HomeMy WebLinkAboutRES CC 2005 2399 2005 1005RESOLUTION NO. 2005 -2399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, FEBRUARY 28, 2006, FOR THE
SUBMISSION OF AN ORDINANCE TO THE QUALIFIED VOTERS
RELATING TO THE NORTH PARK VILLAGE AND NATURE
PRESERVE PROJECT, AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general
law cities in the State of California a Special Municipal Election
shall be held on Tuesday, February 28, 2006, for the purpose of
submitting to the voters at the election a question relating to
adoption of an ordinance approving the North Park Village and
Nature Preserve Project on a 3,544 -acre site, including a Specific
Plan (SP 2001 -01), Development Agreement (DA 2005 -01), Zone Change
(ZC 2001 -02) and General Plan Amendment (GPA 2001 -05) with a CURB
(City Urban Restriction Boundary) amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities, there is
called and ordered to be held in the City of Moorpark, California,
on Tuesday, February 28, 2006, a Special Municipal Election for the
purpose of submitting to the voters the following question:
Shall the Ordinance approving the North Park
Village and Nature Preserve Plan on 3,544
acres, including a General Plan Amendment, Yes
Specific Plan, Zone Change and Development
Agreement, which together: amend the CURB
Boundary; prohibit development on 434 acres of
open space and a 2,160 -acre nature preserve;
permit 1,680 homes, a recreational lake, and
70,000 square feet of commercial buildings;
and fund new schools, parks, and a fire No
station, among other things, be adopted?
Resolution No. 2005 -2399
Page 2
SECTION 2. That the proposed complete text of the ordinance
to be submitted to the voters is attached as Exhibit 1.
SECTION 3. That the ballots to be used at the election shall
be in form and content as required by law.
SECTION 4. That the City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 5. That the polls for the election shall be open at
seven o'clock a.m. of the day of the election and shall remain open
continuously from that time until eight o'clock p.m. of the same
day, when the polls shall be closed, except as provided in Section
14401 of the Elections Code of the State of California.
SECTION 6. That pursuant to Elections Code Section 12310, a
stipend for services for the persons named as precinct board
members is fixed at the sum of $200.00 for each inspector and
$140.00 for each Clerk for the election, and in addition the sum of
$25 will be given to each precinct board member to attend a
training class and the sum of $20 to be given to each inspector to
pick up the precinct supplies. The rental to be paid for each
polling place, where a charge is made, shall be a minimum of
$25.00, or as approved by the City Manager for the election. When
required, the compensation of the Custodian of a building shall be
whatever the polling place owner requires, and as approved by the
City Manager, for the election.
SECTION 7. That in all particulars not recited in this
Resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give such further or additional notice of the election,
in time, form, and manner as required by law.
Resolution No. 2005 -2399
Page 3
SECTION 9. The City Clerk shall certify to the adoption of
this resolution and shall cause a ce fied resolution to be filed
in the book of original resolu ons.
PASSED AND ADOPTED thYs 5th day of Octpbe�r-/-7&,05
Patrick qunEer, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 1: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING THE NORTH PARK VILLAGE AND NATURE PRESERVE
PROJECT ON A 3,544 -ACRE SITE, INCLUDING A SPECIFIC PLAN
(SP 2001 -01), DEVELOPMENT AGREEMENT (DA 2005 -01), ZONE
CHANGE (ZC 2001 -02) AND GENERAL PLAN AMENDMENT (GPA
2001 -05) WITH A CURB (CITY URBAN RESTRICTION BOUNDARY)
AMENDMENT
Resolution No. 2005 -2399 North Park Ordinance
Page 4
EXHIBIT 1
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING THE NORTH PARK
VILLAGE AND NATURE PRESERVE PROJECT ON
A 3,544 -ACRE SITE, INCLUDING A SPECIFIC
PLAN (SP 2001 -01), DEVELOPMENT
AGREEMENT (DA 2005 -01), ZONE CHANGE (ZC
2001 -02) AND GENERAL PLAN AMENDMENT
(GPA 2001 -05) WITH A CURB (CITY URBAN
RESTRICTION BOUNDARY) AMENDMENT
The People of the City of Moorpark do ordain as follows:
SECTION 1. Purpose and Findings:
1.1 North Park Village L.P. has submitted an
application for development of a 3,544 -acre
project site located in the County of Ventura
unincorporated area immediately adjacent to the
Northeast boundary of the City of Moorpark. The
Development contemplates construction of 1,680
residential units, up to 70,000 square feet of
commercial uses, a recreational lake, parks, a
freeway offramp, roadways, schools, a fire
station, 2,160 acres of open space, all as more
particularly described in Specific Plan 2001 -01
(the "Project "). The Project application
includes a General Plan Amendment (GPA 2001 -05),
a Specific Plan (SP 2001 -01), a Zone Change (ZC
2001 -02) and a Development Agreement (DA 2005 -01)
(collectively, the "Project Entitlements "); and
1.2 The People of the City of Moorpark approved
Measure "S," the Moorpark Save Open -space and
Agricultural Resources initiative, at a special
election held January 12, 1999, which became
effective February 13, 1999. Measure S amended
the Moorpark General Plan to create the Moorpark
CURB (City Urban Restriction Boundary), which
CURB is coterminus with the Sphere of Influence
line established by the Local Agency Formation
Commission as such existed as of January 1, 1998;
and
Resolution No. 2005 -2399
Page 5
North Park Ordinance
1.3 The Moorpark CURB prohibits the provision of
urban services or approval of urbanized uses of
land (with a few exceptions) by the City beyond
the Moorpark CURB; and
1.4 Measure S provides "The City Council following at
least one public hearing for presentations by an
applicant and by the public, and after compliance
with the California Environmental Quality Act,
may place any amendment to the Urban Restriction
Boundary on the ballot pursuant to the mechanisms
provided by State law "; and
1.5 California Elections Code section 9222 provides
that a City Council may submit to the voters a
proposition for the enactment of any ordinance;
and
1.6 The City of Moorpark in processing the
application for the Project Entitlements has held
numerous public hearings before both the City
Planning Commission and the City Council, at
which hearings the applicant and the public have
had opportunities to make presentations; and
1.7 The City of Moorpark City Council, by Resolution
2005 -2338 certified an Environmental Impact
Report for the Project ( "EIR "). By Resolution
2005 -2339 the City Council adopted findings, a
Mitigation Monitoring and Reporting Program, and
a Statement of Overriding Considerations for the
EIR and Project, all as required by the
California Environmental Quality Act and the
requirements of Measure S; and
1.8 Subsequent to the adoption of Resolutions 2005-
2338 and 2005 -2339, the City Council adopted
Resolution 2005 -2399, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
FEBRUARY 28, 2006, FOR THE SUBMISSION OF AN
ORDINANCE TO THE QUALIFIED VOTERS RELATING TO THE
NORTH PARK VILLAGE AND NATURE PRESERVE PROJECT,
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
Resolution No. 2005 -2399
Page 6
North Park Ordinance
STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES."
SECTION 2. The Moorpark General Plan is hereby
amended by General Plan Amendment 2001 -05, attached hereto
as Exhibit A.
SECTION 3. Specific Plan 2001 -01, a certified copy
of which is attached hereto as Exhibit B, is hereby
adopted.
SECTION 4. The Moorpark zoning code is hereby
amended by Zone Change 2001 -02, attached hereto as Exhibit
C.
SECTION 5. Development Agreement 2005 -01, a copy
of which is attached hereto as Exhibit D, is hereby
adopted.
SECTION 6. Notwithstanding any provision of GPA
2001 -05, SP 2001 -01, ZC 2001 -02 and DA 2005 -01, as approved
herein, any amendment to the Moorpark General Plan, Zoning
Ordinance, SP 2001 -01 or DA 2005 -01 which is inconsistent
with the following restrictions shall require a vote of the
Moorpark electorate:
1. The number of homes permitted in SP 2001 -01 shall
not be increased above 1,680 without approval of the
Moorpark electorate.
2. The Moorpark City Urban Restriction Boundary
(CURB) line governing the SP 2001 -01 planning area shall
not be expanded beyond the voter - approved boundaries
without approval of the Moorpark electorate.
3. The minimum 500 foot open space buffer between
existing residences and new residences in SP 2001 -01 shall
not be reduced without approval of the Moorpark electorate.
4. The maximum permissible square footage of
commercial construction in SP 2001 -01 shall not be
increased above 70,000 square feet without approval of the
Moorpark electorate.
5. The size of the North Park Nature Preserve (PA
27) shall not be decreased from 2,160 acres without
approval of the Moorpark electorate.
Resolution No. 2005 -2399 North Park Ordinance
Page 7
6. No more than 500 residential units may receive
building permits, until the new SR -118 interchange as shown
in SP 2001 -01 is open for public use, without approval of
the Moorpark electorate.
7. Public access to public parks, the recreation
lake and public trails identified in SP 2001 -01 shall not
be made more restrictive without approval of the Moorpark
electorate.
SECTION 7. If any section, sub - section, provision,
sentence, clause, phrase, part, or portion of this
ordinance is held to be invalid or unconstitutional by a
final judgment of a court of competent jurisdiction, such
that any of the entitlements contemplated within Sections 2
through 5, or the limitations contemplated in Section 6 are
not valid or enforceable, then this entire ordinance shall
be invalid. It is the intent of the voters of the City of
Moorpark that the North Park Village Project, including GPA
2001 -05, SP 2001 -01, ZC 2001 -02 and DA 2005 -01 and the
limitations on amendments of those entitlements as set
forth in Section 6 are one project and that the invalidity
of any of these entitlements would diminish the quality of
the overall project to a level that is unacceptable to the
Moorpark electorate.
SECTION 8.
Notwithstanding the date that
this
Ordinance is deemed adopted under State law, GPA 2001
-05,
SP 2001 -01, ZC
2001 -02 and DA 2005 -01, shall not become
effective until
completion of the annexation of
the
property described within SP 2001 -01 to the City
of
Moorpark; provided, however, that if the annexation is
not
completed within forty -eight (48) months of
the
certification of
the election results, this Ordinance shall
be null and void
and of no further force or effect.
This
forty -eight (48)
month period shall be tolled during
the
pendency of any
litigation challenging the Project,
this
Ordinance, the election for this Ordinance, or the EIR
for
the Project.
ATTACHMENTS:
Exhibit A -
General Plan Amendment 2001 -05
Exhibit B -
Specific Plan 2001 -01
Exhibit C -
Zone Change 2001 -02
Exhibit D -
Development Agreement 2005 -01
Resolution No. 2005 -2399 North Park Ordinance
Page 8
EXHIBIT A
GENERAL PLAN AMENDMENT NO. 2001 -05
LAND USE ELEMENT AMENDMENTS: The Land Use Element of the
City of Moorpark General Plan is amended to read as
follows:
SECTION 4.0 LAND USE GOALS AND POLICIES: Page 11 of the
General Plan, under the heading Growth and Population,
Policy 2.1 is amended to read as follows:
Growth and Population
GOAL 1: Attain a balanced city growth pattern that includes
a full mix of land uses.
Policy 1.1: New development and redevelopment shall
be orderly with respect to location, timing and
density /intensity; consistent with the provision of
local public services and facilities; and compatible
with the overall suburban rural community character.
Policy 1.2: Every five years the City's land use
inventory shall be reviewed and, if necessary, the
land use element shall be modified to ensure that
general -plan policies are being adhered to and to
provide an adequate up -to -date data base for
continuing development considerations.
Policy 1.3: New residential development shall be
consistent with City- adopted growth ordinance
policies.
Policy 1.4: New development and redevelopment shall
be coordinated so that the existing and planned
capacity of public facilities and services shall not
be adversely impacted.
Policy 1.5: A comprehensive planning approach for
undeveloped areas of the community shall be followed,
to prevent disjointed, incremental expansion of
development.
Resolution No. 2005 -2399 North Park Ordinance
Page 9
GOAL 2: Establish a logical Sphere of Influence.
Policy 2.1: The City shall strive to obtain and
maintain sphere of influence boundaries consistent
with the City Urban Restriction Boundary, as amended
by vote of the electorate, or pursuant to the
procedures set forth in Section 8.4.
SECTION 5.2 SPECIFIC PLAN DESIGNATION - SP: Page 35 of the
General Plan under the subtitle "Planning Area Outside City
Limits" is amended to read as follows:
Planning Area Outside City Limits
Specific plan areas 4, 5, 6, 7 and 8 (proposed within
the unincorporated planning area) were analyzed in
conjunction with the updating of the Land Use Element
but were found to be outside the sphere of influence
and outside of the CURB (see, Section 8.0, et seq.)
and accordingly not appropriate for urban development
and were, therefore, not approved.
Specific Plan 4 (Deleted)
Specific Plan 5 (Deleted)
Specific Plan 6 (Deleted)
Specific Plan 7 (Deleted)
Specific Plan 8 (Deleted)
Specific Plan 11 (North Park Village and Nature
Preserve)
Specific Plan 11 consists of approximately 3,544
acres, located north of State Route 118 (SR -118),
northeast of downtown Moorpark and north of Moorpark
College. The Specific Plan area lies entirely within
the City of Moorpark's area of interest.
Resolution No. 2005 -2399
Page 10
North Park Ordinance
The North Park Village and Nature Preserve Specific
Plan shall incorporate the following elements and
policies:
ired Plan Elements:
■ A maximum of 1,500 single- family detached homes
and 180 affordable housina units.
■ A minimum 500 -foot open space buffer between
existing homes and new homes.
■ A maximum of 70,000 square feet of local serving,
lake oriented commercial uses in a neighborhood
center that includes 90 of the affordable housing
units.
■ A 2,160 -acre nature preserve protected by the
Moorpark City Urban Restriction Boundary
(Moorpark CURB) line.
■ A 434 -acre open space system.
■ A 26 -acre (net usable acres) public communit
park.
■ A 67 -acre publicly- accessible recreation lake
area (including lake surface and lake buffer).
■ A 9.3 -acre public lakefront park
■ A 4.5 -acre public nature park
■ A 1.5 -acre fire station site, and 1.5 -acre fire
service helispot site.
■ An 18 -acre school site offered for dedication to
the Moorpark Unified School District.
■ A new SR -118 interchange approximately one mile
east of Collins Drive providing direct vehicular
access from SR -118 to the Specific Plan area and
Moorpark College, completed prior to the issuance
of the 501" residential buildina permit.
Resolution No. 2005 -2399 North Park Ordinance
Page 11
Required Plan Policies:
■ The number of homes permitted in Specific Plan 11
shall not be increased above 1,680 without
approval of the Moorpark electorate.
■ The Moorpark CURB line governing the Specific
Plan 11 planning area shall not be expanded
beyond the voter - approved boundaries without
approval of the Moorpark electorate.
■ The minimum 500 -foot open space buffer between
existing residences and new residences in
Specific Plan 11 shall not be reduced without
approval of the Moorpark electorate.
■ The maximum permissible square footage of
commercial construction in Specific Plan 11 shall
not be increased above 70,000 square feet without
approval of the Moorpark electorate.
■ The size of the nature preserve shall not be
decreased from 2,160 acres without approval of
the Moorpark electorate.
■ No more than 500 residential units may receive
building permits until the new SR -118 interchange
as shown in SP 2001 -01 is open for public use
unless approved by the Moorpark electorate.
■ Public access to public parks, the recreational
lake, and public trails identified in an approved
Specific Plan for Specific Plan 11 shall not be
made more restrictive without the approval of the
Moorpark electorate.
■ At least sixty -five percent (65 %) of the land in
Specific Plan 11 with slopes greater than twenty
percent (20 %) shall be preserved in a natural
condition.
■ At least eiqhty percent (80 %) of the existin
native oak trees subject to the provisions of
Chapter 12.12 of the Moorpark Municipal Code
shall be preserved. Oak trees affected by the
Specific Plan development shall be either
Resolution No. 2005 -2399 North Park Ordinance
Page 12
relocated or replaced so that the site ultimately
contains a net increase in oak trees.
SECTION 6.0 LAND USE PLAN STATISTICAL SUMMARY; Page 38,
consisting of three paragraphs, is amended to read as
follows:
The following table (Land Use Plan - statistical
summary, Table 3) summarizes the approximate acreage
and the number of dwelling units resulting from each
of the land use classifications designated on the Land
Use Plan maps for the overall planning area (City Area
- Exhibit 3, and Unincorporated Area - Exhibit 4).
Dwelling unit n/c is based on an estimate of the
density, which could occur for each residential land
use classification based on the maximum density
permitted. The actual number of dwelling units
constructed and associated population amount will vary
with the development conditions and constraints for
each project (access, availability of services,
geotechnical and natural resource constraints, etc.).
In addition, a density increase above the maximum
density could be approved, up to the designated
density limit for each residential land use category,
if public improvements, public services, and /or
financial contributions are provided that the City
Council determines to be of substantial public benefit
to the community, except that the overall number of
homes in SP 11 (North Park Village and Nature Preserve
Specific Plan) may not be increased above 1,680
without approval by the Moorpark electorate.
As identified on Table 3, a combined total of up to
3-2,Blz 14,191 dwelling units could be constructed in
the overall City of Moorpark planning area, based on
maximum density estimates. The resulting build -out
population for the Moorpark planning area would be
approximately 34,280 38,883 persons, based on the
County's 2.74 population dwelling unit factor for the
year 2010. Note, however, that the resulting build -out
for the Moorpark planning area would be approximately
(a) 41,799 47,412 persons, based on the California
Department of Finance Demographic Research Unit's
"Ventura County Population and Housing Estimates" for
Moorpark which average 3.341 persons per household for
the year 1994 -1997 inclusive; or, (b) 40,785 46,262
Resolution No. 2005 -2399 North Park Ordinance
Page 13
persons, based on the "VCOG 2020 population Per
Dwelling Unit Ratio Forecast" for the City of Moorpark
(3.26 persons per dwelling unit) . The Table 3 build -
out figures were calculated using the smaller county-
wide ratios and are considered a conservative
population estimate for the City.
Additionally, the Environmental Impact Report prepared
for this land use element and circulation element
update of the Moorpark General Plan evaluates
potential impacts on the service capabilities of
relevant infrastructure systems (i.e., sewer, water,
police, fire, etc.) associated with the land use
designations proposed as a part of this update
process. Environmental documents prepared for
subsequent and proposed amendments to the General Plan
evaluate the potential impacts of such amendments.
SECTION 6.0 TABLE 3, LAND USE PLAN STATISTICAL SUMMARY:
Pages 39 -40 of the Moorpark General Plan, Table 3, are
amended to add the North Park Village and Nature Preserve
Plan (SP 11) to the City's Land Use Designation,
Unincorporated Area and Planning Area, to read as follows:
Resolution No. 2005 -2399 North Park Ordinance
Page 14
TABLE 3
LAND USE PLAN - STATISTICAL SUN24ARY
LAND USE
CITY
UNINCORPORATED
TOTAL PLANNING
DESIGNATION
AREA
AREA
AREA COMBINED
RURAL LOW
1,668
334
1,668
RL
(1 du / 5
____
____
334 du
acres maximum)
ac
du
ac
RURAL HIGH
2a8
RH
(1 du /acre
- - --
- - --
208 ac
208 du
maximum)
2d8
LOW DENSITY
168
ld8
L
(1 du / acre
- - --
- - --
168 ac
168 du
maximum)
b
MEDIUM LOW
DENSITY
568
1,136
1,136
ML
(2 du / acre
ac
du
568 ac
du
maximum)
MEDIUM DENSITY
1,174
4,696
1,174
4,696
M
(4 du / acre
ac
du
- - --
- - --
ac
du
maximum)
HIGH DENSITY
H
(7 du /acre
343
2,401
____
- - --
343 ac
2 401
maximum)
ac
du
du
VERY HIGH
DENSITY
161
2,415
2,415
VH
(15 du / acre
ac
du
- - --
- - --
161 ac
du
Maximum)
SP
SPECIFIC PLAN*
285
415
SP 1
LEVY
du
- - --
- - --
285 ac
415 du
ac
SP 2
JBR
445
475
- - --
445 ac
475 du
ac
du
SP 9
MUSD
25 ac
80 du
- - --
- - --
25 ac
80 du
SP 10
SCHLEVE
71 ac
1554
- - --
71 ac
154 du
du
SP 11
NORTH
____
3,544
1,680
3,544
1,680
ac
ac
PARK
du
du
NEIGHBORHOOD
C -1
COMMERCIAL
9 ac
- - --
- - --
- - --
9 ac
(.25 FAR)
GENERAL
194
C -2
COMMERCIAL
- - --
- - --
- - --
194 ac
(.25 FAR)
ac
Resolution No. 2005 -2399 North Park Ordinance
Page 15
LAND USE
CITY
UNINCORPORATED
TOTAL PLANNING
DESIGNATION
AREA
AREA
AREA COMBINED
LIGHT
263
I -1
INDUSTRIAL
- - --
- - --
- - --
263 ac
(.38 FAR)
ac
MEDIUM
285
I -2
INDUSTRIAL
- - --
- - --
- - --
285 ac
( . 38 FAR)
ac
AGRICULTURE 1
AG1
1 du / 10 -40
45 ac
1 du
- - --
- - --
45 ac
acres)
AGRICULTURE 2
AG2
(1 du / 40
- - --
- - --
- - --
- - --
- - --
acres
OPEN SPACE 1
OS1
1 du / 10 -40
16 ac
1 du
- - --
- - --
16 ac
acres)
OPEN SPACE 2
4:' 9$0
1,0$0
OS2
(1 du / 40
1,064
27 du
- - --
- - --
1,064
27 du
acres)
ac
ac
357
S
SCHOOL
- - --
- - --
- - --
357 ac
ac
197
P
PARK
- - --
- - --
- - --
197 ac
ac
U
UTILITIES
47 ac
- - --
- - --
- - --
47 ac
PUBLIC /
PUB
INSTITUTIONAL
16 ac
- - --
- - --
- - --
16 ac
FRW
FREEWAY/
Y
R/W
RIGHT -OF -WAY
291
- - --
- - --
- - --
291 ac
ac
TOTAL DWELLING
UNITS **
12,511
1,680
12,511
(At Build -out -
du
du
14,191
du
Year 2010)
—
TOTAL POPULATION * **
(At Build -out -
34,280
4,521
34,84
Year 2010)
38,883
TOTAL CITY AREA ACRES (Approximate)
7,916
ac
TOTAL UNINCORPORATED AREA ACRES
$
(Approximate)
3,528
ac
TOTAL PLANNING AREA COMBINED
7,91-6
(Approximate)
11,444
ac
Resolution No. 2005 -2399 North Park Ordinance
Page 16
* Acreage for open space, schools, parks, commercial, highway
right -of -way and any other appropriate land uses will be determined
at time of specific plan approval.
** Residential Density calculations for specific plan areas are
based on the maximum density. Section 5.2 of the Land Use Element
allows the City Council to approve a density exceeding the maximum
density up to an identified density limit, if public improvements,
public services and /or financial contributions are provided that the
City Council determines to be of substantial public benefit to the
community, except that the density of SP 11 (North Park Village and
Nature Preserve Plan) may not be changed without a vote of the
electorate of the City of Moorpark.
* ** Based on 2.74 persons per dwelling unit. These numbers are
reflective of the 1992 Land Use Element. General Plan amendments
approved by the City since 1992, when added to the proposed 1,680
housing units in the North Park Village and Nature Preserve Specific
Plan project, with an average household size of 3.55 persons (as
estimated by the State of California Department of Finance for
January, 2005) would result in 15,154 housing units and a population
of 53,797.
Resolution No. 2005 -2399 North Park Ordinance
Page 17
EXHIBIT 4
PLANNING AREA LAND USE PLAN MAP:
Amended to add SP 11 as depicted in Exhibit A2.
SECTION 8.3 IMPLEMENTATION OF CURB, SUBSECTION A: Amended
to clarify the proper exhibit order and name, as follows:
A. The City of Moorpark hereby establishes and
adopts a Moorpark City Urban Restriction Boundary
(Moorpark CURB) line. The Moorpark CURB shall be
established coterminous with and in the same location
as the Sphere of Influence line established by the
Local Agency Formation Commission as it exists as of
January 1, 1998, or as altered or modified pursuant to
the Amendment Procedures set forth below. Graphie
repres -cizta cz- en ez that 44ne is _he= wiz— crt E3Exb -r�r—
The Moorpark CURB line is depicted in General Plan
Exhibit 5.
SECTION 8.3 IMPLEMENTATION OF CURB: The Moorpark CURB line
is amended to include the approximately 1,368 acre planned
development portion of the North Park Village and Nature
Preserve Specific Plan, as depicted in Exhibit B2
(reflecting the amended Planning Area Land Use Plan Map,
Exhibit 4, City of Moorpark General Plan) and clarifying
the proper General Plan Land Use Element exhibit order.
CIRCULATION ELEMENT AMENDMENTS:
The Circulation Element of the City of Moorpark General
Plan is amended as follows: FIGURES 2, 3 and 4 City of
Moorpark General Plan Circulation Element, Highway Network,
Bikeway Element and Equestrian Trail Network, pages 19, 22
and 24 respectively are amended to delete the eastern
extension of Broadway and to add a new separate roadway
system comprised of a new interchange at SR 118
approximately 1 mile east of Collins Drive, a four -Lane
arterial connecting SR -118 to Moorpark College and Specific
Plan 11, and local collectors, as depicted in Exhibit C2.
The bikeway exhibit is amended to reflect the new road
system without altering the bikeway circulation plan, as
depicted in Exhibit C2. The equestrian exhibit is amended
to reflect the road system and move the north eastern -most
equestrian trail eastward as depicted in Exhibit E2.
Resolution No. 2005 -2399
Page 18
North Park Ordinance
SECTION 5.0 ROADWAY CIRCULATION PLAN, CIRCULATION SYSTEM:
The last paragraph of page 20 of the Circulation Element of
the Moorpark General Plan is amended to delete Broadway
Road and to add a new roadway system providing direct
access to Moorpark College, as read as follows:
CIRCULATION SYSTEM
The goals and policies included in the Circulation
Element emphasize the need for a circulation system
that is capable of serving both existing and future
residents while preserving community values and
character. The location, design and constituent modes
of the circulation system have major impacts on air
quality, noise, community appearance, and other
elements of the environment.
The highway network designated in the Circulation
Element is illustrated in Figure 2, and indicates all
of the designated freeways, six -lane arterials, four -
lane arterials and rural collectors. In addition, a
selected number of designated local collectors, which
carry through traffic, are indicated on the map. Any
permanent closure to through traffic or relocation of
the designated arterials and collectors will require a
General Plan Amendment. Highway facilities are shown
within the current City limits as well as for the
surrounding planning area that has been defined for
the General Plan Update.
Existing and potential future traffic signal locations
within the City limits are also indicated on the
highway network map, as are existing and potential at-
grade and grade separated railroad crossing locations.
Traffic signal warrants are satisfied for the
locations shown here based on current traffic
projections. Traffic signalization may be required at
minor street and driveway locations not shown on the
Circulation Element highway network map. A grade
separated railroad crossing is shown only for the
future SR -118 bypass arterial crossing. Grade
separation is not considered feasible at the four
existing railroad crossings (Gabbert Road, Moorpark
Avenue, Spring Road and Los Angeles Avenue).
The roadway network in the Circulation Element
indicates a number of improvements with regard to the
existing roadway system in the Moorpark planning area.
Resolution No. 2005 -2399 North Park Ordinance
Page 19
The following are the more important improvements that
will need to be implemented:
• Connection of the SR -118 and SR -23 freeways with
new interchanges at Collins Drive and Princeton
Avenue.
• Provision of an east /west SR -118 arterial bypass
from the SR -23 /SR -118 connector to Los Angeles
Avenue west of Buttercreek Road, without a
connection to Walnut Canyon Road, and recognition
of a potential future SR -118 freeway extension
west of the City limits.
• Provision of a north /south SR -23 arterial bypass
from the SR -23 /SR -118 connector to Broadway Road.
• Extension of Spring Road north to the SR -23
arterial bypass.
• Provision of a local collector system to serve
circulation needs in the northwest portion of the
City. Local collectors added to the existing
circulation system include an extension of Casey
Road to Gabbert Road, "C" Street between Grimes
Canyon Road and the SR -23 arterial bypass and "D"
Street between Princeton Avenue and the SR -23
arterial bypass.
• Provision of a roadway system to serve
circulation needs in the Carlsberg Specific Plan
(Moorpark Highlands) area in the southeast
portion of the City. Roadways added to the
existing circulation system include an extension
of Science Drive from New Los Angeles Avenue to
Tierra Rejada Road, and an extension of Peach
Hill Road to Science Drive.
Read and the SR 118 freeway te serve eirediatree
heeds e€— petenti-al agrieultur 1, eper-r-- sporee, er
reereatienal uses in the pertlen ef the planning
area nerreast of th-e —elty 1iFft i t-s . In
conjunction with the development of Specific Plan
11, provision of an interchange at SR -118
approximately one mile east of Collins Drive and
a four -lane arterial with raised median
Resolution No. 2005 -2399 North Park Ordinance
Page 20
connecting the SR -118 from this new interchange
to Moorpark Colleae and Specific Plan 11.
OPEN SPACE, CONSERVATION AND RECREATION ELEMENT AMENDMENTS:
The Open Space, Conservation and Recreation Element of the
City of Moorpark General Plan is amended as follows:
SECTION II OPEN SPACE, Subsection D: Existing Open Space
Areas, Paragraph 2 Parks - Inventory of Existing and
Proposed Facilities, page II -8 of the Open Space,
Conservation and Recreation Element of the Moorpark General
Plan is amended to read as follows:
2. Parks - Inventory of Proposed and Existing Facilities
Type of
size
(in
Status
Name
Facility
acres)
Location
April 4, 1986*
Community
4550 Tierra
Arroyo Vista
park
69'0
Rejada Rd.
Existing
Neighborhood
South of L.A.
Planned;
Buttercreek
13.0
Avenue Adjacent
Location
park
to Arroyo Simi
Undecided
Neighborhood
L.A. Av. at
Campus
Park
2'S
Hartford
Existing
Campus Canyon
Neighborhood
6400 Harvard
2.5
Existing
Park
Park
Street
Community
Neighborhood
799 Moorpark
Center Park
Park
'S
Avenue
Existing
County Trail
Neighborhood
11701
Park
Park
8'0
Mountain Trail
Existing
Neighborhood
Tierra Rejada
Pending
Glenwood
park
4.5
at Harvester
Acceptance by
Rd.
City
Glenwood Park
Neighborhood
4.5
11800 Harvester
Existing
Park
Street
Greenbelt
Within Tierra
Agreement
Open Space
--
Rejada Valley
Existing
Area
Griffin Park
Neighborhood
5.0
15400 Campus
Existing
Park
Park Drive
North of the
City
Regional
3,70
Boundaries, but
Happy Camp
Park
0
within
proposed
Moorpark's Area
of Interest
Resolution No. 2005 -2399 North Park Ordinance
Page 21
Type of
size
(in
Status
Name
Facility
acres)
Location
April 4, 1986*
Neighborhood
4530 Miller
Miller Park
6.5
Existing
Park
Parkway
Monte Vista
Nature Park
5.0
Moorpark Rd.
Acceptance
Nature Park
near Peach Hill
Pending
Community
Moorpark Ave.
Moorpark
4.5
Existing
Center
at Charles St.
39 Acres
Currently Owned
by City and
Mountain
Community
South of Arroyo
Leased for
69 .0
Simi at Liberty
Meadows #4
Park
Farming; 30
Bell Rd.
Acres Proposed
for Dedication,
July 1986
Mountain
Neighborhood
North of Tierra
Design Approved
Meadows N.
8'0
park
Rejada Rd.
by City
Village
Mountain
South of
Meadows S.
Neighborhood
extension of
Village
Park
8.0
Tierra Rejada
Proposed
p
Road
Neighborhood
Mountain
West end of
Meadows W.
Park &
8.0
Peach Hill
Design Approved
Retention
by City
Village
Drain
Basin
North Park
Community
Within Specific
Community
park
27'3
Proposed*
Plan 11
Park
North Park
Neighborhood
Within Specific
Lakeside Park
9'3
Proposed *
Park
Plan 11
North Park
Within Specific
Nature Park
Nature Park
4.5
proposed*
Plan 11
North Park
Nature
Within Specific
Nature
Preserve
2i6o.o
Proposed*
Plan 11
Preserve
Paul E.
Neighborhood
Campus Park Rd.
Griffin Sr.
Park
4.0
at College View
Existing
Neighborhood
Peach Hill Rd.
Peach Hill
park
10.0
and Christian
Design Phase
Barrett
Poindexter
Neighborhood
500 Poindexter
Park
Park
7.5
Ave.
Existing
Resolution No. 2005 -2399
Page 22
North Park Ordinance
SECTION II, OPEN SPACE, Figure 3, Parks
Areas: Figure 3, as amended, as shown on
remove the developable portions of SP
Village and Nature Preserve Plan) from
classifications as shown on Figure 3.
and Open Space
Exhibit F2, to
11 (North Park
the open space
Type of
Size
(in
Status
Name
Facility
acres)
Location
April 4, 1986*
South of Tierra
Rejada Road and
West of the
Regional
Moorpark
Tierra Rejada
Recreation
250-
Freeway.
Proposed
Lake
300
Outside of City
Area
Boundaries, but
within
Moorpark's Area
of Interest
Tierra Rejada
Neighborhood
11900 Mountain
8'0
Existing
Park
Park
Trail St.
North of Campus
Neighborhood
Park Drive,
Tract 3963
6.0
West of
Proposed
Park
Moorpark
College
Villa
Neighborhood
4704 Leta Yancy
.5
Existing
Campesina
Park
Road
Virginia
Neighborhood
14507 Condor
1.0
Existing
Colony Park
Park
Drive
Total
4092.5
6293.6
* North Park Village Parks status is as of 2005.
SECTION II, OPEN SPACE, Figure 3, Parks
Areas: Figure 3, as amended, as shown on
remove the developable portions of SP
Village and Nature Preserve Plan) from
classifications as shown on Figure 3.
and Open Space
Exhibit F2, to
11 (North Park
the open space
Resolution No. 2005 -2399 North Park Ordinance
Page 23
MOORPARK GENERAL PLAN EXHIBITS
Attached hereto are true and correct copies of the
following exhibits/ figures relating to the City of Moorpark
General Plan:
(a) Exhibit Al, (Existing Plan) Planning Area Land Use
Map, City of Moorpark General Plan, Exhibit 4;
(b) Exhibit A2, (Amendment) Planning Area Land Use Map,
City of Moorpark General Plan; Exhibit 4;
(c) Exhibit B1, (Existing Plan) Moorpark City Urban
Restriction Line, City of Moorpark General Plan;
(d)
Exhibit B2, (Amendment)
Moorpark City Urban
Restriction
Line, City of
Moorpark General Plan,
Exhibit 5;
(e)
Exhibit Cl,
(Existing Plan)
City of Moorpark, General
Plan Circulation Element, Highway Network, Figure 2;
(f)
Exhibit C2,
(Amendment) City
of Moorpark, General Plan
Circulation
Element, Highway
Network, Figure 2;
(g)
Exhibit D1,
(Existing Plan)
City of Moorpark, General
Plan Circulation Element, Bikeway Element, Figure 3;
(h)
Exhibit D2,
(Amendment) City
of Moorpark, General Plan
Circulation
Element, Bikeway
Element, Figure 3;
(i)
Exhibit E1,
(Existing Plan)
City of Moorpark, General
Plan Circulation Element,
Equestrian Trail Network;
Figure 4;
(j)
Exhibit E2,
(Amendment) City
of Moorpark, General Plan
Circulation
Element, Equestrian Trail Network; Figure
4;
(k) Exhibit F1, (Existing Plan) Open Space, Parks and
Recreation Element, Parks and Open Space Areas, City
of Moorpark, and Figure 3;
(1) Exhibit F2, (Amendment) Open Space, Parks and
Recreation Element, Parks and Open space Areas, City
of Moorpark, Figure 3.
Resolution No. 2005 -2399 North Park Ordinance
Page 24 Exhibit A -1 (Existing Plan)
■
r■
City of Moorpark General Plan
Planning Area Land Use Map
LEGEND
/ CURRENT CITY LIMITS AND SPHERE OF INFLUENCE
•� AREA OF INTEREST
VENTURA COUNTY LAND USE DESIGNATIONS
FOR AREAS OUTSIDE THE CURRENT CITY LIMITS
® RURAL
EZ AGRICULTURE
OPEN SPACE
5 ACRES MINIMUM
Note: Please refer to the text of the Land Use Element for a
description of the designated Specific Plan No. 8 area.
Exhibit 4
•'�
Area of Interest
■
.•'
■
■
i
■
�
.■��
■
\ 1
'
•i
■
'
■
r
iCurrent
City Limits and l '.
-+
- — .. — ..
Sphere of Influence
`-
City of Moorpark
-N.►
•
■
IRefer to Exhibit 3
■
for City Area Land Use Plan)
- I
.
Norlh
-- -- -'Ciry6oundary — - - - -- I
1
'
n
urx�
slxhr
I;
Smlc m feet
■
LEGEND
/ CURRENT CITY LIMITS AND SPHERE OF INFLUENCE
•� AREA OF INTEREST
VENTURA COUNTY LAND USE DESIGNATIONS
FOR AREAS OUTSIDE THE CURRENT CITY LIMITS
® RURAL
EZ AGRICULTURE
OPEN SPACE
5 ACRES MINIMUM
Note: Please refer to the text of the Land Use Element for a
description of the designated Specific Plan No. 8 area.
Resolution No. 2005 -2399 North Park Ordinance
Page 25 Exhibit A -2 (Proposed Amendment)
City of Moorpark General Plan
Planning Area Land Use Map
Exhibit 4
Area of Interest ■
■
■
■
r o ■
■
♦
♦
♦
♦
■
■
•
•
■
■
■ Al
E SP #11
■
1 2,160 Acre Nature Preserve ■
� r ■
Current City Limits and - -1
Sphere of Influence
i 434 Acres of Open Space
62 Acres of Parks
65 Acres of Public / Community Service
i 754 Acre Village (1,680 homes)
67 Acre Lake Area
w;
City of Moorpark j
r ■
.J ■
■
- City Boundary
LEGEND
■ O LSW SOW
■
� ■ Smlc in ke1
■
................... .
/ CURRENT CITY LIMITS AND VENTURA COUNTY LAND USE DESIGNATIONS
/ • SPHERE OF INFLUENCE FOR AREAS OUTSIDE THE CURRENT CITY LIMITS
♦ ♦ ♦' AREA OF INTEREST ® RURAL a OPEN SPACE
SPECIFIC PLAN #11 BOUNDARY AGRICULTURE 1 5 ACRES MINIMUM
Note: Please refer to the text of the Land Use Element for a
description of the designated Specific Plan No. 8 area.
Resolution No. 2005 -2399 North Park Ordinance
Page 26 Exhibit B -1 (Existing Plan)
Moorpark City Urban Restriction Boundary (CURB)
City of Moorpark General Plan
Exhibit 5
LEGEND
CURRENT CITY URBAN
RESTRICTION BOUNDARY
♦ ♦' AREA OF INTEREST
City
of Moorpark
.•'�•
Area of Interest
■
.•' ■
■
� .rr..rrrr♦
59�
2
■
■
-- ■-- - ---------- -- ---
♦
'¢
■
iu
■
■
■
■
'
City Urban Restriction
'
City Boundary
Boundary (CURB)
� �
I
■
.
� /
�
■
V YSW SIMMI
■
/
■
$c+lc in feet
r
..ter•
LEGEND
CURRENT CITY URBAN
RESTRICTION BOUNDARY
♦ ♦' AREA OF INTEREST
City
of Moorpark
-- ■-- - ---------- -- ---
■
North
'
City Boundary
rr
� �
I
■
.
� /
�
■
V YSW SIMMI
■
/
r ........so
. r. �'
$c+lc in feet
LEGEND
CURRENT CITY URBAN
RESTRICTION BOUNDARY
♦ ♦' AREA OF INTEREST
Resolution No. 2005 -2399 North Park Ordinance
Page 27 Exhibit B -2 (Proposed Amendment)
Moorpark City Urban Restriction Boundary (CURB)
f•
■
J.
♦
♦
•
City of Moorpark General Plan
Exhibit 5 •''
Area of Interest ■
■
■
?, o SP #11 Boundary
a ■
W Q I / ■
City Urban Restriction ;
Boundary (CURB)
(proposed)
City Urban Restriction
Boundary (CURB)
(existing)
City of Moorpark
LEGEND
CITY URBAN RESTRICTION BOUNDARY (CURB) LINE - EXISTING
I
J� CITY URBAN RESTRICTION BOUNDARY (CURB) LINE - PROPOSED
I
AREA OF INTEREST
/ Specific Plan #11 Boundary
■
North
■
■
■
o zsrw saw
■
S�nlc iu f�i
LEGEND
CITY URBAN RESTRICTION BOUNDARY (CURB) LINE - EXISTING
I
J� CITY URBAN RESTRICTION BOUNDARY (CURB) LINE - PROPOSED
I
AREA OF INTEREST
/ Specific Plan #11 Boundary
Resolution No. 2005 -2399 North Park Ordinance
Page 28 Exhibit C -1 (Existing Plan)
City of Moorpark General Plan
Circulation Element, Highway Network
Figure 2
--- --- CITY LIMIT BOUNDARY
FREEWAY
INTERCHANGE
SIX -LANE ARTERIAL
FOUR -LANE ARTERIAL
R — RURAL COLLECTOR
LEGEND
LOCAL COLLECTOR
■ SIGNALIZED INTERSECTION
❑ AT -GRADE RR CROSSING
N GRADE SEPARATED RR CROSSING
_ _ = SR -118 FREEWAY CORRIDOR
Resolution No. 2005 -2399 North Park Ordinance
Page 29 Exhibit C -2 (Proposed Amendment)
City of Moorpark General Plan
Circulation Element, Highway Network
Figure 2
SP #11 Boundary
i
OUNTAIN ERg4 REJADP
/-- MEADOW .- ._ --. --
( � City Boundary
--- --- CITY LIMIT BOUNDARY
FREEWAY
INTERCHANGE
SIX -LANE ARTERIAL
FOUR -LANE ARTERIAL
R — RURAL COLLECTOR
LEGEND
Norlh
1
0 1500 5000
Salle iu feel
LOCAL COLLECTOR
■ SIGNALIZED INTERSECTION
❑ AT -GRADE RR CROSSING
® GRADE SEPARATED RR CROSSING
_ _ = SR -118 FREEWAY CORRIDOR
Specific Plan #11 Boundary
Resolution No. 2005 -2399 North Park Ordinance
Page 30 Exhibit D -1 (Existing Plan)
City of Moorpark General Plan
Circulation Element, Bikeway Element
Figure 3
V'=
u
- — CITY LIMIT BOUNDARY
--- - - - - -- CLASS I BIKEWAY (BIKE PATH)
A facility designed for exclusive use by bicycles and
physically separated from vehicular traffic by a
barrier, grade separation or open space.
Cross -flows by vehicles and pedestrians allowed but minimized.
- - - - -- CLASS II BIKEWAY (BIKE LANE)
A paved area of roadway designated for preferrential use
of bicycles. Pavement markings and signage indicate
the presence of a bike lane on the roadway.
CLASS III BIKEWAY (BIKE ROUTE)
A conventional street where bike routes are indicated by sign only.
There are no special pavement walkways and bicycle traffic shares
the roadway with motorized traffic. Only Class III facilities
which connect the Moorpark sphere with the regional bikeway
system are identified in the bikeway network. Roadways which
are not designated with a Class II bikeway, but which serve as
connections between Class II facilities or the regional bikeway
system should be considered as Class III bikeways.
- _
BROADWAY i � -'
R BROADWAY
2
\
�d
9
_ i
CSTREET = �
__
—� �,, O=/ Drlw•
.
t 95�
0 0
city of
r c .
.� Moorpark �f
/ 1
�. �AMMU_P_RKD_;,_
T
SR 118
, BBB
_ g�
`� 1��P� MIG
L�1
SIMI VALLEY FWY
=Jy.0
TT'9
POINDEXTER --
GABBERT
'
PARK
ROUTE LANE
_ —
LOS ANGELES
.J
SP
BUTTER IL �90q
CREEK ' MOUNTAIN W ,
AI
.1 W�,�p�` ♦.� C'EEK
`Y $0
1 ,Slw I CHRISTIAN
- �" - - -i , I BARRIE DR. ,
,
MOUNTAI � � � -Ile'
J-2 �I e�u�
North
"Jp=l.
City Boundary
0
0
2500 5000
S.I, m feet
LEGEND
- — CITY LIMIT BOUNDARY
--- - - - - -- CLASS I BIKEWAY (BIKE PATH)
A facility designed for exclusive use by bicycles and
physically separated from vehicular traffic by a
barrier, grade separation or open space.
Cross -flows by vehicles and pedestrians allowed but minimized.
- - - - -- CLASS II BIKEWAY (BIKE LANE)
A paved area of roadway designated for preferrential use
of bicycles. Pavement markings and signage indicate
the presence of a bike lane on the roadway.
CLASS III BIKEWAY (BIKE ROUTE)
A conventional street where bike routes are indicated by sign only.
There are no special pavement walkways and bicycle traffic shares
the roadway with motorized traffic. Only Class III facilities
which connect the Moorpark sphere with the regional bikeway
system are identified in the bikeway network. Roadways which
are not designated with a Class II bikeway, but which serve as
connections between Class II facilities or the regional bikeway
system should be considered as Class III bikeways.
Resolution No. 2005 -2399 North Park Ordinance
Page 31 Exhibit D -2 (Proposed Amendment)
City of Moorpark General Plan
Circulation Element, Bikeway Element
Figure 3
- — CITY LIMIT BOUNDARY
LEGEND
--- - - - - -- CLASS I BIKEWAY (BIKE PATH)
A facility designed for exclusive use by
bicycles and physically separated from
vehicular traffic by a barrier, grade
separation or open space.Cross -flows by
vehicles and pedestrians allowed but minimized.
CLASS II BIKEWAY (BIKE LANE)
A paved area of roadway designated for
preferrential use of bicycles. Pavement
markings and signage indicate the presence
of a bike lane on the roadway.
CLASS III BIKEWAY (BIKE ROUTE)
A conventional street where bike routes
are indicated by sign only. There are no
special pavement walkways and bicycle
traffic shares the roadway with motorized
traffic. Only Class III facilities which connect
the Moorpark sphere with the regional bikeway
system are identified in the bikeway network.
Roadways which are not designated with a
Class II bikeway, but which serve as
connections between Class II facilities or the
regional bikeway system should be considered
as Class III bikeways.
SPECIFIC PLAN #11 BOUNDARY
Resolution No. 2005 -2399 North Park Ordinance
Page 32 Exhibit E -1 (Existing Plan)
City of Moorpark General Plan
Circulation Element, Equestrian Trail Network
Figure 4
a
I¢O
1/u
i
ROADWAY
ROUTE LANE L
•r L
•
•
• i
0000 •..• ••-- R — BROADWAY
R :
•
•
• :•• �• �= pnlw•
I
1 m � CAMPUS PARK DR /•••
SRI /
P
•
a° •
•
•L1 ' LOS ANGELES ••
i \ • (BUTTER ••• ••• ••• O90
�0 • CREEK • • MOUNTAIN • • •
ESQ' • • TRAIL WALNUT p PEACH HILL \RD.
• • •Q OP• ���.� CREEK
• 7 RY .N O O
• • / = CHTIAN 1
/ •�11 \� ( 2 BARISRRETT DR. I
....•11111 \N ( \\
i /••• `� -� - ♦/ SIMI VALLEY I°WY
H •
L
• 4
�F
• - -` MOUNTAIN
•
• MEADOW �Cit�`i
- -_— yBoundary— __ --_ --
• iy
• o
•••
•• •• _
LEGEND
**999 EQUESTRIAN TRAILS
— - - CITY LIMIT BOUNDARY
s9
North
0 2500 NO)
S.1e in(eet
.% ••
// 0 ; C
City of
• • M
Moorpark
• • _
_
'00 —y •
Ip
/ •
•• tt •
PARK
•
•
• i
0000 •..• ••-- R — BROADWAY
R :
•
•
• :•• �• �= pnlw•
I
1 m � CAMPUS PARK DR /•••
SRI /
P
•
a° •
•
•L1 ' LOS ANGELES ••
i \ • (BUTTER ••• ••• ••• O90
�0 • CREEK • • MOUNTAIN • • •
ESQ' • • TRAIL WALNUT p PEACH HILL \RD.
