HomeMy WebLinkAboutAGENDA REPORT 2024 0417 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 17, 2024
ACTION APPROVED STAFF
RECOMMENDATION INCLUDING
INTRODUCTION OF ORDINANCE NO.
522 AND ADOPTION OF RESOLUTION
NO. 2024-4234. (ROLL CALL VOTE:
UNANIMOUS)
BY B.Garza.
A.Consider Ordinance for the First Amendment to Development Agreement No.
2016-01 Between the City of Moorpark and M.P. Group LLC, Moorpark Homes
LLC, and CLP Investment LLC Allowing the Payment of an In-lieu Fee for the
Project’s Affordable Housing Obligation, Eliminating the On-site Affordable
Housing Obligation, and Making other Adjustments to the Development
Agreement; Consider Resolution Amending the Conditions of Approval for
Residential Planned Development Permit No. 2016-01; and Making a
Determination of Exemption Pursuant to the California Environmental Quality Act
in Connection Therewithin, on the Application of Nelson Chung of Pacific
Communities (on Behalf of M.P. Group LLC, Moorpark Homes LLC, and CLP
Investment LLC). Planning Commission Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2) Introduce
Ordinance No. ___ approving the First Amendment to Development Agreement
between the City of Moorpark and M.P. Group LLC, Moorpark Homes LLC, and
CLP Investment LLC allowing the payment of an in-lieu fee for the project’s
affordable housing obligation, eliminating the on-site affordable housing obligation
and making other adjustments to the development agreement for first reading,
waive full reading, and place this Ordinance on the agenda for May 1, 2024, for
purposes of providing second reading and adoption of the Ordinance; and 3) Adopt
Resolution No. 2024-___ approving amendments to the Conditions of Approval
(“COA”) for Residential Planned Development (“RPD”) Permit No. 2016-01, and
finding the project Exempt from the California Environmental Quality Act (CEQA).
(Staff: Shanna Farley, Principal Planner) (ROLL CALL VOTE REQUIRED)
Item: 8.A.
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, AICP, Community Development Director
BY: Shanna Farley, Principal Planner
DATE: 04/17/2024 Regular Meeting
SUBJECT: Consider Ordinance for the First Amendment to Development
Agreement No. 2016-01 Between the City of Moorpark and M.P. Group
LLC, Moorpark Homes LLC, and CLP Investment LLC Allowing the
Payment of an In-lieu Fee for the Project’s Affordable Housing
Obligation, Eliminating the On-site Affordable Housing Obligation,
and Making other Adjustments to the Development Agreement;
Consider Resolution Amending the Conditions of Approval for
Residential Planned Development Permit No. 2016-01; and Making a
Determination of Exemption Pursuant to the California Environmental
Quality Act in Connection Therewithin, on the Application of Nelson
Chung of Pacific Communities (on Behalf of M.P. Group LLC,
Moorpark Homes LLC, and CLP Investment LLC)
PROJECT DESCRIPTION AND BACKGROUND
On April 15, 2016, Pacific Community Builders, Inc. (“Applicant”) filed an application to
develop a 284-unit residential development consisting of 153 detached single-family and
131 detached condominium units (“Project”) and associated site improvements on 38.73
acres of property generally located south of Los Angeles Avenue and west of Leta Yancy
Road (APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-
205, 506-0-030-255, and 506-0-030-245) (“Site”/“Project Site”).
On September 20, 2017, the City Council adopted Resolution No. 2017-3626 adopting a
Mitigated Negative Declaration (MND) for the Project and approving the General Plan
Amendment No. 2016-01 for a change to the land use designation from General
Commercial to High and Very High Density Residential on the Project Site. On the same
date, the City Council also adopted Resolution No. 2017-3627, which approved Vesting
Tentative Tract Map No. 5882 and conditionally approved Residential Planned
Development (RPD) Permit No. 2016-01 for the Project.
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On October 4, 2017, the City Council adopted Ordinance No. 453 approving Zone
Change No. 2016-01 to change the zoning on the Project Site from Commercial Planned
Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and Open Space. On the
same date, the City Council adopted Ordinance No. 454 approving Development
Agreement (DA) No. 2016-01 (Attachment 1) for the Project between the City of Moorpark
and M.P. Group LLC, Moorpark Homes LLC, and CLP Investment LLC (collectively
referred to as “Owner”). The DA expires on October 4, 2037, or one-year after the final
inspection of the final unit within the Project, whichever occurs last.
On March 19, 2024, the Planning Commission considered the request for the First
Amendment to the DA and amendments to the Conditions of Approval associated with
RPD No. 2016-01 and conducted a public hearing to consider the request. The Planning
Commission received a presentation from staff and the Applicant. The Applicant
presented two additional requests to amend Standard Conditions of Approval No. 65 and
152, to address feasibility and timing concerns on the part of the Applicant. The Planning
Commission considered textual amendments to the two conditions, which were presented
to them in writing by staff. Following deliberation, the Planning Commission unanimously
voted (Commissioner DiCecco absent) to adopt Resolution No. PC-2024-705
(Attachment 3) recommending the City Council consider an ordinance approving the
requested amendments to the DA and approving a resolution adopting the requested
amendments to Conditions of Approval.
DISCUSSION
The Applicant has requested the First Amendment to the DA (Attachment 4, Exhibit A).
The application included two primary requests, each described below.
1. Initially, the Applicant requested to change an affordable housing requirement for
the Project to allow the payment of an affordable housing in-lieu fee instead of
constructing 25 low-income for-sale units. The Applicant indicated that the
obligation to construct and sell 25 low-income units would make the project
infeasible to build when considering the holding costs for the vacant land and the
delays in working to refine the Project’s design. The Applicant had requested relief
from the affordable housing requirement, which resulted in the proposed payment
of an in-lieu fee.
2. The Applicant requested to phase the Vesting Tentative Tract Map, which originally
was described as a single map. The Applicant intends to record the Project’s maps
in five phases (Attachment 2), beginning with Phase 1 and Phase 4.
The Applicant has worked for the past several years to address permit requirements
associated with stormwater runoff along the Arroyo Simi Channel with the County of
Ventura Watershed Protection District, which caused unexpected delays in the permitting
and construction of the Project. The Applicant is currently in plan review for grading
permits and final tract maps. The Applicant anticipates grading will begin in the summer
of 2024.
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The proposed changes to the DA are summarized below and fully included in
Attachment 4, Exhibit A:
• DA Section 3.2 – Typographical correction to remove a comma and added “or final
inspection” as a threshold for timing of the requirement;
• DA Section 6.12 – The term “Landscape Maintenance Assessment District (LMD)”
is changed to “Community Facility District (CFD)” to align with current terminology.
In addition, the payment of $5,000 fee for the formation of the CFD was revised to
require a deposit of $50,000, to align with estimated current costs associated with
the formation of a CFD. Additionally, “or final inspection” was added for the
acceptance of the CFD;
• DA Section 6.13 – In 2023, the Developer prepared an updated financial feasibility
analysis of the affordable housing obligations in the Development Agreement and
the Affordable Housing Agreement and asserted that, with those obligations, the
Project is not financially feasible. Accordingly, the Developer has requested to
amend the requirement to construct 25 affordable housing units for low-income
households and instead pay an affordable housing in-lieu fee of $4,186,000
(“Affordable Housing Fee”). The City has considered the Developer’s request and
retained an independent financial consultant to advise the City on the request. The
consultant provided four alternatives to the construction of the 25 affordable
housing units for low-income households. References to the construction of
affordable housing units would be removed from the DA. In addition, the original
DA also requires the dedication of a 1.6-acre parcel of land and related site
improvements (“City Site”) for the future development of an affordable housing
project to offset the construction of 17 units for very low-income households;
• DA Section 6.14(b) – The timing of the conveyance of the City Site to the City is
revised to occur prior to the recordation of Final Map Phase 1 and Phase 4;
• DA Section 6.20 – Added Section 6.13 to a list of sections of the DA which rely on
the Consumer Price Index (“CPI") adjustment that applies to certain fees when
paid as set forth in the DA. Section 6.13, had been unintentionally omitted from
the list of sections;
• DA Section 6.21 – The section was revised to remove reference to the previous
affordable housing units which are no longer proposed;
• DA Section 6.25 – The timing of the creation of a Homeowners Association is
revised to occur prior to the recordation of Final Map Phase 1 and Phase 4;
• DA Section 6.26 – This section was expanded to indicate that the City would retain
an option to issue tax exempt bonds for work to be performed along Los Angeles
Avenue, in the event that the CFD would be unable to finance such bonds;
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• DA Section 7.11 – This section has been deleted as it was required only for the
sale of the previously anticipated affordable housing units; and
• DA Section 11.4 – The section was reworded to more accurately describe
“Remedies of Breach” should a party to the DA fail to uphold aspects of the
agreement.
The proposed First Amendment to the DA would allow the payment of the in-lieu fee for
affordable housing instead of the construction of affordable units. Therefore, the
associated Affordable Housing Agreement (“AHA”) previously recorded for the Project
would no longer be needed and will be terminated if the First Amendment is approved by
the City Council. Termination of the AHA would occur after the recordation of the DA
Amendment, should the request be approved.
The requested First Amendment to the DA was considered by a City Council Ad Hoc
committee, which consists of Mayor Enegren and Councilmember Delgado, which was
formed by the City Council on April 19, 2023. Following their meetings on May 5, 2023,
June 12, 2023, September 25, 2023, November 15, 2023, and January 25, 2024, the Ad
Hoc Committee recommended that staff prepare the First Amendment to the DA to
include the Applicant’s requests as described above.
Amendments to Conditions of Approval (“COA”)
Along with amendments to the DA, the Applicant’s request also includes revisions to the
adopted COA to address changes in the DA and phasing of the Final Maps. The Project
was approved with the incorporation of COA referred to as Standard COA, those identified
in City Council Resolution No. 2009-2799 and Special COA, which were adopted as part
of City Council Resolution No. 2017-3627. The proposed changes to the following
Standard and Special COAs applicable to the Project are summarized below:
Amendments to Standard COA:
• Standard COA No. 2 – Revised to address the phasing of final maps;
• Standard COA No. 3 – Revised to indicate the expiration of the Project’s
subdivision map would coincide with the term of the DA, to expire on October 4,
2037, unless all Phased Final Maps have been recorded;
• Standard COA No. 4 – Revised to indicate the expiration of the Project’s RPD
Permit would coincide with the term of the DA, to expire on October 4, 2037, unless
the use has been inaugurated by the issuance of a building permit for construction;
• Standard COA No. 5 – Revised to address the phasing of final maps;
• Standard COA No. 27 – Revised to address the phasing of final maps;
• Standard COA No. 32 – Revised to address the phasing of final maps;
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• Standard COAs No. 37-40 – The associated conditions related to construction of
affordable housing units have been deleted, consistent with the payment of an
Affordable Housing Fee, as described above;
• Standard COA No. 41 – Revised to include “or final inspection” as a threshold for
timing of the condition;
• Standard COA No. 63 – Revised to include “or final inspection” as a threshold for
timing of the condition;
• Standard COA No. 65 – Revised to remove the 15-foot separation requirement
between air conditioning and air handling units from windows on the ground floor
of residential units, to allow more flexibility in locating such equipment on each lot
and to ensure that the air conditioning and air handling units meet noise limits set
forth in the Municipal Code;
• Standard COAs No. 76, 77,85, 95, and 96 – Revised to include “or final inspection”
as a threshold for timing of the condition;
• Standard COAs No. 112 and 113 – Revised to address the phasing of final maps;
• Standard COAs No. 141-150 – Revised to address the phasing of final maps;
• Standard COA No. 152 – Revised to allow the undergrounding of overhead utilities
to be completed prior to issuance of the “first Certificate of Occupancy (final or
temporary) or final inspection of the first building” rather than prior to the issuance
of the first Building Permit;
• Standard COA No. 190 – Revised to include “or final inspection of the first building”
as a threshold for timing of the condition;
• Standard COAs No. 201-204 – Revised to address the phasing of final maps; and
• Standard COAs No. 205, 211, 215, and 217 – Revised to include “or final
inspection” as a threshold for timing of the condition.
Amendments to RPD Special COA:
• RPD Special COA No. 1 – Revised to indicate the expiration of the Project’s
Residential Planned Development Permit would coincide with the term of the DA,
to expire on October 4, 2037, unless the use has been inaugurated by the issuance
of a building permit for construction;
• RPD Special COA No. 2 – Reference to the Project Site’s prior zoning designation
of “Residential Planned Development (RPD)” revised to “Multifamily Residential
(R-3)” to align with the updated zoning adopted by the City of Moorpark in 2023;
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• RPD Special COA No. 8 – This COA was deleted to remove reference to the
previous Affordable Housing Agreement which would no longer be necessary with
proposed payment of the Affordable Housing Fee;
• RPD Special COA No. 11 – Typographical correction to remove duplicated “shall
be”; and
• RPD Special COA No. 15 – Revised to remove reference to the construction of
affordable housing units.
Amendments to Vesting Tentative Tract Map (VTTM) Special COA:
• VTTM Special COA No. 2 – Revised to indicate the expiration of the Project’s
subdivision map would coincide with the term of the DA, to expire on October 4,
2037, unless all Phased Final Maps have been recorded;
• VTTM Special COA No. 4 – The term “Landscape Maintenance Assessment
District (LMD)” is changed to “Community Facility District (CFD)” to align with
current policy relative to funding of landscaping. In addition, the payment of $5,000
fee for the formation of the CFD was revised to require a deposit of $50,000, to
align with estimated current costs associated with the formation of a CFD. Lastly,
the text throughout the section was revised to replace LMD with CFD where
appropriate; and
• VTTM Special COA No. 5, 7, and 23 – Revised to address the phasing of final
maps.
General Plan, Housing Element, and Zoning Consistency
The proposed First Amendment to the DA proposes no physical changes to the Project
or the Project Site. The Project would change the affordable housing contribution of
construction of 25 lower income housing units to market rate units through the payment
of an in-lieu fee. Although the Project design would remain consistent with General Plan
and Zoning requirements for the site, additional analysis and findings associated with the
General Plan Housing Element are required to assess changes to the affordability of
housing units as part of this request.
Housing Element
The City’s Housing Element, which is a part of the General Plan, was approved by City
Council on February 15, 2023. The Housing Element incorporates numerous
requirements set forth by the State of California associated with the production of housing
units. One such requirement is the necessity for jurisdictions to plan and accommodate
for an allocation of new housing units by income categories, referred to as Regional
Housing Needs Assessment (“RHNA”). During each eight-year cycle, jurisdictions are
required to identify projects and properties which can accommodate the RHNA allocation
identified by the local association of governments. In some cases, this is done by referring
to pending or approved housing projects or by referring the permissible residential density
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allowed in each residential zone. For the City of Moorpark’s 2021-2029 housing cycle,
the Southern California Association of Governments (SCAG) identified Moorpark’s RHNA
allocation as 1,289 new housing units. The housing units are further broken down into
the following affordability categories (Table 1).
Table 1 – Moorpark’s Regional Housing Needs Allocation for 2021-2029
Per Government Code Section 65583, the City’s Housing Element shall identify adequate
sites to meet the communities housing needs. To meet the RHNA requirements set forth
by SCAG, the City of Moorpark’s Housing Element identifies numerous residential
projects that the City anticipates will be constructed in the current housing cycle. Many
of these projects have been approved and are expected to begin construction in the next
few years. This analysis, shown in Table 2 below, identified projects or sites that would
produce up to 2,492 housing units of varying affordability.
Pursuant to Government Code Section 65863(b), the City may not reduce the number of
housing units identified in the Housing Element, to meet the RHNA allocation, unless
certain findings are made. First, the findings require that the City ensure that the reduction
in the housing units identified in the Housing Element to meet the RHNA would be
consistent with the General Plan and Housing Element. Second, the finding shall indicate
that the City continues to maintain adequate housing units to meet the remaining RHNA
allocation.
The 2021-2029 Housing Element relies on the following projects and assumptions to
account for the RHNA allocation in Moorpark, as shown in Table 2. The Project was
identified as providing 25 units within the low-income category, and 259 units in the above
moderate-income category. The requested amendments to the Project to allow payment
of an in-lieu fee instead of constructing 25 low-income units, would result in a total of 284
units constructed within the above moderate-income category. The change to the RHNA
table is shown in Table 3 below.
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Table 2 – Current Housing Element Projects and Credits Toward the RHNA
*Note that a typographical error in the approved Housing Element, reproduced above in
Table 2, shows a calculation of 653 units within the lower income (low and very low)
categories for RHNA Credit, which actually add to 654 units. The typographical error is
corrected in Table 3 which correctly calculates the lower income units count as 629.
Table 3 – Revised Housing Element Projects and Credits Toward the RHNA
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Should the amendments to the Project be approved, the changes would be tracked by
City staff to ensure that any other future changes to housing production address the
requirement to meet the RHNA allocation for the current housing cycle. The Housing
Element is not amended by this action, should the amendments to the DA be approved.
Rather, the discussion put forth in this report and further outlined in the findings within the
attached Ordinance (Attachment 4) and Resolution (Attachment 5) memorialize this
analysis and the Project’s continued conformance with the General Plan and Housing
Element.
The City’s RHNA for the 2021-2029 planning period is 1,289 total units (610 lower income
categories, 245 moderate income, and 434 above moderate income). The City’s 2021-
2029 Housing Element identified capacity for 2,491 total units (653 lower, 297 moderate,
and 1,541 above moderate). Thus far in the 2021-2029 planning period, the City has
approved entitlements for 19 accessory dwelling units at the lower income level.
Approving the First Amendment to the Development Agreement would reduce the total
number of units that can be accommodated on sites identified in the site inventory within
the lower income category from 654 units to 629 units. However, this would retain a buffer
of 19 lower income units beyond the original required RHNA allocation for the lower
income categories. The First Amendment also would result in an increase in the total
number of above moderate-income units from 1,541 units to 1,566 units, where only 434
units were required to be identified originally. Due to the remaining buffer of 19 lower
income units, and the fact that 19 lower income ADUs have been approved already, the
proposed action would not result in a reduction of identified units below the required
RHNA allocation.
In addition, the original entitlement also includes a provision to dedicate a 1.6-acre pre-
graded portion of the Project Site to the City for the purposes of developing low-income
housing, in lieu of constructing 17 very low-income housing units (“City Site”). The
dedication of the City Site is intended to serve as a location for future development of very
low-income housing units, which will be constructed at a later date. Should the request
to pay an affordable housing in lieu fee for the remaining 25 affordable housing units be
granted, the additional fees may be leveraged for the development of affordable housing
on the City Site and/or construction of other affordable housing projects throughout the
City.
Should other applicants seek to reduce the number of housing units for a specific income
level that will be produced on a site identified in the site inventory, the City will require
similar analysis and findings to ensure the identified RHNA allocations are met or some
other action to ensure adequate housing capacity is identified.
The proposed First Amendment to the DA and amendments to the Conditions of
Approval, are generally consistent with the goals, policies, and programs of the General
Plan 2050, including the 2021-2029 Housing Element.
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ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted
an MND on September 20, 2017, that analyzed the environmental impacts associated
with development of the Project at that time. The MND determined that there were no
significant impacts with the inclusion of specific mitigation measures identified in the
MND’s Mitigation Monitoring and Reporting Program (MMRP). No changes to the
physical development are proposed and the proposed amendments to the DA or
Conditions of Approval do not present any additional environmental impacts. Therefore,
the Project remains consistent with the previously-adopted MND and no further
environmental documentation is required.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning
Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on April 5, 2024.
2. Mailing. The notice of the public hearing was mailed on April 5, 2024, to owners
of real property, as identified on the latest adjusted Ventura County Tax Assessor
Roles, within one thousand (1,000) feet of the exterior boundaries of the assessor’s
parcel(s) subject to the hearing.
3. Sign. Four 32 square-foot signs were placed on the street frontages on April 5,
2024.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). However, because the subject
application includes a legislative action to amend a Development Agreement, it is not
subject to the provisions of the Permit Streamlining Act.
FISCAL IMPACT
Should the request be approved, the fiscal impact would include receipt of a $4,186,000
Affordable Housing Fee paid to the City of Moorpark. The Affordable Housing Fee would
serve as a community benefit to be used by the City for future development of affordable
housing within the City of Moorpark.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive of the City Council.
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PLANNING COMMISSION RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Open the public hearing, accept public testimony, and close the public hearing;
and
2. Introduce Ordinance No. ___ approving the First Amendment to Development
Agreement between the City of Moorpark and M.P. Group LLC, Moorpark Homes
LLC, and CLP Investment LLC allowing the payment of an in-lieu fee for the
project’s affordable housing obligation, eliminating the on-site affordable housing
obligation and making other adjustments to the development agreement for first
reading, waive full reading, and place this Ordinance on the agenda for May 1,
2024, for purposes of providing second reading and adoption of the Ordinance;
and
3. Adopt Resolution No. 2024-___ approving amendments to the Conditions of
Approval (“COA”) for Residential Planned Development (“RPD”) Permit No. 2016-
01, and finding the project Exempt from the California Environmental Quality Act
(CEQA).
Attachment 1: Development Agreement No. 2016-01
Attachment 2: Phased Tract Map No. 5882 (Phase 1-5)
Attachment 3: Planning Commission Resolution No. PC-2024-705
Exhibit A: First Amendment to Development Agreement No. 2016-01
Exhibit B: Amendments to Conditions of Approval for RPD No. 2016-01
Attachment 4: Draft Ordinance No. ___
Exhibit A: First Amendment to Development Agreement No. 2016-01
Attachment 5: Draft Resolution No. 2024-___
Exhibit A: Amendments to Conditions of Approval for RPD No. 2016-01
11
r75-b .SS (9100 - l )
1141111111110111
Recording Requested By 20171011- 00132051-01145AndWhenRecordedReturn to:Ventura County Clerk and Recorder
MARK A. LUNN
CITY CLERK 10!11/2017 03:48:56 PM
CITY OF MOORPARK
1258528 $.00 VA
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
MP GROUP, LLC (Pacific Communities),
MOORPARK HOMES, LLC AND
CLP INVESTMENT, LLC
ATTACHMENT 1
12
DEVELOPMENT AGREEMENT
This Development Agreement the ("Agreement") is made and entered into on
Deka,- 'f , 2017 by and between the CITY OF MOORPARK, a municipal
corporation (referred to hereinafter as "City") and MP Group, LLC. a California limited
liability company ("MP Group"). MOORPARK HOMES, LLC. a California limited liability
company ("Moorpark Homes") and CLP INVESTMENT, LLC. a California limited liability
company ("CLP"), the owners of real property within the City of Moorpark generally
referred to as Residential Planned Development Permit 2016-01 (referred to hereinafter
collectively as "Developer"). City and Developer are referred to hereinafter collectively
as a "Party" and collectively as the "Parties." In consideration of the mutual covenants
and agreements contained in this Agreement, City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the
Parties:
1. 1 Pursuant to Government Code Section 65864 et seq. and Moorpark
Municipal Code Chapter 15.40, City is authorized to enter into a binding
contractual agreement with any person having a legal or equitable interest
in real property within its boundaries for the development of such property
in order to establish certainty in the development process.
1.2 MP Group is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 1 ("Parcel 1") in the legal description set
forth in Exhibit "A" which exhibit is attached hereto and incorporated by
reference. Moorpark Homes is the owner in fee simple of certain real
property in the City of Moorpark identified as Parcel 2 ("Parcel 2") in
Exhibit "A". CLP is the owner in fee simple of certain real property in the
City of Moorpark identified as Parcel 3 ("Parcel 3") in Exhibit "A" and that
certain real property referred to herein as the "City Site" and more
particularly described in Exhibit "B" attached hereto and incorporated by
reference. Parcels 1, 2, and 3 are referred to hereinafter collectively as
the "Property".
1.3 Prior to, and in connection with, the approval of this Agreement, the City
Council reviewed the project to be developed pursuant to this Agreement
as required by the California Environmental Quality Act ("CEQA.") On
September 20, 2017, the City Council adopted Resolution No. 2017-3626,
adopting the Mitigated Negative Declaration ("MND") and Mitigation
Monitoring and Reporting Program the ("MMRP") prepared for this
Agreement and the Project Approvals as defined in Subsection 1.4 of this
Agreement.
1.4 General Plan Amendment No. 2016-01 ("GPA"), Zone Change No. 2016-
01 ("ZC"), Residential Planned Development Permit No. 2016-01 ("RPD"),
and Vesting Tentative Tract Map No. 5882 ("VTTM") including all
2
13
subsequently approved modifications and permit adjustments to the RPD,
VTTM, and all amendments thereto (collectively "the Project Approvals";
individually "a Project Approval") provide for the development of the
Property with 284 homes consisting of 154 small-lot detached homes and
130 detached condominium ownership homes and the construction of
certain off-site improvements in connection therewith ("the Project").
1.5 City and Developer acknowledge and agree that the previous
Development Agreement No. 1998-02 for the Property, approved by the
City Council on December 2, 1998 by Ordinance No. 257, needs to be
voided so a new Development Agreement reflecting the Project can be
adopted and implemented. City and Developer also acknowledge and
agree that by the enabling ordinance approving this new Agreement, the
City's previous approval of Development Agreement No. 1998-02
pursuant to Ordinance No. 257 is rescinded and that rescission will take
effect upon the date the enabling ordinance for this Agreement under
Government Code Section 36937 ("Enabling Ordinance") becomes
effective ("Operative Date").
1.6 City and Developer acknowledge and agree that the approval of
Residential Planned Development Permit Nos. 1996-01 and 1999-04 for
the Property, approved by City Council Resolution Nos. 99-1621 and
2000-1783, expired due to lack of Project inauguration by Developer.
1.7 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.
1.8 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.
1.9 City and Developer acknowledge and agree that the consideration that is
to be exchanged pursuant to this Agreement is fair, just and reasonable
and that this Agreement is consistent with the General Plan of City, as
currently amended.
1.10 On August 22, 2017, the Planning Commission commenced a duly noticed
public hearing on this Agreement, and at the conclusion of the hearing on
August 22, 2017 recommended approval of this Agreement.
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1.11 On September 20, 2017, 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 approved
the Agreement by adoption of Ordinance No. 454 (" the Enabling
Ordinance") on October 4, 2017.
2. Property Subiect To This Agreement. All of the Property shall be subject to this
Agreement. The Property may also be referred to hereinafter as "the site".
3. Binding Effect. The burdens of this Agreement are binding upon, and the
benefits of the Agreement inure to, each Party and each successive successor in
interest thereto (subject to Subsection 3.2 below) and constitute covenants that
run with the Property. Whenever the terms "City" and "Developer" are used
herein, such terms shall include every successive successor in interest thereto.
3.1 Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property shall be
conclusively deemed to have consented and agreed to be bound by this
Agreement, whether or not any reference to the Agreement is contained in
the instrument by which such person acquired such right, title or interest,
subject to Subsection 3.2 below.
3.2 Release Upon Subsequent Transfer. Upon the conveyance of
Developer's interest in the Property or any portion thereof by Developer or
its successor(s) in interest, the transferor shall be released from its
obligations hereunder with respect to the portion of Property conveyed as
of the effective date of the conveyance, provided that the transferee
expressly assumes all obligations of the transferred portion of the Property
and a copy of the executed assignment and assumption agreement is
delivered to the City prior to the conveyance. Failure to provide a written
assumption agreement hereunder shall not negate, modify or otherwise
affect the liability of the transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City discretion to approve or
deny any such conveyance, except as provided in Subsection 6.13 of this
Agreement with respect to the sale of completed "affordable units" (as
defined in that subsection) to qualified buyers. Notwithstanding the
foregoing, this Agreement shall not be binding upon the transferee of a
Completed Unit with respect to the transferee's interest in such Completed
Unit, and the rights and obligations of Developer under this Agreement
shall not run with the portion of the Property that is conveyed with the
Completed Unit after such conveyance of the Completed Unit by
Developer or its successor in interest. For purposes of this Agreement,
Completed Unit" means a completed residential unit within the Property
for which the City has issued a certificate of occupancy.
4. Development of the Property. The following provisions shall govern the
subdivision, development and use of the Property.
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4.1 Permitted Uses. The permitted and conditionally permitted uses of the
Property shall be limited to those that are allowed by the Project Approvals
and this Agreement.
4.2 Development Standards. All design and development standards,
including but not limited to density or intensity of use and maximum height
and size of buildings, that shall be applicable to the Property are set forth
in the Project Approvals and this Agreement.
4.3 Building Standards. All construction on the Property shall adhere to all
City building codes in effect at the time the plan check or permit is
approved per Title 15 of the Moorpark Municipal Code and to any federal
or state building requirements that are then in effect (collectively "the
Building Codes").
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
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the initiative or referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to the amendment.
5.3 Issuance of Subsequent Approvals. Applications for land use approvals,
entitlements and permits, including without limitation subdivision maps
e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps),
subdivision improvement agreements and other agreements relating to the
Project, lot line adjustments, preliminary and final planned development
permits, use permits, design review approvals (e.g. site plans,
architectural plans and landscaping plans), encroachment permits, and
sewer and water connections that are necessary to or desirable for the
development of the Project (collectively "the Subsequent Approvals";
individually "a Subsequent Approval") shall be consistent with the Project
Approvals and this Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project Approvals and by
the applicable provisions of the Moorpark General Plan, the Moorpark
Municipal Code and other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently adopted or
approved by the City Council or through the initiative or referendum
process and in effect at the time that the application for the Subsequent
Approval is deemed complete by City (collectively "City Laws"), except
City Laws that:
a) change any permitted or conditionally permitted uses of the
Property from what is allowed by the Project Approvals;
b) limit or reduce the density or intensity of the Project, or any part
thereof, or otherwise require any reduction in the number of
proposed buildings or other improvements from what is allowed by
the Project Approvals;
c) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the
Project in any manner, provided that all infrastructure required by
the Project Approvals to serve the portion of the Property covered
by the Subsequent Approval is in place or is scheduled to be in
place prior to completion of construction;
d) are not uniformly applied on a Citywide basis to all substantially
similar types of development projects or to all properties with similar
land use designations;
e) control residential rents;
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f) prohibit or regulate development on slopes with grades greater than
20 percent, including without limitation Moorpark Municipal Code
Chapter 17.38 or any successor thereto, within the Property; or
g) modify the land use from what is permitted by the City's General
Plan Land Use Element at the Operative Date of this Agreement or
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 in order to approve or conditionally approve
the modification, a finding is made that the modification is consistent with
this Agreement and does not alter the permitted uses, density, intensity,
maximum height, size of buildings or reservations and dedications as
contained in the Project Approvals.
5.5 Issuance of Building Permits. No Building Permit shall be unreasonably
withheld or delayed from Developer if Developer is in compliance with this
Agreement and the Project Approvals and Subsequent Approvals. In
addition, no Final Building Permit final inspection or Certificate of
Occupancy will be unreasonably withheld or delayed from Developer if all
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement to serve the portion of the Property covered by the
Final Building Permit is in place or is scheduled to be in place prior to
completion of construction, the Developer is in compliance with all
provisions of this Agreement, the Project Approvals and Subsequent
Approvals, and all of the other relevant provisions of the Project
Approvals, Subsequent Approvals and this Agreement have been
satisfied. Consistent with Subsection 5.1 of this Agreement, in no event
shall building permits be allocated on any annual numerical basis or on
any arbitrary allocation basis.
5.6 Moratorium on Development. Nothing in this Agreement shall prevent
City, whether by the City Council or through the initiative or referendum
process, from adopting or imposing a moratorium on the processing and
issuance of Subsequent Approvals and building permits and on the
finalizing of building permits by means of a final inspection or certificate of
occupancy, provided that the moratorium is adopted or imposed (i) on a
Citywide basis to all substantially similar types of development projects
and properties with similar land use designations and (ii) as a result of a
utility shortage or a reasonably foreseeable utility shortage including
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without limitation a shortage of water, sewer treatment capacity, electricity
or natural gas.
6. Developer Agreements.
6.1 Development as a Residential Project. Developer shall comply with (i) this
Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for
which it was the applicant or a successor in interest to the applicant and
iv) the MMRP of the MND and any subsequent or supplemental
environmental actions. Developer agrees not to apply for any non-
residential uses on the Property. The clubhouse and private recreational
facilities are considered to be part of the residential uses.
6.2 Condition of Dedicated or Conveyed Property. All lands and interests in
land dedicated to City shall be free and clear of liens and encumbrances
other than easements or restrictions that do not preclude or interfere with
use of the land or interest for its intended purpose, as reasonably
determined by City.
6.3 Development Fee Per Unit. As a condition of the issuance of a building
permit for each residential dwelling unit within the Property, Developer
shall pay City a one-time development fee as described herein (the
Development Fee"). The Development Fee may be expended by City in
its sole and unfettered discretion. The amount of the Development Fee
shall be Nine Thousand Two Hundred Dollars ($9,200.00) per residential
unit. The Development Fee shall be adjusted annually commencing
January 1, 2019, 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/Riverside/Orange County 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.
6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for
each residential dwelling unit within the boundaries of the Property,
Developer shall pay City a one-time traffic mitigation fee as described
herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion. The amount of the
Citywide Traffic Fee shall be Twelve Thousand Five Hundred Dollars
12,500.00) per residential unit. The Citywide Traffic Fee shall be
adjusted annually commencing January 1, 2019 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
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available on December 31 of the preceding year ("annual indexing"). In the
event there is a decrease in the Bid Price Index for any annual indexing,
the current amount of the fee shall remain until such time as the next
subsequent annual indexing which results in an increase.
6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall
pay the LAAOC fee in effect at the time of building permit issuance for
each residential dwelling unit within the Property. Developer agrees it
shall not be required to pay the LAAOC fee for the first eighty-seven (87)
residential units in the project since Developer previously paid the LAAOC
fee for eighty-seven (87) residential units.
6.6 Air Quality Fees. Developer agrees that the Mitigation Measures included
in the City Council approved MND and MMRP, or subsequent
environmental clearance document approved by the Council, set forth the
mitigation requirements for air quality impacts. Developer agrees to pay to
City a one-time air quality mitigation fee, as described herein ("Air Quality
Fee"), in satisfaction of the Transportation Demand Management Fund
mitigation requirement for the Project. The Air Quality Fee may be
expended by City in its sole discretion for reduction of regional air pollution
emissions and to mitigate residual Project air quality impacts.
