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HomeMy WebLinkAboutAG RPTS 2006 0627 PC REGResolution No. PC- 2006 -502 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY — JUNE 27, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: A. Regular Meetinq Minutes of May 23, 2006 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 June 27, 2006 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2006 -502) A. Consider Development Agreement No. 2004 -01 with Toll Land XX Limited Partnership in Connection with Residential Planned Development Permit No. 2003 -04, General Plan Amendment No. 2003 -04, Zone Change No. 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 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2006- recommending to the City Council approval of Development Agreement No. 2004 -01. B. Consider Development Agreement No. 2004 -02 with Toll Land XX Limited Partnership in Connection with 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 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2006- recommending to the City Council approval of Development Agreement No. 2004 -02. C. Consider Commercial Planned Development No. 2005 -06 to Allow Construction of a 141,038 Square Foot Retail Home Improvement Warehouse Home Depot Store and Garden Center on a 12.9 Acre Parcel Located at the East End of Patriot Drive Adjacent to State Route 23 Freeway (Staff: Joseph Vacca) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2006- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2005 -06. D. Consider Amendment No. 1 of Downtown Specific Plan No. 1995 -01, A Request to Amend the Downtown Specific Plan to Provide More Specific Direction Regarding Development and Architectural Style in the Commercial and Residential Areas (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2006- recommending to the City Council approval of Amendment 1 to the Downtown Specific Plan. \ \Mor_pri_sery \City Share \Community DevelopmentWDMIN \COMMISSIONWGENDA\2006 arial \06_0627 pca.doc Planning Commission Agenda June 27, 2006 Page No. 3 E. Consider Zoning Ordinance Amendment No. 2005 -03 — Amendments to Chapter 17.24: Lot Area and Coverage, Setbacks, Height and Related Provisions: Chapter 17.32: Parking, Access and Landscaping Requirements* and Chapter 17.72: Downtown Specific Plan Overlay Zone S� P -D) (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2006- recommending to the City Council approval of ZOA 2005 -03. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: (Future agenda items are tentative and are subject to rescheduling.) A. July 25, 2006 • Revised Rules of Procedure for Planning Commission meetings B. August 22, 2006 • Cancelled 11. ADJOURNMENT: -------------------------------------------------------------------------------------------------------------------------- In 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). \\Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION\AGENDA\2006 arial \06_0627 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of May 23, 2006 Regular Meeting Page 1 1 The Regular meeting of the Planning Commission was held on May 23, 2006, in the 2 City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, 3 California; 93021. 4 1. CALL TO ORDER: 5 Chair Landis called the meeting to order at 7:02 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Joseph Fiss, Principal Planner, led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: Commissioners DiCecco and Peskay, Vice Chair 10 Taillon and Chair Landis 11 Absent: Commissioner Pozza 12 Staff Present: Barry K. Hogan, Community Development Director; 13 David Bobardt, Planning Manager; Laura Stringer, 14 Administrative Services Manager; Joseph A. Vacca, 15 Principal Planner; Joseph Fiss, Principal Plainer; 16 Richard Denniston, Assistant Planner I; and Gail Rice, 17 Administrative Assistant. 18 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 19 None. 20 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 21 None. 22 6. CONSENT CALENDAR: 23 MOTION: Commissioner DiCecco moved and Vice Chair Taillon seconded a 24 motion to approve the consent calendar. The motion carried by a 4 :0 voice vote; 25 Commissioner Pozza absent.) 26 A. Regular Meeting Minutes of April 25, 2006 27 B. Joint City Council and Planning Commission Meeting Minutes of April 26, 28 2006 29 C. Resolution Finding the Vacation of the Street Right -Of -Way Located at the 30 Northeasterly Corner of Park Lane and Park Crest Lane, Containing \\Mor_pn_sery \City Share\Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft aria1\06_0523_pcm doc 0 0 „0 L _ 1 Planning Commission, City of Moorpark, California Minutes of May 23, 2006 Regular Meeting Page 2 1 Approximately 0.072 Acre, to be in Conformance with the Moorpark General 2 Plan (Staff: Yugal Lall) 3 Staff Recommendation: Adopt the attached Planning Commission 4 Resolution No. PC- 2006 -498 .(Attachment 2) finding the vacation of the 5 above described segment of Park Crest Lane to be in conformity with the 6 Moorpark General Plan. 7 Planning Commission approval of this item is final unless appealed within ten 8 (10) days. 9 7. PUBLIC COMMENTS: 10 None. 11 8. PUBLIC HEARINGS: 12 (next Resolution No. 2006 -498) 13 A. Consider Modification No. 1 to Conditional Use Permit No. 1633 (County 14 of Ventura) to Continue Operation of an Existing Heliport Used to 15 Transport Personnel, Maintain and Repair Electrical Systems, and Provide 16 for Emergency Medical Evacuation at the Southern California Edison 17 (SCE) Substation located at 5027 Gabbert Road, on the Application of 18 Southern California Edison (SCE) (Staff: Richard Denniston) 19 Staff Recommendation: 1) Open the public hearing, accept public 20 testimony and close the public hearing: and 2) Adopt Resolution No. PC- 21 2006 -499 approving Modification No. 1 to Conditional Use Permit No. 22 1633 (County of Ventura), subject to conditions. 23 Mr. Denniston gave the staff report 24 The Commission questioned staff on limitation of hours, use for 25 emergencies, availability to other agencies during emergencies and 26 history of usage under the previous permit. 27 Chair Landis opened the public hearing 28 Tony Wilson, applicant, stated the heliport had been in use for 29 approximately twenty (20) years, there was no lighting to accommodate 30 evening flights, and extended an offer that the City could use the heliport 31 anytime provided procedures are foilowed. 32 Art Bradbury, operations supervisor, indicated he was available for 33 questions. 34 The Commission questioned the applicant on other agency use of the 35 heliport during emergencies, and hours of operation and flight restrictions 36 under the original Conditional Use Permit. \ \Mor_pri_sery \City Share \Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft arial \06_0523—pcm doc 0 'a �0C n Planning Commission, City of Moorpark, California Minutes of May 23, 2006 Regular Meeting Page 3 1 Raymond M. Hebel, resident, spoke in opposition to the project and stated 2 the city needed to eliminate noise issues that were over the 65 decibel 3 level and applicant's failure to follow flight plan procedures. 4 Mr. Hogan commented on the city's options should applicant not abide by 5 the conditions of the permit. 6 Chair Landis closed the public hearing 7 Staff stated there were no written statement cards submitted. 8 The Commission discussed enforcement of the conditions for this permit. 9 MOTION: Commissioner DiCecco moved and Commissioner Peskay 10 seconded a motion to approve staff recommendation and adopt 11 Resolution No. P- 2006 -499. The motion carried by a 4:0 voice vote; 12 Commissioner Pozza absent. 13 Planning Commission approval of this item is final unless appealed within 14 ten (10) days. 15 B. Consider Conditional Use Permit No. 2006 -01, a Request to Install Six (6) 16 Panel Antennas Mounted to Six (6) 17.5 -foot Stub Mount Poles, Four (4) 17 Communication Equipment Cabinets, One (1) GPS Antenna, One (1) 18 Telecommunications and Electrical Cabinet, and One (1) Communications 19 Transformer, on the Application of Royal Street, LLC (Staff: Richard 20 Denniston) 21 Staff Recommendation: 1) Open the public hearing, accept public 22 testimony and close the public hearing; 2) Adopt Resolution No. PC- 23 2006 -500 approving Conditional Use Permit No. 2006 -01, subject to 24 conditions. 25 Mr. Denniston gave the staff report. 26 The Commission questioned staff on the requirements of this project and 27 the similarity to a recent project for communication towers on 28 Championship Drive. 29 Chair Landis opened the public hearing. 30 Tricia Knight, applicant, indicated she was available for questions. 31 The Commission had no questions of applicant. 32 Chair Landis closed the public hearing. 33 Staff stated there were no written statement cards submitted. 34 The Commission had no discussion on this item. \\Mor_pri_serv\CAy Share\Community Development WDMIN\COMMISSION\MINUTES\2006 Draft ariah06_0523_pcm doc Of4jf t—I Planning Commission, City of Moorpark, California Minutes of May 23, 2006 Regular Meeting Page 4 1 MOTION: Commissioner Peskay moved and Commissioner DiCecco 2 seconded a motion to approve staff recommendation and adopt 3 Resolution No. P- 2006 -500. The motion carried by 4:0 voice vote; 4 Commissioner Pozza absent. 5 Planning Commission approval of this item is final unless appealed within 6 ten (10) days. 7 C. Consider Commercial Planned Development No. 2005 -01 to Allow 8 Construction of an Approximately 25,500 Square Foot Office Building on a 9 1.6 Acre Parcel Located on the South Side of Los Angeles Avenue, West 10 of Leta Yancy Road, on the Application of Abdv Khorramian, Architect 11 (Staff: Joseph Fiss) 12 Staff Recommendation: 1) Open the public hearing, accept public 13 testimony and close the public hearing; and 2) Adopt Resolution No. PC- 14 2006 -501 recommending to the City Council conditional approval of 15 Commercial Planned Development Permit No. 2005 -01. 16 Mr. Fiss gave the staff report. 17 The Commission questioned staff on grading, ingress and egress issues, 18 and whether an easement would be required, 19 Chair Landis opened the public hearing. 20 Abdv Khorramian, applicant, commented on vehicle parking behind the 21 building and indicated he was available for questions. 22 The Commission questioned applicant on the addition of water elements, 23 the landscape shade structure in the parking area, art in public places, 24 and a drinking fountain. 25 Chair Landis closed the public hearing. 26 Staff stated there were no written statement cards submitted. 27 The Commission discussed the architectural elements, and employee rest 28 areas. 29 Commissioner DiCecco suggested architectural enhancements for further 30 consideration by staff. 31 MOTION: Vice Chair Taillon moved and Commissioner Peskay seconded 32 a motion to approve staff recommendation and adopt Resolution No. P- \\Mor_pri_serv\City Share\Community Development tADMIN\COMMISSION\MINUTES12006 Draft arial\06_0523 _pcm doc Planning Commission, City of Moorpark, California Minutes of May 23, 2006 Regular Meeting Paae 5 1 2006 -501. The motion carried by 4:0 voice vote; Commissioner Pozza 2 absent. 3 9. DISCUSSION ITEMS- 4 A. Consider Scheduling of a Summer Meeting Recess to Coordinate with 5 City Council Recess (Staff: David Bobardt ) 6 Staff Recommendation: Direct staff to post a notice of meeting 7 cancellation for the August 22, 2006, regular meeting. 8 Mr. Bobardt gave the staff report. 9 CONSENSUS: It was the consensus of the Commission to cancel the 10 August 22, 2006 regular meeting. 11 B. Consider Receiving Information on an Application for Commercial Planned 12 Development (CPD) Permit No. 2005 -06 to Allow Construction of a 13 137,627 Square Foot Home Improvement Store and Garden Center on an 14 11.2 Acre Site, on the Application of Home Depot, Located at the End of 15 Patriot Drive Off of Miller Parkway (Assessor Parcel No. 512 -0- 260 -045) 16 (Staff: David Bobardt) 17 Staff Recommendation: Comment and then receive and file. 18 Mr. Vacca gave the staff report. 19 The Commission questioned staff on signage for the project, impact on 20 previously approved project, zoning, competitive stores in the city, 21 potential impacts to nearby residents, day laborer issues and storage of 22 hand carts. 23 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 24 (Future agenda items are tentative and are subject to rescheduling.) 25 A. June 27, 2006 26 • RPD No. 2004 -06; GPA No. 2004 -05; ZC No. 2004 -04; DA No. 2004- 27 03; Essex Portfolio, LP /Coimer (HS site) 28 • CPD 2005 -06 - Home Depot 29 0 Downtown Specific Plan ZOA 30 • ZOA No. 2004 -02 — Setbacks and flagpoles 31 B. July 25, 2006 32 Mr. Hogan briefly discussed future agenda items. \\Mor_pn_serv\City Share +Community Development\ADMIN\COMMISSION\MINUTES\2006 Draft arial\06_0523_pcm doc Planning Commission, City of Moorpark, California Minutes of May 23, 2006 Regular Meeting Paae 1 The Commission questioned staff on the schedule for the Rental Housing 2 Ordinance. 3 11. ADJOURNMENT: 4 MOTION: Commissioner DiCecco moved and Commissioner Peskay seconded 5 the motion to adjourn the meeting at 8:22 p.m. The motion carried by a 4:0 voice 6 vote, Commissioner Pozza absent. 9 ATTEST: 10 11 Kipp A. Landis, Chair Barry K. Hogan, Community Development Director \ \Mor_pn_serv\City Share \Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft arial \06_0523_pcm doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire Prepared by: Joseph Fiss, Principal Planner DATE: June 9, 2006 (PC Meeting of 06/27/06) SUBJECT: Consider Development Agreement No. 2004 -01 with Toll Land XX Limited Partnership in Connection with Residential Planned Development Permit No. 2003 -04, General Plan Amendment No. 2003- 04, Zone Change No. 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 BACKGROUND /DISCUSSION Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On June 7, 2006, the City Council considered the recommendation of its Ad Hoc Committee (Council members Parvin and Millhouse) regarding Development Agreement Number 2004 -01 for Toll Land XX Limited Partnership for the residential development of a 43.04 acre project site north of Championship Drive and East of Grimes Canyon Road. The Council, upon recommendation of the Ad Hoc Committee, directed staff to advertise a public hearing on the Development Agreement before the Planning Commission on June 27, 2006, and the City Council on July 19, 2006. As with all of the City's development agreements, a standard format has been utilized, making slight adjustments to suit the particular project. Development Agreement No. 2004 -01 is patterned after the Development Agreement that was approved for the Birdsall development project. The substance of the developer's obligations is contained in Section 6 and the substance of the City's obligations is in Section 7. This Development Agreement is fairly consistent with the Birdsall Development Agreement and the terms will ensure that the project will be developed consistent with the goals of the general plan. Items unique to this project \ \Mor_pn_sery \City Share \Community Development\DEV PMTS \R P D\2003 -04; TR 5463 Toll Bros \DA \PC_DA_Agenda_Rprt_060627.doc 04 f 4l Honorable Planning Commission June 27, 2006 Page 2 include the purchase and dedication of seventy -two (72) acres of open space in lieu of providing on -site open space dedication pursuant to Section 17.38.080 of the Hillside Management Ordinance, the provision of a minimum two (2) inch rubberized asphalt overlay of Championship Drive from Grimes Canyon Road to Walnut Canyon Road, and the provision of an easement to the City for a City Welcome Sign on the Project site at a location satisfactory to the Community Development Director including payment of $25,000 to the City for the construction and erection of the sign. This project also requires Changes in the Rural Low Residential (RL), Open Space -2 (OS- 2) and 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 (1) to Residential Planned Development (RPD), Open Space — 500 acre minimum (OS- 500ac) and Institutional (1) are requested for the development of fifty - one (51) single - family homes. 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. These entitlement applications were reviewed by the Planning Commission on March 22, 2005, April 26, 2005, and June 28, 2005. The Planning Commission recommended approval with conditions and modifications to the project. The applicant has incorporated these recommended modifications into the proposed design. The Planning Commission recommendation on these entitlements will be considered by the City Council at the July 19, 2006 meeting together with Development Agreement No. 2004 -01. PROCESSING TIME LIMITS As legislative action of the City Council is required to approve a development agreement, this application is exempt from the time limits 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). 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 0f,q I��> Honorable Planning Commission June 27, 2006 Page 3 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 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 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. 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 applicable to the Development Agreement as well. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2006- recommending to the City Council approval of Development Agreement No. 2004 -01. ATTACHMENTS: 1. Location Map 2. Resolution No. PC -2006- with Draft Development Agreement Of", 0C 11 r f r r yy}} 171 }n 3r'r aL c� t G imes 11 ac t ��� 5464 Canyon 5 4 6J l ` Ro ad "heazi ionshi Drive re R � � cour:try club Estates (Tract 4928, kP'J 94-01 � Walnut Canyon R.o ad I V. qr k TT t � L LOCATION MAP NORTH 0 PC ATTACHMENT 1 a r . RESOLUTION NO. PC -2006- 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 TOLL LAND XX LIMITED PARTNERSHIP FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -04, GENERAL PLAN AMENDMENT NO. 2003 -04, ZONE CHANGE NO. 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 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 Residential Planned Development Permit No. 2003 -04, General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, and Tentative Map No. 5463 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 and Residential Planned Development requests and recommended to the City Council approval of said requests; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that the Mitigated Negative Declaration prepared for Fifty -One (5 1) Single- family Homes on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road 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 June 27, 2006, to consider the Development Agreement and to accept public testimony related thereto; and PC ATTACHMENT 2 Resolution No. PC -2006- 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. RECOMMENDATION: The Planning Commission recommends that the City Council approve Development Agreement No. 2004 -01 in the form and content presented to the Planning Commission on June 27, 2006. SECTION 2. 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 3. 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 27th day of June, 2006. AYES: NOES: ABSTAINED: ABSENT: Kipp A. Landis, Chair ATTEST: Barry K. Hogan, Community Development Director Exhibit: Draft Development Agreement No. 2004 -01 r,� 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 CANYON (B AL-L4 TOLL LAND XX LIMITED PARTNERSHIP 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 on , by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and Canyen GFest RanGh PaFtners MOGFpark, LL-G Toll Land XX Limited Partnership, the owner of real property within the City of Moorpark generally referred to as Vesting Tentative Tract Map 543763 (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: 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. 20043 -034_ ( "GPA 20043 - 034_ "), for approximately 43- 443.04 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. 20043 -023 ( "ZC 20043 - 023 "). 1.3. GPA 20043_ -034_, ZC 20043 -023, Vesting Tentative Tract Map 543763 (Tract 543763) and Residential Planned Development Permit No. 2004- 052003-04 (RPD X904- 002003 -04) [collectively "the Project Approvals "; 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. Wor pri serv\City Share \Community Development \DEV PMTS \R P D\2003 -04 TR 5463 Toll Bros\DA \Draft based on Birdsall - Husted docS \ Gommunity Devekwient\DEV PAATS \R P D12003 -04 TR -5463 Toll BrosQA \Draft based on 8ifdsall Husted docS \Community Development\DEV PWTS\R P D\2004 -05 Birdsall \DA\Anal doc Page 2 of 33 0 E; i 0 s ,^ 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 20043 -034. 1.7. On April 25, 2096 , 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 May 17, 2 , the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on JIB -7 -2806 , approved the Agreement by Ordinance No. 336 ( "the Enabling Ordinance "). 2. Property Subiect To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the 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 except any lot within the Project that has been fully developed in accordance with the Project Approvals and this Agreement 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 UMor pri serv\Cily Share\Community Development \DEV PMTS\R P D12003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted.docS 1Commanity DevelopmentOEV PMTSIR -P D12003 -04 TR 5463 To 4l BrestDA\Dra €t based on BKdsall- Husted.docS \GGmrnunAy Developmer4OEV PMTS1R P DQ004- 058kdsa4\DA\ €ina1-doc Page 3 of 33 0 4 i 0 j-� 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. 3.3. In the event of a partial assignment or transfer, the assumption agreement referenced in subsection 3.2 shall include provisions acceptable to the City to ensure that the phased construction of affordable housing units contemplated by Section 6.9 is achieved, regardless of the identity or number of developers of the Project. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to 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 purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. \\Mor pri serv\City Share\Community Development \DEV PMTS\R P D\2003 -04 TR 5463 Toll BrosOACraft based on Birdsall - Husted.docS.\Community DevelopmentOEV PAATS\R P DW03 -04 TR 5463 TG4 BrosOAZraR based on Birdsa4- Husted docS Community DevelopmentOEV PMTS\R P D\2004 -05- Sirdsa4OA4mal.doc Page 4 of 33 t 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties intent, as set forth in this subsection, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit 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 \\Mor pn serv\City Share\Community DevelopmentOEV PMTS \R P D\2003 -04: TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted.docS \Community Development\DEV PMTS\R P D0003 -04: TR 5463 Tog BrosOAlDrait based on Birdsa4- Husted doeS \Community Development \DEV PMTS\R P D\2004 -05 BirdsaADA44nat.doc Page 5 of 33 00001V approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a 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 \Wlor pri serv\City Share\Community Development \DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted docS 1Community DevelopmentlDEV PMTS\R P M2003 -"4 TR- 5463 -Toll BrosOA\Orait based on Birdsatl- Husted:docS \Community DevelopmentlDEV PMTS\R P D\2004-05 BirdsalkDAVinal.doc Page 6 of 33 Oil- UI SS 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. 