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HomeMy WebLinkAboutAGENDA REPORT 2022 1122 REG PC ITEM 08CCITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of November 22, 2022 Item: 8.C. ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC-2022-686. BY: J. Lugo A. Consider a Resolution Recommending City Council Approval of General Plan Amendment No. 2016-02, Development Agreement No. 2016-02, Zone Change No. 2016-02, Vesting Tentative Tract Map for Tract No. 5847 (2016-02), and Residential Planned Development No. 2016-02 for the Subdivision and Development of 134 Single-Family Residential Units, and Five Future Single- Family Homes on Estate Lots, Including Private Roads, Community Parks, Open Space, Trails, and Associated On- and Off-Site Improvements on Approximately 68 Acres of Property, Located at 5979 Gabbert Road, and Including a General Plan Amendment Land Use Designation Change from Rural Low (RL) Density Residential to Medium (M) Density Residential, and Open Space (OS), and a Zone Change From Agriculture Exclusive (AE) to RE-5AC, Residential Planned Development, and Open Space (OS), and Adoption of a Mitigated Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of James and Makenzie Rasmussen on Behalf Of West Pointe Homes. Staff Recommendation: 1) Open the public hearing, receive public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2022-686 recommending to the City Council the adoption of the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) and recommending the approval of Development Agreement (DA) No. 2016-02, General Plan Amendment (GPA) No. 2016-02, Zone Change (ZC) 2016-02, Vesting Tentative Tract Map for Tract No. 5847 (2016-02, (VTTM), and Residential Planned Development (RPD) No. 2016-02. (Staff: Doug Spondello) Item: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Doug Spondello, AICP, Deputy Community Development Director DATE: 11/22/2022 Regular Meeting SUBJECT: Consider a Resolution Recommending City Council Approval of General Plan Amendment No. 2016-02, Development Agreement No. 2016-02, Zone Change No. 2016-02, Vesting Tentative Tract Map for Tract No. 5847 (2016-02), and Residential Planned Development No. 2016-02 for the Subdivision and Development of 134 Single-Family Residential Units, and Five Future Single-Family Homes on Estate Lots, Including Private Roads, Community Parks, Open Space, Trails, and Associated On- and Off-Site Improvements on Approximately 68 Acres of Property, Located at 5979 Gabbert Road, and Including a General Plan Amendment Land Use Designation Change from Rural Low (RL) Density Residential to Medium (M) Density Residential, and Open Space (OS), and a Zone Change From Agriculture Exclusive (AE) to RE-5AC, Residential Planned Development, and Open Space (OS), and Adoption of a Mitigated Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of James and Makenzie Rasmussen on Behalf Of West Pointe Homes. STAFF RECOMMENDATION 1.Open the public hearing, receive public testimony, and close the public hearing; and 2. Adopt Resolution No. PC-2022-686 recommending to the City Council the adoption of the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) and recommending the approval of Development Agreement (DA) No. 2016-02, General Plan Amendment (GPA) No. 2016-02, Zone Change (ZC) 2016-02, Vesting Tentative Tract Map for Tract No. 5847 (2016-02, (VTTM), and Residential Planned Development (RPD) No. 2016-02. PROJECT DESCRIPTION On October 31, 2016, West Pointe Homes (Applicant) submitted an application for a GPA, DA, ZC, VTTM, and RPD for the subdivision of land and development of 134 detached single-family residential units, and five future single-family homes on estate lots, including private roads, community parks and open space, trails, and associated on and off-site 53 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 2 improvements (Project, Proposed Project). The Project includes an application for a GPA land use designation change for a portion of the approximately 68 acres of land from Rural Low (RL) Density Residential to Medium (M) Density Residential, and Open Space (OS), as well as a ZC from Agriculture Exclusive (AE) to RE-5AC, and Residential Planned Development (RPD). The request also includes a VTTM to subdivide the property into seven common area parcels and 139 residential lots. The Project is located at 5979 Gabbert Road on two parcels: APNs 511-0-190-285 and 511-0-190-305 (Project Site, Site). A Project location and aerial map are included as Attachment 1. Project architectural, civil, and landscape plans are included as Attachment 2. BACKGROUND The Project Site has been considered for development since 2009. On November 5, 2014, the City Council adopted a resolution approving a General Plan Amendment Pre-Screening Request No. 2010-01 with the direction that the Applicant revise the proposed General Plan Amendment from High Density Residential to Medium (M) Density Residential. The proposed Project is consistent with the direction provided by the City Council approval of the Pre-Screening request. EXISTING AND SURROUNDING LAND USES The Project Site is located in the northwestern portion of the City and is bounded by Gabbert Road to the east and residential uses to the north. The Project Site consists of two lots, combined to a total of approximately 68 acres. Lands to the west and south are undeveloped. The Project Site currently consists of several structures such as a vacant single family residential, trailer/mobile home currently used as an office, a garage in the northeast corner, and a large storage shed in the northwest section. Additionally, four concrete foundations, gardens, a tennis court, and concrete driveway, along with an access road and undeveloped land also exist on-site. Existing structures are proposed to be demolished to accommodate the Proposed Project. There are coastal sage scrub, grasslands, and landscaping elements that occur together in various degrees. The topography of the project site is defined by three rolling, broad-topped ridges that trend from northwest to southeast and a relatively flat area in the southwest corner. A summary of the existing General Plan, zoning designations, and land use of the subject and adjacent properties is provided in Table 1 below and are included in Attachment 1. 54 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 3 Table 1 Existing General Plan, Zoning and Land Use ANALYSIS Residential Development and Architecture The Proposed Project consists of 134 one-story, and two-story, single-family homes. Five estate homes are proposed to be built within the northern portion of the site at a later phase on five-acre lots. The Project includes three architectural styles, five different floor plans, and 11 exterior color schemes ranging from blue, red, grey, neutral brown, neutral beige and white tones. Units include three- and four-bedrooms (with a loft) that range in size from 2,234 square feet to 3,051 square feet. Each of the proposed homes will have a two-car garage and driveway. The proposed residences would range in height from 19 feet to 30 feet. The total building coverage on the 134 single-family residential lots would range between 30% and 51%. The Project architecture is American Farmhouse, Traditional American, and Cottage (Bungalow) (Figure 3). An example of each and a summary of the architectural attributes of the proposed styles are listed in Table 2 below. The proposed architecture is complementary to existing development within the Gabbert community and the proposed architectural theme of the Hitch Ranch project immediately to the east. Direction General Plan Zoning Land Use Site Rural Low Density Residential (RL) Agricultural Exclusive (AE) Mostly vacant with minor residential improvements North Rural Low Density Residential (RL) Rural Exclusive (RE-5AC) Rural homes, and agricultural South Hitch Ranch Specific Plan and Medium Industrial (l-2) Hitch Ranch Specific Plan and Limited Industrial (M-2) Undeveloped and open space East Hitch Ranch Specific Plan and Rural High Density Residential (RH) Hitch Ranch Specific Plan and Rural Exclusive (RE- 1AC) Proposed single- family residences and rural homes West Rural Low Density Residential (RL) Agricultural Exclusive (AE) Vacant/agricultural 55 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 4 Table 2 Architectural Styles and Characteristics Architectural style Characteristics Farmhouse Gabled roofs Shake style roofing Board and batten siding Rustic shutters (where applicable) Stone veneers Barn styled light fixtures Four-pane window muntins Traditional American Gabled or hipped roofs Horizontal lap siding Stone veneered Wood shake styled shingles Paneled style shutters and garage door Lantern styled lighting Fully paned windows Classic style trim Cottage Gabled or clipped gable roofs (jerkinhead) Wood style shake shingles Shingled siding Stone veneered Dog ear garage trim Vertical plank shutters and garage panels Lantern style light fixtures Upper window only paned Trim surround The residences have approximately 20 feet of front yard setback and include covered entrances, recessed garage doors, siding or stone veneer details, window trim, sills, and shutters representative of either the farmhouse, traditional, or cottage style. Each residence includes consistent architectural detailing and windows on all four elevations. Circulation: The Project is located west of Gabbert Road. The Proposed Project would be accessed from Gabbert Road by a proposed public roadway, North Hills Parkway, from the southeast corner of the Project Site. Interior street within the Project and connecting to North Hills Parkway will be private. The Project incorporates an enhanced entrance plan to indicate that the Project maintains private streets and amenities. These enhanced features include signage, pavers and pedestrian paths. Traffic would be required to exit 56 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 5 the development within a left turn lane to Gabbert Road east. The proposed circulation and site layout is depicted in Figure 1 below and Attachment 2, Project Plans and Attachment 3, Exhibit C, VTTM. Within the development, pedestrians and bicyclists can make use of paved sidewalks and paths which are provided along each residential lot and within the open space park areas. A 12-foot wide multi-use trail (including equestrian) will be provided along North Hills Parkway from Gabbert Road and connect into proposed improvements to the east, within Hitch Ranch. Figure 1 Proposed Site Plan Secondary emergency access would be available only through gates at the eastern and western end of the site either through fire lane to Gabbert Blvd. or through southwest Street A down to Los Angeles Ave, via proposed easements. The access gate at Gabbert Road would also provide access to residents to the east via an access easement. Furthermore, the proposed DA requires additional improvements, to ensure adequate public circulation and fire access. The DA and conditions of approval for this project will require the developer to design and construct the public street improvements from North Hills Parkway ingress/egress point into the Project east to Gabbert Road, improvements to Gabbert Road, and a contribution for the study to evaluate widening of the rail crossing VCCCD 7 £1 ~' f ~, 57 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 6 at Gabbert Road/Poindexter Avenue. These are described more fully in the DA section of this report. The Applicant has proposed initial street names, which are included on the architectural plans (Attachment 2). However, the Fire Protection District has not yet recommended approval of these names and, therefore, staff is unable to advance them for a recommendation at this time. As a result, the VTTM shows generic lettered street names. Pursuant to the City’s Street Naming Policy, Staff will return to present the recommended street names to the City Council at a future date. Parking The Proposed Project provides a total of 268 parking spaces within private garages. This is consistent with the number of spaces required by MMC Section 17.32.020 for single- family development. There are additional parking opportunities within the driveways, and on-street parallel parking spaces along the private roads. Provisions for electrical vehicle charging will also be made available within the community, as required by the MND. Park The Project Site includes three parks located on Lots G, B and D. These would feature two dog parks and a larger community park including amenities such as park benches, shade structure with picnic tables, play equipment, trash receptables, grass fields, landscaping, and a walking path. Open Space and Landscaping: The Project includes a Landscape Plan (Attachment 2) which contains drought-tolerant landscaping, native plant species, and passive and active open space areas throughout the project site. Furthermore, each residential lot would incorporate a typical landscape plan for front yards that are designed to complement the architectural themes, while complying with irrigation and fire safety requirements. The Landscape Plan notes removal of most existing trees, shrubs, and vegetation on Site. Moorpark Municipal Code (MMC) Section 12.12.070(F) states that where tree(s) are proposed for removal that are associated with a proposal for urban development, the Director of Community Development shall cause an appraisal of the value of said tree(s) to be prepared in accordance with Section 12.12.050( C). The resulting value shall be applied to upgrading the size of tree plantings associated with the project. According to the tree report prepared by L. Newman Design Group on June 30, 2021, the value of trees to be removed was $436,816. However, the value of proposed trees to replace the removed trees is $580,610, which exceeds the value of the trees removed and complies with the requirements of MMC. In addition, the tree report prepared by L. Newman Design Group states that142 trees are proposed to be removed of the 188 mature trees that are growing on site. Of these, three coast live oak trees appear to have started growing, and only one oak tree is 58 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 7 proposed to be removed. The species of trees that are currently present onsite are below: Table 3: Trees Currently Present On-Site Qty Species Common Name 6 Cupaniopsis anacardioides Carrotwood 1 Eucalyptus globulus Blue gum 2 Fraxinus uhdei Ash tree 1 Grevillea robusta Silk oak 7 Pinus canariensis Canary Island pine 6 Pinus halepensis Aleppo pine 1 Pinus pinea Stone pine 3 Quercus agrifolia Coast live oak 1 Sambucus Mexicana Elderberry 56 Schinus mole Peruvian pepper tree 12 Syagrus romanzoffiana Queen palm 92 Washingtonia robusta Mexican fan palm TOTAL 188 The total proposed landscaped slope area is 496,291 square feet. One new tree is proposed for every 350 square feet totaling 1,418 trees. One new shrub is proposed for every 100 square feet totaling 4,963 shrubs. Private residential landscaping areas are not included in the Project’s landscape calculations. Although specific landscape area standards are not applicable to a residential or RPD project, the Project provides a significant portion of the Site as landscaping to buffer the development from adjacent properties and soften the proposed slopes. The proposed Project’s landscape pallet includes a mix of trees, shrubs, and groundcover which includes various flowering species, with both evergreen and deciduous plant types. Proposed tree types vary in height and width and would provide interest and variation along the street frontages and from a distance. Many of the proposed landscape plants are drought tolerant and are well suited to the local arid climate. The MMC also requires that the project comply with the City’s Landscape Standards and Guidelines, and a condition of approval is included requiring the installation of purple irrigation lines which will utilize recycled water for landscaping when this service is available in the future. This infrastructure will also provide a connection to the purple lines planned within the Hitch Ranch community. In addition, the Project is required to meet fire prevention requirements provided by the Ventura County Fire Protection District. As such, the Proposed Project was reviewed by the Fire Protection District to ensure consistency with applicable landscape standards. Conditions of approval have been incorporated that require approval of the landscape plan by the Fire Department prior to permit issuance. Walls and Fences The Project includes the installation of new walls and fences throughout the Project Site. 59 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 8 Generally, these include a 3.5-foot high split-rail fence along the recreational horse trail, 5.5-foot tall wood fencing and block walls for the division and privacy of residential private side and rear yards. Tubular steel fencing is proposed at 5.5 feet in height along the rear property line facing North Hills Parkway, the community park, and dog park for additional openness and visibility. Grading The Proposed Project is proposed to be developed on properties consisting of rolling hills, valleys. The southwest corner of the Project is relatively flat. The majority of the site is covered in grasses, brush, cacti, and sporadic trees. Site preparation includes an estimated 746,520 cubic yards of cut and 759,521 cubic yards of fill, with an import of approximately 13,001 cubic yards of soil. Section 17.38.030 of the Moorpark Municipal Code establishes grading requirements for hillside areas. Generally, this project is consistent with these requirements, in that the average slop is less than 20%. Areas exceeding a 20% slope do not occur along ridgelines. While the Developer has worked to ensure that the Project is designed to be consistent with the hillside grading and development requirements of the Municipal Code, the Project is exempt from the provisions of this ordinance because of the proposed DA. Utilities and Drainage: The Project would provide sewer, water, and other utilities for the Project through connections to nearby existing services. Water lines are to be installed through an existing connection on the eastern side of the Site, through Gabbert Road to join with an existing water line. Project sewer lines would connect to an existing sewer line at Poindexter Avenue. Existing Southern California Edison (SCE) high voltage transmission towers located at the eastern portion, away from the housing development, will remain in- place. On-site drainage will be addressed by paved gutters, driveway section and curb and gutters that show capacity to safely convey drainage through the site. Detention basin will be required and provided as Lot E and Lot F on the Vesting Tentative Tract Map (VTTM). Preliminary hydraulic analysis demonstrates that the proposed project can meet the City’s drainage design standards, and proposed Best Management Practices are sized to meet the Ventura County requirements as outlined in the Storm Water Quality Urban Impact Mitigation Management Plan (SQUIMP). Drainage from the project site will be controlled in a manner, which will allow the development to occur as intended without conflicting with any applicable State, County, or City of Moorpark regulations and without adversely affecting adjacent properties and/or the project itself. Several off-site drainage facilities are proposed to serve the Project and facilitate drainage from North Hills Parkway. Conditions of approval require the Development to obtain the necessary easements for these improvements prior to issuance of a grading permit. General Plan and Zoning Consistency 60 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 9 General Plan Consistency The existing General Plan land use designations for the Project Site is Rural Low Density Residential (RL) (see Figures 2A). The existing lots at the north of the property will remain RL for five future homes on five-acre lots. The proposed GPA (Attachment 3, Exhibit B) related to the remainder of the site would designate a mix of M (Residential – Medium), and Open Space (OS) (see Figure 3). The intent of the existing RL and proposed M, and OS designations are to provide transitions in residential density between the proposed medium density residential development and the existing land uses to the north. The overall proposed built-out density of North Ranch is approximately two units per acre. In comparison, the approved build-out density of the Hitch Ranch Specific Plan is approximately three units per acre. The proposed M designation is intended for residential development of 134 subdivided, detached single-family units. Areas with the proposed M designation will exhibit adequate and convenient access to local private collector streets and will be serviced by neighborhood commercial and private/public recreational facilities proposed within the Project. The Project would be consistent with the intent of the M designation and compatible with the existing surrounding development. With a land use designation of M, the total site could accommodate a maximum 137 units, however the Project proposes 134 units on the M-designated parcels. The northern portion of the Proposed Site will retain the existing General Plan designation of RL. Five, 5-acre estates will be built at a later time. This is consistent with the existing General Plan land use designation within the Gabbert Road community, immediately to the north of the Project. Land on the proposed slope along the south of the Project Site would be designated Open Space landscaping and trails. As proposed, the Project is consistent with the applicable General Plan designations. 61 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 10 Figure 2A - Existing General Plan Land Use Designation R L R L R L ~71 ~ ¾/2 ~ :, 62 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 11 Figure 2B - Existing Zoning Designation 63 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 12 Figure 3 – Proposed General Plan Land Use Designation and Zoning As proposed, the Project is consistent with 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. ---------------------------------- -----~-------------------- L.01'2 I I.OT ♦ LOT3 \ ' i ----LOT A ____ _ V -------------------------------------~------- ZON l NG -RrD OS GEN ER AL PLAN IZZl M E;:S:J RL OS ------ ______ _..-- 64 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 13 Policy 1.3: New residential development shall be consistent with City-adopted growth ordinance policies. 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 low 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 neighborhoods 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. 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 14.3: New development shall not contribute to or cause hazardous conditions of any kind. 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. 65 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 14 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: The City’s Draft 2021-2029 General Plan Housing Element is currently being reviewed by the California Department of Housing and Community Development and is anticipated to be adopted in early 2023. In the interim, the Project’s consistency with the existing 2014-2021 Housing Element is outlined below. Goal 2: Provide residential sites through land use, zoning and specific plan designations to provide a range of housing opportunities. Policy 2.1: Identify adequate sites which will be made available and zoned at the appropriate densities, to facilitate goals set forth in the 2014-2021 RHNA. 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 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. 66 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 15 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 2.1: Level of service “C” shall be the system performance objective for traffic volumes on the circulation system. For roadways and interchanges already operating at less than level of service “C”, the system performance objective shall be to maintain or improve the current level of service. 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. Goal 3: Adopt and maintain a set of roadway standards and transportation system design criteria which supports and maintains the desired character of the City of Moorpark. Policy 3.2: Planting and substantial landscaping shall occur along major arterials to mitigate visual impacts· and erosion problems. Goal 5: Provide a citywide system for safe, efficient and attractive bicycle and pedestrian routes for commuter, school, and recreational use. Policy 5.1: New development and redevelopment projects shall be required to include safe, separate, and convenient paths for bicycles and pedestrians so as to encourage these alternate forms of non-polluting transportation. Goal 6: Provide equestrian trails for recreational use. Policy 6.3: Multi-use equestrian, bicycle, and pedestrian trails shall be encouraged wherever feasible. Zoning Consistency: The existing zoning of the Project Site (Figure 2B) is Agriculture Exclusive (AE), which is not consistent with the existing General Plan designation of RL. The proposed zoning designations include RE-5AC, Residential Planned Development (RPD), and Open 67 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 16 Space (OS) (Figure 2). The five proposed five-acre lots would be zoned RE-5AC, the 134 residential lots and Lots B through G would be designated as RPD. Lot A is proposed as Open Space. As proposed the Project is consistent with the applicable zoning regulations. 