HomeMy WebLinkAboutAGENDA REPORT 2022 0726 REG PC ITEM 08BCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of October 25, 2022 Item: 8.B.
ACTION: Approved Staff Recommendation,
Including Adoption of Resolution
No. Pc-2022-674.
BY: J. Lugo
A. Consider a Resolution Recommending to the City Council Approval of General
Plan Amendment No. 2005-02, Development Agreement No. 2005-04, Zone
Change No. 2005-02, Tentative Tract Map No. 5739, and Residential Planned
Development No. 2005-02 for the Development of 60 Residential Condominium
Units on 2.44 Acres Of Property, Located at the Intersection of Everett Street and
Walnut Canyon Road, and Including a General Plan Amendment Land Use
Designation Change from High Density Residential to Very High Density
Residential, Text Amendment No. 4 to the Downtown Specific Plan, Zone Change
From Residential Planned Development (RPD-7-14U) to Residential Planned
Development (RPD-20-30U), and Adoption of a Mitigated Negative Declaration
Pursuant to the California Environmental Quality Act in Connection Therewith, on
the Application of John Newton on Behalf of John C Chiu Family & N. Staff
Recommendation: 1) Open the public hearing, receive public testimony, and close
the public hearing; and 2) Adopt Resolution No. PC-2022-674 recommending to
the City Council the adoption of the Initial Study/Mitigated Negative Declaration
and associated Mitigation Monitoring and Reporting Program (MMRP) and
approval of General Plan Amendment (GPA) No. 2005-02, Development
Agreement (DA) No. 2005-04, Zone Change (ZCH) 2005-02, Vesting Tentative
Tract Map No. 5739 (VTTM), and Residential Planned Development (RPD) No.
2005-02. (Staff: Shanna Farley)
Item: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Shanna Farley, Principal Planner
DATE: 07/26/2022 Regular Meeting
SUBJECT: Consider a Resolution Recommending to the City Council Approval of
General Plan Amendment No. 2005-02, Development Agreement No.
2005-04, Zone Change No. 2005-02, Vesting Tentative Tract Map No.
5739, Residential Planned Development No. 2005-02 for the
Development of 60 Residential Condominium Units on 2.44 Acres Of
Property, Located at the Intersection of Everett Street and Walnut
Canyon Road, and Including a General Plan Amendment Land Use
Designation Change from High Density Residential to Very High
Density Residential, Amendment No. 4 to the Downtown Specific Plan,
Zone Change From Residential Planned Development (RPD -7-14U) to
Residential Planned Development (RPD-20-30U), and Adoption of a
Mitigated Negative Declaration Pursuant to the California
Environmental Quality Act in Connection Therewith, o n the
Application of John Newton on Behalf of John C Chiu Family & N.
STAFF RECOMMENDATION
1.Open the public hearing, receive public testimony, and close the public hearing; and
2.Adopt Resolution No. PC-2022-674 recommending to the City Council the adoption of
the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring
and Reporting Program (MMRP) and approval of General Plan Amendment (GPA) No.
2005-02, Development Agreement (DA) No. 2005-04, Zone Change (ZC) No. 2005-
02, Vesting Tentative Tract Map (VTTM) No. 5739, Residential Planned Development
(RPD) No. 2005-02, and Amendment No. 4 to the Downtown Specific Plan (SPA).
PROJECT DESCRIPTION
On December 5, 2005, John Newton (Applicant) submitted an application for a GPA, DA,
ZC, VTTM, RPD, and SPA for the subdivision of land and development of 60 attached
multi-family residential condominium units, and associated site improvements on a 2.44-
acre property (Project, Proposed Project). The Project requires the following
discretionary entitlements:
•GPA No. 2005-02 - To amend the General Plan land use designation from High
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Density Residential (H) to Very High Density Residential (VH).
• DA No. 2005-04 - To ensure the orderly development of the Project, including
public improvements, and for defined community benefits, impact fees , and off-site
contributions.
• ZC No. 2005-02 – A request to change the zoning designations on the site from
Residential Planned Development (RPD -7-14U) to Residential Planned
Development (RPD-20-30U).
• VTTM 5739 – A request to subdivide a 2.44-acre property into one common area
parcel and 60 residential condominium lots.
• RPD No. 2005-02 – For the development of 60 attached multi-family residential
condominium units, parking, landscaping, and associated site improvements.
• SPA Amendment No. 4 to the Downtown Specific Plan (DSP) – A request to
change the text of the DSP Sections 2.2.3 and 2.3.3 to expand density incentives
when separate lots are combined for residential purposes, in certain RPD zones.
This request also includes a ZC to allow higher density zones to be considered
within the lot consolidation incentives described in the DSP.
The Project Site is located at the northeast corner of Everett Street and Walnut Canyon
Road and Moorpark Avenue. The Project site is bound by Wicks Road to the north and
Walnut Canyon Road to the west. The Project Site currently includes multiple retaining
walls along the slopes of the hillside. The Project is located on Assessor’s Parcel
Numbers (APNs) 512-0-061-310, -320, -050, -060, and -210 (Project Site, Site). A
location and aerial map are included as Attachment 1.
BACKGROUND
The Project Site is vacant and features a moderately steep slope towards the north. A
portion of the site was previous ly occupied by six single-family homes which were
demolished in the 2006.
GPA Pre-Screening
Pursuant to Moorpark Municipal Code (MMC) Section 17.44.050 amendments to the
General Plan, specific plans, zoning map, and zoning code require a pre -screening
review. The pre -screening process allows the City Council’s Community and Economic
Development Committee (CEDC), to consider proposed amendments prior to their
acceptance for formal review . The CEDC provides a recommendation to the full Cou ncil
to consider whether to accept an application for an amendment.
On November 25, 2003, John Newton, on behalf of John C. Chiu, filed GPA Pre -
Screening Application No. 2003-04 proposing to change the General Plan land use
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designation of the Project Site from High Density Residential (H) to Very High D ensity
Residential (VH) (described previously as Downtown Very High Density Residential) and
to change the Zoning designation from RPD -7U to RPD-25U. On May 5, 2004, the City
Council authorized the Community Development Department to accept an application for
the requested amendments.
The Proposed Project was revised following review by staff to propose a ZC designation
from RPD-7U to RPD-20-30U, rather than to RPD-25U, after further analysis related to
the textual changes were found necessary in the DSP. It was determined that the Project
includes 60 units, which effectively aligns with the GPA Pre -Screening authorization
which allowed an application for a ZC to change RPD-7U to RPD-25U, which would allow
up to 61 units on the Project Site. The SPA, described in the Analysis section of this
report, provides density incentives for project’s that consolidate lots in the DSP area. The
proposed ZC would therefore remain in line with the authorization of the GPA Pre-
Screening.
EXISTING AND SURROUNDING LAND USES
The Project Site is located in the DSP area. The Project Site is within walking distance
of commercial shopping, retail areas, and transit stops at the civic center and along High
Street. The Project Site currently consists of five parcels which would be consolidated
with the proposed tentative map .
A summary of the existing land use, General Plan, and zoning designations of the subject
and adjacent properties is provided in Table 1 below and as shown on the General Plan
Land Use Map and Zoning Map (Attachment 1):
Table 1 Existing General Plan, Zoning and Land Use
Direction General Plan Zoning Land Use
Site
Downtown Specific Plan
(DSP) -
High Density Residential
(H)
Residential Planned
Development (RPD-7-14U)
Vacant land and
retaining walls
North
Rural High Density
Residential (RH), Medium
Density Residential (M),
and General Commercial
(C-2)
Rural Exclusive (RE-1AC),
and Single Family
Residential (R-1)
Single family
homes
South
Downtown Specific Plan
(DSP) -
Very High Density
Residential (VH), Public
Institution (P)
Residential Planned
Development (RPD-20-U-N-
D) and Institutional (I)
Single-family
home and City
Hall, and Library
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Continued Table 2 Existing General Plan, Zoning and Land Use
ANALYSIS
Site Design and Architecture
The proposed Project consists of 60 two-story attached residential condominium units,
terraced above a one - and two-story underground parking structure, as shown on Figure
1. The Project would include lower elements of the Project at the southern side of the
Site and would increase in height toward the northern side of the Site. The Project
includes four floor plan types. Units include two - and three-bedrooms that range in size
from 1,080 square feet to 1,586 square feet. The proposed units would range in height
from 26 feet to 38 feet four inches. The Project’s residential units would be constructed
above underground terraced parking garages, which range in heigh t from 12 feet six
inches to 26 feet six inches. Portions of the parking garage, towards the north, would be
constructed below grade. The Project proposes a private residential development, with
one common area parcel which would be privately maintained by the Project’s
Homeowner’s Association (HOA).
Figure 1 Project Site Plan and West Elevation
Direction General Plan Zoning Land Use
East
Downtown Specific Plan
(DSP) -
Medium Density
Residential (M)
Single-Family Residential
(R-1)
Single-family
homes
West
Downtown Specific Plan
(DSP) - Public Institution
(PUB)
Institutional (I)
Single-family
home, City Hall,
library, and
vacant land
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The Project’s architecture borrows from Craftsman and Early American styles (Figure 2),
using lap siding, pitched roofs, roof overhangs and gables, and trimmed windows and
doors. Each residence features a private patio. The Project includes a color scheme,
generally in neutral beige and grey tones. T he Project includes beige stucco, grey slap
siding, beige sandstone veneer, and black trimmed windows and doors. A Condition of
Approval has been incorporated to require additional trim and detailed articulation on all
elevations with a street frontage more in line with the Craftsman style of architecture. The
Project provides common onsite outdoor amenities which include a swimming pool, spa,
changing rooms, fountain, walkways, seating areas and a playground.
Figure 2 - Architectural Rendering
Circulation:
The Project is located on Everett Street, at the intersection of Walnut Canyon Road and
Moorpark Avenue. The Proposed Project would be accessed by a private driveway at
the southeast corner of the Project Site, from Everett Street. Emergency secondary
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access is provided via a second gated driveway located at the southwest corner of the
Site, exiting to Walnut Canyon Road. The Project’s street frontage would be modified to
provide a bus turnout along Walnut Canyon Road.
Pedestrian access would be provided from the parking levels via elevators and stairs.
Pedestrian pathways are provided on all levels of the Project connecting parking, outdoor
amenities, and front doors. Trash and recycling bins would be stored in enclosures within
the parking structure and would be relocated by residents to the street on trash days. The
HOA would be responsible for management of the trash facilities.
Parking
The Project would provide all parking within the underground parking structure. The
Proposed Project provides a total of 153 parking spaces within the underground parking
structure. The Project’s proposed parking equates to approximately 2.5 parking spaces
per home. The Project’s parking is consistent with MMC Section 17.32.020 by providing
the required 150 covered spaces. The MMC requires that each unit provide 2 spaces
(120 spaces required) and an additional 0.5 space per unit for visitors (30 spaces
required). Although MMC 17.44.040.C allows deviation from typical development
standards within an RPD, the Project would provide three additional spaces beyond what
is required by the MMC.
Onsite Private Amenities
The Project Site includes common outdoor amenities that would be provided to the
residents of the development. Amenities include a swimming pool, spa, changing rooms,
fountain, seating and walkway areas, and a playground. The open space areas provided
on the Site are comparable in size to other nearby local parks, like Magnolia Park located
on Charles Street and the Community Center Park located at City Hall.
Landscaping:
The MMC requires the Project to comply with the City’s Landscape Standards and
Guidelines. In addition, the Project is required to meet fire prevention requirements
provided by the Ventura County Fire Department. As such, the Proposed Project was
reviewed by both City and Fire Department staff to ensure compatibility and compliance
with both landscape standards. The Project includes a Landscape Plan (Attachment 2)
which contains drought-tolerant and native plant species. The Landscape Plan would
remove all existing trees, shrubs, and vegetation on the Site. The Project includes
landscaping around the perimeters and within planters throughout the interior of the
Project. As designed, the Project is conceptually consistent with applicable landscape
requirements as noted in the Section 8 of the City’s Landscape Design Standards and
Guidelines, including but not limited to providing adequate shrub and tree screening along
the Project frontage, planting sizes and quantities, use of accent plantings, etc. The
Project’s landscape pallet includes a mix of trees, shrubs, and groundcover which include
various flowering species, with primarily evergreen plant types , and would provide interest
and variation along the street frontages and from a distance. Plantings within landscape
planters include palm trees and other shallow root plant types which are better suited to
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the planter size limitations above the parking structure . Native trees proposed to be
installed include California sycamore, and Coast live oak , which are placed along the
exterior boundary of the Site. The larger native trees would serve as the primary
landscape frontage from the front and rear of the Site, providing both site screening and
shade. Palms and other smaller plantings are located within planter boxes throughout
the interior of the Site to provide interest and shade.
Walls and Fences
The Project includes the installation of new walls and fences around the perimeter of the
Project Site. Retaining walls would be installed along the west, north, and east Project
boundaries, where the property slopes towards Wicks Road. Eight-foot-tall walls would
be installed along the west, north, and east property lines, finished in concrete block
(interior walls) or slump stone (visible from offsite boundaries). Pursuant to MMC Section
17.24.050, where there is a grade difference between two properties, the fence/wall
height shall be measured from the highest finish grade, provided, that the distance from
the lower grade to the top of the fence shall not exceed 10 feet. As proposed, the Project
meets the standard for the MMC. A chain link gate is proposed along the water line
easement to prevent public access. A Condition of Approval has been included to require
that the water line easement gate be finished in a material similar to onsite patio fences
or onsite gates, as opposed to chain link.
Grading and Drainage:
The existing site is relatively flat along Everett Street and slopes steeply towards Wicks
Road. Due to the sloping nature of the site, grading work would be required to cut or
remove soil from certain areas of the Site and other areas of the Site that would need to
be raised or leveled adding soil or fill to the Site. The Project also includes the installation
of an underground storm water biofiltration system. Any existing septic or seepage pits
would be abandoned or removed as required by the Ventura County Public Health and
the City of Moorpark.
Utilities
The Project would provide sewer, water, and other utilities for the Project through
connections to nearby existing services. Water and sewer lines are to be installed through
an existing connection on the southern side of the Site, in Everett Street. All existing
onsite and fronting utility poles would be removed and or overhead lines undergrounded,
as a Condition of Approval.
Caltrans’s Right-of-Way (ROW)
The Project may require access and construction within the Caltrans’s ROW along Los
Walnut Canyon Road / State Route 23 (SR 23). Landscape and sidewalk improvements
along SR 23 would require ongoing maintenance, addressed through a Community
Facilities District (CFD) which would facilitate maintenance costs and w ork provided by
the City of Moorpark following the construction of such improvements. As Conditioned,
the Project would waive the right to protest the application of a future CFD on the site .
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General Plan, Specific Plan, and Zoning Consistency
General Plan Amendment
The existing General Plan land use designation for the Project Site is H and is located
within the DSP area. The proposed GPA would change the land use designation of the
Project Site to VH, which would allow a maximum of 15 du/ac (Figure 3 and Attachment
3, Exhibit D). With the adoption of the requested GPA, the Project would be consistent
with the Goals and Policies of the General Plan.
Figure 3 - Existing and Proposed General Plan Land Use Designation
The Project would help to implement the following General Plan goals and policies:
Land Use Element:
Goal 1: Attain a balanced City growth pattern which includes a full mix of land uses.
Policy 1.1: New development and redevelopment shall be orderly with respect to
location, timing, and density/intensity; consistent with the provision of local public
services and facilities; and compatible with the overall suburban rural community
character.
Policy 1.3: New residential development shall be consistent with City -adopted
growth ordinance policies.
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Policy 1.4: New development and redevelopment shall be coordinated so that the
existing and planned capacity of public facilities and services shall not be
adversely impacted.
Policy 1.5: A comprehensive planning approach for undeveloped areas of the
community shall be followed, to prevent disjointed, incremental expansion of
development.
Goal 3: Provide a variety of housing types and opportunities for all economic segments
of the community.
Policy 3.3: Where feasible, inclusionary zoning shall be used to require that a
percentage of new, private residential development be affordable to very l ow to
moderate income households.
Goal 5: Develop new residential housing which is compatible with the character of existing
individual neighborhoods and minimizes land use incompatibility.
Policy 5.2: Infill development in existing residential neighbo rhoods shall be
compatible with the scale and character of the surrounding neighborhood.
Policy 5.3: Landscaped and/or natural vegetation buffer areas shall be provided
around and within residential projects to minimize land use conflicts and privacy
impacts.
Policy 5.4: Clustering of residential dwelling units may be allowed, if it can be
shown that the common area created by the clustering is designed to protect a
public interest or provide a public benefit such as the following: protects
environmentally sensitive habitat or agricultural land; promotes land conservation
as well as visual relief; provides a substantial recreational opportunity or an
affordable housing benefit.
Preservation Of Environmental Quality
Goal 14: Establish land uses and development intensities which are compatible with
scenic and natural resources, and which encourage environmental preservation.
Policy 14.1: New development shall be located and designed to minimize adverse
visual and/or environmental impacts to the community.
Policy 14.2: New development shall respect, integrate with, and complement the
natural features of the land.
Policy 14.3: New development shall not contribute to or cause hazardous
conditions of any kind.
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Policy 14.4: The flood control easement area adjacent to the Arroyo Simi floodway
shall be preserved and enhanced as an important natural and scenic feature of
the community.
Policy 14.5: Compatible open space/recreational uses of the Arroyo Simi floodway
should be encouraged which are consisten t with the provisions of the Federal
Emergency Management Agency for floodway uses.
Goal 16: Enhance and maintain the suburban/rural identity of the community.
Policy 16.1: For each existing neighborhood the overall theme(s) and character
shall be maintained or enhanced. Redevelopment and/or infill projects shall be
consistent with the theme and character of the area.
Policy 16.4: New residential development should complement the overall
community character of the City, establish a sense of place, and ensure
compatibility with important existing local community identities.
Goal 17: Enhance the physical and visual image of the community.
Policy 17.1: New development shall be compatible with the scale and visual
character of the surrounding neighborhood.
Policy 17.5: New development should incorporate a variety of landscape
architecture themes and techniques to help organize and delineate land uses and
to enhance the overall visual quality of the City.
Policy 17.6: Enhanced landscaping shall be used around residential, commercial
and industrial buildings and parking areas as well as along easements of flood
control channels, roadways, railroad right of ways, and other public and private
areas, to soften the urban environment and enhance views from roadways and
surrounding uses.
Policy 17.8: Undergrounding of utilities shall be required in conjunction with
development projects whenever feasible.
Housing Element:
Goal 2: Provide residential sites through land use, zoning and specific plan designations
to provide a range of housing opportunities.
Policy 2.2: Ensure residential sites have appropriate public services, facilities,
circulation, and other needed infrastructure to support development.
Goal 3: Expand and protect housing opportunities for lower income households and
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special needs groups.
Policy 3.4: Require, in aggregate, 10% of new units to be affordable to lower -
income households. Establish priority for usage of in-lieu fee as follows: 1st priority
– production of affordable housing; 2nd – subsidy of affordable housing; 3rd –
housing rehabilitation; 4th priority – housing assistance; and 5th staffing costs.
Goal 4: Where appropriate, mitigate unnecessary governmental constraints to the
maintenance, improvement, and development of housing.
Policy 4.4 Support infill development at suitable locations and provide, where
appropriate, incentives to facilitate their development.
Circulation Element:
Goal 2: Provide a circulation system which supports existing, approved, and planned land
uses throughout the City while maintaining a desired level of service on all streets and at
all intersections.
Policy 2.2: Project phasing shall be coordinated with the construction of on-site
and off-site circulation improvements to maintain the performance standards
objectives specified in Policy 2.1 and to ensure that improvements are in place
when needed.
Policy 2.5: Driveway access points onto arterial roadways shall be limited in
number and location in order to ensure the smooth and safe flow of vehicles and
bicycles.
Policy 2.11: Adequate off-street parking shall be provided in all new or expanded
projects as part of construction.
The proposed VH land use designation and the text amendment to the DSP would allow
development of up to 30 dwelling units per acre (du/ac) with consolidation of the lots. The
proposed multi-family residential development of 60 units on 2.44 acres would equal a
density of 24.6 du/ac. The Project density would be similar and c onsistent with the density
of the existing Walnut Apartments to the south, which include 24 apartments on 1.2 acres,
equating to a density of 20 du/ac. Other projects, located to the west and south of the
Project are also entitled with similar densities. These include: Vendra Gardens
Apartments (Essex) which is entitled to construct 200 units on 10.57 acres equating to
18.92 du/ac and the High Street Depot Mixed Use Project which is entitled to construct
79 residential units on 2.15 acres equating to 36.7 du/ac.
The proposed VH land use designation is intended for residential development
characterized by multiple family attached units , apartments, and condominium buildings.
It is intended that this category utilize innovative site planning, provide onsite recreational
amenities and be located in close p roximity to major community facilities, business
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centers and major arterials. The Project would be consistent with the intent of the VH
designation and compatible with the existing surrounding development.
Downtown Specific Plan Amendment (SPA)
The Project includes a request to amend the text of the DSP to allow higher density in
certain Zoning designations, when the use of lot consolidation is applied (Figure 2 and
Attachment 3, Exhibit E). The proposed SPA would address the requested VH General
Plan designation and RPD -20-30 Zoning designation. Lot consolidation incentives would
only apply to properties designated as RPD -7-14 or RPD-20-30 in the DSP area. With
the adoption of the proposed SPA the Project would be consistent with the objectives in
the DSP.
Figure 2 Downtown Specific Plan Text Amendment
2.2.3 Residential Planned Development (RPD)
A. Site Development Standards
2. Development Requirements
The density range in the Residential Planned Development area has been established to
encourage lot consolidation and redevelopment of under -developed or declining
properties. Given the close proximity to public transit and local services, residential density
in the downtown RPD areas, residential de nsities associated with RPD areas may be
higher than in other parts of the City. Density bonuses may be granted by the City Council
for a housing development anywhere in the RPD areas in accordance with provisions of
California Government Code Section 6591 5 et seq. and Chapter 17.64 of the Moorpark
Municipal Code. Section 2.3.3
Lot Consolidation and Incentives allows the increased density under certain standards
and conditions.
B. Design Guidelines
2. Unit Articulation
Unit articulation will help diminish the massive look of large structures, and blend with the
surrounding neighborhood. These guidelines are especially pertinent to those parcels
along Charles Street and Everett Street that may be affected by the lot consolidation (aka.
Spring Road) density incentives.
2.3.3 Lot Consolidation and Incentives
The maximum density in the High to Very High Density Residential areas can only be
achieved when lot consolidation occurs. On the On the Specific Plan Moorpark Downtown
Specific Plan 2-58 Zoning Map Zoning Map, Figure 6, those areas are zoned RPD 7 – 14
and RPD 20-30 dwelling units per acre. Lot consolidation allows for greater flexibility in site
design, potential for reduction in the number of driveways serving the consolidated property
and opportunities to more quickly improve a neighborhood. Density bonuses which are
granted must be consistent with the r equirements of Chapter 17.64 of the Moorpark
Municipal Code and the California Government Code 65915 et seq. Without lot
consolidation, the density bonus in the RPD 7 -14 zones will be calculated at 7 du /ac . With
lot consolidation, the density bonus will be calculated at 14 du /ac.
Maximum Density Bonus Incentive
Zoning Designation Without Lot Consolidation With Lot Consolidation
RPD 7 -14 7 du /ac 14 du /ac
RPD 20-30 20 du /ac 30 du /ac
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Zoning
The Project Site includes 2.44 acres of land, which is currently zoned RPD-7-14U. The
Project proposes to change the zoning of the land within the Project Site to RPD-20-30U
(Figure 2 and Attachment 3 , Exhibit D). Pursuant to MMC 17.12.020.C ., the general
density of a proposed RPD will be identified as a numeric suffix, in this case 20-30 du/ac.
Pursuant to MMC 17.16.040.C. the purpose of RPD zone is to provide areas for
communities which will be developed utilizing modern land planning and unified design
techniques. The zone provides a flexible regulatory procedure in order to encourage: 1.
Coordinated neighborhood design and compatibility with existing or potential
development of surrounding areas; 2. An efficient use of land particularl y through the
clustering of dwelling units and the preservation of the natural features of sites; 3. Variety
and innovation in site design, density and housing unit options, including garden
apartments, townhouses and single-family dwellings; 4. Lower housing costs through the
reduction of street and utility networks; and 5. A more varied, attractive and energy -
efficient living environment as well as greater opportunities for recreation than would be
possible under other zone classifications. Figure 2 – Existing and Proposed Zoning Designations
RPD Development Standards:
Pursuant to MMC Section 17.44.040.C planned development permit development
standards related to heights, setbacks, sizes, locations, architectural styles and colors of
all proposed buildings, structures and other on -site improvements, landscaping design,
neighborhood design, and permitted land uses shall be established as part of the planned
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development permit review and approval process. The standards for this Project will be
defined through the review of this RPD request, as outlined in Table 2 below. As
designed, the Project complies with the applicable Zoning standards.