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 Dept o€- Community Development Department 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 and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.6. Issuance of Buildinq Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any 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 \\Mor pri serv\City Share \Community Development\DEV PMTS \R P D\2003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted.docS:\Community Development\DEV PMTS\R P 0\2003 -04 TR 5463 ToN Bros\DA\Dfaft based on 8irdsalt- Husted docS:\Commundy Development\DEV PMTS\R P D\2004 -05 Bwdsatl\DA \fwat.doc Page 7 of 33 i ; : 0 . O,_ 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 Nine - Thousand TwoFive- Hundred Ninety One- Dollars ($9,5002-94.00) per residential unit and Forty- _OoTwoe- Thousand €4g4tSeven- Hundred Twelve Fifty Dollars ($42,7504;-84-2.00) per gross acre of institutional land on which the use is located. The fee shall be adjusted annually commencing July 1, 2008 by the larger increase of a) or b) as follows: after the :tive date$f -lhjr, Agreem °n+ h aoy_iRGrease-in4he-vcmsvm°r PFiGe lRdex (GPl)4ff#4-a_4-fees have been paio. a) The Consumer Price Index (CPI) increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the monthw#+ch is- - four - 44)- -months - prioF- toAhe_ month- in- wh- irh -- this - Agreement beear e-effee -five this - bec -ani& effee-t+ve -in of October over the prior October. \\Mor pri serv\City Share\Community Development\DEV PMTS \R P DQ003 -04, TR 5463 Toll BrosT A \Draft based on Birdsall - Husted doc&\Cornmunity DevelopmenADE- V- P4TS\R P ©62003 -04 TR 5463 Tot�Sfos\DA\BEaft based on 8irdsall- Husted.doeSlCommun4y Development\DEV PMMR P D\2004-05 8irdsa44 \DA\finaWoc Page 8 of 33 W 4 X00210 b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve 0 2) month period available on December 31 of the preceding year. In the event there is a decrease in both of the referenced Indexices 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 Six - Thousand F= veSix- Hundred ThiFty One Dollars ($6,600534.00) per residential unit, and Twenty- Nine - Thousand, ThFeeSeven- Hundred Nine+O,e -- Dollars ($29,70034.00) per acre of institutional land on which the institutional use is located. Commencing on January 1, 2008, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5. As a condition of issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a community services fee as described herein (Community 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, ThFeeFour- Hundred FBFty -Q�in2 Dollars ($2,400349.00) per residential unit, and SevenTen- Thousand €-9WEi ht- Hundred TNi4y -Six Dollars ($10,8007, 436.00) per gross acre of institutional land on which the institutional use is located. The fee shall be adjusted annually Ecommencing on January 1, 2008, by the larger increase of a) or b) as follows:at +t , .(the Servc� viGes Fee shall shall � -adj ic+`a7v to c �' h_& -'bt7n �-f�i�� t�e�Pa}a�-- Oe�r�►t++�+ +r; Serv+E��ees- t}ave- been -paid a) The Consumer Price Index (CPIj increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the \Wtor pri serv\City Share\Commundy Development \DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted doc& Cofnmumty DeveloomentOEV PMTS\R P D\2003 -04 TR 5463 -Toll 6fos0A\afait based on SKdsaN- Husted:doeS- ACommunity Development\DEV PMTS\R -P D\2004 -05 Birdsall\DA\final,doc Page 9 of 33 0; prior year. The calculation shall be made using the month of August- October over the prior FAGRth of AugustOctober. b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in both of the G124- referenced Indices 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. As a condition of the issuance of a g grading permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a Public Facilities fee as described herein (the "Public Facilities Fee "). The Public Facilities Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Public Facilities Fee shall be Te+aTwelve- Thousand Dollars ($120,000.00) per residential unit and Fifty -Four- Thousand Dollars ($54 000) per gross acre of institutional land on which the institutional land is located, and shall be fully paid for the entire project or institutional use prior to the issuance of the grading permit. The fee shall be adjusted annually commencing January 1, 2008 by the larger increase of a) or b) as follows:ene (-1-}- year- a#tefAhe opefa#v-,-_4ate of this AAgr by aRy RGFease in the ftF 'if eiE P-i Hf2tFl c�ii fees have been paid. a)The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which this Agreement became effective (e.g., if this Agreement became effective in October, then the month of June is used to calculate the increase). b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in both of the referenced Indexices for any annual indexing, the Public Facilities Fee shall remain at its then \\Mor pn serv\City Share \Community Development \DEV PMTS\R P 0\2003 -04 TR 5463 Toll BrosOMDraft based on Birdsall - Husted docS \Cornmunity 0evelopment\DEV PMTS\R P D\2003 -04 TR 5463T(A BrGsOA\Dra# based on SirdsaW Husted docS.\Gommunity Development\DEV PMTS \R P 0 \2004 -05 SirdsaMDA4€i .doc Page 10 of 33 , ; , current amount until such time as the next subsequent annual indexing which results in an increase. 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 €i#teeRTwenty- Four- Thousand Three t-u, ndFed Foot„ Eight -Dollars ($24,00015,348.00) for each residential dwelling unit and Fifty Cents ($0.50) per square foot of each building used for institutional purposes within the Property. The fee shall be adjusted annually commencing January 1, 2008 by the larger increase of a) or b) as follows: one (4) Agreeme In the event there is a decrease in the SiRg #rte -few its -hen V 21.11211! -: MV, M :YJ - - -z • _- a ftmen. - e a) The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the Prior year. The calculation shall be made using the month which is four (4) months prior to the month in which this Agreement became effective (e.g., if this Agreement became effective in October, then the month of June is used to calculate the increase). b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in both of the referenced Indices for any annual indexing, the Public Facilities Fee shall remain at its then current Husted.doeS 1C mundy Devek4wne -NOEV PMTS1R P D12004 -05 SirdsaRQA\Gnat doc Page 11 of 33 0` 4. O,_ � �.,ka amount until such time as the next subsequent annual indexing which results in an increase. 6.8. Provided that prior to recordation of the first final map for Tract 543763 or March 31, 2008, 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 543763, 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. . • ■- ■. ($30,000.00) Affordable Housing -- :s• s - - Heusing Fequirement. epeFafive date ef4his 9feementby-a-Ry' - - - - s s f—,a4e--heusing 4-Ventura _:. .. s - - s :- s 6&"-, -• s s- -_ • the next subsequeRt anpual •• - Affordable Housing Fee shall be p -pOo-F-tG-the-oGe-upaf�Gy-Gf-the 4-5 Ih - -s. •s s- - s :s.- .. Me s •: s MOOR.". - - -: Developer agrees to provide a total of twelve (12) affordable housing units; eight (8) units for Tract 5463 (four (4) low and four (4) very low) and \\Mor pn sery \City Share \Community Development\DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros\DA \Draft based on Birdsall - Husted.docS. Community DevelopmentUEV PMTS\R P D\2003 -04 TR 5463 TcA Bros\DA\prait based on BKdsaN- Husted doc-SAGommunity Development\DEV PMTS\R P D\2004 -05 8irdsall\0A \final.doc Page 12 of 33 .4 11 f A four (4) units per the Development Agreement for Tract 5464 (two (2) low and two (2) very low), as further described in the subsection 6.9. To partially meet this obligation, the Developer agrees to transfer the title to the approximately 0.34 acre and approximately 0.16 acre parcels known as 396 Charles Street in partial fulfillment of the requirements for affordable housing as indicated in section 6.9 of this Agreement. City will credit Developer five (5) affordable units, three (3) low and two (2) very low units toward the total required by this Agreement and the Development Agreement for Tract 5464. Prior to the issuance of a grading permit for either Tract, Developer shall transfer the property to the City free and clear of any and all encumbrances and structures. Should grading permit for Tract 5463 precede the grading permit for Tract 5464, the credit for the five (5) affordable units shall be applied to Tract.5463 Should the grading permit for Tract 5464 precede grading permit for Tract 5463, the requirement for four (4) affordable units will be fulfilled. At the Developer's option, the credit for the remaining (fifth (5 )) affordable unit may be applied toward the fulfillment of one (1) affordable housing unit for Tract 5463. To meet its obligation for the remaining seven (7) affordable units, the Developer shall also provide ene four (4-4) four (4) bedroom and two bath single family detached unit with a minimum of 1,200 square feet to be sold to a buyers who meets the criteria for low income (80 percent or less of median income); and erne four (a-4) four (4) bedroom and two (2) bath single family detached unit with a minimum of 1,200 square feet to be sold to a-- buyers who meets the criteria for very low income (50 percent or less of median income). All single family detached units shall include a standard size two -car garage with roll -up garage door and a minimum driveway length of eighteen (18) feet measured from the back of sidewalk, meet minimum setback requirements of the City RPD zone, 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 duplex type units in Tracts 3841, 3070 -2, 3070 -3, 3070 -4, 4170, and 5133 are considered to be single family detached units for the purposes of this subsection 6.9. Subject to City's sole discretion, this obligation, in whole or part, may be met by providing attached for sale units in lieu of single family detached units at the ratio of one and one -half (1'/z) attached for sale unit for each single family detached unit. In the event such substitution results in any fraction of a unit, then the requirement shall be rounded up to the next higher whole number (e.g. the requirement of 3 single family detached units are met by 4' /z attached for sale units, then 5 attached for sale units are required). Each of the substituted units shall be at the income level of \\Mor ph serv\City Share\Community Development \DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros\DA \Draft based on Birdsall - Husted.docS. Community Devebpment\DEV PMTS \R P D\2003 -04 TR 5463 Toll Bf ©s \DA\Dfaft based on Sifdsa4l- Husted docSACommunay Developr»ent\DEV RMTS\R P D\2004 -05 B4fdsa4OA\4na1 doc Page 13 of 33 the units for which they are being substituted and shall contain at least 1,200 square feet, three bedrooms and attached or assigned parking for two parking spaces. The approval of such substituted units may require refurbishment or replacement of carpeting, flooring, cabinets, windows, appliances and other items to bring the units up to standards as determined by the Community Development Director at his or her sole discretion. Should the Developer acquire the attached units within two (2) years from the operative date of this Agreement, and offer them for sale to the City as provided for in subsection 6.9, the attached for sale units in lieu of single family detached units shall be at a ratio of one and one - quarter 0 %) attached for sale unit for each single family detached unit. •• Prior to acquiring any housing unit to meet the obligations of this subsection 6.9, Developer must first receive the written approval of City Manager or his /her authorized representative that the unit meets the requirements of this Development Agreement and any applicable Affordable Housing Agreement for Tract 543-763. Developer agrees that lack of a written response from City as specified in subsection 7.7 of this Agreement is deemed a rejection of the Developer's request. Developer may construct rather than purchase the housing units required of it pursuant to this subsection 6.9 so long as Developer meets all requirements of this Agreement and the proposed project and property on which the units are proposed to be constructed conform to the City's General Plan, Zoning Codes, and the Moorpark Municipal Code. Nothing in this Agreement requires City to consider a General Plan Land Use Amendment, Zone Change, or any other land use entitlement to allow or permit said proposed construction. Developer further agrees that it has the obligation to provide the required number of 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 6.9 is specifically exempt from the requirements of subsection 7.2 of this Agreement. Prior to recordation of the Final Map for this Project, the City Council in its sole and unfettered discretion shall approve an Affordable Housing Implementation and Resale Restriction Plan (Plan) that provides policies and guidelines to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws Wor pri serv\City SharelCommunity Development\DEV PMTS \R P 0\2003 -04 TR 5463 Toll Bros,DA\Draft based on Birdsall - Husted.doc&Community Deve4opmentQEV PMTSIR P- M2003 -04 TR 5463 To4 Bros1DAlDraft based on Birdsa4- Husted.docSACommunity DevetopmenADEV PMTSIR P M2004 -0.5 BirdsaB\DA\ ina4:doc Page 14 of 33 and remains affordable for the longest feasible time. The Plan shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity share and second trust deed provisions, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and /or assigns to this Agreement, the final number of single family detached and single family attached units that shall be provided to meet Developer's affordable housing obligation, quality of and responsibility for selection of amenities and applicability of home warranties in the event Developer constructs housing units or purchases newly constructed units from other developers /builders to meet all or a portion of its obligation and any other items determined necessary by the City. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer shall pay the City's direct costs for preparation and review of the Affordable Housing Implementation and Resale Restriction Plan and the Affordable Housing Agreement up to a maximum of Ten - Thousand Dollars ($10,000.00). The eRe four (4-4) low income units and eRe four (4-4) very low income units shall be provided by Developer and occupied by qualified buyers (or at City's sole discretion sold to City) prior to occupancy of the 25th residential unit in Tract 543775463 and the 181h residential unit in Tract No. 5464, or the 39'h unit of the combined Tracts, whichever first occurs.. All units shall meet the criteria of all applicable State laws to qualify as newly affordable to low income and very low income persons (in the quantity as specified in this Agreement) to satisfy a portion of the City's RHNA obligation and if within the Moorpark Redevelopment Agency project area to satisfy a portion of the 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 6.9 shall be made at City's sole discretion. If any conflict exists between this Agreement and any Affordable Housing Agreement required by this Agreement or the conditions of approval for Vesting Tentative Tract Map No. 54375463 and /or RPD No. 2004- 52003 -04, then the Affordable Housing Agreement shall prevail. All affordable housing units provided under this subsection 6.9 that received a final inspection prior to January 1, 2007, must conform to the Uniform Building Code in effect as of July 1, 1983. Developer shall pay at its sole cost and expense for a city selected contractor to perform a home inspection and /or occupancy inspection by the City Building Official, and Wor pri serv\City Share\Community Development\DEV PMTS \R P D\2003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted doc& Community DevelopmenAD€V PMTS \R P D\2003 -04 -TR 5463 TG4 Bros\DA\DraR based on Birdsall- Husted.docSACommunity Development\DEV PMTS\R P D\2004- 05- 8irdsa41\DA\fina1:doc Page 15 of 33 0! �4 ��Jr, Developer at its sole cost and expense shall make any needed corrections to conform to inspection reports and current building codes. At Developer's sole cost and expense, the roof shall be inspected by a city selected contractor and if necessary as determined by City at its sole discretion repaired or replaced by a city selected licensed roofing contractor and certified to have no less than a 20 -year life. Developer at its sole cost and expense shall purchase a standard home warranty policy for a three -year period commencing on the date the unit is first sold to a qualified low or very low income household and shall include but not be limited to coverage of heating and air conditioning systems, automatic garage door opener, and all built -in appliances and include a deductible /service call amount of no more than One Hundred Dollars ($100.00) per service request. For these units, City may approve a composition shingle roof in lieu of a concrete tile roof if all other provisions of this subsection 6.9 are met. In no event shall a wood shake or shingle roof be approved. For housing units constructed by Developer to meet its obligation under this subsection 6.9 or acquired by Developer that were not previously occupied (i.e. built after the Operative Date of this Agreement and either not previously occupied or occupied by a bona fide buyer for less than twelve months), Developer agrees to provide the same home warranties associated with other units in the same project as the constructed or purchased unit, or the maximum time required by State law, whichever is longer, 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 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 unit. Wor pri serv\City ShareCommunity Development \DEV PMTS\R P DQ003 -04; TR 5463 Toll Bros\DA\Draft based on Birdsail- Husted.docS. Community DeveWmentOEV PJMTSIR P D12003 -04; TR 54633 Too 8rosQA\Drait based on 8irdsall- Husted docS 1Commundy Development\DEV PMTS\R P DQ004 -05 8irdsallOA4mal.doc Page 16 of 33 0 � �.) '� ®4.� The Affordable Sales Price for the low- income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. As provided in Section 50052.5(h) of the California Health and Safety Code, a family of five is considered appropriate for a four bedroom unit, so pricing is based on a household of 5 no matter what size household actually purchases the unit. The monthly "affordable housing cost' would be 30% times 70% of $85,900, the current median income for a household of 5 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 Affordable Sales Price for a low income household would be $171,000 under current market conditions, based upon the following assumptions: \\Mor pn serv\City Share \Community Development \DEV PMTS \R P D\2003 -04 TR 5463 Toll Bras \DA\Draft based on Birdsall - Husted.docS \Community DevelopmenADEV PMTS\R P- DQ003 -04 TR 5453 TG4 BiesOADfaft based on Birdsall - Husled.docS \Community Development\DE-V PMTS\R P D\2004 -05- 8irdsa4\DA\ inal+Aoc Page 17 of 33 .- f +4 a .--,, Low Income Buyer Item Detail Amount Affordable Sales Price $171,000 Down Payment 5% of Affordable Sales Price $8,550 Loan Amount Affordable Sales Price less down payment $162,450 Interest Rate 6.25% Property Tax 1.25% of Initial Purchase Price $178/mo. HOA $100 1mo. Fire Insurance $20 /mo.. Maintenance $20 /mo. Utilities $209 /mo. The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price of $171,000, mortgage interest rate of 6.25 %, no mortgage insurance, property tax rate of 1.25 %, based on Affordable Sales Price, homeowners' association dues of $100 per month, fire insurance of $20 per month, maintenance costs of $20 per month, and utilities of $209 per month. The Affordable Sales Price for the very low- income buyers shall not exceed affordable housing cost, as defined in Section 50052.5(b)(2) of California Health and Safety Code. As provided in Section 50052.5(h) of the California Health and Safety Code, a family of five is considered appropriate for a four bedroom unit, so pricing is based on a household of 5, no matter what size household actually purchases the unit. The monthly "affordable housing cost" would be 30% times 50% of $85,900, the current median income for a household of 5 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 Affordable Sales Price for a very low income household of 5 would be $107,000 under current market conditions, based upon the following assumptions: Wor on serv\City Share\Community Development \DEV PMTS\R P D\2003 -04 TR 5463 Toll BrosOMDraft based on Birdsall - Husted docS \Community Devetwment\DEV PMTS\R P DQ003-04 TR W3 Tog BrosQA\Draft based on BKdsail- Husted docS&\Communi y Development\DEV PMTS\R P DQ004 -05 BKdsalt\DA\finat.doc Page 18 of 33 ,, s � 0. Oti. Very Low Income Buyer Item Detail Amount Affordable Sales Price $107,000 Down Payment 3% of Affordable Sales Price $5,350 Loan Amount Affordable Sales Price less down payment $101,650 Interest Rate 6.25% Property Tax 1.25% of Affordable Sales Price $111/mo. HOA $100 /mo. Fire Insurance $20 1mo. Maintenance $20 /mo. Utilities $209 /mo. The assumptions associated with the above purchase price figures for very low income households include a 5% down payment, based on Affordable Sales Price of $107,000, mortgage interest rate of 6.25 %, no mortgage insurance, property tax rate of 1.25 %, based on Affordable Sales Price, homeowners' association dues of $100 per month, fire insurance of $20 per month, maintenance costs of $20 per month, and utilities of $209 per month. Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if "affordable housing cost ", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Implementation and Resale Restriction Plan 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 Affordable Sales Price shall be based on a household size of four (4 )5 persons, and consistent with all requirements of this subsection 6.9. 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 \\Mor pri serv\City Share\Community Development \DEV PMTS \R P D\2003 -04 TR 5463 Toll Bros\DA \Draft based on Birdsall - Husted docS.\Community DevelopmentOEV PMTS \R P D\2003 -04 TR 5463 Toll Bfos\DA\Draft based on BtrdsaW Husted.docS 1Community DevelopmerMDEV PMTS\R P-D\2004 -05 64dsa4OA\fma1:doc Page 19 of 33 0V410�" discretion), City, not Developer, shall have sole responsibility for approving any subsequent sale of that housing unit. Developer shall pay closing costs for each unit, not to exceed $6,300. Beginning MaFGh July 1, 2008, and on MaFGh July 1St for each of fifteen subsequent years, the maximum $6,300 to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the month of 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. 6.10. 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. 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 Seven E ight-H und red Nne Dollars ($1, 800793.00) per residential unit to be paid prior to the issuance of each building permit for the first residential unit in Tract 54375463. Commencing on January 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 /Riverside /Orange County metropolitan area during the prior \\Mor on sery \City Share \Community Development \DEV PMTS \R P D\2003 -04 TR 5463 Toll BrosOMDraft based on Birdsall - Husted doc \Community DeveWmenADEV PMTS \R P D\2003 -04; TR 5463 Too BrosOMDraft based on Birdsall - HusteddoeS \Community Development\DEV PMTS\R P D\2004 -05 Birdsall \DA\bnal.doc 06' Page 20 of 33 "011 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 &rester of-Community Development Director consistent with the then applicable Ventura County Air Quality Management District URBEMIS Model prior to the first occupancy approval for each institutional use. 6.11. 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. 6.12. 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 54375463 and RPD- 2804 -0- 52003 -04. 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 \\Mor pri serv\City Share\Community Development\DEV PMTS \R P D\2003 -04 TR 5463 Toll Bros \DA\Draft based on Birdsall - Husted.docSACommunity Devetop"oADEV PMTS\R P D\2003 -04 TR 5463 ToN Bro6ADAOraft based on Birdsal - Husted doeS 1Commumy Development\DEV PMTS\R P 012004 -05 8rrdsa41\DA\fiina1.doc Page 21 of 33 exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.14. 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. 6.15. The street improvements for all streets scheduled for dedication to the City shall be designed and constructed by Developer to provide for a 50- year life as determined by the City Engineer. 6.16. 