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 particularly 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 among single-family dwellings; and 4. A more varied, attractive and energy-efficient living environment as well as greater opportunities for recreation than would be possible under other zone classifications. RPD Development Standards: Pursuant to MMC Section 17.44.040.C, the residential planned development permit establishes development standards related to height, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements. Accordingly, the standards for this Project will be defined through the review of this RPD request, as outlined in Table 4 below. 68 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 17 Table 4 Development Standards Development Agreement (DA) 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 North Ranch DA consisted of Mayor Parvin and Councilmember Pollock, with the assistance of the City Manager and Community Development Director. The Planning Commission is asked to provide a recommendation to the City Council regarding the DA. The proposed DA (Attachment 3, Exhibit E) includes a term of 15 years. Notable provisions of the DA are outlined below in Table 5. Development Standards Moorpark Municipal Code Proposed RPD Density – Maximum du/ac By Permit 7 du/ac Height By Permit 19 ft. -30 ft. Net Lot Area By Permit 5,956 sq. ft. – 11,478.26 sq. ft. Lot width (in feet) By Permit 50 ft. – 65 ft. Lot depth (in feet) By Permit 98 ft. – 130 ft. Setbacks – Front By Permit 20’ min Setbacks – Street Side By Permit 10’ min Setbacks – Interior Side By Permit 5’ min Setbacks – Rear By Permit 15’ min Lot coverage By Permit 23 ft. -51- ft. Parking for Dwellings, Single-Family 268 garage spaces (2 spaces in a garage) 268 spaces, plus driveway and on-street parking (2 spaces in a garage) 69 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 18 Table 5 - Development Agreement Summary DA Section Description 6.1 Development as a Residential Project Ensures that the proposed use of the property will be consistent with the approved development permits. 6.2 Condition of Dedicated or Conveyed Property Ensures that land/public right-of-way is dedicated to the City free and clear of encumbrances. 6.3 North Hills Parkway Improvements Establishes the timing and obligations related to the development of North Hills Parkway and associated public improvements. 6.4 Development Fee Per Unit Ensures payment of a Development Fee of $9,501.00 per market rate residential unit. 6.5 Traffic Mitigation Fee Ensures payment of a Traffic Mitigation Fee of $11,153.00 per market rate residential unit. 6.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees Ensures payment of the LAAOC fee for each market rate residential unit. 6.7 Air Quality Fees Ensures payment of Air Quality Fee of $1,765.00 per market rate residential unit. 6.8 Park Fees Ensures payment of Park Fee of $12,447.00 per market rate residential unit. 6.9 Community Services Fee Ensures payment of the Community Services Fee of $2,788.00 per market rate residential unit. 6.10 Art in Public Places Fee Ensures payment of the Art in Public Places Fee for each residential unit. 6.11 Other Development and Processing Fees Ensures payment of standard plan check and development fees not specifically negotiated through the DA. 6.12 Processing Fees Ensures payment of all fees associated with processing the development permits and environmental analysis. 6.13 Community Facilities District (CFD) Required the Developer to establish a CFD to provide ongoing funding and maintenance of: recreation facilities, open space, graded slopes, and public landscaping within the Project. 6.14 Gabbert Road Railroad Crossing Contribution Secures $300,000 towards the cost of the design and construction of Gabbert Road and the Union Pacific railroad crossing payable no later than the final inspection of the 70th dwelling unit within the project. 6.16 Densities Allowed for Development and Affordable Housing Reserves 20 (15%) of the proposed units as affordable with 18 proposed for moderate-income households, one for very-low income households and one for extremely-low income households, including related terms and obligations. 70 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 19 6.23 Homeowners Association Requires the Developer to form a property owner association 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. 6.24 Gabbert Road Improvement Requires the Developer to improve Gabbert Road prior to first building permit from immediately north of the railroad right-of-way to the proposed intersection of North Hills Parkway, with improvements to include four (4) travel lanes, with bike lanes, curbs, gutters, parkways, and sidewalks on each side of the street, all consistent with Ventura County Standards to the satisfaction of the City Engineer/Public Works Director. 6.25 Secondary Access to Los Angeles Avenue Secures the provision of a secondary access road from the west side of the Project to Los Angeles Avenue as indicated on VTTM 5847, Sheet 7, Overall Access Plan. All required access easements and permits necessary from any agency or property owner to install this required secondary access road shall be obtained prior to the issuance of any building permit for the development. Vesting Tentative Tract Map The Project includes VTTM 5847 which would subdivide the property into 134 single- family residential lot, 5, five-acre estate lots. The subdivision would also create common area lots for drainage, open space/landscaping maintenance, and access as indicated as Lots A-G on the VTTM. (Attachment 3, Exhibit C). Phasing The Project is anticipated to be completed in phases as shown in Table 6 below: Table 6 – Phasing Plan Phase No. Description Lot No. 1 Grading, Streets, and Underground Utilities -- 2 Construction of Models 77-79 3 Building Phase 1 6-17 4 Building Phase 2 18-24, 135-139 5 Building Phase 3 33-48 6 Building Phase 4 25-32, 49-56 7 Building Phase 5 57-60, 89-95, 132-134 8 Building Phase 6 117-131 9 Building Phase 7 96-104, 115-116 10 Building Phase 8 105-114 11 Building Phase 9 61-66, 83-88 12 Building Phase 10 67-76, 80-82 To be determined Estate Lots 1-5 ENVIRONMENTAL DETERMINATION 71 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 20 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 under 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 Mitigated Negative Declaration (MND) (State Clearinghouse Number 2022090401) was prepared by the City for the Project, which analyzed potential environmental factors that may be affected by the Project. Potential significant impacts were identified for the following areas: Air Quality, Biological Resources, Cultural Resources, Geology/Soils, and Transportation. For each of the potentially-affected factors, mitigation measures are recommended that would reduce the potential impacts to less than significant levels. The mitigation measures for each of the potentially-affected factors are listed below in Table 7 and outlined in-full in the Final MND. The City Council is the approval body for the certification of the MND upon recommendation by the Planning Commission. Table 7 - CEQA Mitigation Measures Summary Air Quality: MM-AQ-1: The developer shall ensure that all onsite vehicles and equipment with horsepower greater than 50 shall meet, at a minimum, EPA Tier IV final engine certification requirements. MM-AQ-2: The developer shall ensure that the architectural coating activities shall be phased such that they extend for a minimum of 150 days over the duration of the Project construction. Biological Resources: MM-BIO-1: If it is feasible, the clearing of vegetation and construction activities will be conducted between August 31st and February 1st, which is outside of the typical breeding/fledging season for the sensitive bird species and migratory birds that may nest on or in the immediate vicinity of the Project site. If clearing of vegetation and construction activities within the selected projects are planned between February 1st and August 31st, then breeding bird surveys will be conducted by qualified biologists at a maximum of seven days prior to the commencement of activities. MM-BIO-2: Prior to the commencement of ground disturbance or vegetation removal activities, including but not limited to grubbing, grading, and fuel modification, two preconstruction surveys for special-status wildlife species, including coast horned lizard, coastal western whiptail, California glossy snake (Arizona elegans occidentalis), Coast patch-nosed snake, and western spadefoot, by a qualified biologist(s) to 72 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 21 determine presence/absence of these species at the site. MM-BIO-3: If any individual of the four species are found during the survey, then a salvage program will be initiated for the site. The salvage program will consist of the capture of individuals from the area to be impacted by the Project implementation and their relocation to a predetermined offsite location, which has CDFW’s approval, with appropriate habitat that will not be impacted by the Project activities or other construction activities in the vicinity. MM-BIO-4: Prior to the initiation of any grading and during initial grubbing and topsoil salvage, biologists shall attempt to capture and relocate all reptiles within the impact area. Other ground dwelling wildlife, i.e. amphibians and mammals, shall be relocated if the opportunity presents itself. MM-BIO-5: To reduce impacts resulting from construction vehicle traffic, routes and trips shall be restricted to a minimum number. Earth-moving equipment shall be confined to the narrowest possible corridor during construction. MM-BIO-6: The construction of litter barriers (i.e.: walls or small mesh-chain link fence) around the Project site shall be accomplished in order to limit the progression of litter into the open spaces of the Project area or surrounding areas. Continuous deflective separation units shall be installed in the storm drain inlets to remove gross pollutants from storm water. MM-BIO-7 In order for any remaining unmodified natural open space within or adjacent to the Project site to continue to function as a natural part of the regional ecosystem to the greatest extent possible, the applicant shall develop a management plan for the protection and maintenance of remaining onsite open space areas. The plan shall be incorporated into the CC & R's for the tract and shall contain at least the following elements: • Goals and Objectives • Permitted and Prohibited Uses • Exotic Plant and Animal Management • Litter Management • Responsible Parties • Funding • Enforcement and Penalties • Trespass Remediation • Contingencies MM-BIO-8: To reduce coastal sage scrub loss resulting from fuel modification, a fuel modification zone shall be developed to restrict brush clearance to the minimum distance specified by the Ventura County Fire Department. MM-BIO-9: Any coastal sage scrub that is remaining after full Project development will be preserved and enhanced. Any natural open space areas (excluding areas of mule fat scrub and southern alluvial fan scrub) and not affected by fuel modification requirements will be used for the creation of coastal sage scrub. 73 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 22 MM-BIO-10: Grading and fuel modification impacts to the California brittle bush scrub plant community shall be compensated by restoration of in-kind habitat in an area(s) to be preserved as permanent open space. A Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist, or resource specialist, and approved by the City of Moorpark prior to issuance of the grading permit for the Project. In broad terms, the plan shall at a minimum include: • Description of the project/impact and mitigation sites • Specific objectives • Success criteria • Plant palettes • Implementation plan • Maintenance activities • Monitoring plan MM-BIO-11 To eliminate potential unapproved or offsite grading incidents earth-moving equipment shall be confined to within the approved limits of grading during construction. The limits of grading shall be fenced so that construction equipment does not impact areas outside the approved limits of grading. MM-BIO-12 Prior to issuance of the grading permit, the Applicant shall prepare and submit a Streambed Alteration Notification package to the CDFW for alterations to CDFW jurisdictional streambed and habitat. A Streambed Alteration Agreement shall be entered into with the CDFW under Section 1602 of the California Fish and Game Code, and the Applicant shall comply with the associated conditions. Prior to issuance of the grading permit, the Applicant shall also consult with RWQCB and United States Army Corps of Engineers (USACE) to determine if permits are required from those agencies. If required, the appropriate permits shall be obtained from the RWQCB and/or USACE, and the Applicant shall comply with the permit conditions. MM-BIO-13 A habitat mitigation and monitoring plan shall be developed prior to issuance of any building or grading permit. The plan shall mitigate for permanent grading impacts to 0.24 acre (1,155 linear feet) of RWQCB waters of the State/CDFW streambed at a 2:1 ratio. The Habitat Mitigation and Monitoring Plan shall mitigate for the permanent impacts to jurisdictional areas via an acceptable mitigation approach that involves one or a combination of the onsite or offsite enhancement of degraded in- kind habitats subject to the approval of the City of Moorpark, CDFW, and RWQCB (if applicable). Cultural Resources: MM-CUL-1: A qualified archaeological monitor will periodically spot-check monitor Project ground disturbance activities to ensure that sensitive archaeological artifacts, features, or deposits are not being encountered. Geology/Soils: MM-GEO-1: Fill soils shall be compacted to a minimum of 90 percent relative compaction. 74 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 23 MM-PALEO-1 Prior to issuance of a Zoning Clearance for a grading permit, the applicant shall be required to obtain the services of a qualified project paleontologist to remain on-call for the duration of the proposed ground disturbing construction activity. MM-PALEO-2 At the completion of all ground-disturbing activities, the project paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any. Transportation: MM-TRA-1: Electric Vehicle Charging/Parking Spaces: The Project would install electric vehicle charging and parking stations. MM-TRA-2: Metrolink Incentives: The Project shall provide incentives for the Project residents and other potential users of the station to utilize the public transit system. MM-TRA-3: Pedestrian Connectivity. The Project shall install on-site sidewalks and provide connections to the existing/future off-site pedestrian network. A Notice of Intent to Adopt the MND was published on May 13, 2022. Pursuant to CEQA Section 15073, a public review period of not less than 30 days is provided when a proposed MND is submitted to the State Clearinghouse for review by state agencies, which concluded on October 24, 2022. The City received seven comment letters regarding the MND, five from public agencies and two from individuals. Comments provided during the public review period were analyzed and responded to in the Final MND. Staff determined that the comments provided did not warrant further analysis and were adequately evaluated in the Final MND. AGENCY COORDINATION Extensive agency coordination has taken place throughout the life of the project. This coordination includes the Development Review Committee (DRC), which is a multi- agency team led by the Community Development Department and comprised of representatives from numerous city and county agencies, as well as utility service providers. The DRC provides direction to project applicants during the planning process to ensure that projects under review are designed in a manner that complies with all applicable development and life safety standards, is feasible to construct, and feasible to serve by each agency. Each DRC agency, including the Ventura County Fire Protection District and Ventura County Waterworks District No. 1, has provided comments to direct key revisions to the Project as it was refined. The DRC reviewed this Project on November 20, 2019, April 14, 2020, and during September 2022. The Conditions of Approval provided by each DRC member agency are included in the attached resolution. NOTICING Public Notice for this meeting was provided in accordance with Chapter 17.44.070 of the Zoning Ordinance, as follows: 75 Honorable Planning Commission North Ranch 11/22/2022 Regular Meeting Page 24 1. Publication. The notice of the public hearing was published in the Ventura County Star on November 11, 2022. 2.Mailing. The notice of the public hearing was mailed on November 11, 2022, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, within 1,000 feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3.Sign. One 32 square-foot sign was placed on the street frontage on November 11, 2022. ATTACHMENTS 1.Aerial, Existing General Plan, and Existing Zoning Maps 2.Project Plans – Architectural and Landscaping 3.Draft Resolution No. PC-2022-686 Exhibit A: Mitigated Negative Declaration Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2022090401) Exhibit B: General Plan Amendment No 2016-02 and Zone Change No. 2016- 02 Exhibit Exhibit C: Vesting Tentative Tract Map for Tract No. 5747 (2016-02) Exhibit D: Conditions of Approval Exhibit E: Draft Development Agreement No. 2016-02 4.Public Comment Received REFERENCE The Project Mitigated Negative Declaration (State Clearinghouse No. 2022090401) is incorporate by reference and available online at: moorparkca.gov/880/North-Ranch- Moorpark-67 76 North Ranch Aerial/Vicinity Map PC ATTACHMENT 1 1"=777ft North Ranch 11 /09/2022 .; AerialNicinity Map ; . This map may f E:firesem.s a visua l display of rel o~d geograptll c information , Data provtded tiere-cm is 001 guaramee of acutual field conditlons. To be .s.u re of complete accu,acy. pl ea.s e comact t he re~por,si"bl e-s taf fer m ost up-to-date 1nfo1ma uon. 77 North Ranch General Plan Map - Designated: Rural Low Density Residential (1 DU/5 AC) 1"=777ft RURAL LOW DENSITYi RESIDENTIAL (1 DUIS AC) AGR MED IUM North Ranch General Pl an Map HITCH RANCH SPECIF IC PLAN HITl (H RANCH SPE(;IFIC PLAN 11 /09/2022 .; ; . HITCH R SPECIFIC HITCH RANC SPECIFIC PU This map may f E:firesem.s a visua l display of rel o~d geograp hlc in fo rmation , Data pro'Vlded tiere-cm is 001 guaramee of acutual field conditlons. To be .s.u re of complete accu,acy. pl ea.s e comact t he re~por,si"ble-staf fer most up-to-date 1nfo1ma uon. 78 North Ranch Zoning Map - Zoned: Agricultural Exclusive 1"=777ft N orth Ranch Zoning Map 11 /09/2022 .; ; . This map may f E:firesem.s a visua l display of rel o~d geograp hlc in fo rmation , Data pro'Vld.ed f'lere-cm is llOi gua ramee of acutual field conditlons. To be .s.u re of complete accu,acy. pl ea.se contact t he re~por,si"bl e-staf fer most up-to-date 1nfo1ma uon. 79 PROPERTY LIN LOT2 LOT1 NORTH HILLS P1'W.WAY (FUTURE RO.'DWAY) SEE ENLPRGEO SITE Pl.>N, S1-EET PROPOSED SETBACKS: FRONT (TO OAAAOE) FRONT (TO NON-GARN3E WALL) SIOE(1.sTOR)') SIOE(2-STOR)') SIDE -STREET ADJACENT REAR(1-sTORY) REAR(2-sTOR)') 311 \\tceFlR ACCESS ROAD DEVELOPMENT STANDARDS ,. ... PROPOSED SETBACKS ,..,, 15'-0- ��& 16'.0-MIN.BET¥.EENSTRUCTURES �:. 10'.c:r 10'.0-10'4 1S'-O-"'" SIDE SETBACK TO UPPER ��, CITT DIMENSIONS LOT NUMBER a;-u �....J z _J � r--.. '-0 a,:: UJ a.. 0 a,:: a.. � a,:: <( a.. a,:: 0 0 � I u z <( a,:: I l­o,:: 0 z ISSUE DATES: SHEET# A1-1 PC ATTACHMENT 2 ,,.,,,,, ::c I-a:: \- 0 I ... ~ z I I_ G) SITE PLAN ~ r •ar...c:t .,.,,.,. 80 SS?L-m l8i8J :3NOHd W£16 V-:J 'SVSV8V1V-:J m# avo~ v~noov ts3M oom ::::>77 'L9 J...Hl3dO~d :::l~Yd~OOW Cl'd(ll:ISSDJ\'~1.:1 -------- ~ a:: Cl Cl w a:: cc :r: (,!) :::, 0 a:: 0 :r: I- w > ct: Cl :r: c:.,;, ~ :r: I-a:: 0 z IZ0£6 V-:J -~~Vd~OOW a vo~ 1~3ssvci 6L6S H:JN'v'~ Hl~ON < \ I i HHION \ \ \ ~I ...... 81 SS?L-m l8i8J :3NOHd W£16 V-:J 'SVSV8V1V-:J m# avo~ v~noov ts3M oom ~ i:i: Cl Cl w a: Cl :r: (!) => ~ 0 :r: I- ::::>77 'L9 J...Hl3dO~d :::l~Yd~OOW IZ0£6 V-:J -~~Vd~OOW avo~ 1~3eevci 6L6S ~ ~ ~ I ~ < H:JN'v'~ Hl~ON ~ ~ * ""C"'"" i ~ j i <C < ...... HH:ION w 0 ci5 I- (,/J ~ z ~ _,J a. w I- ci5 ~I _,J ~ ~ ~ a. ---------------I ------------ - ---- 82 SS?L-m l8i8J :3NOHd W£16 V-:J 'SVSV8V1V-:J m# avo~ v~noov ts3M oom ::::>77 'L9 ,J,,.Hl3dO~d :::l~Yd~OOW N >-~ ~ i Cl) _,J _,J :i: ~ 0 z ::; 0 0:: LL Cl) w ::; 0 J: LL 0 3: w 5 IZ0£6 V-:J -~~Vd~OOW avo~ 1~3eevci 6L6S H:JN'v'~ Hl~ON .o-,g i ~ ~ z ! 0 F u w Cl) w t:: Cl) J: f-:::, 0 ± f-0:: 0 z 36'-0" 83 TOTAL UNIT COUNTS LOT USE AND COVERAGE PLAN 1: ""' "'' "'-" "" "'-"" l '°' ELEVATION "'-" =~ FOOTPRINT' '°'""' ~" ELEVATION "'-"' =o, FOOTPRINT' LOTSIZE COVERAGE ELEVATION ""' =~ FOOTPRINT' LOT SIZE COVERAGE ELEVATION A 8 "" "'-"' sme• ~-SCHEME (SQ.FT.) (SQ.Ff.) "'' '°' "'-" ""-'' REVERSED SCHEME (SQ.FT.) (SQ.FT.) "'' '°' '"" ""-'' REVERSED "'""" (SQ.FT.) (SQ.FT.) (%) ELEVATION B 9 ELEVATION C 11 CD C ✓ ,.-6,219 ® ✓ ,~, 6,&16 m @ ✓ 2,791 6,600 TOTAL: 28 CD ✓ 2,791 is,1,6 ~-· ® ' "" 6.6'7 .,, @ ' ✓ '·"' "" "'' i PLAN 2: CD '·"' '·"" ~., ® . ✓ 3,051 '·""' ... @ ✓ '·"' ,.., ,., ELEVATION A • CD ' ® ® ' ✓ :;,: 2,791 6,378 ~-· ,ro, '·""' 2,791 7,502 oS" ELEVATION B 12 ® ® @ ~ ELEVATION C • 2,388 &,016 ,., C ,n, '·""' ,,, C '·"' ,~, ,., u ® C ✓ '·"' 6,023 ® . ,ro, '·""' = @) ' ✓ 3,051 6,783 w TOTAL: 24 ...J z ® ' ✓ ,.-&,DU ,., ® ✓ ,n, '·""' ... (ill) 2,791 ,M> ...J 0 PLAN 3: ,-..:-il: ELEVATION A 10 ® ✓ 2,23-1 ""' ® C 3.051 '·""' ... GIT> C 2,2l-l ,~, ~., ELEVATION B 9 ® C ✓ 2,791 '·"" ~., ® . ✓ ,n, '·""' ... @) '·"' 6,422 '-0 ELEVATIONC 8 >-® ' 3,051 '·"" ... ® ' 3,051 '·""' ... (ill) ' '·"' .~, , .. I-TOTAL: 27 ® ✓ 2,791 '·"" ~., ® C ✓ zro, '·""' "' ® ✓ '·"' &,572 ,., ~ UJ PLAN 4: ® C 3,051 '·"" ... ® . ,n, '·""' @ C 3,051 s,ne CL ELEVATION A 12 ® ' ✓ 2,608 '·"" ~-• ® ' ✓ zro, 6,001 "' (ill) ✓ 2,791 6,419 0 f:3 ELEVATION B 7 ELEVATION C 14 ® 3,051 '·"" ... ® C ✓ zn• 6,010 m ® ' 3,051 ,~, ~ .. CL 0 TOTAL: 33 ® C ✓ ,.-'·"" ~-· @ ✓ ZM• 6,023 "' @ C ✓ ,.-6,645 "' < ~ 0 GD ' 2,791 '·"" ~ .. ® . ✓ zn• 6,022 @D ' 2,791 6,767 °'N PLAN 5: ~ <el ELEVATION A 8 ® ✓ 3,051 6,373 ® C ✓ ,~, 6,359 @ 2,23-1 6,670 ,,, < ""-=> 0,. ELEVATION B 8 ® ® GID C ✓ 3,051 11,53-1 , .. CL o< ELEVATION C • C 2,608 .~. C 3,051 '·"' ·~ ('.)u ® ® GE> ~ < -22 ' ✓ 3,051 ,~, ,., ' ✓ zro, 6,401 "-' '·"' .~. 0 @~ TOTAL: ® 3,051 ··~ ~-· ® . ZMO •·= @ ' ✓ ,.-6,000 0 3:;:i GRAND TOTAL: 134 ® C ✓ 2,608 '·"" ~-• ® C ✓ "" '·"' ~-' @ C ✓ 2,23-1 '"" ~ :s ~ ® ' ✓ '·"' '·"" ® C ,,., 6,916 MS @D ' ✓ 3,051 ""' ... ~6 ® ✓ 2,791 '·"" ~-· ® . ✓ ZMO •·= "' @ C 2,791 •·= ® C 3,051 '·"" ... ® ' ✓ zn• 5,036 @) 2,23-1 •= @) ' '·"' '·"" ® C ✓ ,~, 6,032 "' @ C '·"' •= ® 2,608 '·"" ~-• ® ' ,oo, '·""' "' @D ' ✓ '·"' 6,451 ® C ✓ 2,388 '·"" ,., ® C ✓ ''" '·""' ... @ C ✓ 2,23-1 '"' ® ' ✓ 3,051 '·"" ... ® . 3,051 '·""' ... @ ✓ 3,051 •·= ... :r: ® 2,791 '·"" ~-• ® ' ,n, '·""' ,,, @ ' 2,791 •= u ON ® C ✓ ,.-'·"" ~., ® C ,ro, '·""' ,u @ 2,23-1 •= z <(O 0~ 0 ' '·"' •·= ,., ® . ✓ ZMO '·""' "' @ C ,.-•·= <( "'< ~u ® C 2,23-1 6,010 ® ' 3,051 '·""' ... @D ' ✓ 3,061 '"" ... 0.:: w -@ "'"" 0 ' ✓ ,.-6,017 ,., ® . zn• '·""' m 2,791 •= :r: "'"' << ® ✓ '·"' G,016 ® C ,oo, '·""' "' @ C ✓ '·"' 6,424 I-l'.) o,_ "' ® C ✓ 2,388 '"' ® ' ✓ ZMO '·""' ,., 0.:: ~8 ® '·"' 6,467 ,., ® C ,oo, '·""' 0 "'::l: ® C ✓ 2,338 '·"" "' ® . ✓ 3,051 '·""' ... z @) ' ✓ '·"' 6,024 ® C ✓ zn• '·""' ® ✓ '·"' 6,010 ,., ® ✓ ZM• '·""' @) C ✓ 2,23-1 '·"" ® . "" '·""' ® ' ✓ ,.-'·"" ~., ® C ✓ ,n, '·""' ® ✓ '·"' '·"" ® ' 3,051 '·""' ® C ✓ 2,791 '·"" ~., ® C ✓ "" '·""' "' II I l~ATES: ® ® 9/il/2022 3,051 '·"" ... . 3,051 '·""' ® ' ✓ ,.-'·"" ~-• @) ' ✓ zro, 6,339 ® C 2,791 '·"" ~., @ C ✓ zn• 9,M9 ® 2,23-1 '·"" @ ✓ ,oo, 10,864 ® ' 2,608 '·"" ~., @) . ZMO 9,472 ® C ✓ 3,051 '·"" ... @) ✓ ,ro, •·= ® 2,791 '·"" ~-• @) C 3,051 ... ,, " 1 STYLEA•FARMHOUSE ' Pl.AN FOOTPRINT AREA INCLUDES I 1i'"A1-s STYI.EB■AMERICANCLASSIC GARAGE AND COVERED OUTDOOR STYI.EC•COTTAGE """ TABLES (D 84 ~ ;,; ~~~~o= 20'--0" M. BEDROOM OUTDOOR LIVING ~ 2-CAR " GARAGE ==---------==, G II II II II II II II II II II ffl= Li@ ~ LIVING 17-3"x2S•2" □D ® D 48'-8" PLAN lA-FLOOR PLAN ,cue,,,.,·~ G) ~ 101"'11.M!G 1,506 SF GARAGE ~□~ =============, II II II II II II II II II II 20'--0" M. BEDROOM OUTDOOR LIVING ~ 2-CAR " GARAGE cw II II II Li@ LIVING 1r-rx25~2" □D ® BEDROOM 12'•7"X12'•2" B _:~~~~-}_ ~ 48'-8" [ PLAN l B -FLOOR PLAN '°"' ,,, .. ,~ 0 ~ I l'ROVllETHEFOLLCMING WOODSIUDSl!tlG:2<-IEXTERIORFRAMtlG.MPI.UMBHGt DEM~GW"'1LS.2><4 .IJ.LOTHER NIERIOR FR.OM~G. 2 ,O.LLCEUIGSSH,o.LL8E,O,l'H1'11SOVEFtllSHEOFLOOR 3 ,O.LL$Tl!UCIURESSH,O.LlSEPROVllEOWffH~,'JJIOt,V,IICFIRE ~ll.El!S\'STEMJj,'CCOROMICEWffHTHECURllENTARECOOE. ~ ;;;: :;,: ;;;-~II! "-'-0 >-I-~ UJ CL 0 ~ CL ~ ~ < CL ~ 0 0 ~ :r: u z <( 0.:: :r: l-o.:: 0 z f:3 .. 0 < ~N ~8 => 0,. o< <.'.lu < -@~ 3:;:i ~ :s ~6 ON <(O 0~ "'< ~u w -"'"" "'"' << <.:)O.. "' ~8 "'::l: ISSUE DATES: SHEET# A2-l 85 SS?L-m l8i8J :3NOHd W£16 V-:J 'SVSV8V1V-:J m# avo~ v~noov ts3M oom ::::>77 'L9 J...Hl3dO~d :::l~Yd~OOW r ========== II II II II I I Oz :: 8~ II II II II II II ,,9-,v9 [Du] LJ_JL!..] IZ0£6 V-:J -~~Vd~OOW avo~ 1~3eevci 6L6S H:JN'v'~ Hl~ON '.I' ~ z :5 0.. "' 0 ~ ' u z :5 0.. 86 ~=============== ::~ ,, : : TDO ,, OOVIN ,, ,, ,, I ~ M. BEDROOM ~ 0 "I fc:::) " ~ CJ t~~~J D BEDROOM l 'I 11 DINING : ~'tJr:2, ~ 0 ® FOYER 50'-0" 22'-8" 2-CAR GARAGE ~ " l 'I PLAN 3A -FLOOR PLAN G) '.? ~ A.OOR.lR!:~•Pl.lN3AJ3B/3C "" ~-------------== ::~ ,, : : TDO 11 IVING ,, ,, ,, [I ~ M.BEDROOM ~ D B~?!~.~M CJ l ~ DINING~ l"2l = L.Jo□LU ....... ~~;oog·· ..... @) LHE] '! 