The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars
1,709.00) per residential dwelling unit within the Property to be paid prior
to the issuance of a building permit for each residential dwelling unit in the
Project. If the Air Quality Fee is not paid by January 1, 2019, then
commencing on January 1, 2019, and annually thereafter, the Air Quality
Fee shall be adjusted by any increase in the Consumer Price Index (CPI)
until all fees have been paid. The CPI increase shall be determined by
using the information provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the Los
Angeles/Riverside/Orange County metropolitan area during the prior year.
The calculation shall be made using the month of October over the prior
month of October. In the event there is a decrease in the CPI for any
annual indexing, the fee shall remain at its then current amount until such
time as the next subsequent annual indexing which results in an increase.
6.7 Park Fees. Prior to the issuance of the building permit for each residential
dwelling unit within the Property, Developer shall pay a one-time fee in lieu
of the dedication of parkland and related improvements ("Park Fee"). The
amount of the Park Fee shall be Ten Thousand Five Hundred Dollars
10,500.00) for each residential dwelling unit within the Property. If the
Park Fee is not paid by January 1, 2019, the Park Fee shall be adjusted
annually commencing January 1, 2019 by the larger increase of a) or b) as
follows:
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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/Riverside/Orange County metropolitan area during the
prior year. The calculation shall be made using the month of
October over the prior October; or
b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index (Bid Price Index) for Selected California
Construction Items for the twelve (12) month period available on
December 31 of the preceding year (annual indexing).
In the event there is a decrease in both of the referenced Indices for any
annual indexing, the Park Fee shall remain at its then current amount until
such time as the next subsequent annual indexing which results in an .
increase.
Developer agrees that the above-described payments shall be deemed to
satisfy the parkland dedication requirement set forth in California
Government Code Section 66477 et seq. for the Property.
6.8 Community Services Fee. As a condition of issuance of a building permit
for each residential dwelling unit within the boundaries of the Project,
Developer shall pay City a one-time community services fee as described
herein (Community Services Fee). The Community Services Fees may be
expended by City in its sole and unfettered discretion. The amount of the
Community Services Fees shall be Two Thousand Seven Hundred Dollars
2,700.00) per residential dwelling unit. Commencing on January 1,
2019, 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/Anaheim/Riverside metropolitan area during this prior year. The
calculation shall be made using the month of October over the prior month
of October or in the event there is a decrease in the CPI for any annual
indexing, the Community Service Fee shall remain at its then current
amount until such time as the next subsequent annual indexing which
results in an increase.
6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places
Fee (Art Fee) in effect at the time of building permit issuance for each
building prior to the issuance of the building permit for that residential
building within the Project consistent with City Resolution No. 2005-2408
or any Successor Resolution (1.0 percent of total building valuations
excluding land value and off-site improvement costs).
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6.10 Other Development and Processing Fees. In addition to fees specifically
mentioned in this Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said fees include but are
not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, drainage, entitlement processing fees, and plan check and permit
fees for buildings and public improvements. Developer further agrees that
unless specifically exempted by this Agreement, it is subject to all fees
imposed by City at the Operative Date of this Agreement and such future
fees imposed as determined by City in its sole discretion so long as such
fees are imposed on projects similar to the Project or on property similar to
the Property.
6.11 Processing Fees. On the Operative Date, Developer shall pay all
outstanding City processing costs related to preparation of this
Agreement, the Project Approvals and the MND.
6.12 Landscape Maintenance Assessment District (LMD). Prior to issuance of
a Zoning Clearance for the first building permit or the approval of any final
map for the Project, Developer shall pay the City a Five Thousand Dollar
5,000.00) LMD Formation Fee. The LMD shall be for the purposes of
funding future costs for the maintenance of landscaping and irrigation of
the landscaped area and related improvements including but not limited to
the exterior surface of the block walls and hardscape adjacent to Los
Angeles Avenue, Leta Yancy Road and the southern boundaries of the
Project. The City shall administer the annual renewal of the LMD, and any
costs related to such administration shall be charged to the fund
established for such LMD revenues and expenses. Developer agrees to
cast affirmative ballots for the establishment of the LMD, and for annual
increases in the assessments thereunder, for the purposes specified in
this subsection. Developer hereby waives any right it may have to contest
or protest any such assessments or assessment increases. In the event
that any such LMD has insufficient funds for its purposes, then Developer
shall pay the funds required for the LMD costs within five (5) business
days after written demand from the City.
Developer shall be responsible for all LMD costs until acceptance of the
Assessment District by the City. Developer acknowledges and agrees
that the LMD will not be accepted by City until after the final occupancy is
approved for the last residential dwelling unit in the Project and Developer
has made all required LMD improvements in a manner that are acceptable
to City's Parks and Recreation Director and Developer has provided City
with a deposit for the next subsequent twelve (12) months of LMD
maintenance costs.
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Prior to approval of the first final map for the Project, the City Council at its
sole discretion may determine that all or a part of the improvements
planned to be included in the LMD may instead be placed in the
Homeowners' Association for the Project.
6.13 Densities Allowed for Development and Affordable Housing.
a) Developer agrees that densities vested and incentives and
concessions received in the Project Approvals include all densities
available as density bonuses and all incentives and concessions to
which Developer is entitled under the Moorpark Municipal Code,
Government Code Sections 65915 through 65917.5 or both;
Developer shall not be entitled to further density bonuses or
incentives or concessions and further agrees, in consideration for
the density bonus obtained through the Project Approvals that is
greater than would otherwise be available, to provide twenty-five
25) housing units affordable to qualified low income households
not to exceed 80% of median income adjusted for family size) and
the City Site as more specifically described in Subsection 6.14.
These twenty-five housing units may be referred to as affordable
units or units affordable to low income households.
b) Developer explicitly acknowledges that its agreement to construct
these affordable units is given both as specific consideration for
both the density bonus and in general as consideration for City's
willingness to negotiate and enter into this Agreement and for the
valuable consideration given by City through this Agreement.
Developer further acknowledges that its agreement to construct
these affordable units is not the result of an existing policy or
regulation imposed by City but instead is the result of arm's length
negotiation between Parties.
c) Developer further agrees that it shall provide the required number
of affordable housing units as specified above regardless of the
cost to acquire or construct said housing units. Developer further
agrees that City has no obligation to use eminent domain
proceedings to acquire any of the required affordable housing units
and that this Subsection 6. 13 is specifically exempt from the
requirements of Subsection 7.2.
d) Prior to recordation of the first Final Map for this Project, the parties
agree to execute an Affordable Housing Purchase and Sale
Agreement (Affordable Housing Agreement) that sets forth the
Developer's and City's obligations and provides procedures and
requirements to ensure that all of the required affordable housing
units are provided consistent with this Agreement and applicable
State laws and remains affordable for the longest feasible time.
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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
Ten Thousand Dollars ($10,000.00).
e) All affordable units shall meet the criteria of all California Health
and Safety Code statutes and implementing regulations pertaining
to for-sale affordable housing units so as to qualify as newly
affordable to low income households and to satisfy a portion of the
City's RHNA obligation. The affordable units required by this
Agreement are consideration for City's entry into this Agreement
and therefor none of the affordable units shall duplicate or
substitute for the affordable housing requirement of any other
developer or development project. All subsequent approvals
required of City under this Subsection 6.13 shall be made at City's
sole discretion. If any conflict exists between this Agreement and
the Affordable Housing Agreement required by and negotiated
pursuant to this Agreement or the conditions of approval for Vesting
Tentative Tract Map No. 5882 and/or RPD No. 2016-01, then the
Affordable Housing Agreement shall prevail.
f) In the event the monthly HOA fees exceed Two Hundred Dollars
200.00), Developer shall deposit One Hundred Twenty Dollars
120.00) for each dollar or portion thereof of the monthly HOA fees
that are in excess of Two Hundred Dollars ($200.00) into a City
administered trust account to assist with future HOA fees for each
affected affordable unit.
g) The Affordable Sales Price for low-income buyers shall not exceed
affordable housing cost, as defined in Sec. 50052.5( b) ( 3) of
California Health and Safety Code. Section 50052.5(h) of the
California Health and Safety Code provides that an appropriate
household size in terms of determining purchase price, is one more
person than the number of bedrooms. This means that the pricing
for a four (4) bedroom unit will be based on a household of five (5)
regardless of the actual size of the household purchasing the unit.
For example, the monthly " affordable housing cost" for a four (4)
bedroom unit would be 30% times 70% of the current median
income for a household of five (5) in Ventura County, divided by
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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 would be for a four (4) bedroom unit under current
market conditions, based upon the following assumptions:
Low Income Buyer
Item Detail
Amount
4 Bedroom
Affordable Sale
212,750
Price
Down Payment
5% of Affordable
10,638
Sales Price
Affordable Sales
P
Loan Amount Price less Down 202,113
payment
Interest Rate 4.50%
Monthly 1.25% of Initial
222
Property Tax Purchase Price
LMD Not Currently N/A
HOA 200
Fire Insurance 60
Maintenance 30
Utilities 180
h) The assumptions associated with the above purchase price figures
for low income households include a 5% down payment, based on
Affordable Sales Price of Two Hundred Twelve Thousand Seven
Hundred Fifty Dollars ($212,750.00) for a four (4) bedroom unit,
mortgage interest rate of 4.50%, no mortgage insurance, property
tax rate of 1.25%, based on Affordable Sales Price, homeowners'
association dues of Two Hundred Dollars ($200.00) per month, fire
insurance of Sixty Dollars ($60.00) per month, maintenance costs
of Thirty Dollars ($30.00) per month, and utilities of One Hundred
Eighty Dollars ($180.00) per month for a four(4) bedroom unit.
i) Developer acknowledges that changes in market conditions may
result in changes to the Affordable Sales Price, down payment
amounts, mortgage interest rates, and other factors for both low
income and very low income buyers. Furthermore, if "affordable
housing cost', as defined in Section 50052.5 of California Health
and Safety Code, should change in the future, the above guidelines
will be modified. The Affordable Housing Purchase and Sale
Agreement negotiated pursuant to this Agreement shall address
this potential change.
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Developer acknowledges that amounts listed in the "Low Income
Buyer" table in Subsection 6.13(g), above, are for illustration
purposes only and are subject to change.
j) In the event the City, at its sole discretion purchases one or more of
the units from Developer in lieu of a qualified buyer, the Affordable
Sales Price shall be based on a household size appropriate to the
number of bedrooms in the unit being purchased by the City,
consistent with all requirements of this Subsection 6.13. Developer
agrees that, pursuant to City's rights under this Agreement and/or
the Affordable Housing Agreement and prior to and upon the sale
of a required unit to a qualified buyer (or City in lieu of a qualified
buyer as determined by City at its sole discretion), City may at its
sole discretion take any actions and impose any conditions on said
sale or subsequent sale of the unit to ensure ongoing affordability
to low income households and related matters. After the sale of a
housing unit by Developer to a qualified buyer (or City in lieu of a
qualified buyer as determined by City at its sole discretion), City,
not Developer, shall have sole responsibility for approving any
subsequent sale of that housing unit.
k) Developer agrees that City shall be responsible at its sole
discretion for marketing the affordable units, selecting and
qualifying eligible buyers for these units, and overseeing the escrow
processes to sell the affordable units to low income households,
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
collectively Affordability Documents) 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. Developer further agrees that the difference between
the Affordable Sales Price (as referenced in this Agreement) paid
by a qualified buyer and the fair market value shall be retained by
City as a second deed of trust.
I) Developer shall pay closing costs for each affordable unit, not to
exceed Eight Thousand Dollars ($8,000.00). Beginning January 1,
2019 and on January 1st for each year thereafter, the maximum
Eight Thousand Dollars ($8,000.00) to be paid for closing costs
shall be increased annually by any percentage increase in the
Consumer Price Index (CPI) for All Urban Consumers for Los
Angeles/Riverside/Orange County 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
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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
buyer, 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
options provided to buyers of market rate units shall be provided to
City or buyer(s) of the affordable units, including but not limited to
color and style choices for carpeting and other floor coverings,
counter tops, roofing materials, exterior stucco and trim of any type,
fixtures, and other decorative items.
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.
p) Developer agrees to provide the same amenities for the affordable
units (purchased by a low income buyer or City) as those amenities
that are provided for the market rate units. The amenities shall
include but not be limited to concrete roof tiles; air
conditioning/central heating; garage door opener; fireplaces;
washer/dryer hook-ups; garbage disposal; built-in dishwasher,
stove, oven and microwave; windows; wood cabinets; shelving;
counter-tops; floor coverings; window coverings; electrical outlets,
lighting fixtures and other electrical items; plumbing fixtures
including sinks, bathtubs and showers; and door and cabinet
hardware, and shall all be of the same quality and quantity as
provided in the Project's market rate units as determined by the
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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 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 a
qualified low income buyer, all requirements of the buyer, including,
but not limited to, completion of a City approved homebuyer
education training workshop, and City approved documents for the
transaction, including a promissory note, deed of trust, and resale
restriction agreement and option to purchase (the "Affordability
Document"), 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 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 280th 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, title and
other services relevant to the purchase transactions for the
affordable units unless approved in writing by the City Council.
Cathay Bank is not considered an affiliate of Developer.
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
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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 the 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. In addition if a
qualified low income buyer has not been identified at the time
Developer receives the final inspection approval for an affordable
unit, Developer may continue to obtain building permits and final
inspection approvals for other residential units in the Project so long
as Developer is in full compliance with this Agreement, the
Affordable Housing Agreement, Subsequent Approvals and
requirements for obtaining building permits. Developer and City
agree to use their best efforts to complete the close of escrow
within forty-five (45) days of the final inspection approval of an
affordable unit.
v) Developer shall satisfy all mechanic's, laborer's, material man's,
supplier's, or vendor's liens and any construction loan or other
financing affecting any unit or lot in the Project which has been
designated for an affordable unit, before the close of escrow for that
affordable unit.
w) Developer agrees that the required construction of the low income
affordable units must receive final inspection approval by Developer
on terms consistent with this Agreement and the Affordable
Housing Agreement as specified in the following schedule:
Prior to of Low
Occupancy of Income Units
60th Unit 6
120th Unit 7
170th Unit 4
220th Unit 6
270th Unit 2
Total 25
x) The required affordable units within the Project shall be located on
unit (may also be referred to as pad or lot) numbers 2, 4, 6, 17, 20,
27, 39, 41, 43, 47, 54, 62, 78, 82, 84, 86, 95, 99, 102, 105, 109,
111, 113, 117, and 128 as shown on the approved Conceptual Site
Plan exhibit as part of RPD Permit No. 2016-01. The City Manager
or the City Manager's designee may approve different unit numbers
within the Project so long as the unit contains no less than 1,433
square feet.
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y) Developer shall provide the initial buyer of each Completed Unit in
the Project a disclosure that the Project includes twenty-five (25)
residential dwelling units that will be sold to qualified low income
households. The disclosures shall also state that these twenty-five
25) residential dwelling units have deed restrictions recorded on
their title that restrict the re-sale of these units only to qualified low
income buyers. The form and language of the disclosure shall be
approved by the City Attorney and Community Development
Director and shall conform to all requirements of the applicable
State agencies pertaining to real estate disclosures.
z) Concurrently with and subject to the City's payment to CLP of the
Purchase Price for the City Site pursuant to Subsection 6.14 and
the Purchase and Sale Agreement (as those terms are defined in
Subsection 6.14, Developer shall pay City a one-time fee in the
amount of One Million Five Hundred Thousand Dollars
1,500,000.00) or the appraised fair market value of the City Site,
as defined in Subsection 6. 14, whichever is less, in lieu of providing
seventeen (17) residential units for very low income households.
6.14 Conveyance to City of City Site.
a) CLP agrees to convey to City for the purchase price of One Million
Five Hundred Thousand Dollars ($1,500,000.00) or the appraised
fair market value whichever is less, (the "Purchase Price") an
approximate 1.6 acre parcel of land more particularly described in
Exhibit "B" attached hereto and incorporated by reference (the "City
Site") in accordance with and subject to the terms of a Purchase
and Sale Agreement.
Developer at its sole cost shall provide a fair market value,
appraisal of the City Site. Developer may select the appraiser but
the scope of the work for the appraisal shall be submitted to City for
review and written approval by the City Manager or designee prior
to initiation of the appraisal work.
b) CLP shall execute and deliver the Purchase and Sale Agreement
for the City Site prior to approval of the first final map for the Project
provided, however, that the Final Approval of the Project Approvals
and this Agreement shall be conditions precedent to the
effectiveness of the Purchase and Sale Agreement. The close of
escrow under the Purchase and Sale Agreement shall occur after
the City's final approval of all items required in 6.14(e), below. For
the purposes of this Agreement, "Final Approval" means when all of
the following have occurred: (i) the City shall have approved the
Project Approval and this Agreement; and (ii) the time periods for
filing any appeal from or legal challenge to the Project Approvals
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and this Agreement shall have expired without an appeal or legal
challenge (including, without limitation, any CEQA challenge)
having been filed; or, if an appeal or other legal challenge shall
have been filed, all such appeals or legal challenges shall have
been subsequently terminated with the approval of the Project
Approvals and this Agreement upheld, and the time period(s) for
filing any appeal(s) from the upheld decision(s) shall have expired
without further appeals having been filed.
c) Upon its conveyance to the City, the City Site may be used for any
residential, institutional or public use at City's sole discretion.
d) Developer hereby represents and warrants that: (i) the City Site will
be delivered free of all liens, and free of all other encumbrances
that could materially and adversely affect the use of the City Site for
the development or operation of low income housing; and (ii) to
Developer's knowledge, the City Site does not contain any
hazardous materials. The Purchase and Sale Agreement shall
contain representations by CLP consistent with the foregoing,
which will survive the closing under the Purchase and Sale
Agreement, and if not accurate in any material respect, shall
constitute a default by Developer under this Agreement.
e) Developer at its sole cost shall cause the City Site Improvements to
be completed prior to the issuance of the first residential building
permit (excluding models) for the Project. For purposes of this
Agreement, the term "City Site Improvements" means the following:
1) sheet grading of the City Site to provide an approximate 2%
crossfall from north to south and all grading shall be in
compliance with all National Pollutant Discharge Elimination
System (NPDES) Best Management Practices and other
requirements;
2) obtain a Letter of Map Revision based on Fill (LOMR-F) for the
City Site and meet all Federal Emergency Management Agency
FEMA) related requirements;
3) grading shall incorporate all requirements from a geotechnical
soils report including seismic and potential liquefaction issues
so that no over-excavation of the City Site will be needed when
one or more buildings are constructed on the City Site for the
planned multi-family residential project;
4) street improvements on Leta Yancy Road including curb, gutter,
sidewalk, street lights and water stubout;
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5) an eight foot (8') tan slumpstone block wall along the western
boundary of the City Site; in addition if determined necessary by
the City Engineer and Community Development Director a solid
tan slumpstone block wall or combination of tan slumpstone
block wall with pilasters and wrought iron along the southern
property line of the City Site; and
6) any slopes along the west and north boundaries of the City Site
that are created in the course of the Developer's City Site
Improvements shall be placed on the Property or eliminated by
use of retaining walls.
Notwithstanding any provision of the Agreement to the contrary, the
City Site Improvements shall not include and Developer shall not be
responsible for the installation or the cost to install any sewer or
storm drain facilities to serve City Site or for the payment of any
utility connection fees for the City Site.
All City Site Improvements shall be in compliance with all City
standards and policies and workmanlike manner to the satisfaction
of the City Engineer and Community Development Director.
Developer will defend, indemnify and hold City harmless from and
against any and all claims, liabilities, losses, damages, costs and
expenses arising from any activity by Developer or its contractors
on the City Site.
f) Developer shall provide the initial buyer of each Completed Unit in
the Project a disclosure that the adjacent approximate 1.6 acre
parcel site (City Site) will be transferred to the City for the purpose
of building approximately a forty (40) unit multi-family residential
project for low and very low income households. The disclosure
shall also state that the City may at its sole and unfettered
discretion transfer the site to a third party to construct the
referenced forty (40) unit project. Developer shall also include a
requirement in the Covenants, Conditions and Restrictions
CC&Rs) that at the time of any future sale of the Completed Unit
by the initial buyer and all subsequent sellers, such sellers are
obligated to disclose this same information to the buyer when they
sell the Completed Unit. 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.
Within thirty (30). days of selling a Completed Unit, Developer shall
submit a fully executed copy of the disclosure form signed by the
initial buyer to the Community Development Director and City
Manager.
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Prior to issuance of the first building permit for a residential dwelling
unit in the Project, Developer shall post two (2) signs on the City
Site to inform the general public and potential buyers of the
Completed Units in the Project that the City Site as a multi-family
residential project for lower income households is planned. The
locations, size, material and wording of the signs shall be approved
by the City Attorney and Community Development Director.
Developer shall maintain the signs in good condition until thirty (30)
day after the sale of the last Completed Unit of the Project. The
City will become responsible for the signs thereafter.
6. 15 Annual Review Procedures. Developer agrees to comply with Section
15.40.150 of the Moorpark Municipal Code and any provision amendatory
or supplementary thereto for annual review of this Agreement and further
agrees that the annual review shall include evaluation of its compliance
with the approved MND and MMRP.
6.16 Eminent Domain. Developer agrees that any election to acquire property
by eminent domain shall be at City's sole discretion, and only after
compliance with all legally required procedures including but not limited to
a hearing on a proposed resolution of necessity.
6. 17 Street Improvement Standards. The street improvements for all streets
scheduled for dedication to the City shall be designed and constructed by
Developer to provide for a 50-year life as determined by the City Engineer.
6.18 Implementation Plan. Prior to the submittal of an application for any
subdivision, or any other development project or entitlement application,
Developer shall submit and gain approval from City Council a plan to
guarantee the Developer agreements 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.
6.19 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 Subsection
6.3, 6.4, 6.8 and Subsection 6.26 of this Agreement are not public
improvement fees collected pursuant to Government Code Section 66006
and statutes amendatory or supplementary thereto.
6.20 CPI Indexes. In the event the "CPI" referred to in Subsections 6.3, 6.6,
6.7, 6.8 and 6.14 (I), or the Bid Price Index referred to in Subsections 6.4,
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6.7 and 6.26 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.
6.21 Proposed Mello-Roos Community Facilities District. Developer agrees
that if a Mello-Roos Community Facilities District (CFD) is proposed to be
formed consistent with Subsection 7.3 of this Agreement, Developer shall
submit the required deposit and reimbursement agreement to fund all City
costs associated with the proposed CFD formation. Developer also
agrees that the City Council upon the conclusion of the public hearing
required by applicable law and in its sole and unfettered discretion may
abandon establishment of the CFD.
Developer agrees that any CFD bond proceeds in the Project
Improvement Fund in excess of the amount required to fund authorized
costs, including any City and CFD consultant costs associated with the
redemption of bonds shall be applied to redeem a portion of the bonds,
consistent with applicable provisions of State and Federal laws and
regulations.
Developer also agrees that if a CFD is authorized, the CFD may include
on-going annual special taxes for services provided to the Project.
Developer agrees that it shall prepay all special taxes levied, or which may
be levied in the future (except special taxes for on-going services), as part
of the CFD or any successor or any additional CFD prior to the sale of any
of the affordable units to the City or qualified buyer. The intent of this
subsection is that the owners of the affordable units shall at no time have
any obligations to make any special tax payments to or for the benefit of
the CFD or its bondholders (except special taxes for services).
Developer further acknowledges and agrees that the City Council shall
determine the total amount of CFD bonds to be sold and the amount
Developer may receive as reimbursement from the proceeds of the CFD
bonds.
If a CFD is authorized and formed, Developer shall include a disclosure to
the initial third party buyer of each residential dwelling unit in the Project.
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
disclosure. Developer shall also include a requirement in the CC&Rs that
at the time of any future sale of the Completed Unit by the initial buyer and
all subsequent sellers, such sellers are obligated to disclose this same
information to the buyer when they sell the Completed Unit. Within thirty
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30) days of selling a Completed Unit, Developer shall submit a fully
executed copy of the disclosure form signed by the initial buyer to the
Community Development Director and City Manager. In the event a CFD
is formed for the Project and prior to issuance of the first building permit
for a residential unit in the Project, Developer shall post a sign at each
public entrance (one on Los Angeles Avenue and one on Leta Yancy
Drive) to the Project, to inform the general public and potential buyers of
Completed Units in the Project that the Project is subject to a CFD for
special taxes. The locations, size and wording of the signs shall be
approved by the City Attorney and Community Development Director.
Developer shall maintain the signs in good condition until thirty (30) days
after the sale of the last Completed Unit for the Project at which time
Developer shall remove the signs.
6.22 Los Angeles Avenue Traffic Signal. If directed by the City Council and
approved by Caltrans, Developer agrees at it sole cost and expense to
install a traffic signal at the intersection of Los Angeles Avenue (SR118)
and Shasta Avenue/Project entrance. Final design, plans and
specifications shall be as approved by the City Council and Caltrans and
shall include an interconnect system. Developer shall also pay City's
actual costs for project management, plan check and inspection.
6.23 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
2016-01 and ZC 2016-01.
6.24 Prior Development Agreement and Residential Planned Development
Permit. Developer agrees that by the Enabling Ordinance approving this
Agreement, the City's previous approval of Development Agreement No.
1998-02 Pursuant to Ordinance No. 257 is rescinded and that rescission
will take effect upon the Operative Date. Developer further agrees that the
approval of Residential Planned Development Permit Nos. 1996-01 and
1999-04 for the Property, approved by the City Council by Resolution Nos.
99-1621 and 2000-1783 have expired due to lack of Project inauguration
by Developer and that Developer will not seek final map approval for
Tentative Tract Map Nos. 5053 and 5204.
6.25 Homeowners Association. Prior to recordation of the first final map for the
Property, if required by City at its sole discretion, Developer shall form one
or more property owner associations to assume ownership and
maintenance of private recreation, private streets, parking lots, landscape
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areas, flood control and NPDES facilities and other amenities within the
Project. The obligation of said Homeowners Associations shall be more
specifically defined in the conditions of approval of the first tentative tract
or parcel map for the property.
6.26 Los Angeles Avenue Improvements. Developer agrees to pay City Two
Million Fifteen Thousand One Hundred Fourteen Dollars ($2,015,114.00)
to reimburse City for the cost of the improvements to Los Angeles Avenue
along the frontage of the Project less One Hundred Thousand Dollars
100,000.00) previously paid by Developer to City for improvements to
Los Angeles Avenue. The net payment to City of One Million Nine
Hundred Fifteen Thousand One Hundred Fourteen Dollars
1,915,114.00) shall be referred to as the Los Angeles Avenue
Reimbursement Payment which shall be paid in the amount of Six
Thousand Seven Hundred Forty-Four Dollars ($6,744.00), hereinafter
referred to as Reimbursement Fee, prior to the issuance of a building
permit for each residential dwelling unit in the Project.
The Reimbursement Fee shall be adjusted annually commencing January
1, 2019 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.
Notwithstanding the foregoing provision of this Subsection 6.26, in the
event a CFD as described in Subsections 6.21 and 7.3 of this Agreement
is formed and bonds sold, Developer shall cooperate in good faith with the
City to facilitate payment of the Los Angeles Avenue Reimbursement
Payment from the proceeds of the CFD.
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
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Developer including any land which is outside City's legal boundaries.
The process shall generally follow Government Code Section 66462.5 et
seq. and shall include the obligation of Developer to enter into an
agreement with City, guaranteed by cash deposits and other security as
the City may require, to pay all City costs including but not limited to,
acquisition of the interest, attorney fees, appraisal fees, engineering fees,
City staff costs, and City overhead expenses of 15% on all out-of-pocket
costs.
7.3 Proposed Mello-Roos Community Facilities District. City agrees that upon
receipt of a landowner' petition by Developer and Developer's payment of
a deposit of fifteen thousand ($15,000.00) and agreement to reimburse all
City costs related to processing of the proposed Mello-Roos Community
Facilities District (CFD), as prescribed in the applicable sections of the
California Government Code, City shall commence proceedings to form
CFD) and to incur bonded indebtedness to finance all or portions of the
development fees, public facilities, infrastructure and services that are
required by the Project and that may be provided pursuant to the Mello-
Roos Community Facilities Act of 1982 (the "ACT"); provided, however,
the City Council, in its sole and unfettered discretion, may abandon
establishment of the CFD upon the conclusion of the public hearing
required by the applicable section of the California Government Code. In
the event that a CFD is formed, the special tax levied against any
residential lot or residence thereon shall afford the buyer the option to
prepay the special tax (except for special taxes for on-going services) in
full prior to the close of escrow on the initial sale of the developed lot by
the builder of the residence. All on-going costs for City to administer the
CFD shall be included in the costs to be paid by the CFD.
If a CFD is formed and bonds sold, to the extent permitted by applicable
law as determined by bond counsel the Developer may be reimbursed for
costs advanced or paid by Developer for CFD formation and related
proceedings.
7.4 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.
7.5 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of
this Agreement meets all of Developer's obligations under applicable law
for park land dedication.
7.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees. City agrees
that Developer previously paid the LAAOC fee for eighty-seven (87)
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residential dwelling units in the amount of Two Hundred Forty-One
Thousand One Hundred Thirty-Five Dollars and Twenty-Nine Cents
241,135.29) on August 3, 2001 and said payment satisfies the LAAOC
fee obligation for the first eighty-seven (87) residential units of the Project.
7.7 Reimbursements from other Developments. City shall facilitate the
reimbursement to Developer of any costs incurred by Developer that may
be subject to partial reimbursement from other developers as a condition
of approval of a tract map, development permit or development agreement
with one or more other developers and at City's discretion may include
provisions requiring such reimbursement to Developer for the same in
such other development project conditions of approval.
7.8 Early Grading Agreement. The City Manager is authorized to sign an
early grading agreement on behalf of the City to allow rough grading of the
Project prior to City Council approval of a final subdivision map. Said
early grading agreement shall be consistent with the conditions of the
Project approved tentative map and contingent on City Engineer and
Director of Community Development acceptance of a performance bond in
a form and amount satisfactory to them to guarantee implementation of
the erosion control plan and completion of the rough grading; construction
of on-site and off-site improvements consistent with the City Council
approved Project and Tentative Map. In the case of failure to comply with
the terms and conditions of the early grading agreement, the City Council
may by resolution declare the surety forfeited.
7.9 Acquisition by City of City Site. Provided Developer shall have duly
executed and delivered the Purchase and Sale Agreement to City, City
shall enter into the Purchase and Sale Agreement to acquire the City Site.
7.10 Prior Development Agreement and Residential Planned Development
Permit. City agrees that the previous Development Agreement No. 1998-
02 for the Property, approved by the City Council by Ordinance No. 257
are both rescinded upon the Operative Date of this Agreement. City
further agrees that the approval of Residential Planned Development
Permit No. 1996-01 and 1999-04 approved by the City Council have
expired due to lack of Project inauguration by Developer.
7.11 Affordable Housing. City agrees for purposes of Subsection 6.13(t) of this
Agreement that Cathay Bank is not considered an affiliate of Developer.
City at its sole discretion may select lenders, escrow, title and other
service providers for the sale of the affordable units in the Project.
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
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comply with such state or federal law or regulation, as reasonably determined
necessary by City.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be
reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40.
of City or any successor thereof then in effect. The failure of City to conduct any
such annual review shall not, in any manner, constitute a breach of this
Agreement by City, diminish, impede, or abrogate the obligations of Developer
hereunder or render this Agreement invalid or void. At the same time as the
referenced annual review, City shall also review Developer's compliance with the
MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of "Excusable Delay",
as hereinafter defined, provided that the Party claiming the delay gives written
notice of the delay to the other Parties as soon as possible after the same has
been ascertained. For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the
delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d)
strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f)
damage to work in progress by reason of fire, flood, earthquake or other
casualty; (g) failure, delay or inability of City or other local government entity to
provide adequate levels of public services, facilities or infrastructure to the
Property including, by way of example only, the lack of water to serve any portion
of the Property due to drought; (h) delay caused by a delay by other third party
entities which are required to approve plans or documents for Developer to
construct the Project, or restrictions imposed or mandated by such other third
party entities or governmental entities other than City, (including but not limited
to, Ventura County Watershed Protection District); or (i) litigation brought by a
third party attacking the validity of this Agreement, a Project Approval, a
Subsequent Approval or any other action necessary for development of the
Project.
11. Default Provisions.
11.1 Default by Developer. The Developer shall be deemed to have breached
this Agreement if it:
a) practices, or attempts to practice, any fraud or deceit upon City; or
willfully violates any order, ruling or decision of any regulatory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or
decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be deemed to have
occurred unless and until there is a final adjudication adverse to
Developer; or
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b) fails to make any payments required under this Agreement within
five (5) business days after City gives written notice to Developer
that the same is due and payable; or
c) breaches any of the other provisions of this Agreement and fails to
cure the same within thirty (30) days after City gives written notice
to Developer of such breach (or, if the breach is not able to be
cured within such thirty (30) day period, Developer fails to start to
cure the same within thirty (30) days after delivery of written notice
by City of such breach or fails to thereafter diligently prosecute the
cure to completion).
11.2 Default by City. City shall be in breach of this Agreement if it breaches
any of the provisions of this Agreement and fails to cure the breach within
thirty (30) days after Developer gives written notice to City of the breach
or, if the breach is not able to be cured within such thirty (30) day period,
City fails to start to cure the same within thirty (30) days after delivery of
written notice from Developer of such breach or fails to thereafter diligently
prosecute the cure to completion).
11.3 Content of Notice of Violation. Every notice of breach shall state with
specificity that it is given pursuant to this section of this Agreement, the
nature of the alleged breach, and the manner in which the breach may be
satisfactorily cured. Every notice shall state the applicable period to cure.
The notices shall be given in accordance with Section 20 hereof.
11.4 Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope
of the Project. The Parties also acknowledge that it would not be feasible
of possible to restore the Property to its natural condition once
implementation of the Agreement has begun. Therefore, the Parties
agree that the remedies for breach of this Agreement shall be limited to
the remedies expressly set forth in this subsection.
The remedies for breach of the Agreement by the City shall be injunctive
relief and/or specific performance.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is of
Subsection 6. 13 or 6. 14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
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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.
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
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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 acknowledges that a certificate may be relied upon by
successors in interest to the Developer who requested the certificate and by
holders of record of deeds of trust on the portion of the Property in which that
Developer has a legal interest.
14. Administration of Agreement. Any consent or approval herein to be given by the
City may be given by the City Manager provided it is express and is in writing.
