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Home My WebLink AboutRES PC 2022 686 2022 1122 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-SAC, 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 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: 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 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. 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 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: Commissioners Alva, Barret, Brodsly, Rokos, and Chair Landis NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 22nd day of November 2022. Kipp L�ndis Chai� 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 Resolution No PC-2022-686 Page 7 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 Resolution No PC-2022-686 Page 8 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. Resolution No PC-2022-686 a& MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project 0 eme Significance After Phase Agency Initial Date Remarks Mitigation Measure Implementation Phase Monit ring Enforc nt Level of Verification of Compliance Mitigation Air Quality MM-AQ-1: The developer shall ensure that all onsite vehicles and equipment Prior to construction Construction Planning Department Less than with horsepower greater than 50 shall meet, at a minimum, EPA Tier IV final engine Significant 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. MM-AQ-2: The developer shall ensure that the architectural coating activities Prior to construction Construction Planning Department Less than shall be phased such that they extend for a minimum of 150 days over the duration of Significant the Project construction. Biological Resources MM-BIO-1: If it is feasible, the clearing of vegetation and construction activities Prior to construction Prior to and during Planning Department/ Less than will be conducted between August 31st and February 1st,which is outside of the typical construction CDFW Significant 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. Resolution No PC-2022-686 a&' MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Mitigation Me: III L _-MEM1111 I r1m. "M �� . MM-13I0-2: Prior to the commencement of ground disturbance or vegetation Prior to construction Prior to construction Planning Department/ Less than removal activities,including but not limited to grubbing,grading,and fuel modification, CDFW Significant 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. MM-13I0-3: If any individual of the four species are found during the survey,then Prior to construction Prior to construction Planning Department/ Less than a salvage program will be initiated for the site.The salvage program will consist of the CDFW Significant 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-13I0-4: Prior to the initiation of any grading and during initial grubbing and Prior to construction Prior to construction Planning Department Less than topsoil salvage, biologists shall attempt to capture and relocate all reptiles within the Significant 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-13I0-5: To reduce impacts resulting from construction vehicle traffic, routes During construction During construction Less than and trips shall be restricted to a minimum number. Earth-moving equipment shall be Significant 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 During construction During construction Planning Department Less than fence) around the Project site shall be accomplished in order to limit the progression Significant 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. Resolution No PC-2022-686 a& MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Monitoring Verification of Compliance A& Phase Pi �. MM-BIO-7 In order for any remaining unmodified natural open space within or Prior to construction During operation Planning Department Less than adjacent to the Project site to continue to function as a natural part of the regional Significant 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 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 construction and Planning Department Less than MM-BIO-B: To reduce coastal sage scrub loss resulting from fuel modification, a operation Significant 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. Post construction During operations Planning Department/ Less than MM-BIO-9: Any coastal sage scrub that is remaining after full Project CDFW Significant 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. Resolution No PC-2022-686 Pa -BIO-10: Grading and fuel modification impacts to the California brittle bush Prior to issuance of During operation Planning Department Less than scrub plant community shall be compensated by restoration of in-kind habitat in an Grading Permit Significant 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 • 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. Resolution No PC-2022-686 Pa MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Verification of Compliance 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- During construction During construction Planning Department Less than moving equipment shall be confined to within the approved limits of grading during Significant 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 Prior to issuance of During construction and Planning Department/ Less than and submit a Streambed Alteration Notification package to the CDFW for alterations to Grading Permit operations(if CDFW/USACE/RWQCB Significant CDFW jurisdictional streambed and habitat. A Streambed Alteration Agreement shall restoration/offsite be entered into with the CDFW under Section 1602 of the California Fish and Game mitigation is required) 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-13I0-13. Resolution No PC-2022-686 Pa -BIO-13 A habitat mitigation and monitoring plan shall be developed prior to Prior to issuance of During operation Planning Department/ Less than issuance of any building or grading permit. The plan shall mitigate for permanent building or grading CDFW/RWQCB Significant grading impacts to 0.24 acre (1,155 linear feet) of RWQCB waters of the State/CDFW permits 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; ■ 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. Cultural Resources MM-CUL-1: A qualified archaeological monitor will periodically spot-check During construction During construction Planning Department Less than monitor Project ground disturbance activities to ensure that sensitive archaeological Significant Resolution No PC-2022-686 a& MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project Verification of Compliance Mitigation Me: 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 During construction During construction Planning Department Less than compaction. In area of fill exceeding 40 feet in vertical thickness, all tests achieve a Significant 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. MM-PALEO-1 Prior to issuance of a Zoning Clearance for a grading permit, the Prior to issuance of a During construction Community Development Less than applicant shall be required to obtain the services of a qualified project paleontologist Grading Permit Department Significant 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 After completion of During construction Community Development Less than paleontologist shall prepare a final paleontological mitigation report summarizing all ground-disturbing Department Significant monitoring efforts and observations, as performed in line with the PMP, and all activities paleontological resources encountered, if any. As well as providing follow-up reports of any specific discovery, if necessary. Transportation Resolution No PC-2022-686 a& MITIGATION MONITORING AND REPORTING PROGRAM North Ranch Residential Project WIN! Monitoring Verification of Compliance Phase �. MM-TRA-1: Electric Vehicle Charging/Parking Spaces: The Project would install Prior to operation Prior to operation Planning Department Less than electric vehicle charging and parking stations.The charging and parking stations would Significant 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 Prior to operation Prior to operation Planning Department Less than Project residents and other potential users of the station to utilize the public transit Significant 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. 