50'-0' 22'-8" 2-CAR GARAGE I I I' il'>l2HSl2li j ~ " l 'I PLAN 3B -FLOOR PLAN 0 ~ I l'ROVllETHEFOLLCMING WOODSIUDSl!tlG:2<-IEXTERIORFRAMtlG.MPI.UMBHGt DEM~GW"'1LS.2><4 .IJ.LOTHER NIERIOR FR.OM~G. ~ ;;;: :;,: ;;;-~II! "-'-0 >-I-~ UJ 0.. 0 ~ 0.. ~ ~ < 0.. ~ 0 0 ~ :r: u z <( 0.:: :r: l-o.:: 0 z f:3 .. 0 < ~N ~8 => 0,. o< <.'.lu < -@~ 3:;:i ~ :s ~6 ON <(O 0~ "'< ~u w -"'"" "'"' << <.:)O.. 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CS9 -WRIGHTWOOD PLAN lC CSl0-HIDDEN CAPE PLAN 2C CSl 1 -ADMIRAL BLUE PLAN 4A I ., I f .ii J • -· ~ . ., CS3 -BUTTERCUP PLAN4B f\ -~ CS6 -BEACH STONE PLAN 2A CS8 - EXCLUSIVE IVORY PLAN 4C COLOR SCHEMES II 11! :;,: ;;;- ~II! "-II'° >-I- ~ UJ CL 0 f:3 ~ .. CL 0 < ~ 0 °'N II~ < al ""-=> 0,. CL o< <.'.lu ~ < - 0 @~ 0 3:;:i ~ :s ~ ~6 I~ :r: u z <( 0.:: :r: l-o.:: 0 z ON <(O 0~ "'< ~u w -"'"" "'"' << l'.) o._ "' ~8 ,,, ::l: ISSUE DATES: SHEET# A4-l 108 -OEW.WO P-100 GLACI ER WH ITE (A Ba se) WMITEBEACH -- P-138 HAYSTACK (A Ba se) PAINT-MAI N SOING DU!<INBlWARDS DE'W3«1-WIISPER PAINT-ENTRY DOOR/SHUTTERS DU~NBlWARDS D~J.50-DARKENGtlE STUCCO P-100 -GLACB......m:(ABASE) PAINT-MAI N SOING DU!<INBlWARDS DE5371 -......m:BEACH PAINT -ENTRYDOOR~HUTTERS DUNNEDWARDS DEWl-lO-WISPER STUCCO """" P-13&HAYSTACKIA6ASEI -o£W>IO --- -OEW>IO PAINT-EAVESAt,OTRIM Dl»INBlWARDS DEW140-'MIISPER WINDOWS VNYL WINDOWS t.W-llfACTU!ED BY THERIGHrY,t<IOOWCOtaANY1" ROOFING-TILE BORAI.ROOANG SHADOWGRfYBI..RMT CONCRETE ROOF TILE aASSAIIIERATED -DE\ViMO GARAGEDOORPAIMT: DltlNEDWARDS ----DEWl-lO-WISPER GARAGE DOOR AMAAR®IMSLlATEDSIEEI. OVERHEAD DOOR ..,,.,.,_.sme: C"RRl"GECO\Htl /SEAIROOKOOOR °'''" "T 'U Tl\E: OLYMP\JS/lHOl!TOOOROESIG N ICLE.AAGi.,,,ss~W tlOOWS] OESIGNERCHOICE /SEAO!OAAO DOOR DESIGN CUSIOMllEOFORANGLEDCO~E~ --P,---,j STONE ELDORADO STONE C\1'RESSRDGE CATANIA NAT\RAI.GRAYGROUf 'n!OEO'BGROUT COLOR SC HEME l -WHITE ROSE G) PAINT-EAVESAt,OTRIM DUMNBlWARDS DEWl-lO-'MIISPER WINDOWS VNYL WINDOWS t.W-llfACTU!ED BY THE RIGHr Y,t<IOOW COtaANY1" ROOFING-TILE 60RAI.ROOANG 'l.{AlHEREDSHAl:'J: CONCRETE ROOF TILE aASSAIIIERATED -DEWJ.co GAl!AGEDOORPAINT: DltlNEDWARDS ----DEWl-lO-WISPER GARAGE DOOR AMAAR®IMSLl.ATEDSIEEI. OVERHEAD DOOR ..,,.,.,_.sme CARRIAGECOIJl!T /SEAIROOKOOOR °'''" "T 'B'Sll\E: OLYMP\JS/SHOl!TOOOROESIG N ICLE.AAGi.,,,ss~W tlOOWS] "T 'C'SIYLE: OESIGNERCHOICE /SEAOWAAO DOOR DESIGN CUSIOMllED FOR ANGLED CO~E~ STONE ELDORADO STONE n-.........,_.~:'~" MATC ... GGROOTCOLOR(lllDI WDEO'BGROUT COLOR SCHEME 3 -BUTTERCUP @ SERENE THOUGHT NORTHQAT&GAUH P-872 MYSTIC PINE (S Bo se) PAINT-MAINSOl'IG OltlNEOWARDS D~II-HAlEBlUE ,...,~ P-176.l-SWEErPEAjBBASE) PAINT -MAt-1 SOl'IG 01..tlNEDWAl!DS D6&234-SERENETHOUGHr ,...,~ P~72-Mt'SllCPtlEf8BASE) -OEW><o PAINT-EAVESANDTRIM GARAGE DOOR AMARI!® IMSLlATEDSIEEI. 01..tlNEDWAl!DS OVERIEADDOOR OEWl-lO -'IHSPER ..,,.,.,_.sme: CARRIAGECOIJl!T /SEAIROOKDOOR "'''" "T 'B'S!Af: -OLYMP\JS/SHOl!TOOOROESGN -ICLE.AA GI.....S~W tlOO'Nll ,l,l'C'STYLE: OESIGNERC~E/SEAO!OAAO OOORDE!IG N GARAGEDOORPAIMT: 01..tlNEDWAl!DS CIJSTOM llEDFORMIGLEDCORNE~ ----DEWl-lO-WISPER WINDOWS STONE VNYL ~DOWS MANlfACTU!ED BY ELDORADO STONE lHERIGHT wtlDOW COM'ANv1" ClffSTONE WHIIEFRAM:COLOR ' . '""'™'" ..... , ___ NAT\RAI.GRAYGROLJr 'nlDE0"1:IIGROLJr ROOANG-TILE BORAI.ROOFIIG SHADOWGRfYBURMT CONCRElEROOFllE CLASSAIIIERATED COLOR SCHEME 2 -SEA FOAM @ GARAGE DOOR PAINT -EAVES AND TRIM Ir 01..tlNEDWAl!DS 1 ~::~=:DSIEEI. DEWl-lO -l'fflPER ... ,w sme: SERENE THOUGHT CARRIAGECOIJl!T /SEAIROOKDOOR "'''" ,1,T 'B'S!Af: OLYMP\JS/SHOl!TOOOROESGN ICLE.AAGI.....S~W tlOOWll ,1,T 'C'SIYLE: GAl!AGEOOORPM-11 OESIGNERCHOICE/SEAOWAAO 01..tlNEDWAl!DS OOORDE!IGN CIJSTOMllEDFORMIGLEDCORNE~ DE6m-SERENETHOUGHr ~NDOWS I ill'= ~ONE VNYL~OO-...SMANlfACTU!EDBY t ELDORADOSTONE 1HERIGHTwtlDOWCOM'ANv1" , ClffSTONE WlillEFRAM:COlOR -.1.,... • ·.!t• ::GOGROUfCOLOR/TBDI ROOANG-TILE BORAI.ROOFIIG v.EATHEREDSHAl:'J: CONCIIElEROOFllE CLASSAFIRERATED WDE0"1:IIGROLJr COLOR SCHEME 4 -SPRING SAGE 0 II II! :;,: 11~111 '-0 >-I- ~ UJ 0.. II! f:3 .. 0 < 0 °'N < al < ""-=> <>- 0.. o< <.'.lu ~ < - 0 @~ 0 3:;:i ~ :s ~ ~6 :r: u ON z <(O 0~ <( "'< 0.:: ~u w . "'"" :r: "'"' << I-<.:)O.. "' II 0.:: ~8 0 "'::l: z ISSUE DATES: SHEET# A4-2 109 CLOUD ,_ - PAINT -MAI N SOING DU!<INBlWARDS Decm -a.ouo lll STUCCO P-511!-AGATE(BBASE) PAINT -MAI N SOING Dl»INBlWAROS DEAU9-SPICBl8ERRY SP.ICE D BERRY f -r ,... Ii -- P-1 00 GLACIER WHITT (A Base) DU NN EDWARDS DEWl-lO•VHSPER STUCCO """" P-100 -GLACERWIIIEIABASE) -o£W>IO --- -OEW>IO PAINT -EAVESAt,OTRIM Dl»INBlWARDS DEW140-~ISPER WINDOWS VNYL WINDOWS t.W-llfACTU!EO BY THERIGHrY,t<IOOWCOtaANY1" ROOFING-TILE BORAL ROOANG SHADOWGl!f'l'BI..RMT CONCRETE ROOF TILE CLASSAIIIERAlEO -DEWJ.to GARAGEDOORPAIMT: DltlNEDWARDS ----DEWl-lO-WISPER GARAGE DOOR AMAAR®IMSLlATEDSIEEI. OVERHEAD DOOR ..,,.,.,_.sme: C"RRl"GECO\Htl/SEAIROOKOOOR °'''" "T'UTl\E: OLYMP\JS/lHORTOOOROESIG N ICLE.AAGi.,,,ss~W tlOOWS] OESIGNERCHOICE/BEADSOAAO DOOR DESIGN CUSIOMllEDFORANGLEDCO~E~ STONE ELDORADO STONE Fl8.0lfOGE '"""" NAl\RAI.GRAYGROUf VIIDEO'BGROUT P_MNT • ALTERNATE ACCENT COLOR DltlNEOWARDS DE6.'.M7 -C0\1:IIED INPLA~UM COLOR SCHEME 5 -LIGHT FOG ® PAINT -EAVESAt,OTRIM DUNNBlWARDS DEWl-lO-~ISPER WINDOWS VNYL WINDOWS t.W-llfACTU!EO BY THE RIGHr Y,t<IOOW COtaANY1" ROOFING -TILE BORALROOA NG 'l.{AlHll!EDSHAl:'J: CONCRETE ROOF TILE CLASSAIIIERAlEO -DEWJ.co GARAGEDOORPAINT: DltlNEDWARDS ----DEWl-lO-WISPER GARAGE DOOR AMAAR®IMSLl.ATEDSIEEI. OVERHEAD DOOR ..,,...,.sme CARRIAGECOIJRI /SEAIROOK OOOR "'''" "T'B'Sll\E: OLYMP\JS/SHORTOOOROESIG N ICLE.AAGi.,,,ss~W tlOOWS] "T'C'SIYLE: OESIGNERCHOICE/BEADWAAO DOOR DESIGN CUSIOMllED FOR ANGLED CO~E~ STONE ELDORADO STONE Cl'l'RESSRDGE OROIARD MATC ... GGROOTCOLOR(IIIDI WDEO'BGROUT COLOR SCHEME 7 -BARN RED 0 RIVERB ED TIIIICAHMQSAIC P-5600 CARGO (B Ba,.) EXCLUSIVE IVOR'V BAMBOO SCREEN P-879 HUMBOLDT 18 Baso) PAINT -MAINSOl'IG DltlNEDWARDS DEC767•RMRBED ,...,~ ~-CARGO(UASE) PAINT -MAt-1 SOl'IG DltlNEDWARDS D6i5191-EXCLUSMMlRY ,...,~ P~?9 -lfJMIOI.DT(88ASEI -□E.w.><D -OEW><D PAINT -EAVESANDTRIM DltlNEDWARDS DEWl-lO •'IHSPER WINDOWS VNYL ~DOW. MANlfACTU!EO BY lHERIGHT wtlDOW COM'ANv1" GARAGE DOOR AMARI!® IMSLlATEDSIEEI. OVERIEADDOOR ..,,...,.sme: CARRIAGECOIJRI/SEAIROOKDOOR "'''" "T'B'Sl"1.E: OLYMP\JS/SHOR!t>OOROESGN ICLE.AAGI.....S~W tlOO'Nll OESIGNERC~E/BEADSOAAO OOORDE!IGN CIJSIOMllEDFORMIGLEDCORNE~ STONE ELDORADO STONE SLUFFSTONE ...... NAl\RAI.GRAYGl!Ollf VIIDEO'BGROUT u ....J ....J ~ ;;;: :;,: ;;;- ~ w z 0 :,:: --11c... "-'° >-I- ~ UJ --1c5 f:3 ROOANG -TILE BORALROOftlG YIEATltEREDSHAkf CONCIIEIEROOFllE CLASSAIIIERAlEO ~ CL ~ ~ < CL ~ 0 0 .. 0 < 0 i~ 86 @~ 3:;:i ---I~ ~ :s ~6 COLOR SCHEME 6 -BEACH STONE @ PAINT -EAVES AND TRIM DltlNEDWARDS DEWl-lO -l'fflPER WINDOWS VNYL ~DOW. MANlfACTU!EO BY THE RIGHT wtlDOW COM'ANv1" WlillEFRAM:COLOR ROOANG -TILE BORALROOftlG YIEATltEREDSHAkf CONCIIEIEROOFllE CLASSAIIIERAlEO GARAGE DOOR AMARR®IMSLl.ATEDSIEEI. OVERIEADDOOR ..,,...,.sme: CARRIAGECOIJRI/SEAIROOKDOOR "'''" "T'B'Sl"1.E: OLYM P\JS/SHOJ!Tt>OOROESGN -ICLE.AAGI.....S~W tlOOWll DEWJ.to "T'C'SIYLE: OESIGNERCHOICE/BEADWAAO OOORDE!IGN GARAGEDOORPAINT: DltlNEDWARDS CIJSIOMllEDFORMIGLEDCORNE~ ----DEWl-lO-WIIPER ~7'-l ~ONE ~ ELDORADO STONE FELDLEDGE PADOVA _. MATCHt-lG Gl!OUfCOLOR/TBDI WDEO'BGROUT COLOR SCHEME 8 -EXCLUSIVE IVORY ® :r: u ON z <(O 0~ <( "'< ~u 0.:: w -"'"" :r: "'"' << I-l'.) .._ "' II 0.:: ~8 0 "'::l: z ISSUE DATES: SHEET# A4-3 110 CHAPARAAL MAPLEVIEW P-891 WRIGHTWOOO (8 S.S<) P-20 CAPE COO (8 Base) PAINT -MAINSOING DU!<l!<IBlWARDS DEC74S •CHAl'ARRAI. ... ,~ P-!91-WIIGIIIW'JOD(BBASE) PAINT -MAINSOING DU!<l!<IBlWARDS DE5887 -ADMl!Al.lll.lE STUCCO P-l!l -CAPECOOfBBASE) -o£W>IO --- PAINT -EAVESAt,OTRIM Dl»INBlWARDS DEWl40•'MIISPER WINDOWS VNYL WINDOWS t.W-llfACTU!ED BY IHERIGHrY,t<IOOWCOtaANY1" ROOFING -TILE BORAI.ROOANG '1£4.IHEREOSIVJJ: CONCREIEROOflkE ClASSAFIERAlED GARAGE DOOR AMARR®IMSLl.ATEDSIEEI. OVERHEAD DOOR ..,,.,.,_.sme: C"RRl"GECO\Htl/SE.OJIROOKOOOR °'''" "T'UTl\E: OLYMP\JS/lfl:ll!TOOOROESIG N ICLE.AAGi.,,,ss ~WtlOOWS] DESIGNERCHOICE /SEAD BO AAC DOOR DESIGN CUSIOMllEOFORANGLEDCO~E~ STONE ELDORADO STONE 8llffSTONE PRESCOTT NAl\RAI.GRAYGROUf 'n!OEO'BGROUT COLOR SCHEME 9 -WRIGHTWOOD ® PAINT -EAVESAt,OTRIM DUMNBlWARDS DEW!-IO-'MIISPER WINDOWS VNYL WINDOWS t.W-llfACTU!ED BY THE RIGHrY,t<IOOWCOtaANY1" ROOFt-lG-TILE 80RAI.ROOANG SHADOWGl!EYILl1NT CONCREIEROOFTILE ClASSAIIIERAlED -- GARAGEDOORPAINT: 01..NNEDWARDS ----D~•WISPER GARAGE DOOR AMARR®IMSl.l.ATEDSIEEI. OVERHEAD DOOR ..,,.,.,_.sme ~=~GECOIJRT /SEAf!FOO~OOOR ..,,·a·sm.E: OLYMP\JS/Sf!OJ!TOOOROESIG N ICLE.AAGi.,,,ss~W tlOOWS] "1'C'Sl\1.E: DESIGNERCHOICE /BEADBOAAC DOOR DESIGN CUSIOMllED FOR "NGLED CO~E~ STONE ELDORADO STONE C\1'RESSRDGE CATANIA NAl\RAI.GRAYGROUf VIIDEO'BGROUT COLOR SCHEME l l -ADMIRAL BLUE @ PAINT · MAIN SIDING OUMNBlWARDS OE6U&•WAI.R~ PAINT -EAVESANDTRIM 01..NNEDWARDS Dem.D•'IHSPER WINDOWS VNYL~OOWSMANlfACTU!E08Y lHERIGHT wtlDOW COM'ANv1" ROOANG-TILE aoRAI.ROOFIIG SHADOWGREYBURNT CONCREIEROOFllE CWSAFIIERAlED -- GARAGEDOORPAINT: 01..NNEDWARDS ----DEW!-IO -WIIPER GARAGE DOOR AMARI!® IMSLl.ATEDSIEEI. OVERIEADDOOR "T ',1:mtE: CARRIAGECOIJRI /SE.OJIROOKDOOR "'''" "T'S'SIAf: OLYMP\JS/SHOR!t>OOROESGN ICLE.AAGL....S ~WtlOO'Nll OESIGNERC~E /SEADBOAAC OOORDE!IGN CIJSIOMllEDFORMIGLEDCORNE~ STONE u ....J ....J ~ ;;;: :;,: ;;;- ~ w z 0 :,:: ELDORADO STONE C'rl'RESSRDGE CAl"ANIA NAl\RAI.GRAYGROLJr VIIDEO'BGROUT --11c... "-'° >-I- ~ UJ --1c5 ~ CL ~ ~ < CL ~ 0 0 ---I~ f:3 .. 0 < 0 i~ 86 @~ 3:;:i ~ :s ~6 COLOR SCHEME l O -HIDDEN CAPE @ :r: u z <( 0.:: :r: l-o.:: 0 z ON <(O 0~ "'< ~u w -"'"" "'"' << l'.) .._ "' ~8 "'::l: ISSUE DATES: SHEET# A4-4 111 West Point Homes Tract 5847 Conceptual Landscape Plan WALL & FENCE LEGEND ---42"SPUTRAILFENCE !i!!i!!i!!i!!i!S-6"\AoOOOFENCE --5'-6" TIJBULAR STEEL FENCE IOJ----;••• s-6" SLUIAP BLOCK WAU. -ENTRYWALL * CUJSTER MAIL BOX USPS 16, OU1D<XlR FRCHT LOAD STYLE ~::=~t:;,:~ Road 3652 ~ Calabasas , cal fomia 91302 4111111h~ 805-370-0075 ~., "''''"'" . .,. ~ ii r, II II ~~• J. ~ ~ 60''----ffO' 1810' v~=..-U:, 112 RESOLUTION NO. PC-2022-686 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2016-02, DEVELOPMENT AGREEMENT NO. 2016-02, ZONE CHANGE NO. 2016- 02, VESTING TENTATIVE TRACT MAP FOR TRACT NO. 5847 (2016-02), AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2016-02 FOR THE SUBDIVISION AND DEVELOPMENT OF 134 SINGLE-FAMILY RESIDENTIAL UNITS, AND FIVE FUTURE SINGLE-FAMILY HOMES ON ESTATE LOTS, INCLUDING PRIVATE ROADS, COMMUNITY PARKS, OPEN SPACE, TRAILS, AND ASSOCIATED ON- AND OFF- SITE IMPROVEMENTS ON APPROXIMATELY 68 ACRES OF PROPERTY, LOCATED AT 5979 GABBERT ROAD, AND INCLUDING A GENERAL PLAN AMENDMENT LAND USE DESIGNATION CHANGE FROM RURAL LOW (RL) DENSITY RESIDENTIAL TO MEDIUM (M) DENSITY RESIDENTIAL, AND OPEN SPACE (OS), AND A ZONE CHANGE FROM AGRICULTURE EXCLUSIVE (AE) TO RE-5AC, RESIDENTIAL PLANNED DEVELOPMENT, AND OPEN SPACE (OS), AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF JAMES AND MAKENZIE RASMUSSEN ON BEHALF OF WEST POINTE HOMES. WHEREAS, on October 31, 2016, the Applicant submitted a formal development application for the General Plan Amendment (GPA), Zone Change (ZC), Residential Planned Development (RPD), a Vesting Tentative Tract Map (VTTM), and Development Agreement (DA) for the subdivision and development of 139 residential units, including associated open space, public park, and landscaping, as well as roadways, stormwater and detention facilities, and associated improvements on a 68 acres of property generally located north of Poindexter Avenue, west of Gabbert Road, and inclusive of Assessor Parcel Nos. 511-0-190-285 and 511-0-190-305 (the “Project”) on the application of James and Makenzie Rasmussen on behalf of West Pointe Homes (the “Applicant”); and WHEREAS, pursuant to Section 15074 of the State Guidelines for the California Environmental Quality Act (“CEQA” and the “State CEQA Guidelines”), an Initial Study and Draft Mitigated Negative Declaration (MND) dated September 2022 has been prepared and based on the type and intensity of the Project and information contained therein, the Draft MND concluded that the Project, with the proposed mitigation measures, would not have a significant adverse effect on the environment; and WHEREAS the MND further identified that the project will have no or less than significant effects on aesthetics, agriculture and forestry resources, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, tribal cultural resources, utilities/service systems, and wildfire. In addition, the Draft MND identified that the Projects impacts on air quality, biological resources, cultural resources, geology/soils, and transportation are potentially significant but can be reduced to less PC ATTACHMENT 3 113 Resolution No. PC-2022-686 Page 2 than significant levels by implementation of the mitigation measures identified in the MND; and WHEREAS, on September 22, 2022, the City of Moorpark Community Development Department as the lead agency for the Project, published pursuant to CEQA a Notice of Intent to Adopt a MND for the Project (NOI) (State Clearinghouse No. 2022090401) analyzing the potential impacts of the Project on the environment and provided copies of the NOI and Draft MND for a 32-day public comment period, between September 22, 2022, and October 24, 2022; and WHEREAS, the City received seven comment letters during the Draft MND public review period and thereafter prepared written responses to all comments received on the Draft MND and those responses to comments re incorporated into the Final MND. The Final MND is hereby incorporated by this reference and is on-file with the Community Development Department; and WHEREAS, in connection with the approval of a project involving the preparation of an MND that identifies one or more potentially significant environmental effect, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those potentially significant effects to a less than significant level; and WHEREAS, pursuant to CEQA Section 15074, whenever a lead agency approves a project requiring implementation of measures to mitigate or avoid potentially significant effects on the environment, the lead agency is required to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation. A copy of the Mitigation Monitoring and Reporting Program (MMRP) for the project, which defines the measures which would be imposed to mitigate potentially significant environmental impacts is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, at a duly noticed public hearing on November 22, 2022, the Planning Commission considered the Final MND and proposed Project, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVINROMENTAL DOCUMENTATION: The Planning Commission has read, reviewed, and considered the MND prepared for the Project prior to making a recommendation on the Project and therefore makes the following findings: 114 Resolution No. PC-2022-686 Page 3 A. 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, including the Mitigation Monitoring and Reporting Program. B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final MND and Project. C. Pursuant to Section 15074 of the State CEQA Guidelines, the MND reflects the Planning Commission’s independent judgment and analysis, the MND has been completed in compliance with the State CEQA Guidelines, the MND contains a complete and accurate reporting of environmental impacts associated with the Project, the project will not result in a significant effect on the environment because the mitigation measures described in the MMRP (attached hereto as Exhibit A) have been added to the Project as condition of approval, and based on its review o the whole record, there is no substantial evidence in the record supporting a fair argument that the Project will have a significant effect on the environment. SECTION 2. FINDING OF GENERAL PLAN CONSISTENCY: The Planning Commission hereby finds the Project and all associated actions to be consistent with the General Plan based upon the information set forth in the staff report(s), accompanying studies, the Project Final MND and appendices, and oral and written public testimony, including but not limited to the General Plan Consistency Analysis provided in Section 3.10 (Land Use and Planning) of the Final MND incorporated by reference. SECTION 3. ZONE CHANGE FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the Final MND and appendices, and oral and written public testimony, the Planning Commission finds that the proposed zone change depicted in Exhibit D is consistent with the proposed General Plan land use designation and existing Housing Element. SECTION 4. RESIDENTIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, the Project Final MND, and oral and written public testimony, the Planning Commission makes the following findings in accordance with the City of Moorpark Municipal Code Section 17.44.040: A. 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. B. As outlined in the Project record, including the agenda report, Final MND, and associated studies, the site design would not result in negative impacts on or impair 115 Resolution No. PC-2022-686 Page 4 the utility of Project, structures, or uses in the surrounding area. As proposed and conditions, the Project site provides required parking, access improvements, site lighting, utility service, storm water biofiltration, and landscaping improvements necessary to serve the proposed use and prevent impacts to adjacent properties. The proposed Conditions of Approval (Exhibit D) would ensure the proposed residential use would not negatively impact the surrounding area. C. 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 proposed Project includes architectural elements, colors and materials which are similar and/or complimentary to nearby residential uses, including grading and landscaping which will help screen the residential development from existing neighborhoods and nearby travel routes. SECTION 5. VESTING TENTATIVE TRACT MAP 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 makes the following findings: A. The Project site is physically suitable for the type and intensity of development proposed in that the site has been engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site will be provided with public and emergency access because of the analysis contained in the Final MND and associated appendices. B. The site is physically suitable for the proposed intensity of development, in that all City development standards, including access and those standards proposed with the Project have been met by the Project, as outlined in the Project record, including the agenda report, Final MND, and associated appendices. C. The design of the tract is not likely to cause serious public health problems, in that adequate sanitation, water, fire protection, and related infrastructure and services are both feasible, proposed, and required as a condition of the Project. D. The design of the tract and the type of improvements will not conflict with easements acquired by the public at large for access, including streets and trails, through or use of the property within the proposed tract because full access to and from adjacent streets has been incorporated in the design of this Project. E. There will be no discharge of waste from the proposed tract into an existing community sewer system in a manner that violates existing water quality control requirements pursuant to Water Code Section 13000 et seq. 116 Resolution No. PC-2022-686 Page 5 F. Adequate water supplies exist to meet existing demands, anticipated demands from approved Project and tentative map, and the anticipated demands of the proposed Project, as outlined in the water supply analysis contained within the Final MND. G. The proposed tract is consistent with regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code and with the requirements of the Ventura County Fire Protection District Ordinance regulating fire land life safety for new developments. H. The proposed tract will have structural fire protection and suppression services provided by the Ventura County Fire Department, a publicly funded, full-time fire protection district. SECTION 6. DEVELOPMENT AGREEMENT FINDINGS: Based upon the information set forth in the staff reports, accompanying studies, the Project Final MND, and oral and written public testimony, the Planning Commission makes the following findings in accordance with Moorpark Municipal Code Section 15.40.100: A. The provisions of the development agreement are consistent with the General Plan in that the Project will provide for the orderly developed of land identified in the City’s General Plan and Zoning Ordinance as appropriate for residential development and the Development Agreement will strengthen the planning process by providing vesting development rights, addressing the timing of development, determine development fees and the provision of specific community benefits, including public improvements and affordable housing. B. 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 Moorpark Municipal Code because the Development Agreement contains the elements required by Section 15.40.030 and shall be processed through a duly-noticed public hearing process, as required by law. SECTION 7. HILLSIDE DEVELOPMENT FINDINGS: Based upon the information set forth in the staff reports, accompanying studies, the Project Final MND and appendices, and oral and written public testimony, the Planning Commission 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 8. PLANNING COMMISSION RECOMMENDATION: The Planning Commission hereby recommends that the City Council: 1) adopt the Final MND and Mitigation Monitoring and Reporting Program included herewith as Exhibit A and incorporated herein by reference pursuant to Public Resources Code Section 21081.6 and impose each mitigation measure set forth therein as a condition of the Project 117 Resolution No. PC-2022-686 Page 6 approval; 2) approve a resolution approving General Plan Amendment No. 2022-02 as depicted in Exhibit B; 3) adopt an ordinance approving Zone Change No. 2022-02 as depicted in Exhibit B; approve a resolution approving Vesting Tentative Tract Map for Tract No. 5847 (2016-02) as depicted in Exhibit C and subject to the Conditions of Approval included in Exhibit D; 4) approve a resolution approving Residential Planned Development Permit No. 2016-02 subject to the Conditions of Approval included in Exhibit D; and 5) adopt an ordinance authorizing Development Agreement No. 2016-02 as depicted in Exhibit E. SECTION 9. 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 22nd day of November 2022. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Mitigated Negative Declaration Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2022090401) EXHIBIT B: General Plan Amendment No. 2016-02 and Zone Change No. 2016-02 Exhibit EXHIBIT C: Vesting Tentative Tract Map for Tract No. 5847 (2016-02) EXHIBIT D Conditions of Approval EXHIBIT E: Draft Development Agreement No. 2016-02 118 MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the construction and operational phase of North Ranch Residential Project. The City of Moorpark is the agency responsible for implementation of the mitigation measures identified in the MND. This MMRP provides the City of Moorpark with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure: • The phase of the project during which the required mitigation measure must be implemented; • The phase of the project during which the required mitigation measure must be monitored; and • The enforcement agency. The MMRP includes a checklist to be used during the mitigation monitoring period. The checklist will verify the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation measure. 