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, 6.5, 6.6 and 6.9 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. 6.17. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved MND and MMRP. 6.18. 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 (15 %) 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. \\Mor pri serv\City Share \Community Development\DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted docS Community Development\DEV PMTS \R P D\2003 -04 TR -5463 Toll I3ro QA\Draft based on 8irdsall- Husted docS \Community Development \DEV PMTS\R P D\2004 -05 8irdsa4 \DA\(snal.doc Page 22 of 33 6.19. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 6.20. 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. 6.21. In the event any of the "referenced Index" or "CPI" referred to in any portion of Section 6 above, are discontinued or revised, such successor index with which the "CPI" and or "referenced Index" are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the "CPI" and "referenced Index" had not been discontinued or revised. 6.22. The Developer is obligated to improve both sides of Walnut Canyon Road to its ultimate right -of -way: on the east side from the northern City limits to a point south of Tract No. 5437 (Canyon Crest Ranch Partners - Moorpark) to the point where Tract No. 5045 (Pardee Homes) improvements end; and on the west side from the northern City limits to Championship Drive. The required improvements shall include undergroundinq of all utilities including all electrical lines of 65 kv or less on both sides of the road. The developer shall pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering_ planning; and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (15 %) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. Such improvement shall be completed within ninety (90) days of obtaining the real property needed for said improvement or receipt of all permits required for the improvement. Such improvements must start prior to issuance of a building permit for the first dwelling unit, and be completed within twelve (12) months to the satisfaction of the City Engineer and Caltrans 6.21 Pursuant to approved MND and MMRP. prior to recordation of the first Final Tract Map for the Property, initiation of rough grading or issuance of any subsequent permits, the applicant, shall purchase and dedicate seventy -two (72) acres of open space in lieu of providing on -site open space dedication pursuant to Section 17.38.080 of the Hillside Management Ordinance. Prior to purchase and dedication, the City Council shall approve the location of the proposed open space land. 6.24. Prior to occupancy of the 51t" unit of the Project, or June 30, 2016, whichever occurs first, the Developer shall provide a minimum two (2) Wor pri serv\City Share \Community Development \DEV PMTS \R P 012003 -04 TR 5463 Toll Bros \DA\Draft based on Birdsall - Husted.docS \Comrnunity Development \DEV PMTS\R P D\2003 -04 TR 5463 Toll Byes \DA\Draft based on Bqdsall- Husted docSACommunity Development\DEV PMTS\R P 0\2004 -05 Birdsalt\DAVinat.doc Page 23 of 33 R�I_� O . 0 r- A-0 inch rubberized asphalt overlay of Championship Drive from Grimes Canyon Road to Walnut Canyon Road pursuant to plans and specifications approved by the City Engineer at his /her sole discretion. Said specifications may include, but are not limited to, deflective testing, removal and replacement /repair of sub -base, base and existing asphalt, adjustment of utility covers and manholes, replacement of pavement markings, and City's cost of inspection and administration of said work. At City Council sole discretion, a cash payment in an amount equivalent to the work described above, plus fifteen percent (15 %). may be accepted in lieu of this obligation. This obligation may be satisfied by Tract No. 5464 prior to occupancy of the 36S unit in that tract, whichever occurs first. 6.25. Developer shall provide an easement to the City for a City Welcome Sign on the Project site at a location satisfactory to the Community Development Director. The easement shall provide for the location and maintenance of the sign. Developer agrees to pay $25,000 to the City for the construction and erection of the sign. The funds may be expended by City in its sole and unfettered discretion. The fee shall be paid prior to occupancy of the first residential unit. Developer agrees that design of the sign, including the lighting, shall be at the City's sole discretion. 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 \\Mor on serv\City Share\Community Develonment\DEV PMTS \R P D\2003 -04 TR 5463 Toll Bros\DA \Draft based on Birdsall - Husted.docS:\Gommunity Development\DE- V-PMTS\R R DQ003 -04: TR 54637o4 43ros\DAQraft based on Birdsall - Husted.docS: \Community Development\DEV PMTS\R P D0004 -05 Birdsa4QAWinaWoc Page 24 of 33 0(1r-tU�f approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of approval for Tract 54375463 and RPD 2994 -05- 2043 -04 and contingent on City Engineer and Directef -©f Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading 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 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 6.18 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. 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 \\Mor pri serv\City Share \Community Development \DEV PMTS \R P D0003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted docS Community Development\DEV PMTSIR P 0\2003 -04 TR 5463 Toll BrosoA \Draft based on 8Kds.0- Husted doeS:\Communfty Development\DEV PMTS\R P 0\2004 -05 &rdsafl\DAlilnatdoc Page 25 of 33 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 6.9 of this Agreement and the Purchase and Sale Agreement. City agrees that upon receipt of Developer's written request to acquire a housing unit to meet its obligation under subsection 6.9 of this Agreement, the City Manager, or his /her authorized representative, shall respond within thirty (30) calendar days accepting or rejecting the housing unit. Failure to respond within the specified time shall be deemed as rejection of said unit. City further agrees Developer may construct rather than purchase the housing units required by subsection 6.9 of the Agreement so long as Developer meets all requirements of this Agreement and the proposed project. The property on which the units are proposed to be constructed must be consistent with the City's General Plan, Zoning Codes, and the Moorpark Municipal Code. 7.8. 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. 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 Husted docS lCommumty DevekH"entlDEV PMTSIR P M2004 --05 &Fdsa%0A*na1 doc Page 26 of 33 0 41(-10: 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: (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 \\Mor pri serv\City Share \Community Development\DEV PMTS\R P D\2003 -04 TR 5463 Toll BrosOMDraft based on Birdsall - Husted.docS \Commundy DevelopmentOEV PMTS\R P D12003 -04 TR 5463 TG4 Bros1DA\Draft based on Rfrdsa44- Husted docS CCommumty Deve4opmen} \DEV PMTS\R P 0\2004 -05 &Fdsa4OAWinaf.doc Page 27 of 33 0 f , <<a44-0:' deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the 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, 6.12, 6.13, 6.14, 6.16, 6.17, and 6.18 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 against 11Mor pri serv\City Share\Commundy Development\DEV PMTSIR P D0003 -04 TR 5463 Toll BrosOA\Draft based on Birdsall - Husted.doc& Community DevelowwADEV PMTSIR P D12003 -04- TR 5463 Too BrosQAQfait based on 8irdsaU- Husted.docS:lCommunity DevelopmentOEV PMTSIR P 012004 -05 Bi(dsa4\DA\bna1.doc Page 28 of 33 e , ► l f) 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 Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1. Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 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 11Mor pri servlCity SharelCommunity DevelopmentOEV PMTSIR P D12003 -04 TR 5463 Toll BroslDA\Qraft based on Birdsall - Husted doc&\Commundy DevelopmentOEV PMTSIR P DQ003 -04 TR 5.463 Toll BrOSZ60ratt based on BirdsaN- Husted.doeS.lCommuMy DevelopmenODEV PMTSIR P 012004 -05 Birdsa4GA4inat.doc Page 29 of 33 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 required by subsection 6.9, 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. I lie - • a - - -- - - s - - �- - - - - s s s • s -- - • - - - - - "MUTF-T-OATIMET-ST-M M - 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Wor pri serv\City Share\Community Development\DEV PMTS\R P D\2003 -04 TR 5463 Toll BrosEWDraft based on Birdsall - Husted.doc& Community DeveloomentOEV PMTS'R P D12003 -04- TR- 5463 -TG4 Bros�DAOraft based on &rdsaU- Husted.doCSlCommunrty Development\DEV PMTSIR P DQ004 -05 Bodsa40AUalAm Page 30 of 33 0 s 1 4 by ;� Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the \\Mor pn serv\City Share \Community DeveloPment\DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros \DA\Draft based on Birdsall - Husted docS (Community OevelopmentOEV PMTS\R P Dk2003 -04 TR 5463 Too Bros\DA1Ora€f based on BvrdsaN- Husted docS.\Community DevelopmentQEV PMTS \R P D\2004 -05 BirdsaMDAVinal doc Page 31 of 33 04 , ( 10 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 be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. 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 Canyon Gres t Fla s1+- PaFtners - Moo r^ A CalifOFnia limited liability Gy Toll Land XX Limited Partnership \\Mor pri serv\City Share\Community Development\DEV PMTS\R P D\2003 -04 TR 5463 Toll Bros \DA \Draft based on Birdsall - Husted.docS.Community DevebpmentOEV PMTSIR P DQ003 -04- TR 5463 To48rosQA\Qfaft based on 8irdsaW Husted docS Commun#y Development \DEV PMTS\R P D\2004 -05 8wdsa40AVma1.doc Page 32 of 33 ALL SIGNATURES MUST BE NOTARIZED Wor pri serv\City Share\Community Development \DEV PMTS\R P D12003 -04 TR 5463 Toll Bros \DA\Draft based on Birdsall - Husted.docS:lCornmuaity Developme OEV PMTS\P P D12003 -04: TR 5463 -TG4 Bros0A\Dfaft based on Birdsa4- Husted docS:\Commu"y Devebpment\D € -V PMTS\R P 012004 -05 EWdsalt\DAWinat.doc Page 33 of 33 s c- EXHIBIT A LEGAL DESCRIPTION \\Mor pn serv\City Share \Community Development \DEV PMTS \R P D\2003 -04; TR 5463 Toll Bros \DA\Draft based on Birdsall - Husted.docS;\Community DevelopmenADEV PMTS\R P M2003 -04: TR 5463 Toll BrosQAlDraft based on EWdsail- Husted.docS lCommun4ty Development\DEV PMTS\R P D\2004 -05 &rdsall\DA%naWec Page 34 of 33 CIO EXHIBIT "B" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Toll Land XX Limited Partnership • as - . Wor pn sery \City Share\Commundv DevelopmentOEV PMTS\R P D12003 -04; TR 5463 Toll Bros\DA\Draft based on Birdsall - Husted docS Community Develowne OEV PMT-SIR P 0S 2003 -84: TR 5463 T @restDR>Bra# based on &Fdsa4- Husted.doeS:lComrmunity DeveloprnentOEV PMTSIR P 1-)12004- O&Ekdsa4\ DAWflal:dos Page 35 of 33 0(w.O - ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire t Prepared by: Joseph Fiss, Principal Planner `\ DATE: June 9, 2006 (PC Meeting of 06/27/06) SUBJECT: Consider Development Agreement No. 2004 -02 with Toll Land XX Limited Partnership in Connection with 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 BACKGROUND /DISCUSSION Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On June 7, 2006, the City Council considered the recommendation of its Ad Hoc Committee (Councilmembers Parvin and Millhouse) regarding Development Agreement Number 2004 -02 for Toll Land XX Limited Partnership.for the residential development of a 28.69 acre project site north of Championship Drive and west of Walnut Canyon Road. The Council, upon recommendation of the Ad Hoc Committee, directed staff to advertise a public hearing on the Development Agreement before the Planning Commission on June 27, 2006, and the City Council on July 19, 2006. As with all of the City's development agreements, a standard format has been utilized, making slight adjustments to suit the particular project. Development Agreement No. 2004 -02 is patterned after the Development Agreement that was approved for the Birdsall development project. The substance of the developer's obligations is contained in Section 6 and the substance of the City's obligations is in Section 7. This Development Agreement is fairly consistent with the Birdsall Development Agreement, and the terms will ensure that the project will be developed consistent with the goals of the general plan. Items unique to this project Wor_pn_sery \City Share \Community Development\DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \PC_DA_Agenda_Rprt_060627.doc 0 o z c Honorable Planning Commission June 27, 2006 Page 2 include the purchase and dedication of thirty -five (35) acres of open space in lieu of providing on -site open space dedication pursuant to Section 17.38.080 of the Hillside Management Ordinance, the provision of a minimum two (2) inch rubberized asphalt overlay of Championship Drive from Grimes Canyon Road to Walnut Canyon Road, and the provision of an easement to the City for a City Welcome Sign on the Project site at a location satisfactory to the Community Development Director, including payment of $25,000 to the City for the construction and erection of the sign. This project also requires Changes in the General Plan Designation from 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. These entitlement applications were reviewed by the Planning Commission on March 22, 2005, April 26, 2005, and June 28, 2005. The Planning Commission recommended approval with conditions and modifications to the project. The applicant has incorporated these recommended modifications into the proposed design. The Planning Commission recommendation on these entitlements will be considered by the City Council at the July 19, 2006 meeting with Development Agreement No. 2004 -02. PROCESSING TIME LIMITS As legislative action of the City Council is required to approve a development agreement, this application is exempt from the time limits 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). 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. ovs �� Honorable Planning Commission June 27, 2006 Page 3 Based upon the results of an Initial Study, the Director may determine that a projectwill 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 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 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. 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 applicable to the Development Agreement as well. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC -2006- recommending to the City Council approval of Development Agreement No. 2004 -02. ATTACHMENTS- 1 . Location Map 2. Resolution No. PC -2006- with Draft Development Agreement r r r' ra C t �:•r in7es Tract i' 544 fi.ri ad �heuripionship Drive ` COurt trl` Club Estates (Tzact 4928, RPD 94 -r�� ` Walnut Canyon i Road 1 -FT-F-T- LOCATION MAP NORTH PC ATTACHMENT 1 RESOLUTION NO. PC -2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2004 -02 BETWEEN THE CITY OF MOORPARK AND TOLL LAND XX LIMITED PARTNERSHIP FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1994 -01; MODIFICATION NO. 6, GENERAL PLAN AMENDMENT 2003 -04, ZONE CHANGE 2003 -03, AND 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 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 Residential Planned Development Permit No. 1994 -01; Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 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 and Residential Planned Development requests and recommended to the City Council approval of said requests; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that the Mitigated Negative Declaration prepared for thirty -six (36) single - family residential homes on 28.69 acres north of Championship Drive and west of Walnut Canyon Road 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 June 27, 2006, to consider the Development Agreement and to accept public testimony related thereto; and PC ATTACHMENT 2 0 �i., Resolution No. PC -2006- 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. RECOMMENDATION: The Planning Commission recommends that the City Council approve Development Agreement No. 2004 -02 in the form and content presented to the Planning Commission on June 27, 2006. SECTION 2. 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 3. 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 27th day of June, 2006. AYES: NOES: ABSTAINED: ABSENT: Kipp A. Landis, Chair ATTEST: Barry K. Hogan, Community Development Director Exhibit : Draft Development Agreement No. 2004 -02 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 GANYON -GRE - E (BIRDSAi i TOLL LAND XX LIMITED PARTNERSHIP THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 0l_1"Ou" DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into on , by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and OaRyeR west Toll Land XX Limited Partnership, the owner of real property within the City of Moorpark generally referred to as Vesting Tentative Tract Map 543764 (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: 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. 20043 -034_ ( "GPA 20043 - 034_'), for approximately 42:428.69 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. 20043 -023 ( "ZC 20043 - 023 "). 1.3. GPA 20043 -034_, ZC 20043 -023, Vesting Tentative Tract Map 543764 (Tract 543-764) and Residential Planned Development Permit No. 2001994 -051 Modification No. 6 (RPD 2801994 -051 Mod. No. 6) (collectively "the Project Approvals "; 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. Wor on servlGty SharelCommunity DevelopmentlDEV PMTSIR P D11994 -01 TolhMod 6 to RPD 94 -01 TR 54640ACraft based on Birdsall docS 1Commundy Devebpment0EV PMTSIR P DW4Dd 6 to RPD 9401 TR 54640A1Drafl based on Birdsall docSACommunity DevelopmentlDEV PMTS\R P D 12004 -05 8ird6a81DAVmal doc Page 2 of 34 � ° '' s 0 0 r 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 20043 -084. 1.7. On April 25, 2006 ' 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 May 17; 2006 , the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on 3Wne -� -2006 , approved the Agreement by Ordinance No. 836 ( "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 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 except any lot within the Project that has been fully developed in accordance with the Project Approvals and this Agreement 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 Wor on serv\Cdv Share\Community Development \DEV PMTS\R P D\1994 -01 ToIRMod 6 to RPD 94 -01 TR 5464\DA\Draft based on Birdsall.doc&\CommunAy DevetoomentQEV PMTS\R P- G\Mod6ta•RPD 94-0 -1. -TR 54640ACra€t based on &rdsa4.doeSACornmun4ty Devek>pment\DEV PMTS AR P D\2004 -05 S4dsa8\1DA\ inat.doc Page 3 of 34 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. 3.3. In the event of a partial assignment or transfer, the assumption .agreement referenced in subsection 3.2 shall include provisions acceptable to the City to ensure that the phased construction of affordable housing units contemplated by Section 6.9 is achieved, regardless of the identity or number of developers of the Project. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 41. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to 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 purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. \\Mor pri serv\City Share\Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall docS \Community Devebome ZEV P -MTS\R P D1AAod 61oRPD 9"1 TR 54640A\Draft based on &rdsafl docS lCommunAy Development\DEV PMTS\R P D0004 -05 8irdsa4QA\fina1.doc Page 4 of 34 W 10 0 r-" 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties intent, as set forth in this subsection, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit 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 Proiect 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 B4rdsa4J.docS 1Community Deve opment\DEV PMTSIR R x12004 -05 Birdsa J\C)A4# qa{ doc Page 5 of 34 0!'. i j: J approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a 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 \\Mor on serv\City Share \Community Deveftment\DEV PMTS\R P D \1994 -01 ToIhMod 6 to RPD 94 -01 TR 54640A \Draft based on Birdsall docS \Community DeveloonwADEV PMTSIR -P G\Mod610- RPD4W01 -TR 5464\DA\Dralt based on Birdsall docS:\Commumty Development\DEV PMTSIR P D\2004 -05 &fdsall\DA\hnal.doc Page 6 of 34 W1. Or__" " 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. 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 Depa ent ef- Community Development Department 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 and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from Developer.if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any 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 \\Mor on serv\City Share\Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01; TR 5464 \DA \Draft based on Birdsall.doc&Wl' mumty Development\DEV RMTSIR P DWod 6 to RFD 94 -01 -TR 5464\DA\Draft based on Birdsall docS \Community Development \DEV PNFTSIR P DQG04 -05 Bwdsa4\DA\ inal.doc Page 7 of 34 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 Nine - Thousand TwoFive- Hundred I iriety-Bne - Dollars ($9,5002 - 9.00) per residential unit and Forty- _4nTwoe- Thousand €kgbtSeven- Hundred Twee- Fi_y_Dollars ($42,7501812.00) per gross acre of institutional land on which the use is located. The fee shall be adjusted annually commencing on July 1, 2008ene (1) yeas a, of -ter the operative d , +o -of-this r Agreement- by-aay l fees aye beeR paid- the — larger increase of a) or b) as follows:. a) The Consumer Price Index (CPI) increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the month_ Which is #+3u1 44)- nt +s - prior - tk�e tl in w -hiekaAh4s Ag{ee+nent became- e#ee-t+ve- {e- g- -+f- this- AgFeemeRt became­--&ffe4c-t4e-4r4 0,Gto ber than tho used 6-ealGUlate the tnC of October over the prior October. \\Mor pri serv\City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA\Draft based on Birdsall.docS \Community DevebPmentOEV PUTS\R P D\AAod -6 to RPD -94-01 TR 54641DA\Draft based on BirdsaA docS \Community Development\DEV PMTS\R P D \2004 -05 &rdsa9\DAWwal.doc Page 8 of 34 (CAI -'0c" b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in both of the referenced index Indices 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 Six - Thousand F4veSix- Hundred Thi#y -Oee --Dollars ($6,600534.00) per residential unit, and Twenty- Nine - Thousand, ThreeSeven- Hundred Ninety C)Re -- Dollars ($29,7003 - 91.00) per acre of institutional land on which the institutional use is located. Commencing on January 1, 2008, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5. As a condition of issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a community services fee as described herein (Community 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, T44eeFour- Hundred Fljfi y - e Dollars ($2,40034-9.00) per residential unit, and SevenTen- Thousand F- ewEight- Hundred Thirty Six Dollars ($10,8007-,436.00) per gross acre of institutional land on which the institutional use is located. The fee shall be adiusted annually Ecommencing on January 1, 2008- ,- aer4aRf4ua4y thereafter, the -C Se Wives Fee shall be adjusted by the larger increase of a) or b) as follows:aa>¢ pc4ease-- 44he Coos44 ref- ZW44ex (�P ur}t+t alfamity ieeT ees,h—ave beeR -pa+d. a The Consumer Price Index (CPI) increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the \\Mor pri serv\City Share\Community Development\DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsalfjoc :\Cornmumly Devek)omenADEV PMTS\R P -DUWod 6 to RFD 94-01 TR 54640A\Draft based on Birdsall docS \Commun+ly DevelopmentOEV PMTS\R P D\2004 -05 Birdsa4oAVinal.doc Page 9 of 34 ()f'i �0C prior year. The calculation shall be made using the month of October over the prior October.Aegust over the +o�ment of August b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in the GPI both of the referenced Indices 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. As a condition of the issuance of a building grading permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a Public Facilities fee as described herein (the "Public Facilities Fee "). The Public Facilities Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Public Facilities Fee shall be TenTwelve- Thousand Dollars ($120,000.00) per residential unit and Fifty -Four- Thousand Dollars ($54,000) per gross acre of institutional land on which the institutional land is located, and shall be fully paid for the entire project or institutional use prior to the issuance of the grading permit. The fee shall be adjusted annually commencing January 1, 2008 by the larger increase of a) or b) as follows:eae (1 ` year afteF the eperaf+ve4ate- ef4h4s A n ree m e n h�i 4n�-'— -, erc: use -mgt - R eF � }�iitFl -iii fees have boon paid a) The Consumer Price Index (CPIJ increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the month-which is four 4e- the -rn n.th in which - t4is- Agfeeme4►t besa n e- efest+ve 'e.g., , 4. Agreement { , R Gteb& ttCt-+T- 1 11-1 1t ' Of jURe is use -- ate_-tFtC . Grea y. of October over the prior October. b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in both of the referenced Indexices for any annual indexing, the Public Facilities Fee shall remain at its then wor pn serv\City Share\Qommunity DevelopmentlDEV PMTSO P D11994 -01 Toll\Mod 6 to RPD 94 -01 TR 54641DA1Draft based on Birdsall docS \Community Deve1wment\DE-V-PMTS \R P D1Mod 6 to RPD 94-01. TR 54641DA1Draft based on Birdsall.doeSAGornmunity DevelopmentlDEV PMTSaR P 09004-06 BwdsaMDAUal.doe Page 10 of 34 0044 current amount until such time as the next subsequent annual indexing which results in an increase. 