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Home My WebLink AboutAG RPTS 2005 0322 PC REGResolution No. PC- 2005 -472 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - March 22, 2005 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: A. Regular Meeting Minutes of February 22, 2005. 7. PUBLIC COMMENTS: --------------------------------------------------------------------------------------------------------------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda March 22, 2005 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2005 -472) A. Consider Proposed Development Agreement No. 2003 -01 with Shea Homes, LP pertaining to General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract Map No. 5425, and Residential Planned Development Permit No. 2003 -02 Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council approval of the Development Agreement with Shea Homes L.P. (Staff: Barry Hogan) B. Consider a Request to Amend Specific Plan Number 1995- 02 (Moorpark Highlands Specific Plan) Relating to Development Standards; and to Approve Residential Planned Development No. 2004 -01 for the Construction of 102 Multiple- Family Units within Planning Area 5 of Specific Plan Area No. 2, Located Approximately One - Half Mile North of the Northerly Terminus of Spring Road and Three - Fourths of One Mile East of Walnut Canyon Road, on the Application of Pardee Homes. (Assessor Parcel Numbers: Portions of 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500 -0- 270 -20, 500- 0 -024- 03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024 -23) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2005- , recommending to the City Council conditional approval of Residential Planned Development Permit No. 2004 -01; and 3) Adopt Resolution No. PC -2005- , recommending to the City Council approval of an amendment to Specific Plan No. 1995 -02 pertaining to development standards for Planning Areas 8 & 9. (Staff: Scott Wolfe) C. Consider Residential Planned Development Permit No. 2003 -04, General Plan Amendment 2003 -04, Zone Change 2003 -03, and Tentative Map No. 5463 for Fifty-One (51) Single- Family Homes on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road, on the Application of Toll Brothers, Inc. (Assessors Parcel Number 502 -0- 140 -02) S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0322 pca.doc Planning Commission Agenda March 22, 2005 Page No. 3 Staff Recommendation: Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to April 26, 2005. (Staff: Joseph Fiss) D. Consider Residential Planned Development Permit No.1994 -01 Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 for thirty -six (36) single- family residential homes on 28.69 acres, north of Championship Drive, and west of Walnut Canyon Road, on the application of Toll Brothers, Inc. (Assessors Parcel Number 502 -0- 150 -03) Staff Recommendation: Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to April 26, 2005. (Staff: Joseph Fiss) E. Consider Zoning Ordinance Amendment No. 2004 -06 to Chapter 17.40 (Sign Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council approval of Zoning Ordinance Amendment No. 2004 -06. (Staff: Barry Hogan) 9. DISCUSSION ITEMS: A. Consider City of Moorpark, Mission Statement Priorities, Goals and Objectives for FY 2005/2006 Staff Recommendation: Consider City of Moorpark, FY 2005/2006 Mission Statement, Priorities, Goals, and Objectives for discussion at the April 27, 2005 Special Joint City Council /Planning Commission meeting. (Staff: Barry Hogan) 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. April 12, 2005 Possible Special Meeting B. April 26, 2005 S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0322 pca.doc Planning Commission Agenda March 22, 2005 Page No. 4 C. April 27, 2005, starting at 8:00 p.m., Joint City Council and Planning Commission meeting 11. ADJOURNMENT: --- ----------- - - - - - -- __ ---------------------------------------------------- -------------------------------------- n compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104; ADA Title II). S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0322 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of February 22, 2005 Paqe 1 1 The Regular meeting of the Planning Commission was held on 2 February 22, 2005, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Pozza called the meeting to order at 7:08 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Landis led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners DiCecco and Landis, Vice -Chair Peskay and 10 Chair Pozza were present. Commissioner Taillon was absent. 11 Staff attending the meeting included Barry K. Hogan, 12 Community Development Director; Ken Gilbert, Public Works 13 Director; Brad Miller, City Engineer; David Bobardt, 14 Planning Manager; Scott Wolfe, Principal Planner and Laura 15 Stringer, Senior Management Analyst. 16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 17 None. 18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 19 None. 20 6. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of January 4, 2005. 22 MOTION: Vice -Chair Peskay moved and Commissioner DiCecco 23 seconded the motion that the Planning Commission Regular 24 Meeting Minutes of January 25, 2005, be approved. 25 (Motion passed with a unanimous 4:0 voice vote. 26 Commissioner Taillon was absent.) \ \MOr_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 000001 Draft \05_0222_pcm.doc 1 7. 2 3 8. 4 5 6 7 8 9 10 11 12 Planning Commission, City of Moorpark, California Minutes of February 22, 2005 Paqe 2 PUBLIC COMMENTS: None. PUBLIC HEARINGS: (next Resolution No. 2005 -470) A. Consider Modification No. 1 to Conditional Use Permit No. 2003 -01, for the Co- Location of Wireless Antennas and Associated Equipment at an Existing Wireless Telecommunications Facility Located at 7150 Walnut Canyon Road (Ventura County Waterworks District No 1 Maintenance Facility), on the Application of Synergy Development Services for Cingular (APN: 500 -0- 270 -130) (Staff: Scott Wolfe) 13 Staff Recommendation: 1) Open the public hearing, 14 accept public testimony and close the public hearing; 15 and 2) Adopt Resolution No. PC -2005- approving 16 Modification No. 1 to Conditional Use Permit No. 2003- 17 01. 18 Scott Wolfe gave the staff presentation. 19 The Commission had no questions for staff. 20 Chair Pozza opened the public hearing. 21 Ryan Shields, the applicant's representative explained 22 that the applicant had worked to locate the proposed 23 antennas on an exiting mono -pine rather than propose 24 an additional structure. Mr. Shields indicated he was 25 available for questions. 26 Chair Pozza closed the public hearing. 27 MOTION: Vice -Chair Peskay moved and Commissioner 28 Landis seconded the motion that Resolution No. PC- 29 2005 -470 be approved. 30 31 (Motion passed with a unanimous 4:0 voice vote. Commissioner Taillon was absent.) 32 Planning Commission approval of this item is final 33 unless appealed within ten (10) days. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0222_pcm.doc ®iDl3002 1 2 3 4 5 6 7 8 9 10 11 Planning Commission, City of Moorpark, California Minutes of February 22, 2005 B. Consider Tentative Parcel One 4.21 -Acre Lot into Two Paae 3 Map No. 5576 to Subdivide Lots to Create a 363-Ar.rP Lot for the City's Corporate Yard, and a 0.58 -Acre Lot for Future Use Consistent with the M -2 Zone. Located at the 'Terminus of Fitch Avenue, on the Application of the Moorpark Redevelopment Agency (APN• 512 -0 -150 -765) (Staff. David Bobardt) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- approving Tentative Parcel Map No. 5567. 12 David Bobardt gave the staff presentation. 13 The Commission had no questions for staff. 14 Chair Pozza opened the public hearing. 15 There were no public speakers. 16 Chair Pozza closed the public hearing 17 MOTION: Chair Pozza moved and Commissioner DiCecco 18 seconded the motion that Resolution No. PC- 2005 -471 be 19 approved. 20 (Motion passed with a unanimous 4:0 voice vote. 21 Commissioner Taillon was absent.) 22 Planning Commission approval of this item is final 23 unless appealed within ten (10) days. 24 9. DISCUSSION ITEMS: 25 A. Consider the Draft Seven (7) Year Capital Improvement 26 Program (CIP) for Streets and Roads (Staff: Ken 27 Gilbert) 28 Staff Recommendation: Find the Subject Draft Seven 29 Year Capital Improvement Program for Streets and Roads 30 in Conformity with the Moorpark General Plan. 31 Ken Gilbert gave the staff presentation. \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0222_pcm.doc 000003 Planning Commission, City of Moorpark, California Minutes of February 22, 2005 Paste 4 1 The Commission questioned staff on future gas tax 2 revenue funds, dual left turn lanes on southbound 3 Spring Road at Los Angeles Avenue; the easterly 4 extension of Broadway and potential westerly access to 5 North Park Village, if approved; improvements at 6 Poindexter Avenue and First Street and an additional 7 access from First Street to the Metrolink Station; and 8 relationship of the document to current fiscal year 9 revenue. 10 Mr. Gilbert explained that the document would be used 11 as a planning tool for the years beyond the current 12 budget year, and that it would be reviewed annually so 13 that changes in projected revenue and project 14 priorities could be addressed. 15 Mr. Bobardt provided information on the status of 16 Broadway in the current General Plan Circulation 17 Element. 18 Mr. Hogan informed the Commission of plans for updates 19 to the General Plan Land Use and Circulation Elements. 20 Vice -Chair Peskay suggested that lines to separate 21 funding sources be added to Appendix No. 2 for easier 22 reading, and that a Glossary might be added. 23 There were no public speakers. 24 MOTION: Commissioner Landis moved and Vice Chair 25 Peskay seconded the motion that the Commission find 26 the Draft Seven Year Capital Improvement Program for 27 Streets and Roads in Conformity with the Moorpark 28 General Plan. 29 (Motion passed with a unanimous 4:0 voice vote. 30 Commissioner Taillon was absent.) 31 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 32 A. March 22, 2005 33 B. April 20, 2005 \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0222 _pcm.doc 000004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Planning Commission, City of Moorpark, California Minutes of February 22, 2005 Pawn F Mr. Hogan briefly discussed future agenda items to include Shea Homes Development Agreement and the Toll Brothers expansion projects that were introduced at the January 4, 2005 meeting. 11. ADJOURNMENT: Commissioner Landis moved and Commissioner DiCecco seconded the motion to adjourn the meeting. (Motion passed with a unanimous 4:0 voice vote. Commissioner Taillon was absent.) The meeting was adjourned at 7:40 p.m. Scott Pozza, Chair ATTEST: Barry K. Hogan, Community Development Director \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0222_pcm.doc 006005 TO: FROM: DATE: ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Planning Commission Barry K. Hogan, Community Development Direct o By: Joseph Fiss, Principal Planner March 4, 2005 (PC Meeting of 3/22/05) SUBJECT: Consider Proposed Development Agreement No. 2003 -01 with Shea Homes, LP pertaining to General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract Map No. 5425, and Residential Planned Development Permit No. 2003 -02 BACKGROUND /DISCUSSION On April 6, 2004, the Planning Commission recommended to the City Council approval of General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract Map No. 5425, and Residential Planned Development Permit No. 2003 -02 for 102 housing units, including the subdivision of approximately 15.13 acres into 3 lots for condominium purposes, located at the terminus of Fremont Street, south of Los Angeles Avenue and east of Majestic Court, on the application of Shea Homes, L.P. The project is commonly known as the Shea 2 Development. The City Council considered the project on March 2, 2005, and continued the matter to the meeting of April 6, 2005. At the March 2, 2005 meeting, the City Council also considered a draft Development Agreement for the project. Councilmembers Parvin and Mikos, as the appointed Ad Hoc Committee, had worked with staff to negotiate this draft Development Agreement with the project applicant. A copy of the March 2, 2005, City Council Agenda Report, including a copy of the draft Development Agreement, is attached. The City Council referred the draft Development Agreement to the Planning Commission for recommendation and set the City Council public hearing for April 6, 2005. On pages 19 and 20 of the draft Development Agreement, dollar amounts related to Low Income Buyer and Very Low Income Buyer initial purchase prices have been left blank pending completion of 006000 Honorable Planning Commission March 22, 2005 Page No. 2 calculations based on Government Code requirements. These numbers will be provided to the Commission at the meeting if they are available. In addition, subsequent to City Council review of the draft agreement, language and calculations relating to Moderate Income Buyer initial purchase price have been added to pages 21 and 22. ENVIRONMENTAL DETERMINATION The Community Development Director has determined that the Mitigated Negative Declaration prepared for the General Plan Amendment, Zone Change, Vesting Tentative Tract Map and Residential Planned Development Permit is sufficient environmental documentation for the Development Agreement. STAFF RECOMMNDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council approval of the Development Agreement with Shea Homes L.P. Attachments: 1. March 2, 2005, City Council Agenda Report 2. Draft Development Agreement 3. Draft Resolution recommending approval to the City Council. \ \Mor_pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \2003 -01 Shea \Reports \PC 050322 da.doc 000007 MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager Oz- DATE: February 24, 2005 (CC Meeting of March 2, 2005) SUBJECT: Consider Proposed Development Agreement between Shea Homes Limited Partnership and City of Moorpark Pertaining to Vesting Tentative Tract No. 5425 BACKGROUND: Proposed Vesting Tentative Tract Map No. 5425 owned by Shea Homes, Limited Partnership (Shea Homes) consists of approximately 14.8 acres including the private street of Fremont Street and 102 proposed single family attached and detached units. A City Council Public Hearing is scheduled for March 2, 2005, to consider the referenced Tract Map 5425, Residential Planned Development Permit No. 2003 -02, General Plan Amendment No. 2003- 02, and Zone Change No. 2003 -02, as well as a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. A City Council Ad Hoc Committee, consisting of Councilmembers Mikos and Parvin, was appointed to negotiate a proposed Development Agreement with Shea Homes. The Ad Hoc Committee most recently met with Shea Homes' representatives on February 22, 2005, and is recommending that the Development Agreement be forwarded to the Planning Commission for a public hearing at its regular March 2005 meeting and set for a Council Public Hearing on April 6, 2005. DISCUSSION: The proposed Development Agreement as recommended by the Ad Hoc Committee and staff is attached. The agreement is shown in legislative format from the approved Development Agreement between the City and Moorpark 150, LLC (SunCal). This is done to PC ATTACHMENT 1 006003 Shea Homes Development Agreement Agenda Report Page 2 February 24, 2005 illustrate the changes since the City's last Development Agreement. Sections 6. and 7. list the Agreements by the Developer (Shea Homes) and City, respectively. Fees in Sections 6.3, 6.4 and 6.10 have been updated by changes in the cited index. The park fee in Section 6.7 has been adjusted to reflect the different land values in the Shea Homes project. Per Section 6.9, Shea Homes will provide twenty (20) affordable housing units.in this project. This is more than the minimum 15 percent (15 %) required under redevelopment law. The affordable units are proposed as follows: 1. Nine (9) for low income households (80% of median income) 2. Six (6) for very low income households (50% of median income) 3. Five (5) for moderate income households (110% of median income) Shea Homes has proposed using its smallest proposed model (approximately 1,600 square feet) to meet this requirement rather than constructing a smaller unit. This model is considered a single family attached unit, commonly referred to as a duplex unit. In prior projects, the allowed size of the units has generally ranged from about 1,050 to 1,250 square feet. The units in this project, however, are all three bedroom units, but the Ad Hoc Committee and staff support this proposal because of the relatively large size of the units compared to other approved affordable units. The affordable housing information contained in the draft, proposed Development Agreement attached to this report will be updated prior to Planning Commission consideration to reflect current income and house sale prices and to include a table for "Moderate Income" as well as the timing on providing the affordable units. The county median annual income has increased from $74,700 to $80,600 for a family of 4 since approval of the SunCal Development Agreement. HUD had not adjusted the county median income information for two years. In addition to the inclusion of 5 percent (5 %) of the project units for moderate income households added to the combined 15 Ooc ;009 Shea Homes Development Agreement Agenda Report Page 3 February 24, 2005 percent (15 %) of total project units as affordable to low and very low income households, two other affordable housing provisions have been included in the proposed Development Agreement. The first item is the inclusion of a Purchase and Sale Agreement (for the 20 affordable units) as an attachment to the Development Agreement, as well as including additional language pertaining to affordable housing in the Development Agreement. This is in lieu of a requirement for a separate affordable housing plan and agreement to be approved at a later date. The Purchase and Sale Agreement has been used for two prior developments to effectuate the sale of units from the developer to the City (or qualified First Time Home Buyer) at an affordable price. The Purchase and Sale Agreement for Tract 5307 (Moondance- Moorpark /Colmer), in legislative format, is attached to the proposed Development Agreement. Language in both the Development Agreement and Purchase and Sale Agreement will provide for an increase (decrease) in the sale price from the developer to the City to reflect future increases (decreases) in median income. The second new provision will be first right of refusal at market rate for up to eight additional units to be offered to the City for purchase prior to the general public. This would require the City to include any of these units in its affordable housing program for moderate income first time buyers. STAFF RECOMMENDATION: The City Council Ad Hoc Committee and staff recommend referral of proposed Development Agreement to the Planning Commission and the setting of the City Council public hearing for April 6, 2005. SK :db Attachments: • Proposed Development Agreement by and between the City of Moorpark and Shea Homes • Proposed Purchase and Sale Agreement S: \City Manager \Everyone \ccagenda \Shea Homes Development Agr Agenda Rpt 0224 2005.doc ooc' 1 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND PC ATTACHMENT 2 006011 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and the owner of real property within the City of Moorpark generally referred to as Vesting Tentative Tract Map r 2�� = -3t� (referred to hereinafter individually as "Developer ") 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, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. 1.2. Prior to approval of this Agreement, but after the approval of the Mitigated Negative Declaration (MND), Mitigation Measures, and Mitigation Monitoring and Reporting Program ( "the MMRP") for the Project Approvals as defined in subsection 1.3 of this Agreement, the City Council of City ( "the City Council ") approved General Plan Amendment No.- -472003 -02 ("GPA 48- X2003 -C2 ") , for approximately 14.8.4 -- _...---...---...---- - - - - -- acres of land within the City ( "the Property "), as more specifically described in Exhibit "A" attached hereto and incorporated herein, and changed the zoning of the Property pursuant to Zone Change No.?- 2��03 -a�2 ("ZC 2ao3 -02" 1 .3 . GPA 2 0 0 3 0298 , ZC �- 2003 02, Vesting Tentative Tract Map 425 3 (Tract-54- Tract 425 -? ) and Residential Planned Development Permit No. 2003 -02 -9-x_2 (RPD 2003- - 0298 -2) [collectively "the Project Approvals" _. __ Shea Homes Dev Agr 0222 2005.doc -2- O0GO12 individually "a Project Approval "] provide for the development of the Property and the construction of certain off -site improvements in connection therewith ("the Project"). 1.4. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.5. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and'this Agreement. Developer anticipates developing the Property over a minimum of three (3) years. 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. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GPA 98-w2 03 02. 1 . 7. the Planning Commission of 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 Deeeffila--- 17, -28g3 the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing approved the Agreement by Ordinance No.- -( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party Shea Homes Dev Agr 0222 2005.doc -3- 006013 M 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 Project that has been fully developed in accordance with the Project Approvals and this Agreement. 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 interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 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 operative date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivered to 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 City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. Development of the Pro erty. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. permitted uses those that are this Agreement. Shea Homes Dev Agr 0222 2005.doc The permitted and of the Property shall allowed by the Project -4- conditionally be limited to Approvals and Ooc,014 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 and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 4.4. Reservations and Dedications. All reservations and dedications of land for public applicable to the Property are set Approvals and this Agreement. 5. Vesting of Development Rights. purposes that are forth in the Project 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. 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. Shea Homes Dev Agr 0222 2005.doc 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 -5- 000015 accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any Shea Homes Dev Agr 0222 2005.doc -6- 00001G reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto, within the Property; or (g) modify the land use from what is permitted by the City's General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. 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(a) 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 City during the term of this Agreement. Shea Homes Dev Agr 0222 2005.doc -7- 006017 The term of any Subsequent Approval, except a tentative map or subdivision improvement or other agreements relating to the Project, shall be one 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 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 City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 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 Shea Homes Dev Agr 0222 2005.doc -8- 006018 allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a 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. 6. Developer Agreements. 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 of the MND and any subsequent or supplemental environmental actions. 6.2. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3. As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be Eight Thousand F1ig ht Hundred E,i net`,'-. ', Ve —SZ ^11 A -= ve-- Do11ars ($8,89,5r,-4x.00) per residential unit and Thirtyg T m� 8 8- B�Forty Thousand Twenty-Eight Dollars — ($40,028.00) per gross acre of institutional land on which the use is located. The fee shall be adjusted annually commencing one (1) year after the first residential building permit is issued Shea Homes Dev Agr 0222 2005.doc -9- 000019 within Tract 5 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 Tract 5425 (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 amount until such time as the next subsequent annual indexing which results in an increase . 6.4. As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Citywide Traffic Fee shall be rem– eusai:id,_ Six �F ndred Gi�cty Feiir — Pears —($4,664.9G) Five Thousand --------------- - Seventy_ Five Dollars ($5,075.00) per residential unit, and Twenty -Two Thousand, Eight Hundred Thirty -Eight Dollars ($222,838.00) per acre of institutional land on which the institutional use is located. Commencing on January 1, 200 >�_-, and annually thereafter, both categories of the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index 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 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. 6.5. As a condition of issuance of a building each residential or institutional use boundaries of the Property, Developer shall community services fee as described herein Shea Homes Dev Agr 0222 2005.doc -10- permit for within the pay City a (Community 0C),x1020 Services Fee) . The Community Services Fee may be expended by 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 institutional land on which the institutional use is located. Commencing on January 1, 2008, and annually thereafter, the Community Services Fee 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. 6.6. On the operative date of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, Project Approvals, and MND . 6.7. Prior to the issuance of the building permit for each residential dwelling unit within the Property, Developer shall pay a fee in lieu of the dedication of parkland and related improvements (Park Fee). On the operative date of this Agreement, the amount of the Park Fee shall be Eight Thousand Two Hundred Forty Dollars ($8,240 00)c 4-8� :3i —for each residential dwelling unit and Fifty Cents ($.50) per square foot of each building used for institutional purposes within the Property. The fee shall be adjusted annually commencing one (1) year after the first residential building permit is issued within Tract `421- -s -G 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 Shea Homes Dev Agr 0222 2005.doc -11- 00G021 (4) months prior to the month in which the first residential building permit is issued within Tract 5425-IS -?9 (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 Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees that the above - described payments shall be deemed to satisfy the parkland dedication requirement set forth at California Government Code Section 66477 et se q. for the Property. 6.8. Provided that prior to recordation of the first final map'for Tract 5.425 3f or March 31, 2006s , whichever is later, Ventura County Waterworks District No. 1 or any successor entity confirms that it has sufficient recycled water to serve the public and community owned landscaped areas within Tract 542_5x-', then 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 Water District. Said lines shall be installed prior to the final cap being placed on all streets. 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 City at its sole discretion. The recycled water line(s) shall be installed for each City approved phase of development and the recycled water shall be in use prior to the first occupancy approval for each City approved phase of development if such recycled water is available within one -half mile of the Property. Developer shall install dual water meters and services for all locations determined necessary by City at its sole discretion to insure that both potable and recycled water are available where restroom and drinking fountains are planned. �_♦. �� _- - -- �� .. �- - �a- i�-- g- �� --�� -tom �� -- - � a� �. �=� _--� - =t Shea Homes Dev Agr 0222 2005.doC -12- 0VGO2 ;+4- e Ti i -j- ------ --- 4 d e 4t - e -n 4 71-nt _F", a we' -1 -Jt �S •ei --r - -4-ne7 m Tilk:� 6.4-�19. Developer shall provide fAAiIEi_I'IiI'.'e bedroom and two bath units with a minimum of square feet to be sold to buyers who meet the criteria for low income (80 percent or less of median income) x (4-'3) bedroom and two (2) bath-,-_.- single family attached units with a minimum of i.,6001 -± 2�� - , T square feet to be sold to buyers who meet the criteria for very low income (50 percent or less of median income); aId fi-,e bedroom and tao "2" L --- - .famil-,I, atLached unit_-s with a minimum of 600 square feet to be ,sold to buyers w-qo meet. the —te ria for mccierar_-e income "I'110 percent or ---- -- I.ess of e a n n lcomre) -led units _. - " All single family a, IC t a, c 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, meet minimum setback requirements of yRPD-,--_-ne Shea Homes Dev Agr 0222 2005.doc -13- OoGO23 2-0.9-3-22, include concrete roof tiles, and other amenities typically found in moderate priced housing in the City (e.g., air conditioning/central heating, washer/dryer hookups, garbage disposal, built-in dishwasher, concrete driveway, automatic garage door opener). The aforementioned twenty (20) un,i-s are collectively -refer-red to as fordable housing units or affordable units .e - -� t 4- -k3e ------ 4- tn� e,- 7 a------ a E ±F__44 Shea Homes Dev Agr 0222 2005.doc -14- A, 006024 Developer further agrees that it has the obligation to provide the required number of affordable_ housing units as specified above regardless of the cost to acquire or construct said housing units. Developer further agrees that City has no obligation to use eminent domain proceedings to acquire any of the required 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 ,_,art i e-s agree to exec_,_, to a -u.rc -ia tine d Sale Agree _c'.^ fur,' —her sets ,r fle ��Tr� ✓p� � � ohl.igat o s of th s sub s��? - _ and City's obligations per subsection 7.7. j 11- �iase .:all e A reeme�.t �� _ .0 - s ac JE attached Llere,-�o as Exh C,'1t ile C7 oa1%__.a l L tv costs for prepara._ion oit rihe- d S a- T,-�r- -Ar7i�. -e�Y PT� and �1 lE rp(t.i�•..t_ r r4 axm i ,st c . -lO i tL O,-i h the sale and oc. ,.i'7 r r' st rre twenty ;1`'; of foraabl.e housing + .,; r'- i9 r,ees L- li`} t Yl�t }e i! }.men �- li . - L7 L, i Ssubse 'L � or. 1 ry �9 and - 7� _� �!1�_ 1'u�:;nci5t:' �:�d Sale C'i�i_ e ..rt }tei -- S � ,O , d t L ne , y ( 20; afora t housing oii stet1 t, wit .h to _i 1�..a�.ii E? SL r-e and Nno.erai. laws and pp that sa ( unij,:s remain affC dable fo- rte 1 —c- e .. -_ rc:< h,'l time. D_Vel CJeY _ .ilt__ lea a Ye__..e.. s tla i e ...-'_t-y S sole C i 3 � c r. + ; 0 1 WI make al1 pert a in-, ng - - - -- — to the s=elect, or? of c + �gible r`sJ.- Ti .ne - Hori,e Bi-i er s and a' ,_ re,- Iuliie,t:ents pl ac ea on t��e sat ;f _ f orr "able housing ts 13 u E r:`> d i f f t c',1�.,e i-�c�t. tc.G t.J.'lE ='. -.il.L l� _t.� i :i ��.1 .. .rl ,a '- 'ic] by s� - - -- a a -a z -r �d Duyer any. maz ,F: t. va' u6 sl �� i he -- -- r °t t Lie City as a second deed - ne actuai ynl ti1a.l pur_ctlase price �o� 1„r 1i7P1 T aZ'iCe val ' e buver e"' ,_ = re s t r1 oils, ecru ty share ir7Q second, dLe._(J croti 1oi oils, and any other deter z_e(, rE cessar�7 A1y the City be approved by tale C t r; _ Shea Homes Dev Agr 0222 2005.doc -15- 006025 cr) I W, (D p;& t - 01 C-T '17 10 10 Shea Homes Dev Agr 0222 2005.doc All units shall meet the criteria of all applicable State laws to qualify as newly affordable to moderate low income and very low income persons (in the quantity as specified in this Agreement) to satisfy a portion of the City's RHNA obligation and - -es} -- e_r -- -the Moorpark Rede ery me ,t Agency's affordable housing goals. None of the affordable units required by this Agreement shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent approvals required of City under this subsection 6. -- shall be made at City's sole discretion. If any conflict exists between this Agreement and - A € €erd rb e - i -t :e %,�r chase a a1 -e Agreemented- - '}s-- -Ag4E- __--or the - - - -. conditions of approval for Tract Map No. - -- 54. 4 and /or RPD No. 2003 s - 0....2-9 - 2-, thv7 en City remo`0 lrlc o r E . � . s s no eligible Time Home Pu \7ers wt}o meet the qualification of moderate, low and low income =v =ce - -------- - - - - -- AFcae -}eft -shall prevail. ,. - Y- c.----}'- 1�,_ Va"` 7_�._._.;.,."f'- :_trYt- _'"•._.� 1`�'�.�;_ -2. :`-� Y_. �. J�- i". ��-_" rif�' �- Ci. � "�'J- L'..._.Cl_`'}'CL� "e"E_1��: -.!' �- �'CT— .LV- ._iiG1J'*_�"J'-- �"'TLt �C_" •= .��i:K,_ 1 —�v�4 Er i- - feck - -: 00002rt t44- r na� t f- J, - ; - - - -- Developer agrees to provide the same home warranties associated with other units in the same project as the a —c�d a f 1[ 0 r d a b le units, - for t h e maximum time required by State law, wlhielae:v� 1er�e, --but in no event less than ten (10) years. Developer agrees that all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the moderatLe income, 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 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 project and final walk-through approval of condition of unit before close of sale. Any options provided to buyers of units 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 10 days of Developer's request for selection. In the event the monthly HOA fees exceed $100.00, 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 Initial Purchase 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 4, the current monthly "affordable housing cost" would be 30% times 700 of Shea Homes Dev Agr 0222 2005.doc —18 000028 $ -4::;T = -, the current median income for a household of 4 in Ventura County, divided by 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 Initial Purchase Price for a low income household of 4 or fewer would be $158,000 under current market conditions, based upon the following assumptions: Low Income Buyer Household of Four Item Detail Amount Initial Purchase Price $8- .y_0.0 Down Payment 596 of estimated market value $ -Or Loan Amount Initial Purchase Price less down payment $0 Interest Rate 6.0% Property Tax 1.25% of Initial Purchase Price $172 /mo. HOA $50 /mo. Fire Insurance $30 /mo. Maintenance $30 /mo. Utilities $186 /mo. The Initial Purchase Price for a low - income household of five or more would be based on the affordable housing cost for the actual household size. Under current market conditions, that price would be $44G-,44- 4 for a household of five, ; r $=s� for a household of six, and for a household of seven. The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on estimated market value of mortgage interest rate of 6 %, no mortgage insurance, property tax rate of 1.25 %, based on Initial Purchase Price, homeowners, association dues of $50 per month, fire insurance of $30 per month, maintenance costs of $30 per month, and utilities of $186 per month for a household of 4, assuming a 3 bedroom unit, and utilities of $213 per month for Shea Homes Dev Agr 0222 2005.doc -19- oou029 households of 5, 6 and 7 persons, assuming a 4 bedroom unit. The Initial Purchase 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 4, the current monthly "affordable housing cost" would be 30% times 50% of $ t -; the current median income for a household of 4 in Ventura County, divided by 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 Initial Purchase Price for a very low income household of 4 or fewer would be $44,-4 under current market conditions, based upon the following assumptions: Very Low Income Buyer Household of Four Item Detail Amount Initial Purchase Price Down Payment 3% of estimated market value $8!4 Loan Amount Initial Purchase Price less down payment Interest Rate 6.0% Property Tax 1.25% of Initial Purchase Price $102 /mo. HOA $50 /mo. Fire Insurance $30 /mo. Maintenance $30 /mo. Utilities $186 /mo. That Initial Purchase Price for a very low - income household of five or more would be based on the affordable housing cost for the actual household size. Under current market conditions, the Initial Purchase Price would be $ --- G- -S;�ag for a household of five, $=:7-T�C4 for a household of six, and $ =! 