• • •Q OP• ���.� CREEK
• 7 RY .N O O
• • / = CHTIAN 1
/ •�11 \� ( 2 BARISRRETT DR. I
....•11111 \N ( \\
i /••• `� -� - ♦/ SIMI VALLEY I°WY
H •
L
• 4
�F
• - -` MOUNTAIN
•
• MEADOW �Cit�`i
- -_— yBoundary— __ --_ --
• iy
• o
•••
•• •• _
LEGEND
**999 EQUESTRIAN TRAILS
— - - CITY LIMIT BOUNDARY
s9
North
0 2500 NO)
S.1e in(eet
Resolution No. 2005 -2399 North Park Ordinance
Page 33 Exhibit E -2 (Proposed Amendment)
City of Moorpark General Plan
Circulation Element, Equestrian Trail Network
Figure 4
(, v
I
:% • —
City of
• • Moorpark
GpdA� p�PO �— . - • • ���1E
.IOC —�• • V
/ • / pOINDE %TER
i GABBERT
PARK
\ / / • �'t ROUTE LANE
SP #11 Boundary 00996411 •••
••••••••• •• •• • 0000 ••••• ••
•• — • f ._..� i
• ••• i
�• it -_.� _ ,.. ..., — — i •••
�• i ••
� • i �•
• i •;
• : i
% •
• j •
• _.._.._..I i
• •
•0
•
• i
••
0
• i •
•
-- -. �
41 0
• i
• r�� _ •
-- CAMPUS PARK DR •• • I �'
sRne • i �
m — •••rte..
HIGH P •R' LEI .�
• •• •
j • - - LOS ANGELES ••
\ • • ` S
/ • (BUTTER ••• ••• • 'p0.1 \C
��0 • CREEK • •MOUNTAIN • • • • • • O
8P • 1 • TRAIL WALNUT C PEACH HILL- . RD. 1m
• • •SO/ OP ����. -� CREEK ¢
••7 • • „N
•� P, 0 s CHRISTIAN -
• V BARRETT DR.
Elul tR
•••• �\ •.OVA �� � � TIE �_,� �_
• I MOUNTAIN �- RRq REJPOP
MEA IN •- -
• � City Boundary -
•
•
•
LEGEND
I9
F
i0
••••• EQUESTRIAN TRAILS
1S11
— - - CITY LIMIT BOUNDARY
- - - - SPECIFIC PLAN #11 BOUNDARY
SIMI VALLEY FWV
qry
�F
F
s
North
0 2500 5000
Scale i fto
Resolution No. 2005-2399 North Park Ordinance
Page 34 Exhibit F-1 (Existing Plan)
City of Moorpark General Plan
Open Space, Parks and Recreation Element,
Parks and Open Space Areas
Figure 3
E
gg'�i
00
0
0p0
0
600
LEGEND
EaArroyo
Simi
XCity
Park
1EMoorpark
College
OS-2 40+acres/DU
Regional Park -
Rural Low-Density
atAG
-1 10-40 acres/DU
AG-2 ,'40+ acres/DU
OS-1 10-40 acres/DU
OS-2 40+acres/DU
Area Of Interest
City Limits and Sphere of Influence
Resolution No. 2005-2399 North Park Ordinance
Page 35 Exhibit F-2 (Proposed Amendment)
City of Moorpark General Plan
Open Space, Parks and Recreation Element,
Parks and Open Space Areas
Exhibit 5
6000�
0
Area Of Interest
City Limits and Sphere of Influence
AG-1 10-40 acres/DU
LEGEND
EqArroyo
Simi
wCity
Park
Moorpark College
Regional Park -
Rural Low-Density
0
Area Of Interest
City Limits and Sphere of Influence
AG-1 10-40 acres/DU
AG-2 140 + a cres/DU
OS-1 10-40 acres/DU
OS-2 40+ecres/DU
Nature Preserve (0 DU/Acres)
0
Area Of Interest
City Limits and Sphere of Influence
Resolution No. 2005 -2399 North Park Ordinance
Page 36
EXHIBIT B
SPECIFIC PLAN NO. 2001 -01
Nor[6 'Par
Vi��aJce A: Nafure Preserve
CITY OF MOORPARK
REVISED JUNE, 2005
Resolution No. 2005 -2399 North Park Ordinance
Page 37
Resolution No. 2005 -2399 North Park Ordinance
Page 38
SPECIFIC PLAN NO. 2001 -01
Nor(6!Park
Vi���ae & Nature Preserve
CITY OF MOORPARK
REVISED JUNE, 2005
Resolution No. 2005 -2399 North Park Ordinance
Page 39
NORTH PARK VILLAGE & NATURE PRESERVE
CONSULTANTS
CITY COUNCIL AND
CITY STAFF
City of Moorpark
City Staff:
799 Moorpark Avenue
City Manager
Moorpark, CA 93021
Steven Kueny
805 -529 -6200
City Attorney
805 -529 -8270 Fax
Joseph M. Montes
Assistant City Manager
City Council:
Hugh Riley
Mayor
Administrative Services Director/
Patrick Hunter
City Clerk
Mayor Pro Tempore
Deborah Traffenstedt
Clint D. Harper, PhD
Community Development Director
Councilmember
Barry K. Hogan
Keith F. Millhouse
Director of Parks, Recreation and
Councilmember
Community Services
Roseann Mikos, PhD
Mary Lindley
Councilmember
Finance Director
Janice S. Parvin
Johnny Ea
Director of Public Works
Planning Commission:
Ken Gilbert
Kipp Landis
City Engineer
Mark DiCecco
Brad Miller, P.E.
David Lauletta
Planning Manager,
Robert Peskay
Advanced Planning
Scott Pozza
David A. Bobardt
Mark Taillon
C
Resolution No. 2005 -2399
Page 40
MOORPARK
CONSULTANT LIST
Applicant:
North Park Village L.P.
680 Walnut Street
Moorpark, CA 93021
Phone: 805 - 378 -1150
Fax: 805 -529 -7351
Kim John Kilkenny
Vice President
619 - 234 -4050 Ext. 115
619 - 234 -4088 Fax
northparkvillage ®hotmail.com
Civil Engineer:
Hunsaker & Associates
Three Hughes
Irvine, CA 92618 -2082
Joseph E. Wightman
Principal
949 - 583 -1010
949 - 458 -5410 Direct
949 - 465 -1110
jwightman@hunsaker.com
Graphics:
Development Design Services
2583 Via Merano
Del Mar, CA 92014
Adam Gevanthor
Principal
858 - 793 -5450
858 - 793 -5452 Fax
agevanthor ®graphicaccess.com
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Geology:
Leighton and Associates
31344 Via Colinas #102,
Westlake Village, CA 91362 -6793
Jose G. Sanchez, RG, CEG
881- 707 -8320
818- 707 -7280 Fax
isanchez ®leightongeo.com
www.leightongeo.com
Lake Management:
Dudek & Associates
2400 E. Katella Ave., Suite 1265
Anaheim, CA 92806
J. Harlan Glenn, P.E.
Principal
714 - 939 -9810
714- 939 -9776 Fax
Freeway Interchange:
Dokken Engineering
11171 Sun Center Drive, Suite 250
Rancho Cordova, CA 95670 -6113
Richard A. Dokken
Chief Executive Officer
916 - 858 -0642
916 - 858 -0643 Fax
CONSULTANTS
5
Resolution No. 2005 -2399
Page 41
NORTH PARK VILLAGE & NATURE PRESERVE
CONSULTANTS
Design Specialist:
Design Fusion International, Inc.
32306 Cercle Beauregard
Temecula, CA 92591
909 - 695 -0051
909 - 695 -0052 Fax
Robert Day
President
Document Writing
rday ®designfusion - intl.com
Noise:
Mestre Greve Associates
280 Newport Center Drive,
Suite 230
Newport Beach, CA 9266C
Mathew Jones
949 - 760 -0891
949 - 760 -1928 Fax
matt@mgal.com
Visual Analysis:
Font Design, Inc.
15375 Barranca Parkway,
Building B -211
Irvine, CA 92618
Eduardo (Eddie) Font
949 - 727 -3591
949 - 727 -3592 Fax
eddie@fontdesign.com
www.fontdesign.com
6
North Park Ordinance
Hydrology:
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
P.O. Box 57057
Irvine, CA 92619 -7057
Rebecca Kinney, PE
Associate, Storm Water Management
rkinney ®rbf.com
John McCarthy
Associate, Storm Water Management
949 - 855 -3669
Lake Water Supply Study:
Kennedy /Jenks Consultants
1000 Hill Road, Suite 200
Ventura, CA 93003
Greg Arakaki
805 - 658 -0607
805 - 650 -1522 Fax
Environmental:
BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, CA 92626
Dana C. Privitt, AICP,
Assoc. Principal
714- 444 -9199 Ext. 225
dprivitt ®bonterraconsulting.com
Resolution No. 2005 -2399 I North Park Ordinance
Page 42
NORTH PARK VILLAGE & NATURE PRESERVE
CONSULTANTS
Air Quality:
JHA Environmental Consultants,
LLC
1101 Chautauqua Boulevard
Pacific Palisades, CA 90272
JoAnne Aplet
310- 459 -7358
310- 454 -1850 Fax
japlet ®earthlink.net
Wetlands Delineation:
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618 -2027
P.O. Box 57057
Irvine, CA 92619 -7057
Bruce R. Grove Jr., REA
949 -855 -3686
949 - 837 -4122 Fax
SB 610 Study:
Kennedy /Jenks Consultants
1000 Hill Road, Suite 200
Ventura, CA 93003
Greg Arakaki
805 -658 -0607
805 - 650 -1522 Fax
Traffic Analyst:
Austin -Foust Associates
2020 North Tustin Avenue
Santa Ana, CA 92701
Kendall Elmer
714- 667 -0496
714 - 667 -7952 Fax
VA
Resolution No. 2005 -2399 I North Park Ordinance
Page 43
NORTH PARK VILLAGE & NATURE PRESERVE
TABLE OF CONTENTS
Note: Pagination and table of contents will be updated on final document.
TABLE OF CONTENTS
1. INTRODUCTION ..................................................... ............................... 17
1.2. Authority and Scope .......................................... ............................... 19
1.2.1 California Government Code Compliance ............................ 19
1.2.2 City of Moorpark Zoning Code Compliance .......................... 20
1.3. Project Location ................................................. ...............................
20
1.3.1 Existing Conditions .................................. ...............................
21
1.3.2 Existing Uses ............................................. ...............................
21
1.3.3 Current Ownership ................................... ...............................
25
1.3.4 Surrounding Uses ...................................... ...............................
25
1.4. Project Goals and Policies ................................. ...............................
25
1.4.1 General Goals and Policies ...................... ...............................
25
1.4.2 Land Use Goals and Policies .................... ...............................
26
1.4.3 Housing Goals and Policies ..............................
1.4.4 Circulation Goals and Policies ................. ...............................
27
1.4.5 Conservation and Open Space Goals and Policies .................
28
1.4.6 Public Services and Facilities Goals and Policies ...................
28
1.4.7 Voter Assurance Policies .......................... ...............................
30
15. Specific Plan Preparation and Process .............. ............................... 31
1.6. General Plan Conformance ............................... ............................... 32
1.6.1 Land Use Element ..................................... ............................... 32
1.6.2 Specific Plan Development Requirements ............................. 36
1.6.3 Circulation Element Consistency ............ ............................... 37
1.6.4 Open Space, Conservation, & Recreation
Element Consistency ................................ ............................... 39
1.6.5 Housing Element Consistency ................. ............................... 40
Safety Element Consistency ..................... ............................... 41
1.6.8 Noise Element Consistency ...................... ............................... 41
�s
Resolution No. 2005 -2399 I North Park Ordinance
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NORTH PARK VILLAGE & NATURE PRESERVE
TABLE OF CONTENTS
2. LAND USE, GRADING AND CIRCULATION .... ............................... 47
2.1. Land Use ............................................................. ............................... 47
2.1.2 Residential Land Uses .............................. ............................... 56
2.1.3 Retail Land Uses ....................................... ............................... 56
2.1.4 Parks and Recreation Land Uses .............. ............................... 56
2.1.5 Open Space and Nature Preserve Land Uses .......................... 58
2.1.6 Public and Quasi- Public Land Uses ......... ............................... 58
2.1.7 School ........................................................ ............................... 58
2.2. Grading ............................................................... ............................... 60
2.2.1 Policies ...................................................... ............................... 60
2.2.2 Grading Concept ...................................... ............................... 62
2.2.3 Grading Requirements .............................. ............................... 62
2.3. Circulation Plan ................................................. ............................... 69
2.3.1 Vehicular Circulation Elements ............... ............................... 69
2.3.2 Circulation Requirements ........................ ............................... 72
2.3.3 Phasing of Road Improvements ................ ............................... 72
2. .4 Street Sections .......................................... ............................... /3
2.4. Phasing Plan ....................................................... ............................... 76
3. PUBLIC SERVICES AND FACILITIES .................. ............................... 83
3. 1.1 Parks and Recreation ................................ ............................... 87
3.1.2 Fire Protection .......................................... ............................... 93
3.1.3 Police Protection ...................................... ............................... 95
3.2. Public Facilities .................................................. ............................... 96
3.2.1 Domestic Water System ........................... ............................... 96
3.2.2 Recycled Water System ............................ ...............................
97
3.2.3 Wastewater System ................................... ............................... 99
3.2.4 Storm Water Drainage ............................ ...............................
102
3.2.5 Solid Waste Disposal .............................. ...............................
108
3.2.6 Utilities ................................................... ...............................
109
91
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TABLE OF CONTENTS
10
or other decorative
4. DESIGN GUIDELINES ........................................... ............................... 113
4.1. Introduction ..................................................... ............................... 113
4.1.1 Design Philosophy ................................... ............................... 113
4.1.2 Purpose of Design Guidelines ................. ............................... 114
4.2. Community Character ..................................... ............................... 114
4.3. Landscape Concept .......................................... ............................... 114
4.3.1 Major Roads ............................................ ............................... 118
4.3.2 Community Entry Features & Significant Intersections...... 119
4.3.3 Residential Areas .................................... ............................... 119
4.3.4 Open Space Linkages .............................. ............................... 119
4.3.5 Parks & Recreation Facilities ................. ............................... 119
4.3.6 School ...................................................... ............................... 121
4.3.7 Walls and Fences ..................................... ............................... 121
4.3.8 Entries ..................................................... ............................... 125
4.4. Architecture .................................................... ............................... 127
4.4.1 Architectural Themes .................
........... ............................... 1.27
4.4.2 Residential Architectural Styles ............ ............................... 129
4.4.3 Non - residential Architectural Style 137
4.4.4 Architectural Components .................... ............................... 138
5. Site Planning ...................................... ...............................
4. .............. 141
4.5.1 Setbacks ................................................... ............................... 141
4.5.2 Floor Plans ............................................... ............................... 141
4.5.3 Massing .................................................... ............................... 142
4.5.4 Mechanical Equipment ........................... ............................... 142
4.5.5 General .................................................... ............................... 142
4.5.6 Views ....................................................... ............................... 142
4.5.7 Parking .................................................... ............................... 144
Resolution No. 2005 -2399 I North Park Ordinance
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NORTH PARK VILLAGE & NATURE PRESERVE
TABLE OF CONTENTS
4.6. Grading Design ................................................ ............................... 146
4.7. Design Review Process .................. 4
4.7.1 Conceptual Plan ...................................... ............................... 146
4.7.2 Final Plans ............................................... ............................... 146
5. DEVELOPMENT REGULATIONS ........................ ............................... 149
6. IMPLEMENTATION ............................................... ............................... 163
6..1. General ................................. ............................... ............................ 163
6.2. Phasing ............................................................. ............................... 164
6.3. Infrastructure Financing .................................. ............................... 164
6.4. Public and Private Facilities and Services ...... ............................... 165
6.5. Specific Plan Administration .......................... ............................... 166
6.6. Substantial Conformance and tentative map amendments .......... 168
6.6.1 General Findings Applicable to all
Substantial Conformance Requests ....... ............................... 169
6.6.2 Amendments to Tentative Maps ............ ............................... 169
6.6.3 Hearings and Appeals ...............
.............. ............................... 170
6.6.4 Appeal Procedure .................................... ............................... 170
6.7. Existing Uses .................................................... ............................... 170
APPENDIXA ............................................................... ............................... 173
APPENDIXB ................................................................ ............................... 177
I1
No. Resolution N . 2005 -2399 I North Park Ordinance
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NORTH PARK VILLAGE & NATURE PRESERVE
TABLE OF CONTENTS
EXHIBIT LIST
Exhibit 1
ILLUSTRATIVE LAND USE PLAN ............................ ...............................
22
Exhibit 2
VICINITY MAP ............................................................ ...............................
23
Exhibit 3
PROJECT BOUNDARY /OWNERSHIP/
EXISTING TOPOGRAPHY ......................................... ...............................
24
Exhibit 4
LAND USE MAP .......................................................... ...............................
48
Exhibit
LAND USE MAP PHASE A ......................................... ...............................
49
Exhibit 6
LAND USE MAP PHASE B ......................................... ...............................
5 0
Exhibit 7
LAND USE MAP PHASE C ......................................... ...............................
51
Exhibit 8
PARK, SCHOOL FIRE STATION CONFIGURATION ...........................
59
Exhibit 9
GRADING CONCEPT (Pocket Map) ........................ ...............................
67
Exhibit 10
CONCEPTUAL CIRCULATION PLAN .................... ...............................
70
Exhibit Ila
STREET SECTIONS ....................................................... .............................74
Exhibit 11 b
STREET SECTIONS ..................................................... ...............................
7 5
Exhibit 12
CONCEPTUAL PHASING PLAN .............................. ...............................
80
Exhibit 13
PA -37 AND PA -11 PARKS ............................................ .............................88
Exhibit 14a
LAKE TRAIL PLAN ...................................................... .............................89
Exhibit 14b
LAKE TRAIL SECTIONS ........................................... ...............................
90
Exhibit 14c
LAKE TRAIL SECTIONS ........................................... ...............................
91
Exhibit 15
NEIGHBORHOOD RECREATION PARK (PRIVATE PA -61) ................
92
Exhibit 16
DOMESTIC WATER PLAN ......................................... ...............................
98
Exhibit 17
RECYCLED WATER PLAN ........................................ ...............................
100
Exhibit 18
WASTEWATER SYSTEM ............... ............................... ............................101
Exhibit 19
PRE- DEVELOPMENT DRAINAGE CONDITION . ...............................
104
Exhibit 20
CONCEPTUAL POST-DEVELOPMENT
DRAINAGE CONDITION ............ ............................... ............................
105
12
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NORTH PARK VILLAGE & NATURE PRESERVE
TABLE OF CONTENTS
Exhibit 21 MASTER LANDSCAPE CONCEPT PLAN .............. ............................... 117
Exhibit 22 COMMUNITY TRAILS PLAN ..... ............................... ............................120
Exhibit 23a COMMUNITY WALLS AND FENCES .................... ............................... 123
Exhibit 23b COMMUNITY WALLS AND FENCES .................... ............................... 124
Exhibit24 ENTRIES ...................................................................... ............................... 126
Exhibit 25 ZONING MAP ............................................................ ............................... 160
Table1
Land Use ........................................................................... ...............................
53
Table 1
Land Use - Continued ..................................................... ...............................
54
Table2
Land Use Phasing ............................................................. ...............................
77
PhaseA ............................................................................. ...............................
77
PhaseB .............................................................................. ...............................
78
Phase. C.. ........................................................................................ .................
79
Table 3
Public and Community Services Responsibility Summary .........................
83
Table 4
Infrastructure: Responsibility Summary ......................... ...............................
84
Table 5
Estimated Domestic Water Demand .............................. ...............................
97
Table 6
Estimated Demand For Recycled Water ........................ ...............................
99
Table 7
Estimated Domestic Wastewater Generation ............. ...............................
102
1.5
Resolution No. 2005 -2399
Page 49
14
North Park Ordinance
Resolution No. 2005 -2399
Page 50
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
9nfrodudion
1.2. Authority & Scope
1.3. Project Location
1.4. Project Goals &
Policies
1.5. Specific Plan
Preparation & Process
1.6. General Plan
Conformance
4
15
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NORTH PARK VILLAGE & NATURE PRESERVE
INTRODUCTION
16
Resolution No. 2005 -2399 North Park Ordinance
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NORTH PARK VILLAGE & NATURE PRESERVE
INTRODUCTION
I. INTRODUCTION
North Park Village and Nature Preserve (North Park) is an
approximately 3,544 -acre Specific Plan area located north of State Route
118 (SR 118), northeast of downtown Moorpark, and north and west of
Moorpark College, south and east of Happy Camp Canyon Regional
Park.
Preparation of the North Park Village and Nature Preserve Specific Plan
has been guided by two driving principles - Preservation and Planning.
These principles reflect the Specific Plan's commitment to preservation
of natural resources and to exceptional planning to ensure that North
Park and Nature Preserve provides facilities, improvements and
amenities to reduce congestion and benefit the entire Moorpark
community.
Preservation of Natural Resources:
• Over 75% (2,704 acres) of the North Park Specific Plan
will be set aside as nature preserve, open space or park,
including the 2,160 acre North Park Nature Preserve, a
434 acre open space program and a 129.8 acre park and
recreation network.
• The North Park Nature Preserve and open space systems
(2,594 acres) will provide a permanent open space buffer
between Moorpark and Simi Valley.
• The North Park Nature Preserve system preserves the
scenic views of the ridgelines and mountains north of
Moorpark College.
• Over 65% of hillsides (slopes in excess of 20 %) in the
North Park planning area are preserved.
• Over 82% of the oak trees in the North Park planning area
are preserved.
17
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NORTH PARK VILLAGE & NATURE PRESERVE
INTRODUCTION
Planning or Facilities, Improvements and Amenities:
• The North Park Specific Plan provides for the creation of
a new SR 118 on /off ramp and a four -lane arterial road one
mile east of Collins Drive providing new direct access to
Moorpark College and the planning area.
• The North Park Specific Plan provides for the dedication
of an 18 acre (net) school site to the Moorpark Unified
School District plus the payment of school fees to the
district to mitigate the impacts of the plan.
• The North Park Specific Plan provides for the provision of
a 1.5 net acre fire station site, and a 2.0 acre fire service
helispot site to serve the planning area and surrounding
community.
• The North Park Specific Plan provides for the creation of
a 67.9 acre publicly accessible recreation lake area which
includes a 52 acre lake surface and 15.9 acre lake buffer
with public lake trail.
• The North Park Specific Plan provides for the creation of
61.9 acres of neighborhood and community parks.
• The North Park Specific Plan provides for 754 acres of
land for new neighborhoods with 1,500 homes planned on
740 acres (approximately 2 homes per acre) and 90
affordable for -sale homes on an 8.5 acre site and 90 senior
affordable rentals in a mixed use configuration adjacent to
the recreation lake site to satisfy the City of Moorpark's
affordable housing requirements.
• The North Park Specific Plan provides for the creation of
a 5 -6.5 acre neighborhood center located adjacent to the
recreation lake to provide the opportunity for local
serving, and recreation oriented neighborhood shops and
restaurants. The Neighborhood Center also contains 90
affordable senior apartments in a mixed use configuration
with the retail uses. Development of the neighborhood
Resolution No. 2005 -2399 North Park Ordinance
Page 54
NORTH PARK VILLAGE & NATURE PRESERVE
INTRODUCTION
center shall not exceed 70,000 square feet of commercial
uses not including the residential component.
All of the North Park resource preservation programs and land uses
summarized above are illustrated in Exhibit 1 (Illustrative Land Use
Plan).
1.2.AUTHORITY AND SCOPE
The preparation and adoption of Specific Plans is authorized by
California Government Code and the City of Moorpark Municipal Code
(Chapter 17.16.070). The North Park Specific Plan is consistent with
the California Government Code Section 65450 et. seq., as summarized
below:
1.2.1 California Government Code Compliance
Section 65451 of the California Government Code states that:
A Specific Plan shall include a text and a diagram or diagrams, which
specify all of the following in detail:
1. The distribution, location, and extent of the uses of land,
including open space, within the area covered by the plan.
Chapter Two of this Specific Plan includes the location of various land
uses including residential, commercial, open space, recreation, and
circulation.
2. The proposed distribution, location, extent and intensity of
major components of public and private transportation, sewage,
water, drainage, solid waste disposal, energy, and other
essential facilities proposed to be located within the area covered
by the plan and needed to support the land uses described in the
plan.
Chapter Two also outlines the essential services for the community
including a circulation plan delineating the road network necessary to
serve the specific plan area.
19
Resolution No. 2005 -2399 North Park Ordinance
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NORTH PARK VILLAGE & NATURE PRESERVE
INTRODUCTION
3. Standards and criteria by which development will proceed, and
standards for the conservation, development, and utilization of
natural resources, where applicable.
Chapter Five includes Development Regulations which set forth the
regulations and criteria by which development will proceed. The North
Park land use plan addresses provisions for the identification and
conservation of natural resources of the site by identifying open space
and nature preserve areas.
4. A program of implementation measures including regulations,
programs, public work projects, and financing measures
necessary to carry out paragraphs 1, 2 and 3.
Chapter Six identifies the methods, permits, maps, plans, and
agreements to guide development of the Specific Plan site.
The Specific Plan is supportive of, and consistent with, the goals and
policies of the Moorpark General Plan as described in Section 1.5.
1.2.2 City of Moorpark Zoning Code Compliance
Chapter 17.12 of the Moorpark Municipal Code establishes the Specific
Plan (S -P) zone for property that is subject to a specific plan. Chapter
17.16 states that the purpose of this zone is to allow for development
with a comprehensive set of plans, regulations, conditions and programs
for guiding the orderly development of the specific plan area, consistent
with the City's General Plan. The specific plan shall serve as the zoning
regulations. North Park shall also be known as Specific Plan No. 2001-
01. These development regulations (chapter 5 Specific Plan) are also
codified in chapter 17.70 in the Zoning Ordinance.
1.3. PROJECT LOCATION
North Park is located in an unincorporated area of eastern Ventura
County immediately north of the current Moorpark City limits. The
planning area is north of SR -118, northeast of downtown Moorpark, and
adjacent to Moorpark College and Happy Camp Canyon Regional Park
(see Exhibit 2, Vicinity Map).
20
Resolution No. 2005 -2399 North Park Ordinance
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NORTH PARK VILLAGE & NATURE PRESERVE
INTRODUCTION
1.3.1 Existing Conditions
Natural Terrain
An east -west trending ridgeline forms the northern boundary of North
Park plan area. At the northwest corner of the site, the elevation is
approximately 1,650 feet; the northeast corner elevation is
approximately 2,200 feet. Moving south from the ridge, the topography
descends abruptly to a mesa area with moderate relief. The mesa area
consists of gently rolling slopes with a series of arroyos running in a
north -south direction. The lower elevations generally range from 650
feet at the southeastern corner of the site to 700 feet at the southwest
corner of the site. The southern portion of the site contains gently
rolling hills and low lying plateaus, with canyons trending southward.
These gentle features have slope ratios of approximately 4:1 while the
canyon walls have slope ratios of approximately 2:1 (see Exhibit 3,
Project Boundary/Ownership //Existing Topography).
Views
The predominant views on the site are to the south overlooking
Moorpark College. The planning area can be seen from various
locations offsite within the City of Moorpark yet the land plan is
designed to maintain the unimpaired quality of these viewpoints. The
most dominant view is from SR -118, to the east of the site, where the
dominant skyline ridge at the northern edge of the property can be seen.
The land plan preserves this view.
1.3.2 Existing Uses
The North Park planning area currently contains limited oil field
production and ranching operations. Dirt and semi -paved roads, corrals,
fences, watering facilities for grazing animals and oil well facilities
(mostly in the northern and eastern portion of the site) are typical of
these improvements. Although the site has been used primarily for cattle
grazing in the past, most of the site is presently fallow.
21
4 I
XT
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Resolution No. 2005 -2399
Page 58
Nor(4 Park
BROADWAY AVE
i
WALN
CONY
ROAD
CITY OF MOORPARK
l U.P. RAILROAD
• ►�ttlltlllllillllllll
�� ► ►ttttttt
MOORPARK AVE./
\ \ \ \11� ► �~ SR23
LOS ANGELES AVE.1SR118
PROJECT SITE
BOUNDARY
North Park Ordinance
HAPPY CAMP
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1.3.3 Current Ownership
North Park Village LP owns, by fee or by option, approximately 3,535 -
acres, or ninety -nine percent (99 %) of the Specific Plan site. Ventura
County Community College District owns a small area within the
planning area which is adjacent to Moorpark College (approximately 9.1
acres).
1.3.4 Surrounding Uses
Surrounding land uses include Happy Camp Canyon Regional Park,
orchards and other agricultural activities, single - family residences to the
west, vacant land to the north and west, Moorpark College to the south,
and undeveloped properties to the east towards Alamos Canyon that
have historically been used for grazing and oil production.
1.4. PROJECT GOALS AND POLICIES
1.4.1 General Goals and Policies
• Preserve and enhance natural areas through creation of a
Nature Preserve.
• Provide buffer areas to preserve and protect all existing
neighborhoods within the City of Moorpark.
• Create a quality neighborhoods and public facilities
consistent with the goals of the City of Moorpark General
Plan.
• Provide new direct freeway access to Moorpark College to
reduce traffic impacts on existing neighborhoods within
the City of Moorpark.
• Develop a plan that is capable of being implemented based
on existing and anticipated future economic conditions
and on project fees and contributions, so that the North
Park will represent a positive financial contribution to the
City of Moorpark.
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• Provide for comprehensive planning to assure the orderly
development of the planning area in relation to the
surrounding community.
• Assure appropriate phasing and financing for community
facilities including street and road improvements, water,
urban runoff and flood control facilities, sewage disposal
facilities, schools, and parks.
• Establish development regulations to ensure that
residential neighborhoods are compatible with the
surrounding area.
1.4.2 Land Use Goals and Policies
Land Use Goal
• Create a community that is visually attractive, compatible
with the existing land uses adjacent to the project site and
organized and designed to provide efficient and orderly use
of the site.
Land Use Policies
• Provide areas where the natural and rural landscapes are
preserved by clustering the development planned for the
site.
• Create community facilities in North Park that can be
used and enjoyed by all City of Moorpark residents.
• Separate North Park from adjacent residential
neighborhoods through the use of open space buffers.
• Adopt guidelines and regulations to provide for consistent
implementation of the plan.
• Create neighborhoods with lasting value through high
quality standards for residential land development.
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1.4.3 Housing Goals and Policies
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Housing Goal
• Fully comply with the Moorpark Housing Element, by
providing 180 (90 for - sale /90 rental units) affordable
residences within the planning area.
Housing Policies
• Provide for a range of larger lot single - family detached
homes.
1.4.4 Circulation Goals and Policies
Circulation Goal
• Provide circulation improvements to support the planned
development.
Circulation Policies
• Protect existing areas of Moorpark from adverse traffic
impacts by directing traffic from this planning area and
Moorpark College to a new freeway on /off ramp one mile
east of Collins Drive.
• Finance and construct the Specific Plan circulation
improvements to support the planned development.
• Complete the traffic signal warrants and contribute the
cost of the offsite intersection improvements, or construct
improvements, based on the Specific Plan's contribution
of traffic.
• Organize land uses to provide convenient and safe
vehicular and pedestrian circulation throughout the North
Park Specific Plan area.
• Create an integrated circulation system that serves
residential needs, provides access between areas and to
community features and facilities, and discourages non -
local traffic from intruding into any residential
neighborhoods.
INTRODUCTION
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1.4.5 Conservation and Open Space Goals and Policies
Open Space Goal
• Conserve and enhance areas with unique environmental
and aesthetic value.
Open Space Policies
• Retain natural vegetation, wherever feasible, and
revegetate graded areas to stabilize soils and minimize
erosion.
• Soften developed edges through the use of contour grading
techniques and selective use of plants and hedges to
provide a visual screen.
• Allow the movement of wildlife through North Park by
preserving open space areas and important wildlife
corridors that connect to open space areas adjacent to the
community.
• Enhance view corridors into the natural open space areas
by strategically locating development to preserve many of
the open space corridors.
• Preserve natural features such as the deep arroyos and
steep hillside areas in the northern portion of the planning
area.
1.4.6 Public Services and Facilities Goals and Policies
Public Service and Facilities Goal
• Provide public facilities and improvements to serve the
residents of North Park and the City of Moorpark.
Park Policies
• Create a Community Park designed and configured to
serve the recreational and cultural needs of the residents
of Moorpark.
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• Locate park and recreational facilities to maximize the
opportunity for joint use with the neighborhood school.
• Develop a lakeside park that can be used and enjoyed by
the entire City of Moorpark.
Water Policies
• The Project Applicant will be responsible for financing
and constructing the water system improvements
necessary to serve the proposed development.
• Promote the use of water efficient appliances.
Recycled Water Policies
• Use Recycled water, if available, for the irrigation of
common areas such as open space and landscaped medians.
• The Project Applicant will be responsible for the
financing and construction of a recycled water system
necessary to serve the proposed development.
Wastewater System Policies
• The Project Applicant will be responsible for the
financing and construction of the wastewater system
improvements necessary to serve the development.
Drainage Policies
• The Project Applicant will be responsible for financing
and construction of the drainage system improvements,
including required detention basins, necessary to support
the development.
• Comply with the NPDES.
Police and Fire Policies
• Provide a fire station site and fire service helispot to the
satisfaction of fire service authorities and City of
Moorpark.
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• Provide police and fire protection facilities adequate to
create safe neighborhood environments.
School Facilities Policies
• Mitigate impacts to schools to the extent required by state
law.
• Dedicate a school site within the North Park Specific Plan
area.
• Locate park and recreational facilities to maximize
opportunities for joint use with the neighborhood school.
UtilitN Policies
• The Project Applicant will be responsible for the provision
of utility improvements to the extent required by the
utility purveyors and necessary to support the proposed
development, including natural gas, electricity, telephone
and cable television.
1.4.7 Voter Assurance Policies
• The number of homes permitted in SP 2001 -01 shall not
be increased above 1,680 without approval of the
Moorpark electorate.
• The Moorpark City Urban Restriction Boundary (CURB)
line governing the SP 2001 -01 planning area shall not be
expanded beyond the voter - approved boundaries without
approval of the Moorpark electorate.
• The minimum 500 foot open space buffer between existing
residences and new residences in SP 2001 -01 shall not be
reduced without approval of the Moorpark electorate.
• The maximum permissible square footage of commercial
construction in SP 2001 -01 shall not be increased above
70,000 square feet without approval of the Moorpark
electorate.
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The size of the North Park Nature Preserve (PA -27) shall
not be decreased from 2,160 acres without approval of the
Moorpark electorate.
No more than 500 residential units may receive building
permits until the new SR -118 interchange as shown in SP-
2001 -01 is open for public use unless approved by the
Moorpark electorate.
Public access to public parks, the recreation lake and
public trails identified in SP 2001 -01 shall not be made
ore restrictive without the approval of the Moorpark
electorate.
I.S. SPECIFIC PLAN PREPARATION AND PROCESS
The City of Moorpark is the lead agency for consideration of proposal
related to and involved in the implementation of the North Park
Specific Plan. Within the City of Moorpark's review process, the
following discretionary actions are required and have been requested by
the project applicant:
Certification of the North Park Specific Plan No. 2001 -01
final Environmental Impact Report (State Clearinghouse
No. 2002011114). The final Environmental Impact
Report was certified by the City of Moorpark on June 1,
2005.
North Park Village and Nature Preserve Specific Plan
2001 -01 approval.
General Plan Amendment 2001 -05 to the following
elements of the City of Moorpark General Plan: Land Use
Element, Open Space, Conservation and Recreation
(OSCAR) Element, Circulation Element, Housing
Element, Noise Element and Safety Element.
• Zoning Amendments (Prezone) 2001 -02 approval from the
City of Moorpark prior to annexation of the site from the
County of Ventura to the City of Moorpark.
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• Development Agreement 2005 -01 approval from the City
of Moorpark.
• Voter approval of an amendment to the Moorpark City
General Plan to include the North Park Planning area
with the Moorpark CURB -line.
Following voter approval of the project, the City of Moorpark will apply
to LAFCO for a Sphere of Influence amendment and annexation of the
North Park planning area. Following action by LAFCO, the City of
Moorpark will act upon the annexation and zoning for the planning area.
Development of the plan requires a Master Tentative Map as well as
approval of tentative and final maps, planned development permits,
conditional use permits, grading and building permits, and other
miscellaneous permits.
1.6. GENERAL PLAN CONFORMANCE
The North Park Specific Plan is consistent with the Moorpark General
Plan and implements all provisions relevant to the Specific Plan area
and related offsite components. The plan implements the Specific Plan
designation assigned to Plan area in the General Plan Update of 2003.
In the consistency analysis below, the italicized text is taken directly
from the General Plan with explanation and specific plan responses
provided in regular text.
1.6.1 Land Use Element
The Land Use Element Goals and Policies focus on the following
themes:
• Balanced community growth patterns.
• Land use compatibility.
• Maintaining suburban rural community character.
• Revitalization of the downtown area.
• Preservation of important natural features, agricultural
areas, and visually prominent hillside areas.
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• Overall intensity and density of residential land uses
decreases as distance from arterials and retail areas
increases.
Growth and Population Goals
Attain a balanced City growth pattern which includes a
full mix of land uses.
• Establish a logical Sphere of Influence.
Plan Implementation: The Specific Plan provides for a balance of land
uses throughout the community by providing residential, institutional,
school, open space, and recreational uses. The planning area is located
within the Moorpark City Urban Restriction Boundary.
Residential Development Goals
Provide a variety of housing types and opportunities for all
economic segments of the community.
• Promote upgrading and maintenance of existing housing.
• Develop new residential housing which is compatible with
the character of existing individual neighborhoods and
minimizes land use incompatibility.
Plan Implementation: The Specific Plan provides a range of housing
types to meet the varied housing needs within the community. The
range includes a variety of residential types, lot sizes and designs, as well
as an affordable housing component. The plan includes a combination
of housing and significant open space which is compatible with the rural
nature of Moorpark. The land use plan and development standards in
the specific plan assure land use compatibility.
Specific Plan Area Goals
• Encourage the use of Specific Plans in the undeveloped
areas of the community.
Plan Implementation: The area is designated as a Specific Plan Area 11
area in the Moorpark General Plan Land Use Element. This Specific
Plan document is consistent with the Land Use Element, which
identifies the type, location and intensity of appropriate uses.
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Commercial Development Goals
• Provide for a variety of commercial facilities which serve
community residents and meet regional needs.
Provide for new commercial development which is
compatible with surrounding land uses.
Promote the revitalization of the downtown commercial
core (Moorpark Avenue area, Walnut Street, Bard Street,
Magnolia Avenue, and High Street).
Plan Implementation: The North Park plan provides for approximately
5.0 to 6.5 acres of neighborhood serving and recreation oriented retail
land uses to meet limited neighborhood retail needs, and to meet
recreational and commercial demand generated by the adjacent lake.
Given the proximity of the Specific Plan area to downtown, and the
limited on -site commercial uses, residents will shop in the downtown
commercial core areas, serving to promote downtown revitalization.
Industrial Development Goals
Encourage a diversity of industrial uses which are located
and designed in a compatible manner with surrounding
land uses.
Plan Implementation: No industrial uses are planned, consistent with
this provision of the Land Use Element.
Agricultural Goals
• Identify and encourage the preservation of viable
agricultural resources in the City and its Area of interest.
Plan Implementation: There are no lands within the Specific Plan of
prime agricultural importance or agriculture land of state wide
importance.
Public Facilitw and Service Goals
• Ensure that a full range of public facilities and services are
provided to meet the needs of the community.
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Plan Implementation: A full range of public facilities and services will
be provided when needed to serve the residents of North Park.
Additionally, parkland and improvements, and a 67.9 -acre recreational
lake, including a 15.9 acre lake buffer area, will meet the recreational
needs of residents.
Economic Development and Employment Goals
Achieve a well- balanced and diversified economy within
the City which provides a variety of economic and
employment opportunities.
Plan Implementation: North Park is a planned community that will
provide housing options, educational, recreational, and park facilities.
The plan will contribute to the economic well -being of the City of
Moorpark by providing additional residents to support the commercial
and employment opportunities in the City, as well as tax and fee
revenues to the City.
Preservation of Environmental Quality Goals
• Establish land uses and development intensities which are
compatible with scenic and natural resources and which
encourage environmental preservation.
• Maintain a high quality environment that contributes to
and enhances the quality of life and protects public health,
safety and welfare.
Plan Implementation: The Specific Plan clusters development in order
to preserve natural features, such as the deep arroyos, steep hillside areas,
and natural landscape areas. The quality of the natural and scenic
environment is maintained through the preservation of 2,160 acres of
Nature Preserve and 434.9 acres of open space.
Community Appearance Goals
• Enhance and maintain the suburban /rural identity of the
community.
• Enhance the physical and visual image of the community.
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Provide for and promote the revitalization of visually
degraded landscaping, building facades, and deteriorated
buildings in the community.
Plan Implementation: The Specific Plan Design creates a community
compatible with the rural nature of Moorpark. The overall density is
low, in harmony with the surrounding area. The plan is sensitively
designed to avoid adverse visual impact to surrounding areas. Design
standards will promote architectural and landscape harmony and
compatibility within the planning area.
1.6.2 Specific Plan Development Requirements
Specific Plan 11 Consistences
Land Use Requirement: Provide for the creation of an approximately
3,544 acre Specific Plan area north of State Route -118 and north and
west of Moorpark College, and east of Happy Camp Canyon Regional
Park not to exceed 1,680 residences. (Specific Plan 11) Section 5.2
requires that the Specific Plan for this area create a 2,160 acre nature
preserve, a 434.9 acre open space system, a 26 acre (net) Community
Park, a 67.9 acre lake recreation area including a 15.9 acre lake buffer
area, and a 500 foot buffer between existing homes and new homes
anticipated.
Plan Implementation: The Specific Plan land use plan incorporates all
these requirements.
Circulation Requirement: Provide for a new SR 118 interchange
approximately one mile east of Collins Drive to serve the Specific Plan
area and Moorpark College.
Plan Implementation: The Specific Plan land use plan and circulation
plan contain this element.
Agriculture Preservation Requirement: There are no lands within the
Specific Plan of prime agricultural importance or agriculture land of
state wide importance.
Plan Implementation: The Specific Plan land use plan complies with
this requirement.
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Hillside Preservation: Preserve 65% of hillsides (slopes in excess of
20 %) in the planning area.
Plan Implementation: The Specific Plan land use plan complies with
this requirement.
Tree Preservation: Preserve 80% of the oak trees in the planning area.
Plan Implementation: The Specific Plan land use plan complies with
this requirement.
1.6.3 Circulation Element Consistency
The primary purpose of Moorpark Circulation Element is to create a safe
and efficient circulation system which promotes the movement of people
and goods in and around the City. The Circulation Element identifies
the circulation facilities needed to provide adequate roadway capacity,
public transit services and opportunities for other modes of
transportation within the City.
General Goal: Provide a transportation system that supports
the land use plan in the General Plan and provides for the safe
and efficient movement of people, goods and services within,
out of and through the City of Moorpark.
Plan Implementation: The transportation system provides safe and
effective transportation of future residents, through the construction of
an efficient local residential street system, and construction of a new
arterial road connecting the planning area and Moorpark College to a
new State Route 118 freeway on /off ramp one mile east of Collins Drive.
2. Level of Service Goal: Provide a circulation system which
supports existing, approved and planned uses throughout the
City, while maintaining a desired level of service on all streets
and at all intersections.
Plan Implementation: The project circulation system supports both
proposed and existing uses by providing a new arterial connecting the
planning area and Moorpark College to a new State Route 118 freeway
on /off ramp one mile east of Collins Drive. The proposed system has
been designed to comply with the City's desired level -of- service (LOS)
C.
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3. Roadway Standard Goal: Adopt and maintain a set of roadway
standards and transportation system design criteria which
supports and maintains the desired character of the City of
Moorpark.
Plan Implementation: The proposed Circulation Plan is compatible
with the City of Moorpark roadway standards and design criteria.
4. Transit System Goal: Provide a public transportation system
which serves the needs of persons living in and /or working in the
City of Moorpark.
Plan Implementation: Bus stops at the community park and
neighborhood center are included to allow transit service linking the
specific plan area with other parts of Moorpark and the region.
5. Bicycle and Pedestrian Facility Goal: Provide a city -wide
system of safe, efficient and attractive bicycle and pedestrian
routes for commuter, school, and recreational uses.
Plan Implementation: Development areas within the project are
interconnected by community trails and an open space system which
link community amenities and destinations, promoting pedestrian and
bicycle circulation.
6. Equestrian Facilities Goal: Provide equestrian trails for
recreational use.
Plan Implementation: The Specific Plan includes a 2,594 acre Nature
Preserve and open space system with integrated trails. The Nature
Preserve is contiguous to Happy Camp Regional Park, providing
opportunities for equestrian use.
7. Transportation Demand Management Goal: Develop and
encourage a transportation demand management system to
assist in mitigating traffic impacts and in maintaining a desired
level of service on the circulation system.
Plan Implementation: Transportation Demand Management
requirements are included in the City of Moorpark Municipal Code and
are incorporated in the project as a Specific Plan requirement.
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1.6.4 Open Space, Conservation, & Recreation Element Consistency
The purpose of the Moorpark Open Space, Conservation and Recreation
(OSCAR) Element is to maintain the overall quality of life for
Moorpark residents through management of natural resources and open
space lands.
1. Preserve and enhance the unique aesthetic and visual qualities
of Moorpark as a City with scenic topographic features and
elements that promote the quality of life that Moorpark citizens
pursue.
Plan Implementation: The Land Use Plan preserves over 75% of the
site for parks and open space including a 2,594 acre Nature Preserve and
open space system which also preserves the scenic mountain backdrop.
2. Acquire, provide and maintain public park land for both passive
and active use that is equally accessible to the community on a
neighborhood, community and regional basis:
Plan Implementation: The Specific Plan provides 2,160 acres of Nature
Preserve, 129.8 acres of park and recreational facilities including a 67.9
acre recreational lake area, which includes a 15.9 acre lake buffer area,
42.1 acres of public parks and 20.8 acres of private neighborhood parks.
3. Ensure the health, safety and general welfare of the public
through designating land uses that would minimize the risk of
danger to the public.
Plan Implementation: The Land Use Plan designates known seismic
hazard areas as public /private open space to the extent feasible.
4. Preserve and maintain the physical and biological environment
from future growth related degradation. In those areas where
degradation is inevitable, ensure the restoration of affected
areas.
Plan Implementation: The Land Use Plan provides a 2,594 acre Nature
Preserve and open space system. The EIR mitigation measures also
require for the restoration of impacted areas.
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5. Enhance and encourage communication channels throughout
the community to provide up -to -date information on
environmental issues and opportunities.
Plan Implementation: The public review process for the Specific Plan
includes the preparation of an Environmental Impact Report (EIR),
including extensive public input through the public notice and hearing
process, and ultimately a public vote on the project pursuant to
Moorpark City Urban Restriction Boundary requirements.
6. Maintain and enhance the open space and designated non -
growth areas for conservation, agriculture, ranching,
recreation, leisure and aesthetic purposes.
Plan Implementation: The Specific Plan includes 2,594 acres of land
designated as a Nature Preserve and open space system, which is
connected to surrounding regional open space through a network of
trails.
7. Protect scenic and recreational resources from adverse impacts
resulting from oil exploration or oil drilling.
Plan Implementation: The specific plan does not allow new oil
exploration or drilling, and requires the elimination of existing oil
operations in the Nature Preserve (with the exception of existing
distribution pipelines and storage tanks per development agreement
2005 -01).
1.6.5 Housing Element Consistency
The Moorpark General Plan Element requires that specific plans provide
for a range of housing opportunities (Goal 2) and ensure that the city
provides for fair and equal housing opportunities (Goal 5). Additionally,
the Housing Element establishes an inclusionary housing requirement
through which 10% of all homes in each development must be affordable
to low and very low income households (Program 12).
Plan Implementation: The Specific Plan area has been identified in the
General Plan Land Use Element as suitable for residential development.
The planned community will provide a range of housing types available
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to all Moorpark residents without discrimination. The project also
includes an affordable housing component of 180 low and very low
income residences. The community is designed to be well- balanced,
including necessary public facilities, recreational amenities, and linkages
to regional transportation systems.