Any decision by City staff concerning the interpretation and administration of this
Agreement and development of the Property in accordance herewith may be
appealed by the Developer to the City Council, provided that any such appeal
shall be filed with the City Clerk of City within ten (10) days after the affected
Developer receives written notice of the staff decision. The City Council shall
render its decision to affirm, reverse or modify the staff decision within thirty (30)
days after the appeal was filed. The Developer shall not seek judicial review of
any staff decision without first having exhausted its remedies pursuant to this
section.
15. Amendment or Termination by Mutual Consent. In accordance with the
provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any
successor thereof then in effect, this Agreement may be amended or terminated,
in whole or in part, by mutual consent of City and the affected Developer.
15.1 Exemption for Amendments of Project Approvals. No amendment to a
Project Approval or Subsequent Approvals shall require an amendment to
this Agreement and any such amendment shall be deemed to be
incorporated into this Agreement at the time that the amendment becomes
effective, provided that the amendment is consistent with this Agreement
and does not alter the permitted uses, density, intensity, maximum height,
size of buildings or reservations and dedications as contained in the
Project Approvals or Subsequent Approvals.
16. Developer Indemnification. Developer shall indemnify, defend with counsel
approved by City, and hold harmless City and its officers, employees and agents
from and against any and all losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or resulting in any way
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from, Developer's performance pursuant to this Agreement including, but not
limited to, Developer's construction of the Project on the Property and
construction of improvements on the City Site and any injury sustained by any
person in connection with the construction or partial construction of buildings and
improvements on the Property and City Site.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action
or proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, the environmental documents prepared and approved in
connection with the approval of the Project, or any Project Approval or
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 1.5 above, this Agreement shall
become operative on the Operative Date, being the date the Enabling Ordinance
becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of twenty
20) years commencing on the Operative Date or until one year after the
issuance of the final building permit for occupancy of the last unit of the Project
whichever occurs 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) Subsection
6.23 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 "C" attached hereto and incorporated herein.
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Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents
referenced herein contain the entire agreement between the Parties regarding
the subject matter hereof, and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended,
except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision, whether or not similar; nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a duly authorized
representative of the Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as
an agent of any of the other Parties in any respect. Nothing contained herein or
in any document executed in connection herewith shall be construed as creating
the relationship of partners, joint ventures or any other association of any kind or
nature between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole benefit of the Parties and their successors in interest. No other person shall
have any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any
amendment thereof shall be recorded with the County Recorder of the County of
Ventura by the City Clerk of City within the period required by Chapter 15.40 of
the Moorpark Municipal Code of City or any successor thereof then in effect.
27. Cooperation Between City and Developer. City and Developer shall execute
and deliver to the other all such other and further instruments and documents as
may be necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they
shall not constitute a part of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this Agreement be
found to be in conflict with any provision of the Purchase and Sale Agreement,
the Project Approvals or the Subsequent Approvals, the provision of this
Agreement shall prevail.
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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.
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IN WITNESS WHEREOF, the Parties have executed this Development
Agreement effective as of the Operative Date.
CITY OF MOORPARK
Jan ce S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
MP GROUP, LLC,
a California limited liability company
By: Pacific Housing, LLC, Manager
By: e
Christine Chung, Manager a
MOORPARK HOMES, LLC,
a California limited liability company
By: Pacific Communities Builder, Inc., Manager
By:C /
Nelson g, President
CLP INVES MENT, LLC,
a California limited liability company
By: e
Christine Chung, Manager
35-
46
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of OYYt
On R 2r/2 n rraft. No-k a 1N0 / l before me, ' ( V
Dateni Here Insert N me and le of the icer
personally appeared Cr151/4C (If 07/d MS)n
Ti%
la t
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
STEFANIE N.
WITNESS my hand and official seal.d lotary Public-
CaliforniaCORRAL
ti's ' ? Orange CountyZ x`1y% Commigsion 2151875 '
M Comm.Ex fires May 2,2020 Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — Limited LI General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
47
V
PPK Cq c
Zik9 CITY OF MOORPARK
o-V
ifftess
T 799 Moorpark Avenue,Moorpark,California 93021 I Phone(805)517-6200 I Fax(805)532-2205
404
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
On this 4th day of October in the year 2017, before me, Maureen Benson, City Clerk of
the City of Moorpark, personally appeared Janice S. Parvin, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
who is personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity as
the Mayor of the City of Moorpark, and that by her signature on the instrument, acknowledged
to me that the City executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and Official Seal t
Maureen Benson 4`j*': ; w
CityClerk 2--/'''' . :•,,.'
s
7
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMONS MARK VAN DAM
Mayor Councilmember Councilmember Councilmember Councilmember
48
Order Number: NHSC-5540106 (tc)
Page Number: 11
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Moorpark, County of Ventura, State of California, described as follows:
PARCEL 1: (APN: 506-0-030-255)
THAT PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, BEING ALSO
THE NORTHERLY LINE OF SAID LOT K, DISTANT ALONG SAID CENTERLINE WEST 1164.74 FEET FROM
THE NORTHEASTERLY CORNER OF SAID LOT K,THE NORTHWESTERLY CORNER OF THE LAND
DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER 29, 1954 IN
BOOK 1230, PAGE 465 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE,
1ST: WEST 526.46 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LAND OF APOLONIO
R. CORONADO AND THE SOUTHERLY PROLONGATION THEREOF,
2ND: SOUTH 1278.52 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT K; THENCE ALONG THE
SOUTHEASTERLY AND SOUTHERLY LINE OF SAID LOT K BY THE FOLLOWING TWO COURSES,
3RD: NORTH 24° 00' EAST 571.36 FEET TO AN ANGLE POINT; THENCE,
4TH: EAST 294.07 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND OF APOLONIO R.
CORONADO; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND,
5TH: NORTH 756.55 FEET TO THE POINT OF BEGINNING.
EXCEPT THE INTEREST IN THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, AS
CONVEYED TO VENTURA COUNTY, BY DEED DATED APRIL 6, 1889, RECORDED IN BOOK 28, PAGE 190
OF DEEDS.
ALSO EXCEPT 50 PERCENT OF ALL OIL, GAS AND MINERAL RIGHTS, AS RESERVED BY APOLONIO R.
CORONADO, ET AL., IN DEED RECORDED DECEMBER 8, 1955 IN BOOK 1358, PAGE 533 OF OFFICIAL
RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
PARCEL 2: (APN: 506-0-030-205)
PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET
First American Title
36
49
Order Number: NHSC-5540106 (tc)
Page Number: 12
MEASURED ALONG SAID CENTERLINE FROM THE NORTHEAST CORNER OF SAID LOT K; THENCE,
1ST: SOUTH 00° 02' 05"WEST 59.00 FEET TO THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE,
2ND: SOUTH 00° 02' 05" WEST 774.21 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT K;
THENCE,
3RD: NORTH 65° 57' 10" WEST 188.46 FEET ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT
THEREIN; THENCE,
4TH: NORTH 89° 57' 10" WEST 577.79 FEET, MORE OR LESS,TO THE SOUTHWESTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO APOLONIO R. CORONADO AND WIFE, RECORDED OCTOBER
29, 1954 IN BOOK 1239, PAGE 465 OF OFFICIAL RECORDS; THENCE,
5TH: NORTH 00° 02' 49" EAST 697.56 FEET TO A POINT IN THE SOUTHERLY R/W LINE OF LOS
ANGELES AVENUE; THENCE,
6TH: SOUTH 89° 57' 10" EAST ALONG SAID SOUTHERLY R/W, 749.79 FEET TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM, ONE-HALF OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES, BUT WITHOUT THE RIGHT OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET BELOW
THE SURFACE OF SAID LAND, AS RESERVED BY APOLONIO R. CORONADO AND LADISLADA T.
CORONADO, IN DEED RECORDED MAY 11, 1954 IN BOOK 2538, PAGE 353 OF OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
ALSO EXCEPT THE INTEREST IN SAID LAND EXCEPTED IN THE FOLLOWING DEEDS:
DEED FROM APOLONIO R. CORONADO AND LADISLADA CORONADO, HUSBAND AND WIFE, RECORDED
NOVEMBER 23, 1955 IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL
OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES.
DEED FROM NEIL A. MAHONY AND MARY L. MAHONY, HUSBAND AND WIFE, RECORDED APRIL 21, 1960
IN BOOK 1859, PAGE 78 OF OFFICIAL RECORDS, WHICH EXCEPTS 50% OF ALL OIL, GAS, MINERAL
AND OTHER HYDROCARBON SUBSTANCES.
PARCEL 3: (APN: 506-0-030-180)
THAT PORTION OF SUBDIVISION "M" OF THE RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA,AS PER MAP THEREOF RECORDED IN BOOK 3, PAGE 7 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID SUBDIVISION "M", WITH
THE CENTERLINE OF THE STRIP OF LAND, 160 FEET WIDE, DESCRIBED IN THE EASEMENT FROM
LIBERTY BELL RANCH TO VENTURA COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1392,
PAGE 391 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE,
1ST: NORTH 24° 00' EAST 471.37 FEET ALONG SAID NORTHWESTERLY LINE TO AN ANGLE POINT
THEREIN;THENCE CONTINUING ALONG A NORTHERLY LINE,
First American Title
37
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Order Number: NHSC-5540106 (tc)
Page Number: 13
2ND: EAST 409.22 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO NEIL
A. MAHONY AND MARY L. MAHONY, RECORDED IN BOOK 1354, PAGE 450 OF OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID LAST MENTIONED DEED,
3RD: SOUTH 150.91 FEET TO THE CURVED CENTERLINE OF SAID STRIP OF LAND, A RADIAL LINE
BEARS NORTH 18° 14' 55" WEST; THENCE ALONG SAID CENTERLINE, BEING A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1,000 FEET,
4TH: WESTERLY 129.83 FEET THROUGH A CENTRAL ANGLE OF 7° 26' 20"; THENCE TANGENT TO SAID
CURVE,
5TH: SOUTH 64° 18' 45" WEST 533.33 FEET TO THE POINT OF BEGINNING.
PARCEL 4: (APN: 506-0-030-245)
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO 2000-12, AS EVIDENCED BY DOCUMENT
RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 2001-0013825 OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF
VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE
NORTHWESTERLY CORNER OF SAID LOT K; THENCE,
ALONG SAID CENTERLINE, EAST 306.62 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED
IN THE DEED TO ARTHUR BARON AND WIFE, RECORDED DECEMBER 8, 1953 IN BOOK 1358, PAGE 533
OF OFFICIAL RECORDS; THENCE,
ALONG THE WEST LINE OF SAID LAND OF BARON, SOUTH 1,278.52 FEET TO THE SOUTHEASTERLY
LINE OF SAID LOT K, SHOWN ON SAID MAP AS "NORTH 24° EAST 11.32"; THENCE,
ALONG SAID SOUTHEASTERLY LINE, SOUTH 24° WEST 176.17 FEET TO THE SOUTHWESTERLY
TERMINUS OF SAID SOUTHEASTERLY LINE; THENCE,
ALONG THE SOUTHERLY LINE OF SAID LOT K, SHOWN ON SAID MAP AS "EAST 3.56", WEST 234.96
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT K; THENCE
ALONG THE WESTERLY LINE OF SAID LOT K, NORTH 1,439.46 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHEASTERLY
LINE OF THAT CERTAIN EASEMENT 160 FEET WIDE AS DESCRIBED IN THE DEED TO THE VENTURA
COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 30, 1956 IN BOOK 1392, PAGE 456 OF
OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION THEREOF LYING WITHIN LOS ANGELES AVENUE, 60 FEET WIDE, AS
CONVEYED TO VENTURA COUNTY, AS A PUBLIC HIGHWAY, BY DEED DATED APRIL 6, 1889 RECORDED
IN BOOK 28, PAGE 190 OF DEEDS.
ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET THEREOF, AS DESCRIBED IN LOT LINE
ADJUSTMENT NOS. 2000-01 TO 2000-11, RECORDED JANUARY 23, 2001 AS INSTRUMENT NO. 01-
0013825 OF OFFICIAL RECORDS.
First American Title
38
51
Order Number: NHSC-5540106 (tc)
Page Number: 14
ALSO EXCEPT THAT PORTION OF SAID LAND DEEDED TO THE CITY OF MOORPARK BY A GRANT DEED
RECORDED NOVEMBER 24, 2006 AS INSTRUMENT NO. 06-248347 OF OFFICIAL RECORDS.
ALSO EXCEPT A PORTION OF THE WESTERLY 5.00 FEET THEREOF, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K, SAID POINT ALSO BEING THE
NORTHEASTER CORNER OF SAID BROWN-LIVINGSTON SUBDIVISION; THENCE,
ALONG THE WESTERLY LINE OF SAID LOT K, SAID LINE ALSO BEING THE EASTERLY LINE OF THE
BROWN-LIVINGSTON SUBDIVISION, SOUTH 00° 05 ' 00" EAST A DISTANCE OF 1,098.00 FEET TO THE
SOUTHEAST CORNER OF LOT 12, IN THE BROWN-LIVINGSTON SUBDIVISION TRACT, AS PER MAP
RECORDED IN BOOK 22, PAGE 87 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE,
ALONG SAID WESTERLY LINE OF SAID LOT K, SOUTH 00° 05' 00" EAST A DISTANCE OF 110.46 FEET
FROM THE SOUTHEAST CORNER OF SAID LOT 12; THENCE,
NORTH 64° 10' 37" EAST A DISTANCE OF 5.55 FEET TO A LINE PARALLEL WITH SAID WESTERLY LINE
OF LOT K; THENCE,
NORTH 00° 05' 00" WEST A DISTANCE OF 108.05 FEET; THENCE
SOUTH 89° 55' 00" WEST A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5: (APN: 506-0-050-525)
PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1,AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT K,TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF
CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, AT THE NORTHEASTERLY
CORNER OF SAID LOT K; THENCE,
1ST: SOUTH 00° 02' 55" WEST 1018.38 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT K;
THENCE,
2ND: NORTH 65° 53' 39" WEST 16.43 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO THE TRUE
POINT OF BEGINNING,THENCE,
3RD: NORTH 65° 53' 39" WEST 437.78 FEET ALONG SAID SOUTHERLY LINE TO AN ANGEL POINT IN
THE SAID SOUTHERLY LINE OF LOT K; THENCE,
4TH: NORTH 00° 02' 05" EAST 442.21 FEET; THENCE,
5TH: SOUTH 89° 57' 10"EAST 384.38 FEET TO THE WESTERLY LINE OF DEED RECORDED MAY 4, 1993,
AS DOCUMENT NO. 93-079362 OF OFFICIAL RECORDS; THENCE,
6TH: SOUTH 01° 57' 54" EAST 14.55 FEET; THENCE,
First American Title
39
52
Order Number: NHSC-5540106 (tc)
Page Number: 15
7TH: SOUTH 89° 57 05"EAST 7.03 FEET; THENCE,
8TH: SOUTH 04° 31' 30" EAST 99.64 FEET; THENCE,
9TH: SOUTH 00° 02' 55" WEST 506.82 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL AND GAS THEREON, AS RESERVED BY
APOLONIO R. CORONADO AND LEE N. CORONADO, IN DEED RECORDED AUGUST 3, 1954 IN BOOK
1219, PAGE 406 OF OFFICIAL RECORDS.
PARCEL 6: (APN: 506-0-050-515)
PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO 99-1, AS EVIDENCED BY DOCUMENT RECORDED
DECEMBER 13, 1999 AS INSTRUMENT NO. 1999-0221273 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT K IN TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK, COUNTY OF VENTURA,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, DISTANT WEST 414.95 FEET
MEASURED ALONG SAID CENTERLINE FROM THE NORTHEAST CORNER OF SAID LOT K; THENCE,
1ST: SOUTH 00° 02' 05" WEST 59.00 FEET TO THE SOUTHERLY R/W LINE OF LOS ANGELES AVENUE,
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE,
2ND: SOUTH 00° 02' 05" WEST 332.00 FEET; THENCE,
3RD: SOUTH 89° 57' 10" EAST 214.87 FEET; THENCE,
4TH: NORTH 00° 02' 55" EAST 332.00 FEET TO A POINT IN THE SOUTHERLY R/W LINE OF LOS
ANGELES AVENUE; THENCE,
5TH: NORTH 89° 57' 10" WEST 214.95 FEET ALONG SAID SOUTHERLY R/W LINE TO THE TRUE POINT
OF BEGINNING.
EXCEPT AN UNDIVIDED 1/2 INTEREST IN ALL OIL AND GAS THEREON, AS RESERVED BY APOLONIO R.
CORONADO, A MARRIED MAN AND LEE R. CORONADO, A SINGLE MAN, IN DEED RECORDED AUGUST 3,
1954 IN BOOK 1219, PAGE 406 OF OFFICIAL RECORDS.
First American Title
40
53
EXHIBIT "B"
LEGAL DESCRIPTION
within
LOT "K"
TRACT L, RANCHO SIMI
per
5MR5
That portion of Parcel"C"of that certain"Notice of Approval for Lot Line Adjustment"No.99-1,
in the City of Moorpark, County of Ventura, State of California, recorded as Document No. 1999-
0221273-00 of Official Records, being a portion of Lot "K", Tract"L", Rancho Simi as per map
filed in Book 5,Page 5 of Miscellaneous Records(Maps),All in the Office of the County Recorder
of said County more particularly described as follows:
BEGINNING at the southeast corner of said Parcel "C" being a point of intersection with the
south line of said Lot"K" and the west line of Leta Yancy Road (formerly Liberty Bell Road, 40
feet wide) as shown on the Map of Tract No. 4147 filed in Book 112, Page 7 of Miscellaneous
Records (Maps) of said County;
1st Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24 feet to a
point of intersection with the west line of the land described in the deed recorded May 4, 1993 as
Document No. 93-079362 of Official Records;
2°a Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a point of
intersection with a line which is parallel with and 490.94 feet south of the north line of Lot "K",
said north line also being the centerline of Los Angeles Avenue;
3'd Thence, along said parallel line North 89°32'10"West 178.78 feet;
4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with the south
line of said Lot"K";
5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT OF
BEGINNING.
CONTAINING: 1.993 Acres, more or less.
SUBJECT TO:All covenants,Rights, Rights-of-Way and Easements of record.
EXHIBIT "B":Attached and by this reference made a part hereof.
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EXHIBIT "B"
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9/27/2017 N6S° . 0 7
MATTHEW J. VERNON, PLS DATE 3 , ,,
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Michael Baker
INTERNATIONAL
5051 Verdugo Way,Suite 300 DRAWN BY: CC CLIENT: PACIFIC COMMUNITY BUILDERS
Camarillo,CA 93012 DATE: 9/25/2017 JOB No: 129998
Phone:(805) 383-3373•MBAKERINTL.COM ;SCALE 1"=130' FILE: 7179—EXOOI.DWG SHT 1 OF 1
H:\PDATA\10107179\CADD\MAPPING\EXHIBITS\7179-EX001.DWG MVERNON 10/28/16 9:34 am
42 55
EXHIBIT "C"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
do Pacific Communities
1000 Dove Street, Suite 300
Newport Beach, CA 92660
Attn: Nelson Chung
43
56
ATTACHMENT 2
57
RESOLUTION NO. PC-2024-705
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT NO. 2016-01 BETWEEN THE CITY
OF MOORPARK AND M.P. GROUP LLC, MOORPARK HOMES LLC AND
CLP INVESTMENT LLC, AND CONSIDER A RESOLUTION AMENDING
THE CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2016-01, ON THE APPLICATION OF
NELSON CHUNG OF PACIFIC COMMUNITIES (ON BEHALF OF M.P.
GROUP LLC, MOORPARK HOMES LLC, AND CLP INVESTMENT LLC)
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of property within the jurisdiction; and
WHEREAS, on April 15, 2016, M.P. Group LLC, Moorpark Homes, LLC and CLP
Investment LLC, (“Owners”) known collectively as Pacific Communities (“Applicant”),
applied to the City for entitlements to build a residential project including 284 residential
dwelling units on the properties located on Los Angeles Avenue and Leta Yancy Road
(APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-205,
506-0-030-255, and 506-0-030-245) (“Project Site”) in the City of Moorpark (the “City”)
(the “Project”); and
WHEREAS, on August 22, 2017, the Planning Commission adopted Resolution
No. PC-2017-620, recommending the City Council determine the Project consistent with
the General Plan per Government Code 65402, adopt the Project Mitigated Negative
Declaration (“MND”) and approve General Plan Amendment No. 2016-01, Zone Change
No. 2016-01, Residential Planned Development (“RPD”) No. 2016-01, Vesting Tentative
Tract Map (“VTTM”) No. 5882, and Development Agreement No. 2016-01 (“DA”); and
WHEREAS, on September 20, 2017, the City Council adopted Resolution Nos.
2017-3626 and 2017-3627, adopting a MND and Mitigation Monitoring and Reporting
Program (MMRP) for the Project, approving General Plan Amendment No. 2016-01, Zone
Change No. 2016-01, RPD No. 2016-01, and Vesting Tentative Tract Map No. 5882, for
a residential development consisting of 284 residential units and associated land
improvements located on 38.73 acres of land located on the south side of Los Angeles
Avenue and the west side of Leta Yancy Road on an application of the Applicant, and
finding the Project consistent with the General Plan per Government Code 65402; and
WHEREAS, on October 4, 2017, the City Council adopted Ordinance No. 453
approving Zone Change No. 2016-01 to change the zoning on the Project Site from
Commercial Planned Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and
Open Space, and adopted Ordinance No. 454, approving DA No. 2016-01; and
ATTACHMENT 3
58
Resolution No. PC-2024-705
Page 2
WHEREAS, on September 20, 2017, the City Council adopted Resolution No.
2017-3627 approving Residential Planned Development Permit No. 2016-01 and
associated Conditions of Approval; and
WHEREAS, on October 4, 2017, the DA was executed by the City of Moorpark
and the Owners, and the DA was recorded on October 10, 2017, by Instrument No.
20171011-00132051-0; and
WHEREAS, on April 13, 2023, the Applicant applied for the First Amendment to
the DA (“Exhibit A”) and Amendments to the Conditions of Approval for Residential
Planned Development Permit No. 2016-01 (“Exhibit B”) and has agreed to the terms as
outlined in the First Amendment to the DA and amendments to the Conditions of Approval
for Residential Planned Development Permit No. 2016-01 to address phasing of the final
map and changes to the affordable housing requirement for the Project; and
WHEREAS, the Community Development Director has determined that the First
Amendment to the DA and amendments to the Conditions of Approval are consistent with
the Mitigated Negative Declaration adopted for the original project, including Residential
Planned Development No. 2016-01; and
WHEREAS, the Community Development Director has determined that the
proposed reduction of 25 low-income housing units through the payment of an affordable
housing in lieu fee of $4,186,000, would not result in a loss of required housing units
within the lower income category identified for the Regional Housing Needs Assessment
(“RHNA”). The 2021-2029 Housing Element would maintain 629 lower income housing
units, where 610 lower income housing units are required to be identified for RHNA; and
WHEREAS, pursuant to California Government Code Section 65867 and
Moorpark Municipal Code Section 15.40.080, a duly noticed public hearing was
conducted by the Planning Commission on March 19, 2024, to consider the First
Amendment the DA and amendments to the Conditions of Approval and to accept public
testimony related thereto; and
WHEREAS, the Planning Commission has considered all points of public
testimony relevant to the First Amendment to the DA and the amendments to the
Conditions of Approval and has given the matter careful consideration; and
WHEREAS, the Planning Commission also considered a request of the Applicant
presented at the hearing to make further amendments to Standard Conditions of Approval
Nos. 65 and 152, hereby incorporated into Exhibit B, to address concerns with feasibility
and timing outlined in the Conditions. The Planning Commission considered textual
revisions to both conditions, presented in writing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
59
Resolution No. PC-2024-705
Page 3
SECTION 1. The Planning Commission finds that all of the facts set forth in the
Recitals to this Resolution are true and correct.
SECTION 2. California Environmental Quality Act (“CEQA”). The Planning
Commission concurs with the Community Development Director that the First
Amendment to the Development Agreement and the amendments to the Conditions of
Approval are consistent with, and within the scope of the MND adopted for the Residential
Planned Development Permit No. 2016-01. The MND determined that there are no
significant impacts with the inclusion of specific mitigation measures identified in the MND
Mitigation Monitoring and Reporting Program. The proposed amendments to the DA and
Conditions of Approval do not present any additional environmental impacts.
SECTION 3. Development Agreement Findings. The Planning Commission finds
and declares that:
A. The provisions of the First Amendment to the Development Agreement are
consistent with the General Plan land use designation, help achieve the
goals of the Land Use Element and Housing Element and are consistent
with the goals and policies of all other elements. The development of a
residential project in accordance with the General Plan achieves a well-
balanced and diversified economy and provides a variety of housing
options. In addition, further analysis was conducted to ensure that the
payment of an affordable housing in-lieu fee of $4,186,000 instead of the
construction of 25 low-income housing units remains consistent with the
Housing Element. The City’s RHNA for the 2021-2029 planning period is
1,289 total units (610 lower, 245 moderate, and 434 above moderate). The
City’s 2021-2029 Housing Element identified capacity for 2,491 total units
(653 lower, 297 moderate, and 1,541 above moderate). Thus far in the
2021-2029 planning period, the City has approved entitlements for 19
accessory dwelling units at the lower income level. Approving the First
Amendment to the Development Agreement would reduce the total number
of units that can be accommodated on sites identified in the site inventory
within the lower income category from 654 units to 629 units. However, this
would retain a buffer of 19 lower income units beyond the original required
RHNA allocation for the lower income category. The First Amendment also
would result in an increase in the total number of above moderate-income
units from 1,541 units to 1,566 units, where only 434 units were required to
be identified originally. Due to the remaining buffer of 19 lower income units,
and the fact that 19 lower income ADUs have been approved already, the
proposed action would not result in a reduction of identified units below the
required RHNA allocation. As required by Government Code Section
65863, the above analysis provides evidence that even with the approval of
the First Amendment and the revised Project, the remaining sites identified
60
Resolution No. PC-2024-705
Page 4
in the housing element are adequate to accommodate the City’s RHNA
allocation at all income levels.
B. The provisions of the First Amendment to the Development Agreement are
consistent with this Chapter 15.40 of the Moorpark Municipal Code because
the Development Agreement contains the elements required by Section
15.40.030 and has been processed through a duly noticed public hearing,
as required by law.
SECTION 4. Based on the findings and conclusions set forth in the above
sections, and based on all the other evidence in the record, the Planning Commission
recommends that the City Council adopt an Ordinance approving the First Amendment
to DA No. 2016-01, a draft of which is included as Exhibit A to this Resolution and that
the City Council adopt a Resolution approving amendments to the Conditions of Approval
for Residential Planned Development Permit No. 2016-01, including amendments to
Standard Conditions of Approval Nos. 65 and 152 considered during the hearing, a draft
of which is included as Exhibit B.
SECTION 5. The Community Development Director shall cause a certified
resolution to be filed in the book of original resolutions.
The action of the foregoing action was approved by the following vote:
AYES: Commissioners Alva, Hamalainen, Landis and Chair Barrett
NOES: None
ABSTAIN: None
ABSENT: Commissioner Di Cecco
PASSED, AND ADOPTED this 19th day of March, 2024.
Chris Barrett
Chair
Carlene Saxton
Community Development Director
EXHIBIT A: Draft First Amendment to Development Agreement No. 2016-01
EXHIBIT B: Draft Amendments to Conditions of Approval
61
Resolution No. PC-2024-705
Page 5
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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
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
by and between the
CITY OF MOORPARK
and
M.P. Group, LLC (Pacific Communities),
MOORPARK HOMES, LLC AND
CLP INVESTMENT, LLC
EXHIBIT A
62
Resolution No. PC-2024-705
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FIRST AMENDMENT
TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT the ("First
Amendment") is made and entered into on ___________, 2024 by and between the CITY
OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), MP Group,
LLC. a California limited liability company (“MP Group”), MOORPARK HOMES, LLC. a
California limited liability company (“Moorpark Homes”) and CLP INVESTMENT, LLC. a
California limited liability company (“CLP”), the owners of real property within the City of
Moorpark generally referred to as Residential Planned Development Permit 2016-01
(referred to hereinafter individually 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 First Amendment 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 MP Group is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 1 (“Parcel 1”) in the legal description set forth
in Exhibit “A” which exhibit is attached hereto and incorporated by
reference. Moorpark Homes is the owner in fee simple of certain real
property in the City of Moorpark identified as Parcel 2 (“Parcel 2”) in Exhibit
“A”. CLP is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 3 (“Parcel 3”) in Exhibit “A” and that certain
real property referred to herein as the “City Site” and more particularly
described in Exhibit “B” attached hereto and incorporated by reference.
Parels 1, 2, and 3 are referred to hereinafter collectively as the “Property”;
and
1.2 Developer and City entered into a Development Agreement for Vesting
Tentative Tract Map No. 5882 on October 4, 2017, which was recorded
on October 11, 2017, as Instrument Number 20171011-00132051-01/45
in the Official Records of Ventura County, California ("Development
Agreement") with respect to the Property and in connection with the
development of 153 small lot single-family homes, 131 detached
condominium homes, a 21,816 square foot recreation center, a 23,668
square foot linear park, associated roadways and infrastructure,
detention basins and other improvements on the approximate 38.52 acre
site (“Project”); and
1.3 Sections 6.13 and 6.14 of the Development Agreement obligate
Developer to provide (i) twenty-five (25) dwelling units to be sold to
buyers who meet the criteria of low-income (80% of median income); and
(ii) a 1.6 acre parcel of land (“City Site”) to satisfy the requirement to
63
Resolution No. PC-2024-705
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provide units for buyers who meet the criteria of very low-income (50%
of median income); and
1.4 Section 6.13 of the Development Agreement also provides that prior to
recordation of the first final Tract Map for Tract 5882, the City Council must
approve an Affordable Housing Agreement and a Purchase and Sale
Agreement, that are consistent with the Development Agreement, in order
to provide for the sale of the twenty-five (25) dwelling units to qualified low-
income buyers and the conveyance of the City Site to the City; and
1.5 On or about December 19, 2019, Developer and the City entered into that
certain Affordable Housing Agreement (“AHA”), which was recorded against
the Property on December 26, 2019, as Instrument No. 20191226-00164341-
01/24. Pursuant to that AHA, Developer agreed to comply with a series of
requirements for the construction and sale of 25 affordable units; and
1.6 In 2023, Developer prepared an updated financial feasibility analysis of the
affordable housing obligations in the Development Agreement and the
Affordable Housing Agreement and has asserted that, with those
obligations, the Project is not financially feasible. Accordingly, the
Developer has requested that the Developer be relieved of the requirement
to construct 25 units of affordable housing and instead pay an affordable
housing in-lieu fee of $4,186,000 (the “In-Lieu Fee”). The City has
considered Developer’s request and retained an independent financial
consultant to advise the City on the request; and
1.7 Developer and City now mutually desire to amend the Development
Agreement to remove the requirement for the Developer to construct
twenty-five (25) dwelling units to be sold to buyers who meet the criteria
of low-income (80% of median income) and replace it with the
requirement for the Developer to pay the City the In-Lieu Fee while at the
same time retaining the provision in the Development Agreement that
Developer convey to the City a 1.6 acre City Site parcel to satisfy the
requirement to provide units for buyers who meet the criteria of very-low-
income (50% of median income); and
1.8 With the payment of the In-Lieu Fee pursuant to this First Amemdment,
the AHA is no longer needed and may be terminated; and
1.9 On April 25, 2023, the Developer applied for the First Amendment to request
changes to the affordable housing requirement outlined in the original
Agreement, which resulted in the removal of the requirement to construct
25 low-income for-sale units and replacement with the required payment of
an affordable housing in-lieu fee; and
64
Resolution No. PC-2024-705
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1.10 On March 19, 2024, the Planning Commission commenced a duly noticed
public hearing on the First Amendment, and at the conclusion of the hearing
on March 19, 2024 recommended approval of this Agreement; and
1.11 On April 17, 2024 the City Council commenced a duly noticed public hearing
on the First Amendment, and following the conclusion of the hearing closed
the hearing and approved the First Amendment, incorporated herein, by
adoption of Ordinance No. ___ (“Enabling Ordinance”) on _________,
2024.
2. Section 3.2 (Release Upon Subsequent Transfer) is hereby amended to read as
follows:
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 arising after the conveyance 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. 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.”
3. Section 6.13 (Densities Allowed for Development and Affordable Housing Fee) is
hereby amended to read as follows:
6.13 “Affordable Housing Fee.
(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
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Resolution No. PC-2024-705
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density bonus obtained through the Project Approvals that is greater
than would otherwise be available.
(b) The Developer agrees to pay an in-lieu fee for the community benefit
of Affordable Housing (“Affordable Housing Fee”) prior to the
issuance of the first building permit for a residential unit. The
Affordable Housing Fee may be expended by the City in an effort to
further fair housing. The amount of the Affordable Housing Fee shall
be a flat fee of Four Million One-Hundred and Eighty Six Thousand
Dollars ($4,186,000.00), in-lieu of providing twenty-five (25)
residential units for low-income households. If the Affordable
Housing Fee is unpaid as of January 1, 2025, then on such date and
annually thereafter, the Affordable Housing Fee shall be adjusted by
any increase in the CPI until the Affordable Housing Fee has 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 January over the month
of January from the prior year or in the event there is a decrease in
the CPI for any annual indexing, the Affordable Housing Fee shall
remain at its then current amount until such time as the next
subsequent annual January indexing which results in an increase.
By paying the Affordable Housing Fee, the Developer shall have met
its Affordable Housing obligations.
(c) Concurrently with and subject to the City's payment to CLP of the
Purchase Price for the City Site pursuant to Subsection 6.14 and the
Purchase and Sale Agreement (as those terms are defined in
Subsection 6.14, Developer shall pay City a one-time fee in the
amount of One Million Five Hundred Thousand Dollars ($1,500,
000.00) or the appraised fair market value of the City Site, as defined
in Subsection 6.14, whichever is less, in-lieu of providing seventeen
(17) residential units for very-low income households.”
4. Section 6.20 (CPI Indexes) is hereby amended to read as follows:
6.20 “CPI Indexes. In the event the “CPI” referred to in Sections 6.3, 6.6, 6.7,
6.8, 6.13, and 6.14 (l), or the Bid Price Index referred to in Section 6.4, 6.7
and 6.26 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.”