6.7. Prior to the issuance of the building permit for each of the first twenty - nine 29 residential dwelling units 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 €+fteeeTwenty- Four - Thousand Gam- Dollars ($24,00045348.00) for each residential dwelling unit and Fifty Cents ($0.50) per square foot of each building used for institutional purposes within the Property. The fee shall be adjusted annually commencing January 1. 2008 by the larger increase of a) or b) as follows+: mvr ca v7°G- 1rr'�rthe 1^1e d o arr VeRtYFa- Geu-Rty -as most FeGeRtly published by Data (Housing try). a) The Consumer Price Index (CPI) increase shall be determined b using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October. b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year. In the event there is a decrease in the- H- eusiRgboth of the referenced Indexices 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. Z 'Z MIMMUNIUM 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 seq. for the Property. 6.8. Provided that prior to recordation of the first final map for Tract 543764 or March 31, 2008, whichever is later, Ventura County Waterworks District \\Mor pri serv\City Share\Commurnty Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA\Draft based on Birdsall.doc&\Gommumty DevelopmentlD€V- RMTS\R P MMod & to RPD 94-01; TR 5464\DA\Draft based on &rdsall.docS. Community Development\DEV PMTS\R P D\2004-06,8Kdsa4\DA\€ina1.doc Page 11 of 34 0 0"0 C .' No. 1 or any successor entity confirms that it has sufficient recycled water to serve the public and community owned landscaped areas within Tract 543-764, 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. 6.9. Developer shall pay a Thirty Thousand Dollar ($30,000.00) Affordable The Fee shall be adjUs-ted aRRually GE)rnmenGing one (1) year afteF the L . s - - - •s `•a s s - Affordable HeUGiRg Fee shall be paid prier to the eGGUpaRGY of. the-lt-5111 Mimi s MINE - '! Developer agrees to provide a total of twelve (12) affordable housing units; four (4) units for Tract 5464 (two (2) low and two (2) very low) and eight (8) units per the Development Agreement for Tract 5463 (four (4) low and four (4) very low) as further described in the subsection 6.9. To partially meet this obligation. the Developer agrees to transfer the title to the approximately 0.34 acre and approximately 0.16 acre parcels known as 396 Charles Street in partial fulfillment of the requirements for \\Mor pri serv\City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall docSAC rnunity Developmer4OEV PMTS\R -P DMod4 to RPD 94-01 TR 5464\DA\Dratt based on Budsall doeS:\CommunRy Development\DEV PMTS\R P D\2004 -05 Birdsatl\DA\ifnat.doc Page 12 of 34 Q�� r- affordable housinq as indicated in section 6.9 of this Agreement. City will credit Developer five (5) affordable units three (3) low and two (2) very low units toward the total required by this Agreement and the Development Agreement for Tract 5463. Prior to the issuance of a grading permit for either Tract, Developer shall transfer the property to the City free and clear of any and all encumbrances and structures. Should grading permit for Tract 5463 precede the grading permit for Tract 5464, the credit for the five (5) affordable units shall be applied to Tract.5463 Should the grading permit for Tract 5464 precede grading permit for Tract 5463, the requirement for four (4) affordable units will be fulfilled. At the Developer's option, the credit for the remaining (fifth (5'11)) affordable unit may be applied toward the fulfillment of one (1) affordable housing unit for Tract 5463. To meet its obligation for the remaining seven (7) affordable units, the Developer shall afse provide one three (43) four (4) bedroom and two bath single family detached unit with a minimum of 1,200 square feet to be sold to a- buyers who meets the criteria for low income (80 percent or less of median income); and one four (44) four (4) bedroom and two (2) bath single family detached unit with a minimum of 1,200 square feet to be sold to a- buyers who meets the criteria for very low income (50 percent or less of median income). All single family detached units shall include a standard size two -car garage with roll -up garage door and a minimum driveway length of eighteen (18) feet measured from the back of sidewalk, meet minimum setback requirements of the City RPD zone, 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 duplex type units in Tracts 3841, 3070 -2, 3070 -3, 3070 -4, 4170, and 5133 are considered to be single family detached units for the purposes of this subsection 6.9. Subject to City's sole discretion, this obligation, in whole or part, may be met by providing attached for sale units in lieu of single family detached units at the ratio of one and one -half (1'/2) attached for sale unit for each single family detached unit. In the event such substitution results in any fraction of a unit, then the requirement shall be rounded up to the next higher whole number (e.g. the requirement of 3 single family detached units are met by 4'/s attached for sale units, then 5 attached for sale units are required). Each of the substituted units shall be at the income level of the units for which they are being substituted and shall contain at least 1.200 square feet, three bedrooms and attached or assigned parking for two parking spaces. The approval of such substituted units may require refurbishment or replacement of carpeting flooring. cabinets, windows, appliances and other items to bring the units up to standards as determined by the Community Development Director at his or her sole Wor pri serv\City Share\Community Development\DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall.docS \community Development \DEV PMTS\R P D\Mod 6 to-RPD 94-01. TR 5464 \DA \Draft based on B+rdsall docSAGommundy Development\DEV PMTS\R P D\2004 -05 BKdsaIRDA4inal -doe Page 13 of 34 discretion. Should the Developer acquire the attached units within two (2) years from the operative date of this Agreement, and offer them for sale to the City as provided for in subsection 6.9, the attached for sale units in lieu of single family detached units shall be at a ratio of one and one- quarter (1 '/4) attached for sale unit for each single family detached unit. T-he at sad-1 e Romer of bedree S and bathFeOrAs and GORtain all of the same amenities for a single family Prior to acquiring any housing unit to meet the obligations of this subsection 6.9, Developer must first receive the written approval of City Manager or his /her authorized representative that the unit meets the requirements of this Development Agreement and any applicable Affordable Housing Agreement for Tract 543764. Developer agrees that lack of a written response from City as specified in subsection 7.7 of this Agreement is deemed a rejection of the Developer's request. Developer may construct rather than purchase the housing units required of it pursuant to this subsection 6.9 so long as Developer meets all requirements of this Agreement and the proposed project and property on which the units are proposed to be constructed conform to the City's General Plan, Zoning Codes, and the Moorpark Municipal Code. Nothing in this Agreement requires City to consider a General Plan Land Use Amendment, Zone Change, or any other land use entitlement to allow or permit said proposed construction. Developer further agrees that it has the obligation to provide the required number of 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 6.9 is specifically exempt from the requirements of subsection 7.2 of this Agreement. Prior to recordation of the Final Map for this Project, the City Council in its sole and unfettered discretion shall approve an Affordable Housing Implementation and Resale Restriction Plan (Plan) that provides policies and guidelines to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. The Plan shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity share and second trust deed provisions, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and /or assigns to this Birdsall.docS \Community DevelopmenADEV PMTS\R P D\2004 -05 8ifdsa4ADA\finaf.doc Page 14 of 34 004400 Agreement, the final number of single family detached and single family attached units that shall be provided to meet Developer's affordable housing obligation, quality of and responsibility for selection of amenities and applicability of home warranties in the event Developer constructs housing units or purchases newly constructed units from other developers /builders to meet all or a portion of its obligation and any other items determined necessary by the City. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer shall pay the City's direct costs for preparation and review of the Affordable Housing Implementation and Resale Restriction Plan and the Affordable Housing Agreement up to a maximum of Ten - Thousand Dollars ($10,000.00). The eae three (43) low income units and Gne -four (a-4) very low income units shall be provided by Developer and occupied by qualified buyers (or at City's sole discretion sold to City) prior to occupancy of the 4518t" residential unit in Tract 54375464 and the 25t" residential unit in Tract No. 5463, or the 39t" unit of the combined Tracts whichever first occurs. All units shall meet the criteria of all applicable State laws to qualify as newly affordable to low income and very low income persons (in the quantity as specified in this Agreement) to satisfy a portion of the City's RHNA obligation and if within the Moorpark Redevelopment Agency project area to satisfy a portion of the 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 6.9 shall be made at City's sole discretion. If any conflict exists between this Agreement and any Affordable Housing Agreement required by this Agreement or the conditions of approval for Vesting Tentative Tract Map No. 54375464 and /or RPD No. 2891994 -51 Mod. No. 6, then the Affordable Housing Agreement shall prevail. All affordable housing units provided under this subsection 6.9 that received a final inspection prior to January 1, 2007, must conform to the Uniform Building Code in effect as of July 1, 1983. Developer shall pay at its sole cost and expense for a city selected contractor to perform a home inspection and /or occupancy inspection by the City Building Official, and Developer at its sole cost and expense shall make any needed corrections to conform to inspection reports and current building codes. At Developer's sole cost and expense, the roof shall be inspected by a city selected contractor and if necessary as determined by City at its sole discretion repaired or replaced by a city selected licensed roofing contractor and certified to have no less than a 20 -year life. Developer at P DQW4 -05 BwdsaMDA\fma� doc Page 15 of 34 its sole cost and expense shall purchase a standard home warranty policy for a three -year period commencing on the date the unit is first sold to a qualified low or very low income household and shall include but not be limited to coverage of heating and air conditioning systems, automatic garage door opener, and all built -in appliances and include a deductible /service call amount of no more than One Hundred Dollars ($100.00) per service request. For these units, City may approve a composition shingle roof in lieu of a concrete the roof if all other provisions of this subsection 6.9 are met. In no event shall a wood shake or shingle roof be approved. For housing units constructed by Developer to meet its obligation under this subsection 6.9 or acquired by Developer that were not previously occupied (i.e. built after the Operative Date of this Agreement and either not previously occupied or occupied by a bona fide buyer for less than twelve months), Developer agrees to provide the same home warranties associated with other units in the same project as the constructed or purchased unit, or the maximum time required by State law, whichever is longer, 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 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 unit. The Affordable Sales Price for the low- income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. As provided in Section 50052.5(h) of the California Health and Safety Code, a family of five is considered appropriate for a four bedroom unit, so pricing is based on a household of 5 no matter what size household actually purchases the unit. The monthly "affordable housing cost" would be 30% times 70% of $85,900, the current median income for a household of 5 in Ventura County, divided by 12. This monthly amount includes the components identified in \Wlor pn serv\City Share\Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464\DA \Draft based on Birdsall doc&Cl muNty DevelopmeRriDEV PMTS\R -P D\Mod 6 to RPD 94-91 TR 54640A\Draft based on B&rdsall dosS:lCommunity DevelopmentOEV PMTS\R P D\2004 -05 Bifdsall\DA \GPal.doc Page 16 of 34 oe, . ;01.'I Section 6920 of Title 25 of the California Code of Regulations shown below. (See Section 50052.5(c) of the Health and Safety Code.) The Affordable Sales Price for a low income household would be $171,000 under current market conditions, based upon the following assumptions: \\Mor pri serv\City Share\Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01, TR 5464 \DA\Draft based on Birdsall.docS. Commua4ty Development \D €V ?MTS1R P 0 WodF to RPD 94-01 TR 54640ACratt based on B+rdsall doGS Commun#y DevelopmenADEV PMTSIR-P WW4 -05 BirdsaIADA40al.doc Page 17 of 34 ��, :, .01-7 Low Income Buyer Item Detail Amount Affordable Sales Price $171,000 Down Payment 5% of Affordable Sales Price $8,550 Loan Amount Affordable Sales Price less down payment $162,450 Interest Rate 6.25% Property Tax 1.25% of Initial Purchase Price $178/mo. HOA $100 /mo. Fire Insurance $20 /mo. Maintenance $20 /mo. Utilities $209 /mo. The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price of $171,000, mortgage interest rate of 6.25 %, no mortgage insurance, property tax rate of 1.25 %, based on Affordable Sales Price, homeowners' association dues of $100 per month, fire insurance of $20 per month, maintenance costs of $20 per month, and utilities of $209 per month. The Affordable Sales Price for the very low- income buyers shall not exceed affordable housing cost, as defined in Section 50052.5(b)(2) of California Health and Safety Code. As provided in Section 50052.5(h) of the California Health and Safety Code, a family of five is considered appropriate for a four bedroom unit, so pricing is based on a household of 5, no matter what size household actually purchases the unit. The monthly "affordable housing cost" would be 30% times 50% of $85,900, the current median income for a household of 5 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 Affordable Sales Price for a very low income household of 5 would be $107,000 under current market conditions, based upon the following assumptions: WNor pri seMCity Share\Community Development\DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 54640A\Draft based on Birdsall docS \GOMMU dv Development\D €V PMTS\R P DWod 6 to RPD 94-01 TR 5464 \DA \Dra €t based on &rdsalt.docS:\Gommumty Devetopment\D €V PMT&R P- D\2004 -05 8irdsa4\DA4inat.doc Page 18 of 34 Very Low Income Buyer Item Detail Amount Affordable Sales Price $107,000 Down Payment 3% of Affordable Sales Price $5,350 Loan Amount Affordable Sales Price less down payment $101,650 Interest Rate 6.25% Property Tax 1.25% of Affordable Sales Price $111/mo. HOA $100 /mo. Fire Insurance $20 /m o. Maintenance $20 /mo. Utilities $209 /mo. The assumptions associated with the above purchase price figures for very low income households include a 5% down payment, based on Affordable Sales Price of $107,000, mortgage interest rate of 6.25 %, no mortgage insurance, property tax rate of 1.25 %, based on Affordable Sales Price, homeowners' association dues of $100 per month, fire insurance of $20 per month, maintenance costs of $20 per month, and utilities of $209 per month. Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if "affordable housing cost ", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Implementation and Resale Restriction Plan 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 Affordable Sales Price shall be based on a household size of four 54) persons, and consistent with all requirements of this subsection 6.9. 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 Wor pn sery \City Share \Community Development\DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01: TR 5464\DA \Draft based on Birdsall .docS 1CommundY DevelopmenADEV PMTS\R P QWod 6 to RPD 94-01 TR 54641)A\Draft based on BKdsall.docS:\Community Development\DEV PMTS\R P 012004 -05 84rdsaMDA4inal.doc Page 19 of 34 discretion), City, not Developer, shall have sole responsibility for approving any subsequent sale of that housing unit. Developer shall pay closing costs for each unit, not to exceed $6,300. Beginning MaFGh July 1, 2008, and on MaFGh July 1st for each of fifteen subsequent years, the maximum $6,300 to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation shall be made using the month of 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. 6.10. 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. 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 SeveeEight- Hundred Wne Dollars ($1, 8007-09.00) per residential unit to be paid prior to the issuance of each building permit for the first residential unit in Tract 54:75464. Commencing on January 1, 20078, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior Wor on serv\City ShareCommunity DevelogmentOEV PMTS\R P D11994 -01 Toll\Mod 6 to RPD 94 -01: TR 54640A\Draft based on Birdsall docSAl rnundy DeveWmentOEV PMTSIR P DWod 6 to RPD 9"1 TR 5464\DAQraft based on B+rdsalt.docS 1Commundy DevelopmentOEV PMTSIR P D\2004 -05 &rdsall\DAltiaal.d(x Page 20 of 34 0� .t)0w -► 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 ©4eEter -e€- Community Development Director consistent with the then applicable Ventura County Air Quality Management District URBEMIS Model prior to the first occupancy approval for each institutional use. 6.11. 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. 6.12. 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 54375464 and RPD 2041994 -051 Mod. No. 6. 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 \\Mor pri serv\City Share\Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall doc&\Commundy Develonmer ADEV PAATS\R P -D W6 6 to RPD 94-01, TR- 5464 \DA\Draft based on Birdsall.doeSACommunity Development \DEV PMTS\R P 0\2004 -0-5 BKdsall \DA\ ina�.doc Page 21 of 34 0 improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.14. 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. 6.15. The street improvements for all streets scheduled for dedication to the City shall be designed and constructed by Developer to provide for a 50- year life as determined by the City Engineer. 6.16. 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, 6.5, 6.6 and 6.9 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. 6.17. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved MND and MMRP. 6.18. 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 (15 %) 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 \\Mor pn serv\City Share\Community Development \DEV PMTS\R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464\DA \Draft based on Birdsall docS:lComrnun+ty Development\DEV PMTS\R P D1Mod b to-RPD -94-01 TR 54640A\Draft based on Birdsall docS.\Community Development\DEV PMTS\R -P 012004-05 SudsaMOA, 0al.doc Page 22 of 34 Os'1 11r"'r service provider City deems necessary to process the possible formation of a District. 6.19. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 6.20. 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. 6.21. In the event any of the "referenced Index" or "CPI" referred to in any portion of Section 6 above, are discontinued or revised, such successor index with which the "CPI" and or "referenced Index" are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the "CPI" and "referenced Index" had not been discontinued or revised. 6.22. The Developer is obliaated to improve both sides of Walnut Canyon Road to its ultimate right -of -way: on the east side from the northern City limits to a point south of Tract No. 5437 (Canyon Crest Ranch Partners - Moorpark) to the point where Tract No. 5045 (Pardee Homes) improvements end: and on the west side from the northern City limits to Championship Drive. The required improvements shall include undergrounding of all utilities including all electrical lines of 65 kv or less on both sides of the road. The developer shall pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering, planning, and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (15 %) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. Such improvement shall be completed within ninety (90) days of obtaining the real property needed for said improvement or receipt of all permits required for the improvement. Such improvements must start prior to issuance of a building permit for the first dwelling unit, and be completed within twelve (12) months to the satisfaction of the City Engineer and Caltrans. 6.21 Pursuant to approved MND and MMRP, prior to recordation of the first Final Tract Map for the Property. initiation of rough grading or issuance of any subsequent permits. the applicant, shall purchase and dedicate thirty -five (35) acres of open space in lieu of providing on -site open space dedication pursuant to Section 17.38.080 of the Hillside Management Ordinance. Prior to purchase and dedication, the City Council shall approve the location of the proposed open space land. \\Mor pri serv\City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01, TR 5464 \DA \Draft \C based on Birdsall docS ommun�iv Develop- me QEV PAATS\R P 0\AAed 6 to RPD 9401. TR 5464\DA\0rai1 based on 84rdsall doc; &\( rnmonity Development\DEV-PMTS\R P 0\2004 -05 8irdsa4 \DA\(fna1.doc Page 23 of 34 6.24. Prior to occupancy of the 36th unit of the Project, or June 30, 2016, whichever occurs first, the Developer shall provide a minimum two (2) inch rubberized asphalt overlay of Championship Drive from Grimes Canyon Road to Walnut Canyon Road pursuant to plans and specifications approved by the City Engineer at his/her sole discretion. Said specifications may include, but are not limited to, deflective testing, removal and replacement /repair of sub -base, base and existing asphalt, adiustment of utility covers and manholes, replacement of pavement markings, and City's cost of inspection and administration of said work. At City Council sole discretion, a cash payment in an amount equivalent to the work described above, plus fifteen percent (15 %), may be accepted in lieu of this obligation. This obligation may be satisfied by Tract No. 5463 prior to occupancy of the 51 s' unit in that tract, whichever occurs first. 