1.6.7 Safety Element Consistency
The Moorpark Safety Element includes an evaluation of hazards
including, flooding, wildfires and earthquake, and a range of response
options for each.
The Specific Plan does not create a flood hazard. Flooding potential is
evaluated in the Hydrology Study conducted as a part of this Specific
Plan. This hazard is also evaluated in the project EIR.
Fire hazards and fuel modification measures are addressed in the Public
Services and Design Guidelines sections of the Specific Plan. Specific
measures are included to minimize this hazard.
A soils investigation has been conducted for the planning area and the
recommendations included in the plan. This report evaluated fault
displacement, earthquake and ground shaking, liquefaction, landslide/
mudslide potential and expansive soils. These studies are incorporated
into the EIR that accompanies the Specific Plan.
The Specific Plan will be designed in accordance with all applicable
government codes relative to flooding, fire, and geologic hazards.
1.6.8 Noise Element Consistency
The purpose of the Moorpark Noise Element is to serve as a guide to
avoid, minimize, and mitigate adverse noise impacts within the City of
Moorpark. The Noise Element provides a reference to be used in
connection with actions on various public and private projects.
Goals
The goal of the Noise Element is to ensure that the health and well-
being of the citizens of Moorpark are not compromised by exposure to
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excessive and possibly harmful levels of noise. This would serve to
provide a quality environment in which the citizens of Moorpark may
live and have assurance of continued health and well - being.
Plan Implementation: All noise impacts associated with the project are
evaluated in the project EIR which also identifies mitigation measures
adopted to minimize adverse impacts and comply with General Plan
standards.
1. Noise barriers or other noise mitigation techniques should be
required in new subdivisions if developed along state highways,
city streets, or railroads where a significant impact exists or is
projected at nearby noise - sensitive locations.
Plan Implementation: The project will comply with the applicable
General Plan requirements for noise reduction.
2. Noise barrier construction along state highways should be
pursued where a significant impact exists or is projected at
nearby residential zones and other noise sensitive locations.
Plan Implementation: The planning area is not adjacent to any state
highway.
3. Noise Barriers should be constructed along the Southern Pacific
rail line corridor where residences exist adjacent to the main
tracks.
Plan Implementation: There are no railroad tracks within or in the
vicinity of the specific plan.
4. The City should consider planning guidelines which include noise
control for all new residential developments and condominium
conversion projects.
Plan Implementation: The plan will be built in conformance with all
noise control guidelines and requirements adopted by the City for new
residential developments.
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5. Future Plans within the City should reflect a consciousness on
the part of the City regarding the reduction of unnecessary
noise near existing noise - sensitive areas such as residences,
parks, hospitals, libraries, convalescent homes, etc.
Plan Implementation: All planned areas have been designed to avoid
any intrusive noise impact on all adjacent areas. Noise mitigation
measures are included in conformance with General Plan requirements
to minimize potential noise impacts from the project.
6. The City should develop a policy for noise abatement and
control of residential, commercial, and industrial activities
within the City such that intrusive noise is limited to acceptable
standards.
Plan Implementation: The development of the Specific Plan will be in
conformance with General Plan noise reduction requirements.
7. The City should encourage the reduction of noise throughout
Moorpark.
Plan Implementation: The Specific Plan does not include significant
noise generators and will be developed in conformance with General
Plan noise reduction requirements.
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.Candute, qradin
'y A,- Circulation
2.1. Land Use
2.2. Grading
2.3. Circulation Plan
2.4• Phasing Plan
-t
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LAND USE, GRADING & CIRCULATION
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2. LAND USE, GRADING AND CIRCULATION
2.1. LAND USE
The North Park Specific Plan Land Use Map is depicted in Exhibit 4.
The North Park land use plan is guided by respect for the natural
landforms and preservation of the scenic foothill backdrop.
Development is sited below the major ridgelines, establishing a visual
boundary to development and preserving the scenic mountain backdrop.
A large Nature Preserve component compliments the Happy Camp
Canyon Regional Park and in combination with a large and functional
internal open space system allows the plan to be compatible with the
adjacent neighborhoods, particularly Campus Park and Moorpark
College.
These principles result in a land use plan where development occurs
primarily on the mesas and gently sloping areas of North Park; the more
rugged topography and significant landforms, particularly the major
ridgeline along the northern boundary, are preserved.
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LEGEND
21 PLANNING AREA DESIGNATION (PA NUMBER)
Land Use
SINGLE FAMILY RESIDENTIAL
RESIDENTIAL
El
LAKE
10.6 UNITS PER ACRE
70 x 120 (LOT SIZE)
F-1
NATURE PRESERVE
PUBLIC/QUASI PUBLIC
80 x 120
0
OPEN SPACE
SCHOOL
Exhibit 4
E:1 90 x 120
fm-
PARKS
NEIGHBORHOOD CENTER
LAND USE MAP
❑ 100 x 130
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Nor(k Park
North Park Ordinance
Campus Notes:
Park Drive 1. This map illustrates phasing of development and
infrastructure necessary to support development
within each phase. The map does not depict the
phasing of the conveyance of the Nature Preserve,
SR- 118 the phasing of which is described in the text.
2. The Development Agreement requires that
construction of the access road
commence during Phase A and be completed before
the issuance of 501 st
building permit.
LEGEND
21 Planning Area Designation
(See PA Number in Table 1)
Exhibit 5
LAND USE MAP PHASEA
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Nor(k ?Park
North Park Ordinance
LEGEND
F�11 Planning Area
Designation
(See PA Number
in Table 1)
Exhibit 6
LAND USE MAP PHASE B
50
Notes:
1. This map illustrates phasing of development and
infrastructure necessary to support development
within each phase. The map does not depict the
phasing of the conveyance of the Nature Preserve,
the phasing of which is described in the text.
Resolution No. 2005 -2399 North Park Ordinance
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Nor1k Park
Notes:
1. This map illustrates phasing of development and
infrastructure necessary to support development
IN]Planning rea within each phase. The map does not depict the
g phasing of the conveyance of the Nature Preserve,
Designation the phasing of which is described in the text.
(See PA Number
in Table 1)
Exhibit 7
LAND USE MAP PHASE C
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2. 1.1 Land Use Summary
The land use statistics for North Park are provided in Table 1. The
project has a gross density of less than 0.5 homes (dwelling units) per
acre of the total site (1,680 homes /3,544.3 acres equals 0.46 homes /acre).
The single family detached area has an average density of 2.0 homes per
acre, (1,500 homes /740.6 acres equals 2.0 homes /acre) with lot sizes
ranging from a minimum of 7,000 square feet to over 13,000 square feet.
The 8.5 -acre PA -9 affordable housing site has a density of 10.6 /ac. PA
49, the mixed use site permits 90 senior affordable rental apartments on
5.0 -6.5 acres resulting in a density of 18 du /acre. The overall low density
is accomplished by limiting residential development to the flatter
portions of the planning area and creating a substantial Nature Preserve
and Open Space system in the steeper areas of the site. As the following
table indicates park and open space uses utilize over three - quarters
(75 %) of the site.
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Table I - Land Use
53
Gross
Planning Planning
Land
Area
Density
Phase Area
Use
Land Use Description
(Acres)
Units
(du /ac)
RESIDENTIAL
A 1
R
Residential
77.1
125
1.6
A 2
R
Residential
100.5
162
1.6
A 3
R
Residential
73.3
130
1.8
A 4
R
Residential
5.4
9
1.7
A 5
R
Residential
6.5
13
2.0
A 6
R
Residential
5.9
13
2.0
A 7
R
Residential
3.1
8
2.6
A 8
R
Residential
16.4
42
2.6
B 28
R
Residential
35.8
73
2.0
B 29
R
Residential
20.2
46
2.3
B 30
R
Residential
6.6
9
1.4
B 31
R
Residential
86.4
246
2.8
B 32
R
Residential
21.7
44
2.0
B 33
R
Residential
45.4
111
2.4
C 56
R
Residential
32.3
60
1.9
C 57
R
Residential
40.1
74
1.8
C 58
R
Residential
25.9
63
2.4
C 59
R
Residential
66.9
111
1.7
C 60
R
Residential
71.1
163
2.3
SUBTOTAL RESIDENTIAL
740.6
1,500
RESIDENTIAL 10.6
A 9
R -10.6
Residential
8.5
90
10.6
SUBTOTAL RESIDENTIAL 10.6
8.5
90
10.6
NEIGHBORHOOD CENTER
B 49
NC
Senior Apartments
[5.0]"
90
18.0
SUBTOTAL SR. APARTMENTS
[5.0]•
90
18.0
TOTAL RESIDENTIAL
749.1
1680
'Acreage included in commercial.
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Table I - Land Use - Continued
Planning
Planning
Land
OTHER
Gross Area Density
Phase
Area
Use
Land Use Description
(Acres) Units (dulac)
PARKS AND OPEN SPACE
0.6 6,000 s.f.
A 23 PQ
A
10
P
Community Park (public)
27.3
A
11
P
Nature Park
4.5
A
12 to 20
OS
Open Space
203.6
A, B, C
27A -M
NP
Nature Preserve
2,160.1
B
34
P
Neighborhood Park (Private)
2.8
B
35
P
Neighborhood Park (Private)
0.6
B
36
P
Neighborhood Park (Private)
2.9
B
37
P
Park (Public)
9.3
B
38
P
Neighborhood Park (Private)
0.3
B
39
P
Neighborhood Park (Private)
0.5
B
40
P
Neighborhood Park (Private)
0.4
B
41 to 47
OS
Open Space
87.4
B
48a
L
Lake
52.0
B
48b
L
Lake Buffer
15.9
B
54 to 55
OS
Open Space
25.4
C
61
P
Neighborhood Park (Private)
11.8
C
62
P
Neighborhood Park (Private)
1.2
C
63
P
Neighborhood Park (Private)
0.3
C
64 to 66
OS
Open Space
118.5
TOTAL PARKS & OPEN SPACE
2,724.8
OTHER
A 21 S
School
20.5
B 22 PQ
Daycare
0.6 6,000 s.f.
A 23 PQ
Fire Station
1.6
B 49 NC
Commercial
5.0* 70,000 s.f.
A, B, C Roads Roads 42.7
TOTAL OTHER 70.4
PROJECT TOTAL 3,544.3
*May be expanded to 6.5 acres.
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Plan Summary
*Acreage included in Neighborhood Center below.
* *May be expanded to 6.5 acres.
W�A
Acres
Units
%
Residential
Residential 10.6
Neighborhood Center — Sr. Apartments
740.6
8.5
(5.0)"
1500
90
90
Total Residential
749.1
1680
21.1%
Total Nature Preserve
Total Open Space
Total Parks and Lake
Open Space and Parks
2,160.1
434.9
129.8
2724.8
76.9%
Total Neighborhood Center
5.0"
0.1%
Total School /Daycare
21.1
0.5%
Total Roads
42.7
1.2%
Total Public / Quasi Public
(fire station)
1.6
.05%
TOTALS
3544.3
1680
100%
*Acreage included in Neighborhood Center below.
* *May be expanded to 6.5 acres.
W�A
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2.1.2 Residential Land Uses
North Park contains 1,500 single family detached homes located in
approximately 740 -acres (Planning Areas PA -1 through PA8, PA -28
through PA -33 and PA -56 through PA -60 on the Land Use Map
excluding PA -9). An additional 8.5 -acre affordable housing site
(Planning Area PA -9) is also provided in compliance with the City of
Moorpark Housing Element, as is a 5.0' acre a mixed use site, which
permits 90 senior affordable apartments (PA -49). North Park will result
in a residential population of approximately 4,500 -5,800 persons based
on 2.74 to 3.4 person per dwelling unit. '-
2.1.3 Retail Land Uses
Planning Area PA -49 is the proposed site of an approximately 5.0 to 6.5-
acre mixed use neighborhood center at the southeastern edge of the
recreational lake and across from the Community Park. In addition to
the neighborhood commercial retail users, restaurants are planned along
the lake edge, capitalizing on the lake environment offering another lake
use to the Moorpark community. Also permitted are 90 senior affordable
apartments in a mixed use configuration. PA -49 will include a transit
stop at a location to be determined through the Commercial/Residential
Planned Development Permit process. An increase above 5.0 acres would
result in a corresponding decrease to land in PA -31.
2.1.4 Parks and Recreation Land Uses
The North Park public parks program is comprised of four components:
the Community Park (PA -10), the Recreation Lake (PA -48a and PA-
48b) the Nature Park (PA -11) and a lakeside neighborhood park (PA
37). The 26.0 net acre Community Park may include play fields for
softball, baseball and soccer, courts for basketball, tennis, volleyball,
handball, skate facility, swimming pools, gymnasium, village theatre and
other court games, and play equipment for preschool and older children
consistent with Development Agreement 2005 -01. The specific
community park amenities will be determined through established City
' May be expanded to 6.5 acres.
2The 2.74 residents per household factor is derived from the Moorpark General Plan. The California Department of
Finance uses a factor of 3.341 residents per household and the Moorpark 2020 forecast uses a factor of 3.26 residents
per household. Elsewhere in this plan different population factors are used in response to statutory requirements or
generally accepted professional standards.
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practice. The configuration of the community park and its relationship
to the adjacent school is depicted in Exhibit 8. The plan is configured to
be able to accomodate the siting of a 1.5 acre fire station site within PA-
10 if the fire district and city council agree on its relocation from PA -23.
The final site plan will be subject to review and approval by the
Moorpark City Council, and may vary from this plan. PA -10 will
include a transit stop at a location to be determined through the park
improvement planning process.
The North Park Lake is a 52 -acre recreational lake surrounded by a 15.9
acre lake buffer that includes an eight foot wide pedestrian/bicycle trail
around the lake, and paseos where the trail is not immediately adjacent
to the lake (see exhibit 14b), that is accessible to all residents of the
City of Moorpark. Public Park PA -37 (9.3 acres) is located adjacent to
the lake and commercial site providing a public area and is planned to
include a public swim area with changing facilities and restrooms, a
public boat rental and repair and a small community stage near the lake
edge, subject to approval of the city council at a later planning stage.
Public parkland totals 41.1 gross acres. (See Chapter 3 for more precise
delineation of planned park improvements.)
The Nature Preserve is a 2,160 -acre publicly accessible natural area that
encompasses the area to the north and east of the residential areas.
With the exception of the limited essential public facility uses allowed
in the NP zone as defined in Section 17.70.085, this area will remain
natural and not be maintained as a park. The Nature Preserve will
become accessible to the Moorpark community through the use of a trail
system with connections to the North Park development areas.
All other parks are private, and are to be maintained by property owners
in the community though a Homeowners Association or assessment
mechanism. The lake is surrounded by a series of private lakeside parks
(PA -34 through PA -36, PA -38, and PA -40). Exhibits 13 and 15 are
conceptual plans designed to illustrate the configuration of potential
uses. The actual site plans are subject to review and approval by the City
of Moorpark. Park PA -61 is an 11.8 -acre private Recreation Center
comprised of an aquatic complex with swimming and diving pools, and
outdoor tennis and basketball courts to serve North Park residents. The
proposed parks are more fully described in Chapter 3.
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2.1.5 Open Space and Nature Preserve Land Uses
Open Space within the project has two components: the North Park
Nature Preserve (NP) and other Open Space (OS) which bounds the
developed areas, as depicted on the Land Use Plan. The Nature Preserve
and Open Space total 2,594 acres, about 73% of the Specific Plan area.
Conditionally permitted uses within the Nature Preserve include water
tanks, helispot (2.0 acres) and observatory site (2.0 acres).
The North Park Specific Plan provides a 500 -foot minimum buffer
between existing homes and the new homes within the Specific Plan
area. Pursuant to the Moorpark General Plan, the size of this buffer may
not be changed without a vote of the residents of Moorpark.
2.1.6 Public and Quasi - Public Land Uses
Fire Protection
This North Park Specific Plan provides that the Project Applicant shall
offer for dedication to the Ventura County Fire Protection District (Fire
Protection District) a fire station site within the project at a location
mutually agreed upon by the City and the Fire Protection District. A 1.5
net -acre site is currently designated within the Specific Plan area as
planning area PA -23. If the City of Moorpark and the Ventura County
Fire Protection District concur, the fire station site may be relocated to
PA -10.
Da,vcare
In addition, the project includes a Day Care facility site (PA -22)
designated "public /quasi - public" (PQ).
2.1.7 School
School Facilities
The North Park Specific Plan contains a 20.5 -acre school site (PA -21)
designated as a "school use" (S).
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NorM Park
Exhibit 8
PARK, SCHOOL FIRE STATION CONFIGURATION
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2.2. GRADING
The grading design for North Park preserves a very large amount of
undisturbed hillside areas in the Nature Preserve and implements
sensitive grading design policies in the development area, as noted
below. See Section 2.2.3 below for details.
2.2.1 Policies
• A balance between cut and fill within the total
community shall be maintained.
• All grading and drainage system plans must be prepared
under the direction of a licensed Civil Engineer.
• Graded slopes over 30 feet in height shall be treated with
additional aesthetic techniques to reduce visual impact.
These techniques may include variable gradients, clustered
landscaping and rounded edges of slopes.
• Existing landforms shall be contoured, as necessary, to
provide a smooth and gradual transition with a minimum
radius of twenty -five feet to the graded slopes, while
preserving the site's basic form.
• Grading shall emphasize and accentuate scenic vistas and
natural landforms.
• Re- contoured slopes adjacent to roadways and
development areas shall be designed with a horizontal
curvature that simulates the horizontal surface variations
of natural contours as shown conceptually in the following
sketch.
Graded soils and exposed slopes shall be seeded and
planted as soon as the site grading is complete, using
approved landscape materials and procedures.
• Drainage courses shall be maintained in their natural state,
wherever possible. In areas where site development
requires drainage course modification, the disturbed area
should be restored with native plant species and rocks.
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• Visually prominent slopes and vista points shall be
preserved to the maximum extent feasible.
• Where roads cross drainage courses an aesthetically
enhanced culvert shall be used. Natural materials shall be
used for slope bank protection where these improvements
occur.
Vary Gr
to Emul
Slopes
Round {off
Graded
Corners
PREFERRED GRADING TECHNIQUES
• Storage of construction materials and equipment shall be
centralized and to the extent feasible is prohibited within
the nature preserve areas or in the critical root zone of
native trees to be preserved.
• Temporary, brightly colored tree protection devices shall
be used to delineate the protected area around each tree's
critical root zone. Such devises shall be sturdy and
durable, and highly visible to operators of construction
equipment. Tree protection devices will not be removed
until all equipment, materials and debris have been
removed from the site.
• Creative contour grading techniques will be used where
grading will be visible to public streets.
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A manufactured appearance to slopes shall be avoided by
creating smooth flowing contours of varying gradients,
preferably with slopes of 2:1 to 5:1. Sharp cuts and fills
and long linear slopes that have uniform grades shall be
avoided.
2.2.2 Grading Concept
The existing topography of the Specific Plan site is characterized by
sloping terrain ranging from 0 to 50 + %. Steeper areas are primarily
found in the northern portion of the site and in the arroyos; these areas
are designated as Nature Preserve and open space areas as permanent,
undeveloped open space. Land uses have been sited to compliment and
preserve hillside terrain, as well as provide a safe living environment.
The proposed grading plan protects important natural features, to
enhance the most visually significant slope banks and ridgelines, where
feasible, and retain their natural appearance. Manufactured slopes will
be recontoured to reflect the site's natural topographic character and
retain the visual integrity of the site under developed conditions, except
that retaining walls may be used adjacent to Moorpark College Road in
order to protect sensitive environmental resources.
The Preliminary Grading Concept Plan minimizes grading in the 20% or
greater slope areas. The existing topography is shown in Exhibit 3. The
proposed Preliminary Grading Concept for the project is provided as
Exhibit 9. This graphic illustrates a conceptual grading plan. Final
grading plans are subject to review and approval by the City of
Moorpark.
2.2.3 Grading Requirements
Compliance:
Chapter 17.38 of the Moorpark Municipal Code, Hillside Management,
"allows for the orderly and sensitive development of hillside areas in
conjunction with preservation of natural open space." The Ordinance
promotes the preservation of open space by encouraging the
consolidation of development onto flatter lands and by permitting the
encroachment into sloped areas in exchange for preserving exceptionally
large areas of open space.
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Development Agreement 2005 -01 Section 5.3F specifically exempts
application of prohibitions of regulations of development on slopes with
grades greater than 20% including without limitation, Moorpark
Municipal code chapter 17.38 or any successor thereto, within all
approved planning areas of Specific Plan 2001 -01. Project grading will be
consistent with the Preliminary Grading Concept included as Exhibit 9
(pocket map).
Erosion Control Plan:
Prior to issuance of a grading permit for any development on the Specific
Plan site, the project applicant shall submit an erosion control plan to
the Community Development Director and City Engineer for review and
approval.
In accordance with local and state regulations, a Storm Water Pollution
Prevention Plan ( SWPPP) will be developed for the project site. The
SWPPP will identify site specific erosion control measures such as debris
basins, silt fencing, straw wattles, sand bags, check dams, catch basin
inlet protection, slope protection, etc. to minimize the transport and
discharge of sediment laden storm water. The Project Applicant will be
responsible for the maintenance of the erosion control measures on -site
to prevent sediments from discharging from the site.
In addition, the SWPPP will address the construction and post -
construction Best Management Practices (BMPs) that will be
implemented for the project. In conformance with the State's General
Permit, BMPs will also be identified in the SWPPP for implementation
during the typical rainy season.
Improper handling of construction materials or equipment could result
in accidental spills that could affect surface water quality. Specific
BMPs will be included to minimize the potential for non - visible
pollutants to discharge from the site. Non - visible pollutant BMPs are
usually related to housekeeping, storage and handling of sensitive
construction materials, and non - structural items such as employee
training, and storm water information dissemination. The SWPPP will
identify proper housekeeping practices for sensitive material, spill
containment procedures, proper disposal procedures, etc. and required
frequencies for training sessions. In addition, the SWPPP will comply
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with Resolution 2001 -046 by including a sampling and analysis plan.
The Project Applicant will be responsible for implementing the proper
BMPs to prevent non - visible pollutants from discharging from the
project site.
Bulk Grading.
As the representative of the city, the City Manager is authorized to
permit bulk grading prior to City Council approval of final subdivision
maps. This grading must be consistent with the conditions of the
Specific Plan and approved tentative map. This grading is also
contingent on the City Engineer and the Community Development
Director's acceptance of a satisfactory performance bond to guarantee
implementation of the Erosion Control Plan, and completion of the
bulk grading.
Noise Attenuation:
The Specific Plan site would be subject to traffic noise from the new
roadway segments proposed in the planning area. Existing offsite
residences would also be subject to increased traffic noise levels due to
higher traffic volumes projected. Site design techniques will be
employed to comply with the City of Moorpark noise ordinance.
Construction noise, especially diesel - powered equipment, including
earth - movers, material handlers, and portable generators, can generate
substantial noise. Measures to reduce construction noise identified in
the project EIR shall be fully implemented during construction.
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Slope Erosion Control Planting
Slope Erosion control planting materials should vary in height and be
planted informally to soften the slope and to avoid a hard edge. The
following sketches labeled as "Typical Slope Planting" are included to
further illustrate this concept.
TYPICAL SLOPE PLANTING
Not to Scale
Trees should be Planted
in Informal Groupings
Foreground Plantings
should be Lower
and Transition into
Nigher Plantings
1
Shrubs should be Located
at the Top of Slopes and
Massed in Informal
Groupings
Potential Selective
Views over Slope
Planting from
Adjacent
Areas
Section View
U-1
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Norf4 Park
••
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Norfk ?Par ,
Exhibit 9
GRADING CONCEPT (Pocket Map)
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2.3. CIRCULATION PLAN
The North Park Specific Plan provides a hierarchy of vehicular
circulation facilities to serve future residents and to protect existing
neighborhoods from any adverse traffic impact. The Conceptual
Circulation Plan is depicted in Exhibit 10 and proposed Street Sections
are provided in Exhibit l la. The Conceptual Circulation Plan generally
locates the road network. Final engineered road alignments and paving
sections may vary and are subject to review and approval by the City of
Moorpark based on policies contained in this document and without an
amendment to this Specific Plan.
2.3.1 Vehicular Circulation Elements
Four Lane Arterial:
The road connecting the Moorpark College on /off ramp one mile east of
Collins Drive to North Park is a Four Lane Arterial road designed as a 40
mph road and developed to the standards below:
The Four Lane Arterial consists of four twelve -foot travel
lanes, (two in each direction), with an eight -foot wide
Class I1 Bicycle Lane / Emergency parking lane on each
side for a paving section of 64 feet. A 14 -foot wide
landscaped median in the center of the 64 -feet of paving
creates 32 feet of paving on each side of the median. The
Arterial has a 5 -foot sidewalk separated from the curb by
an eight -foot landscaped parkway on both sides. Four
travel lanes are within a 120 -foot right -of -way. Only
emergency parking is permitted on the Four Lane Arterial
Road (Exhibit l lb). Bike lanes and sidewalks on the four -
lane arterial shall extend across the freeway overcrossing
to its southerly terminus to allow for a bikeway or trail
connection to Oak Park or Arroyo Drive.
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Norffi Park
Observatory
27M
North Park Ordinance
Nature Preserve_
27H 27E
i�T14
I
27D
— 1�
` ✓
1 66
7 27F
i
27J - --
l
3 66
8
14 1 \
59
\�1
56
64 2
61
4
'1
6 . 58
57
• 17
32 65
31
211 5
2 f, I
48b 35 Sa 31 43
29 3
1
60
Lake 30
•
6
/
31 38 31 36
33 St' 31
7
� J� 1
�'/
40 Lake
3 27A
39
44 g
Nature Preserve
31 !
3 16
i (Public)
66
5 55
4 -
46 9 37
22
20
15
Community 41
13
��i 14
i NORTH
- -.
park (Public
10
LEGEND
O Round -about
Neighborhood
Entry Cottage
Bridged
Canyon
❑Residential
Streets 60' ROW
Exhibit 10
CONCEPTUAL CIRCULATION PLAN
70
Community
Street 60' ROW
Community Parkway
80' ROW
Four Lane Arterial
120' ROW
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CoTlmuni y Parkway.
The Specific Plan provides Community Parkway roads as depicted in the
Conceptual Circulation Plan and Street Sections. Each Community
Parkway is a two -lane road developed to the standards below:
• The Community Parkway consists of two twelve foot travel
lanes, one in each direction, with an eight -foot wide Class
II Bicycle Lane / Emergency Parking lane on each side for
a 40 -foot curb -to -curb paving section. The Parkway has a
5 -foot sidewalk separated from the curb by an eight -foot
landscaped parkway on both sides. Two travel lanes within
an 80 -foot right -of -way. Emergency only parking is
permitted on the Community Parkway.
Community and Residential Streets:
• Community and Residential Streets consist of two twelve -
foot wide travel lanes, one in each direction, with an
eight -foot wide Class III Bicycle Lane / Parking lane on
each side for a 40 -foot curb -to -curb paving section. The
Street has a five -foot sidewalk separated from the curb by
a five -foot landscaped parkway on both sides. Two travel
lanes within a 60 -foot right -of -way. Parking is permitted
on both sides of the Community Streets. (Note: The Bike
Lane is a Class III because it shares use with automobile
parking. The Community Street Bike Lane and Sidewalk are
Public Use.)
Modify Classifications: The City Council may alter the classification,
alignment or construction standards to satisfy City traffic levels of
service standards, protect environmental resources, and address safety
considerations. Additionally, the City Council may adjust street width
and right -of -way standards as necessary to implement traffic calming
strategies or protect environmental resources without amending the
Specific Plan.
71
Resolution No. 2005 -2399 North Park Ordinance
Page 107
NORTH PARK VILLAGE & NATURE PRESERVE
LAND USE, GRADING & CIRCULATION
2.3.2 Circulation Requirements
Assure Performance:
As a condition of recordation of each final map, the Project Applicant
will be required to provide the City with acceptable assurances that the
improvements required for that final map will be completed.
TrafficSign.al Improvements:
The Project Applicant will install traffic signals at any intersection
within the project as determined by the City pursuant to adopted and
generally applicable traffic standards.
Citywide Traffic Fee:
As a condition of the issuance of a building permit for each residential
and commercial use within the Specific Plan, the Project Applicant
shall pay the City a traffic mitigation fee ( "Citywide Traffic Fee "). The
amount of the Citywide Traffic Fee shall be established through
development agreement with the applicant or by applicable City
ordinance. The project applicant shall be required to mitigate traffic
impacts by contributing a fair -share percentage cost for improvements to
off -site intersections and other roadway improvements.
2.3.3 Phasing of Road Improvements
The North Park integrated circulation system has been phased and
designed to support the planned development, serve the residential
needs, greatly enhanced access to Moorpark College and minimizes the
traffic impact on existing residences.
Grading for the new Moorpark on /off ramp one mile east
of Collins Drive and the Four Lane Arterial community
entry road will be concurrent with the Phase One
construction of North Park consistent with Development
Agreement 2005 -01.
• The interim resident and public project entry during the
engineering and construction of the new Moorpark on /off
ramp one mile east of Collins Drive and the Four Lane
72
Resolution No. 2005 -2399
Page 108
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Arterial will be along Collins Drive consistent with
Development Agreement 2005 -01.
• The interim construction traffic entry during the
engineering and construction of the new Moorpark on /off
ramp one mile east of Collins Drive and the Four Lane
Arterial will be through the canyon road at the terminus
of Campus Park Drive consistent with Development
Agreement 2005 -01.
2.3.4 Street Sections
• Prior to the issuance and building permit for the 501st
home in the Specific Plan, the construction of the new
Moorpark on /off ramp one mile east of Collins Drive and
the Four Lane Arterial road shall be completed,
connecting Moorpark College and the project site to SR-
118. Upon the completion of these improvements, the
major project entry shall be along the new Four Lane
Arterial road.
The residential street layout shall provide the opportunity
for a connection to the land outside of the planning area
to the west.
• Existing unimproved roads should be used for construction
activities to avoid bringing construction traffic through
existing neighborhoods, whenever practical.
LAND USE, GRADING & CIRCULATION
73
Resolution No. 2005 -2399 North Park Ordinance
Page 109
Norfk Park
5 5
* Side 8' 12' 12' 8' > Side
Walk 5' Parking Travel Lane I Travel lane Parking 5' 1 walk
1
10' 40' Paving
........ 5:1 Max
60' ROW
Community and Residential Street
60 foot Right of Way
Not to Scale
Exhibit I I a
STREET SECTIONS
74
Resolution No. 2005 -2399 I North Park Ordinance
Page 110
Norfk Park
Community Parkway
80 foot Right of Way
Not to Scale
gtEf
6- 6"
6' 'yak \
4f
Curb
Curb Curb
Curb
eAa*
r
5
\ax
ak
'�
5
Curb
8.
?r Bike Lane/!
Bik96LHnel
Evo� y
Parking
d Curb
Bike Lane/!
5
Side 1
8 Emergency
12' 12
"Emergency:, 8`
Sde
Walk Parkway Parking
Travel Lane Travel Lane
Parking Parkway walk
"�z
x
21'
r
21'
Max
20'
Landscaping
32 Paving
Median
20'
Landscaping
Landsc,3ping
i,
40'--,61 Paving
Landscaping
Community Parkway
80 foot Right of Way
Not to Scale
Four LaneArterial
120 foot Right of Way
Not to Scale
Exhibit I I b
STREET SECTIONS
75
6- 6"
6' 'yak \
Curb
Curb Curb
Curb
2•y�
5
\ax
Side
walk
8'
Parkway
Bik96LHnel
Evo� y
Parking
12'
Travel Lane
12'
Travel Lane
12'
Travel Lane
12'
Travel Lane
Bike6Lanel
Evr
Parking
5'
8• Side
Parkway walk
— —
5:1
21'
14'
21'
Max
Landscaping
32 Paving
Median
32' Paving
Landscaping
120' ROW
Four LaneArterial
120 foot Right of Way
Not to Scale
Exhibit I I b
STREET SECTIONS
75
Resolution No. 2005 -2399 North Park Ordinance
Page 111
NORTH PARK VILLAGE & NATURE PRESERVE
LAND USE, GRADING & CIRCULATION
2.4. PHASING PLAN
The project Phasing Plan as depicted in Exhibit 12, sets forth the three
development phases (Development Phases A through C) and depicts the
planning areas that will be graded within each phase. Planned land use
by Phase is shown in Table 2.
The Phasing Plan provides that the plan will be completed in three
phases. Phase A generally includes the eastern portion of the plan. This
phase is limited to 500 single family detached homes and necessary
infrastructure to serve these homes. In particular, the new four lane
arterial road and highway on /off ramp one mile east of Collins Drive
must be completed before building permits may be issued for any
subsequent phases. Additionally, one -third of the Nature Preserve will
be offered for dedication for public use as part of Phase A. The school
site will be fully improved and offered for dedication to the school
district as part of Phase A. The Community Park will be graded,
improved and dedicated to the City of Moorpark as part of Phase A,
subject to radification by the City Council. The fire station site and
daycare site will also be improved as part of Phase A.
Phase B encompasses the more central portion of the planning area and
includes 529 single family detached homes. One -third of the Nature
Preserve will be offered for community use as part of the phase. This
Phase includes the grading and development of the recreation lake, the
neighborhood center and several neighborhood parks (PA 34 through PA
40).
Phase C includes the remaining northeastern portion of the planning
area including the remaining 471 single family detached homes. The
final third of the nature preserve will be conveyed for community use as
part of this phase.
The Specific Plan will be implemented using one or more Master Tract
Maps and subsequent multiple Tentative and Final Maps. All
subdivision shall be accomplished per the provisions of the California
Subdivision Map Act (Government Code Sec. 66410 et seq.) and the
City of Moorpark Subdivision Ordinance.
76
i
Resolution No. 2005 -2399
Page 112
Table 2
Land Use Phasing
PHASEA
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
LAND USE, GRADING & CIRCULATION
Planning
Area
Acres
(Gross)
Land Use Description
Units Density
(DU per AC)
PA -1
77.1
Residential
125
1.6
PA -2
100.5
Residential
162
1.6
PA -3
73.3
Residential
130
1.8
PA -4
5.4
Residential
9
1.7
PA -5
6.5
Residential
13
2.0
PA -6
5.9
Residential
1 1
1.9
PA -7
3.1
Residential
8
2.5
PA -8
16.4
Residential
42
2.6
PA -9
8.5
Residential 10.6
90*
10.6
PA -10
27.3
Community Park
PA -1 1
4.5
Nature Park
PA -12
43.6
Open Space
PA -13
13.3
Open Space
PA -14
59.6
Open Space
PA -15
4.2
Open Space
PA -16
38.2
Open Space
PA -17
17.5
Open Space
PA -18
19.0
Open Space
PA -19
4.7
Open Space
PA -20
3.5
Open Space
PA -21
20.5
School
PA -22
0.6
Day Care (6,000 SF)
PA -23
1.6
Fire Station
PA -27A -M
720.0 **
Nature Preserve
Roads
25.7
Roads
Total Phase
1,300.5
590* Units
*The affordable housing site (PA -9) will be graded as part of Phase A, actual constniction will be
separate plan and agreement.* *One -Third of the Nature Preserve area will be conveyed to the City
part of each separate Planning Phase.
determined by a
of Moorpark as a
0
Resolution No. 2005 -2399 I North Park Ordinance
Page 113
NORTH PARK VILLAGE & NATURE PRESERVE
LAND USE, GRADING & CIRCULATION
i
tone -Third of the Nance Preserve area will be conveyed ro the City of Moorpark as apart of each separate Planning
Phase. * *May be expanded to 6.5 acres.
PHASE B
Planning
Area
Acres
(Gross)
Land Use Description
Units
Density
(DU per AC)
PA -27A -M
720.0*
Nature Preserve
PA -28
35.8
Residential
73
2.0
PA -29
20.2
Residential
46
2.3
PA -30
6.6
Residential
9
1.4
PA -31
86.4
Residential
246
2.8
PA -32
21.7
Residential
44
2.0
PA -33
45.4
Residential
III
2.4
PA -34
2.8
Neighborhood Park (private)
PA -35
0.6
Neighborhood Park (private)
PA -36
2.9
Neighborhood Park (private)
PA -37
9.3
Park (public)
PA -38
0.3
Neighborhood Park (private)
PA -39
0.5
Neighborhood Park (private)
PA -40
0.4
Neighborhood Park (private)
PA -41
2.6
Open Space
PA -42
2.9
Open Space
PA -43
7.5
Open Space
PA -44
27.1
Open Space
PA -45
1 1.9
Open Space
PA -46
24.7
Open Space
PA -47
10.7
Open Space
PA -48a
52.0
Lake Surface (public access)
PA -48b
15.9
Lake Buffer
PA -49
5.0 **
Neighborhood Center (70,000 SF)
90
18.0
PA -54
16.7
Open Space
PA -55
8.7
Open Space
Roads
14.7
Roads
Total Phase
1,153.3
619 Units
tone -Third of the Nance Preserve area will be conveyed ro the City of Moorpark as apart of each separate Planning
Phase. * *May be expanded to 6.5 acres.
i
Resolution No. 2005 -2399
Page 114
PHASE C
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
LAND USE, GRADING & CIRCULATION
Planning
Acres
Land Use Description
Units
Density
Area
(Gross)
(DU per AC)
PA -27A -M
720.0*
Nature Preserve
PA -56
32.3
Residential
60
1.9
PA -57
40.1
Residential
74
1.8
PA -58
25.9
Residential
63
2.4
PA -59
66.9
Residential
111
1.7
PA -60
71.1
Residential
163
2.3
PA -61
11.8
Neighborhood Park (private)
PA -62
1.2
Neighborhood Park (private)
PA -63
0.3
Neighborhood Park (private)
PA -64
5.5
Open Space
PA -65
25.4
Open Space
PA -66
87.6
Open Space
Roads
2.3
Roads
Total Phase
1,090.4
471 Units
*One -Third of the Nature Preserve area will be conveyed to the City of Moorpark as a part of each separate Planning
Phasic.
79
Resolution No. 2005 -2399
Page 115
North Park Ordinance
27 ^ i. _14
27D
V � C
7 27F.
66 7
.: 1 �
C 59 63 66 6 EY 56 64 2 14
1
62
— 58 t
32 65
31
'
48b 35
a
31 43
60
1
3
31 36
B
33
31
40
9
66
64`< 46
55
31
4
9
22
20
15
Community
Park Pubfit
t 0.
21
School
Collins
Drive
9
Moorpark
College
Campus
Road
Campus
Park Drive
SR -era
LEGEND
1:
/A 1
26 5 3 2
7 6 t f
31 !i I
3 /�' -` 27A
Nature. Preserve
3 16 - / (PUFalic)
/
37
41 12
14
45 45 NORTH
47
0 1250 2500
Scale in feet
JPhase Designation
Exhibit 12
CONCEPTUAL PHASING PLAN
a
Notes:
1. This map illustrates phasing of development and
New infrastructure necessary to support development
1e within each phase. The map does not depict the
phasing of the conveyance of the Nature Preserve,
the phasing of which is described in the text.
2. The Development Agreement requires that
construction of the access road
commence during Phase A and be completed before
the issuance of 501 sl
building permit.
Resolution No. 2005 -2399
Page 116
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
RIMIC �S'ervices, ek rFaciffties
a
Resolution No. 2005 -2399 North Park Ordinance
Page 117
NORTH PARK VILLAGE & NATURE PRESERVE
PU13LIC SERVICES & FACILITIES
DIN
Resolution No. 2005 -2399
Page 118
3. PUBLIC SERVICES AND FACILITIES
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Public services and facilities serve as the backbone for any well planned
community. Integrated with the roadway system, public facilities such as
water, sewer, storm drainage, and utilities provide essential services for
the orderly progression of a planned community.
This section addresses the public services needs of the North Park
Specific Plan project. Table 3, Public and Community Services
Responsibility Summary, depicts fire, parks, and schools. The table
identifies responsibility for land dedications, funding mechanism for
construction and maintenance, and the project administering agency.
Table 3
Public and Community Services Responsibility Summary
Service / Facility
Land
Funding Mechanism
Project Administering
Construction Maintenance
Dedication
Agency
Master Project
Fire Station
Master Project
Applicant Property
Property
Ventura County Fire
Applicant
Tax and Fees
Tax*
Protection Department
from Promect Area
HOA/
Public Parks and
Master Project
Master Project
Nature
City of Moorpark
Trails
Applicant
Applicant
Preserve
Manager
State
Public Schools
Master Project
Project Applicant
Funding/
Moorpark Unified School
Applicant
School
District
District
HOA = Home Owners Association
* "Property Tax" when used in this table refers to the share of the property tax allocated to the agency indicated
plus any other revenue available to it. "Master Project Applicant" funding might include land secured public
finance assessment mechanisms.
All necessary utilities of sufficient capacity are either adjacent to or will
be brought to the site as a part of the North Park project. Table 4,
Infrastructure Responsibility Summary depicts the circulation, public
facilities, services and utilities associated with Specific Plan, the
PUBLIC SERVICES & FACILITIES
Resolution No. 2005 -2399 North Park Ordinance
Page 119
NORTH PARK VILLAGE & NATURE PRESERVE
PUBLIC SERVICES & FACILITIES
Table 4
Infrastructure Responsibility Summary
84
Construction and Funding Responsibility
Off-Site
Backbone
Intracts
Service / Facility
Maintenance
Project
Improvements
Improvements
Improvements
Funding Source
Administering
Agency
Backbone
Master Project
Master Project
Road Fund / CSA
Transportation /
Applicant
Applicant
Merchant Builder
!Special Taxes
City of Moorpark
Circulation System
Potable Water System
Master Project
Master Project
Merchant Builder
Water Fees
Water Works
Applicant
Applicant
District #1
Reclaimed Water
Master Project
Master Project
Water Works
System
Applicant
Applicant
Merchant Builder
Water Fees
District #1
Sanitary Sewer
Master Project
Master Project
Water Works
System
Applicant
Applicant
Merchant Builder
Sewer Fees
District #1
Flood Control / Drainage
In Streets
Master Project
Master Project
Merchant Builder
Road Fund
City of Moorpark
Applicant
Applicant
Natural Drainage
Master Project
Master Project
CSA / Special
Courses
A
Applicant
PP �
PP licant
Applicant
Builder
Taxes
City of Moorpark
Utilities
Master Project
Master Builder /
Natural Gas
Not Applicable
Applicant / So.
So. Calif. Gas
Private Fees
So. Calif Gas
Calif Gas Co.
Co.
Co.
Master Project
Electricity
Not Applicable
Applicant / So.
Master Builder /
private Fees
So. Calif Edison
Calif Edison
So. Calif Edison
Master Project
Phone / Fiber Optics
Not Applicable
Applicant /
Master Builder/
Private Fees
Pacific Bell
Pacific Bell.
Pacific Bell.
Master Project
Cable TV
Not Applicable
Applicant /
Master Builder /
Private Fees
To be determined
Private Facilitator
Private Facilitator
84
Resolution No. 2005 -2399
Page 120
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
responsible party for the construction, funding, and administration, and
the administrating agency.
The City of Moorpark defines a neighborhood park as being 2.5 to 16
acres; the city encourages their location adjacent to school sites.
According to the City Open Space, Conservation, and Recreation
Element, minimum features required in a neighborhood park should
include a baseball diamond, open turf for soccer, touch football, or other
field games, tot lots, picnic facilities with barbecue features, open space
for informal play, restrooms and parking areas. Park PA -37 is the
primary facility intended to meet this definition. The 4.5 acre Nature
Park (PA -11) is a specialized neighborhood park overlooking large open
space area for nature education and interpretive activities. Conceptual
plans for these parks are provided in Exhibit 13. The graphic
illustrations, the possible configuration of uses, and the actual park plan
are subject to review and approval by the City of Moorpark.
The size and configuration of any of these parks may be modified by the
City in response to environmental constraints, grading practices and
drainage requirements but the total acres of public parks shall not be
decreased.
PUBLIC SERVICES & FACILITIES
Resolution No. 2005 -2399 i North Park Ordinance
Page 121
NORTH PARK VILLAGE & NATURE PRESERVE
PUBLIC SERVICES & FACILITIES
M
Table 5
Park Phasin
PARK
ACRES
DESCRIPTION
PHASE
AMENITIES*
PUBLIC
PA -27
2,160.0
Nature Preserve
A, B, C
Natural
PA-48a
52.0
Lake (Public Access)
B
Lake
PA-48b
15.9
Lake Buffer (Public
Access)
B
Pedestrian / Bicycle Path
Softball and /or baseball fields, Soccer
Fields, Tennis Courts (lighted),
Basketball Courts (lighted), Children's
Play Equipment & Tot Lots,
PA -10
27.3
Community Park
A
Restroom /Concession Structure,
Picnic Shelter, Parking Lot, Skate
Facility, Swimming Pool,
Gymnasium /Recreation Center,
Village Stage
Village Stage, Pier, Small -Boat
Launching Ramp, Boat Rentals, Tot -
PA-37
9.3
Public Park
B
Lot, Large Open Turf Area, Hard
Court, Sand Volleyball Court, Lake
Edge
PA -1 1
4.5
Nature Park
A, B **
Nature Interpretive Trail
2,269
TOTAL (public) ACRES
PRIVATE
*Public Swim area, changing facilities, restrooms
PA -61
11.8
Recreation Center
C
8 Lane Pool, Diving Pool, Tot -Lot,
Hard Courts, Open Turf Areas
Tot —Lot, Open Turf Area, Sandy
PA -34
2.8
Neighborhood Park
B
Beach,Sand Volley Ball Court,
Lake Edge
PA -38
0.3
Neighborhood Park
B
Open Turf Area, Lake Edge
PA-40
0.4
Neighborhood Park
B
Open Turf Area, Lake Edge
PA -35
0.6
Neighborhood Park
B
Open Turf Area, Lake Edge
Tot —Lot, Hard Court, Open Turf
PA -36
2.9
Neighborhood Park
B
Area, Sandy Beach, Sand Volley Ball
Court, Lake Edge
PA -62
1.2
Neighborhood Park
C
Open Turf Area
Sandy Beach, Tot —Lot, Open Turf
PA -38
0.3
Neighborhood Park
B
Area, Sand Volley Ball Courts, Lake
Edge
PA -39
0.5
Neighborhood Park
B
Open Turf Area
PA -63
0.3
Neighborhood Park
C
Open Turf Area
21.1
TOTAL (private)
*Conceptual amenities
depicted for planning and sizing purposes,
actual
improvements determined by City
pursuant to park master plans.
* *Dedication as
part of Phase
A, improvement as part Phase B (or earlier
if determined by the City).
Resolution No. 2005 -2399 North Park Ordinance
Page 122
NORTH PARK VILLAGE & NATURE PRESERVE
PUBLIC SERVICES & FACILITIES
3. 1.1 Parks and Recreation
Recreational Lake
The proposed 67.9 -acre recreational lake area will be open to the
Moorpark community. The 67.9 -acre lake area consists of a 52 -acre lake
and a 15.9 -acre lake buffer. The lake area will be maintained by a
homeowners' association, landscape maintenance district, community
facility district or similar permanent funding mechanism that does not
rely on the general fund of the City. Only property owners in North
Park Specific plan area will be obligated to make payments pursuant to
the funding mechanism selected. User fees shall not be levied for use of
these facilities by the applicant or their successors. It will provide a
unique recreation opportunity as well as the community's design focal
point.
A public park, planning area PA -37, will provide lakeside park use
opportunities, a swim lagoon, village stage, and a small -boat launching/
rental facility available to the Moorpark community. A conceptual plan
for this public park is provided in Exhibit 13. A public trail will also
loop around the lake for walking and jogging as conceptually depicted in
the Lake Trail Exhibit 14. The lake also serves as the focus for the
neighborhood center (PA -49), which will include restaurants that
provide waterfront dining. In addition to its visual aspects, the lake will
offer boating and limited fishing opportunities as recreational activities
for the general public.
Several small private parks are also located along the lake shore to
provide areas for residents to stop and enjoy the lake views. The
character of the lake trail will range from a more sophisticated edge
(with more hardscape with formal design) along the neighborhood
center to a softer, park -like environment linking the parks and
residential neighborhoods. In some locations, private docks may be
provided for lakefront lots. In these locations, the public trail will
separate the homes from the docks (see conceptual lake trail sketches in
Exhibit 14a.)