5. Section 6.21 (Proposed Mello-Roos Community Facilities District) is hereby
amended to read as follows:
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6.21 “Proposed Mello-Roos Community Facilities District. Developer agrees that
if a Mello-Roos Community Facilities District (CFD) is formed consistent
with Section 7.3 of this Agreement, Developer shall submit the required
deposit and reimbursement agreement to fund all City costs associated with
the proposed CFD formation. Developer also agrees that the City Council
upon the conclusion of the public hearing required by applicable law and in
its sole and unfettered discretion may abandon establishment of the CFD.
Developer agrees that any CFD bond proceeds in the Project Improvement
Fund in excess of the amount required to fund authorized costs, including
any City and CFD consultant costs associated with the redemption of bonds
shall be applied to redeem a portion of the bonds, consistent with applicable
provisions of State and Federal laws and regulations.
Developer also agrees that if a CFD is authorized, the CFD may include on-
going annual special taxes for services provided to the Project.
Developer further acknowledges and agrees that the City Council shall
determine the total amount of CFD bonds to be sold and the amount
Developer may receive as reimbursement from the CFD bonds proceeds.
If a CFD is authorized and formed, Developer shall include a disclosure to
the initial third party buyer of each residential dwelling unit in the Project.
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
disclosure.”
6. Section 11.4 (Remedies for Breach) is hereby amended to read as follows:
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.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is of
Subsection 6.13 or 6.14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
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violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
No delay or omission to exercise any remedy upon the occurrence of any
default hereunder shall impair any such remedy or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time
to time and as often as may be deemed expedient a Party.
Notwithstanding the previous provisions of the Section, Developer shall not
be entitled to monetary damages for breach of this Agreement by City or
consequential damages incurred that are the result of that 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.”
7. Operative Date. As described in Section 1.5 above, this First Amendment shall
become operative on the Operative Date of the First Amendment, being the date
the Enabling Ordinance becomes effective pursuant to Government Code Section
36937.
8. Entire Agreement. This First Amendment Agreement, together with the
Agreement, and those exhibits and documents referenced herein contain the entire
agreement between the Parties regarding the subject matter hereof, and all prior
agreements or understandings, oral or written, are hereby merged herein. This
Agreement shall not be amended, except as expressly provided herein.
9. Severability. If any provision of this First Amendment is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
10. Recordation of First Amendment. This First Agreement 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.
11. Authority to Execute. Developer warrants and represents that to its knowledge as
of the Operative Date of this First Amendment and with respect to each entity that
is defined as Developer: ( i) it is duly organized and existing; ( ii) it is duly authorized
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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 First Amendment and the Agreement.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
Development Agreement effective as of the Operative Date of the First Amendment.
CITY OF MOORPARK
__________________________
Chris R. Enegren, Mayor
ATTEST:
__________________________
Ky Spangler, City Clerk
MP GROUP, LLC
a California limited liability company
By: Pacific Housing, LLC, Manager
By: __________________________
Christine Chung, Manager
MOORPARK HOMES, LLC
a California limited liability company
By: Pacific Communities Builder, Inc., Manager
By: __________________________
Neslon Chung, President
CLP INVESTMENT, LLC
A California limited liability company
By: __________________________
Christine Chung, Manager
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EXHIBIT “B”
LEGAL DESCRIPTION WITHIN
LOT " K" TRACT L, RANCHO SIMI PER 5MR5
That portion of Parcel "C" of that certain "Notice of Approval for Lot Line Adjustment"
No.99-1, in the City of Moorpark, County of Ventura, State of California, recorded as
Document No. 1999- 0221273-00 of Official Records, being a portion of Lot "K", Tract
"L", Rancho Simi as per map filed in Book 5, Page 5 of Miscellaneous Records (Maps),
All in the Office of the County Recorder of said County more particularly described as
follows:
BEGINNING at the southeast comer of said Parcel "C" being a point of intersection
with the south line of said Lot "K" and the west line of Leta Yancy Road (formerly
Liberty Bell Road, 40 feet wide) as shown on the Map of Tract No. 4147 filed in Book
112, Page 7 of Miscellaneous Records (Maps) of said County;
1ST Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24
feet to a point of intersection with the west line of the land described in the deed
recorded May 4, 1993 as Document No. 93-079362 of Official Records;
2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a
point of intersection with a line which is parallel with and 490.94 feet south of the north
line of Lot "K", said north line also being the centerline of Los Angeles Avenue;
3rd Thence, along said parallel line North 89°32'10"West 178.78 feet;
4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with
the south line of said Lot "K";
5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT
OF BEGINNING.
CONTAINING: 1.993 Acres, more or less.
SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record.
EXHIBIT "B": Attached and by this reference made a part hereof.
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EXHIBIT “C”
ADDRESSESS OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Pacific Communities
1000 Dove Street, Suite 300
Newport Beach, CA 92660
Attn: Nelson Chung
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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
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
by and between the
CITY OF MOORPARK
and
M.P. Group, LLC (Pacific Communities),
MOORPARK HOMES, LLC AND
CLP INVESTMENT, LLC
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FIRST AMENDMENT
TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT the ("First
Amendment") is made and entered into on ___________, 2024 by and between the CITY
OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), MP Group,
LLC. a California limited liability company (“MP Group”), MOORPARK HOMES, LLC. a
California limited liability company (“Moorpark Homes”) and CLP INVESTMENT, LLC. a
California limited liability company (“CLP”), the owners of real property within the City of
Moorpark generally referred to as Residential Planned Development Permit 2016-01
(referred to hereinafter individually 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 First Amendment 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 MP Group is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 1 (“Parcel 1”) in the legal description set forth
in Exhibit “A” which exhibit is attached hereto and incorporated by
reference. Moorpark Homes is the owner in fee simple of certain real
property in the City of Moorpark identified as Parcel 2 (“Parcel 2”) in Exhibit
“A”. CLP is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 3 (“Parcel 3”) in Exhibit “A” and that certain
real property referred to herein as the “City Site” and more particularly
described in Exhibit “B” attached hereto and incorporated by reference.
Parels 1, 2, and 3 are referred to hereinafter collectively as the “Property”;
and
1.2 Developer and City entered into a Development Agreement for Vesting
Tentative Tract Map No. 5882 on October 4, 2017, which was recorded
on October 11, 2017, as Instrument Number 20171011-00132051-01/45
in the Official Records of Ventura County, California ("Development
Agreement") with respect to the Property and in connection with the
development of 153 small lot single-family homes, 131 detached
condominium homes, a 21,816 square foot recreation center, a 23,668
square foot linear park, associated roadways and infrastructure,
detention basins and other improvements on the approximate 38.52 acre
site (“Project”); and
1.3 Sections 6.13 and 6.14 of the Development Agreement obligate
Developer to provide (i) twenty-five (25) dwelling units to be sold to
buyers who meet the criteria of low-income (80% of median income); and
(ii) a 1.6 acre parcel of land (“City Site”) to satisfy the requirement to
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provide units for buyers who meet the criteria of very low-income (50%
of median income); and
1.4 Section 6.13 of the Development Agreement also provides that prior to
recordation of the first final Tract Map for Tract 5882, the City Council must
approve an Affordable Housing Agreement and a Purchase and Sale
Agreement, that are consistent with the Development Agreement, in order
to provide for the sale of the twenty-five (25) dwelling units to qualified low-
income buyers and the conveyance of the City Site to the City; and
1.5 On or about December 19, 2019, Developer and the City entered into that
certain Affordable Housing Agreement (“AHA”), which was recorded against
the Property on December 26, 2019, as Instrument No. 20191226-00164341-
01/24. Pursuant to that AHA, Developer agreed to comply with a series of
requirements for the construction and sale of 25 affordable units; and
1.6 In 2023, Developer prepared an updated financial feasibility analysis of the
affordable housing obligations in the Development Agreement and the
Affordable Housing Agreement and has asserted that, with those
obligations, the Project is not financially feasible. Accordingly, the
Developer has requested that the Developer be relieved of the requirement
to construct 25 units of affordable housing and instead pay an affordable
housing in-lieu fee of $4,186,000 (the “In-Lieu Fee”). The City has
considered Developer’s request and retained an independent financial
consultant to advise the City on the request; and
1.7 Developer and City now mutually desire to amend the Development
Agreement to remove the requirement for the Developer to construct
twenty-five (25) dwelling units to be sold to buyers who meet the criteria
of low-income (80% of median income) and replace it with the
requirement for the Developer to pay the City the In-Lieu Fee while at the
same time retaining the provision in the Development Agreement that
Developer convey to the City a 1.6 acre City Site parcel to satisfy the
requirement to provide units for buyers who meet the criteria of very-low-
income (50% of median income); and
1.8 With the payment of the In-Lieu Fee pursuant to this First Amemdment,
the AHA is no longer needed and may be terminated; and
1.9 On April 25, 2023, the Developer applied for the First Amendment to request
changes to the affordable housing requirement outlined in the original
Agreement, which resulted in the removal of the requirement to construct
25 low-income for-sale units and replacement with the required payment of
an affordable housing in-lieu fee; and
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1.10 On March 19, 2024, the Planning Commission commenced a duly noticed
public hearing on the First Amendment, and at the conclusion of the hearing
on March 19, 2024 recommended approval of this Agreement; and
1.11 On April 17, 2024 the City Council commenced a duly noticed public hearing
on the First Amendment, and following the conclusion of the hearing closed
the hearing and approved the First Amendment, incorporated herein, by
adoption of Ordinance No. ___ (“Enabling Ordinance”) on _________,
2024.
2. Section 3.2 (Release Upon Subsequent Transfer) is hereby amended to read as
follows:
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 arising after the conveyance 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. 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.”
3. Section 6.13 (Densities Allowed for Development and Affordable Housing Fee) is
hereby amended to read as follows:
6.13 “Affordable Housing Fee.
(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
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density bonus obtained through the Project Approvals that is greater
than would otherwise be available.
(b) The Developer agrees to pay an in-lieu fee for the community benefit
of Affordable Housing (“Affordable Housing Fee”) prior to the
issuance of the first building permit for a residential unit. The
Affordable Housing Fee may be expended by the City in an effort to
further fair housing. The amount of the Affordable Housing Fee shall
be a flat fee of Four Million One-Hundred and Eighty Six Thousand
Dollars ($4,186,000.00), in-lieu of providing twenty-five (25)
residential units for low-income households. If the Affordable
Housing Fee is unpaid as of January 1, 2025, then on such date and
annually thereafter, the Affordable Housing Fee shall be adjusted by
any increase in the CPI until the Affordable Housing Fee has 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 January over the month
of January from the prior year or in the event there is a decrease in
the CPI for any annual indexing, the Affordable Housing Fee shall
remain at its then current amount until such time as the next
subsequent annual January indexing which results in an increase.
By paying the Affordable Housing Fee, the Developer shall have met
its Affordable Housing obligations.
(c) Concurrently with and subject to the City's payment to CLP of the
Purchase Price for the City Site pursuant to Subsection 6.14 and the
Purchase and Sale Agreement (as those terms are defined in
Subsection 6.14, Developer shall pay City a one-time fee in the
amount of One Million Five Hundred Thousand Dollars ($1,500,
000.00) or the appraised fair market value of the City Site, as defined
in Subsection 6.14, whichever is less, in-lieu of providing seventeen
(17) residential units for very-low income households.”
4. Section 6.20 (CPI Indexes) is hereby amended to read as follows:
6.20 “CPI Indexes. In the event the “CPI” referred to in Sections 6.3, 6.6, 6.7,
6.8, 6.13, and 6.14 (l), or the Bid Price Index referred to in Section 6.4, 6.7
and 6.26 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.”
5. Section 6.21 (Proposed Mello-Roos Community Facilities District) is hereby
amended to read as follows:
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6.21 “Proposed Mello-Roos Community Facilities District. Developer agrees that
if a Mello-Roos Community Facilities District (CFD) is formed consistent
with Section 7.3 of this Agreement, Developer shall submit the required
deposit and reimbursement agreement to fund all City costs associated with
the proposed CFD formation. Developer also agrees that the City Council
upon the conclusion of the public hearing required by applicable law and in
its sole and unfettered discretion may abandon establishment of the CFD.
Developer agrees that any CFD bond proceeds in the Project Improvement
Fund in excess of the amount required to fund authorized costs, including
any City and CFD consultant costs associated with the redemption of bonds
shall be applied to redeem a portion of the bonds, consistent with applicable
provisions of State and Federal laws and regulations.
Developer also agrees that if a CFD is authorized, the CFD may include on-
going annual special taxes for services provided to the Project.
Developer further acknowledges and agrees that the City Council shall
determine the total amount of CFD bonds to be sold and the amount
Developer may receive as reimbursement from the CFD bonds proceeds.
If a CFD is authorized and formed, Developer shall include a disclosure to
the initial third party buyer of each residential dwelling unit in the Project.
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
disclosure.”
6. Section 11.4 (Remedies for Breach) is hereby amended to read as follows:
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.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is of
Subsection 6.13 or 6.14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
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violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
No delay or omission to exercise any remedy upon the occurrence of any
default hereunder shall impair any such remedy or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time
to time and as often as may be deemed expedient a Party.
Notwithstanding the previous provisions of the Section, Developer shall not
be entitled to monetary damages for breach of this Agreement by City or
consequential damages incurred that are the result of that 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.”
7. Operative Date. As described in Section 1.5 above, this First Amendment shall
become operative on the Operative Date of the First Amendment, being the date
the Enabling Ordinance becomes effective pursuant to Government Code Section
36937.
8. Entire Agreement. This First Amendment Agreement, together with the
Agreement, and those exhibits and documents referenced herein contain the entire
agreement between the Parties regarding the subject matter hereof, and all prior
agreements or understandings, oral or written, are hereby merged herein. This
Agreement shall not be amended, except as expressly provided herein.
9. Severability. If any provision of this First Amendment is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
10. Recordation of First Amendment. This First Agreement 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.
11. Authority to Execute. Developer warrants and represents that to its knowledge as
of the Operative Date of this First Amendment and with respect to each entity that
is defined as Developer: ( i) it is duly organized and existing; ( ii) it is duly authorized
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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 First Amendment and the Agreement.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
Development Agreement effective as of the Operative Date of the First Amendment.
CITY OF MOORPARK
__________________________
Chris R. Enegren, Mayor
ATTEST:
__________________________
Ky Spangler, City Clerk
MP GROUP, LLC
a California limited liability company
By: Pacific Housing, LLC, Manager
By: __________________________
Christine Chung, Manager
MOORPARK HOMES, LLC
a California limited liability company
By: Pacific Communities Builder, Inc., Manager
By: __________________________
Neslon Chung, President
CLP INVESTMENT, LLC
A California limited liability company
By: __________________________
Christine Chung, Manager
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EXHIBIT “B”
LEGAL DESCRIPTION WITHIN
LOT " K" TRACT L, RANCHO SIMI PER 5MR5
That portion of Parcel "C" of that certain "Notice of Approval for Lot Line Adjustment"
No.99-1, in the City of Moorpark, County of Ventura, State of California, recorded as
Document No. 1999- 0221273-00 of Official Records, being a portion of Lot "K", Tract
"L", Rancho Simi as per map filed in Book 5, Page 5 of Miscellaneous Records (Maps),
All in the Office of the County Recorder of said County more particularly described as
follows:
BEGINNING at the southeast comer of said Parcel "C" being a point of intersection
with the south line of said Lot "K" and the west line of Leta Yancy Road (formerly
Liberty Bell Road, 40 feet wide) as shown on the Map of Tract No. 4147 filed in Book
112, Page 7 of Miscellaneous Records (Maps) of said County;
1ST Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24
feet to a point of intersection with the west line of the land described in the deed
recorded May 4, 1993 as Document No. 93-079362 of Official Records;
2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a
point of intersection with a line which is parallel with and 490.94 feet south of the north
line of Lot "K", said north line also being the centerline of Los Angeles Avenue;
3rd Thence, along said parallel line North 89°32'10"West 178.78 feet;
4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with
the south line of said Lot "K";
5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT
OF BEGINNING.
CONTAINING: 1.993 Acres, more or less.
SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record.
EXHIBIT "B": Attached and by this reference made a part hereof.
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EXHIBIT “C”
ADDRESSESS OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Pacific Communities
1000 Dove Street, Suite 300
Newport Beach, CA 92660
Attn: Nelson Chung
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Exhibit B
CITY OF MOORPARK
DRAFT AMENDMENTS
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
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.
2. Each Phased Final Map must include the final Conditions of Approval and a reference
to the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This subdivision expires on October 4, 2037, unless all Phased Final Maps have been
approved and recorded.
4. This planned development permit expires on October 4, 2037, unless the use has been
inaugurated by issuance of a building permit for construction.
5. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map
Act, City of Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications, dimensions,
typical sections and the like which may be shown on said Map and/or plans or on
the entitlement application. This language shall be added as a notation to the Phased
Final Maps and/or to the final plans for the planned development.
6. 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.
7. 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).
8. All mitigation measures required as part of an approved Mitigation Monitoring Report 92
Resolution No. PC-2024-705
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and Program (MMRP) for this entitlement are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the MMRP and
the Conditions of Approval occurs the Community Development Director shall
determine compliance so long as it does not conflict with the California Environmental
Quality Act and the more restrictive measure or condition shall apply.
9. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall immediately cease in the immediate area
and the find must be left untouched. The applicant, in consultation with theproject
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.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading
permit, a paleontological mitigation plan outlining procedures for paleontological data
recovery must be prepared and submitted to the Community Development Director for
review and approval. The development and implementation of this Plan must include
consultations with the Applicant's engineering geologist as well as a requirement that
the curation of all specimens recovered under any scenario will be through the Los
Angeles County Museum of Natural History (LACMNH). All specimens become the
property of the City of Moorpark unless the City chooses otherwise. If the City accepts
ownership, the curation location may be revised. The monitoring and data recovery
should include periodic inspections of excavations to recover exposed fossil materials.
The cost of this data recovery is limited to the discovery of a reasonable sample of
available material. The interpretation of reasonableness rests with the Community
Development Director.
11. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by the
City or any of its agencies, departments, commissions, agents, officers, or employees
concerning this entitlement approval, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37 or
other sections of state law as applicable and any provision amendatory or
supplementary thereto. The City will promptly notify the applicant of any such claim,
action or proceeding, and, if the City should fail to do so or should fail to cooperate fully
in the defense, the applicant shall not thereafter be responsible to defend, indemnify
and hold harmless the City or its agents, officers and employees pursuant to this
condition.
a. The City may, within its unlimited discretion, participate in the defense of any
such claim, action or proceeding if both of the following occur:
i . The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of such 93
Resolution No. PC-2024-705
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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.
12. 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.
13. 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.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing Inspection.
(This Condition Applies to Residential Projects.)
FEES
15. 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 services
fees. This payment must be made within sixty (60) calendar days after the approval of
this entitlement.
16. 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.
17. Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the current
rate then in effect. Said fees include, but are not limited to building and public
improvement plan checks and permits. Unless specifically exempted by City Council,
the applicant is subject to all fees imposed by the City as of the issuance of the first
permit for construction and such future fees imposed as determined by City in its sole
discretion so long as said fee is imposed on similarly situated properties.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall
submit to the Parks, Recreation and Community Services Department fees in
accordance with the Moorpark Municipal Code and to the satisfaction of the Parks,
Recreation and Community Services Director.
19. Tree and Landscape: Concurrently with the issuance of a building permit, the Tree and
Landscape Fee must be paid to the Building and Safety Division in accordance with
City Council adopted Tree and Landscape Fee requirements in effect at the time of
building permit application. (This Condition Applies to Commercial and Industrial
Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit, current
Fire Protection Facilities Fees must be paid to the Building and Safety Division in
accordance with City Council adopted Fire Protection Facilities Fee requirements in
effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the Library
Facilities Fee must be paid to the Building and Safety Division in accordance with City 94
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Council adopted Library Facilities Fee requirements in effect at the time of building
permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance with City
Council adopted Police Facilities Fee requirements in effect at the time of building
permit application.
23. Traffic Systems Management: Concurrently with the issuance of a Zoning Clearance
for each building permit, the applicant shall submit to the Community Development
Department the established Moorpark Traffic Systems Management (TSM) Fee for the
approved development consistent with adopted City policy for calculating such fee.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development Department
a fair-share contribution for intersection improvements relating to the project. The
amount of fair-share participation will be to the satisfaction of the City Engineer and
Public Works Director based on the traffic report prepared for the project and the
extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development Department
the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, or by use for commercial and industrial projects, based upon the effective
date of approval of the entitlement consistent with adopted City policy for calculating
such fee. The fee will be paid at the time of building permit issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development Department the
Area of Contribution (AOC) Fee for the area in which the project is located. The fee
shall be paid in accordance with City Council adopted AOC fee requirements in effect
at the time of building permit application.
27. Street Lighting Energy Costs: Prior to recordation of any Phased Final Map, or issuance
of a building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting for a
period of one year from the acceptance of the street improvements in an amount
satisfactory to the City Engineer and Public Works Director.
28. Schools: Prior to issuance of building permits for each building, the applicant shall
provide written proof to the Community Development Department that all legally
mandated school impact fees applicable at the time of issuance of a building permit
have been paid to the Moorpark Unified School District.
29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance
for building permit, the applicant shall contribute to the Art in Public Places Fund in
accordance with Municipal Code Chapter 17.50 and sections amendatory or
supplementary thereto. Contribution is to be submitted to the Community Development
Department. If the applicant is required to provide a public art project on or off-site in
lieu of contributing to the Art in Public Places Fund, the artwork must have a value
corresponding to, or greater than, the contribution, and must be approved, constructed
and maintained for the life of the project in accordance with the applicable provision of
the Moorpark Municipal Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall submit to the 95
Resolution No. PC-2024-705
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Community Development Department, City Engineer and Public Works Director and
the Building and Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering improvement
plans/permit documents; and building plans/permit documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the applicant shall
submit to the City of Moorpark a check for the filing of the Notice of Determination on
the Negative Declaration or Environmental Impact Report and County Administrative
Fee, made payable to the County of Ventura, in compliance with Fish and Game Code
and County procedures.
32. Crossing Guard: Prior to recordation of any Phased Final Map or prior to the issuance
of a building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a crossing
guard for five years at the then current rate, plus the pro-rata cost of direct supervision
of the crossing guard location and staff's administrative costs (calculated at fifteen
percent (15%) of the above costs). This applies to residential project of ten (10) or
more units and commercial project of greater than 5,000 square feet.
33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of
a Zoning Clearance for building permit, the applicant shall pay to the Community
Development Department the citywide Storm Drain Discharge Maintenance Fee in
accordance with City Council adopted Storm Drain Discharge Maintenance Fee
requirements in effect at the time of building permit application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide notice of
its construction schedule to all persons holding a valid cable television franchise
issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of
construction to allow the Cable Franchisees to coordinate installation of their
equipment and infrastructure with that schedule. The City shall provide the applicant
a list of Cable Franchisees upon request. During construction, the applicant shall
allow the Cable Franchisees to install any equipment or infrastructure (including
conduit, power supplies, and switching equipment) necessary to provide Franchisee's
services to all parcels and lots in the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means other
than a Cable Franchise (including, but not limited to, programming provided over a
wireless or satellite system contained within the Project), the Home Owners
Association (HOA), property owner association or other applicable entity shall pay
monthly to City an access fee of five percent (5%) of gross revenue generated by the
provision of those services, or the highest franchise fee required from any City Cable
Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of
the Moorpark Municipal Code and any successor amendment or supplementary
provision thereto. In the event there is no HOA (e.g. in the case of an apartment
project), then the property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the project by
any means other than by a City Cable Franchise, the City's government channel
shall be available to all units as part of any such service, on the same basis and cost
as if the project was served by a City Cable Franchise. 96
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AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to Residential
Projects)
37. Intentionally Blank.
38. Intentionally Blank.
39. Intentionally Blank.
40. Intentionally Blank.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Community Development Director for
review and approval. The Master Sign Program must be designed to provide
comprehensive on-site sign arrangement and design consistent with the
commercial/industrial center architecture and the City's Sign Ordinance
requirements. (This Condition Applies to Commercial/Industrial and Multi- family
Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet
wall above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commercial/Industrial and Multi-family Residential Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commercial/Industrial and Multi-family Residential Projects)
44. The use of highly-reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly-reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of
darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is
defined as glass with a visible light transmittance (VLT) rating of fifty.
45. (50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but
it must meet reflectance and transmittance requirements as noted above. The
applicant shall provide a sample of the glass to be used, along with information
on the VLR and VLT for review and approval by the Community Development
Director prior to the issuance of building permits.
46. Exterior downspouts are not permitted unless designed as an integral part of the
overall architecture and approved by the City as part of the planned development
permit. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
47. 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. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects) 97
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48. Roof-mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request the submittal of a
noise study for review and approval. The noise study would need to show that
the current project attenuates all on-site noise generation sources to the required
level or provide recommendations as to how the project could be modified to
comply. The noise study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards. (This Condition Applies to
Commercial/Industrial Projects)
49. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, must be
architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
50. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
51. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
52. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the above
requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attorney. (This
Condition Applies to Commercial/Industrial Projects)
53. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading bay
striping must be maintained so that it remains clearly visible during the life of the
development. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
54. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained in
their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
55. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public 98
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Works Director, and must include adequate provisions for drainage, National
Pollution Discharge Elimination System (NPDES) compliance, striping and
appropriate wheel blocks, curbs, or posts in parking areas adjacent to
landscaped areas. All parking, loading and common areas must be maintained at
all times to ensure safe access and use by employees, public agencies and
service vehicles. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
56. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
a) Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), screened from street
view with a masonry wall and/or landscaping as determined by the Community
Development Director. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
b) Bicycle racks or storage facilities, in quantities as required by the Community
Development Director and other City staff and in accordance with the Municipal
Code. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
c) Required loading areas with 45-foot turning radii for loading zones consistent
with the AASHO WB-50 design vehicle and as required by the Community
Development Director, City Engineer and Public Works Director. If drains from
the loading area are connected to the sewer system, they are subject to the
approval of Ventura County Waterworks District No. 1. (This Condition Applies to
Commercial/Industrial Projects)
d) Final exterior building materials and paint colors consistent with the
approved plans under this permit. Any changes to the building materials and
paint colors are subject to the review and approval of the Community
Development Director.
e) Identification of coating or rust-inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the storm
drain system. (This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
f) Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash areas and recycling
bins must use impermeable pavement and be designed to have a cover and so
that no other area drains into it. The trash areas and recycling bins must be
depicted on the final construction plans, the size of which must be approved by
the Community Development Director, City Engineer and Public Works Director
and the City's Solid Waste Management staff. When deemed appropriate, drains
from the disposal and recycling areas must be connected to the sewer system
and subject to the approval of Ventura County Waterworks District No. 1. Review
and approval shall be accomplished prior to the issuance of a Zoning Clearance
for building permit. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
57. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster and to the satisfaction of the City 99
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Engineer and Public Works Director.
58. 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 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.
59. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard and maintain a minimum 5-foot
side-yard property line setback. The Director may approve rear yard locations
where side yard locations are not possible. All air conditioning or air exchange
equipment shall comply with Municipal Code Chapter 17.53 Noise regarding
noise limits for air conditioning or air handling equipment. (This Condition
Applies to Residential Projects)
60. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot
(30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve-foot (12') wide by twenty-
foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be
provided, unless a higher-quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right-of-way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single-family Residential Projects)
61. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected
to the main space-heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs.
(This Condition Applies to Residential Projects)
62. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a
directional roof flow. Water must be conveyed to an appropriate drainage
system, consistent with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
63. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council. 100
Resolution No. PC-2024-705
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More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial/Industrial Projects)
64. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director
consistent with applicable Zoning Code provisions. (This Condition Applies to
Commercial/Industrial Projects)
65. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide
proof that he/she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Permit Modification to the entitlement. (This Condition Applies to
Commercial/Industrial Projects)
66. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
67. 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. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
68. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
69. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
70. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit. (This Condition Applies to
Commercial/Industrial Projects)
71. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy
of any of the buildings, the applicant shall request that the City Council approve
a resolution to enforce California Vehicle Codes (CVC) on the subject property
as permitted by the CVC. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
72. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Community Development Director and City Engineer and Public Works
Director. Phasing shall avoid, to the extent possible, construction traffic
impacts to existing adjacent residential, commercial, industrial areas, schools, 101
Resolution No. PC-2024-705
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parks and other city facilities, if any.
73. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
responsible for initiating on-site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and
coordination and maintenance of a curbside pickup schedule. (This Condition
Applies to Commercial/Industrial and Multi-family Residential Projects)
74. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
75. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
76. Prior to the issuance of a Zoning Clearance for building permits, the applicant
shall submit to the Community Development Director for review and approval,
with the required deposit, three full sets of Landscaping and Irrigation Plans
prepared by a licensed landscape architect and drawn on a plan that reflects
final grading configuration, in conformance with the City of Moorpark
Landscape Standards and Guidelines, policies and NPDES requirements;
including, but not limited to, all specifications and details and a maintenance
plan. Fences and walls must be shown on the Landscape and Irrigation Plans,
including connection, at the applicant's expense, of property line walls with
existing fences and or walls on any adjacent residential, commercial or
industrial properties. The plan must demonstrate proper vehicle sight distances
subject to the review of the City Engineer and Public Works Director and in
accordance with the Zoning Code, and encompass all required planting areas
consistent with these Conditions of Approval. Review by the City's Landscape
Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
77. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, must be installed in accordance with the
current applicable provisions of the Moorpark Municipal Code. 102
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78. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies
to Single-family Residential Projects)
79. Prior to the issuance of a Zoning Clearance for final building permit
(occupancy) the applicant shall install front yard landscaping, including sod,
one fifteen (15) gallon tree and an automatic irrigation system, as approved on
the landscape plans. (This Condition Applies to Single-family Residential
Projects)
80. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by
an electrical engineer registered in the State of California, must be in
conformance with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
81. Landscape plans submitted at the time of entitlement review are conceptual
only. Entitlement approval does not include approval of the specific plant
species on the conceptual landscape plans unless indicated in the Special
Conditions of Approval. Detailed landscaping plans are subject to review and
approval by the Community Development Director for compliance with the
City's Landscape Standards and Guidelines.
82. For project sites adjacent to protected open space or to a conservation area,
none of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
83. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping
is within the street right-of-way or outside of the street right-of-way. Any
parkway landscaping outside of the street right-of-way must be within a
landscape maintenance district.
84. All required landscape easements must be clearly shown on the first Phased
Final Map or on other recorded documents if there is no Final Map.
85. Tree pruning, consisting of trimming to limit the height and/or width of tree
canopy and resulting in a reduction of required shade coverage for the parking
lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and City's designated
arborist. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
86. When available, use of reclaimed water is required for landscape areas subject 103
Resolution No. PC-2024-705
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to the approval of the Community Development Director, the City Engineer and
Public Works Director and Ventura County Waterworks District No. 1.
87. Landscaped areas must be designed with efficient irrigation to reduce runoff
and promote surface filtration and minimize the use of fertilizers and pesticides,
which can contribute to urban runoff pollution. Parking and associated drive
areas with five (5) or more spaces shall be designed to minimize degradation of
storm water quality. Best Management Practice landscaped areas for infiltration
and biological remediation or approved equals, must be installed to intercept
and effectively prohibit pollutants from discharging to the storm drain system.
The design must be submitted to the Community Development Director and
City Engineer and Public Works Director for review and approval prior to the
issuance of a building permit.
88. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
89. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative schedule is approved by
the Community Development Director.
90. 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.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
91. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"Land Development Manual" and "Road Standards" as promulgated by Ventura
County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura
County Watershed Protection District; "Standard Specifications for Public
Works Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
92. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of
Geometric Design of Highways and Streets," most recent edition, as published
by the American Association of State Highway and Transportation Officials. In
the case of conflict between the standards, specifications and design manuals
listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director. 104
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Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
93. Engineering plans must be submitted on standard City title block sheets of 24-
inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
94. A 15-mile per hour speed limit must be observed within all construction areas.
95. If any hazardous waste or material is encountered during the construction of
this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District,
the Moorpark Police Department, and the Moorpark City Engineer and Public
Works Director must be notified immediately. Work may not proceed until
clearance has been issued by all of these agencies.
96. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been
cleaned at least twice a year, once immediately prior to October 1st (the rainy
season) and once in January. Additional cleaning may be required by the City
Engineer and Public Works Director depending upon site and weather
conditions. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
97. 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. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
98. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
99. Prior to any work being conducted within any State, County, or City right-of-
way, the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer and Public Works
Director.
100. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations
must be minimized in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control District (APCD). When
an air pollution Health Advisory has been issued, construction equipment 105
Resolution No. PC-2024-705
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operations (including but not limited to grading, excavating, earthmoving,
trenching, material hauling, and roadway construction) and related activities
must cease in order to minimize associated air pollutant emissions.
101. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
102. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s)
and/or provision of a full time licensed security guard) to prevent unauthorized
persons from entering the work site at any time and to protect the public from
accidents and injury.
103. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
104. All grading and drainage plans must be prepared by a qualified Professional
Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works
Director. Prior to or concurrently with the submittal of a grading plan the
applicant shall submit a soils (geotechnical) report.
105. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
106. Prior to the issuance of a grading permit or first Phased Final Map approval,
whichever comes first, the applicant shall post sufficient surety with the City, in
a form acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions
of Approval and/or the Municipal Code including, but not limited to grading,
street improvements, storm drain improvements, temporary and permanent
Best Management Practice (BMP) for the control of non-point water discharges,
landscaping, fencing, and bridges. Grading and improvements must be
designed, bonded and constructed as a single project.
107. Prior to the issuance of a grading permit or first Phased Final Map approval,
whichever occurs first, the applicant shall provide written proof to the City
Engineer and Public Works Director that any and all wells that may exist or
have existed within the project have been properly sealed, destroyed or
abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991
and per California Department of Conservation, Division of Oil, Gas, and
Geothermal Resources requirements.