6.25. Developer shall provide an easement to the Citv for a Citv Welcome Sian on the Project site at a location satisfactory to the Community Development Director. The easement shall provide for the location and maintenance of the sign. Developer agrees to pay $25,000 to the City for the construction and erection of the sign. The funds may be expended by City in its sole and unfettered discretion. The fee shall be paid prior to occupancy of the first residential unit. Developer agrees that design of the sign, including the licgMing, shall be at the City's sole discretion. 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. \\Mor pri serv\City Share\Community Development \DEV PMTS\R P D \1994 -01 ToMmod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall docS;\Communtty Develooment\D€V- PMTS\R P D\Mod6 toRPD 94-Gl- TR 54640A\Draft based on &rdsal docS \Communoy Development\DEV PMTS\R P D0004 -05 SirdsaMD"inal.doc Page 24 of 34 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 5437-5464 and RPD 2801994 -0-5-01 Mod. No. 6 and contingent on City Engineer and D- irestor - o€- Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading 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 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 6.18 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. \\Mor on serv\City Share\Community Development \DEV PMTS\R P D \1994 -01 Toll \Mod 6 to RPD 94 -01; TR 5464 \DA \Draft based on Birdsall doc&\Commumty DevebpmenADEV PARTS \R P D1Mod 6 to RPD 9"1 TR 5464-\DA\Draft based on &rdsa4 docS: \CommunAy Development\DEV PMTS\R P DQ004 -05 &rdsaMDAWinal.doc Page 25 of 34 Of 14 4J"- ';' 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 implementat ion 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 6.9 of this Agreement and the Purchase and Sale Agreement. City agrees that upon receipt of Developer's written request to acquire a housing unit to meet its obligation under subsection 6.9 of this Agreement, the City Manager, or his /her authorized representative, shall respond within thirty (30) calendar days accepting or rejecting the housing unit. Failure to respond within the specified time shall be deemed as rejection of said unit. City further agrees Developer may construct rather than purchase the housing units required by subsection 6.9 of the Agreement so long as Developer meets all requirements of this Agreement and the proposed project. The property on which the units are proposed to be constructed must be consistent with the City's General Plan, Zoning Codes, and the Moorpark Municipal Code. 7.8. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map development permit or development agreement with one or more other developers. 7.9. Upon the completion of the improvements to Walnut Canyon Road per subsection 6.22 of this Agreement, or when developer of Tract 5437 (Canyon Crest Ranch Partners - Moorpark) has paid to the City their share of the Walnut Canyon Road improvements, whichever occurs last. City shall pay Developer $210,000. 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 \\Mor on sery\City Share \Community Development\DEV PMTSIR P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall.docS \CommunityDevelopment \DEV PMTS\R P D\Med 6 to RPD 9401 TR 5464DAOrait based on Birdsall dots \Community Development\DEV PMTS\R P D\2004-05 Birdsa1WA*na1:doc Page 26 of 34 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, byway 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: (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 BirdsaN doeSACommun+ty DevelopmenADEV PMTSIR P 012004 -05 Bwdsa44\DAV+n,3Woc Page 27 of 34 0f 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 parry cannot reasonably cure the breach within the time set forth in the notice such party must commence to cure the breach within such time limit and diligently effect such cure thereafter. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the 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, 6.12, 6.13, 6.14, 6.16, 6.17, and 6.18 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. Mort-gage 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. \\Mor pri serv\City Share\Commumty Development \DEV PMTS\R P D \1994 -01 Toll\Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall doc&Commumty DeveloomeAADEV PUTSIR-P D\Mod 6-to RPD 9"1 TR 5464\DAQraft based on Birdsall docS,\Community Development\DEV PMTSA P- D0004 -05 6Kdsa4\DA\fina1.doc Page 28 of 34 100C I �' 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 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 Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1. Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the \\Mor pri serv\City Share \Community Development\DEV PMTS \R P D \1994 -01 Toll\Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall docS -1Gomm 4V DeveomG ment \D €V PMTS\R P DNWod 6 to-RPD 94-01 TR 54641DAOraft based on Birdsall docS Community Development \DEV PMTS\R P D0004 -05 B+rdsaWAVinal doc Page 29 of 34 Of + o o `" -" amendment is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 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 required by subsection 6.9, 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. :s- - - - - - IMW - - s- - �- Vast. -- -s s .s ME Imi-T—My—NOM a o a s s s s War yt7ez-1 —IV -e _ss s - - s \\Mor pn serv\City Share\Community Development\DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall.docS 1Community DevelopmenADEV PMTS \R P 01Mod 6 W RPD 94-01 TR 5464 \DA \Draft based on BirdsakdocSACGmmunity Development\DEV PMTSIR P D\2004 -05 Birdsa4ZA4ina4.doc Page 30 of 34 0 d rC10c 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. War pri serv\City Share \Community Development\DEV PMTS\R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall doc \Community Development\DEV PMTS\R P D1M06 6 to RPD 94-01 TR 54641DA1DraR based on BirdsaltdocS \Community Development\DEV PMTS\R P D0004 -05 Birdsall \DA\iinatdoc Page 31 of 34 J 1. 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 be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, and City of Moorpark have executed this Development Agreement on the date first above written. CITY OF MOORPARK Patrick Hunter Mayor \\Mor on serv\City Share \Community Develooment\DEV PMTS\R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall docS CCommunity Development\DEV- PMTS\R P D1AAod & to RPD 9401. TR 54640A\Draf1 based on B+rdsall.docS. Commumy Development \DEV PMTS\R P 0\2DO"5- Birdsa4l\DAVinal.doc Page 32 of 34 0 v . t.,. r OWNER/DEVELOPER Canyon Crest Ran -PaFtner-s Moorpark, LLG Toll Land XX Limited Partnership By: Fm ALL SIGNATURES MUST BE NOTARIZED Wor pn sery \City Share \Community Development\DEV PMTS\R P D \1994 -01 Toll \Mod 6 to RPD 94 -01 TR 5464 \DA \Draft based on Birdsall.docS.\C©mmunity Devetwm2►rt \D €V PMTS\R RDWod S to RP0 9"1 TR 54640A\Draft based oA Birdsall dooS.\Commun+ty DevelopmenADEV PMTS\R P 0\2004-05 &rdsaMDA\final.doc Page 33 of 34 EXHIBIT A LEGAL DESCRIPTION 11Mor pri serv\City SharelCommunity Development \DEV PMTS\R P D11994 -01 Toll \Mod 6 to RPD 94 -01 TR 54641DACrak based on Birdsall docS \Gomrnumty {7evelopment\DEV PUTS\R P TR 5464\DA\Orak based on &rdsaA docS \Community DevelopmentlDEV- PMTS\R P D0004-05- 8rdsalA©A1trnal.d©c Page 34 of 34 EXHIBIT "B" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Toll Land XX Limited Partnership Sant - Paula, --OA -8386© s • 7�T�Ti1 �. e- \\Mor pn serv\City Share\Community Development \DEV PMTS\R P D \1994 -01 Toll \Mod 6 to RPD 94 -01; TR 5464 \DA \Draft based on Birdsall docs Community Development\DEVPMTS\R P D\Modrato- RRG94 -a1�.TT 5464\DA\Dra# -6a6edon &rdsa4 doe,S \Community Development\DEV PMTS\R P D\2004-05 8irdsa41\DA4iaal.doe Page 35 of 34 ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph R. Vacca, Principal Planne DATE: June 7, 2006 (PC Meeting of 06/27/06) SUBJECT: Consider Commercial Planned Development No. 2005 -06 to Allow Construction of a 141,038 Square Foot Retail Home Improvement Warehouse Home Depot Store and Garden Center on a 12.9 Acre Parcel Located at the East End of Patriot Drive Adjacent to State Route 23 Freeway BACKGROUND On December 23, 2005, an application for Commercial Planned Development (CPD) Permit No. 2005 -06 was submitted by Home Depot for a 106,278 square foot home improvement store with a 34,760 square foot attached garden center. The total retail home improvement store is proposed to be 141,038 square feet and is located on approximately 12.9 acres of vacant land. The property is at the easternmost terminus of Patriot Drive, east of Miller Parkway, and south of the Moorpark Marketplace, adjacent to the State Route 23 freeway. Howard Hardin of WPIIDC, is the applicant representing Home Depot and Mark Ossola is the property owner. The Planning Commission received information on the project description of the proposed Home Depot (CPD 2005 -06) at its last meeting, on May 23, 2006. DISCUSSION Project Setting Existing Site Conditions: The project site is located at the southeastern quadrant of 33 acres of vacant land, on a 12.9 acre section of the larger vacant lot. The property where Home Depot is proposed, has been rough graded and is generally flat and does not have any significant trees or plant materials. The State Route 23 freeway is adjacent to the eastern edge of the project area, approximately thirty —five feet (35') above the proposed finished floor elevation of Home Depot. The southern edge of the project area contains an existing slope, adjacent to natural open space. 0 ` 1) �a Honorable Planning Commission June 27, 2006 Page 2 Previous Applications: On March 19, 2003, the City Council approved Industrial Planned Development (IPD) Permit No. 2000 -01 for eight (8) industrial /office buildings totaling 464,963 square feet; and Tentative Tract Map No. 5226 for eight (8) lots and a private street (Patriot Drive). Because the Home Depot would affect the rest of this development, the property owner has submitted a modification application to adjust buildings, lot configurations, and property lines to accommodate this project. The modification application is currently incomplete. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Sub - Regional Retail / Site Commercial / Specific Plan No. 92 -1 Vacant Business Park (Amended Carlsberg SP) (SR /C /BP) Sub - Regional Retail / Retail North Commercial / Specific Plan No. 92 -1 Commercial and Business Park (Amended Carlsberg SP) Restaurants (S R /C /B P) South Open Space Specific Plan No. 92 -1 Open Space (Amended Carlsberg SP) East Freeway — R/W OS — 10ac SR -23 freeway Sub - Regional Retail / Vacant West Commercial / Specific Plan No. 92 -1 (approved Business Park (Amended Carlsberg SP) Business Park) SR/C /BP General Plan and Zoning Consistency: Retail sales are an allowed use for the site under the Amended .Carlsberg Specific Plan Zoning Classification and the Sub - Regional Retail /Commercial/Business Park (SR/C /BP) General Plan Land Use Designation and does not require any changes to the current Amended Carlsberg Specific Plan, nor does it require any changes to the General Plan. As stated in the Amended Carlsberg Specific Plan, on page 56: "The sub - regional retail /commercial overlay area is intended to provide for a shopping center featuring both retail and service commercial uses for the convenience of residents of the development ,as well as, of the surrounding community." On page 57 of the development standards section, letter "n" - clearly indicates Retail Sales as a permitted use. A Commercial Planned Development Permit is required for the proposed building. ' iV�` Honorable Planning Commission June 27, 2006 Page 3 Project Summary Planned Development Permit No. 2005 -06: Parcel Proposed Use Building Area (sq. ft. 12.9 Retail home improvement warehouse store of 106,278 141,038 sq. ft. acres sq. ft. and attached retail garden center of 34,760 sq. ft. (total) Proposed Project Architecture: The architecture of the home improvement store has been patterned after the Moorpark Marketplace, with Spanish styled elements including large gable ends with exposed wood rafter tails, tower elements, parapet roofs with ceramic tile accents, as well as, colonnades covered with clay roofing tile. The majority of the building has a height of thirty feet (30'), with some taller ornamental elements on the front of the building. The primary entrance, designed as a gable end feature, has a maximum height of forty-six and one -half feet (46'6 "). The lumber loading area consists of a fully covered porte - cochere with hipped roofs and a parapet fagade at a maximum height of thirty -three feet (33'). There are two (2) tower elements that serve to break up the horizontal massing of the building, both of which have a maximum height of forty -two and one -half feet (42'6 "). The maximum height allowed under the amended Carlsberg Specific Plan is thirty -five feet (35'), with the allowance for architectural projections to exceed this standard in order to provide complementary architecture and appropriate massing of commercial structures. The proposed architecture is well designed and is compatible with the surroundings. The architecture is discussed in more detail in the analysis section of this report. Setbacks: The Amended Carlsberg Specific Plan requires a thirty -foot (30') deep front yard. Since the project is not adjacent to any residential lots or streets or alleys, the required side and rear yards are zero feet (0'). The site plan demonstrates full compliance with the setback standards of this Specific Plan, as the project exceeds all of the minimum standards. Circulation: The subject property is served by (future) Patriot Drive, a private street which takes access off of Miller Parkway. Patriot Drive will terminate with a cul -de -sac at the northwestern corner of the subject property where a thirty -foot (30') wide drive aisle will connect Patriot Drive to the Moorpark Marketplace, which is located to the north of the cul -de -sac. Home Depot will take access easterly, directly off of the Patriot Drive cul -de -sac and will share this drive aisle with vacant property to the north which separates the proposed Home Depot site from the back of the food court of the Moorpark Marketplace. This drive aisle into the site is a minimum of thirty feet (30') in width, with landscaping planters lining this access. Honorable Planning Commission June 27, 2006 Page 4 The predominate parking lot is located off of the main drive aisle that provides access to the site and is located in front of the proposed building and garden center. All of the drive aisles on site are a minimum of twenty -five feet (25') in width. At the rear corners of the building, there is a minimum forty foot (40') clear to sky turning radii around the rear of the building for Fire Department access. Traffic: According to the Institute of Transportation Engineers—Trip Generation 7t' Edition, (2003), the proposed 141,038 sq. ft. Home Depot — home improvement store will generate 4,202 Average Daily Trips on a weekday. The analysis of the traffic section of the EIR for the Carlsberg Specific Plan Amendment concluded that the Sub Regional /Retail Commercial/ Business Park area would accommodate up to 795,000 sq. ft. of commercial development with up to 42,000 Average Daily Trips. Upon review of the circulation patterns and routes that were analyzed in the original EIR, it was determined that these arterials and streets have sufficient capacity to accommodate up to the maximum of 795,000 sq. ft. of retail and commercial development. The addition of the proposed 141,038 sq. ft. Home Depot to the existing 358,000 sq. ft. Moorpark Marketplace commercial center to the north, and to the 132,000 sq. ft. Village at Moorpark commercial center under construction to the west, will not exceed the maximum amount of commercial development analyzed in the original EIR. The combination of the existing and proposed commercial development totals 631,038 sq. ft. of commercial /retail development, which is well under the maximum of 795,000 sq. ft. that is allowed under the current Amended Carlsberg Specific Plan. A proposed project condition would require a bus stop for the City of Moorpark municipal bus transportation system. This commercial project would also pay Area of Contribution fees to be used towards improving citywide traffic and circulation. As part of the Settlement Agreement between the applicant and the City, this commercial project would provide mitigation fees which represent payments toward fair share improvements as required in the original EIR. Furthermore, conditions provide fair share contributions towards completed traffic improvements for the Carlsberg Specific Plan project area. Parking: Lot Proposed Use Spaces Spaces Require Provided 11.2 acres useable 141,038 sq. ft. Retail home 470 473 (of the 12.9 acres of improvement warehouse and leased land area garden center The project is required to comply with the City's parking ordinance by providing one parking space for every 300 sq. ft. of gross retail floor area. The project meets the minimum number of parking stalls, including the required number of accessible stalls as required by OE �� �0 �: Honorable Planning Commission June 27, 2006 Page 5 the parking ordinance and uniform building code. All of the parking spaces are nine feet (9') wide by twenty feet (20') in depth. The primary parking lot is located in front of the warehouse store and garden center, with a total of 363 spaces. Ancillary parking areas are proposed on the sides and rear of the building, with a total of 110 additional parking spaces. Loadina Area: The loading area is located at the southeast corner at the back of the building. Sufficient room exists for the full turning movements of semi - tractor trailers in the drive aisles at the rear of the building without conflicting with any parking. There are three depressed loading docks proposed within an area that is thirty -eight feet (38') wide and seventy -five feet (75') deep. The proposed loading area exceeds the minimum standards for loading spaces set forth in the parking ordinance which requires twelve feet (12') in width by forty feet (40') in length per loading space. The loading and unloading of retail goods and purchased items are discussed further in the analysis section of this report. Landscaping: The City has adopted landscape guidelines for commercial developments. The applicant has proposed a landscape theme generally consistent with the guidelines and with the proposed Spanish - styled architecture. The landscape plan is subject to review by the City's landscape consultant, who will determine if the number and placement of all plant materials and irrigation is appropriate. The applicant has provided a conceptual lighting plan using similar fixtures to those in the Moorpark Marketplace. The lighting plan is subject to review by the City's lighting consultant for consistency with the City's requirements. Project lighting is discussed further in the analysis section of this report. Site Improvements and National Pollution Discharge Elimination Standards Requirements N� PDES): The City Engineer has recommended conditions on 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 to address project stormwater quality issues. Air Quality: All commercial /industrial projects are required to off -set air pollutants consistent with the 2003 Ventura County Air Quality Assessment Guidelines. Staff has included a standard condition requiring the applicant to make contribution to the Moorpark Traffic System Management Fund as a method to meet this requirement. O ( ''0 !7 Honorable Planning Commission June 27, 2006 Page 6 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Architecture and Site Planning • Outdoor Storage and Sales • Enhanced Paving • Cart Corrals • Signs • Lighting • Loading and Unloading • Citizen Input Architecture and Site Planning: The design of the home improvement store carries out the Spanish -style architecture of the Moorpark Marketplace, with use of earth -toned shades and natural materials. The front of the building faces the north toward the parking lot. The building footprint is approximately four - hundred and twenty feet (420') wide by two- hundred and fifty feet (250') deep. The main entrance has a prominent gable end tower element that is approximately eighty -five feet (85') wide and forty -six and a half feet (466 ") tall. The gable end is accentuated with two -piece clay barrel tile roofing and heavy rough sawn wood beams and knee braces. The main pedestrian entrances are located within arched openings placed in the tower elements that flank either side of a larger arched opening in the middle. The middle opening provides visibility into the glazed store front and contains a large raised planter faced with rock veneer with a precast concrete seat wall cap. The arched openings of the main e.ntrance are wrapped with a pre -cast concrete surround and a rock veneer wainscot supports the bases of the tower. The balance of the store front facade from the main entrance to the west, is punctuated with a series of arched openings that lead into a colonnade, which is fully covered with a clay - tiled, hipped roof. This colonnade provides a pedestrian connection between the main entrance, which is generally in the center of the building, and the building materials loading area located at the western portion of the project. The rock veneer wainscot is carried out across the balance of the building and at the bases of colonnade's arched openings that have half -round raised landscape planters. These raised planters are intended to introduce more plant material, shade and interest at the pedestrian level against the front of the building. Behind the colonnade is the main structure, which has a parapet roof at an approximate height of thirty feet (30'). The parapet features at this height extend Of :,�� Honorable Planning Commission June 27, 2006 Page 7 horizontally across the entire face of the building. The linearity of this feature tends to bring down or soften the overall massing of the structure. The business's retail materials loading area contains a porte- cochere with a parapet fagade at a maximum height of thirty -three feet (33'), which screens a full hipped roof element that covers an approximate seventy five -foot (75') wide by forty -foot (40') deep loading zone, (totaling approximately 3,000 sq. ft.) in front of the western portion of the store. The pedestrian colonnade continues on to the northwest corner of the building, where it transitions into a corner tower element, which has a maximum height of forty -two and a half feet (42'6 "), and is located at the entrance tool rental center. This tower creates a transitional area in the pedestrian connections across the store front into a pedestrian walk that leads all the out to Patriot Drive and off - site. From the main entrance to the east, a pedestrian quad is emphasized with tree wells designed to support large specimen trees, along with vine and landscaping pockets against the building backed with decorative ceramic tile. This area is flanked by the parapet roof element described above. This primary parapet roof is articulated with decorative ceramic tiles that contain wrought iron grille work. An additional tower element, which like the one on the northwest corner of the building has a maximum height of forty -two and a half feet (42'6 "), has been introduced to transition this pedestrian quad into the retail garden center area and entrance. The footprint of the retail garden center is approximately one - hundred and ninety feet (190) wide by one - hundred and eighty feet (180') deep. The main entrance into the garden center contains a moderately sized gable end which is approximately forty feet (40) wide and thirty feet (30) tall, with only one large arched opening for access. Again, the base of the tower element is wrapped with rock veneer, as well as the wainscot along the balance of the garden center. Two large raised planters that are each twenty feet (20') wide by five feet (5) deep are introduced in the pedestrian areas directly in front the garden center. The security fencing material on the garden center is proposed to be vinyl covered small mesh chain link, backed with shade cloth on the interior of the garden center. There is a retaining wall proposed at the base of the slope behind the building. This retaining wall was conceptually approved with the Cypress I PD. It will need to be constructed as part of the development of the Home Depot project. The wall ranges in height from zero up to nine feet at its tallest point, but the majority of the wall is between three to six feet in height. Since the wall is behind the building and is not entirely visible from off -site, staff feels that the use of decorative masonry is sufficient. A condition has been included requiring the retaining wall plan and materials to be reviewed and approved by the Community Development Director prior to the issuance of grading permits. of'::0!