119 MITIGATION MONITORING AND REPORTING PROGRAM NORTH RANCH RESIDENTIAL PROJECT MOORPARK, CA Prepared for: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Prepared by: CHAMBERS GROUP, INC. 600 West Broadway, Suite 350 Glendale, California 91204 November 2022 120 MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency Level of Significance After Mitigation Verification of Compliance Initial Date Remarks Air Quality MM-AQ-1: The developer shall ensure that all onsite vehicles and equipment with horsepower greater than 50 shall meet, at a minimum, EPA Tier IV final engine certification requirements. If Tier IV final equipment is not available, the contractor may apply other technologies available for construction equipment such that it would achieve a reduction in NOx and particulate matter emissions comparable to that of Tier IV final construction equipment. Where alternatives to EPA Tier IV are utilized, the contractor shall be required to provide evidence that these alternative technologies would achieve comparable emissions reductions. Certifications or alternative reduction strategies shall be required prior to receiving a construction permit. Prior to construction Construction Planning Department Less than Significant MM-AQ-2: The developer shall ensure that the architectural coating activities shall be phased such that they extend for a minimum of 150 days over the duration of the Project construction. Prior to construction Construction Planning Department Less than Significant Biological Resources MM-BIO-1: If it is feasible, the clearing of vegetation and construction activities will be conducted between August 31st and February 1st, which is outside of the typical breeding/fledging season for the sensitive bird species and migratory birds that may nest on or in the immediate vicinity of the Project site. If clearing of vegetation and construction activities within the selected projects are planned between February 1st and August 31st, then breeding bird surveys will be conducted by qualified biologists at a maximum of seven days prior to the commencement of activities. Nests and birds exhibiting breeding behavior will be identified within 500 feet of the area to be impacted and efforts will be made (including the creation of appropriate buffers around the nests and areas used by breeding birds, rerouting vehicular traffic, limiting the number of vehicles, the use of non-mechanized tools, etc.) to limit disturbances to the nests. A qualified biologist will monitor the identified nests and birds exhibiting breeding behavior during the duration of the work or until successful fledging occurs, whichever comes first. If the monitor notes that identified birds and nests are being negatively affected by the construction activity, then the buffers will be increased to an appropriate distance to ensure fledging is successful. After the completion of the construction activities or the completion of onsite breeding activities, a letter report summarizing the work and its effect on the breeding birds will be produced and submitted to the CDFW. Prior to construction Prior to and during construction Planning Department / CDFW Less than Significant 121 MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency Level of Significance After Mitigation Verification of Compliance Initial Date Remarks MM-BIO-2: Prior to the commencement of ground disturbance or vegetation removal activities, including but not limited to grubbing, grading, and fuel modification, two preconstruction surveys for special-status wildlife species, including coast horned lizard, coastal western whiptail, California glossy snake (Arizona elegans occidentalis), Coast patch-nosed snake, and western spadefoot, by a qualified biologist(s) to determine presence/absence of these species at the site. The first survey shall be conducted within 14 days and the second survey shall be conducted within three days of commencement of ground or vegetation disturbing activities. These surveys should coincide with weather conditions that are conducive for each species; sunny late-spring or summer days with above-average temperatures for, coast horned lizard, coastal western whiptail California glossy snake and the Coast patchnosed snake spadefoot. If the any of the four species are found to occur onsite during the additional surveys, then Mitigation Measure BIO-3 shall be instituted. Prior to construction Prior to construction Planning Department/ CDFW Less than Significant MM-BIO-3: If any individual of the four species are found during the survey, then a salvage program will be initiated for the site. The salvage program will consist of the capture of individuals from the area to be impacted by the Project implementation and their relocation to a predetermined offsite location, which has CDFW’s approval, with appropriate habitat that will not be impacted by the Project activities or other construction activities in the vicinity. Time allowed for the salvage program will be determined by the size of the Project site and the abundance of the species that are found onsite. The salvage program will continue with the monitoring of the initial ground disturbance construction activities. The salvage program will conclude when all of the ground within the grading limits has been affected by construction activities. After the completion of the salvage program a letter report summarizing the surveys and salvage opportunities will be prepared and submitted to the CDFW. Prior to construction Prior to construction Planning Department/ CDFW Less than Significant MM-BIO-4: Prior to the initiation of any grading and during initial grubbing and topsoil salvage, biologists shall attempt to capture and relocate all reptiles within the impact area. Other ground dwelling wildlife, i.e. amphibians and mammals, shall be relocated if the opportunity presents itself. Wildlife shall be relocated to preserved areas of the site when appropriate or to nearby (in the same watershed) permanent open space areas. It is assumed that a two-person team can adequately salvage the reptiles on the entire site in half a day. Prior to construction Prior to construction Planning Department Less than Significant MM-BIO-5: To reduce impacts resulting from construction vehicle traffic, routes and trips shall be restricted to a minimum number. Earth-moving equipment shall be confined to the narrowest possible corridor during construction. Earth-moving and other construction equipment shall be confined to the Project footprint and shall not operate or maneuver in areas outside the Project footprint. The entire edge of grading shall be fenced with brightly colored “snow fence” or similar material. This shall serve to alert equipment operators of the grading limits. All vehicle access shall be via areas within the impact zone. No temporary access roads shall be made through portions of the site that shall be preserved as natural open space. During construction During construction Planning Department Less than Significant MM-BIO-6: The construction of litter barriers (i.e.: walls or small mesh-chain link fence) around the Project site shall be accomplished in order to limit the progression of litter into the open spaces of the Project area or surrounding areas. Continuous deflective separation units shall be installed in the storm drain inlets to remove gross pollutants from storm water. During construction During construction Planning Department Less than Significant 122 MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency Level of Significance After Mitigation Verification of Compliance Initial Date Remarks MM-BIO-7 In order for any remaining unmodified natural open space within or adjacent to the Project site to continue to function as a natural part of the regional ecosystem to the greatest extent possible, the applicant shall develop a management plan for the protection and maintenance of remaining onsite open space areas. The plan shall be incorporated into the CC & R's for the tract and shall contain at least the following elements: x Goals and Objectives x Permitted and Prohibited Uses x Exotic Plant and Animal Management x Litter Management x Responsible Parties x Funding x Enforcement and Penalties x Trespass Remediation x Contingencies The Project's Homeowners Association is expected to be the long-term owner of the any remaining unmodified natural open space and would be responsible for any necessary maintenance. Prior to construction During operation Planning Department Less than Significant MM-BIO-8: To reduce coastal sage scrub loss resulting from fuel modification, a fuel modification zone shall be developed to restrict brush clearance to the minimum distance specified by the Ventura County Fire Department. Clearance distances shall take into account the presence of any block walls used between developable areas and the adjacent native habitat areas. Prior to construction During construction and operation Planning Department Less than Significant MM-BIO-9: Any coastal sage scrub that is remaining after full Project development will be preserved and enhanced. Any natural open space areas (excluding areas of mule fat scrub and southern alluvial fan scrub) and not affected by fuel modification requirements will be used for the creation of coastal sage scrub. Details of the proposed restoration and creation efforts and success criteria shall be described in a Mitigation and Monitoring Plan that is to be approved by CDFW prior to implementation. Post construction During operations Planning Department/ CDFW Less than Significant 123 MM-BIO-10: Grading and fuel modification impacts to the California brittle bush scrub plant community shall be compensated by restoration of in-kind habitat in an area(s) to be preserved as permanent open space. To the extent possible, this shall be accomplished by the on-site restoration of disturbed habitats (e.g., non-native grassland) in-kind habitats. Restoration should be implemented only where suitable conditions exist to support viable in-kind habitats. If on-site restoration is not possible, compensation for the loss or modification of the California brittle bush scrub communities may be accomplished by off-site restoration of in-kind habitat or by a contribution to an in-lieu fee program approved by the City of Moorpark. A Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist, or resource specialist, and approved by the City of Moorpark prior to issuance of the grading permit for the Project. In broad terms, the plan shall at a minimum include: x Description of the project/impact and mitigation sites x Specific objectives x Success criteria x Plant palettes x Implementation plan x Maintenance activities x Monitoring plan Contingency measures/adaptive management Success criteria shall at a minimum be evaluated based on percent cover of planted native species, as well as control of invasive plant species within the restoration area. The performance standards for the Mitigation and Monitoring Plan shall be at a minimum the following: x Within five years after introducing the native plants to the mitigation site, the acreage of restored California brittle bush scrub shall be no less than the acreage lost to project construction. x Within five years after introducing the native plants to the mitigation site, the absolute cover of native species shall be no less than 80% within the restoration area. x Non-native species in the treated area shall be less than 15% relative cover by the end of the third year of treatment and less than 5% relative cover by the end of the fifth year of treatment; and, x Restoration will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control. The restoration project shall be initiated prior to development of the Project, and shall be implemented over a five-year period. The restoration project shall incorporate an iterative process of annual monitoring and evaluation of progress, and allow for adjustments to the restoration plan, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the restoration project shall be submitted to the City of Moorpark. Five years after Project start, a final report shall be submitted to the City, which shall at a minimum discuss the implementation, monitoring, and management of the restoration project over the five-year period, and indicate whether the restoration project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report. The project shall be extended if success criteria have not been met at the end of the five-year period to the satisfaction of the City. Prior to issuance of Grading Permit During operation Planning Department Less than Significant 124 MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency Level of Significance After Mitigation Verification of Compliance Initial Date Remarks If impacts to the California brittle bush scrub are to be mitigated by a contribution of an in-lieu fee, the applicant shall provide evidence of payment of the in-lieu fee prior to issuance of the grading permit. The fee shall be based on the cost per acre to restore or create in-kind habitat and the acreage of the plant community impacted. In-lieu fees shall be used for the restoration of in-kind habitat. MM-BIO-11 To eliminate potential unapproved or offsite grading incidents earth-moving equipment shall be confined to within the approved limits of grading during construction. The limits of grading shall be fenced so that construction equipment does not impact areas outside the approved limits of grading. During construction During construction Planning Department Less than Significant MM-BIO-12 Prior to issuance of the grading permit, the Applicant shall prepare and submit a Streambed Alteration Notification package to the CDFW for alterations to CDFW jurisdictional streambed and habitat. A Streambed Alteration Agreement shall be entered into with the CDFW under Section 1602 of the California Fish and Game Code, and the Applicant shall comply with the associated conditions. Prior to issuance of the grading permit, the Applicant shall also consult with RWQCB and United States Army Corps of Engineers (USACE) to determine if permits are required from those agencies. If required, the appropriate permits shall be obtained from the RWQCB and/or USACE, and the Applicant shall comply the permit conditions. The Applicant shall provide evidence to VCDRP that the required permits have been obtained prior to issuance of a grading permit. Mitigation for unavoidable impacts to jurisdictional waters and habitat shall be provided through implementation of the Habitat Mitigation and Monitoring Plan as required by MM-BIO-13. Prior to issuance of Grading Permit During construction and operations (if restoration/offsite mitigation is required) Planning Department/ CDFW/ USACE/ RWQCB Less than Significant 125 MM-BIO-13 A habitat mitigation and monitoring plan shall be developed prior to issuance of any building or grading permit. The plan shall mitigate for permanent grading impacts to 0.24 acre (1,155 linear feet) of RWQCB waters of the State/CDFW streambed at a 2:1 ratio. The Habitat Mitigation and Monitoring Plan shall mitigate for the permanent impacts to jurisdictional areas via an acceptable mitigation approach that involves one or a combination of the onsite or offsite enhancement of degraded in- kind habitats subject to the approval of the City of Moorpark, CDFW, and RWQCB (if applicable). The preferred mitigation approach is enhancement of on-site or off-site habitats within the ephemeral drainage, including plantings of appropriate native species and weed removals. The final Habitat Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist or resource specialist and submitted to and approved by the City of Moorpark, CDFW, and RWQCB prior to issuance of a grading permit for the Project. In broad terms, this Program shall at a minimum include: ⿑ Description of the Project/impact and mitigation sites; ⿑ Specific objectives; ⿑ Success criteria; ⿑ Plant palette; ⿑ Implementation plan; ⿑ Maintenance activities; ⿑ Monitoring plan; and ⿑ Contingency measures. Success criteria shall at a minimum be evaluated based on appropriate survival rates and percent cover of planted native species, which shall be determined by examining reference sites, as well as eradication and control of invasive species within the restoration or enhancement area. The target species and native plant palette, as well as the specific methods for evaluating whether the Project has been successful at meeting the above-mentioned success criteria shall be determined by the qualified biologist, restoration ecologist, or resource specialist and included in the mitigation plan. The mitigation project shall be initiated prior to development of the Project. The mitigation project shall be implemented over a five-year period and shall incorporate an iterative process of annual monitoring and evaluation of progress and allow for adjustments to the program, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the mitigation project shall be submitted to the City of Moorpark, RWQCB, and CDFW. Five years after Project start, a final report shall be submitted to the City of Moorpark, RWQCB, and CDFW, which shall at a minimum discuss the implementation, monitoring, and management of the mitigation project over the five-year period and indicate whether the mitigation project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report. Restoration or enhancement will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control. The mitigation project shall be extended if success criteria have not been met at the end of the five-year period to the satisfaction of the City of Moorpark, RWQCB, and CDFW. Prior to issuance of building or grading permits During operation Planning Department/ CDFW/ RWQCB Less than Significant Cultural Resources MM-CUL-1: A qualified archaeological monitor will periodically spot-check monitor Project ground disturbance activities to ensure that sensitive archaeological During construction During construction Planning Department Less than Significant 126 MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency Level of Significance After Mitigation Verification of Compliance Initial Date Remarks artifacts, features, or deposits are not being encountered. Spot-check monitoring will take place three (3) times a week for the duration of the Project grading and subsurface disturbance within native soils. Daily monitoring reports will be generated and submitted to the City at the end of ground disturbance as proof of compliance. If prehistoric or older historic (pre-1950s) archaeological material or features are discovered, either by the archaeological monitor or by the construction team when the monitor is not present, then a project “discovery” protocol will be followed. The discovery of material will also trigger the increasing of monitoring to full-time until no more cultural material is being encountered by the construction team, at which point spot-check monitoring will resume. Geology and Soils MM-GEO-1: Fill soils shall be compacted to a minimum of 90 percent relative compaction. In area of fill exceeding 40 feet in vertical thickness, all tests achieve a minimum relative compaction of 95 percent. An updated seismic settlement analyses shall be completed once the 40-scale grading plan is available. Removal of the upper 10 feet of Alluvium shall occur prior to placement or fill regardless if any overlying artificial fill is planned within areas of planned structures. During construction During construction Planning Department Less than Significant MM-PALEO-1 Prior to issuance of a Zoning Clearance for a grading permit, the applicant shall be required to obtain the services of a qualified project paleontologist to remain on-call for the duration of the proposed ground disturbing construction activity. The paleontologist selected must be approved in writing by the Community Development Director. Upon approval or request by the Community Development Director, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Proposed Project and submitted to the Community Development Director for review and approval. The development and implementation of the PMP shall include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario shall be through the Los Angeles County Museum of Natural History. 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 PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during ground disturbing activities. As well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered. The cost of data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. Prior to issuance of a Grading Permit During construction Community Development Department Less than Significant MM-PALEO-2 At the completion of all ground-disturbing activities, the project paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any. As well as providing follow-up reports of any specific discovery, if necessary. After completion of ground-disturbing activities During construction Community Development Department Less than Significant Transportation 127 MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Measure Implementation Phase Monitoring Phase Enforcement Agency Level of Significance After Mitigation Verification of Compliance Initial Date Remarks MM-TRA-1: Electric Vehicle Charging/Parking Spaces: The Project would install electric vehicle charging and parking stations. The charging and parking stations would be part of Neighborhood Electric Vehicle Network for the future development of the area east of Moorpark Avenue. Prior to operation Prior to operation Planning Department Less than Significant MM-TRA-2: Metrolink Incentives: The Project shall provide incentives for the Project residents and other potential users of the station to utilize the public transit system. The Proposed Project shall include enhanced features at the Metrolink station such as bicycle storage lockers to supplement the existing bike racks at the station. Prior to operation Prior to operation Planning Department Less than Significant MM-TRA-3: Pedestrian Connectivity. The Project shall install on-site sidewalks and provide connections to the existing/future off-site pedestrian network. During construction During construction Planning Department Less than Significant 128 VTTM NO. 5847VCFCD --! I -\ \ \~ \ Q~\ \, '~----------------------:_----------':i-i 11 I I Tf 11 11 I I !: -'·,_ ~~--4 ----------ZONING EXHIBIT 129 P. M. B. 1 4 - 4 3VALLETTETRACTLOT 54LOT 56PARCEL "A"PARCEL "B" 3 M.R. 41'“”””“”VESTING TENTATIVE TRACT MAP NO. 5847VTTM NO. 5847VESTING TENTATIVE TRACT MAP' A-8 PROPERTIES V . ' SEAN ANJ JIE SHI YAN Ar,.[) ...ENNJFER OIAt.ONO I M,l£1-Eg -'~,' 4o'° J • ------ -MCGRATH FARMS-~-LOT 2 PAR EL 1 (PER Tm REPORT) VCFCO PROPOSED LOTTil'f3 PROPOSED LOTTll'G """ ""' .,.,. ...., .. """ ""' .,.,. ...., .. ' 221636.YJ ,.-= " 6.000.00 0.1J8 = , 225,718.00 5,182 = " 6000.00 0.1J8 = ' 2194J1.07 5.037 = " 6000.00 0.1J8 = . 232756.,2 5.J<!J = " 6000.00 0.1J8 = ' 251,8-02.24 5,782 = "" 6,000.00 0.138 = ' 6,220.64 0.14J = ~ 6,644.42 0.15-3 = ' 6,175.16 0.142 = " 6,644.42 0.15-3 = ' 6,000.00 0.138 = " 6.000.00 0.138 = ' 6,J6C37 0.146 = " 6000.00 0.138 = ,0 6014.27 0.138 = ., 6000.00 0.138 = " 6,028.45 0.138 = " 6,000.00 0.138 = " 6,01J.6J 0.JJ.8 = " 6,000.00 0.138 = " 6.IJ02.77 0.138 = " 6,000.00 0.138 = " 5999.79 0.1:l,8 = " 6,000.00 0.1J8 = " 5999.77 0.138 = " 6000.00 0.1J8 = " 5999.77 0.138 = " 5 999,94 0.1J8 = " 5999.77 O.UB = " 5999.97 0.1J8 = " 5,999.77 0.BB = " 6,001.6-4 0.138 = " 5,999.77 0.lJI! = " 6,009.06 0.138 = ,0 6,001.07 0.138 = ,0 6,022.14 0.138 = " 6,078.26 0.H-0 = " 6,024.21 0.138 = " 6355.1 0.146 = n 6382.86 0.H7 = " 6845.76 0.157 = " 6603.18 0.152 = ,. 8263.16 0.190 = ,. 6407.46 0.147 = '" 6,644.42 0.15J = '" 9,666.76 o.= = " 6,000.11 0.138 = " 9,260.17 0.213 = ,, 6,000.23 0.138 = " 6,916.72 0.159 = " 6,000.23 0.138 = " 6.062.56 0.1J9 = " 6,000.06 0.138 = " 60J2.9J 0.138 = "' 6,000.39 0.138 = ., 6029.51 0.138 = " 6,000.23 0.138 = " 5,95tL6J 0.1J7 = " 6,000.23 0.138 = " 5,989.4!i 0.137 = " 6,000.23 0.138 = " 6,000.00 0.138 = " 6,000.23 0.1:58 = " 6,000.00 0.1J8 = " 6000.11 0.1:l8 = " 6000.00 0.138 = ~ 6002.45 0.BB = " 6000.00 0.138 = " 6012.05 0.BB = " 6000.00 0.138 = ~ 6,027.72 0,131! = " 6,000.00 0.BB = " 6,016.52 0.138 = " 6,000.00 0.138 = <O 6,455.86 0.146 = ,0 6,000.00 0.138 = " 6,461.53 0.148 = " 6,000.00 0.138 = " 6,021.20 0.138 = " 6000.00 0.138 = " 6.024.62 0.138 = " 6000.00 0.138 = 6.010.08 0.138 = .. 6,000.00 0.138 = " 6.002.05 0.138 = " 6,000.00 0.138 = " 6.000.10 0.138 = " 6,000.00 0.138 = 6.000.00 0.138 = " 6,000.00 0.1J8 = " 6000.00 0.138 = " 6000.00 0.138 = " 6000.00 0.138 = " 6000.00 0.138 = ~ 6000.00 0.138 = ,oo 6388.97 0.147 = PROPOSED LOTTll'G 9556.86 10663.85 0.152 0.152 0.172 0.193 0,147 0.150 0.136 0.136 0.136 0.138 0,148 0.136 ~ OVERALL ACCESS ROAD U.WJT WISTER UTILITY LAYOUT .. CALLEWASl,l.tllCIPAL W~TER DISTRICT 2100(l_SENROAD PRO....ECT INF'OR~ATION a.a/SUl)IYIOER R"'SSLIJSSENOC'VaCf'l£NT IIESTPOINTEIOES,l.LC ~~~~~~~52 GAVIN GRANT GAVH.,!.lR,IN'Y~Sll_TIN:i.COM (JI0)JSJ-2037 RWIGEOSCIE~ e~~~~~s~W. SW HAIYAN,Wl, P.E (800)762---4396 ~1~~-'=~T~~16~~16E k JNIJAfft20,2010 Al.LT111.TCERTAINREALPROPERT'YSITUATEDINTl£ CCl,,tHY Of VENH.RA. STATE Of C,l,I_JFCffl<IIA, OESCRIB[l) 1-SF(U_O'/IS: E:l<a:PT AN L«JJVIDED ~-tlAl..f" INTEREST IN NO TO ALL ~~[) ~,i,;'~l~Tl£R~~R~™~~~E~I~ JliN Sl.RFACE, Tl£RECf" NO Will-WT 11-£ RIGHT TO ENTER OR US£Tf£Sl.A'"ACETl£RECf",ASEXCEPTEDINOEEDFRO,i El..LEN0AVIS,RECOROCDSEPTEW.ER10.1959AS ~N~~4902,INBOOK1776,PAOC3190f" EXCEPT THAT PORTION Of SAID LOT 54 LYIN:i WITHIN HE LAt,O COtNEYED TOVENTl..!<A FUXOCCl'ITRCL DISTRICT, IN ~~~~=~ ii_~ff£lt,,~~; PAOC 475 IEGif.NIN:iATTf-ESO.ITHWESTERLYCCRl'EROfSAIDLOT 54: TI-£KE AL~ Tl£ WESTERLY LH£ Tt£REOf, 1ST: trnTH 1,230.84 FEET TO A POINT, TI-OU:, LEAVIN:i SAID !WESTERLY LH£, ~~l~~oo;I~ El-ST, 242.49 fEET TO A POINT TI-E WESTERLY Lit£ Of SAID LOT 54, Tl8CE ALOtl, SAID PARALLELL!t.E, ~Ji: Of"~D \~~°s4~T TO A POINT IN TI-E so.m£R.Y Tl£~1..EAVJfl:ls..llDPARAI.LELLTt.EAKIAL~S,IIO SWTI-ERL.Yllt.E, ~1:ii::89'J'25WEST,210FEETT0Tf£POINTOf" ALSOEXCO'TTHATPORTIONOfSAIDLAt,OLYIN:i trnTf-EASTERLYOf TI-ESOOTl-flBTERI..Yllt£0fTl£LAI-O CO#EYEOTOTf£COI.MYOfVENlt.RA.8YOEEDRECOROED ~2.197JINBOOK4082.P.I.GE4220fOf"FlCIAL "'""" SAIDLAl'{)!SALS09-0WNASPARCEL A ONTI-EMAP REaJRDEDINBOOK14, PAGE4JOfPAR(ll_lAAf'S. UTILITIES \IEN'Tt.RACCUlTYWATERtlrnKS DISTRICT~1 P0ll0X250 noJSAt,() OAKS, C~ 9136o-6600 805.579.7138 ~J7~3IJ'G9Xl20 ELECTRICAL:S0.ITl-£RN C,l,I_JFCffl<l!A EDlset,I J569FOOTlllllOO:lVE THJUSAll)()N(S,CA91361 (805)494-7016 Tlt.t::W~CAELE 2525Ktnl.ORI\IE 1£"fftli..RYPARl<,CA 91003(605)732-6-474 TELEF'i-(1£: ATU-DISTRIBJTION SU!ST~ RECORDS ~IJ..EST COISTMT!ONkEl-l,lt£ERIN:i 600EGREENSTREETRM300 PASA.OENA, C~ 91101 CALTRANS566ORESEDA BOJ...EVAAOT.o.RZo\NA,CA 91356 (805) 388-1426 CRllilSCI-I PIPELlt£LP UTIL!TTCXXR)!NATOR J780kll.ROYA!RPORTWAY L~IEA()j, CA90806 LANXIEPARTl£NTOCRJ~.CO,I SHE E T )DELANE ENGINEERING WEST POINTE t()t.£S RASMUSSEN DEVELOPMENT 1 as12SA11T/.IO<ICAll.\00.$1Jl1[2QII SAIIT''°'1':"·':""°"".onA£E,o:ma••""·""' ~~~3~Eri~ 130 VTTM NO. 5847VESTING TENTATIVE TRACT MAP5295 X 5267 X CONSTRUCTION NOTES (D ACCl::S!El.£ RMP PER SPP,C STOOAAD FU.NS 111-5 (i) WATER Lit£ F"ER VCWIIO STD PLATE NO 1 Q)001£STIC WATER S£RVICI:: 00 W.TER PER VCW'JID STO F\.ATE J<l 6 @flREHYIJtl.NTPERVCUDSTOF\.ATEJ<l8 @ IRRIGATICl'I SERVICI:: ICTER 00 BAO<F"LOW @SEWERW.!NF"ERVCWIIOSTDPLATEJO (i)SEWERIW-l-<t.EPERSf'PWCSTOF\.AN200-1 @SANITARY SEWER SERVICI:: LATER.o.L 00 a.£4NOJT PER vcno STD F\.ATE 33 ®•"TH!CKo::it-CRETESJDEWALJ( @L~ @~}lF'ENlt-1. CATO! 81\SIN t LOC.o.L DEPRESSION PER SPPWC STD ~ JOO-J t @.o.LLIIEATI-£RACCESSR0.0.0 @PAVED PRIVATE DRIVEWAY @a..RBOOOOTTERPERSPPWCSTDF'LAN120-2 @CU..-OC-s.\CPEROOMTY~VENTU'lARO.o.DlMYSTO. TYPE Ill @)CU..-OC-s.