28}: for a household of seven. The assumptions associated with the above purchase price figures for very low income households include a 3% down payment, based on estimated market value of $28 BE—BE, mortgage interest rate of 6 %, no mortgage insurance, property tax rate of 1.25 %, based on Shea Homes Dev Agr 0222 2005.doc -20- 006030 Initial Purchase Price, homeowners' association dues of $50 per month, fire insurance of $30 per month, maintenance costs of $30 per month, and utilities of $186 per month for a household of 4, assuming a 3 bedroom unit, and utilities of $213 per month for households of 5, 6 and 7 persons, assuming a 4 bedroom unit. Moderate income Buyer Household of Four E C) T ,-il-.JLZIS SC111i D e -1111 be '11--�ased on tFl�ie-- 1-arf- -at,�, ---- - ------ �-).l da"- ol Fol T-� come House'. o-I ccs" fc, a Moderate, T. .. ......... . . ..... .. .... .. sl-ze appropr--ia�...e for she rdless of ac- Uni U rega - - ----- - - -------- U&I si -ze. Af Fc _)rdable d E- f i n e ------ -- -- -- 2 . o fL �--a i . . . ..... ..... orr-f-J, a flealth and Safety r,(.-,de, shall be . .. ......... ... . a r e a d :iii Income f o or Mo d e T E fol r (4' A Moderate, income hou-Se.!, as n93 'b) e �in e C t, i- on, 5 0 ✓ 1 4 fo ;-7. H e,-a, t a n a C 1 1 s One whose -ncome exceeds t11.- i T, cc) me Tq` t o e I �1 e 'LC IUSE-110" JS , b it o es I iot xc e ,Cl d L J ul,--It�ed for far'll".1,Y, s1ze. as r c f�-� s a I ID e le s u r,,,i o a, do v; r a r e- n i r - I I Y'1-1 -------------- p n t- s t he hat maij -------- -- - - ------ ---------- - - 14"4rs- Mr - -- - - -------- )rtqaqe Loan, r i nc, _,�a r -.e--re s on whi c,'- , when c omb ned w i z 1-1 o t fie r Hol.,,s - ------------ C d e f n S e c t o n C- 9 2 0 ) of '17 i e 2 '5) o f the -L L R a_1 - --- - - I- "D Z�, gi a' o n s r e s ul t s n amo u n t- that does ---- -- - --------- - af-Fo-n-'lable hous-Jng cost. Interest. s inc, rat es of'ered h-v -Conv�---�nt onai 1 e nd e L e 7,�L Ve, 1-1 tu r a aT,d p -,,-'L s h ea b-,,- electronlc med i a S,-, C, r-1 . -,as -OLLI, W i L no r, o i n -L s Tut based (D r, Ij- t�y costs sh,-�� e all-owarices -published from time to til-p, . . .... ... . .. ........ ......... e 1Dy the Area 17 of Vent�L,;---a ('o,-int- y P eased roperty tax is as ed on - ---- - ------ he market value of the unit .�-rclhase Pte' Ce of 3, -,bedroom unii t , Fn a mode,I,Cq�6-. -11COMel - ------------------ - . . .... ----- ------ -ent- market e �o L d, would e 0,", 0 unde r ci-1 r,,. Z-11 s &Q` UP 1.1 assum-pt. J C) IC ..... .... . ... . .. . ..... .. . ... .... . . ... ..... . . . . ...... . Shea Homes Dev Agr 0222 2005.doc -21- 006031 Developer acknowledges that changes in market conditions may result in changes to the Initial Purchase Price, down payment amounts, mortgage interest rates, and other factors for bet�- the moderate, low income and very low income buyers. Furthermore, if "affordable housing cost ", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The In lem en - Pe e- s ue Purchase r c hase ana Sale Agreement shall address this potential change. In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Initial Purchase Price shall be based on a household size of 4 persons and consistent with all requirements of this subsection 6.9q -1. 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. Shea Homes Dev Agr 0222 2005.doc -22- 006032 Item Detail Amount _urchwse Price _ Pa s e:�� . _ 5 ��- ��L.r �',ase 5 'rice. �.. _, - �- tai ' C :3 Pr 1. c less dowl1 . P y -'Tt nt _ - 7 Market: Sr�a1�. Pr-' Ce L. a1 h.E CaSLI; .t -t- V 'I,S. ui m0. T ___ _ ' 7�J'mo. Developer acknowledges that changes in market conditions may result in changes to the Initial Purchase Price, down payment amounts, mortgage interest rates, and other factors for bet�- the moderate, low income and very low income buyers. Furthermore, if "affordable housing cost ", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The In lem en - Pe e- s ue Purchase r c hase ana Sale Agreement shall address this potential change. In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Initial Purchase Price shall be based on a household size of 4 persons and consistent with all requirements of this subsection 6.9q -1. 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. Shea Homes Dev Agr 0222 2005.doc -22- 006032 Developer shall pay closing costs for each unit, not to exceed $6,000. Beginning March 1,��2�;�(', and on March is for each of fifteen subsequent years, 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 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. 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. Np less ti�an to � rty � ? 0) days -Qr 4 or ,�- �, r �e + ror sale to the general. pub- is of Jr - _____ ___ - - -... d I1 t h Mode L s an ,rte T by tr PD 2003 -02, itr a oroximazey l'° -- = � _ -- TDevelop,e shall C J1.t n n» *_it Said - _.. intended sale. d n -- r r s_Ei x� i- r c ! ca e, r repo, r. __- ,� - _ T -- ...- , _ y ��ii c3. 7t-rr i_ t1 .- SC� IaY5 Gf uu. C .0 Ce, rtV may i:�,'IZr (-Alctae one Cam' ,1:Or'c O� !1�.: have - c fF'Le ced and enter .,'..rCU PsCro Teri ^F oz such other price as La�� be nF xoi-_. .r;d by Lt1e bar es - Derel- o- per wa rnt th sai i �� le. - -. T o hiuher. than what woul -d be offered _o �.,,- 1 ca 4j a1 e ried purchasr from the genezal _� x -- _ -- =— e wa rear t.S triat ir 1. PXe PiSP_S its rich, 2 "'s , -- - -- - -- - -. ..._.._ - - -- w , 1 -o, rr 1iase said unite for the a u ;. F -Y se 1 incf t r o a our"',1 ifled 1, v -Jme - �M n E Ex e ai ,_q moderate i ncor: e T -a i recmei,, cff b r, - >; U . , ... Ie artless, said Fi I 2 1 may be subst i Cute for City w i t i L c Cc 1. W r t'..iP t Llia - - -- - ne wry wil a work with bu y er to finance th . ouY cn�se of t rye unit. Buyer nets all the sa- ,.�� ,o�,� _ _ _ __- 1 -- Warian- ies as the purchase of any market rate unit in the Project. - - - -- Shea Homes Dev Agr 0222 2005.doc -23- O00033 6.47k 10. Developer agrees that the Mitigation Measures included in the City Council approved MND and MMRP, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to City an air quality mitigation fee, as described herein (Air Quality Fee) , in satisfaction of the Transportation Demand Management Fund mitigation requirement for the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. Shea Homes Dev Agr 0222 2005.doc At the time the Fee is due, 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, Si.x Hundred, Thirty -Six Dollars ($1,636.00r:GE}) per residential unit to be paid prior to the issuance of each building permit for the first residential unit in Tract 5130. 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. For institutional uses, the Air Quality Fee shall be calculated by the Director of Community Development consistent with the then applicable Ventura County Air Quality Management District URBEMIS Model prior to the first occupancy approval for each institutional use. -24- W_W034 6.- 4 -1_1. Developer hereby waives any right that it may have under California Government Code Section 65915 et. seq., or any successor thereto, or any other provision of Federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of dwelling units approved to be constructed on the Property. 6.1 -= 2. Developer agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway and median landscaping, 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, street lighting, and if requested by the City Council, parks 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 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 of said property owner associations shall be more specifically defined in the conditions of approval of Tract 54253 - 4 and RPD 2003-- C,29z4 1. 6.13. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at Shea Homes Dev Agr 0222 2005.doc -25- 006035 the operative 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. 6.4-rn,14.Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) fee for each residential lot and institutional 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 and institutional use. — - - - -Pz rQi— La -- -ate v caz - -e-—k c^ —z iTs 3— t3?r is Pre , veleper shall pay te the 1 --ilty -Se ;,rent.— r, MN I•04R MT g'a' 'ie 7 '.g' �eyQ —� —� , and 4:1. T -s �v d in Initial stiudy eiEpe}ded by in its sele— discretion f63=f it -s ee a-e i:i i e i t i e n ;:;;q ra ��c c ;�crrirc 6F} . 6 .478-15. The street improvements for ut.Y-eets scheduled for d.edl_ cation to the C-;.,---,l shall be designed and constructed by Developer to provide for a 50 -year life as determined by the City Engineer. • y _ r 'ate '(rfE?- a .- "ZI--+I a } f1p, 7_ -V'PFr,1 33-t -& - ---'�- -k=rK - -` --i1 7 ! 6.f4�16. 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 and 6.5, 6.10 and E;.!/ of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto and that for purposes of Government Code Section 65865(e) and statutes amendatory or supplementary thereto ce ems— Shea Homes Dev Agr 0222 2005.doc -2 6 - 6.11",7. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved MND and MMRP. } 2 c d— Fi- -;ft-a Fs 'x3 �- Tc: - z r S x1}3s - - - -- fe=' �Ys t-Cff -- �i�t 1— �- f3 `4n, 1�r� 5 r�2 rs Be t t.. FJ z� k. -..F — Jv L -4e-se-L- ..k�� 6.23 -18_ Developer agrees to provide City with cash deposits as City may require at its sole discretion to pay all City and related costs for the proceedings and related services for possible formation of a District as referenced in subsection 7.6 of this Agreement, which may be required to be paid prior to formation of a District, or in the event a District is not formed, after the commencement of proceedings related thereto. Said costs may include but are not limited to attorney fees, engineering fees, City staff costs, and City overhead expenses of fifteen percent (150) on all out of pocket and professional service costs. Developer further agrees that City may at its sole discretion select the bond counsel, underwriter, financial advisor and any other professional service provider City deems necessary to process the possible formation of a District. Shea Homes Dev Agr 0222 2005 -doc -27- 6. 4_9 _. Developer agrees that any election to acquire property ....._..... by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 7. City Agreements. 7.1. 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 Project area and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7.2. If requested in writing by Developer and limited to City's legal authority, 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 City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs. 7.3. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of approval for Tract '__42-E--1--_-4-4 ` and RPD 2003-02 47 and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading and construction of on -site and off -site improvements. In the case of failure to comply with the terms and conditions of the early grading Shea Homes Dev Agr 0222 2005.doc WMZ 006038 agreement, the City Council may by resolution declare the surety forfeited. 7.4. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. 7.5. City agrees that the Park Fee 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. 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 6.2; 18 of this Agreement, City shall commence proceedings to form a Mello -Roos Community Facilities District ( "District ") and to incur bonded indebtedness to finance all or portions of the public facilities, infrastructure and services that are required by the Project and that may be provided pursuant to the Mello - Roos Community Facilities Act of 1982 (the "Act "); provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the District 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 District may also include fees for funding public facilities, infrastructure and services that are required by the Project to the extent permitted by the Act as determined by bond counsel for the District's bond indebtedness financing. 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 District. 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. Shea Homes Dev Agr 0222 2005.doc —2 9 — 0000.39 In the event that a District 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. 7.7. The City agrees to appoint an affordable housing staff person to oversee the implementation of the affordable housing requirements for the Property required herein for the duration such units are required to be maintained as affordable consistent with the provisions of subsection 6.x-19 of this Agreement and the Purchase and Sale Agreement. - - L �xT�iaii b �� -ems -t ireete -aye -= e ng- ��een� ems- -� the pi=ep-E� p-r-&jeet and en _ General �' Tc ELCt�i-� —B`� _ - ... v , ^,..�i..:.�,-�}- .i-- r.�. -cz•:v �'�� =-E,i} G e ii n e i -tom -t e o-v l -epee 7.48. 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. Shea Homes Dev Agr 0222 2005.doc -30- O oG®40 ,..7 �- l e u i i CZ�se'i�''-- '[ -riCYe '�'r(ieLT�ii� T —G 1! the 4 1 S 1.. - -C Ma his/her o f this g t a'Q'Cr.Cl7rS7Z -Q ealendai-a. tag r t yL rep e Failure }'xz z x iir- ter°- �i�n c eefRe d as rejlec t--Je n e f- said unit. -i ng�ne -e g�- -E� P F'' -Shall h, - - L �xT�iaii b �� -ems -t ireete -aye -= e ng- ��een� ems- -� the pi=ep-E� p-r-&jeet and en _ General �' Tc ELCt�i-� —B`� _ - ... v , ^,..�i..:.�,-�}- .i-- r.�. -cz•:v �'�� =-E,i} G e ii n e i -tom -t e o-v l -epee 7.48. 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. Shea Homes Dev Agr 0222 2005.doc -30- O oG®40 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer's compliance with the MMRP. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives 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; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of 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; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) 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. 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: Shea Homes Dev Agr 0222 2005.doc -31- 00041 (a) practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement; or (c) materially breaches any of the provisions of the Agreement. 11.2. Default by City. 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 Shea Homes Dev Agr 0222 2005.doc -32- 0 402! Agreement shall be limited to the 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 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—.14 6.12, 6-.-13, 6.14, 6.15, 6.16, 6.17, 6.18, 6z9, 6.2-4—or subsection 6.23 -19_of this Agreement, 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 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 City gives notice to Developer of a breach, 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 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 City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from 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 City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action Shea Homes Dev Agr 0222 2005.doc -33- 000'043 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 City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of S �e �� - r _rater 15.40 Of vile - Pde - Mooruark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement Shea Homes Dev Agr 0222 2005.doc -34- 006044 at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement. 16. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision 'thereof, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval 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. Shea Homes Dev Agr 0222 2005.doc -35- 006045 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 Ord) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. Shea Homes Dev Agr 0222 2005.doc -36- ooc,04G 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by -0 --4if Ch. ,p-1e , 40 Mo Y az ti Mii i_Na Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the Implementation Plan be found to be in conflict with any provision of this Agreement, the provisions of the Implementation Plan shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may counterparts, each of which shall be all of which constitute one and the Shea Homes Dev Agr 0222 2005.doc -37- be executed in multiple deemed an original, but same instrument. 006'047 IN WITNESS WHEREOF, and City of Moorpark have executed this Development Agreement on the date first above written. CITY OF MOORPARK Patrick Hunter Mayor OWNER/DEVELOPER Meer-p-ar-k-1-50-j- j- eeqt�,� -- -------- - ----- � -; e T 7- Shea Homes Dev Agr 0222 2005.doc -38- 000048 To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: 4� -47- EXHIBIT "B" ADDRESSES OF PARTIES RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND SHEA HOMES, L.P. FOR VESTING TENTATIVE TRACT NO. 5424 AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -02 WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that property; and WHEREAS, the owners of the land with an application for Vesting Tentative Tract No. 5425 Residential Planned Development No. 2003 -01 have applied to the City of Moorpark to seek a Development Agreement with the City pursuant to Chapter 15.40 of the Moorpark Municipal Code; and WHEREAS, the Planning Commission of the City of Moorpark has previously reviewed the Mitigated Negative Declaration, General Plan Amendment, Zone Change, Vesting Tentative Tract Map and Residential Planned Development requests and recommended to the City Council approval of said requests; and WHEREAS, the Mitigated Negative Declaration prepared for General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development No. 2003 -02 is sufficient environmental documentation for the Development Agreement, since the Development Agreement relates to providing for the financing and or construction of various improvements and facilities relating to the project area that have already been addressed by the Mitigated Negative Declaration for the project; and WHEREAS, the City Council desires that the Planning Commission evaluate and provide recommendations for revision, denial and /or approval of a Development Agreement between the City and owners, and has provided the Commission with true copies of the Development Agreement; and WHEREAS, a duly noticed public hearing was conducted by the Planning Commission on March 22, 2005, to consider the Development Agreement and to accept public testimony related thereto; and PC ATTACHMENT 3 0000Sio Resolution No. PC -2005- Page No. 2 WHEREAS, the Planning Commission has considered all points of public testimony relevant to the Development Agreement and has given careful consideration to the content of the Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The potential environmental impacts concerning this Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area which have already been addressed by the Mitigated Negative Declaration prepared for the General Plan Amendment, Zone Change, Vesting Tentative Tract Map and Residential Planned Development Permit. SECTION 2. RECOMMENDATION: The Planning Commission recommends that the City Council approve Development Agreement No. 2003 -01 in the form and content presented to the Planning Commission on March 22, 2005. SECTION 3. DOCUMENTS TO CITY COUNCIL: A copy of this resolution, documents furnished by the public, and minutes of the public hearing shall be furnished to the City Council. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 22nd day of March, 2005. AYES: NOES: ABSTAINED: ABSENT: Scott Pozza, Chair ATTEST: Barry K. Hogan, Community Development Director 006051 ITEM: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by: Scott Wolfe, Principal Planner„ DATE: March 4,- 2005 (PC Meeting of 3/22/05) SUBJECT: Consider a Request to Amend Specific Plan Number 1995 -02 (Moorpark Highlands Specific Plan) Relating to Development Standards; and to Approve Residential Planned Development No. 2004 -01 for the Construction of 102 Multiple - Family Units within Planning Area 5 of Specific Plan Area No. 2, Located Approximately One -Half Mile North of the Northerly Terminus of Spring Road and Three - Fourths of One Mile East of Walnut Canyon Road, on the Application of Pardee Homes. (Assessor Parcel Numbers: Portions of 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500 -0- 270 -20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024 -23) BACKGROUND On September 15, 1999, a General Plan Amendment, Specific Plan, Zone Change, and Development Agreement were approved by the City Council for Specific Plan Area No. 2 (Moorpark Highlands). Vesting Tentative Tract Map No. 5045, which included the entire Specific Plan area, was approved on August 2, 2000. On April 15, 2004, Pardee Homes submitted Residential Planned Development (RPD) Permit applications 2004 -01, 2004 -02, and 2004 -03 for Planning Area 5 (102 attached condominiums), Planning Area 8 (37 single- family, detached houses) and Planning Area 9 (95 single - family, detached houses) respectively. The Planning Commission opened a public hearing for these applications on November 16, 2004, and continued the agenda item with the hearing open to allow the applicant to make minor changes to the project. The public hearing was closed on December 7, 2004, when the changes were not ready for Planning Commission review. No public testimony was given at either of these meetings. RPD Permit applications 2004 -02 and 2004 -03 for Planning Areas 8 and 9, along with an application to amend certain zoning standards specific to these planning areas, have received recommendations for \ \mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2009 \ -01 Pardee \Agenda Rpts \PC050322Agenda Report.doc 0 �Co 0 5- Honorable Planning Commission March 22, 2005 Page 2 approval by the Planning Commission at the January 4, 2005 meeting. RPD Permit application 2004 -01 for Planning Area 5 is now ready to be heard. DISCUSSION Project Setting Existing Site Conditions: The subject property consists of 445 acres of land within the Specific Plan Area No. 2, located north of the existing northerly terminus of Spring Road, and approximately one -half mile east of Walnut Canyon Road. The site is currently vacant and is being graded for development. Previous Applications: Specific Plan No. 1995 -02 was approved in September of 1999 for Specific Plan Area No. 2. The Specific Plan identified the project area and established overall development patterns for 570 residential units in neighborhoods of varying densities, a public school site, a public park site, numerous areas of public and private open space, and an area set aside as a resource conservation area for the coastal sage scrub community which currently exists on -site. Along with the Specific Plan, Tentative Tract Map No. 5045 was approved, which established the subdivision design of the subject property. In December of 2003, the Community Development Director approved a Permit Adjustment for the Tentative Tract 5045, making minor adjustments to the street pattern and slightly reducing the number of residential units within the Specific Plan area to 552. In January of 2004, the City Council approved a Modification to Tentative Tract 5045, allowing the installation of gates to the entries to each of the individual neighborhoods within the Tract, and allowing the private maintenance of neighborhood streets within the Tract. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site ...................... .... --... _.__...._...._................. ...................... SP 2 _ ................... _._ ......................... _ .... _ .......... _..--.-_ .... ........................... SP ...................... ... ... .._ ................................. Vacant North - Agricultural (County) _ ................. AE (County) .............................................. _ ........................................................................ I ......... _........ Agricultural South Medium Low Density Residential AML) R -1 Single- family Residential East Low Density Residential (L), Freeway ROW, County RPD /OS (City ... . Single- family Residential/ ...._........._ ................. ...........................ppen Space...( 5)_. ....................._ and County) _.............................. . Vacant/Golf Course Open Space (OS) /Medium ................ .. . . .. .. . .... ..... _.................. ..... ....... . ............ ....................... .... .... West Density Residential(M), OS /RE /RA Vacant/Waterworks District/ works Rural Low Residential RL SWater n oo0015-3 Honorable Planning Commission March 22, 2005 Page 3 General Plan and Zoninq Consistencv: The Specific Plan, as adopted, is consistent with the City's General Plan. The individual Planning Area land use designations within the Specific Plan serve to establish permitted uses and densities. There are no proposed changes to these designations, nor are there any proposals within the proposed projects which would result in an inconsistency with the land use designations. Project Summary Specific Plan Amendment Specific Plan No. 1995 -02 includes development standards specific to each of the various Planning Areas. These standards are also incorporated as Chapter 17.74 of the Zoning Ordinance. On January 4, 2005, the Planning Commission recommended approval of proposed amendments to the development standards in the Zoning Ordinance for Planning Areas 8 and 9. Changes to sections of the Specific Plan for Planning Areas 8 and 9 are proposed as follows for consistency with the proposed Zoning Ordinance Amendment. No changes to development standards are proposed for Planning Area 5. 000054 Planning Area PA-8 (30,000 sq. ft. min., PA-9 (10,000 sq. ft. min., Standard 33,434 sq. ft. avg.) 14,098 sq. ft. avg.) Existing Proposed Existing Proposed Front 35' minimum. No more than 2 35' minimum. No more than 30' minimum. No more 30' minimum. Setback adjacent lots to have same 2 adjacent lots to have same than 2 adjacent lots to No more than 2 setback, then S to 5' setback, then at least 3' have same setback, then adjacent lots to have variation. Swing garages variation. Swing garages 3' to 5' variation. Swing same setback, then at facing side or rear of lot may facing side or rear of lot may garages facing side or least 3' variation. Swing have 15' setback. have 15' setback. rear of lot may have 15' garages facing side or setback. rear of lot may have 15' setback. Side Setback Sum of side yards to be 20' Sum of side yards to be 20' 10% of lot frontage, or 7' 10% of lot frontage, or minimum. RV access 12' with with minimum of 7.5' with 20' bldg. separation. a minimum of 7' with min. 20' bldg. separation 20' bldg. separation. On irregularly shaped lots, a minimum side setback of 7' may be permitted at the discretion of the Community Development Director, so long as the average separation between the subject building and the adjacent building is at least 20'. 000054 Honorable Planning Commission March 22, 2005 Page 4 Residential Planned Development Permit The proposed Residential Planned Development project addresses the architecture and plotting of units for Planning Area 5. RPD NO. Planning Area Standard PA-8 PA -9 Range of Unit Size (30,000 sq. ft. min., 33,434 sq. t. avg.) (10,000 sq. ft. min., 5 102 14,098 sq. ft. avg.) 1,107 sf to 1,843 sf Existing Proposed Existing Proposed Rear Setback Dwelling: 50' min. No Change proposed. Dwelling: 30' min. Dwelling: 30' min., but Patio: 10' min. 2 Story Patio: 20' min. Patio: 10' min. 2nd Story Patio: 20' min. may be reduced to 15' at the discretion of the Accessory Structure: 5' min. Accessory Structure: 5' Community min. Development Director, if at least 1600 square feet of contiguous private usable open space is maintained in the side and rear yard areas, and the minimum separation between the rear of the building and the rear or side of the building opposite the rear lot line is 60'. Patio: 10' min. 2nd Story Patio: 20' min. Accessory Structure: 5' min. Parking No Tandem Parking Tandem Parking Allowed for No Tandem Parking Tandem Parking 3rd Space Allowed for 3rd Space Solar Panels Not in Front Elevation Delete Standard Not in Front Elevation Delete Standard Residential Planned Development Permit The proposed Residential Planned Development project addresses the architecture and plotting of units for Planning Area 5. RPD NO. Acres Planning Area Number of Units Average Lot Size Range of Unit Size 04 -01 8.5 5 102 N/A 1,107 sf to 1,843 sf Proposed Project Architecture: Planning Area 5 - Multiple- family units are proposed for Planning Area 5. The proposed units range in size from 1,107 to 1,843 square feet. Two different building types would each contain three (3) units. Two of the units in each building would be two -story units, with the third being a single -story unit built across the top of the garages of all three. The smaller units have three bedrooms and two bathrooms, while larger units have three bedrooms with an optional fourth bedroom and two and one -half bathrooms, or 000055 Honorable Planning Commission March 22, 2005 Page 5 four bedrooms with three bathrooms. The buildings conform to the maximum building heights within the RPD zone (the tallest unit is 28'0" high at its highest point), and the design arrangement of buildings would be monitored to ensure an open "single- family feel" to the neighborhood. The two (2) product types would be built with a selection of three (3) different architectural vocabularies: Italian, Early California and Craftsman. Examples of two of these styles are shown in the attached plans. Each architectural style will be utilized in at least twenty -five percent (250) of the homes to be built. Each architectural style will have three (3) color /material schemes, especially selected to accentuate the style. This will result in a neighborhood of compatible buildings but lacking the repetitive appearance often found in multi - family developments. Recreation: Community recreational facilities in Planning Area 5 include a community swimming pool, recreation /meeting room, and tot lot. These facilities are intended to supplement the small private open space areas provided to each unit. Each building's two -story units include a small yard area behind the unit for use as private usable open space. The second story "carriage units" will not have ground floor open space areas, but will have a minimum of 200 square feet of balcony area to provide some outdoor recreational space for the residents. Parking: The project proposal meets the minimum requirements for off - street parking, but includes a request for tandem parking for a third parking space within some of the garage areas. This issue is discussed further in the Analysis section below. Circulation- Access to and from the project would be taken from "A" Street, a proposed public arterial street through the center of the Specific Plan area, which will connect to both "C" Street and the future extension of Spring Street as proposed within Specific Plan No. 2. ANALYSIS Issues Architectural design, building plotting, and other design standards are appropriately addressed through the review of the RPD Permit application for this project. Staff analysis of the proposed Honorable Planning Commission March 22, 2005 Page 6 project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Allowance for Tandem Parkin Allowance for Tandem Parkina: Tandem parking is a configuration is to end, rather than side by side. permitted for required parking as coordination by the vehicles users, space. However, it has in the past the required minimum. z which vehicles are parked end This type of parking is not it requires extra effort and discouraging use of the second been allowed for parking above The Specific Plan establishes Municipal Code Chapter 17.32 as the requirements for parking within these planning areas. This chapter requires two (2) covered spaces per multi - family unit, one of which must be in a garage. The applicant is proposing to provide a tandem parking space for the "carriage units" within planning area 5 to allow for a narrower building fagade, which will give a more single- family, detached appearance. However, each of these units will have another covered space assigned to it from the bank of covered spaces throughout the project. This will assure that each unit meets the code requirements for 2 covered spaces. The tandem space will be usable as either a parking space, or a workshop or storage location. Findings The following findings are proposed for the Residential Planned Development Permit: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the General Plan, any applicable specific plans, Zoning Ordinance, and any other applicable regulations. B. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the south, east, and west, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed multiple- family use is compatible with existing and permitted uses in the surrounding area, in that the existing and planned uses in the area include single- family, detached residences, a park, and a school. 0060512 Honorable Planning Commission March 22, 2005 Page 7 TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under these limits, a decision on the project must be made within 180 days of the certification of the Environmental Impact Report. Since the EIR was certified prior to the filing of this application, a decision on the application must be made within 180 days of being determined to be complete. Date Application Deemed Complete: February 28, 2005 City Council Action Deadline: August 26, 2005 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. An EIR (SCH No. 96041030) has been prepared and certified for this project. No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of any proposed modification to the project. The Community Development Director has determined that the projects are consistent with the EIR prepared for Specific Plan No. 2. 