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Resolution No PC-2022-686 a a a Page 25 g m s w wgn cog �- N 4 4 R 8 4 Q Om Iz'wgBRp F rW a ffi y � g� > 000000000000�00000000®O®m� W 8 W o -- ZQ ; J ^ _ ztO y, �nine a o^ �W:il ko 5 1 III i I r 5 1 \ I /ice I 5 /JI Resolution No PC-2022-686 Page 26 EXHIBIT D CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval 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 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. Resolution No PC-2022-686 Page 27 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] 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] Resolution No PC-2022-686 Page 28 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] 16)lf 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 Resolution No PC-2022-686 Page 29 notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PW] 17)AII 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] 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] Resolution No PC-2022-686 Page 30 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)lf 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. Resolution No PC-2022-686 Page 31 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] 3 1)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] 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 Resolution No PC-2022-686 Page 32 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 31 st 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-131O-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. Resolution No PC-2022-686 Page 33 MM-BI0-3: 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-131O-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-B1O-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-BI0-7 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 Resolution No PC-2022-686 Page 34 • 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-113I0-8: 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-113I0-9: 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 Resolution No PC-2022-686 Page 35 • 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 Resolution No PC-2022-686 Page 36 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-131O-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; Resolution No PC-2022-686 Page 37 • 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 Resolution No PC-2022-686 Page 38 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. Resolution No PC-2022-686 Page 39 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. Resolution No PC-2022-686 Page 40 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. Resolution No PC-2022-686 Page 41 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 '/2 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. 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. Resolution No PC-2022-686 Page 42 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. 68)Prior to issuance of building permit, developer shall submit a lighting plan for the community park. [MPD] Resolution No PC-2022-686 Page 43 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)AII 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 Resolution No PC-2022-686 Page 44 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)AII 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)AII 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)AII existing and proposed easements shall be reflected on the project plans. 85)AII 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 Resolution No PC-2022-686 Page 45 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. Resolution No PC-2022-686 Page 46 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)AII 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. Resolution No PC-2022-686 Page 47 102) 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. 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, Resolution No PC-2022-686 Page 48 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. Resolution No PC-2022-686 Page 49 120) 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). Resolution No PC-2022-686 Page 50 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. 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 Resolution No PC-2022-686 Page 51 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. Resolution No PC-2022-686 Page 52 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 Resolution No PC-2022-686 Page 53 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 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"). Resolution No PC-2022-686 Page 54 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 Resolution No PC-2022-686 Page 55 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. 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"). Resolution No PC-2022-686 Page 56 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 Resolution No PC-2022-686 Page 57 "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; (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 Resolution No PC-2022-686 Page 58 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 Resolution No PC-2022-686 Page 59 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 Resolution No PC-2022-686 Page 60 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 Resolution No PC-2022-686 Page 61 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. 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 Resolution No PC-2022-686 Page 62 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. Resolution No PC-2022-686 Page 63 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. Resolution No PC-2022-686 Page 64 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. 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. Resolution No PC-2022-686 Page 65 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 70t" 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. Resolution No PC-2022-686 Page 66 (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 Resolution No PC-2022-686 Page 67 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: Low Income Buyer Item Detail Amount 3 Bedroom Affordable $214,000.00 Sale Dow n Paymen 5% of Affordable Sales Price $10,700.00 Loan Amount Affordable Sales Price less $203,300.00 Dow n Interest Rate 4.65% Monthly 1.25% of Initial 223.00 Property Tax Purchase Price LIVID Not Currently N/A HOA 200.00 Fire Insurance 20.00 Maintenance 30.00 Utilities 186.00 Resolution No PC-2022-686 Page 68 (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 Resolution No PC-2022-686 Page 69 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. (1) 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 1 st 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 Resolution No PC-2022-686 Page 70 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 Resolution No PC-2022-686 Page 71 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. Resolution No PC-2022-686 Page 72 (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. Resolution No PC-2022-686 Page 73 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. 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 Resolution No PC-2022-686 Page 74 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, Resolution No PC-2022-686 Page 75 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 Resolution No PC-2022-686 Page 76 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 Resolution No PC-2022-686 Page 77 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. Resolution No PC-2022-686 Page 78 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. 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. Resolution No PC-2022-686 Page 79 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 Resolution No PC-2022-686 Page 80 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. 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 Resolution No PC-2022-686 Page 81 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 Resolution No PC-2022-686 Page 82 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 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. Resolution No PC-2022-686 Page 83 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 Resolution No PC-2022-686 Page 84 By: James Rasmussen, Manager/Member Resolution No PC-2022-686 Page 85 EXHIBIT "A" LEGAL DESCRIPTION Resolution No PC-2022-686 Page 86 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 Resolution No PC-2022-686 Page 87 EXHIBIT "C" LISTING OF AFFORDABLE UNITS Unit Bedroom Size Unit Size (sq. ft.) Type Number (list lot List # of bedrooms, Numerical value in sq. ft. Moderate, Low, Very number) plus # of bath 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 Resolution No PC-2022-686 Page 88 EXHIBIT "D" NORTH HILLS PARKWAY EXHIIBT (CONCEPTUAL) EX GABBERT RD SHOWN FOR REFERENCE � 1 � 25' ! 1 1 5' 5' SIDEWALK 14� FENCING I', ti 4' STREET LIGHTS tt 14' MEDIAN ti t � t SCALE. 1"=100' Y EXHIBIT 0 DEL I E NORTH HILLS PARKWAY 4w T 00MR 9-14.LIE tax,C"LLLQ.%A 3.1mo- - PFgFE314;,E 57..�EUhEEk&IkEEAIh6.Cp MMM 11-j04` CIIIL- 'G -wi-W 511 1 MTB 1Q1Vj2= MW. 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