P)
Resolution No. 2005 -2399 North Park Ordinance
Page 123
Exhibit 13
PA -37AND PA -I I PARKS
•�
PA- I I Nature Park (Public)
r s,!,�✓
P
Public Conneaon to
Lake Trail along \tillage ♦
Sidewalks
One Way Loop Lakeside
Trail Distance - 2.3 Miles
North Park Ordinance
t
w5
i
ay
{ r <y
r
`e
Exhibit 14a
LAKE TRAIL PLAN
89
Resolution No. 2005 -2399
Page 125
M k Lake
Ped /Bike
Trail
Recreational Lake Lake Edge Open Space
North Park Ordinance
Private Residential
Section B -B'
Lakeside Trail through the Neighborhood Center Courtyard
not to scale
or Sitting and athering
Lakeside
Recreational Lake Neighborhood Center Courtyard
Exhibit 14b
LAKE TRAIL SECTIONS
90
Section C -C'
20' Paseo Along Single Loaded Residential Street
not to scale
North Park Ordinance
Sing y Sidewalk Jl
Sin le Famil t
Residential Landscaped Open Space 20' Paseo
T Utility Area
Section D -D'
Paseo Adjacent to Lake "Bay"
not to scale
6
Curb ,
r F 8'
5' Sidewalk r Pkwy €
( 80' ROW
60' ROW
Paseo Landscaping
5' Meandering
Sidewalk
y
6
Curb
8'
' Pkwy
22' Paseo
P
.�...._.
20
Lake Buffer
Landscaping
and Lake
Additional
10' Paseo
Landscaping
Single Family
Exhibit 14c
LAKE TRAIL SECTIONS
91
Resolution No. 2005 -2399
Page 127
4 Hal
Bask
mm
North Park Ordinance
Nor(6 ?Park
pen Turf
area
Key Map
Exhibit 15
NEIGHBORHOOD RECREATION PARK (PRIVATE PA -61)
92
Resolution No. 2005 -2399
Page 128
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Paseos
Paseos with pedestrian paths will be located adjacent to residential
streets to complete a public trail system, which loops around the lake.
Where the Lake Trail is not located immediately adjacent to the lake, it
will be constructed as a paseo. The location of the Lake Trail is shown in
Exhibit 14 and the Paseo section is shown in Exhibit 14a.
North Park Recreation Center (PA -61)
The Specific Plan contains a 11.8 -acre neighborhood park located on the
northern edge of the Specific Plan area, which is to be a private active
recreation and open space area owned and maintained by the
Homeowners' Association (PA -61). A conceptual plan for this
neighborhood recreation center is provided in Exhibit 15.
3.1.2 Fire Protection
North Park is within the Ventura County Fire Protection District, which
will provide service for the project. The closest fire station (Ventura
County Station No. 42) serving the Specific Plan area is located in
downtown Moorpark.
The following shall be required of the project:
• An emergency services fire station helispot is identified in
the Specific Plan planning area (PA -27B). The purpose of
this site is to provide a location for fire - fighting
helicopters to land and fill with water during emergency
situations. To assist in fighting fires, a fire station helispot
is a permitted use within the Nature Preserve.
• The water system serving the project will meet agency
requirements for the fire flow. The project will provide
1.0 million gallons of water storage for fire flow and will
maintain a flow rate of 4,000 gallons per minute for a 4-
hour duration.
• The use of non - flammable materials, especially roofing
materials, will be required for all structures in the Specific
Plan area.
PUBLIC SERVICES & FACILITIES
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PUBLIC SERVICES & FACILITIES
• Implementation of a vegetation management program
focusing on management of highly combustible native
vegetation pruning of lower branches of native oak trees
and the elimination of invasive, combustible non - native
species introduced by residents is required. Permanent
fuel modification where development is adjacent to
natural open space areas is required. The width of the fuel
modification zone will be a maximum of 100 feet from the
buildable pad adjacent to the Open Space, and a minimum
of 200 feet from the buildable pad adjacent to the Nature
Preserve along the northern portion of the development,
subject to the standards of the Ventura County Fire
Protection District. The following conceptual "Fuel
Modification Zone" sketch has been provided to further
illustrate this concept. A recommended fire protection
plant species list is provided in Appendix A. The
following factors will be considered in the determination
of the width of the fuel modification zone:
1. The natural slope of the land within the site and adjacent to the
site;
2. Fuel loading (density of the natural vegetation);
3. Access to the project area and the fuel modified area; and,
4. Availability of fire flow through a municipal water system.
Prior to the recordation of the first final map, the Project Applicant
shall enter into an agreement with the Ventura County Fire Protection
District establishing the timing for the provision of a fire protection site
and infrastructure requirements for the Specific Plan, consistent with
the terms of the Development Agreement. The Specific Plan includes a
proposed fire station site (PA -23), adjacent to the Community Park
(PA -10), which will be dedicated to the Fire Protection District. If the
City of Moorpark and /or the Ventura County Fire Protection District
agree the fire station site could be relocated to PA 10; PA 23 would then
become open space.
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FUEL MODIFICATION ZONE
3.1.3 Police Protection
Police protection for North Park will be provided by the Ventura County
Sheriff's Department which provides contract sworn and non -sworn
county officers serving as law enforcement personnel for the City of
Moorpark. The project will be responsible for the payment of Police
Facilities Fees to pay for expanded facilities to serve the additional
population.
PUBLIC SERVICES & FACILITIES
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NORTH PARK VILLAGE & NATURE PRESERVE
PUBLIC SERVICES & FACILITIES
3.2. PUBLIC FACILITIES
3.2.1 Domestic Water System
Domestic water for North Park will be provided by Ventura County
Water Works District No.1 (WWD No. 1), a water retailer. WWD No.1
provides water to all customers within the district, which includes the
incorporated areas of the City of Moorpark and unincorporated areas to
the north and west of the city, including the Specific Plan site.
WWD No.l has groundwater basin and imported water sources to serve
the area. The underground supply is from six active wells. Imported
water is delivered to the area by the Calleguas Municipal Water District
(CMWD) through ten metered turnouts. Approximately 75 % of WWD
No. 1's water is obtained from the CMWD. The CMWD receives its
entire water supply from the State Water Project by way of the
Metropolitan Water District of Southern California.
Water will be provided to the Specific Plan site by WWD No.1 via
turnout stations from the CMWD. Project water sources will likely be at
two major locations. One is at the existing dual 944 zone reservoirs of
WWD No.1 located on the hill east of the terminus of Campus Park
Drive. Water will be pumped, and looped via transmission mains,
through the Specific Plan area. A new reservoir for the 944 zone (Zone
A reservoir) is proposed within the project in order to accommodate
those portions of the project within that particular water zone. Water
will be pumped from this zone to the reservoirs of the other two service
zones of the project. The backbone water system is shown on Exhibit 16,
Domestic Water Plan. This plan illustrates the conceptual location of a
domestic water transmission system. The final plan is subject to review
and approval by the City of Moorpark and Water Works District #1.
An additional turnout station may be required to serve the project as a
second source. The turnout station would be located along the 20 inch
Calleguas transmission line, west of the project and Happy Camp
Canyon Regional Park. A preliminary location for the new turnout
station is in the vicinity of Broadway and Walnut Canyon Road. The
average daily domestic water demands for the North Park project are
provided in Table 5.
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Table 5
Estimated Domestic Water Demand
Consumption Total
Single Family based on 3.5 persons per dwelling unit times 226 gallons per capita daily
Very High Density based on 2.8 persons dwelling unit times 226 gallons per capita daily
In order to assure that water will be efficiently used within North Park, a
water conservation plan will be prepared which includes measures to
reduce water demand from development on the Specific Plan property.
Implementation measures shall include feasible reuse of wastewater,
installation of low -flush toilets and drought- resistant landscape
requirements.
3.2.2 Recycled Water System
The project will use recycled wastewater for onsite irrigation, if
available, from the water purveyors. These areas include the parks, major
roadways, parkways and medians, schools and other public facilities, the
commercial site landscaping, residential slopes adjacent to roads,
common areas for attached residential projects, and brush clearance /fuel
modification areas surrounding residential areas and adjacent open
space. The proposed recycled water system is shown in Exhibit 17. The
exhibit depicts the conceptual location of the recycled water system.
The actual system is subject to the review and approval of the City of
Moorpark and Water Works District #1.
The estimated demand for recycled water for irrigation is provided in
Table 6. The irrigation use at build out is projected to be approximately
1.123 mgd.
PUBLIC SERVICES & FACILITIES
OA
naLe
�_onsumptuon
Single Family Residential: 1500 units
791 gpd /unit
1,186,500 gpd
Affordable Housing: 180 units
633 gpd /unit
113,940 gpd
Day Care Center: 0.6 acres
2,500 gpd /ac
1,500 gpd
Fire Station: 1.5 acres
2,500 gpd /ac
3,750 gpd
School: 18-acres
2,500 gpd /ac
45,000 gpd
Parks: 64.0 acres
890 gpd /ac
56,960 gpd
Commercial: 5 acres
890 gpd /ac
4,450 gpd
TOTAL DEMAND
1,412,100 gpd
ac = acre; gpd = gallons per day
Single Family based on 3.5 persons per dwelling unit times 226 gallons per capita daily
Very High Density based on 2.8 persons dwelling unit times 226 gallons per capita daily
In order to assure that water will be efficiently used within North Park, a
water conservation plan will be prepared which includes measures to
reduce water demand from development on the Specific Plan property.
Implementation measures shall include feasible reuse of wastewater,
installation of low -flush toilets and drought- resistant landscape
requirements.
3.2.2 Recycled Water System
The project will use recycled wastewater for onsite irrigation, if
available, from the water purveyors. These areas include the parks, major
roadways, parkways and medians, schools and other public facilities, the
commercial site landscaping, residential slopes adjacent to roads,
common areas for attached residential projects, and brush clearance /fuel
modification areas surrounding residential areas and adjacent open
space. The proposed recycled water system is shown in Exhibit 17. The
exhibit depicts the conceptual location of the recycled water system.
The actual system is subject to the review and approval of the City of
Moorpark and Water Works District #1.
The estimated demand for recycled water for irrigation is provided in
Table 6. The irrigation use at build out is projected to be approximately
1.123 mgd.
PUBLIC SERVICES & FACILITIES
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Norf6 ?Park
Exhibit 16
DOMESTICWATER PLAN
98
1
RESERVOIR
SITE "D'
OPTIONAL 1180 ZONE
12 /
1
WATER TANKS _
,
(A,B OR C)
!
NATURE PRESERVE
it
�l
RESERVOIR
L ^ ---7 -- 7
SITE'A'
RESERVOIR �r \ ff
i
RESERVOIR SITE 'C'/ /
— —
SITE'B" t
\; �I
{
12' \ ;
1
fIfIIIJ
12' 12 " -1 B' l 8.
�� 11
1180
PROPOSED l
12•
TRANSMISSION 1380 ZONE /` l
Lake 12'. MAIN 12 " -16' PUMP STATION f
12 12'
lJ
/ NATURE r
PRESSURE
�/ PRESERVE J
REDUCING
�! f
VALVE
r"
NORTH
12'
12"
/
f
10,
Collins -_% B. ,
Drive B "., 12• -18
RESERVOIR
SITE 'E'
i
Moorpark •' B 7
10• College-, '' 16• COLLEGE RESERVOIRS 1 & 2
1.0 & 1.5 MILLION GALLON TANKS
% Ca pus j�B• o�
P k Drive 7
Proposed New
Interchange
S19-118
ACCESS
TUNNEL =
PROPOSED 1180 ZONE
PUMP STATION
SEE TABLE FOR SIZING
LEGEND
Existing 944 Zone VCWWD
Distribution Pipeline
Proposed 1180 Zone Onsite Pipeline
Proposed 944 Zone Onsite Pipeline
_, Proposed 1380 Onsite Pipeline
Exhibit 16
DOMESTICWATER PLAN
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Table 6
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Estimated Demand For Recycled Water
ac = acre; gpd = gallons per day; N/A = not applicableSingle Family residential lots to be landscaped and main
tained by individual homeowners
In order to provide adequate storage to meet daily demand for recycled
irrigation water, a separate reservoir system will be required. Two
reservoirs for recycled water are proposed in the plan, serving the 1080
zone. The reservoirs provide total storage of 2.4 million gallons.
3.2.3 Wastewater System
The proposed project wastewater system is a gravity system that utilizes
existing WWD No.1 sewer facilities within the City. North Park will
use existing wastewater lines within the City with some offsite
transmission line improvements necessary to accommodate project
flows. Project effluent would be discharged in the existing wastewater
line system to the Moorpark treatment plant operated by WWD No.1 for
treatment. Total wastewater flows are estimated to be 0.612 mgd at
project build -out, as detailed in Table 7, below. The major backbone
system for wastewater is shown in Exhibit 18, Wastewater System. The
exhibit illustrates the conceptual location of the wastewater system.
The final system is subject to review and approval of the City of
Moorpark and Water Works District #1.
PUBLIC SERVICES & FACILITIES
•.
Consumption
Total
Land Use
Rate
Consumption
Single Family Residential: 1500 units
N/A
N/A
Affordable Housing:180 units
7.5ac @ 20%
2,670 gpd /ac
4,806 gpd
Day Care: 0.6 acres @ 40%
2,670 gpd /ac
641 gpd
Fire Station: 1.5 acres @ 40%
2,670 gpd /ac
1,602 gpd
School: 18 acres @ 40%
2,670 gpd /ac
19,244 gpd
Parks: 64.0 acres
2,670 gpd /ac
170,880 gpd
Commercial: 5 acres @ 70%
2,670 gpd /ac
9,345 gpd
Roadway Landscaping: 256.9 acres
3,570 gpd /ac
917,133 gpd
TOTAL DEMAND
1,123,651 gpd
ac = acre; gpd = gallons per day; N/A = not applicableSingle Family residential lots to be landscaped and main
tained by individual homeowners
In order to provide adequate storage to meet daily demand for recycled
irrigation water, a separate reservoir system will be required. Two
reservoirs for recycled water are proposed in the plan, serving the 1080
zone. The reservoirs provide total storage of 2.4 million gallons.
3.2.3 Wastewater System
The proposed project wastewater system is a gravity system that utilizes
existing WWD No.1 sewer facilities within the City. North Park will
use existing wastewater lines within the City with some offsite
transmission line improvements necessary to accommodate project
flows. Project effluent would be discharged in the existing wastewater
line system to the Moorpark treatment plant operated by WWD No.1 for
treatment. Total wastewater flows are estimated to be 0.612 mgd at
project build -out, as detailed in Table 7, below. The major backbone
system for wastewater is shown in Exhibit 18, Wastewater System. The
exhibit illustrates the conceptual location of the wastewater system.
The final system is subject to review and approval of the City of
Moorpark and Water Works District #1.
PUBLIC SERVICES & FACILITIES
•.
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U
I PROPOSED 1350 ZONE
7 PUMP STATION
155 PSI DISCHARGE
25 PSI SUCTION
CONNECTION TO
RUSTIC CANYON
1 (GOLF COUR6k
Lake
_j
Collins k
Campus
Road
Park
Campus
121 S �� Drive
R' 118
Proposed New
Interchange
LEGEND
*/Proposed 1080 Zone Recycled Proposed 1350 Zone Recycled
Water Pipeline Water Pipeline
(8" size unless noted otherwise) (8" size unless noted dtherwise)
Exhibit 17
RECYCLEDWATER PLAN
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Resolution No. 2005 -2399 North Park Ordinance
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PROPOSED
SEWER LIFT STATION
Collins
Drive
Moor ark "
CONNECTION CTION Coll ge
Campus
>� Road
Campus
Park Drive
S'? 8
Proposed New
Interchange
LEGEND
Existing Offsite Proposed Onsite Sewer Line �� Proposed Onsite
Sewer Pipeline - Size Noted (8" unless noted otherwise) • Forcemain Pipeline
Exhibit 18
WASTEWATER SYSTEM
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NORTH PARK VILLAGE & NATURE PRESERVE
PUBLIC SERVICES & FACILITIES
Land Use
North Park Ordinance
Table 7
Estimated Domestic Wastewater Generation
Flow Rate Total Flow
Single Family Residential: 1500 units
308 gpd
462,000 gpd
Affordable Housing:180 units
246 gpd
44,280 gpd
Day Care Center: 0.6 acres
1,220 gpd /ac
732 gpd
Fire Station: 1.5 acres
1,220 gpd /ac
1,830 gpd
School: 18 acres 1,220 gpd /ac 21,960 gpd
Parks: 64.0 acres 1,220 gpd /ac 78,080 gpd
Commercial: 5 acres 2,000 gpd /ac 10,000 gpd
TOTAL DEMAND 618,882 gpd
ac = acre; gpd = gallons per day. Single Family based on 3.5 persons per dwelling unit times 88 gallons per person.
Very High Density based on 2.8 persons dwelling unit times 88 gallons per person.
3.2.4 Storm Water Drainage
Development of the project site will result in changes to the rate and
amount of storm water run -off during rainstorms. New storm water
drainage facilities and improvements will be required to control
increased flows from developed land. A drainage analysis has been
prepared analyzing both the pre- and post- developed flows leaving the
project site for each major watershed area. Off -site, downstream storm
drain facilities are also considered with regard to capacity and
acceptance of runoff from the project site. The study identified
potential alternatives to minimize flows reaching downstream facilities
and alternatives for correcting existing deficient downstream drainage
facilities.
Existing Watersheds
No.2 Canyon Watershed: This watershed is the largest and easternmost
of the two project watersheds that drain the majority of the Specific Plan
area. The total drainage area contains 3,012 acres to the southerly
property line. Runoff flows from the Big Mountain ridgeline southerly
and southwesterly to the entrance to Channel No. 2, located north of
State Highway 118 southeast of Moorpark College at the terminus of
Campus Park Drive.
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Strathearn Channel Watershed: The total drainage area contains 2,670
acres. Runoff flows from the Big Mountain ridge line southerly to the
entrance to the Strathearn Channel located west of Moorpark College.
Happy Camp Channel Watershed: Approximately 143 acres of the
extreme westerly portion of the project site are within the Happy Camp
Channel Watershed. This area represents approximately 1.7% of the
total watershed area, which is almost entirely in a natural condition.
Runoff from the area north of the Big Mountain ridge line flows westerly
and then southerly to the southwestern portion of the Specific Plan area.
The intercept point for this drainage is off -site. Runoff is intercepted
near the terminus of Campus Park Drive West, which is under the
jurisdiction of the Ventura County Flood Control District
Existing watersheds and drainage improvements are shown in Exhibit 19,
Pre - Development Drainage Conditions.
Existing Drainage Facilities
No. 2 Canyon Channel: Within the project site, the channel exists in a
natural condition. Approximately 2,000 feet southeast of the most
southerly project boundary has constructed channel improvements. The
most recent improvements occurred with the construction of State
Highway 118. These include a 14 -foot wide by 14 -foot high reinforced
concrete box within the highway improvements with a portion of the
original concrete trapezoidal channel still existing from the state
highway north for approximately 400 feet.
Strathearn Channel: The most northerly 915 feet of this channel,
identified as the Strathearn Canyon -Unit II, was constructed in 1989 as
a part of the improvements with Tract 3963 -3 in the City of Moorpark.
The channel was constructed as a 16 feet wide by 11 feet high concrete
rectangular open channel with a reinforced concrete box entrance
structure at the north end. The channel was designed for a 50 -year
storm flow of 1,791 cfs at the entrance and 3,031 cfs at the southerly
end.
Happy Camp Channel: Originally designed and constructed in the
1960s, the Happy Camp Channel exists as an open concrete trapezoidal
channel north of the state highway, with transitions to double box
PUBLIC SERVICES & FACILITIES
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N%Nt6 !Park,
Exhibit 19
PRE - DEVELOPMENT DRAINAGE CONDITION
104
Moorpark
=
0 125�ZS0o
College `
�� RCi6
Scale in feet
G camqq((��.
Proposed NQW
Mre�h�nga
s19-rr8
LEGEND
Project Boundary Watershed
Divide
g
m
Contours
of Equal Elevation
.1z
Exhibit 19
PRE - DEVELOPMENT DRAINAGE CONDITION
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- - 77 1, Drive =� 30.
'� es
Moorpark
College
Campus Road A
Road
Campus
Park Drive
Proposed New
Interchange
�1
S)9-118
LEGEND ITEM
\A� High Point and Direction of Flow
Storm Drains
Note:
All pipes are reinforced concrete pipe
18" min. size or as indicated otherwise.
Exhibit 20
CONCEPTUAL POST-DEVELOPMENT DRAINAGE CONDITION
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NORTH PARK VILLAGE & NATURE PRESERVE
PUBLIC SERVICES & FACILITIES
under - crossings where the channel crosses streets in existing developed
areas.
Hydrolo y
The drainage analysis for the project calculated flows within each of the
drainages based on current `pre - development' conditions. The goal in
designing the drainage system for the project is to maintain current
watersheds and limit drainage flows to their pre- development levels to
avoid impacts on downstream areas. The proposed drainage system is
described below and depicted in Exhibit 20, Post - Development Drainage
Conditions.
The Strathearn Canyon watershed consists of numerous narrow and deep
gullies traversing the project area. Drainage flows to six separate inlets
in addition to the Strathearn Channel entrance. It appears that this
drainage pattern cannot be maintained in the final development and
design. Therefore, one or more of the following conditions will have to
apply with respect to the Stratheam watershed:
Existing areas will have to drain to some of the inlets with
detention provided at virtually every inlet to offset any increase
in runoff; or
2. Some of the drainage areas may need to be diverted to the No.
2 Canyon watershed, and additional detention provided in that
watershed to offset any increase in runoff due to the diversion.
Although the No. 2 Canyon watershed has similar narrow and deep
gullies traversing the project area, there is only one concentrated
confluence and outlet at the southerly property line. Therefore,
alternative conveyance and routing of runoff for the post- development
condition is not a factor, as the watershed is tributary to one point rather
than several, as in the case of the Strathearn channel watershed.
The project drainage design for routing and conveyance of runoff will be
finalized as the project design proceeds. Internal grading plans, street
patterns, and final project land use will dictate the drainage system.
Planning area sizes and uses may also change, necessitating revisions in
the conceptual hydrology.
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PUBLIC SERVICES & FACILITIES
In many areas throughout the Specific Plan site, the natural drainage
courses of primary canyon features have been preserved where possible or
practical, and will be maintained in the final configuration. Within
graded and developed areas, it is anticipated that standard storm drains,
culverts, and other similar means will be used to convey runoff. Where
post development runoff is proposed to discharge or enter into natural
areas, potential erosion and sedimentation impact will be mitigated by
using energy dissipating designs and other approved methods pursuant to
the requirements of the city and Ventura County Flood Control District.
The following will be required of the project with respect to storm
drainage:
Drainage Plan:
The Project Applicant shall be responsible for the development of a
Drainage Master Plan that ensures detention of runoff as calculated by a
preliminary drainage report. Detention basins shall be constructed by
the Project Applicant to the satisfaction of the City Engineer. The goal
of this planning effort is that project - generated runoff will discharge into
the Strathearn and Canyon No. 2 channels at rates that do not impact
downstream areas.
Storm Water Runoff Plan:
The Project Applicant will design and install a Storm Water Runoff
Management System to protect water quality to the satisfaction of the
City Engineer.
Construct Drainage System:
The Project Applicant will incrementally dedicate and /or construct the
drainage system for each development increment as required by the
subdivision map.
Flood Protection Zones
The Stratheam and No. 2 Canyon watersheds are in the unincorporated
areas of the County and no flood insurance studies have been conducted
in the project area. However, it is recognized that flood hazard exists
within each of the gullies. Any portion of the development proposed to
be located adjacent to a gully will need to be reviewed for flood and
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PUBLIC SERVICES & FACILITIES
erosion hazards, and the need for protective measures will be dictated by
the situation.
The Happy Camp Channel west of the project site is located within
Insurance Zone A. Zone A defines areas of 100 -year flood; base flood
elevations and flood hazard factors have not been determined. Any
modifications made to this channel within the flood conveyance area
may require FEMA approval.
3.2.5 Solid Waste Disposal
The project will generate approximately 3,000 tons of solid waste per
year, upon build out. This waste would be disposed of in the Simi Valley
landfill which currently serves the City of Moorpark.
In order to comply with county and state mandated requirements for the
reduction of solid waste, the project will incorporate several features or
plans. The Specific Plan incorporates the following to reduce solid waste
disposal requirements as much as possible:
1. Comply with the provisions of the City of Moorpark's weekly
solid waste collection program.
2. Comply with the provisions of the City of Moorpark's recycling
programs including paper, plastic, glass, metal and yard waste.
3. Comply with the provisions of the City of Moorpark's used
motor oil recycling and hazardous waste programs.
4. Where feasible, use recycled building materials (such as fences,
wheel block, benches, roofing, and siding materials) in
commercial and public facilities buildings.
5. Provide educational materials to each new resident and to
schools demonstrating recycling and the composting of
landscape materials.
6. Construct residences with built -in recycling and trash
separation areas.
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3.2.6 Utilities
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
Purveyors of utilities for the Specific Plan site are as follows:
• Electrical service: Southern California Edison Company
• Gas service: Southern California Gas Company
• Phone service: Pacific Bell
• Cable television service: To be determined
The extension of current utility systems to the project site is expected to
be a routine matter. The Project Applicant will dedicate, construct, or
provide assurance for utility extensions with each subdivision map
increment.
Public utilities that are generally found adjacent to the street, such as:
fire hydrants, utility company boxes, sprinkler and traffic control boxes,
etc. will be designed with regard to their aesthetic appeal, their
contribution to the overall community design or screened from public
view. Because utilities are generally placed for ease of maintenance,
service access and service longevity, they can be intrusive if not properly
planned. Techniques to reduce the adverse aesthetic impacts of these
utilities will be considered, such as: landscape screening and
undergrounding where possible.
All buildings constructed in the project will be required to meet the
State Energy Conservation Standards for New Residential and
Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of
Regulations) in order to minimize energy consumption in the project.
PUBLIC SERVICES & FACILITIES
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Nor(6 Par
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DESIGN GUIDELINES
Vejoin C7uidefinejo
4.1. Introduction
4.2. Community
Character
4.3. Landscape Concept
4.4. Architecture
4.5. Site Planning
4.6. Grading Design
4.7. Design Review
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DESIGN GUIDELINES
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DESIGN GUIDELINES
4. DESIGN GUIDELINES
4.1. INTRODUCTION
This chapter builds and expands upon the Conceptual Community
Design concepts identified in Chapter 2, focusing on designs for the
finished environment within the natural setting of North Park.
4. 1.1 Design Philosophy
North Park is envisioned as a premier master planned community in the
City of Moorpark. It will integrate a diversity of land uses with
thoughtful planning and design. Implementation of these Design
Guidelines will ensure that the North Park reflects the following design
goals:
• Integrate and blend with interesting natural landforms
into a visually attractive community.
• Maximize use of the significant open space, parks and
nature preserve system that encompasses over 75% of the
planning area.
• Complement existing development within the City of
Moorpark, and maintain compatibility with the
surrounding natural environment.
• Establish low densities overall in order to avoid potential
visual impacts on adjacent properties by preserving the
ridgeline backdrop for the project while maximizing scenic
views for North Park residents.
• Develop a high quality /cohesive design concept that
creates a strong community image for North Park.
• Draw upon historical elements of the region to establish
the overall community design.
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DESIGN GUIDELINES
4.1.2 Purpose of Design Guidelines
Design Guidelines integrate appropriate planning, architectural, and
landscape elements within the overall community and guide the City of
Moorpark and builders in the design and construction of the various
components of the community. The intent of the guidelines is to allow
each neighborhood in North Park to establish an individual identity, yet
blend in with the overall community.
4.2. COMMUNITY CHARACTER
The setting for North Park provides a unique opportunity to create a
community that reflects the natural character of the site, defined by
careful integration of the natural assets of the landscape (such as rolling
hills, arroyos and oak woodlands) into the community design. The
theme is meant to be a simple, yet strong statement, which identifies the
community with early California Heritage. The design character of the
plan also draws from rural development patterns, consistent with earlier
times.
The community character will be expressed through a combination of
thematic elements for the non - residential components of the project,
the landscape treatment of arterial and collector roads, and consistent
designs for major entry- points as well as plants and hedges to buffer and
protect neighborhoods.
4.3. LANDSCAPE CONCEPT
The North Park landscape concept seeks to unify the diverse elements
that comprise this community within a consistent landscape framework.
The concept includes the use of drought tolerant and indigenous,
naturalized plant materials. Species tolerant of irrigation with recycled
water will also be preferred. The overall landscape concept also covers
hardscape features, such as decorative walls, signs and monuments.
The landscape theme has been drawn from the surrounding region, as
well as the existing landscape on -site. The riparian plant community
found in the arroyos will be used or reintroduced to accentuate this
unique environment.
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Careful attention has been given to the types of plant materials to be
used within the project. The primary goal is to incorporate species that
are already well established in the Moorpark area including a variety of
traditional trees and shrubs historically found in the area. In addition,
species that have naturalized to the region will also be used to assimilate
the development into its natural setting. The proposed plant species
have been carefully evaluated with respect to compatibility with local
soils, the micro and macroclimates, their ability to merge into the
existing natural environment, drought tolerance and the ability to
tolerate recycled water irrigation. A list of "Aggressively Invasive"
ornamental plants has been identified in the Prohibited Ornamental
Plant List in Appendix B, these plants will not be permitted in the
North Park Landscaping Plan.
Although the assimilation of the project into the natural landscape is an
important design goal, protection from wildfire hazard is also a
significant landscape issue. Perimeter landscape will include areas of
fuel modification to establish and maintain low fuel levels adjacent to
development. Plant materials installed in these areas will be species
appropriate to a "fire resistive" landscape.
The landscape concept for North Park is organized by planting zones as
shown on the Master Landscape Concept Plan, Exhibit 21 and as defined
below:
• Major Entry Planting: Evergreen and Oak trees under -
planted with sweeping drifts of recycled water and drought
tolerant indigenous flowering plants materials.
• Minor Entry Planting: Flowering canopy trees and drought
tolerant indigenous flowering plant materials.
• Major Parkway Planting: A mix of accent and evergreen
trees informally spaced with intermittent masses of
drought and recycled water tolerant flowering accent
shrubs and groundcover at the neighborhood entries.
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• Parkway Planting: Deciduous and evergreen accent trees
formally lining the parkways and under - planted with
sweeping masses of recycled water tolerant flowering plant
materials.
• Entry Cottage Planting: Vertical evergreen and Oak trees
under - planted with drought and recycled water tolerant
flowering plant materials.
• Accent Planting: Flowering trees and drought and recycled
water tolerant flowering shrubs and groundcover used as a
visual terminus to the parkways.
• Park Planting: High- branched evergreen and deciduous
trees planted in masses and drifts in order to provide
shade, while allowing for visual access. Turf used as
groundcover in order to provide a play surface, picnic areas
and some with lake -edge sunning
• School / Day Care Planting: High- branched evergreen and
deciduous trees planted in masses and drifts in order to
provide shade, while allowing for visual access. Turf used
as groundcover in order to provide a play surface.
• Lake Edge Planting: A mix of willows and evergreen trees
planted in masses and drifts with intermittent masses of
indigenous drought tolerant flowering shrubs, plant
materials. Turf is used as groundcover to provide areas for
sunning and picnics.
• Neighborhood Center Planting: High- branched evergreen
and deciduous trees planted in masses and drifts in order
to provide shade, while allowing for visual access. Broad -
headed canopy trees planted in the parking areas to
provide shade and heat protection from the hard surfaces.
Flowering accent trees at the Center Entry and indigenous
drought and recycled water tolerant plant materials used
in planters along the building sides. Turf used as
groundcover in the lake oriented courtyard area to provide
a lounging surface.
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NEW% 02
Norf6 Park
c
l
NATURE PRESERVE
Collins
Drive
Moorpark
College
Campus
Road
Campus
� Park Drive
S
R >r8
LEGEND
Major Entry Planting
TTTO "` III Minor Entry Planting
Major Parkway Planting
Village Parkway Planting
A
Proposed New
Interchange
Entry Cottage Planting Lake Edge Natural Open Space
IIIIUIIII Accent Planting Commercial Planting Naturalized Planting
Park Planting Development Area Planting
�Afllllll SchoodDaycare Planting ' % Fuel Modification Limits
Exhibit 21
MASTER LANDSCAPE CONCEPT PLAN
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Planting for Residential Areas and Public Spaces: Plantings
within the neighborhood areas and community sites shall
blend with the building architecture in order to reinforce
the character of each individual site. The open space/
development edge planting shall use planting materials
suited for and blending with the Fuel Modification Zone.
• Fuel Modification Zone: The actual location is to be
determined following the plotting of the buildings as a
part of the precise plan submittals. Plant materials shall
consist of low -fuel shrubs, trees and groundcover as
determined by the County Fire Department.
Naturalized Planting: Native and naturalized evergreen
shrubs and Oak trees used to blend the disturbed areas or
slopes with the natural open spaces.
• Natural Open Space: Left natural.
These zones are linked together by landscaped corridors along primary
roadways and in the open space areas. Each of the major components of
the Landscape Concept is illustrated below:
4.3.1 Major Roads
The major roads within the community will connect the developed areas
and open space /recreational areas. Some roads will have walkways
separated from the street by landscaping at the street edge.
By incorporating a combination of tall vertical trees and large canopy
trees in the landscaped areas adjoining the road, a park -like setting will
be created. The primary trees will be included in large masses of
informal groupings and will be complemented by oaks and pines.
Strategically placed plant material will be used to frame views to the
adjacent hillsides, arroyos, and lake. Roadways will be similar to the
more established parkways reminiscent of California communities of the
past.
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4.3.2 Community Entry Features & Significant Intersections
These areas will provide an introduction to and the first impression of
North Park. Therefore, they will be important elements of the overall
landscape plan. Special plant materials will be used to denote each of
these areas.
Tall vertical trees, visible from a distance, will identify key areas of
interest throughout the community. Large masses of colorful trees and
shrubs will be used as accents to highlight these special areas. The
primary plant material in these locations will include sycamores, cedars,
poplars, and pines.
4.3.3 Residential Areas
There are several distinct residential neighborhoods. Each will have its
own identity created by lot size, architecture, housing mix, amenities,
and location within the community. The landscape concept for each
neighborhood area will be an extension and refinement of the Master
Landscape Concept, but will also have unique characteristics that define
the neighborhood and make it distinctive.
4.3.4 Open Space Linkages
Open space areas will be developed to encourage walking and hiking
throughout the community, see the Community Trails Plan Exhibit 22.
The proposed community layout preserves the character of the natural
landscape to a considerable degree. Revegetation techniques will be
used to restore many of the disturbed areas and to improve the natural
habitat. The primary plant materials used in these areas will include
oaks, maples, alders, ash, sycamores and cottonwood.
4.3.5 Parks & Recreation Facilities
These facilities will play a pivotal role in the open space system and in
creating the character of the community. Parks and recreation facilities
will be widely used by residents of the City of Moorpark and are key
DESIGN GUIDELINES
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Norf6 ?Park
r:
E Street '.1 1,
1 s
I
Collins
Drive
Moorpark
College
Campus
Road
11 Campus
(l Park Drive
Q Round About
Neighborhood
Entry Cottage
On- Street Class H
Bike Path
Exhibit 22
COMMUNITYTRAILS PLAN
120
Road A
Proposed New
Interchange
ZPedestrian Trail
NORTH
0 1250 2500
Scale in feet
LZLake Edge Pedestran/
Bike Trail
zPublic Hiking Trail /Bike Path •• Paseo
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features in the landscape. Historical plant materials such as oaks and
sycamores may be used to develop a united character for these locations.
Distinguishing, large- scaled plant materials, along with distinctive
architecture, will create strong community landmarks that will increase
in character over time as plant materials mature.
4.3.6 School
The school site is located adjacent to the Community Park in order to
maximize use of the recreation areas. Although some separation is
needed, these facilities should complement each other and the
surrounding land uses. The same type of plant materials used at park
sites should be used in the combined site (e.g., sycamores and oaks).
4.3.7 Walls and Fences
In addition to providing screening, sound attenuation, security, and
containment, walls and fences located throughout North Park will serve
as an important component of the community design theme. The
character of the walls and fences will be consistent with the overall
design theme (providing a sense of heritage reminiscent of early
California). Materials will vary somewhat depending on the function of
wall. Landscaping such as trees, shrubs or vines should be used to soften
the appearance of the walls.
Rural "equestrian style" Theme Fence
The Rural Theme Fence is a five -foot high fence that consists of three
wooden, or composite material horizontal rails, attached to wood or
composite material vertical four -inch by four -inch decoratively capped
posts, spaced every eight feet and located at all intersecting property line
corners. This fence is reminiscent of the early California equestrian
ranch fences (Exhibit 23a).
Cornmuniry Wall
The Community wall is a six -foot high wall made of a lightly colored
split -faced or other decorative concrete block on both sides. The street
side can be used for vegetation anchoring. The pilasters are split faced
or other decorative concrete block spaced at a maximum of twenty-foot
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intervals, having a beveled concrete cap, with a pilaster located at every
intersecting property line. The pilasters that are visible from the public
streets are covered in a manufactured stone veneer (Exhibit 23b).
Open Theme / View Wall
The Open Theme or View wall is a six -foot high wall consisting of a
lightly colored split -faced or other decorative concrete block, beveled
concrete capped pilaster at each intersecting property line, and a low
two -foot high split -faced block wall, both sides, running horizontally
between the pilasters. The wall is filled in with an open wrought iron
fencing or clear non -glare "lexan" type panel (Exhibit 23b).
SolidlSound Wall
The Solid /Sound wall, where required, is a six -foot high wall used to
mitigate adverse noise impacts on the residential units. The wall is
made of a lightly colored split -faced or other decorative concrete block
on both sides. The street side can be used for vegetation anchoring. The
pilasters are split faced or other decorative concrete block spaced at a
maximum of twenty -foot intervals, having a beveled concrete cap, with a
pilaster located at every intersecting property line. The pilasters that are
visible from the public streets are covered in a manufactured stone
veneer (Exhibit 23b).
Solid Slope Wall
The Solid Slope wall is a six -foot high wall made of a lightly colored
split -faced or other decorative concrete block on both sides and steps up
or down as needed. The top of the wall is stepped down using a forty -five
degree angle. The street side can be used for vegetation anchoring. The
pilasters are split faced or other decorative concrete block spaced at a
maximum of twenty -foot intervals, having a beveled concrete cap, with a
pilaster located at every intersecting property line. The pilasters that are
visible from the public streets are covered in a manufactured stone
veneer (Exhibit 23a).
See Exhibits 23a and 23b for elevations of the various community wall
and fence designs.
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in
Rural "Equestrian Style" Theme Fence
Wood or approved alternative material.
North Park Ordinance
Locate Posts
at All Corners and at
Intersecting Lot Lines 8' o:c--- —
Typical
Step Wall at Pilaster 16 -24" sq. Pilaster at Each
Wall Ste Intersecting Lot Line
Step ( 8' ) Major
Wall Step
Solid SlopeWall
Split -faced concrete block, both sides with
split -faced concrete block pilaster.
Exhibit 23a
COMMUNITYWALLSAND FENCES
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Norf4 Park
Locate Pilaster at Each
Intersecting Lot Line
Pilasters Visible from the Street
are covered in a Manufactured Stone Veneer
Community Wall (SolidWall)
Split -faced concrete block, both sides, street side can be used
as a vegetation anchor. Split -faced block pilaster with beveled concrete cap
Locate Pilaster at Each
Intersecting Lot Line
Solid / SoundWall
Split -faced concrete block, both sides. Split -faced concrete block
pilaster with beveled concrete cap.
iv
Open Theme View Wall
Wrought iron fence, or clear non -glare "Lexon" type panel
with split -faced block pilaster and split -faced block low wall, both sides.
Locate Pilaster at Each
Intersecting Lot Line
Exhibit 23b
COMMUNITYWALLSAND FENCES
124
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0
in
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4.3.8 Entries
The Community Entry provides an introduction to, and first impression
of, North Park. It is also a key element of the overall landscape concept.
As previously noted, tall vertical trees visible from a distance will
identify key areas of interest, including the Community Entry. The
primary plant materials will include sycamores, cedars, poplars, and
pines. The location of the Community Entry is identified on Exhibit 21
the Master Landscape Concept Plan.
The design for the entry will reflect the rural, California Heritage
theme. Slopes adjacent to the arterial will be contour graded to enhance
the existing natural landforms. Community monumentation will use
Pilasters, walls, and fencing materials compatible with those used for the
community walls and fences found along the community roads; when
practical, natural materials such as stone and wood shall be utilized.
Neighborhood entrances from arterial streets will have a similar
treatment to the community entry but at a smaller scale as depicted in,
Exhibit 24. The specific design of entries will be reviewed with future
development submittals, when more detailed landscape plans are
submitted.
125
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4.4. ARCHITECTURE
Architecture is a critical component to the appearance of the North
Park finished environment. The goal of these design guidelines is to
provide general design criteria and guidance. The guidelines do not
propose rigid adherence to a single or limited number of styles. Rather,
the goal is to promote both visual compatibility and variety in a
community setting achieved by utilizing a variety of compatible styles
through architectural innovation.
The architectural styles chosen are closely associated and have evolved
in California over many decades. Their popularity has an inherent
attractiveness, informality and sense of elegance that has enabled these
styles to remain popular over a long period of time. The design criteria
and architectural styles are not intended to be restrictive, but are meant
to assist in the design, processing and implementation of a higher level
of design direction and quality. The application of the details and
character of the architectural styles should be as authentic as possible.
Plotting and massing of the homes is intended to provide a variety in
appearance as well as a sense of individuality for each detached single
family home. Neighborhoods where nearly identical buildings line the
street without variation in architectural form and placement are
discouraged.
4.4.1 Architectural Themes
Homes within each neighborhood are expected to express their own
individual character reflecting the influence of the selected styles of
architecture, while maintaining compatibility with the overall
community character. A variety of architectural themes or styles will be
used to create a community that looks as if it has been developed over
time, rather than all at once.
Several architectural styles are suggested as models for development at
North Park. Each style includes ideas from which a contemporary
version may be derived. The selected styles are intended to provide
direction to the architect, while allowing latitude in the interpretation
of the style through use of the style elements listed. The styles
represented are not intended to be prescriptive, but are intended to
provide inspiration and encouragement. Contemporary versions of these
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styles may appear different from the sketch examples shown. However,
contemporary interpretations should use most of the style elements
illustrated to create buildings that contain sufficient characteristics so
that the chosen style is evident.
The list below identifies appropriate architectural styles that are derived
from the historical styles of early California. The historical basis for
these styles should not be interpreted as a mandate to create an exact
replica. The styles include specific design characteristics that should be
selected from to design a contemporary building.
• Craftsman
• Monterey
• European Cottage
• European Estate
• Italianate
• Spanish Revival
• Old Santa Barbara
• California Ranch
The design guidelines contained in this specific plan are supplemented
by a more detailed guidelines contained in the North Park Design
Program, adopted concurrently with the specific plan.
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4.4.2 Residential Architectural Styles
Craftsman
The Craftsman style was inspired by the English Arts and Crafts
Movement of the late 19th century. The style stressed the importance of
insuring that all exterior and interior elements receive both tasteful and
"artful" attention. The resulting Craftsman style responded with
extensive built -in elements and by treating details such as windows or
ceilings as if they were furniture. The overall affect was the creation of a
natural, warm and livable home.
Craftsman House
The style is further characterized by the rustic texture of the building
materials; broad overhangs with exposed rafter tails at the eaves and
trellises over the porches. In Southern California, the Craftsman style
grew out of Bungalows that were the production home of the time. This
type of architecture can be found in the classic tree -lined neighborhoods
of many Southern California cities. This unique predominant look
promotes hand crafted quality; thus the name Craftsman. The design
characteristics and elements as illustrated in the section below provide
essentials for massing, scale and proportion, and building materials for
understanding this particular style.
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Monterey
The Monterey style is a component of Mediterranean and the original
Spanish -adobe construction methods. As used in these guidelines, it
refers to a version of the California Adobe style that evolved in the
1920s and 1930s based on the basic two -story New England Colonial
period. Prior to this innovation in Monterey, all Spanish colonial houses
in California were of single story construction.
Monterey House
The style was popularized by the use of simple building forms, the
introduction of wood framing and the addition of second stories. Roofs
featured gables or hips with broad overhangs, often with exposed rafter
tails. Shutters, balconies, verandas and porches are an integral part of
the Monterey character. The design characteristics and elements as
illustrated in the sketch below provide essentials for massing, scale and
proportion, and building materials for understanding this particular
style.
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European cottage
The European Cottage is a style that evolved out of the Medieval Tudor
and Norman architecture. The evolving character that resulted in the
English "cottage look" became extremely popular when the addition of
stone and brick veneer details were added in the 1920s.
Although the cottage is looked upon as small and not costly, the style
was quickly recognized as one of the most popular in America. Designs
for the homes typically reflected the rural setting that they evolved in.
European Cottage House
Roof pitches for these homes are steeper than traditional homes, and are
comprised of gables, hips and half -hip roof forms. The primary material
is stucco with heavy use of stone and brick bases, veneers and tower
elements. Some of the most recognizable features for this style are the
stucco accents in gable end forms and the sculptured swooping walls at
the front elevation. The design characteristics and elements as
illustrated in the sketch below provide the essentials for massing, scale
and proportion, building materials, and details for understanding this
style.
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European estate
The European Estate or Revival style is a picturesque style defined from
medieval English prototypes. The elements in design of steeply pitched
roofs and gables blossomed in the American Eclectic expressions in the
1920s & 1930s. Many of these homes have provided a strong influence
in older communities.
European Estate House
The overall shapes and forms contain endless variations of one and two
story asymmetrical facades. Relatively uncommon at the turn of the
century, this style expanded in popularity with the widespread evolution
of brick and stone veneering techniques. Moreover, the period detailing
allowed homes to appear real and not simulated.
It is the use of brick and stone materials, often mixed, which embellishes
this specific architecture. The design characteristics and elements as
illustrated in the sketch below provide essentials for massing, scale and
proportion, and building materials, for understanding this particular
style.
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Italianate
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The Italianate style began as part of the picturesque movement, with its
asymmetry, a shift away from a strict classical direction in art and
architecture. As described by Andrew Jackson Downing in 1841, "the
irregularity in the masses of the edifice and the shape of the roof'
rendered "the sky outline of a building in this style extremely
picturesque." Old World prototypes were refined, adapted and
embellished, evolving into a classic revival period style.
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P.
Italianate House
Although the new period style generated less formality, traditional
classical elements such as the symmetrical facade returned, while still
using squared tower entry forms, arched windows, quoined corners and
bracketed eaves persisted as the enduring traits of this style. When cast
iron became a popular building material, it became a part of the
Italianate vocabulary, embellishing homes with a variety of designs for
porches, balconies, railings and fences. The design characteristics and
elements as illustrated in the sketch below provide the essentials of
massing, scale and proportion, and building materials for understanding
the principal concepts for this style.
DESIGN GUIDELINES
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Spanish revival
Spanish Revival style is a culmination of Spanish styles brought to a
sophisticated level of interpretation in the early 1900s. Borrowing
elements of detailing from Moorish, Byzantine and Renaissance
architecture in Spain, Spanish Revival includes massing with the use of
ornate classical elements and details at entries, arcades, windows and
balconies. Although the building mass remained simple, the style
exemplified sophisticated fine classical detailing. The design
characteristics and elements as illustrated in the sketch below provide
the essentials for massing, scale and proportion, building materials, and
details for understanding the primary concepts for this style.
Spanish Revival House
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Old Santa Barbara
Old Santa Barbara is an adaptation of Mission Revival enriched with
additional details and elements. The style attained widespread
popularity after the introduction of related, more sophisticated Spanish
styles.
The simple courtyards of the Spanish Colonial heritage with hanging
pots, a flowering garden and sprawling shade trees are typical foreground
design elements. Further architectural distinction was established
through the use of tile roofs, stucco walls, heavily textured wooden doors
and highlighted ornamental ironwork.
Key features of this style reflect the Southern California locale.
Buildings are often informally organized around a courtyard with the
front elevation very simply articulated and detailed. The charm of this
style lies in the directness, adaptability and contrast of materials and
textures. The design characteristics and elements as illustrated in the
sketch below provide essentials for massing, scale and proportion, and
building materials for understanding this particular style.