\C PER VENMA OOMTY ROADWAY STD TYPE 1 @STDRl,!IIATERBlof'-PROPRIETARYPROOl.CTa..RBClf'ENl"',TYPEBICf"ILTER @STl)'lMDR,1.]Nr.wffl.EPER'fl'IICSTDl'l..NsJW-2 @RET~!Nlt-1.W.o.LI., I+-(SE£1'l..Ns) @)STl)'lMDRA!NfO.OW!.l.LOOTRliSHRACKPERSPPWCSTDF\..ANJ61-2 @STl)'lMORAINPIPE(RCI') @GRATED !N....ET @RAISED LAWSCAPEO MEDIAN @STl)'lMDRA!Ncmt.ETSTRl.CTl..llEPERSPPIICSTDl'l..Ns:184-J TYPICAL l~IOR STREETS PRIVATE STREETS -LOT C CONCEPTUAL GRADING, .,.,,,,..,...,...---------1,,==~D-RAI_NA_GE_&_UTI_LITY_PLAN ____ ---1 ! )DELANE ENGINEERING ~.s::~':"'~~~-.'51.Jllt: 2Qlll>ao[""·°"' WEST POINTE t()t,ES RASMUSSEN DEVELOPMENT ~~~3~Eri~ SHEET 1 2 131 P. M. B. 1 4 - 4 3VALLETTETRACTLOT 54LOT 56PARCEL "A"PARCEL "B" 3 M.R. 41VTTM NO. 5847VESTING TENTATIVE TRACT MAPI N 1:, ~ ,, "r.,, (I) ~ APN: 511-0-190-205 APN: 511-0-190-295 I I I I 1---1 I I I EXISTU-,, 8" ACT' GI.OOEITT ROAD TRANSM) ICJsLlt£(DIIIGt.038695) I goNSTRUCTION NOTES 0:~I~~ ~ :WO SoPWC STOOARO PL.o.NS 111-5 @~re WATER SERVl~~PL:~~ ~R @FIREHYOR.o.NT VCWWOSTDPLATE ®IRRIGATJ(),!Sf.:C£.vo,;,osroPLATEtfJ6 ~= ~IN Prn VCWWD~: :T~~ @sANITAR~PrnSPPWCSTDPLAN200-1 STOF1.ATEJ3 SERVICEL.ATER4LAMJQE @•"THJ(](C ND./TPERVC'ltllD @)LOOSCAPE ~SICO'I.LK @~CffNHGCATCHBASINII @.I.LL ~1-£~~1~ LOCAL OCPRESS!Cfs PER SPPIIC ~PAVEOPRJVATEOOIVE•AY ®::8--cc~GlJTTER PER SPPWC STD PLA.N 120-2 @)~-DE-SAC PERCO. .... ffYCE'VENTL.Rl,.ROAD•AYSTO,TYPE @sTORIIWATER: ~NTUlA o:, .. mr ROADWAY STD T'rPE 1 @);:..s::~~ PRCffi!ET.\RY PROCIXT CUi'8 Cl'ENJ~ iRETlt!NIN> ,r...u_, .,..\:==~STD PL.o.N 320-2 2 ~~~1N 1-CADf.o.LL AM) TRASH AACX PER SPPllC STD @sTORMOOAINPIPE(RCP) @GRATEDI~ET @RAISEDL.1.1-0SCAF'EDt.EDIAN @STOllUIJ'tAINOUTLETST~PER l 1 SPPWCSTOPLANJ8.1-J ! ! ~ I F=====~=~,. ,·-=.o ==~,I CONCEPTUAL GRAD DRAINAGE & UTILITY~ )DELANE ENGIN .,,_,0, ••• EERING SHE E T I I 3 "'"'°""''/1/>2 .,._..,!,..n 132 P. M. B. 1 4 - 4 3OT 54PARCEL "B" 3 M.R. 41VTTM NO. 5847VESTING TENTATIVE TRACT MAP-;---5-:;; ;:10r 23,7 II 523,7 523,8 II 11 I I X X X I 11 I l1 I I : :1 ;J,il I 1/ I qx ,,,~6 52;3 s22.6 I I I ! oLI, ,I' 1 I /11 111 I 11 I II s 11 I, I 11d sc.a I" I IX 52~1 ~0:WARY i''trS Rq I I I' II I I I 11 lsf~· I 520,6 X 1, ,, I , 11 ,I I s2a"' 11 11 I II I I I I I~ IIU'/ : 52~3 hJi' ~ /1 I ,:,;,' r1 / I i 1/ I , I ,I I : I I \ Is , I I I I ("I"' , I 11 , , I/ --.,.__~ I I sis.615\1;9\ I/ X l:.J I It ~ ~_,,,_,,,-x/ / /1 , . -I -:i-1~~,,,,,,,, --.,tJ< "--sw KEY MAP -oE-SACTYPE1 VC STD PLATE C-2 -~----------~-~-------" ----------------------~ \ ---CONSTRUCTION NOTES G)ACCES\Blf RAt.f' PER SPPWC STANJ.I.RO P1..AN5 111-5 Q)wATER Lit£ PER VC'll'WD STD PLATE t«) 1 Q)OOMCST!C WATER SERVICE NO WATER PER VCWWO STD PLATE t«J 6 (DFlREHYORANTPERl'CWWOSTDPLATEN:>8 @!PRIGAT!~S£RV!CEr.£T£RAN)B,l,,Q(fLQW @st:IPERW..!NPERVCWl!DSTDPLAITJO (DSEIPERM,l,,lff1-EPERSPP'IICST1JPLAN200-1 @SANITARY SEWER SERVICE LATER""--NO U.El<tUJT PER YClf/0 STD PLATE 33 @~• THICK cc,.,cRET[ SJOCWALK @)LAICSCAPE @CI..IRBCPENli'GCATCHBAS!NtLOCALCE:PRESS!ClsPERSPf'WCSTDPLAN300-Jt313-3 @ALLIIEATf£RACcr:SSROAD @PAVEDPRJVATEffilVEWAY @CI..IRBNOOOTTERPERSPP'IICSTDPLANl20-2 @)Cl.l_--DE-SACPERCOl..tff1'~\IENTlWiRO.WWHSTD,TYPElll @)cu..--DE-SAC PER \IENTLR,l,.CWNTY RO/ollWAY STD fVPE 1 @sroo:t.fflATER SW -PRCPRIETARY f'R{J(Jl,Cl ~ CffN!r,,,:; nP£ B!OfllTER @sTMt.lORA!Ni,W,1-0._Ef'l:RSf'P'#CSTl)Pl.AN320--2 @RETAINJr,,,:;11ALL, H-(SEEPLo,N) @STDRI.IORA!Nf-EAOWALLAhOTRASHRACKPERSPPWCSTDPLAN361-2 @STDRI.IORAINPIPE(RCP) @ffiATEDJ~ @RAISED l.»DSC.I.PED l,COJm @STDRI.IDRAINOOTUTSTRLCTlff:PERSF'f'WCSTDPLAN364-3 : 23' ,;, I FUT\.ftlt.f'RO\IOENTS ! -=~-,__--k====-"-~'==cr--,,==========='"l,-c--~',,~7-____________ J $.[)I'[ VARIES I;,, (2:1T0J;1) NORTH HILLS PARKWAY STA 51+30 TO 68+65 )DELANE ENGINEERING 3!11$ANl ..... 1<,J.'"-l<l,9JllE>OO l\0,0.5'11--.ro.J<£D<;l""'lHG,DJlj CONCEPTUAL GRADING, DRAINAGE & UTILITY PIAN WEST POINTE HO~S RASMUSSEN DEVELOPMENT 26.'IOOIIEST~AROADfti52 ~:~:~f r1~: S HE E T 4 Cf"~SI-EETS 133 P. M. B. 1 4 - 4 3VALLETTETRACTLOT 54LOT 56PARCEL "A"PARCEL "B" 3 M.R. 41VTTM NO. 5847VESTING TENTATIVE TRACT MAPSTREET "9• CONSTRUCTION NOTES (i)ACCESIBLE RAAf' PER SPPWC STOO.o.RD F'L.l,NS 111---5 (i)wATER Lit£ PER VCWWO STD PLATE ti) 1 Q)001,EST!C WATER SERVICE Al'() M.\TER PER VCDD STO Pl.ATE ti) 6 ©rIREHYOAANTPERVCIIWDSTDPl..A.TEr,,08 @ l~IGATI~ SERVICE l£TER no BAO<fl.OW @SEWERM.\INPERVCWWOSTDPL.>.TE30 Q)SEWERr.wffl..EPER9'PIWCSTDPl..4N200-1 @SANIU.RY SEWER SERVICE LATERAL no a..ENOJT PER l'CW'IID STD Pl.ATE JJ @~• THJCKCXJ,,CRETESIDEW...u<: @)LOOSCf.PE (jJ)Cl..RB Cf'ENir,,:; CATO! 8>.SIN t LOCAL C£PRESSI~ PER SPPIJC STD P\.4N 300-J t JJJ-J @ALLIIIEATlCRACCESSROAD @PA\IEDPRIVATEOOIVEWAY @ Cl..R8 no GUTTER PER SPP'flC STD P\.4N 120--2 @)OA_-DE-SACPERCCU{TYOfVENTUlAROADIIAYSTO,TYPEIII @)OA_-DE-SAC PER VENTUlA CCl.tlTY RO,O.C,WAY STD TYPE 1 @STORIIYIATER 1M' -PRO"RJETARY PROClXT Q.ffil Cf'ENir,,:; TYPE BIOfTLT~ @)STORM DRAIN r.wHt..E PER SPPWC STD P1...AN J20-2 @RETATNir,,:;WALL, ~(SEEF'I...AN) @)STORM DRAIN rE.o.Dl'ALL no TRll9-I RAQ( PER SPP'flC STD Pl.Ml 361-2 @STDRMDRAINPIPE(RO') @GRATED ItliT @RAISEDI..AN)SCAP£Dl,EJJl4N @STDRMDRAINCl.JTLETSTRLCT\.RcPERSPP'flCSTDPI..Nl38~-J --~\ " '-. -" PRD,OOSED SEWER MAIN, cetjT]Jll£S SOOTHTOOJt,t,.£CTTOB"SEilERMAIN =X~~ ~VE 55-°'-'_) ---"-----.L_ )DELANE ENGINEERING ~.s::~':"'~~~-.'51.Jllt: 2(111,.a.,..,,°"' CONCEPTUAL GRADING, DRAINAGE & UTILITY PLAN WEST POINTE t()t.£S RASMUSSEN DEVELOPMENT 26500 WEST AGO.Jfl.A ROA() 1652 CJU8~~;5fFI~ SHE E T 5 134 PARCEL "A"VALLETTETRACTP. M. B. 1 4 - 4 3PARCEL "B" 3 M.R. 41LOT 54LOT 56VTTM NO. 5847VESTING TENTATIVE TRACT MAP-----------------------------------1• 0 2-+00 1• 0 2+00 ---------1• 0 2+00 SECTION CC SCALE: 1"•20' NORTH HILL PARKWAY 2+bo SECTIOND-0 SCALE: 1"•20' 2•00 2• 5 SECTIONE-E SCALE: 1"•20' 3•00 4•00 5-+00 SECTION A-A SCALE, 1"•20' 3•00 4•00 5+00 SECTION B-B SCM..E: 1·•20· 3+00 4•00 3+00 3+80 6-+00 6+00 )DELANE ENGINEERING as12SA11T/.IO<ICAll.\00.$1Jll[2QII .,..,.,..,.1':"·':""°"".onA£E,o:ma••""·""' 7-+00 7+00 7+20 GRADING SECTIONS WEST POINTE t()t.£S RASMUSSEN DEVELOPMENT ~~~3~Eri~ SHE E T 6 135 VTTM NO. 5847VESTING TENTATIVE TRACT MAPI I ---------✓ FUTLRE LCl'I.ENT ~ " a,o; ''"'' Ill S(NAP) NORTH HILLS PARKWAY STA 69+00 TO 76+00 ACCESS ROAD "' •ACCESSROJJJTOBE!J.IILTTOOOJNTY ~ YENTlRA Pt.RIC ro.o.o STAMJARDS "' )DELANE ENGINEERING ~.s::~':"'~~~-.'51.Jllt: 2Qlll>ao[""·°"' ! ~ ,K.J f ____ ,cu_. ,·-_,oo· ---II" OVERALL ACCESS ROAD LAYOUT WEST POINTE t()t.£S RASMUSSEN DEVELOPMENT 26500111ESTAGO.Jfl.AROAOl652 CJU8~~;5fFI~ SHE E T 7 136 VTTM NO. 5847VESTING TENTATIVE TRACT MAPr----<:: -~ -_I I " /---\ I/ ", I~• " --j--137 Resolution No. PC-2022-686 EXHIBIT D CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: ____________, 202_ Entitlement Expiration Date: ___________, 202_1 Development Agreement Term: 15 years 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) 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 5847) and Residential Planned Development Permit (RPD 2016-02) expires two years from the effective 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 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, unless otherwise extended by the Subdivision Map Act. The request for extension of this VTTM and RPD must be made in writing, at least 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 1 Expiration not applicable to legislative actions including Development Agreement, General Plan Amendment, and Zone Change which become effective upon project approval and/or subject to their respective terms. 138 Resolution No. PC-2022-686 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] 6) The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. [CDD] 7) If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. [CDD] 139 Resolution No. PC-2022-686 8) All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. [CDD] 9) Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment must be made within 60 calendar days 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 that the Director determines would be 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) The applicant agrees not to protest the formation of an underground Utility Assessment District. [CDD & PW] 13) The continued maintenance of the subject site and facilities is subject to periodic 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] 14) No noxious odors may be generated from any use on the subject site. [CDD] 15) 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] 16) 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 140 Resolution No. PC-2022-686 notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PW] 17) 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 the storm drain system in accordance with NPDES requirements. [CDD & PW] 18) Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall enter into the standard Caltrans tri-party maintenance agreement to maintain any landscaping within Caltrans right-of-way. The applicant and any subsequent owners shall maintain all landscaping and hardscape areas that are covered by the tri-party maintenance agreement for the life of the project. [CDD & CALTRANS] Planning 19) 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] 20) Garages must consist of roll-up doors as detailed on the approved elevations. [CDD] 21) Subsequent design and permitting of the homes proposed on Lots 1, 2, 3, 4, and 5 shall feature architecture that is in substantial conformance and complementary to the architecture approved with the RPD permit, subject to the approval of the Community Development Director. [CDD] 22) Prior to issuance of a grading permit or building permit, Developer shall revise plans to include consistent notations indicate the locations of the dog parks (Lots G and D) and community park (Lot B) throughout the architectural, civil, tentative tract map, and landscaping plans. [CDD] 23) Prior to issuance of a Final Map, grading permit or building permit, Developer shall update plans to include details such as curb, gutter, and landscaping to be provided around the cul-de-sac of North Hills Parkway, subject to the satisfaction of the Community Development Director. [CDD, PW, PRCS] 141 Resolution No. PC-2022-686 24) Traffic calming measure should be consistently shown throughout the plans and modified as necessary subject to the approval of the Fire Department, Public Works Director, and Community Development Director. 25) Prior to issuance of a Final Map and grading permit, Developer shall revise plans to include a purple pipe recycled irrigation line within the right-of-way from the west track boundary to the east at a point of connection with the Hitch Ranch Project (VTTM Landscaping plans shall also incorporate the use of the purple line for recycled water irrigation , and shall be made in connection to the east adjacent project, within the Hitch Ranch, subject to the approval of the Public Works Director. [PW, CDD] 26) Prior to issuance of a building permit, Developer shall provide evidence of the recordation of an acknowledgement on title of Lots 1-5 noting the proximity to existing livestock and rural agricultural uses located on properties immediately to the north and holding neighboring property owners harmless for associated noise, odor, and related impacts, subject to the approval of the Community Development Director. 27) If any archeological 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. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate 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. 28) In the event that Project site excavation and construction activities expose tribal cultural resources (i.e., sites, features, or artifacts) encountered during construction activities for the Project, the temporary halting of construction activities near the encounter and notification of the City and any Native American tribes traditionally and culturally affiliated with the geographic area of the Project would be required. If the City determines that the potential resource appears to be a tribal cultural resource (as defined by PRC Section 21074), the City will provide any affected tribe a reasonable period of time to conduct a site visit and make recommendations regarding the monitoring of future ground disturbance activities, as well as the treatment and disposition of any discovered tribal cultural resources. The Applicant will then implement the tribe’s recommendations if a qualified archaeologist reasonably concludes that the tribe’s recommendations are reasonable and feasible. The recommendations would then be incorporated into a tribal cultural resource monitoring plan; and, once the plan is approved by the City, ground disturbance activities could resume. In accordance with this mitigation which shall become a condition of approval, all activities would be conducted in accordance with regulatory requirements. 142 Resolution No. PC-2022-686 29) The Site Landscaping Plan shows trees along Gabbert Canyon basin. To avoid future root damage to the flood control facilities, please locate all trees away from the channels and basin. [VCPWA-WP] 30) When fencing is proposed for use during construction or during the life of the Project, fences should be constructed with materials that are not harmful to wildlife. Prohibited materials include, but are not limited to spikes, glass, razor, or barbed wire. Fencing should also be minimized so as not to restrict free wildlife movement through habitat areas. The Los Angeles County’s Significant Ecological Areas Ordinance Implementation Guide offers additional information on permeable fencing. [CDD] 31) Transportation of heavy construction equipment and/or materials which requires use of oversized-transport vehicles on State highways will need a Caltrans transportation permit. Caltrans recommend large size truck trips be limited to off-peak commute periods. [Caltrans] 32) A Will Serve Letter from Ventura County Waterworks District-1 (VCWWD) is necessary to confirm that VCWWD-1 can provide and supply the calculated Project needs at full build-out. [VCWWD] 33) Prior to obtaining a grading permit, the applicant shall obtain a watercourse/encroachment permit issued by the Ventura County Watershed Protection District. [VCWPD] 34) Prior to zoning clearance, the applicant shall sign a VCPWA-WP instrument to not oppose membership of a future special assessment district which will collect fees to pay for the reconstruction, replacement, repair, or rehabilitation of the Gabbert/Walnut Canyon drainage system which serves the property and has known deficiencies. [VCWPD] 35) Prior to zoning clearance, the applicant shall record a VCPWA-WP legal instrument (document, deed, covenant, or other) on the property title which will hold VCPWA-WP harmless for any flood damage that may occur, effective until the Project’s channel connections are completed and accepted by VCPWA-WP. [VCWPD] 36) Prior to obtaining a grading permit, the applicant shall provide a drainage study that shows adequate mitigation measures will be implemented to prevent negative impacts to Gabbert/Walnut Canyon channels due to increased site imperviousness and resultant stormwater runoff. [VCWPD] CEQA MITIGATION MEASURES MM-AQ-1: The developer shall ensure that all onsite vehicles and equipment with horsepower greater than 50 shall meet, at a minimum, EPA Tier IV final engine certification requirements. If Tier IV final equipment is not available, the contractor may 143 Resolution No. PC-2022-686 apply other technologies available for construction equipment such that it would achieve a reduction in NOx and particulate matter emissions comparable to that of Tier IV final construction equipment. Where alternatives to EPA Tier IV are utilized, the contractor shall be required to provide evidence that these alternative technologies would achieve comparable emissions reductions. Certifications or alternative reduction strategies shall be required prior to receiving a construction permit. MM-AQ-2: The developer shall ensure that the architectural coating activities shall be phased such that they extend for a minimum of 150 days over the duration of the Project construction. MM-BIO-1: If it is feasible, the clearing of vegetation and construction activities will be conducted between August 31st and February 1st, which is outside of the typical breeding/fledging season for the sensitive bird species and migratory birds that may nest on or in the immediate vicinity of the Project site. If clearing of vegetation and construction activities within the selected projects are planned between February 1st and August 31st, then breeding bird surveys will be conducted by qualified biologists at a maximum of seven days prior to the commencement of activities. Nests and birds exhibiting breeding behavior will be identified within 500 feet of the area to be impacted and efforts will be made (including the creation of appropriate buffers around the nests and areas used by breeding birds, rerouting vehicular traffic, limiting the number of vehicles, the use of non-mechanized tools, etc.) to limit disturbances to the nests. A qualified biologist will monitor the identified nests and birds exhibiting breeding behavior during the duration of the work or until successful fledging occurs, whichever comes first. If the monitor notes that identified birds and nests are being negatively affected by the construction activity, then the buffers will be increased to an appropriate distance to ensure fledging is successful. After the completion of the construction activities or the completion of onsite breeding activities, a letter report summarizing the work and its effect on the breeding birds will be produced and submitted to the CDFW. MM-BIO-2: Prior to the commencement of ground disturbance or vegetation removal activities, including but not limited to grubbing, grading, and fuel modification, two preconstruction surveys for special-status wildlife species, including coast horned lizard, coastal western whiptail, California glossy snake (Arizona elegans occidentalis), Coast patch-nosed snake, and western spadefoot, by a qualified biologist(s) to determine presence/absence of these species at the site. The first survey shall be conducted within 14 days and the second survey shall be conducted within three days of commencement of ground or vegetation disturbing activities. These surveys should coincide with weather conditions that are conducive for each species; sunny late-spring or summer days with above-average temperatures for, coast horned lizard, coastal western whiptail California glossy snake and the Coast patchnosed snake spadefoot. If the any of the four species are found to occur onsite during the additional surveys, then Mitigation Measure BIO-3 shall be instituted. 144 Resolution No. PC-2022-686 MM-BIO-3: If any individual of the four species are found during the survey, then a salvage program will be initiated for the site. The salvage program will consist of the capture of individuals from the area to be impacted by the Project implementation and their relocation to a predetermined offsite location, which has CDFW’s approval, with appropriate habitat that will not be impacted by the Project activities or other construction activities in the vicinity. Time allowed for the salvage program will be determined by the size of the Project site and the abundance of the species that are found onsite. The salvage program will continue with the monitoring of the initial ground disturbance construction activities. The salvage program will conclude when all of the ground within the grading limits has been affected by construction activities. After the completion of the salvage program a letter report summarizing the surveys and salvage opportunities will be prepared and submitted to the CDFW. MM-BIO-4: Prior to the initiation of any grading and during initial grubbing and topsoil salvage, biologists shall attempt to capture and relocate all reptiles within the impact area. Other ground dwelling wildlife, i.e. amphibians and mammals, shall be relocated if the opportunity presents itself. Wildlife shall be relocated to preserved areas of the site when appropriate or to nearby (in the same watershed) permanent open space areas. It is assumed that a two-person team can adequately salvage the reptiles on the entire site in half a day. MM-BIO-5: To reduce impacts resulting from construction vehicle traffic, routes and trips shall be restricted to a minimum number. Earth-moving equipment shall be confined to the narrowest possible corridor during construction. Earth-moving and other construction equipment shall be confined to the Project footprint and shall not operate or maneuver in areas outside the Project footprint. The entire edge of grading shall be fenced with brightly colored “snow fence” or similar material. This shall serve to alert equipment operators of the grading limits. All vehicle access shall be via areas within the impact zone. No temporary access roads shall be made through portions of the site that shall be preserved as natural open space. MM-BIO-6: The construction of litter barriers (i.e.: walls or small mesh-chain link fence) around the Project site shall be accomplished in order to limit the progression of litter into the open spaces of the Project area or surrounding areas. Continuous deflective separation units shall be installed in the storm drain inlets to remove gross pollutants from storm water. MM-BIO-7 In order for any remaining unmodified natural open space within or adjacent to the Project site to continue to function as a natural part of the regional ecosystem to the greatest extent possible, the applicant shall develop a management plan for the protection and maintenance of remaining onsite open space areas. The plan shall be incorporated into the CC & R's for the tract and shall contain at least the following elements: • Goals and Objectives 145 Resolution No. PC-2022-686 • Permitted and Prohibited Uses • Exotic Plant and Animal Management • Litter Management • Responsible Parties • Funding • Enforcement and Penalties • Trespass Remediation • Contingencies The Project's Homeowners Association is expected to be the long-term owner of the any remaining unmodified natural open space and would be responsible for any necessary maintenance. MM-BIO-8: To reduce coastal sage scrub loss resulting from fuel modification, a fuel modification zone shall be developed to restrict brush clearance to the minimum distance specified by the Ventura County Fire Department. Clearance distances shall take into account the presence of any block walls used between developable areas and the adjacent native habitat areas. MM-BIO-9: Any coastal sage scrub that is remaining after full Project development will be preserved and enhanced. Any natural open space areas (excluding areas of mule fat scrub and southern alluvial fan scrub) and not affected by fuel modification requirements will be used for the creation of coastal sage scrub. Details of the proposed restoration and creation efforts and success criteria shall be described in a Mitigation and Monitoring Plan that is to be approved by CDFW prior to implementation. MM-BIO-10: Grading and fuel modification impacts to the California brittle bush scrub plant community shall be compensated by restoration of in-kind habitat in an area(s) to be preserved as permanent open space. To the extent possible, this shall be accomplished by the on-site restoration of disturbed habitats (e.g., non-native grassland) in-kind habitats. Restoration should be implemented only where suitable conditions exist to support viable in-kind habitats. If on-site restoration is not possible, compensation for the loss or modification of the California brittle bush scrub communities may be accomplished by off-site restoration of in-kind habitat or by a contribution to an in-lieu fee program approved by the City of Moorpark. A Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist, or resource specialist, and approved by the City of Moorpark prior to issuance of the grading permit for the Project. In broad terms, the plan shall at a minimum include: • Description of the project/impact and mitigation sites • Specific objectives 146 Resolution No. PC-2022-686 • Success criteria • Plant palettes • Implementation plan • Maintenance activities • Monitoring plan Contingency measures/adaptive management Success criteria shall at a minimum be evaluated based on percent cover of planted native species, as well as control of invasive plant species within the restoration area. The performance standards for the Mitigation and Monitoring Plan shall be at a minimum the following: • Within five years after introducing the native plants to the mitigation site, the acreage of restored California brittle bush scrub shall be no less than the acreage lost to project construction. • Within five years after introducing the native plants to the mitigation site, the absolute cover of native species shall be no less than 80% within the restoration area. • Non-native species in the treated area shall be less than 15% relative cover by the end of the third year of treatment and less than 5% relative cover by the end of the fifth year of treatment; and, • Restoration will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control. The restoration project shall be initiated prior to development of the Project, and shall be implemented over a five-year period. The restoration project shall incorporate an iterative process of annual monitoring and evaluation of progress, and allow for adjustments to the restoration plan, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the restoration project shall be submitted to the City of Moorpark. Five years after Project start, a final report shall be submitted to the City, which shall at a minimum discuss the implementation, monitoring, and