Table 3 Development Standards
Development Agreement
Government Code Section 65864 and City of MMC Section 15.40 provides an opportunity
for a DA between the City and property owners in connection with proposed plans of
development for specific properties. The DA is designed to strengthen the planning
process, to provide developers with some certainty in the development process and to
assure development in accordance with the terms and conditions of the agreement.
Vesting of development rights, timing of improvements , development fees, and the
provision of affordable housing and other community benefits are addressed in the DA.
Within Moorpark, DAs are negotiated by an ad hoc committee of the City Council. The
ad hoc committee for the proposed Everett Street Terrace DA, most recently consisted of
Councilmembers Castro and Enegren, with the assistance of the City Manager. The
Planning Commission is asked to provide a recommendation to the City Council regarding
the DA.
The proposed DA (Attachment 3, Exhibit B) includes a term of 20 years. Notable
provisions of the DA are outlined below in Table 3.
Development Standards Moorpark Municipal Code Proposed RPD
Density – Maximum du/ac By Permit 24.6 DU/AC
Height By Permit Residential Units
Maximum 38’4”
Underground Parking
Maximum Height 26’6”
Net Lot Area By Permit 2.44 Acres
Setbacks – Front By Permit 20’
Setbacks – Interior Side By Permit 5’
Setbacks – Rear By Permit 15’
Parking for Dwellings,
multiple (> 2 units)
150 Parking Spaces -
(2 spaces per unit and
0.5 space per unit for
visitors)
153 Parking Spaces in
parking garage
Landscaping By Permit 26% of site
28,600 sq. ft.
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Table 3 - Development Agreement Summary
DA Section Description
6.3 Development Fee Secures $10,989.20 per residential unit with CPI
adjustments commencing on January 1, 202 3.
6.4 Traffic Mitigation Fee Ensures the construction of specific roadway
improvements, securing $14,861.94 per residential
unit with CPI adjustments commencing on January 1,
2023.
6.5 Los Angeles Avenue Area of
Contribution Fees (LAAOC)
Secures $10,134 per residential unit with CPI
adjustments.
6.6 Air Quality Fees Secures $2,041.36 per residential unit to offset air
quality impacts with CPI adjustments commencing on
January 1, 2023.
6.7 Park Fees Secures $12,542.02 per residential unit one-time fee
in lieu of the dedication of parkland for the project with
CPI adjustments commencing on January 1, 2024.
6.8 Community Services Fee Secures $3,225.09 per residential unit with CPI
adjustments commencing on January 1, 202 3.
6.9 Art in Public Places Fee Secures payment equivalent to 1% of total building
valuation within the Project for public art or, as an
alternative, terms under which the Developer may
propose public art improvements.
6.10 Other Development and Processing
Fees
Clarifies that other fees outside of the DA fees ma y
be assessed, including but not limited to Library
Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, drainage, entitlement processing fees, and
plan check and permit fees for buildings and public
improvements.
6.11 Processing Fees Ensures payment of all costs associated with
processing Project approvals and Final MND.
6.12 Community Facilities District Ensures the formation of a Community Facilities
District to fund long -term maintenance of community
facilities and associated provisions.
6.13 Affordable Housing Developer agrees to construct nine affordable
housing units on the Project Site , available to low and
very low income households. Nine units equates to
15% of the overall unit count.
Vesting Tentative Tract Map
The Project includes VTTM 5739 which would subdivide the property into one common
area lot for common amenities, maintenance, and access and 60 residential condominium
lots (Attachment 3 , Exhibit A). Currently, the Site consists of five lots.
Construction Timeline
Construction of the Project will occur in a single phase and is expected to begin in spring
2023 and last until fall 2024. Construction activities of the Proposed Project will be
scheduled in compliance with the MMC for the provisions of operating and permitting the
use of tools and equipment during construction, drilling, repair, or alterations.
15
Honorable Planning Commission
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07/26/2022 Regular Meeting
Page 16
ENVIRONMENTAL DETERMINATION
In accordance with the City’s environmental review procedures adopted by Resolution
No. 2004-2224, the Community Development Director or designee determines the level
of review necessary for a project to comply with the California Environmental Quality Act
(CEQA). Some projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt unde r a general rule that environmental
review is not necessary where it can be determined that there would be no possibility of
a significant effect upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study (IS) to assess the level of potential
environmental impacts.
An IS and Final Mitigated Negative Declaration (MND) (State Clearinghouse Number
2022050391) was prepared by the City for the Project, which analyzed potential
environmental factors that may be affected by the Project (Attachment 3, Exhibit F). The
Project’s environmental determination identifies potentially significant impacts associated
with biological resources, geology/soils, and tribal cultural resources, as discussed below
in more detail. Each of these impacts are reduced to a less than significant level with the
inclusion of specific mitigation measures included in the Mitigation Monitori ng and
Reporting Program (Attachment 3, Exhibit F).
Biological Resources
One potential significant impact was identified associated with the potential adverse
effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service. Although the project was found to have a potential impact, there would not be a
significant effect on the environment with the incorporation of the proposed mitigations to
reduce the potential level of impact to less than significant. The mitigation measures
proposed below would minimize potential impacts to nesting birds protected under the
Migratory Bird Act and any special status species or wildlife to a less than significant level.
Mitigation Measure (MM) Bio-1 requires that if construction activities are to occur between
February 1 and September 15, the applicant would be required to conduct a nesting bird
survey by a biologist to ensure that if nesting birds exist on the site, they are avoided and
protected by a 500-foot buffer. MM Bio-2 requires that a biologist monitor ground-
disturbing work to ensure that if wildlife is present, they can be avoided and or moved out
of harm’s way. MM Bio-2 also requires that grubbing and grading be conducted so as to
avoid habitat that may a refuge for certain wildli fe, can be avoided or relocated to avoid
hard to such wildlife.
Cultural Resources
One potential significant impact was identified associated with the potential adverse effect
on an archaeological resource pursuant to Government Code §15064.5. Although the
project was found to have a potential impact, there would not be a significant effect on
the environment with the incorporation of the proposed mitigations to reduce the potenti al
16
Honorable Planning Commission
Everett Street Terrace
07/26/2022 Regular Meeting
Page 17
level of impact to less than significant. The mitigation measures proposed below would
minimize potential impacts to cultural resources. MM Cul-1 requires the applicant to have
a qualified archeologist on call should the ground disturbing activities on the site unearth
cultural or archeological resources. MM Cul -1 also requires that all construction
personnel be provided a training about procedures to follow should cultural or
archeological resources be found. In addition, a tribal monitor will be pro vided the
opportunity to attend the pre -construction training. MM Cul -2 requires that the Project’s
archeologist prepare an Archaeological Resources Monitoring Report summarizing all
monitoring efforts and observations, as performed, and any and all prehi storic or historic
archaeological finds
Geology and Soils
Three potentially significant impacts were identified associated with the potential adverse
effect on the geology, soils, or paleontological resources of the Site. First, potential
significant i mpact may be associated with potential seismic-related ground failure,
including liquefaction. Second, the site may be located on a geologic unit or soil that is
unstable, or that would become unstable as a result of the project, and potentially result
in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse . Third,
the Project may directly or indirectly destroy a unique paleontological resource or site or
unique geological feature. Although the project was found to have a potential impact,
there would not be a significant effect on the environment with the incorporation of the
proposed mitigations to reduce the potential level of impact to less than significant. The
mitigation measures proposed below would minimize potential impacts to geology or soils
on the Site. MM Geo-1 requires that the Project’s engineer and geologist prepare
geologic report to determine the appropriate foundation types and designs. MM Paleo -1
and Paleo-2 also requires that the applicant acquire the services of a paleontologist to
respond should any paleontological items are found during construction. The MM outlines
the procedures for identifying and documenting any potential finds during construction. In
addition, the MM requires that the paleontologist prepare a mitigation report to document
any findings and activities performed to protect or document potential findin gs on the Site.
Tribal Cultural Resources
One potential significant impact was identified associated with the potential adverse effect
on a tribal cultural resource. Although the project was found to have a potential impact,
there would not be a significant effect on the environment with the incorporation of the
proposed mitigations to reduce the potential level of impact to less than significant. The
mitigation measures proposed below would minimize potential impacts to tribal cultural
resources. MM TCR-1 requires that all plans related to ground -disturbing activities that
note the potential for disturbing cultural resources. The MM outlines the procedures for
personnel training and outlines procedures should any item be discovered during
construction activities. MM TCR-2 outlines procedures should human remains or funerary
objects be discovered during construction activities.
The Final MND analyzes the Project, existing conditions within the Project area, the
potential environmental impacts of implementing the Project, the impacts of the Project
17
Honorable Planning Commission
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07/26/2022 Regular Meeting
Page 18
alongside pending and approved development projects and identifies mitigation
measures to minimize significant impac ts. The appendices to the Final MND include
thorough documentation of the technical studies and site surveys that provide the basis
for the findings described in the Final MND. A Notice of Intent to Adopt the Draft MND
was published on May 18, 2022. Pursuant to CEQA Section 15073, a public review period
of not less than 30 days is provided when a proposed Final MND is submitted to the State
Clearinghouse for review by state agencies, which concluded on June 17, 2022. The City
received five of comments regarding the Draft MND. Comments provided during the
public review period were analyzed and responded to in the Final MND. Comments
provided did not warrant further analysis. The City Council is the approval body for the
certification of the Final MND upon recommendation by the Planning Commission.
NOTICING
Public Notice for this meeting was provided in accordance with Chapter 17.44.070 of the
Zoning Ordinance, as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on July 15, 2022.
2. Mailing. The notice of the public hearing was mailed on July 15, 2022, to owners
of real property, as identified on the latest adjusted Ventura County Tax Assesso r
Rolls, within 1,000 feet of the exterior boundaries of the assessor’s parcel(s)
subject to the hearing.
3. Sign. Two 32 square-foot sign was placed on the street frontage s on July 14 ,
2022.
ATTACHMENTS
1. Location, Aerial, and General Plan and Zoning Maps
2. Project Plans – Architectural, Civil, and Landscaping
3. Draft Resolution No. PC-2022-674
Exhibit A: Vesting Tentative Tract Map No. 5739
Exhibit B: Development Agreement
Exhibit C: Conditions of Approval
Exhibit D: Proposed General Plan Land Use and Zoning Map Amendments
Exhibit E: Proposed Downtown Specific Plan Text Amendment
18
Honorable Planning Commission
Everett Street Terrace
07/26/2022 Regular Meeting
Page 19
Exhibit F: Initial Study / Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (State Clearinghouse No. 2022050391)
19
Location Map - Everett Street Terrace
PC ATTACHMENT 1
20
Aerial Map - Everett Street Terrace
21
General Plan
22
Zoning Map
23
PC ATTACHMENT 224
25
26
27
28
27'-7"37'-4"27'-9"26'-0"147'-7"120'-0"DRIVEWAYSOUTH SECTIONSOUTH ELEVATION95'-0"120'-0"ROLL UPGARAGE DOORROLL UPGARAGE DOORCHAIN LINK GATEREVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211. XXXXXKEY NOTESA2.10SOUTH ELEVATIONSDESIGN DEVELOPMENT29
26'-0"12'-4"26'-0"312'-0"35'-4"27'-3"SOUTH SECTIONSOUTH SECTIONEXISTING GRADEREVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211. XXXXXKEY NOTESA2.20SOUTH ELEVATIONSDESIGN DEVELOPMENT30
28'-4"26'-0"12'-4"28'-4"30'-2"26'-0"28'-4"27'-7"27'-7"26'-0"26'-0"28'-4"27'-7"312'-0"29'-0"28'-4"EL.= 546.25EL.= 552.2510'@8
%DRIVEWAY:110'@ 16.8%8'@10%17'-3"EAST ELEVATIONEAST SECTIONEAST SECTIONEAST SECTIONEAST DRIVEWAYRAMP: 45.5' @ 13.2%EXISTING GRADETOP OF PROPERTY LINEWALLTOP OF STAIR WALL72'48'EXISTING GRADEEXISTING GRADE304'-6"70'30'TOP OF CURB/WALL9'@16.8%4'@2%DRIVEWAYTOP OF WALLWROUGHT IRON RAILINGWROUGHT IRON RAILINGBLOCK RETAINING WALLREVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211. XXXXXKEY NOTESA2.30EAST ELEVATIONSDESIGN DEVELOPMENT31
26'-0"147'-7"312'-0"28'-4"26'-0"37'-2"26'-0"26'-0"26'-0"28'-4"26'-0"WEST SECTIONWEST ELEVATIONWEST SECTION72'EXISTING GRADETOP OF PROPERTY LINEWALLTOP OF STAIR WALL36'EXISTING GRADEEXISTING GRADE48'CONCRETE BUILDING WALLBLOCK RETAINING WALLNORTH END OF BLDG.EARTH BACKFILLWROUGHT IRON RAILINGCONCRETE BUILDING WALLREVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211. XXXXXKEY NOTESA2.40WEST ELEVATIONSDESIGN DEVELOPMENT32
OPEN BELOWMASTERBEDROOMBATHBALCONYCL13'-0"40'-2"5'-5"34'-9"5'-9"18'-9"2016 TR /2036 CS4028 TR /4050 CS /4016 AW4028 TR /4050 CS /4016 AW4016 TR /4036 CS4046 CS /4016 AW4046 CS /4016 AW4046 CS /4016 AW3068 FR28682868 PK2068BEDROOMBATHDININGKITCHENLIVING ROOMFIREPLACEPATIOCLCLW/D18'-9"44'-2"10'-5"4'-0"5'-9"13'-0"29'-9"4016 TR /4036 CS4016 TR /4036 CS2050 CS4016 TR /4036 CS2016 TR /2036 CS2016 TR /2036 CS2030 CS /2038 CS4016 TR /4036 CS4016 TR /4036 CS3068 FR28682668286820683068 FR5068 BPWH5'-5"2'-2"4'-0"4'-0"2122123.712212111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT A: 1ST FLOOR PLAN2UNIT A: 2ND FLOOR PLANUNIT A: SIDE ELEVATION5UNIT A: REAR ELEVATION4UNIT A: FRONT ELEVATION3A3.10UNIT: AFLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x33
MASTER
BEDROOM
BALCONY
BATHCLBATH
LIVING ROOM
BEDROOM
CL43'-11"6'-8"6'-4"5'-9"5'-6"15'-10"20'-1"2'-6"13'-2"14'-1"27'-3"8'-6"2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS2016 TR /2036 CS2426 TR /2450 CS /2416 AW3016 TR /3036 CS4016 TR /4040 CS4016 TR /4040 CS4046 CS /4016 AW4046 CS /4016 AW4046 CS /4016 AW3068 FR3022 TR286828687068 BP286828682868286818'-9"FPLCLIVING ROOM
DINING
KITCHEN
BEDROOM
CLBATH
43'-11"2'-6"20'-1"15'-8"5'-8"13'-2"14'-1"13'-0"5'-9"8'-6"27'-3"4016 TR /4040 CS2016 TR /2040 CS4016 TR /4040 CS4016 TR /4040 CS4016 TR /4040 CS2060 CS /2030 CS4016 TR /4040 CS4016 TR /4040 CS4060 CS /4016 AW4060 CS /4016 AW3068 FR3020 TR3068 FR3020 TR2868286820682668PR 20687068 BPWH3122122122122121111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT B: 1ST FLOOR PLAN2UNIT B: 2ND FLOOR PLAN3UNIT B: SIDE ELEVATION5UNIT B: REAR ELEVATION4UNIT B: FRONT ELEVATIONA3.20UNIT: BFLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x34
CL
FIREPLACE
BALCONY
ABOVE
KITCHEN
BATH
LIVING ROOM
MASTER
BEDROOM
BEDROOM
CL
CL
14'-1"13'-2"
27'-3"38'-7"8'-0"46'-7"41'-11"14'-10"12'-5"4'-8"4060 CS /4016 AW 4060 CS /4016 AW
4016 TR /
4040 CS
4016 TR /
4040 CS
4016 TR /4040 CS4060 CS /4016 AW4060 CS /4016 AW
2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS20310 CS /2030 CS4060 CS /4016 AW4060 CS /4016 AW4060 CS /4016 AW3068 FR3016 TR 3068 FR286828687068 BP28684668 BP
2668 2068
BALCONYABOVEWH
BEDROOM
MASTER
BEDROOM
LIVINGROOM
BATH
KITCHEN
BALCONY/
PATIO
FIREPLACE
CLCL
CL
ALTERNATE STAIR
LOCATION
27'-3"41'-11"46'-7"9'-6"14'-4"13'-2"
27'-3"
4056 CS /4016 AW 4056 CS /4016 AW
4016 TR /
4040 CS
4016 TR /
4040 CS
4016 TR /4040 CS4060 CS /4016 AW 4060 CS /4016 AW
2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS20310 CS /2030 CS4060 CS /4016 AW4060 CS /4016 AW4060 CS /4016 AW3068 FR
3010 TR 3068 FR286828682868 2068
2668
7068 BP
8068 BP
BALCONY/PATIOWH
4'-0"4'-0"3122123123123121entranceentrance4'-0"4'-0"2123123121111111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT C: 1ST FLOOR PLAN2UNIT C: 2ND FLOOR PLAN3UNIT C: SIDE ELEVATION5UNIT C: FRONT ELEVATION4UNIT C: SIDE ELEVATION6UNIT C: REAR ELEVATIONA3.30UNIT: CFLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x35
BATHBEDROOM
BEDROOM
CL
CL33'-9"14'-10"12'-5"
27'-3"2'-2"31'-7"4060 CS /
4016 AW 2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS4060 CS /4016 AW4016 TR /
4040 CS
4016 TR /
4040 CS
4060 CS /4016 AW 2016 TR /2040 CS
2868 28682868 2868 PK6068 BP
6068 BP6068 BP
OPEN
BELOW BEDROOMLIVING
ROOM
DINING
FPLCPATIO
CL
29'-4"4'-5"31'-7"2'-2"33'-9"14'-10"12'-5"
27'-3"
24'-9"2'-6"4016 TR /4040 CS4016 TR /4040 CS4016 TR /4040 CS
4060 CS /
4016 AW
4060 CS /
4016 AW
4060 CS /
4016 AW 2016 TR /2040 CS2016 TR /2040 CS4060 CS /4016 AW3068 FR
3016 TR3068 FR3022 TR2068 2868 2068
2868 2868PR 1668
6068 BP
WH
111111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT D: 1ST FLOOR PLAN2UNIT D: 2ND FLOOR PLAN5UNIT D: FRONT ELEVATION3UNIT D: RIGHT SIDE ELEVATION6UNIT D: REAR ELEVATION4UNIT D: LEFT SIDE ELEVATIONA3.40UNIT: DFLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x36
4046 CS /4016 AW4046 CS /4016 AW3068 FR2868LIVING ROOM
KITCHEN
DINING BATH
PATIO
CLW/D
BEDROOM
CL3068 FR2050 CS4016 TR /4036 CS4016 TR /4036 CS266828685068 BP2030 CS /2038 CS4016 TR /4036 CS2016 TR /2036 CS2016 TR /2036 CSWH13'-1"5'-8"5'-5"4'-10"33'-11"44'-2"40'-2"4'-0"18'-9"MASTER
BEDROOM
OPEN
BELOW
BATH
BALCONY
CL
4028 TR /4050 CS /4016 AW4028 TR /4050 CS /4016 AW4016 TR /4036 CS3068 FR2868 PK28684046 CS /4016 AW4046 CS /4016 AW4046 CS /4016 AW2016 TR /2040 CS13'-0"5'-9"18'-9"5'-5"20'-6"14'-3"34'-9"5'-5"4'-0"4'-0"2122123.712111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT A-1: 2ND FLOOR PLAN2UNIT A-1: 1ST FLOOR PLANUNIT A-1: SIDE ELEVATION5UNIT A-1: REAR ELEVATION4UNIT A-1: FRONT ELEVATION3A3.50UNIT: A-1FLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x37
MASTER
BEDROOM
BALCONY
BATH
CL
2016 TR /2040 CS2016 TR /
2036 CS
2426 TR /2450 CS /
2416 AW
3016 TR /3036 CS3068 FR
3022 TR28682868
2868
OPEN BELOW
CLBATH
BEDROOM
2016 TR /2040 CS4016 TR /4040 CS4016 TR /4040 CS 4016 TR /4040 CS
286828687068 BP7068 BP 22'-1"16'-6"5'-8"14'-8"12'-7"4'-0"40'-3"44'-3"6'-8"6'-4"5'-9"
27'-3"
8'-6"
18'-9"
BATHDININGKITCHEN
LIVINGROOM
FIREPLACE
BEDROOM 20684'-0"40'-3"14'-10"11'-7"4'-11"13'-0"5'-9"8'-6"
27'-3"44'-3"CL
12'-7"14'-8"7'-3"4016 TR /4036 CS 4016 TR /4036 CS4016 TR /4040 CS4016 TR /4040 CS
4016 TR /4040 CS2016 TR /2040 CS4016 TR /
4040 CS
4016 TR /
4040 CS4016 TR /4040 CS4016 TR /
4040 CS
