 of Official Records.
Assessor's Parcel No: 511-0-020-110, 130, 160, 180
PARCEL 3:
Portions of Lot "R"and "S"as shown on Map of a Part of Tract "L"of the Rancho Simi, in the City of
Moorpark, County of Ventura, State of California, as per map recorded in Book 5, Page 5 of Maps,
in the Office of the County Recorder of said County described as a whole as follows:
Beginning at a point on the West line of said Lot "S" distant North thereon 660 feet from the
Southwest corner of said Lot "S"'thence along the West line of Lots "S"and "R",
1'4: South 1617 feet to the North line of the 100-foot right of way of the Southern Pacific
Railroad; thence, along said North line,
2": North 76°10' East 1703.46 feet to the Southeast corner of said Lot"R"; thence along the
East line of said Lot "R",
3rd: North 551.76 feet to the Northeast corner of said Lot"R"; thence,
4th: West along the North lines of said Lot "R", 330 feet to the Southwest corner of Lot 16 of
Fremont Tract, as per map recorded in Book 3, Page 39 of Maps, in the Office of the County
Recorder of said County; thence,
5th: North along the West line of Lots 16 and 14 of said Fremont Tract, 660 feet to the
Northwest corner of said Lot 14; thence,
6th: West 1320 feet to the point of beginning.
Except the interest in a strip of land 40 feet wide, as granted to Ventura County for"road
purposes" in deed recorded in Book 127, Page 326 of Deeds.
2
Ordinance No. 502
Page 47
Also except one half of all mineral, oil, gas an other hydrocarbon substances in and under said land
without, however, any right of surface entry or any right of entry in and to the subsurface thereof
at a depth of less than 500 feet beneath the surface of Official Records the development or removal
of said substances, as reserved by Sena Bauer, a life estate, Walter W. Bauer, Charles E. Bauer,
Ellen Regina Bauer, Frances D. Arbogast Mericle, who acquired title as Frances B. Arbogast and
Serena H. Bauer Cox, who acquired title as Serena H. Bauer, in deed recorded September 12, 1961
in Book 2045, Page 334 of Official Records.
Assessor's Parcel No: 511-0-020-195
PARCEL 4:
The East half of the Southeast Quarter of Section 6, Township 2 North, Range 19 West, Rancho
Simi, in the City of Moorpark, County of Ventura, State of California, as shown on map entitled
"Map of the Land of Rancho Simi, in Ventura and Los Angeles counties, California", and recorded in
Book 3, Page 7 of maps, in the Office of the County Recorder of said County, and particularly
described as follows:
Beginning at a point in the centerline of that certain public road, 60 feet wide, locally known as and
called "Los Angeles Avenue"at the corner common to Sections 5, 6, 7 and 8 of Township 2 North,
Range 19 West, Rancho Simi, as shown on the above described map, said point of beginning being
the Southwest corner of Tract "Q" as shown on map entitled "Map of Part of Tract "L"of Rancho
Simi, Ventura County, California, showing the Townsite of Moorpark and Lands of Madeleine R.
Poindexter, a Re-Subdivision of Fremont Tract"and recorded in Book 5, Page 5 of Maps, in the
Office of the County Recorder of Ventura County; thence, from said point of beginning,
1st: North 2640 feet to the Southeast corner of Lot 56 of Vallette Tract, as per map recorded in
Book 3, Page 41 of Maps, in the Office of the County Recorder of said County; thence, at
right angles,
2"d: West 1320 feet to the Southwest corner of said Lot 56 of Vallette Tract, at the Northeast
corner of that certain Parcel of land, conveyed to Mary Frances Estes, by deed dated
October 22, 1902 and recorded in Book 87, Page 120 of Deeds; thence at right angles,
3rd: South 2640 feet along the East line of said lands of Mary Frances Estates to a point in the
centerline of said Los Angeles Avenue; thence, along same,
4th: East 1320 feet to the point of beginning.
Except that portion lying Southerly of the Northerly line of that certain strip 100 feet wide
described in the deed to the Southern Pacific Railroad Company, recorded November 13, 1899 in
Book 58, Page 596 of Deeds.
Also except that portion lying within that certain strip 345 feet wide described in deed to Southern
California Edison Company, recorded October 22, 2010 as Instrument No. 20101022-00163068 of
Official Records.
Assessor's Parcel No: 511-0-200-245
3
Ordinance No. 502
Page 48
EXHIBIT "B"
REGIONAL ROADS EXHIBIT
Erxanaeirem
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moo..,:./ 7. 111111140111Awei ,"/ ,, .<1.-.--> „. ,ii i: ,
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.r''� _ �t �j�f REGIONAL ROADWAYS
lam•
Ordinance No. 502
Page 49
EXHIBIT "C"
ARROYO VISTA F 1RK IMPROVEMENT LOCATION
Default Title
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r t t'J►fdre:Y1
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1. _�,t� e _ Moorpare Areaoflntare-.i
f �y .r :.� a,, 191 71 n 227S5 n Y
4 ,.'! c�� >rar in i t ns, '. Tc ,iM1d 58 ft '- ... ..,
fk. ' 70. t n r ttt" � ' ` Ale' ''`". - 7, ► ..