management of the restoration project over the five-year period, and indicate whether the restoration project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report. The project shall be extended if success criteria have not been met at the end of the five-year period to the satisfaction of the City. If impacts to the California brittle bush scrub are to be mitigated by a contribution of an in-lieu fee, the applicant shall provide evidence of payment of the in-lieu fee prior to issuance of the grading permit. The fee shall be based on the cost per acre to restore or 147 Resolution No. PC-2022-686 create in-kind habitat and the acreage of the plant community impacted. In-lieu fees shall be used for the restoration of in-kind habitat. MM-BIO-11 To eliminate potential unapproved or offsite grading incidents earth-moving equipment shall be confined to within the approved limits of grading during construction. The limits of grading shall be fenced so that construction equipment does not impact areas outside the approved limits of grading. MM-BIO-12 Prior to issuance of the grading permit, the Applicant shall prepare and submit a Streambed Alteration Notification package to the CDFW for alterations to CDFW jurisdictional streambed and habitat. A Streambed Alteration Agreement shall be entered into with the CDFW under Section 1602 of the California Fish and Game Code, and the Applicant shall comply with the associated conditions. Prior to issuance of the grading permit, the Applicant shall also consult with RWQCB and United States Army Corps of Engineers (USACE) to determine if permits are required from those agencies. If required, the appropriate permits shall be obtained from the RWQCB and/or USACE, and the Applicant shall comply the permit conditions. The Applicant shall provide evidence to VCDRP that the required permits have been obtained prior to issuance of a grading permit. Mitigation for unavoidable impacts to jurisdictional waters and habitat shall be provided through implementation of the Habitat Mitigation and Monitoring Plan as required by MM-BIO-13. MM-BIO-13 A habitat mitigation and monitoring plan shall be developed prior to issuance of any building or grading permit. The plan shall mitigate for permanent grading impacts to 0.24 acre (1,155 linear feet) of RWQCB waters of the State/CDFW streambed at a 2:1 ratio. The Habitat Mitigation and Monitoring Plan shall mitigate for the permanent impacts to jurisdictional areas via an acceptable mitigation approach that involves one or a combination of the onsite or offsite enhancement of degraded in- kind habitats subject to the approval of the City of Moorpark, CDFW, and RWQCB (if applicable). The preferred mitigation approach is enhancement of on-site or off-site habitats within the ephemeral drainage, including plantings of appropriate native species and weed removals. The final Habitat Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist or resource specialist and submitted to and approved by the City of Moorpark, CDFW, and RWQCB prior to issuance of a grading permit for the Project. In broad terms, this Program shall at a minimum include: ▪ Description of the Project/impact and mitigation sites; ▪ Specific objectives; ▪ Success criteria; ▪ Plant palette; ▪ Implementation plan; ▪ Maintenance activities; 148 Resolution No. PC-2022-686 ▪ Monitoring plan; and ▪ Contingency measures. Success criteria shall at a minimum be evaluated based on appropriate survival rates and percent cover of planted native species, which shall be determined by examining reference sites, as well as eradication and control of invasive species within the restoration or enhancement area. The target species and native plant palette, as well as the specific methods for evaluating whether the Project has been successful at meeting the above-mentioned success criteria shall be determined by the qualified biologist, restoration ecologist, or resource specialist and included in the mitigation plan. The mitigation project shall be initiated prior to development of the Project. The mitigation project shall be implemented over a five-year period and shall incorporate an iterative process of annual monitoring and evaluation of progress and allow for adjustments to the program, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the mitigation project shall be submitted to the City of Moorpark, RWQCB, and CDFW. Five years after Project start, a final report shall be submitted to the City of Moorpark, RWQCB, and CDFW, which shall at a minimum discuss the implementation, monitoring, and management of the mitigation project over the five-year period and indicate whether the mitigation project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report. Restoration or enhancement will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control. The mitigation project shall be extended if success criteria have not been met at the end of the five-year period to the satisfaction of the City of Moorpark, RWQCB, and CDFW. MM-CUL-1: A qualified archaeological monitor will periodically spot-check monitor Project ground disturbance activities to ensure that sensitive archaeological artifacts, features, or deposits are not being encountered. Spot-check monitoring will take place three (3) times a week for the duration of the Project grading and subsurface disturbance within native soils. Daily monitoring reports will be generated and submitted to the City at the end of ground disturbance as proof of compliance. If prehistoric or older historic (pre- 1950s) archaeological material or features are discovered, either by the archaeological monitor or by the construction team when the monitor is not present, then a project “discovery” protocol will be followed. The discovery of material will also trigger the increasing of monitoring to full-time until no more cultural material is being encountered by the construction team, at which point spot-check monitoring will resume. MM-GEO-1: Fill soils shall be compacted to a minimum of 90 percent relative compaction. In area of fill exceeding 40 feet in vertical thickness, all tests achieve a minimum relative compaction of 95 percent. An updated seismic settlement analyses shall be completed 149 Resolution No. PC-2022-686 once the 40-scale grading plan is available. Removal of the upper 10 feet of Alluvium shall occur prior to placement or fill regardless if any overlying artificial fill is planned within areas of planned structures. MM-PALEO-1 Prior to issuance of a Zoning Clearance for a grading permit, the applicant shall be required to obtain the services of a qualified project paleontologist to remain on- call for the duration of the proposed ground disturbing construction activity. The paleontologist selected must be approved in writing by the Community Development Director. Upon approval or request by the Community Development Director, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Proposed Project and submitted to the Community Development Director for review and approval. The development and implementation of the PMP shall include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario shall be through the Los Angeles County Museum of Natural History. 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 PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during ground disturbing activities. As well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered. The cost of data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. MM-PALEO-2 At the completion of all ground-disturbing activities, the project paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any. As well as providing follow-up reports of any specific discovery, if necessary. MM-TRA-1: Electric Vehicle Charging/Parking Spaces: The Project would install electric vehicle charging and parking stations. The charging and parking stations would be part of Neighborhood Electric Vehicle Network for the future development of the area east of Moorpark Avenue. MM-TRA-2: Metrolink Incentives: The Project shall provide incentives for the Project residents and other potential users of the station to utilize the public transit system. The Proposed Project shall include enhanced features at the Metrolink station such as bicycle storage lockers to supplement the existing bike racks at the station. MM-TRA-3: Pedestrian Connectivity. The Project shall install on-site sidewalks and provide connections to the existing/future off-site pedestrian network. 150 Resolution No. PC-2022-686 Air Pollution Control District 37) 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 are reduced, 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), and the Air Quality Assessment Guidelines. [VCAPCD] 38) Prior to issuance of a grading permit, and to ensure that ozone precursor and particulate emissions from diesel-powered mobile construction equipment are reduced to the greatest amount feasible, the applicant shall comply with the provisions of all applicable California State Laws and APCD Rules and Regulations, and the Air Quality Assessment Guidelines regarding portable construction equipment and construction vehicles. [VCAPCD] Fire Department 39) State Fire Safe Regulations - The project is located within a Local Responsibility Area (LRA) Very High Fire Severity Zone (VHFHSZ) and shall comply with the minimum standards of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 6, Subchapter 2, “SRA/VHFHSZ Fire Safe Regulations” (CCR T-14 FSR), unless modified by more restrictive local ordinances and requirements. 40) Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards. 2.5-foot-wide easements shall be provided on each side of any private access road/ shared driveway to allow for curbs and fire lane signage. 41) Access road width of 24 feet minimum shall be required with no on-street parking permitted, or per Public Road Standards whichever is stricter. a) Access road width of 36 feet minimum shall be provided for residential use with parallel parking permitted on both sides. b) Gabbert Road shall be improved to County Road Standards from any tract access point to the Poindexter intersection prior to issuance of any building permit for dwellings within this tract. 42) Traffic Calming / Speed Control Devices: Traffic calming and speed control devices are prohibited within the tract development area. Any off-site traffic calming or speed control devices (speed humps, pillows, etc.) require approval of the City and the Fire Department and prior to installation. Speed bumps are prohibited. 43) Turnarounds Shared use- Fire Department turnarounds serving 2 or more lots shall be located in a HOA lot or HOA easement. The HOA lot or easement shall be a minimum of 5 feet wider than the required driveway and turnaround area widths (2- 1/2 feet each side). 44) Turning Radius - The access road shall be of sufficient width to allow for a 50-foot centerline turning radius at all turns in the road. 151 Resolution No. PC-2022-686 45) Vertical Clearance - All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 46) Construction Access- Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. 47) Site Access - Two (2) separate means of ingress/egress shall be provided to all areas of the development in accordance with CCR T-14 FSR and Fire Department access standards. Required secondary ingress/egress (secondary access) shall be provided and maintained at all times prior to issuance of any dwelling building permit within the project area. If the required secondary access travels through a construction area, provisions shall be implemented to separate the construction area such that the required secondary access in available through the construction area at all times, day and night. Dead-end roads shall not exceed 800 feet. 48) Secondary Access to Los Angeles Avenue – This project is conditioned to extend a secondary access road from the west side of the project to Los Angeles Avenue as indicated on VTM 5847, Sheet 7, Overall Access Plan. All required access easement and permits necessary from any agency to install this required secondary access road shall be obtained prior to the issuance of any building permit for the development. Grading and improvement plan for this secondary access road shall be submitted to the City and the Fire Department for review and approval prior to construction of the access road. By acceptance of these conditions of approval, the applicant and or developer waives the provisions of Government Code Section 66462.5. Failure of the applicant and or developer to obtain the required easements and permits will cause this project to not comply with the findings required under Government Code Section 66474.02 and will require a redesign of the project to provide the required secondary access. 49) Parking Prohibited - The property owner(s) are hereby advised that parking on access roads less than 36 feet in paved width, on any shared driveways, and fire department turnarounds is prohibited. Provisions shall be provided to allow enforcement of no parking limitations by law enforcement agencies. 50) Fire Lanes / Access Review (Submit prior to Building & Safety approval) - the Applicant shall submit two 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. 51) Road / Street Name Required - Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire department. 152 Resolution No. PC-2022-686 52) Street Names - Prior to recordation of street names, proposed names shall be submitted to the Fire District's Fire Prevention Bureau for review and approval. Prior to issuance of a Final Map, street names must be approved by the City Council, pursuant to the City’s Street Naming Policy 53) Street Name Signs - Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Standards. 54) Address Numbers (Single Family Homes) - Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 55) Address Number Plan - A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 56) 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. 57) Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the Ventura County Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. 58) Fire Hydrant Design (Single Family Homes) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual and the following: a. Each hydrant shall be a 6-inch wet barrel design and shall have one (1) 4 inch and one (1) 2 ½ inch outlet. b. The required fire flow of 1000 GPM shall be achieved at no less than 20-psi residual pressure. c. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be set back from the curb face 24 inches on center. e. No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending 18 inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches. 153 Resolution No. PC-2022-686 59) 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. 60) 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. 61) Hazardous Fire Area - This project is located in a Hazardous Fire Area and all structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements. 62) Hazard Abatement - Structures All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with State Law and VCFPD Ordinance 63) Hazard Abatement - Roads and Driveways All grass and brush shall be cleared to a distance of ten (10) feet on each side of all access roads / driveways. 64) Fuel Modification Zone and Landscape Plans - The developer shall provide Fuel Modification Zone (FMZ) and or Landscape plans prepared by a licensed landscape architect to VCFD for review and approval as follows: a. Tracts and multiple lot projects: Plans shall be submitted for approval before the start of construction. This includes slopes, common areas, and individual lot landscaping install by the developer. b. Individual Parcels: Plans shall be submitted for approval prior to installation and or modification of any vegetation / landscape. This includes owner installed landscaping after original purchase of a parcel or building from the developer. 65) Spark Arrester - An approved spark arrester shall be installed on the chimney of any structure(s). 66) Fire Department Clearance - Applicant shall obtain VCFD Form #126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 67) Phasing Plan - Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. Police Department 68) Prior to issuance of building permit, developer shall submit a lighting plan for the community park. [MPD] 154 Resolution No. PC-2022-686 69) Prior to issuance of building permit, developer shall submit a landscape maintenance plan for the community park, ensuring shrubbery is maintained no higher than 2’ and tree canopies no lower than 6’. [MPD] 70) Also, not sure if this would be a condition, or when to submit this input, but the park benches need to have a center arm rest in order to prevent people from sleeping on them. If they plan on having security cameras or any other type of security at the park, I’ll need to see those plans. Public Works 71) Prior to Grading Permit issuance, all domestic water and sanitary sewer improvements shall be reviewed and approved by Ventura County Waterworks District No. 1. 72) For any proposed sanitary sewer lift stations, final location shall be approved by the City Engineer and Community Development Director. 73) Prior to any Grading Permit issuance, the applicant shall obtain approval and/or permit, if applicable, from Ventura County Watershed Protection District for any storm water connection(s) and discharges into Watershed facilities. 74) 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. 75) Prior to Grading Permit issuance, site access and fire hydrant locations shall be reviewed and approved by the Ventura County Fire Department. 76) Prior to Building Permit issuance, any existing sub‐surface septic systems shall be removed. 77) The applicant shall submit Precise Grading Plans, prepared by a California Registered Civil Engineer, detailing the design of finished surfaces including parking lot pavement, curbs, curb and gutter, local depressions, sidewalks disabled access parking, ramps, connections to public right of way and disabled access circulation within the site. The plans should include design grades for proposed buildings, including pad and finished floor elevations, required over‐excavations cut/fill slopes, keyways, subdrains, limits and details of any required remedial grading. Required retaining walls shall be detailed with top of wall/top of footing callouts every 25 to 50 feet, related finished grades at the top of walls, and details of provisions for subdrains and connections to approved points of disposal. Precise Grading Plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. 78) The applicant shall submit a design level Geotechnical Report prepared by a Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall 155 Resolution No. PC-2022-686 provide specific recommendations for cut/fill slopes, foundations, 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. 79) 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. 80) All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved geotechnical studies. 81) The applicant shall provide for the mitigation of the potential for liquefaction and lateral 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. 82) 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. 83) 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. 84) All existing and proposed easements shall be reflected on the project plans. 85) 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. 86) Rough Grade Report. At the completion of rough grading, the project Geotechnical Engineer shall submit a comprehensive rough grade report summarizing the required 156 Resolution No. PC-2022-686 observations, verifications, related tests, and other pertinent documentation to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit. 87) Rough Grade and Building Pad Certifications. Upon completion of rough grading, the applicant shall submit Rough Grade and Building Pad Certifications on the City’s forms. The certifications shall be signed by the project Geotechnical Engineer and project Civil Engineer, as well as the Grading Contractor. The certification shall be accompanied by as‐built survey where deemed necessary by the City Engineer to verify compliance with the limits and elevations required by the approved grading and drainage plans. The Rough Grade and Building Pad Certifications shall be reviewed in conjunction with the Rough Grade Report by the City of Moorpark Public Works Department for approval prior to issuance of a Building Permit. 88) 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. 89) 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. 90) The proposed grading along the eastern portion of the Tract boundary encroaches into Southern California Edison easements for overhead electrical lines. Applicant shall obtain approvals from Southern California Edison to construct the proposed grading, street, and infrastructure improvements. SCE access roads to the towers are also impacted by the proposed grading improvements. Project shall mitigate the removal of SCE facilities to the satisfaction of SCE, the City Engineer, and Community Development Director. Final Map 91) Prior to Final Map approval, applicant shall provide all improvement plans for review and concurrence from the Engineering Department. 92) Prior to Final Map approval, all public utility easements shall be reviewed and accepted by the utility provider(s) and/or public agency(ies). 93) The Final Map shall contain a plat which reflects the subject property, property lines, easements of record, any new easements proposed (which are intended to be conveyed by the Final Map), a metes and bounds legal description, basis of bearings, data tables and other pertinent data. 157 Resolution No. PC-2022-686 94) The applicant’s engineer shall plot all referenced easements on the site plans, grading plans and Final Map. Public and Private Streets and Related Improvements: 95) Prior to Grading Permit Issuance, all street and right-of-way dedications and vacations shall be reviewed for technical correctness and acceptance by the City. 96) All driveway approaches that cross an accessible path or sidewalk shall be ADA compliant. 97) Standard roadway designs, per the most current Ventura County Road Standards, shall be used for all public and private street improvements. This includes all proposed knuckles and cul‐de‐sac designs. 98) 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. 99) 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 Plans shall be submitted to the City Engineer and Public Works Director for review and approval prior to the issuance of a Grading Permit. 100) Developer shall extend North Hills Parkway to culminate in a cul-de-sac immediately west of the project entry at proposed Lot C. Developer shall provide street improvements, the dedication of right-of-way and required easements as outlined in the Development Agreement and subject to the approval of the Public Works Director / City Engineer. 101) Applicant shall dedicate to the City of Moorpark the required right-of-way for North Hills Parkway. 158 Resolution No. PC-2022-686 102) Any offsite grading and drainage or construction easements for the construction of North Hills Parkway shall be obtained by the Applicant prior to Grading Permit issuance. 103) Emergency access roads shall be reviewed and approved by the County Fire Department and provide all-weather access. Any proposed drainage conveyance device along the proposed emergency access roads shall be designed and installed subject to the approval of the Public Works Director and upon the Developer’s proof that all required easement(s) have been recorded. 104) Any associated improvements to the existing At-Grade Railroad Crossing for the purposes of the emergency access road shall be reviewed by the appropriate Railroad Authority. All railroad improvement, if any, shall be designed and constructed by the Applicant. 105) Drainage and Hydrology: 106) 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. 107) 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. 108) If drainage is conveyed to adjacent properties, additional easements and/or approvals may be required. 109) 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. 110) The applicant’s engineer shall provide for detention of on‐site storm drainage, based on either offsite storm drain capacity limitations or a ‘no net increase’ approach, 159 Resolution No. PC-2022-686 whichever yields the greater volume or required detention. In either case the required volume shall be calculated by unit hydrograph or other approved means. Such calculations shall be included in the Project Drainage Report. 111) 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. 112) Any storm drainage connections into County Watershed facilities shall be reviewed and approved by the County for acceptance. 113) All off-site storm water discharge, including the proposed storm drain facilities at the intersection of North Hills Parkway and Gabbert Road shall obtain the necessary drainage easements from private property owners and governmental agencies. NPDES: 114) Development shall conform to the current requirements for the County’s MS4 permit for new developments. 115) 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. 116) In‐tract improvements shall incorporate Low Impact Development standards. 117) 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 Waster Water Discharge Identification Number and Construction General Permit must obtained. 118) 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 City of Moorpark Public Works Department for review and approval and be recorded prior to Grading Permit issuance. 