5'-8"optional?WH2122122122123121111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT B-1: 1ST FLOOR PLAN2UNIT B-1: 2ND FLOOR PLAN3UNIT B-1: SIDE ELEVATION5UNIT B-1: REAR ELEVATION4UNIT B-1: FRONT ELEVATIONA3.60UNIT: B-1FLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x38
CL
FIREPLACE
BALCONY
ABOVE
KITCHEN
BATH
LIVING ROOM
MASTER
BEDROOM
BEDROOM
CL
CL
13'-9"12'-11"
26'-8"8'-0"46'-7"41'-11"14'-6"12'-2"4'-8"4060 CS /
4016 AW
4060 CS /
4016 AW
4016 TR /
4040 CS
4016 TR /
4040 CS
4016 TR /4040 CS4060 CS /4016 AW4060 CS /4016 AW
2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS20310 CS /2030 CS4060 CS /4016 AW4060 CS /4016 AW4060 CS /4016 AW3068 FR
3016 TR 3068 FR286828687068 BP28684668 BP
2668 2068
BALCONYABOVE
38'-7"WH
BEDROOM
MASTER
BEDROOM
LIVINGROOM
BATH
KITCHEN
BALCONY/
PATIO
FIREPLACE
CLCL
CL
ALTERNATE STAIR
LOCATION
26'-8"41'-11"46'-7"13'-9"12'-11"
26'-8"
4056 CS /
4016 AW
4056 CS /
4016 AW
4016 TR /
4040 CS
4016 TR /
4040 CS
4016 TR /4040 CS4060 CS /4016 AW 4060 CS /4016 AW
2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS20310 CS /2030 CS4060 CS /4016 AW4060 CS /4016 AW4060 CS /4016 AW3068 FR
3010 TR 3068 FR286828682868 2068
2668
7068 BP
8068 BP
BALCONY/PATIO
9'-6"WH
4'-0"4'-0"3122123123123121entranceentrance4'-0"4'-0"2123123121111111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT C-1: 1ST FLOOR PLAN2UNIT C-1: 2ND FLOOR PLAN3UNIT C-1: SIDE ELEVATION5UNIT C-1: FRONT ELEVATION4UNIT C-1: SIDE ELEVATION6UNIT C-1: REAR ELEVATIONA3.70UNIT: C-1FLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x39
CL
FIREPLACE
BALCONY
ABOVE
KITCHEN
BATH
LIVING ROOM
MASTER
BEDROOM
BEDROOM
CL
CL
13'-9"12'-11"
26'-8"38'-7"8'-0"46'-7"41'-11"14'-6"12'-2"4'-8"4060 CS /
4016 AW
4060 CS /
4016 AW
4016 TR /4040 CS 4016 TR /4040 CS
4016 TR /4040 CS4060 CS /4016 AW4060 CS /4016 AW
2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS20310 CS /2030 CS4060 CS /4016 AW4060 CS /4016 AW4060 CS /4016 AW3068 FR
3016 TR 3068 FR286828687068 BP28684668 BP
2668 2068
BALCONYABOVEWH
BEDROOM
MASTER
BEDROOM
LIVINGROOM
BATH
KITCHEN
BALCONY/
PATIO
FIREPLACE
CLCL
CL
ALTERNATE STAIR
LOCATION
26'-8"41'-11"46'-7"13'-9"12'-11"
26'-8"
4056 CS /
4016 AW
4056 CS /
4016 AW
4016 TR /
4040 CS
4016 TR /
4040 CS
4016 TR /4040 CS4060 CS /4016 AW 4060 CS /4016 AW
2016 TR /2040 CS2016 TR /2040 CS4016 TR /4040 CS20310 CS /2030 CS4060 CS /4016 AW4060 CS /4016 AW4060 CS /4016 AW3068 FR
3010 TR 3068 FR286828682868 2068
2668
7068 BP
8068 BP
BALCONY/PATIO
9'-6"WH
4'-0"4'-0"3122123123123121entranceentrance4'-0"4'-0"2123123121111111REVISION HISTORY - THIS SHEETEverett Street TerracesMoorpark, CaliforniastudiozhePrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.159 Moonsong CourtMoorpark, CA 930211UNIT C-2: 1ST FLOOR PLAN2UNIT C-2: 2ND FLOOR PLAN3UNIT C-2: SIDE ELEVATION5UNIT C-2: FRONT ELEVATION4UNIT C-2: SIDE ELEVATION6UNIT C-2: REAR ELEVATIONA3.80UNIT: C-2FLOOR PLANEXTERIOR ELEVATIONSDESIGN DEVELOPMENTTANKLESS WATER HEATERLEGENDKEYNOTES1. FLAT ROOF VENT, 11"x11"x5" [NET VENT AREA = 50 SQ. IN.]x40
Structural and Civil EngineeringSCALE: 1"=20'60201004041
20' SETBACK(AFFD)(AFFD)(AFFD)AAAAAACAAA5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"2'-6"3'-0"5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"3'-0"MEN'SCHANGINGROOMWOMEN'SCHANGINGROOM1ACACACACACACACACACACACACAC2GGASMETERSAAB1(AFFD)BCDEFGHIAKJ123457AABBCCDD6CCCA1AAAAAAAAUPACACACACACACACACACACACACACACACACACACACDNC1C1CCAACDDAAAABBBBDDACACACACACACACACACACACACACACACACACACACACACACACACACACBCDEFGHIAKJ123457AABBCCDD6ACCC1(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)AAAAAACAAA5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"2'-6"3'-0"5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"3'-0"MEN'SCHANGINGROOMWOMEN'SCHANGINGROOM1ACACACACACACACACACACACACAC2GGASMETERSAAB1(AFFD)20' SETBACKStructural and Civil EngineeringSCALE: 1"=20'602010042
20' SETBACK9'-10"10'-1"80'-0"13'-1"10'-0"277'-1"25' CLR59'-6"25' CLR(AFFD)(AFFD)(AFFD)AAAAAACAAA23'-5"B17'-3"6'-3"12'6'-3"41'44'-2"5'5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"2'-6"3'-0"5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"3'-0"MEN'SCHANGINGROOMWOMEN'SCHANGINGROOM1ACACACACACACACACACACACACAC2GGASMETERS(AFFD)AA20' SETBACKSCALE: 1"=20'602010Structural and Civil Engineering043
20' SETBACK(AFFD)(AFFD)(AFFD)AAAAAACAAA5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"2'-6"3'-0"5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"3'-0"MEN'SCHANGINGROOMWOMEN'SCHANGINGROOM1ACACACACACACACACACACACACAC2GGASMETERSAAB1(AFFD)ACCCA1AAAAAAAAUPACACACACACACACACACACACACACACACACACACACC1DNC1(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)AAAAAACAAA5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"2'-6"3'-0"5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"3'-0"MEN'SCHANGINGROOMWOMEN'SCHANGINGROOM1ACACACACACACACACACACACACAC2GGASMETERSAAB1(AFFD)20' SETBACKStructural and Civil EngineeringSCALE: 1"=20'602010044
20' SETBACKBCDEFGHIAKJ123457AABBCCDD6CCCA1AAAAAAAAUPACACACACACACACACACACACACACACACACACACACDNC1C1CCAACDDAAAABBBBDDACACACACACACACACACACACACACACACACACACACACACACACACACACBCDEFGHIAKJ123457AABBCCDD6ACCC1(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)(AFFD)AAAAAACAAA5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"2'-6"3'-0"5'-0"3'-0"5'-0"3'-8"17'-6"3'-0"3'-0"MEN'SCHANGINGROOMWOMEN'SCHANGINGROOM1ACACACACACACACACACACACACAC2GGASMETERSAAB1(AFFD)20' SETBACKSCALE: 1"=20'602010Structural and Civil Engineering045
SCALE: 1"=20'602010Structural and Civil Engineering040SECTION A-AWEST LEVATIONSECTION D-DSECTION E-EEAST ELEVATIONSECTION B-BSECTION C-C46
47
553.5CCCA1AAAAAAAA564.0564.0564.0564.0564.0C1C1CCAACDDAAAABBBBDD564.0564.0ACCC1K-342 2WELLWORTHTOIL ETSVITR EOUS CHINA
K-342 2WELLWORTHTOIL ETSVITR EOUS CHINA
K-342 2WELLWORTHTOIL ETSVITR EOUS CHINA
K-498 9- RFRESHMANC_URINAL SVITR EOUS CHINA
C1/C2(AFFD)AAAAAACAAAACACACACACACACACACACACACACGAAB1B1(AFFD)ACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACWALKWICKWALNUT CANYON ROADADJACENT VACANT LOTN.A.P.3612332455667789911101011111023232323232323231112121313141516151516164418181718181917191919192020202021202121212222222222 2222222424242423242525252526262727292928282927303030303031313131323232323737383940402929414141343434354242354133333342424232Reference Evapotranspiration (ETo) =51.1Hydrozone #/PlantingDescriptionPlant Factor(PF)IrrigationMethodIrrigationEfficiency(IE)ETAF(PF/IE)LandscapeArea (sq. ft.)ETAF x AreaEstimated TotalWater Use(ETWU)Regular Landscape AreaTrees0.50Bubbler0.810.62,0001,23539,114 Shrub &Groundcover0.50SubsurfaceDrip0.810.617,00010,494332,465Shrub &Groundcover0.30SubsurfaceDrip0.810.48,6003,185100,913Pottery0.50SubsurfaceDrip0.810.62001233,911Totals27,80015,037476,403Special Landscape AreasPool / Spa180080025,346Fountains11031033,263Totals80080028,609Estimated Total Water Use (ETWU)505,012Maximum Allowed Water Allowance (MAWA)509,763ETAF CalculationsRegularLandscapeAreasTotal ETAF xArea10,494Total Area 17,000Average ETAF0.62All LandscapeAreaTotal ETAF xArea11,294Total Area 28,600Sitewide ETAF0.39Preliminary ElementsJOB #2270-01zhestudioEverett Street TerracesMoorpark, CaliforniaPrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.195 Moonson Court, P.O. Box 471Moorpark, CA 9302124" INCH TALL PLANTERFOR SHRUBS & GROUNDCOVER(SOIL DEPTH 20" INCHESLIGHTWEIGHT SOIL MIX)LEGAL DESCRIPTION:CITY OF MOORPARKCORNER OF WALNUT CANYON ROADAND EVERETT STREETAPN 512-0-061-040, 512-0-061-050,512-081-060, 512-0-061-210,512-0-61-3101DATE 11-11-2021REVISED DATE 01-28-2022CONCEPTUAL IRRIGATION HYDROZONE STUDYWATER EFFICIENCY WORKSHEETNOT TO SCALE3'3'3'2'2'36" INCH TALL PLANTERFOR TREES, SHRUBS &GROUNDCOVER(SOIL DEPTH 34" INCHESLIGHTWEIGHT SOIL MIX)SCALE 1/4=1'0"ON DECK PODIUM RAISED PLANTERS / TYPICAL(NOT TO SCALE)PLAN VIEWSIDE ELEVATIONA.C. REDWOOD LATTICE SCREEN54" HEIGHT6' - 4" +/-5' - 0" +/-BUILDING VARIESBUILDING VARIESTOP LATTICE FOR TOP SCREENINGWHEN VISIBLE FOR ABOVE4" X 4" POST AND FOOTING AS REQUIRED(FRONT PANEL REMOVABLE FOR SERVICE)QCP POTTERY / LIGHTWEIGHTDUMOR TRASH RECEPTACLESLANCASTER LOUNGE CHAIRS AT POOL AREADUMOR BENCHLINEAR FOUNTAIN W/ FROTHY NOZZLESWALL FOUNTAINMIRACLE PLAY EQUIPMENT OR EQUALAT PLAYGROUND AREAPLAN VIEW OF PLAYGROUND AREA(NOT TO SCALE)ARTIFICIALTURFHANDICAPACCESS MATHANDICAPACCESS MATHANDICAP ACCESS MATIRRIGATION HYROZONE DESIGNATION(DESIGNATED BY NUMBERS ON MAP)MEDIUM WATER REQUIREMENTSVALVES: 1-3, 7-13, 15, 23-24, 30-36, 41-43, 46-48, 54-55LOW WATER REQUIREMENTSVALVES: 4-6, 14, 16-22, 25, 27-29, 37-40, 44-45, 49-53TREE BUBBLERSVALVES: ( 43), ( 44), ( 45), ( 46) ( 47), ( 48), ( 49), ( 50) ( 51), ( 52), ( 53), ( 54)PRELIMINARY WEIGHT STUDY - ON PODIUM DECKTHE BUILDING STRUCTURAL SUPPORT SHALL TAKE INTOCONSIDERATION BEYOND THE RAISED PLANTERS THAT WILL BECONSTRUCTED OF WOOD FRAMING WITH CUSTOM TUB INSERTSFOR WATERPROOFING OR 6" CMU LIGHTWEIGHT BLOCK,LIGHTWEIGHT SOIL, WATERPROOFING DRAINAGE AND PLANTS( BOTH CASE WITH OR WITHOUT TREES).IN THIS CASE IT IS ANTICIPATED TO USE THE FOLLOWING (WORSECASE)TO ESTABLISH A SQUARE FOOT WEIGHT FOR BOTH THE PLANTERTYPES WITH - SHRUBS ONLY, TREES WITH SHRUBS COMBINED.6" CMU LIGHTWEIGHT BLOCKS = 25 LBS / CU.FT.LIGHT WEIGHT SOIL MIX - WET = 40 LBS PLUS 8O LBS = 120 LBS /CU. FT. G.C. + SHRUBS (18" O.C.) = 8 LBS / CU. FT.DRAIN SYSTEM = 3 LBS / CU. FT.TOTAL WEIGHT FOR PLANTER SHRUBS ONLY AND WET SOIL IS158 LBS / CU.FT.FOR PLANTERS THAT ALSO HAVE PALMS - QUEEN PALMS(MATURE) 1800 LBS CU.YARD = 67 LBS CU.FT.TOTAL WEIGHT FOR PLANTERS THAT HAVE QUEEN PALMS = 225LBS CU.FT.48
553.5CCCA1AAAAAAAA564.0564.0564.0564.0564.0C1C1CCAACDDAAAABBBBDD564.0564.0ACCC1K-34 22WELLWORT HTO ILETSVITREOUS CHINA
K-34 22WELLWORT HTO ILETSVITREOUS CHINA
K-34 22WELLWORT HTO ILETSVITREOUS CHINA
K-49 89- RFRESHMANC_URINALSVITREOUS CHINA
C1/C2(AFFD)AAAAAACAAAACACACACACACACACACACACACACGAAB1B1(AFFD)ACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACACEXISTING SINGLEFAMILY RESIDENCEN.A.P.EXISTING SINGLEFAMILY RESIDENCEN.A.P.EXISTING SINGLEFAMILY RESIDENCEN.A.P.WALKTJAGHHJMLRECCMPOOLFOUNTAINPOOLEQUIP.TOGARAGESPAPLAYGROUNDMDNBBIGBKLKLLSOPWICKS ROADWALNUT CANYON ROADEVERETT STREETCCJQPFADJACENT VACANT LOTN.A.P.Preliminary Lighting PlanJOB #2270-01zhestudioEverett Street TerracesMoorpark, CaliforniaPrepared for:John C. Chiu, FLPNC/O :John Newton & Associates Inc.195 Moonson Court, P.O. Box 471Moorpark, CA 93021LEGEND(A) POOL SECURITY FENCE (IRON)(B) DROUGHT TOLERANT PLANT MATERIAL(C) IRON FENCE WITH PILASTERS(D) SPECIAL ENTRY PAVING(E) RAISED ON DECK PLANTERS WITH TREES & SHRUBS(F) ORNAMENTAL GRASSES(G) RAISED ON DECK PLANTERS WITHSHRUBS ONLY(H) OVERHEAD STRUCTURE AND ENTRY TRELLIS( I ) CASCADING VINES ATTACHED TO WALL / GREEN SCREEN(J) DECORATIVE COURTYARD AREA(K) FOUNTAIN AND COURTYARD AREA(ALL EQUIPMENT & PLANS SHALL CONFORMTO RECYCLED WATER USE REQUIREMENTS)(L) STAIRWAY ACCESS(M) SPECIAL PAVING(N) SPECIMEN TREES(O) MASONRY WALL(P) STREET TREE(Q) WATER METER(R) IRRIGATION CONTROLLER(S) SIDEWALK(T) PLAYGROUND(U) RECREATION AREA ( POOL AND SPA )PLANT LEGEND (TREES)SHRUBSALL SHRUBS 5 GALLON MINIMUMAloe spp.Aloe LAgave spp.Agave LCallistemon viminalis 'Little John'Dwarf Bottlebrush LCalylophus hartwegii spp.Sundrops LCeasalpinia Mexicana Mexican Bird of Paradise LCistus 'Sunset'Sunset Rockrose LColeonema pulchrum spp.Breath of Heaven MDianella spp.Flax Lily LHemerocallis HybridsDaylily Hybrids MLantana Montevidensis spp.Trailing Lantana LLaurus Nobilis.Sweet Bay LLavandula spp.Lavender LLeptospermum laevigatum spp.Australian Tea Tree LNandina spp.Heavenly Bamboo MPittosporum tobira spp.Tobira MRhaphiolepis indica 'Ballerina'Ballerina Indian Hawthorn LRosa 'Red Meidiland'Red Meidiland Rosa MRosa floribunda 'Iceberg'Iceberg Floribunda Rose MSalvia spp Sage LGROUNDCOVERDuchesnea indicaIndian Mock Orange MErigeron karvinskianusSanta Barbara Daisy LMyoporum p. 'Prostratum'Dwarf Myoporum LRosmarinus o. 'Lockwood de Forest' Prostrate Rosemary LAgromin ES2Bark Mulch NABotanical NameCommon Name WUCOLS Region 3PLANT LEGEND (SHRUBS & GROUNDCOVER)GRASSESBouteloua GracilisBlue Grama LFestuca Ovina 'Elijah Blue'Blue Fescue MLeymus condensatus 'Canyon Prince' Blue Lyme Grass LMuhlenbergia rigensDeer Grass LStipa tenuissimaMexican Feather Grass MVINESDistictis buccinatoria Blood-Red Trumpet Vine MHardenbergia Violacea Lilac Vine LLonicera Japonica Japanese Honeysuckle LPOTTERY SHRUBSAgave attenuata Agave MAloe spp.Aloe species LCordyline australisspp.Cordyline MLeptospermum scoparium spp.New Zealand Tea Tree MPhormium tenax spp.New Zealand Flax MStrelitzia reginaeBird of Paradise MBotanical Name Common Name WUCOLS R. 3 Size QuantityEXISTINGRESIDENCEN.A.P.NOTE:ALL AIR CONDITIONERS TO BE ADEQUATELYSCREENED FROM SIDE & TOP IN PUBLICAREAS IF PLANTER DEPTH IS NOT ENOUGHTO SCREEN.6' DIA X 64' DEEPSEEPAGE PIT6' DIA X 64' DEEPSEEPAGE PITPOWER POLEEXISTING STREET LIGHTEXISTING FIRE HYDRANTLEGAL DESCRIPTION:CITY OF MOORPARKCORNER OF WALNUT CANYON ROADAND EVERETT STREETAPN 512-0-061-040, 512-0-061-050,512-081-060, 512-0-061-210,512-0-61-3101LAND AREA: 2.438 ACRESNOTE:ALL COMMON IMPROVEMENTS TO BEMAINTAINED BY ASSOCIATIONNOTE:IRRIGATION SYSTEM SHALL BE STATE OFTHE ART DESIGN WITH A SMARTCONTROLLER AND SHALL MEET WELOCCOMPLIANCE AS WELL AS MAXIMUMALLOWED WATER USAGE (MAWA) ANDESTIMATED WATER USE (ETWU).LANDSCAPE AREA: 27,800 S.F.NOTE:ALL SLOPE PLANTING TO HAVE FULLCOVERAGE WITH IN 12 MONTHS OFINSTALLATIONEXISTING TREE MITIGATION REPLACEMENTPER THE CURRENT TREE REPORT ALL OF THEEXISTING TREES WILL BE REMOVED (ON SITE) ANDARE VALUED AT A COST OF $128,350.00 . THEPROJECT TREES WILL BE UP SIZED FROM A BASESIZE TO SPECIMEN SIZES AS FOLLOWS: ALL 15GALLON TREES WILL BE UP SIZED TO 36" BOX,A QUANTITY OF 24" BOX TREES WILL BE UP SIZEDTO 36" BOX, 48" BOX , 60" BOX AND 72" BOX SIZESAS NOTED IN THE LEGEND.PALM TREES (on interior of project & in raised planters)CHAMAEROPS HUMILIS MEDITERRANEAN FAN PALM L 24" BOXSYAGRUS ROMANZOFFIANA QUEEN PALM M 24" BOXEVERGREEN BROAD DOME TREESSCHINUS TEREBIN. BRAZILIAN PEPPER L 24" BOXULMUS PARVIFOLIA TRUE GREEML 24" BOXSMALL EVERGREEN FRUITING TREECITRUS (DWARF) (LEMON / ORANGE)M 15 GALFEIJOA (ACCA SELLOWIANA) PINEAPPLE GUAVAM 15 GALCOLORFUL TALL VERTICAL DECIDUOUS TREELIQUIDAMBER STYRACI. SWEET GUM M 15 GALDECIDUOUS CALIFORNIA NATIVEPLATANUS RACEMOSA CALIFORNIA SYCAMORE M 24" BOXEVERGREEN CALIFORNIA NATIVEQUERCUS AGRIFOLIA COAST LIVE OAKL 24" BOXSMALL COLORFUL EVERGREEN FLOWERING TREEARBUTUS 'UNEDO' STRAWBERRY TREEL 15 GALSMALL BROAD DOME TREE WITH COLORFUL FLOWERSLAGERSTROEMIA SPP LAGERSTROEMIA M 15 GALTALL VERTICAL EVERGREEN TREELOPHOSTEMON CONFERTUS BRISBANE BOX L 24" BOXCITY STREET TREE LAGERSTROEMIA ZUNI ZUNI CRAPE MYRTLE M 24" BOXMitigationreplacementupgrades36" BOX36" BOX60" BOX60" BOXNA36" BOX24" BOX72" BOX60" BOX72" BOX36" BOX36" BOX36" BOX36" BOX(36)(3)(1)(1)(7)(2)(11)(4)(4)(7)(14)(3)(31) (10)LIGHTINGFOUNTAIN LIGHT8' POLE LIGHTFLOOD LIGHTWELL LIGHTWALKWAY LIGHTSPOT LIGHTALL COURTYARDS & PATH'S WILLBE AESTHETICALLY ILLUMINATED WITHCONSIDERATION OF SAFETY,AESTHETICS & NIGHT SKY ORDINANCE.WALL LIGHTBIO-FILTER SHALLBE FILLED WITHHEMEROCALLIS(18" O.C.)DATE 11-11-2021REVISED DATE 01-28-202249
50
WHEREAS, on December 5, 2005, John Newton (Applicant) submitted a
development application for General Plan Amendment (GPA), Development Agreement
(DA), Zone Change (ZC), Vesting Tentative Tract Map (VTTM), Residential Planned
Development (RPD) and Amendment No. 4 to the Downtown Specific Plan (SPA) for the
subdivision of land and development of 60 attached multi-family residential condominium
units and associated improvements (Project, Proposed Project). The Project includes an
application for a GPA land use designation change of the 2.44 acres of land from High
Density Residential (H) to Very High Density Residential (VH), as well as a ZC fr om
Residential Planned Development (RPD -7-14U) to Residential Planned Development
(RPD-20-30U). The Project includes an amendment to Sections 2.2.3 and 2.3.3 of the
Downtown Specific Plan to expand density incentives when separate lots are combined
for residential purposes, in certain RPD zones. The request also includes a VTTM to
subdivide the property into one common area parcel and 60 residential condominium
units. The Project Site includes 2.44 acres, located on Assessor’s Parcel Numbers
[APNs] 512-0-061-310, 512-0 -061-320, 512-0 -061-050, 512-0 -061-060, 512-0-061-210
(Project Site, Site); and
WHEREAS, on May 18, 2022, the City of Moorpark Community Development
Department published pursuant to California Environmental Quality Act (CEQA) a Notice
of Intent to Adopt a Mitigated Negative Declaration (MND) for the Everett Street Terrace
Project (State Clearinghouse Number 2022050391) analyzing the Project’s potential
impacts on the environment and accepted public comments in accordance with CEQA
Guidelines Section 15105 for a period of 30 days, between May 18, 2022 and June 17,
2022; and
PC ATTACHMENT 3
RESOLUTION NO. PC-2022-674
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF GENERAL PLAN AMENDMENT NO. 2005-02,
DEVELOPMENT AGREEMENT NO. 2005-04, ZONE CHANGE NO. 2005-
02, VESTING TENTATIVE TRACT MAP NO. 5739, AND RESIDENTIAL
PLANNED DEVELOPMENT NO. 2005-02 FOR THE SUBDIVISION AND
DEVELOPMENT OF 60 RESIDENTIAL CONDOMINIUM UNITS ON 2.44
ACRES OF PROPERTY, LOCATED AT THE INTERSECTION OF
EVERETT STREET AND WALNUT CANYON ROAD, AND INCLUDING A
GENERAL PLAN AMENDMENT LAND USE DESIGNATION CHANGE
FROM HIGH DENSITY RESIDENTIAL TO VERY HIGH DENSITY
RESIDENTIAL, AMENDMENT NO. 4 TO THE DOWNTOWN SPECIFIC
PLAN, AND A ZONE CHANGE FROM RESIDENTIAL PLANNED
DEVELOPMENT (RPD-7-14U) TO RESIDENTIAL PLANNED
DEVELOPMENT (RPD-20-30U), AND ADOPTION OF A MITIGATED
NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON
THE APPLICATION OF JOHN NEWTON ON BEHALF OF JOHN C CHIU
FAMILY & N.
51
Everett Street Terrace Project
Resolution No. PC-2022-675
Page 2
WHEREAS, the City prepared written responses to all comments received on the
Draft MND and those responses to comments are incorporated into the Final MND; and
WHEREAS, at a duly noticed public hearing on July 26, 2022, the Planning
Commission considered the Final MND and the proposed Project, including the agenda
report and any supplements thereto, and written public comment; opened the public
hearing and took and considered public testimony both for and against the prop osal.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission
has read, reviewed, and considered the Initial Study and MND prepared for the project
prior to making a recommendation on the project. The Planning Commission concurs
with the Community Development Director that there is no substantial evidence that the
project or any of its aspects may cause a significant effect on the environment and
recommends adoption of the MND and Mitigation Monitoring and Reporting Program
(MMRP) prepared for this project.
SECTION 2. RESIDENTIAL PLANNED DEVELOPMENT FINDINGS: Based upon
the information set forth in the staff report, accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the site design, including structure location, size, height,
setbacks, massing, scale, architectural style and colors, and landscaping, is
consistent with the provisions of the general plan, zoning ordinance, and any other
applicable regulations. The proposed deviations from developments standards,
allowed pursuant to Moorpark Municipal Code (MMC ) 17.44.040.C, have been
found compatible with nearby residential developments.
2. As outlined in the Project record, including the agenda report, Final MND and
associated studies, the site design would not create negative impacts on or impair
the utility of properties, structures, or uses in the surrounding area. As proposed
and conditioned, the Project Site provides required parking, access improvements,
site lighting, utility upgrades, storm water biofiltration, and landscape
improvements necessary to serve the proposed use and prevent impacts to
adjacent properties. The proposed Conditions of Approval would ensure th e
proposed office use would not negatively impact the surrounding area.
3. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the proposed residential use and site improvements are
compatible with the existing and permitted uses in the surrounding area. The
52
Everett Street Terrace Project
Resolution No. PC-2022-675
Page 3
Project is compatible to similar nearby uses . The proposed Project includes
architectural elements, colors and materials similar to the nearby residential uses
and well-developed landscape plan which will help screen the residential
development from existing residential neighborhoods and nearby travel routes.
SECTION 3. VESTING TENTATIVE TRACT MAP FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Title 16 Subdivisions and the Subdivision Map Act:
1. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the VTTM conforms to the development standards applicable
to the General Plan, zoning and subdivision codes and other applicable standards
and guidelines. The proposed deviations from developments standards, allowed
pursuant to MMC 17.44.040.C, have been found compatible with nearby
residential developments.
2. As outlined in the Project record, inc luding the agenda report, Final MND and
associated studies, the design and proposed site improvements in the Project are
consistent with the development standards applicable to the General Plan, zoning
and subdivision codes, and other applicable standards and guidelines. The
proposed deviations from developments standards, allowed pursuant to MMC
17.44.040.C, have been found compatible with nearby residential developments.
3. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the site is physically suitable for the proposed residential
development, and proposed subdivision, in that all City development standards,
including access, have been met by the proposed project. The proposed design
and site improvements are consistent with the General Plan, zoning and
subdivision codes and other applicable standards and guidelines, except where
authorized to deviate as noted in MMC 17.44.040.C.
4. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the design of the subdivision and the proposed improvements
are not likely to cause substantial environmental effects. Pursuant to CEQA, the
Project includes an Initial Study and a Final MND which considered potential
significant environmental impacts associated with the Project. The Final MND
includes a Mitigation Monitoring and Reporting Programs which would reduce any
potential impacts to the environment to a less than significant level. Therefore, the
project would not cause substantial impacts to the environment.
5. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the design of the subdivision is not likely to cause serious
public health problems, in that adequate sanitation, publicly available water
53
Everett Street Terrace Project
Resolution No. PC-2022-675
Page 4
services, fire protection, and related infrastructure are both feasible, proposed, and
required as a condition of this development.
6. As outlined in the Project record, including the agenda report , Final MND and
associated studies, the design of the subdivision and the type of improvements
would not conflict with easements , as the Project has been designed to avoid
construction on an existing onsite Water District easement .
SECTION 4. DEVELOPMENT AGREEMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with Government Code Section 65402(a) and Moorpark Municipal Code 15.40.100:
1. The provisions of the Development Agreement are consistent with the General
Plan in that the Project will provide for the orderly developed of land identified in
the City’s General Plan and Zoning Ordinance as appropriate for residential
development and the Development Agreement will streng then the planning
process by providing vesting development rights, addressing the timing of
development, determine development fees and the provision of specific
community benefits, including parks and affordable housing.
2. The provisions of the Development Agreement and the assurances that said
agreement places upon the project are consistent with the provisions of Chapter
15.40 of the MMC because the Development Agreement contains the elements
required by Section 15.40.030 and shall be processed through a duly noticed
public hearing process as required by law.
SECTION 5. HILLSIDE DEVELOPMENT FINDINGS: Based upon the information
set forth in the staff report(s), accompanying studies, the Project Final MND and
appendices, and oral and written public testimony, the Planning Commission
recommends that the City Council finds that this Project is exempt from the provisions of
the Hillside Management Ordinance as permitted by Moorpark Municipal Code Section
17.38.030(M) because of the proposed Development Agreement associated with the
Project.
SECTION 6. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council the adoption of the Initial Study and MND
and associated MMRP as depicted in Exhibit F and the approval of GPA No. 2005-02 as
depicted in Exhibit D; DA No. 2005-04 as depicted in Exhibit B, ZC 2005-02 as depicted
in Exhibit D, SPA as outlined in Exhibit E; VTTM No. 5739 as depicted in Exhibit A, and
RPD No. 2005-02 subject to the Conditions of Approval found in Exhibit C attached.
54
Everett Street Terrace Project
Resolution No. PC-2022-675
Page 5
SECTION 7. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 26th of July, 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Attachments:
Exhibit A: Vesting Tentative Tract Map No. 5739
Exhibit B: Development Agreement
Exhibit C: Conditions of Approval
Exhibit D: Proposed General Plan Land Use and Zoning Map Amendments
Exhibit E: Proposed Downtown Specific Plan Text Amendment
Exhibit F: Initial Study / Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (State Clearinghouse No. 2022050391)
55
PC ATTACHMENT 3 - EXHIBIT A56
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57
58
LEGAL DESCRIPTION, LOT 1 TRACT 5739
Lots 11, 12, 13, and 14, Tract No. 2 of M. L. Wicks Subdivision of a part of Tract “U” and
addition to Moorpark, in the Rancho Simi, in the City of Moorpark, County of Ventura, State of
California, as per Map recorded in Book 5, Page 37 Miscellaneous Records, in the office of the
County Recorder of said County.
Except for the following four parcels:
PARCEL 1
That portion of said Lot 13 described as beginning at the intersection of the easterly line of said
Lot 13 and the northeasterly line of Walnut Canyon Rod, 40 feet wide, as shown on said map,
said northeasterly line being parallel to and 20 feet northeasterly of the centerline of said Walnut
Canyon Road; thence along the easterly line of said Lot 13;
1. North 00º30'26" East 2.79 feet to a line that lies 2.5' northeasterly of and parallel with said
northeasterly line of Walnut Canyon Road; thence along said parallel line,
2. North 62º59'34" West 64.09 feet; thence,
3. North 51º33'09" West 13.93 feet; thence,
4. North 59º39'09" West 35.42 feet to the westerly line of said Lot 13; thence along said
westerly line,
5. South 00º30'26" West 8.19 feet to said northeasterly line of Walnut Canyon Road; thence
along said northeasterly line,
6. South 62º59'34" East 110.69 feet to the intersection of the easterly line of said Lot 13 and
said northeasterly line of Walnut Canyon Road, said intersection being the point of
beginning of this description.
PARCEL 2
That portion of said Lot 12 described as beginning at the intersection of the northeasterly line of
Walnut Canyon Road, 40 feet wide, as shown on said map, and the westerly line of said Lot 12;
thence along said northeasterly line of Walnut Canyon Road,
1. South 62º59'34" East 1.44 feet; to the northerly line of Everett Street, 50 feet wide, as shown,
but not labeled “Everett Street” on said Map, said northerly line being parallel to and 25 feet
northerly of the centerline of said Everett Street; thence along said northerly line,
2. South 89º27'24" East 5.67 feet; thence,
3. North 63º12'21" West 7.76 feet to a point in said westerly line, that is distance 2.50 feet
northeasterly, measured at right angles from said northeasterly line of Walnut Canyon Road;
thence,
4. South 0º30'26" West 2.79 feet to the intersection of said northeasterly line of Walnut Canyon
Road and the westerly line of said Lot 12, said intersection being the point of beginning of
this description.
Page 1 of 2
59
PARCEL 3
That portion of said Lot 14 described as follows:
Beginning at the northeast corner of said Lot 14; thence along the north line thereof,
1. West 100 feet to the northwest corner thereof; thence along the west line thereof,
2. South 16 feet to a point; thence,
3. Northeasterly in a direct line to the point of beginning.
PARCEL 4
The southwesterly 10.00 feet of said Lot 14, as conveyed to the State of California by deed
recorded November 10, 1994 as Instrument 94-182298 of Official Records.
Also except that portion of Lot 14 lying within Wicks Road as described in Book 894, Page 399
in the office of said County Recorded
Page 2 of 2
60
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MOORPARK
AND
JOHN C. CHIU, FLP-N
PC ATTACHMENT 3 - EXHIBIT B
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2
DEVELOPMENT AGREEMENT
This Development Agreement the ("Agreement") is made and entered into on
______________, 2022 by and between the CITY OF MOORPARK, a municipal
corporation (referred to hereinafter as "City") and JOHN C. CHIU, FLP -N, the owner of
real property within the City of Moorpark that is governed by Residential Planned
Development Permit 2005-02 (referred to hereinafter as "Developer"). City and
Developer are referred to hereinafter collectively as a "Party" and collectively as the
"Parties." In consideration of the mutual covenants and agreements contained in this
Agreement, City and Developer agree as fo llows:
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 th e development of such property
in order to establish certainty in the development process.
1.2 Developer is the owner in fee simple of certain real property in the City of
Moorpark identified in the legal description set forth in Exhibit “A” which
exhibit is attached hereto and incorporated by reference, commonly known
as Everett Street Terraces Condominium, referred to hereinafter as the
“Property”.
1.3 Prior to, and in connection with, the approval of this Agreement, the City
Council reviewed the project to be developed pursuant to this Agreement
as required by the California Environmental Quality Act (“CEQA.”) On
__________, 2022, the City Council adopted Resolution No. 2022-____,
adopting the Mitigated Negative Declaration (“MND”) and Mitigation
Monitoring and Reporting Program the ("MMRP") prepared for this
Agreement and the Project Approvals as defined in Subsection 1.4 of this
Agreement.
1.4 General Plan Amendment (GPA) No. 2005-02, Zone Change (ZC) No.
2005-02, Amendment No. 4 to the Downtown Specific Plan (SPA),
Residential Planned Development (RPD) Permit No. 2005 -02, Vesting
Tentative Tract Map (TTM) No. 5739 including all subsequently approved
modifications and permit adjustments to the RPD Permit, VTTM, and all
amendments thereto (collectively "the Project Approvals"; individually "a
Project Approval") provide for the development of the Property with 60
townhouse condominiums and the construction of any improvements in
connection therewith ("the Project").
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1.5 By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project Approvals
and this Agreement. In consideration thereof, City agrees to limit the future
exercise of certain of its governmental and proprietary powers to the extent
specified in this Agreement.
1.6 By this Agreement, Developer desires to obtain the binding agreement of
City to permit the development of the Property in accordance with the
Project Approvals and this Agreement. In consideration thereof, Developer
agrees to waive its rights to legally challenge the limitations and conditions
imposed upon the development of the Property pursuant to the Project
Approvals and this Agreement and to provide the public benefits and
improvements specified in this Agreement.
1.7 City and Developer acknowledge and agree that the consideration that is to
be exchanged pursuant to this Agreement is fair, just and reasonable and
that this Agreement is consistent with the General Plan of City, as currently
amended.
1.8 On __________, 2022, the Planning Commission commenced a duly
noticed public hearing on this Agreement, and at the conclusion of the
hearing on ________, 2022 recommended approval of this Agreement.
1.9 On __________, 2022, the City Council of City (“City Council”) comme nced
a duly noticed public hearing on this Agreement and following the
conclusion of the hearing closed the hearing and introduced and provided
first reading to Ordinance No. ___ (“the Enabling Ordinance”) that approves
this Agreement. Thereafter on __________, 2022, the City Council gave
second reading to and adopted the Enabling Ordinance.
2. Property Subject To This Agreement. All of the Property shall be subject to this
Agreement. The Property may also be referred to hereinafter as "the site".
3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits
of the Agreement inure to, each Party and each successive successor in interest
thereto (subject to Subsection 3.2 below) and constitute covenants that run with
the Property. Whenever the terms "City" and "Developer" are used herein, such
terms shall include every successive successor in interest thereto.
3.1 Constructive Notice and Acceptance. Every person who acquires any right,
title or interest in or to any portion of the Property shall be conclusively
deemed to have consented and agreed to be bound by this Agreement,
whether or not any reference to the Agreement is contained in the
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instrument by which such person acquired such right, title or interest,
subject to Subsection 3.2 below.
3.2 Release Upon Subsequent Transfer. Upon the conveyance of Developer’s
interest in the Property or any portion thereof by Developer or its
successor(s) in interest, the transferor shall be released from its obligations
hereunder with respect to the portion of Property conveyed as of the
effective date of the conveyance, provided that the transferee expressly
assumes all obligations of the transferred portion of the Property and a
copy of the executed assignment and assumption agreement i s delivered
to the City prior to the conveyance. Failure to provide a written assumption
agreement hereunder shall not negate, modify or otherwise affect the
liability of the transferee pursuant to this Agreement. Nothing contained
herein shall be deemed to grant to City discretion to approve or deny any
such conveyance, except as provided in Subsection 6.13 of this Agreement
with respect to the sale of completed “affordable units” (as defined in that
subsection) to qualified buyers. Notwithstanding the foregoing, this
Agreement shall not be binding upon the transferee of a Completed Unit
with respect to the transferee’s interest in such Completed Unit, and the
rights and obligations of Developer under this Agreement shall not run with
the portion of the Property that is conveyed with the Completed Unit after
such conveyance of the Completed Unit by Developer or its successor in
interest. For purposes of this Agreement, “Completed Unit” means a
completed residential unit within the Property for which the City has issued
a certificate of occupancy.
4. Development of the Property . The following provisions shall govern the
subdivision, development and use of the Property.
4.1 Permitted Uses. The permitted and conditionally permitted uses of the
Property shall be limited to those that are allowed by the Project Approvals
and this Agreement.
4.2 Development Standards. All design and development standards, including
but not limited to density or intensity of use and maximum height and size
of buildings, that shall be applicable to the Property are set forth in the
Project Approvals and this Agreement.
4.3 Building Standards. All construction on the Property shall adhere to all City
building codes in effect at the time the plan check or permit is a pproved per
Title 15 of the Moorpark Municipal Code and to any federal or state building
requirements that are then in effect (collectively "the Building Codes").
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5
4.4 Reservations and Dedications. All reservations and dedications of land for
public purposes that are applicable to the Property are set forth in the
Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1 Vested Right to Develop, Timing of Development. Developer and its
successors in interest shall have the vested right to develop the Property in
accordance with the terms and provisions of the Project Approvals and this
Agreement. The Parties intend that this Agreement, together with the
Project Approvals, shall serve as the controlling document for all
subsequent actions, discretionary and ministerial, relating to the
development and occupancy of the Property, including, without limitation,
all Subsequent Approvals (as defined below). Developer shall have the
right, without obligation, to develop the Property in such o rder and at such
rate and times as Developer deems appropriate within the exercise of its
subjective business judgment.
No future amendment of any existing City ordinance or resolution, or future
adoption of any ordinance, resolution or other action, th at purports to limit
the rate or timing of development over time or alter the sequencing of
development phases, whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the Property
provided the Property is developed in accordance with the Project
Approvals and this Agreement. Nothing in this subsection shall be
construed to limit City's right to ensure that Developer timely provides all
infrastructure required by the Project Approvals, Subsequent Appro vals,
and this Agreement.
5.2 Amendment of Project Approvals. No amendment of any of the Project
Approvals, whether adopted or approved by the City Council or through the
initiative or referendum process, shall apply to any portion of the Property,
unless the Developer has agreed in writing to the amendment.
5.3 Issuance of Subsequent Approvals. Applications for land use approvals,
entitlements and permits, including without limitation subdivision maps (e.g.
tentative, vesting tentative, parcel, vesting parcel, and final maps),
subdivision improvement agreements and other agreements relating to the
Project, lot line adjustments, preliminary and final planned development
permits, use permits, design review approvals (e.g. site plans, architectural
plans and landscaping plans), encroachment permits, and sewer and water
connections that are necessary to or desirable for the development of the
Project (collectively "the Subsequent Approvals"; individually a
"Subsequent Approval") shall be consistent with the Project Approvals and
this Agreement. For purposes of this Agreement, Subsequent Approvals
do not include building permits.
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Subsequent Approvals shall be governed by the Project Approvals and by
the applicable provisions of the Moorpark General Plan, the Moorpark
Municipal Code and other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently adopted or approved
by the City Council or through the initiative or referendum process and in
effect at the time that the application for the Subsequent Approval is
deemed complete by City (collectively "City Laws"), except City Laws that:
(a) change any permitted or conditionally permitted uses of the Property
from what is allowed by the Project Approvals;
(b) limit or reduce the density or intensity of the Project, or any part
thereof, or otherwise require any reduction in the number of
proposed buildings or other improvements from what is allowed by
the Project Approvals;
(c) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the Project
in any manner, provided that all infrastructure required by the Project
Approvals to serve the portion of the Property covered by the
Subsequent Approval is in place or is scheduled to be in place prior
to completion of construction;
(d) are not uniformly applied on a citywide basis to all substantially
similar types of development projects or to all proper ties with similar
land use designations;
(e) prohibit or regulate development on slopes with grades greater than
20 percent, including without limitation Moorpark Municipal Code
Chapter 17.38 or any successor thereto, within the Property; or
(f) modify the land use from what is permitted by the City's General Plan
Land Use Element at the Operative Date of this Agreement or that
prohibits or restricts the establishment or expansion of urban
services including but not limited to community sewer systems to the
Project.
5.4 Modification of Approvals. Throughout the term of this Agreement,
Developer shall have the right, at its election and without risk to or waiver
of any right that is vested in it pursuant to this section, to apply to City for
modifications to Project Approvals and Subsequent Appro vals. The
approval or conditional approval of any such modification shall not require
an amendment to this Agreement, provided that, in addition to any other
findings that may be required in order to approve or conditionally approve
the modification, a finding is made that the modification is substantially
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consistent with this Agreement and does not alter the permitted uses or
increase the Project’s density, intensity, maximum height, size of buildings
or the amount of reservations and dedications as contained in the Project
Approvals.
5.5 Issuance of Building Permits. No building permit shall be unreasonably
withheld or delayed from Developer if Developer is in compliance with this
Agreement and the Project Approvals and Subsequent Approvals. In
addition, no final building permit, final inspection, or certificate of occupancy
will be unreasonably withheld or delayed from Developer if all infrastructure
required by the Project Approvals, Subsequent Approvals, and this
Agreement to serve the portion of the Property covered by the final building
permit is in place or is scheduled to be in place prior to completion of
construction, the Developer is in compliance with all provisions of this
Agreement, the Project Approvals and Subsequent Approvals, and all of the
other relevant provisions of the Project Approvals, Subsequent Approvals
and this Agreement have been satisfied. Consistent with Subsection 5.1 of
this Agreement, in no event shall building permits be allocated on any
annual numerical basis or on any arbitrary allocation basis.
5.6 Moratorium on Development. Nothing in this Agreement shall prevent City,
whether by the City Council or through the initiative or referendum process,
from adopting or imposing a moratorium on the processing and issuance o f
Subsequent Approvals and building permits and on the finalizing of building
permits by means of a final inspection or certificate of occupancy, provided
that the moratorium is adopted or imposed (i) on a Citywide basis to all
substantially similar types of development projects and properties with
similar land use designations and (ii) as a result of a utility shortage or a
reasonably foreseeable utility shortage including without limitation a
shortage of water, sewer treatment capacity, electricity or natural gas.
6. Developer Agreements.
6.1 Development as a Residential Project. Developer shall comply with (i) this
Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for
which it was the applicant or a successor in interest to the applicant and (iv)
the MMRP of the MND and any subsequent or supplemental environ mental
actions. Developer agrees not to apply for any non -residential uses on the
Property. The clubhouse and private recreational facilities are considered
to be part of the residential uses.
6.2 Condition of Dedicated or Conveyed Property. All lands and interests in
land dedicated to City shall be free and clear of liens and encumbrances
other than easements or restrictions that do not preclude or interfere with
use of the land or interest for its intended purpose, as reasonably
determined by City.
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6.3 Development Fee Per Unit. As a condition of the issuance of a building
permit for each residential dwelling unit within the Property, Developer shall
pay City a one-time development fee as described herein (the
“Development Fee”). The Development Fee may be expended by City in
its sole and unfettered discretion. The amount of the Development Fee
shall be Ten Thousand Nine Hundred Eighty-Nine Dollars and Twenty
Cents ($10,989.20) per residential unit. The Development Fee shall be
adjusted annually commencing January 1, 2025, by the Consumer Price
Index (CPI). The annual CPI adjustment shall be determined by using the
information provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The calculation
shall be made using the month of January over the prior January.
In the event there is a decrease in the referenced Index for any annual
indexing, the current amount of the fee shall remain until such time as the
next subsequent annual indexing which results in an increase.
6.4 Traffic Mitigation Fee. As a condition of the issuance of a building permit
for each residential dwelling unit within the boundaries of the Property,
Developer shall pay City a one-time traffic mitigation fee as described herein
(“Citywide Traffic Fee”). The Citywide Traffic Fee may be expended by City
in its sole and unfettered discretion. The amount of the Citywide Traffic Fee
shall be Fourteen Thousand Eight Hundred Sixty-One Dollars and Ninety-
Four Cents ($14,861.94) per residential unit. The Citywide Traffic Fee shall
be adjusted annually commencing January 1, 2025, and annually thereafter
by the change in the Caltrans Highway Bid Price Index (Bid Price Index) for
Selected California Construction Items for the twelve (12) month period
available on December 31 of the preceding year (“annual indexing”). In the
event there is a decrease in the Bid Price Index for any annual indexing, the
current amount of the fee shall remain until such time as the next
subsequent annual indexing which results in an increase.
6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall
pay the LAAOC fee in effect at the time of building permit issuance for each
residential dwelling unit within the Property.
6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included
in the City Council approved MND and MMRP, or subsequent
environmental clearance document approved by the Council, set forth the
mitigation requirements for air quality impacts. Developer agrees to pay to
City an air quality mitigation fee, as described herein (“Air Quality Fee”), in
satisfaction of the Transportation Demand Management Fund mitigation
requirement for the Project. The Air Quality Fee may be expended by City
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in its sole discretion for reduction of regional air pollution emissions and to
mitigate residual Project air quality impacts.
The Air Quality Fee shall be Two Thousand Forty-One Dollars and Thirty-
Six Cents ($2,041.36) per residential dwelling unit within the Property to be
paid prior to the issuance of a building permit for each residential dwelling
unit in the Project. If the Air Quality Fee is not paid by January 1, 2025, then
commencing on January 1, 2025, and annually thereafter, the Air Quality
Fee shall be adjusted by any increase in the Consumer Price Index (CPI)
until all fees have been paid. The CPI increase shall be determined by using
the information provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The calculation
shall be made using the month of October over the prior month of October.
In the event there is a decrease in the CPI for any annual indexing, the fee
shall remain at its then current amount until such time as the next
subsequent annual indexing which results in an increase.
6.7 Park Fees. Prior to the issuance of a building permit for each residential
dwelling unit within the Property, Developer shall pay a one -time fee in lieu
of the dedication of parkland and related improvements (“Park Fee”). The
amount of the Park Fee shall be Twelve Thousand Five Hundred Forty-Two
Dollars and Two Cents ($12,542.02) for each residential dwelling unit within
the Property. If the Park Fee is not paid by January 1, 2025, the Park Fee
shall be adjusted annually commencing January 1, 2025, by the larger
increase of a) or b) as follows:
(a) The change in the CPI. The change shall be determined by using the
information provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the Los
Angeles/Long Beach/Anaheim metropolitan area during the prior
year. The calculation shall be made using the month of October over
the prior October; or
(b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index (Bid Price Index) for Selected California
Construction Items for the twelve (12) month period available on
December 31 of the preceding year (annual indexing).
In the event there is a decrease in both of the referenced Indices for
any annual indexing, the Park Fee shall remain at its then current
amount until such time as the next subsequent annual indexing
which results in an increase.
Developer agrees that the above-described payments shall be
deemed to satisfy the parkland dedication requirement set forth in
California Government Code Section 66477 et seq. for the Property.
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(c) In the event Developer provides offsite open space or constructs
significant offsite landscaping improvements that add to the overall
visual aesthetics of the project, are visible from Walnut Canyon, abut
the Project, and are to the satisfaction of the City Manager at his or
her sole discretion, such costs for construction shall be cred ited on a
dollar-for-dollar basis toward the Park Fee.
6.8 Community Services Fee. As a condition of issuance of a building permit
for each residential dwelling unit within the boundaries of the Project,
Developer shall pay City a one-time community services fee as described
herein (Community Services Fee). The Community Services Fees may be
expended by City in its sole and unfettered discretion. The amount of the
Community Services Fee shall be Three Thousand Two Hundred Twenty-
Five Dollars and Nine Cents ($3,225.09) per residential dwelling unit.
Commencing on January 1, 2025, and annually thereafter, the Community
Services Fee shall be adjusted by any increase in the Consumer Price Index
(CPI) until all Community Service Fee have been pai d. 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 a nnual indexing
which results in an increase.
6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places
Fee (Art Fee) in effect at the time of building permit issuance for each
building prior to the issuance of the building permit for that residential
building within the Project consistent with City Resolution No. 2005-2408 or
any Successor Resolution (1.0 percent of total building valuations excluding
land value and off-site improvement costs).