Old Santa Barbara House
DESIGN GUIDELINES
135
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DESIGN GUIDELINES
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136
California Ranch
The California Ranch style is derived from the Mediterranean,
Bungalow, and 1940's Ranch styles. It consists of one and two stories
with hip and gable roofs. Roof pitches vary from 4:12 to 5:12 with
moderate roof overhangs. Indoor - outdoor relationships are important;
and accentuated by such elements as large areas of glass, sheltered
porches, greenhouse rooms and corner windows. Exposed beam ends and
deep fascias are used with columns and piers to create strong shadow
patterns. Private gardens, patios and pot shelves are typical.
Stucco and wood siding are predominate wall materials with the
occasional use of shingles. Roofs are of wood, asphalt shakes, or concrete
tile. Light browns, beiges and off- whites are the typical colors, with
brighter accent colors used for trim.
California Ranch House
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4.4.3 Non - residential Architectural Style
Non - residential buildings in North Park include the neighborhood
center, the school, park and recreation buildings, and community
facilities (such as day -care, etc.) should be designed using a consistent
"community architecture" style.
The anticipated community architecture style is Old Santa Barbara as
identified in the preceding residential architecture section. Public
buildings in this style should blend with the residential community with
domestic scale and detailing while retaining their identity as "public"
buildings as illustrated in the following conceptual sketch.
The Neighborhood Center should create a strong neighborhood and
community identity through its architectural style and design. This
should be accomplished by use of building forms consistent with
residential scale and the Old Santa Barbara style, and evoke a traditional
appearance of having been built over time.
Open areas will be created in larger non - residential projects to; a)
provide separation between cars and people; b) enhance outdoor activity;
and, c) provide identity for shops and stores independent of building
design. Courtyards and plazas should be used to create transition areas
and paths between internal and external spaces, and encourage outdoor
activities such as sidewalk cafes, kiosks, and similar uses. Familiar
elements such as street lamps, park benches, ponds, fountains, and
sculpture will be used to enhance the public space experience.
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4.4.4 Architectural Components
Building Massing & Scale
Overall Massing
• The overall massing of each building should be organized
as a whole unit. It should not appear as a mixture of
unrelated forms. Both single -story and two -story
structures may be provided. Two -story homes on corner
lots will have additional setbacks from the street sides to
the second story in order to add visual interest and human
scale.
Plate Lines
• Single story plate lines should be incorporated along some
front yards to provide for reduced scale along the street. A
single story plate line is encouraged on the rear elevation
allowing for greater light and air penetration in the rear
yard.
• Second story plate lines should be setback from first story
elevations to effectively break up building mass and
increase the perceived front yard setback, where practical.
The following Plate Line Sketch has been included to
further illustrate this point.
Second Story Setback
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PLATE LINES
138
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t
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Second Story Plate Line
ZSingle Story Plate Line
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View Windows
• Primary second story view windows should be oriented to
the front and rear of the home to minimize views into
adjacent rear and side yards. Second story windows that
are oriented toward adjacent side yards should not line up
with the side windows of the home next door.
Detailing
Gutters
• Gutters and downspouts must be concealed unless designed
as continuous architectural features. Copper gutters and
down spouts are permitted. Down spouts in commercial
areas will be internalized within the structure.
• Exposed gutters (other than copper), used as an
architectural feature, are to be colored to match the
surface to which they are attached. All gutters and down
spouts will be connected to a yard storm drain system.
Chimneys
The maximum height to the top of the spark arrester
should be four feet above the adjacent roof ridgeline, yet
at no time shall it be lower than the required California
Building Code of 2- in -10. Chimney caps should be
painted and designed to complement the major
architectural elements of the house and should screen the
spark arrester.
Skylights /Solar Panels
• Skylights are permitted but must be designed as an integral
part of the roof. Skylight glazing should be clear, solar
bronze, or white. Reflective glazing is prohibited.
Skylight framing material should be anodized bronze or
colored to match the roof. Exposed bare metal framing is
prohibited.
• Solar panels are not permitted on the front elevation of
dwelling units, unless integral to the roof materials.
Panels must be screened from a public street view.
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Flashing & Sheet Metal
• All roof flashing and sheet metal will be colored to match
the roof.
Appurtenant Structures
• All appurtenant structures (balconies, trellises, patio
covers, sunshades, awnings, gazebos and similar) will be
designed to be consistent with the primary structure.
Trash Containers
• Trash containers will be screened from the view of
neighbors and the street. Enclosures for trash containers
cannot be located in the front yard setback.
Recycling Bins
• Recycling bins should be provided within the garage or
pantry of each dwelling unit and will be consistent with
the City of Moorpark Municipal Code requirements for
such containers.
Exterior Lighting
• Exterior lighting on any structure should be generally
aimed downward and shaded by opaque cut -off shields.
The light source should not be visible from another home
or public area.
Vents
• All vent stacks and pipes should be colored to match the
adjacent roof or wall material. Vent stacks should be
grouped on the side or rear of roofs and should not extend
above the roof ridgeline. Vents are not permitted on the
roof on the front elevation of the house.
Antennas
• Any television, any radio, or citizen band (CB) antenna,
satellite dish, or other similar electronic receiving or
broadcasting device on the exterior of any house is limited
to no more than 24 inches in diameter in linear
dimension.
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Walls & Fences
• Long perimeter walls shall include areas of visual
penetration and landscaped recesses to break -up the linear
appearance. View fencing should be provided along areas
where public or private views orient toward open space.
• Walls should not exceed six feet in height. Retaining
walls should not exceed four feet in height unless
landscaped and stepped. Walls of greater height are
permissible in response to topographic conditions or noise
mitigation.
• Where retaining walls are located next to a sidewalk or
bike path, and there is potential for seepage, a planting
area should be located at the base of the wall. The
planting area should be wide enough to absorb the
potential seepage.
4.5. SITE PLANNING
4.5.1 Setbacks
• Varied front yard setbacks should be used, wherever
possible, to provide visual interest to the street scene.
• Buildings should be arranged in a staggered and variable
setback fashion to provide visual interest, allow views
between adjacent buildings, and avoid a repetitive
appearance. Rear setbacks for all structures facing public
arterial highways should be perceptively varied.
• Side yard setbacks should also be varied, where practical.
Increased side yard separation is encouraged to allow pass -
though views and create view corridors.
4.5.2 Floor Plans
• Floor plans should be varied and reversed to avoid
monotonous elevations. The overall street scene should
be arranged to ensure that identical units do not align
directly across the street or adjacent to each other.
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4.5.3 Massing
Where one -story units occur, they should be situated
between two -story units to maximize their low mass effect
on the street scene. Two -story architectural elements
should be varied between placement in the front of the lot
and to the rear of the lot, as viewed from interior streets
and adjacent major roads.
4.5.4 Mechanical Equipment
All mechanical equipment should be ground mounted and
screened from view by walls or fences similar in design to
the building architecture or by plant material adequate in
size to provide proper screening.
4.5.5 General
• A combination of side - entering, front - entering, detached
and rear -yard attached garages are encouraged to promote
variety in street frontage. Driveway location should be
varied, and curvilinear streets should be used to reflect the
natural landforms and to emphasize changes in the street
scene.
The siting and design of structures and landscaping should
ensure that they blend into the terrain and do not
dominate the landform as seen from lower elevations.
• In areas adjacent to natural open space, the location of
structures and fencing in rear yards should be restricted to
prevent the placement of structures or fences on down
slopes in areas adjacent to natural open space.
Landscaping adjacent to natural open space should
sensitively transition from natural to ornamental
vegetation.
4.5.6 Views
• Street views into open space should be maintained to
enhance the street scene and lower the apparent density of
development.
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• Development edges between natural open space and
improved recreation areas should maximize view potential
and allow ready access between these areas. The following
view sketches have been included to further illustrate this
concept.
PRESERVE
VIEW
HIGH HEAD
TREES
LOW SHRUBS
{, at TOP of
SLOPE
PRESERVE DESIRABLE VIEW
TO PRESERVE VIEWS
PLANT HIGH BRANCHING
TREES at the TOP of SLOPE
and DENSE SHRUBBERY
below the TOP of SLOPE
VIEW CORRIDOR
BLOCK UNDESIRABLE VIEW
VIEW CORRIDOR
for LOT ABOVE
VIEW CONSIDERATIONS
DESIGN GUIDELINES
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• Project entries should be punctuated by a strong open view
of significant green space, wherever possible, and
preferably relate directly to a common recreation facility.
4.5.7 Parking
The following guidelines apply primarily to Neighborhood Center and
public and quasi - public use parking lot areas:
Off- street parking facilities should be designed so that a
car within a facility will not have to enter a street to move
from one location to any other location within the same
parking facility.
Common parking facilities should be constructed in such a
manner so that any vehicle on the property will be able to
maneuver and exit from the property by traveling in a
forward direction.
INSTEAD of USING I' I
PRE -CAST CONCRETE WHEEL
STOPS, EXTEND the PLANTER AREA
and USE the CURS as a WHEEL STOP WHEEL STOP DETAIL
• Curbs or raised planters should be provided in all parking
lot areas abutting a sidewalk, street, building or alley so
that car bumpers do not overhang the travel way or strike
the building as illustrated in the following conceptual
sketch.
• Common or group parking areas should be designed so that
pedestrians walk parallel to moving cars. Designs should
144 minimize the need for pedestrians to cross parking aisles.
The parking area should be designed in a manner that
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links it to the building and street sidewalk system as an
extension of the pedestrian environment. This can be
accomplished by using design features such as walkways
with enhanced paving, trellis structures, and /or
landscaping treatments.
• Service structures should be located as much as possible to
the rear of buildings.
• Parking courts should be treated as "landscape plazas" with
attention to softened edges, shade, articulated pedestrian
paths vehicular circulation and hardscape surfaces.
• Pedestrian and vehicular entrances should be clearly
identified and easily accessible to minimize pedestrian/
vehicle conflict. Pedestrian and automobile circulation
should be clearly defined. Special paving at parking court
entries and end -cap landscaping planters should be used as
conceptually shown in the following sketch and landscape
nodes between parking stalls is encouraged to soften the
streetscape.
• When parking is located adjacent to a public street, a
combination of landscaped berms and /or planting should
be used to screen views of parked cars.
PROVIDE PLANTERS at the end of
PARKING PLANTERS
DESIGN GUIDELINES
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4.6. GRADING DESIGN
Grading design is addressed in Section 2.2 of this Specific plan.
4.7. DESIGN REVIEW PROCESS
A two -step Design Review process is required for approval of plans
within North Park: Conceptual and Final. Design Review applications
may be processed concurrently with any other required permits, such as
Planned Development Permits, Conditional Use Permits, Tentative
Tract or Parcel Maps. The design review process is required for all
privately -owned projects in North Park.
4.7.1 Conceptual Plan
At the time of development for the first planning unit and /or
development area, a Conceptual Design shall be submitted to the City
Department of Community Development for the entire development
increment. Information to be included in the submittal shall be
established by the City. Subsequent development phases may be
reviewed as independent submittals.
4.7.2 Final Plans
Following conceptual design approval, the applicant shall then submit a
final design plan package consistent with the conceptual approval. All
construction documents and improvements shall be consistent with the
approved final design plans.
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DEVELOPMENT REGULATIONS
Deve-lopmed �ZTufafionjf
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DEVELOPMENT REGULATIONS
S. DEVELOPMENT REGULATIONS
Chapter 5 is written in the format of Title 17 Zoning of the City of
Moorpark Municipal Code as it is intended to be incorporated as
Chapter 17.70 of that ordinance upon adoption.
An ordinance of the city of Moorpark, California is enacted, adopting
development standards for Specific Plan 2001 -01; amending the zoning
map of the city of Moorpark to reflect the Specific Plan Zoning and the
land use designations contained within the Specific Plan; and amending
Title 17, Zoning, of the Municipal Code of the City of Moorpark to place
such regulations as chapter 17.70 within said code as follows:
17.70.010 Purpose and Intent
The development standards or regulations contained herein have been
established to provide criteria for the development of the planning areas
within Specific Plan 2001 -01 and are intended to be adopted as a new
chapter in Title 17, Zoning, of the City of Moorpark Municipal Code.
Implementation of the regulations set forth in this chapter is intended to
ensure that all development is coordinated and consistent with the goals
and policies of the City's General Plan.
The following regulations provide for the arrangement, development and
use of residential, community center, public and community service
facilities, park and recreation, open space and nature preserve zoned
areas within the Specific Plan area, while ensuring substantial
compliance with the intent and provisions of the City's General Plan
and ordinances. Application of these regulations is intended to
encourage the most appropriate use of the land, create a harmonious
relationship among land uses and protect the health, safety and general
welfare of the community.
Certain development requirements generally are included as conditions
of approval for subdivisions and development permits and may not be
contained in the development regulations for Specific Plan 2001 -01 or
in the City's Municipal Code and Subdivision Ordinance. Such
development requirements may include, but are not limited to: On -site
lighting, front yard landscaping; bus shelters; quantities and sizing of
trees and shrubs, general review /approval of landscaping and irrigation
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plans, review and approval of conditions, covenants and restrictions;
requirements for homeowner property associations, rain gutters; yard
drains; trash and recycling enclosures; slough wall for slopes adjacent to
street rights- of -way; and concrete driveways. To protect the residents of
Moorpark, the City may, at its discretion, condition any subdivision and/
or development permit on all such matters.
17.70.020 Definitions
Words and terms used in the Specific Plan 2001 -01 development
standards or regulations shall have the same definitions as given in the
City of Moorpark Municipal Code, including Title 17, Zoning.
17.70.030 General Provisions
These development standards or regulations regulate all development
within the Specific Plan 2001 -01 area. The following general provisions
apply to all zone districts within the Specific Plan 2001 -01 area:
A. The City Municipal Code as it may be amended shall regulate
development in the Specific Plan 2001 -01 area, except as modified by
the regulations contained herein. In such cases where the Specific Plan
2001 -01 development regulations conflict with those in other Chapters
of Title 17 of the City Municipal Code, the Specific Plan 2001 -01
development standards shall apply. Any future amendments to the City
Municipal Code, which are not addressed by Specific Plan 2001 -01,
shall also apply to the Specific Plan area, as applicable. The
establishment and changes of the zone district classification on land in
the Specific Plan area shall be as described in this Chapter and shall be
adopted by an ordinance amending the City zoning map. The zone
districts for Specific Plan 2001 -01 shall be consistent with the Land Use
Map, Exhibit 4 of Specific Plan 2001 -01.
B. All land -use entitlements and permits issued within the Specific Plan
2001 -01 area shall be consistent with the Specific Plan and the City's
General Plan, and Development Agreement 2005 -01.
C. Because it is not feasible to compose legislative language which
encompasses all conceivable land use situations, the Community
Development Director shall have the authority to interpret the standards
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or regulations contained in this Specific Plan, but only when such
interpretation is necessitated by a lack of specificity in such regulations
or standards.
D. Procedures for the processing of land -use entitlements for Specific
Plan 2001 -01, including permits and variances, shall be the same as
defined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code.
17.70.040 Residential Development Regulations: Residential
(R) Designation
The purpose of the Residential (R) Designation is to allow single family
detached homes on moderate sized lots. A density of no more than four
(4) dwelling units per gross acre is permitted in this zone. Development
of homes in this zone shall be subject to a City- Council approved
Residential planned Development Permit, with conditions of approval,
including the maximum size of homes in this zone, determined through
this process. Any conditions would be addition to the applicable
provisions of this Specific Plan, the Zoning Ordinance, and
Development Agreement No. 2005 -01. Except as provided in this
section, the standards of the City of Moorpark's R -P -D Zone at the time
of submittal of a complete application for a Residential Planned
Development Permit shall apply except multifamily and two - family
dwellings are not permitted uses.
A. Permitted Uses
For purposes of this Specific Plan, the list of permitted uses, planned
development, administrative, and conditional uses as defined in Chapter
17.20 for the R -P -D zone shall apply to the Residential (R) Designation,
except that multifamily and two - family dwellings are not permitted in
the Residential (R) designation.
B. Site Development Standards for Residential (R) Designation:
1. Minimum lot area shall be 7,000 square feet.
2. Minimum property line setbacks for all structures shall be as set
forth in Chapter 17.36.030 (B) 3 for single family residences.
3. Maximum heights for all structures shall be as set forth in Chapter
17.36.030 (B) 4.
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4. All fences and walls shall comply with the provisions of City Codes,
except that screen walls may be built to a maximum height as
required by a City approved noise study.
5. Parking shall comply with Chapter 17.32 of the City of Moorpark
Zoning Code.
17.70.045 Residential Development Regulations: Residential
10.6 (PA -9) Designation
The purpose of the Residential 10.6 (PA -9) Designation is to allow
residential development to satisfy the requirements for affordable for -
sale housing in Section 6.11 of Development Agreement No. 2005 -01.
A density of up to 10.6 dwelling units per gross acre is permitted in this
zone. Application of this designation is limited to PA -9 in the
Moorpark North Park Specific Plan. Development of homes in this zone
shall be subject to a City Council - approved Residential Planned
Development Permit, with conditions of approval, including the
maximum size of homes in this zone, determined through this process.
Any conditions would be in addition to the applicable provisions of this
Specific Plan, the Zoning Ordinance, Development Agreement No.
2005 -01 and any Purchase and Sale Agreement applicable to these
homes. Except as provided in this section, the standards of the City of
Moorpark's R -P -D Zone at the time of submittal of a complete
applicaiton for a Residential Planned Development Permit shall apply,
except for minimum house size, which shall be deterimined by
Developoment Agreement No. 2005 -01.
A. Permitted Uses
For purposes of this Specific Plan, the list of permitted uses, planned
development, administrative, and conditional uses as defined in Chapter
17.20 for the R -P -D zone shall apply to the Residential R -10.6 (PA -9)
Designation.
B. Site Development Standards for Residential 10.6 (PA -9) Designation:
Minimum lot area shall be as specified by permit; maximum density
10.6 dwelling units per gross acre.
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2. Minimum residential building setbacks shall be as follows: 20 feet
from a public or private street to residential building; side yard
setback: as specified in permit; and rear setback: 15 feet.
Cornices, canopies, chimneys, eaves or other similar architectural
features may extend into the required yards as allowed by Chapter
17.24. The minimum distance between residential buildings shall be
10 feet.
3. Minimum building setbacks for accessory structures shall be as
allowed in Chapter 17.24.
4. Maximum building height shall be 35 feet or three stories for
residential buildings and 15 feet for any accessory structures.
5. All fences and walls shall comply with the provisions of Moorpark
Municipal Code, except that screen walls may be built to a
maximum height as required by a City approved noise study.
6. Parking shall comply with Chapter 17.32 of the City of Moorpark
Zoning Code.
17.70.050 Mixed Use Development Regulations:
Neighborhood Center (NC) Designation
Within the Specific Plan area, an approximately 5.0 to 6.5 -acre Neigh-
borhood Center site has been incorporated into the land -use plan to
encourage development of an attractive, innovative and efficient mixed
use center focusing on neighborhood serving retail shops, restaurants and
recreational opportunities afforded by the center lake and park side
location and affordable senior apartments complementing these uses.
Development of all commercial and residential uses in this zone shall be
subject to a City- Council approved Commercial Planned Development
Permit or Residential Planned Development Permit and Conditional
Use Permit, with conditions of approval, including the maximum floor -
area ratio for commercial uses and the maximum size of housing units in
this zone, determined through this process. Any conditions shall be in
addition to the applicable provisions of this Specific Plan, the Zoning
Ordinance, and Development Agreement No. 2005 -01.
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A. Permitted Uses
For purposes of this Specific Plan, the list of permitted uses,
administrative and conditional uses, as defined for the C -P -D zone in
Chapter 17.20 of the Moorpark Municipal Code, shall apply. For this
purposes of determining the appropriate permit processes for commercial
uses in this zone the NC is deemed to be a residential zone. Mixed -use
development with residential above or adjacent to commercial is also
permitted with a Conditional Use Permit.
B. Site Development Standards:
For purposes of this Specific Plan, the NC Zone development standards
shall be consistent with the CPD Zone requirements, except as modified
below:
I. Building setbacks from adjacent residential zones shall be 15 feet.
All building setbacks from the street right -of -way shall be consistent
with the City of Moorpark Zoning Code.
2. Maximum height of structures shall be 35 feet (as averaged from
adjacent grade to the top of structure) . Maximum height may be
increased up to 60 feet with a Planned Development Permit
approved by the City Council.
3. Fences and walls shall comply with the provisions of the City of
Moorpark Zoning Code.
4. Exterior lighting for all commercial and mixed -use parking areas
shall consist of decorative low - profile lighting fixtures not to exceed
a height of 20 feet. All other provisions of Chapter 17.30 shall
apply.
5. All loading shall be performed on the individual commercial site.
Unless otherwise specified in an individual project's conditions,
loading area(s) shall be provided adjacent to any proposed
buildings. The loading /service area(s) shall be screened from public
view by walls and landscaping unless obscured by a building or slope
area. The location and design shall be subject to the review of the
City, and shall otherwise comply with the provisions contained in
Section 17.32.090 of the Moorpark Municipal Code.
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6. All storage, including cartons, containers or trash, shall be shielded
from view by containment within a building or in an area enclosed
by a wall.
7. Screening shall be installed and maintained subject to the following.
All building mechanical equipment shall be screened from view
except where necessary for safety reasons. An opaque screen shall
be installed along all exterior boundaries, other than streets, where
the commercial and /or mixed -use parcel abuts areas designated
for residential use. Said screen shall consist of a solid wood or
masonry wall or fence, earthen berm, or dense evergreen plant
material, or a combination thereof, and have a total height of not
less than 6 feet. Screening for commercial uses within the Specific
Plan shall be in compliance with Section 17.24.090.0 (Sight
Triangle) and Section 17.24.090.E (Sight Distance) of the
Moorpark Municipal Code.
8. Total enclosed space (gross floor area) for commercial or retail
use on all lots in the Neighborhood Center designation shall not
exceed 70,000 sq. ft.
9. Parking standards for commercial and residential uses in the
Neighborhood Center shall be determined through the Conditional
Use Permit process.
17.70.060 Public /Quasi - Public Use Regulations (PQ)
Designation
The purpose of these standards or regulations is to allow for daycare,
churches and nonprofit organization buildings and fire stations.
A. Permitted Uses
For purposes of this Specific Plan, the permitted uses are daycare,
churches and nonprofit organization buildings, fire stations and related
ancillary uses, subject to a City Council approved planned development
permit as defined in Chapter 17.44 of the Moorpark Municipal Code.
B. Site Development Standards
1. A minimum landscape coverage of 10% of the overall lot area is
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required pursuant to Chapter 17.32.100 of the Moorpark
Municipal Code. Other landscaping criteria for the public and
community service areas of the Specific Plan shall comply with this
section of the Moorpark Municipal Code.
2. Front and side setbacks from arterial streets shall be 20 feet and 10
feet respectively. Front and side setbacks from collector residential
and loop streets shall be 10 feet. Setbacks from adjacent residential
zones shall be 15 feet. Said setbacks shall be landscaped, except
for walkways and front -to -back driveways, and shall not be used
for parking area aisles or parking.
3. Maximum height of structures shall be 35 feet (as averaged from
adjacent grade to the top of structure).
4. All fences and walls shall comply with the provisions of the City of
Moorpark Zoning Code, except that screen walls may be built to a
height as may be required by a City approved noise study.
5. Off- street parking shall comply with Chapter 17.32 of the
Moorpark Zoning Code.
17.70.065 School Development Regulations: School (S)
Designation
It is the intent of this section to provide for the use and development of
public school sites within the Specific Plan. The regulations herein are
intended to promote public educational and associated recreational
facilities and uses.
A. Permitted Uses
For purposes of this Specific Plan, the permitted use shall be non -
boarding schools, as defined in Chapter 17.08 Moorpark Municipal Code
( "schools, boarding or non - boarding ") and associated recreational
facilities such as ball fields, outdoor courts, etc.
17.70.070 Park and Recreation: Park (P) Designation
It is the intent of this section to provide for the appropriate use of the
parks within the Specific Plan. The regulations contained herein are
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intended to promote active and passive activities that accommodate
access and use, while still enhancing, the natural value of the open space
areas.
A. Permitted Uses
For purposes of this Specific Plan, the following uses are permitted:
Community centers, gymnasiums, athletic fields, parks, park buildings,
tennis facilities, basketball /volleyball courts, swimming and aquatic
facilities, tot lots, picnic tables, barbecue facilities, walking trails,
temporary outdoor club projects, temporary outdoor festivals,
government buildings including fire stations, parking lots and viewing
areas. The City Council may expand the list of permitted uses within
the Park (P) designation for other related uses.
17.70.075 Lake: Lake (L) Designation
It is the intent of this section to provide for the appropriate use of the
lake within the Specific Plan. The regulations contained herein are
intended to promote active and passive aquatic oriented uses within the
lake and lake buffer area.
A. Permitted Uses
Permitted uses within the lake and lake buffer areas include a recreation
lake, boating and fishing. Boating is limited to boats powered manually,
electrically or by sail. No commercial advertising is permitted on any
vessel. Docks for fishing and recreation are permitted as are areas for
picnicking, hiking, walking, biking, beach sports and recreation.
Swimming, wading and scuba diving are prohibited. All uses, conditions
and restrictions are subject to City Council approval planned
development pursuant as defined in Chapter 17.44 of the Moorpark
Municipal Code.
1770.080 Open Space (OS) Designation
It is the intent of this section to regulate the appropriate use of the open
space lands within the Specific Plan which may be temporarily disturbed
by the development process and /or require vegetation management for
fuel modification to minimize fire hazards. The regulations contained
herein are intended to promote appropriate management and
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enhancement of open areas buffering the Nature Preserve from
developed areas.
A. Permitted Uses
Permitted uses within this designation are limited to the following:
Education, management, revegetation, restoration and enhancement,
landscaping, plant fuel modification/brush management, temporary
geologic drilling (testing only), hiking trails, public facilities, utilities
(wireless communication cell sites are prohibited) and grading
consistent with and necessary to serve permitted uses within the Specific
Plan, including but not limited to water tanks, water, sewer and recycled
water and transmission lines, drainage facilities (including detention and
siltation facilities) and public and private roads. Each of these uses is
subject to zone clearance, planned development permit, conditional use
permit or administrative permit requirement for that use pursuant to
Municipal Code Section 17.20.050.
17.70.085 Nature Preserve (NP) Designation
The purpose of this section to provide standards to encourage the
appropriate use of the undisturbed natural preserve lands within the
Specific Plan. The regulations contained herein are intended to promote
the preservation, management and enhancement of sensitive natural
resources. The size and configuration of the Nature Preserve and the size
of the open space cannot be changed without a vote of the electorate of
the City of Moorpark.
A. Conditionally- Permitted Uses
The following uses within the Nature Preserve designation require a
Conditional Use Permit: Astronomical observatories, fire- suppression
helispots, and water storage facilities.
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17.70.090 Sign Regulations
The purpose of this section is to set standards for the use of signs that are
compatible with the community character of North Park. These sign
regulations will ensure that signage consists of materials, forms, colors,
and type styles that complement architectural and landscape features in
the community. The signage program will be designed to effectively
direct persons to various locations and activities throughout the
community, reducing potential traffic and safety hazards to motorists and
pedestrians. The provisions of the City of Moorpark Zoning Code,
Chapter 17.40, Sign Requirements shall apply, except as modified
herein. For the purposes of this Specific Plan, the definition section
contained in Chapter 17.40, Sign Definitions of the Moorpark Zoning
Code, shall apply.
A master sign program for the entire community shall be submitted for
review and approval as a part of the Planned Development Permit
process. The master sign program shall address temporary and
permanent signs in all land use designations except the Neighborhood
Center. A site specific sign program for the Neighborhood Center shall
be included in the Planned Development Permit approval for that site.
The sign requirements of the master sign program will then supersede
the provisions of this chapter and Chapter 17.40 of the Moorpark Zoning
Code.
17.70.100 Parking Regulations
For purposes of this Specific Plan, required off- street parking for
residential, commercial, public /quasi - public and park uses shall comply
with the provisions contained in Chapter 17.32 of the Moorpark Zoning
Code, unless otherwise noted in this document.
Parking requirements for uses that may occur in the Specific Plan that
are not specifically listed in the Parking Code shall be provided in the
quantities specified by the Community Development Director, based on
the requirements for the most comparable use specified therein.
DEVELOPMENT REGULATIONS
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Nor(6 Park
OS N OS
O R
R P P OS
R
P US.
S -
R
P
L R
R P R R
P P a 0S NP
P L R
R OS
OS OS OS OS o
NC P P OS
PO
OS S
P
S w NP
OS NORTH
Collins —y �� p
Drive � OS
Moorpark R -10.6 o tzso Zsoo
College Road A scale in feet
Road
Campus
Campus
Park Drive
Proposed New
Interchange
SR-
LEGEND
R - Residential P - Park
OS - Open Space PO - Public / Quasi Public
R -10.6 - Residential 10.6
L -Lake S - School
NP - Nature Preserve NC - Neighborhood
Center
Exhibit 25
ZONING MAP
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9mplementation
6.1. General
6.2. Phasing
6.3. Public Funding and
Infrastructure
Financing
6.4. Public and Private
Facilities and Services
6.5. Specific Plan
Administration
6.6. Substantial Conform-
ance Determinations
6.7. Existing Uses
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IMPLEMENTATION
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6. IMPLEMENTATION
6. I. GENERAL
North Park Ordinance
NORTH PARK VILLAGE & NATURE PRESERVE
All applications for Specific Plan development implementation,
including but not limited to all tentative maps of any type, planned
development permits, conditional use permits and variances will be
processed consistent with the state Subdivision Map Act and the City of
Moorpark Subdivision Ordinance and Municipal Code, including Title
17, Zoning Ordinance and Development Agreement 2005 -01 which
requires the preparation and approval of an implementation plan.
The City of Moorpark Municipal Code as it may be amended shall
regulate development in Specific Plan 2001 -01, except as modified by
the Specific Plan text, conditions, regulations and standards contained
herein. In such cases where Specific Plan 2001 -01 text, conditions,
regulations and standards conflict with those in sections contained in
the City of Moorpark Municipal Code, the Specific Plan 2001 -01
development text, conditions, regulations and standards shall apply.
All land use entitlements and permits issued within the Specific Plan
2001 -01 area shall be consistent with both the City's General Plan, as
amended, and Specific Plan 2001 -01.
Because it is not feasible to compose legislative language, which
encompasses all conceivable land -use situations, the Community
Development Director shall have the authority to interpret the text,
conditions, regulations and standards contained in Specific Plan 2001-
01, but only when such interpretation is necessitated by a lack of
specificity in such plan.
Unless otherwise provided, the procedures for the processing of land use
entitlements for the Specific Plan 2001 -01 area shall be the same as
defined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code.
IMPLEMENTATION
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IMPLEMENTATION
6.2. PHASING
The primary intent of the Specific Plan 2001 -01 Phasing Plan is to
correlate appropriate infrastructure improvements to site development.
Each phase may be developed so long as infrastructure, including roads,
secondary access, water, sewer and drainage systems are in place as
development occurs. The sequence of development for Specific Plan
2001 -01 will be influenced by the following factors: (i) the economy; (ii)
the rate of growth of the City and region; and (iii) changes in regional
infrastructure /public facilities, conditions and needs. As these factors
change during the course of the build -out process, necessary adjustments
in the corresponding infrastructure requirements may be considered,
however infrastructure and phasing requirements identified in Section
1.4.7 (Voter Assurances) of Specific Plan 2001 -01 shall not be modified
without voter approval.
The basic phasing mechanism of Specific Plan 2001 -01 is the
subdivision map. As each final map is processed, specific infrastructure
requirements for that subdivision will be established.
6.3. INFRASTRUCTURE FINANCING
A facilities financing program is important to implementation of
Specific Plan 2001 -01. The financing program needs to assure the
timely financing of public streets, utilities and other necessary capital
improvements as development occurs.
Various techniques are available for financing of the improvements and
facilities associated with project development. The financing method
for various improvements will be determined in conjunction with the
phasing of the infrastructure prior to final map approval. Some of the
possible funding mechanisms to be used for Specific Plan 2001 -01 public
improvements are as follows: (i) Development impact fees; (ii)
Community Facility Districts; (iii) Community Service Districts; (iv)
Other forms of Assessment Districts; (v) Facilities Benefit Assessments;
(vi) Conventional subdivision financing; (vii) Construction by project
applicant; (viii) Land reservation, offers of dedication, fee dedications
and /or easements; (ix) Landscape and Lighting Districts; (x) Per unit
hook -up charges; (xi) Transportation development fee credits; (xii)
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NORTH PARK VILLAGE & NATURE PRESERVE
Reimbursement agreements; and (xiii) State or federal grants and loans
(e.g., various infrastructure financing programs).
Upon receipt of a landowners' petition by Project Applicant a property
owner and Project Applicant said owner's payment of a fee, as prescribed
in California Government Code Section 53318, the City shall
commence proceedings to form a Community Facilities District
( "District ") (or other similar funding mechanism) to finance all or
portions of the public facilities, infrastructure services fees, schools,
parks, public facilities, and open space that are required by the Specific
Plan and that may be provided, pursuant to the Community Facilities
Act of 1982; provided, however, the City Council, in its sole and
unfettered discretion, may abandon establishment of the District upon
conclusion of the public hearing required by California Government
Code Section 53321.
6.4. PUBLIC AND PRIVATE FACILITIES AND SERVICES
The Project Applicant will be responsible for financing and constructing
the Specific Plan facilities and services to support the planned
development. As a condition of each final map, the Project Applicant
will be required to supply the City with acceptable assurances that the
facilities and services required for that development phase will be
completed. For example, those facilities and services are depicted in
Exhibits contained in this Specific Plan: (i), Land Use Plan; (ii),
Moorpark Community Park Concept Plan; (iii), Conceptual Circulation
Plan; (iv), Conceptual Water System Plan; (v), Conceptual Reclaimed
Water Plan; (vi), Conceptual Wastewater System Plan; and (viii),
Conceptual Drainage System Plan.
As more fully specified in Development Agreement 2005 -01, the Project
Applicant will also be responsible for financing the Specific Plan
facilities fees and other funding programs to support the planned
development. As a condition of each final subdivision map, the Project
Applicant would be required to supply the City with acceptable
assurances that the facilities and services required for that development
phase will be completed. For example, those facilities fees and funding
programs include: (i) Park Improvement Fee; (ii) Development Fees;
IMPLEMENTATION
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IMPLEMENTATION
(iii) Community Services Fee; (iv) Annexation Fees; (v) Library
Facilities Fee; (vi) Citywide Traffic Fee; (vii) Police Facility Funding
Program; (viii) Fire Facility Funding Program; (ix) School Fees; and (x)
Air Quality Fee. In addition, a non - wasting endowment or landscape
management district or similar assessment for the ongoing management
costs of the Nature Preserve shall be established by the Project
Applicant.
6.S. SPECIFIC PLAN ADMINISTRATION
Specific Plan Amendment Procedures:
In accordance with California Government Code §65453 through
§65454, a Specific Plan shall be amended in the same manner as a
general plan, except that a Specific Plan may be amended as often as
deemed necessary by the legislative body. However, pursuant to the
Moorpark General Plan, and voter assurance policies contained in this
plan, the following Specific Plan provisions may not be changed without
a vote of the Moorpark electorate:
• The number of homes permitted in SP 2001 -01 shall not
be increased above 1,680 without approval of the
Moorpark electorate.
• The Moorpark City Urban Restriction Boundary (CURB)
line governing the SP 2001 -01 planning area shall not be
expanded beyond the voter - approved boundaries without
approval of the Moorpark electorate.
• The minimum 500 foot open space buffer between existing
residences and new residences in SP 2001 -01 shall not be
reduced without approval of the Moorpark electorate.
• The maximum permissible square footage of commercial
construction in SP 2001 -01 shall not be increased above
70,000 square feet without approval of the Moorpark
electorate.
• The size of the North Park Nature Preserve (PA -27) shall
not be decreased from 2,160 acres without approval of the
Moorpark electorate.
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IMPLEMENTATION
No more than 500 residential units may receive building
permits until the new SR -118 interchange as shown in SP-
2001 -01 is open for public use unless approved by the
Moorpark electorate.
• Public access to public parks, the recreation lake and
public trails identified in SP 2001 -01 shall not be made
more restrictive without the approval of the Moorpark
electorate.
Procedures for Specific Plan amendments are also provided in Title 17 of
the City of Moorpark Municipal Code. Any amendment to this Specific
Plan shall be subject to review as required by the California Environ-
mental Quality Act (CEQA).
Planning Area Boundary and AcreWe Adjustment:
Precise planning area boundaries shall be established by the recordation
of final maps. Adjustments of land use boundaries may be approved by
the City Council in conjunction with approval of a tentative map(s), or
modification of a tentative map(s). Prior to Final Map approval,
boundary and acreage adjustments that meet all of the conditions set
forth below are considered specific plan administrative adjustments and
not Specific Plan amendments:
a. The boundary adjustment does not exceed ten percent of the
acreage shown in the Land Use Table for any affected planning
area and would not result in a net reduction in the total acreage
designated Open Space or Nature Preserve.
b. Residential units may also be transferred with a boundary
adjustment as long as total dwelling units and overall development
area as approved in the Specific Plan are not changed;
c. Projected demands on parks, schools, community facilities, and
infrastructure are not significantly affected;
d. Grading and landform alteration would not significantly differ from
the Specific Plan;
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IMPLEMENTATION
The overall design and visual quality of the planned community
would not be significantly affected.
Density Transfer without Boundary Adjustment:
Prior to Final Map approval the transfer of a small number of residential
units from one planning area to another may be allowed as an
administrative action without a planning area boundary adjustment.
Such an adjustment may result from more detailed lotting design and
engineering plans as the project progresses. Such transfers shall be
limited to 5% of the residential units within any affected planning area
and shall also comply with criteria c, d and e above.
6.6. SUBSTANTIAL CONFORMANCE AND TENTATIVE
MAP AMENDMENTS
The Community Development Director or, as appropriate, the Director
of Public Works ( "the Director ") is responsible for making substantial
conformance determinations as provided in this section.
The purpose of substantial conformance is to determine whether
proposed development or uses substantially comply with the standards,
regulations and guidelines of the Specific Plan and other applicable City
ordinances, which do not conflict with the Specific Plan. The use of
substantial conformance includes, but is not limited to:
• Determinations regarding issues, conditions or situations
that arise and are not directly addressed by this Specific
Plan;
• Determinations of whether a use substantially complies
with the land use designation in which the use is requested
and, therefore, is permitted within that land use
designation;
• Approval of signs and sign programs;
• Approval of parking programs;
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NORTH PARK VILLAGE & NATURE PRESERVE
IMPLEMENTATION
• Administrative additions, deletions and changes to the
Specific Plan exhibits or text that substantially comply
with the Specific Plan;
• Adjustments to the Specific Plan's conceptual plans,
which do not change the requirements of providing
adequate infrastructure or facilities;
• Amendments to tentative subdivision maps;
• Approval of transport of materials within the boundaries
of the Specific Plan in conjunction with permitted grading
operations.
6.6.1 General FindingsApplicable to all Substantial Conformance Requests
The Director, acting upon any request for determination of substantial
conformance as provided in this section, shall either approve, approve
with conditions, or deny the request based on findings that the request:
(i) Substantially conforms with all applicable provisions of the Specific
Plan and City ordinances, which do not conflict with the Specific Plan;
(ii) Will not adversely affect public health and safety; and (iii) Will not
adversely affect adjacent property.
6.6.2 Amendments to Tentative Maps
Following approval of a tentative map, the Director may approve
amendments to the map if the amended map is determined by the
Director to be in substantial conformance with the approved map.
Changes which are permitted through an amended map include: (i)
Changes that can be requested by letter and that would not require any
changes to the map; (ii) Adjustments, which are not substantial to
mapped features, such as lot lines, street alignments, driveway locations
and building setbacks; (iii) Grading changes that will not substantially
affect approved drainage patterns; (iv) Addition or consolidation of lots
where the change does not substantially alter approved grading plan(s)
and /or concurrently increase commercial building square footage
addition of residential dwelling units is not permitted); and (v) Changes
required to be made as a condition of final map approval imposed by the
City Engineer.
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NORTH PARK VILLAGE & NATURE PRESERVE
IMPLEMENTATION
6.6.3 Hearings and Appeals
Substantial conformance determination and Tentative Map amendment
decisions are subject to the hearings and appeals processes pursuant to
Chapter 17.44 of the City of Moorpark's Municipal Code.
6.6.4 Appeal Procedure
All determinations of substantial conformance by the Community
Development Director shall be final unless appealed pursuant to Chapter
17.44 of the City of Moorpark's Municipal Code.
6.7. EXISTING USES
Existing uses within the Specific Plan area are subject to the regulations
listed below:
Any use of land lawfully existing at the time of the
effective date of the Specific Plan may be continued until
displaced by development per the Specific Plan.
Existing uses which may continue within the Specific Plan
area include: oil and natural gas operations, activities and/
or storage on easements existing prior to 2004, cattle
grazing, movie filming, water wells, maintenance and
operation of existing easements, rights -of -way and
pipelines, if any, existing leases, if any, and existing oil and
gas- related easements, rights, conditions and exceptions
arising from recorded quitclaims; however, prior to the
issuance of the first grading permit, the project applicant
shall cap and close all existing oil operations and acquire
title to all oil related easements, except a single industrial
oil transmission line shall be permitted to connect off -site
oil wells to the existing on -site tank farm; and
• All other nonconformities shall be subject to the
provisions of Chapter 17.52 of the City of Moorpark
Municipal Code.
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Appendix A
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APPENDIx A
172
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APPENDIx A
APPENDIXA
Recommended Fire Protection "Fuel Modification Zone "Plant Species
for North Park Village Landscaping Plan
GROUNDCOVERS
Scientific Name
Ornamental Name
Achillea tomentosa
Woolly Yarrow
Aeonium
Succulents
Agave vilmoriniana
Octopus Agave
Aloe aristata
Dwarf Aloe
Aloe brevifolia
Short Leaf Aloe
Arctostaphylos hookeri
Monterey Carpet
Arctostaphylos uva -uris
Monterey Bearberry
Arctotis
African Daisy
Artemisia cauasica
Silver Spreader
Baccharis pilularis
Coyote Brush
Carissa grandiflora
Green Carpet
Ceanothus gloriosus
Anchor Bay
Ceanothus prostratus
Squaw Carpet
Cerastium tomentosum
Sone -in- summer
Delopsperma alba
White Trailing Ice Plant
Drosanthemum
Rosea Ice Plant
Euonymus fortunei
Common Wintercreeper
Gazania
Gazania
Gazania rigeno leucolaena
Trailing Gazania
Helianthemumnummularium
Sunrose
Hypericum calycinym
Aaron's Beard
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APPENDIx A
GROUNDCOVERS
Scientific Name
Ornamental Name
Lampranthus
Ice Plant
Lampranthus spectabilis
Trailing Ice Plant
Lantana montevidensis
Trailing Lantana
Lonicera japinica
Japanese Honeysuckle
Malephora crocea
Ice Plant
Osteospermum fruticosum
Trailing African Daisy
Pelargonium peltatum
Icy Geranium
Potentilla verna
Spring Cinquefoil
Rosmarinus officinallis prostratus
Dwarf Rosemary
Salvia
Data's Choice
Salvia sonomensis
Creeping Sage
Santolina virens
Green Lavender Cotton
Sedum
Stonecrop
Senecio serpens
Kleinia Repens
Teucrium chamaedrys
Germander
Thymus serpyllum
Mother -of -thyme
Verbena peruviana
Peruvian Verbena
174
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Sources Include: Ventura County Fire Protection District, 1995; Bonterra Consulting, 2002
APPENDIx A
175
SHRUBS
Scientific Name
Ornamental Name
Callistemon
Bottle Brush
Ceanothus
Wild Lilac
Cistus
Rockrose
Heteromeles arbutifolia
Toyon
Pelargonium hortorum
Garden Geranium
Portulacaria afra
Elephant's Food
Rhamnus alaternus
Italian Buckthorn
Rhamnus californica
Coffee Berry
Senecio cineraria
Dusty Miller
Solanum jasminoides
Potato Vine
TREES
Scientific Name
Ornamental Name
Ceratonis siliqua
Carob
Cercis occidentalis
Western Redbud
Platanus
Sycamore
Populus
Poplar
Prunis lyonii
Catalina Cherry
Umbellularia california
California Laurel
Sources Include: Ventura County Fire Protection District, 1995; Bonterra Consulting, 2002
APPENDIx A
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APPENDDC A
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Appendix er
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APPENDIX B
178
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Ornamental Plants to be Prohibited from the North Park Village Land-
scaping Plan
Scientific Name
Ornamental Name
Acacia paradoxa.
Kangaroo Thorn
Achnatherum brachychaetum
Argentine Needlegrass,
Shortbristled Needlegrass
Acroptilon repens
Russian Knapweed
Ailanthus altissima
Tree of Heaven
Alhagi pseudalhagi
Camelthorn
Alternanthera philoxeroides
Alligator Weed, Alligatorweed
Ammophila arenaria
European Beachgrass
Aponogeton cordifolia
Cape Pondweed
Arctotheca calendula
Capeweed
Arundo donax
Giant Reed
Atriplex sembiccata
Australian Saltbush
Avena barbata
Slender Wild Oat
Avena fatua
Wild Oat
Bassia hyssopifolia
Five -horn Bassia, Fivehook
Bassia
Brachypodium distachyon
False brome, Purple False Brome
Brassica nigra
Black Mustard
Bromus diandrus
Ripgut Grass
Bromus madritensis spp. rubens
Foxtail Chess, Foxtail Grass,
Red Brome
Bromus tectorum
Cheatgrass
Cardaria chalapense
Lens -pod
Cardaria draba
Hoary Cress
Carduus nutans L
Musk Thistle
Carduus tenuiflorus
Italian Thistle, Slender- flowered
Thistle, Winged Plumeless
Thistle, Winged Thistle
Cardaria pubescens
White -top
APPENDIx B
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APPENDIx B
Carduus acanthoides L
Plumeless Thistle
Carduus pycnocephalus
Italian Thistle
Carpobrotus edulis
Hottentot -fig
Carthamus baeticus
Smooth Distaff Thistle
Centaurea melitensis
Tocalote
Centaurea maculosa Lam.
Spotted Knapweed
Centaurea solstisialis
Yellow Star - thistle
Centaurea squarrosa Willd
Squarrose Knapweed
Ceratophyllum demersum
Aquatic Hornwort
Cirsium arvense
Canada Thistle
Cirsium ochrocentrum
Beaumont Thistle, Yellow -
spined Thistle, Yellowspine
Thistle
Cirsium vulgare
Bull Thistle
Conium maculatum
Poison Hemlock
Cortaderia jubata
Andean Pampas Grass, Jubatagrass
Cortaderia selloana
Pampas Grass
Cotoneaster lacteus
Cotoneaster
Cotoneaster pannosus
Cotoneaster
Cynara cardunculus
Artichoke Thistle, Cardoon
Cytisus striatus
Portuguese Broom, Striated
Broom
Egeria densa
Brazilian Waterweed
Ehrharta calycina
Veldt Grass
Eichornia crassipes
Water Hyacinth
Elodea canadensis
Common Waterweed
Emex spinosa
Devil's Thorn, Spiny Threecornerjack
Eucalyptus globulus
Blue Gum
Foeniculum vulgare
Fennel
Hydrilla verticillata
Hydrilla
Lepidium latifolium
Perennial Pepperweed
Linaria genistifoliassp. dalmatica
Dalmatian Toad -flax, Toadflax
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Lolium multiflorum
Italian rye -grass
Myriophyllum aquaticum
Parrot's Feather
Myriophyllum spicatum
Watermilfoil
Eurasian Milfoil,Eurasian
Myoporum laetum
Lollypop Tree, Ngaio Tree
Nothoscordum inodorum
Grace, False Garlic
Onopordum acanthium
ssp. acanthium
Scottish Thistle
Orobanche ramosa
Hemp Broomrape,Yellow
Broom -rape
Pennisetum dandestinum
Kikuyu Grass
Pennisetum setaceum
Fountain Grass
Phalaris aquatica
Harding Grass
Rubus proceros (discolor)
Himalayan Blackberry
Salsosa spp.
Tumbleweed
Salsosa soda.
Tumbleweed
Salsosa tragus.