119) The applicant’s engineer shall provide for the mitigation of the project’s storm water quality impacts. The applicant’s engineer shall provide calculations for the sizing and location of devices intended to mitigate such impacts and coordinate the locations of required water quality treatment devices on the Storm Drain Plans. The details of the required devices shall be included in the Project Drainage Report and the Project Plans. 160 Resolution No. PC-2022-686 120) Prior to the issuance of any construction/Grading Permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post‐construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. “Passive” and “natural” BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar “active” devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio‐remediation, infiltration of pre‐filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non‐disruptive fashion is required. As 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). 161 Resolution No. PC-2022-686 h) Secure the funding, perpetuity, to achieve and maintains items a through g. 121) Proposed grading improvements and cut for North Hills Parkway shall be reviewed by the Community Development Department for City conformance to any applicable Development Code and Standards. Solid Waste 122) Prior to issuance of construction permits, the applicant shall provide a Recycling Bin Plan for any common areas for 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 non-hazardous construction materials from landfill. 123) Sufficient space must be provided in any trash enclosure for the storage of containers for recycling, green waste and at least one additional 95 gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. 124) Prior to issuance of building permits, the applicant shall submit a Construction 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. 125) 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. 126) Prior to issuance of a zoning clearance for a building permit, the applicant shall provide a trash enclosure plan for the review and approval of the City's Solid Waste Management staff and Community Development Director. Trash enclosure must include a solid-screen gate with a solid roof design to match building and be of sufficient size to accommodate appropriate trash bins. 127) All properties must have at least 3 feet of gate access to allow for trash carts to be moved through the gate. Parks and Recreation 128) Prior to issuance of Final Map, grading permit, or building permit, Developer shall detail the continuation of the trail along North Hills Parkway to the western side and 162 Resolution No. PC-2022-686 provide a connection to the sidewalk along the western street, subject to the approval of the Parks, Recreation and Community Services Director. 129) Easement(s) shall be over a portion of Lot A and Lot 5, subject to the satisfaction of the Public Works Director and Parks, Recreation and Community Services Director. - END - 163 12853-0055\2561493v3.doc 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 MOORPARK PROPERTY 67, LLC 164 Page 2 DEVELOPMENT AGREEMENT This Development Agreement the (“Agreement”) is made and entered into on ______________, 2023 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as “City”) and MOORPARK PROPERTY 67, LLC, the owner of real property within the City of Moorpark generally referred to as Residential Planned Development Permit 2016-02 (referred to hereinafter as “Developer”). City and Developer are referred to hereinafter collectively as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals: This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1 Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code Chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property to establish certainty in the development process. 1.2 Moorpark Property 67, LLC 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 5979 Gabbert Road, 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 _______, 2023, the City Council adopted Resolution No. 2023-____, adopting the Mitigated Negative Declaration (“MND”) prepared for this Agreement and the Project Approvals as defined in Subsection 1.4 of this Agreement. 1.4 General Plan Amendment (GPA) No. 2016-02, Zone Change (ZC) No. 2016-02, Residential Planned Development (RPD) Permit No. 2016-02, Vesting Tentative Tract Map (TTM) No. 5847 including all subsequently approved modifications and permit adjustments to the RPD Permit, TTM, and all amendments thereto (collectively “the Project Approvals”; individually “a Project Approval”) provide for the development of the Property with one hundred thirty-four (134) single family homes and 5 estate lots and the construction of any improvements in connection therewith (“the Project”). 165 Page 3 1.5 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.6 By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and conditions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.7 City and Developer acknowledge and agree that the consideration 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 ________, 2023, the City Council of City (“City Council”) commenced a duly noticed public hearing on this Agreement and following the conclusion of the hearing closed the hearing and introduced and provided first reading to Ordinance No. ___ (“the Enabling Ordinance”) that approves this Agreement. Thereafter on _______, 2023, the City Council gave second reading to and adopted the Enabling Ordinance. 2. Property Subject To This Agreement. All 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 166 Page 4 this Agreement, whether any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest, subject to Subsection 3.2 below. 3.2 Release Upon Subsequent Transfer. Upon the conveyance of Developer’s interest in the Property or any portion thereof by Developer or its successor(s) in interest, the transferor shall be released from its obligations hereunder with respect to the portion of Property conveyed as of the effective date of the conveyance, provided that the transferee expressly assumes all obligations of the transferred portion of the Property and a copy of the executed assignment and assumption agreement is delivered to the City prior to the conveyance. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such conveyance, except as provided in Subsection 6.16 of this Agreement with respect to the sale of completed “affordable units” (as defined in that subsection) to qualified buyers. Notwithstanding the foregoing, this Agreement shall not be binding upon the transferee of a Completed Unit with respect to the transferee’s interest in such Completed Unit, and the rights and obligations of Developer under this Agreement shall not run with the portion of the Property that is conveyed with the Completed Unit after such conveyance of the Completed Unit by Developer or its successor in interest. For purposes of this Agreement, “Completed Unit” means a completed residential unit within the Property for which the City has issued a certificate of occupancy. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3 Building Standards. All construction on the Property shall adhere to all City building codes in effect at the time the plan check or permit is approved per Title 15 of the Moorpark Municipal Code and to any federal or state building requirements that are then in effect (collectively “the Building Codes”). 167 Page 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 order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. No future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution, or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City’s right to ensure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2 Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3 Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively “the Subsequent Approvals”; individually 168 Page 6 “a Subsequent Approval”) shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively “City Laws”), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals; (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a citywide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) 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 Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement and 169 Page 7 does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.5 Issuance of Building Permits. No Building Permit shall be unreasonably withheld or delayed from Developer if Developer complies with this Agreement and the Project Approvals and Subsequent Approvals. In addition, no Final Building Permit final inspection or Certificate of Occupancy will be unreasonably withheld or delayed from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the Final Building Permit is in place or is scheduled to be in place prior to completion of construction, the Developer is in compliance with all provisions of this Agreement, the Project Approvals and Subsequent Approvals, and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with Subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.6 Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a Citywide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1 Development as a Residential Project. Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant, and (iv) ND and any subsequent or supplemental environmental actions. Developer agrees not to apply for any non- residential uses on the Property. 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 170 Page 8 preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3 North Hills Parkway Improvements. (a) Not later than twelve (12) months after the date of the issuance of the first grading permit for the Project, Developer shall execute and deliver, in a form approved by the City Attorney and at no cost to the City, an irrevocable offer of dedication of a fee interest for the future street right of way of North Hills Parkway along the entire southerly border of the property, along with necessary slope easements and construction easements. The dedication shall be approximately one hundred feet (100’) wide so as to be sufficient to provide the City a two hundred (200’) foot roadway. (b) At the time set forth in the Conditions of Approval applicable to the Project as provided in the Project Approvals, Developer shall design and construct the public street improvement for North Hills Parkway from the North Hills Parkway ingress/egress point into the project, east to Gabbert Road to a total width of a maximum of two lanes (one in each direction) within the two hundred foot (200’) right of way. The roadway improvements shall include: curb and gutter, sidewalks, street paving, a landscaped center median, street lights, trees and utilities to the extent required by the applicable improvement plans. The location of roadway improvements and dedications for construction of the North Hills Parkway shall be conceptually shown in Exhibit D (the North Hills Parkway Exhibit). (c) If construction of North Hills Parkway from the eastern portion of the Project (project entry) to Gabbert Road has not been completed, Developer shall be required to acquire property, at Developer’s sole expense that is necessary to construct North Hills Parkway from the eastern portion of the Project to Gabbert Road. 6.4 Development Fee Per Unit. As a condition of the final inspection for each market rate residential dwelling unit within the Property, Developer shall pay City a one-time development fee as described herein (the “Development Fee”). The Development Fee may be expended by City in its sole and unfettered discretion. The amount of the Development Fee shall be Nine Thousand Five Hundred and One Dollars ($9,501.00) per market rate residential unit. The Development Fee shall be adjusted annually commencing 171 Page 9 January 1, 2026, by the Consumer Price Index (CPI). The annual CPI adjustment shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Long Beach/Anaheim metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October. In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5 Traffic Mitigation Fee. As a condition of final inspection for each market rate 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 Eleven Thousand One Hundred Fifty-Three Dollars ($11,153.00) per market rate residential unit. The Citywide Traffic Fee shall be adjusted annually commencing January 1, 2026 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. 6.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall pay the LAAOC fee in effect at the time of final inspection for each market rate residential dwelling unit within the Property. 6.7 Air Quality Fees. Developer agrees to pay to City a one-time air quality fee, as described herein (“Air Quality Fee”), in satisfaction of the Transportation Demand Management Fund requirement for the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions. The Air Quality Fee shall be One Thousand Seven Hundred Sixty- Five Dollars ($1,765.00) per market rate residential dwelling unit within the Property to be paid prior to the final inspection for each residential dwelling unit in the Project. If the Air Quality Fee is not paid by January 1, 2026, then commencing on January 1, 2026, and annually thereafter, the Air Quality Fee shall be adjusted by any 172 Page 10 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. 6.8 Park Fees. Prior to the final inspection for each market rate 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 Four Hundred Forty-seven Dollars ($12,447.00) for each market rate residential dwelling unit within the Property. If the Park Fee is not paid by January 1, 2026, the Park Fee shall be adjusted annually commencing January 1, 2026 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 referenced Indices for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees that the above-described payments shall be deemed to satisfy the parkland dedication requirement set forth in California Government Code Section 66477 et seq. for the Property. 6.9 Community Services Fee. As a condition of final inspection for each market rate 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 173 Page 11 discretion. The amount of the Community Services Fees shall be Two Thousand Seven Hundred Eighty-Eight Dollars ($2,788.00) per market rate residential dwelling unit. Commencing on January 1, 2026, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Service Fee have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for All Urban Consumers within the Los Angeles/Long Beach/Anaheim metropolitan area during this prior year. The calculation shall be made using the month of October over the prior month of October or in the event there is a decrease in the CPI for any annual indexing, the Community Service Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.10 Art in Public Places Fee. Developer agrees to pay the Art in Public Places Fee (Art Fee) in effect at the time of final inspection for each residential unit 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). Per Chapter 17.50 of the Moorpark Municipal Code, developer may install “an approved artwork on private property to satisfy his public art obligation. Any artwork to be installed deemed to comply with Chapter 17.50 shall be approved by the City Council prior to issuance of building permit of the first residential unit and installed prior to issuance of a certificate of occupancy for the tenth residential unit. 6.11 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 at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the Operative Date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as such fees are imposed on projects similar to the Project or on property similar to the Property. 6.12 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 ND. 174 Page 12 6.13 Community Facilities District. (a) It is the mutual intent of the Parties that the development of the Project will not have any fiscal impact on or require any contribution from the General Fund of the City. Project funding for costs of the development of the Project may include a mix of different approaches, including without limitation, Developer construction of and/or financing of such services, facilities, operations and maintenance through the payment of Impact Fees or other fees, taxes, levies, assessments, formation of and payment by a homeowner’s association, or other financing mechanisms as determined by Developer in its reasonable discretion, pursuant and subject to this Agreement, the Project Approvals, Subsequent Approvals and all Applicable City Law, taking into account and guided by the pre-existing rights of others in the existing and future public services and facilities (including their operations and maintenance) that Developer may seek to use. To facilitate such intent, as necessary, the Developer may request the City to form one or more assessment or financing districts (“District(s)”), pursuant to Chapter 2.5 of Part 1 of Division 2 of the California Government Code (Government Code Sections 53311 et seq.) (the “CFD Act”), the Streets and Highways Code, Division 10 and 12, the Landscape and Lighting Act of 1972, or other similar law for the purposes of funding services required to be provided or funded under this Agreement, as Developer agrees to implement and the City determines are lawfully and appropriately funded by the District. To the extent other property owners outside the Property are interested or benefit and are made part of such District, such other properties may be encompassed in such District in accordance with applicable law. (b) In connection with the formation of a District, Developer shall: (i) file with the City a petition for the formation of the District, (ii) provide any deposit required by the applicable act, (iii) not oppose formation of the District and (iv) vote in favor of the special tax or assessment, as appropriate, to fund the District. (c) Developer acknowledges and agrees that the City will not accept any improvements or facilities to be maintained by the District nor shall the Developer receive any payments from the District for any improvements or facilities until such facilities and improvements have been inspected and the City determines in its reasonable discretion, that such improvements and facilities have been completed in 175 Page 13 accordance with the applicable plans, and have no liens outstanding. (d) The City and Developer agree that the assessments or special taxes for any District formed will be collected from parcels in the District as provided in the rate and method of apportionment (RMA) prepared for that District. (e) Upon written request of City, Developer will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any District or other financing mechanism, to the end that City will not be obligated to pay any costs related to the formation or implementation of any District or other financing mechanism. City staff shall meet with the Developer to establish a preliminary budget for such costs, and will confer with Developer from time to time as to any necessary modifications to that budget. Any District may provide for the reimbursement to Developer of any advances by Developer for any costs incurred as provided immediately above, and any other costs incurred by Developer that are related to the District, such as the costs of legal counsel, special tax consultants, engineers, etc. (f) A Community Facilities District or other funding mechanism to the satisfaction of the City Council, shall be established to provide funding for: i. Recreation facilities: Recreation on site will consist of a 12 feet wide, decomposed granite trail that runs along North Hills Parkway. This horse trail will not only provide a path for horses but also for pedestrians wishing to engage in walking or jogging activities. ii. Open space: Lot A, at 139,974.33 square feet and 3.213 acres, which runs along North Hills Parkway will provide open space and landscaping for the overall site (Lot A from Lot D to approximately Lot 101). iii. The graded slope improvements on North Hills Parkway at Gabbert Road outside of the east Tract boundary. iv. Landscape maintenance and improvements on the west portion of North Hills Parkway along the southern portion of the Property to Gabbert Road corresponding to the portions of the North Hills Parkway improved by Developer under this Agreement. 176 Page 14 6.14 Gabbert Road Railroad Crossing Contribution. Developer agrees to contribute to the cost of the design and construction of Gabbert Road and the Union Pacific railroad crossing by paying the City three hundred thousand ($300,000.00) no later than before the final inspection of the 70th dwelling unit within the project. Said funds shall be deposited into the City’s Traffic Mitigation Fund to be used in conjunction with other funds collected by the City for the purpose of widening and making other improvements to that intersection to improve vehicular and pedestrian traffic flow through that intersection. 6.15 [INTENTIONALLY LEFT BLANK] 6.16 Densities Allowed for Development and Affordable Housing. (a) Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code, Government Code Sections 65915 through 65917.5 or both; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available, to provide the eighteen (18) housing units (listed on Exhibit C.) with a minimum of 1,483 square feet and three (3) bedrooms, two (2) baths each, affordable to moderate income households (not to exceed 120% of median income adjusted for family size), one unit with a minimum of 1,483 square feet and three (3) bedrooms, two (2) baths affordable to very low income households (not to exceed 50% of median income adjusted for family size) and one (1) unit with a minimum of 1,483 square feet and three (3) bedrooms, two (2) baths affordable to extremely low income households (not to exceed 30%) of median income adjusted for family size) (twenty total units). (b) Developer explicitly acknowledges that its agreement to construct these affordable units is given both as specific consideration for both the density bonus and in general as consideration for City’s willingness to negotiate and enter into this Agreement and for the valuable consideration given by City through this Agreement. Developer further acknowledges that its agreement to construct these affordable units is not the result of an existing policy or regulation imposed by City but instead is the result of arm’s length negotiation between Parties. 177 Page 15 (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 6.16 is specifically exempt from the requirements of Subsection 7.2. (d) Prior to recordation of the first Final Map for this Project, the parties agree to execute an Affordable Housing Purchase and Sale Agreement (Affordable Housing Agreement) that sets forth the Developer’s and City’s obligations and provides procedures and requirements to ensure that all the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. The Affordable Housing Agreement shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity share and second trust deed provision, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and/or assigns to this Agreement, quality of and responsibility for selection of amenities and applicability of home warranties to meet all or a portion of its obligation and any other items determined necessary by the City. Developer shall pay the City’s direct costs for preparation and review of the Affordable Housing Agreement up to a maximum of five-thousand Dollars ($5,000.00) Any unused funds for drafting of the affordable housing Agreement shall be returned to developer within 60 days of execution of the Agreement by both parties. (e) All affordable units shall meet the criteria of all California Health and Safety Code statutes and implementing regulations pertaining to for-sale Affordable Housing units so as to qualify as newly affordable to low-income households and to satisfy a portion of the City’s Regional Housing Needs Allocation (RHNA) obligation. The affordable units required by this Agreement are consideration for City’s entry into this Agreement and therefore 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 6.16 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 178 Page 16 Agreement or the conditions of approval for Tentative Tract Map No. 5847 and/or RPD Permit No. 2016-02, then the Affordable Housing Agreement shall prevail. (f) The CC&Rs for the Project shall provide for a cap on each income restricted unit on the assessment and collection of monthly Homeowner Association (HOA) fees to not exceed two hundred dollars ($200.00). (g) The Affordable Sales Price for low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b)(3) of California Health and Safety Code. Section 50052.5(h) of the California Health and Safety Code provides that an appropriate household size in terms of determining purchase price is one more person than the number of bedrooms. This means that the pricing for a three (3) bedroom unit will be based on a household of four (4) regardless of the actual size of the household purchasing the unit. For example, the monthly “affordable housing cost” for a three (3) bedroom unit would be 30% times 70% of the current median income for a household of four (4) in Ventura County, divided by twelve (12). This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulation shown below (See Section 50052.5(c) of the Health and Safety Code). The Affordable Sales Price for a low-income household purchasing a three (3) bedroom unit under current market conditions, based upon the following assumptions: Item Detail Amount 3 Bedroom Affordable Sale $214,000.00 Down Payment 5% of Affordable Sales Price $10,700.00 Loan Amount Affordable Sales Price less Down $203,300.00 Interest Rate 4.65% Monthly Property Tax 1.25% of Initial Purchase Price 223.00 LMD Not Currently N/A HOA 200.00 Fire Insurance 20.00 Maintenance 30.00 Utilities 186.00 Low Income Buyer 179 Page 17 (h) The assumptions associated with the above purchase price figures for low-income households include a 5% down payment, based on Affordable Sales Price for a three (3) bedroom unit, mortgage interest rate of 4.65%, 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 $20.00 per month, maintenance costs of $30.00 per month, and utilities of $186.00 per month for a three (3) bedroom unit. (i) Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very buyers. Furthermore, if “affordable housing cost”, as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Purchase and Sale Agreement negotiated pursuant to this Agreement shall address this potential change. Developer acknowledges that amounts listed in the “Low Income Buyer” table in Subsection 6.16(g), above, are for illustration purposes only and are subject to change. (j) In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size appropriate to the number of bedrooms in the unit being purchased by the City, consistent with all requirements of this Subsection 6.16. 