6.10 Other Development and Processing Fees. In addition to fees specifically
mentioned in this Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said fees include but are
not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, drainage, entitlement processing fees, and plan check and permit
fees for buildings and public improvements. Developer further agrees that
unless specifically exempted by this Agreement, it is subject to all fees
imposed by City at the Operative Date of this Agreement and such future
fees imposed as determined by City in its sole discretion so long as such
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fees are imposed on projects similar to the Project or on prop erty similar to
the Property.
6.11 Processing Fees. On the Operative Date, Developer shall pay all
outstanding City processing costs related to preparation of this Agreement,
the Project Approvals and the MND.
6.12 Community Facilities District
(a) It is the mutual intent of the Parties that the development of the Project will
not have any impact on or require any contribution from the General Fund
of the City. To facilitate such intent, the City and Developer shall use
reasonable efforts to form a Community Facilities District(s) (“CFD”),
pursuant to Chapter 2.5 of Part 1 of Division 2 of the California
Government Code (the “CFD Act”), for the purposes of financing facilities
and services required to be constructed, provided or funded under this
Agreement, as the City determines are lawfully and appropriately financed
by the CFD. Such facilities and services may include but are not limited to:
public facility fees, construction and installation of landscaping, and future
costs for the maintenance of landscaping and irrigation of the landscaped
areas.
(b) Developer shall, prior to issuance of a Zoning Clearance for the first
building permit or the approval of any final map : (i) file with the City a
petition for the formation of the CFD, (ii) provide any d eposit required by
Section 53318 of the CFD Act, (iii) not oppose formation of the CFD and
(iv) vote in favor of the special tax to fund the CFD.
(c) Developer acknowledges and agrees that the City will not accept any
improvements or facilities to be maintained by the CFD nor shall the
Developer receive any payments from the CFD for any improvements or
facilities until such facilities and improvements have been inspected and
the City determines in its reasonable discretion, that such improvements
and facilities have been completed in accordance with the applicable
plans and have no liens outstanding.
6.13 Densities Allowed for Development and Affordable Housing .
(a) Developer agrees that densities vested and incentives and
concessions received in the Project Approvals include all densities
available as density bonuses and all incentives and concessions to
which Developer is entitled under the Moorpark Municipal Code,
Government Code Sections 65915 through 65917.5 or both;
Developer shall not be entitled to further density bonuses or
incentives or concessions and further agrees, in consideration for the
density bonus obtained through the Project Approvals that is greate r
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than would otherwise be available, to provide a total of nine (9)
housing units. Six (6) of the nine (9) total units shall have a minimum
of one thousand one hundred (1,100) square feet and be designated
affordable for low-income households (not to exceed 80% of median
income adjusted for family size). Five (5) of those six (6) units shall
each have a minimum of two (2) bedrooms, two (2) bathrooms. The
remaining one (1) unit shall have a minimum of two (2) bedrooms,
one (1) bathroom. Three (3) of the nine (9) total units shall have a
minimum of 1,000 square feet and be designated affordable for very
low-income households (not to exceed 50% of median income
adjusted for family size). One (1) of those three (3) units shall have
a minimum of two (2) bedroo ms and two (2) bathrooms. The
remaining two (2) units shall have a minimum of two (2) bedrooms
and one (1) bathroom each. The location of each of the units on the
Property will be determined in consultation with the City to ensure
there is a sufficient mix of affordable units available on each floor of
the Project. These nine (9) housings units may be referred to as
affordable units or units affordable to low or very low-income
households or required affordable units, as set forth above.
(b) Developer explicitly acknowledges that its agreement to construct
these affordable units is given both as specific consideration for both
the density bonus and in general as consideration for City’s
willingness to negotiate and enter into this Agreement and for the
valuable consideration given by City through this Agreement.
Developer further acknowledges that its agreement to construct
these affordable units is not the result of an existing policy or
regulation imposed by City but instead is the result of arm’s length
negotiation between Parties.
(c) Developer further agrees that it shall provide the required number of
affordable housing units as specified above regardless of the cost to
acquire or construct said housing units. Developer further agrees
that City has no obligation to use eminent domain proceedings to
acquire any of the required affordable housing units and that this
Subsection 6.13 is specifically exempt from the requirements of
Subsection 7.2.
(d) Prior to recordation of the first Final Map for thi s Project, the Parties
agree to execute an Affordable Housing Purchase and Sale
Agreement (Affordable Housing Agreement) that sets forth the
Developer’s and City’s obligations and provides procedures and
requirements to ensure that all of the required affo rdable housing
units are provided consistent with this Agreement and applicable
State laws and remains affordable for the longest feasible time. The
Affordable Housing Agreement shall include but not be limited to the
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following items: initial purchase pri ce, market value, buyer eligibility,
affordability and resale covenants and restrictions, equity share and
second trust deed provision, respective role of City and Developer,
the responsibility of providing the affordable units by each developer
in the event of successors and/or assigns to this Agreement, quality
of and responsibility for selection of amenities and applicability of
home warranties to meet all or a portion of its obligation and any
other items determined necessary by the City. Developer sha ll pay
the City’s direct costs for preparation and review of the Affordable
Housing Agreement up to a maximum of ten thousand Dollars
($10,000.00).
(e) All affordable units shall meet the criteria of all California Health and
Safety Code statutes and implementing regulations pertaining to for-
sale Affordable Housing units so as to qualify as newly affordable to
low-income households and to satisfy a porti on of the City’s RHNA
obligation. The affordable units required by this Agreement are
consideration for City’s entry into this Agreement and therefor none
of the affordable units shall duplicate or substitute for the affordable
housing requirement of any other developer or development project.
All subsequent approvals required of City under this Subsection 6.13
shall be made at City’s sole discretion. If any conflict exists between
this Agreement and the Affordable Housing Agreement required by
and negotiated pursuant to this Agreement or the conditions of
approval for Tentative Tract Map No. 5739 and/or RPD Permit No.
2005-02, then the Affordable Housing Agreement shall prevail.
(f) In the event the monthly HOA fees exceed two hundred dollars
($200.00), Developer shall deposit one hundred twenty dollars
($120.00) for each dollar or portion thereof of the monthly HOA fees
that are in excess of two hundred dollars ($200.00) into a City
administered trust account to assist with future HOA fees for each
affected unit.
(g) The Affordable Sales Price for low -income buyers shall not exceed
affordable housing cost, as defined in Sec. 50052.5(b) (3) of
California Health and Safety Code. Section 50052.5(h) of the
California Health and Safety Code provides that an appropriate
household size in terms of determining purchase price, is one more
person than the number of bedrooms. This means that the pricing
for a two (2) bedroom unit will be based on a household of three (3)
regardless of the actual size of the household purchasing the unit.
For example, the monthly “affordable housing cost” for a two (2)
bedroom unit would be 30% times 70% of the current median income
for a household of three (3) in Ventura County, divided by twelve
(12). This monthly amount includes the components identified in
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Section 6920 of Title 25 of the California Code of Regulation shown
below (See Section 50052.5(c) of the Health and Safety Code). The
Affordable Sales Price for a low-income household purchasing a two
(2) bedroom unit under current market conditions, based upon the
following assumptions:
Item Detail Amount 2 Bedroom
Affordable
Sale $175,500.00
Down Payment 5% of Affordable Sales Price $8,775.00
Loan Amount Affordable Sales Price less
Down $166,725.00
Interest Rate 4.875%
Monthly
Property Tax
1.25% of Initial
Purchase Price $183.00
LMD Not Currently N/A
HOA $200.00
Fire Insurance $60.00
Maintenance $20.00
Utilities $190.00
Low Income Buyer
The Affordable Sales Price for very-low-income buyers shall not
exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of
California Health and Safety Code. Section 50052.5(h) of the
California Health and Safety Code provides that an appropriate
household size in terms of determining purchase price, is one more
person than the number of bedrooms. This means that the pricing
for a two (2) bedroom unit will be based on a household of three (3)
regardless of the actual size of the household purchasing the unit.
For example, the monthly “affordable housing cost” for a two (2)
bedroom unit would be 30% times 50% of the current median income
for a household of three (3) in Ventura County, divided by twelve
(12). This monthly amount includes the components identified in
Section 6920 of Title 25 of the California Code of Regulation shown
below (See Section 50052.5(c) of the Health and Safety Code). The
Affordable Sales Price for a very-low-income household purchasing
a two (2) bedroom unit under current market conditions, based upon
the following assumptions:
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(h) The assumptions associated with the above purchase price figures
for low-income households include a 5% down payment, based on
Affordable Sales Price for a two (2) bedroom unit, mortgage interest
rate of 4.875%, no mortgage insurance, property tax rate of 1.25%,
based on Affordable Sales Price, homeowners’ association dues of
$200.00 per month, fire insurance of $60.00 per month, maintenance
costs of $20.00 per month, and utilities of $190.00 per month for a
two (2) bedroom unit.
(I) Developer acknowledges that changes in market conditions may
result in changes to the Affordable Sales Price, down payment
amounts, mortgage interest rates, and other factors for both low
income and very low-income buyers. Furthermore, if “affordable
housing cost”, as defined in Section 50052.5 of California Health and
Safety Code, should change in the future, the above guidelines will
be modified. The Affordable Housing Purchase and Sale Agreement
negotiated pursuant to this Agreement shall address this potential
change.
Developer acknowledges that amounts listed in the “Low Income
Buyer” and “Very-low Income Buyer” tables in Subsection 6.13(g),
above, are for illustration purposes only and are subject to change.
(j) In the event the City, at its sole discretion purchases one or more of
the units from Developer in lieu of a qualified buyer, the Affordable
Sales Price shall be based on a household size appropriate to the
Item Detail Amount
3 BedroomAffordable
Sale $103,000
Down Payment 5% of Affordable
Sales Price $5,150
Loan Amount Affordable Sales
Price less Down $97,850
Interest Rate 4.875%
Monthly
Property Tax
1.25% of Initial
Purchase Price $107
LMD Not Currently N/A
HOA $200
Fire Insurance $60
Maintenance $20
Utilities $190
Very - Low Income Buyer
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number of bedrooms in the unit being purchased by the City,
consistent with all requirements of this Subsection 6.13. Developer
agrees that pursuant to City’s rights under this Agreement and/or the
Affordable Housing Agreement and prior to and upon the sale of a
required unit to a qualified buyer (or City in lieu of a qualified buyer
as determined by City at its sole discretion), City may at its sole
discretion take any actions and impose any conditions on said sale
or subsequent sale of the unit to ensure ongoing affordability to low-
income households and related matters. After the sale of a housing
unit by Developer to a qualified buyer (or City in lieu of a qualified
buyer as determined by City at its sole discretion), City, not
Developer, shall have sole responsibility for approving any
subsequent sale of that housing unit.
(k) Developer agrees that City shall be responsible at its sole discretion
for marketing the affordable units, selecting and qualifying eligible
buyers for these units, and overseeing the escrow processes to sell
the affordable units to low income households, p roviding the forms
of Deed of Trust, Promissory Note, Resale Refinance Restriction
Agreement and Option to Purchase Property and Notice of
Affordability Restriction on Transfer of Property and all necessary
contracts and related documents to ensure that the referenced
affordable units remain occupied by low income households for the
longest feasible time (the “Affordability Documents”). Developer
further agrees that the difference between the Affordable Sales Price
(as referenced in this Agreement) paid by a qualified buyer and
market value shall be retained by City as a second deed of trust.
(l) Developer shall pay closing costs for each affordable unit, not to
exceed eight thousand dollars ($8,000.00). Beginning January 1,
2025, and on January 1st for each year thereafter, the maximum
eight thousand dollars ($8,000.00) to be paid for closing costs shall
be increased annually by any percentage increase in the Consumer
Price Index (CPI) for All Urban Consumers for Los Angeles/Long
Beach/Anaheim metropolitan area during the prior year. The
calculation shall be made using the month of October over the month
of October. In the event there is a decrease in the CPI for any annual
indexing, the closing costs for each affordable unit shall remain at its
then current amount until such time as the next subsequent annual
indexing which results in an increase. The referenced Developer
funded closing costs shall be for the benefit of qualified buyers (or
City in lieu of qualified buyers if one or more of the required units are
purchased by the City) in their acquisition of a unit from Developer
not Developer’s acquisition of a unit from one or more third parties.
The Developer’s escrow cost shall not exceed the then applicable
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maximum amount per unit regardless of the number of escrows that
may be opened on a specific unit.
(m) Developer warrants that the quality of materials and construction
techniques of the affordable units sold to the qualified low-income
buyers, or City shall in all manner be identical to that of all other units
constructed in this Project and subject to all Conditions of Approval
and shall meet all Building Codes.
(n) The City shall have the same choices of basic finish options as
purchasers of market rate units in this Project and final walk-through
approval of condition of unit before close of sale. Any basic finish
options provided to buyers of market rate units shall be provided to
City or buyer(s) of the affordable units, including but not limited to
color and style choices for carpeting and other floor coverings,
counter tops, roofing materials, exterior stucco and trim of any type,
fixtures, and other decorative items. City staff person responsible for
affordable housing will select basic finish options for the affordable
units.
(o) Developer agrees that all warranties for the affordable units shall be
the same or better than those for the market rate units, all such
warranties shall inure to the benefit of and be enforceable by the
ultimate occupants of the affordable units and that al l warranties by
subcontractors and suppliers shall inure to the benefit of and be
enforceable by such occupants. The home warranties for the
affordable units shall be the same duration as the warranties for the
market rate units and not less than the mini mum time required by
State law but in no event less than ten (10) years.
(p) Developer agrees to provide the same amenities for the affordable
units (purchased by the low-income buyer, or City) as those
amenities that are provided for the market rate units. The amenities
shall include but not be limited to concrete roof tiles; air
conditioning/central heating; garage door opener; fireplaces;
washer/dryer hook-ups; garbage disposal; built-in dishwasher, stove,
oven and microwave; windows; wood cabinets; shelving; counter-
tops; floor coverings; window coverings; electrical outlets, lighting
fixtures and other electrical items; plumbing fixtures including sinks,
bathtubs and showers; and door and cabinet hardware, and shall all
be of the same quality and quantity as provided in the Project’s
market rate units as determined by the City’s Community
Development Director and City staff person responsible for City’s
Affordable Housing Programs.
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(q) The floor plan and size of the units shall be approved by the
Community Development Director and the City staff person
responsible for City’s Affordable Housing Programs, and each unit
must include a downstairs bathroom.
(r) The Parties agree that prior to and upon the sale of an affordable unit
to a qualified buyer or City, City may at its sole discretion take any
actions and impose any conditions on buyer eligibility and on said
sale or subsequent sale of the unit to ensure ongoing affordab ility to
low-income households and related matters. Developer agrees if it
sells any of the affordable units directly to qualified low-income
buyers, all requirements of the buyer, including, but not limited to,
completion of a City approved homebuyer education training
workshop and the Affordability Documents, shall be included as a
requirement of the sale. The language of all such documents shall
be approved by City at its sole discretion. City has sole discretion in
selecting lenders, escrow and title companies and real estate
professionals to assist with the sale of the affordable units.
(s) In the event City is unable to provide a qualified buyer when one of
the affordable units has received final inspection approval,
Developer shall be allowed to continue to obtain building permits
and/or final inspection approval for the non-affordable units. Any
affordable units remaining unsold six (6) months after the final
inspection approval of the 60th unit will be purchased by the City,
which will also be provided for in the Affordable Housing Agreement.
Developer is required to maintain affordable units in move -in
condition until such time as the City finds a buyer. For purposes of
this schedule, final inspection approval requires approval of the
City’s Building Official and Community Development Director.
(t) Developer also agrees that subsidiaries, divisions or affiliates of
Developer may not be used to provide lending, escrow or other
services relevant to the purchase transactions for the affordable
units.
(u) If a qualified low-income buyer is identified by City prior to or at the
time of final inspection approval of any of the affordable units,
Developer shall open escrow for the sale of said unit, which will also
be provided for in the Affordable Housing Agreement and shall enter
escrow directly with the buyer identified by City and proceed to
closing of said escrow. If a qualified low or very -low-income buyer
has not been identified at the time Developer receives final
inspection approval for an affordable unit, City, at its option, may
agree to purchase the affordable unit required to be provided by
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Developer for the amount and at the time as provided for in this
agreement. Developer and City agree to use their best efforts to
complete the close of escrow within forty-five (45) days of the final
inspection approval of an affordable unit.
(v) Developer shall satisfy all mechanic’s, laborer’s, material man’s,
supplier’s, or vendor’s liens and any construction loan or other
financing affecting any unit or lot in the Project which has been
designated for an affordable unit, before the close of escrow for that
affordable unit.
(w) Developer agrees that the required construction of the low-income
affordable units must receive final inspection approval by Developer
on terms consistent with this Agreement and the Affordable Housing
Agreement as specified in the following schedule:
Prior to
Occupancy of
Number of
Affordable Units
20th Unit 3
40th Unit 3
60th Unit 3
Total 9
(x) The required affordable units within the Project shall be designated
as unit (may also be referred to as pad or lot) numbers in the
Buildings within the Project consistent with Exhibit “C” attached
hereto and incorporated herein. The City Manager or the C ity
Manager’s designee may approve in writing different unit numbers
within the Project so long as the units maintain the minimum square
footage requirements set forth in paragraph (a) above.
(y) Developer shall provide the initial buyer of each Completed Unit in
the Project a disclosure that the Project includes nine (9) residential
dwelling units that will be sold to qualified low or very -low-income
households, as the case may be. The disclosures shall also state
that these nine (9) residential dwelling units have deed restrictions
recorded on their title that restrict the re-sale of these units only to
qualified low-income buyers. The form and language of the
disclosure shall be approved by the City Attorney and Community
Development Director and shall conform to all requirements of the
applicable State agencies pertaining to real estate disclosures.
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6.14 Annual Review Procedures. Developer agrees to comply with Section
15.40.150 of the Moorpark Municipal Code and any provision amendatory
or supplementary thereto for annual review of this Agreement and further
agrees that the annual review shall include evaluation of its compliance with
the approved MND and MMRP.
6.15 Eminent Domain. Developer agrees that any election to acquire property
by eminent domain shall be at City’s sole discretion, and only after
compliance with all legally required procedures including but not limited to
a hearing on a proposed resolution of necessity.
6.16 Implementation Plan. Prior to the submittal of an application for any
subdivision, or any other development project or entitlement application,
Developer shall submit and gain approval from City Council a plan to
guarantee the Developer agreements con tained in this Agreement and in
the conditions of approval for the VTTM and RPD. The plan shall address
the entities responsible and method and timing of guarantee for each
component of Developer’s obligations and is subject to City approval at its
sole discretion.
6.17 Fee Protest Waiver. Developer agrees that any fees and payments
pursuant to this Agreement and for the Project shall be made without
reservation, and Developer expressly waives the right to payment of any
such fees under protest pursuant to California Government Code Section
66020 and statutes amendatory or supplementary thereto. Developer
further agrees that the fees it has agreed to pay pursuant to Subsections
6.3, 6.4 and 6.8 of this Agreement are not public improvement fees collected
pursuant to Government Code Section 66006 and statutes amendatory or
supplementary thereto.
6.18 CPI Indexes. In the event the “CPI” referred to in Subsections 6.3, 6.6, 6.7
and 6.8 or the Bid Price Index referred to in Subsections 6.4 and 6.7 are
discontinued or revised, a successor index with which the “CPI” and or Bid
Price Index are replaced shall be used in order to obtain substantially the
same result as would otherwise have been obtained if either or both the
“CPI” and Bid Price Index had not been discontinued or revised.
6.19 City Ability to Modify . Developer acknowledges the City’s ability to modify
the development standards and to change the General Plan designation
and zoning of the Property upon the termination or expiration of this
Agreement (if the Project has not been built), and Developer hereby waives
any rights they might otherwise have to seek judicial review of such City
actions to change the development standards, General Plan designation
and zoning to those development standards and d ensity of permitted
development to that in existence prior to the approval of GPA No. 2005 -02
and ZC No. 2005-02.
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6.20 Homeowners Association. Prior to recordation of the first final map for the
Property, if required by City at its sole discretion, Devel oper shall form one
or more property owner associations to assume ownership and
maintenance of private recreation, private streets, parking lots, landscape
areas, flood control and NPDES facilities and other amenities within the
Project. The obligation of said Homeowners Associations shall be more
specifically defined in the conditions of approval of the first tentative tract or
parcel map for the property.
7. City Agreements.
7.1 Commitment of Resources . At Developer’s expense, City shall commit
reasonable time and resources of City staff to work with Developer on the
processing of applications for Project Approvals and all Subsequent
Approvals and Building Permits for the Project area and if requested in
writing by Developer shall use overtime and independent contractors
whenever possible.
7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer
and limited to City’s legal authority, City at its sole and absolute discretion
shall proceed to acquire, at Developer’s sol e 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 l imited to, acquisition of the interest,
attorney fees, appraisal fees, engineering fees, City staff costs, and City
overhead expenses of 15% on all out-of-pocket costs.
7.3 Concurrent Entitlement Processing. City agrees that whenever possible as
determined by City in its sole discretion to process concurrently all land use
entitlements for the Project so long as the application for such entitlements
are “deemed complete” in compliance with the requirements of Chapter 4.5
Review and approval of Development Projects (Permit Streamlining Act) of
the California Government Code.
7.4 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of
this Agreement meets all of Developer's obligations under applicable law
for park land dedication.
7.5 Reimbursements from other Developments. City shall facilitate the
reimbursement to Developer of any costs incurred by Developer that may
be subject to partial reimbursement from other developers as a condition of
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approval of a tract map, development permit or development agreement
with one or more other developers and at City’s discretion may include
provisions requiring such reimbursement to Developer for the same in such
other development project conditions of approval.
7.6 Early Grading Agreement . The City Manager is authorized sign an early
grading agreement on behalf of the City to allow rough grading of the Project
prior to City Council approval of a final subdivision map. Said early grading
agreement shall be consistent with the conditions of the Project approved
tentative map and contingent on City Engineer and Director of Community
Development acceptance of a performance bond in a form and amount
satisfactory to them to guarantee implementation of the erosion control plan
and completion of the rough grading; construction of on-site and off-site
improvements consistent with the City Council approved Project and
Tentative Map. In the case of failure to comply with the terms and conditions
of the early grading agreement, the City Council may by resolu tion declare
the surety forfeited.
7.7 Hillside Management Ordinance. City agrees that per Section
17.38.030(M) of the Moorpark Municipal Code, this project is exempt from
the provisions of the Hillside Management Ordinance.
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was
adopted by the City Council prevents or precludes compliance with any provision
of the Agreement, such provision shall b e deemed modified or suspended to
comply with such state or federal law or regulation, as reasonably determined
necessary by City.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be reviewed
annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or
any successor thereof then in effect. The failure of City to conduct any such annual
review shall not, in any manner, constitute a breach of this Agreement by City,
diminish, impede, or abrogate the obligations of Developer hereunder or render
this Agreement invalid or void. At the same time as the referenced annual review,
City shall also review Developer’s compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of "Excusable Delay",
as hereinafter defined, provided that the Party claiming the delay gives written
notice of the delay to the other Parties as soon as possible after the same has
been ascertained. For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the
delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d)
strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f)
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damage to work in progress by reason of fire, flood, earthquake or other casualty;
(g) failure, delay or inability of City or other local government entity to provide
adequate levels of public services, facilities or infrastructure to the Property
including, by way of example only, the lack of water to serve any portion of the
Property due to drought; (h) delay caused by a delay by other third party entities
which are required to approve plans or documents for Developer to construct the
Project, or restrictions imposed or mandated by such other third party entities or
governmental entities other than City, (including but not limited to, Ventura County
Watershed Protection District); or (i) litigation brought by a third party attacking the
validity of this Agreement, a Project Approval, a Subsequent Approval or any other
action necessary for development of the Project.
11. Default Provisions.
11.1 Default by Developer. The Developer shall be deemed to have breached
this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or
willfully violates any order, ruling or decision of any regu latory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or
decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be dee med to have
occurred unless and until there is a final adjudication adverse to
Developer; or
(b) fails to make any payments required under this Agreement within
five (5) business days after City gives written notice to Developer
that the same is due and payable; or
(c) breaches any of the other provisions of this Agreement and fails to
cure the same within thirty (30) days after City gives written notice to
Developer of such breach (or, if the breach is not able to be cured
within such thirty (30) day period, Developer fails to start to cure the
same within thirty (30) days after delivery of written notice by City of
such breach or fails to thereafter diligently prosecute the cure to
completion).
11.2 Default by City. City shall be in breach of this Agreement if it bre aches 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).
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11.3 Content of Notice of Violation. Every notice of breach shall state with
specificity that it is given pursuant to this section of this Agreement, the
nature of the alleged breach, and the manner in which the breach may be
satisfactorily cured. Every notice shall state the applicable period to cure.