Russian Thistle, Tumbleweed
Schismus arabicus
Arabian Schismus,
Mediterranean Grass, Schismus
Schismus barbatus
Old Han Schismus, common
Mediterranean grass
Senecio mikanioides
German Ivy
Silybum marianum
Milk Thistle
Solanum carolinense
Carolina Horse - nettle
Solanum dimidiatum
Torrey's Nightshade, Western
Horsenettle
Solanum lanceolatum
Lance -leaf
Nightshade,Orangeberry Night
shade
Solanum marginatum
Purple African
N ightshade, Wh ite -Margined
Nightshade
Sorghum halepense
Johnsongrass
Spartina alterniflora
European / Atlantic Cord Grass
APPENDIx B
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182
North Park Ordinance
Spartina densiflora
Cord Grass
Spartina patens
Cord Grass
Taeniatherum caput- medusae
Medusa -head
Tamarix gallica
French Tamarisk
Tamarix parviflora
Fourstamen
Tamarisk,Smallflower Tamarisk,
Tamarisk
Tamarix ramosossoma, T. chinensis
Salt Cedar, Tamarisk
Tribulus terrestris
Puncture Vine
Ulex europaeus Gorse
Sources Include: California Native Plant Society, 2002; Calflora, Berkeley, CA, 2002; California Department
of Food and Agriculture, 2000 Noxious Weed Index; California Exotic Pest Plant Council, 2000.
Resolution No. 2005 -2399
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EXHIBIT C
ZONE CHANGE NO. 2001 -02
North Park Ordinance
Zoning Map Amendment: The Zoning Map is amended by designating
the land encompassed by Specific Plan No 2001 -01 (not including
off -site improvements) to be in the "Specific Plan (SP)" Zone.
Zoning Text Amendment: Chapter 17.70 is added to the Moorpark
Municipal Code as follows:
Chapter 17.70
SPECIFIC PLAN NO. 2001 -01
NORTH PARK VILLAGE AND NATURE PRESERVE SPECIFIC PLAN
Sections:
17.70.010 Purpose and Intent
17.70.020 Definitions
17.70.030 General Provisions
17.70.040 Residential Development Regulations: Residential
(R) Designation
17.70.045 Residential Development Regulations: Residential
10.6 (PA -9) Designation
17.70.050 Mixed Use Development Regulations: Neighborhood
Center (NC) Designation
17.70.060 Public /Quasi - Public Use Regulations (PQ)
Designation
17.70.065 School Development Regulations: School (S)
Designation
17.70.070 Park and Recreation: Park (P) Designation
17.70.075 Lake: Lake (L) Designation
17.70.080 Open Space (OS) Designation
17.70.085 Nature Preserve (NP) Designation
17.70.090 Sign Regulations
17.70.100 Parking Regulations
17.70.010 Purpose and Intent
The development standards or regulations contained herein
have been established to provide criteria for the development of
the planning areas within Specific Plan 2001 -01 and are intended
to be adopted as a new chapter in Title 17, Zoning, of the City
of Moorpark Municipal Code. Implementation of the regulations
set forth in this chapter is intended to ensure that all
development is coordinated and consistent with the goals and
policies of the City's General Plan.
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The following regulations provide for the arrangement,
development and use of residential, community center, public and
community service facilities, park and recreation, open space
and nature preserve zoned areas within the Specific Plan area,
while ensuring substantial compliance with the intent and
provisions of the City's General Plan and ordinances.
Application of these regulations is intended to encourage the
most appropriate use of the land, create a harmonious
relationship among land uses and protect the health, safety and
general welfare of the community.
Certain development requirements generally are included as
conditions of approval for subdivisions and development permits
and may not be contained in the development regulations for
Specific Plan 2001 -01 or in the City's Municipal Code and
Subdivision Ordinance. Such development requirements may
include, but are not limited to: On -site lighting, front yard
landscaping; bus shelters; quantities and sizing of trees and
shrubs, general review /approval of landscaping and irrigation
plans, review and approval of conditions, covenants and
restrictions; requirements for homeowner property associations,
rain gutters; yard drains; trash and recycling enclosures;
slough wall for slopes adjacent to street rights- of -way; and
concrete driveways. To protect the residents of Moorpark, the
City may, at its discretion, condition any subdivision and /or
development permit on all such matters.
17.70.020 Definitions
Words and terms used in the Specific Plan 2001 -01
development standards or regulations shall have the same
definitions as given in the City of Moorpark Municipal Code,
including Title 17, Zoning.
17.70.030 General Provisions
These development standards or regulations regulate all
development within the Specific Plan 2001 -01 area. The
following general provisions apply to all zone districts within
the Specific Plan 2001 -01 area:
A. The City Municipal Code as it may be amended shall
regulate development in the Specific Plan 2001 -01 area, except
as modified by the regulations contained herein. In such cases
where the Specific Plan 2001 -01 development regulations conflict
with those in other Chapters of Title 17 of the City Municipal
Code, the Specific Plan 2001 -01 development standards shall
apply. Any future amendments to the City Municipal Code, which
are not addressed by Specific Plan 2001 -01, shall also apply to
the Specific Plan area, as applicable. The establishment and
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changes of the zone district classification on land in the
Specific Plan area shall be as described in this Chapter and
shall be adopted by an ordinance amending the City zoning map.
The zone districts for Specific Plan 2001 -01 shall be consistent
with the Land Use Map, Exhibit 4 of Specific Plan 2001 -01.
B. All land -use entitlements and permits issued within the
Specific Plan 2001 -01 area shall be consistent with the Specific
Plan and the City's General Plan, and Development Agreement
2005 -01.
C. Because it is not feasible to compose legislative
language which encompasses all conceivable land use situations,
the Community Development Director shall have the authority to
interpret the standards or regulations contained in this
Specific Plan, but only when such interpretation is necessitated
by a lack of specificity in such regulations or standards.
D. Procedures for the processing of land -use entitlement
for Specific Plan 2001 -01, including permits and variances,
shall be the same as defined in Chapter 17.44 of Title 17 of the
Moorpark Municipal Code.
17.70.040 Residential Development Regulations: Residential (R)
Designation
The purpose of the Residential (R) Designation is to allow
single family detached homes on moderate sized lots. A density
of no more than four (4) dwelling units per gross acre is
permitted in this zone. Development of homes in this zone shall
be subject to a City- Council approved Residential planned
Development Permit, with conditions of approval, including the
maximum size of homes in this zone, determined through this
process. Any conditions would be addition to the applicable
provisions of this Specific Plan, the Zoning Ordinance, and
Development Agreement No. 2005 -01. Except as provided in this
section, the standards of the City of Moorpark's R -P -D Zone at
the time of submittal of a complete application for a
Residential Planned Development Permit shall apply except
multifamily and two- family dwellings are not permitted uses.
A. Permitted Uses: For purposes of this Specific Plan, the
list of permitted uses, planned development, administrative, and
conditional uses as defined in Chapter 17.20 for the R -P -D zone
shall apply to the Residential (R) Designation, except that
multifamily and two - family dwellings are not permitted in the
Residential (R) designation.
B. Site Development Standards.
1. Minimum lot area shall be 7,000 square feet.
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2. Minimum property line setbacks for all structures shall
be as set forth in Chapter 17.36.030 (B) 3 for single family
residences.
3. Maximum heights for all structures shall be as set forth
in Chapter 17.36.030 (B) 4.
4. All fences and walls shall comply with the provisions of
City Codes, except that screen walls may be built to a maximum
height as required by a City approved noise study.
5. Parking shall comply with Chapter 17.32 of the City of
Moorpark Zoning Code.
17.70.045 Residential Development Regulations: Residential 10.6
(PA -9) Designation
The purpose of the Residential 10.6 (PA -9) Designation is
to allow residential development to satisfy the requirements for
affordable for -sale housing in Section 6.11 of Development
Agreement No. 2005 -01. A density of up to 10.6 dwelling units
per gross acre is permitted in this zone. Application of this
designation is limited to PA -9 in the Moorpark North Park
Specific Plan. Development of homes in this zone shall be
subject to a City Council - approved Residential Planned
Development Permit, with conditions of approval, including the
maximum size of homes in this zone, determined through this
process. Any conditions would be in addition to the applicable
provisions of this Specific Plan, the Zoning Ordinance,
Development Agreement No. 2005 -01 and any Purchase and Sale
Agreement applicable to these homes. Except as provided in this
section, the standards of the City of Moorpark's R -P -D Zone at
the time of submittal of a complete application for a
Residential Planned Development Permit shall apply, except for
minimum house size, which shall be determined by Development
Agreement No. 2005 -01.
A. Permitted Uses: For purposes of this Specific Plan, the
list of permitted uses, planned development, administrative, and
conditional uses as defined in Chapter 17.20 for the R -P -D zone
shall apply to the Residential R -10.6 (PA -9) Designation.
B. Site Development Standards.
1. Minimum lot area shall be as specified by permit;
maximum density 10.6 dwelling units per gross acre.
2. Minimum residential building setbacks shall be as
follows: 20 feet from a public or private street to residential
building; side yard setback: as specified in permit; and rear
setback 15 feet. Cornices, canopies, chimneys, eaves or other
similar architectural features may extend into the required
yards as allowed by Chapter 17.24. The minimum distance between
residential buildings shall be 10 feet.
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3. Minimum building setbacks for accessory structures
shall be as allowed in Chapter 17.24.
4. Maximum building height shall be 35 feet or three
stories for residential buildings and 15 feet for any accessory
structures.
5. All fences and walls shall comply with the provisions
of Moorpark Municipal Code, except that screen walls may be
built to a maximum height as required by a City approved noise
study.
6. Parking shall comply with Chapter 17.32 of the City of
Moorpark Zoning Code.
17.70.050 Mixed Use Development Regulations: Neighborhood Center
(NC) Designation
Within the Specific Plan area, an approximately 5.0 to 6.5-
acre Neighborhood Center site has been incorporated into the
land -use plan to encourage development of an attractive,
innovative and efficient mixed use center focusing on
neighborhood serving retail shops, restaurants and recreational
opportunities afforded by the center lake and park side location
and affordable senior apartments complementing these uses.
Development of all commercial and residential uses in this zone
shall be subject to a City- Council approved Commercial Planned
Development Permit or Residential Planned Development Permit and
Conditional Use Permit, with conditions of approval, including
the maximum floor -area ratio for commercial uses and the maximum
size of housing units in this zone, determined through this
process. Any conditions shall be in addition to the applicable
provisions of this Specific Plan, the Zoning Ordinance, and
Development Agreement No. 2005 -01.
A. Permitted Uses: For purposes of this Specific Plan, the
list of permitted uses, administrative and conditional uses, as
defined for the C -P -D zone in Chapter 17.20 of the Moorpark
Municipal Code, shall apply. For this purposes of determining
the appropriate permit processes for commercial uses in this
zone the NC is deemed to be a residential zone. Mixed -use
development with residential above or adjacent to commercial is
also permitted with a Conditional Use Permit.
B. Site Development Standards.
For purposes of this Specific Plan, the NC Zone development
standards shall be consistent with the CPD Zone requirements,
except as modified below.
1. Building setbacks from adjacent residential zones
shall be 15 feet. All building setbacks from the street right -
of -way shall be consistent with the City of Moorpark Zoning
Code.
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2. Maximum height of structures shall be 35 feet (as
averaged from adjacent grade to the top of structure). Maximum
height may be increased up to 60 feet with a Planned Development
Permit approved by the City Council.
3. Fences and walls shall comply with the provisions of
the City of Moorpark Zoning Code.
4. Exterior lighting for all commercial and mixed -use
parking areas shall consist of decorative low - profile lighting
fixtures not to exceed a height of 20 feet. All other
provisions of Chapter 17.30 shall apply.
5. All loading shall be performed on the individual
commercial site. Unless otherwise specified in an individual
project's conditions, loading area(s) shall be provided adjacent
to any proposed buildings. The loading /service area(s) shall be
screened from public view by walls and landscaping unless
obscured by a building or slope area. The location and design
shall be subject to the review of the City, and shall otherwise
comply with the provisions contained in Section 17.32.090 of the
Moorpark Municipal Code.
6. All storage, including cartons, containers or trash,
shall be shielded from view by containment within a building or
in an area enclosed by a wall.
7. Screening shall be installed and maintained subject to
the following. All building mechanical equipment shall be
screened from view except where necessary for safety reasons.
An opaque screen shall be installed along all exterior
boundaries, other than streets, where the commercial and /or
mixed -use parcel abuts areas designated for residential use.
Said screen shall consist of a solid wood or masonry wall or
fence, earthen berm, or dense evergreen plant material, or a
combination thereof, and have a total height of not less than 6
feet. Screening for commercial uses within the Specific Plan
shall be in compliance with Section 17.24.090.0 (Sight Triangle)
and Section 17.24.090.E (Sight Distance) of the Moorpark
Municipal Code.
8. Total enclosed space (gross floor area) for commercial
or retail use on all lots in the Neighborhood Center designation
shall not exceed 70,000 sq. ft.
9. Parking standards for commercial and residential uses
in the Neighborhood Center shall be determined through the
Conditional Use Permit process.
17.70.060 Public /Quasi - Public Use Regulations (PQ) Designation
The purpose of these standards or regulations is to allow
for daycare, churches and nonprofit organization buildings and
fire stations.
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A. Permitted Uses: For purposes of this Specific Plan, the
permitted uses are daycare, churches and nonprofit organization
buildings, fire stations and related ancillary uses, subject to
a City Council approved planned development permit as defined in
Chapter 17.44 of the Moorpark Municipal Code.
B. Site Development Standards.
1. A minimum landscape coverage of 100 of the overall lot
area is required pursuant to Chapter 17.32.100 of the Moorpark
Municipal Code. Other landscaping criteria for the public and
community service areas of the Specific Plan shall comply with
this section of the Moorpark Municipal Code.
2. Front and side setbacks from arterial streets shall be
20 feet and 10 feet respectively. Front and side setbacks from
collector residential and loop streets shall be 10 feet.
Setbacks from adjacent residential zones shall be 15 feet. Said
setbacks shall be landscaped, except for walkways and front -to-
back driveways, and shall not be used for parking area aisles or
parking.
3. Maximum height of structures shall be 35 feet (as
averaged from adjacent grade to the top of structure).
4. All fences and walls shall comply with the provisions of
the City of Moorpark Zoning Code, except that screen walls may
be built to a height as may be required by a City approved noise
study.
5. Off- street parking shall comply with Chapter 17.32 of
the Moorpark Zoning Code.
17.70.065 School Development Regulations: School (S) Designation
It is the intent of this section to provide for the use and
development of public school sites within the Specific Plan. The
regulations herein are intended to promote public educational
and associated recreational facilities and uses.
A. Permitted Uses: For purposes of this Specific Plan, the
permitted use shall be non - boarding schools, as defined in
Chapter 17.08 Moorpark Municipal Code ( "schools, boarding or
non - boarding ") and associated recreational facilities such as
ball fields, outdoor courts, etc.
17.70.070 Park and Recreation: Park (P) Designation
It is the intent of this section to provide for the
appropriate use of the parks within the Specific Plan. The
regulations contained herein are intended to promote active and
passive activities that accommodate access and use, while still
enhancing, the natural value of the open space areas.
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A. Permitted Uses: For purposes of this Specific Plan, the
following uses are permitted: Community centers, gymnasiums,
athletic fields, parks, park buildings, tennis facilities,
basketball /volleyball courts, swimming and aquatic facilities,
tot lots, picnic tables, barbecue facilities, walking trails,
temporary outdoor club projects, temporary outdoor festivals,
government buildings including fire stations, parking lots and
viewing areas. The City Council may expand the list of
permitted uses within the Park (P) designation for other related
uses.
17.70.075 Lake: Lake (L) Designation
It is the intent of this section to provide for the
appropriate use of the lake within the Specific Plan. The
regulations contained herein are intended to promote active and
passive aquatic oriented uses within the lake and lake buffer
area.
A. Permitted Uses: Permitted uses within the lake and lake
buffer areas include a recreation lake, boating and fishing.
Boating is limited to boats powered manually, electrically or by
sail. No commercial advertising is permitted on any vessel.
Docks for fishing and recreation are permitted as are areas for
picnicking, hiking, walking, biking, beach sports and
recreation. Swimming, wading and scuba diving are prohibited.
All uses, conditions and restrictions are subject to City
Council approval planned development pursuant as defined in
Chapter 17.44 of the Moorpark Municipal Code.
17.70.080 Open Space (OS) Designation
It is the intent of this section to regulate the
appropriate use of the open space lands within the Specific Plan
which may be temporarily disturbed by the development process
and /or require vegetation management for fuel modification to
minimize fire hazards. The regulations contained herein are
intended to promote appropriate management and enhancement of
open areas buffering the Nature Preserve from developed areas.
A. Permitted Uses: Permitted uses within this designation
are limited to the following: Education, management,
revegetation, restoration and enhancement, landscaping, plant
fuel modification /brush management, temporary geologic drilling
(testing only), hiking trails, public facilities, utilities
(wireless communication cell sites are prohibited) and grading
consistent with and necessary to serve permitted uses within the
Specific Plan, including but not limited to water tanks, water,
sewer and recycled water and transmission lines, drainage
facilities (including detention and siltation facilities) and
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public and private roads. Each of these uses is subject to
zoning clearance, planned development permit, conditional use
permit or administrative permit requirement for that use
pursuant to Municipal Code Section 17.20.050.
17.70.085 Nature Preserve (NP) Designation
The purpose of this section to provide standards to
encourage the appropriate use of the undisturbed natural
preserve lands within the Specific Plan. The regulations
contained herein are intended to promote the preservation,
management and enhancement of sensitive natural resources. The
size and configuration of the Nature Preserve and the size of
the open space cannot be changed without a vote of the
electorate of the City of Moorpark.
A. Conditionally- Permitted Uses: The following uses within
the Nature Preserve designation require a Conditional Use
Permit: Astronomical observatories, fire - suppression helispots,
and water storage facilities.
17.70.090 Sign Regulations
The purpose of this section is to set standards for the use
of signs that are compatible with the community character of
North Park. These sign regulations will ensure that signage
consists of materials, forms, colors, and type styles that
complement architectural and landscape features in the
community. The signage program will be designed to effectively
direct persons to various locations and activities throughout
the community, reducing potential traffic and safety hazards to
motorists and pedestrians. The provisions of the City of
Moorpark Zoning Code, Chapter 17.40, Sign Requirements shall
apply, except as modified herein. For the purposes of this
Specific Plan, the definition section contained in Chapter
17.40, Sign Definitions of the Moorpark Zoning Code, shall
apply.
A master sign program for the entire community shall be
submitted for review and approval as a part of the Planned
Development Permit process. The master sign program shall
address temporary and permanent signs in all land use
designations except the Neighborhood Center. A site specific
sign program for the Neighborhood Center shall be included in
the Planned Development Permit approval for that site. The sign
requirements of the master sign program will then supersede the
provisions of this chapter and Chapter 17.40 of the Moorpark
Zoning Code.
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17.70.100 Parking Regulations
For purposes of this Specific Plan, required off - street
parking for residential, commercial, public /quasi - public and
park uses shall comply with the provisions contained in Chapter
17.32 of the Moorpark Zoning Code, unless otherwise noted in
this document.
Parking requirements for uses that may occur in the
Specific Plan that are not specifically listed in the Parking
Code shall be provided in the quantities specified by the
Community Development Director, based on the requirements for
the most comparable use specified therein.
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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
Exhibit D
DRAFT
10/05/05
North Park Ordinance
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
North Park Village LP
for Specific Plan No. 2001 -01
(North Park)
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THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF THE EFFECTIVE DATE AS DEFINED HEREIN PURSUANT TO THE
REQUIREMENTS OF GOVERNMENT CODE §65868.5
DEVELOPMENT AGREEMENT
This Development Agreement ( "the Agreement ") is made and
entered into as of the Effective Date, as defined in Section 19
herein, by and between the CITY OF MOORPARK, a municipal
corporation, (referred to hereinafter as "City ") and NORTH PARK
VILLAGE L.P., a California limited partnership, with a legal and
equitable interest in real property within the City generally
referred to as Specific Plan No. 2001 -01 (referred to
hereinafter individually as "Developer "). The City and
Developer are referred to hereinafter individually as "Party"
and collectively as "Parties." In consideration of the mutual
covenants and agreements contained in this Agreement, the 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:
l.1. Pursuant to Government Code Section 65864 et seq.
and Moorpark Municipal Code Chapter 15.40, the 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. Prior to approval of this Agreement, the City
Council certified the Final Program Environmental
Impact Report, adopted findings in support thereof,
approved a Mitigation Monitoring and Reporting
Program (MMRP) to ensure compliance with the
mitigation measures contained in the Final Program
EIR, and adopted a Statement of Overriding
Considerations (EIR). The EIR constitutes the
required CEQA review for General Plan Amendment No.
2001 -05 ( "GPA 2001 -05 "), Specific Plan No. 2001 -01
(SP 2001 -01), as more specifically described in
Exhibit "A" attached hereto and incorporated herein,
and Zone Change No. 2001 -02 ( "ZC 2001 -02 ") as well
as for this Agreement.
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1.3. GPA 2001 -05, SP 2001 -01, and ZC 2001 -02,
(collectively "the Project Approvals "; individually
"a Project Approval ") provide for development of the
Specific Plan as a master planned community and
construction of certain off -site improvements in
connection therewith (collectively "the Project ").
1.4. By this Agreement, the City desires to obtain the
binding agreement of Developer to develop the
Specific Plan in accordance with the Project
Approvals and this Agreement. In consideration
thereof, the City agrees to limit the future
exercise of certain of its governmental and
proprietary powers to the extent specified in this
Agreement.
1.5. By this Agreement, Developer desires to obtain the
binding agreement of the City to permit the
development of the Specific Plan 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.
1.6. The City and Developer acknowledge and agree that
the consideration to be exchanged pursuant to this
Agreement is fair, just, and reasonable and that
this Agreement is consistent with the City's General
Plan, as amended by GPA 2001 -05.
1.7. On May 23, 2005, the Planning Commission of the City
commenced a duly noticed public hearing on this
Agreement, and at the conclusion of the hearing
recommended approval of the Agreement.
1.8. On June 1, 2005, the City Council commenced a duly
noticed public hearing on this Agreement. Following
the conclusion of the hearing, the City Council
adopted Resolution No. 2005 -2399, which called a
special election to submit approval of an Ordinance
approving the Project Approvals and this Agreement
to the qualified voters of the City of Moorpark
( "the Enabling Ordinance ").
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1.9. On February 28, 2006, the qualified voters of the
City of Moorpark, at a special election called
therefore, approved the Enabling Ordinance, which,
among other things, required the City and Developer
to undertake all necessary activities for the
annexation of the property within SP 2001 -01 into
the City of Moorpark. Said annexation was deemed
complete and effective on _, 200_, and
pursuant to Section 19, herein, this Agreement is
deemed Effective as of that same date.
2. Property Subject To This Agreement. All of the real
property owned by the Developer and within the boundaries
of SP 2001 -01 (approximately 3,535.2 acres), shall be
subject to this Agreement ( "Property "). The Property may
also be referred to hereinafter as "the Project ".
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 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, except that the term "Developer" shall not include
the purchaser or transferee of any lot within the Property
that has been fully developed in accordance with the
Project Approvals and this Agreement, provided that all
fees required to be paid in connection with the development
of such lot have been paid and provided further that the
payee of such fees had not paid such fees under protest.
3.1. Constructive Notice and Acceptance. Every person
who acquires any right, title, or interest in or to
any portion of the Property in which a Developer has
a legal or equitable interest is, and shall be,
conclusively deemed to have consented and agreed to
be bound by this Agreement, whether or not any
reference to this Agreement is contained in the
instrument by which such person acquired such right,
title, or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of
any of Developer's interest in any portion of the
Property, that Developer shall be released from its
obligations with respect to the portion so sold or
transferred subsequent to the effective date of the
sale or transfer, provided that the Developer: (i)
was not in breach of this Agreement at the time of
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the sale or transfer: and (ii) prior to the sale or
transfer, deliver to the City a written assumption
agreement, duly executed by the purchaser or
transferee and notarized by a notary public, whereby
the purchaser or transferee expressly assumes the
obligations of Developer under this Agreement with
respect to the sold or transferred portion of the
Property. Failure to provide a written assumption
agreement hereunder shall not negate, modify, or
otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to the
City discretion to approve or deny any such sale or
transfer, except as otherwise expressly provided in
this Agreement.
In the event of a partial assignment or transfer,
the assumption agreement referenced above shall
include provisions acceptable to the City to ensure
that the phased construction of affordable housing
units contemplated by subsection 6.11. is achieved
and the requirements and obligations of each
successor are consistent with the applicable
provisions of the Implementation Plan, regardless of
the identity or number of developers of the Project.
3.3. Notwithstanding any other provision of this
Agreement:
a. When any individual residential lot has been
finally subdivided and sold or leased to a member
of the public or any other ultimate user, and
final inspection has occurred for the building (s)
on the lot, or, in the event of commercial
property, when all allowed building for any lot
has been built and a certificate of occupancy
issued therefore, that lot and its owner shall
have no further obligations under and shall be
released from this Agreement, provided that all
fees required to be paid in connection with the
development of such lot have been paid and
provided further that the payee of such fees had
not paid such fees under protest.
b. Upon the conveyance of any lot, parcel, or other
property, whether residential, commercial, or
open space, to a homeowners' association,
property owners' association, or public or quasi-
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public entity, that lot, parcel, or property and
its owner shall have no further obligations under
and shall be released from this Agreement,
provided that all fees required to be paid in
connection with the development of such lot have
been paid and provided further that the payee of
such fees had not paid such fees under protest.
No formal action by the City is required to
effect this release, but, upon Owner's request,
City shall sign an estoppel certificate or other
document to evidence the release provided that no
Developer is in default under this Agreement.
4. Development of the Property. The following provisions
shall govern the subdivision, development, and use of the
Property.
4.1. Permitted Uses.
permitted
The permitted and
uses of the Property shall
those that are allowed by the Project
this Agreement.
conditionally
be limited to
Approvals and
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 the Uniform Building Code,
including the Fire Resistive Design Manual, the
National Electrical Code, the Uniform Plumbing Code,
the Uniform Mechanical Code, the Uniform Housing
Code, the Uniform Code for the Abatement of
Dangerous Buildings, the Uniform Code for Building
Conservation, the Uniform Administrative Code, any
applicable federal or state building requirements
(collectively "the Building Codes ") in effect at the
time the building plans are submitted for first plan
check.
4.4. Reservations and Dedications. All reservations and
dedications of land for public purposes that are
applicable to the Property shall be as set forth in
the Project Approvals, Subsequent Approvals and this
Agreement.
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5. Vesting of Development Rights.
5.1. Timing of Development. In Pardee Construction Co.
V. City of Camarillo, 37 Cal.3d 465 (1984), the
California Supreme Court held that the failure of
the parties therein to provide for the timing or
rate of development resulted in a later - adopted
initiative restricting the rate of development to
prevail against the parties' agreement. The City
and Developer intend to avoid the result in Pardee
by acknowledging and providing that 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.
In furtherance of the Parties intent, as set forth
in this subsection, 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 the City's right to ensure that Developer
timely provides all infrastructure required by the
Project Approvals, Subsequent Approvals, and this
Agreement.
5.2. Developer Consent to Amendment of Project Approvals.
No amendment of any of the Project Approvals,
whether adopted or approved by the City Council or
through the initiative or referendum process, shall
apply to any portion of the Property, unless the
Developer has agreed in writing to the amendment.
5.3. Issuance of Subsequent Approvals. Applications for
land use approvals, entitlements, and permits
(excluding building 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
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adjustments, preliminary and final residential and
commercial 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 Property (collectively "the
Subsequent Approvals "; individually "a Subsequent
Approval ") shall be consistent with the Project
Approvals and this Agreement.
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 the City (collectively "City Laws "),
except City Laws that:
(a) change any permitted or conditionally permitted
uses of the Property from that allowed by the
Project Approvals, and this Agreement;
(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 that allowed by the Project
Approvals and this Agreement.
(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 City -wide basis
to all substantially similar types of development
projects or to all properties with similar land use
designations;
(e) control residential rents;
Resolution No. 2005 -2399
Page 236
North Park Ordinance
(f) prohibit or regulate development on slopes with
grades greater than twenty percent (20 %), including
without limitation Moorpark Municipal Code Chapter
17.38 or any successor thereto, within all approved
planning areas of SP 2001 -01; or
(g) modify the land use from that permitted by the
Project Approvals and the City's General Plan Land
Use Element 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. Term of Subsequent Approvals. The term of any
tentative map for the Property, or any portion
thereof, shall expire ten (10) years after its
approval or conditional approval or upon the
expiration or earlier termination of this Agreement,
whichever occurs first, notwithstanding the
provisions of Government Code Section 66452.6 or the
fact that the final map may be filed in phases.
Developer hereby waives any right that it may have
under the Subdivision Map Act, Government Code
section 66410 et seq., or any successor thereto, to
apply for an extension of the time at which the
tentative map expires pursuant to this subsection.
No portion of the Property for which a final map or
parcel map has been recorded shall be reverted to
acreage at the initiative of the City during the
term of this Agreement.
The term of any Subsequent Approval, except a
tentative map or subdivision improvement or other
agreements relating to the Project, shall be one (1)
year, provided that the term may be extended by the
decision maker for two (2) additional one (1) year
periods upon application of the Developer holding
the Subsequent Approval filed with the City's
Department of Community Development prior to the
expiration of that Approval. Each such Subsequent
Approval shall be deemed inaugurated, and no
extension shall be necessary, if a building permit
was issued and the foundation received final
inspection by the City's Building Inspector prior to
the expiration of that Approval.
Resolution No. 2005 -2399
Page 237
It is understood
certain Subsequent
for the term of
throughout the terr
shall have the rig
a new permit to re]
is about to expire.
North Park Ordinance
by the City and Developer that
Approvals may not remain valid
this Agreement. Accordingly,
of this Agreement, any Developer
it, at its election, to apply for
glace a permit that has expired or
5.5. Modification of Approvals. Consistent with Section
15 herein, Developer shall have the right, during
the term of this Agreement and at its election and
without risk to or waiver of any right that is
vested in it pursuant to this section, to apply to
the 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 except as otherwise
provided in Section 15 herein.
5.6. Issuance of Building Permits. No building permit,
final inspection, or certificate of occupancy will
be unreasonably withheld from Developer if all
infrastructure required by the Project Approvals,
Subsequent Approvals, and this Agreement to serve
the portion of the Property covered by the building
permit is in place or is scheduled to be in place
prior to completion of construction 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
allocation basis.
5.7. Moratorium on Development. Nothing in this
Agreement shall prevent the 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 City -wide
basis to all substantially similar types of
development projects and properties with similar
land use designations; and (ii) as a result of a
utility shortage or a reasonably foreseeable utility
shortage, including without limitation a shortage of
Resolution No. 2005 -2399
Page 238
water, sewer treatment
natural gas.
6. Developer Agreements.
North Park Ordinance
capacity, electricity, or
6.1. 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 and any subsequent or supplemental actions.
6.2. All lands and interests in land dedicated to the
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 the City.
6.3. As a condition of the issuance of a building permit
for each residential and commercial use within the
boundaries of the Property, Developer shall pay the
City a development fee as described herein (the
"Development Fee "). The Development Fee may be
expended by the City in its sole and unfettered
discretion. On the Effective Date of this Agreement,
the amount of the Development Fee shall be Eight
Thousand, Eight Hundred, Ninety -Five Dollars
($8,895.00) per residential unit and Forty Thousand,
Twenty -Eight Dollars ($40,028.00) per gross acre of
commercial land on which the use is located. The
fee for both residential and commercial uses shall
be adjusted annually commencing one (1) year after
the first residential building permit is issued
within the Project 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 /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month which is
four (4) months prior to the month in which the
first residential building permit is issued within
the Project (e.g., if the permit issuance occurs in
October, then the month of June is used to calculate
the increase). In the event there is a decrease in
the referenced Index for any annual indexing, the
Development Fee shall remain at its then current
Resolution No. 2005 -2399
Page 239
North Park Ordinance
amount until such time as the next subsequent annual
indexing which results in an increase.
In the event the CPI referred to above in this
subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
CPI had not been discontinued or revised.
6.4. As a condition of the issuance of a building permit
for each residential and commercial use within the
boundaries of SP 2001 -01, Developer shall pay the
City a traffic mitigation fee as described herein
( "Citywide Traffic Fee ") . The Citywide Traffic Fee
may be expended by the City in its sole and
unfettered discretion. On the date this Agreement is
approved by the City Council, the amount of the
Citywide Traffic Fee shall be Five Thousand,
Seventy -Five Dollars ($5,075.00) per market -rate
residential unit, and Twenty -Two Thousand, Eight
Hundred, Thirty -Eight Dollars ($22,838.00) per acre
of commercial land on which the use is located.
Commencing on January 1, 2006, and annually
thereafter, both categories of the Citywide Traffic
Fee shall be increased to reflect the change in the
Caltrans Highway 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 referenced Index for any
annual indexing, the Citywide Traffic Fee shall
remain at its then current amount until such time as
the next subsequent annual indexing which results in
an increase.
In the event the Caltrans Highway Bid Price Index
referred to above in this subsection is discontinued
or revised, such successor index with which it is
replaced shall be used in order to obtain
substantially the same result as would otherwise
have been obtained if the Bid Price Index had not
been discontinued or revised.
6.5. As a condition of issuance of a building permit for
each residential and commercial use within the
boundaries of SP 2001 -01, Developer shall pay the
City a community services fee as described herein
Resolution No. 2005 -2399
Page 240
North Park Ordinance
(Community Services Fee). The Community Services
Fee may be expended by the City in its sole and
unfettered discretion. The amount of the Community
Services Fee shall be Two Thousand, Two Hundred,
Thirty -Three Dollars ($2,233.00) per residential
unit and Seven Thousand, Seventy Dollars ($7,070.00)
per gross acre of commercial land on which the
commercial use is located. Commencing on January 1,
2008, and annually thereafter, the Community
Services Fee for both residential and commercial
uses shall be adjusted by any increase in the
Consumer Price Index (CPI) until all Community
Services 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 /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be
made using the month of August over the prior month
of August. In the event there is a decrease in the
CPI for any annual indexing, the Community Services
Fee shall remain at its then current amount until
such time as the next subsequent annual indexing
which results in an increase.
In the event the CPI referred to above in this
subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
CPI had not been discontinued or revised.
6.6. Upon the execution of this Agreement, Developer
shall pay all outstanding City processing costs
related to preparation of this Agreement, Project
Approvals, SP 2001 -01, and EIR.
6.7. Within the boundaries of the Property, Developer
shall dedicate, at its sole cost and expense, the
approximate thirty -nine (39) acres of park land to
the City as shown as public parks in SP 2001 -01 for
PA -10 and PA -37 and approximately four and one -half
(4 -1/2) acres for a nature park as shown in SP 2001-
01 for PA -11. At its sole cost and expense, but
subject to the limitations set forth in this
subsection, Developer shall make improvements to the
park land dedicated pursuant to this subsection and
Resolution No. 2005 -2399 North Park Ordinance
Page 241
shall provide maintenance of the land and
improvements as provided for in this subsection.
At the City's sole discretion, the park site
improvements shall include, but not be limited to,
one or more of any of the following items or other
improvements:
A. Softball and /or baseball fields including
backstops, foul line and outfield chain link
fencing, fenced dugouts with concrete floors,
solid roof, with lighting for one (1) or more
fields if desired by the City;
B. Regulation soccer
360 feet long with
overlap onto the si
except as approved
(2) semi - permanent
(1) or more fields
fields, (225 feet wide and
no obstructions) that do not
Dftball /baseball field areas,
by the City Council, and two
goals with lighting for one
if desired by the City;
C. Lighted tennis courts;
D. Lighted full court basketball courts;
E. Children's play equipment /apparatus and tot
lots;
F. Concrete block restroom structure with a
concession facility with tile roof designed
consistent with applicable health codes to
allow the sale of prepared foods;
G. Picnic shelter with solid roof and matching
tile to the restroom structure;
H. Off - street parking with standard sized parking
spaces;
I. Skate facility;
J. Swimming pools which could include recreational
and competitive uses with deck, fencing,
restroom, and shower /locker facility;
K. Gymnasium and recreation center with an office,
meeting rooms, bleachers, and restrooms /locker
facilities. Size of the basketball court shall
be consistent with the court at Arroyo Vista
Resolution No. 2005 -2399
Page 242
North Park Ordinance
Recreation Center and the gymnasium shall be
designed to accommodate two (2) volleyball
courts that meet CIF regulation dimensions;
L. Village Stage; and
M. Typical landscape and hardscape facilities and
related amenities for community and
neighborhood parks, including but not limited
to turf grass, trees, shrubs, concrete
sidewalks and curbing, underground drainage,
security lighting, tables, benches, fencing,
trash receptacles, bike racks, barbecues and
signage.
Developer agrees to provide Nine Million, Seven
Hundred Fifty Thousand Dollars ($9,750,000.00) for
construction of park improvements for PA -10 and PA-
37 and Five Hundred Thousand Dollars ($500,000.00)
for PA -11, collectively referred to as Park
Improvement Costs. Said amounts shall not include
any overhead, administrative, or similar costs, or
profit by Developer or any Developer - affiliated
entity. In addition, Developer shall be responsible
for the following costs which are not a part of the
Park Improvement Costs: utility stub outs (domestic
water, recycled water, electrical, gas, sewer, storm
drains, cable television, telephone, and fiber
optics) at locations as determined by the City
Manager or his /her designee, rough and final
grading, drainage, adjacent street improvements,
professional services for the design of the park and
related improvements, City costs for plan check,
inspection, and maintenance including fifteen
percent (150) City overhead on any contract services
until the park improvements are accepted by the City
and the swim lagoon which Developer is obligated to
construct as part of the lake. Commencing January 1,
2007 and annually thereafter, the amount of Park
Improvement Costs shall be increased to reflect the
change in the Price Index that includes park and
building construction for the twelve (12) month
period that is reported in the latest issue of the
Engineering News Record that is available on
December 31 of the preceding year (annual indexing) .
In the event there is a decrease in the CPI for any
annual indexing, it shall remain at its then current
Resolution No. 2005 -2399
Page 243
North Park Ordinance
amount until such time as the next subsequent annual
indexing, which results in an increase.
In the event the Price Index referred to above in
this subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
Price Index had not been discontinued or revised.
Final design, plans, and specifications shall be as
approved by the City Council, including applicable
handicapped requirements, and shall include, but not
be limited to, grading, street improvements,
drainage, hardscape (walkways, bike paths, etc.),
landscape (trees, shrubs, groundcover, and turf),
security lighting for the park and parking lot, and
miscellaneous amenities in quantities as determined
necessary by the City Manager or his /her designee
(tot lot and park perimeter fencing, drinking
fountains, trash receptacles, trash bin enclosures,
bike racks, barbecues, picnic tables, pay phones,
identification monument signs, and other signage,
etc.). The maximum average cross slope for the
entire park site exclusive of City Council approved
slope areas as depicted in SP 2001 -01 shall be two
percent (20) with the intent that the maximum amount
of land possible be utilized for park improvements
included in this subsection. This cross slope
standard may be amended based upon approval by the
City Council of a specific park design. The
improvement plans and specifications shall be
similar to those improvements constructed at other
City parks as determined by the City Council at its
sole discretion. If the park is allowed to be rough
graded prior to installation of improvements, it
shall be hydroseeded and provided with other
appropriate means of erosion control. At its sole
cost and expense, Developer shall: (i) design the
park improvements and submit conceptual plans for
City Council approval; (ii) prepare final design,
plans, and specifications and submit the same to the
City Council for approval; (iii) submit the approved
final plans and specifications to the City for plan
check along with appropriate fees; and (iv) pay the
City for inspection of the construction.
Resolution No. 2005 -2399
Page 244
North Park Ordinance
The Community Park site (PA -10) shall be dedicated
to the City improved and available (open) to the
public prior to the occupancy of the 501St market -
rate dwelling unit within the boundaries of SP 2001-
01. The City Council at is sole discretion may
postpone the time the park must be available to the
public to prior to occupancy of the 750th dwelling
unit. The park site shall be irrevocably offered for
dedication to the City upon approval of the first
final map in which the park site is located.
The lakefront park (PA -37) site shall be dedicated
in fee to the City, improved and available to the
public the earlier of (1) occupancy of the 801St
market -rate dwelling unit or (2) completion of the
recreation lake. The park site shall be irrevocably
offered for dedication to the City upon approval of
the first final map in Phase B of SP 2001 -01.
The Nature Park (PA -11) shall be dedicated in fee,
improved, and available and open to the public, as
determined by the City Council at its sole
discretion. The park site shall be irrevocably
offered for dedication to the City upon the approval
of the first final map for the Project.
The recreation (PA -48) lake shall be completed and
open to the public prior to the occupancy of the
801St market -rate dwelling unit.
After each park is opened to the public and prior to
its formal acceptance by the City, Developer shall
provide a minimum of one (1) year and a maximum of
two (2) years of maintenance for the park land and
improvements, including all labor, materials, and
utilities, in accordance with the specifications
used by the City at its parks. All land provided by
Developer to City for parks, recreation, and open
space purposes shall be deeded to the City without
any restrictions for current or future use.
Developer agrees that
improvements along with the
described park land and
subsection 6.9 shall be
"Quimby" requirement set
Government Code section
subsequent subdivision maps
the above - described
dedication of the above -
other requirements of
deemed to satisfy the
forth at California
56477 et seq. for all
within the Specific Plan
Resolution No. 2005 -2399
Page 245
North Park Ordinance
area for a maximum of 1,680 residential units.
Developer shall secure the above - described
improvements and the minimum one -year (1 -year)
maintenance requirement by the execution of City's
standard subdivision agreement prior to the approval
of the first final tract map or the first final
parcel map within the Specific Plan area.
Prior to issuance of a building permit for each
commercial building, Developer agrees to pay fifty
cents ($.50) per square foot of gross floor area of
said building to be used for park improvements at
the City Council's sole discretion. Commencing on
January 1, 2007, and annually thereafter, this
amount shall be adjusted in the same manner as
provided for in this subsection 6.7. for adjustments
to the Park Improvement Costs.
In addition to the required construction and
maintenance described above, Developer shall at its
sole cost and expense, as a condition of issuance of
a building permit for each of the 1,500 market -rate
residential units in the Project, pay to City One
Thousand, Six Hundred Ninety Dollars ($1,690.00) to
fund the replacement of the park amenities as
determined by City at its sole discretion.
Commencing on January 1, 2007, and annually
thereafter, this amount shall be adjusted in the
same manner as provided for in this subsection 6.7.
for adjustment to the Park Improvement Costs.
The City, at its sole discretion, may take the Park
Improvement Costs in cash and construct the
improvements consistent with applicable state law
and municipal codes. In such case, Developer is
obligated to grade the sites to City's approved
specifications and install underground drainage
system, provide utility stub outs as approved by
City, provide the equivalent of twelve (12) months
of maintenance costs including labor, materials, and
utilities, and construct adjacent streets to City
standards in addition to paying the Park Improvement
Costs. The City may elect this option for any of the
three referenced sites, and said Improvement Costs
would be paid to the City on a pro -rata acreage
basis. In such case, the payment would be made by
Developer within thirty (30) days of City's award of
bid. The Developer shall give written notice to the
Resolution No. 2005 -2399
Page 246
North Park Ordinance
City of its intention to commence construction of
the park improvements ninety (90) days prior to
commencing construction at each site. If the City
does not notify the Developer in writing of its
intention to collect Park Improvement Costs in cash
in lieu of actual construction of the park
improvements within 30 business days of receipt of
the 90 -day notice, the City's right to this option
is waived.
The City Council, at its sole discretion, may
require Developer to pay the City up to one -third
(1/3) of the then current Park Improvement Cost
amount in cash to be used at the City Council's sole
discretion for park and recreation improvements that
benefit City residents at another location within
the City. Such decision by the City shall be made
within one hundred eighty (180) calendar days of
Council's approval of the Implementation Plan as
referenced in subsection 6.31. of this Agreement.
Developer's payment to the City shall be made within
thirty (30) calendar days of the City's written
request for said payment. The City must obligate
any Park Improvement Cost funds received from
Developer within three (3) years of receipt of said
funds.
Commencing on the first day of the month after the
required Developer funded maintenance period ends
for the PA -10 site, Developer agrees to pay in
advance for each calendar year, or portion thereof,
the equivalent annual cost for each of the then
applicable assessments for City's parks maintenance
districts for each residential or commercial lot or
use in the Project until such time as that lot or
use is assessed as part of the City's park
maintenance districts. This applies whether or not
each of the 1,680 residential lots or units and the
commercial lots have been created by a subdivision.
Prior to approval of the first final tract map for
SP 2001 -01 at the City Council's sole discretion,
approximately one and one -half (11-�) acres of PA -10
may be used as the fire station site in lieu of PA-
23. In such event, the aforementioned Park
Improvement Cost shall not be adjusted as a result
of a reduction in acreage for park purposes and PA-
Resolution No. 2005 -2399
Page 247
North Park Ordinance
23 shall be deeded to City at no cost for open space
purposes.
6.8. Developer shall construct appropriately sized water
lines, pumping facilities, and storage facilities
for recycled water consistent with the requirements
of the City, Waterworks District No. 1, and
Calleguas Municipal Water District. Said lines shall
be installed prior to the final cap being placed on
all streets whether the recycled water is available
or not. Developer shall provide service including
payment of any connection and meter charges and
shall use recycled water for medians and parkways
for all public streets, and any other public and
commonly owned landscaping and recreation areas. The
amount of recycled water needed and areas to be
irrigated by recycled water shall be determined by
the City at its sole discretion. The recycled water
line(s) shall be installed for each City- approved
phase of development. Developer shall install dual
water meters and services for all locations
determined necessary by the City at its sole
discretion to ensure that both potable and recycled
water are available including but not limited to
locations where restrooms and drinking fountains are
planned.
6.9. Greenbelts, open space areas, landscaped areas, and
trails lying within the Property (not covered by any
other section) shall be conveyed to the City in a
form approved by the City Attorney, or to one or
more homeowners' associations or property owners'
associations as determined by the City Council at
its sole and unfettered discretion, as a condition
of recordation of the final map defining the area
within which said areas are located. Greenbelts,
buffers, and open space areas may include wetlands,
storm water detention areas, landscaping and
decorative planting areas that do not interfere with
the greenbelt, buffer, and open space uses as
determined by the City at its sole and unfettered
discretion. Such areas not dedicated to City shall
include a conservation easement granted to City in a
form acceptable to the City consistent with Civil
Code Section 815 et sec.
6.10. (a) The Nature Preserve area (PA -27) consisting of
approximately 2,121 acres as depicted in SP
Resolution No. 2005 -2399
Page 248
North Park Ordinance
2001 -01 shall be dedicated or granted by deed
in fee simple interest to the City. Title to
one -third (approximately 708 acres) of the
Nature Preserve shall be irrevocably dedicated
as directed by the City upon the issuance of
the first grading permit in each of the three
(3) SP 2001 -01 phases. The City shall
determine the preserve land so dedicated with
each phase. The Developer shall grant to the
City a license permitting public access to the
trail system depicted in SP 2001 -01 as a
condition of the first grading permit for any
portion of the Nature Preserve not yet conveyed
to the City. Ten years after the issuance of
the first grading permit for the Project the
applicant shall grant to the City the entire
Nature Preserve as depicted in SP 2001 -01.
(b) Concurrent with City acceptance of fee title,
Developer (and at City's sole discretion), the
Homeowners' Association (HOA) when it is
legally a successor to Developer, or as a
maintenance component of a Community Facilities
District if such District is authorized by the
City Council) shall submit an annual payment to
City for the purposes of permanent management,
maintenance, and mitigation monitoring for the
Nature Preserve. On the effective date of this
Agreement, the amount of the Nature Preserve
Maintenance Fee shall be One Hundred Thousand
Dollars ($100,000.00) per year. The Nature
Preserve Maintenance Fee management annual
payments shall be proportionately adjusted to
reflect the proportion of the preserve actually
dedicated. The establishment of the HOA or
other means as approved by City Council at its
sole discretion shall include provisions for
this perpetual obligation. The fee amount
shall be adjusted annually beginning on the
first anniversary of its acceptance by City, as
provided above, by any increase in the Consumer
Price Index (CPI) . 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 the prior year. The calculation shall
be made using the month which is four (4)
Resolution No. 2005 -2399
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North Park Ordinance
months prior to the month in which the payment
is due (e.g., if the fee payment due date
occurs in October, then the month of June is
used to calculate the increase) . In the event
there is a decrease in the referenced Index for
any annual indexing, the Open Space Maintenance
Fee shall remain at its then current amount
until such time as the next subsequent annual
indexing which results in an increase.