0.'50058 Honorable Planning Commission March 22, 2005 Page 8 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Residential Planned Development Permit No. 2004 -01. 3. Adopt Resolution No. PC -2005- , recommending to the City Council approval of an amendment to Specific Plan No. 1995 -02 pertaining to development standards for Planning Areas 8 & 9. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site plan for Planning Area 5 B. Elevations for Planning Area 5 3. Draft Planning Commission Resolutions A. Recommending Approval of RPD No. 2004 -01 B. Recommending Approval of Amendment to Specific Plan No. 1995 -02 000059 � i.9 Sp/S[ /E 51 9A61Md3LS- SVd¢ di069WV1d3llSAlp \pNtll \¢¢tl]\06910[p[ \tlltlpd \H x y� 3a W O ` � W b 3 Eei� 5 _ g RBR a W c I � r Iq �tltl 1 N I ( _ J o z "7y ,r J I . _�� 1 r l� I I , CIj I i ' r , I 1 I i PC AT ACHMENT 2.a. CRAFTSMAN jda. 1! Ail _ I BUHMu 0 TYM -A- Pardee Homes M O O R P A R K PA -S PC ATTACHIENT 2.b. ©06062 -------- - - - - -- -- - --- 7 D�G DFN /OPT. DE33RM 4 UIP-0 0 --t L PLAN 3 18-43 SF -L'AU ------------------ PLAN 2 1429 S.F. BUU-DING TYPE "A" Pardee Homes M 0 PAPA R K - 5 000063 ' I r; rra LIAN I RIG]Tr i �I 5 .. L2 ACC WT SrtK' •uTa�ww. a wwT miovneTaa c aTSLrww awvrrma a ncoewxna vawr P. IDOOtm l.V�TA61 o. iNKO 8 lfl12U OVA T(IAY 111W L GTOe! HMO (BMDY LOMq i �O�?AfpA L QLIaQa IIa V @O 0. ¢Mass P. TOW lO[s� O II¢(N l'bla�l L YC�LO.WRDORI a pR�ATTPE )4® T. wOmisaaq ¢ ®L9T CN BUR.DII+'G TfPE "B" Pardee Homes M O O R P A R K -- PA -5, o� s bS03 eaw�v 0060C4 f L_ Pardee Homes 1 1350 S.P. BUILDING TYPE "B" M O O R P A R K P A - 5 25-03 Damao PLAN 2 1429 SP. B.-11931VIN O4_)E01065 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2004 -01 FOR CONSTRUCTION OF A TOTAL OF 102 MULTIPLE - FAMILY DWELLING UNITS WITHIN SPECIFIC PLAN AREA NO. 2, LOCATED APPROXIMATELY ONE -HALF MILE NORTH OF NORTH OF THE NORTHERLY TERMINUS OF SPRING ROAD AND THREE - FOURTHS OF ONE MILE EAST OF WALNUT CANYON ROAD, ON THE APPLICATION OF PARDEE HOMES. (ASSESSOR PARCEL NUMBERS: 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500- 0 -270- 20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024-23) WHEREAS, at a duly noticed public hearing on March 22, 2005, the Planning Commission considered Residential Planned Development Permit No. 2004 -01 for the construction of 102 multiple- family dwelling units on 8.5 acres within Planning Area 5 of Specific Plan No. 2, located approximately one -half mile north of the northerly terminus of Spring Road and three - fourths of one mile east of Walnut Canyon Road, on the application of Pardee Homes. (Assessor Parcel Numbers: 500 -0- 270 -07, 500- 0 -027- 08, 500 -0- 270 -19, 500 -0- 270 -20, 500 -0- 024 -03, 500 -0- 024 -04, 500- 0- 024 -22, 500 -0- 024 -23); and WHEREAS, at its meeting of March 22, 2005, the Planning Commission opened the public hearing; considered the agenda report and any supplements thereto and any written public comments; took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that the projects are consistent with the findings of the Environmental Impact Report, and any amendments thereto, approved in connection with the Moorpark Highlands Specific Plan (No. 1995 -02) and has considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying \ \mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2004 \ -01 Pardee \Reso - Cond\PC050322.doc PC ATTACHMENT 3A 000060 Resolution No. PC -2005- Page 2 studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(C): A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the General Plan, any applicable specific plans, Zoning Ordinance, and any other applicable regulations. B. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the south, east, and west, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed multiple- family use is compatible with existing and permitted uses in the surrounding area, in that the existing and planned uses in the area include single- family detached residences, a park, and a school. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Residential Planned Development Permit No. 2004 -01 for the construction of 102 multiple- family dwelling units on 8.5 acres within Planning Area 5 of Specific Plan No. 2 per Special and Standard Conditions of Approval per Exhibit A; and SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: 000067 Resolution No. PC -2005- Page 3 PASSED, AND ADOPTED this 22nd day of March, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2004 -01. OwAGS Resolution No. PC -2005- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004 -01 SPECIAL CONDITIONS 1. The Pardee Homes architectural booklet titled "Moorpark PA- 5" dated March 11, 2004, and the Planning Area 5 Architectural Plans dated January 27, 2005, shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings and color and materials samples that have depicted the respective architectural styles and sub - styles shall be incorporated in the project, as presented in the above - mentioned plans and materials. 2. Prior to the issuance of a Zoning Clearance for building permit for the first residential building, the Applicant shall submit wall plans to the Community Development Department for review and approval. The wall plans shall be approved prior to the issuance of the first building permit. 3. At least twenty -five (250) percent of the residential buildings, but no more than forty (400) percent, of the dwellings shall be represented by any one of the architectural styles. No sub -style shall be represented by more than sixty (600) percent of the dwellings for each architectural style. 4. All units designated as affordable housing shall be designed and appointed in the same manner at the market rate units. For example, if the market rate units have tile counters the affordable units will have identical tile counters. If the market rate units have dishwashers and garbage disposals the affordable units will have the identical garbage disposals and dishwashers. The exception to this condition is that the Applicant shall provide clothes washing and drying machines and window coverings in all affordable units designated under the provisions of the Development Agreement for the Moorpark Highlands Specific Plan. 5. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved 006069 Resolution No. PC -2005- Page 5 conditions, the Zoning Code and compatible with the dwellings along that street frontage, as determined by the Community Development Director and consistent with the requirements of the Zoning Ordinance. 6. Prior to the occupancy of the first unit, the Applicant shall submit to, and have approved by, the Community Development Director, a notice to be signed by all future buyers, acknowledging the planned construction of a public park and future roadway improvements on the SR 23 bypass. The notice shall identify potential impacts associated with these improvements, including, but not limited to noise and light impacts. An acknowledgement that planned construction of a public park and future roadway improvements on the SR 23 bypass shall be recorded as part of the subdivision map or if there is no subdivision map as a separate instrument. 7. The covered parking and guest development shall be designated parking shall be labeled as suc Community Development Director. to its assigned covered parking the greatest extend feasible. parking spaces within the for each unit and the guest h to the satisfaction of the The distance from each unit space shall be minimized to STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map No. 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) 1 -year extensions for 0€ 60 l o Resolution No. PC -2005- Page 6 project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial 3 -year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit, the Applicant shall install front yard landscaping as approved on the landscape plans. 5. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen (151) feet of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than five (5') feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Community Development Department consistent with the requirements of the Zoning Code. 7. Garages shall maintain a clear unobstructed dimension of twenty (201) feet in length and ten (101) feet in width for each parking stall provided with a minimum of two (2) garage - parking stalls required for each dwelling unit. 8. Rain gutters and downspouts shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002 -03. 00601-111 Resolution No. PC -2005- Page 7 C. For compliance with the following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the following conditions please contact the Police Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 0060"72 RESOLUTION NO. 2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO SPECIFIC PLAN NO. 1995 -02 TO REVISE DEVELOPMENT STANDARDS AND DESIGN GUIDELINES, LOCATED APPROXIMATELY ONE -HALF MILE NORTH OF THE NORTHERLY TERMINUS OF SPRING ROAD AND THREE - FOURTHS OF ONE MILE EAST OF WALNUT CANYON ROAD, ON THE APPLICATION OF PARDEE HOMES. (ASSESSOR PARCEL NUMBERS: PORTIONS OF 500- 0 -270- 07, 500 -0- 270 -08, 500 -0- 270 -19, 500 -0- 270 -20, 500 -0- 240 -03, 500 -0- 240 -04, 500 -0- 240 -22, 500 -0- 240-23) WHEREAS, on January 4, 2005, the Planning Commission adopted Resolution No. PC- 2005 -468, recommending approval to the City Council of Residential Planned Development Permit No. 2004- 02 for the construction of 37 single- family, detached dwelling units on 28.4 acres within Planning Area 8 of Specific Plan No. 1995 -02 and Residential Planned Development Permit No. 2004 -03 for the construction of 95 single- family, detached dwelling units on 92.4 acres within Planning Area 9 of Specific Plan No. 1995 -02, and Zoning Ordinance Amendment No. 2004 -05, for the amendment of development standards and design guidelines within Specific Plan No. 1995 -02; and WHEREAS, on March 22, 2005, at a duly noticed public hearing, the Planning Commission considered a request for an amendment to Specific Plan No. 1995 -02, for the amendment of development standards and design guidelines within Planning Areas 8 & 9 of the Specific Plan; and WHEREAS, at a duly noticed public hearing held on March 22, 2005, the Planning Commission considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that the projects are consistent with the findings of the Final Environmental Impact Report, and any amendments thereto, certified in connection with the Moorpark Highlands Specific Plan No. (1995 -02) and has considered information in the environmental document in its deliberations of the projects before making a recommendation to the City Council concerning the project. PC ATTACHMENT 3B Resolution No. 2005 - Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDING OF CONSISTENCY: The Planning Commission hereby finds that the proposed amendment to Specific Plan No. 1995 -02 is consistent with the Moorpark General Plan. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission hereby recommends to the City Council approval of: A. Subsection (A) of Section 9.2.2 of the Specific Plan No. 1995 -02 (Moorpark Highlands Specific Plan) is hereby revised in its entirety as shown in Exhibit A, attached hereto and incorporated herein by this reference. B. Exhibit 32 of Specific Plan No. 1995 -02 (Moorpark Highlands Specific Plan) is hereby amended as shown in Exhibit B. SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 22nd day of March, 2005 Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Attachments: 1. Exhibit A - Amendments to Development Standards for Specific Plan No. 1995 -02 2. Exhibit B - Amended Exhibit 32 of Specific Plan No. 1995 -02 0 0 O F'4 Resolution No. 2005 - Page 3 Exhibit A Amendment to Specific Plan No. 1995 -02 Section 9.2.2 Single - family residential site development standards. A. Specific Plan No. 2 Residential Planned Development Single- family (SP2- RPD -SF) 1.3 -2.5 du /ac Zone. (See Exhibits 31 and 32 at the end of this Section.) 1. Minimum Lot Area: ten thousand (10,000) square feet. 2. Building Setbacks: a. Front setback minimum for 10,000 square foot lots is thirty (301) feet. The front setback minimum for 30,000 square foot lots is thirty -five feet (35'). The front setbacks for the proposed single- family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of five feet (5') variation for the front setback between adjacent lots, with no more than two (2) adjacent lots having the same front setback. This variation may be reduced to three feet (31) at the discretion of the Community Development Director where a variation of five feet (5') on a given lot will result in non- compliance with rear yard or other setback requirements. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side or rear property line, shall have a minimum front setback of fifteen feet (151). b. Side yard setback minimum for a single- family dwelling unit on a 10,000 square foot minimum lot is ten percent (100) of the lot frontage. However, the setback can be reduced to a minimum of seven feet (7') if a twenty foot (201) separation is maintained between adjacent structures. On irregularly- shaped lots, a minimum side setback of seven feet (7') may be permitted at the discretion of the Community Development Director, so long as the average separation between the subject building and the adjacent building is at least twenty (20') feet. For a 30,000 square foot minimum lot, the sum of side yards shall be a minimum of twenty feet (201) with a minimum side yard (one (1) side) of seven feet (7'), and a minimum twenty foot (201) separation between adjacent structures. Recreational vehicle storage within the side yard shall be screened with a solid gate ®0601 'S Resolution No. 2005 - Page 4 at least eight feet (8') in height, and shall occur only on a concrete surface capable of supporting the vehicle. C. Rear setback minimum for a single- family dwelling unit on a 10,000 square foot minimum lot is thirty feet (301), and on a 30,000 square foot minimum lot is fifty feet (50'); for an enclosed patio or open patio cover is ten feet (10'); for a second story deck or balcony is twenty feet (20'), and for an accessory structure is five feet (5'). On a 10,000 square foot minimum lot, the rear setback may be reduced to fifteen feet (15') at the discretion of the Community Development Director, if at least 1,600 square feet of contiguous private usable open space is maintained in the side and rear yard areas, and the minimum separation between the rear of the building and the rear or side of the building opposite the rear lot line is sixty feet (60'). d. For projects located in Planning Area 8, no habitable structures shall be located closer than two - hundred feet (200') from the north /east specific plan boundary. 3. Maximum building height: a. Thirty -five feet (351) for dwelling units; b. Fifteen feet (15') for accessory structures; C. Twelve feet (12') for a patio cover and second floor deck or balcony, not including railing height; d. No more than three (3) stories shall be permitted. 4. Fences and Walls. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a city- approved noise study for the residential planned development permit. 5. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code. Tandem parking shall be permitted for garage spaces that provide for parking beyond the required minimum. 6. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. Resolution No. 2005 - Page 5 7. Standards Relating to Animals. The keeping of animals shall comply with Chapter 17.28.030 of the Moorpark Municipal Code. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be complementary with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- Around Front Elevation Treatment. The architectural style and treatment included along the front elevation of a single- family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the residential planned development permit approval body. s'1( 000 ® Resolution No. 2005 - Page 6 uY K a fit Exhibit B I u m N E ir�au.00r.00� s A I s 0000,17 3 ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner DATE: March 1, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider Residential Planned Development Permit No. 2003- 04, General Plan Amendment 2003 -04, Zone Change 2003 -03, and Tentative Map No. 5463 for Fifty -One (51) Single - Family Homes on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road, on the Application of Toll Brothers, Inc. (Assessors Parcel Number 502- 0 -140- 02) BACKGROUND This project is proposed in conjunction with the existing Country Club Estates Project. The existing project consists of two- hundred- sixteen (216) single- family dwellings and twenty -seven (27) holes of golf, with a clubhouse and maintenance facilities, located at the northern City limits on the west side of Walnut Canyon Road and extends westerly to include frontage on Grimes Canyon Road. The original project (RPD No. 1994 -01, Conditional Use Permit No. 94 -01, Vesting Tentative Tract Map No. 4928, General Plan Amendment No. 94 -1, and Zone Change No. 94 -1) was approved on April 17, 1996. Several modifications have been approved relating to the number of golf course holes, timing of improvements and landscaping, fencing and clubhouse requirements. A subsequent General Plan Amendment and a Zone Change were approved to align land use designation and zoning boundaries with tract boundaries, and to clarify setbacks for ornamental orchards. The City Council approved Minor Modifications to clarify Conditions of Approval on July 2, 2003. A Conditional Use Permit to allow the sale of liquor in conjunction with the golf course and clubhouse was approved on August 20, 2003. Toll Brothers, Inc. filed an application for this project on December 23, 2003. Changes in the General Plan Designations on the site from Rural Low Residential (RL), Open Space -2 (OS -2) and \ \mor pri sery \City Share \Community Development \DEV PMTS \R P D \2003 \ -04; TR 5463 Toll Bros \Agenda Rpts \PC Agenda Report.032205.doc 0000"01 9 Honorable Planning Commission March 22, 2005 Page 2 Public Institutional (PUB) to Medium Low Density Residential (ML),Open Space (OS -2) and Public Institutional (PUB) and changes in Zoning on the site from Rural Exclusive -5 acre minimum lot size (RE -5ac), Open Space - 500 acre minimum (OS- 500ac), and Institutional (I) to Residential Planned Development (RPD) , Open Space - 500 acre minimum (OS- 500ac) and Institutional (I) are requested for the development of fifty -one (51) single- family homes (Attachment 2). This application is being processed concurrently with a Modification to RPD No. 1994 -01 and Tentative Tract No. 5464 for an expansion of the existing Country Club Estates project to the northeast. Portions of the analysis are cumulative; however, each is a stand -alone project, to be evaluated on its own merits. DISCUSSION Project Setting Existinq Site Conditions: The proposed project is located on 43.3 acres located on the north side of Championship Drive, east of Grimes Canyon Road (Attachment 1). An Initial Study and Draft Mitigated Negative Declaration have been prepared for this project (Provided to the Commission under separate cover.). The project site is hilly with steep gradients rising from the roadways. Elevations range from approximately 741 feet above mean sea level (MSL) to approximately 907 feet above MSL on the Husted parcel. Native vegetation on most of the Husted site has largely been degraded or eliminated by grazing and brush clearing. Predominant vegetation types on this site are coastal sage scrub and annual grasslands. The project site is located in the northernmost part of the City of Moorpark. North of the project site, in unincorporated Ventura County, are mainly agricultural lands. To the west of the site is Grimes Canyon Road, and beyond, undeveloped open space and agriculture, also in unincorporated Ventura County. On the south of the site are residences of the Moorpark Country Club Estates, and to the east existing open space and a portion of the Moorpark Country Club Golf Course. Previous Applications: Tentative Tract Map No. 5322 was submitted on August 16, 2001, for a subdivision consisting of seven (7) lots. This application was subsequently deemed withdrawn due to lack of activity and incompleteness. 000080 Honorable Planning Commission March 22, 2005 Page 3 General Plan and Zoninq Consistencv: The applicant is concurrently requesting a General Plan Amendment and Zone Change for this project. The current General Plan designations of the site are Rural Low Residential (RL) , Open Space -2 (OS -2) and Public Institutional (PUB). The current Zoning designation is RE (Rural Exclusive) -5, Open Space - 500 acre minimum (OS- 500ac), and Institutional (I). The applicant is proposing to change the General Plan designation for the residential portion of the site to Medium Low (ML), Open Space -2 (OS -2) and Public Institutional (PUB) and the Zoning to Residential Planned Development (RPD) , Open Space - 500 acre minimum (OS- 500ac), and Institutional (I). The proposal would result in a gross density of 1.2 dwelling units per acre for the entire site before dedication of streets. The requested zoning designation of RPD would accommodate the proposed density and be consistent with the zoning of the adjacent approved Planned Development. The General Plan designation of Medium Low (ML) allows a maximum density of 2.0 dwelling units per acre. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Rural Rural Low Exclusive - 5 Residential acre minimum (RL), Open (RE -Sac), Site Space -2 (OS- Open Space - Unimproved, 2), and 500 acre Landscaped, Public minimum (OS- Graded Institutional 500 ac) and (PUB) Institutional .............. _....--------------- ...................... ...................... _ .......... _ ................................................................................................................................................................__..................... ( I ) North Agricultural Agricultural ... ............................. ..... ......... _.._.__........ .............. . Agricultural ............................................ _ ......... _--- - - - - -- - - - - - ... - - ......._............._........................................._.__.............................................__.........................................................................................._...._--._............................... Exclusive Medium Low .........................._...- - - - -... South and Open RPD and OS Residential - - - - -- Space ... . .......... ------- - - - - -- - -- ._.._ ................. .... ................. - -- .............. .................... East - -- .. ..... ........ ....... _.........._......._.........._.......__......._......... Open Space ....... ....... ............... ....... ..................................._........................................................__._........................................._........._.._............. .........._._ ... ...... ..... .................. OS ............__...._._............................ ......................._._... -- .._..._.. ..................... .............. Golf /Open Space West Agricultural Agricultural .............. .............._.__._........................ ............... . ... . ......................... ...... Open Space p p Exclusive The purpose of the Residential Planned Development zone is to provide areas for communities, which will be developed, utilizing modern land planning and unified design techniques. This zone provides a flexible regulatory procedure in order to encourage: 000081 Honorable Planning Commission March 22, 2005 Page 4 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single- family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and 5. A more varied, attractive and energy- efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. The project, as proposed, is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). Chapter 17.38.030 (m) of the Zoning Ordinance provides an exemption for properties having development agreements that exempt them from the provisions of this chapter. Further discussion of this issue is provided in the Analysis section of this report. Project Summary Tentative Tract /Parcel Map No. 5463: Parcel No. Size (in acres) Size (in sq. ft.) 1 -51 Average (Residential) 0.44 19,360 Largest Lot 0.66 28,562 Smallest Lot 0.30 12,913 All Res. Lots 22.70 988,812 A &I (Detention) 1.32 57,499.2 B -F (Open Space) 15.99 696,524.4 G (Streets) 3.03 131,986.8 Total 43.04 1,874,822.4 000082 Honorable Planning Commission March 22, 2005 Page 5 Planned Development Permit No. 2003 -04: Parcel Proposed Use 1 -51 Residential Lots A &I On Site Detention B-F Open Space G Internal Private Streets Proposed Project Architecture /Setbacks: Toll Brothers, Inc. is proposing to build the same product as they are currently producing on Tract No. 4928. The production of these homes by Toll is a "semi- custom" approach, whereby each buyer picks their own lot and a floor plan, elevation, and colors from several options. Further discussion of the architecture takes place in the analysis section of this report. Circulation: The proposed project would be accessed through a gated private street off of Championship Drive, aligning with the private street, Trevino Drive. Homes take access from four (4) interior private streets, including a small looped street and a cul -de -sac. Emergency access to Grimes Canyon Road would be provided on the northwest side of the site, complying with Ventura County Fire District requirements for secondary access. This access will only be available to emergency personnel, via a "Knox Box" system. Vehicles will be able to enter the site via Championship Drive from either Walnut Canyon Road or Grimes Canyon Road. Traffic: A traffic analysis was prepared by Austin -Foust Associates, Inc. in November 2004. A copy of this report can be found in Appendix J of the Initial Study for this project. This project was analyzed in conjunction with the application for Tentative Tract Map No. 5464 and included analysis of 17 related projects. Summarily, the existing plus project traffic analysis indicates that, in conjunction with 17 other ongoing projects, the proposed project is considered to contribute to the cumulative short -range (2007) need for improvements at the Grimes Canyon Road /Los Angeles Avenue intersection. This is a County intersection, and the impact would be addressed by the project's participation in the County's Traffic Impact Mitigation Fee Program. With this mitigation, this would not be considered to be a cumulatively significant impact. In the long -range (2020) future traffic conditions, the project in 000083 Honorable Planning Commission March 22, 2005 Page 6 conjunction with the 17 related projects would also contribute to the cumulative need for the long -range (2020) Moorpark circulation improvement program. The proposed project would be required to implement the identified non - committed improvements in the City of Moorpark on a fair share basis. As a result, the project's incremental impact on long -range future traffic conditions in the City of Moorpark would not be cumulatively considerable. If approved, mitigation measures from the Initial Study will be incorporated into the project as Conditions of Approval. Landscaping: Landscaping for this project will consist of two types. Common area landscaping will be provided in open space and slope areas and private landscaping in front and rear yards will be provided by individual homeowners. The majority of the site will be graded and thus, introduced landscaping will be required for slope stabilization. Ungraded areas will remain natural, on a case -by- case basis. The entrance to the site on Championship Drive will consist of keynote landscaping. All landscaping will be required to be consistent with the City's Landscape Guidelines. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities, to the maximum extent feasible as determined by the City, are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project, in conjunction with Tentative Tract No. 5464 will produce 19.25 pounds of NOX per day, which is not in excess of the allowable 25 pound threshold, providing a conclusion that as a stand alone project, there will not be an impact on regional air quality as a result of these individual projects. However, since this project will be constructed in conjunction with the existing development, it would be appropriate to provide mitigation consistent with the existing development, or pay a fee in- lieu -of mitigation at the time of building permit issuance. A special condition of approval will be included regarding the payment of Traffic Systems Mitigation fees for air quality purposes. 000084 Honorable Planning Commission March 22, 2005 Page 7 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Hillside Management Ordinance • Visual Impacts • Architecture • Models • Hillside Management Ordinance As mentioned above, the project as proposed is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). The majority of the site will be mass - graded to create streets and pads. The cut and fill on site will be balanced. Under the Hillside Management Ordinance, this project would be required to provide 18.8 acres of ungraded open space on site. The applicant is proposing to maintain 2.0 acres of open space on site (Attachments 3 D and E). This has been found to be a potentially significant environmental issue, unless mitigated off -site. On -site mitigation is preferred but not feasible with this proposed project. Since off -site mitigation is the only option in this instance, an increased amount of open space must be provided, over and above that required by the Code. Staff has determined that a ratio of four (4) acres of off -site ungraded open space must be provided for every one (1) acre of required ungraded open space. Since there is a deficit of 16.8 acres on site, 67.2 acres of ungraded open space must be provided for off -site mitigation. This open space can be physically provided, or a fund could be established through the City for this purpose. This is discussed in detail in the Initial Study. Chapter 17.38.030 M allows the City to approve a development agreement to exempt a project from the requirements of the Hillside Management Ordinance. The applicant will be requesting a development agreement for this project, and has indicated that such an exemption will be requested. The Planning Commission, in their recommendation, should consider that as it is proposed, this project does not at all comply with the Hillside Management Ordinance. The Planning Commission will have an opportunity to review and make a recommendation on the development agreement, in which this issue will be discussed in detail. 00GOS5 Honorable Planning Commission March 22, 2005 Page 8 • Visual Impacts Although not considered a "significant impact" from an environmental perspective, visual impacts from the project merit review and discussion. Currently, the properties south of Championship Drive have a view of an unimproved hillside to the north. Should the project be built, this view has the potential of changing. The applicant has proposed grading and landscaping at the top of the slope to screen the proposed homes from the view of the homes on the south side of Championship Drive (Attachment 3 F). The cross - sections provided show that this additional grading and landscaping would minimize views of the new houses from the existing subdivision. • Architecture Staff recommends incorporating the Architectural Design Guidelines from the original project by reference, as a condition of approval with final approval by the Community Development Director. The Design Guidelines have been an invaluable tool for staff throughout the development of the Moorpark Country Club Estates project. These guidelines outline the allowable architectural styles, floor plans, colors, setbacks and development restrictions for the individual lots. The design guidelines allow for diversity in architecture, while controlling the overall theme of a semi -rural country club environment. Monotony is reduced through a variety of allowable front setbacks, none less than twenty -five feet (251), and a restriction that disallows identical homes adjacent to each other. By allowing for a combination of floor plans, elevations, and colors, there are an almost endless number of options for homebuyers. All of the elevations include tile roofs, brick or stone facades, large entries and substantial articulation. Large side and rear setbacks are provided on large, wide lots, also allowing for enhanced architectural opportunities, and in most cases, eliminating a "garage forward" design on most floor plans. Gates, walls, fences, and any accessory structures will be required to be consistent with the existing Moorpark Country Club Estates, but may have some unique characteristics, identifying this as its own neighborhood. • Models The applicant has been requested to provide a topographic model of the site, consistent with the City's policy and practice. Topographic models are requested of hillside projects for use as analytic tools when evaluating effects upon the hillside from grading and to evaluate effects upon views to and from neighboring properties. The applicant has informed us that this model is being prepared, but is not available as of the writing of this staff QooO8G Honorable Planning Commission March 22, 2005 Page 9 report. Staff requested preparation of the model to provide the City and the public with a better idea of what the end product, if approved, would look like. Because the model has not been available, and because the comment period for the environmental documentation has not yet begun, staff is recommending that action by the Planning Commission be deferred until the April 26, 2005 meeting. DEVELOPMENT AGREEMENT Toll Brothers, Inc will apply for a development agreement pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code chapter 15.40 prior to Council consideration of this project. The development agreement is needed to address the Hillside Management Ordinance and other development issues. A City Council Ad -hoc Committee will be established to develop a draft development agreement which would be presented to the Planning Commission as a separate item at a future meeting if so directed by the City Council. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02, to allow for a density up to 1.2 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02, to allow for a density up to 1.2 units per acre. 3. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. 4. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 000087 Honorable Planning Commission March 22, 2005 Page 10 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for the improvement of Fremont Street and for the site to the east have been identified and incorporated in the design of this project. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. The following findings are offered for the Residential Planned Development Permit: 1. The site design, including structure, location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations in that the site design is consistent with modern development techniques, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project. 3. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the surrounding, existing and future development includes single- family, detached homes of similar density. 000088 Honorable Planning Commission March 22, 2005 Page 11 PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Since this project includes a General Plan Amendment, Zone Change, and development agreement, which are legislative matters, it is not subject to processing time limits. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that, with the incorporation of mitigation measures identified in the Initial Study as conditions of approval, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, and has prepared a Mitigated Negative Declaration. A copy is attached under separate cover for Planning Commission review and consideration. A 30 -day comment period on the Mitigated Negative Declaration will begin within a few days after the Planning Commission meeting. 000089 Honorable Planning Commission March 22, 2005 Page 12 STAFF RECOMMENDATION Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to April 26, 2005. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. General Plan Amendment Map B. Zone Change Map C. Tentative Tract Map D. Cut and Fill Map E. Hillside Management Exhibit F. Cross - Section Exhibits Note: Architectural Design Guidelines, Initial Study and Proposed Mitigated Negative Declaration have been provided to the Planning Commission under separate cover. Copies of these documents are available in City Hall. 00009'0 Gr imes Tract =x s�64 Canyon 5463 Road haripanshp Drive A t 154 (j] V Country Club Estate, (Tract 4928, RPD 94 -01 Walnut Canyon Road r IN1@� LOCATION MAP 0 NORTH PC ATTACHMENT 1 J.• I TOL13655 Ten tctiveIExhibits�3655Lond Uses - GPs. dwg Mor 17 2005, 4:08pm -ckn 0 Q$ -2 OS -2 OS -2 F� PROPOSED GENERAL PLAN ® EXISTING GENERAL PLAN GENERAL PLAN N 1'600' ` dENSEN 4171''' �. �. TOLL BROTHERS SHEET VENTURA, CALIF. 93003 OF DESIGN PHONE 805/654 -8977 TRACT 5463 � !! ET, INC FAX 605/654 -8979 www.jdsci,A.mm Mar 17, 2005 AT TACFIMENT 3.a. 0 �4 /• 1-0Z I3655 � Tentotive lExhibits �J655tcnd Uses - GPs. dwg Mor 17 2005, 4-- 08pm rockn Os os F� PROPOSED ZONING F1EXISTING ZONING LAND USE . STE. 4A TOLL BROTHERS SHEET 4171 MARKET ST. JENSEN VENTURA, CALIF 93003 A DESIGN PHONE 805/654-6977 OF �-600' &SURVEY, INC FAX TRACT 5463 805/654-6979 www.jdwiw.com Mar 17, 2005 PC ATTACHMENT 3.b. ! Y iii �' a/ � ■5 y r xe leaYlatgia4sa9MlhohlaeaixlralNtl I .i. � 3 �3��''.. �rtirr�� - a Oillllllll — n � ! i 4 ` w E z H U H M U a 000095 xe leaYlatgia4sa9MlhohlaeaixlralNtl I .i. � OO BO O O B0 �3��''.. E z H U H M U a 000095 TRACT 3 Me K*Me raft. Lit 6» wh"m erbthg tm av Owd 1,074140 -� CUT M- nu s F� PC ATTACHMENT 3 .d. O q SAIKY.JK Xtl1 AIrWYr.�LVaroRr aamear r ACNS/AtR iA.LR1SIRS ]Cd] PC ATTACHMENT 3.e. PmmECr WE MOORPARK Lr ," wwry Aw xor ro scvc 7RACr 548J - Sa-f ANAL MS (DnIM CON WN) �" _..4.�° coact aa.rACaa.) .aarwlaaerrAAu caLw RANSf AREA PDMr 0( -10f IJIAC 9pf Aa' - Af II.J AC JJ! JOf f AIOK AI AC Ig A AL SOK AaALaA' AACM II.J AC � MACr 5i5J - galr ACr ARA w (wR N1mm mv"r ca a? RAW'E I AREA I P&COr Oi -AX JACIs SOT MGfau euam AACA MO ACS GUAW AWACr LARIS RPACr 80%L Rr '/Q1.6.RMO iRgldCr lRAOIp v a� lRACr ACA SOIL all QO'Ag5 Ltl6a.L'ILIM /ACRRZ SLYCS o. Ii�i SLOPE EXHIBIT aG9AC S.AIt 11104 O ,q O PC ATTACHMENT 3.f. i rooxruu r �ern�ur l CLUB ESTATES )RPARK WEST ✓e Tract 5463 IA 24 2 a, - w a �Narw. dWFAY�MIt... w pis _du u � _ �'� t i6 d .} PC ATTACHMENT 3.f. i rooxruu r �ern�ur l CLUB ESTATES )RPARK WEST ✓e Tract 5463 IA 24 2 (I T7- ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner DATE: March 1, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider Residential Planned Development Permit No. 1994- 01; Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 for Thirty - six (36) Single - family Residential Homes on 28.69 acres, North of Championship Drive, and West of Walnut Canyon Road, on the Application of Toll Brothers, Inc. (Assessors Parcel Number 502 -0- 150 -03) BACKGROUND This project is proposed in conjunction with the existing Country Club Estates Project. The existing project consists of two- hundred- sixteen (216) single- family dwellings and twenty -seven (27) holes of golf, with a clubhouse and maintenance facilities, located at the northern City limits on the west side of Walnut Canyon Road and extends westerly to include frontage on Grimes Canyon Road. The original project (RPD No. 1994 -01, Conditional Use Permit No. 94 -01, Vesting Tentative Tract Map No. 4928, General Plan Amendment No. 94 -1, and Zone Change No. 94 -1) was approved on April 17, 1996. Several modifications have been approved relating to the number of golf course holes, timing of improvements and landscaping, fencing and clubhouse requirements. A subsequent General Plan Amendment and a Zone Change were approved to align land use designation and zoning boundaries with tract boundaries, and to clarify set backs for ornamental orchards. The City Council approved Minor Modifications to clarify conditions of approval on July 2, 2003. A Conditional Use Permit to allow the sale of liquor in conjunction with the golf course and clubhouse was approved on August 20, 2003. Toll Brothers, Inc. filed an application for this project on December 23, 2003. Changes in the General Plan Designation from \ \mor pri sery \City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 O11E� � (� TR 5464 \Agenda Rpts \PC Agenda Report.032205.doc V " Honorable Planning Commission March 22, 2005 Page 2 Rural Low Residential (RL) , Medium Low Residential (ML) and Open Space -2 (OS -2) to Medium Low (ML) and Open Space (OS) and a change in Zoning from RE (Rural Exclusive) -5 acre minimum lot size, Residential Planned Development and Open Space - 500 acre minimum (OS- 500ac) to Residential Planned Development (RPD) and Open Space - 500 acre minimum (OS- 500ac) are requested for the development of thirty -six (36) single family homes. It should be noted that seven of these lots are being reconfigured from the existing Tract No. 4928 for a net increase in the Country Club Estates development of twenty -nine (29) lots. This application is being processed concurrently with a RPD No. 2003 -04 and Tentative Tract No. 5463. Portions of the analysis are cumulative; however, each is a stand- alone project, to be evaluated on its own merits. DISCUSSION Project Setting Existinq Site Conditions: The proposed project is located on 28.69 acres located on the north side of Championship Drive, west of Walnut Canyon Road (Attachment 1). An Initial Study and Draft Mitigated Negative Declaration have been prepared for this project (Provided to the Commission under separate cover.). The project site is hilly with steep gradients rising from the roadways. Elevations range from approximately 840 to 920 feet above MSL. This site is largely in use as an estate residence. Good quality coastal sage scrub remains on slopes above the home and yard, and west and south of the parcel. In the remainder of the site, native vegetation has been eliminated by brush clearing, conversion to residential and ornamental uses, and ongoing clearance for fire safety. No special- status plants were located on the Mazur site. The project site is located in the northernmost part of the City of Moorpark. North of the project site, in unincorporated Ventura County, are mainly agricultural lands. To the east of the site is Walnut Canyon Road, and beyond, a similar ranch estate. South of the site are residences of the Moorpark Country Club Estates. Open space and a future residential area of the Country Club Estates project are to the west. Previous Applications: There have been no previous applications submitted for this site. 000101 Honorable Planning Commission March 22, 2005 Page 3 General Plan and Zoninq Consistencv: The applicant is concurrently requesting a General Plan Amendment and Zone Change for this project. The current General Plan designations of the site are Rural Low Residential (RL), Medium Low (ML) and Open Space -2 (OS -2). The current Zoning designation is RE (Rural Exclusive) -5, Residential Planned Development (RPD) and Open Space - 500 acre minimum (OS- 500ac). The applicant is proposing to change the General Plan designation for the residential portion of the site to Medium Low (ML) and Open Space (OS) and the Zoning to Residential Planned Development (RPD) and Open Space - 500 acre minimum (OS- 500ac). The proposal would result in a gross density of 1.3 dwelling units per acre for the entire site before dedication of streets. The requested zoning designation of RPD would accommodate the proposed density and be consistent with the zoning of the adjacent approved Planned Development. The General Plan designation of Medium Low (ML) allows a maximum density of 2.0 dwelling units per acre. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Rural Low Residential One Residence and Site (RL), Medium RE -5ac, RPD One Guest House, Low (ML) and and OS -500 Graded areas, Open Space -2 landscaped areas .................._........................._._.......__........ (OS -2) _..._......_............. _ .... . _.........._ ...... North Agricultural g Agricultural - ._................ ............................... - - ............ ............................... Agricultural .................................... _._. .................. _. ......... - - -- ....- - ----. ..................................... - -- E xclusive _ ......................... Medium Low ......... .......... _ ... .................................. ...... - ................................. _. South and Open RPD and OS Residential Space East Agricultural g Agricultural a n.c Ranch/Estate ................ ._..........------------ ................ ............._.......... Medium L.ow ..._.......... .............._...... ........................ .... ........ ... .... - ...... .....h ./E.....st.a.teExclusive . . .... ................ .._.._ ................ ........ . ......... ............ .... _ ....._......_..__.... West and Open RPD and OS Residential /Open Space Space The purpose of the Residential Planned Development zone is to provide areas for communities, which will be developed, utilizing modern land planning and unified design techniques. This zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 000102 Honorable Planning Commission March 22, 2005 Page 4 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single- family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and 5. A more varied, attractive and energy- efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. The project as proposed is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). Chapter 17.38.030 (m) of the Zoning Ordinance provides an exemption for properties having development agreements that exempt them from the provisions of this chapter. Further discussion of this issue is provided in the Analysis section of this report. Project Summary Tentative Tract Map No.5464: Parcel No. Size (in acres) Size (in sq. ft.) 1 -36 Average (Residential) 0.44 19,277 Largest Lot 1.30 56,701 Smallest Lot 0.33 14,292 All Res. Lots 15.48 674,308.8 A (Detention) 0.47 20,473.2 B (Water Reservoir) 1.70 74,052 C (Open Space) 9.24 402,494.4 (Streets) 1.80 78,408 FD Total 28.69 1,249,736.4 Planned Development Permit No. 1994 -01; Modification 6: Parcel Proposed Use 1 -36 Residential Lots A On Site Detention B Water Reservoir C Open Space D Internal Private Streets 000 -1 03 Honorable Planning Commission March 22, 2005 Page 5 Proposed Project Architecture /Setbacks: Toll Brothers, Inc. is proposing to build the same product as they are currently producing on Tract No. 4928. The production of these homes by Toll is a "semi- custom" approach, whereby each buyer picks their own lot and a floor plan, elevation, and colors from several options. Further discussion of the architecture takes place in the analysis section of this report. Circulation: The proposed project would be accessed through a private street from an existing gated private street, Sarazen Drive, which connects to Championship Drive. Homes will take access from three (3) interior private streets, including a looped street from Sarazen Drive to Palmer Drive, and a small cul -de -sac. Vehicles will be able to enter the site via Championship Drive from either Walnut Canyon Road or Grimes Canyon Road. Traffic: A traffic analysis was prepared by Austin -Foust Associates, Inc. in November 2004. A copy of this report can be found in Appendix J of the Initial Study for this project. This project was analyzed in conjunction with the application for Tentative Tract Map No. 5464 and included analysis of 17 related projects. Summarily, the existing plus project analysis indicates that in conjunction with the 17 related projects the proposed project is considered to contribute to the cumulative short -range (2007) need for improvements at the Grimes Canyon Road /Los Angeles Avenue intersection which is a County intersection. However, the project's incremental impact on short -range (2007) traffic conditions would be addressed by the project's participation in the County's Traffic Impact Mitigation Fee Program and therefore, would not be considered cumulatively considerable. In the long -range (2020) future traffic conditions, the project in conjunction with the 17 related projects would also contribute to the cumulative need for the long -range (2020) Moorpark circulation improvement program. The proposed project would be required to implement the identified non - committed improvements in the City of Moorpark on a fair share basis. As a result, the project's incremental impact on long -range future traffic conditions in the City of Moorpark would not be cumulatively considerable. If approved, mitigation measures from the Initial Study will be incorporated into the project as Conditions of Approval. 006104 Honorable Planning Commission March 22, 2005 Page 6 Landscaping: Landscaping for this project will consist of two types. Common area landscaping will be provided in open space and slope areas and private landscaping in front and rear yards will be provided by individual homeowners. The majority of the site will be graded and thus, introduced landscaping will be required for slope stabilization. Ungraded areas will remain natural, on a case -by- case basis. All landscaping will be required to be consistent with the City's Landscape Guidelines. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities, to the maximum extent feasible as determined by the City, are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project, in conjunction with Tentative Tract No. 5463 will produce 19.25 pounds of NOX per day, which is not in excess of the allowable 25 pound threshold, providing a conclusion that there will not be an impact on regional air quality as a result of these individual projects. However, since this project will be constructed in conjunction with the existing development, it would be appropriate to provide mitigation consistent with the existing development, pay a fee in lieu of mitigation at the time of building permit issuance. A special condition of approval will be included regarding the payment of Traffic Systems Mitigation fees for air quality purposes. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Hillside Management Ordinance • Architecture • Models 000105 Honorable Planning Commission March 22, 2005 Page 7 • Hillside Management Ordinance As mentioned above, the project as proposed is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). The majority of the site will be mass - graded to create streets and pads. The cut and fill on site will be balanced. Under the Hillside Management Ordinance, this project would be required to provide 5.9 acres of ungraded open space on site. The applicant is proposing to maintain 1.4 acres of open space on site (Attachment 3 D and E) . This has been found to be a potentially significant environmental issue, unless mitigated off -site. On -site mitigation is preferred but not feasible with this proposed project. Since off -site mitigation is the only option in this instance, an increased amount of open space must be provided, over and above that required by the Code. Staff has determined that a ratio of four (4) acres of off -site ungraded open space must be provided for every one (1) acre of required ungraded open space. Since there is a deficit of 4.5 acres on site, 18 acres of ungraded open space must be provided for off -site mitigation. This open space can be physically provided, or a fund could be established through the City for this purpose. This is discussed in detail in the Initial Study. Chapter 17.38.030 M. allows the City to approve a development agreement to exempt a project from the requirements of the Hillside Management Ordinance. The applicant will be requesting a development agreement for this project, and has indicated that such an exemption will be requested. The Planning Commission, in their recommendation, should consider that as it is proposed, this project does not at all comply with the Hillside Management Ordinance. The Planning Commission will have an opportunity to review and make a recommendation on the development agreement, in which this issue will be discussed in detail. • Architecture Staff recommends incorporating the Architectural Design Guidelines from the original project by reference, as a condition of approval with final approval by the Community Development Director. The Design Guidelines have been an invaluable tool for staff throughout the development of the Moorpark Country Club Estates project. These guidelines outline the allowable architectural styles, floor plans, colors, setbacks and development restrictions for the individual lots. The design guidelines allow for diversity in architecture, while controlling the overall theme of a semi -rural country club environment. Monotony is reduced through a variety of allowable front setbacks, none less than twenty -five feet (25'), and a restriction that disallows identical homes adjacent to each other. By allowing for a combination of floor plans, elevations, 0001®G Honorable Planning Commission March 22, 2005 Page 8 and colors, there are an almost endless number of options for homebuyers. All of the elevations include tile roofs, brick or stone facades, large entries and substantial articulation. Large side and rear setbacks are provided on large, wide lots, also allowing for enhanced architectural opportunities, and in most cases, eliminating a "garage forward" design on most floor plans. Gates, walls, fences, and any accessory structures will be required to be consistent with the existing Moorpark Country Club Estates, but may have some unique characteristics, identifying this as its own neighborhood. • Models The applicant has been requested to provide a topographic model of the site, consistent with the City's policy and practice. Topographic models are requested of hillside projects for use as analytic tools when evaluating effects upon the hillside from grading and to evaluate effects upon views to and from neighboring properties. The applicant has informed us that this model is being prepared, but is not available as of the writing of this staff report. Staff requested preparation of the model to provide the City and the public with a better idea of what the end product, if approved, would look like. Because the model has not been available, and because the comment period for the environmental documentation has not yet begun, staff is recommending that action by the Planning Commission be deferred until the April 26, 2005 meeting. DEVELOPMENT AGREEMENT Toll Brothers, Inc. will apply for a development agreement pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code Chapter 15.40 prior to Council consideration of this project. The development agreement is needed to address the Hillside Management Ordinance and other development issues. A City Council Ad -hoc Committee will be established to develop a draft development agreement which would be presented to the Planning Commission as a separate item at a future meeting if so directed by the City Council. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. oo(AL0,r Honorable Planning Commission March 22, 2005 Page 9 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. 3. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. 4. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for the improvement of Fremont Street and for the site to the east have been identified and incorporated in the design of this project. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. The following findings are offered for the Residential Planned Development Permit: 1. The site design, including structure, location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations in that the site design is consistent with modern development techniques, and the Ooolos Honorable Planning Commission March 22, 2005 Page 10 development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed; 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project; and 3. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the surrounding, existing and future development includes single- family, detached homes of similar density. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Since this project includes a General Plan Amendment, Zone Change, and development agreement, which are legislative matters, it is not subject to processing time limits. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental 000:109 Honorable Planning Commission March 22, 2005 Page 11 documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that, with the incorporation of mitigation measures identified in the Initial Study as conditions of approval, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, and has prepared a Mitigated Negative Declaration. A copy is attached under separate cover for Planning Commission review and consideration. A 30 -day comment period on the Mitigated Negative Declaration will begin within a few days after the Planning Commission meeting. STAFF RECOMMENDATION Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to April 26, 2005. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. General Plan Amendment Map B. Zone Change Map C. Tentative Tract Map D. Cut and Fill Map E. Hillside Management Exhibit Note: Architectural Design Guidelines and Initial Study and Mitigated Negative Declaration have been provided to the Planning Commission under separate cover. Copies of these documents are available in City Hall. ©(x011.0 Grimes Tract 5464 Canyon 5453 Road hampianship Drive Country Club Estates (Tract 4928, RPD 94 -01 Walnut Canyon Road ETr t LOCATION MAP c NORTH PC ATTACHMENT 1 Amig _ s 1KC a Pr 8 ' N' 7111 TT • " 4. i{{ � .« a � 3 Y tiw. VP eYfll. b °mv. t 0 fr,? ' TOL13656 Ten totivel Exhibits �3656Lcnd Uses - GPsdwg Mar 17, 2005, 4:09pm rockn F-1 PROPOSED GENERAL PLAN ® EXISTING GENERAL PLAN N ` 1'� -600' om PUB GENERAL PLAN �G n Z �O D 4171 MARKET ST. STE. 4A TOLL BROTHERS SHEET JENSENVENTURA, CALIF. 93003 DESIGN F 805/54 -8977 TRACT 5464 1 of do 1 SURVEY, INC FAX AX 805/8654 -8979 www.JtlschA.COm Mar 17, 2005 PC ATTACHMENT 3.a. 0 N !- TOL 13656 1 Ten totive �£xhibits JJ65ftond Uses — GPs. dwg Mor 17, 2005, 4: 09pm rockn F-1 PROPOSED ZONING FAEXISTING ZONING N ` l'--600' n77Pf 4j' LAND USE r G C"> �Z Z 0 a d 4171 MARKET ST. STE. 4A TOLL BROTHERS SHEET E N S E N VENTURA, CALIF. 93003 OF DESIGN PHONE 805/854 -8977 do TRACT 5464 SURVEY, INC FAX 805/654 -8979 •ww.jdsdvil.com Mar 17, 20115 PC ATTACHMENT 3.b. `�-M Y -- �� tAenusfaArA r � �, ♦ C � .� - ._ .. � • �` � `�'� ""tae- - -� - {. � ? wa.,aF a,�.� n Ilia j j MUM ,ow j '+ co AACas � ' 1-p "in® �s / � ,% •O''r �. t k , r� a � 't �• I �r X11\ � ' _. ra.��. A HB'YAlE S/Ht7S r.. r v VA " a 4 a soli s w * ' O ' % © ,/ �w°4w froY ; �i ✓ :. B XUWT Yr m ON An Nat YYAC � YY1 rtac LqM i © T� 1 lo - ---- YYra.w w iy— arwnur M. MwrA MY OIJA Z= COUNTRY CLUB ESTATES ,mom AT MOORPARK EAST Q , a, ° t.. ,. - �. _ _ 1 WI. Tentative Tract 5464 �E�NiEN SHEET ✓,, �.. e�ro ri �� u =.vrs vn Mc rr a aw aaa.y a C 7 PC ATTACHMENT 3.c. TRACT 5464 Slte Volume Toble: Unad*sted Cut fil Net Slte Stratum Surd Sar17 cu.}ds cads cu.}ds Method tm K71Umes exlsthg tm -proposed 444JO5 190111 90,187(C) Grid a� N a s N F-I = CUT ® = RU PC ATTACHMENT 3.d. Q PC ATTACHMENT 3.e. M0.ECT BETE Y ` a✓�"T I -mlwi MOORPARK Los Ann Aw2r TRACT SC51 - AP°E lPAtf ANAC195 (NRNI fM]IAOID FAq[Cf. 0.YdP RANGE AREA FERCOU OC -M! IJAC J)l JOf -W Is At W .� -!OS 11 AC lA TOIA Ad11E IIAC Ill SOi AR4193'OPRYD ASR ILIAC' WVW LW7S . . — Ro L£GEAQ! IRACr SIBI - ga9E ANAL YWS (f. wx CMSYIIav) ..:...,. ruvmn uwr Iw RO[NMQSCfAKA calve RANGE I AREA PERCENT OS- W I.IAC — ]Of -Af IOAC — 6 Jlf -JOG 2J AC III JOIE AIOK SJ AC IN 10111 SOT MG(YST ASA• ILIAC ' TRACT SC51 - AP°E lPAtf ANAC195 (NRNI fM]IAOID FAq[Cf. 0.YdP RANGE AREA FERCOU OC -M! IJAC J)l JOf -W Is At W .� -!OS 11 AC lA TOIA Ad11E IIAC Ill SOi AR4193'OPRYD ASR ILIAC' WVW LW7S . . — 7R4CT B&#"Y •AIS/IXS AW0lip01OE11f 6GO1MC OYImf Of R1ACf ARFA Barad EAnwa eunw ANMlACIIIED sav zw. SLOPE EXHIBIT ITEM: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director DATE: February 18, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -06 to Chapter 17.40 (Sign Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use. BACKGROUND On July 2, 1997, the City Council adopted Resolution No. 97 -1345, directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance for signs in the public right -of -way. On September 6, 2000, the City Council adopted Resolution No. 2000 -1774 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance, relative to signs for outdoor product advertising /menu boards for drive- through restaurants. On April 3, 2002, the City Council adopted Resolution No. 2002 -1962, directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance relative to the promotion of new businesses, i.e. temporary signs and banners. Zoning Ordinance Amendment No. 2004- 06 addresses the issues raised in the three Council resolutions and proposes an overall re- organization of the sign regulations for greater clarity, ease of use, and easier administration. DISCUSSION Existing Sign Regulations: There have been numerous revisions to the existing sign regulations since first adopted as part of the City's new Zoning Ordinance in 1991 by Ordinance 137. In 1994, through Ordinance 199, the City amended the sign regulations into its present form. This was the last time the sign regulations were comprehensively revised. The \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2004 \06 - Signs \Agenda Report ��1 Agenda Report.doc Honorable Planning Commission March 22, 2005 Page 2 existing regulations are not user - friendly, are overly complicated, and are hard to use for staff and the public alike. ANALYSIS Overall there is very little change of substance proposed by this Zoning Ordinance Amendment. The purpose section has been expanded in some areas, definitions of words not used in the chapter have been removed, and new and revised definitions have been added. The general administration section has been combined into fewer sections which are more logical and easier to use. A matrix format for signage has been used to allow quick and easy reference divided by land use and sign type. It provides better clarification for businesses within a center and those not within a center, revises open house and garage sale signing, and establishes special event signing for Moorpark non - profit based events or city- sponsored special events, and brings campaign signing into line with recent court cases. The regulations are also eight pages shorter. The areas which require further explanation are community event signs, campaign signs, open house signs, and garage sale signs. Community Event Signs: The current regulations do not provide for this type of signage. Section 17.40.090 is included in this amendment to allow signs for events sponsored by a Moorpark non- profit organization. If adopted, it would allow for window signs and banners in and on businesses, as well as, temporary directional signs. The banner size is consistent with what is now allowed for grand openings and special sales. The directional signs are consistent with what is suggested in this amendment for open house signs. Campaign Signs: The proposed revisions change what the current ordinance referred to as "political signs" to "campaign signs." The term "campaign signs" is much broader and more consistent with current law. A definition has been added and a category of campaign signs now appears in each of the matrices of Residential, Institutional, and Open Space Zones, Commercial and Industrial Zones, and the Downtown Specific Plan Area. In the residential and institutional zones, the size restriction is six (6) square feet. In the commercial, industrial and downtown specific plan area, the size restriction is thirty -two (32) square feet. Open House Signs: The proposed revisions would allow for four (4) four square foot open house signs to be placed in the public right - of -way when an annual encroachment permit is issued. The revisions also establish the time, location and duration of open house signs. It was staff's intent, if this regulation is approved, to establish 000119 Honorable Planning Commission March 22, 2005 Page 3 an annual fee for such signage. The fee would be paid per real estate office, not per agent. For out of town realtors, there would be a one time fee, at a reduced cost. Garage Sale Signage: The proposed revisions would allow for one garage sale sign on -site and up to six (6) signs off -site, but not on the public right -of -way. The maximum sign size is two feet (2') by two feet (21), placed three feet (31) high. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the provisions of these regulations there are no time limits for legislative acts. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of 000120 Honorable Planning Commission March 22, 2005 Page 4 California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council approval of ZOA No. 2004 -06. ATTACHMENTS: 1. Existing Sign Regulations 2. Draft PC Resolution with Draft Revised Chapter 17.40 000121 Chapter 17.40 SIGN REQUIREMENTS Sections: 17.40.010 Purpose. 17.40.020 Definitions. 17.40.030 Downtown signage. 17.40.040 Commercial /industrial signage. 17.40.050 General sign requirements. 17.40.060 Sign permit administration. 17.40.070 Sign construction and maintenance standards. 17.40.080 Exempted signs. 17.40.090 Prohibited signs. 17.40.100 Nonconforming and illegal signs. 17.40.110 Nuisance and abatement, violations, enforcement and penalties. 17.40.120 Special purpose signs -- Residential and miscellaneous signage. 17.40.130 Special purpose signage -- Service station signs. 17.40.140 Special purpose signage -- Drive - through restaurants. 17.40.150 Downtown sign regulations.* Section 17.40.010 Purpose. A. The city recognizes that signs are an important and necessary means of communication in the city and that signs, when properly regulated, may be a great economic and aesthetic asset to the city. In enacting this chapter, it is the intent of the city to both promote signage and to comprehensively address community aesthetic concerns about visual clutter and visual blight in the environment. The regulation of signs in the city is intended to promote an aesthetically pleasing environment. Sign regulation shall be consistent with land use patterns and signs shall add to rather than detract from the architecture of the buildings where they are located. Signs shall be well maintained and, in addition, shall not create traffic safety hazards. The regulations of signs in the city is intended to be content - neutral and to provide adequate opportunity for the presentation of messages of all kinds. B. The following sections are intended to implement the goals of the city's general plan, with particular regard to developing a city which is visually attractive while preserving and enhancing the visual qualities of the community's streets and highways. C. More significantly, the purpose of the following sign requirements is: 1. To encourage the effective use of signs as a means of communication in the city; 2. To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; 3. To improve pedestrian and traffic safety; PC ATTACHMENT 1 000:122 4. To minimize the possible adverse affect of signs on nearby public and private property; and 5. To enable the fair and consistent enforcement of these sign requirements. D. In addition to sign requirements for the entire city, the city recognizes the uniqueness of the downtown area and has developed separate and unique sign requirements for the downtown area. This section therefore only applies to the downtown area when specifically referenced by the downtown sign Section 17.40.020. (Ord. 199 § 1 (8110 -0), 1994) Section 17.40.020 Definitions. Words and phrases used in this chapter have the meanings set forth in this section. Words and phrases not defined in this section but defined in Chapter 17.08 are given the meanings set forth in Chapter 17.08. "Advertising sign" means a sign which calls attention to products, goods or services for sale or hire, or which otherwise contains a commercial message. "A -frame (sandwich board sign)" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. A- frame signs are ordinarily in the shape of an "A," easily movable, and are usually two- sided. Area, Sign. "Sign area" means the total area of the message surfaces of a sign computed. "Banner" means any sign of light- weight fabric or similar flexible material which projects from or hangs from a building, pole or wire. Banners include without limitation pennants, flags and vertical banners. Depending on its method of attachment, a banner sign may be a flat- mounted sign, a projecting sign, or a freestanding sign. "Billboard" means a sign which is located off -site, with a single -sided square footage greater than seventy -five (75) square feet or a double -sided sign with more than one hundred fifty (150) square feet. "Building" means in addition to its common meaning, any structure requiring a building permit. "Building frontage" means those frontages which face upon a public or private street or parking area between such building and the street. Where a building faces two (2) or more streets, the frontage containing the primary entrance to the building is designated as the building frontage. "Canopy sign" means any sign that is part of or attached to: an awning, a canopy, a marquee, or a structural protective cover over a door, window or gas station canopy. "Captive balloon sign" means a clustering of balloons more than two (2) feet in diameter and of more than ten (10) balloons. "Centering of a sign" means the placement of a sign equidistant from the edges of the building or store frontage given a variance of not more than three (3) feet. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than one 000123 (1) time a week will be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is electric or mechanical indication of time or temperature will be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter. "Commercial message" means any sign wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. "Directional sign" means any sign which serves solely to designate entrances or exits, or the location or direction of any on -site area. "Directory sign (kiosk sign)" means a sign listing the occupants or businesses of a building. Said sign is designed for pedestrian viewing and direction. "Double -faced sign" means a sign structure which has two (2) display surfaces backed against each other or against the same support member in such a manner that one (1) display surface is designated to be viewed from another direction. "Downtown area" means a specific commercial and industrial zone, as outlined within the attached map, which has been identified as needing different sign standards than that which has been established for the city. "Governmental immunity" means a governmental entity who is exempt from the regulations of this chapter. "Hanging sign" means a sign which projects more than six (6) inches from a ceiling area. "Holiday sign /display" means a temporary sign or display erected in recognition of any religious and /or city, state or federally recognized holiday. "Home improvement sign" means a sign which advertises a remodeling company (contractor) or company who is conducting alterations /remodeling on a residential parcel. "Identification sign" means an on -site sign which indicates the premises, occupants, addresses, neighborhood or entrance location to the premises; said identification signs may be monument or pylon signs. "Informational sign" means any sign stating the hours of operation of a business, emergency telephone numbers, credit card usage, information from the city about public events, events at public facilities or other information of a similar nature. "Internally lighted sign" means a sign with a source of illumination that is completely enclosed by the surface of the sign structure. "Legal conforming sign" means any sign which was approved by the county or city under the previous sign requirements. "Logo sign" means any symbol of any color or shape within the size constraints mandated by this chapter. "Maintenance (of a sign)" means a properly maintained sign which is maintained in its original (non- faded) color, is not broken in any way and whose lighting is maintained as approved. "Major tenant" means any tenant of a commercial or industrial building which occupies in excess of ten thousand (10,000) square feet of space in one (1) 00011.2 4 business location. "Marquee" means any changeable copy permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. See "changeable copy sign." "Minor tenant" means any tenant of a commercial or industrial building which occupies less than ten thousand (10,000) square feet of space in one (1) business location. "Monument sign" means a low ground sign. The sign incorporates the design and building materials accenting the architectural theme of the building on the same property. No poles for the support of the sign face are allowed. "Neon sign" means an illuminated sign containing colorless, odorless light source consisting of a glass tube which is bent to form letters, symbols or other shapes. "Noncommercial message sign" means a display or statement on a sign which calls attention to something other than products, goods or services for sale or hire. "Nonconforming sign" means a sign that does not conform to the requirements of this chapter. "Off -site sign" means a sign which displays noncommercial messages related to property, goods, services or ideas not found on, or related to, the property on which the sign is located. "On -site sign" means a sign located on the same site as the occupant, business, trade or profession to which it relates. "Out- tenant parcel" means a parcel or lot which is not located adjacent to other parcels; a parcel which is not surrounded by any other commercial or industrial land uses. "Permanent sign" means a sign intended to be erected and maintained for a period of more than sixty (60) days. "Pole sign" means a sign which is mounted on one (1) or more poles. "Political sign" means a temporary sign concerning candidates for political office or involving a ballot issue. It may also include signs which express personal views on matters of public discussion. "Projecting sign" means any sign affixed to a building or wall which projects more than six (6) inches beyond the surface of a building or wall. "Public event sign" means a sign hung to provide advertisement for a city sponsored or city co- sponsored event. "Push- through lettering" means a plexiglass or clear plastic internally illuminated which extends three - eighths (3/8) of an inch out from the cabinet of the sign. "Pylon sign" means any sign which is supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structures. A pylon sign architecturally complements and is compatible with the design of the building /center for which the sign is publicizing. "Real estate sign" means a temporary sign advertising the sale, lease, rental or exchange of property. 00012 "Restaurant" means a place where the preparation and on -site consumption of food occurs. "Riders" means any advertisement device attached to a sign which projects or is outside of the borders of the sign. Right -of -Way, Public. "Public right -of -way" means a public street, sidewalk, highway, or a freeway. "Roof sign" means a sign affixed on, above or over the roof of any building, or any sign mounted on a wall that extends above the roof line. "Sign" means anything of visual appearance primarily used for, or having the effect of attracting attention from streets, sidewalks, or other outside public areas for identification purposes. A sign does not mean displays of merchandise, products for sale on premises, ornamentation, design, recreational equipment, architecture, landscaping, pictures, paintings, and other such art forms unless the attraction, because of the location, size, use or nature thereof, has the substantial effect of attracting attention for identification purposes when viewing from an outside public area. "Sign" does not include a neon sign at any location inside a building if such sign cannot be viewed from an outside public area. For the purpose of this section, a sign is not a sign if it is inside a building, more than three (3) feet behind a window and not facing a window in such a way as to be viewed from an outside public area. A sign does not include noncommercial speech except for political signs as regulated herein. "Sign program" means a document showing the location, dimensions, area, color and materials of all signs located on a single parcel or parcels, either under the same ownership or under the same planned development permit. "Street frontage" means the property line of a parcel abutting the public right - of -way to which such parcel has a legal right of access. "Temporary sign" means any sign that is used temporarily (only sixty (60) days or less) and is not permanently mounted. "Tract sign" means an off -site sign relating to the original sale of property other than that on which the sign is located. "Trademark sign" means a sign which depicts a local, regional or national symbol, word or design used by a business trademark to distinguish its products from those of its competitors. The trademark is required to be registered and protected by law. "Unsafe sign" means a dangerous structure or components thereof, as stipulated within Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings. "Wall sign" means a sign attached parallel to, but within eight (8) inches of, a wall surface of, or erected and confined within the limited area outside wall or any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. "Window sign" means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. (Ord. 199 § 1 (8110 -12), 1994) 006,1.2E Section 17.40.030 Downtown signage. A. The downtown area, as defined in Section 17.40.020, has been formed in recognition of the need for unique signage and for a greater variety of types of signs in the downtown area. It is the city's intent in its regulations to strike a fair balance between commercial needs and community concerns about visual clutter and visual blight. Further, the city recognizes that modern sign criteria does not complement the downtown area in the manner that pre- modern sign criteria does. Therefore, the reader must recognize that the downtown sign regulations are unique to the downtown area and may not be used in an effort to justify downtown type of signage elsewhere in the city. B. Signage in the downtown area is governed by Section 17.40.150 and, as referenced, sections from the citywide sign requirements. (Ord. 199 § 1 (8110 -1), 1994) Section 17.40.040 Commercial /industrial signage. A. Generally. 1. This chapter controls all signage in commercial and industrial zones. No signs are allowed in the public right -of -way, except as allowed within the downtown sign guidelines, see Section 17.40.250. 2. All signs in commercial and industrial zones, with the exception of window signs, require a sign permit. Permit requirements are set forth in Section 17.40.060. B. Monument Signs. 1. Size and Height. The area of a monument sign may not exceed thirty (30) square feet, with a maximum height of four (4) feet. In cases where the monument sign is to be double- sided, the sign area for the double -sided sign shall be calculated as a single -sided sign. 2. Number of Signs. a. Out Tenant Parcels and Individual Businesses. One (1) monument sign per site may be allowed. For single out - tenant parcels, one (1) monument sign per parcel may be allowed. b. Centers. One (1) monument sign per street frontage may be allowed. c. Individual Businesses. Monument signs for businesses not located within a center may be allowed. The area of a monument sign may not exceed thirty (30) square feet, with a maximum height of four (4) feet. In cases where the monument sign is to be double- sided, the sign area for the double -sided sign shall be calculated as a single -sided sign. d. Signage for a Center. For commercial centers with four (4) or more businesses individual monument signs are not allowed. A center and tenant monument sign may be erected provided that agreed -upon tenants are advertised on the center monument sign. The area of a monument sign may not exceed thirty (30) square feet, with a maximum height of four (4) feet. In cases where the monument sign is to be double- sided, only one side shall be used to calculate the total sign area. 3. Location. Monument signs may encroach into one -half (1/2) of the required setback area. However, the minimum sign setback area is four (4) feet p0012`.r or as outlined within the zoning matrix in Chapter 17.20, whichever is greater. 4. Illumination. a. Signs may be illuminated, consistent with illumination policies as outlined within Section 17.40.050E. b. Internally illuminated monument signs within industrial zones are prohibited, see Section 17.40.050E. 5. Letter Size. For commercially zoned parcels, the minimum letter height may be fourteen (14) inches and the maximum letter height may not exceed eighteen (18) inches in height. For industrially zoned parcels, the maximum letter size may be twenty -four (24) inches. 6. Landscaping. All monument signs must be surrounded by a minimum four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. 7. Mounting. The monument sign must have a solid base rather than pole supports. 8. Design. The design of the monument sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. C. Pylon Signs. 1. Size and Height. Pylon signs may not exceed twenty -four (24) feet in height and twelve (12) feet in width. 2. Number of Signs. Shopping centers containing more than fifty thousand (50,000) square feet of retail space may have one (1) pylon sign per frontage. 3. Location. a. Pylon signs may be permitted for commercial centers located along Los Angeles Avenue. Pylon signs may encroach into one -half (1/2) of the required setback area. However, the minimum sign setback area is four (4) feet or as outlined within the zoning matrix in Chapter 17.20, whichever is greater. Pylon signs along the same side of Los Angeles Avenue may not be located within five hundred (500) feet of each other. b. Pylon signs are not allowed within industrially zoned parcels. 4. Design. The design of a pylon sign shall be approved by the decision - making body for the planned development permit if it finds that the design exhibits an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. 5. Illumination. Pylon signs shall be illuminated consistent with the illumination policies outlined within Section 17.40.050E. 6. Letter Size. a. For minor tenants the minimum letter height may be fourteen (14) inches and the maximum letter height may not exceed eighteen (18) inches. For major tenants the maximum letter height may be forty -eight (48) inches. b. For center pylon signs, the center name may be as large as the major tenant (up to forty -eight (48) inches), as approved by the director of community development. A maximum of five (5) minor tenants may be listed on the center pylon sign. 7. Landscaping. All pylon signs must be surrounded by a minimum of a four 000128 (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. 8. Mounting. The pylon sign must have either a solid base or individual supports which exhibits an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. D. Wall Signs (Major and Minor Tenants). 1. Size. a. Minor Tenants. For minor tenants, the wall signs may not exceed a maximum sign area of twenty (20) square feet per building tenant. b. Major Tenants. For major tenants, the wall signs may not exceed a maximum sign area of eighty (80) square feet per building tenant. c. Single Parcels, Under Ten Thousand (10,000) Square Feet. Single parcels under ten thousand (10,000) square feet shall be subject to the same signage allowed for a minor tenant. 2. Height, for Minor and Major Tenants. Wall signs, for all tenants, may not extend beyond the roof line. 3. Length. Sign length may not be greater than seventy -five percent (75 %) of the linear frontage of a building. In the case of multiple tenants, the sign may not be greater than seventy -five percent (75 %) of the linear frontage of the space occupied by the applicant. 4. Number of Signs. a. One (1) wall sign per tenant may be allowed. For single out parcel tenants, two (2) wall signs per parcel may be allowed, with a maximum wall sign area of twenty (20) square feet of signage per wall sign. b. A single tenant with more than ten thousand (10,000) square feet of retail space may be allowed three (3) wall signs, with a maximum wall sign area of ten (10) square feet of signage per wall sign. c. Corner tenants which are attached to a center may have an additional wall sign which either fronts the street or the parking lot. 5. Location. a. Signs on the Front Elevations. Signs on the front elevations are allowed as provided herein. b. Side and Rear Elevations. A second sign may be allowed provided that the sign is no more than fifty percent (50 %) of the sign area of the sign on the front elevation. No building shall have more than two (2) signs per building. 6. Illumination. Wall signs may be illuminated, consistent with illumination policies as outlined within Section 17.40.050E. External and indirect lighting is not allowed. 7. Letter Size. For minor tenants the minimum letter height may be fourteen (14) inches and the maximum letter height may not exceed eighteen (18) inches. For major tenants the maximum letter height may be forty -eight (48) inches. For industrial developments the maximum letter height may not exceed twenty -four (24) inches. 8. Mounting. All wall signs shall be mounted parallel to the wall and shall not project more than eight (8) inches from the wall, and shall not project into the public right -of -way or over the property line. 006129 9. Design. Wall signs shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. E. Window Signs. 1. Permit Not Required. Window signs are allowed without obtaining a sign permit. 2. Size and Location. Window signs may not exceed twenty -five percent (25 %) of the total window area, per window, on any single frontage of the building fronting a street to be displayed in conjunction with sales or special events for an indefinite period of time. 3. Illumination. Window signs shall not be illuminated except for signs made of neon. 4. In -Lieu of Wall Signs. If window signs are used in -lieu of wall signs, no temporary window signs are allowed for those windows having permanent window signs. F. Under - Canopy Signs. 1. Size and Height. The sign area for an under canopy sign may not exceed twenty (20) square feet. Under canopy sign may be allowed in a hanging fashion if it maintains a clearance of not less than eight (8) feet from the bottom of the sign to the walkway. 2. Illumination. Under canopy signs shall not be illuminated. 3. Letter Size. The maximum letter size may not exceed fourteen (14) inches in height. 4. Mounting. Under - canopy signs may be mounted using a flexible device such as a chain or cable. 5. Design. Under - canopy signs shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. 6. Other. Under - canopy signs are not allowed to project beyond the canopy. G. Clocks and Thermometers. Time and temperature devices may not exceed a maximum area of twenty -four (24) square feet and shall not display commercial advertisement on the clock or thermometer. No permit is required for clocks and thermometers which do not function as an advertising copy. H. Directory Signs. 1. Size and Height. Directory signs are required in multi- tenant residential or industrial complexes. Directory signs may be required in commercial office buildings as required by the director of community development. All directory signs may not exceed a maximum of five (5) feet in height and three (3) feet in width. 2. Letter Size. The maximum letter size for all directory signs may not exceed six (6) inches in height. 3. Mounting. All directory signs shall be mounted upon an architecturally attractive support or base, which is architecturally compatible to the building which the sign represents. 4. Design. Directory signs shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign 000130 identifies is located. 5. Illumination. Directory signs may be illuminated, consistent with illumination policies as outlined within Section 17.40.050E. External and indirect lighting is not allowed. 6. Other. Directory signs are not allowed to project into the right -of -way. I. Riders. Riders on all signs (as defined in Section 17.40.020) are not allowed. J. Trademark Signs. Trademark signs for Nationally and Nonnationally recognized businesses are allowed as follows: 1. Trademarks. a. Design. The returns, trim cap, size and type of sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. b. Size, Height and Colors. i. The trademark may not exceed the allowable size of the type of sign. ii. Signs shall be consistent with the requirements of this chapter and the zone in which the sign is located, including height, size and location, except for color requirements outlined within Section 17.40.050A. 2. Logos. a. Design. The returns, trim cap and size of the sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. b. Size, Height and Color. The logo may not exceed the allowable size of the type of sign. Signs shall be consistent with the requirement of this chapter and the zone in which the sign is located except for the color requirements, outlined within Section 17.40.050A. K. Temporary Signs. Temporary signs are allowed by permit as follows: 1. Temporary Banners - -New Businesses. a. Size. The allowed banner area may not exceed twenty (20) square feet or twenty -five percent (25 %) of the total window area, whichever is greater. b. Duration. Temporary banners may be erected for a maximum of sixty (60) days during the opening of the new business. On the sixty -first day, the temporary banner shall be removed. c. Location. Temporary banners for new businesses are allowed, in commercial and industrial zones only, to announce the opening of a new business. Banners must only be attached to structures and shall not be attached to trees or between posts. Banners must be securely fashioned to the building. d. Permit. In no case shall a sign permit for a temporary banner be issued prior to city review and approval of a sign permit request for permanent signage on the subject site. 2. Banners -- Existing Businesses. a. Size. The allowed banner area may not exceed twenty (20) square feet or twenty -five percent (25 %) of the window area, whichever is greater. b. Duration. Banners for existing businesses are allowed for three (3) week intervals, four (4) times per year. The three (3) week intervals must be interrupted by at least one four (4) week interval without a banner. 0001.31 c. Location. Temporary banners will be allowed for existing businesses in commercial and industrial zones only. Banners must only be attached to structures and shall not be placed on trees or between posts. Banners must be securely fastened to a building. d. Permit. Banners for existing buildings are allowed by permit, consistent with the duration standards established for banners, see subsection (K)(2)(b) of this section. 3. Removal of Temporary Banner Signs. Failure to remove the temporary sign within two (2) days after the permit has expired will be cause for enforcement action consistent with this chapter. (Ord. 199 § 1 (8110 -2), 1994) Section 17.40.050 General sign requirements. A. Sign Colors. 1. For centers /complexes with and without an approved sign program, all permanent signs may contain no more than four (4) different sign colors within a center /complex. When reviewing a sign permit, consideration will be given to the color of adjacent signs. 2. The sign structure and any related supports shall be the same color and materials throughout a center /complex. 3. Pictorial trademarks /logo and trademark signs shall be excluded from the color limitations as outlined above. B. Placement of Signs. No sign shall be erected within a sight triangle, or within the public right -of -way. Except as permitted by Section 17.40.150. C. Master Sign Programs. As part of an entitlement permit, a master sign program may be required to be submitted by the applicant to the department of community development for review and approval. Should a master sign program be determined to be required, the approved master sign program shall constitute the sign requirements for the project. The sign requirements of a master sign program for a complex/center will supersede the sign requirements as outlined within this chapter. D. Signs Within the Public Right -of -way. No signs, regulated by this chapter, are allowed within the public right -of -way. E. Illuminated Signs. 1. Location. Illuminated signs are not allowed in open space, agricultural and residential zones. Illuminated signs are allowed in other zones, subject to compliance with other sign requirements as set forth in this chapter and approval of a sign permit. 2. Illumination. a. Illuminated signs in nonresidential zones shall not exceed the brightness of a diffused light panel having slim -line cool white fluorescent four hundred thirty (430) milliampere lights spaced at least twelve (12) inches on center. Sign illumination shall not result in glare being directed toward surrounding properties. The source of illumination shall not be visible from a walkway or street. b. Unless otherwise authorized by the director of community development, internally illuminated signs which use the technique known as "push through" as well as individually illuminated channel lettering or halo lighting is required. The 0061.32 director may allow a modification of this requirement in the interest of aesthetics or compatibility. Illumination of industrial monument signs shall not occur by the use of internally illuminated signs; externally illuminated monument signs are preferred, see Section 17.40.040B. F. Trimming of Trees. No existing tree shall be trimmed, pruned or removed from a city right -of -way to increase the visibility of any sign, unless such work is first approved by the director of community services. G. Tracking for Wall Signs. All individual letter or channel letter wall signs shall be installed using a track system. (Ord. 199 § 1 (8110 -3), 1994) Section 17.40.060 Sign permit administration. A. Permit Requirements. 1. Application. a. Except as expressly allowed by this chapter, no person shall authorize, erect, construct, remove (except as outlined within Section 17.40.080), alter, change, place, suspend or attach any sign within the city without first obtaining an approved sign permit from the department of community development. b. The application for such sign permit should be made on the form provided by the department of community development. A fee, as established by city council resolution is required to accompany each application for a sign permit. 2. Consistency Review. a. An application for a sign permit will be reviewed by the director of community development or a designee for consistency with the requirements of this chapter and the criteria of this section. The director may approve, or conditionally approve any sign which meets the standards of this chapter. The director of community development may not approve any sign that does not meet the standards of this chapter. b. No sign permit of any kind will be issued for an existing or proposed sign unless such sign is consistent with the requirements of this chapter in every respect or is consistent with any master sign program in effect for the subject property. Any decision made by the director of community development may be appealed in accordance with the provisions of this chapter. 3. Sign Permit Tags. Every sign requiring a sign permit is required to have the permit number placed on the approved sign. At the time of permit issuance, the city will issue a permit tag which is required to be permanently affixed to the lower right corner of the sign. The tag should state the permit number assigned by the city for the sign. B. Computation of Sign Area and Sign Height. 1. Individual Signs. The sign area will be measured by drawing a rectangle around the perimeter of the lettering and /or the pictorial symbol and calculating the area of the rectangle. 2. Multifaced Signs. The sign area for a sign with more than one (1) face shall be computed by counting only one (1) face of the sign, provided the sign meets the double -sided sign requirements. If this is not met, the face of the square footage of each side of a sign will be calculated when determining the total sign square footage for a building. 000133 3. Sign Height. The height of a sign will be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade will be construed to be the lower of (a) existing grade prior to construction; or (b) the newly established grade after construction, excluding any filling, berming, mounding or excavating solely for the purpose of locating the sign. 4. Double -Sided Signs. Any sign erected on the back of another sign must have the same exterior dimensions as the existing sign. If this is met, the sign area will be calculated based upon the square footage of one (1) side of the sign. (Ord. 199 § 1 (8110 -4), 1994) Section 17.40.070 Sign construction and maintenance standards. All signs should be designed, constructed and maintained (see definition in Section 17.40.020) in accordance with the following standards: A. Construction. 1. All signs are required to comply with applicable provisions of the Uniform Building Code, the Underwriters Laboratory (U.L.) Standards and the electrical code of the city at all times. 2. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs are required to be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure. B. Sign Maintenance Standards. Every sign, as allowed by this chapter, is required to be maintained in good condition. 1. Unsafe Signs (As Defined in Section 17.40.020). Pursuant to the director of community development, signs in eminent danger of causing harm to persons or the building shall be removed within twenty -four (24) hours of receiving notice from the city. 2. Signs Which Are Not Maintained (As Defined in Section 17.40.020). Signs which are not maintained shall be removed or rehabilitated to the original sign standards within seven (7) days of receiving notice from the city. 3. Banners Which Are Not Maintained. All permitted banners which are not maintained, as approved, shall be removed within two (2) days after notice has been given by the city. (Ord. 199 § 1 (8110 -5), 1994) Section 17.40.080 Exempted signs. The following signs on private property may be exempt from the requirements of this chapter: A. Signs required on private property consistent with the California Vehicle Code; B. Memorial tablets or signs not exceeding two (2) square feet, including those indicating names of buildings and dates of construction, when cut into a masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar noncombustible material; C. Signs required to be maintained by law or governmental order, rule or 006134 regulation, with a total surface area not exceeding ten (10) square feet, except as otherwise required by law, on any lot; street address numbers with a total surface area not exceeding two (2) square feet; D. No permit is required for the erection, construction of signs placed by a public utility, conveying information on the maintenance of official traffic, fire and police signs, signals, location of facilities in the furtherance of service devices, marking of the California Department of Transportation (CALTRANS), city, or other public authority for the posting of notices required by law; E. Temporary construction signs, provided that: 1. Only one (1) sign is erected per construction site, 2. The sign does not exceed six (6) square feet in open space, agricultural and R- zones, or sixteen (16) square feet in all other zones, 3. The sign is used only to indicate the name of the construction project and the names and locations (state and city or community only) of the contractors, architects, engineers, landscape designers, project or leasing agent and /or financing company, 4. The sign is displayed during construction only, and 5. If a freestanding sign, in all zones the sign shall not exceed four (4) feet in height; F. Other signs, including "no trespassing" signs, having noncommercial messages with each sign not exceeding two (2) square feet in area on any lot; G. Individual window signs not exceeding twenty -five percent (25 %) of the total window area per window for a business; H. Holiday signs, as defined in Section 17.40.020; I. Signs erected for city- sponsored or co- sponsored events; J. Balloons less than two (2) feet in diameter if the number of balloons does not exceed ten (10) balloons. (Ord. 199 § 1 (8110 -6), 1994) Section 17.40.090 Prohibited signs. The following signs and sign types are prohibited: A. A- frame, sandwich board and portable freestanding signs, except as outlined within the downtown sign guidelines, see Section 17.40.150; B. Bench signs; C. Barber poles; D. Signs which flash (every five (5) seconds or sooner), scintillate, move or rotate, except for clocks and time and temperature signs with no advertising or signs which change color or appear to change color or where the intensity of light changes or appears to change; E. Flags with a commercial message; F. Captive balloons (as defined in Section 17.40.020); G. Portable and trailer- mounted off -site advertising or tract signs, except as allowed in Section 17.40.140; H. Any sign which emits sound; I. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window; 0 0013 J. Roof signs; K. Canopy signs; L. Projecting signs; M. Any sign or sign structure which is structurally unsafe (see definition section of this chapter, Section 17.40.020) or constitutes a hazard to the health, safety or welfare of persons by reason of design, inadequate maintenance or dilapidation, except for utility identification or similar purpose; N. Any sign erected or attached to any utility pole; O. Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; P. The use of any item of merchandise or other commodity related to the business as a sign, except as such commodity may be permanently incorporated into a sign structure as allowed by this chapter; Q. Signs attached to the exterior surfaces of windows; R. Off -site signs, except as specifically allowed in Section 17.40.140; S. Pole signs; T. Any sign erected within any public right -of -way except as permitted by Section 17.40.150. (Ord. 199 § 1 (8110 -7), 1994) Section 17.40.100 Nonconforming and illegal signs. A. Change of Tenancy. Any change of use or tenant requires that all signage be brought into conformance with this chapter, in compliance with Section 5497 of the Business and Professional Code. B. Nonconforming Signs Due to Sign Area. In cases where the area of signs existing as a valid nonconforming sign on a property exceeds the total allowable area of allowable signage, no additional signage, for the same owner and business, shall be allowed on the property. C. Repair of Nonconforming Signs with Increased Sign Area. A nonconforming sign may be repaired, provided that it has not been damaged in excess of fifty percent (50 %) of its value. Such damaged nonconforming sign may not be expanded, reconstructed or relocated without being made to comply in all respects with the provisions of this chapter, in compliance with Section 5497 of the Business and Professional Code. (Ord. 199 § 1 (8110 -8), 1994) Section 17.40.110 Nuisance and abatement, violations, enforcement and penalties. A. Nuisance Abatement. The city adopts the Business and Professions Code Section 5499.1 et seq., for the nuisance abatement of permanent illegal signs. B. Violation, enforcement, penalties and amortization. Any of the following is a violation of this chapter, and will be subject to the enforcement remedies and penalties provided by this chapter. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter. 1. Violations. It is a violation of this chapter: a. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone on which the sign is 0"613G located; b. To install, create, erect or maintain any sign requiring a permit without such a permit; c. To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter, or for which the sign permit has lapsed; or d. To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. 2. Enforcement and Penalties. A violation of this chapter shall be punishable as outlined within Chapter 17.56. a. Amortization of Billboards. The amortization of billboards shall be consistent with state law, and the requirements for just compensation. (Ord. 199 § 1 (8110 -9), 1994) Section 17.40.120 Special purpose signs -- Residential and miscellaneous signage. This section deals with signs in areas residentially zoned and with miscellaneous signs such as political signs. A. Residential Zones. No signage is allowed in residential zones except outlined as follows: 1. Home Improvement Signs. a. Permit. No permit is required for home improvement signs provided that they meet the criteria as outlined below. b. Location. On -site home improvement signs may be placed in the front or side yard where said improvements are being made. No sign shall be placed on any tree or in any setback areas (see Chapter 17.24 for setback requirements per zones). Said home improvement sign must be securely fastened to the ground or nonpermanently attached to the building. c. Size and Height. Home improvement signs may be a freestanding sign not exceeding seven (7) square feet. The signs shall not be illuminated. d. Removal. Home improvement signs may be placed during construction, but must be removed no later than seven (7) calendar days after construction is completed. 