108. Prior to issuance of a grading permit, final approved soils and geology reports 106
Resolution No. PC-2024-705
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must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist,
an extra copy of the final report must be provided by the applicant to the City
Engineer and Public Works Director and be sent by the applicant to the
California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
109. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer and Public
Works Director. The report must evaluate all major graded slopes and open
space hillsides whose performance could effect planned improvements. The
slope stability analysis must be performed for both static and dynamic
conditions, using an appropriate pseudo-static horizontal ground acceleration
coefficient for earthquakes on faults, capable of impacting the project in
accordance with standard practice as outlined in DMG Special Publication No.
117, 1997.
110. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as
recommended in the approved remediation plan and associated geotechnical
report, such as placement of a non-liquefiable cap over the alluvium, removal of
the liquefiable soils, in-situ densification, or the excavation of a shear key below
the base of the liquefiable zone. Where liquefaction hazard site conditions exist,
the applicant shall provide an extra copy of the final report to the City Engineer
and Public Works Director and shall send a copy of the report to the California
Department of Conservation, Division of Mines and Geology in accordance with
Public Resources Code Section 2697 within 30 days of report approval.
111. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures
during all construction and grading.
112. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be
retained to prepare Erosion and Sediment Control Plans in conformance with
the currently issued Ventura County Municipal Strom Water NPDES Permit.
These Plans shall address, but not be limited to, construction impacts and long-
term operational effects on downstream environments and watersheds. The
Plans must consider all relevant NPDES requirements and recommendations
for the use of the best available technology and specific erosion control
measures, including temporary measures during construction to minimize water
quality effects to the maximum extent practicable. Prior to the issuance of an
initial grading permit, review and approval by the Community Development
Director and City Engineer and Public Works Director is required.
113. Prior to the import or export of more than one hundred (100) truckloads or one 107
Resolution No. PC-2024-705
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thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with
the currently adopted City of Moorpark Engineering Policies and Standards is
required.
114. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets,
the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development
Director, approximately 18 inches high, with curb outlet drainage to be
constructed behind the back of the sidewalk to prevent debris from entering the
sidewalk or street. The wall must be designed and constructed in conformance
with the City's standard wall detail. All material for the construction of the wall
shall be approved by the City Engineer and Public Works Director and
Community Development Director. Retaining walls greater than 18 inches in
height must be set back two-feet (2') from the back of the sidewalk. This two-
foot (2') area must be landscaped and have no greater than a two percent (2%)
cross fall slope. The slough wall and landscaping design is subject to the
review and approval of the City Engineer and Public Works Director and
Community Development Director.
115. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping,
appropriate to the entry, shall be provided that will not interfere with sight-
distance or turning movement operations. The final design for the project
entrance must be reviewed and approved by the Community Development
Director and the City Engineer and Public Works Director.
116. During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub-drains including their
connections. All fill slope construction must be observed and tested by the
project geotechnical engineer, and the density test results and reports
submitted to the City Engineer and Public Works Director to be kept on file.
Cuts and slopes must be observed and mapped by the project geotechnical
and civil engineers who will provide any required slope modification
recommendations based on the actual geologic conditions encountered during
grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification.
117. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project
geotechnical engineers. These reports must include the results and locations of
all compaction tests, as-built plans of all landslide repairs and fill removal,
including geologic mapping of the exposed geology of all excavations showing
cut cross-sections and sub-drain depths and locations. The lists of excavations
approved by the engineering geologist must also be submitted. Building permits
will not be issued without documentation that the grading and other pertinent
work has been performed in accordance with the geotechnical report criteria
and applicable Grading Ordinance provisions.
118. During grading, colluvial soils and landslide deposits within developed portions
of the properties must be re-graded to effectively remove the potential for 108
Resolution No. PC-2024-705
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seismically-induced landslides in these materials. Additional buttressing, keying
and installation of debris benches must be provided in transition areas between
non-graded areas and development as recommended in the final geotechnical
reports by the project geotechnical engineer.
119. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for
approval by the engineers-of-work and specifically approved in writing by the
City Engineer and Public Works Director.
120. Temporary irrigation, hydroseeding and erosion control measures, approved by
the Community Development Director, City Engineer and Public Works
Director, must be implemented on all temporary grading. Temporary grading is
defined to be any grading partially completed and any disturbance of existing
natural conditions due to construction activity. These measures will apply to a
temporary or permanent grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a period of time greater
than thirty (30) calendar days except that during the rainy season (October 1 to
April 15), these measures will be implemented immediately.
121. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of
special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City
Engineer, Public Works Director, and the Community Development Director.
122. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely
manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting
on each slope must commence immediately upon the completion of the grading
of each slope, that the completion of slope grading will not be artificially delayed
and that the slope soil amendments, irrigation systems and planting must be
completed on a schedule commensurate with the grading. The planting will be
to the satisfaction of the Community Development Director, City Engineer, and
Public Works Director.
123. Grading may occur during the rainy season from October 1 to April 15, subject
to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director
and when erosion control measures are in place. In order to start or continue
grading operations between October 1 and April 15, project-specific erosion
control plans that provide detailed Best Management Practices for erosion
control during the rainy season must be submitted to the City Engineer and
Public Works Director no later than September 1 of each year that grading is in
progress. During site preparation and construction, the contractor shall
minimize disturbance of natural groundcover on the project site until such
activity is required for grading and construction purposes. During the rainy
season, October 1 through April 15, all graded slopes must be covered with a 109
Resolution No. PC-2024-705
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woven artificial covering immediately after completion of each graded slope.
Grading operations must cease if the applicant fails to place effective best
management measures on graded slopes immediately after construction. No
slopes may be graded or otherwise created when the National Weather Service
local three-day forecast for rain is twenty percent (20%), or greater, unless the
applicant is prepared to cover the permanent and temporary slopes before the
rain event. The artificial covering and planting will be to the satisfaction of the
Community Development Director, City Engineer, and Public Works Director.
124. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent
ground cover/seeding, street sweeping, and covering loads of dirt. All clearing,
grading, earth moving, excavation, soil import and/or soil export operations
must cease during periods of high winds (greater than 15 mph averaged over
one hour).
125. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
126. Soil testing for trench compaction must be performed on all trenching and must
be done not less than once every two feet (2') of lift and one-hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations
and street stationing with offsets from street centerlines.
127. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as-graded geotechnical report and a rough grading
certification for said lot and final soils report compiling all soils reports,
addendums, certifications, and testing on the project for review and approval by
the City Engineer and Public Works Director.
128. Prior to issuance of the first building permit, the project's engineer shall certify
that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
129. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to
commencement of grading or construction, the applicant shall prepare a notice
that grading or construction work will commence. This notice shall be posted at
the site and mailed to all owners and occupants of property within five-hundred
feet (500') of the exterior boundary of the project site, as shown on the latest
equalized assessment roll. The notice must include current contact information
for the applicant, including all persons with authority to indicate and implement
corrective action in their area of responsibility, including the name of the contact
responsible for maintaining the list. The names of individuals responsible for
noise and litter control, tree protection, construction traffic and vehicles, erosion
control, and the twenty-four (24) hour emergency number, must be expressly
identified in the notice. The notice must be re-issued with each phase of major
grading and construction activity. A copy of all notices must be concurrently 110
Resolution No. PC-2024-705
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transmitted to the Community Development Department. The notice record for
the City must be accompanied by a list of the names and addresses of the
property owners notified and a map identifying the notification area.
130. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where
appropriate to minimize expansive soil effects on structures: potential
foundation systems to include pier and grade beam; use of structural concrete
mats and post-tensioned slabs; pad overcutting to provide uniform swell
potential; and soil subgrade moisture treatment.
131. Prior to issuance of building permits, chemical testing of representative building
pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures
must be implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
132. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential thickness
of the fill under individual buildings may not be greater than ten (10) feet. These
measures must be verified by construction observation and testing by the
project geotechnical engineer as outlined in the final geotechnical reports and
approved by the City Engineer and Public Works Director.
133. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer
during the final design stage. Possible measures that may be required based
on the settlement data include surcharging, delaying construction for a period of
time before constructing on deep fills, or allowing for the predicted settlement in
the design of the project components.
134. Transfer of responsibility of California Registered Civil Engineer in charge for
the project must be in accordance with rules and guidelines set forth pursuant
to Rules of the Board for Professional Engineers and Land Surveyors,
California Code of Regulations, Title 16, Division 5, Board Rule 404.1,
Subsections (c) and (d), that speak to Successor Licensee and Portions of
Projects.
Applicant has full right to exercise the service of a new engineer in charge at
any time during a project. When there is a change in engineer, the
applicant/owner shall notify the City Engineer and Public Works Director in
writing within 48 hours of such change. Said letter shall specify successor
California Registered Civil Engineer and shall be stamped and signed and
dated by said engineer in responsible charge and shall accept responsibility of
project. The letter will be kept on file at the City.
FINAL MAP 111
Resolution No. PC-2024-705
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135. The Phased Final Maps must be prepared in accordance with the latest copy of
the, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Comer Records" as published by the Public Works Agency of the
County of Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the subdivision within the City.
The Phased Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the corner, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
136. Concurrently with the submittal of each Phased Final Map, the applicant shall
submit a current (dated within the last ninety (90) days) preliminary title report
to the City Engineer and Public Works Director, which clearly identifies all
interested parties, lien holders, lenders and all other parties having any record
title interest in the real property being subdivided. The preliminary title report
must identify the holders of any easements that affect the subdivision and
contain the vesting deeds of ownership and easements. Thirty (30) days prior
to the submittal of the Phased Final Map Mylar® sheets, the applicant shall
provide the City Engineer and Public Works Director, a subdivision guarantee
policy of the property within the Phased Final Maps and preliminary title report
for each area of easement proposed to be obtained for grading or construction
of improvements.
137. Prior to or concurrently with the submittal of each Phased Final Map, the
applicant shall provide written evidence to the City Engineer and Public Works
Director that a copy of the conditionally approved Tentative Map together with a
copy of Section 66436 of the State Subdivision Map Act has been transmitted
to each public entity or public utility that is an easement holder of record. The
applicant shall obtain subordination of senior rights of easement from any such
public utility in favor of the City.
138. At least one-hundred-twenty (120) days prior to the filing of each Phased Final
Map, if any improvement which the applicant is required to construct or install is
to be constructed or installed upon land in which the applicant does not have
title or interest sufficient for such purposes, the applicant shall comply with all of
the requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of each Phased Final
Map the applicant shall provide the City with an executed offsite property
acquisition agreement in a form acceptable to the Community Development
Director, City Attorney, and City Manager. As a part of the notification to the
City required by that section, the applicant shall provide the City a deposit in an
amount approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary.
During the time between notice of insufficiency of deposited funds and payment
of said insufficiency, the time limits of Section 66462.5 shall toll. 112
Resolution No. PC-2024-705
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139. Prior to the first Phased Final Map approval, the applicant shall obtain City
Engineer and Public Works Director approval of all required public improvement
and grading plans. The applicant shall enter into an agreement with the City of
Moorpark to complete grading, public improvements and subdivision
monumentation and post sufficient surety guaranteeing the construction and
maintenance of grading all public improvements, and private street and storm
drain improvements; construction and post construction NPDES Best
Management Practice; and subdivision monumentation in a form and in an
amount acceptable to the City Engineer. The plans must be prepared by a
California Registered Civil Engineer and sureties must meet the City's
requirements for sureties and must remain in place for one year following final
acceptance of the improvements by the City or until such time that the City
Council shall approve their redemption, whichever is the longer.
140. Prior to the first Phased Final Map approval, the applicant shall post sufficient
surety in an amount acceptable to the Community Development Director, City
Engineer, Public Works Director and in a form approved by City Attorney
guaranteeing the payment of laborers and materialsmen in an amount no less
than fifty percent (50%) of the faithful performance surety.
141. Prior to each Phased Final Map approval and upon submittal of the Final Map
Mylar® sheets, the applicant shall provide the City Engineer and Public Works
Director electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
142. Upon recordation of each Phased Final Map(s) the applicant shall forward a
photographic process copy on 3-mil polyester film of the recorded Map(s) to the
City Engineer and Public Works Director.
143. All lot-to-lot drainage easements or secondary drainage easements must be
delineated on each Phased Final Map. Assurance in the form of an agreement
must be provided to the City that these easements will be adequately
maintained by the property owners to safely convey stormwater flows. Said
agreement must be submitted to the City Engineer and Public Works Director
and City Attorney for review and approval and must include provisions for the
owners association to maintain any private storm drain not maintained by a
City Assessment District in conformance with the NPDES. The agreement
must be a durable agreement that is binding upon each property owner of each
lot and successors in interest.
144. Prior to any Phased Final Map approval, the applicant shall fully complete the
"Final Map Processing Procedures" as outlined in Moorpark Administrative
Procedure (MAP) CD-18, available from the Community Development
Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
145. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and 113
Resolution No. PC-2024-705
Page 42
enter into an agreement with the City of Moorpark to complete public
improvements, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
146. Prior to issuance of the first Certificate of Occupancy (final or temporary), all
existing and proposed utilities, including electrical transmission lines less than
67Kv, must be under-grounded consistent with plans approved by the City
Engineer, Public Works Director and Community Development Director. Any
exceptions must be approved by the City Council.
147. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within
or on multi-purpose trails.
148. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each
sheet. In addition, the applicant shall provide an electronic file update of the
City's Master Base Map electronic file, incorporating all streets, sidewalks,
street lights, traffic control facilities, street striping, signage and delineation,
storm drainage facilities, water and sewer mains, lines and appurtenances and
any other utility facility installed for this project.
149. The street improvement plans must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771,
all recorded monuments in the construction area will be protected in place
during construction, or have been located and tied with no fewer than four (4)
durable reference monuments, which will be protected in place during
construction. Copies of all monument tie sheets must be submitted to the City
on reproducible 3-mil polyester film.
150. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City Engineer
and Public Works Director.
151. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies
and Standards. The geotechnical or soil reports must address the need for
possible sub-drainage systems to prevent saturation of the pavement structural 114
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section or underlying foundation. An additional one and one-half inch (1-1/2")
thick rubberized asphalt pavement must be added to the structural section for
public streets. This additional pavement may not be used in determining the
required structural section.
152. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four-inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
153. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works
Director, drainage plans with the depiction and examination of all on-site and
off-site drainage structures and hydrologic and hydraulic calculations in a
bound and indexed report prepared by a California Registered Civil Engineer.
154. Drainage improvements must be designed so that after-development, drainage
to adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100
year storms, nor will surface runoff be concentrated by this project. Acceptance
of storm drain waters by the project and discharge of storm drain waters from
the project must be in type, kind and nature of predevelopment flows unless the
affected upstream and/or downstream owners provide permanent easement to
accept such changed storm drainage water flow. All drainage measures
necessary to mitigate stormwater flows must be provided to the satisfaction of
the City Engineer and Public Works Director. The applicant shall make any on-
site and downstream improvements, required by the City, to support the
proposed development.
155. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown
in the General Plan. Quantities of water, water flow rates, major watercourses,
drainage areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES facilities and drainage
courses must be addressed.
156. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10-year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction
available during a 10-year frequency storm.
157. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs
per the latest issued Ventura County Municipal Storm Water NPDES Permit.
158. The hydraulic grade line within any catch basin may not extend higher than
nine inches (9") below the flow line grade elevation at the inlet.
159. No pressure manholes for storm drains are allowed unless specifically 115
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approved in writing by the City Engineer and Public Works Director. If
permitted, all storm drain lines under water pressure must have rubber gasket
joints.
160. All manhole frames and covers shall have a thirty inch (30") minimum diameter.
This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
161. The Q50 storm occurrence must be contained within the street right-of-way.
162. The maximum velocity in any storm drain system may not exceed twenty feet (20')
per second.
163. All detention and debris structures that fall under the definition of being a dam
must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
164. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or
equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails.
165. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, theRCPdelivered to project site must have the D-
LOAD specified on the RCP.
166. The grading plan must show distinctive lines of inundation delineating the 100-
year flood level.
167. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices
are to be deposited directly into the storm drain system unless an alternative
has been approved by the City Engineer and Public Works Director. Storm
drain and related easements outside the public right-of-way are to be privately.
maintained unless otherwise approved by the City Council.
168. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to
the extent possible must incorporate natural structure and landscape to blend in
with the surrounding material.
169. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
170. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer and Public Works Director.
171. The applicant shall demonstrate, for each building pad within the development
area, that the following restrictions and protections can be put in place to the
satisfaction of the City Engineer and Public Works Director:
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a. Adequate protection from a one-hundred (100) year frequency storm;
b. Feasible access during a fifty (50) year frequency storm.
c. Elevation of all proposed structures within the one-hundred (100) year
flood zone at least one (1') foot above the one-hundred (100) year flood
level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer
and Public Works Director. Development projects within a 100 year flood zone
may require a Conditional Letter of Map Revisions (CLOMR) and Letter of
Map Revision (LOMR) as determined by the City Engineer and Public Works
Director.
172. The storm drain system must be designed with easements of adequate width
for future maintenance and reconstruction of facilities, particularly facilities
deeper than eight feet (8'). In addition, all facilities must have all-weather
vehicular access.
173. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
174. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works
Director.
175. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and
Public Works Director. Easements must provide sufficient room for
reconstruction of the storm drain systems and provide all weather access
within the easement, to all manholes, inlets, outlets and any other structure
that requires maintenance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
176. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is
acceptable to the City Engineer and Public Works Director. The designated
NPDES person (superintendent) shall be present, on the project site Monday
through Friday and on all other days when the probability of rain is forty percent
(40%) or greater and prior to the start of and during all grading or clearing
operations until the release of grading bonds. The superintendent shall have
full authority to rent equipment and purchase materials to the extent needed to
effectuate Best Management Practices. The superintendent shall be required
to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
177. Prior to the issuance of any construction/grading permit and/or the 117
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commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall
comply with the California Best Management Practices Construction
Handbook, published by the California Stormwater Quality Association. The
SWPCP must be submitted, with appropriate review deposits, for the review
and approval of the City Engineer and Public Works Director. The SWPCP
must identify potential pollutant sources that may affect the quality of
discharges and design the use and placement of Best Management Practices
(BMPs) to effectively prohibit the entry of pollutants from the construction site
into the storm drain system during construction. Erosion control BMPs, which
include wind erosion, dust control, and sediment source control BMPs for both
active and inactive (previously disturbed) construction areas are required.
178. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works·
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
179. 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 118
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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).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
180. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall
submit a Notice of Intent (NOi) to the California State Water Resources Control
Board, Stormwater Permit Unit in accordance with the latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall 119
Resolution No. PC-2024-705
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also provide a copy of the Notice of Intent (NOi) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
grading plans shall contain the Waste Discharge Identification number for
the project.
181. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
182. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
183. Prior to the issuance of a Building Permit, the applicant shall provide written
proof that an "Unconditional Will Serve Letter'' for water and sewer service has
been obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
184. Prior to issuance of a Zoning Clearance for building permit, a Ventura County
Air Pollution Control District (APCD) "Authority to Construct" shall be obtained
for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205).
Final Certificate of Occupancy shall not be granted until compliance with all
applicable APCD Rules & Regulations has been satisfactorily demonstrated.
(This Condition Applies to Commercial/Industrial Projects)
185. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of
persons or to the public or which endangers the comfort, repose, health or
safety of any such persons or the public or which cause or have a natural
tendency to cause injury or damage to business or property." (This Condition
Applies to Commercial/Industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
186. Prior to combustible construction, an all weather access road/driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty-foot (20') clear width access
road/driveway must remain free of obstruction during any construction activities
within the development. All access roads/driveways must have a minimum
vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside
turning radius of forty feet (40'). Approved turnaround areas for fire apparatus
must be provided when dead-end Fire District access roads/driveways exceed
150-feet. Turnaround areas may not exceed a five percent cross slope in any 120
Resolution No. PC-2024-705
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direction and must be located within one-hundred-fifty feet (150') of the end of
the access road/driveway.
187. The access road/driveway must be extended to within one-hundred-fifty feet
(150') of all portions of the exterior wall of the first story of any building and
must be in accordance with Fire District access standards. Where the access
roadway cannot be provided, approved fire protection system or systems must
be installed as required and acceptable to the Fire District.
188. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight-hundred feet (800').
189. Public and private roads must be named if serving more than four (4) parcels or
as required by the Fire District. All street naming shall be in accordance with
currently adopted City Council policy.
190. Approved walkways must be provided from all building openings to the public
way or Fire District access road/driveway.
191. Structures exceeding three stories or forty-eight-feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy-five-feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
192. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
193. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
194. Gating of private streets or parking areas must meet the requirements of
Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory
and supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
195. Prior to recordation of each Phased Final Map(s), proposed street name(s)
must be submitted to the Community Development Director and the Fire
District's Mapping Unit for review and approval. Approved street names must
be shown on the Phased Final Map(s). Street name signs must be installed in
conjunction with the road improvements. The type of sign must be in
accordance with Plate F-4 of the Ventura County Road Standards.
196. At least fourteen (14) days prior to recordation of any maps, including parcel
map waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
197. Within seven (7) days of the recordation of any Phased Final Map(s) an
electronic version of the map must be provided to the Fire District.
198. Prior to any Phased Final Map or prior to the issuance of a building permit,
whichever comes first, the applicant shall provide to the Fire District, written
verification from the water purveyor that the water purveyor can provide the 121
Resolution No. PC-2024-705
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required fire flow as determined by the Fire District.
DEVELOPMENT REQUIREMENTS
199. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall submit a plan to the Fire District for review and approval
indicating the method by which this project will be addressed.
200. Minimum six-inch (6") high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where
structures are set back more than one-hundred-fifty feet (150') from the street,
larger numbers are required so that they are distinguishable from the street. In
the event a structure(s) is (are) not visible from the street, the address
numbers(s) must be posted adjacent to the driveway entrance on an elevated
post.
201. Prior to combustible construction, fire hydrants must be installed to the
minimum standards of the City of Moorpark and the Fire District, and must be in
service.
202. Prior to occupancy of any structure, blue reflective hydrant location markers
must 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 must still be installed and replaced when the final asphalt cap is
completed.
203. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1
and R-2 Occupancies must be submitted, with payment for plan check, to the
Fire District for review and approval. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
204. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes)
to the Fire District.
205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW-AWAY" in accordance with California Vehicle Code and the Fire District.
206. Prior to or concurrently with the issuance of a building permit, the applicant
shall submit plans to the Fire District showing the location of the existing
hydrants within three-hundred feet (300') of the proposed project and showing
the location, type and number of proposed hydrants, and the size of the outlets.
Fire hydrant(s) shall be provided in accordance with current adopted edition of
the Uniform Fire Code, Appendix 111-8 and adopted amendments. On-site fire
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, must be installed and in service prior to combustible construction and
must conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
207. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by
a fire alarm system in accordance with Fire District requirements. 122
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208. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system must be installed in all buildings in
accordance with California Building and Fire Code.
209. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
210. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
211. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire
Code. The placement of extinguishers is subject to review and approval by the
Fire District. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
212. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
213. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water
and sewer services for applicant's projects within the District.
214. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
c. Copy of fire hydrant location approvals by Ventura County Fire Protection
District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
215. At the time water service connection is made, cross connection control devices
must be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
216. Direct storm drain connections to Ventura County Flood Control District
facilities are subject to Ventura County Watershed Protection District permit
requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the 123
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following condition:
217. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services.
To the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations must be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to
defensible space design concepts.
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SPECIAL CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01
AND VESTING TENTATIVE TRACT MAP NO. 5882
SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT
NO. 2016-01
1. This planned development permit will expire on October 4, 2037, unless
the use has been inaugurated by issuance of a building permit for
construction. No further extensions shall be granted for the planned
development permit.
2. Any future homeowner improvements to the individual homes and the
exclusive use area shall follow the City’s Multifamily Residential (R-3)
zone Development Standards. Said standards shall be incorporated into
the Covenants, Conditions and Restrictions for this project.
3. In the Fuchsia single-family detached home neighborhood (Lots 1-153)
the following standards shall apply:
- The minimum lot area is 3,290 square feet.
- The front yard setback for each unit shall not be less than eight (8)
feet for living space and (10) feet for garages that are side entry
and eighteen (18) feet for garages that are front entry.
- The rear yard setback for each unit shall not be less than twelve
(12) feet, except for attached unenclosed patio covers, which shall
have a minimum five (5) foot setback.
- Interior side yard setbacks shall not be less than five (5) feet.
There shall be no less than three (3’) feet of unobstructed
clearance between side yard block walls and allowable side yard
protrusions from the house, which may only be located on one side
yard of the property.
- Street side yard setbacks for each unit shall not be less than ten
(10) feet.
- Building height shall not exceed thirty-five (35) feet for the dwelling
unit and fifteen (15) feet for accessory structures.
- All other development standards shall be consistent with those for
RPD zones as provided in Title 17 of the Moorpark Municipal Code.
4. In the Verbena detached condominium neighborhood (Lots 155-162/Units
1-131) the following standards shall apply:
- The front yard setback for each unit shall not be less than five (5)
feet from common areas.
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- The rear yard setback for each unit shall not be less than three (3)
feet from common driveways.
- Side yard setbacks between units shall not be less than ten (10)
feet.
- Side yard setbacks between units and common driveways shall not
be less than eight (8) feet.
- Building height shall not exceed thirty-five (35) feet for the dwelling
unit and fifteen (15) feet for accessory structures.
- Each unit shall include an unenclosed parking space reserved for
that unit with a minimum width of nine (9) feet and minimum depth
of eighteen (18) feet, in addition to required enclosed parking of two
(2) spaces per unit.
- A minimum of 0.5 spaces per unit guest parking shall be provided
in locations dispersed throughout the condominium neighborhood.
- All other development standards shall be consistent with those for
RPD zones as provided in Title 17 of the Moorpark Municipal Code.
5. A soundwall shall be constructed adjacent to the Los Angeles Avenue
right-of-way. It shall be no less than eight (8’) feet in height, when
measured from inside of the project, and constructed with tan-colored
slumpstone with matching mortar. The final design and height is to be
approved by the Community Development Director and City
Engineer/Public Works Director, subject to ultimate pad elevations.
6. A fence/wall plan is required. Location, design, material and height of all
fences and walls shall be approved by the Community Development
Director. Side and rear yard property line walls shall be a minimum height
of six (6’) feet from the highest finished grade and constructed out of tan-
colored slumpstone with tan-colored mortar. Residential properties
adjacent to the Arroyo Simi shall have solid walls separating the property
from the Arroyo. A combination block/tube steel wall with pilasters spaced
no less than thirty (30) feet apart shall be used where common driveways
and passive detention facilities are located adjacent to the Arroyo Simi.
7. Architectural enhancements, such as window reveals and plant-ons are
required on all side and rear elevations subject to the approval of the
Community Development Director.
8. Intentionally blank.
9. There shall be no storage of recreational vehicles of any type on any lot,
driveway, or street within the subdivision. This requirement shall be
reflected on the Homeowner’s Association (HOA) Covenants, Conditions,
and Restrictions (CCR’s).
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10. There shall be no parking within the 25-foot driveways in the detached
condominium (Verbena) area. “No Stopping at Any Time” signs shall be
installed or curbs painted red at the sole cost of the applicant to the
satisfaction of the Ventura County Fire Protection District and the City
Engineer/Public Works Director.
11. Front yards of all homes within the “Fuchsia” development shall be
landscaped, irrigated, and maintained by the Homeowner’s Association.
12. All remainder areas not designated for homeowner use or vehicular
maneuvering shall be landscaped, irrigated, and maintained by the
Homeowner’s Association as common area subject to the review and
approval of the Community Development Director. All homeowners will be
notified of street parking restrictions prior to purchase. Parking restrictions
shall be made part of disclosure documents and Covenants, Conditions,
and Restrictions (CCRs) in form to the satisfaction of the City Attorney and
Community Development Director.
13. Side by side houses of the same floor plan must use different architectural
styles and color palettes, subject to review and approval of the Community
Development Director.
14. Final colors and materials must be reviewed and approved to include a
minimum of three color schemes per architectural style subject to review
and approval of the Community Development Director.
15. Painted and decorative sectional roll up garage doors shall be provided.
Such garage doors shall include garage window glazing, compatible with
the architectural style of each home.
16. Durable materials are required for trim on the ground floor levels of the
homes, such as wood window trim, or ¼” minimum cementous stucco coat
over foam.
17. Final plotting of the homes shall be submitted for review and approval of
the Community Development Director prior to the issuance of the first
building permit.
18. Any proposed change to the Architecture shall be considered by the
Community Development Director upon filing of a Permit Adjustment
application and payment of the fee in effect at the time of application.
19. Standards for patio covers and trellises shall be included in the
Homeowner’s Association Covenants, Conditions, and Restrictions.
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20. Noise attenuating construction shall be required on all units affected by
the noise generated from Los Angeles Avenue to the satisfaction of the
Community Development Director. At a minimum the following items shall
be provided:
Units facing Los Angeles Avenue in the first row of homes nearest the
roadway in VTTM 5882 (West) will require upgraded windows, as follows:
a. For all first row units, first floor windows will require STC rating
greater than or equal to 26.
b. For all first row units with a building setback greater than 15 feet
from property line wall, second floor windows will require STC
rating greater than or equal to 33
c. For all first row units with a building setback of 15 feet or less
from property line wall, second floor windows will require an STC
rating greater than or equal to 34
Units facing Los Angeles Avenue in VTTM 5882 (East) will require upgraded
windows, as follows:
a. Corner lots 1 and 51 will require second floor windows facing Los
Angeles Avenue to have STC rating greater than or equal to 33.
b. For all other first row units facing Los Angeles Avenue, second
floor windows will require STC rating greater than or equal to 32.
c. For all 3-story second row units facing Los Angeles, third floor
windows will require STC rating greater than or equal to 32.
d. For all 3-story third row units facing Los Angeles, third floor
windows will require STC rating greater than or equal to 30.
The mechanical ventilation system shall be capable of providing two (2) air
changes per hour in habitable rooms with a minimum of 15 cubic feet per minute
of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating
construction and shall consist of a minimum of ten (10) feet of straight or curved
duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent
roadways, if applicable, should include an acoustical baffle, or the attic floor
(including the access panel) should be fully insulated to prevent vehicle noise
intrusion.
28. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the intersecting roadway. A
minimum clear open width of fifteen (15’) feet in each direction shall be
provided for separate entry/exit gates and a minimum twenty (20) for
combined entry/exit gates. If gates are to be locked, a Knox system
shall be installed. The method of gate control, including operation
during power failure, shall be subject to review by the Fire Protection
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District. Gate plan details shall be submitted to the Fire Protection
District for approval prior to installation. A final acceptance inspection by
the Fire Protection District is required prior to placing any gate into
service. Signage is required for the gate at the western end of the
project site that it is only to be used for emergency exiting to the
satisfaction of the Fire Protection District and City Engineer/Public
Works Director.
29. LED street lights shall be used within the project, to be owned and
maintained by the Homeowners Association. Design of street lighting
shall be to the satisfaction of the Community Development Director and
City Engineer/Public Works Director to ensure consistency with future
LED street lighting to be used in the City.
30. Prior to issuance of building permits, the plans shall be submitted to the
Police Department for Crime Prevention Through Environmental Design
(CPTED) review and recommendations.
SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP
NO. 5882
1. Vesting Tentative Tract Map No. 5882 is approved per the submitted
tentative map as modified by the conditions contained in this resolution.
2. This subdivision shall expire on October 4, 2037, unless all Phased Final
Maps have been approved and recorded.
3. Up to a maximum of 284 dwelling units may be developed under this
entitlement, including 153 single-family lots and 131 detached
condominium units.
4. Prior to issuance of a Zoning Clearance for the first building permit or the
approval of the first phased final map for the Project: the developer shall
pay the City a Fifty Thousand Dollar ($50,000) Community Facility District
(CFD) Formation Deposit. The District shall be for the purposes of funding
future costs for the maintenance of landscaping and irrigation of the
landscaped area and related improvements including but not limited to
block walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy
Road and the southern boundaries of the Project (Arroyo Simi). The City
shall administer the annual renewal of the CFD, and any costs related to
such administration shall be charged to the fund established for such CFD
revenues and expenses.
5. Prior to approval of any phased final map for the Project, the developer
shall provide a Subdivision Improvement Agreement for review and
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approval by the City Council consistent with Section 66462 of the
Government Code.
6. The applicant shall provide a grading and construction schedule showing
routing for grading and development from Los Angeles Avenue and Leta
Yancy Road.
7. Within thirty calendar days of submittal of the first plan check for the first
Phased Final Map the applicant shall provide a copy of the Covenants,
Conditions, and Restrictions (C.C.&R.’s) to the Community Development
Director and the City Attorney for review and approval to ensure
consistency with the Moorpark Municipal Code, Vesting Tentative Tract
Map No. 5882 and Residential Planned Development Permit No. 2016-01,
as conditioned. Submittal shall include a $5,000.00 deposit to be used for
the City Attorney’s cost of review.
8. Improvements along Los Angeles Avenue shall include conduit behind the
sidewalk for future use for broadband to the satisfaction of the City
Engineer/Public Works Director.
9. Leta Yancy Road shall be improved to its ultimate width along its entire
project frontage, including the frontage of the 1.64 acres to be conveyed to
the City. Improvements shall include roadway, bike lane, gutter, curb and
sidewalk and undergrounding of utilities, all to City standards to the
satisfaction of the City Engineer/Public Works Director.
10. Concurrent with map recordation, the applicant shall provide, as part of
the street improvement plans, a public service easement within the private
streets, subject to approval of the Community Development Director and
City Engineer/Public Works Director.
11. An access rights easement shall be offered to the City of Moorpark from
all lots fronting on Los Angeles Avenue and the Arroyo Simi. The
C.C.&R.’s shall include a provision that property line walls along the
perimeter of the project, including the Los Angeles Avenue frontage and
the Arroyo Simi frontage may not be removed or modified to create a gate
or similar access opening in violation of the City of Moorpark access rights
easement.
12. Specific locations shall be labelled as Fire Lanes per California Vehicle
Code Section 22500.1 to the satisfaction of the City Engineer/Public
Works Director and Ventura County Fire Protection District. Streets where
curbside parking is proposed shall meet all standards of the Ventura
County Fire Protection District for emergency vehicle access.
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13. The C.C.&R.’s shall include a requirement that garages in each unit be
maintained for the parking of vehicles.
14. The applicant shall create a storm drainage easement and install
permanent drainage improvements to convey storm water from State
Highway 118 to the satisfaction of the City Engineer/Public Works
Director. Upon completion of that work, the applicant shall abandon those
temporary drains to the satisfaction of the City Engineer/Public Works
Director.