--v Honorable Planning Commission June 27, 2006 Page 8 The following building materials are proposed on the project: Two piece Clay roofing tile Cornice detail on parapets Rough sawn wood beams /rafter tails Rock veneer Precast concrete 6 "x6" decorative ceramic tile 18 "x18" decorative ceramic the Decorative Wrought Iron grille Stucco The following conditions of approval are recommended by staff to fully carry out and enhance the style of architecture that is proposed: • The two main pedestrian entrances, porte- cochere and two tower elements shall all have a smooth trowel applied plaster finish with random brush strokes to the satisfaction of the Community Development Director. • The arched openings shall have a rounded bull nose edge to the satisfaction of the Community Development Director. • All pre -cast concrete detailing shall have a natural concrete finish to the satisfaction of the Community Development Director. • An appropriately scaled precast concrete key -stone shall be introduced at the tops of the precast concrete surrounds of the arched openings on the main entrance, to the satisfaction of the Community Development Director. • The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. • Roof appurtenances shall be no higher than the lowest parapet on the roof and shall be painted the same color as the roofing material and there shall not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof with the exception of air conditioning handling units. • All ground mounted utility boxes shall be screened with landscaping and all gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, to the satisfaction of the Community Development Director. • The security fencing on the garden center shall be decorative and a sample shall be submitted for review and approval of the Community Development Director. The proposed architecture is very well designed and is compatible with the surroundings. Coupled with good massing, introduction of large pedestrian links and amenities with appropriate site planning, the architectural plan for the project is of good quality. The new retail building is proposed in a location that will be surrounded by vacant lots that are associated with the approved Cypress IPD business park development. The site is also tucked into the south east corner of the vacant lot against the slopes to the south and east, at the area of the property that is at the furthest point away from any residences. The Of Ic+0cof; Honorable Planning Commission June 27, 2006 Page 2 proposed building is at an approximate distance of one - thousand four - hundred feet (1,400'), equivalent to almost five football fields, from the nearest residential unit on South Fork Road. Outdoor Storage and Sales: Outdoor storage of saleable materials is prohibited unless a temporary use permit is approved for outdoor sales. Staff worked with the applicant to introduce the raised landscape planters within the hardscape plan across the balance of the front of the store. This serves two purposes. First it allows for more planted areas and pedestrian amenities than would exist without the raised planters. Secondly, the raised planters create a built -in physical barrier and impediment that hinders outdoor storage of saleable goods. The site plan designated an outdoor seasonal sales area where outdoor sales may be allowed with an approved temporary use permit subject to review and approval of the Community Development Director. A condition of approval is included in that requires prior approval of a temporary use permit by the Community Development Director prior to the occurrence of any seasonal or temporary outdoor sales. Also a condition is included which requires the applicant to submit a hardscape plan for review and approval of the amount, size and shape of the raised planters. Staff has recommended a condition on the project requiring the installation of specimen sized trees within the landscape planters along the front of the project and in larger planter areas. Enhanced Pavina: Staff also worked with the applicant to introduce decorative paving in front of the store at the pedestrian entrances and at the vehicular access point that leads onto the site from Patriot Drive. The enhanced paving areas at the pedestrian entrances into the store will be at the same level as the finished grade of the store but, there will be a slight rise in the drive aisle up to these decorative paving areas. This accomplishes several things. First the paving clearly and attractively delineates the pedestrian crossings. With the drive aisle at the same grade as the store front, people with carts and flat -beds can access the store and parking lot much easier. This is a common design attribute of warehouse style stores. Also, the rise in the grade of the paving within the drive aisle functions as a traffic calming device as vehicles experience the transition while driving through the pedestrian areas. This also precludes the need for the introduction of speed bumps on the site in the future. A condition is included requiring the submittal of a final hardscape plan to include the decorative treatment of the hardscape with integral color and texture at all pedestrian areas, and prominent drive aisles, including, but not limited to, the front entrance to the site off of Patriot Drive and the primary entrances into the store and garden center, to the satisfaction of the Community Development Director. Cart Corrals: The site plan proposes six large cart corrals distributed evenly in various locations throughout the parking lot in front of the store. There is also cart and flat -bed storage Honorable Planning Commission June 27, 2006 Page 3 proposed in front of the garden center, screened behind raised planters. The proposed plans do not show the actual design of the cart corrals. A recommended condition provides for the design and placement of cart corrals to be subject to review and approval of the Community Development Director prior to the issuance of building permits. Signs: The size and scale of the signs reflected on the plans have not been reviewed and approved. The applicant has stated that there will not be any pylon or pole sign proposed for this store. All of the signs associated with this proposed project will be building mounted or ground mounted on a monument sign. A special condition of approval has been included requiring a master sign program for review and approval by the Community Development Director prior to the issuance of building permits for sign installations. Li htin : The project is proposing to use the same type of light fixtures that are at the Moorpark Marketplace, except with a full -cutoff (flat) lens instead of a sag lens. Staff will ensure that the lighting plan is consistent with the standards set forth in the City's lighting ordinance. A condition is included which requires that all outdoor lighting systems shall be designed to include an automatic shutoff control with manual override capability to reduce at least fifty percent (50 %) of the energy usage of the system from twelve (12 :00) a.m. until one (1) hour before daylight, unless otherwise approved by the Community Development Director for safety or security reasons. An additional condition of approval has been added requiring that lighting fixtures be architecturally compatible with the buildings and landscaping. Staff feels the use of skylights at this location may be allowed as long as the applicant can demonstrate that off -site glare during nighttime hours will be minimized to an acceptable level. A condition requiring the review and approval of a skylight plan to address nighttime off -site glare has been included. Loading and Unloading: To minimize community impacts, a condition is proposed for that would prohibit delivery trucks from using Miller Parkway south of Patriot Drive when traveling to or from the site. Furthermore, a condition is included which requires the applicant to submit a loading circulation plan to be reviewed and approved by the City Engineer and Community Development Director prior to occupancy. In addition to truck deliveries, this plan would need to address customer loading of retail home improvement materials such as lumber and tool rentals. Citizen Input. A number of a -mails from citizens providing their input on the proposed Home Depot project have been received by Community Development staff (Attachment 5). The majority of the a -mails have expressed concerns and or opposition to the project. Some of the comments expressed a concern that if approved, the Home Depot store may attract day Honorable Planning Commission June 27, 2006 Page 4 laborers and create a neighborhood nuisance. Staff feels that this location is far removed from any area in town where day laborers currently congregate and that it is unlikely that there will be the occurrence of day laborer staging at the proposed Home Depot location. Staff researched whether or not day laborers are present at other nearby Home Depot locations. There are three existing Home Depot locations in eastern Ventura County: Simi Valley, Newbury Park and Camarillo. Staff has visited all of these existing stores on numerous occasions and did not observe the presence of any day laborers at any of these establishments. Findings Commercial Planned Development Permit Findings: The following draft findings are provided for Planning Commission consideration: 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, the Amended Carlsberg Specific Plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the Ordinance requirements for setbacks, parking, landscaping and height and meets the intent contained within applicable City Ordinances and policies, the Amended Carlsberg Specific Plan; and the proposed project is compatible with the architectural style of the Moorpark Marketplace commercial center and the Village at Moorpark commercial center both located in proximity to this project on the west and east sides of Miller Parkway. B. The site plan design would not create negative impacts nor impair the utility of properties, structures or uses in the surrounding area as the property is zoned to allow a commercial development and the site plan design integrates the building location at the south - eastern section of the subject property, adjacent to off site slopes, thus minimizing visibility of the structure from off -site as viewed from residential properties located to the southwest of this proposed development. C. The proposed commercial uses are compatible with existing and permitted uses in the surrounding area as the architectural design and site plan arrangement complements the design of the Moorpark Marketplace and Village at Moorpark commercial centers located to the north and west of the subject property; and the proposed commercial building is located in such a manner so as not to impede the use of the adjacent vacant properties to the west and north and reduces any potential impacts to existing residential developments based on the presence of natural open space which buffers the proposed site from existing residences. 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, Honorable Planning Commission June 27, 2006 Page 5 and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: June 9, 2006 Planning Commission Action Deadline: not applicable City Council Action Deadline: September 7, 2006 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. 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 determined through an Initial Study that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report (SCH No. 92061076) that was prepared and certified for the Amended Carlsberg Specific Plan. No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of this proposed project. No further analysis pursuant to the California Environmental Quality Act is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC -2006- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2005 -06. 00(A ,D Honorable Planning Commission June 27, 2006 Page 6 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan B. Landscaping Plan C. Grading Plan D. Colored Elevations E. Materials Plan F. Store Front Hardscape Plan G. Area Land Use Map 4. Draft PC Resolution with Conditions of Approval 5. E -mail Communications from Citizens I 111or no MVRRWNk n 2 K Z s L4 Q I � / It _ .�,.�F.il�l,�111_��E . ■�If ■ ■.� LOCATION MAP Ji1E�i►��r�� Imo- m 1 d ♦ y�ro d' x \ , worotn P. a10` °av� , µIT ^ Ppt --� � d r�4ton KOYC ,i I � Naao d r F TLAE DEVELOPMENT MOT A PART) PV O �sawm. CIr4 'w, "- FC G_. K-w sor' O 37 m;V wygp / NMK \ \ ALNIIO 7¢l; \ • w0 _44__44 _. __. .. _ .. _.- .. � _ ,\ qu+�WrQ OdM %2094- W4gs/2S2WV. lrtriwc -' r . Imo& Lnororm moo, Z_0=7 •'u �.s aD .r. %w�%. 0a D0"W X 2, s2'_ S�b�O rw Ypn PC ATTACHMENT 3.A. wnl pwmh dnp debK wa t can4wu w w A4r4 W .N on., s +D4o P - wroAAOO r wroaaw r.WWrWParae. LOGATX)N MAP PKOIER INrONMAMON SITE µFA ilO M AOIAa %112 A u no MOM ACM. a us A o BUILDING AREA .D O.Klw1 mnK" 1,m sqn) -kA- fs CAWIN OINTtt wo U TOT& No .'m w PµKING COUNT SUNVAMY 4tQlMO W OlY b v soo ass WKG 104 WA w GvIDIN DW U • vwo n WA Tory IUOMED .h vA lmt RoyO D now I= W WAas GMae1 aNm AYAOW O~ow h vA TOT* no"DIO _— M WPAas IUrIO nOY —'o HAas FANUD STALLS AIIS h \NTN V AWJ ZONING CLASSIFICATION oOFWNG v nCOOMD Y PROI[R NOTfS 1 �OAY Oro l4Yrt tawlbgrr AY wpipi Ac a M4W Il/NAl.4i Oi.r���v�yrbr rM0 A ht0 DAAVS SKAAr."ION W44D _ DAh WPM6 vrt ory co A `MiNM IN vtt 0[v COOt1ONAfp4 K IIAADK4 LL 4A^404 A .1 LLAOMAIYAII AID041Mt THE HOME DEPOT MOORPARK, CA N4W W AAStw Ar.br. A.IW Ar4y°T HOW WOT m O NIAAIIA sw ouvml V-0c R�.090 NWO rNpoyrN cP =nlc xAlc CP•12 0 w ba ` / T m I JY� MAF TCF 90 WM ft n ;a¢ OA /AlAllf CF /1�II[.IAN aO � 1 hat K tit *t t®t tet ®4 t�1•4 a Vt� Y a 3 ®t -I l t a z 1 iitjitl'i���II rlr �I m v C m m trreiiir I a a a a•. PRELIMINARY LANDSCAPE PLAN ©��® 11 HOME DEPOT MOORPARK *y •�:. THE HOME DEPOT •�� ..�� MOORPARK CALIFORMA , � r`ti -� �ol 101 10 r I a ( ]l f ; 7 t � � I � 7 If z 1 iitjitl'i���II rlr �I m v C m m trreiiir I a a a a•. PRELIMINARY LANDSCAPE PLAN ©��® 11 HOME DEPOT MOORPARK *y •�:. THE HOME DEPOT •�� ..�� MOORPARK CALIFORMA , i • /AlgOf LYwE 0@ER 70 UMOVE,QTT r(,vp n once won OoNnmAoknm (NOT A PART) y` - -� _... _ � _ _..... MJ _ -. _. -• y d' .- .mss ,.a ......o< PC ATTACHMENT 3.C. .■■MK �7O WW ..n�ti�K..... Y cr Q a cr O O �s ZOwg9 J w apw1) o g = QOw� .Wit_ �,■ PEAN C2.0 N PC ATTACHMENT 3.D. A. = � ~ ' .�� PC ATTACHMENT 3.E. O p..A A.y f r � r PC ATTACHMENT 3.F. ys �,�r�3•;C +r= : �, �iar• �� _ i. :nrw�►�z�ax't�,: A - - .. °I'._ i,� * s +' .fir. t M s'' e r, kh+414 f M� gig S ^r-• [fli t RESOLUTION NO. PC -2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2005 -06 TO ALLOW CONSTRUCTION OF A 141,038 SQUARE FOOT RETAIL HOME IMPROVEMENT WAREHOUSE STORE AND GARDEN CENTER ON A 12.9 ACRE PARCEL, LOCATED AT THE EAST END OF PATRIOT DRIVE, ADJACENT TO STATE ROUTE 23 FREEWAY, ON THE APPLICATION OF HOWARD HARDIN FOR HOME DEPOT WHEREAS, at a duly noticed public hearing on June 27, 2006, the Planning Commission considered Commercial Planned Development Permit (CPD) No. 2005 -06 on the application of Howard Hardin for Home Depot for construction of a 106,278 square -foot retail home improvement warehouse store with an attached 34,760 sq. ft. retail garden center, located at the east end of Patriot Drive adjacent to State Route 23 Freeway. (Assessor Parcel Nos. 512 -0- 260 -045; -095; -125); and WHEREAS, at its meeting of June 27, 2006 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that all potentially significant environmental effects of this project have been analyzed adequately in an earlier Environmental Impact Report (SCH No. 92061076) that was prepared and certified for the Amended Carlsberg Specific Plan, and that no new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of this proposed modification to the project, therefore, no further analysis pursuant to the California Environmental Quality Act is required. 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, accompanying 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: 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, the Amended Carlsberg Specific Plan, zoning ordinance, and other applicable regulations, as it meets or exceeds the \ \Mor_pri_serv\City Share \Community Development \DEV PMTS \C P D\2005\06 Home Depot \Reso \PC_Reso_060627.doc PC ATTACHMENT 4 OV> 1y Resolution No. PC -2006- Page 2 Ordinance requirements for setbacks, parking, landscaping and height and meets the intent contained within applicable City Ordinances and policies, the Amended Carlsberg Specific Plan; and the proposed project is compatible with the architectural style of the Moorpark Marketplace commercial center and the Village at Moorpark commercial center both located in proximity to this project on the west and east sides of Miller Parkway. B. The site plan design would not create negative impacts nor impair the utility of properties, structures or uses in the surrounding area as the property is zoned to allow a commercial development and the site plan design integrates the building location at the south - eastern section of the subject property, adjacent to off site slopes, thus minimizing visibility of the structure from off -site as viewed from residential properties located to the southwest of this proposed development. C. The proposed commercial uses are compatible with existing and permitted uses in the surrounding area as the architectural design and site plan arrangement complements the design of the Moorpark Marketplace and Village at Moorpark commercial centers located to the north and west of the subject property; and the proposed commercial building is located in such a manner so as not to impede the use of the adjacent vacant properties to the west and north and reduces any potential impacts to existing residential developments based on the presence of natural open space which buffers the proposed site from existing residences. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2005 -06 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. . IL , -, 4 Resolution No. PC -2006- Page 3 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: PASSED, AND ADOPTED this 27`h day of June, 2006. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A — Special and Standard Conditions of Approval Resolution No. PC -2006- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2005 -06 SPECIAL CONDITIONS The site plan shall include a bus stop on the project site for the City of Moorpark municipal bus transportation system with location and design to the satisfaction of the Community Development Director and the Parks, Recreation and Community Services Director. The bus stop shall be constructed at the applicant's expense and completed prior to issuance of a zoning clearance for occupancy 2. The applicant shall submit a retaining wall plan which demonstrates locations, heights and materials for the retaining wall proposed along the base of the slopes to the east and south of the project site for review and approval of the Community Development Director prior to the issuance of grading permits. 3. The two main pedestrian entrances, porte - cochere, and two tower elements shall all have a smooth trowel applied plaster finish with random brush strokes and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 4. All of the arched openings along the store front fagade shall have rounded bull nose edges and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 5. All pre -cast concrete detailing shall have a natural concrete finish and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 6. An appropriately scaled pre -cast concrete keystone shall be introduced at the tops of each of the pre -cast concrete surrounds of the arched openings on the main entrance, and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 7. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 8. Roof appurtenances shall be no higher than the lowest parapet on the roof and shall be painted the same color as the roofing material and there shall not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof with the exception of air conditioning handling units and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. ©s,. 1� Resolution No. PC -2006- Page 5 9. All ground- mounted utility boxes shall be screened with landscaping and all gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 10. The security fencing on the garden center shall be decorative and a sample shall be submitted for review and approval and this shall be reflected on the plans to the satisfaction of the Community Development Director prior to the issuance of building permits. 11. A temporary use permit for temporary seasonal outdoor sales shall be submitted to the Community Development Director with the appropriate fee for review and approval prior to the occurrence of any seasonal or temporary outdoor sales. 12. The applicant shall submit a hardscape plan which demonstrates the amount, size and shape of the raised planters for review and approval of the Community Development Director prior to the issuance of building permits. 13. The landscape plan shall incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. 14. A final hardscape plan shall be prepared to include the treatment of the decorative hardscape areas with integral color and texture at all predominate pedestrian areas, and prominent drive aisles including but not limited to the front entrance to the site off of Patriot Drive and the primary entrances into the store and garden center, and the final plan shall be subject to the review and approval of the Community Development Director prior to the issuance of building permits. 15. Prior to installation of hardscape and building materials, a field check and approval shall be required by the Community Development Director. 16. The applicant shall prepare a cart corral plan in association with the site plan to demonstrate the total number of cart corrals and the design and placement of all cart storage including raised planter screening at the front of the garden center and the plan shall be subject to the final review and approval of the Community Development Director prior to the issuance of building permits. 