In the event the CPI referred to above in this
subsection is discontinued or revised, such
successor index with which it is replaced shall
be used in order to obtain substantially the
same result as would otherwise have been
obtained if the CPI had not been discontinued
or revised.
(c) Concurrently with recordation of the first
final map for each phase of SP 2001 -01,
Developer agrees to grant, in a form acceptable
to City, a conservation easement to retain as
shown in SP 2001 -01, those planning areas
designated as open space within each phase in a
predominantly open space condition consistent
with Civil Code Section 815 et se q., except for
intended uses as shown in the Specific Plan and
as provided for in this Agreement.
(d) No extraction of subsurface mineral resources,
excavation, drilling, pumping, mining, or
similar activity shall be allowed in any
portion of the Property zoned Open Space or in
the Nature Preserve. The limitations and
exclusions described in this subsection shall
be included in the deed or conservation
easements. However, an oil transmission line
shall be permitted to service existing oil
wells outside of the Property. The
transmission line shall be located in public
and private streets within the easternmost
development footprint connecting the off -site
wells to the existing storage tank facility
generally located in PA -45 as generally
depicted in the Exhibit "B ".
6.11. Developer shall provide twenty -seven (27) three (3)
bedroom and two (2) bath single- family units with a
Resolution No. 2005 -2399
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North Park Ordinance
minimum of 1,200 square feet to be sold to buyers
who meet the criteria for low income (80 percent or
less of median income); eighteen (18) three (3)
bedroom and two (2) bath single- family units with a
minimum of 1,200 square feet to be sold to buyers
who meet the criteria for very low income (50
percent or less of median income); twenty -seven (27)
four (4) bedroom and two (2) bath single- family
units with a minimum of 1,320 square feet to be sold
to buyers who meet the criteria for low income (80
percent or less of median income), and eighteen
(18) four (4) bedroom and two (2) bath single- family
units with a minimum of 1,320 square feet to be sold
to buyers who meet the criteria for very low income
(50 percent or less of median income). All single -
family units shall include a standard size two -car
garage with roll -up garage door and a minimum
driveway length of eighteen (18) feet measured from
the back of sidewalk, have a minimum of fifteen (15)
feet for rear yards, twenty (20) feet for front
yards, and sideyards shall be as determined by City
at its sole discretion at time the Residential
Planned Development (RPD) permit is approved;
include concrete roof tiles, and other amenities
generally provided in the market -rate housing within
the City (e.g., air conditioning/ central heating,
washer /dryer hookups, garbage disposal, built -in
dishwasher, concrete driveway, automatic garage door
opener). The aforementioned ninety (90) units are
collectively referred to as the for -sale affordable
housing units. At the City's sole discretion at the
time of RPD approval, the for -sale affordable
housing units may be either attached or detached or
some combination of attached and detached, as well
as City's determination on other requirements and
features for the development of the for -sale
affordable units including but not limited to
requirements for HOA, assessment districts,
standards for interior streets, and other items
typically determined as part of the City's
discretionary approval for tract maps and RPDs.
Developer further agrees that it has the obligation
to provide the required number of for -sale
affordable housing units as specified above
regardless of the cost to acquire or construct said
housing units. Developer further agrees that the
City has no obligation to use eminent domain
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proceedings to acquire any of the required housing
units and that this subsection 6.11 is specifically
exempt from the requirements of subsection 7.2 of
this Agreement.
Prior to recordation of the first final Tract Map
for this Project, the parties agree to execute a
Purchase and Sale Agreement which further sets forth
the Developer's obligations of this subsection 6.11
and the City's obligations per subsection 7.7. The
Purchase and Sale Agreement shall be in
substantially the form attached hereto as Exhibit
"C ". The Developer agrees to pay all City costs for
preparation of the Purchase and Sale Agreement and
its implementation and administration through the
sale and occupancy of the last of the ninety (90)
for -sale affordable housing units.
Developer agrees that the intent of this subsection
6.11 and the Purchase and Sale Agreement is to
provide the ninety (90) for -sale affordable housing
units consistent with applicable State and Federal
laws and that said units remain affordable for the
longest feasible time. Developer further agrees
that the City at its sole discretion will make all
decisions pertaining to the selection of eligible
first time home buyers and all requirements placed
on the sale of the ninety (90) for -sale affordable
housing units to said buyers. The difference
between the initial purchase price by a qualified
buyer and market value shall be retained by the City
as a second deed of trust.
The actual initial purchase price (Affordable Sales
Price) paid by a qualified buyer, market value,
buyer eligibility, resale restrictions, equity
share, and second trust deed provisions, and any
other items determined necessary by the City will be
approved by the City Council consistent with the
provisions in this Agreement and in its sole and
unfettered discretion prior to or at such time as
qualified buyers are selected to purchase the
affordable housing units.
All units shall meet the criteria of all applicable
State laws to qualify as newly affordable to low
income and very low income persons in the quantity
as specified in this Agreement. None of the
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affordable units required by this Agreement shall
duplicate or substitute for the affordable housing
requirement of any other developer or development
project. All subsequent actions required of City
under this subsection 6.11 shall be made at City's
sole discretion. If any conflict exists between
this Agreement and the Purchase and Sale Agreement
or SP 2001 -01, then the provision providing the City
the most favorable language for assisting eligible
first time home buyers who meet the qualifications
of low and very low income shall prevail.
Developer agrees to provide new home warranties for
the maximum time required by State law, but in no
event less than (10) years. The City shall have the
right to approve the home warranty program at its
sole discretion. Developer agrees that all such
warranties shall inure to the benefit of and be
enforceable by the ultimate occupants of the low
income and very low income units, and that all
warranties by subcontractors and suppliers shall
inure to the benefit of and be enforceable by such
occupants. The qualified buyer (or the City in lieu
of a qualified buyer at its sole discretion) shall
have the same choices of finish options as
purchasers of other units in the City and final
walk- through approval of condition of unit before
close of sale. Any options provided to buyers of
similar market rate units in the City shall be
provided to buyer(s) of the required units including
but not limited to color and style choices for
carpeting and other floor coverings. Flooring
selections shall be made within ten (10) days of
Developer's request for selection.
In the event the monthly HOA fees for the affordable
units exceed $100.00 for each affordable unit,
Developer shall deposit $120.00 for each dollar or
portion thereof of the monthly HOA fees that are in
excess of $100.00 into a City administered trust to
assist with future HOA fees for each affected
affordable unit.
The Affordable Sales Price for the low income buyers
shall not exceed affordable housing cost, as defined
in Sec. 50052.5(b) (2) of California Health and
Safety Code. For a household of four (4), the
current monthly "affordable housing cost" would be
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30% times 70% of $80,600.00, the then current median
income for a household of four (4) in Ventura
County, divided by twelve (12) . This monthly amount
includes the components identified in Section 6920
of Title 25 of the California Code of Regulations
shown below. (See Section 50052.5(c) of the Health
and Safety Code.) The Affordable Sales Price for a
low income household of four (4) or fewer would be
$165,000 under current market conditions, based upon
the following assumptions:
Low Income Buyer
Household of Four
Item
Detail
Amount
Initial Purchase
Price
$165,000
Down Payment
5% of Affordable
Sales Price
$8,250
Loan Amount
Affordable Sales
Price less down
payment
$156,750
Interest Rate
5.95%
Property Tax
1.25% of
Affordable Sales
Price
$172 /mo.
HOA
$100 /mo.
Fire Insurance
$20 /mo.
Maintenance
$30 /mo.
Utilities
$171 /mo.
The Affordable Sales Price for a low - income
household of five (5) or more would be based on the
affordable housing cost for the actual household
size.
The assumptions associated with the above purchase
price figures for low income households include a 5%
down payment, based on the Affordable Sales Price,
mortgage interest rate of 5.95 %, no mortgage
insurance, property tax rate of 1.25 %, based on
Affordable Sales Price, homeowners' association dues
of $100 per month, fire insurance of $20 per month,
maintenance costs of $30 per month, and utilities of
$171 per month for a household of four (4), assuming
a three (3) bedroom unit.
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The Affordable Sales Price for the very low - income
buyers shall not exceed affordable housing cost, as
defined in Section 50052.5(b)(2) of California
Health and Safety Code. For a household of four
(4), the current monthly "affordable housing cost"
would be 30% times 500 of $80,600.00, the current
median income for a household of four (4) in Ventura
County, divided by twelve (12). This monthly amount
includes the components identified in Section 6920
of Title 25 of the California Code of Regulations
shown below. (See Section 50052.5(c) of the Health
and Safety Code.) The Affordable Sales Price for a
very low income household of four (4) or fewer would
be $104,000.00 under current market conditions,
based upon the following assumptions:
Very Low Income Buyer
Household of Four
Item
Detail
Amount
Initial Purchase
Price
$104,000
Down Payment
50 of Affordable
Sales Price
$5,200
Loan Amount
Affordable Sales
Price less down
payment
$98,800
Interest Rate
5.95%
Property Tax
1.25% of
Affordable Sales
Price
$108 /mo.
HOA
$100 /mo.
Fire Insurance
$20 /mo.
Maintenance
$30 /mo.
Utilities
$171 /mo.
That Affordable Sales Price for a very low income
household of five (5) or more would be based on the
affordable housing cost for the actual household
size.
The assumptions associated with the above purchase
price figures for very low income households include
a 5% down payment, based on the Affordable Sales
Price, mortgage interest rate of 5.95%, no mortgage
insurance, property tax rate of 1.25%, based on
Initial Purchase Price, homeowners' association dues
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of $100 per month, fire insurance of $20 per month,
maintenance costs of $30 per month, and utilities of
$171 per month for a household of four (4), assuming
a three (3) bedroom unit.
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 the 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 to
achieve substantially the same result as would
otherwise have been obtained had it not been
changed.
In the event the City, at its sole discretion
purchases one or more of the for -sale affordable
units from Developer in lieu of a qualified buyer,
the Affordable Sales Price shall be based on a
household size of four (4) persons and consistent
with all requirements of this subsection 6.11.
Developer agrees that 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 and very
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.
Developer shall pay closing costs for each unit, not
to exceed $6,000. Beginning March 1, 2007, and on
March 1St for each subsequent year, the maximum
$6,000 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 /Orange /Riverside metropolitan area
during the prior year. The calculation shall be
made using the month of December over the prior
month of December. In the event there is a decrease
Resolution No. 2005 -2399
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in the CPI for any annual indexing, the amount due
shall remain at its then current amount until such
time as the next subsequent annual indexing which
results in an increase. In the event the CPI
referred to above in this subsection is discontinued
or revised, such successor index with which it is
replaced shall be used in order to obtain
substantially the same result as would otherwise
have been obtained if the CPI had not been
discontinued or revised.
The referenced Developer funded closing costs shall
be for the benefit of qualified buyers (or City in
lieu of qualified buyers as determined by City at
its sole discretion for one or more of the required
units) 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 prior to the
closing of the initial sale to a qualified buyer or
the City in lieu of a qualified buyer.
In addition to the aforementioned closing costs, as
part of the sale of each for -sale affordable housing
unit, Developer also agrees to pay City three
percent (30) of the then applicable Affordable Sales
Price (Processing Fee) to pay City for City staff
time, contract services, out -of- pocket costs, and
related costs for the services necessary to process
the Affordability Documents and to qualify eligible
buyers. Developer further agrees that this
Processing Fee shall be paid to City at Developer's
initial sale of each for -sale affordable housing
unit whether it is sold to a qualified buyer
selected by the City or the City in -lieu of a
qualified buyer as determined by the City at its
sole discretion.
Prior to approval of the first residential occupancy
in SP 2001 -01, Developer must have received city
approval of a tentative tract map and residential
planned development (RPD) permit and any other
required permits and approvals to allow construction
of the referenced ninety (90) for -sale affordable
housing units on PA -9 within SP 2001 -01. Developer
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shall be responsible for the following at its sole
cost and expense:
(a) Processing of City required entitlements
including but not limited to Tentative Tract and
Final Map and Residential Planned Development
Permit (RPD).
(b) Payment of all required City fees for processing
of applications for (a), above, consistent with
City's Fee Schedule in effect at the time an
application is filed with the City.
(c) Pay all City capital improvement and mitigation
fees including but not limited to those fees
required in subsections 6.3, 6.4, 6.5, 6.12,
6.16, 6.19, and 6.32 of this Agreement.
(d) Grade the site per approved map, install all
utilities, and construct all public and private
improvements consistent with City standards
typical for such subdivision.
If for any reason less than ninety (90) dwelling
units are approved for PA -9 by the City, Developer
shall pay Three Hundred Thousand Dollars
($300,000.00) to City for each unit less than the
required ninety (90) units. The total amount shall
be due and payable prior to occupancy of the first
for -sale affordable housing unit. This amount shall
be adjusted on March 1, 2007, by any increase in the
median price of single- family detached for -sale
housing in Ventura County as most recently published
by Data Quick (Housing Index) and annually
thereafter on each January 1. In the event there is
a decrease in the Housing Index for any annual
indexing, the amount due shall remain at its then
current amount until such time as the next
subsequent annual indexing which results in an
increase.
In the event the Housing Index referred to above in
this subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
Housing Index had not been discontinued or revised.
Resolution No. 2005 -2399
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In the event less than ninety (90) for -sale
affordable housing units are approved, the first
such unit deducted from the required number of units
shall be a low income unit, and the second unit a
very low income unit, and so forth in the same
order. The ninety (90) for -sale affordable housing
units shall have all received final inspection
approval prior to the issuance of the 501St market -
rate building permit.
Developer agrees to guarantee the affordability of
ninety (90) residential rental units for the life of
the Project as follows: thirty -six (36) units at
very low income (50% of median income) and fifty -
four (54) units at low income (60% of median
income). The ninety (90) residential rental units
shall be referred to as affordable rental units and
shall be located in PA -49 of SP 2001 -01. The
affordable rental units shall consist of twenty (20)
two bedroom and one (1) bath units with a minimum of
680 square feet and seventy (70) one (1) bedroom and
one (1) bath units with a minimum of 630 square feet
as follows:
2 Bedroom 1 Bedroom Total
Low 12 42 54
Very Low 8 28 36
Total 20 70 90
The method of selecting eligible tenants, tenant
eligibility requirements including minimum age
restrictions, the respective roles of the City and
the Developer, and any other items determined
necessary by the City shall be set forth in an
Affordable Housing Implementation and Rental
Restriction Plan (the "Plan "). The Plan shall set
forth the minimum age requirements for tenants and
residents consistent with applicable state and
federal laws and restrict the rents of all ninety
(90) units as referenced above and shall be
consistent with this Agreement and approved by the
City Council in its sole and unfettered discretion
prior to the final inspection and occupancy
approval for the first residential unit in the
Project. The Developer and City shall, prior to
the occupancy of the first residential unit for the
Project, execute an Affordable Housing Agreement
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that incorporates the Plan in total and is
consistent with this Agreement. Developer further
agrees that the Plan and Affordable Housing
Agreement shall include minimum age of tenants and
other requirements so that both the 54 new low
income and 36 new very low income units are counted
as meeting the City's goals in its Housing Element
as may be amended from time to time and the goals
in the Regional Housing Needs Allocation Plan as
may be amended from time to time. Developer agrees
to the extent permitted by applicable state and
federal law to grant priority to eligible Moorpark
residents for the life of the Project. Developer
shall pay the City's direct costs for preparation
and review of the Plan and the Affordable Housing
Agreement, up to a maximum of Ten Thousand Dollars
($10,000.00). By mutual agreement of Developer and
City, in lieu of the aforementioned Affordable
Housing Agreement, these provisions may be
incorporated into the Regulatory Agreement if
revenue bonds are issued by the City for this
Project.
Construction of the ninety (90) affordable rental
units shall be completed and available for
occupancy prior to the earlier of the issuance of
the 1,101st market -rate unit building permit for
the Project or the completion of construction of
50% of the retail center in PA -49.
In addition, the Developer agrees not to convert
the Project to for -sale condominiums, community
apartments, planned development, stock cooperative,
or other common interest development, or as
congregate care or assisted living facility for the
life of the Project. The approval process and
construction for the ninety (90) affordable rental
units shall include payment of all City improvement
and mitigation fees including but not limited to
those fees required in subsections 6.3, 6.4, 6.5,
6.12, 6.16, 6.19, and 6.32 of this Agreement.
In the event the affordable rental units are exempt
from the payment of any portion or all of the real
secured and unsecured property taxes, Developer
shall pay City a fee to offset such loss of
property tax payment to the City. Developer agrees
prior to occupancy of the first residential unit
Resolution No. 2005 -2399
Page 260
for the Project,
the City to pay
City would have
from said payment
shall include but
North Park Ordinance
to enter into an agreement with
the City each year the amount the
received if they were not exempt
of property taxes. The agreement
not be limited to:
A. If that portion of the Project encompassing
the affordable rental units is sold or
transferred to another entity, the fee
amount shall increase based on the new value
of the property as if it was reassessed
consistent with applicable laws.
B. The first year amount shall be based on
Eight Hundred Dollars ($800.00) for each One
Million Dollars ($1,000,000.00) of value of
the property as if it was assessed for
property tax purposes consistent with
applicable laws.
C. The payment amount shall increase two
percent (2 %) each year above the prior year
amount except as noted in A., above. In no
event shall there be a decrease in the
amount paid in any year compared to the
prior year.
D. Payments shall be made twice each year on
dates as mutually agreed upon with
provisions for penalties and interest in the
event of late or non - payment.
6.12. Developer agrees that the Mitigation Measures
included in the EIR and approved Mitigation
Monitoring and Reporting Program, or subsequent
environmental clearance document approved by the
City Council, set forth the mitigation requirements
for air quality impacts. Developer agrees to pay to
the City an air quality mitigation fee, as described
herein (Air Quality Fee), in satisfaction of the
Transportation Demand Management Fund mitigation
requirement in the EIR for SP 2001 -01. 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.
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At the time the Fee is due, the City may at its sole
discretion require Developer to purchase equipment,
vehicles, or other items, contract and pay for
services, or make improvements for which Developer
shall receive equivalent credit against Air Quality
Fee payments or refund of previous payments.
The Air Quality Fee shall be One Thousand, Six
Hundred Thirty -Six Dollars ($1,636.00) per market -
rate residential unit and for -sale affordable
housing unit to be paid prior to the issuance of
each building permit. Commencing on March 1, 2007,
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 /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month of
December over the prior month of December. 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.
In the event the CPI referred to above in this
subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
CPI had not been discontinued or revised.
For commercial uses, and affordable rental units,
the Air Quality Fee shall be calculated by the
Community Development Director consistent with the
then applicable Ventura County Air Quality
Management District URBEMIS Model prior to the first
occupancy approval for each commercial use and final
inspection for such affordable rental unit.
6.13. Developer hereby agrees that densities vested and
incentives and concessions received hereunder
include all densities available as density bonuses
and all incentives and concessions to which
Developer is entitled under the Moorpark Municipal
Code and Government Code Sections 65915 through
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65917.5; Developer shall not be entitled to further
density bonuses or incentives or concessions.
6.14. Developer agrees to cast affirmative ballots for the
formation of one or more assessment districts and
levying of assessments, for the maintenance of
slope, parkway, and median landscaping and street
lighting, including but not limited to all water and
electricity costs, and if requested by the City
Council, parks for the provision of special benefits
conferred by same upon properties within the
Project. Developer further agrees to form one or
more property owner associations and to obligate
said associations to provide for maintenance of
parkway and median landscaping and street lighting
in the event the aforementioned assessment district
is dissolved or altered in any way or assessments
are reduced or limited in any way by a ballot
election of property owners, or if the assessment
district is invalidated by court action. Prior to
recordation of the first final map for the Property,
if required by the City at its sole discretion,
Developer shall also form one or more property owner
associations to assume ownership and maintenance of
open space land, trails, storm water detention
and /or debris basins and related drainage
facilities, landscaping, and other amenities, and to
comply with the National Pollutant Discharge
Elimination System (NPDES) requirements of the
Project. The obligation shall be more specifically
defined in the Implementation Plan and Subsequent
Approvals.
6.15. Prior to issuance of the first grading permit for
each phase of grading as described in SP 2001 -01,
all oil drilling, pumping and extraction easements,
and any other mineral rights shall be acquired by
Developer for that portion of the Nature Preserve to
be dedicated to City with that phase of grading.
However, an oil transmission line shall be permitted
to service existing oil wells located outside of the
Property. The transmission line shall be located in
public and private streets within the easternmost
development footprint connecting the off -site wells
to the existing storage tank facility generally
located in PA -45 as generally depicted in Exhibit
"B ". This shall be more specifically addressed in
Resolution No. 2005 -2399
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the Implementation Plan referenced in subsection
6.31. of this Agreement.
6.16. Developer shall pay the Los Angeles Avenue Area of
Contribution (AOC) fee for each residential lot,
non - residential, and commercial use prior to the
issuance of a building permit for each lot or use.
The AOC fee shall be the dollar amount in effect at
the time of issuance of the building permit for each
residential lot, non - residential, and commercial
use.
6.17. Developer shall install landscape screening along
the west side of PA -15 along the rear of the homes
on University Drive. The landscape plans shall be
approved by the Community Development Director.
Installation of the landscaping shall occur prior to
the issuance of the first building permit for the
Property.
6.18. Prior to submittal of an application for any
subdivision or the issuance of a grading permit
whichever comes first, Developer shall acquire the
approximate 9.1 -acre portion of SP 2001 -01 owned by
the Ventura County Community College District
( VCCCD) and any land owned by VCCCD necessary for
the connection of Collins Drive to "A" and "E"
streets. Upon acquisition by Developer such
property shall be included within the definition of
Project and Property as set forth herein and City
may record this Agreement against the title thereto.
6.19. Developer agrees to pay a Property Fee prior to
issuance of the final inspection approval for each
market -rate residential unit as follows:
The greater of:
1. Thirty Thousand Dollars ($30,000.00) per
residential unit adjusted annually commencing
January 1, 2007, and each January 1 thereafter by
any increase in the median price of single- family
detached for -sale housing in Ventura County as most
recently published by Data Quick (Housing Index).
In the event there is a decrease in the Housing
Index for any annual indexing, the Property Fee
shall remain at its then current amount until such
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time as the next subsequent annual indexing which
results in an increase.
In the event the Housing Index referred to above in
this subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
Housing Index had not been discontinued or revised.
•-
2. Two percent (20) of the total final sales price
of the real property as improved (lot and all
structures) as reported to the Ventura County
Assessor.
In the event the lot or dwelling unit, or both, are
leased rather than sold to a Bonafide Purchaser,
then prior to the effective date of the lease
agreement, the Developer at its cost shall cause an
appraisal to be prepared for the property to be
leased to determine its fair market value. The
appraised value will be used as the final sales
price for purposes of calculating the applicable fee
under 1 or 2 above. The appraiser shall be selected
by the City Manager or his /her designee.
Developer agrees that the Property Fee for
commercial uses shall be Fifty -Seven Thousand
Dollars ($57,000.00) per acre adjusted annually
commencing January 1, 2007, and each January 1
thereafter by any increase in the value of
commercial properties in Ventura County as most
recently published by Data Quick (Annual Index). In
the event there is a decrease in the Annual Index
for any annual indexing, the Property Fee shall
remain at its then current amount until such time as
the next subsequent annual indexing which results in
an increase.
In the event the Annual Index referred to above in
this subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
Annual Index had not been discontinued or revised.
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The Property Fee for commercial uses shall be paid
prior to issuance of final occupancy by the City.
Thirty -three (33) years after the Effective Date of
this Agreement, the City, at its sole discretion,
may require Developer to pay the Property Fee for
all remaining residential and commercial lots /uses,
whether or not they have been created as part of a
final map, based on the total number of residential
lots /units and commercial acres approved in SP 2001-
01. The Property Fee shall be the amount most
recently paid for residential lots /units and
commercial acres.
The Developer shall pay a Property Fee for the for -
sale affordable units of two percent (2 %) of the
Affordable Sales Price. The Property Fee for the
very low income affordable rental units shall be two
percent (2 %) of the then current Affordable Sales
Price for the very low income for -sale affordable
housing unit, and the Property Fee for the low
income affordable rental units shall be two percent
(2 %) of the then applicable Affordable Sales Price
for the low income for -sale affordable housing
units. The Affordable Sales Price shall be
calculated using the method prescribed in subsection
6.11 of this Agreement whether or not any of the
for -sale affordable units are still available for -
sale by the Developer.
The intent of this subsection is that the Property
Fee will be paid, whether the dwelling unit or land
is sold or leased, prior to occupancy. The Property
Fee may be expended by the City at its sole and
unfettered discretion.
6.20. Developer agrees that any fees and payments pursuant
to this Agreement shall be made without reservation,
and Developer expressly waives the right to payment
of any such fees under protest pursuant to
California Government Code Section 66020 and
statutes amendatory or supplementary thereto.
Developer further agrees that the fees it has agreed
to pay pursuant to subsections 6.3., 6.5., 6.9.,
6.11., 6.12., 6.19., and 6.29. of this Agreement are
not public improvement fees collected pursuant to
Government Code Section 66006 and statutes
amendatory or supplementary thereto.
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6.21. On the Effective Date of this Agreement, Developer
shall pay City $20,000.00 (Administrative Fee) for
the City's cost to administer this Agreement. City
shall charge its staff time at then applicable
hourly rates for time spent on administering this
Agreement. All out of pocket costs including but not
limited to engineering, legal, and planning services
shall be charged at direct cost plus 15% for City
overhead cost. Upon City's written request and
provision of expenditures to date showing that at
least 80% of the Administrative Fee deposited with
City has been expended, Developer shall deposit an
additional $20,000.00 for this purpose. Developer's
obligation for payment of the Administrative Fee
shall cease at such time as Developer has paid the
then applicable Condition Compliance Fee for 500
residential units.
6.22. 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 certified EIR and approved MMRP.
6.23. Developer shall construct the Freeway Interchange
and the four -lane arterial street connecting said
Interchange to the Property ( "Access Road "), as
identified in SP 2001 -01. To ensure timely
completion of the Freeway Interchange and Access
Road, Developer shall satisfy the following
thresholds:
(a)Title to the lands necessary to construct the
Interchange and Access Road must be acquired by
the Developer prior to issuance of the first
grading permit for SP 2001 -01;
(b)The Freeway Interchange Project Study Report and
Project Report must be approved by Caltrans prior
to approval of the first final map on SP 2001 -01;
(c)The Freeway Interchange Encroachment Permit must
be issued by Caltrans prior to issuance of the
250th residential building permit on SP 2001 -01;
Resolution No. 2005 -2399
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North Park Ordinance
(d) The Freeway Interchange and Access Road must be
fully funded and construction have commenced
prior to issuance of the 300th building permit on
SP 2001 -01;
(e) The Freeway Interchange and Access Road must be
completed and operational prior to issuance of
the 501st residential building permit on SP 2001-
01; and
(f) Except as described herein as to PA -28 and PA -29,
no vegetation shall be removed in Phases B and C
of SP 2001 -01 and no land shall be graded within
the grading limits of Phases B and C of SP 2001-
01 until construction of the Freeway Interchange
and Access Road are: (i) fully permitted; (ii)
fully funded to ensure completion; (iii) at a
point in construction where completed and
approved work represents at least fifty percent
(50 %) of the budgeted construction costs; and
(iv) not more than twelve (12) months from
expected completion, as determined by the City
Community Development Director. This provision
shall not apply to vegetation removal or grading
necessary for soils testing or archeological
resources testing. Vegetation clearing and
grading in PA -28 and PA -29 shall be permitted
consistent with this Agreement and an early
grading agreement when the Freeway Interchange
and Access Road are fully permitted and funded to
ensure completion.
In the event the Developer is unable to acquire by
purchase the right -of -way necessary to construct the
Access Road, and if requested in writing by
Developer and limited to the City's legal authority,
the City may proceed to acquire, at Developer's sole
cost and expense, easements, or fee title to such
land in which Developer does not have title or
interest in order to allow construction of public
improvements required of Developer, including any
land outside the City's boundaries, pursuant to the
provisions of sections 6.26 and 7.2 herein.
6.24. Developer shall provide to the Ventura County Fire
Protection District (Fire District) title, access
and all utilities for a 1.5 -acre net usable site
(PA -23, unless modified as discussed below), for a
Resolution No. 2005 -2399
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North Park Ordinance
fire station prior to issuance of the 501st
residential building permit. Alternately, the fire
station may be located on a site within the
Community Park (PA -10) mutually agreeable to the
City and the Fire District. If the City and Fire
District cannot agree on such a site, the fire
station shall remain in PA -23. The land shall be
deed restricted in the form of a covenant running
with the land to limit use of the land to a fire
station, and the covenant shall be recorded in the
offices of the County Recorder of the County of
Ventura concurrently with the deed transferring fee
title to the Fire Protection District. The covenant
shall include an optional right of reversion or
remainder in the event of the failure of the grantee
to use the property for a fire station, which right
Developer agrees to convey to the City at City's
election.
Developer shall install traffic signal traffic pre-
emption control devises at the main intersection
directly in front of the fire station and at other
traffic signals within SP 2001 -01, as determined by
the City Engineer.
Developer agrees that the City Council shall not
approve any tentative map for any portion of the
Property until Developer has entered into an
agreement (Fire Services Agreement) with the Ventura
County Fire Protection District (Fire District) and
City that includes but is not limited to Developer's
obligations to fund the construction of a fire
station in the Project (or another location within
the City as approved by City and Fire District)
including the potential for advance payment of Fire
Facility Fees and the Fire District's commitment to
occupy and staff said fire station.
6.25. Developer a
deposits as
discretion t
proceedings
formation of
as reference
which may be
of a CFD, or
the commence
Said costs
grees to provide the City with cash
the City may require at its sole
o pay all City and related costs for the
and related services for possible
a Community Facilities District (CFD)
d in subsection 7.6. of this Agreement,
required to be paid prior to formation
in the event a CFD is not formed, after
ment of proceedings related thereto.
may include but are not limited to
Resolution No. 2005 -2399
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North Park Ordinance
attorney fees, engineering fees, City staff costs,
and City overhead expenses of fifteen percent (150)
on all out of pocket and professional service costs.
In the event a CFD is authorized, the Developer
agrees, to the extent permitted by law, to exclude
the nature preserve, school site, public park sites,
fire station site, the for -sale affordable housing
units, and the affordable rental housing units from
any CFD assessments. In the event any of the
aforementioned lots or uses are taxed for any CFD,
Developer agrees to prepay such special taxes.
Developer further agrees that the City may at its
sole discretion select the bond counsel,
underwriter, financial advisor, and any other
professional service provider the City deems
necessary to process the possible formation of a
CFD.
6.26. Developer agrees that notwithstanding any other
provision of this Agreement, any decision to acquire
property by eminent domain shall be at the 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. The process shall generally follow
Government Code section 66457 et seq. and shall
include the obligation of Developer to enter into an
agreement with the 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, and City overhead
expenses of fifteen percent (15 %) on all out -of-
pocket costs and City staff costs. Nothing in this
provision compels the City to complete the eminent
domain process if, in the sole and unfettered
judgment of the City Council, condemnation of any
such property is not in the public interest. A
decision by the City Council not to complete the
eminent domain process shall not relieve the
Developer from any requirements of the Project and
does not constitute a waiver of the offsite
improvements, pursuant to Government Code section
66457 et seq. Furthermore, any decision of the City
Council not to acquire property by eminent domain
shall not constitute a breach of this Agreement.
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North Park Ordinance
6.27. Developer shall cooperate, and pay all direct,
indirect, and out -of- pocket costs, to process an
application for expansion of the City's Sphere of
Influence and annexation of the property encompassed
by SP 2001 -01 to the City of Moorpark. Said costs may
include but are not limited to attorney fees,
engineering fees, City staff costs, and City overhead
expenses of fifteen percent (15 %) on all out of
pocket and professional service costs.
6.28. Developer shall use an interim construction access
route for SP 2001 -01 through the existing access
easement on the Waste Management Property at the
east end of Campus Park Drive, provided the
following conditions are satisfied:
(a)Access by heavy construction trucks shall be
limited to 500 trips per week with a maximum of
160 trips in any given day;
(b)Developer shall complete those Collins /Campus
Park Drive /SR -118 improvements as defined in
Exhibit "D" over which the City has full permit
authority, prior to issuance of the first grading
permit for onsite development. Developer agrees
to complete all Collins /Campus Park Drive /SR -118
improvements as defined in Exhibit "E" prior to
the issuance of the first building permit for the
Project;
(c)Heavy construction truck traffic shall be limited
to the hours between 8:00 a.m. and 4:00 p.m.,
Monday through Friday and shall not be permitted
on weekends and City holidays;
(d) Developer shall sweep Campus Park Drive between
Collins Drive and Campus Road on each day for
which there are more than 25 truck trips on
Campus Park Drive or as directed by the City
Engineer;
(e)Developer shall make an offer to pay twenty
thousand dollars ($20,000.00) to the owners of
each of the nineteen (19) homes backing onto
Campus Park Drive and the two (2) homes on
Kernvale Avenue at the terminus of Delfen Street
that directly face Campus Park Drive (the 21 lots
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North Park Ordinance
are identified by APN in Exhibit "F ") before the
issuance of the first grading permit for this
Project. The Developer will offer to pay to each
of the homeowners on the first anniversary of the
initial payment offer two thousand, five hundred
dollars ($2,500.00). The Developer will offer to
pay to each of the homeowners ten thousand
dollars ($10,000.00) on the third anniversary of
the initial payment offer, and each year
thereafter until the freeway off -ramp is
completed or construction traffic on Campus Park
Drive ceases.
(f) Trucks shall not queue on Campus Park Drive, or
any other public street; Developer shall provide
a staging area out of the line of sight from the
residents in Tract No. 2668.
(g)Developer shall provide the City a deposit
sufficient to fund the monitoring of these
conditions in amounts as determined by the City
at its sole discretion;
(h)Developer shall install wrought iron fencing and
block pilasters, and landscaping screening along
the west and north sides of College View Park,
along Collins Drive and Campus Park Drive. Such
wrought iron fencing shall be similar in design
and the same quality as the fencing installed in
Tierra Rejada Park and the landscape and fencing
plans including exact location shall be approved
by the Community Development Director and Parks,
Recreation, and Community Services Director.
Installation of the fencing and landscaping shall
occur prior to the issuance of the first grading
permit for the Property. Developer shall also
replace in kind, or in cash, as determined by
City in its sole discretion, all park
improvements removed as a result of the widening
of Collins Drive and Campus Park Drive required
by the EIR, Project Approvals, or Subsequent
Approvals; and
(i)Developer shall keep the pavement in the affected
portion of Campus Park Drive in good condition as
determined by the City Engineer at his /her sole
discretion during the time it is used as interim
construction access including but not limited to
Resolution No. 2005 -2399
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North Park Ordinance
pothole repair, crack seal, slurry seal, and
asphalt overlay. Within sixty (60) days of
termination of Developer's use of said road as
interim construction access, Developer shall
provide a minimum two (2) inch rubberized asphalt
overlay of the street including any necessary
preparatory work including but not limited to
crack sealing, pavement fabric, remove and
replace failed areas, and grinding operations, or
if as determined by the City Engineer in his /her
sole discretion and based on reflective tests or
similar evaluative study, the street shall be
reconstructed.
(j)Developer will use its best efforts to obtain
approval from the Moorpark Unified School
District to move the bus stop to an acceptable
location subject to the approval of the owners of
lots identified in Exhibit "F ".
Failure to comply with the above conditions shall
be cause for the City to halt all construction
activity within the boundaries of SP 2001 -01,
until such time as the City is satisfied that
plans are in place to ensure such failure will
not be repeated.
6.29. Developer agrees to pay to the City no later than
thirty (30) days after City Council action calling and
giving notice of an election for the voters to
consider approval of this Agreement, Fifty Thousand
Dollars ($50,000.00) for the preparation of a City-
wide Parks Master Plan.
6.30. Developer agrees that the City will not approve any
tentative map for any portion of the Property until
the Developer has executed a mitigation agreement with
the Moorpark Unified School District (MUSD) in
substantial conformity with provisions of the North
Park Village Memorandum of Understanding approved by
the MUSD on March 8, 2005.
Developer further agrees that any land within the
Project area that is dedicated to MUSD, or any
successor district, shall be deed restricted in the
form of a covenant running with the land to limit use
of the land to public school facilities, kindergarten
through 12th grade, and the covenant shall be recorded
Resolution No. 2005 -2399
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North Park Ordinance
in the offices of the County Recorder of the County of
Ventura concurrently with the deed transferring fee
title to MUSD or a successor district. The covenant
shall include an optional right of reversion or
remainder in the event of the failure of the grantee
to use the property as set forth herein, which right
Developer agrees to convey to the City at City's
election.
6.31. 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 of an Implementation
Plan to specifically address the requirements for
implementation, phasing, financing, construction, and
responsibilities for the maintenance of on- and off -
site improvements, facilities, and services including
rough and final grading plans for the Project, open
space, parks, streets and roads, trails, drainage,
water, recycled water, and wastewater treatment
improvements required for implementation of the
Specific Plan development, including the requirements
required for each approved phase of the Project. The
Implementation Plan shall also address the specific
requirements to be completed and the entity
responsible for each item including the amount, type
and form of sureties to guarantee all required items
as well as the responsible entities. The approval of
the Implementation Plan and any amendments thereto
shall be at the City Council's sole discretion. Prior
to sale or any transfer of ownership of any portion of
the Property (except individual lots after
construction of houses), Developer shall seek City
approval of an amendment to the Implementation Plan to
address the responsibilities of each entity. Developer
agrees to accept the Implementation Plan as approved
by the City and to install the improvements as
determined by the City and at such times as deemed
necessary by the City Council.
The design and construction of all improvements
addressed in the Implementation Plan shall be
consistent with standards, plans, and specifications
as determined by the City Council at its sole
discretion. Developer shall pay City's costs for plan
check, inspection, and administration of such
processes including City overhead and administrative
costs.
Resolution No. 2005 -2399
Page 274
In addition to the
Implementation Plan
to the following:
North Park Ordinance
general items referenced above, the
shall include but not be limited
(a) Provision obligating the Developer for the long-
term maintenance of public and private streets
within the Project and all off -site public
streets that are used by construction vehicles.
This obligation may not extend longer than one
year after final inspection approval of the
1500th market rate unit in the Project.
(b) Construction of storm drain systems including
detention basins and compliance with all
applicable federal, State, and county
regulations including but not limited to NPDES.
(c) Installation of utilities to all sites planned
for public uses including but not limited to
domestic and recycled water, sewer, storm
drains, gas, electric, telephone, cable
television, and fiber optics.
(d) Construction of sidewalk on the north side of
Campus Park Drive between Delfen Street and
Collins Drive.
(e) Installation of landscaping within a portion of
the existing sidewalk on the south side of
Campus Park Drive between College View Park and
Beragan Street.
(f) Construction of a raised median on Campus Park
Drive between Delfen Street and Campus
Road /Beragan Street and landscaping in the
median on Campus Park Drive between Collins
Drive and Campus Road /Beragan Street.
(g) Construction of raised landscape median on
Collins Drive from Campus Park Drive to its
terminus with "A" Street.
(h) Determination on the funding mechanism for the
maintenance of items 5., 6., and 7. above.
(i) Construction of the extension of Collins Drive
from University Drive (northeast location) to
Resolution No. 2005 -2399
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North Park Ordinance
its intersection with "A" Street including
construction of sidewalk and bike lanes on both
sides and landscaping on the northwest side.
(j) Construction of a second southbound lane on
Collins Drive from Hearon Drive to Benwood
Drive.
(k) Preparation of a Lake Management Plan with
provisions for construction, management,
maintenance, and public access for related
public facilities and including but not limited
to docks, boat rentals, trails, and construction
of a swim lagoon as part of the lake with
restrooms, and shower /changing facilities.
(1) Installation of traffic signals or other traffic
control devices at:
1. "A" Street and Collins Drive (currently
Campus Road owned by VCCCD)
2. "E" Street and Collins Drive (currently
Campus Road owned by VCCCD)
3. University Drive (southwest location) and
Collins Drive
4. Hearon Drive and Collins Drive
S. Intersections within the Project
(m) Transit Plan to serve the Project.
(n) Schedule for dedication of sites for public uses
not specifically addressed in the Development
Agreement.
(o) Provisions to address the potential for -sales of
residential lots to other developers and
subsequent sales that do not include required
RPD provisions.
(p) Location, improvement, ownership, and
maintenance of fire access roads.
(q) Developer's maintenance obligation for on- and
off -site parkway, slope and median maintenance,
street lighting, private and public park
maintenance, storm drain systems including
detention basins, culverts, pipes, and
compliance with National Pollutant Discharge
Resolution No. 2005 -2399
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North Park Ordinance
Elimination System (NPDES) requirements of the
Project, private and public trails, private and
public streets, Nature Preserve, and public and
private open space areas, and all other
properties planned to be owned by a public
entity or in some form of common ownership.
City Council shall at its sole discretion
determine in addition to existing Citywide
maintenance districts for parks, street lighting
and median, slope and parkway landscaping, what
additional maintenance districts the Project
shall be subject to and for what purposes. The
City Council shall also determine at its sole
discretion what maintenance responsibilities
shall be assigned to one or more property owner
associations.
(r) Include a schedule for payment of costs by
Developer to City for managing and implementing
the MMRP during the build out of the Project.
(s) Elimination of all oil drilling, pumping, and
extraction rights and easements, and all other
mineral rights from the Nature Preserve (PA -27).
However, an oil transmission line shall be
permitted to service existing oil wells outside
of the Property. The transmission line shall be
located in public and private streets within the
easternmost development footprint connecting the
off -site wells to the existing storage tank
facility generally located in PA -45 as generally
depicted in the Exhibit "B ".
(t) Construction of a multi -use trail from the
southerly terminus of Freeway Interchange and
Access Road to Arroyo Drive /Los Angeles Avenue
in the vicinity of Oak Park contingent on
approval of the County of Ventura Board of
Supervisors (County) . In the event approval by
the County is not obtained within 360 calendar
days of Developer's written request, the City
Council may at its sole discretion require
payment of an in lieu fee in an amount as set
forth in the Implementation Plan.
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North Park Ordinance
(u) Determination on the necessity for a school
crossing guard and the amount to be paid by
Developer for this purpose.
(v) City Council in its sole and unfettered
discretion shall determine whether or not to
require an access easement from one or more
properties to the west through the Property to
connect to the Access Road.
6.32. 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 for each residential and
commercial lot or use. Said fees include but are
not limited to Library Facilities Fees, Police
Facilities Fees, Fire Facilities Fees, Arts in
Public Places Fee, 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 Effective
Date of this Agreement and such future fees imposed
as determined by City in its sole discretion so long
as said fee is imposed on similarly situated
properties.
6.33. Developer agrees at its sole cost to install traffic
signals at any intersection within the Project as
determined by the City in its sole discretion. Final
design, plans, and specifications shall be as
approved by the City Council. Developer shall also
pay City's costs for plan check and inspection plus
City administrative costs.
6.34. Developer shall construct public streets adjacent to
school and park sites as depicted in the Specific
Plan regardless of whether said streets are
designated as local or collector streets for a
length and to a standard that includes a curb -to-
curb width of between 48 feet and 60 feet as
determined at City's sole and unfettered discretion
in order to provide street parking, bike lanes, and
turn lanes in addition to at least two (2) travel
lanes and necessary transitions.
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North Park Ordinance
6.35. Developer agrees to pay all property taxes (regular
and supplemental), special assessments, CFD
assessments, and all other components of its
property tax bills on or prior to the dates
specified in the statements provided to it by the
Ventura County Tax Collector.
6.36. All public streets shall be constructed in a manner
to provide a fifty year (50 -year) life as determined
by the City Engineer and the final two inches (2 ")
of pavement shall consist of rubberized asphalt.
6.37. Prior to issuance of the first grading permit for
the Property, pay City $100,000.00 as a contribution
for the required updates to the General Plan
Elements necessitated by the approval of SP 2001 -01.
Commencing on January 1, 2007, and annually
thereafter, this amount shall be adjusted by any
increase in the Consumer Price Index (CPI) until all
Community Services 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 /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month of August
over the prior month of August. In the event there
is a decrease in the CPI for any annual indexing,
the Community Services Fee shall remain at its then
current amount until such time as the next
subsequent annual indexing which results in an
increase.
In the event the CPI referred to above in this
subsection is discontinued or revised, such
successor index with which it is replaced shall be
used in order to obtain substantially the same
result as would otherwise have been obtained if the
CPI had not been discontinued or revised.
6.38. Developer agrees that in the event the cable
television services or their equivalent are provided
to the Project under collective arrangement or any
collective means other than by a City Cable
Franchisee (including, but not limited to,
programming provided over a wireless or satellite
system contained within the Project), the
responsible Developer or successor entity shall pay
Resolution No. 2005 -2399
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North Park Ordinance
monthly to City an access fee of five percent (50)
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. Developer
further agrees that in the event cable television
services or their equivalent are provided to the
Project by any means other than by a City Cable
Franchisee, that the City's government channel shall
be available to all units as part of any such
service on the same basis as if the Project was
served by a City Cable Franchisee. Developer also
agrees to add this language to any Regulatory
Amendment as part of the sale of any revenue bonds
issued by the City for this Project or to any other
agreement affecting this Property if requested by
the City.
6.39. Developer agrees to reimburse City for all costs to
maintain the Access Road until such time as it
receives occupancy of the 1,101st dwelling unit. All
maintenance shall be at City's sole discretion, and
Developer agrees to pay direct costs including labor
and materials, City staff costs, and fifteen percent
(150) City overhead on all costs, and shall make
such payments within thirty (30) days of receiving
an invoice from the City. Maintenance costs shall
include but not be limited to pavement, signs,
pavement markings, and traffic control devices
including traffic signals. This is in addition to
any obligations Developer may have as a result of
using the Access Road as construction access to the
Property.
6.40. Developer agrees that recycled water shall be
available to the Project prior to issuance of the
501st building permit for the Project.
6.41. Developer agrees that the Helispot and observatory
uses referenced as permitted uses within PA -27 of SP
2001 -01 will be permitted subject to a License
Agreement between the City and Ventura County Fire
Protection District and Ventura County Community
College District, respectively.
Resolution No. 2005 -2399 North Park Ordinance
Page 280
Developer further agrees that the water storage
facilities uses referenced as a permitted use within
PA -27 of SP 2001 -01 will be permitted by the City
subject to certain deed restrictions and other
conditions as mutually determined by City and
Ventura County Waterworks District No. 1 to insure
consistency with the EIR.
6.42. Developer agrees that after the Effective Date of
the Agreement, City may design and construct those
improvements defined in Exhibits "D" and "E"
(Collins /Campus Park Drive /SR -118 improvements),
items referenced in subsection 6.31 of this
Agreement, and any other items subsequently included
in the Implementation Plan in advance of the date
Developer is required to construct said item so long
as City has given Developer no less than thirty (30)
calendar days notice of its intent to proceed with
design and construction. Developer further agrees
that at its sole cost and expense, it shall
reimburse City's actual costs within thirty (30)
days of City Council approval of a notice of
completion. Design and construction costs shall
include but not be limited to attorneys, engineers,
other professional services, fees to other public
agencies, City staff time, City overhead expenses of
fifteen percent (15 %) on all out of pocket and
professional service costs including construction
contracts.
6.43. Developer agrees to pay $400,000 to the City as a
contribution to a regional funding and improvement
program designed to enhance wildlife movement across
the SR -118 corridor, west of Alamos Canyon.
Wildlife movement enhancements may include
improvements to existing crossings and /or the
construction of new crossings. The payment shall be
made to the City, upon determination by the City, in
its sole discretion, that an SR -118 wildlife
movement enhancement program or agreement has been
established by Caltrans, a joint powers entity, or
similar public agency empowered to fund or construct
SR -118 corridor wildlife movement enhancements west
of Alamos Canyon, but in no event prior to the
issuance of the first market -rate residential
building permit.
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North Park Ordinance
If said contribution has not been paid by the
developer at the issuance of the 1,400th market -rate
residential building permit of the Project,
developer shall provide a surety in a type and form
as determined by the City in its sole discretion.
The surety shall remain in place for ten (10) years
or upon payment of the contribution, whichever first
occurs.
Commencing one year after the first market -rate
residential building permit is issued, and annually
thereafter, the contribution amount shall be
increased to reflect the change in the Caltrans
Highway 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 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.
In the event the Caltrans Highway
discontinued or revised, such su
which it is replaced shall be
obtain substantially the same
otherwise have been obtained if
been discontinued or revised.