2. Real Estate Signs. On a lot, there may be placed one (1) unanimated, nonilluminated real estate sign; provided, such sign may be limited to wall and freestanding signs whose maximum sign area may not exceed the following: a. Residential, Agricultural and Open Space Zones. Signs shall be allowed on -site only or on other private property with the consent of the owner. These signs must be in conformance with the provisions of this chapter. A sign permit from the department of community development is required prior to the installation of the sign. i. Size. The sign may not exceed six (6) square feet. ii. Height. May not exceed seven (7) feet measured from finished grade. iii. Materials. The sign should be complementary to the building for which the sign is advertising. iv. Location. Not less than five (5) feet from the property line and must be 000137 located within one of the city's multifamily residential zones. v. Other Restrictions. Signs shall not be illuminated and shall not be placed within fifty (50) feet from any corner or other directional signs. No more than one (1) such sign may be displayed on each street frontage. Such signs may be located no closer than fifty (50) feet from any corner. All signs shall carry only the name of the residential complex, business address and business phone number and "For Rent" and /or "For Lease." No changeable copy, picture or graphic may be included on such sign. b. Commercial and Industrial Zones. 1. One (1) sixteen (16) square foot nonilluminated sign. In these zones, the real estate sign height may not exceed seven (7) feet, if affixed to the ground. 2. One real estate sign per street frontage per site may be displayed on a building or site advertising the sale or lease of a commercial or industrial lot, provided the sign does not exceed sixteen (16) square feet in sign area; there is no height limitation for signs displayed on a building, but in no cases may the sign project into the public right -of -way or extend beyond the roof line. 3. Temporary Open House Signs. A nonilluminated sign on private property, of a size not greater than four (4) square feet and four (4) feet in height, may be placed at a rate of one (1) per company, per home, per intersection, for a period from nine (9:00) a.m. to eight (8:00) p.m. on the day of the open house; provided, that there shall be only one (1) route designated by signs to a particular open house. No more than four (4) directional open house signs shall be placed within the city limits for any one open house on any one day. Temporary open house signs are to be located on private property, written permission must be obtained from the property owner in order to install a temporary sign on private property. Such signs shall be erected and removed on the same day the open house is held and shall not be fastened or attached in any way to a building facade or architectural element or any street fixture or placed within the right -of -way. 4. Neighborhood Identification Signs. Neighborhood identification signs may be approved at the discretion of the approving authority for the residential planned development permit. 5. Boutique Sale /Garage/Yard Sale Signs. The following regulations may regulate and control garage /yard sale, boutique signs. a. Size. i. Boutique Sale Signs. Boutique signs may not exceed eighteen (18) inches by twenty -four (24) inches. ii. Garage Sale/Yard Sale Signs. Garage sale /yard sale signs may not exceed two (2) feet by three (3) feet. b. Number -- Boutique Sale Signs and Garage Sale/Yard Sale Signs. A maximum of eight (8) off -site directional signs are allowed by permit. c. Notification for Placement of Boutique Sale Sign and Garage Sale/Yard Sale Signs on Private Property. Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the city upon request. d. Duration for Boutique Sale and Garage Sale/Yard Sale Signs. Signs may 000138 be placed only during the hours that the sale is being conducted and shall be removed at the close of the sale activities each day. e. General. No signs shall be placed in the public right -of -way, except in the event of city- sponsored or city co- sponsored activities. B. Tract Signs. 1. Off -Site Tract Signs. Such signs are allowed on agriculturally zoned property, on vacant residentially or industrially zoned property, and on vacant property zoned C.P.D., only after a final tract map has been recorded, for a period of eighteen (18) months from the date of issuance of the sign permit for such sign or until all lots have been sold, whichever occurs first. No tract shall have more than four (4) off -site signs advertising its existence. Such signs may be located adjacent to routes traveled to reach the advertised tract. Permission must be obtained from the property owner who owns the land upon which the sign will be installed. A deposit, to be established by the director of community development, for removal of the sign is required. Additional extensions at six (6) month intervals may be granted by the director of community development at the director's discretion. 2. On -Site Tract Signs. Is limited to one (1) sign per major street entrance to the site. 3. City Restrictions. Tract signs located within the city shall advertise only tracts located within the city. No tract sign shall be placed within five hundred (500) feet of any other tract sign. 4. Model Tract Flagpoles. Model home tract flagpole may be allowed provided that a plot plan is required to be submitted and approved that complies with the following requirements: a. A plot plan showing the location of all proposed poles, setbacks, height, spacing dimensions, number and size; b. Location: allowed only around the perimeter of the tract site area and complex, and may not be allowed to exceed two hundred (200) feet from the nearest model unit or within two hundred (200) feet of any occupied residence; c. Height: fourteen (14) feet maximum; d. Setbacks: three (3) feet minimum from property boundaries; e. Spacing: to be determined at the time of review of the plot plan and approval of the permit; f. Flag size: twelve (12) square feet maximum; g. Flagpole number: maximum of two (2) flagpoles per model unit and one (1) flag per pole; h. Time period: allowed for one (1) year or until the last unit is sold, whichever occurs first. Renewals of the permit shall not exceed one (1) year for each renewal as approved by the director of community development; i. Removal deposit: the applicant is required to pay such application fees and removal fees as the city council may adopt by resolution. Such fees are required to be sufficient to cover one hundred percent (100 %) of all costs to the city in administering these sections; j. The director of community development may modify these requirements due to a topographic location hardship; ®001.33 k. All model tract flags are required to be well maintained and kept in good condition (i.e., not tattered or torn). C. Political Signs /Election Signs. Permits are required for the erection of political signs. However, political signs are required to be registered with the department of community development. Political signs and election signs are allowed to be placed on private property, subject to the following conditions: 1. Where signs are otherwise allowed, a political sign may be erected no sooner than sixty (60) days before said election and said sign is required to be removed within ten (10) days following the election to which it applied. 2. Political signs may be placed on private property, with owner's permission no sooner than thirty (30) days before said election and said sign is required to be removed within forty -eight (48) hours after said election. 3. Political signs may not be erected or placed within the public right -of -way, on public property or on hooks, trees, public fences, sign posts, light poles or utility poles. 4. The owner of the property for which said sign is placed is responsible for its removal. a. Political Signs on Private Property. Temporary political signs may not exceed sixteen (16) square feet in area. The aggregate area of all temporary signs placed or maintained on any lot in one ownership may not exceed eighty (80) square feet. b. Political Sign Registration. In order to keep track of the placement of temporary political signs to assure removal subsequent to an election, such signs are required to be registered with the department of community development by the candidate or his or her registered agent, or, when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, prior to the distribution of such signs for the attachment or installation on any property. Registration of political signs is required to be on forms available in the department of community development and must be accompanied by an agreement signed by the candidate or his or her authorized agent, or when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, that within ten (10) calendar days after the election all political signs must be removed, and a certified statement by the registrant that consent will be obtained from each owner of the property on which a sign is to be posted. c. Location. Political signs may not be affixed, installed or erected within one hundred (100) feet of a polling place or historic site, nor in any location where the sign will impair sight distance or create a hazard to traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall, fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or upon any public right -of -way, nor upon any other public property. d. Enforcement. Except for signs remaining posted after the post - election deadline, any political sign not posted in accordance with the provisions of this chapter may be deemed to be a public nuisance and may be subject to removal by the candidate, property owner, or, when a ballot proposition is involved, the authorized agent of the group or organization sponsoring the sign or, upon their oo(A-40 failure to do so after reasonable attempt at notice by the city, by city officers or code enforcement officers. Any political sign which is not removed within the ten (10) days following an election shall be subject to summary removal and confiscation by the city. Should the political sign remain posted after ten (10) days, a code enforcement officer shall notify the political party in writing notifying the party to remove the sign within seven (7) days following the issuance of the letter. Should the political sign(s) remain posted after these seven (7) days a code enforcement officer will confiscate the sign(s) and appropriate code enforcement fees shall be charged to the advertising party for the removal of the signs. Fees to be charged to the advertising party as follows: one hundred dollars ($100.00) for the first sign and twenty -five dollars ($25.00) for each sign to be removed by a code enforcement officer. (Ord. 199 § 1 (8110- 10.1), 1994) Section 17.40.130 Special purpose signage -- Service station signs. Service stations may be allowed the following signs in addition to the signs allowed by the zone designation subject to applicable provisions of this chapter. A. Signs Attached to the Canopy. 1. Canopy signs are allowed by permit. The maximum canopy signage may not exceed one -half (1/2) square foot of signage per two (2) feet of linear square feet of street frontage, not to exceed twenty (20) square feet. One (1) canopy sign may be allowed on the face adjacent to street frontages only. 2. Canopy signs are prohibited from extending beyond the canopy or parapet to which it is attached and are prohibited from being located on the incline or slope of the canopy. B. Monument Signs. 1. One (1) monument sign to include a changeable copy price sign is allowed. The size of the monument sign may be a maximum of five (5) feet in height and six (6) feet in width (thirty (30) square feet of sign area). 2. Monument signs may encroach into one -half (1/2) of the required setback area. However, the minimum sign setback area is four (4) feet or as outlined within the zoning matrix in Chapter 17.20, whichever is greater. Said sign may be illuminated, consistent with illumination policies as outlined within Section 17.40.050E. The monument sign may have individually illuminated channel letters or solid individual letters which are back -lit (halo -lit). External and indirect lighting is not allowed. Individual letters on the monument signs may be not less than twelve (12) inches in height and no more than eighteen (18) inches in height. 3. All monument signs must be surrounded by a minimum four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. The monument sign must have a solid base rather than pole supports. C. Overall Area Limit. The maximum total sign area for a service station site is one hundred (100) square feet. (Ord. 199 § 1 (8110- 10.2), 1994) Section 17.40.140 Special purpose signage -- Drive - through restaurants. A drive -in or drive - through restaurant is allowed one (1) menu board not exceeding sixteen (16) square feet in area, which may not be counted toward the 000141 sign area or permitted number of signs otherwise allowed for the lot or premises. No riders on menu boards are allowed. (Ord. 199 § 1 (8110- 10.3), 1994) Section 17.40.150 Downtown sign regulations.* A. Introduction. No new, altered or changed signs shall be installed or utilized without the proper review and approval of the department of community development. A sign permit shall be required prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign within the downtown. Minor repair of all or part of an existing sign so as to duplicate the appearance and location of the original sign shall not require city review and approval. B. Relationship of Citywide Sign Requirements to the Downtown Sign Requirements. All of the sign requirements as outlined within this chapter apply to the downtown area, except as outlined in this section. C. Considerations When Submitting A Request for A Sign Permit. In order to provide general guidance to those preparing to achieve conformance with the downtown sign requirements, the following elements must be considered in all signage proposals. 1. Materials and Colors. Materials used to construct or that are to be assembled as signage should be compatible with the exterior treatment of the building they identify. The text for all signs within the downtown shall be compatible, reflecting Moorpark's rural heritage. a. Materials. The range of signs acceptable for downtown includes not only those made from traditional materials, such as painted and carved wooden signs, painted wall signs or signs applied to awnings but also those made of newer, modern materials, such as plastic or plastic - lettered signs, neon signs, backlit signs and die -cut metal panels with light sources behind them. Consistent quality, rather than uniform materials or standardized placement, relates the signs to each other. b. Colors. The use of more than two (2) colors is encouraged to promote visual interest. However, the combined use of two (2) primary colors is not encouraged, particularly bright red and bright yellow; other fluorescent colors are not encouraged. Colors should be consistent with the early California themes, and relevant to building architecture. Bright colors should be used for lettering and not major building surfaces. No more than three (3) colors, complementary to the support structure and primary building, shall be used on the sign. 2. Support Structures. The types of materials used for the support structures of signs may include, but are not limited to, wood, wood - carved signs, wrought - iron with painted sign facing, and painted sheet metals, given that the entire surface is painted. 3. Sign Face. Color schemes used for signage should not only complement the building for which the sign advertises but also should relate to other structures, signage and graphics in the vicinity, in order to create a sense of continuity. 4. Sign Placement. a. A sign should be placed so that it does not clash with the building's architecture, but is prominent enough to be noticed. Signs which are well 000142 designed relate well not only to their own storefronts, but also to the other signs and storefronts along the block. Historically, downtown has been filled with a rich variety of signs. b. When deciding a sign location, the approving authority will review all downtown signs in reference to the following: i. Avoid overly large signs. ii. Do not obscure or destroy architectural details; this detailing greatly enhances the downtown character and atmosphere. iii. Coordinate the placement of signage on adjacent storefronts, especially those to be placed on the same building. Placing a sign higher or lower than adjacent signs may not increase readability, but instead create visual confusion. However, if the adjoining signs are over scaled or badly positioned, the only solution is to do what is best for your storefront within the permitted city guidelines and wait for neighboring merchants or land owners to follow your example or for city conformance deadlines to be initiated. 5. Lighting Quality. Lighting should not be excessively bright, garish, glaring or reflective. It shall not illuminate neighboring sites and shall not be disruptive to neighborhood uses. Any sign that flashes, or blinks, or that creates changes in hues or intensity of illumination, is prohibited within the downtown area. All signs which are lit are required to not exceed the brightness of a diffused light panel having slim -line cool white fluorescent four hundred thirty (430) milliampere lights spaced at least twelve (12) inches on center. Sign illuminations shall not result in glare being directed toward surrounding properties. a. Externally Lighted Signs. i. All externally lighted sources must have some type of guide or shield that directs the lighting toward the sign face so objects and /or structures not meant to be illuminated are shielded. ii. Electrical lines from buildings to signs shall be hidden by all possible means. However, when this is not feasible, the conduit shall be painted to match the existing building. iii. Light fixtures in planted areas or within support structures shall be screened. iv. Exposed light fixtures shall be inconspicuous and shall be integrated into the exterior of the sign through the application of appropriate design, style and color of the hardware. b. Internally Lighted Signs. i. Alternatives to internally lit signs are available and are encouraged to be used by businesses whose principal use is conducted after dark. ii. If internally illuminated signs are proposed, a dark plexiglass background and light lettering is encouraged as a means of reducing glare. iii. Individual internally lit canister letters are acceptable where appropriate. iv. Creative and artistic applications of neon used in signs and other graphics are acceptable where appropriate. 6. Lettering Size and Style. a. In no case may the letter size, except those on a marquee sign, be greater than eighteen (18) inches in height. 000143 b. The lettering style of a sign shall be consistent with the architecture of the building and should complement, rather than detract, from the signage for the business and surrounding businesses. D. Exempted Signs. The signs exempted within the downtown are consistent with Section 17.40.080. E. Signs Prohibited in the Downtown. The following types of signs are specifically prohibited within the downtown area: 1. Balloon signs (a type of temporary sign which is inflatable); 2. Changeable copy wall and ground signs (except for theaters, places of worship, schools, government buildings, gas station price signs only), and signs currently in existence utilized by nonprofit organizations; 3. Signs which emit sounds, odors, smoke, steam, laser or hologram lights, etc.; 4. Flashing /blinking /animated /variable message or active attention - getting signs, including electronic message board signs, which flash every five (5) seconds or sooner; 5. Moving or rotating signs; 6. Private signs posted in the public right -of -way or on public property, poles, trees or equipment, except as allowed by subsection G of this section; 7. Roof signs; 8. Signs which imitate or interfere with traffic control signs and signals; 9. Off -site signs, except as allowed with an encroachment permit, see subsection G of this section; 10. Bench signs; 11. Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; 12. Pylon signs; 13. Tract signs; 14. Pole signs. F. Signs Allowed in the Downtown. In addition to those signs allowed in commercial and industrial zones, as outlined within Section 17.40.040, the following types of signs are governed by the provisions outlined below: 1. Wall Signs (Not Including Wall Signs for Side Elevations for Markets). a. Size. i. Front Elevations. Wall signs on the front of an elevation may contain a maximum sign area of twenty (20) square feet per building tenant. ii. Side and Rear Elevations. Signs on the side or rear of an elevation may be allowed and may not exceed one -half (1/2) square foot of sign area per one (1) foot of side shop frontage not to exceed ten (10) square feet. b. Height. Wall signs for all elevations may not project beyond the height of the wall of a building upon which the wall sign is to be located. c. Length. i. Front Elevations. The length of a wall sign may not be greater than seventy -five percent (75 %) of the wall's linear measurement. ii. Side and Rear Elevations. Signs on the side or rear of an elevation may be allowed and may not exceed one -half (1/2) square foot of sign area per one 00014d (1) foot of side shop frontage not to exceed ten (10) square feet. d. Number of Signs. i. Front Elevations. One (1) front elevation wall sign per tenant may be allowed. ii. Side and Rear Elevations. One (1) side or rear elevation wall sign per tenant may be allowed, with a maximum of two elevation signs per building. e. Illumination. Wall signs may be illuminated, consistent with illumination policies as outlined within subsection (C)(5) of this section. External and indirect lighting is not allowed for wall signs. f. Letter Size. The maximum lettering height may not exceed eighteen (18) inches in height. g. Mounting. All wall signs shall be mounted parallel to the wall and shall not project more than eight (8) inches from the wall. h. Design. Wall signs shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. 2. Wall Signs (On the Side of an Elevation) for Markets Within the Downtown. a. Size and Height. Wall signs for the side of markets shall be allowed by permit. One wall sign per ten (10) feet of the linear frontage of a wall with a maximum of six (6) wall signs is allowed. The maximum height may not exceed three and one -half (31/2) feet by two (2) feet in width. b. Number. There may be no more than six (6) wall signs on the side of a market. No wall signs are allowed for markets on the rear of the building. c. Location. All wall signs for markets shall be placed on the side elevation and be evenly distributed, spaced every ten (10) feet with a maximum of six (6) signs. d. Illumination. Market wall signs on the side of a building shall not be illuminated. e. Letter Size. The lettering on the market wall advertising sign should complement the architecture of the building and may not exceed eighteen (18) inches in height. f. Mounting. For those market wall signs which are not currently framed, a sign permit will be required so that the frame which will be continuously used to advertise market specials is consistent with the requirements of this section. g. Design. All temporary wall signs shall be neatly framed and exhibit an architecture design which is compatible to the design of the building in which the business that the sign identifies is located, consistent with the specifications as outlined within subsection (C)(1) of this section. h. Duration. Market wall signs are intended to temporarily advertise market specials. Said special advertising signs shall not remain up for more than two (2) weeks. 3. Projecting /Hanging Signs. a. Size and Height. The maximum sign height for a projecting /hanging sign may exceed twelve (12) feet and the minimum sign clearance may not be less than eight (8) feet from the bottom of the sign to grade. The sign area shall not 006145 exceed nine (9) square feet. All projecting /hanging signs require a sign permit. A projecting /hanging sign is not allowed within the public right -of -way including sidewalk area, unless an encroachment permit is obtained consistent with subsection G of this section. b. Number of Signs. One projecting /hanging sign may be allowed per business. c. Location. Projecting /hanging signs shall be centered (as defined in Section 17.40.020) directly above the entrance to a business establishment. If there are other existing projecting signs, then the proposed sign shall be placed at the same elevation as other projecting signs. d. Illumination. Projecting /hanging signs shall not be illuminated. e. Letter Size. All letters on a projecting /hanging sign may be no more than eighteen (18) inches in height. Projecting signs shall be scaled so as to not overwhelm the building. f. Logos. The use of logos is encouraged to illustrate the type of business graphically, without the use of words. The maximum height shall be consistent with Section 17.40.120. 4. A- frame, Sandwich Board Signs. a. Size and Height. The size of the A -frame sign may be not larger than two (2) feet wide by three and one -half (31/2) feet in height. A -frame and sandwich board signs shall require a sign permit. b. Number of Signs. Only one (1) A -frame sign is allowed per business. A- frame signs may be double sided. c. Uses Permitted to Have an A -Frame Sign. Only restaurants and theaters are allowed to utilize A -frame signs. d. Location. i. An A -frame or sandwich board sign is not allowed within the public right - of -way without obtaining an encroachment permit, see subsection G of this section. ii. All A -frame signs to be placed within the public right -of -way must be placed as to not interfere with a minimum five (5) foot wide unobstructed pathway in the sidewalk area of the right -of -way. e. Illumination. A -frame signs shall not be illuminated. f. Design. The design of an A -frame sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. g. Mounting. A -frame signs in the right -of -way shall not be mounted to the ground. 5. Barber Poles. Barber poles are allowed within the downtown. One (1) barber pole per barber shop is allowed. Said barber pole may be no more than two (2) feet by nine (9) inches and be attached to a building in a similar fashion to that of a projecting sign, see projecting sign requirements. 6. Monument Signs. a. Size and Height. i. Individual Businesses. Commercial buildings with a building setback of fifteen (15) feet or greater are allowed one (1) monument sign per parcel. 000146 b. Location. Monument signs may encroach into one -half (1/2) of the required setback area. However, the minimum sign setback area is four (4) feet or as outlined within the zoning matrix in Chapter 17.20, whichever is greater. c. Illumination. Monument signs within the downtown may not be illuminated. d. Letter Size. The maximum letter height for monument signs within the downtown may not exceed eighteen (18) inches in height. e. Landscaping. All monument signs within the downtown must be surrounded by a minimum four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. f. Mounting. A monument sign within the downtown must have a solid base rather than pole supports. g. Design. The design of the monument sign within the downtown shall exhibit an architectural design which is compatible to the design on the building in which the business that the sign identifies is located and in keeping with the atmosphere of the downtown. 7. Canopy Signs. a. Size. The length of the canopy sign may be not greater than seventy -five percent (75 %) of the linear frontage of a building. b. Letter Size. The letter size of a canopy sign may not exceed eighteen (18) inches in height. c. Location. Only canopy signs, which advertise businesses located directly behind the advertising device, on the front of a building elevation area allowed. The canopy sign shall be centered (as defined) on the canopy of the tenant's building. No canopy sign shall be located on the incline or slope of the canopy. d. Mounting. The canopy sign shall be safely secured to the canopy. e. Illumination. No canopy sign shall be illuminated. f. Design and Colors. The design and color of the canopy sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. Colors shall be as outlined within subsection (C)(1)(b) of this section. g. Number of Signs. No more than one (1) canopy sign may be placed on a tenant's canopy, and is not allowed in addition to a wall sign on the front of a building. G. Downtown Signs Within the Public Right -of -way. No signs are allowed within the public right -of -way except for A- frame /sandwich board signs, canopy signs, projecting /hanging signs. These signs may be allowed by obtaining an encroachment permit. The sign must advertise the business which is located directly behind the advertising device. Signs for government and public utility companies may be located within the public right -of -way, see Section 17.40.080. (Ord. 199 § 1 (8110 -11), 1994) 00014 MAP OF DOWNTOWN AREA 0 MOORPARK COMMUNITY ..... . SCHOOL l(CON71NUATION HIGH SCHOOL)i I 374 000143 H y al, 10 AV .. .. ... . CHAPARRAL MIDDLE it 7- SCHOOL CHAPARRAL MIDDLEJ F INN m SARAH SCHOOL ST- X... .." .......... z 0 z u E"s AV ox :D V) MORFRTS A < a z ESTmFR 0 O w 2 0 uj 2 SHFRMAN --- llwv :18 I LA Avr 1 —1 AREA SUBJECT To DOWNTOWN SIGN ORDINANCE 374 000143 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2004 -06 TO CHAPTER 17.40 SIGN REQUIREMENTS TO ADDRESS BANNER /SPECIAL EVENT SIGNING, OPEN HOUSE, GARAGE SALE SIGNING AND TO REORGANIZE THE SIGN REGULATIONS FOR GREATER CLARITY AND EASE OF USE WHEREAS, on July 2, 1997, the City Council adopted Resolution No. 97 -1345 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance for signs in the public right - of -way; and WHEREAS, on September 6, 2000, the City Council adopted Resolution No. 2000 -1774 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance relative to signs for outdoor product advertising /menu boards for drive - through restaurants; and WHEREAS, on April 3, 2002, the City Council adopted Resolution No. 2002 -1962 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance relative to the promotion of new businesses, i.e. temporary signs and banners; and WHEREAS, at its meeting of March 22, 2005, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment No. 2004 -06, proposed amendments to Chapter 17.40 (Sign Requirements) to address banner /special event signing, open house, garage sale signing and to reorganize the sign regulations in the Zoning Ordinance for greater clarity and ease of use, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. PC ATTACHMENT 2 0001.49 Resolution No. PC -2005- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds the proposed amendment to Chapter 17.40 of the Moorpark Municipal Code related to sign regulations is consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapter 17.40 of the Moorpark Municipal Code related to sign regulations by replacing the existing text of the entire chapter with that recommended by staff and shown as Exhibit 1, attached. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 22nd DAY OF March, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit 1: Draft Revised Chapter 17.40 of the Moorpark Municipal Code 000150 EXHIBIT 1 Chapter 17.40 SIGN REGULATIONS Sections: 17.40.010 Purpose. 17.40.020 Definitions. 17.40.030 Applicability. 17.40.040 General provisions. 17.40.050 Sign not requiring a permit. 17.40.060 Administration. 17.40.070 General location, height and area standards. 17.40.080 Design, material, construction and maintenance standards. 17.40.090 Temporary banners and signs for city- sponsored events and Moorpark non - profit organizations. 17.40.100 Residential, institutional, and open space zones. 17.40.110 Commercial /industrial zones. 17.40.120 Downtown specific plan. 17.40.130 Prohibited signs. 17.40.140 Legal nonconforming signs. 17.40.150 Unsafe signs. 17.40.160 Nuisance and abatement, enforcement and penalties. 1 \\Mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 0 O6151 Section 17.40.010 Purpose. The purposes and intent of the regulations in this chapter are to: A. Promote signage which allows for easy identification of businesses and occupancies while comprehensively addressing community aesthetic concerns about visual clutter and visual blight. B. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. C. Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business. D. Enable the fair and consistent enforcement of these sign requirements. E. Generally limit commercial signage to on -site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. F. Regulate signs in a manner so as to not to physically interfere with or obstruct the vision of pedestrian or vehicular traffic. G. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on -site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information. H. Allow adequate opportunities for the communication of noncommercial and commercial speech. I. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety. J. Implement the goals and policies of the city's general plan, specific plans, design guidelines and municipal code. K, Encourage signs that are appropriate to the land use zone in which they are located and consistent with the permitted uses of the subject property. L. Establish sign sizes in relationship to the scale of the parcel and building on which the sign is to be placed or to which it pertains. M. Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion are to be exercised in light of this policy and consistent with the purposes and intent stated in this section. Section 17.40.020 Definitions. Words and phrases used in this chapter have the meanings set forth in this section. Words and phrases not defined in this section but defined in Chapter 17.08 are given the meanings set forth in Chapter 17.08. "A -frame sign" means a sign, temporarily or permanently affixed to the ground, which is constructed in such a manner as to form an "A" or tent -like shape, fastened or not at the top, with each face held at an appropriate distance by a supporting member. "Abandoned sign" means any sign which is no longer in use or identifies or pertains to a business, occupancy or use that no longer exists. 