17. The applicant shall prepare a master sign program for the business which shall be submitted to the Community Development Director for review and approval to ensure compliance with the sign ordinance prior to the issuance of building permits for sign installations. 18. The photometric lighting plan shall include a lighting system which shall be designed to include an automatic shutoff control with manual override capability to reduce at least fifty percent (50 %) of the energy usage of the system from twelve (12:00) a.m. until one (1) hour before daylight, unless otherwise approved by the Community Development Director for safety or security reasons and the lighting plan shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. OCE 1!!. Resolution No. PC -2006- Page 6 19. All lighting fixtures shall be architecturally compatible with the buildings and landscaping subject to the review and approval of the Community Development Director prior to the issuance of building permits. 20. The applicant shall prepare a skylight plan in association with the roof plan to demonstrate methods by which off -site glare during nighttime hours will be minimized. The plan shall be subject to the final review and approval of the Community Development Director prior to the issuance of building permits. 21. The applicant shall submit a loading circulation plan, which shall include customer loading of retail home improvement materials such as lumber and tool rentals/ pick up and drop off; and the Home Depot product deliveries and unloading of product for the Home Depot. Deliveries to and from the store (except for retail customers in personal vehicles) shall not travel on Miller Parkway south of Patriot Drive. This plan shall be reviewed and approved by the City Engineer and Community Development Director prior to occupancy of the building. 22. Development Fee: Prior to issuance of Zoning Clearance for each building permit, the applicant shall pay the City a Development Fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. 23. Mitigation Fee: Prior to issuance of Zoning Clearance for each building permit, the applicant shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. Intersection Improvements. 24. Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements for the following intersections: • Tierra Rejada / Miller Parkway • Miller Parkway / Patriot Drive • Miller Parkway / Los Angeles Avenue • Los Angeles Avenue / SR -23 on -off ramps • Los Angeles Avenue / Spring Road The amount of the fair -share contribution shall be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections. 25. All other conditions of the Amended Carlsberg Specific Plan and Settlement Agreement shall continue to apply, except as revised herein. Of 14.01.1 E. y �� Resolution No. PC -2006- Page 7 STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. This planned development permit shall expire one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 3. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and /or plans. 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 6. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. Resolution No. PC -2006- Page 8 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 10. Entitlement Processing: Prior to the issuance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days of approval of this entitlement. 11. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 12. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development 04 �t1 Resolution No. PC -2006- Page 9 Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees in the amount of $0.50 per square foot of building area, to the satisfaction of the Parks, Recreation and Community Services Director. 14. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 16. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 17. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee in the amount of Twenty- Nine - Thousand, Seven - Hundred Dollars ($29,700.00) per acre of commercial /industrial land on which the use is located. Commencing on January 1, 2008, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any pE; )1­�:.' Resolution No. PC -2006- Page 10 annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 19. County Traffic Fee: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the County Traffic Fee for County Traffic District No. 4 in which the project is located. The fee shall be paid in accordance with City Council adopted Reciprocal Traffic Mitigation Agreement fee requirements in effect at the time of building permit application. 20. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Spring Road/Tierra Rejada Road Area of Contribution (AOC) Fee. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 21. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 22. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 23. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in the amount of one percent (1 %) of the building valuation, to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off -site in lieu of contributing to the Art in Public Places Fund the art work shall have a value corresponding to or greater than the contribution, and shall be constructed prior to Final Occupancy of the first building. All art shall be approved in accordance with Municipal Code Chapter 17.50. 24. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and the Building and Safety Division the City's electronic image conversion fee for entitle ment/condition compliance documents; Final Map/ engineering improvement plans /permit documents; and building plans /permit documents, respectively. 25. Fish and Game: Within two (2) business days after the City Council /Planning Commission adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Resolution No. PC -2006- Page 11 Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 26. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a building permit, whichever occurs first, the applicant shall pay to the Community Development Department an amount to cover the costs associated with a crossing guard for five years at the then current rate, plus the pro -rata cost of direct supervision of the crossing guard location and staffs administrative costs (calculated at fifteen percent (15 %) of the above costs). 27. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 28. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial center architecture and the City's Sign Ordinance requirements. 29. For all flat roofed portions of buildings, a minimum eighteen -inch (18 ") parapet wall above the highest point of the flat roof shall be provided on all sides 30. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 31. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. 32. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened from view on all four sides and painted to match the roof. All screening shall be maintained for the life of the permit. 33. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a Resolution No. PC -2006- Page 12 noise study for review and approval. The noise study would need to show that the current project attenuates all on -site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 34. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and /or landscaping as determined by the Community Development Director. 35. A utility room with common access to house all meters and the roof access ladder shall be provided unless an alternative is approved by the Community Development Director. 36. No exterior access ladders of any kind to the roof shall be permitted. 37. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 38. Prior to any re- striping of the parking area a Zoning Clearance shall be required. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations unless new locations are approved by the community development director. 39. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 40. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. C. Required loading areas with 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. 0t'` 'J-" Resolution No. PC -2006- Page 13 d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director, City Engineer and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 42. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 43. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. OPERATIONAL REQUIREMENTS 44. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10 :00 p.m. unless additional hours are approved by the City Council. 45. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 0!,J Resolution No. PC -2006- Page 14 46. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he /she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Modification to the entitlement. 47. The applicant agrees not to protest the formation of an underground Utility Assessment District. 48. The continued maintenance of the subject site and facilities shall be subject to periodic inspection by the City. The Applicant and his /her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days from written notification. 49. No noxious odors shall be generated from any use on the subject site. 50. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 51. Should continued compliance with these Conditions of Approval not be met the Community Development Director may declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 52. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 53. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the Vehicle Code. 54. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. Resolution No. PC -2006- Page 15 55. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 56. The building manager or designee shall be required to conduct a routine on -site waste management education program to educating and alerting employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 57. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 58. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans the specific design and location of the neighborhood identification monument sign shall be submitted for review and approval by the Community Development Director. The sign shall be installed concurrent with perimeter project wall installation. 59. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) the applicant shall install front yard landscaping, including sod and an automatic irrigation system, as approved on the landscape plans. 60. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. Resolution No. PC -2006- Page 16 61. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right -of -way or outside of the street right -of -way. Any parkway landscaping outside of the street right -of -way shall be within a landscape easement. 62. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 63. Tree pruning, consisting of trimming to limit the height and /or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited and will be considered a violation of the Conditions of Approval. 64. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 65. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Community Development Director and City Engineer for review and approval prior to the issuance of a building permit. 66. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 67. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 68. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual' and "Design Manual' as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata ..0 () A.. Resolution No. PC -2006- Page 17 thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 69. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 70. All paved surfaces; including, but not limited to, the parking area and aisles, drive - through lanes, on -site walkways shall be maintained free of litter /debris. Walkways, parking areas and aisles and drive - through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 71. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylar® sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval). 72. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 73. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 74. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 75. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons Resolution No. PC -2006- Page 18 from entering the work site at any time and to protect the public from accidents and injury. 76. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 77. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 78. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. PUBLIC AND PRIVATE STREETS 79. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 80. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 81. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 82. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre - development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain Resolution No. PC -2006- Page 19 waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 83. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. 84. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CAS000002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 85. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 0(�< �1^ � W � Resolution No. PC -2006- Page 20 MAINTENANCE 86. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 87. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "]. In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 88. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. 89. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 90. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 91. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back -Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 92. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: Resolution No. PC -2006- Page 21 a. At least one - hundred - twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas"] to be maintained by the Assessment District (including a required Back - Up District), along with any required plan checking fees; submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); C. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit 'A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] D. Please contact the BUILDING DIVISION for compliance with the following conditions: 93. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 94. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 95. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons Resolution No. PC -2006- Page 22 or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property ". F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 96. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty -foot (20') clear width access road /driveway shall remain free of obstruction during any construction activities within the development. All access roads /driveways shall have a minimum vertical clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning radius of forty feet (40'). 97. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not exceed a five percent cross slope in any direction and shall be located within one - hundred -fifty feet (150) of the end of the access road /driveway. 98. The access road /driveway shall be extended to within one - hundred -fifty feet (150) of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 99. When only one (1) access point is provided, the maximum length shall not exceed eight - hundred feet (800'). 100. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 101. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 102. Structures exceeding three stories or forty- eight -feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy- five -feet (75') in height shall be subject to Fire District high rise building requirements. 103. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 104. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. Resolution No. PC -2006- Page 23 DEVELOPMENT REQUIREMENTS 105. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 106. Minimum six -inch (6 ") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 107. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 108. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 109. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. 110. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 111. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW- AWAY" in accordance with California Vehicle Code and the Fire District. 112. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (300') of the proposed project and showing the location, type and number of proposed . hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 113. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. Resolution No. PC -2006- Page 24 114. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 115. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 116. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction ". 117. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 118. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 119. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 120. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 121. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. 00, ° Y; Resolution No. PC -2006- Page 25 H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 122. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 123. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. - END - 0( L35 E -MAIL COMMUNICATIONS FROM CITIZENS CONCERNING HOME DEPOT APPLICATION - - - -- Original Message---- - From: Raja Bamrungpong Sent: Sunday, May 21, 2006 11:37 AM To: Moorpark Subject: Proposed Home Depot project. I'm currently a resident at the Cantara development over the past 5 years. My wife and really enjoy our home and the small -town feel city of Moorpark. I'm totally against the project and it makes no sense what so ever of wanting to put a Home Depot next to a million dollar homes. We were told that the undeveloped area was zoned exclusively for business building and not for retail space. I urge Mayor Hunter and Council members to please reject any proposal that would utilize that property for retailing space. The thought of having street vendors selling things and day laborers hanging outside of my development is not very appealing. Raja Bamrungpong - - - -- Original Message---- - From: Michael Castello Sent: Sunday, May 21, 2006 3:29 PM To: Moorpark Subject: Home Depot in Moorpark To whom it may concern, live directly behind the area slated for consideration of the Home Depot building. Currently I am against it for two reasons. 1) At other Home Depot locations I observe illegals congregated near the building perimeter looking for work. I am concerned about the safety of my home and family and believe it will depreciate the worth of my home and area. 2) How high will the building be? I enjoy and beautiful view of the hills. The Target is located in the same area but does not obstruct my view. The view was my main reason for moving to this location in 2002. Thank you for your time, Mr and Mrs Michael Castello �` PC ATTACHMENT 5 "'1`' - - - -- Original Message---- - From: Alfred Dutra Sent: Monday, May 22, 2006 7:25 AM To: Moorpark Subject: Home Depot Project Importance: High Good Morning: I wanted to take a minute and express my concern over the proposed Home Depot project. I have a concern that Moorpark is attracting and approving too many of the same types of businesses. Right down the street we have a "Do it Center' and a large parcel of space that has been empty for some years now. Yet more space is being constructed. We have a large number of 'fast food' restaurants with a limited number of alternatives. To strike more of a balance, I would think we need to attract a more upscale development to match the homes constructed in recent years. Perhaps at least one development that mirrors those of a Westlake Village. The shopping center that houses Target has been a disappointment to me for the reasons I've already mentioned. Moorpark is a charming community that is in jeopardy of losing that charm if future developments are not diverse enough in the clientele they attract. A smaller version of the Simi Valley Town Center is what is needed in Moorpark, not another home improvement store. I hope I have been articulate enough to express my point and that you consider my comments before approving any more projects in Moorpark. thank you in advance for your consideration. Al Dutra Page 2 of 14 - - - -- Original Message---- - From: robert cohen Sent: Monday, May 22, 2006 5:14 PM To: Moorpark Subject: Home depot Councilmembers, just a note to let you know that this is one citizen who thinks putting a Home Depot at Miller Pkwy is a less than intelligent thing to do. I cannot immagine why the company wants to put another store in so close to the Simi location, but it definately would not be a good thing for Moorpark. While it may generate some sales tax, it would have a very negative effect on the property in Serenata, thus affecting property tax revenue over time. In addition, one can imagine the extra load put upon our police dept by the problems caused by the pardon- the - expression "casual labor" that it will attract. Please say no! Robert Cohen - - - -- Original Message---- - From: Calendar Sent: Monday, May 22, 2006 5:55 PM To: Moorpark Subject: Home Depot To whom it may concern: I am a resident in the Toscana plan of homes located on Miller parkway and Shawnee. It has come to my attention that there are plans to put a Home Depot in the lot behind Target on New Los Angeles Avenue. I wanted to write and offer my household's complete support in this endeavor. We cannot wait to have a Home Depot closer to home! Well done! Sincerely, Jennifer Chow Page 3 of 14 Of - - - -- Original Message---- - From: The Valentines Sent: Monday, May 22, 2006 6:36 PM To: Moorpark Subject: home depot Dear Council Members, Five years ago my wife and I moved into the Cantara development just off Miller Parkway. We considered this an excellent location and chose a view lot looking out towards New Los Angeles Ave. We realized that some stores would be opening in the area within our view and that traffic would increase somewhat. However had we known that a Home Depot would be considered for this location, we never would have bought in this area. This is the type of large store that will increase one of Moorpark's most critical problems - -truck traffic - -and will no doubt lower our property values. Looking at a Home Depot from our backyard is not what we had in mind when we bought view property. Please consider what impact this type of business will have on the homeowners who paid a premium for what they hoped would be a peaceful neighborhood. Say no to "Depot ", Sincerely, Mike & Jeanne Valentine - - - -- Original Message---- - From: Sent: Tuesday, May 23, 2006 4:19 PM To: Moorpark Subject: I oppose the proposal for a new Home Depot store to be built behind Target. Although I love shopping there I think the store in Simi Valley on Cochran Street is close enough and we do already have one large hardware store here. How about a major book store instead, like Barnes & Noble? Sincerely, Teri Brown Page 4 of 14 - - - -- Original Message---- - From: Bishop, Eric Sent: Wednesday, May 24, 2006 11:49 AM To: Moorpark Subject: Against Consideration of Home Depot on New LA Ave. in Moorpark Hello, my name is Eric Bishop. I live at in Moorpark. As a Moorpark resident for the past 11 years, I am completely against the prospect of the development of a Home Depot within the city of Moorpark. With the current Home Depot located in Simi Valley at Madera I think it is completely ridiculous that Home Depot and even the Moorpark City Council would consider this idea. It's bad enough that Pet Co. and Staples are being developed in the Miller Pky /New LA Ave location. Does city planning mean "every" city needs these massive wastes of commercial real estate space? I couldn't believe my ears when I heard this nonsense. I trust the Moorpark City Council will make the decision that is right for the citizens of Moorpark. Respectfully, Eric Bishop - - - -- Original Message---- - From: Bishop, Sharon Sent: Wednesday, May 24, 2006 