The notices shall be given in accordance with Section 20 hereof.
11.4 Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope of
the Project. The Parties also acknowledge that it would not be f easible of
possible to restore the Property to its natural condition once implementation
of the Agreement has begun. Therefore, the Parties agree that the
remedies for breach of this Agreement shall be limited to the remedies
expressly set forth in this subsection.
The remedies for breach of the Agreement by the City shall be injunctive
relief and/or specific performance. Developer shall not be entitled to
monetary damages or consequential damages for the City’s breach. In
addition, in the event this Agreement is terminated by City pursuant to the
provisions of Chapter 15.40 of the Moorpark Municipal Code, and such
termination is found invalid or unenforceable by a court of competent
jurisdiction, Developer shall not be entitled to monetary damages for t he
termination or consequential damages incurred that are the result of the
termination.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is of
Subsection 6.13 or 6.14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
12. Mortgage Protection.
12.1 Discretion to Encumber. The Parties hereto agree that this Agreement shall
not prevent or limit Developer, in any manner, at Developer’s sole
discretion, from encumbering the Property or any portion thereof or any
improvements thereon then owned by such person with any mortgage, deed
of trust or other security device (“Mortgage”) securing financing with respect
to the Property or such portion. Any mortgagee or trust deed beneficiary of
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the Property or any portion thereof or any improve ments 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 modi fications 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 ow ner of the
Property, or part thereof, whose title thereto is acquired by foreclosure,
trustee sale or otherwise; provided, however, Mortgagee and such owner
shall not be responsible for any matters that occurred prior to their
acquisition of the Property or such portion.
12.4 Written Notice of Default. If a non-monetary default is not cured by
Developer within thirty (30) days after written notice by City to Developer or
a monetary default is not cured with in five (5) days after written notice by
City to Developer, then each Mortgagee shall be entitled to received written
notice from City of the applicable default by Developer under this
Agreement provided the Mortgagee has delivered a written request to the
City for such notice and shall have provided its address for notices in writing
to the City. Each such Mortgagee shall have a further right, but not the
obligation, to cure such default for an additional period of thirty (30) days
after delivery of such notice of default by City to the Mortgagee. Cit y shall
not commence legal action against Developer by reason of Developer’s
breach without allowing the Mortgagee to cure the same as specified herein.
13. Estoppel Certificate. At any time and from time to time, Developer may deliver
written notice to City and City may deliver written notice to Developer requesting
that such Party certify in writing that, to the knowledge of the certifying Party, (i)
this Agreement is in full force and effect and a binding obligation of the Parties, (ii)
this Agreement has not been amended, or if amended, the identity of each
amendment, and (iii) the requesting Party is not in breach of this Agreement, or if
in breach, a description of each such breach. The Party receiving such a request
shall execute and return the certificate within ten (10) days following receipt of the
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notice. City acknowledges that a certificate may be relied upon by successors in
interest to the Developer who requested the certificate and by holders of record of
deeds of trust on the portion of the Property in which that Developer has a legal
interest.
14. Administration of Agreement. Any consent or approval herein to be given by the
City may be given by the City Manager provided it is express and is in writing. Any
decision by City staff concerning the interpretation and administration of this
Agreement and development of the Property in accordance herewith may be
appealed by the Developer to the City Council, provided that any such appeal shall
be filed with the City Clerk of City within ten (10) days after the affected Developer
receives written notice of the staff decision. The City Council shall render its
decision to affirm, reverse or modify the staff decision within thirty (30) days after
the appeal was filed. The Developer shall n ot seek judicial review of any staff
decision without first having exhausted its remedies pursuant to this section.
15. Amendment or Termination by Mutual Consent. In accordance with the provisions
of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof
then in effect, this Agreement may be amended or terminated, in whole or in part,
by mutual consent of City and the affected Developer.
15.1 Exemption for Amendments of Project Approvals. No amendment to a
Project Approval or Subsequent Approvals shall require an amendment to
this Agreement and any such amendment shall be deemed to be
incorporated into this Agreement at the time that the amendment becomes
effective, provided that the amendment is substantially consistent with th is
Agreement and does not alter the permitted uses, increase density,
intensity, maximum height, size of buildings, or alter reservations and
dedications as contained in the Project Approvals or Subsequent
Approvals.
16. Developer Indemnification. Developer shall indemnify, defend with counsel
approved by City, and hold harmless City and its officers, employees and agents
from and against any and all losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out o f, or resulting in any way
from, Developer's performance pursuant to this Agreement including, but not
limited to, Developer’s construction of the Project on the Property and construction
of improvements on the City Site and any injury sustained by any per son in
connection with the construction or partial construction of buildings and
improvements on the Property and City Site.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action
or proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, the environmental documents prepared and approved in
connection with the approval of the Project, or any Project Approval or Subseq uent
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Approval or modifications thereto, or any other subsequent entitlements for the
project and including any related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date . As described in Subsection 1.9 above, this Agreement shall
become operative on the Operative Date, being the date, the Enabling Ordinance
becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of twenty (20)
years commencing on the Operative Date or until one year after the issuance of
the final building permit for occupancy of the last unit of the Project whichever
occurs first, unless said term is amended or the Agreement is sooner terminated
as otherwise provided herein. Expiration of the term or earlier termination of this
Agreement shall not automatically affect any Project Approval or Subsequent
Approval or Building Permit or Final Building Permit that has been granted or any
right or obligation arising independently from such Project Approval or Subsequent
Approval or Building Permit or Final Building Permit.
Upon expiration of the term or earlier termination of this Agree ment, the Parties
shall execute any document reasonably requested by any Party to remove this
Agreement from the public records as to the Property, and every portion thereof,
to the extent permitted by applicable laws.
Notwithstanding the foregoing, the following shall survive the expiration or earlier
termination of this Agreement: (i) all obligations arising under this Agreement prior
to the expiration or earlier termination of this Agreement; and (ii) Section 16 of this
Agreement.
20. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered or upon
the third (3rd) day after deposit in the United States mail, registered or certified,
postage prepaid, return receipt requested, to the Parties at the addresses set forth
in Exhibit “B” attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents referenced
herein contain the entire agreement between the Parties regarding the subject
matter hereof, and all prior agreements or understandings, oral or writ ten, are
hereby merged herein. This Agreement shall not be amended, except as
expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of
any other provision, whether or not similar; nor shall any su ch waiver constitute a
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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, taki ng into consideration the purposes of this
Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as
an agent of any of the other Parti es in any respect. Nothing contained herein or in
any document executed in connection herewith shall be construed as creating the
relationship of partners, joint ventures or any other association of any kind or
nature between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole benefit of the Parties and their successors in interest. No other person shall
have any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments . This Agreement and any
amendment thereof shall be recorded with the County Recorder of the County of
Ventura by the City Clerk of City within the period required by Chapter 15.40 of the
Moorpark Municipal Code of City or any successor thereof then in effect.
27. Cooperation Between City and Developer. City and Developer shall execute and
deliver to the other all such other and further instruments and documents as may
be necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they
shall not constitute a part of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this Agreement be found
to be in conflict with any provision of the Purchase and Sale Agreement, the Project
Approvals or the Subsequent Approvals, the provision of this Agreement shall
prevail.
29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly
and equally by the Parties, and it shall not be construed against any Party on the
ground that the Party prepared the Agreement or caused it to be prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Ventura, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related
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to, or arising from, thi s Agreement shall be filed in the appropriate court having
jurisdiction in the County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of
any alleged breach of, this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees and litigation expenses and costs, and any judgment,
order or decree rendered in such action, suit or proceeding shall include an award
thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which constitute one and the same
instrument.
33. Authority to Execute. Developer warrants and represents that to its knowledge as
of the Operative Date and with respect to each entity that is defined as Developer:
(i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver
this Agreement; (iii) by so executing this Agreement, Developer is formally bound
to the provisions of this Agreement; (iv) Developer’s entering into and performance
of its obligations set forth in this Agreement do not violate any provision of any
other agreement to which Developer is bound; and (v) there is no existing or
threatened litigation or legal proceeding of which Developer is aware that could
prevent Developer from entering into or performing its obligations set forth in this
Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Development Agreement
effective as of the Operative Date.
CITY OF MOORPARK
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
JOHN C. CHIU, FLP-N
By:
John C. Chiu, FLP-N
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EXHIBIT “A”
LEGAL DESCRIPTION
LEGAL DESCRIPTION, LOT 1 TRACT 5739
Lots 11, 12, 13, and 14, Tract No. 2 of M. L. Wicks Subdivision of a part of Tract “U” and
addition to Moorpark, in the Rancho Simi, in the City of Moorpark, County of Ventura, State of
California, as per Map recorded in Book 5, Page 37 Miscellaneous Records, in the office of the
County Recorder of said County.
Except for the following four parcels:
PARCEL 1
That portion of said Lot 13 described as beginning at the intersection of the easterly line of said
Lot 13 and the northeasterly line of Walnut Canyon Rod, 40 feet wide, as shown on said map,
said northeasterly line being parallel to and 20 feet northeasterly of the cen terline of said Walnut
Canyon Road; thence along the easterly line of said Lot 13;
1. North 00º30'26" East 2.79 feet to a line that lies 2.5' northeasterly of and parallel with said
northeasterly line of Walnut Canyon Road; thence along said parallel line,
2. North 62º59'34" West 64.09 feet; thence,
3. North 51º33'09" West 13.93 feet; thence,
4. North 59º39'09" West 35.42 feet to the westerly line of said Lot 13; thence along said
westerly line,
5. South 00º30'26" West 8.19 feet to said northeasterly line of Walnut Canyon Road; thence
along said northeasterly line,
6. South 62º59'34" East 110.69 feet to the intersection of the easterly line of said Lot 13 and
said northeasterly line of Walnut Canyon Road, said intersection being the point of
beginning of this description.
PARCEL 2
That portion of said Lot 12 described as beginning at the intersection of the northeasterly line of
Walnut Canyon Road, 40 feet wide, as shown on said map, and the westerly line of said Lot 12;
thence along said northeasterly line of Walnut Canyon Road,
1. South 62º59'34" East 1.44 feet; to the northerly line of Everett Street, 50 feet wide, as shown,
but not labeled “Everett Street” on said Map, said northerly line being parallel to and 25 feet
northerly of the centerline of said Everett Street; thence along said northerly line,
2. South 89º27'24" East 5.67 feet; thence,
3. North 63º12'21" West 7.76 feet to a point in said westerly line, that is distance 2.50 feet
northeasterly, measured at right angles from said northeasterly line of Walnut Canyon Road;
thence,
4. South 0º30'26" West 2.79 feet to the intersection of said northeasterly line of Walnut Canyon
Road and the westerly line of said Lot 12, said intersection being the point of beginning of
this description.
PARCEL 3
That portion of said Lot 14 described as follows:
Beginning at the northeast corner of said Lot 14; thence along the north line thereof,
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1. West 100 feet to the northwest corner thereof; thence along the west line thereof,
2. South 16 feet to a point; thence,
3. Northeasterly in a direct line to the point of beginning.
PARCEL 4
The southwesterly 10.00 feet of said Lot 14, as conveyed to the State of California by deed
recorded November 10, 1994 as Instrument 94-182298 of Official Records.
Also except that portion of Lot 14 lying within Wicks Road as described in Book 894, Page 399
in the office of said County Recorded
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EXHIBIT “B”
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
John C. Chiu, FLP-N
1001 Newberry Road
Newberry Park, CA 91320-6434
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EXHIBIT “C”
LOCATION OF AFFORDABLE UNITS
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EXHIBIT C
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date: ____________, 2022
Entitlement Expiration Date: ___________, 20241
Development Agreement Term: __________, 2042
Location: Intersection of Everett Street, Walnut Canyon Road, and Moorpark Avenue
(Assessor’s Parcel Numbers [APNs] 512-0-061-310, 512-0 -061-320, 512-0-061-050,
512-0-061-060, 512-0-061-210
Entitlements: General Plan Amendment (GPA) No. 2005 -02, Development Agreement
(DA) No. 2005-04, Zone Change (ZCH) 2005 -02, Vesting Tentative Tract Map No. 5739
(VTTM), Amendment No. 4 to the Downtown Specific Plan (SPA) and Residential
Planned Development (RPD) No. 2005-02
Project Description: The Project includes development of 60 attached multi -family
residential condominium units, and associated site improvements (Project, Proposed
Project). The Project includes an application for a GPA land use designation change of
the 2.44 acres of land from High Density Residential (H) to Very High Density Residential
(VH), as well as a ZCH from Residential Planned Development (RPD -7-14U) to
Residential Planned Development (RPD -20-30U). The request also includes a text
amendment to the Downtown Specific Plan (DSP) to change the text of the DSP Sections
2.2.3 and 2.3.3 to expand density incentives when separate lots are combined for
residential purposes, in certain RPD zones.
The applicant/permittee is responsible for the fulfillment of all conditions and
standard development requirements, unless specifically stated otherwise.
General Conditions
In addition to complying with all applicable City, County, State and Federal Statutes,
Codes, Ordinances, Resolutions and Regulations, Development Agreements, Permittee
expressly accepts and agrees to comply with the following Conditions of Approval and
Standard Development Requirements of this Permit:
1 Expiration not applicable to legislative actions including General Plan Amendment , Text Amendment to
the Downtown Specific Plan, and Zone Change which become effective upon project approval.
PC ATTACHMENT 3 - EXHIBIT C
95
1) Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign
and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement
Permit Conditions of Approval, indicating that the applicant has read and agrees to
meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice
shall include a legal description of the subject property and have the appropriate
notary acknowledgement suitable for recordation. [CDD]
2) This Vesting Tentative Tract Map (VTTM) No. 5739, and Residential Planned
Development (RPD) No. 2005-02 permit expires two (2) years from the date of its
approval unless the use has been inaugurated by issuance of a building permit for
construction and recordation of the Final Map. The Community Development Director
may, at his/her discretion, grant up to two (2) additional one -year extensions for use
inauguration of the development permit if there ha ve been no changes in the adjacent
areas and if the applicant can document that he/she has diligently worked towards
use inauguration during the initial period of time. The City Council may, at their
discretion, grant up to two (2) additional one -year extensions for use inauguration of
the development permit if there have been no changes in the adjacent areas and if
the applicant can document that he/she has diligently worked towards use
inauguration during the initial period of time, not to exceed a total of six (6) years,
unless otherwise extended by other parameters outlined in the Subdivision Map Act .
The request for extension of this VTTM and RPD must be made in writing, at least
thirty (30) days prior to the expiration date of the permit and must be accompanied by
applicable entitlement processing deposits. [CDD]
3) The Conditions of Approval of this entitlement and all provisions of the Subdivision
Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications, dimensions,
typical sections and the like which may be shown on said Map and/or plans or on the
entitlement application. This language shall be added as a notation to the Final Map
and/or to the final plans for the planned development. [CDD]
4) Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency. [CDD]
5) Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Municipal Code Section 17.44.100 and sections amendatory or supplementary
thereto, declare the project to be out of compliance, or the Director may declare, for
some other just cause, the project to be a public nuisance. The applicant shall be
liable to the City for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of Approval or
applicable codes. If the applicant fails to pay all City costs related to this action, the
City may enact special assessment proceedings against the parcel of land upon which
the nuisance existed (Municipal Code Section 1.12.170). [CDD]
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6) The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, voi d, or annul any approval by the
City or any of its agencies, departments, commissions, agents, officers, or employees
concerning this entitlement approval, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37 or
other sections of state law as applicable and any provision amendatory or
supplementary thereto. The City will promptly notify the applicant of any such claim,
action or proceeding, and, if the City should fail to do so or should fail to cooperate
fully in the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees pursuant
to this condition.
a. The City may, within its unlimited discretion, participate in the defense of any
such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in go od faith.
b. The applicant shall not be required to pay or perform any settlement of such
claim, action or proceeding unless the settlement is approved by the applicant.
The applicant's obligations under this condition shall apply regardless of whether
a Final Map is ultimately recorded with respect to the subdivision or a building
permit is issued pursuant to the planned development permit. [CDD]
7) If any of the conditions or limitations of this approval are held to be invalid, that holding
does not invalidate any of the remaining conditions or limitations set forth. [CDD]
8) All facilities and uses, other than those specifically requested in the application and
approval and those accessory uses allowed by the Municipal Code, are prohibited
unless otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans, landscape
guidelines, or design guidelines. [CDD]
9) Entitlement Processing: Prior to the approval of any Zoni ng Clearance for this
entitlement the applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment must be made within sixty (60) calendar d ays after the
approval of this entitlement. [CDD]
10) Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit,
grading permit, or advanced grading permit, the applicant shall submit to the
Community Development Department the Condition Compliance review deposit.
[CDD]
11) Any expansion, alteration or change in architectural elements requires prior approval
of the Community Development Director. Those changes in architectural elements
97
that the Director determines would visible from abutting street(s) may only be allowed,
if, in the judgment of the Community Development Director such change is compatible
with the surrounding area. Any approval granted by the Director must be consistent
with the approved Design Guidelines (if any) for the planned development and
applicable Zoning Code requirements. A Permit Modification application may be
required as determined by the Community Development Director. [CDD]
12) Prior to issuance of a Grading Permit, the applicant shall o btain an Encroachment
Permit from Caltrans District 7 that shall address offsite improvements along Walnut
Canyon Road and Moorpark Avenue (State Route 23) that must specifically include
the following:
a) Bus turnout;
b) Sidewalk and driveway improvements;
c) Crosswalk;
d) Landscaping;
e) Lighting; and
f) Roadway striping. [CDD & PW]
13) The applicant agrees not to protest the formation of an underground Utility
Assessment District. [CDD & PW]
14) The continued maintenance of the subject site and facilities is subject to per iodic
inspection by the City. The Applicant and his/her successors, heirs, and assigns are
required to remedy any defects in ground or building maintenance, as indicated by the
City within five (5) working days from written notification. [CDD]
15) No noxious odors may be generated from any use on the subject site. [CDD]
16) The applicant and his/her successors, heirs, and assigns must remove any graffiti
within five (five) days from written notification by the City of Moorpark. All such graffiti
removal must be accomplished to the satisfaction of the Community Development
Director. [CDD]
17) If any hazardous waste or material is encountered during the construction of this
project, all work must be immediately stopped and the Ventura County Environmental
Health Department, the Ventura County Fire Protection District, the Moorpark Police
Department, and the Moorpark City Engineer and Public Works Director must be
notified immediately. Work may not proceed until clearance has been issued by all of
these agencies. [CDD, VCFPD, MPD, VCEHD & PW]
Development Fees
18) Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the current
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rate then in effect. Said fees include, but are not l imited to, building and public
improvement plan checks and permits. Unless specifically exempted by City Council,
the applicant is subject to all fees imposed by the City as of the issuance of the first
permit for construction and such future fees imposed as determined by City in its sole
discretion so long as said fee is imposed on similarly situated properties. Fees
typically adjust annually. Fees may be set to adjust at a different interval as noted in
the Development Agreement.
Affordable Housing Requirement
19) Prior to the recordation of the Final Map for the Project, the applicant shall execute an
Affordable Housing Agreement consistent with the Development Agreement Section
6.13. [CDD]
Site Improvements
20) Mechanical equipment for the operation of the building must be ground-mounted and
screened to the satisfaction of the Community Development Director. The Community
Development Director may approve roof-mounted equipment, in which case, all parts
of the roof mounted equipment (such as vents, stacks, blowers, air conditioning
equipment, etc.) must be below the lowest parapet on the roof; and must be painted
the same color as the roofing material. No piping, roof ladders, vents, exterior drains
and scuppers or any other exposed equipment may be visible on the roof. [CDD]
21) Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading bay
striping must be maintained so that it remains clearly visible during the life of the
development. [CDD]
22) Prior to any re -striping of the parking area, a Zoning Clearance is required. All disabled
parking spaces and paths of travel must be re-striped and maintained in their original
approved locations unless new locations are approved by the Community
Development Director. [CDD]
23) All parking areas must be surfaced with asphalt, concrete, or other surface acceptable
to the Community Development Director, City Engineer and Public Works Director ,
and must include adequate provisions for drainage, National Pollution Discharge
Elimination System (NPDES) compliance, striping and appropriate wheel blocks,
curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading
and common areas must be maintained at all times to ensure safe access and use by
employees, public agencies and service vehicles. [CDD & PW]
24) The Permittee is encouraged to install fiber-optic conduit from the proposed buildings
to the right-of-way during grading to maximize the utility and futureproofing of the
project. [EDD]
25) The Building Plans must be in substantial conformance to the plans approved under
this entitlement and must specifically include the following:
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a. Transformers, backflow prevention devices, fire department apparatus, and cross
connection water control devices (subject to approval by Ventura County
Waterworks District No. 1), screened from street view with a masonry wall and/or
landscaping as determined by the Community Development Director.
b. Final exterior building materials and paint colors consistent with the approved
plans under this permit. Additional trim details, veneers and finishes shall be
required on all elevations visible from public streets, consistent with the Craftsman
architectural style. Any changes to the building materials and paint colors are
subject to the review and approval of the Community Development Director.
c. Identification of coating or rust -inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the storm
drain system.
d. Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash area s and recycling
bins must use impermeable pavement and be designed to have a cover and so
that no other area drains into it. The trash areas and recycling bins must be
depicted on the final construction plans, the size of which must be approved by
the Community Development Director, City Engineer and Public Works Director
and the City's Solid Waste Management staff. When deemed appropriate, drains
from the disposal and recycling areas must be connected to the sewer system
and subject to the approval of Ventura County Waterworks District No. 1. Review
and approval shall be accomplished prior to the issuance of a Zoning Clearance
for building permit. [CDD]
e. The water line easement gate shall be finished in materials and colors consistent
with the Project Site’s architectural style subject to the review and approval of the
Community Development Director. [CDD]
Landscaping, Lighting And Maintenance Requirements
26) Prior to issuance of building permits, the applicant shall submit to the Community
Development Director for review and approval, with the required deposit, three full
sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect
and drawn on a plan that reflects final grading configuration, in conformity with the
City of Moorpark Landscape Standards and Guidelines, policies and requirements.
[CDD]
27) Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by an
electrical engineer registered in the State of California, must be in conformance with
the Moorpark Municipal Code. [CDD]
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28) Prior to issuance of grading permit, applicant shall provide an Irrevocable Off er of
Dedication to the City of an easement for the purposes of providing public access.
This easement shall consist of the park area of the site. All required easements
must be clearly shown on the final site plan(s) and recorded on the Final Map. If no
Final Map is provided, then the easement must be on other recorded documents.
Additional pertinent documents may be required by the Community Development
Director, City Engineer, Public Works Director, and the City Attorney. [CDD, PW &
CA]
29) Prior to or concurrently with the issuance of a Zoning Clearance, applicant shall
provide affirmative votes to establish a Community Facilities District (CFD) for the
continued maintenance of the landscaping along the Walnut Canyon Road / SR 23
frontage area. Once the CFD has been established, the CFD area will be reviewed
by the City to determine if the formation of additional easements will be required
along the frontage. Any landscaping outside of the right-of-way must be within the
CFD or an easement. [CDD]
30) Landscape plans submitted at the time of entitlement review are conceptual only.
Entitlement approval does not include approval of specific plant species on
conceptual landscape plans unless specifically indicated in the Special Conditions
of approval. Detailed landscape plans are subject to review by the Community
Development Director for compliance with the City’s Landscape Standards and
Guidelines. Avoid plants that require cutting back to keep them within a specified
area or at a trimmed height – provide space for plants to grow to maturity and keep
their natural shape. [CDD]
31) None of the prohibited plants indicated in the Invasive and Prohibited Plant List
contained in the City’s Landscape Standards and Guidelines may be used on any
property within the development site or private right of way due to proximity to the
Arroyo Simi (Calleguas Creek). [CDD]
32) When available and feasible, use of reclaimed water is required – subject to
approval by the Community Development Director, the City Engineer, Public Works
Director and Ventura County Environmental Health Division. [CDD, PW & VCEHD]
33) Prior to issuance of Zoning Clearance for occupancy, all fences and walls along lot
boundaries must be in place, unless an alternative schedule is approved by the
Community Development Director. [CDD]
34) All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter, and debris. All paved surfaces: including, but not limited to, the parking
area and aisles, drive-through lanes, on-site walkways must be maintained free of
litter, debris, and dirt. Walkways, parking areas and aisles and drive -through lanes
must be swept, washed, or vacuumed regularly. When swept or washed, litter,
debris and dirt must be trapped and collected to prevent entry to th e storm drain
system in accordance with NPDES requirements. [CDD & PW]
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Solid Waste Division
35) Any community pool, park or common area shall include both recycling and waste
receptacles of at least 35-gallon capacity. Recycling bins must be labeled with
"Recycling Only" language and the material deposited in such bins must be
disposed of in a manner consistent with State Law. [SWM]
36) Prior to issuance of Zoning Clearance for occupancy, the applicant shall provide
proof of taking an on -site waste management education program to the satisfaction
of the City's Solid Waste Management staff. [SWM]
37) Space must be provided in the trash enclosure for the storage of containers for solid
waste, recycling, green waste and at least four additional 95 gallon food waste bi ns
to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate
enclosure must be provided depending on the anticipated volumes of recyclable
and green or organic waste material. [SWM]
38) Prior to issuance of a construction permit, the applicant shall provide a Recycling
Bin Plan for the review and approval of the City's Solid Waste Management staff.