2 \ \Mor _pri _sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc ®CO015,0201 "Animated sign" means any sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement. Time and temperature devices are not considered animated signs. "Banner" means any temporary sign of light- weight fabric or similar flexible material which projects from or hangs from a building, pole or wire affixed to the ground or to a building. Banners include but, are not limited to pennants, flags affixed vertically or horizontally. "Business frontage" means that portion of the building or tenant space which is predominately oriented toward a public or private right -of -way, courtyard, pedestrian access, parking lot or parking lot drive aisle. "Campaign sign" means a sign that is designed to influence the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election "Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. "Commercial sign" means any sign, wording, logo, picture, transparency, mechanical device or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. "Construction sign" means a temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. "Directional sign" means any sign which guides the reader to a specific location. "Director" means the community development director or any person designated by the director to act in the director's behalf. "Erect" means to build, construct, attach, hand, place, suspend or affix to or upon any surface. "Flashing sign" means any sign which, by method or manner of illumination, flashes, winks or blinks with varying light intensity, shows motion, or creates the illusion of motion; revolves in a manner to create the illusion of being on or off; changes color or appears to change color or where the intensity of light changes or appears to change. Time and temperature devices are not considered flashing signs. "Freestanding sign" means any sign supported by one or more upright poles or rock, block, or masonry base in or upon the ground, other than an outdoor advertising structure, and not attached to a building. "Fuel pricing sign" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the premises, and such other information as may be required by law. "Hand -held sign" means a sign that is held by or otherwise mounted on a person. For the purposes of this chapter, a hand held sign does not include a noncommercial sign. "Holiday sign or display" means a temporary sign or display erected in recognition of any religious and /or city, state or federally recognized holiday. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time 3 \ \Mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 006153 of its construction or installation; (b) any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and (e) any sign that is in violation of the provisions of this chapter. "Incidental property related sign" means a non - illuminated sign indicating credit cards accepted, trade affiliations, no solicitation, no trespassing, nameplates and similar property - related matters. "Legal nonconforming sign" means any sign which was approved by the county prior to city incorporation or approved by the city and erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of this chapter. "Logo" means any symbol of any color or shape that is used by itself or in conjunction with text to identify the business. Logos which are comprised of text only shall be considered as text only. "Marquee sign" means any changeable copy, including electronic copy, sign attached fastened or mounted on a permanent roof -like structure projecting from a wall of a building ground. "Menu board sign" means a wall or monument sign displaying a list of items available with prices at a drive - through business for the purpose of taking drive - through orders. "Mobile sign" means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle. "Monument sign" means a sign that is completely self- supporting, has its sign face or base on the ground, and has no air space, columns or supports visible between the ground and the bottom of the sign. "Neighborhood identification sign" means an on -site sign that identifies a residential subdivision or area of common interest, but contains no other advertising copy. "Neon sign" means a sign consisting of an internally illuminated glass tube which is bent to form letters, symbols or other shapes. "Noncommercial sign" means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose "Off -site sign" means a commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained. "On -site sign" means any commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this chapter, all signs with noncommercial messages are deemed to be "on- site," regardless of location. "Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall 4 \\Mor_pri_sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \0rdinances and Resolutions\PC Attachment Sign Ord.doc or building. "Portable sign" means a freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy, but does not include hand held signs. For the purposes of this title, a portable sign does not include a noncommercial sign. "Projecting sign" means a sign mounted perpendicular to the wall or building face or structure. "Pylon sign" means a freestanding sign, other than a monument sign, in which the sign face is separated from ground level by means of one or more supports such as poles, pole covers or columns. "Real estate sign" means any temporary sign that relates to the sale, lease or exchange of all or a portion of the premises upon which it is located, not including permanent signs with rental or leasing information. "Rider" means any advertisement device attached to a sign which projects or is outside of the area of the sign. "Roof sign" means a sign affixed on, above, over, or through the roof of any building or structure which projects above the eave line or parapet wall of the building or structure. On buildings with mansard roofs the roof shall be determined to be the eave line of the mansard. Signs projecting above the eave line on a building with a mansard roof where the sign has been architecturally integrated into the design of the mansard are not considered a roof sign. "Subdivision directional sign" means a sign utilized for the purpose of indicating the flow of traffic or travel to reach a specific residential subdivision, and the copy of which is limited to identifying the subdivision together with specific directions to enable the traveler to locate the location of the subdivision. "Subdivision sale sign" means a temporary sign that contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time, but contains no other advertising copy. "Temporary sign" means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time. "Sign" means any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right -of -way or parking area. The following are not within the definition of "sign" for the regulatory purposes of this chapter: a. Signs required on private property consistent with the requirements of the California Vehicle Code; b. Any public or legal notice required by a court or public agency; c. Memorial tablets or signs not exceeding two (2) square feet, including those indicating names of buildings and dates of construction, when cut into a masonry surface or inlaid so as to be part of the building; d. Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten (10) square feet, except as otherwise required by law; 5 \ \Mor _pri_serv\City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 0 00 is 5 e. Street address numbers with a total surface area not exceeding two (2) square feet per address; f. Signs placed or required by a public utility for public safety; g. Holiday signs or displays on commercial or industrial buildings; h. Signs erected for city- sponsored and co- sponsored events; L Non - Commercial flags not exceeding thirty (30) square feet for each lot in a residential zone or seventy -five (75) square feet for each lot in a commercial or industrial zone, provided that the pole or other structure upon which they are flown meets applicable setback and height limitations of the zone in which it is located. "Unsafe sign" means a dangerous structure or components as set forth in Chapter 15.08 of this code. "Window sign" means any sign that is affixed to the interior side of a window and is visible from the exterior of the window, including open /closed signs. Section 17.40.30 Applicability. This chapter regulates signs located on private property within all land use zones of the city and on property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter. Section 17.40.40 General provisions. A. Sign permit required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign permit from the community development department in accordance with the provisions of this chapter. No sign permit is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. B. Owner's consent required. Property owner consent or consent of the person in control or possession of the property is required before any sign may be erected on any private property within the City. C. Noncommercial signs. Noncommercial signs are allowed wherever commercial or industrial signage is permitted and are subject to the same standards and total maximum allowances per site, building or tenant of each sign type specified in this chapter. A permit is required for a permanent noncommercial sign if there is no permit for the permanent commercial sign. For purposes of this chapter, all noncommercial speech messages are deemed to be "on- site," regardless of location. D. Substitution of noncommercial message. With prior consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural 6 \ \Mor pri_serv\City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail. E. Substitution of commercial messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off -site commercial messages may be substituted for on -site commercial messages. F. Legal nature of sign rights and duties. All rights, duties and responsibilities related to permanent signs attached to the land on which the signs are erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. Section 17.40.050 Signs not requiring a sign permit. The following signs do not require a sign permit under Section 17.40.060[Administration], nor will the area of such signs be included in the maximum area of signs permitted; however, each such sign must comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the city's building or electrical codes. A. Campaign signs. B. Construction signs. C. Hand held noncommercial signs. D. Incidental property related signs that do not exceed two (2) square feet in area. E. Real estate signs. F. Temporary freestanding noncommercial signs permitted by Section 17.40.100E. G. Window signs. Section 17.40.060 Administration. A. Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. B. Sign permit application process. 1. Where specifically required by this chapter, an application for a sign permit must be made in writing on the form provided by the community development department and accompanied by any required materials, plans and exhibits, and the fee paid as established by city council resolution. 2. The director shall initially review the application to determine if it contains all the information and items required by the provisions of this chapter and may be deemed complete. 3. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service 7 \ \Mor _pri_sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc O (j 0157 of such notice is provided. 4. No sign permit application will be accepted if: (a) The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application. (b) There is any other existing code violation located on the site of the proposed sign (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) that has not been cured at the time of the application. (c) The sign permit application is substantially the same as an application previously denied, unless: (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. (d) The applicant has not submitted for processing or obtained any applicable use permit. C. Standard sign permit review process. 1. After receiving a complete sign permit application, except for those sign permits that require planning commission or city council approval, the director shall cause the application to be reviewed and render a written decision to approve or deny the application within 30 days. 2. Determinations on sign permit applications are to be guided by the standards and criteria set forth in this chapter. An application shall be approved whenever the proposed sign conforms to all design, size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter. 3. The director may refer certain sign permit applications to the planning commission for review. Such referral should be made within 10 days of a complete application and acted upon by the planning commission within 60 days or concurrent with any related and required project approval that is presented to the planning commission. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this title. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the director, planning commission, or city council must be in writing and must specify the grounds for such denial. D. Sign permit review: master sign programs, modifications, and variances. 1. Master sign programs. The director has the authority to establish master sign programs with specific design standards to enable reasonable flexibility for unique circumstances and special design themes. 2. Exceptions to Regulations. The director may grant an administrative exception for signs deviating from the provisions of this chapter or any limitations imposed upon the use or general design of the sign and may authorize modifications from the permitted sign area, height or setback requirements consistent with the provisions of Section 17.44.040.F of this code. 3. Variances. The planning commission may grant variances from the provisions of this Chapter for the erection and maintenance of signs when difficulties, unnecessary hardship or results inconsistent with the general purpose of this chapter would otherwise occur and would deprive the owner of rights enjoyed by others. The application, review 8 \ \Mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc ` Q��Z1. process, and required findings for a sign variance will follow the applicable procedures set forth in Chapter 17.44 of this code. E. Time limit. Signs authorized by a permit issued pursuant to this chapter shall be erected and have obtained a final inspection within 1 year of the issuance of the permit otherwise the approval will be null and void. F. Revocation of a sign permit. Subject to Section 17.4.090[Appeals], the director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days opportunity to cure. Section 17.40.070 General location, height and area standards. A. Location standards. 1. All freestanding signs, including pylons signs and monument signs shall be located entirely within the property on which the business is located. 2. Except as specifically provided in this chapter, no sign may be located upon or project over a public right -of -way. 3. Except as specifically provided in this chapter, no sign may extend above the eave line or parapet or the lowest point on the sloping roof of the building on which it is located. 4. Signs must be designed and located so as not to interfere with the unobstructed clear view of the public right -of -way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver. 5. All signs authorized under this title must be placed on the side of the property facing on a public or private right -of -way. B. Wall sign height. Wall sign height will be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height will be measured from the elevation of the top of the curb fronting such sign when within ten feet (10') of a street property line. When a sign is set back from a property line more than ten feet (10'), sign height will be measured from the elevation of the ground level surrounding the base of the sign. C. Sign area computation. Sign area will be computed by drawing a series of no more than eight straight lines enclosing the entire perimeter of the sign, including all text, emblems, arrows, ornaments, logos, or other media. Where individual letters or symbols are attached directly to the building surface, the sign area shall be the total area of the message computed by drawing a series of no more than eight straight lines enclosing the area of the message. 6 9 \\Mor _pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 000159 Section 17.40.080 Design, material, construction and maintenance standards. Each permanent approved sign shall comply with the following standards: A. Materials and colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the signs. Sign colors and materials shall be selected to be compatible with the existing building designs and shall contribute to legibility and design integrity. B. Relationship to buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex shall be designed to incorporate the materials common or similar to all buildings. C. Relationship to other signs. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements: 1. Type of construction materials; 2. Sign /letter color and style of copy; 3. Method used for supporting sign (i.e., wall or ground base); 4. Sign cabinet or other configuration of sign area; 5. Illumination; and 6. Location. D. Sign illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right -of -way or adjacent properties, and in no event shall illumination cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources. E. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city's building code and electrical code. Except for temporary signs and window signs, signs shall be constructed of durable materials and securely affixed to the ground, a building, or structure. Under no circumstances shall a permanent sign have an exposed back, exposed wires or conduit. F. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned out lamps, replacement of broken faces, repainting of rust, chipped or peeling structures or faces within 15 calendar days following written notification by the city. When there is a change or discontinuance of a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign shall be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure. G. Restoration of building or property upon sign removal. Within thirty (30) calendar days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign. 10 \\Mor _pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Att ch e t i Ord.doc � Section 17.40.090 Temporary banners and signs for city- sponsored events and Moorpark non - profit organizations. This purpose of this section is to provide additional signage opportunities for advertising annual or one time events that provide a direct benefit to the residents of Moorpark. Events sponsored by Moorpark non - profit organizations are permitted the following signs: A. Temporary freestanding, wall mounted or window banners are permitted on commercial and industrial zoned property, with the permission of the property owner. A total of four (4) banners are allowed per event and only one per lot or site. The banners shall not exceed twenty (20) square feet in area and shall be affixed to either a building or wall. No banner shall be affixed above the roof eave line or on the roof. Banners shall not be located in the public right -of -way unless an encroachment permit is issued. The banners shall not be installed earlier than fifteen (15) calendar days prior to the event and shall be removed within three (3) calendar days following the event. No additional event signing shall be permitted on the same site for a minimum of thirty (30) calendar days. B. Temporary directional signs. Directional signs on commercial and industrial zoned property are permitted with the permission of the property owner. The signs shall not exceed four (4) square feet in area and three feet (3) in height. Directional signs shall not be located in the public right -of -way unless an encroachment permit is issued. A total of twenty (20) signs are allowed per event. The directional signs shall not be installed earlier than one (1) calendar day prior to the event and shall be removed within three (3) calendar days following the event. Section 17.40.100 Permitted signage in residential, institutional, and open space zones. In addition to any other signage permitted under this chapter or code, the following signage is permitted in residentially zoned properties, including institutional uses such as religious establishments, and for residential properties in commercial, industrial, or open space zones but used for residential purpose subject to the applicable regulations set forth in the table below:. Sign type Sign Location Maximum Sign Area and Height Other Regulations'. A Residental3�iriC "' ie fairlr>ii . .�,. �j 1. Name plates. (no sign Within the front yard Area: Two square feet Number: One permit required) setback. per face. Signs may Design: Limited to a wall or be double faced. freestanding sign Hei ht: Six feet Illumination: None 2. Neighborhood At primary entrances Area: Thirty -two Number: Two per primary Identification. as determined by the square feet entrance. community Height: Eight feet Illumination: None. development director. Maintenance: Shall be maintained by the homeowners association or other responsible party approved by the community development director. 11 \\Mor —pri_sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions\PC Attachment Sign Ord.doc p0GIC,I B. Resicle�ttallrnuMti le fam�l ". 1. Monument sign Front or street side Area: Twenty -four Number: One per street yard of a corner lot square feet per side. frontage. placed a minimum of Signs may be double Illumination: External. five feet from the faced. Landscaping: Minimum of 4 required front or street Height: Six feet foot of landscaping surrounding side yard sign. 2. Directory signs In a central location Area: Fifteen square Number: Approved by sign within a courtyard, or feet. permit. at the entrance to the Height: Five feet. Illumination: Internal. buildings. Width: Three feet. tifu=!an °= lncludln but:r►at limited "sta" reli ious instfi #utioris riv to schools clubs° locl + . 1. Monument sign Number: One. Front yard placed a Area: Twenty -four minimum of five feet square feet per side. Illumination: External. from the required front Signs may be double Landscaping: Minimum of four yard faced. foot of landscaping surrounding Height: Six feet sign. 2. Directory signs In a central location Area: Fifteen square Number: One. approved by the feet. Desiqn: Architecturally community Height: Five feet. compatible to the building. development director. Width: Three feet. Illumination: Internal or external. d.anstrubtion% nS. „ Freestandinq Front or street side Area: Six square feet Number: One. construction sign on the yard of a corner lot per side. Signs may Illumination: None. site of a valid building placed a minimum of be double faced. Duration: Within seven permit (no sign permit five feet from the Height: Eight feet. calendar days after the required) required front or street issuance of a final building side yard. permit the sign shall be removed. E..Tem +Drat frit�isldin :si "ns. "; "' 1. On -site signs On private property Dimension: Two feet Number: One. including garage and and not located in the by Two feet Duration: No time limit if the yard sale signs (no sign public right -of -way. Height: Three feet. sign has a noncommercial permit required) Signs placed on message. Garage sale signs private property limited to sale days, maximum require written duration and number of sale authorization from the days per year as specified in property owner. Section 17.28.020, must be removed at the close of the sale activities each day 2. Off -site garage and On private property Dimension: Two feet Number: Six (consistent with yard sale signs (no sign and not located in the by Two feet 17.28.020132c) permit required) public right -of -way. Height: Three feet. Duration: Limited to sale days, Signs placed on maximum duration and number private property of sale days per year as require written specified in Section 17.28.020, authorization from the must be removed at the close property owner. of the sale activities each day. 12 \\Mor_pri_sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Si n Ord.doc l� 00 �, F. Te�nl ora Real etati It1ad3. 1. Real estate signs for Front yard or street Area: Six square feet Number: One. single family residential side yard of a corner per side. Signs may Illumination: None homes in the residential lot, provided, it is a be double faced. open space or minimum of five feet Height: Six feet. institutional zones. (no from the required front sign permit required) yard or street side yard. The signs shall be securely attached to a wall, building or freestanding. 2. Open house At least fifty feet from Area: Four square feet Number: Four directional signs for the end of the curb per side. Signs may Design: Limited to displaying single family homes. return at a street be double faced. "Open House ", an arrow, the (Placement in the public corner. One sign at Height: Three feet. residence address, and right -of -way requires the each location. The business name. issuance of an annual signs shall not be Illumination: None. encroachment permit.) fastened or attached Duration: Restricted from 9:00 in any way to a a.m. to 6:00 p.m. on caravan building, architectural day and on Saturdays and element, wall or any Sundays. street fixture. 3. Real estate signs for Front yard or street Area: Thirty two Number: One per street multiple family homes side yard of a corner lot, provided, it is a square feet per side. Signs may be double frontage, maximum of three. Illumination: None. (no sign permit required) minimum of five feet faced. from the required front Height: Eight feet. yard or street side yard. The sign shall be securely affixed to a wall, building or freestandin . G: Subdiwls olii sale l ns art model home flag oles. 1. Subdivision sale off- On vacant residential, Area: Thirty two Number: Four. site signs commercial or square feet per side. Design: The signs shall industrially -zoned Signs may be double advertise only tracts located property with written faced. within the city. permission of the Height: Ten feet. Illumination: None. property owner. No Duration: After recordation of a tract sign shall be final tract map signs may be placed within five erected for a maximum of hundred feet of any eighteen months from the date other tract sign. of issuance of the sign permit for such sign or until all lots have been sold, whichever occurs first. The community development director may grant six month extensions. Maintenance: A deposit for removal of each sign shall be required as part of the sign erm it. 13 \ \Mor _pri _sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attac�p� i Ord.doc V 1 F I- C 3 2. Subdivision sale on- One sign per major Area: Thirty two Number: Two. site signs street entrance to the square feet per side. Design: The signs shall site. Signs may be double advertise only tracts located faced. within the city. Height: Ten feet. Illumination: None. Duration: After recordation of a final tract map signs may be erected for a maximum of eighteen months from the date of issuance of the sign permit for such sign or until all lots have been sold, whichever occurs first. The community development director may grant six month extensions. Maintenance: A deposit for removal of each sign shall be required as part of the sign permit. 3. Subdivision and Within two hundred Area: Twelve square Number: Six. model home on -site feet of the nearest feet in area for each Maintenance: To be well flagpoles model home and no flag. maintained and kept in good closer than two Height: Fourteen feet condition (i.e., not tattered or hundred feet of any high for each pole. torn) occupied residence.1 A maximum of two Poles shall be at least flagpoles per model three feet from the home and one flag per tract boundary. pole. H. cam, ai< 'rtE: t lid. Campaign signs Campaign signs may Area. No campaign Number. Each parcel may be placed in the front, sign may exceed six have one temporary side or rear yard of square feet in total freestanding campaign sign for any parcel that fronts, area per face. Signs each political candidate or sides or rears on a may be double- issue on each street frontage. public street. No faced. Duration. All campaign signs campaign sign may Height. No must be removed within seven be placed in or freestanding days following the election for encroach into a public campaign sign may which they are intended. If not right -of -way. exceed four feet in timely removed, the sign will be height. deemed to be abandoned and may be removed by the city without notice. Illumination. None. Section 17.40.110 Commercial /Industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commercial and industrial zoned properties, except for those properties within the boundaries of the Downtown Specific Plan (see section 17.40.120) subject to the applicable regulations set forth in the table below: 14 \ \Mor _pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 000164 GEMMER�1Nl3�STFtIAL ZrLN� Sign type .:3 ��` Sign coca #ion Maximulm Sign Area C)therRegulations';, Hey ht " A. Not Within a ,ceri,ter.. is 1i l3,J 3, J ,;.•: 1. Monument signs One -half of the required Area: Thirty six square Number: One per street frontage.2 front or street side feet per side. Signs Illumination: Internally in setback or four feet, may be double faced. commercial zones. Internal or whichever is greater. Height: Six feet. external in industrial zones. Landscaping: Surrounded by a minimum four foot wide landscaped planter area. Copy: Eighteen inch maximum letter height in commercial zones. Twenty -four inch maximum letter height in industrial zones. 2. Wall signs Affixed to the building Area: Twenty square Number: Three signs per wall, eave or overhang feet per leaseable leaseable space but no more than facing a parking area, space or seventy -five one sign per leaseable frontage. building courtyard, percent of the linear Illumination: Internal. exterior walkway or frontage of the street frontage. leaseable space, whichever is less. B centers (11dur Or ` hore b' pssses A sign Deg lopment l)�r# c�rfor��ev hw an program shall be submitted to a .Cornrnunrty prior to erection of sign ,approEval the any The Irogiram shall sho r the Ic ea►t�on, slryle Intl type of Jgna%je The sign program shall ,incinda no Ir cx #, d tour, sign colors, pdang colore #ter business logos, Business lggos shall count, in the al+ lation si gn J _ area. ei- o�ceraters wrfir•" 00, sig r rams cdnfornrance to #ire sign rir ads 6f this sUbse ikon shall accor.withi : twsrt - - %cr Onttis, of the effecfive date of thars:orl!inance 1. Monument signs One -half of the required Area: Thirty six square Number: One per street frontage. front or street side feet per side. Signs Illumination: Internal in setback or four feet, may be double faced. commercial zones. Internal or whichever is greater. Height: Six feet. external in industrial zones. Landscaping: Four foot wide planter surrounding sign. 2. Pylon signs for One -half of the required Area: Three hundred Number: One sign per frontage. commercial retail front or street side square feet Sign Cop v: Center name and the shopping centers setback area but no Height: Twenty -four name of up to a five tenants. The of 50.000 sauare closer than four feet feet center name shall not include any feet or larger from the property line, Width: Twelve feet. tenant name. For centers with located on Los whichever is greater. theaters changeable copy Angeles Avenue or Pylon signs along the signage within the overall New Los Angeles same side of Los allowable sign square footage is Avenue only. Angeles or New Los permitted. Angeles Avenue shall Illumination: Internal. be no closer than five Landscaping: A minimum four hundred feet of one foot wide landscaped planter area another. surrounding the sign base. \ \Mor _pri_sery \City Share \Community Development \DEV PMTS\Z 0 A0004\06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc pwLE- 9 3. Wall signs for Shall be affixed to the Area: One square foot Number: Three signs, but no gLgl building wall, eave or per lineal foot of more than one per building /tenant overhang facing a business /tenant business /tenant frontage. (more than 10.000 parking area or street frontage. Illumination: Internal. square feet of frontage or may be Height: Shall not extend retail space) designed and beyond the roof line. incorporated into the roof. 4. Wall signs for Shall be affixed to the Area: One square foot Number: Three signs, but no minor building wall, eave or per lineal foot of more than one per building/tenant overhang facing a business /tenant business /tenant frontage. (less than 10.000 parking area or street frontage. Illumination: Internal. square feet of frontage or may be Height: Shall not extend retail space) designed and above the roof line. incorporated into the roof. 5. Under - canopy Shall be mounted Area: Four square feet. Number: One per canopy. signs. perpendicular to the Height: Maintain a Illumination: External. business frontage using clearance of not less a flexible device such than eight feet from the as a chain or cable bottom of the sign to under the canopy. the walkway. 6. Directory signs In a central location Area: Fifteen square Number: Approved by sign for multi- tenant within a courtyard, or at feet. permit. industrial, the entrance to the Height: Five feet. Illumination: External or internal. business or office buildings, campus or Width: Three feet. centers. center. 7. Window signs Windows facing a Area: Twenty -five Design: No more than twenty -five (no sign permit parking area, courtyard percent of the total percent of any window shall required when or pedestrian passage window area. contain signing. requirements are way Illumination: None. Illumination met). except for neon signs. Limitations: If window signs are used in -lieu of wall signs, no temporary window signs are allowed. 8. Temporary Windows facing a Area: Twenty -five Duration: Fifteen days per special window signs (no parking area, courtyard percent of the total event up to four times per sign permit or pedestrian passage window area. calendar year with at least thirty required when way days between events. requirements are Illumination: None. met). 9. Temporary Banners shall be Area: Twenty square Duration: Thirty days for grand banners securely affixed to a feet. openings. Fifteen days per building or wall and not Height: No higher than special event four times per attached to trees or the eave of the roof of calendar year with at least thirty posts. the building. da s between events. C. Clocks and t116ti11tin14' Freestanding or On a building wall, Area: Twelve square Number: One per street frontage. wall mounted. monument or pylon feet and without Design: Architecturally compatible sign. commercial display or to the building(s) design. advertisement. Illumination: Internal. 