15. Prior to the issuance of any building permit in the FEMA identified 100-
year floodplain A Federal Emergency Management Agency (FEMA)
approved Conditional Letter of Map Revision (CLOMR) shall be provided
to the City Engineer/Public Works Director.
16. Prior to the issuance of the first building permit, the Developer shall
provide the City with a written request for the City to adopt a resolution
authorizing enforcement of applicable provisions of the California Vehicle
Code and Moorpark Municipal Code.
17. The Developer shall comply with all mitigation measures of the Mitigated
Negative Declaration. Said mitigation measures are hereby adopted by
reference and made Conditions of Approval.
18. Initial buyers shall be made aware of the future use of the 1.64 acre site
for affordable housing, the potential construction of a public recreational
trail along Arroyo Simi and the potential future expansion of improvements
to Arroyo Vista Community Park, which may include additional
recreational fields, lighting and use of the existing bridge for vehicles.
Notification shall be in a form to the satisfaction of the Community
Development Director.
19. Improvements to Los Angeles Avenue as part of the project shall include a
bus turnout, a deceleration/acceleration lane at the main project entrance,
and parkway landscaping in front of the soundwall to the satisfaction of the
City Engineer/Public Works Director. If directed by the City Council and
approved by Caltrans, the applicant shall, at its sole cost and expense,
install a traffic signal at the intersection of Los Angeles Avenue (SR118)
and Shasta Avenue/Project entrance. Final design, plans and
specifications shall be as approved by the City Council and Caltrans and
shall include an interconnect system. The applicant shall also pay City’s
costs for plan check and inspection plus City administrative costs. Should
Caltrans not allow a deceleration lane; the City Engineer will authorize the
construction of a longer curb radius at the Los Angeles Avenue/Shasta
Avenue entry, to allow for a smoother transition.
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20. A Traffic Systems Management fee shall be paid, on a per home basis,
consistent with such fee paid for Vesting Tentative Tract Map 5882, or in
effect at the time of building permit issuance, or as specified in any
development agreement adopted for this project.
21. Sidewalks shall be provided on both sides of all private streets within the
tract (not including common driveways to garages in the Verbena
neighborhood).
22. Water impoundment(s) shall be maintained in a manner which will not
create mosquito breeding sources.
23. Prior to or concurrently with approval of the first Phased Final Map the
applicant shall grant the City public access easements to the Arroyo Simi
for future trail and recreational purposes. The exact location of said
easements will be subject to the approval of the Community Development
Director and the City Engineer. Concurrent with the completion of the
southerly block fence/wall the applicant shall install a gate in the southern
project boundary fence/wall for access to the Arroyo by the public in the
event that a trail or recreational facility is installed along the Arroyo. The
gate shall be locked until such time as a trail or such facility is installed
and access is granted.
24. A conduit for future installation of high speed internet service shall be
installed behind the right-of-way on Los Angeles Avenue and Leta Yancy
Road, and throughout the development, subject to review and approval of
the City Engineer and Community Development Director.
25. The applicant shall record an easement or other instrument prohibiting
private openings of perimeter walls or fences onto Los Angeles Avenue,
Leta Yancy Road, the Arroyo Simi, or adjacent private properties subject
to review and approval of the City Engineer and Community Development
Director. This restriction shall be reiterated in the Covenants, Conditions
and Restrictions for this project.
- END -
132
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING THE FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 2016-01 BETWEEN
THE CITY OF MOORPARK AND M.P. GROUP LLC,
MOORPARK HOMES LLC, AND CLP INVESTMENT LLC,
ALLOWING THE PAYMENT OF AN IN-LIEU FEE FOR THE
PROJECT’S AFFORDABLE HOUSING OBLIGATION,
ELIMINATING THE ON-SITE AFFORDABLE HOUSING
OBLIGATION, AND MAKING OTHER ADJUSTMENTS TO
THE DEVELOPMENT AGREEMENT, AND MAKING A
DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State
Planning and Zoning Law provides that cities may enter into contractual obligations
known as Development Agreements with persons having equitable interest in real
property for development of that property; and
WHEREAS, on April 15, 2016, M.P. Group LLC, Moorpark Homes, LLC and CLP
Investment LLC, (“Owners”) known collectively as Pacific Communities (“Applicant”),
applied to the City for entitlements to build a residential project including 284 residential
dwelling units on the properties located on Los Angeles Avenue and Leta Yancy Road
(APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-205,
506-0-030-255, and 506-0-030-245) (“Project Site”) in the City of Moorpark (the “City”)
(the “Project”); and
WHEREAS, on August 22, 2017, the Planning Commission adopted Resolution
No. PC-2017-620, recommending the City Council determine the Project consistent with
the General Plan per Government Code 65402, adopt the Project Mitigated Negative
Declaration (“MND”) and approve General Plan Amendment No. 2016-01, Zone Change
No. 2016-01, Residential Planned Development (“RPD”) No. 2016-01, Vesting Tentative
Tract Map (“VTTM”) No. 5882, and Development Agreement No. 2016-01 (“DA”); and
WHEREAS, on September 20, 2017, the City Council adopted Resolution Nos.
2017-3626 and 2017-3627, adopting a MND and Mitigation Monitoring and Reporting
Program (MMRP) for the Project, approving General Plan Amendment No. 2016-01, Zone
Change No. 2016-01, RPD No. 2016-01, and Vesting Tentative Tract Map No. 5882, for
a residential development consisting of 284 residential units and associated land
improvements located on 38.73 acres of land located on the south side of Los Angeles
Avenue and the west side of Leta Yancy Road on an application of the Applicant, and
finding the Project consistent with the General Plan per Government Code 65402; and
ATTACHMENT 4
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WHEREAS, on October 4, 2017, the City Council adopted Ordinance No. 453
approving Zone Change No. 2016-01 to change the zoning on the Project Site from
Commercial Planned Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and
Open Space, and adopted Ordinance No. 454, approving DA No. 2016-01; and
WHEREAS, on September 20, 2017, the City Council adopted Resolution No.
2017-3627 approving Residential Planned Development Permit No. 2016-01 and
associated Conditions of Approval; and
WHEREAS, on October 4, 2017, the DA was executed by the City of Moorpark
and the Owners, and the DA was recorded on October 10, 2017, by Instrument No.
20171011-00132051-0; and
WHEREAS, on April 13, 2023, the Applicant applied for the First Amendment to
the DA (“Exhibit A”) and Amendments to the Conditions of Approval for Residential
Planned Development Permit No. 2016-01 and has agreed to the terms as outlined in the
First Amendment to the DA and amendments to the Conditions of Approval for Residential
Planned Development Permit No. 2016-01 to address phasing of the final map and
changes to the affordable housing requirement for the Project; and
WHEREAS, on March 19, 2024, the Planning Commission adopted Resolution No.
PC-2024-705 recommending that the City Council approve the First Amendment to DA
No. 2016-01; and
WHEREAS, at a duly noticed public hearing on April 17, 2024, the City Council
considered the First Amendment to the DA, and public testimony related thereto; and
WHEREAS, the City Council has considered all points of public testimony relevant
to the First Amendment to the DA and has given careful consideration to the content of
the First Amendment to the DA, and has reached a decision on the matter; and
WHEREAS, the Community Development Director has determined that this
project, as amended, is consistent with the environmental determination that was
previously-approved for Residential Planned Development Permit No. 2016-01.
Therefore, no further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs
with the Community Development Director that the First Amendment to the DA is
consistent with the Mitigated Negative Declaration adopted for Residential Planned
Development Permit No. 2016-01.
SECTION 2. The City Council of the City of Moorpark does hereby find as follows:
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A. The provisions of the First Amendment to the Development Agreement are
consistent with the General Plan land use designation, help achieve the
goals of the Land Use Element and Housing Element and are consistent
with the goals and policies of all other elements. The development of a
residential project in accordance with the General Plan achieves a well-
balanced and diversified economy and provides a variety of housing
options. In addition, further analysis was conducted to ensure that the
payment of an affordable housing in-lieu fee of $4,186,000 instead of the
construction of 25 low-income housing units remains consistent with the
Housing Element. The City’s RHNA for the 2021-2029 planning period is
1,289 total units (610 lower, 245 moderate, and 434 above moderate). The
City’s 2021-2029 Housing Element identified capacity for 2,491 total units
(653 lower, 297 moderate, and 1,541 above moderate). Thus far in the
2021-2029 planning period, the City has approved entitlements for 19
accessory dwelling units at the lower income level. Approving the First
Amendment to the Development Agreement would reduce the total number
of units that can be accommodated on sites identified in the site inventory
within the lower income category from 654 units to 629 units. However, this
would retain a buffer of 19 lower income units beyond the original required
RHNA allocation for the lower income category. The First Amendment also
would result in an increase in the total number of above moderate-income
units from 1,541 units to 1,566 units, where only 434 units were required to
be identified originally. Due to the remaining buffer of 19 lower income units,
and the fact that 19 lower income ADUs have been approved already, the
proposed action would not result in a reduction of identified units below the
required RHNA allocation. As required by Government Code Section
65863, the above analysis provides evidence that even with the approval of
the First Amendment and the revised Project, the remaining sites identified
in the housing element are adequate to accommodate the City’s RHNA
allocation at all income levels.
B. The provisions of the First Amendment to the Development Agreement are
consistent with this Chapter 15.40 of the Moorpark Municipal Code because
the Development Agreement contains the elements required by Section
15.40.030 and has been processed through a duly noticed public hearing,
as required by law.
SECTION 3. The City Council hereby adopts the First Amendment to the DA
attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a
municipal corporation, and M.P. Group LLC, Moorpark Homes LLC and CLP Investment
LLC and the City Clerk is hereby directed to cause one copy of the signed, adopted
agreement to be recorded with the County Recorder no later than ten (10) days after the
City enters into the DA pursuant to the requirements of Government Code Section
65868.5.
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SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED, AND ADOPTED this __ day of ___________, 2024.
Chris R. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
Exhibit A – First Amendment to Development Agreement
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Exhibit A – First Amendment to Development Agreement
137
Ordinance No. ___
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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
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
by and between the
CITY OF MOORPARK
and
M.P. Group, LLC (Pacific Communities),
MOORPARK HOMES, LLC AND
CLP INVESTMENT, LLC
EXHIBIT A
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FIRST AMENDMENT
TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT the ("First
Amendment") is made and entered into on ___________, 2024 by and between the CITY
OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), MP Group,
LLC. a California limited liability company (“MP Group”), MOORPARK HOMES, LLC. a
California limited liability company (“Moorpark Homes”) and CLP INVESTMENT, LLC. a
California limited liability company (“CLP”), the owners of real property within the City of
Moorpark generally referred to as Residential Planned Development Permit 2016-01
(referred to hereinafter individually 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 First Amendment 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 MP Group is the owner in fee simple of certain real property in the City of
Moorpark identified as Parcel 1 (“Parcel 1”) in the legal description set forth
in Exhibit “A” which exhibit is attached hereto and incorporated by
reference. Moorpark Homes is the owner in fee simple of certain real
property in the City of Moorpark identified as Parcel 2 (“Parcel 2”) in
Exhibit “A”. CLP is the owner in fee simple of certain real property in the
City of Moorpark identified as Parcel 3 (“Parcel 3”) in Exhibit “A” and that
certain real property referred to herein as the “City Site” and more
particularly described in Exhibit “B” attached hereto and incorporated by
reference. Parels 1, 2, and 3 are referred to hereinafter collectively as the
“Property”;
1.2 Developer and City entered into a Development Agreement for Vesting
Tentative Tract Map No. 5882 on October 4, 2017, which was recorded on
October 11, 2017, as Instrument Number 20171011-00132051-01/45 in the
Official Records of Ventura County, California ("Development Agreement")
with respect to the Property and in connection with the development of 153
small lot single-family homes, 131 detached condominium homes, a 21,816
square foot recreation center, a 23,668 square foot linear park, associated
roadways and infrastructure, detention basins and other improvements on
the approximate 38.52 acre site (“Project”); and
1.3 Sections 6.13 and 6.14 of the Development Agreement obligate Developer
to provide (i) twenty-five (25) dwelling units to be sold to buyers who meet
the criteria of low-income (80% of median income); and (ii) a 1.6 acre parcel
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of land (“City Site”) to satisfy the requirement to provide units for buyers who
meet the criteria of very low-income (50% of median income); and
1.4 Section 6.13 of the Development Agreement also provides that prior to
recordation of the first final Tract Map for Tract 5882, the City Council must
approve an Affordable Housing Agreement and a Purchase and Sale
Agreement, that are consistent with the Development Agreement, in order
to provide for the sale of the twenty-five (25) dwelling units to qualified low-
income buyers and the conveyance of the City Site to the City; and
1.5 On or about December 19, 2019, Developer and the City entered into that
certain Affordable Housing Agreement (“AHA”), which was recorded against
the Property on December 26, 2019, as Instrument No. 20191226-00164341-
01/24. Pursuant to that AHA, Developer agreed to comply with a series of
requirements for the construction and sale of 25 affordable units; and
1.6 In 2023, Developer prepared an updated financial feasibility analysis of the
affordable housing obligations in the Development Agreement and the
Affordable Housing Agreement and has asserted that, with those
obligations, the Project is not financially feasible. Accordingly, the
Developer has requested that the Developer be relieved of the requirement
to construct 25 units of affordable housing and instead pay an affordable
housing in-lieu fee of $4,186,000 (the “In-Lieu Fee”). The City has
considered Developer’s request and retained an independent financial
consultant to advise the City on the request; and
1.7 Developer and City now mutually desire to amend the Development
Agreement to remove the requirement for the Developer to construct
twenty-five (25) dwelling units to be sold to buyers who meet the criteria
of low-income (80% of median income) and replace it with the
requirement for the Developer to pay the City the In-Lieu Fee while at the
same time retaining the provision in the Development Agreement that
Developer convey to the City a 1.6 acre City Site parcel to satisfy the
requirement to provide units for buyers who meet the criteria of very-low-
income (50% of median income); and
1.8 With the payment of the In-Lieu Fee pursuant to this First Amemdment, the
AHA is no longer needed and may be terminated; and
1.9 On April 25, 2023, the Developer applied for the First Amendment to request
changes to the affordable housing requirement outlined in the original
Agreement, which resulted in the removal of the requirement to construct
25 low-income for-sale units and replacement with the required payment of
an affordable housing in-lieu fee; and
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1.10 On March 19, 2024, the Planning Commission commenced a duly noticed
public hearing on the First Amendment, and at the conclusion of the hearing
on March 19, 2024, recommended approval of this Agreement.
1.11 On April 17, 2024, the City Council commenced a duly noticed public
hearing on the First Amendment, and following the conclusion of the hearing
closed the hearing and approved the First Amendment, incorporated herein,
by adoption of Ordinance No. ___ (“Enabling Ordinance”) on
_________________, 2024.
2. Section 3.2 (Release Upon Subsequent Transfer) is hereby amended to read as
follows:
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 arising after the conveyance 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. 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 or final inspection.”
3. Section 6.12 (Landscape Maintenance Assessment District (LMD)) is hereby
amended to read as follows:
6.12 Community Facility District (CFD). Prior to issuance of a Zoning Clearance
for the first building permit or the approval of the first phased final map for
the Project: Developer shall pay the City a Fifty Thousand Dollar ($50,000)
CFD Formation Deposit. The District shall be for the purposes of funding
future costs for the maintenance of landscaping and irrigation of the
landscaped area and related improvements including but not limited to block
walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy Road
and the southern boundaries of the Project. The City shall administer the
annual renewal of the CFD, and any costs related to such administration
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shall be charged to the fund established for such CFD revenues and
expenses. Developer agrees to cast affirmative ballots for the establishment
of the CFD, and for annual increases in the assessments thereunder, for
the purposes specified in this subsection. Developer hereby waives any
right it may have to contest or protest any such assessments or assessment
increases. In the event that any such Assessment District has insufficient
funds for its purposes, then Developer shall pay the funds required to the
CFD within five (5) business days after written demand from the CFD from
time to time.
Developer shall be responsible for all CFD costs until acceptance of the
CFD by the City. Developer acknowledges and agrees that the CFD will not
be accepted by City until after the final occupancy or final inspection is
approved for the last residential dwelling unit in the Project and Developer
has made all required CFD improvements in a manner that are acceptable
to City's Parks and Recreation Director and Developer has provided City
with a deposit for the next subsequent twelve ( 12) months of CFD
maintenance costs.
Prior to approval of the first phased final map for the Project, the City Council
at its sole discretion may determine that all or a part of the improvements
planned to be included in the CFD may instead be placed in the
Homeowners' Association for the Project.
4. Section 6.13 (Densities Allowed for Development and Affordable Housing Fee) is
hereby amended to read as follows:
6.13 “Affordable Housing Fee.
(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.
(b) The Developer agrees to pay an in-lieu fee for the community benefit
of Affordable Housing (“Affordable Housing Fee”) prior to the
issuance of the first building permit for a residential unit. The
Affordable Housing Fee may be expended by the City in an effort to
further fair housing. The amount of the Affordable Housing Fee shall
be a flat fee of Four Million One Hundred and Eighty Six Thousand
Dollars ($4,186,000.00), in-lieu of providing twenty-five (25)
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residential units for low-income households. If the Affordable
Housing Fee is unpaid as of January 1, 2025, then on such date and
annually thereafter, the Affordable Housing Fee shall be adjusted by
any increase in the CPI until the Affordable Housing Fee has 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 January over the month
of January from the prior year or in the event there is a decrease in
the CPI for any annual indexing, the Affordable Housing Fee shall
remain at its then current amount until such time as the next
subsequent annual January indexing which results in an increase.
By paying the Affordable Housing Fee, the Developer shall have met
its Affordable Housing obligations.
(c) Concurrently with and subject to the City's payment to CLP of the
Purchase Price for the City Site pursuant to Subsection 6.14 and the
Purchase and Sale Agreement (as those terms are defined in
Subsection 6.14, Developer shall pay City a one-time fee in the
amount of One Million Five Hundred Thousand Dollars
($1,500,000.00) or the appraised fair market value of the City Site,
as defined in Subsection 6.14, whichever is less, in-lieu of providing
seventeen (17) residential units for very-low income households.”
5. Section 6.14(b) is hereby amended to read as follows:
6.14 (b) CLP shall execute and deliver the Purchase and Sale Agreement for
the City Site prior to approval of the Final Map Phase 1 and Final Map
Phase 4 for the Project provided, however, that the Final Approval of the
Project Approvals and this Agreement shall be conditions precedent to the
effectiveness of the Purchase and Sale Agreement. The close of escrow
under the Purchase and Sale Agreement shall occur after the City's final
approval of all items required in 6. 14(e), below. For the purposes of this
Agreement, " Final Approval" means when all of the following have
occurred: (i) the City shall have approved the Project Approval and this
Agreement; and (ii) the time periods forfiling any appeal from or legal
challenge to the Project Approvals and this Agreement shall have expired
without an appeal or legal challenge (including, without limitation, any
CEQA challenge) having been filed; or, if an appeal or other legal challenge
shall have been filed, all such appeals or legal challenges shall have been
subsequently terminated with the approval of the Project Approvals and this
Agreement upheld, and the time period(s) for filing any appeal( s) from the
upheld decision( s) shall have expired without further appeals having been
filed.
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6. Section 6.20 (CPI Indexes) is hereby amended to read as follows:
6.20 “CPI Indexes. In the event the “CPI” referred to in Sections 6.3, 6.6, 6.7,
6.8, 6.13, and 6.14 (l), or the Bid Price Index referred to in Section 6.4, 6.7,
and 6.26 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.”
7. Section 6.21 (Proposed Mello-Roos Community Facilities District) is hereby
amended to read as follows:
6.21 “Proposed Mello-Roos Community Facilities District. Developer agrees that
if a Mello-Roos Community Facilities District (CFD) is formed consistent
with Section 7.3 of this Agreement, Developer shall submit the required
deposit and reimbursement agreement to fund all City costs associated with
the proposed CFD formation. Developer also agrees that the City Council
upon the conclusion of the public hearing required by applicable law and in
its sole and unfettered discretion may abandon establishment of the CFD.
Developer agrees that any CFD bond proceeds in the Project Improvement
Fund in excess of the amount required to fund authorized costs, including
any City and CFD consultant costs associated with the redemption of bonds
shall be applied to redeem a portion of the bonds, consistent with applicable
provisions of State and Federal laws and regulations.
Developer also agrees that if a CFD is authorized, the CFD may include on-
going annual special taxes for services provided to the Project.
Developer further acknowledges and agrees that the City Council shall
determine the total amount of CFD bonds to be sold and the amount
Developer may receive as reimbursement from the CFD bonds proceeds.
If a CFD is authorized and formed, Developer shall include a disclosure to
the initial third party buyer of each residential dwelling unit in the Project.
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
disclosure.”
8. Section 6.25 (Homeowners Association) is hereby amended to read as follows:
6.25 Homeowners Association. Prior to recordation of the Final Map Phase 1 and
Final Map Phase 4 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
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lots, landscape areas, flood control and NPDES facilities and other
amenities within the Project. The obligation of said Homeowners
Associations shall be more specifically defined in the conditions of approval
of the first tentative tract or parcel map for the property.
9. Section 6.26 (Los Angeles Avenue Improvements) is hereby amended to read as
follows:
6.26 Los Angeles Avenue Improvements. Developer agrees to pay City two million
fifteen thousand one hundred fourteen dollars ($2,015,114.00) to reimburse
City for the cost of the improvements to Los Angeles Avenue along the frontage
of the Project less one hundred thousand dollars ($100,000.00) previously paid
by Developer to City for improvements to Los Angeles Avenue. The net
payment to City of one million nine hundred fifteen thousand one hundred
fourteen dollars ($1,915,114.00) shall be referred to as the Los Angeles
Avenue Reimbursement Payment which shall be paid in the amount of six
thousand seven hundred forty-four dollars ($6,744.00), hereinafter referred to
as Reimbursement Fee prior to the issuance of a building permit for each
residential dwelling unit in the Project.
The Reimbursement Fee shall be adjusted annually commencing January 1,
2019 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. Notwithstanding the
foregoing provision of this Subsection 6.26, in the event a CFD as described in
Subsections 6.21 and 7.3 of this Agreement is formed and bonds sold,
Developer shall cooperate in good faith with the City to facilitate payment of the
Los Angeles Reimbursement Payment from the proceeds of the CFD. In the
event the CFD cannot issue tax-exempt bonds (i.e., the bonds would need to
be issued as taxable bonds) to finance the Los Angeles Avenue
Reimbursement Payment, City may, at its option, elect to issue tax exempt
bonds to provide for payment of other City capital improvements authorized to
be financed by the CFD, and upon issuance of such bonds payment of the Los
Angeles Avenue Reimbursement Payment shall be deemed satisfied if and to
the extent net proceeds of the bonds available to the City are in an amount
sufficient to provide for payment of the obligation.
10. Section 7.11 (Affordable Housing) is hereby removed from the DA.
11. Section 11.4 (Remedies for Breach) is hereby amended to read as follows:
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
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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.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is of
Subsection 6.13 or 6.14 of this Agreement, City shall have the right to
withhold the issuance of building permits from the date that the notice of
violation was given pursuant to Subsection 11.3 hereof until the date that
the breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against Developer if it violates any City
ordinance or State statute.
No delay or omission to exercise any remedy upon the occurrence of any
default hereunder shall impair any such remedy or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time
to time and as often as may be deemed expedient a Party.
Notwithstanding the previous provisions of the Section, Developer shall not
be entitled to monetary damages for breach of this Agreement by City or
consequential damages incurred that are the result of that 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.”
12. Operative Date. As described in Section 1.5 above, this First Amendment shall
become operative on the Operative Date of the First Amendment, being the date
the Enabling Ordinance becomes effective pursuant to Government Code Section
36937.
13. Entire Agreement. This First Amendment Agreement, together with the
Agreement, and those exhibits and documents referenced herein contain the entire
agreement between the Parties regarding the subject matter hereof, and all prior
agreements or understandings, oral or written, are hereby merged herein. This
Agreement shall not be amended, except as expressly provided herein.
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14. Severability. If any provision of this First Amendment is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
15. Recordation of First Amendment. This First Agreement 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.
16. Counterparts. This agreement may be executed in counterparts and upon every
Party executed a counterpart, each signed copy shall have the same force and
effect as an original document and as if the Parties to the counterparts had signed
the same document.
17. Authority to Execute. Developer warrants and represents that to its knowledge as
of the Operative Date of this First Amendment 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 First Amendment and the Agreement.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
Development Agreement effective as of the Operative Date of the First Amendment.
CITY OF MOORPARK
__________________________
Chris R. Enegren, Mayor
ATTEST:
__________________________
Ky Spangler, City Clerk
MP GROUP, LLC
a California limited liability company
By: Pacific Housing, LLC, Manager
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By: __________________________
Christine Chung, Manager
MOORPARK HOMES, LLC
a California limited liability company
By: Pacific Communities Builder, Inc., Manager
By: __________________________
Neslon Chung, President
CLP INVESTMENT, LLC
a California limited liability company
By: __________________________
Christine Chung, Manager
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EXHIBIT “B”
LEGAL DESCRIPTION WITHIN
LOT " K" TRACT L, RANCHO SIMI PER 5MR5
That portion of Parcel "C" of that certain "Notice of Approval for Lot Line Adjustment"
No.99-1, in the City of Moorpark, County of Ventura, State of California, recorded as
Document No. 1999- 0221273-00 of Official Records, being a portion of Lot "K", Tract
"L", Rancho Simi as per map filed in Book 5, Page 5 of Miscellaneous Records (Maps),
All in the Office of the County Recorder of said County more particularly described as
follows:
BEGINNING at the southeast comer of said Parcel "C" being a point of intersection
with the south line of said Lot "K" and the west line of Leta Yancy Road (formerly
Liberty Bell Road, 40 feet wide) as shown on the Map of Tract No. 4147 filed in Book
112, Page 7 of Miscellaneous Records (Maps) of said County;
1ST Thence, along said west line of Leta Yancy Road, North 0°27'05"East 509.24
feet to a point of intersection with the west line of the land described in the deed
recorded May 4, 1993 as Document No. 93-079362 of Official Records;
2nd Thence, along the west line of said deed, North 4°07'20"West 13.55 feet to a
point of intersection with a line which is parallel with and 490.94 feet south of the north
line of Lot "K", said north line also being the centerline of Los Angeles Avenue;
3rd Thence, along said parallel line North 89°32'10"West 178.78 feet;
4th Thence, at right angles South 0°27'50"West 442.62 feet to the intersection with
the south line of said Lot "K";
5th Thence, along said south line of Lot "K", South 65°32'07"East 197.01 to the POINT
OF BEGINNING.
CONTAINING: 1.993 Acres, more or less.
SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record.
EXHIBIT "B": Attached and by this reference made a part hereof.
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EXHIBIT “C”
ADDRESSESS OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Pacific Communities
1000 Dove Street, Suite 300
Newport Beach, CA 92660
Attn: Nelson Chung
155
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING AMENDMENTS TO
THE CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2016-01 AND MAKING A
DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH
WHEREAS, on April 15, 2016, M.P. Group LLC, Moorpark Homes, LLC and CLP
Investment LLC, (“Owners”) known collectively as Pacific Communities (“Applicant”),
applied to the City for entitlements to build a residential project including 284 residential
dwelling units on the properties located on Los Angeles Avenue and Leta Yancy Road
(APNs 506-0-030-180, 506-0-030-195, 506-0-050-525, 506-0-050-515, 506-0-030-205,
506-0-030-255, and 506-0-030-245) (“Project Site”) in the City of Moorpark (the “City”)
(the “Project”); and
WHEREAS, on August 22, 2017, the Planning Commission adopted Resolution
No. PC-2017-620, recommending the City Council determine the Project consistent with
the General Plan per Government Code 65402, adopt the Project Mitigated Negative
Declaration (“MND”) and approve General Plan Amendment No. 2016-01, Zone Change
No. 2016-01, Residential Planned Development (“RPD”) No. 2016-01, Vesting Tentative
Tract Map (“VTTM”) No. 5882, and Development Agreement No. 2016-01 (“DA”); and
WHEREAS, on September 20, 2017, the City Council adopted Resolution Nos.
2017-3626 and 2017-3627, adopting a MND and Mitigation Monitoring and Reporting
Program (MMRP) for the Project, approving General Plan Amendment No. 2016-01, Zone
Change No. 2016-01, RPD No. 2016-01, and Vesting Tentative Tract Map No. 5882, for
a residential development consisting of 284 residential units and associated land
improvements located on 38.73 acres of land located on the south side of Los Angeles
Avenue and the west side of Leta Yancy Road on an application of the Applicant, and
finding the Project consistent with the General Plan per Government Code 65402; and
WHEREAS, on October 4, 2017, the City Council adopted Ordinance No. 453
approving Zone Change No. 2016-01 to change the zoning on the Project Site from
Commercial Planned Development, RPD-7U, and RPD-7.5U to RPD-9U, RPD-20U, and
Open Space, and adopted Ordinance No. 454, approving DA No. 2016-01; and
WHEREAS, on September 20, 2017, the City Council adopted Resolution No.
2017-3627 approving Residential Planned Development Permit No. 2016-01 and
associated Conditions of Approval; and
WHEREAS, on October 4, 2017, the DA was executed by the City of Moorpark
and the Owners, and the DA was recorded on October 10, 2017, by Instrument No.
20171011-00132051-0; and
ATTACHMENT 5
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WHEREAS, on April 13, 2023, the Applicant applied for the First Amendment to
the DA and amendments to the Conditions of Approval for Residential Planned
Development Permit No. 2016-01 (“Exhibit A”) and has agreed to the terms as outlined in
the First Amendment to the DA and amendments to the Conditions of Approval for
Residential Planned Development Permit No. 2016-01 to address phasing of the final
map and changes to the affordable housing requirement for the Project; and
WHEREAS, on March 19, 2024, the Planning Commission adopted Resolution No.
PC-2024-705 recommending that the City Council approve the amendments to the
Conditions of Approval for Residential Planned Development No. 2016-01; and
WHEREAS, at a duly noticed public hearing on April 17, 2024, the City Council
considered the amendments to the Conditions of Approval for Residential Planned
Development No. 2016-01, and public testimony related thereto; and
WHEREAS, the City Council has considered all points of public testimony relevant
to the amendments to the Conditions of Approval for Residential Planned Development
No. 2016-01 and has given careful consideration to the content of the First Amendment
to the DA for which it is associated with, and has reached a decision on the matter; and
WHEREAS, the Community Development Director has determined that this
project, as amended, is consistent with the environmental determination that was
previously-approved for Residential Planned Development Permit No. 2016-01.
Therefore, no further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs
with the Community Development Director that the amendments to the Conditions of
Approval for Residential Planned Development No. 2016-01 are consistent with the
Mitigated Negative Declaration adopted for Residential Planned Development Permit No.
2016-01.
SECTION 2. The City Council of the City of Moorpark does hereby find as follows:
A. The site design, including structure locations, sizes, heights, setbacks,
massing, scale, architectural style and colors, and landscaping, is
consistent with the provisions of the general plan, any applicable specific
plans, zoning ordinance, and any other applicable regulations, as the
proposed amendments to the Conditions of Approval would make no
physical changes to the original approved layout of the site, size, height,
setbacks or other aspects to the placement or style of the homes within the
development, therefore the Project remains consistent with the applicable
General Plan, zoning and other applicable regulations. Further, provisions
of the amendments to the Conditions of Approval, associated with the First
Amendment to the Development Agreement outlined in Ordinance No. 522,
are consistent with the General Plan land use designation, help achieve the
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Resolution No. 2024-____
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goals of the Land Use Element and Housing Element and are consistent
with the goals and policies of all other elements. The development of a
residential project in accordance with the General Plan achieves a well-
balanced and diversified economy and provides a variety of housing
options. In addition, further analysis was conducted to ensure that the
payment of an affordable housing in-lieu fee of $4,186,000 instead of the
construction of 25 low-income housing units remains consistent with the
Housing Element. The City’s RHNA for the 2021-2029 planning period is
1,289 total units (610 lower, 245 moderate, and 434 above moderate). The
City’s 2021-2029 Housing Element identified capacity for 2,491 total units
(653 lower, 297 moderate, and 1,541 above moderate). Thus far in the
2021-2029 planning period, the City has approved entitlements for 19
accessory dwelling units at the lower income level. Approving the
amendments to the Conditions of Approval would reduce the total number
of units that can be accommodated on sites identified in the site inventory
within the lower income category from 654 units to 629 units. However, this
would retain a buffer of 19 lower income units beyond the original required
RHNA allocation for the lower income category. The First Amendment also
would result in an increase in the total number of above moderate-income
units from 1,541 units to 1,566 units, where only 434 units were required to
be identified originally. Due to the remaining buffer of 19 lower income units,
and the fact that 19 lower income ADUs have been approved already, the
proposed action would not result in a reduction of identified units below the
required RHNA allocation. As required by Government Code Section
65863, the above analysis provides evidence that even with the approval of
the First Amendment and the revised Project, the remaining sites identified
in the housing element are adequate to accommodate the City’s RHNA
allocation at all income levels.
B. The amendments to the Conditions of Approval would make no physical
changes to the site design nor create negative impacts on or impair the
utility of properties, structures or uses in the surrounding area; and
C. The amendments to the Conditions of Approval would make no physical
changes to the approved Residential Planned Development Permit No.
2016-01 and the Project would remain served by adequate infrastructure,
including, but not limited to, access to public roadways, water, sewer, gas
and/or electrical services, etc., and the development would not pose a
health or safety concern or if located in a mapped hazard zone, the
development is designed to meet regulatory requirements to minimize
health and safety concerns.
SECTION 3. The City Council hereby adopts the amendments to the Conditions
of Approval for Residential Planned Development Permit No. 2016-01; and
SECTION 4. This Resolution shall become effective thirty (30) days after the
passage and adoption of Ordinance No. 522.
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SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of April, 2024.
_____________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Conditions of Approval
159
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A.The following conditions shall be required of all projects unless otherwise
noted:
GENERAL REQUIREMENTS
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.
2.Each Phased Final Map must include the final Conditions of Approval and a
reference to the adopted City Council resolution in a format acceptable to the
Community Development Director.
3.This subdivision expires on October 4, 2037, unless all Phased Final Maps have
been approved and recorded.