Bins must be labeled with "Recycling Only" and bins containing mixed material must
be sent to a State-approved recycling center or transfer station where the material
is to be sorted for proper recycling. Applicant will also be required to divert 65% of
all nonhazardous construction materials from landfill. [SWM]
39) Prior to issuance of a building permit, the applicant shall submit a Constru ction and
Demolition Materials Management Plan Estimate for the review and approval of the
City's Solid Waste Management staff and Building and Safety Division for recycling
of waste materials consistent with the aforementioned requirement. The Plan must
include estimated quantities for each type of material to be diverted or landfilled.
[SWM]
40) Prior to final inspection, the applicant must submit a Final Report Construction and
Demolition Waste Letter of Documentation (including premium gate tickets) to the
Building and Safety Division, demonstrating compliance with the Construction and
Demolition Materials Management Plan Estimate and indicate the total amount of
construction and demolition waste diverted. [SWM]
Engineering Division
41) Prior to construction, applicant shall submit a construction traffic control plan for the
review and approval of the City Engineer and Public Works Director. Traffic control
plan shall include construction advisory speed limits, speed limit posting locations, and
enforcement measures if needed. [PW]
42) The applicant and/or property owner shall provide verification to the City Engineer and
Public Works Director that all on-site storm drains have been cleaned at least twice a
year, once immediately prior to October 1st (the rainy season) and once in January.
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Additional cleaning may be required by the City E ngineer and Public Works Director
depending upon site and weather conditions. [PW]
43) Prior to any work being conducted within any State, County, or City right-of- way, the
applicant shall obtain all necessary encroachment permits from the appropriate
agencies and provide copies of these approved permits and the plans associated with
the permits to the City Engineer and Public Works Director. [PW]
44) Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations must be
minimized in accordance with the City of Moorpark standards and the standards of the
Ventura County Air Pollution Control District (APCD). When an air pollution Health
Advisory has been issued, construction equ ipment operations (including but not
limited to grading, excavating, earthmoving, trenching, material hauling, and roadway
construction) and related activities must cease in order to minimize associated air
pollutant emissions. [PW & VCAPCD]
45) The applicant shall utilize all prudent and reasonable measures (including installation
of a 6-foot-high chain link fence around the construction site(s) and/or provision of a
full time licensed security guard) to prevent unauthorized persons from entering the
work site at any time and to protect the public from accidents and injury. [PW]
46) Prior to construction, the applicant shall post, in a conspicuous location, the
construction hour limitations and make each construction trade aware of the
construction hour limitations to the satisfaction of the City. [CDD & PW]
47) Prior to the issuance of a grading permit or Final Map approval, whichever comes first,
the applicant shall post sufficient surety with the City, in a form acceptable to the City
Engineer and Public Works Director, guaranteeing completion of all onsite and offsite
improvements required by these Conditions of Approval and/or the Municipal Code
including, but not limited to grading, street improvements, storm drain improvements,
temporary and permanent Best Management Practice (BMP) for the control of non -
point water discharges, landscaping, fencing, and bridges. Grading and improvements
must be designed, bonded, and constructed as a single project. [PW]
48) Prior to the issuance of a grading permit or Final Map approval, whichever occurs first,
the applicant shall provide written proof to the City Engineer and Public Works Director
that any and all wells that may exist or have existed within the project have been
properly sealed, destroyed or abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per California Department of Conservation, Division of Oil,
Gas, and Geothermal Resources requirements. [PW]
49) During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable bedrock or
in-place material, and installation of all sub -drains including their connections. All fill
slope construction must be observed and tested by the project geotechnical engineer,
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and the density test results and reports submitted to the City Engineer and Public
Works Director to be kept on file. Cuts and slopes must be observed and mapped by
the project geotechnical and civil engineers who will provide any required slope
modification recommendations based on the actual geologic conditions encountered
during grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification. [PW]
50) Written weekly progress reports and a grading completion report must be submitted
to the City Engineer and Public Works Director by the project geotechnical engineers.
These reports must include the results and locations of all compaction tests, as -built
plans of all landslide repairs and fill removal , including geologic mapping of the
exposed geology of all excavations showing cut cross -sections and sub-drain depths
and locations. The lists of excavations approved by the engineering geologist must
also be submitted. Building permits will not be issued without documentation that the
grading and other pertinent work has been performed in accordance with the
geotechnical report criteria and applicable Grading Ordinance provisions. [PW]
51) During grading, colluvial soils and landslide deposits within develo ped portions of the
properties must be re -graded to effectively remove the potential for seismically -
induced landslides in these materials. Additional buttressing, keying and installation
of debris benches must be provided in transition areas between non -graded areas
and development as recommended in the final geotechnical reports by the project
geotechnical engineer. [PW]
52) Temporary irrigation, hydroseeding and erosion control measures, approved by the
Community Development Director, City Engineer and Public Works Director, must be
implemented on all temporary grading. Temporary grading is defined to be any
grading partially completed and any disturbance of existing natural conditions due to
construction activity. These measures will apply to a temporary or permanent grading
activity that remains or is anticipated to remain unfinished or undisturbed in its altered
condition for a period of time greater than thirty (30) calendar days except that during
the rainy season (October 1 to April 15), these measures will be implemented
immediately. [CDD & PW]
53) Grading may occur during the rainy season from October 1 to April 15, subject to
timely installation of erosion control facilities when approved in writing by the City
Engineer, Public Works Director and the C ommunity Development Director and when
erosion control measures are in place. In order to start or continue grading operations
between October 1 and April 15, project-specific erosion control plans that provide
detailed Best Management Practices for erosio n control during the rainy season must
be submitted to the City Engineer and Public Works Director no later than September
1 of each year that grading is in progress. During site preparation and construction,
the contractor shall minimize disturbance of natural groundcover on the project site
until such activity is required for grading and construction purposes. During the rainy
season, October 1 through April 15, all graded slopes must be covered with a woven
artificial covering immediately after completion of each graded slope. Grading
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operations must cease if the applicant fails to place effective best management
measures on graded slopes immediately after construction. No slopes may be graded
or otherwise created when the National Weather Service local three-day forecast for
rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the
permanent and temporary slopes before the rain event. The artificial covering and
planting will be to the satisfaction of the Community Developmen t Director, City
Engineer, and Public Works Director. [CDD & PW]
54) Prior to construction, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of ground
disturbance, application of water/chemicals, temporary/permanent ground
cover/seeding, street sweeping, and covering loads of dirt for the review and approval
of the City Engineer and Public Works Director. All clearing, grading, earth moving,
excavation, soil import and/or soil export operations must cease during periods of high
winds (greater than 15 mph averaged over one hour). [PW]
55) At least one (1) week prior to commencement of grading or construction, the applicant
shall prepare a notice that grading or construction work will commence. This notice
shall be posted at the site and mailed to all owners and occupants of property within
five-hundred feet (500') of the exterior boundary of the project site, as shown on the
latest equalized assessment roll. The notice must include current contact information
for the applicant, including all persons with authority to indicate and implement
corrective action in their area of responsibility, including the name of the contact
responsible for maintaining the list. The names of individuals responsible for noise
and litter control, tree protection, construction traffic and vehicles, erosion control, and
the twenty -four (24) hour emergency number, must be expressly identified in the
notice. The notice must be re-issued with each phase of major grading and
construction activity. A copy of all notices must be concurrently transmitted to the
Community Development Department. The notice record for the City must be
accompanied by a list of the names and addresses of the property owners notified
and a map identifying the notification area. [CDD & PW]
56) Applicant has full right to exercise the service of a new engineer in charge at any time
during a project. When there is a change in engineer, the applicant/owner shall notify
the City Engineer and Public Works Director in writing within 48 hours of such change.
Said letter shall specify successor California Registered Civil Engineer and shall be
stamped and signed and dated by said engineer in responsible charge and shall
accept responsibility of project. The letter will be kept on file at the City. [PW]
57) Prior to construction, applicant shall obtain an Encroachment Permit from Caltrans
District 7 Office of Permits for all construction related activities on Walnut Canyon
Road or Moorpark Avenue(State Highway 23). This includes, but is not limited to,
construction traffic control plan and phasing, detours, temporary construction
improvements such as stabilized entrances, and placement of stormwater BMPs.
[PW]
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58) Prior to issuance of a Grading Permit, applicant shall obtain approval from Caltrans
District 7 Office of Permits for any public and street improvements on Moorpark
Avenue or Walnut Canyon Road (State Highway 23). Public improvements may
include, but not be limited to, utility improvements, drainage infrastructure
improvements, sanitary sewer and domestic water improvements, and signing and
striping improvements. The State has designated Walnut Canyon Road (State
Highway 23) as an expressway and must adhere to expressway standards. The State
right-of-way is considered access-controlled highway. All improvements along State
right-of-way on Walnut Canyon Road will need to be reviewed and permitted by the
State with these considerations. [PW]
59) Prior to Grading Permit issuance, all domestic water and sanitary sewer improvements
shall be reviewed and approved by Ventura County Waterworks District No. 1. Any
utility improvements along Walnut Canyon Road (State Highway 23) will require
Caltrans review and oversight. Additionally, the State has designated Walnut Canyon
Road (State Highway 23) as an expressway and must adhere to expressway
standards. The State right-of-way is considered access controlled highway. All
improvements along State right -of-way on Walnut Canyon Road will need to be
reviewed and permitted by the State with these considerations. [PW]
60) All private driveway intersections within the development shall provide adequate sight-
distance for all approaches for all users, including pedestrians and cyclists. Sight-
distance analysis shall be provided to the City Engineering Division for review and
acceptance. [PW]
61) Prior to Grading Permit issuance, site access and fire hydrant locations shall be
reviewed and approved by the Ventura County Fire Department. [PW]
62) Prior to Building Permit issuance, any existing sub -surface septic systems shall be
removed. [PW]
63) The applicant shall submit Precise Grading Plans, prepared by a California Registered
Civil Engineer, detailing the design of finished surfaces including par king lot
pavement, curbs, curb and gutter, local depressions, sidewalks disabled access
parking, ramps, connections to public right of way and disabled access circulation
within the site. The plans should include design grades for proposed buildings,
including pad and finished floor elevations, required over -excavations cut/fill slopes,
keyways, subdrains, limits and details of any required remedial grading. Required
retaining walls shall be detailed with top of wall/top of footing callouts every 25 to 50
feet, related finished grades at the top of walls, and details of provisions for subdrains
and connections to approved points of disposal. Precise Grading Plans shall be
submitted to the City of Moorpark Public Works Department for review and approval
prior to the issuance of a Grading Permit. [PW]
64) The applicant shall submit a design level Geotechnical Report prepared by a
Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall
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provide specific recommendations for cut/fill slopes, fo undations, retaining walls,
temporary excavations, utility trenches, by the proposed development. The report
shall present detailed geotechnical recommendations for design and construction of
the proposed project and improvements, as well as mitigation of known geologic
hazards. The Geotechnical Report shall be prepared in accordance with the County
of Ventura standards and shall be submitted to the City of Moorpark Public Works
Department for review and approval prior to the issuance of a Grading Permit. [PW]
65) All pavement structural sections shall be designed by the project Geotechnical
Engineer and Engineering Geologist and submitted in conjunction with the final
geotechnical report for review and approval by the City of Moorpark Public Works
Department prior to the issuance of a Grading Permit. [PW]
66) All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved
geotechnical studies. [PW]
67) The applicant shall provide for the mitigation of the potential for liquefaction and lat eral
spreading, and well as the densifying of soils underlying and providing support for the
proposed buildings based on the recommendations in the project Geotechnical
Report. The applicant will provide for a specific design and method of ground
improvement to satisfy the above requirements. Ground improvement design and
liquefaction mitigation shall be submitted to the City of Moorpark Public Works
Department for review and approval prior to the issuance of a Grading Permit. [PW]
68) The applicant shall eliminate or remediate all geologic hazards associated with this
proposed development to the satisfaction of the City of Moorpark Public Works
Department. [PW]
69) The applicant agrees to address and mitigate any and all engineering and
geotechnical design and construction issues not contained within these conditions,
associated with the proposed development that may arise during final design. [PW]
70) All existing and proposed easements shall be reflected on the project plans. [PW]
71) All grading and excavation shall be observed and documented by the project
Geotechnical Engineer, who shall verify that the excavation, grading, subdrainage,
backfill, compaction, and related operations are executed by the site construction
personnel in conformance with the provisions of the approved Geotechnical Report.
Any deficiencies noted shall be brought to the attention of the grading contractor and
the City. Such observations, verifications, related tests, and other pertinent
documentation shall be submitted to the City of Moorpark Public Works and
Community Development Departments for review and approval prior to the issuance
of a Building Permit.[PW]
72) Rough Grade Report. At the completion of rough grading, the project Geotechnical
Engineer shall submit a comprehen sive rough grade report summarizing the required
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observations, verifications, related tests, and other pertinent documentation to the City
of Moorpark Public Works and Community Development Departments for review and
approval prior to the issuance of a Bui lding Permit. [PW]
73) Rough Grade and Building Pad Certifications. Upon completion of rough grading, the
applicant shall submit Rough Grade and Building Pad Certifications on the City’s
forms. The certifications shall be signed by the project Geotechnical Engineer and
project Civil Engineer, as well as the Grading Contractor. The certification shall be
accompanied by as-built survey where deemed necessary by the City Engineer to
verify compliance with the limits and elevations required by the a pproved grading and
drainage plans. The Rough Grade and Building Pad Certifications shall be reviewed
in conjunction with the Rough Grade Report by the City of Moorpark Public Works
Department for approval prior to the issuance of a Building Permit. [PW]
74) Approval of Rough Grading. The project Rough Grade Report and Rough Grade and
Building Pad Certifications shall be reviewed and approved by the City Engineer.
Evidence of such approval shall be provided to the Community Development
Department, Building and Safety Division, prior to the issuance of a Building Permit.
No Building Permit shall be issued for the project without these approvals. [PW]
75) Final Grade Certification. Prior to the issuance of a Certificate of Occupancy (C of O),
the applicant shall submit a Final Grade Certification on the City’s form. The Final
Grade Certification shall be reviewed and approved by the City Engineer prior to the
issuance of a C of O for the project. [PW]
Final Map
76) The Final Map must be prepared in accordance with the l atest copy of the, "Guide for
the Preparation of Tract Maps, Parcel Maps and Records of Survey/Corner Records"
as published by the Public Works Agency of the County of Ventura and amended from
time to time. The various jurat's/notary acknowledgements and c ertificates must be
modified, as appropriate, to reflect the jurisdiction of the City and the location of the
subdivision within the City. The Final Map must provide that each lot corner and street
centerline intersection, tangent point, and terminus be mo numented with Ventura
County Road Standard survey monument plate E -4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the corner, and be stamped with the registration or licens e
number of the professional surveyor responsible for its location. [PW]
77) Concurrently with the submittal of the Final Map, the applicant shall submit a current
(dated within the last ninety (90) days) preliminary title report to the City Engineer and
Public Works Director, which clearly identifies all interested parties, lien holders,
lenders and all other parties having any record title interest in the real property being
subdivided. The preliminary title report must identify the holders of any easements that
affect the subdivision and contain the vesting deeds of ownership and easements.
Thirty (30) days prior to the submittal of the Final Map Mylar® sheets, the applicant
shall provide the City Engineer and Public Works Director, a subdivision guarantee
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policy of the property within the Final Map and preliminary title report for each area of
easement proposed to be obtained for grading or construction of improvements. [PW]
78) Prior to or concurrently with the submittal of the Final Map, the applicant shal l provide
written evidence to the City Engineer and Public Works Director that a copy of the
conditionally approved Tentative Map together with a copy of Section 66436 of the
State Subdivision Map Act has been transmitted to each public entity or public ut ility
that is an easement holder of record. The applicant shall obtain subordination of
senior rights of easement from any such public utility in favor of the City. [PW]
79) At least one-hundred-twenty (120) days prior to the filing of the Final Map, if any
improvement which the applicant is required to construct or install is to be constructed
or installed upon land in which the applicant does not have title or interest sufficient
for such purposes, the applicant shall comply with all of the requirements of
Subdivision Map Act Section 66462.5 and any provision amendatory or
supplementary thereto. Prior to the filing of the Final Map the applicant shall provide
the City with an executed offsite property acquisition agreement in a form acceptable
to the Community Development Director, City Attorney, and City Manager. As a part
of the notification to the City required by that section, the applicant shall provide the
City a deposit in an amount approved by the Community Development Director,
sufficient to pay the estimated costs and fees to be accrued by the City in obtaining
said property. Within fifteen (15) days of notification by the City that the deposited
funds are insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary. During
the time between notice of insufficiency of deposited funds and payment of said
insufficiency, the time limits of Section 66462.5 shall toll. [PW]
80) Prior to Final Map approval, the applicant shall obtain City Engineer and Public Works
Director approval of all required public improvement and grading plans. The applicant
shall enter into an agreement with the City of Moorpark to complete grading, public
improvements and subdivision monumentation and post sufficient surety
guaranteeing the construction and maintenance of grading all public improvements,
and private street and storm drain improvements; construction and post construction
NPDES Best Management Practice; and subdivision monumentation in a form and in
an amount acceptable to the City Engineer. The plans must be prepared by a
California Registered Civil Engineer and sureties must meet the City's requirements
for sureties and must remain in place for one year following final acceptance of the
improvements by the City or until such time that the City Council shall approve their
redemption, whichever is the longer. [PW]
81) Prior to Final Map approval, the applicant shall post sufficient surety in an amount
acceptable to the Community Development Director, City Engineer, Public Works
Director and in a form approved by City Attorney guaranteeing the payment of laborers
and materials men in an amount no less than fifty percent (50%) of the faithful
performance surety. [PW]
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82) Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets, the
applicant shall provide the City Engineer and Public Works Director electronic files of
the Final Map, complete in every fashion except for signatures, in a format satisfactory
to the City Engineer and Public Works Director. [PW]
83) Upon recordation of the Final Map(s) the applicant shall forward a photographic
process copy on 3-mil polyester film of the recorded Map(s) to the City Engineer and
Public Works Director. [PW]
84) Prior to Final Map approval, the applicant shall show all lot-to-lot drainage easements
or secondary drainage easements delineated on the Final Map. Assurance in the form
of an agreement must be provided to the City that these easements will be adequately
maintained by the property owners to safely convey stormwater flows. Said agreement
must be submitted to the City Engineer and Public Works Director and City Attorney
for review and approval and must include provisions for the owner’s association to
maintain any private storm drain not maintained by a City Assessment District in
conformance with the NPDES. The agreement must be a durable agreement that is
binding upon each property owner of each lot and successors in interest. [PW]
85) Prior to Final Map approval, the applicant shall fully complete the "Final Map
Processing Procedures" as outlined in Moorpark Administrative Procedure (MAP) CD -
18, available from the Community Development Department. [PW]
86) Prior to Final Map approval, applicant shall provide all improvement pla ns for review
and concurrence from the Engineering Department. [PW]
87) Prior to Final Map approval, all public utility easements shall be reviewed and
accepted by the utility provider(s) and/or public agency(ies). [PW]
88) The Final Map shall contain a plat whi ch reflects the subject property, property lines,
easements of record, any new easements proposed (which are intended to be
conveyed by the Final Map), a metes and bounds legal description, basis of bearings,
data tables and other pertinent data. [PW]
89) The applicant’s engineer shall plot all referenced easements on the site plans, grading
plans and Final Map. [PW]
Public And Private Streets And Related Improvements
90) Prior to construction of any public improvement, the applicant shall submit to the City
Engineer and Public Works Director, for review and approval, street improvement
plans prepared by a California Registered Civil Engineer, and enter into an agreement
with the City of Moorpark to complete public improvements, with sufficient surety
posted to guarantee the complete construction of all improvements, except as
specifically noted in these Standard Conditions or Special Conditions of Approval.
[PW]
110
91) Prior to issuance of the first building permit, all existing and proposed utilities, including
electrical transmission lines less than 67Kv, must be undergrounded consistent with
plans approved by the City Engineer, Public Works Director and Community
Development Director. Any exceptions must be approved by the City Council. [CDD
& PW]
92) Prior to final inspection of improvements, the project Registered Civil Engineer shall
submit certified original "record drawing" plans with three (3) sets of paper prints and
the appropriate plan revision review fees to the City Engineer and Public Works
Director along with electronic files in a format satisfactory to the City Engineer and
Public Works Director. These "record drawing" plans must incorporate all plan
revisions and all construction deviations from the approved plans and revisions
thereto. The plans must be "record drawings" on 24" X 36" Mylar® sheets (made with
proper overlaps) with a City title block on each sheet. In addition, the applicant shall
provide an electronic file update of the City's Master Base Map electronic file,
incorporating all streets, sidewalks, streetlights, traffic control facilities, street striping,
signage and delineation, storm drainage facilities, water and sewer mains, lines and
appurtenances and any other utility facility installed for this project. [PW]
93) All driveway approaches that cross an accessible path or sidewalk shall be ADA
compliant. [PW]
94) Standard roadway designs, per the most current Ventura County Road Stand ards,
shall be used for all public and private street improvements. [PW]
95) The applicant shall provide plans detailing the design of the horizontal and vertical
alignment for the project’s access driveways and vehicle circulation to the satisfaction
of the County of Ventura Fire Department and City of Moorpark Public Works
Department. Such design shall utilize standards for vertical curve, sight distance and
turning movement design consistent with County of Ventura, AASHTO and City of
Moorpark design requirements. Design plans shall be submitted to the City of
Moorpark Public Works Department for review and approval prior to the issuance of a
Grading Permit. [PW]
96) The applicant shall submit Street Improvement Plans, prepared by a California
Registered Civil Engineer, detailing the design of frontage improvements including
curb, gutter, sidewalk, roadway pavement, drainage, signage, striping, utilities and
other improvements. Plans shall include designs and details of existing and proposed
sidewalk and driveway transitions compliant with the Americans with Disabilities Act
(ADA) as well as disabled access provisions as contained in the latest edition of the
California Building Code (CBC), as amended by the County of Ventura and the City
of Moorpark. Any existing frontage improvements (sidewalk, driveway(s), clearances
around above-ground utility poles, utility boxes, etc) shall be reviewed and upgraded
as necessary to comply with disabled accessibility standards. Street Improvement
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Plans shall be submitted to the City Engineer and Public Works Director for review
and approval prior to the issuance of a Grading Permit. [PW]
Drainage And Hydrology
97) Prior to approval of a grading plan, the applicant shall submit a drainage plan with
calculations that analyze conditions before and after development, as well as
potential development proposed, approved, or shown in the General Plan for the
review and approval of the City Engineer and Public Works Director. Quantities of
water, water flow rates, major waterc ourses, drainage areas and patterns,
diversions, collection systems, flood hazard areas, sumps, sump locations,
detention and NPDES facilities and drainage courses must be addressed. [PW]
98) Hydrology calculations must be per current Ventura County Watershe d Protection
Agency Standards and to the satisfaction of the City Engineer and Public Works
Director. Development projects within a 100 -year flood zone may require a
Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR)
as determined by the City Engineer and Public Works Director. [PW]
99) All storm water detention, retention, and impoundment facilities shall provide
access for maintenance purposes. This includes, but is not limited to, maintenance
access roads, vehicle and/or man gates, and adequate space to maneuver
equipment. [PW]
100) Provide a complete Hydrology and Hydraulic Report for the entire development.