16 \ \Mor _pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 000100 D. Drive= thrs�u K stauronts., Menu board sign Adjacent to the drive - Area: Sixteen square Number Two. through queue. feet for each menu Illumination: Internal. board. Hei ht: Ei ht feet. E. Ser4,ice stations. 1. Monument signs One -half of the required Area: Thirty six square Number: One per street frontage. front or street side feet per face. Double- Illumination: Internal. setback area but no signs may be allowed. Landscaping: Four foot wide closer than four feet, Height: Six feet. planter surrounding sign. whichever is greater. Width: Six feet. 2. Under canopv Shall be mounted Area: Twenty square Number: One per business signs perpendicular to the feet per side. Signs frontage. business frontage using may be double faced. Illumination: None. a flexible device such Height: Eight foot as a chain or cable clearance from the under the canopy. bottom of the sign to the walkway. F. Then" ., 1. Marquee signs Front elevation. Area: Total sign area Number: One. two hundred square Illumination: Internal and neon. feet, with fixed copy Mounting: Projecting from the area fifty square feet front elevation wall. Any and changeable copy projection over the public right -of- area one hundred fifty way requires an encroachment square feet. permit. Height: Minimum of ten feet to the bottom of the sign. The top of the sign shall be at least four feet lower than the ridgeline or plate line of the roof. 2. Freestanding One -half of the required Area: One hundred fifty Number: One sign per frontage. changeable copy front or street side square feet Sign Cop v: See Pylon signs. sign setback area but no Height: Twenty -four Illumination: Internal. closer than four feet feet Landscaping: A minimum four from the property line, Width: Twelve feet. foot wide landscaped planter area whichever is greater. surrounding the sign base. 3. Wall signs Front and side Area: Twenty square Number: One per building face. elevations. feet per elevation. Illumination: Internal. Height: No higher than the wall on which it is located. 4. Now showing Front elevation. Area: Twelve square Number: Four. and coming feet for each sign. Design: Enclosed within a attractions case Height: Eight feet to the lockable case architecturally signs top of the case in which compatible to the building design. sign is mounted. Illumination: Internal. Mounting: Parallel to the wall. 17 \\Mor_pri_sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 000167 G, Tm ora rya!t Freestanding. wall s" ns,- Freestanding signs shall be located in the Freestanding Sign Area: Thirty two square Number: One freestanding sign per street frontage. One building mounted or window. required front or street feet per face. Double sign per each leaseable space. side setback. Building faced sign may be Illumination: None. sign shall be affixed to allowed. the building wall or Building Sign Area: displayed in the Sixteen square feet. window. Freestanding Sign Height: Eight feet for freestanding signs. Building Sign Height: Not higher than the eave line of the roof. Campaign signs. Campaign signs may Area. No campaign Number. Each parcel may have be placed in the front, sign may exceed thirty one temporary freestanding side or rear yard of any two square feet in area campaign sign for each political parcel that fronts, sides per face. A campaign candidate or issue on each street or rears on a public sign may be double frontage. street. No campaign faced if it is placed Duration. All campaign signs sign may be placed in perpendicular to the must be removed within seven or encroach into a right -of -way. days following the election for public right -of -way. Height. No which they are intended. If not freestanding campaign timely removed, the sign will be sign may exceed four deemed to be abandoned and feet in height. may be removed by the city without notice. Illumination. None Section 17.40.120 Downtown specific plan area. A. In recognition of the unique character of the downtown area, a specific plan has been adopted. Signage is an important component of the overall character of the downtown area, and therefore unique sign regulations have been created. Approval of new signs or modification of existing signs shall conform with the requirements of this chapter and with the requirements of this section. B. Design compatibility. The design of all signs shall be compatible with the architectural character, the exterior materials and color(s) of the building. Sign colors shall also be compatible with the architecture of the building. Up to a maximum of three colors may be used. Materials used for the sign or the support structures of the sign may include, but are not limited to, wood, wrought -iron, and painted sheet metals (if the entire surface is painted). C. Sign placement. Signs shall be located on the buildings in a manner that does not obscure the building's architectural detail. D. Lighting. All externally lighted sources shall be shielded so light or glare is no directed toward surrounding properties. Creative and artistic applications of neon used in signs and other graphics may be permitted. E. Prohibited signs. In addition to the signs prohibited by section 17.40.130, the following additional signs are prohibited: 1. Pylon signs; and 18 \\Mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc O()61CS, 2. Subdivision signs. F. Signs allowed in the downtown area. In lieu of those signs allowed in commercial and industrial zones, as set forth in Section 17.40.110, the following signs are permitted in the downtown subject to the regulations set forth below: � IN SP CI Ios Ass �at1Qn _ _ E E f� Maximum, Sign Are then ReStrlct%ps s R711 cf Het ht "' ailfl a.iafteert A. Manu tlta,f.bulltllir�' ", toQt or mater- etbaak.:.... �; .; One -half of the required Monument signs Area: Thirty six square Number: One per street frontage. front or street side feet per face. Double CODV: Eighteen inch maximum setback or four feet, faced signs may be letter height. whichever is greater. allowed. Illumination: None. The sign shall be Height: Six feet. Landscaping: Four foot wide located in the fifteen planter surrounding sign. foot setback area. 2. Wall s�' ryt s Trot ��i Iuiit a :era';" wall sl ns for markets). Wall signs Front, side and rear Area: Twenty square Number: One per building tenant elevations. feet per building tenant for front elevations. One sign per for front elevations. building tenant for side and rear One -half square foot for elevations up to a maximum of each foot of side two signs. building frontage to a Illumination: Internal. maximum of ten square Copy: Eighteen inch maximum feet for side and rear letter height. elevations. Mounting: Parallel to the wall and Height: No higher than not projecting more than eight the wall on which it is inches. located. Length: No greater than seventy -five percent of the length of the wall for front elevations. One - half square foot for each foot of side building frontage to a maximum of ten square feet for side and rear elevations. , s Thy�Y�j$W i�A }Ril ,. i[ +i : E . EiN c +, E € K,c . E 4 h �4K 1.3 - ,, ' , , ; •:: ; •: Ng i 1. Marquee signs Front elevation. Area: Total sign area Number. One. one hundred forty Design: Architecturally compatible square feet, with fixed to the building(s) design that the copy area thirty square sign identifies. feet and changeable Illumination: Internal and neon. copy area one hundred Mounting: Projecting from the ten square feet. front elevation wall. Any Height: Minimum of ten projection over the public right -of- feet to the bottom of the way requires an encroachment sign. The top of the permit. sign shall be at least four feet lower than the ridgeline or plate line of the roof. 19 \\Mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Attachment Sign Ord.doc 2. Wall signs 3. Now showing and coming attractions case signs Temporary wall signs advertising market specials. (No sign permit is required when requirements are met. a. Promecting or hanging signs b. Barber poles Front and side Area: Twenty square Number: One per building face. elevations. feet per elevation. Design: Architecturally compatible Height: No higher than to the building design. the wall on which it is Illumination: Internal. located. Mounting: Parallel to the wall. Front elevation. Area: Twelve square Number: Four. feet for each sign. Design: Enclosed within a Height: Eight feet to the lockable case architecturally top of the case in which compatible to the building design. sign is mounted. Illumination: Internal. Mounting: Parallel to the wall. Side elevation. Centered above the entrance to the business and mounted perpendicular to the business frontage. On the primary business frontage as determined by the community development director Area: Seven square foot with maximum dimensions of 3.5 feet by 2.0 feet. Height: No higher than the wall on which it is located or eight feet, whichever is less. Area: Nine square feet. Height: At least eight feet but no higher than twelve feet from the bottom of the sign to the grade below the sign. Area: Ten square feet with maximum dimensions of 2.75 feet by 3.5 feet. Height: At least eight feet but no higher than twelve feet from the bottom of the sign to the grade below the sign. Number: Six, evenly distributed a minimum of every ten feet. Design: Within a frame which is architecturally compatible to the building(s) design. Illumination: None. Coa: Eighteen inch maximum letter height. Mounting: Parallel to the wall and not projecting more than eight inches. Duration: Two weeks for each market special. Number: One per business. Copy: Eighteen inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: May hang over the public right -of -way with issuance of an encroachment permit. Number: One per barber shop. Illumination: None. Mounting: May hang over the public right -of -way with issuance of an encroachment permit. 20 \\Mor —pri_sery \City Share \Community Development \DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions\PC Attachment Sign Ord.doc 00010 Under canopy si ns "A" frame signs Campaign signs. Centered above the entrance to the business and mounted perpendicular to the business frontage. In front of the business. If located in the public right -of -way minimum ADA requirements shall be met as well as the issuance of an encroachment permit. Campaign signs may be placed in the front, side or rear yard of any parcel that fronts, sides or rears on a public street. No campaign sign may be placed in or encroach into a public right -of -way. Length: Seventy -five percent of the lineal frontage of the front elevation. Area: Seven square feet, maximum dimensions of 2.0 feet by 3.5 feet. Area. No campaign sign may exceed thirty two square feet in area per face. A campaign sign may be double faced if it is placed perpendicular to the right -of -way. Height. No freestanding campaign sign may exceed four feet in height. Number: One. Copy: Eighteen inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: May hang over the public right -of -way with issuance of an encroachment permit. Number: One. Design: Architecturally compatible to the building(s) design. Eighteen inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: Shall not be affixed to the ground. An encroachment permit is required if it is in the Public right- of -way. Number. Each parcel may have one temporary freestanding campaign sign for each political candidate or issue on each street frontage. Duration. All campaign signs must be removed within seven days following the election for which they are intended. If not timely removed, the sign will be deemed to be abandoned and may be removed by the city without notice. Illumination. None Section 17.40.130 Prohibited signs. Except as otherwise specifically provided in this chapter, the following signs are prohibited: A. Abandoned signs. B. A- frame, portable or handheld signs displaying a commercial message. C. Bench signs. D. Barber poles. E. Flashing signs. F. Flags with a commercial messages. G. Mobile and portable signs. H. Off -site signs. I. Projecting signs. J. Roof signs. 21 \\Mor –pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Atta n- Ord.docr K. Any sign which emits sound or an odor. L. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window; M. Unsafe signs. N. Signs erected or attached to any utility pole; O. Signs erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic. P. Signs attached to the exterior surfaces of windows, Q. Inflatable signs and balloons in excess of two feet (2) in diameter; R. Hand held commercial signs. Section 17.40.140 Legal nonconforming signs. A. A legal nonconforming sign may be repaired or restored to its pre- existing condition, provided that the damages is not in excess of fifty percent (50 %) of its value, as determined by the city's building official. Prior to any repairs, a sign permit application shall be submitted and approved in accordance with the requirements of Section 17.40.060. Nonconforming signs which are damaged in excess of fifty percent (50 %) of its value, as determined by the city's building official, or that are abandoned or unmaintained, shall be amortized in accordance with section 17.52.070B. B. Special circumstances. In accordance with Business & Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. Section 17.40.150 Unsafe signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property no more than fifteen days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with the law. 22 \ \Mor _pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs\Ordinances and Resolutions \PC Attachment Sign Ord.doc 00017 2 Section 17.40.160 Nuisance and abatement, enforcement and penalties. A. Nuisance Abatement. The city shall follow the procedures set forth in Business and Professions Code section 5499.1 et seq., for the nuisance abatement of permanent signs that are determined to be illegal. B. Enforcement and Penalties. Violations of this chapter are punishable as set forth in Chapter 17.56. Section 17.40. 170 Appeals. A. Any person seeking to appeal a decision of the director granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remediation or removal of a sign, may appeal such action first to the planning commission, and if dissatisfied with the decision of the planning commission, then to the city council in the manner provided by Section 17.44.090 of this code. B. The city shall expeditiously schedule a hearing before the planning commission or city council, as applicable, not later than thirty (30) days after the notice of appeal is received by the City; provided, however, the hearing may be held after such thirty (30) day period upon the request or concurrence of the appellant. Action on the appeal shall be taken at the time of the hearing by the Planning Commission or City Council, as applicable, unless the appellant requests a continuance. The time for compliance of any original order will be stayed during the pendency of any hearing before the planning commission or city council. C. Any person dissatisfied with the final action taken by the city council may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure Section 1094.8. 23 \\Mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A\2004 \06- Signs \Ordinances and Resolutions \PC Ord.doc Attad L - 3 ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Laura Stringer, Senior Managemen alyst DATE: March 3, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider City of Moorpark, Mission Statement, Priorities, Goals and Objectives for FY 2005/2006 BACKGROUND /DISCUSSION On March 2, 2005, the City Council set a special joint City Council /Planning Commission meeting for April 27, 2005, to discuss the City's Goals and Objectives for Fiscal Year 2005 -2006. Among other things, the City Council considers these goals and objectives in the adoption of the city budget, setting priorities for capital improvement projects and in directing other staff priorities. The Fiscal Year 2004 -2005 Mission Statement, Priorities, Goals, and Objectives are attached for the Commission's reference. Staff is requesting that the Commission discuss suggested goals, objectives and priorities in preparation for the joint meeting with City Council. STAFF RECOMMENDATION Consider City of Moorpark, FY 2005/2006 Mission Statement, Priorities, Goals, and Objectives for discussion at the April 27, 2005 Special Joint City Council /Planning Commission meeting. ATTACHMENT: City of Moorpark, Mission Statement, Priorities, Goals, and Objectives, FY 2004/2005 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \pc 05 0322 agenda rpt.doc 00 0174 Mission CITY OF MOORPARK Statement, Priorities, Objectives FY 2004/2005 PC ATTACHMENT Goals, and ®1 I ,tea CITY OF MOORPARK Mission Statement, Priorities, Goals, and Objectives For FY 2004/2005 CITY MISSION STATEMENT Striving to preserve and improve the quality of life in Moorpark. TOP TEN (10) PRIORITIES* 1. Construct new City Hall and Corporate Yard Facility. (F2, F13 & G22) 2. Construct police station. (F10) 3. Comprehensive update of General Plan Land Use and Circulation Elements and adopt updated OSCAR Element to insure internal consistency among all elements of the General Plan. (C2, G4, G6 & G10) 4. Widen Los Angeles Avenue /New Los Angeles Avenue (SR118) to six travel lanes from Tierra Rejada Road to SR 23 Freeway with a raised median and traffic signal interconnect system and improve Los Angeles Avenue (East) from Condor Drive west to 1500 feet east of Spring Road. (Cl a), b), c), & d), C4 & C13) S. Construct a permanent truck scale facility west of the City. (C5) 6. Widening of Moorpark Avenue /Walnut Canyon Road from Los Angeles Avenue (SR118) to north City limits and prepare plans for an alternate route for north /south truck traffic through the City. (C8, C9 & C11) 7. Construct Moorpark Human Services Complex. (F8) 8. Increase City's General Fund revenue through enhancement of existing revenue sources including business attraction and retention programs and establishment of additional revenue sources. (D1, D2, D7, D8, D9, D10, D11 & F6) 9. Enhance open space and greenbelt areas and determine feasibility of establishing a trail system along the Arroyo Simi and work with other public agencies to develop a comprehensive Arroyo Simi Management Plan that incorporates flood control, habitat preservation /restoration, and recreation components. (C12, G5, G20, G23 & G30) 10. Develop and implement program to encourage new multi and single family housing on underutilized sites within the Downtown Specific Plan area and increase the number of affordable housing units. (B5, B6, & G7) * The listed items are considered to have equal priority. 2 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL 07 2004.doc �`�(11( C DEPARTMENTAL GOALS AND OBJECTIVES The abbreviation used after each objective indicates which department has responsibility for it. If more than one abbreviation is used, the first one shown has primary responsibility for that objective. The abbreviations and corresponding departments used are as follows: (ACM) Assistant City Manager (AS) Administrative Services (CA) City Attorney (CC) City Clerk (CD) Community Development (CE) City Engineer (CM) City Manager (CS) Community Services (MRA) Moorpark Redevelopment Agency (PD) Police Department (PW) Public Works ** Denotes those objectives related to an identified Top Ten Priority. A. Expand and encourage community involvement in establishing the general policies of the City and increase the public's understanding of local government operations. 1. Develop a general emergency preparedness handbook for distribution to Moorpark residents. The handbook will outline how to prepare for, and what to do following a disaster. (ACM) 2. Complete enhanced city web site that provides for downloadable brochures of City services, live broadcast of City Council and other public meetings over the internet, and submission of electronic messages pertaining to City Council, Planning Commission, and Parks and Recreation Commission meeting agenda items prior to 1:00 p.m. on day of meeting. (AS & CC) 3. Tape city- sponsored activities and special events for replay on the City Government Channel. (ACM) 4. Install one or more electronic message signs to enhance City's public information efforts. (ACM, CS & CE) 3 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FIN r ry 2004.doc � � � ( $ B. Revitalize downtown Moorpark with a focus on High Street and the surrounding business district and residential neighborhoods, which includes consideration of public rail transit, potential for increased residential density, and governmental and related public uses. 1. Coordinate the City's efforts to resolve concerns with day laborers. (MRA) 2. Complete project to landscape the railroad frontage property along Moorpark Avenue, including the vacant area west of the south Metrolink parking lot. (CS & MRA) 3. Install landscaping and downtown identification signs at entrances to High Street. (MRA) 4. Complete the design for the Spring Road widening project from the railroad tracks south to Los Angeles Avenue and proceed with right -of -way acquisition. (CE) ** 5. Review and consider revisions to the Downtown Specific Plan including but not limited to the vision, policies, land use, zoning and development standards and uses for City /Agency owned properties. (CD & MRA) ** 6. Develop program to encourage new multi and single family housing projects on underutilized sites within the Downtown Specific Plan area and consider feasibility of City /MRA acquisition of selected sites. (MRA & CD) 7. Install improved street lighting on designated downtown residential streets. (MRA & PW) 8. Prepare amendment to Moorpark Redevelopment Plan to reestablish eminent domain authority. (MRA, CA & CC) 9. Construct mini -park at Charles and Magnolia Streets. (MRA & CS) 10. Prepare conceptual development plan and construct expansion of Poindexter Park. (CS) 11. Prepare Redevelopment Implementation Plan for 2004- 2009. (MRA) 12. Design and construct electrical system for decorative lighting on High Street. (MRA & PW) 4 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL 4" 2004.doc 13. Evaluate options for improving security at the Metrolink parking lots including surveillance cameras and extending block wall at south property line west of Bard Street and make selected improvements by December 31, 2004. (CS & PD) C. Improve traffic circulation and mitigate impacts on the movement of traffic through the City. ** 1. Work with Caltrans to complete a number of projects including: (PW & CE) ** a) Obtain Caltrans approval for construction of a raised median on Los Angeles Avenue /New Los Angeles Avenue from west city limits to SR 23 Freeway. ** b) Installation of a traffic signal interconnect system and permissive /restrictive left turns at certain intersections to provide improved signal coordination and traffic flow on New Los Angeles Avenue and Los Angeles Avenue; ** c) Construct the Los Angeles Avenue at Beltramo Road widening project; ** d) Complete design and acquire right -of -way to widen Los Angeles Avenue between Spring Road and Moorpark Avenue. ** 2. Complete report on update of City Traffic Model. (CD & PW) 3. Construct traffic signal interconnect system on Tierra Rejada Road from Los Angeles Avenue to SR 23 Freeway to possibly include use of permissive /protected left turns at certain intersections (PW). ** 4. Acquire right -of -way and improve Los Angeles Avenue (East) from Condor Drive west to 1,500 feet east of Spring Road. (PW) ** 5. Work with VCTC, CHP, Caltrans, and County of Ventura to site a permanent truck scale facility west of the City. (PW & ACM) 6. Monitor Caltrans' efforts to develop improvement plan for widening of SR 118 west of Moorpark City limits including proposed improvements at the SR 118 and SR 34 /Donlon Road intersection. (PW) 5 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL ] 2004.doc 160u I —f, 9 7. Design the modification, improvement, and widening of the rail crossings at Spring Road and at Moorpark Avenue. (CE) ** 8. Proceed with the development of the design and acquisition of additional right -of -way necessary to provide two southbound lanes on Moorpark Avenue (SR 23) between Casey Road and Los Angeles Avenue (SR 118) including one or more bus turnouts. (CE & CD) ** 9. Coordinate efforts of various developers to construct improvements to Walnut Canyon Road (SR 23) from Casey Road to north City limits to provide lane widening, paved shoulders, and striped median. (CD & CE) 10. Prepare conceptual design and preliminary construction cost estimates for North Hills Parkway from Los Angeles Avenue (SR 118) east to the extension of Spring Road. (CE) ** 11. Prepare environmental document for the SR 23 and SR 118 grading and construction within Specific Plan No. 2, and including a modified Princeton Avenue onramp. (CD & CE) ** 12. Prepare Bicycle and Trails Master Plan. (CD & CE) ** 13. Consider feasibility of pedestrian bridge on Los Angeles Avenue (SR 118) in vicinity of Moorpark Avenue. (CE) D. Strengthen the City's fiscal stability and long -range financial growth. ** 1. Develop proposed Business License Program for consideration by the City Council. (AS) ** 2. Prepare a City marketing brochure and related materials incorporating new logo and slogan for business attraction and retention. (MRA) 3. Revise park land dedication ordinance and evaluate adequacy of current parks improvements fee for commercial and industrial development. (CS, CD & AS) 4. Submit the seven -year Capital Improvement Program (CIP) for City Council's consideration by December 31, 2003. (PW) S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL V �` 2004.doc 5. Develop plan for expenditure of Traffic Systems Management monies collected from development projects for improvement of air quality. (CD & CS) 6. Develop an equitable basis for requirement on new development projects to provide Affordable Housing units and /or pay in lieu fees and for calculating the amount of Traffic Systems Management (TSM) fees. (CD, MRA & AS) ** 7. Evaluate potential uses for parcels deeded to City by SDI. (ACM) ** 8. Conduct citywide mail ballot to seek increase in assessments for street lighting and landscaping. (PW & CS) ** 9. Develop a fee program for businesses requiring inspection to insure NPDES compliance. (PW & AS) ** 10. Complete a commercial demand study to determine appropriate range of commercial acreage for city at build out for City Council consideration by September 30, 2004. (CD) ** 11. Develop improved cost and time accounting and develop chargeable rates for Recreation Division to insure optimum cost recovery and competitive recreation fees. (CS & AS) E. Reduce the potential for juvenile crime through intervention and prevention efforts. 1. Develop a Youth Master Plan in collaboration with the various agencies that serve Moorpark youth, including MUSD and Moorpark Boys and Girls Club, and interested residents to identify existing needs, services and programs. (CS) 2. Work with community groups and school district to address violence intervention and drug use among teenagers. (PD & CS) 3. Determine a location and construct a permanent skatepark. (CS) 7 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL 0 ®!r� 2004.doc F. Enhance the delivery of services and expand program efficiencies. 1. Coordinate City's efforts for proposed transfer of Waterworks District No. 1 to the City. (CM) ** 2. Develop conceptual design proposal for new City Hall, council chambers, and other government offices and complete necessary property acquisition. (ACM) 3. Complete standard development project conditions of approval used for each type of entitlement by December 31, 2004. (CD) 4. Update and revise the Subdivision Ordinance for City Council consideration and adoption by December 31, 2004. (CD, CA & CE) 5. Complete Guidelines for Preparation of Landscape and Irrigation Plans by October 31, 2004. (CD) ** 6. Complete negotiation of cable television franchise renewals with Adelphia for City Council consideration by October 31, 2004. (ACM) 7. Consider options for funding construction and maintenance of a community aquatic facility. (CS) ** 8. In conjunction with other agencies, coordinate preparation of the conceptual plan, design and financing plan and construction of the Moorpark Human Services Complex for the provision of health and social services to the residents of Moorpark. (MRA) 9. Evaluate City's law enforcement needs and priorities and related allocation of resources. (CM & PD) ** 10. Construct police station including space for California Highway Patrol offices by April 30, 2005. (ACM & PD) 11. Determine feasibility and cost for electrical generator to serve Arroyo Vista Recreation Center. (CS) 12. Update City's Record Retention Schedule to conform to federal and state law and prepare for increased destruction of paper records. (CC) ** 13. Complete final design for a new Corporate Yard for the Public Works and Community Services maintenance 8 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL 0 �3� 2004.doc IIJJ 7p7`� 6Ri functions and initiate construction by January 31, 2005. (PW & CS) 14. Install new playground equipment in both play lot areas at Mountain Meadows Park. (CS) 15. Prepare preliminary plans for expansion of GIS applications. (AS & CD) 16. Construct a canine park. (CS) 17. Evaluate feasibility of implementing a citywide canvassing for animal licensing and assuming responsibility for selling animal licenses. (CS) 18. Evaluate feasibility of in -house processing of parking citations. (PW & AS) 19. Evaluate feasibility of constructing a second point of egress for the south Metrolink parking lot. (CS, PW & MRA ) 20. Develop guidelines and procedures implementing a Youth Scholarship Program for eligible low income participants in city recreation programs. (CS) 21. Construct restroom at Glenwood Park. (CS) 22. Evaluate feasibility of lighting additional parks and recreation facilities including Arroyo Vista Community Park (AVCP) multi - purpose court, two basketball courts at Mountain Meadows Park, and proposed skatepark. (CS) 23. Expand Arroyo Vista Recreation Center and gym. (CS) 24. Upgrade Community Center kitchen facilities. (CS) 25. Prepare plan for merging of Public Works Director and City Engineer positions and responsibilities. (CM, CE & PW) 26. Evaluate feasibility of providing a City sponsored network for wireless internet access throughout the City. (AS & ACM) 27. Develop Technology Master Plan to include standards and replacement schedules for computer hardware and software and communication systems. (AS) WO S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FIND � /1 Fq' 2004.doc 28. Update City's CEQA Guidelines by December 31, 2004. (CD) G. Reinforce and enhance Moorpark's attractive community character and safeguard its desirable resources. 1. Work with Ventura County Fire Protection District to consider siting a fire station in the Campus Park area of the City. (ACM) 2. Plan and conduct an emergency response exercise involving the City Council and community organizations. (ACM & PD) 3. Develop Ordinances and related policies and program guidelines for collection and use of Art in Public Places and Tree and Landscape fees. (CS & CD) ** 4. Complete the update of the OSCAR Element of the General Plan, the related GPA and environmental documentation and the Park Master Plan. (CD & CS) ** 5. Develop options to enhance open space and greenbelt areas for consideration by the City Council. (CM & CD) ** 6. Process General Plan amendment and Zoning Code amendment to create a Natural Open Space land use designation and zone district. (CD) ** 7. Develop affordable housing assistance programs in conjunction with residential development projects in the City and develop a program for affordable housing assistance projects utilizing redevelopment set aside funds and other available funding sources to increase the affordable housing stock in Moorpark. (MRA) 8. Work with State of California to achieve appropriate reuse of former Caltrans yard including widening of Los Angeles Avenue. (CD & MRA) 9. Develop plan and conceptual design for City entry signs. (PW, CS & CD) ** 10. Initiate comprehensive update to General Plan Land Use and Circulation Elements and insure internal consistency among all General Plan Elements. (CD) 11. Consider amendments to the Zoning Ordinance to allow greater use of a variety of residential development 10 00(11 4 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL 0707 2004.doc concepts to ensure optimum open space and recreation amenities while achieving appropriate densities. (CD) 12. Establish design standards for commercial, industrial, and residential development projects. (CD) 13. Complete landscaping improvements on south side of Los Angeles Avenue east of Tierra Rejada Road. (PW & CS) 14. Process amendments to City Zoning Ordinance including parking and signage. (CD) 15. Process proposed North Park Specific Plan and related environmental document, GPA, Zone Change, development agreement, sphere of influence amendment and annexation for City Council consideration. (CD, CM & CC) 16. Install median improvements in Tierra Rejada Road from Spring Road to easterly city limits. (PW & CS) 17. Update city's 1995 Master Drainage Plan and incorporate needed improvements into Capital Improvement Program. (PW & CD) 18. Prepare Specific Plan for the Virginia Colony area of city. (CD) 19. Establish Underground Utility District to underground electrical transmission lines on Los Angeles Avenue (SR 118) from Shasta Avenue to Millard Street. (PW) ** 20. Develop an inventory of natural open space properties owned by City and HOA's and other privately owned property restricted by conservation easement or other development condition or limitation. (CD & CS) 21. Work with Caltrans to install landscaping and decorative pavement at Tierra Rejada Road /SR 23 ramps. (PW & CS) ** 22. As part of new City Hall project, establish Civic Hall of Fame to recognize city enhancement efforts by individuals and organizations. (ACM) ** 23. Work with property owner to improve west City entry. (CD & CM) 24. Develop program to assist City employees as first -time buyers to purchase housing in the City. (MRA) 11 S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL�070� 2004.doc 25. Evaluate feasibility of landscaping remaining portion of Monte Vista Nature Park and adjacent properties with native vegetation. (CS) 26. Evaluate feasibility of relocating the Metrolink layover facility. (MRA, CS & CE) 27. Underground existing electrical lines on north side of New Los Angeles Avenue in the vicinity of the Arroyo Simi Bridge. (CE) 28. Evaluate funding sources and priorities for undergrounding of utility lines throughout the City. (CE) 29. Initiate a Community Emergency Response Team (CERT). (ACM) ** 30. In conjunction with the Ventura County Watershed Protection District, prepare conceptual plans and evaluate potential funding for Arroyo Simi improvements determined necessary by the FIRM update. (CE) 31. Prepare conceptual plan for reuse of former Moorpark Avenue Fire Station site. (MRA & CD) 12 0v( -J.8', S: \Community Development \ADMIN \COMMISSION \Goals and Objectives \Objectives 2004 -2005 FINAL 0707 2004.doc