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to -.4i-- 770.24tt ^A.4 r • - .+r
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1"=376ft Sub Tale 11102(2016 <;)- i 7
This map represents a visual display or related geographic information Data provided hereon is not a guarantee of actual field condI IO is To be sure of complete accuracy
please contact Moorpark staff for the most up-to-date information
Ordinance No. 502
Page 50
EXHIBIT "D"
ROADWAY, PARK, AND LANDSCAPE MAINTENANCE AREA LOCATIONS
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ADA MAINTAINED lifiNi:::::::11 LR: III in am.INA,11,•111...0,A00.4.1k .,.. I.....4:0.0, 41 I'' b. M
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1.852: ItIOEN.MEET&A WON ilr#:?,,,,,519 s, tiil egairarls 111#1-1' .41,8
fACILMES '''.,e• -., el; 1111" 4;if 11,1;0 .4,118.7,' ry..... 7:-a: iii k
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1111(MAINrADIED III 4t IT viiiiti*:',„,,,t,A;:.' ,, 4.0*
v. E.----1 11114144,X0 01111 45441315 g : ' .4i 5 iri i:SPACE 0'• 1. • .. ...:. ...ff 7.1 ii,i s.,a:
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Ordinance No. 502
Page 51
EXHIBIT "E"
CITY SITE LOCATION
L
, .. , . NistINGi r,
oanu� : ' �� •)„. :- .1_. C)
IDYIamm ISO dWW601lYMelt ;�. -.. , CAS
,. ',, V LOT 377
a ,� • �P,' 1' WALNUT
5 PROPOSED EASEMENTS v ' �/ NO / I CANNON
'j ��+ . ,LQ �; / J ELEMENTARY
I aVARIABLE WIDTH UTILITY AND Accns % 4'/ / /C / / SCHOOL
1 EASEMENT TO VCWWD NO,1, /
3 Q RECIPROCAL AC255 EASEMENT i iq CIN
BETWEEN LOT 377 AND LOT 378. `; / ESTATE 1 DEDICATION
��% PER RECORD DOCUMENT
/ 97-177929
l• ..,,,,,,.• EX.OVERHEAD WIRES,%
- TO BE REMOVED B 1
/ ESMT TO BE VACATEDLOT 378
1 II ,r /;/ ` r ! CITY DONATION
. PARCEL
/
€ ' %I / 23.44± ACRES
�'�
��.
/ _ .�. _
sl �B� �, 's11�Otalla 511-0-C10-:30
i Q ,
_ — _ BASIN 3—._._. _. _ TRACT-_
` BOUNOARV
_ J
HIGH ST= --
�•-__ _—————————— nJ " %-TPAtT BounoiRv
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" POINDEXTER AVE A.
n w ; TTM 5708 HITCH RANCH
t
, ` 1 ��'s CITY DONATION PARCEL
• 1'�250' MARCH 31,2022
Ordinance No. 502
Page 52
EXHIBIT "F"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
RWC Hitch Ranch, LLC
3760 Kilroy Airport Way, Suite 130
Long Beach, CA 90806
Attn: Robert Comstock/Nicholas Long
Ordinance No. 502
Page 53
EXHIBIT "G"
RESERVED
Ordinance No. 502
Page 54
EXHIBIT "H"
PUBLIC STREET RIGHT-OF-WAYS LOCATION
TIPCTIkUrow '
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; -?.S•."..ff•';14•Li"." *.V' '.....1.$,
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Ordinance No. 502
Page 55
SCHEDULE 6.14(h)
AFFORDABLE HOUSING UNITS MINIMUM REQUIREMENTS
One-bedroom Affordable Housing Units shall include one bedroom and one bath, shall
include at least 450 square feet of living space, and shall be no more than 45% of the
total number of Affordable Housing Units.
Two-bedroom Affordable Housing Units shall include two bedrooms and one bath, shall
include at least 700 square feet of living space, and shall be no less than 25% of the total
number of Affordable Housing Units.
Three-bedroom Affordable Housing Units shall include three bedrooms and two baths,
shall include at least 900 square feet of living space, and shall be no less than 25% of the
total number of Affordable Housing Units.
However, the foregoing requirements are subject to the requirements of any
governmental agency to which the project is subject to approval.
Ordinance No. 502
Page 56
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under
penalty of perjury that the foregoing Ordinance No. 502 was adopted by the City Council of
the City of Moorpark at a regular meeting held on the 6th day of July, 2022 and that the
same was adopted by the following vote:
AYES: Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day of July, 2022.
Ky Span 0r
City Clerk
(seal)
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