This includes all technical analysis for storm water impoundment and conveyance
facilities, peak flow mitigation analysis, storm water runoff calculations, and facility
sizing design requirements. If the improvements are to be phased, any interim
drainage condition shall be considered as part of the proposed improvements. [PW]
101) If drainage is conveyed to adjacent properties, additional easements and/or
approvals may be required. [PW]
102) The applicant shall submit a Project Drainage Report, prepared by a California
Registered Civil Engineer, to address existing and proposed hydrology, including
offsite flow patterns which currently influence the project site. Report shall address
developed hydrology associated with the site development, based on the provisions
of the Ventura County Hydrology Manual and associated methodology, addressing
both 10-year and 100-year existing and proposed drainage conditions, including
provisions for the interception and conveyance of the 10 -year design storm and
flood hazards associated with the 100-year storm. Calculations for the mitigation of
increased stormwater runoff shall be provided to support on-site detention facility
sizing. Calculations shall address the detailing and sizing of area drains, catch
basins and storm drain laterals on site, and shall be coordinated with the project
Storm Drain Plans. The Project Drainage Report shall be submitted to the City of
Moorpark Public Works Department for review and approval prior to the issuance
of a Grading Permit. [PW]
112
103) The applicant’s engineer shall provide for detention of on -site storm drainage,
based on either offsite storm drain capa city limitations or a ‘no net increase’
approach, whichever yields the greater volume or required detention. In either case
the required volume shall be calculated by unit hydrograph or other approved
means. Such calculations shall be included in the Proje ct Drainage Report. [PW]
104) Unless specifically approved by the City of Moorpark, the on-site storm drain system
shall be privately owned and maintained. Storm drain plans shall clarify that the on -
site storm drain system is not to be maintained by either the City of Moorpark or the
County of Ventura. [PW]
National Pollutant Discharge Elimination System (NPDES)
105) Prior to the start of grading or any ground disturbance, the applicant shall identify a
responsible person experienced in NPDES compliance who i s acceptable to the
City Engineer and Public Works Director. The designated NPDES person
(superintendent) shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is forty percent (40%) or greater and
prior to the start of and during all grading or clearing operations until the release of
grading bonds. The superintendent shall have full authority to rent equipment and
purchase materials to the extent needed to effectuate Best Management Practices.
The superintendent shall be required to assume NPDES compliance during the
construction of streets, storm drainage systems, all utilities, buildings, and final
landscaping of the site. [PW]
106) Development shall conform to the current requirements for the County’s MS4 permit
for new developments. [PW]
107) All storm water facilities shall conform to the most current Ventura County Technical
Guidance Manual for Storm Water Quality Control Measures. This includes all HOA
and Facilities District maintained storm water quality facilities. [PW]
108) In-tract improvements shall incorporate Low Impact Development standards. [PW]
109) A State Storm Water Pollution Prevention Plan is required for all ground disturbing
activities that are greater than one acre. Prior to Grading Permit issuance, a Notice
of Intent (NOI) and the SWPPP shall be filed with the State Water Resources
Control Board, and a Waste Water Discharge Identification Number and
Construction General Permit must obtained. [PW]
110) Development shall conform to the current requirements for the County’s MS4 permit
for new developments. The applicant’s engineer shall design required water quality
mitigation features and related storm water mitigation volumes (Qpm) in
accordance with the Ventura County Technical Guidance Manual for Stormwater
Quality Control Measures, NPDES and City requirements. Calculations shall be
submitted with the Project Drainage Report. All covenants shall be submitted to the
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City of Moorpark Public Works Department for review and approval and be recorded
prior to Grading Permit issuance. [PW]
111) The applicant’s engineer shall provide for the mitigation of the project’s storm water
quality impacts. The applicant’s engineer shall provide calculations for the sizing
and location of devices intended to mitigate such impacts and coordinate the
locations of required water quality treatment devices on the Storm Dr ain Plans. The
details of the required devices shall be included in the Project Drainage Report and
detailed on the project plans. [PW]
112) Prior to the issuance of any construction/Grading Permit and/or the commencement
of any qualifying, grading or excavati on, the applicant for projects with facilities
identified as subject to the State Board General Industrial and Commercial permits
shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The
SWPPP must address post-construction compliance w ith stormwater quality
management regulations for the project. The SWPPP, improvement plans and
grading plans must note that the contractor shall comply with the latest edition of
the California Best Management Practices New Development and Redevelopment
Handbook, published by the California Stormwater Quality Association. The
SWPPP must comply with the Ventura Countywide Stormwater Quality
Management Program Land Development Guidelines, Technical Guidance Manual
for Stormwater Quality Control Measures, and the Stormwater Management
Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost-
effective stormwater pollution control program to reduce pollutants to the maximum
extent practicable. The SWPPP must be prepared in compliance with the form and
format established in the Ventura Countywide Stormwater Quality Management
Program, and submitted, with appropriate review deposits, for the review and
approval of the City Engineer/Public Works Director. The proposed plan must also
address all relevant NPDES requirements, maintenance measures, estimated life
spans of Best Management Practices facilities, operational recommendations and
recommendations for specific Best Management Practices technology, including all
related costs. The use of per manent dense ground cover planting approved by the
City Engineer/Public Works Director and Community Development Director is
required for all graded slopes. Methods of protecting the planted slopes from
damage must be identified. Proposed management efforts during the lifetime of the
project must include best available technology. “Passive” and “natural” BMP
drainage facilities are to be provided such that surface flows are intercepted and
treated on the surface over biofilters (grassy swales), infiltration areas and other
similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents
or similar “active” devices is not acceptable and may not be used without specific
prior approval of the City Council. The use of biological filtering, b io-remediation,
infiltration of pre-filtered stormwater and similar measures that operate without
annual maintenance intervention, that are failsafe, that, when maintenance is
needed, will present the need for maintenance in an obvious fashion and which wi ll
be maintainable in a cost effective and non-disruptive fashion is required. As
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deemed appropriate for each project, the SWPPP must establish a continuing
program of monitoring, operating and maintenance to:
a) Provide discharge quality monitoring.
b) Assess impacts to receiving water quality resulting from discharged waters.
c) Identify site pollutant sources.
d) Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e) Measure management program effectiveness.
f) Investigate and implement improved BMP strategies.
g) Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).Secure the funding, in perpetuity, to achieve items “a” thro ugh
“g” above. [PW]
Ground Disturbance
113) If any archeological, paleontological, or historical finds are uncovered during grading
or excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in consultation
with the project paleontologist or archeologist, shall assure the preservation of the
site and immediately contact the Community Development Director by phone, in
writing by email or hand delivered correspondence informing the Director of the find.
In the absence of the Director, the applicant shall so inform the City Manager and
Planning Manager. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is ap propriate to recommend
disposition of the site. The paleontologist or archeologist selected must be approved
in writing by the Community Development Director. The applicant shall pay for all
costs associated with the investigation and disposition of the find. [CDD]
114) Archeological Training: Prior to any ground disturbing activity, construction
personnel associated with earth moving equipment, drilling, grading, and
excavating, shall be provided with basic training conducted by a qualified
archaeologist. Issues that shall be included in the basic training will be geared
toward training the applicable construction crews in the identification of
archaeological deposits, further described below. Training will include written
notification of the restrictions regarding distu rbance and/or removal of any portion of
archaeological, paleontological, or historical deposits and the procedures to follow
should a resource be identified. The construction contractor, or its designee, shall
be responsible for implementation of this meas ure. A tribal monitor shall be provided
an opportunity to attend the pre-construction briefing if requested. [CDD]
115) Inadvertent Discovery of Human Remains. The inadvertent discovery of human
remains is always a possibility during ground disturbances; State of California Health
and Safety Code Section 7050.5 addresses these findings. This code section states
that in the event human remains are uncovered, no further disturbance shall occur
until the County Coroner has determined the origin and disposition of the remains
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pursuant to California Public Resources Code Section 5097.98. The Coroner must
be notified of the find immediately, together with the City and the property owner. If
the human remains are determined to be prehistoric, the Coroner will notify t he
Native American Heritage Commission (NAHC), which will determine and notify a
Most Likely Descendant (MLD). The MLD shall complete the inspection of the site
within 48 hours of notification and may recommend scientific removal and
nondestructive analysis of human remains and items associated with Native
American burials and an appropriate reinternment site.
116) Paleontological Plan: If paleontological remains are discovered, a paleontological
mitigation plan outlining procedures for paleontological data rec overy must be
prepared and submitted to the Community Development Director for review and
approval. The development and implementation of this Plan must include
consultations with the Applicant's engineering geologist as well as a requirement
that the curation of all specimens recovered under any scenario will be through the
Los Angeles County Museum of Natural History (LACMNH). All specimens become
the property of the City of Moorpark unless the City chooses otherwise. If the City
accepts ownership, the curation location may be revised. The monitoring and data
recovery should include periodic inspections of excavations to recover exposed
fossil materials. The cost of this data recovery is limited to the discovery of a
reasonable sample of available material. The interpretation of reasonableness rests
with the Community Development Director. [CDD]
California Environmental Quality Act (CEQA) – Mitigated Negative Declaration
117) All mitigation measures required as part of an approved Mitigation Monitoring Rep ort
and Program (MMRP) for this entitlement are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the MMRP
and the Conditions of Approval occurs the Community Development Director shall
determine compliance so long as it does not conflict with the California
Environmental Quality Act and the more restrictive measure or condition shall apply.
[CDD]
Cable Television
118) Prior to commencement of project construction, the applicant shall provide notice of
its construction schedule to all persons holding a valid cable television franchise
issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of
construction to allow the Cable Franchisees to coordinate installation of their
equipment and infrastructure with that schedule. The City shall provide the applicant
a list of Cable Franchisees upon request. During construction, the applicant shall
allow the Cable Franchisees to install any equipment or infrastructure (including
conduit, power supplies, and switching equipment) necessary to provide
Franchisee's services to all parcels and lots in the Project. [CDD]
119) In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means other
than a Cable Franchise (including, but not limited to, programming provided over a
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wireless or satellite system contained within the Project), the Home Owners
Association (HOA), property owner association or other applicable entity shall pay
monthly to City an access fee of five percent (5%) of gross revenue generated by
the provision of those services, or the highest franchise fee required from any City
Cable Franchisee, whichever is greater. "Gross revenue" is as define d in Chapter
5.06 of the Moorpark Municipal Code and any successor amendment or
supplementary provision thereto. In the event there is no HOA (e.g. in the case of
an apartment project), then the property owner shall make the payment. [CDD]
120) In the event cable television services or their equivalent are provided to the project
by any means other than by a City Cable Franchise, the City's government channel
shall be available to all units as part of any such service, on the same basis and cost
as if the project was served by a City Cable Franchise. [CDD]
Moorpark Police Department
121) A Landscape Maintenance Plan shall be prepared prior to the installation of
landscape improvements and maintained throughout the life of the project by the
Homeowner’s Association. The plan shall be submitted to the Community
Development Department and Police Department for review prior to installation of
common area landscaping. The Landscape Maintenance Plan shall dictate that all
tree canopies shall be maintained no l ower than 6 feet in height and all shrubbery
no higher than two feet in height. [PD]
122) Prior to the issuance of any Building Permits, a lighting photometric plan shall be
approved by the Police Department. The lighting plan shall indicate adequate
lighting along common walkways, park, and other amenities available to residents
and the general public to ensure sufficient lighting is provided and be in compliance
Moorpark Municipal Code Section 17.30 Lighting Regulations . [PD]
123) Prior to the issuance of a Building Permit, the following plans shall be submitted for
review by the Police Departmen t and approved by the Community Development
Department:
a) Security Plan;
b) Fencing Plan to address outdoor areas, parking areas and other surrounding walls
and fences. The Project shall ensure Knox box access to all gated areas; and
c) Access Plan for parking and residential areas. [PD]
Ventura County Public Works Water and Sanitation
124) Prior to the issuance of a Signed Agreement to Install Water and Sewer
Improvements the Applicant shall provide Ventura County Waterworks District with
the following:
a. Water and sewer improvement plans prepared in accordance with District
standards.
b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy
of the proposed and existing water and sewer lines to determine the extent
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of capital improvements to the exi sting water and sewer facilities to serve
the subject properties.
c. Digital copies of the grading, street, and storm drain plans.
d. A plan denoting the location of fire hydrants and copy of approvals by the
Ventura County Fire Protection District for fire hydrant locations.
e. Cost estimates for water and sewer improvements.
f. Plan check deposit, construction inspection deposit, capital improvement
charge, sewer connection fee, and meter charges per phase of the project.
g. Recorded easements dedicated to the District for water and sewer facility
improvements as shown on the recorded tract map. Dedicated easements
shall be over and across all streets and parking lots for access to maintain
and repair of the District’s substructures and facilities. [VCWD1]
125) The District will provide “Will Serve Letters” upon completed review and acceptance
of the water and sewer improvement plans and payment of applicable fees.
[VCWD1]
126) Following the acceptance of the above items, Applicant is to provide Ventura
County Waterworks District with three sets of the signed Agreement to Install
improvements and Surety Bonds. [VCWD1]
127) The applicant shall comply with the applicable provisions of the Rules and
Regulations of the Ventura County Waterworks District. [VCWD1]
Ventura County Air Pollution Control Division
128) Discharge of Pollutants. Prior to issuance of a grading permit, and to ensure that
discharge of air contaminants that may result from site operations are minimized to
the greatest extent, the applicant shall operate in accordance with the Rules and
Regulations of the VCAPCD, with emphasis on Rule 51, Nuisance, which is
complaint driven. [APCD]
129) Dust Control for Construction. Prior to issuance of a grading permit, and to ensure
that fugitive dust and particulate matter that may result from site preparation,
construction and/or grading activities, the applicant shall comply with the provisions
of applicable VCAPCD Rules and Regulations, which include but are not limited to,
Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust). [VCAPCD]
Ventura County Fire Department
130) Access Road Width, Private Roads/Driveways - Private roads shall comply with
Public Road Standards. Fire Department Access - VCFD Standard 501:
i) Access road width of 36 feet shall be provided for residential use with parallel
parking permitted on both sides.
ii) Access road width of 32 feet shall be provided for residential use with parallel
parking permitted on one side.
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iii) Access road width of 24 feet shall be required with no on -street parking
permitted, or per Public Road Standards whichever is stricter.
iv) Maintained on Everett Street [VCFD]
131) Turnout- A widening in a roadway to allow emergency equipment to stage off the
roadway traffic lane. There is no fire department driveway or turnaround proposed
on plan. A Turnout could be used at Wicks Rd and Everett St to provide the Fire
Department Access Point. [VCFD]
132) Construction Access - Prior to combustible construction, a paved all -weather
access road / driveway suitable for use by a 20 -ton Fire District vehicle shall be
installed at locations approved by the Fire District. [VCFD]
133) Construction Access Utilities - Prior to combustible construction, all utilities located
within the access road and the first lift of the access road pavement shall be
installed. A minimum 20 -foot clear width shall remain free of obstruc tion during any
construction activities within the development once combustible construction starts.
[VCFD]
134) Vertical Clearance - All access roads / driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. [VCFD]
135) Parking Prohibited - The property owner(s) are hereby advised that parking on
access roads / driveways and fire department turnarounds is prohibited. [VCFD]
136) Site Access - Two (2) means of ingress/egress shall be provided to the
development in accordance with Fire District access standards. Two turnout
locations at Wicks Rd and Everett St can provide Site Access. Garage driveways
are not considered fire department access points. [VCFD]
137) Fire Lanes / Access Review (Submit prior to Building & Safety approval) - the
applicant shall submit two (2) site plans to the Fire District for review and approval
of Access and location of fire lanes. Prior to occupancy, all fire lanes shall be posted
“NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle
Code, the International Fire Code and current VCFPD Fire Lane Standards. All
signs and or Fire Lane markings shall be within recorded access easements.
[VCFD]
138) Fire Lane Plans. Prior to final inspection by VCFPD, submit 2 copies of a scaled
site plan with appropriate application and fees to VCFPD.
Plans shall indicate the following:
1. Location of all buildings and structures inclusive of overhangs
2. Location of all fire apparatus access roads serving the site
3. Location of any gates or barriers
4. Location of sidewalks and parking rows
5. Location of fire hydrants
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6. Location of FDC’s
7. Locations of any existing fire lanes and sign locations 8. Clear designation where
private roads connect with public roads. [VCFD]
139) Access Road Gates - Any gates to control vehicle access are to be located to allow
a vehicle waiting for entrance to be completely off the intersecting roadway. A
minimum clear open width of 15 feet in each direction shall be provided for separate
entry / exit gates and a minimum 20 for combined entry / exit gates. If gates are to
be locked, a Knox system shall be installed. The method of gate control, including
operation during power failure (battery back -up), shall be subject to review by the
Fire Prevention Division. Gate plan details shall be submitted to the Fire District for
approval prior to installation. A final acceptance inspection by the Fire District is
required prior to placing any gate into service. [VCFD]
140) Walkways - Approved walkways shall be provided from all building openings to the
public way or fire department access road / driveway. [VCFD]
141) Aerial Apparatus Access General. Aerial fire apparatus access shall be required
when the vertical distance between any grade plane and the highest roof sur face
exceeds 30 feet. One aerial apparatus access roads shall be provided per 50,000
square feet of building area. Exceptions: Aerial fire apparatus access shall not be
required when any of the following apply:
1. Non accessible roofs with pitched greater than 8:12 when building is protected
by an automatic fire sprinkler system in accordance with NFPA 13.
2. Limited architectural features such as canopies and towers without habitable floor
space below the roof when building is protected by an automatic fire sprinkler
system in accordance with NFPA 13. [VCFD]
142) Mitigations to Aerial Apparatus Access Roads. The fire code official is authorized
to reduce the required width to not less than 24 feet when all of the following are
provided;
1. Automatic fire sprinklers are installed throughout the structure in accordance with
NFPA 13,
2. fire sprinkler standpipes are provided on all floors and through to the roof.
3. two or more roof access points are provided through 2 -hour fire rated stairs
separated a distance not less than half of the diagonal of the structure. [VCFD]
143) Access Point(s) on Roads. Roads shall be provided such that any portion of the
exterior walls, at grade level, of a building or structure, is not more than 150 feet
from a road as measured by an approved route around the exterior of the building
or structure. Exception: The distance shall be permitted to be extended to 250 feet
when the building is protected by an automatic fire sprinkler system in accordance
with NFPA 13 and provided with an approved access walkway leading from the
driveway to the exterior openings around the structure. [VCFD]
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144) Fire Hydrant Plan - Prior to construction, the applicant shall submit plans to the
Fire District for placement of fire hydrants. On plans, show existing hydrants within
500 feet of the development. Indicate the type of hydrant, number and size of
outlets. [VCFD]
145) Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with
current adopted edition of the International Fire C ode, Appendix C and adopted
amendments. On-site fire hydrants may be required as determined by the Fire
District. [VCFD]
146) General. Hydrants required for multi -family, commercial or industrial projects shall
be in accordance with this chapter and VCFC Appen dix C. When the site is not
served by a purveyor or the purveyor is unable to supply the required fire flow, fire
sprinklers and a water storage tank will be required. Restrictions apply, see Fire
Prevention Standard 14.5.5 and VCFC Appendix B . [VCFD]
147) Distance to Hydrant. The maximum distance from any structure’s access point to a
hydrant shall be in accordance with VCFC Appendix C, as measured along the
required access. [VCFD]
148) Hydrant Size and Type. All hydrants shall be a 6 inch wet barrel hydrant. Th e
number and size of outlets shall be as based on required fire flow as follows:
(1) Fire flow up to 3,000 gpm – One 4 inch and two 2-1/2 inch outlets
(2) Fire flow over 3,000 gpm – Two 4 inch and one 2 -1/2 inch outlets [VCFD]
149) Fire Hydrant Installation - Prior to combustible construction on any parcel, a fire
hydrant capable of providing the required fire flow and duration shall be installed
and in service along the access road / driveway at a location approved by the Fire
District, but no further than 250 feet from the building site. The owner of the
combustible construction is responsible for the cost of this installation. [VCFD]
150) Hydrant Location Markers - Prior to occupancy of any structure, blue reflective
hydrant location markers shall be placed on the access roads in accordance with
Fire District standards. If the final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall be replaced when the final
asphalt cap in completed. [VCFD]
151) Fire Flow Verification - Prior to map recordation, the applicant shall provide to the
Fire District, verification from the water purveyor that the purveyor can provide the
required fire flow specified in Tables B105.2 and B105.1(2) of the California Fire
Code. [VCFD]
152) Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler
system in accordance with current VCFPD Ordinance at time of building permit
application. [VCFD]
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153) Per NFPA 13 Fire Department Clearance (Submit prior to Building & Safety
approval) - Applicant shall obtain VCFD Form #610 "Fire Permit Application” and
Form #625 “Fire Flow Verification” prior to obtaining a building permit for any new
structures or additions to existing structures. [VCFD]
154) High Fire Hazard Zone Landscape Plans: Starting October 27, 2021, VCFD began
requiring review and approval of all landscape plans when the project is located
within a State Mapped Very High, High, or Moderate Fire Hazard Severity Zone
(FHSZ), or a local Hazardous Fire Area as determined by the VCFD. See VCFD
Guideline 416. Installation of new landscape is the starting point to make sure
correct plants are selected and proper spacing is provided and maintained. In most
cases, there are already requirements to submit landscape pla ns to the County or
City for review of State water requirements for landscape areas. In addition, we do
not want new landscaping installed now that may have to be retrofitted when State
Zone 0 regulations take effect. The requirement for landscape plans al so includes
major retrofit of existing landscape areas. [VCFD]
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Existing Proposed
Very High Density Residential (15 DU/AC)
High Density Residential (7 DU/AC)
Medium Density Residential (4 DU/AC)
Old Town Commercial
Office
Public / Institutional
PC ATTACHMENT 3 - EXHIBIT D
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Existing Proposed
Single Family Residential (R-1)
Rural Exclusive (RE-1AC)
Residential Planned Development (RPD-19U)
Residential Planned Development (RPD-20U-N-D)
Commercial Old Town (C-OT)
Residential Planned Development (RPD-20-30U)
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Downtown Specific Plan Amendment No. 4
Project Description The purpose of the Residential Planned Development (RPD) is to provide a flexible regulatory
zone to encourage creative and innovative design. The maximum permissible density in the Downtown Specific
Plan (DTSP) is currently 20 units/acre for a low/very low senior housing project. The applicant has requested a
zone change to RPD 20 -30 units per acre to accommodate the proposed 60 multi -family residential units to be
constructed on 2.4 acres at a proposed density of 25 units/acre.
Proposed Zone Change Residential Planned Development (RPD) 20 -30 DU/Ac
DTSP Amendment:
2.2.3 Residential Planned Development (RPD)
2. Development Requirements
The density range in the Residential Planned Dev elopment area has been established to encourage lot
consolidation and redevelopment of under-developed or declining properties. Given the close proximity to public
transit and local services, residential density in the downtown RPD areas, residential densi ties associated with
RPD areas may be higher than in other parts of the City. Density bonuses may be granted by the City Council for
a housing development anywhere in the RPD areas in accordance with provisions of California Government Code
Section 65915 et seq. and Chapter 17.64 of the Moorpark Municipal Code. Section 2.3.3
Lot Consolidation and Incentives allows the increased density under certain standards and conditions.
2. Unit Articulation
Unit articulation will help diminish the massive look of lar ge structures, and blend with the surrounding
neighborhood. These guidelines are especially pertinent to those parcels along Charles Street and Everett Street
that may be affected by the lot consolidation (aka. Spring Road) density incentives.
2.3.3 Lot Consolidation and Incentives
The maximum density in the High to Very High Density Residential areas can only be achieved when lot
consolidation occurs. On the Specific Plan Moorpark Downtown Specific Plan 2 -58 Zoning Map Figure 6, those
areas are zoned RPD 7 – 14 and RPD 20-30 dwelling units per acre. Lot consolidation allows for greater flexibility
in site design, potential for reduction in the number of driveways serving the consolidated property and
opportunities to more quickly improve a neighborhood. Density bonuses which are granted must be consistent
with the requirements of Chapter 17.64 of the Moorpark Municipal Code and the California Government Code
65915 et seq. Without lot consolidation, the density bonus in the RPD 7 -14 zones will be calculated at 7 du /ac .
With lot consolidation, the density bonus will be calculated at 14 du /ac.
Maximum Density Bonus Incentive
Zoning Designation Without Lot Consolidation With Lot Consolidation
RPD 7 -14 7 du /ac 14 du /ac
RPD 20-30 20 du /ac 30 du /ac
PC ATTACHMENT 3 - EXHIBIT E
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PC ATTACHMENT 3 – EXHIBIT F
FINAL MITIGATED NEGAT IVE DECLARATION (MND)
Everett Street Terraces
PLEASE CLICK HERE TO BE REDIRECTED TO EVERETT
STREET TERRACES F INAL MND.
(Large File, this may take a few minutes to load).
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