4.This planned development permit expires on October 4, 2037, unless the use has
been inaugurated by issuance of a building permit for construction.
5.The Conditions of Approval of this entitlement and all provisions of the Subdivision
Map Act, City of Moorpark Municipal Code and adopted City policies at the time of
the entitlement approval, supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said Map
and/or plans or on the entitlement application. This language shall be added as
a notation to the Phased Final Maps and/or to the final plans for the planned
development.
6.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.
7.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).
8.All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and included
as requirements of this entitlement. Where conflict or duplication between the
EXHIBIT AResolution No. 2024-___
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160
MMRP and the Conditions of Approval occurs the Community Development
Director shall determine compliance so long as it does not conflict with the
California Environmental Quality Act and the more restrictive measure or condition
shall apply.
9. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall immediately cease in the immediate area
and the find must be left untouched. The applicant, in consultation with the project
paleontologist or archeologist, shall assure the preservation of the site and
immediately contact the Community Development Director by phone, in writing by
email or hand delivered correspondence informing the Director of the find. In the
absence of the Director, the applicant shall so inform the City Manager. The
applicant shall be required to obtain the services of a qualified paleontologist or
archeologist, whichever is appropriate to recommend disposition of the site. The
paleontologist or archeologist selected must be approved in writing by the
Community Development Director. The applicant shall pay for all costs associated
with the investigation and disposition of the find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the Community
Development Director for review and approval. The development and
implementation of this Plan must include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum of
Natural History (LACMNH). All specimens become the property of the City of
Moorpark unless the City chooses otherwise. If the City accepts ownership, the
curation location may be revised. The monitoring and data recovery should
include periodic inspections of excavations to recover exposed fossil materials.
The cost of this data recovery is limited to the discovery of a reasonable sample of
available material. The interpretation of reasonableness rests with the Community
Development Director.
11. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by
the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or proceeding
is brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable and any provision
amendatory or supplementary thereto. The City will promptly notify the applicant of
any such claim, action or proceeding, and, if the City should fail to do so or should
fail to cooperate fully in the defense, the applicant shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the
defense of any such claim, action or proceeding if both of the
following occur:
Resolution No. 2024-___
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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.
12. 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.
13. 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.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing Inspection.
(This Condition Applies to Residential Projects.)
FEES
15. 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
services fees. This payment must be made within sixty (60) calendar days after the
approval of this entitlement.
16. 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.
17. Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the current
rate then in effect. Said fees include, but are not limited to building and public
improvement plan checks and permits. Unless specifically exempted by City
Council, the applicant is subject to all fees imposed by the City as of the issuance
of the first permit for construction and such future fees imposed as determined by
City in its sole discretion so long as said fee is imposed on similarly situated
properties.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant
shall submit to the Parks, Recreation and Community Services Department fees in
accordance with the Moorpark Municipal Code and to the satisfaction of the Parks,
Recreation and Community Services Director.
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19. Tree and Landscape: Concurrently with the issuance of a building permit, the Tree
and Landscape Fee must be paid to the Building and Safety Division in accordance
with City Council adopted Tree and Landscape Fee requirements in effect at the
time of building permit application. (This Condition Applies to Commercial and
Industrial Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit,
current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the Library
Facilities Fee must be paid to the Building and Safety Division in accordance with
City Council adopted Library Facilities Fee requirements in effect at the time of
building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance with
City Council adopted Police Facilities Fee requirements in effect at the time of
building permit application.
23. Traffic Systems Management: Concurrently with the issuance of a Zoning
Clearance for each building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems Management
(TSM) Fee for the approved development consistent with adopted City policy for
calculating such fee.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair-share contribution for intersection improvements relating to the
project. The amount of fair-share participation will be to the satisfaction of the City
Engineer and Public Works Director based on the traffic report prepared for the
project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development
Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit
for residential projects, or by use for commercial and industrial projects, based
upon the effective date of approval of the entitlement consistent with adopted City
policy for calculating such fee. The fee will be paid at the time of building permit
issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project is
located. The fee shall be paid in accordance with City Council adopted AOC fee
requirements in effect at the time of building permit application.
27. Street Lighting Energy Costs: Prior to recordation of any Phased Final Map, or
issuance of a building permit, whichever occurs first the applicant shall pay to the
Community Development Department all energy costs associated with public street
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lighting for a period of one year from the acceptance of the street improvements in
an amount satisfactory to the City Engineer and Public Works Director.
28. Schools: Prior to issuance of building permits for each building, the applicant shall
provide written proof to the Community Development Department that all legally
mandated school impact fees applicable at the time of issuance of a building permit
have been paid to the Moorpark Unified School District.
29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in accordance with Municipal Code Chapter 17.50 and sections
amendatory or supplementary thereto. Contribution is to be submitted to the
Community Development Department. If the applicant is required to provide a
public art project on or off-site in lieu of contributing to the Art in Public Places
Fund, the artwork must have a value corresponding to, or greater than, the
contribution, and must be approved, constructed and maintained for the life of the
project in accordance with the applicable provision of the Moorpark Municipal
Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall submit to
the Community Development Department, City Engineer and Public Works Director
and the Building and Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering improvement
plans/permit documents; and building plans/permit documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the applicant
shall submit to the City of Moorpark a check for the filing of the Notice of
Determination on the Negative Declaration or Environmental Impact Report and
County Administrative Fee, made payable to the County of Ventura, in compliance
with Fish and Game Code and County procedures.
32. Crossing Guard: Prior to recordation of any Phased Final Map or prior to the
issuance of a building permit, whichever occurs first, the applicant shall pay to the
Community Development Department an amount to cover the costs associated
with a crossing guard for five years at the then current rate, plus the pro-rata cost of
direct supervision of the crossing guard location and staff's administrative costs
(calculated at fifteen percent (15%) of the above costs). This applies to residential
project of ten (10) or more units and commercial project of greater than 5,000
square feet.
33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance
of a Zoning Clearance for building permit, the applicant shall pay to the Community
Development Department the citywide Storm Drain Discharge Maintenance Fee in
accordance with City Council adopted Storm Drain Discharge Maintenance Fee
requirements in effect at the time of building permit application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide notice of
its construction schedule to all persons holding a valid cable television franchise
issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of
construction to allow the Cable Franchisees to coordinate installation of their
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equipment and infrastructure with that schedule. The City shall provide the
applicant a list of Cable Franchisees upon request. During construction, the
applicant shall allow the Cable Franchisees to install any equipment or
infrastructure (including conduit, power supplies, and switching equipment)
necessary to provide Franchisee's services to all parcels and lots in the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means other
than a Cable Franchise (including, but not limited to, programming provided over a
wireless or satellite system contained within the Project), the Home Owners
Association (HOA), property owner association or other applicable entity shall pay
monthly to City an access fee of five percent (5%) of gross revenue generated by
the provision of those services, or the highest franchise fee required from any City
Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter
5.06 of the Moorpark Municipal Code and any successor amendment or
supplementary provision thereto. In the event there is no HOA (e.g. in the case of
an apartment project), then the property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the project
by any means other than by a City Cable Franchise, the City's government channel
shall be available to all units as part of any such service, on the same basis and
cost as if the project was served by a City Cable Franchise.
AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to Residential
Projects)
37. Intentionally Blank.
38. Intentionally Blank.
39. Intentionally Blank.
40. Intentionally Blank.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. Prior to the issuance of a certificate of occupancy or final inspection for any
building, the applicant shall submit a Master Sign Program to the Community
Development Director for review and approval. The Master Sign Program must be
designed to provide comprehensive on-site sign arrangement and design
consistent with the commercial/industrial center architecture and the City's Sign
Ordinance requirements. (This Condition Applies to Commercial/Industrial and
Multi family Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet wall
above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commercial/Industrial and Multifamily Residential
Projects)
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43. Skylights are prohibited unless approved through the Planned Development Permit
process or as a Modification to the Planned Development Permit. (This Condition
Applies to Commercial/Industrial and Multifamily Residential Projects)
44. The use of highly-reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly-reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of
darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is defined
as glass with a visible light transmittance (VLT) rating of fifty.(50) percent or less.
The use of low-emissivity (Low-E) glass is encouraged, but it must meet
reflectance and transmittance requirements as noted above. The applicant shall
provide a sample of the glass to be used, along with information on the VLR and
VLT for review and approval by the Community Development Director prior to the
issuance of building permits.
45. Exterior downspouts are not permitted unless designed as an integral part of the
overall architecture and approved by the City as part of the planned development
permit. (This Condition Applies to Commercial/Industrial and Multifamily
Residential Projects)
46. 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. (This Condition Applies to Commercial/Industrial and Multifamily
Residential Projects)
47. Roof-mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the issuance
of a Zoning Clearance for initial occupancy or any subsequent occupancy, the
Community Development Director may request the submittal of a noise study for
review and approval. The noise study would need to show that the current project
attenuates all on-site noise generation sources to the required level or provide
recommendations as to how the project could be modified to comply. The noise
study must be prepared by a licensed acoustical engineer in accordance with
accepted engineering standards. (This Condition Applies to Commercial/Industrial
Projects)
48. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, must be
architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
49. A utility room with common access to house all meters and the roof access ladder
must be provided unless an alternative is approved by the Community
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Development Director. (This Condition Applies to Commercial/Industrial and
Multifamily Residential Projects)
50. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
51. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent commercial/industrial
properties. The City of Moorpark shall not assume any responsibility for the offered
property or any improvements to the property until this action has been accepted
by the City Council. If accepted by the City of Moorpark, this easement may be fully
assignable to the adjacent property owners, as an easement appurtenant for
parking, ingress/egress access purposes and all uses appurtenant thereto. The
form of the Irrevocable Offer of Dedication and other required pertinent documents
required to satisfy the above requirements must be to the satisfaction of the
Community Development Director, City Engineer and Public Works Director and
the City Attorney. (This Condition Applies to Commercial/Industrial Projects)
52. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading bay
striping must be maintained so that it remains clearly visible during the life of the
development. (This Condition Applies to Commercial/Industrial and Multi
family Residential Projects)
53. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained in
their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
54. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public
Works Director, and must include adequate provisions for drainage, National
Pollution Discharge Elimination System (NPDES) compliance, striping and
appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped
areas. All parking, loading and common areas must be maintained at all times to
ensure safe access and use by employees, public agencies and service vehicles.
(This Condition Applies to Commercial/Industrial and Multifamily Residential
Projects)
55. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
a) Transformers and cross connection water control devices (subject
to approval by Ventura County Waterworks District No. 1),
screened from street view with a masonry wall and/or landscaping
as determined by the Community Development Director. (This
Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
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b) Bicycle racks or storage facilities, in quantities as required by the
Community Development Director and other City staff and in
accordance with the Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
c) Required loading areas with 45-foot turning radii for loading zones
consistent with the AASHO WB-50 design vehicle and as required
by the Community Development Director, City Engineer and Public
Works Director. If drains from the loading area are connected to the
sewer system, they are subject to the approval of Ventura County
Waterworks District No. 1. (This Condition Applies to
Commercial/Industrial Projects)
d) Final exterior building materials and paint colors consistent with the
approved plans under this permit. Any changes to the building
materials and paint colors are subject to the review and approval of
the Community Development Director.
e) Identification of coating or rust-inhibitive paint for all exterior metal
building surfaces to prevent corrosion and release of metal
contaminants into the storm drain system. (This Condition Applies
to Commercial/Industrial and Multi-family Residential Projects)
f) Trash disposal and recycling areas in locations which will not
interfere with circulation, parking or access to the building. Exterior
trash areas and recycling bins must use impermeable pavement
and be designed to have a cover and so that no other area drains
into it. The trash areas and recycling bins must be depicted on the
final construction plans, the size of which must be approved by the
Community Development Director, City Engineer and Public Works
Director and the City's Solid Waste Management staff. When
deemed appropriate, drains from the disposal and recycling areas
must be connected to the sewer system and subject to the approval
of Ventura County Waterworks District No. 1. Review and approval
shall be accomplished prior to the issuance of a Zoning Clearance
for building permit. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
56. Prior to issuance of a Zoning Clearance for final building permit (occupancy) or final
inspection, the applicant shall install U.S. Postal Service approved mailboxes in
accordance with the requirements of the local Postmaster and to the satisfaction of
the City Engineer and Public Works Director.
57. 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 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
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Modification application may be required as determined by the Community
Development Director.
58. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard and maintain a minimum 5-foot side-
yard property line setback. The Director may approve rear yard locations where
side yard locations are not possible. All air conditioning or air exchange equipment
shall comply with Municipal Code Chapter 17.53 Noise regarding noise limits for air
conditioning or air handling equipment. (This Condition Applies to Residential
Projects)
59. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit less
than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot (30') wide
clear and unobstructed parking area for three (3) vehicles must be provided in a
garage for each dwelling unit greater than 2,800 square feet. Single garages must
measure a minimum of twelve-foot (12') wide by twenty- foot (20') deep clear and
unobstructed area. Steel roll-up garage doors must be provided, unless a higher-
quality alternative is approved by the Community Development Director. Garage
doors must be a minimum of sixteen feet (16') wide by seven feet (7') high for
double doors and nine feet (9') wide by seven feet (7') high for single doors. A
minimum twenty-foot (20') long concrete paved driveway must be provided in front
of the garage door outside of the street right-of-way. All garages must be provided
in accordance with the Parking Ordinance. (This Condition Applies to Single
family Residential Projects)
60. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed 1.6
gallons), low water use shower controllers, natural gas fueled stoves, pilotless
ovens and ranges, night set back features for thermostats connected to the main
space-heating source, kitchen ventilation systems with automatic dampers, hot
water solar panel stub-outs, and solar voltaic panel stub-outs. (This Condition
Applies to Residential Projects)
61. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a directional
roof flow. Water must be conveyed to an appropriate drainage system, consistent
with NPDES requirements, as determined by the City Engineer and Public Works
Director.
OPERATIONAL REQUIREMENTS
62. Loading and unloading operations are allowed only between the hours of 6:00a.m.
and 10:00 p.m. unless additional hours are approved by the City Council. More
restrictive hours for loading and unloading may be imposed by the Community
Development Director if there are noise and other issues that make the loading
and unloading incompatible with the adjacent residential uses. There shall be
no idling of trucks while loading or unloading. (This Condition Applies to
Commercial/Industrial Projects)
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63. All uses and activities must be conducted inside the building(s) unless otherwise
authorized in writing by the Community Development Director consistent with
applicable Zoning Code provisions..(This Condition Applies to
Commercial/Industrial Projects)
64. Prior to the issuance of a Zoning Clearance for any use which requires handling of
hazardous or potentially hazardous materials, the applicant shall provide proof that
he/she has obtained the necessary permits from Ventura County Environmental
Health Division. Should the Community Development Director determine that a
compatibility study is required; the applicant shall apply for a Permit Modification to
the entitlement. (This Condition Applies to Commercial/Industrial Projects)
65. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
66. 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. (This Condition
Applies to Commercial/Industrial and Multi family Residential Projects)
67. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
68. The applicant and his/her successors, heirs, and assigns must remove any graffiti
within seventy-two (72) hours from written notification by the City of Moorpark. All
such graffiti removal must be accomplished to the satisfaction of the Community
Development Director. (This Condition Applies to Commercial/Industrial and
Multifamily Residential Projects)
69. Prior to the issuance of a Zoning Clearance for tenant occupancy or final
inspection, the prospective tenant shall obtain a Business Registration Permit from
the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a
current Business Registration Permit. (This Condition Applies to
Commercial/Industrial Projects)
70. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy or
final inspection of any of the buildings, the applicant shall request that the City
Council approve a resolution to enforce California Vehicle Codes (CVC) on the
subject property as permitted by the CVC. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
71. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by the
Community Development Director and City Engineer and Public Works Director.
Phasing shall avoid, to the extent possible, construction traffic impacts to existing
adjacent residential, commercial, industrial areas, schools, parks and other city
facilities, if any.
72. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
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responsible for initiating on-site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and coordination
and maintenance of a curbside pickup schedule. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
73. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and Multi
family Residential Projects)
74. No overnight parking, repair operations or maintenance of trucks may occur on site.
The property owner may enter into an agreement with the City to allow the City to
enter the property when the property owner has properly posted signs restricting
the overnight parking, repair or maintenance of truck, to enforce the onsite
restrictions and assume the costs of towing the violating vehicles. (This Condition
Applies to Commercial/Industrial and Multifamily Residential Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
75. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall
submit to the Community Development Director for review and approval, with the
required deposit, three full sets of Landscaping and Irrigation Plans prepared by a
licensed landscape architect and drawn on a plan that reflects final grading
configuration, in conformance with the City of Moorpark Landscape Standards and
Guidelines, policies and NPDES requirements; including, but not limited to, all
specifications and details and a maintenance plan. Fences and walls must be
shown on the Landscape and Irrigation Plans, including connection, at the
applicant's expense, of property line walls with existing fences and or walls on any
adjacent residential, commercial or industrial properties. The plan must
demonstrate proper vehicle sight distances subject to the review of the City
Engineer and Public Works Director and in accordance with the Zoning Code, and
encompass all required planting areas consistent with these Conditions of
Approval. Review by the City's Landscape Architect Consultant and City Engineer
and Public Works Director, and approval by the Community Development Director
prior to issuance of a Zoning Clearance for building permit, is required.
76. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be prepared
to determine the valuation of the mature trees to be removed. Enhanced
replacement landscaping of equal or greater value, as determined by the
Community Development Director, must be installed in accordance with the current
applicable provisions of the Moorpark Municipal Code.
77. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans,
the specific design and location of the neighborhood identification monument sign
must be submitted for review and approval by the Community Development
Director. The sign must be installed concurrent with or immediately after perimeter
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project wall installation. (This Condition Applies to Singlefamily Residential
Projects)
78. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) or
final inspection the applicant shall install front yard landscaping, including sod, one
fifteen (15) gallon tree and an automatic irrigation system, as approved on the
landscape plans. (This Condition Applies to Singlefamily Residential Projects)
79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by an
electrical engineer registered in the State of California, must be in conformance
with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
80. Landscape plans submitted at the time of entitlement review are conceptual only.
Entitlement approval does not include approval of the specific plant species on the
conceptual landscape plans unless indicated in the Special Conditions of Approval.
Detailed landscaping plans are subject to review and approval by the Community
Development Director for compliance with the City's Landscape Standards and
Guidelines.
81. For project sites adjacent to protected open space or to a conservation area, none
of the prohibited plants indicated in the Provisionally Acceptable Plant List and the
Invasive and Prohibited Plant List contained in the City's Landscape Standards and
Guidelines may be used on any property within the development site or the
adjacent public or private right-of-way.
82. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping is
within the street right-of-way or outside of the street right-of-way. Any parkway
landscaping outside of the street right-of-way must be within a landscape
maintenance district.
83. All required landscape easements must be clearly shown on the first Phased Final
Map or on other recorded documents if there is no Final Map.
84. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy
and resulting in a reduction of required shade coverage for the parking lot area, is
prohibited by Section 17.32.070 of the Moorpark Municipal Code and will be
considered a violation of the Conditions of Approval. Tree trimming for the
purposes of maintaining the health of trees is permitted with prior approval of the
Community Development Director and City's designated arborist. (This Condition
Applies to Commercial/Industrial and Multi family Residential Projects)
85. When available, use of reclaimed water is required for landscape areas subject to
the approval of the Community Development Director, the City Engineer and Public
Works Director and Ventura County Waterworks District No. 1.
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86. Landscaped areas must be designed with efficient irrigation to reduce runoff and
promote surface filtration and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pollution. Parking and associated drive areas with
five (5) or more spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and biological
remediation or approved equals, must be installed to intercept and effectively
prohibit pollutants from discharging to the storm drain system. The design must be
submitted to the Community Development Director and City Engineer and Public
Works Director for review and approval prior to the issuance of a building permit.
87. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
88. Prior to the issuance of Zoning Clearance for occupancy or final inspection, all
fences/walls along lot boundaries must be in place, unless an alternative schedule
is approved by the Community Development Director.
89. Prior to the issuance of a Zoning Clearance for occupancy or final inspection, 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.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
90. Grading, drainage and improvement plans and supporting reports and calculations
must be prepared in accordance with the latest California Building Code as
adopted by the City of Moorpark and in conformance with the latest "Land
Development Manual" and "Road Standards" as promulgated by Ventura County;
"Hydrology Manual" and "Design Manual" as promulgated by Ventura County
Watershed Protection District; "Standard Specifications for Public Works
Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
91. Grading, drainage and improvement plans and supporting reports and calculations
must be prepared in accordance with the most recently approved "Engineering
Policies and Standards" of the City of Moorpark, and "Policy of Geometric Design
of Highways and Streets," most recent edition, as published by the American
Association of State Highway and Transportation Officials. In the case of conflict
between the standards, specifications and design manuals listed herein and
above, the criteria that provide the higher level of quality and safety prevail as
determined by the City Engineer and Public Works Director. Any standard
specification or design criteria that conflicts with a Standard or Special Condition of
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Approval of this project must be modified to conform with the Standard or Special
Condition to the satisfaction of the City Engineer and Public Works Director.
92. Engineering plans must be submitted on standard City title block sheets of 24- inch
by 36-inch to a standard engineering scale representative of sufficient plan clarity
and workmanship.
93. A 15-mile per hour speed limit must be observed within all construction areas.
94. If any hazardous waste or material is encountered during the construction of this
project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District, the
Moorpark Police Department, and the Moorpark City Engineer and Public Works
Director must be notified immediately. Work may not proceed until clearance has
been issued by all of these agencies.
95. The applicant and/or property owner shall provide verification to the City Engineer
and Public Works Director that all on-site storm drains have been cleaned at least
twice a year, once immediately prior to October 1st (the rainy season) and once in
January. Additional cleaning may be required by the City Engineer and Public
Works Director depending upon site and weather conditions. (This Condition
Applies to Commercial/Industrial and Multi family Residential Projects)
96. 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. (This Condition Applies to Commercial/Industrial
and Multifamily Residential Projects)
97. Prior to improvement plan approval, the applicant shall obtain the written approval
on approved site plan exhibit sheets for the location of fire hydrants by the Ventura
County Fire Prevention Division. Water and Sewer improvements plans must be
submitted to Ventura County Waterworks District No. 1 for approval.
98. Prior to any work being conducted within any State, County, or City right-of- way,
the applicant shall obtain all necessary encroachment permits from the appropriate
agencies and provide copies of these approved permits and the plans associated
with the permits to the City Engineer and Public Works Director.
99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations must be
minimized in accordance with the City of Moorpark standards and the standards of
the Ventura County Air Pollution Control District (APCD). When an air pollution
Health Advisory has been issued, construction equipment operations (including but
not limited to grading, excavating, earthmoving, trenching, material hauling, and
roadway construction) and related activities must cease in order to minimize
associated air pollutant emissions.
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100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary thereto,
as a standard requirement for construction noise reduction.
101. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s) and/or
provision of a full time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the public from accidents and
injury.
102. The applicant shall post, in a conspicuous location, the construction hour limitations
and make each construction trade aware of the construction hour limitations.
GRADING
103. All grading and drainage plans must be prepared by a qualified Professional Civil
Engineer currently registered and in good standing in the State of California and
are subject to review by the City Engineer and Public Works Director. Prior to or
concurrently with the submittal of a grading plan the applicant shall submit a soils
(geotechnical) report.
104. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
105. Prior to the issuance of a grading permit or first Phased Final Map approval,
whichever comes first, the applicant shall post sufficient surety with the City, in a
form acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions of
Approval and/or the Municipal Code including, but not limited to grading, street
improvements, storm drain improvements, temporary and permanent Best
Management Practice (BMP) for the control of non-point water discharges,
landscaping, fencing, and bridges. Grading and improvements must be designed,
bonded and constructed as a single project.
106. Prior to the issuance of a grading permit or first Phased Final Map approval,
whichever occurs first, the applicant shall provide written proof to the City Engineer
and Public Works Director that any and all wells that may exist or have existed
within the project have been properly sealed, destroyed or abandoned per Ventura
County Ordinance No. 2372 or Ordinance No. 3991 and per California Department
of Conservation, Division of Oil, Gas, and Geothermal Resources requirements.
107. Prior to issuance of a grading permit, final approved soils and geology reports must
be submitted to the City Engineer and Public Works Director. The approved final
report must encompass all subsequent reports, addendums and revisions under a
single cover. Where liquefaction hazard site conditions exist, an extra copy of the
final report must be provided by the applicant to the City Engineer and Public
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Works Director and be sent by the applicant to the California Department of
Conservation, Division of Mines and Geology in accordance with Public Resources
Code Section 2697 within 30 days of report approval.
108. Prior to issuance of the grading permit, a grading remediation plan and report must
be submitted for review and approval of the City Engineer and Public Works
Director. The report must evaluate all major graded slopes and open space
hillsides whose performance could effect planned improvements. The slope
stability analysis must be performed for both static and dynamic conditions, using
an appropriate pseudo-static horizontal ground acceleration coefficient for
earthquakes on faults, capable of impacting the project in accordance with
standard practice as outlined in DMG Special Publication No. 117, 1997.
109. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as recommended
in the approved remediation plan and associated geotechnical report, such as
placement of a non-liquefiable cap over the alluvium, removal of the liquefiable
soils, in-situ densification, or the excavation of a shear key below the base of the
liquefiable zone. Where liquefaction hazard site conditions exist, the applicant shall
provide an extra copy of the final report to the City Engineer and Public Works
Director and shall send a copy of the report to the California Department of
Conservation, Division of Mines and Geology in accordance with Public Resources
Code Section 2697 within 30 days of report approval.
110. The project must comply with all NPDES requirements and the City of Moorpark
standard requirements for temporary storm water diversion structures during all
construction and grading.
111. Prior to issuance of a grading permit, a qualified, currently registered Professional
Civil Engineer in good standing in the State of California shall be retained to
prepare Erosion and Sediment Control Plans in conformance with the currently
issued Ventura County Municipal Strom Water NPDES Permit. These Plans shall
address, but not be limited to, construction impacts and long- term operational
effects on downstream environments and watersheds. The Plans must consider all
relevant NPDES requirements and recommendations for the use of the best
available technology and specific erosion control measures, including temporary
measures during construction to minimize water quality effects to the maximum
extent practicable. Prior to the issuance of an initial grading permit, review and
approval by the Community Development Director and City Engineer and Public
Works Director is required.
112. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the
currently adopted City of Moorpark Engineering Policies and Standards is required.
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113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets, the
grading plan must include a slough wall, Angelus Standard slumpstone, color or
other alternative as determined by the Community Development Director,
approximately 18 inches high, with curb outlet drainage to be constructed behind
the back of the sidewalk to prevent debris from entering the sidewalk or street. The
wall must be designed and constructed in conformance with the City's standard
wall detail. All material for the construction of the wall shall be approved by the City
Engineer and Public Works Director and Community Development Director.
Retaining walls greater than 18 inches in height must be set back two-feet (2') from
the back of the sidewalk. This two- foot (2') area must be landscaped and have no
greater than a two percent (2%) cross fall slope. The slough wall and landscaping
design is subject to the review and approval of the City Engineer and Public Works
Director and Community Development Director.
114. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping, appropriate to
the entry, shall be provided that will not interfere with sight- distance or turning
movement operations. The final design for the project entrance must be reviewed
and approved by the Community Development Director and the City Engineer and
Public Works Director.
115. During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable bedrock
or in-place material, and installation of all sub-drains including their connections. All
fill slope construction must be observed and tested by the project geotechnical
engineer, and the density test results and reports submitted to the City Engineer
and Public Works Director to be kept on file. Cuts and slopes must be observed
and mapped by the project geotechnical and civil engineers who will provide any
required slope modification recommendations based on the actual geologic
conditions encountered during grading. Written approval from the City Engineer
and Public Works Director must be obtained prior to any modification.
116. Written weekly progress reports and a grading completion report must be submitted
to the City Engineer and Public Works Director by the project geotechnical
engineers. These reports must include the results and locations of all compaction
tests, as-built plans of all landslide repairs and fill removal, including geologic
mapping of the exposed geology of all excavations showing cut cross-sections and
sub-drain depths and locations. The lists of excavations approved by the
engineering geologist must also be submitted. Building permits will not be issued
without documentation that the grading and other pertinent work has been
performed in accordance with the geotechnical report criteria and applicable
Grading Ordinance provisions.
117. During grading, colluvial soils and landslide deposits within developed portions of
the properties must be re-graded to effectively remove the potential for seismically-
induced landslides in these materials. Additional buttressing, keying and installation
of debris benches must be provided in transition areas between non-graded areas
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and development as recommended in the final geotechnical reports by the project
geotechnical engineer.
118. The recommendations for site grading contained in the final geotechnical reports
must be followed during grading unless modifications are submitted for approval by
the engineers-of-work and specifically approved in writing by the City Engineer and
Public Works Director.
119. Temporary irrigation, hydroseeding and erosion control measures, approved by the
Community Development Director, City Engineer and Public Works Director, must
be implemented on all temporary grading. Temporary grading is defined to be any
grading partially completed and any disturbance of existing natural conditions due
to construction activity. These measures will apply to a temporary or permanent
grading activity that remains or is anticipated to remain unfinished or undisturbed in
its altered condition for a period of time greater than thirty (30) calendar days
except that during the rainy season (October 1 to April 15), these measures will be
implemented immediately.
120. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of special
circumstances, where steeper slopes are warranted, a registered soils engineer
and a licensed landscape architect will review plans and their recommendations will
be subject to the review and approval of the City Engineer, Public Works Director,
and the Community Development Director.
All graded slopes steeper than 5:1 (horizontal:vertical) must have soil amendments
added, irrigation systems installed and be planted in a timely manner with
groundcover, trees and shrubs (consistent with the approved landscape and
irrigation plans) to stabilize slopes and minimize erosion. Timely manner means
that the slope soil amendments, irrigation systems and planting on each slope
must commence immediately upon the completion of the grading of each slope,
that the completion of slope grading will not be artificially delayed and that the
slope soil amendments, irrigation systems and planting must be completed on a
schedule commensurate with the grading. The planting will be to the satisfaction of
the Community Development Director, City Engineer, and Public Works Director.
121. Grading may occur during the rainy season from October 1 to April 15, subject to
timely installation of erosion control facilities when approved in writing by the City
Engineer, Public Works Director and the Community Development Director and
when erosion control measures are in place. In order to start or continue grading
operations between October 1 and April 15, project-specific erosion control plans
that provide detailed Best Management Practices for erosion control during the
rainy season must be submitted to the City Engineer and Public Works Director no
later than September 1 of each year that grading is in progress. During site
preparation and construction, the contractor shall minimize disturbance of natural
groundcover on the project site until such activity is required for grading and
construction purposes. During the rainy season, October 1 through April 15, all
graded slopes must be covered with a woven artificial covering immediately after
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completion of each graded slope. Grading operations must cease if the applicant
fails to place effective best management measures on graded slopes immediately
after construction. No slopes may be graded or otherwise created when the
National Weather Service local three-day forecast for rain is twenty percent (20%),
or greater, unless the applicant is prepared to cover the permanent and temporary
slopes before the rain event. The artificial covering and planting will be to the
satisfaction of the Community Development Director, City Engineer, and Public
Works Director.
122. During clearing, grading, earth moving, excavation, soil import and/or soil export
operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent ground
cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading,
earth moving, excavation, soil import and/or soil export operations must cease
during periods of high winds (greater than 15 mph averaged over one hour).
123. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
124. Soil testing for trench compaction must be performed on all trenching and must be
done not less than once every two feet (2') of lift and one-hundred lineal feet (100')
of trench excavated. Test locations must be noted using true elevations and street
stationing with offsets from street centerlines.
125. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as-graded geotechnical report and a rough grading
certification for said lot and final soils report compiling all soils reports, addendums,
certifications, and testing on the project for review and approval by the City
Engineer and Public Works Director.
126. Prior to issuance of the first building permit, the project's engineer shall certify that
the grading and improvements have been completed, as noted on the original
approved plans and any subsequent change orders.
127. When required by the Community Development Director and/or the City Engineer
and/or Public Works Director, at least one (1) week prior to commencement of
grading or construction, the applicant shall prepare a notice that grading or
construction work will commence. This notice shall be posted at the site and mailed
to all owners and occupants of property within five-hundred feet (500') of the
exterior boundary of the project site, as shown on the latest equalized assessment
roll. The notice must include current contact information for the applicant, including
all persons with authority to indicate and implement corrective action in their area of
responsibility, including the name of the contact responsible for maintaining the list.
The names of individuals responsible for noise and litter control, tree protection,
construction traffic and vehicles, erosion control, and the twenty-four (24) hour
emergency number, must be expressly identified in the notice. The notice must be
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re-issued with each phase of major grading and construction activity. A copy of all
notices must be concurrently transmitted to the Community Development
Department. The notice record for the City must be accompanied by a list of the
names and addresses of the property owners notified and a map identifying the
notification area.
128. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where appropriate
to minimize expansive soil effects on structures: potential foundation systems to
include pier and grade beam; use of structural concrete mats and post-tensioned
slabs; pad overcutting to provide uniform swell potential; and soil subgrade
moisture treatment.
129. Prior to issuance of building permits, chemical testing of representative building pad
soils is required to determine the level of corrosion protection required for steel and
concrete materials used for construction. The following measures must be
implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
130. Engineered fills must be constructed in compliance with the standards and criteria
presented in the approved geotechnical report. The differential thickness of the fill
under individual buildings may not be greater than ten (10) feet. These measures
must be verified by construction observation and testing by the project geotechnical
engineer as outlined in the final geotechnical reports and approved by the City
Engineer and Public Works Director.
131. Additional analysis of the predicted total and differential settlements of the major
fills at each site must be performed by the project geotechnical engineer during the
final design stage. Possible measures that may be required based on the
settlement data include surcharging, delaying construction for a period of time
before constructing on deep fills, or allowing for the predicted settlement in the
design of the project components.
132. Transfer of responsibility of California Registered Civil Engineer in charge for the
project must be in accordance with rules and guidelines set forth pursuant to Rules
of the Board for Professional Engineers and Land Surveyors, California Code of
Regulations, Title 16, Division 5, Board Rule 404.1, Subsections (c) and (d), that
speak to Successor Licensee and Portions of Projects.