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 180 Page 18 households; and providing the forms of Deed of Trust, Promissory Note, Resale Refinance Restriction Agreement and Option to Purchase Property and Notice of Affordability Restriction on Transfer of Property and all necessary contracts and related documents to ensure that the referenced affordable units remain occupied by low income households for the longest feasible time (the “Affordability Documents”). Developer further agrees that the difference between the Affordable Sales Price (as referenced in this Agreement) paid by a qualified buyer and market value shall be retained by City as a second deed of trust. (l) Developer shall pay closing costs for each affordable unit, not to exceed eight thousand dollars ($8,000.00). Beginning January 1, 2026 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 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 181 Page 19 carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. City staff person responsible for affordable housing will select basic finish options for the affordable units. (o) Developer agrees that all warranties for the affordable units shall be the same or better than those for the market rate units, all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the affordable units and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The home warranties for the affordable units shall be the same duration as the warranties for the market rate units and not less than the maximum time required by State law but in no event less than ten (10) years. (p) Developer agrees to provide the same amenities for the affordable units (purchased by the low-income buyer, or City) as those amenities that are provided for the market rate units. The 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, toilets, bathtubs and showers; and door and cabinet hardware, and shall all be of the same quality and quantity as provided in the Project’s market rate units as determined by the City’s Community Development Director and City staff person responsible for City’s Affordable Housing Programs. (q) The floor plan and size of the units shall be approved by the Community Development Director and City staff person responsible for City’s Affordable Housing Programs and each income restricted unit shall include a downstairs bathroom. (r) The parties agree that prior to and upon the sale of an affordable unit to a qualified buyer or City, City may at its sole discretion take any actions and impose any conditions on buyer eligibility and on said sale or subsequent sale of the unit to ensure ongoing affordability to low-income households and related matters. Developer agrees if it sells any of the affordable units directly to qualified low-income buyers, all requirements of the buyer, including, but not limited to, completion of a City approved homebuyer education training 182 Page 20 workshop and the Affordability Documents, shall be included as a requirement of the sale. The language of all such documents shall be approved by City at its sole discretion. City has sole discretion in selecting lenders, escrow and title companies and real estate professionals to assist with the sale of the affordable units. (s) In the event City is unable to provide a qualified buyer when one of the low-income units has received final inspection approval, Developer shall be allowed to continue to obtain building permits and/or final inspection approval for the non- affordable units. Any low-income units remaining unsold six (6) months after the final inspection approval of the 134th unit will be purchased by the City, as provided for in the Affordable Housing Agreement. Developer is required to maintain low- income units in move-in condition until such time as the City finds a buyer. For purposes of this schedule, final inspection approval requires approval of the City’s Building Official and Community Development Director. (t) Developer also agrees that subsidiaries, divisions or affiliates of Developer may not be used to provide lending, escrow or other services relevant to the purchase transactions for the affordable units. (u) If a qualified low-income buyer is identified by City prior to or at the time of final inspection approval of any of the affordable units, Developer shall open escrow for the sale of said unit as provided for in the Affordable Housing Agreement, and shall enter escrow directly with the buyer identified by City, and proceed to closing of said escrow. If a qualified low-income buyer has not been identified at the time Developer receives final inspection approval for an affordable unit, City, at its option, may agree to purchase the affordable unit required to be provided by Developer for the amount and at the time as provided for in this agreement. Developer and City agree to use their best efforts to complete the close of escrow within forty-five (45) days of the final inspection approval of an affordable unit. (v) Developer shall satisfy all mechanic’s, laborer’s, material man’s, supplier’s, or vendor’s liens and any construction loan or other financing affecting any unit or lot in the Project which has been designated for an affordable unit, before the close of escrow for that affordable unit. 183 Page 21 (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: (x) The required affordable units within the Project shall be designated as unit numbers in within the Project consistent with Exhibit “C” attached hereto and incorporated herein. The City Manager or the City Manager’s designee may approve in writing different unit numbers within the Project so long as the unit contains no less than 1,483 square feet, with a minimum of three (3) bedrooms and two (2) baths each. (y) Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the Project includes twenty (20) residential dwelling units that will be sold to qualified low- income households. The disclosures shall also state that these twenty (20) residential dwellings shall 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. 6.17 Annual Review Procedures. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved Project conditions of approval. 6.18 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. Prior to Occupancy of Number of Affordable Units 38th Unit 6 74th Unit 6 104th Unit 6 134th Unit 2Total Units 20 184 Page 22 6.19 Subdivision Improvement Agreement. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a subdivision improvement agreement to guarantee the Developer agreements contained in this Agreement and in the conditions of approval for the VTTM and RPD. The plan shall address the entities responsible and method and timing of guarantee for each component of Developer’s obligations and is subject to City approval at its sole discretion. 6.20 Fee Protest Waiver. Developer agrees that any fees and payments pursuant to this Agreement and for the Project shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to Subsections 6.4, 6.5, 6.6, 6.7, 6.8 and 6.9 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. 6.21 CPI Indexes. In the event the “CPI” referred to in Subsections 6.4, 6.5, 6.7, 6.8 and 6.9 or the Bid Price Index referred to in Subsections 6.5 and 6.8 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. 6.22 City Ability to Modify. Developer acknowledges the City’s ability to modify the development standards and to change the General Plan designation and zoning of the Property upon the termination or expiration of this Agreement (if the Project has not been built), and Developer hereby waives any rights they might otherwise have to seek judicial review of such City actions to change the development standards, General Plan designation and zoning to those development standards and density of permitted development to that in existence prior to the approval of GPA No. 2016-02 and ZC No. 2016-02. 6.23 Homeowners Association. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall form one or more property owner associations to assume ownership and maintenance of private recreation, private streets, parking lots, landscape areas, flood control and NPDES facilities and other amenities within the Project. The obligation of said Homeowners Associations shall be more specifically defined in the 185 Page 23 conditions of approval of the first tentative tract or parcel map for the property. 6.24 Developer agrees that subject to its reimbursement rights in Subsection 7.5 below, prior to the issuance of the first building permit, the Developer shall: Improve Gabbert Road from immediately north of the railroad right-of-way to the proposed intersection of North Hills Parkway, with improvements to include four (4) travel lanes, with bikelanes, curbs, gutters, parkways, and sidewalks on each side of the street, all consistent with Ventura County Standards to the satisfaction of the City Engineer/Public Works Director. 6.25 Secondary Access to Los Angeles Avenue. This Project is required to extend a secondary access road from the west side of the Project to Los Angeles Avenue as indicated on VTTM 5847, Sheet 7, Overall Access Plan. All required access easements and permits necessary from any agency or property owner to install this required secondary access road shall be obtained prior to the issuance of any building permit for the development. Grading and improvement plans for this secondary access road shall be submitted to the City and the Fire Department for review and approval prior to construction of the access road. By acceptance of these conditions of approval, the applicant and or developer waives the provisions of Government Code Section 66462.5. Failure of the Developer to obtain the required easements and permits will cause this Project to not comply with the findings required under Government Code Section 66474.02 and will require a redesign of the Project to provide the required secondary access. 7. City Agreements. 7.1 Commitment of Resources. At Developer’s expense, City shall commit reasonable time and resources of City staff to work with Developer on the processing of applications for Project Approvals and all Subsequent Approvals and Building Permits for the Project area and if requested in writing by Developer shall use overtime and independent contractors whenever possible. 7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer and limited to City’s legal authority, City at its sole and absolute discretion shall proceed to acquire, at Developer’s sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City’s legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, 186 Page 24 guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of 15% on all out-of-pocket costs. 7.3 Concurrent Entitlement Processing. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the Project so long as the application for such entitlements are “deemed complete” in compliance with the requirements of Chapter 4.5 Review and approval of Development Projects (Permit Streamlining Act) of the California Government Code. 7.4 Park Fees. City agrees that the Park Fee required under Subsection 6.8 of this Agreement meets all of Developer’s obligations under applicable law for park land dedication. 7.5 Reimbursements Rights. If improvements to Gabbert Road are constructed by A-B Properties, or successor, A-B Properties may seek reimbursement from Developer for those improvements also required of Developer. These road improvements shall include the Gabbert Road improvements from the intersection with Poindexter Avenue north of a point one-hundred and twenty-five (125) feet north of the railroad right-of-way as well as improvements to North Hills Parkway between Gabbert Road on the east and the eastern Project boundary on the west. If the Hitch Ranch development constructs improvements to Gabbert Road including but not limited to those indicated above, Hitch Ranch may seek reimbursement from Developer for those improvements required of Developer according to the Ventura County Fire Department. Similarly, if improvements to Gabbert Road are constructed by Developer, Developer may seek reimbursement from A-B Properties for those improvements required of A-B Properties for its development. These road improvements shall include the Gabbert Road improvements from the intersection with Poindexter Avenue north of a point one-hundred and twenty-five (125) feet north of the railroad right-of-way as well as improvements to North Hills Parkway between Gabbert Road on the east and the eastern Project boundary on the west. If Developer constructs improvements to Gabbert Road, including but not limited to those indicated above, Developer may seek reimbursement from Hitch Ranch for those improvements required of Hitch Ranch by the Ventura County Fire Department. Developer may negotiate and enter into reimbursement agreements 187 Page 25 with owners of the Hitch Ranch and A-B Properties to either reimburse those projects an agreed upon amount for construction costs associated with required roadway improvements on Gabbert Road or be reimbursed by the Hitch Ranch and A-B Properties owners an agreed upon amount for construction costs associated with required roadway improvements on Gabbert Road. The reimbursement agreements shall not be subject to City approval, or on a form provided by the City. Fully executed copies of the reimbursement agreements shall be provided to the City upon execution by the parties to the agreements. 7.6 [INTENTIONALLY BLANK] 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. To ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer’s compliance with the MMRP. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of “Excusable Delay”, as hereinafter defined, provided that the Party claiming the delay gives written notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City or other local government entity to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by a delay by other third party entities which are required to approve plans or documents for Developer to construct the Project, or restrictions imposed or mandated by such other third party entities or governmental entities other than City, (including but 188 Page 26 not limited to, Ventura County Watershed Protection District); or (i) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Project. 11. Default Provisions. 11.1 Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) Practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) Fails to make any payments required under this Agreement within five (5) business days after City gives written notice to Developer that the same is due and payable; or (c) Breaches any of the other provisions of this Agreement and fails to cure the same within thirty (30) days after City gives written notice to Developer of such breach (or, if the breach is not able to be cured within such thirty (30) day period, Developer fails to start to cure the same within thirty (30) days after delivery of written notice by City of such breach or fails to thereafter diligently prosecute the cure to completion. 11.2 Default by City. City shall be in breach of this Agreement if it breaches any of the provisions of this Agreement and fails to cure the breach within thirty (30) days after Developer gives written notice to City of the breach (or, if the breach is not able to be cured within such thirty (30) day period, City fails to start to cure the same within thirty (30) days after delivery of written notice from Developer of such breach or fails to thereafter diligently prosecute the cure to completion). 11.3 Content of Notice of Violation. Every notice of breach shall state with specificity that it is given pursuant to this section of this Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall state the applicable period to cure. The notices shall be given in accordance with Section 20 hereof. 189 Page 27 11.4 Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible of possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of this Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by the City shall be injunctive relief and/or specific performance. Developer shall not be entitled to monetary damages or consequential damages for the City’s breach. In addition, in the event this Agreement is terminated by City pursuant to the provisions of Chapter 15.40 of the Moorpark Municipal Code, and such termination is found invalid or unenforceable by a court of competent jurisdiction, Developer shall not be entitled to monetary damages for the 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 6.16 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 the Property or any portion thereof or any improvements thereon and its successors and assigns (“Mortgagee”) shall be entitled to the following rights and privileges. 190 Page 28 12.2 Lender Requested Modification/Interpretation. City acknowledges that the lenders providing financing to Developer for the Property may request certain interpretations and modifications of this Agreement. City therefore agrees upon request, from time to time, to meet with Developer and representatives of such lenders to discuss in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement shall be subject to the provisions of this Agreement pertaining to modifications and amendments. 12.3 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any binding and effective against the Mortgagee and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise; provided, however, Mortgagee and such owner shall not be responsible for any matters that occurred prior to their acquisition of the Property or such portion. 12.4 Written Notice of Default. If a non-monetary default is not cured by Developer within thirty (30) days after written notice by City to Developer or a monetary default is not cured with in five (5) days after written notice by City to Developer, then each Mortgagee shall be entitled to received written notice from City of the applicable default by Developer under this Agreement provided the Mortgagee has delivered a written request to the City for such notice and shall have provided its address for notices in writing to the City. Each such Mortgagee shall have a further right, but not the obligation, to cure such default for an additional period of thirty (30) days after delivery of such notice of default by City to the Mortgagee. City shall not commence legal action against Developer by reason of Developer’s breach without allowing the Mortgagee to cure the same as specified herein. 13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within ten (10) days following receipt of the notice. City 191 Page 29 acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any consent or approval herein to be given by the City may be given by the City Manager provided it is expressed and is in writing. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives written notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval or Subsequent Approvals shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals or Subsequent Approvals. 16. Developer Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer’s performance pursuant to this Agreement including, but not limited to, Developer’s construction of the Project on the Property and construction of improvements on the City Site and any injury sustained by any person in connection with the construction or partial construction of buildings and improvements on the Property and City Site. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision thereof, the environmental documents 192 Page 30 prepared and approved in connection with the approval of the Project, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. As described in Subsection 1.9 above, this Agreement shall become operative on the Operative Date, being the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of fifteen (15) years commencing on the Operative Date or until one year after the issuance of the final building permit for occupancy of the last unit of the Project whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval or Building Permit or Final Building Permit that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval or Building Permit or Final Building Permit. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. Notwithstanding the foregoing, the following shall survive the expiration or earlier termination of this Agreement: (i) all obligations arising under this Agreement 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 193 Page 31 understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 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 conflict with any provision of the Purchase and Sale Agreement, the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 194 Page 32 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys’ Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. 33. Authority to Execute. Developer warrants and represents that to its knowledge as of the Operative Date and with respect to each entity that is defined as Developer: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this Agreement. 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 MOORPARK PROPERTY 67, LLC 195 Page 33 By: James Rasmussen, Manager /Member 196 Page 34 12853-0055\2561493v3.doc EXHIBIT “A” LEGAL DESCRIPTION 197 Page 35 12853-0055\2561493v3.doc EXHIBIT “B” ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: James Rasmussen, President Moorpark Property 67, LLC. 26500 West Agoura Rd., #652 Calabasas, CA 91302 198 Page 36 12853-0055\2561493v3.doc EXHIBIT “C” LISTING OF AFFORDABLE UNITS Unit Number Bedroom Size Unit Size (sq. ft.) Type (list lot number) List # of bedrooms, plus # of bath Numerical value in sq. ft. Moderate, Low, Very Low 11 3 BED 2 BATH 1483 SQ FT MODERATE 13 3 BED 2 BATH 1506 SQ FT MODERATE 27 3 BED 2 BATH 1506 SQ FT MODERATE 30 3 BED 2 BATH 1506 SQ FT MODERATE 37 3 BED 2 BATH 1483 SQ FT MODERATE 39 3 BED 2 BATH 1506 SQ FT MODERATE 43 3 BED 2 BATH 1506 SQ FT MODERATE 45 3 BED 2 BATH 1483 SQ FT LOW 47 3 BED 2 BATH 1506 SQ FT MODERATE 52 3 BED 2 BATH 1506 SQ FT MODERATE 60 3 BED 2 BATH 1483 SQ FT MODERATE 69 3 BED 2 BATH 1483 SQ FT MODERATE 71 3 BED 2 BATH 1506 SQ FT MODERATE 132 3 BED 2 BATH 1483 SQ FT MODERATE 135 3 BED 2 BATH 1506 SQ FT MODERATE 129 3 BED 2 BATH 1506 SQ FT MODERATE 126 3 BED 2 BATH 1483 SQ FT VERY LOW 122 3 BED 2 BATH 1506 SQ FT MODERATE 113 3 BED 2 BATH 1483 SQ FT MODERATE 115 3 BED 2 BATH 1506 SQ FT MODERATE 199 Page 37 12853-0055\2561493v3.doc EXHIBIT “D” NORTH HILLS PARKWAY EXHIIBT (CONCEPTUAL) --'r -----__ _.!.-_----?---~ ~ ~------C ~---~ \ ' \ \ \ ~ \ 5 ' I DEW LK--- FEN CI~G E G ~.BB EFr RD , SHOWN FO REF ER ENCE '\ STREIT LI GHT 1ED!Afl4 200 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: November 22, 2022 To: Honorable Planning Commission From: Doug Spondello, AICP, Deputy Community Development Director Subject: North Ranch Public Hearing Item – Public Comments Received Prior to Publication of Agenda The following public comment letter was received prior to the publication of the agenda on November 17, 2022. PC ATTACHMENT 4 201 1026 Antelope Place Newbury Park, CA 91320 Office :( 805) 496-1985 www.duanelevyandassociates.com November 11, 2022 Re: North Ranch Moorpark, CA ATTN: Mayor Chris Enegren, Mayor Pro Tem Antonio Castro, Councilmember Daniel Groff, Councilmember Tom Means, Councilmember Roseann Mikos Dear Mayor and Councilmember's, I have been a Ventura County resident for over 50 years and currently own a home in Moorpark, California. The North Ranch proposed residential project is a necessary need for the City of Moorpark Community which will include a park, public recreation area, roadway improvements and infrastructure including North Hills Parkway along with open space and multi -use walking, jogging and equestrian trails. Most of all it will help allow the city to meet a portion of their RHNA requirements with income and affordable housing element issued by the State of California. This has been a project in the making for many, many years and it’s nice to finally see city staff working closely with the project applicant to develop the site into a prosperous Housing Community. “I am 100% in favor of North Ranch residential project moving forward”. This will only benefit The City of Moorpark in many ways. Please feel free to contact me if you should have any questions or comments. Sincerely, ___________________________ Robert D. Levy Duane Levy & Associates Inc. Cc: Troy Brown, Carlene Saxton, Douglas Spondello Duane Lery & Assoc., Inc. 202