7. Citv Aareements.
Bid Price Index is
ccessor index with
used in order to
result as would
the index had not
7.1. The City shall commit reasonable time and resources
of City staff to work with Developer on the
expedited and parallel processing of applications
for Subsequent Approvals for the Property and shall
use overtime and independent contractors whenever
possible. Developer shall assume any risk related
to, and shall pay the additional costs incurred by
the City for, the expedited and parallel processing.
7.2. If requested in writing by Developer and limited to
the City's legal authority, the City at its sole
discretion shall proceed to acquire, at Developer's
sole cost and expense, easements or fee title to
land in which Developer does not have title or
interest in order to allow construction of public
improvements required of Developer including any
land which is outside the City's legal boundaries.
Resolution No. 2005 -2399 North Park Ordinance
Page 282
Such acquisition shall be undertaken pursuant to the
provisions of Section 6.26 herein, including but not
limited to the City Council having the right to not
use eminent domain to acquire property.
7.3. 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 all
Subsequent Approvals, Project Approvals, and this
Agreement and contingent on City Engineer and
Community Development Director 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
consistent with SP 2001 -01. 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.
7.4. The City agrees that whenever possible as determined
by the City at its sole discretion to process
concurrently all land use entitlements for the
Property so long as applications for said
entitlements are deemed complete.
7.5. The City agrees that the land and improvements
required under subsection 6.7. of this Agreement
meets Developer's obligation for park land
dedication provisions of state law and City codes.
7.6. The City agrees that upon receipt of a landowners'
petition by Developer and Developer's payment of a
fee, as prescribed in California Government Code
section 53318, as well as payment for costs
described in subsection 6.25 of this Agreement, the
City shall commence proceedings to form a CFD and to
incur bonded indebtedness in amounts as determined
by City Council at its sole discretion to finance
all or portions of the public facilities,
infrastructure and services that are required by SP
2001 -01 and that may be provided pursuant to the
Mello -Roos Community Facilities Act of 1982 (the
"Act "), including, but not limited to public
utilities (and those within private roads),
acquisition of the Nature Preserve and public park
land, City and special district facility fees, fire
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station construction, and construction of the
Freeway Interchange and Access Road; 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 California Government Code Section 53321
and /or deem it unnecessary to incur bonded
indebtedness at the conclusion of the hearing
required by California Government Code Section
53345.
The purpose of any such CFD may also include fees
for funding public facilities, infrastructure, and
services that are required by SP 2001 -01 to the
extent permitted by the Act as determined by bond
counsel for the CFD's bond indebtedness financing.
The City may select and retain bond counsel,
engineers, underwriters, financial advisors, and any
other professional service providers it deems
necessary at its sole discretion to conduct
proceedings and related services for possible
formation of a CFD. The City further agrees that,
to the extent permitted by the Act as determined by
bond counsel, Developer may be reimbursed for costs
advanced by Developer for formation and related
proceedings.
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 in full prior to the close of escrow
on the initial sale of the developed lot by the
builder of the residence.
In the event a CFD is authorized, the City agrees,
to the extent permitted by law, to exclude the
nature preserve, school site, public park sites,
fire station site, the for -sale affordable housing
units, and the affordable rental housing units from
any CFD special taxes.
7.7. The City agrees to appoint an affordable housing
staff person to oversee implementation of the
affordable housing requirements for SP 2001 -01
required herein for the duration such units are
required to be maintained as affordable consistent
with the provisions of subsection 6.11 of this
Agreement.
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7.8. The 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.
7.9. City agrees to grant to the Ventura County
Waterworks District No. 1 (District) an easement,
license, or deed with a reversionary clause to City
(in the event the land as deeded is not used for the
specified purposes) one or more sites within PA -27
of SP 2001 -01 as City and District may mutually
agree at locations as generally described in the
Project Approvals for construction of water storage
facilities.
7.10. City agrees that the Helispot and observatory uses
referenced as permitted uses within PA -27 of SP
2001 -01 will be permitted subject to a License
Agreement between the City and Ventura County Fire
Protection District and Ventura County Community
College District, respectively.
7.11. The City acknowledges that changes in market
conditions may result in changes to the Affordable
Sales Price, downpayment amounts, mortgage interest
rates, and other factors for the 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 to
achieve substantially the same result as would
otherwise have been obtained had it not been
changed.
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 prevents or
precludes compliance with any provision of the Agreement,
such provision shall be deemed modified or suspended to
comply with such state or federal law or regulation, as
reasonably determined necessary by the City Council.
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
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accordance with Moorpark Municipal Code Chapter 15.40. of
the City or any successor thereof then in effect. The
failure of the City to conduct any such annual review shall
not, in any manner, constitute a breach of this Agreement
by the 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,
the 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
(including any escalation or increase of such fees as
contemplated herein), shall be excused during any period of
"Excusable Delay," as hereinafter defined, provided that
the Party claiming the delay gives 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 the
City 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
restriction imposed or mandated by a governmental entity
other than the City; 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 Property. Delays
resulting from Caltrans processing of any permits and
approvals required for the Project shall not constitute
Excusable Delays.
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 the 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
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may contest any such order,
by appropriate proceedings
faith, in which event no
Agreement shall be deemed
unless and until there is a
adverse to Developer; or
ruling or decision
conducted in good
breach of this
to have occurred
final adjudication
(b) Fails to make any payments required under this
Agreement; or
(c) Materially breaches any of the provisions of the
Agreement.
(d) Fails to comply with the MMRP or the Conditions
of Approval for the Project Approvals and
Subsequent Approvals
11.2. Default by the City. The City shall be deemed in
breach of this Agreement if it materially breaches
any of the provisions of the Agreement.
11.3. Content of Notice of Violation. Every notice of
violation shall state with specificity that it is
given pursuant to this subsection of the Agreement,
the nature of the alleged breach, and the manner in
which the breach may be satisfactorily cured. Every
notice shall include a period to cure, which period
of time shall not be less than ten (10) days from
the date that the notice is deemed received,
provided if the defaulting party cannot reasonably
cure the breach within the time set forth in the
notice such party must commence to cure the breach
within such time limit and diligently effect such
cure thereafter. The notice shall be deemed given
on the date that it is personally delivered or on
the date that it is deposited in the United States
mail, 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 or 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 the Agreement shall be limited to the
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remedies expressly set forth in this subsection.
Prior to pursuing the remedies set forth herein,
notice and an opportunity to cure shall be provided
pursuant to subsection 11.3 herein.
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
Developer shall be injunctive relief and /or specific
performance. In addition, if the breach is of
subsections 6.9, 6.10, 6.11, 6.12, 6.14, 6.15, 6.18,
6.19, 6.20, 6.23, 6.24, 6.28, 6.31, 6.35, 6.36,
6.37, 6.38, 6.39, and 6.40 of this Agreement, the
City shall have the right to withhold the issuance
of building permits to Developer throughout the
Project 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 the City from prosecuting a criminal action
against any Developer who violates any City
ordinance or state statute.
12. Mortgage Protection. At the same time that the City gives
notice to Developer of a breach, the City shall send a copy
of the notice to each holder of record of any deed of trust
on the portion of the Property in which Developer has a
legal interest ( "Financier "), provided that the Financier
has given prior written notice of its name and mailing
address to the City and the notice makes specific reference
to this section. The copies shall be sent by United States
mail, registered or certified, postage prepaid, return
receipt requested, and shall be deemed received upon the
third (3rd) day after deposit.
Each Financier that has given prior notice to the City
pursuant to this section shall have the right, at its
option and insofar as the rights of the City are concerned,
to cure any such breach within fifteen (15) days after the
receipt of the notice from the City. If such breach cannot
be cured within such time period, the Financier shall have
such additional period as may be reasonably required to
cure the same, provided that the Financier gives notice to
the City of its intention to cure and commences the cure
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within fifteen (15) days after receipt of the notice from
the City and thereafter diligently prosecutes the same to
completion. The City shall not commence legal action
against Developer by reason of Developer's breach without
allowing the Financier to cure the same as specified
herein.
Notwithstanding any cure by Financier, this Agreement shall
be binding and effective against the Financier and every
owner of the Property, or part thereof, whose title thereto
is acquired by foreclosure, trustee sale, or otherwise.
13. Estoppel Certificate. At any time and from time to time,
Developer may deliver written notice to the City and the
City may deliver written notice to Developer requesting
that such Party certify in writing that, to the knowledge
of the certifying Party, that (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) no Developer is
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 thirty (30)
days following receipt of the notice. The 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. Except as otherwise set forth
expressly herein, any discretion to be exercised or action
required to be undertaken by the `City" shall be exercised
or undertaken by the City Manager, unless City ordinance or
state or federal law vest such discretion in another
individual or body. Any decision by the 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 the City within ten (10) days after the
affected Developer receives 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.
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15. Amendment or Termination by Mutual Consent. In accordance
with the provisions of Chapter 15.40 of the Moorpark
Municipal Code or any successor thereof then in effect,
this Agreement may be amended or terminated, in whole or in
part, by mutual consent of the City Council and the
affected Developer. No amendment to a Project Approval or
Subsequent approval 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. Notwithstanding the
foregoing, a vote of the Moorpark electorate shall be
required for any amendment to this Agreement or any Project
Approval if required by Section 6 of the Enabling
Ordinance.
Further, to the extent that any amendment to this Agreement
involves a change in the duration of this Agreement, the
permitted uses of the property, the density or intensity of
use, the maximum height and size of proposed buildings, or
any required reservation or dedication of land for public
purposes, a public hearing before the planning commission,
and then the City Council shall be required prior to any
approval.
16. Indemnification. Developer shall indemnify, defend with
counsel approved by the City, and hold harmless the City
and its officers, employees, and agents from and against
any and all losses, liabilities, fines, penalties, costs,
claims, demands, damages, injuries, or judgments arising
out of, or resulting in any way from, Developer's
performance pursuant to this Agreement.
Developer shall indemnify, defend with counsel approved by
the City, and hold harmless the 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, 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. Effective Date.
effective as a
This Agreement shall become operative and
development agreement upon the effective
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date of the annexation of the Property into the City ( "the
Effective Date ").
19. Term. The term of this Agreement shall begin upon the
Effective Date, and shall remain in full force and effect
for a term of thirty -five (35) years or issuance of the
final inspection approval for the 1500th market rate unit
( "Term "), whichever occurs last unless said term is amended
or this 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 that has been granted or
any right or obligation arising independently from such
Project Approval or Subsequent Approval.
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.
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 "G" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the
other, designate a different address which shall be
substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and
documents referenced herein contain the entire agreement
between the Parties regarding the subject matter hereof,
and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall
not be amended, except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall
constitute a waiver of any other provision, whether or not
similar; nor shall any such waiver constitute a continuing
or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a
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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 the 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 the
City within the period required by Chapter 15.40 of the
Moorpark Municipal Code or any successor thereof then in
effect.
27. Cooperation Between the 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 Project Approvals, the provision of
this Agreement shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have
been prepared jointly and equally by the Parties, and it
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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. Prevailing Wages. Developer understands that some of the
required public infrastructure contemplated by this
Agreement may require the payment of prevailing wages as
required by Labor Code section 1720 et. seq. Developer
agrees to comply with the requirements therein, to the
extent applicable, and further agrees to defend and
indemnify the City from any and all claims, suits, or
enforcement actions arising out of Developer's failure to
pay prevailing wages for any aspect of the Project.
32. 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.
33. 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.
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IN WITNESS WHEREOF, North Park Village, L.P., and the City
of Moorpark have executed this Development Agreement on the date
first above written.
NORTH PARK VILLAGE, L.P.
a California limited partnership
CITY OF MOORPARK
Patrick Hunter
Mayor
Kim John Kilkenny, its authorized representative
HCR Investors, LLC
a Delaware limited liability company
as
Kim John Kilkenny, its Attorney -in -Fact
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EXHIBIT "A"
LEGAL DESCRIPTION
BOUNDARY
North Park Ordinance
Being portions of Tracts J and K of Rancho Simi, in the County of Ventura, State of California, as
per map recorded in Book 3, Page 7 of Miscellaneous Records (Maps), in the Office of the County
Recorder of said County, described as follows:
Beginning at the northeast corner of Tract No. 3963 -2 as recorded in Book 112, Page 45 of
Miscellaneous Records (Maps), in the Office of said County Recorder, said corner being the
easterly terminus of the 85 " course of the Incorporation of the City of Moorpark as recorded in the
office of said County Recorder on March 30, 1983 as Document No. 31119 of Official Records of
said County; thence along the existing boundary of said City of Moorpark and the northerly line of
said Tract No. 3963 -2 and the northerly line of the land shown on a Parcel Map filed in Book 19
Pages 5 and 6 of Parcel Maps, in the office of said County Recorder, North 89 °22'48" West 4619.83
feet to the easterly line of Parcel Map No. 3220 -1, filed in Book 31, Pages 75, 76 and 77 of said
Parcel Maps; thence along said easterly line, North 00 °20'33" East 5311.35 feet to the southerly line
of Section 22, Township 3 North, Range 19 West of said Rancho; thence along said southerly line,
North 89 °35'47" West 2640.00 feet to the southeast corner of the East Half of said Section 22, being
the southerly terminus of that certain course having a bearing and length of South 00 °28'50" West
5101.37 feet in the easterly line of the Deed to the State of California, recorded in Book 4219, Page
364 of said Official Records; thence along the boundary of said deed the following one - hundred
courses:
North 00 °28'50" East 5101.37 feet, North 56 °39'33" East 28.59 feet, North 70 °05'46" East 123.37 feet,
South 43 °27'06" East 62.30 feet, to a tangent curve concave southwesterly having a radius of 275.00
feet, southeasterly 139.10 feet along said curve through a central angle of 28 °58'53 ", tangent from
said curve South 14 °28'13" East 22.06 feet, South 16 °27'36" West 46.28 feet to a tangent curve
concave easterly having a radius of 150.00 feet, southerly 91.35 feet along said curve through a
central angle of 34 °53'42 ", tangent from said curve South 18 °26'06" East 29.69 feet to a tangent
Revised June 14, 2005
May 17, 2002
W.O. No. 1860 -13T
Page 1 of 5
H & A LD No. 5498
By: R. Williams
Chk'd by: H. Foss /hb
Resolution No. 2005 -2399 North Park Ordinance
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curve concave northeasterly having a radius of 40.00 feet, southerly 59.06 feet along said curve
through a central angle of 84 °36'13 ", tangent from said curve North 76 °57'41" East 66.06 feet to a
tangent curve concave southerly having a radius of 250.00 feet, easterly 191.06 feet along said curve
through a central angle of 43 °47'19 ", tangent from said curve South 59 °15'00" East 168.27 feet to a
tangent curve concave northerly having a radius of 125.00 feet, easterly 95.29 feet along said curve
through a central angle of 43 °40'34 ", tangent from said curve North 77 °04'26" East 111.97 feet,
North 86 °20'17" East 125.26 feet, North 53 °07'48" East 150.00 feet, North 64 °54'02" East 209.81 feet,
North 56 °12'50" East 463.28 feet to a tangent curve concave southerly having a radius of 250.00 feet,
easterly 176.87 feet along said curve through a central angle of 40 °32'07 ", tangent from said curve
South 83 °15'03" East 211.65 feet to a tangent curve concave northerly having a radius of 200.00 feet,
northeasterly 129.50 feet along said curve through a central angle of 37 °05'52 ", tangent from said
curve North 59 °39'05" East 79.08 feet to a tangent curve concave northwesterly having a radius of
2000.00 feet, northeasterly 353.23 feet along said curve through a central angle of 10 °07'09 ", tangent
from said curve North 49 °31'56" East 193.17 feet to a tangent curve concave southerly having a
radius of 100.00 feet, easterly 68.72 feet along said curve through a central angle of 39 °22'23 ",
tangent from said curve North 88 °54'19" East 132.39 feet to a tangent curve concave southerly
having a radius of 350.00 feet, easterly 85.75 feet along said curve through a central angle of
14 °02'14 ", tangent from said curve South 77 °03'27" East 174.90 feet to a tangent curve concave
northerly having a radius of 350.00 feet, easterly 137.50 feet along said curve through a central
angle of 22 °30'33 ", tangent from said curve North 80 °26'00" East 77.88 feet to a tangent curve
concave southerly having a radius of 225.00 feet, easterly 151.37 feet along said curve through a
central angle of 38 °32'47 ", tangent from said curve South 61 °01'13" East 192.54 feet, South 66 °43'38"
East 404.95 feet, South 53 °50'00" East 105.68 feet to a tangent curve concave northerly having a
radius of 60.00 feet, northeasterly 75.60 feet along said curve through a central angle of 72 °11'32 ",
tangent from said curve North 53 °58'28" East 58.44 feet, North 75 °30'00" East 76.00 feet to a tangent
curve concave northwesterly having a radius of 100.00 feet, northeasterly 97.58 feet along said curve
through a central angle of 55 °54'32" to a reverse curve concave southeasterly having a radius of
110.00 feet, northeasterly 111.12 feet along said curve through a central angle of 57 °52'48 ", tangent
Revised June 14, 2005
May 17, 2002
W.O. No. 1860 -13T
Page 2 of 5
H & A LD No. 5498
By: R. Williams
Chk'd by: H. Foss/hb
Resolution No. 2005 -2399 North Park Ordinance
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from said curve North 77 °28'16" East 111.87 feet, North 71 °14'59" East 148.61 feet, North 71 °15'02"
East 45.01 feet, South 85 °59'09" East 246.26 feet, North 88 °18'25" East 214.85 feet, South 81 °17'42"
East 312.84 feet, North 83 °35'44" East 262.46 feet, South 67 °54'46" East 75.20 feet, South 56 °57'50"
East 97.22 feet, South 71 °16'27" East 211.81 feet, South 69 °26'38" East 410.55 feet to a tangent curve
concave northerly having a radius of 500.00 feet, northeasterly 172.80 feet along said curve through
a central angle of 19 °48'04 ", tangent from said curve South 89 °14'42" East 152.59 feet to a tangent
curve concave southwesterly having a radius of 250.00 feet, easterly 189.38 feet along said curve
through a central angle of 43 °24'08" to a reverse curve concave northerly having a radius of 150.00
feet, easterly 167.06 feet along said curve through a central angle of 63 °48'40 ", tangent from said
curve North 70 °20'46" East 75.00 feet, North 84 °03'11" East 96.52 feet, North 56 °53'19" East 164.75
feet, North 62 °11'54" East 226.74 feet, South 86 °36'49" East 232.84 feet, North 86 °14'54" East 61.13
feet, South 69 °26'38" East 59.81 feet, South 51 °54'40" East 47.01 feet, South 71 °33'54" East 56.92
feet, South 44 °43'27" East 98.53 feet, South 45 °08'10" East 81.18 feet to a tangent curve concave
northerly having a radius of 225.00 feet, southeasterly 203.66 feet along said curve through a central
angle of 51 °51'44 ", tangent from said curve North 83 °00'06" East 337.50 feet, North 75 °09'24" East
380.64 feet to a tangent curve concave southerly having a radius of 250.00 feet, easterly 110.73 feet
along said curve through a central angle of 25 022'36 ", tangent from said curve South 79 028'00" East
108.87 feet to a tangent curve concave southwesterly having a radius of 800.00 feet, southeasterly
371.29 feet along said curve through a central angle of 26 °35'30 ", non - tangent from said curve North
73 056'30" East 171.87 feet to a tangent curve concave southerly having a radius of 250.00 feet,
easterly 141.89 feet along said curve through a central angle of 32 °31'06 ", tangent from said curve
South 73 °32'24" East 63.85 feet to a tangent curve concave northerly having a radius of 350.00 feet,
northeasterly 151.30 feet along said curve through a central angle of 24 °46'06 ", tangent from said
curve North 81 °41'30" East 241.90 feet to a tangent curve concave northerly having a radius of
300.00 feet, northeasterly 138.84 feet along said curve through a central angle of 26 °30'58 ", tangent
from said curve North 55 °10'32" East 50.28 feet, North 67 °04'04" East 84.69 feet, North 69 °21'11"
East 236.05 feet to a tangent curve concave northwesterly having a radius of 450.00 feet,
northeasterly 323.23 feet along said curve through a central angle of 41 °09'19 ", tangent from said
Revised June 14, 2005
May 17, 2002
W.O. No. 1860 -13T
Page 3 of 5
H & A LD No. 5498
By: R. Williams
Chk'd by: H. Foss/hb
Resolution No. 2005 -2399 North Park Ordinance
Page 297
curve North 28 °11'52" East 173.95 feet, North 20 °33'22" East 68.35 feet, North 21 024'27" East 44.64
feet to a tangent curve concave southeasterly having a radius of 100.00 feet, northeasterly 141.12
feet along said curve through a central angle of 80 °51'26 ", tangent from said curve South 77 °44'07"
East 64.84 feet, South 59 °26'10" East 147.49 feet, South 72 °47'02" East 222.99 feet, North 74 °30'00"
East 228.02 feet to a tangent curve concave northerly having a radius of 450.00 feet, northeasterly
107.17 feet along said curve through a central angle of 13 °38'45 ", tangent from said curve North
60 °51'15" East 15.30 feet, North 69 °48'51" East 72.45 feet, South 86 °49'13" East 20.77 feet to a
tangent curve concave northerly having a radius of 225.00 feet, northeasterly 135.26 feet along said
curve through a central angle of 34 °26'36 ", tangent from said curve North 58 °44'11" East 36.28 feet,
North 65 °04'17" East 156.59 feet to a point on a non - tangent curve concave southeasterly having a
radius of 350.00 feet, a radial line to said point bears North 44 °51'50" West, northeasterly 238.39
feet along said curve through a central angle of 39 °01'28 ", tangent from said curve North 84 °09'38"
East 185.67 feet, North 74 °39'00" East 52.89 feet and North 62 °06'11" East 177.02 feet to the
westerly line of Section 18, Township 3 North, Range 18 West, of said Rancho Simi; thence, along
said westerly line and along the westerly line of Section 19, Township 3 North, Range 18 West, of
said Rancho Simi, South 0 °33'56" West 6107.93 feet to the southwesterly corner of said Section 19;
thence South 89 °33'21" East 4594.55 feet along the southerly line of said Section 19; thence South
59 °39'43" West 186.08 feet; thence South 40 °01'49" West 326.50 feet; thence South 66 °15'02" West
546.26 feet; thence South 25 °27'44" West 465.19 feet; thence South 9 °27'44" West 304.14 feet; thence
South 3 °05'39" East 370.54 feet; thence South 16 °41'57" West 730.82 feet; thence South 23 °35'41"
West 474.68 feet; thence South 3 °20'02" East 461.56 feet; thence South 18 °26'06" West 252.98 feet;
thence South 15 °56'43" East 364.01 feet; thence South 8 °52'50" West 110.26 feet to the north line of
the south half of the southeast quarter of Section 30, Township 3 North, Range 18 West of said
Rancho Simi; thence along the north line of said south half, North 89 °33'21" West 514.44 feet to the
northwest corner of said south half; thence, along the west line of said south half, South 0 °26'39"
West 560.02 feet; thence South 62 °21'14" West 355.13 feet; thence South 36 °28'09" West 286.01 feet;
thence South 82 °52'30" West 806.23 feet; thence South 62 °31'32" West 281.78 feet; thence South
28 °48'39" West 456.51 feet; thence South 1 °50'51" West 310.16 feet; thence South 36 °05'54" West
Revised June 14, 2005
May 17, 2002
W.O. No. 1860 -13T
Page 4 of 5
H & A LD No. 5498
By: R. Williams
Chk'd by: H. Foss /hb
Resolution No. 2005 -2399
Page 298
North Park Ordinance
594.05 feet; thence South 59 °55'53" West 219.55 feet; thence South 79 °33'45" West 386.39 feet;
thence North 77 °59'19" West 480.52 feet; thence South 86 °15'25" West 1072.29 feet; thence South
17 °21'30" West 776.07 feet to the Boundary of the City of Moorpark as mentioned above; thence
North 89 °33'21" West 844.98 feet; thence South 0 °26'39" West 660.00 feet; thence North 89 °33'21"
West 2496.79 feet; thence North 9 °59'29" West 163.79 feet; thence North 62 °58'06" West 267.24 feet;
thence North 25 °14'06" West 252.32 feet; thence North 41 °19'06" West 136.00 feet; thence North
65 051138" West 284.04 feet; thence North 0 °37'10" East 1844.18 feet to the Point of Beginning.
Containing 3552.5 acres, more or less.
The land described herein is shown on Attachment "1 ", attached hereto and by this reference made
a part hereof.
Jr Ax--
Ro . Williams, L.S. No. 6654
License Expi es: D cember 31, 2005
Date: —
���0 ANC S��LF
I
J Rory S. Williams 0
Exp.12/31/05
t�F 1.No 6654
�F���\�
CA
Revised June 14, 2005
May 17, 2002
W.O. No. 1860 -13T
Page 5 of 5
H & A LD No. 5498
By: R. Williams
Chk'd by: H. Foss /hb
Resolution No. 2005 -2399
rays c1)
North Park Ordinance
ATTACHMENT "1"
Sketch to Accompany Legal Description
BEING PORTIONS OF TRACTS J AND K, RANCHO SIMI 3 MR 7
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Resolution No. 2005 -2399
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Resolution No. 2005 -2399
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North Park Ordinance
ATTACHMENT "1"
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Resolution No. 2005 -2399
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North Park Ordinance
ATTACHMENT "1"
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Resolution No. 2005 -2399
North Park Ordinance
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Resolution No. 2005.-2,399 EXHIBIT "B"
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Resolution No. 2005 -2399 North Park Ordinance
Page 309
EXHIBIT "C"
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (th
and entered into as of the day of
by and between NORTH PARK VILLAGE, L.P.,
partnership (hereinafter referred to as
CITY OF MOORPARK ( "CITY ").
RECITALS
e "Agreement ") is made
, 2005,
a California limited
"DEVELOPER "), and the
WHEREAS, Developer has received City approval of Specific
Plan No. 2001 -01 (SP 2001 -01), which includes ninety (90)
single- family housing units to be sold to qualified low and very
low income buyers, hereinafter referred to as for -sale
affordable housing units, and ninety (90) apartment units to be
rented to qualified low and very low income tenants; and
WHEREAS, on I the DEVELOPER and CITY entered
into a Development Agreement (Development Agreement) for SP
2001 -01; and
WHEREAS, in the Development Agreement, DEVELOPER agrees to
provide the ninety (90) for -sale affordable housing units to be
sold to qualified low and very low income buyers at sale prices
and terms and conditions as referenced in Sections 2. and 3. of
this Agreement and in the Development Agreement.
NOW, THEREFORE, IT IS AGREED by and between the DEVELOPER and
the CITY as follows:
SECTION 1. Selecting Eligible Buyers. The CITY shall
be responsible for marketing the affordable units, selecting and
qualifying eligible buyers for the units, and overseeing the
escrow processes to sell the affordable units to low income and
very low income households. In the event of termination of this
Agreement, Developer shall in any event comply with the
conditions of approval for any final map and Residential Planned
Development (RPD) permit for PA -9 of SP 2001 -01, and all terms
and conditions of the Development Agreement.
SECTION 2. Terms of Sale.
2.1 The terms and conditions of the sale of the for -
sale affordable housing units in SP 2001 -01 to qualified low and
Resolution No. 2005 -2399
Page 310
North Park Ordinance
very low income buyers or City in lieu of said buyers shall be
consistent with the Development Agreement.
2.2 DEVELOPER
laborer's, materialman's,
construction loan or other
SP 2001 -01 which has been
housing unit, before the
unit.
shall satisfy all mechanic's,
supplier's, or vendor's liens and any
financing affecting any unit or lot in
designated for a for -sale affordable
close of escrow for that affordable
2.3 DEVELOPER agrees if it sells any of the for -sale
affordable housing units directly to a qualified low or very low
income buyer, per Section 2.1. above, 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 Documents "), shall be included
as a requirement of the sale. The language of all such
documents shall be approved by CITY at its sole discretion.
2.4 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 and very low income
households and related matters. After the sale of an affordable
unit by DEVELOPER to a qualified buyer or CITY, CITY shall have
sole responsibility for approving any subsequent sale of that
housing unit and enforcing the Affordability Documents.
DEVELOPER further agrees that CITY has the sole discretion to
make all determinations on buyer eligibility including but not
limited to income and household size.
2.5 The CITY shall determine at its sole discretion
which of the affordable for -sale units within SP 2001 -01 will be
sold to the qualified low income households and the qualified
very low income households.
2.6 Developer agrees that
construction of the for -sale affordable
subject to subsequent City Council and
one or more entitlements including
subdivisions and RPD permits that will
approval that will be in addition
Development Agreement and this Agreement.
the development and
housing units shall be
City staff approval of
but not limited to
include conditions of
to provisions of the
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Page 311
North Park Ordinance
SECTION 3. Conditions of Purchase and Sale. If a
qualified low or very low income buyer is identified by the CITY
prior to or at the time of completion of any one of the
affordable units, and by the date on which final inspection
approval is issued for said unit, DEVELOPER shall open escrow
for the sale of said unit for the same Affordable Sales Price
(as defined in the Development Agreement for SP 2001 -01) and
subject to Section 2. above, and shall enter escrow directly
with the buyer identified by CITY, and proceed to closing of
said escrow. If a qualified low or very low income buyer has
not been identified at the time DEVELOPER receives its final
inspection approval for and an affordable unit in SP 2001 -01,
CITY agrees to purchase the affordable unit required to be
provided by DEVELOPER for the amount and at the time specified
in the Development Agreement.
SECTION 4. Quality of Construction. DEVELOPER warrants
that the quality of materials and construction techniques of the
for -sale affordable housing units sold to the CITY (or to
qualified low or very low income buyers) shall in all manner be
similar to that of single family moderate priced units
constructed in City and subject to all conditions of approval
for any applicable RPD permits and final maps and shall meet all
Building Codes.
SECTION 5. Amenities and Warranties. DEVELOPER
acknowledges that the affordable units will not be occupied by
the CITY but, if purchased by the CITY, will be sold to
qualified low or very low income buyer(s) . DEVELOPER agrees to
provide the same amenities and home warranties associated with
the affordable units purchased by the CITY as the amenities and
home warranties associated with single family moderate priced
units constructed in the City. DEVELOPER declares that 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 CITY (or
qualified low or very low income buyers) shall have the same
choices of finish options as purchasers of other single family
moderate priced units constructed in the City and final walk -
through approval of condition of the unit before close of sale.
Options provided to CITY or buyer(s) of the for -sale affordable
housing units, shall include, but not be 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.
Resolution No. 2005 -2399
Page 312
North Park Ordinance
SECTION 6. Defense and Indemnity. DEVELOPER agrees to
indemnify, hold harmless and defend at its sole expense, with
counsel reasonably acceptable to CITY, any action brought
against it or CITY by a purchaser of a for -sale affordable
housing unit for any alleged construction defects or related
problems, or any action brought by any party to approve, extend
or renew any permit, related actions under CEQA, any subsequent
permits to implement /construct the Project and this Agreement.
DEVELOPER further agrees to reimburse CITY for any court costs
and /or attorneys' fees which CITY may be required by the court
to pay as a result of any such action. CITY may, at its sole
discretion, participate in the defense of any such action at
CITY's cost, but such participation shall not relieve DEVELOPER
of its obligation under this Section.
SECTION 7. Waiver. DEVELOPER hereby covenants not to
bring any action against CITY to (a) attack, review, set aside,
void, or otherwise annul this Agreement, in whole or in part, or
(b) recover any compensation or obtain any relief for any
injury, damage, loss, or deprivation of any right alleged to
have been sustained as a result of CITY's action on any matter
related to this Agreement.
SECTION 8. Defaults and Remedies. Each of the
following shall constitute an "Event of Default" by the
DEVELOPER:
8.1.1 Failure by the DEVELOPER to duly perform,
comply with and observe any of the conditions, terms, or
covenants of any subsequent approval for the ninety (90)
affordable for -sale units, including but not limited to final
maps and RPD permits, this Agreement, or the Development
Agreement, if such failure remains uncured ten (10) days after
written notice of such failure from the CITY to the DEVELOPER in
the manner provided herein or, with respect to a default that
cannot be cured within ten (10) days, if the DEVELOPER fails to
commence such cure within such ten (10) day period or thereafter
fails to diligently and continuously proceed with such cure to
completion.
8.1.2 Any representation or warranty contained in
this Agreement or in any certificate or report submitted to the
CITY by DEVELOPER proves to have been incorrect in any material
respect when made.
8.1.3 A court having jurisdiction shall have made or
rendered a decree or order (a) adjudging DEVELOPER to be
bankrupt or insolvent; (b) approving as properly filed a
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Page 313
North Park Ordinance
petition seeking reorganization of DEVELOPER or seeking any
arrangement on behalf of DEVELOPER under the bankruptcy law or
any other applicable debtor's relief law or statute of the
United States or of any state or other jurisdiction; (c)
appointing a receiver, trustee, liquidator, or assignee of the
DEVELOPER in bankruptcy or insolvency or for any of its
properties; or (d) directing the winding up or liquidation of
the DEVELOPER, providing, however, that any such decree or order
described in any of the foregoing subsections shall have
continued unstayed or undischarged for a period of ninety (90)
days.
8. 1.4 The DEVELOPER shall have assigned its assets
for the benefit of its creditors or suffered a sequestration or
attachment or execution on any substantial part of its property,
unless the property so assigned, sequestered, attached, or
executed upon shall have been returned or released within ninety
(90) days after such event (unless a lesser time period is
permitted for cure hereunder) or prior to sale pursuant to such
sequestration, attachment, or execution. If the DEVELOPER is
diligently working to obtain a return or release of the property
and the CITY's interests hereunder are not imminently threatened
in the CITY's reasonable business judgment, then the CITY shall
not declare a default under this subsection.
8.1.5 The DEVELOPER shall have voluntarily suspended
its business or dissolved.
8.1.6 Should there occur any default declared by any
lender under any loan document or deed of trust relating to any
loan made in connection with the Project or property on which
Project is to be constructed, which loan is secured by a deed of
trust or other instrument of record.
8.2 Liens. DEVELOPER shall pay and promptly
discharge when due, at DEVELOPER's cost and expense, all liens,
encumbrances and charges upon the Project or the underlying
property, or any part thereof or interest therein (except the
lien of any mortgage, deed of trust or other recorded instrument
securing any construction or permanent financing for the
Project), provided that the existence of any mechanic's,
laborer's, materialman's, supplier's, or vendor's lien or right
thereto shall not constitute a violation of this Section if
payment is not yet due under the contract which is the
foundation thereof and if such contract does not postpone
payment for more than forty -five (45) days after the performance
thereof. DEVELOPER shall have the right to contest in good
faith the validity of any such lien, encumbrance or charge,
Resolution No. 2005 -2399
Page 314
North Park Ordinance
provided that within ten days after service of a stop notice or
ninety days after recording of a mechanic's lien, DEVELOPER
shall deposit with CITY a bond or other security reasonably
satisfactory to CITY in such amounts as CITY shall reasonably
require, but no more than the amount required to release the
lien under California law and provided further that DEVELOPER
shall thereafter diligently proceed to cause such lien,
encumbrance or charge to be removed and discharged, and shall,
in any event, cause such lien, encumbrance or charge to be
removed or discharged not later than sixty (60) days prior to
any foreclosure sale. If DEVELOPER shall fail either to remove
and discharge any such lien, encumbrance or charge or to deposit
security in accordance with the preceding sentence, if
applicable, then, in addition to any other right or remedy of
CITY, CITY may, but shall not be obligated to, discharge the
same, without inquiring into the validity of such lien,
encumbrance or charge nor into the existence of any defense or
offset thereto, either by paying the amount claimed to be due,
or by procuring the discharge of such lien, encumbrance or
charge by depositing in a court a bond or the amount or
otherwise giving security for such claim, in such manner as is
or may be prescribed by law. DEVELOPER shall, immediately upon
demand therefor by CITY, pay to CITY an amount equal to all
costs and expenses incurred by CITY in connection with the
exercise by CITY of the foregoing right to discharge any such
lien, encumbrance or charge. To the extent not paid, all costs
and expenses paid by the CITY shall be a lien on the Property
pursuant to Civil Code Section 2881.
8.3 Costs of Enforcement. If any Event of Default
occurs, CITY may employ an attorney or attorneys to protect its
rights hereunder. Subject to California Civil Code Section 1717
and statutes amendatory or supplementary thereto, DEVELOPER
promises to pay to CITY, on demand, the fees and expenses of
such attorneys and all other costs of enforcing the obligations
secured hereby including without limitation, recording fees,
receiver's fees and expenses, and all other expenses of whatever
kind or nature, incurred by CITY in connection with the
enforcement of the obligations secured hereby, whether or not
such enforcement includes the filing of a lawsuit.
8.4 Remedies Not Exclusive. CITY shall be entitled
to enforce payment and performance of any indebtedness or
obligation of DEVELOPER arising under this Agreement and to
exercise all rights and powers under this Agreement or any law
now or hereafter in force, notwithstanding some or all of the
said indebtedness and obligations secured hereby may now or
hereafter be otherwise secured, whether by guaranty, mortgage,
Resolution No. 2005 -2399
Page 315
North Park Ordinance
deed of trust, pledge, lien, assignment or otherwise. Neither
the acceptance of this Agreement nor its enforcement by court
action shall prejudice or in any manner affect CITY's right to
realize upon or enforce any other security now or hereafter held
by CITY, it being agreed that CITY shall be entitled to enforce
this Agreement and any other security now or hereafter held by
CITY, as applicable, in such order and manner as CITY may in its
absolute discretion determine. No remedy herein conferred upon
or reserved to CITY is intended to be exclusive of any other
remedy herein or by law provided or permitted, but each shall be
cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by
statute. Every power or remedy given by this Agreement to the
CITY may be exercised, concurrently or independently, from time
to time and as often as may be deemed expedient by the CITY, and
it may pursue inconsistent remedies.
8.5 Enforcement; Specific Performance. The CITY
shall have the right to mandamus or other suit, action or
proceeding at law or in equity to require the DEVELOPER to
perform its obligations and covenants under this Agreement or to
enjoin acts or things which may be unlawful or in violation of
the provisions hereof.
8.6 Right of Contest. The DEVELOPER shall have the
right to contest in good faith any claim, demand, levy, or
assessment the assertion of which would constitute an Event of
Default hereunder. Any such contest shall be prosecuted
diligently and in a manner unprejudicial to the CITY or the
rights of the CITY hereunder.
8.7 Action at Law; No Remedy Exclusive. The CITY may
take whatever action at law or in equity as may be necessary or
desirable to enforce performance and observance of any
obligation, agreement or covenant of the DEVELOPER under this
Agreement. No remedy herein conferred upon or reserved by the
CITY is intended to be exclusive of any other available remedy
or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law, in equity or by
statute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power
or shall be construed to be a waiver of such right or power, but
any such right or power may be exercised from time to time and
as often as CITY may deem expedient. In order to entitle the
CITY to exercise any remedy reserved to it in this Agreement, it
shall not be necessary to give any notice, other than such
Resolution No. 2005 -2399
Page 316
North Park Ordinance
notice as may be herein expressly required or required by law to
be given.
8.8 Termination. The City's rights and remedies set
forth herein shall include as a cumulative remedy the right to
terminate this Agreement if an Event of Default is not cured,
pursuant to section 8.1 herein. Such termination shall, at a
minimum, require full compliance by the DEVELOPER with all terms
and conditions of the Development Agreement and conditions of
approval of any final maps or RPD permits applicable to the for -
sale affordable units.
SECTION 9. Warranty of Authorized Signatories. Each of
the signatories hereby warrants and represents that he or she is
competent and authorized to execute this Agreement on behalf of
the party for whom he or she purports to sign.
SECTION 10. Assignment. DEVELOPER agrees that CITY, at
CITY's sole discretion, may assign this Agreement to the
Redevelopment Agency of the City of Moorpark (AGENCY).
SECTION 11. Miscellaneous.
(a) Successors and Assigns. This Agreement shall be binding
upon and inure to the benefit of the Parties and their respective
successors, assigns, legal representatives, parent, subsidiary,
affiliated and related entities, officers, directors, principals,
agents, servants, employees, representatives, and all persons, firms,
associations and /or corporations connected with them, including,
without limitation, their insurers, sureties and /or attorneys.
(b) Attorneys' Fees. In the event that any action, suit or
other proceeding is instituted to remedy, prevent or obtain relief
from a breach of this Agreement, or arising out of a breach of this
Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs incurred in such action, suit or
other proceeding, including any and all appeals or petitions
therefrom.
(c) Severability. Should any part, term or provision of this
Agreement be declared or determined by any court to be illegal or
invalid, the validity of the remaining parts, terms or provisions
shall not be affected thereby and said illegal or invalid part, term
or provision shall be deemed not to be a part of this Agreement.
(d) Assistance of Counsel. DEVELOPER and CITY acknowledge
that: (i) they have been represented by independent counsel in
connection with this Agreement; (ii) they have executed this
Resolution No. 2005 -2399
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North Park Ordinance
Agreement with the advice of such counsel; and (iii) this Agreement
is the result of negotiations between the Parties and the advice and
assistance of their respective counsel. Each of the Parties has
equally participated in the drafting and preparation of this
Agreement, and it is the intention of the Parties that the
construction or interpretation of this Agreement shall be made
without reference to the Party who drafted any portion or particular
provision of this Agreement or the relative size and or bargaining
power of the Parties.
SECTION 12. 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 issuance or approval of tentative
or final maps, RPD permits, 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 City -wide basis to all substantially
similar types of development projects and properties with
similar land use designations and (ii) as a result of a utility
shortage or a reasonably foreseeable utility shortage, including
without limitation a shortage of water, sewer treatment
capacity, electricity or natural gas.
SECTION 13. Waiver of Protest Rights. DEVELOPER agrees
that any fees and payments for the affordable for -sale units
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, or any other
applicable state or federal law.
SECTION 14. Notices. All notices and other
communications which a party desires or is required to give
respecting this Agreement must be in writing addressed to the
recipient party at its address set forth beneath its signature
to this Agreement and must be given personally (including by
commercial messenger or courier) or by First Class United States
Mail, postage prepaid. Notices shall be deemed to have been
effectively given, if given personally, upon receipt (or upon
attempted delivery if receipt is refused) , and if mailed, three
(3) business days following deposit in the United States Mail.
A party may change its address for notices only by a notice
given in the foregoing manner.
SECTION
provision of
orally or by
15. Amendments and Waivers.
this Agreement can
a course of conduct,
be amended or
but only by an
No term or
waived, either
instrument in
Resolution No. 2005 -2399
Page 318
North Park Ordinance
writing signed by the party against whom enforcement of such
amendment or waiver is sought.
SECTION 16. Entire Agreement. This Agreement and the
Development Agreement for SP 2001 -01 constitute the entire
agreement and understanding of the parties with respect to its
subject matter and they supersede all prior and contemporaneous
agreements and understandings of the parties with respect to
that subject matter. Should any provision of this agreement be
in conflict with any provision of the Development Agreement, the
Development Agreement shall prevail.
SECTION 17. Headings and Attachments. The title of this
Agreement and the headings of its sections are for convenience
of reference only and are not to be referred to in interpreting
or construing this Agreement. However, all attachments and
exhibits to this Agreement, as well as the Recitals, are a part
of this Agreement.
Resolution No. 2005 -2399
Page 319
North Park Ordinance
SECTION 18. Governing Law and Interpretation. This
Agreement is to be governed by and construed in accordance with
the laws of the State of California. This Agreement is made,
entered into and executed in Ventura County, California, and any
action filed in any court for the interpretation, enforcement or
other action arising from any term, covenant or condition herein
shall be filed in Ventura County.
CITY:
CITY OF MOORPARK
By
Patrick Hunter
Mayor
Attest:
By
City Clerk
DEVELOPER:
NORTH PARK VILLAGE, L.P.
a California limited partnership
IM
Kim John Kilkenny, its authorized representative
HCR Investors, LLC
a Delaware limited liability company
Kim John Kilkenny, its Attorney -in -Fact
City of Moorpark North Park Village, L.P.
Address: 799 Moorpark Avenue 610 West Ash Street, Suite 1500
Moorpark, California 93021 San Diego, CA 92010
Attn: Kim John Kilkenny
Resolution No. 2005 -2399 North Park Ordinance
Page 320
EXHIBIT "D"
Improvements to the Collins Drive /Campus Park Drive Intersection
Only Requiring City Permits
1. Add 2nd westbound left -turn lane on Campus Park Drive at
Collins Drive.
2. Convert 2nd eastbound through lane on Campus Park Drive to
right turn lane.
3. Modify traffic signal at Collins Drive /Campus Park Drive to
provide eastbound right -turn green -arrow overlap with the
adjacent northbound left -turn movement.
Resolution No. 2005 -2399 North Park Ordinance
Page 321
EXHIBIT "E"
Improvements to the Collins Drive /Campus Park Drive Intersection
and the Collins Drive /SR -118 Freeway Interchange
Requiring Both City and Caltrans Permits
Collins Drive/Campus Park Drive Intersection
1. Convert northbound right -turn lane on Collins Drive to a
free right -turn lane.
Collins Drive /SR -118 Westbound Off -R
2. Convert SR -118 Freeway westbound off -ramp right -turn lane
at Collins Drive to a free right -turn lane.
Collins Drive_ /SR -118 Eastbound On /Off -Ramp
3. Signalize Collins Drive /SR -118 Freeway /Los Angeles Avenue
(Arroyo Drive) interchange.
4. Convert westbound through lane on Los Angeles Avenue
(Arroyo Drive) to a shared through /second right -turn lane
Resolution No. 2005 -2399
Page 322
EXHIBIT "F"
North Park Ordinance
Nineteen Homes Backing onto Campus Park Drive and Two Homes at
the Terminus of Delfen Street
Legal Description
Assessor Parcel
Number
Street Address
Tract
2668,
Lot
10
514 -0- 115 -605
15427
Kernvale
Avenue
Tract
2668,
Lot
9
514 -0 -115 -615
15431
Kernvale
Avenue
Tract
2668,
Lot
8
514 -0 -115 -625
15439
Kernvale
Avenue
Tract
2668,
Lot
7
514 -0 -115 -635
15447
Kernvale
Avenue
Tract
2668,
Lot
6
514 -0 -115 -645
15455
Kernvale
Avenue
Tract
2668,
Lot
5
514 -0 -115 -655
15463
Kernvale
Avenue
Tract
2668,
Lot
4
514 -0 -115 -665
15471
Kernvale
Avenue
Tract
2668,
Lot
3
514 -0- 115 -675
15479
Kernvale
Avenue
Tract
2668,
Lot
2
514 -0 -115 -685
15487
Kernvale
Avenue
Tract
2668,
Lot
1
514 -0 -115 -695
15495
Kernvale
Avenue
Tract
2668,
Lot
109
514 -0- 113 -015
15513
Kernvale
Avenue
Tract
2668,
Lot
108
514 -0 -113 -025
15521
Kernvale
Avenue
Tract
2668,
Lot
107
514 -0 -113 -035
15529
Kernvale
Avenue
Tract
2668,
Lot
106
514 -0- 113 -045
15537
Kernvale
Avenue
Tract
2668,
Lot
105
514 -0 -113 -055
15545
Kernvale
Avenue
Tract
2668,
Lot
104
514 -0 -113 -065
15553
Kernvale
Avenue
Tract
2668,
Lot
103
514 -0 -113 -075
15561
Kernvale
Avenue
Tract
2668,
Lot
102
514 -0 -113 -085
15569
Kernvale
Avenue
Tract
2668,
Lot
101
514 -0 -113 -095
15577
Kernvale
Avenue
Tract
2668,
Lot
94
514 -0 -114 -255
15494
Kernvale
Avenue
Tract
2668,
Lot
95
514 -0 -114 -265
15504
Kernvale
Avenue
Resolution No. 2005 -2399
Page 323
EXHIBIT "G"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
North Park Village, L.P.
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Kim John Kilkenny
North Park Ordinance
Resolution No. 2005 -2399
Page 324
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
North Park Ordinance
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2005 -2399 was adopted by the
City Council of the City of Moorpark at a regular meeting held
on the 5th day of October, 2005, and that the same was adopted
by the following vote:
AYES: Councilmembers Harper, Millhouse, Parvin, and
Mayor Hunter
NOES: Councilmember Mikos
ABSENT:
ABSTAIN:
WITNESS my hand and the official seal of said City this 6th
day of October, 2005.
-'�� �.
Deborah S. Traffenste t, City Clerk
(seal)