Applicant has full right to exercise the service of a new engineer in charge at any
time during a project. When there is a change in engineer, the applicant/owner
shall notify the City Engineer and Public Works Director in writing within 48 hours of
such change. Said letter shall specify successor California Registered Civil
Engineer and shall be stamped and signed and dated by said engineer in
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responsible charge and shall accept responsibility of project. The letter will be kept
on file at the City.
FINAL MAP
133. The Phased Final Maps must be prepared in accordance with the latest copy of
the, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Comer Records" as published by the Public Works Agency of the County of
Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect the
jurisdiction of the City and the location of the subdivision within the City. The
Phased Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the corner, and be stamped with the registration or license
number of the professional surveyor responsible for its location.
134. Concurrently with the submittal of each Phased Final Map, the applicant shall
submit a current (dated within the last ninety (90) days) preliminary title report to
the City Engineer and Public Works Director, which clearly identifies all interested
parties, lien holders, lenders and all other parties having any record title interest in
the real property being subdivided. The preliminary title report must identify the
holders of any easements that affect the subdivision and contain the vesting deeds
of ownership and easements. Thirty (30) days prior to the submittal of the Phased
Final Map Mylar® sheets, the applicant shall provide the City Engineer and Public
Works Director, a subdivision guarantee policy of the property within the Phased
Final Maps and preliminary title report for each area of easement proposed to be
obtained for grading or construction of improvements.
135. Prior to or concurrently with the submittal of each Phased Final Map, the applicant
shall provide written evidence to the City Engineer and Public Works Director that a
copy of the conditionally approved Tentative Map together with a copy of Section
66436 of the State Subdivision Map Act has been transmitted to each public entity
or public utility that is an easement holder of record. The applicant shall obtain
subordination of senior rights of easement from any such public utility in favor of
the City.
136. At least one-hundred-twenty (120) days prior to the filing of each Phased Final
Map, if any improvement which the applicant is required to construct or install is to
be constructed or installed upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of each Phased Final Map
the applicant shall provide the City with an executed offsite property acquisition
agreement in a form acceptable to the Community Development Director, City
Attorney, and City Manager. As a part of the notification to the City required by that
section, the applicant shall provide the City a deposit in an amount approved by the
Community Development Director, sufficient to pay the estimated costs and fees to
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be accrued by the City in obtaining said property. Within fifteen (15) days of
notification by the City that the deposited funds are insufficient to complete the
acquisition, the applicant shall deposit such additional funds that the Community
Development Director deems necessary. During the time between notice of
insufficiency of deposited funds and payment of said insufficiency, the time limits of
Section 66462.5 shall toll.
137. Prior to the first Phased Final Map approval, the applicant shall obtain City
Engineer and Public Works Director approval of all required public improvement
and grading plans. The applicant shall enter into an agreement with the City of
Moorpark to complete grading, public improvements and subdivision
monumentation and post sufficient surety guaranteeing the construction and
maintenance of grading all public improvements, and private street and storm drain
improvements; construction and post construction NPDES Best Management
Practice; and subdivision monumentation in a form and in an amount acceptable to
the City Engineer. The plans must be prepared by a California Registered Civil
Engineer and sureties must meet the City's requirements for sureties and must
remain in place for one year following final acceptance of the improvements by the
City or until such time that the City Council shall approve their redemption,
whichever is the longer.
138. Prior to the first Phased Final Map approval, the applicant shall post sufficient
surety in an amount acceptable to the Community Development Director, City
Engineer, Public Works Director and in a form approved by City Attorney
guaranteeing the payment of laborers and materialsmen in an amount no less than
fifty percent (50%) of the faithful performance surety.
139. Prior to each Phased Final Map approval and upon submittal of the Final Map
Mylar® sheets, the applicant shall provide the City Engineer and Public Works
Director electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works Director.
140. Upon recordation of each Phased Final Map(s) the applicant shall forward a
photographic process copy on 3-mil polyester film of the recorded Map(s) to the
City Engineer and Public Works Director.
141. All lot-to-lot drainage easements or secondary drainage easements must be
delineated on each Phased Final Map. Assurance in the form of an agreement
must be provided to the City that these easements will be adequately maintained
by the property owners to safely convey stormwater flows. Said agreement must be
submitted to the City Engineer and Public Works Director and City Attorney for
review and approval and must include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment District in
conformance with the NPDES. The agreement must be a durable agreement that is
binding upon each property owner of each lot and successors in interest.
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142. Prior to any Phased Final Map approval, the applicant shall fully complete the
"Final Map Processing Procedures" as outlined in Moorpark Administrative
Procedure (MAP) CD-18, available from the Community Development Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
143. Prior to construction of any public improvement, the applicant shall submit to the
City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and enter
into an agreement with the City of Moorpark to complete public improvements, with
sufficient surety posted to guarantee the complete construction of all improvements,
except as specifically noted in these Standard Conditions or Special Conditions of
Approval.
144. Prior to issuance of the first Certificate of Occupancy (final or temporary) or final
inspection of the first building, all existing and proposed utilities, including electrical
transmission lines less than 67Kv, must be under-grounded consistent with plans
approved by the City Engineer, Public Works Director and Community
Development Director. Any exceptions must be approved by the City Council.
145. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within the
sidewalk, a minimum of five feet (5') clear sidewalk width must be provided around
the obstruction. Above-ground obstructions may not be located within or on multi-
purpose trails.
146. Prior to final inspection of improvements, the project Registered Civil Engineer shall
submit certified original "record drawing" plans with three (3) sets of paper prints
and the appropriate plan revision review fees to the City Engineer and Public
Works Director along with electronic files in a format satisfactory to the City
Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each sheet.
In addition, the applicant shall provide an electronic file update of the City's Master
Base Map electronic file, incorporating all streets, sidewalks, street lights, traffic
control facilities, street striping, signage and delineation, storm drainage facilities,
water and sewer mains, lines and appurtenances and any other utility facility
installed for this project.
147. The street improvement plans must contain a surveyor's statement on the plans,
certifying that, in accordance with Business and Professions Code 8771, all
recorded monuments in the construction area will be protected in place during
construction, or have been located and tied with no fewer than four (4) durable
reference monuments, which will be protected in place during construction. Copies
of all monument tie sheets must be submitted to the City on reproducible 3-mil
polyester film.
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148. Prior to reduction of improvement bonds, the applicant must submit reproducible
centerline tie sheets on 3-mil polyester film to the City Engineer and Public Works
Director.
149. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private streets.
All streets must be designed and constructed to the required structural section in
conformance with the latest City of Moorpark Engineering Policies and Standards.
The geotechnical or soil reports must address the need for possible sub-drainage
systems to prevent saturation of the pavement structural section or underlying
foundation. An additional one and one-half inch (1-1/2") thick rubberized asphalt
pavement must be added to the structural section for public streets. This additional
pavement may not be used in determining the required structural section.
150. When required by the City Engineer and Public Works Director, the applicant shall
provide, for the purposes of traffic signal installation, two (2) four-inch (4") P.V.C.
conduits extending across all intersections, and surfacing through "J" boxes to
the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
151. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works Director,
drainage plans with the depiction and examination of all on-site and off-site
drainage structures and hydrologic and hydraulic calculations in a bound and
indexed report prepared by a California Registered Civil Engineer.
152. Drainage improvements must be designed so that after-development, drainage to
adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100
year storms, nor will surface runoff be concentrated by this project. Acceptance of
storm drain waters by the project and discharge of storm drain waters from the
project must be in type, kind and nature of predevelopment flows unless the
affected upstream and/or downstream owners provide permanent easement to
accept such changed storm drainage water flow. All drainage measures necessary
to mitigate stormwater flows must be provided to the satisfaction of the City
Engineer and Public Works Director. The applicant shall make any on- site and
downstream improvements, required by the City, to support the proposed
development.
153. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown in
the General Plan. Quantities of water, water flow rates, major watercourses,
drainage areas and patterns, diversions, collection systems, flood hazard areas,
sumps, sump locations, detention and NPDES facilities and drainage courses must
be addressed.
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154. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10-year frequency storm. Collector streets must be
designed to have a minimum of one dry travel lane in each direction available
during a 10-year frequency storm.
155. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs per
the latest issued Ventura County Municipal Storm Water NPDES Permit.
156. The hydraulic grade line within any catch basin may not extend higher than nine
inches (9") below the flow line grade elevation at the inlet.
157. No pressure manholes for storm drains are allowed unless specifically approved in
writing by the City Engineer and Public Works Director. If permitted, all storm drain
lines under water pressure must have rubber gasket joints.
158. All manhole frames and covers shall have a thirty inch (30") minimum diameter.
This includes all access manholes to catch basins, as well as any other storm drain
or NPDES structure.
159. The Q50 storm occurrence must be contained within the street right-of-way.
160. The maximum velocity in any storm drain system may not exceed twenty feet (20')
per second.
161. All detention and debris structures that fall under the definition of being a dam must
have an open air spillway structure that directs overflows to an acceptable location
to the satisfaction of the City Engineer and Public Works Director.
162. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or equestrian
traffic. Drainage grates shall not be allowed in sidewalks or trails.
163. To verify that the Reinforced Concrete Pipe (RCP) specified on the improvement
plan is correct, theRCPdelivered to project site must have the D- LOAD specified
on the RCP.
164. The grading plan must show distinctive lines of inundation delineating the 100- year
flood level.
165. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices are
to be deposited directly into the storm drain system unless an alternative has
been approved by the City Engineer and Public Works Director. Storm drain
and related easements outside the public right-of-way are to be privately.
maintained unless otherwise approved by the City Council.
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166. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to the
extent possible must incorporate natural structure and landscape to blend in with
the surrounding material.
167. Prior written approval by the City Engineer and Public Works Director is required
for curb outlets that provide for pad or lot drainage onto the street.
168. Drainage devices for the development must include all necessary appurtenances to
safely contain and convey storm flows to their final point of discharge to the
satisfaction of the City Engineer and Public Works Director.
169. The applicant shall demonstrate, for each building pad within the development
area, that the following restrictions and protections can be put in place to the
satisfaction of the City Engineer and Public Works Director:
a. Adequate protection from a one-hundred (100) year frequency storm;
b. Feasible access during a fifty (50) year frequency storm.
c. Elevation of all proposed structures within the one-hundred (100) year flood
zone at least one (1') foot above the one-hundred (100) year flood level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer and
Public Works Director. Development projects within a 100 year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision
(LOMR) as determined by the City Engineer and Public Works Director.
170. The storm drain system must be designed with easements of adequate width for
future maintenance and reconstruction of facilities, particularly facilities deeper than
eight feet (8'). In addition, all facilities must have all-weather vehicular access.
171. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
172. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works Director.
173. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and Public
Works Director. Easements must provide sufficient room for reconstruction of the
storm drain systems and provide all weather access within the easement, to all
manholes, inlets, outlets and any other structure that requires maintenance.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
174. Prior to the start of grading or any ground disturbance, the applicant shall identify a
responsible person experienced in NPDES compliance who is acceptable to the
City Engineer and Public Works Director. The designated NPDES person
(superintendent) shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is forty percent (40%) or greater and
prior to the start of and during all grading or clearing operations until the release of
grading bonds. The superintendent shall have full authority to rent equipment and
purchase materials to the extent needed to effectuate Best Management Practices.
The superintendent shall be required to assume NPDES compliance during the
construction of streets, storm drainage systems, all utilities, buildings and final
landscaping of the site.
175. Prior to the issuance of any construction/grading permit and/or the commencement
of any qualifying grading or excavation, the applicant shall prepare and submit a
Stormwater Pollution Control Plan (SWPCP), on the form established in the
Ventura Countywide Stormwater Quality Management Program. The SWPCP must
address the construction phase compliance to stormwater quality management
regulations for the project. The SWPCP, improvement plans and grading plans
must note that the contractor shall comply with the California Best Management
Practices Construction Handbook, published by the California Stormwater Quality
Association. The SWPCP must be submitted, with appropriate review deposits, for
the review and approval of the City Engineer and Public Works Director. The
SWPCP must identify potential pollutant sources that may affect the quality of
discharges and design the use and placement of Best Management Practices
(BMPs) to effectively prohibit the entry of pollutants from the construction site into
the storm drain system during construction. Erosion control BMPs, which include
wind erosion, dust control, and sediment source control BMPs for both active and
inactive (previously disturbed) construction areas are required.
176. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works·
Director may require the first version and each subsequent revision of the SWPCP
to be accompanied by a detailed project schedule that specifically identifies the
type and location of construction operations for the project. The SWPCP must be
developed and implemented in accordance with the latest issued Ventura
Countywide Stormwater Quality Management Program, NPDES Permit, Chapter
8.52 of the Moorpark Municipal Code and any other requirements established by
the City. The applicant is responsible for ensuring that all project contractors,
subcontractors, materials suppliers, tenants and tenants' contractors comply with
all BMPs in the SWPCP, until such time as a notice of termination has been
approved by the City Engineer and Public Works Director and accepted by the Los
Angeles Regional Water Quality Control Board. The SWPCP must include
schedules and procedures for onsite maintenance of earthmoving and other heavy
equipment and documentation of proper disposal of used oil and other lubricants.
Onsite maintenance of all equipment that can be performed offsite will not be
allowed.
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177. 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.
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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).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
178. Prior to the issuance of any construction/grading permit and/or the commencement
of any clearing, grading or excavation, the applicant shall submit a Notice of Intent
(NOi) to the California State Water Resources Control Board, Stormwater Permit
Unit in accordance with the latest issued NPDES Construction General Permit:
Waste Discharge Requirements for Discharges of Stormwater Runoff Associated
with Construction Activities). The applicant shall also provide a copy of the Notice
of Intent (NOi) to the City Engineer and Public Works Director as proof of permit
application. The improvement plans and grading plans shall contain the Waste
Discharge Identification number for the project.
179. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet the
minimum requirements relating to water detention and clarification.
180. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and
any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
181. Prior to the issuance of a Building Permit, the applicant shall provide written proof
that an "Unconditional Will Serve Letter'' for water and sewer service has been
obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT
for compliance with the following conditions:
182. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" shall be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy or final inspection of the first building shall not be granted
until compliance with all applicable APCD Rules & Regulations has been
satisfactorily demonstrated. (This Condition Applies to Commercial/Industrial
Projects)
183. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance.
Rule 51 states: "A person shall not discharge from any source whatsoever such
quantities of air contaminants or other material which cause injury, detriment,
nuisance or annoyance to any considerable number of persons or to the public or
which endangers the comfort, repose, health or safety of any such persons or the
Resolution No. 2024-___
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public or which cause or have a natural tendency to cause injury or damage to
business or property." (This Condition Applies to Commercial/Industrial
Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
184. Prior to combustible construction, an all weather access road/driveway and the first
lift of the access road pavement must be installed. Once combustible construction
starts a minimum twenty-foot (20') clear width access road/driveway must remain
free of obstruction during any construction activities within the development. All
access roads/driveways must have a minimum vertical clearance of thirteen feet-
six inches (13'-6") and a minimum outside turning radius of forty feet (40').
Approved turnaround areas for fire apparatus must be provided when dead-end
Fire District access roads/driveways exceed 150-feet. Turnaround areas may not
exceed a five percent cross slope in any direction and must be located within one-
hundred-fifty feet (150') of the end of the access road/driveway.
185. The access road/driveway must be extended to within one-hundred-fifty feet (150')
of all portions of the exterior wall of the first story of any building and must be in
accordance with Fire District access standards. Where the access roadway cannot
be provided, approved fire protection system or systems must be installed as
required and acceptable to the Fire District.
186. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight-hundred feet (800').
187. Public and private roads must be named if serving more than four (4) parcels or as
required by the Fire District. All street naming shall be in accordance with currently
adopted City Council policy.
188. Approved walkways must be provided from all building openings to the public way
or Fire District access road/driveway.
189. Structures exceeding three stories or forty-eight-feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy-five-feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/Industrial and Multi
family Residential Projects)
190. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
191. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic
yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multifamily Residential Projects)
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192. Gating of private streets or parking areas must meet the requirements of Chapter
17.32 of the Moorpark Municipal Code and any provision amendatory and
supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
193. Prior to recordation of each Phased Final Map(s), proposed street name(s) must be
submitted to the Community Development Director and the Fire District's Mapping
Unit for review and approval. Approved street names must be shown on the Phased
Final Map(s). Street name signs must be installed in conjunction with the road
improvements. The type of sign must be in accordance with Plate F-4 of the
Ventura County Road Standards.
194. At least fourteen (14) days prior to recordation of any maps, including parcel map
waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention
Division for approval.
195. Within seven (7) days of the recordation of any Phased Final Map(s) an electronic
version of the map must be provided to the Fire District.
196. Prior to any Phased Final Map or prior to the issuance of a building permit,
whichever comes first, the applicant shall provide to the Fire District, written
verification from the water purveyor that the water purveyor can provide the
required fire flow as determined by the Fire District.
DEVELOPMENT REQUIREMENTS
197. Prior to the issuance of a certificate of occupancy or final inspection by the Building
Division, the applicant shall submit a plan to the Fire District for review and
approval indicating the method by which this project will be addressed.
198. Minimum six-inch (6") high address numbers must be installed prior to occupancy,
must be contrasting color to the background, and must be readily visible at night
Brass or gold plated number may not be used. Where structures are set back
more that one-hundred-fifty feet (150') from the street, larger numbers are required
so that they are distinguishable from the street. In the event a structure(s) is (are)
not visible from the street, the address numbers(s) must be posted adjacent to the
driveway entrance on an elevated post.
199. Prior to combustible construction, fire hydrants must be installed to the minimum
standards of the City of Moorpark and the Fire District, and must be in service.
200. Prior to occupancy of any structure, blue reflective hydrant location markers must
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
must still be installed and replaced when the final asphalt cap is completed.
201. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and
R-2 Occupancies must be submitted, with payment for plan check, to the Fire
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District for review and approval. (This Condition Applies to
Commercial/Industrial and Multifamily Residential Projects)
202. Prior to issuance of a building permit the applicant must submit a phasing plan and
two (2) site plans (for the review and approval of the location of fire lanes) to the
Fire District.
203. Prior to occupancy or final inspection, the fire lanes must be posted "NO PARKING
FIRE LANE TOW-AWAY" in accordance with California Vehicle Code and the Fire
District.
204. Prior to or concurrently with the issuance of a building permit, the applicant shall
submit plans to the Fire District showing the location of the existing hydrants within
three-hundred feet (300') of the proposed project and showing the location, type
and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall
be provided in accordance with current adopted edition of the Uniform Fire Code,
Appendix 111-8 and adopted amendments. On-site fire hydrants may be required
as determined by the Fire District. Fire hydrants, if required, must be installed and
in service prior to combustible construction and must conform to the minimum
standard of the Ventura County Waterworks Manual and the Fire District.
205. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with
the required fee for plan check, to the Fire District for review and approval. Fire
sprinkler systems with one-hundred or more heads must be supervised by a fire
alarm system in accordance with Fire District requirements.
206. Prior to installation of the fire alarm system (if required), the applicant shall submit
plans, along with the required fee for plan check, to the Fire District for review and
approval. The fire alarm system must be installed in all buildings in accordance with
California Building and Fire Code.
207. Prior to the issuance of a certificate of occupancy or final inspection by the Building
Division, the applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
208. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
209. Prior to the issuance of a certificate of occupancy or final inspection by the Building
Division, the applicant shall install fire extinguishers in accordance with the Uniform
Fire Code. The placement of extinguishers is subject to review and approval by the
Fire District. (This Condition Applies to Commercial/Industrial and Multi
family Residential Projects)
210. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
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G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
211. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water and
sewer services for applicant's projects within the District.
212. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
c. Copy of fire hydrant location approvals by Ventura County Fire Protection
District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
213. At the time water service connection is made, cross connection control devices
must be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT
for compliance with the following conditions:
214. Direct storm drain connections to Ventura County Flood Control District facilities
are subject to Ventura County Watershed Protection District permit requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the following
condition:
215. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Community Development Director
and the Police Chief, public safety planning recommendations must be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to defensible
space design concepts.
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SPECIAL CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01
AND VESTING TENTATIVE TRACT MAP NO. 5882
SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT
NO. 2016-01
1. This planned development permit will expire on October 4, 2037, unless
the use has been inaugurated by issuance of a building permit for
construction. No further extensions shall be granted for the planned
development permit.
2. Any future homeowner improvements to the individual homes and the
exclusive use area shall follow the City’s Multifamily Residential (R-3)
zone Development Standards. Said standards shall be incorporated into
the Covenants, Conditions and Restrictions for this project.
3. In the Fuchsia single-family detached home neighborhood (Lots 1-153)
the following standards shall apply:
- The minimum lot area is 3,290 square feet.
- The front yard setback for each unit shall not be less than eight (8)
feet for living space and (10) feet for garages that are side entry
and eighteen (18) feet for garages that are front entry.
- The rear yard setback for each unit shall not be less than twelve
(12) feet, except for attached unenclosed patio covers, which shall
have a minimum five (5) foot setback.
- Interior side yard setbacks shall not be less than five (5) feet.
There shall be no less than three (3’) feet of unobstructed
clearance between side yard block walls and allowable side yard
protrusions from the house, which may only be located on one side
yard of the property.
- Street side yard setbacks for each unit shall not be less than ten
(10) feet.
- Building height shall not exceed thirty-five (35) feet for the dwelling
unit and fifteen (15) feet for accessory structures.
- All other development standards shall be consistent with those for
RPD zones as provided in Title 17 of the Moorpark Municipal Code.
4. In the Verbena detached condominium neighborhood (Lots 155-162/Units
1-131) the following standards shall apply:
- The front yard setback for each unit shall not be less than five (5)
feet from common areas.
- The rear yard setback for each unit shall not be less than three (3)
feet from common driveways.
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- Side yard setbacks between units shall not be less than ten (10)
feet.
- Side yard setbacks between units and common driveways shall not
be less than eight (8) feet.
- Building height shall not exceed thirty-five (35) feet for the dwelling
unit and fifteen (15) feet for accessory structures.
- Each unit shall include an unenclosed parking space reserved for
that unit with a minimum width of nine (9) feet and minimum depth
of eighteen (18) feet, in addition to required enclosed parking of two
(2) spaces per unit.
- A minimum of 0.5 spaces per unit guest parking shall be provided
in locations dispersed throughout the condominium neighborhood.
- All other development standards shall be consistent with those for
RPD zones as provided in Title 17 of the Moorpark Municipal Code.
5. A soundwall shall be constructed adjacent to the Los Angeles Avenue
right-of-way. It shall be no less than eight (8’) feet in height, when
measured from inside of the project, and constructed with tan-colored
slumpstone with matching mortar. The final design and height is to be
approved by the Community Development Director and City
Engineer/Public Works Director, subject to ultimate pad elevations.
6. A fence/wall plan is required. Location, design, material and height of all
fences and walls shall be approved by the Community Development
Director. Side and rear yard property line walls shall be a minimum height
of six (6’) feet from the highest finished grade and constructed out of tan-
colored slumpstone with tan-colored mortar. Residential properties
adjacent to the Arroyo Simi shall have solid walls separating the property
from the Arroyo. A combination block/tube steel wall with pilasters spaced
no less than thirty (30) feet apart shall be used where common driveways
and passive detention facilities are located adjacent to the Arroyo Simi.
7. Architectural enhancements, such as window reveals and plant-ons are
required on all side and rear elevations subject to the approval of the
Community Development Director.
8. Intentionally blank.
9. There shall be no storage of recreational vehicles of any type on any lot,
driveway, or street within the subdivision. This requirement shall be
reflected on the Homeowner’s Association (HOA) Covenants, Conditions,
and Restrictions (CCR’s).
10. There shall be no parking within the 25-foot driveways in the detached
condominium (Verbena) area. “No Stopping at Any Time” signs shall be
installed or curbs painted red at the sole cost of the applicant to the
satisfaction of the Ventura County Fire Protection District and the City
Engineer/Public Works Director.
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11. Front yards of all homes within the “Fuchsia” development shall be
landscaped, irrigated, and maintained by the Homeowner’s Association.
12. All remainder areas not designated for homeowner use or vehicular
maneuvering shall be landscaped, irrigated, and maintained by the
Homeowner’s Association as common area subject to the review and
approval of the Community Development Director. All homeowners will be
notified of street parking restrictions prior to purchase. Parking restrictions
shall be made part of disclosure documents and Covenants, Conditions,
and Restrictions (CCRs) in form to the satisfaction of the City Attorney and
Community Development Director.
13. Side by side houses of the same floor plan must use different architectural
styles and color palettes, subject to review and approval of the Community
Development Director.
14. Final colors and materials must be reviewed and approved to include a
minimum of three color schemes per architectural style subject to review
and approval of the Community Development Director.
15. Painted and decorative sectional roll up garage doors shall be provided.
Such garage doors shall include garage window glazing, compatible with
the architectural style of each home.
16. Durable materials are required for trim on the ground floor levels of the
homes, such as wood window trim, or ¼” minimum cementous stucco coat
over foam.
17. Final plotting of the homes shall be submitted for review and approval of
the Community Development Director prior to the issuance of the first
building permit.
18. Any proposed change to the Architecture shall be considered by the
Community Development Director upon filing of a Permit Adjustment
application and payment of the fee in effect at the time of application.
19. Standards for patio covers and trellises shall be included in the
Homeowner’s Association Covenants, Conditions, and Restrictions.
20. Noise attenuating construction shall be required on all units affected by
the noise generated from Los Angeles Avenue to the satisfaction of the
Community Development Director. At a minimum the following items shall
be provided:
Units facing Los Angeles Avenue in the first row of homes nearest the
roadway in VTTM 5882 (West) will require upgraded windows, as follows:
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a. For all first row units, first floor windows will require STC rating
greater than or equal to 26.
b. For all first row units with a building setback greater than 15 feet
from property line wall, second floor windows will require STC
rating greater than or equal to 33
c. For all first row units with a building setback of 15 feet or less
from property line wall, second floor windows will require an STC
rating greater than or equal to 34
Units facing Los Angeles Avenue in VTTM 5882 (East) will require upgraded
windows, as follows:
a. Corner lots 1 and 51 will require second floor windows facing Los
Angeles Avenue to have STC rating greater than or equal to 33.
b. For all other first row units facing Los Angeles Avenue, second
floor windows will require STC rating greater than or equal to 32.
c. For all 3-story second row units facing Los Angeles, third floor
windows will require STC rating greater than or equal to 32.
d. For all 3-story third row units facing Los Angeles, third floor
windows will require STC rating greater than or equal to 30.
The mechanical ventilation system shall be capable of providing two (2) air
changes per hour in habitable rooms with a minimum of 15 cubic feet per minute
of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating
construction and shall consist of a minimum of ten (10) feet of straight or curved
duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent
roadways, if applicable, should include an acoustical baffle, or the attic floor
(including the access panel) should be fully insulated to prevent vehicle noise
intrusion.
28. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the intersecting roadway. A
minimum clear open width of fifteen (15’) feet in each direction shall be
provided for separate entry/exit gates and a minimum twenty (20) for
combined entry/exit gates. If gates are to be locked, a Knox system
shall be installed. The method of gate control, including operation
during power failure, shall be subject to review by the Fire Protection
District. Gate plan details shall be submitted to the Fire Protection
District for approval prior to installation. A final acceptance inspection by
the Fire Protection District is required prior to placing any gate into
service. Signage is required for the gate at the western end of the
project site that it is only to be used for emergency exiting to the
satisfaction of the Fire Protection District and City Engineer/Public
Works Director.
29. LED street lights shall be used within the project, to be owned and
maintained by the Homeowners Association. Design of street lighting
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shall be to the satisfaction of the Community Development Director and
City Engineer/Public Works Director to ensure consistency with future
LED street lighting to be used in the City.
30. Prior to issuance of building permits, the plans shall be submitted to the
Police Department for Crime Prevention Through Environmental Design
(CPTED) review and recommendations.
SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP
NO. 5882
1. Vesting Tentative Tract Map No. 5882 is approved per the submitted
tentative map as modified by the conditions contained in this resolution.
2. This subdivision shall expire on October 4, 2037, unless all Phased Final
Maps have been approved and recorded.
3. Up to a maximum of 284 dwelling units may be developed under this
entitlement, including 153 single-family lots and 131 detached
condominium units.
4. Prior to issuance of a Zoning Clearance for the first building permit or the
approval of the first phased final map for the Project: the developer shall
pay the City a Fifty Thousand Dollar ($50,000) Community Facility District
(CFD) Formation Deposit. The District shall be for the purposes of funding
future costs for the maintenance of landscaping and irrigation of the
landscaped area and related improvements including but not limited to
block walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy
Road and the southern boundaries of the Project (Arroyo Simi). The City
shall administer the annual renewal of the CFD, and any costs related to
such administration shall be charged to the fund established for such CFD
revenues and expenses.
5. Prior to approval of any phased final map for the Project, the developer
shall provide a Subdivision Improvement Agreement for review and
approval by the City Council consistent with Section 66462 of the
Government Code.
6. The applicant shall provide a grading and construction schedule showing
routing for grading and development from Los Angeles Avenue and Leta
Yancy Road.
7. Within thirty calendar days of submittal of the first plan check for the first
Phased Final Map the applicant shall provide a copy of the Covenants,
Conditions, and Restrictions (C.C.&R.’s) to the Community Development
Director and the City Attorney for review and approval to ensure
consistency with the Moorpark Municipal Code, Vesting Tentative Tract
Map No. 5882 and Residential Planned Development Permit No. 2016-01,
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as conditioned. Submittal shall include a $5,000.00 deposit to be used for
the City Attorney’s cost of review.
8. Improvements along Los Angeles Avenue shall include conduit behind the
sidewalk for future use for broadband to the satisfaction of the City
Engineer/Public Works Director.
9. Leta Yancy Road shall be improved to its ultimate width along its entire
project frontage, including the frontage of the 1.64 acres to be conveyed to
the City. Improvements shall include roadway, bike lane, gutter, curb and
sidewalk and undergrounding of utilities, all to City standards to the
satisfaction of the City Engineer/Public Works Director.
10. Concurrent with map recordation, the applicant shall provide, as part of
the street improvement plans, a public service easement within the private
streets, subject to approval of the Community Development Director and
City Engineer/Public Works Director.
11. An access rights easement shall be offered to the City of Moorpark from
all lots fronting on Los Angeles Avenue and the Arroyo Simi. The
C.C.&R.’s shall include a provision that property line walls along the
perimeter of the project, including the Los Angeles Avenue frontage and
the Arroyo Simi frontage may not be removed or modified to create a gate
or similar access opening in violation of the City of Moorpark access rights
easement.
12. Specific locations shall be labelled as Fire Lanes per California Vehicle
Code Section 22500.1 to the satisfaction of the City Engineer/Public
Works Director and Ventura County Fire Protection District. Streets where
curbside parking is proposed shall meet all standards of the Ventura
County Fire Protection District for emergency vehicle access.
13. The C.C.&R.’s shall include a requirement that garages in each unit be
maintained for the parking of vehicles.
14. The applicant shall create a storm drainage easement and install
permanent drainage improvements to convey storm water from State
Highway 118 to the satisfaction of the City Engineer/Public Works
Director. Upon completion of that work, the applicant shall abandon those
temporary drains to the satisfaction of the City Engineer/Public Works
Director.
15. Prior to the issuance of any building permit in the FEMA identified 100-
year floodplain A Federal Emergency Management Agency (FEMA)
approved Conditional Letter of Map Revision (CLOMR) shall be provided
to the City Engineer/Public Works Director.
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16. Prior to the issuance of the first building permit, the Developer shall
provide the City with a written request for the City to adopt a resolution
authorizing enforcement of applicable provisions of the California Vehicle
Code and Moorpark Municipal Code.
17. The Developer shall comply with all mitigation measures of the Mitigated
Negative Declaration. Said mitigation measures are hereby adopted by
reference and made Conditions of Approval.
18. Initial buyers shall be made aware of the future use of the 1.64 acre site
for affordable housing, the potential construction of a public recreational
trail along Arroyo Simi and the potential future expansion of improvements
to Arroyo Vista Community Park, which may include additional
recreational fields, lighting and use of the existing bridge for vehicles.
Notification shall be in a form to the satisfaction of the Community
Development Director.
19. Improvements to Los Angeles Avenue as part of the project shall include a
bus turnout, a deceleration/acceleration lane at the main project entrance,
and parkway landscaping in front of the soundwall to the satisfaction of the
City Engineer/Public Works Director. If directed by the City Council and
approved by Caltrans, the applicant shall, at its sole cost and expense,
install a traffic signal at the intersection of Los Angeles Avenue (SR118)
and Shasta Avenue/Project entrance. Final design, plans and
specifications shall be as approved by the City Council and Caltrans and
shall include an interconnect system. The applicant shall also pay City’s
costs for plan check and inspection plus City administrative costs. Should
Caltrans not allow a deceleration lane; the City Engineer will authorize the
construction of a longer curb radius at the Los Angeles Avenue/Shasta
Avenue entry, to allow for a smoother transition.
20. A Traffic Systems Management fee shall be paid, on a per home basis,
consistent with such fee paid for Vesting Tentative Tract Map 5882, or in
effect at the time of building permit issuance, or as specified in any
development agreement adopted for this project.
21. Sidewalks shall be provided on both sides of all private streets within the
tract (not including common driveways to garages in the Verbena
neighborhood).
22. Water impoundment(s) shall be maintained in a manner which will not
create mosquito breeding sources.
23. Prior to or concurrently with approval of the first Phased Final Map the
applicant shall grant the City public access easements to the Arroyo Simi
for future trail and recreational purposes. The exact location of said
easements will be subject to the approval of the Community Development
Director and the City Engineer. Concurrent with the completion of the
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southerly block fence/wall the applicant shall install a gate in the southern
project boundary fence/wall for access to the Arroyo by the public in the
event that a trail or recreational facility is installed along the Arroyo. The
gate shall be locked until such time as a trail or such facility is installed
and access is granted.
24.A conduit for future installation of high speed internet service shall be
installed behind the right-of-way on Los Angeles Avenue and Leta Yancy
Road, and throughout the development, subject to review and approval of
the City Engineer and Community Development Director.
25.The applicant shall record an easement or other instrument prohibiting
private openings of perimeter walls or fences onto Los Angeles Avenue,
Leta Yancy Road, the Arroyo Simi, or adjacent private properties subject
to review and approval of the City Engineer and Community Development
Director. This restriction shall be reiterated in the Covenants, Conditions
and Restrictions for this project.
-END -
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