1:51 PM To: Moorpark Subject: Hello, my name is Sharon Bishop. I live at in Moorpark. As a Moorpark resident for the past 10 years, I am completely against the prospect of the development of a Home Depot within the city of Moorpark. With the current Home Depot located in Simi Valley at Madera I think it is completely ridiculous that Home Depot and even the Moorpark City Council would consider this idea. It's bad enough that Pet Co. and Staples are being developed in the Miller Pky /New LA Ave location just below beautiful homes! Please DO NOT build a Home Depot! We are losing all of our rural space that we love! Thank you for making the right decision! Sharon Bishop fl) 5 of 14 - - - -- Original Message---- - From: Sent: Thursday, May 25, 2006 12:25 PM To: Moorpark Subject: Home Depot To whom it may concern: I live at right behind the Target center and I just simply wanted to let you know that I strongly support Home Depot coming into town. I like the convenience of stores being in our area and not having to drive to Simi Valley or Thousand Oaks. would also love to see a new nicer grocery store in the area across from Target. A lot of people talk about the need of a Whole Foods, Trader Joes, Bristol farms, or Pavilions in our area. Just a side note. Thanks for your time, Rachel Lindas Page 6 of 14 0001A - - - - -- Original Message---- - From: theresa N Sent: Thursday, May 25, 2006 5:55 PM To: Moorpark Subject: Home Depot in Moorpark Hi, For what its worth, my family thinks having a Home Depot on Patriot way near Target is a TERRIBLE IDEA! Huge stores like Home Depo are too BIG to have any other type of business in them should the corporation later decide to close a few stores. When that happens, these huge stores stay unrented for long periods of time (case in point - Moorparks Kmart). This creates an opportunity for Vandals and more times than not, such stores become eyesores!! Our community is too nice! Lets keep it nice! Industrial Condos would be better than a Home Depo. But better than Industial Condos, would be small stores with living quarters on top, so that mom & pop business could live and work in the same space! Those could be created beautifully, and would draw people to them! Please be conscious of the impression people passing thru Moorpark on the freeway will get, as they go by. Will Moorpark be a place they might want to come back and visit? Or will Moorpark become a place so Industrialized, that they will hurry thru as fast as they can! Business located near the Freeway, should be attractive and inviting. Just because Home Depot carries a big name, should not insure that it gets any place it wants to have here. Stores like Home Depot need to be tucked away carefully, so thal in the future the building will never become a liability to the community! Sincerely, Theresa Nielsen Page 7 of 14 �` : >1d - - - -- Original Message---- - From: Chris Dutton Sent: Friday, May 26, 2006 7:03 PM To: Moorpark Subject: Home Depot in Moorpark May 26, 2006 Dear Moorpark City Council, It has come to our attention and we have heard on more than one occasion that the City Council has been approached and is considering allowing a Home Depot to be erected behind the Target store near Miller Parkway and Los Angeles Avenue. If we may respectfully offer our greatest opposition to this idea. Moorpark has undergone an incredible transformation in the last several years. It is now home to several upscale and family friendly neighborhoods. The community has recently voted down a "mega' style housing development and supported the City Council on this issue. The community focus appears to be on a hometown, upscale environment which is competitive with many very sought after communities surrounding Moorpark. As local residents to the area in question, we dread to think of the impact a Home Depot would have to the community and the surrounding (mostly residential) areas. Massive traffic, day laborers loitering, noise, massive delivery schedules are only the beginning of this industrial nightmare. Additionally, we believe that this city settled when it voted on the Moorpark Marketplace. Adding a Home Depot directly behind this complex on a plot of land we were told would be reserved for office space only will continue to perpetuate a "discount' budget based entry to our city. In closing, I encourage each of you to consider the upscale look of Moorpark today. The recent flower and tree lined streets of Tierra Rejada. The beauty of the Tierra Rejada Valley, Underwood Family Farms and Historical High Street complete the small town look of Moorpark. This is what has made property values triple in the last 15 years, not 'mega marts.' Please take a closer look at this idea without focusing on tax revenue. We want our community to retain its intrigue. We overwhelmingly voted 'no' to big box Northpark and supported the wishes of the Moorpark City Council. Please support us now by voting down big box Home Depot. Sincerely, The Dutton Family Page 8 of 14 - - - -- Original Message---- - From: MEdelstein Sent: Saturday, May 27, 2006 2:40 PM To: Moorpark Subject: Home Depot Deear Council Members, Just heard a Home Depot may possibly go in behind Target. Why? We have a Do It Center here and Lowe's and Home Depot are just minutes away. We will just have another huge, empty building like half of K -mart and the Savon by Vons. Why not a book store someplace in Moorpark like Borders - -we really do read in this town - -even if outsiders think we are uneducated! Good luck with whatever decision is made. Have a good holiday weekend, Jeff and Michele Edelstein Serenata homeowers - - - -- Original Message---- - From: Lisa Gordon Sent: Saturday, May 27, 2006 6:46 PM To: Moorpark Subject: Home Depot In regard to Home Depot being built in Moorpark (behind the Target shopping center): There is already a Home Depot and Lowes close to Moorpark in Simi Valley. In Moorpark there is already a Do It Center. Home Depot in Moorpark would bring in a lot more traffic along New LA Avenue - there is already more than enough traffic on that street. Don and Lisa Gordon residents of Moorpark Page 9 of 14 - - - -- Original Message---- - From: PBraun Sent: Tuesday, May 30, 2006 2:51 PM To: Moorpark Subject: Proposed Home Depot Dear Counselmembers: I am a resident of the Serenata development in Moorpark. Our June newsletter contained an advisory that the city of Moorpark is considering a proposal to put a Home Depot in the area behind Target. Why? We have a Do -It- Center on the west end of town, not to mention a Lowe's and [another] Home Depot in Simi Valley. It appears the west end of Moorpark does not receive an abundance of business as it stands, let alone if the Do- It- Center is forced to compete with yet another home improvement center. I can't believe the residents in the developments around the Target and soon -to -be PetCo shopping centers applaud the addition of another proposed eye -sore in the neighborhood. Why don't you consider giving them a break and put in a park or, at the very least, if money is the motivating factor, an upscale store or group of stores? Sincerely, Pat Braun p� �, 1�`.5 Page 10 of 14 - - - -- Original Message---- - From: JULIE STAMAND Sent: Tuesday, May 30, 2006 3:21 PM To: Moorpark Subject: Serenata Resident - My input on Home Depot in Moorpark To My City Council Members - As a resident of Moorpark and lifetime resident of Ventura County, I feel compelled to offer my input on the possibility of Home Depot being allowed to build another store, and hope it is of use in your decision making process. I am currently able to drive 6.73 miles and be at a Home Depot (Simi Valley) Or ... If I'm in a Lowes mood, 7.3 miles and I'm at the NEW Lowes in Simi Valley. But, Even better, I can drive 1.75 miles and be at the MOORPARK Do -It Center. I CHOOSE to visit the Do -It center to keep the tax revenue in Moorpark, and because the Do -It center occupies a portion of the building that had been vacant for so long after K -Mart closed. I love the fact that the Do -It center has the small town feel, with all the ammenities of a large scale hardware store. I love the fact it drives business to Take Sushi, Ultima Salon, and the new wonderful Pandiera Bakery. Lets work on getting that other portion of the building leased. Not build another huge store. I know a Home Depot would bring new tax revenue to Moorpark. But, honestly ... any new retail would bring the revenue. I personally don't need another huge box style home improvement store. I need some additional FAMILY dining options. I would love some new family style shopping, like the Target shopping center is already creating. Please consider placing this land up for other uses to improve Moorpark. Of course, develop it to bring in tax revenue. I get it... the need for tax revenue. But a 4th Home Improvement store in less than 7.5 miles of our home is not what we need OR WHAT I WANT. Thanks for reading this. I know your busy. Sincerely - Julie St. Amand Page 11 of 14 w - - - -- Original Message---- - From: HELEN WILLCOX Sent: Tuesday, May 30, 2006 4:42 PM To: Moorpark Subject: Home Depot Proposal Please, Please, Please DO NOT allow a HOME DEPOT to build in our neighborhood!! We live in homes directly behind Target off Miller Parkway ... the traffic here is already too busy a pace for a small neighborhood, by a park (where many of us walk to) and close to schools! We already have increased traffic from the Target center and the new develpment housing Staples and PETCO will make it much worse. We just had a new Do It Center put in the Albertson's shopping center which will surely go out of business if Home Depot is three blocks away. Please consider the reason these families bought a house in this area in the first place ... to move away from the city traffic and live in a semi -rural environment. The more large businesses you bring in the more it takes away from our privacy. Thanks, H. Willcox (Household with two voters) - - - -- Original Message---- - From: Mike Sergott Sent: Tuesday, May 30, 2006 8:37 PM To: Moorpark Subject: Proposal to build Home Depot behind Target Dear City Council members: I am a resident of the Serenata community in Moorpark and just learned of a proposal to build a Home Depot in the empty lot behind Target. I would like to wholeheartedly support this proposal, as it brings valuable services to our community. I would like to see Moorpark grow into a desirable neighborhood to visit and live, and believe that the addition of Home Depot to the Moorpark Marketplace would aid in this goal. Please feel free to contact me regarding this issue. Kind regards, Tania Sergott Page 12 of 14 OO4 1,, , - - - -- Original Message---- - From: Sandy Krutilek Sent: Wednesday, May 31, 2006 11:21 AM To: Moorpark Subject: Home Depot in Moorpark Our family and friends are absolutely against a Home Depot in lovely Moorpark, bringing in more traffic congestion mingled with the those big trucks that clog Los Angeles Ave. and devalue our property. We intend to vote against any council member who approves of the Home Depot. Scott and Sandra Krutilek - - - -- Original Message--- - From: JAN GREENWOOD Sent: Monday, June 05, 2006 9:14 PM To: Moorpark Subject: Home Depot Council members, I am opposed to a new Home Depot being built behind the Target Store. The only way in or out of this store would be Miller Parkway. This will create massive traffic problems on Miller parkway. You are placing children in jeopardy as you have a middle school and a public park on Miller parkway. You will have commercial Truck traffic on Miller Parkway, and I don't think Miller Parkway is rated for commercial truck traffic. Finally I don't see the need, we have two hardware stores in town and a Home Depot and a Lowe's within five miles. John & Jan Greenwood Page 13 of 14 Ohi'i - - - -- Original Message---- - From: Blanca Garza Sent: Tuesday, June 06, 2006 11:22 AM To: City Council, Barry Hogan; Joe Vacca Subject: Phone Message: Ann Annese (805) 531 -9799 - Home Depot Good morning! I received a call from Ann Annese (531 -9799) who lives in the Serenata community. She requested to leave a message for the City Council and Planning Commissioners regarding her concern with Home Depot being built in the proposed location as it is too close to homes, schools and churches and it will make the traffic situation worst. She is also concerned it will cause a similar situation as the issues the City is having at Tipsy Fox. She does not feel the City needs a Home Depot as the one in Simi is close but if we do get one in Moorpark she feels a location that is more industrial would be better. Page 14 of 14 ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director DATE: March 13, 2006 (PC Meeting of 06/27106) SUBJECT: Consider Amendment No. 1 of Downtown Specific Plan No. 1995 -01, A Request to Amend the Downtown Specific Plan to Provide More Specific Direction Regarding Development and Architectural Style in the Commercial and Residential Areas BACKGROUND In October 2005, the City Council adopted an interim moratorium on development in non- residential zones of the Downtown Specific Plan Overlay Zone and on decreased parking requirements in the Downtown area. In December the Council extended the ordinance until December 8, 2007, at which time the moratorium will expire. The moratorium could be lifted earlier by the Council upon adoption of new parking requirements and development regulations. To address the issues the following items must be amended: • Chapter 17.24 -Lot Area and Coverage, Setbacks, Heights and Related Provisions • Chapter 17.32 - Parking, Access and Landscaping Requirements • Chapter 17.72 — Downtown Specific Plan Overlay Zone (SP -D) • The Downtown Specific Plan text and exhibits Proposed amendments to the above referenced chapters are discussed in a separate report on this same agenda. Discussion of the proposed amendments to the Downtown Specific Plan text and exhibits are discussed further in this report. DISCUSSION The Moorpark Downtown Specific Plan was adopted by Resolution 98 -1515 on October 7, 1998. When the City Council adopted Resolution 98 -1515 it included the text of the Specific Plan, all 181 pages. The Specific Plan is comprised of five sections: \ \Mor_pri_serv\City Share\Community Development \DEV PMTS \S P\Downtown Specific Plan\Amendments to the SP\Ngenda Rpts\pc 060627 doe 0 0 _g v, Honorable Planning Commission June 27, 2006 Page 2 • Introduction • Land Use and Zoning • Circulation and Streetscape Beautification • Public Utilities, Infrastructure, Services and Safety • Implementation and Administration of the Specific Plan. This proposed amendment covers the following: A general renumbering of the Sections, Tables, Figures and pages due to the amendment and to provide ease in use of the Specific Plan • Amendment to Section 2.0 Land Use and Zoning • Amendment to Section 3.0 Circulation and Streetscape Beautification Section 2.0: Land Use and Zoning: This section would be entirely deleted and replaced with Attachment 1. Staff has removed all of the repetition of the Zoning Ordinance for the various zones, signage, and parking and clarified the guidelines for development in the Residential and Commercial areas. In particular, the Commercial area has been tailored to provide a more eclectic architectural pallet for High Street, eliminating the "Western Themed" architecture and focusing on the "Early American Commercial" and "Spanish Mission" architectural styles. Photosimulations of existing buildings have been included to illustrate the potential for change consistent with the amended Specific Plan Guidelines. The photosimulations are not requirements but merely a depiction of one way in which the existing buildings could be modified to meet the Guidelines. The Guidelines do not require the retrofitting of the existing commercial buildings. Section 3.0: Circulation and Streetscape Beautification: This section would be entirely deleted and replaced with Attachment 2. Staff has removed all of the repetition of the Zoning Ordinance with respect to the Circulation Element of the General Plan and to the parking sections of the zoning ordinance. In particular, Figure 7 has been removed since it is a repeat of the Circulation Element Map. Figures 8, 9, 10, 11, 12, 13 and 14 have been deleted since they are not representative of the concept for the area. New figures have not been substituted. The amended design and development standards allow for a broader variety of development than shown in the previous conceptual site plans. ANALYSIS The moratorium was adopted to allow the City to address two particular issues, parking and commercial development standards. In order to address these issues without a wholesale restructuring of the Specific Plan, staff has proposed to amend Sections 2 and 3 in their entirety. Honorable Planning Commission June 27, 2006 Page 3 Section 2.0. Land Use and Zoning: The most significant change in this section is to provide greater design direction relative to commercial development on High Street and Moorpark Avenue. References to the "western" themed architecture have been replaced with Early American Commercial and Spanish Mission Commercial styles of architecture. Working with an architect, Roger Cantrell, staff and the architect have developed photosimulations taking the existing buildings and applying the development and design guidelines. Examples using photosimulations of "this" not "that" are provided to show how the proposed design and development requirements can be met on the existing buildings. Also included are examples of existing buildings that show architecture that might be used to meet the design guidelines for the commercial area. Both the photosimulations and the commercial building examples are shown as Appendix 1 and 2. The City's Zoning Ordinance contain the latest list of uses, development requirements such as setbacks, building height, lot size, lot width and depth, second dwelling units and sign requirements. No changes in the land use plan or the existing zoning map are proposed. The other significant change is to the incentive program contained in Section 2.3.3. This section has been revised so that the incentive program works better with the existing lot sizes in the target area, i.e. RPD zoned land. The development and design requirements must still be met in order to achieve the increased density. Amendment to Section 3.0 Circulation and Streetscape Beautification: The most significant change in this section is the deletion of the figures showing the Vision Plan since they no longer represent the vision for the downtown specific plan commercial areas. The previous circulation section has been eliminated in favor of compliance with the City's Circulation Element. There was no need to repeat portions of the Circulation Element in the Specific Plan. This amendment will eliminate any future conflicts with the Circulation Element. PROCESSING TIME LIMITS Time limits have been established for the processing of these amendments through the adoption of the extension of the downtown moratorium which will expire on December 8, 2006. The following timelines have been established for action on this project: Planning Commission Action Deadline: September 26, 2006 City Council Action Deadline First Reading: October 18, 2006 City Council Action Deadline Second Reading: November 1, 2006 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 of <� 1 Honorable Planning Commission June 27, 2006 Page 4 project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of 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 -2006- recommending to the City Council approval of Amendment 1 to the Downtown Specific Plan. ATTACHMENT: Draft Resolution recommending to the City Council approval of Amendment 1 to the Downtown Specific Plan. RESOLUTION NO. PC -2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENT NO. 1 OF SPECIFIC PLAN NO. 1995 -01, A REQUEST TO AMEND SECTIONS 2 AND 3 OF THE DOWNTOWN SPECIFIC PLAN TO PROVIDE MORE SPECIFIC DIRECTION REGARDING DEVELOPMENT AND ARCHITECTURAL STYLE IN THE COMMERCIAL AND RESIDENTIAL AREAS WHEREAS, on December 8, 2005, the City Council adopted a moratorium on development in non - residential zones of the Downtown Specific Plan Overlay Zone and on decreased parking requirements in the Downtown area which expires on December 8, 2006; and WHEREAS, at its meeting of June 27, 2006, the Planning Commission conducted a duly- noticed public hearing on Amendment No. 1 of Specific Plan No. 1995 -01, a request to amend Sections 2 and 3 of the Downtown Specific Plan to provide more specific direction regarding development and architectural style in the commercial and residential areas, 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. 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 No. 1 of Specific Plan No. 1995- 01, a request to amend Sections .2 and 3 of the Downtown Specific Plan to provide more specific direction regarding development and architectural style in the commercial and residential areas, 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 approval of Amendment No. 1 of Specific Plan No. 1995 -01, a request to amend Sections 2 and 3 of the Downtown Specific Plan to provide more specific direction regarding development and architectural style in the commercial and residential areas, as recommended by staff and shown in Exhibits 1 and 2, attached. PC ATTACHMENT 04,1154 Resolution No. PC -2006- Page 2 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 27" DAY OF JUNE, 2006. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit 1: Section 2 Exhibit 2: Section 3 0 EXHIBIT 1 2.1.1 Planned Land Use and Zoning As discussed in Section 1.5, Relationship to City Plans and Programs, the City's General Plan sets forth a number of policies that encourage revitalization of the downtown with respect to land uses, parking, and business attraction. In order to further this goal, a Specific Plan Overlay zone has been established which sets forth development requirements that are different from those of the base zoning within the Downtown Specific Plan area. The specific land uses and zoning for the Downtown Specific Plan Area are shown on Figure 5 and 6. The development requirements indicated in Section 2.2 of this Specific Plan take into account t the existing downtown conditions and General Plan policies to intensify land use, increased aesthetics, as well as plan for a mix of commercial neighborhood, commercial retail, general commercial, office, single and multi - family residential, institutional and industrial uses. A. Organization of Specific Plan Development Standards and Design Guidelines Sections 2.2.1 through 2.2.8 of this Specific Plan address the land use, zoning and permitted and conditional uses in the Specific Plan. These sections are categorized into specific site development standards and more general design guidelines. Each category is discussed with respect to site planning standards, permitted density, design guidelines, and landscape standards that will guide new development or expansions of existing development within the downtown. Following the development standards and design guidelines for each zone (Sections 2.2.1- 2.2.8) is a discussion of private property maintenance, renovation and expansion (Section 2.3). This section is intended to supplement the various land use standards and guidelines, as well as specify a program for lot consolidation and building renovation in the Plan area. 2.2 Development Standards and Guidelines for Specific Plan Zones 2.2.1 Single Family Residential -(R -1) A. Site Development Standards 1. Land Use and Permitted Uses Uses in the Single Family Residential designation shall meet the requirements for the R -1 designation as shown in Chapter 17.20 of the Moorpark Municipal Code. 2. Development Requirements Development in the Single Family Residential designation shall meet the requirements for the R -1 designation as shown in Chapter 17.24 and Chapter 17.38 of the Moorpark Municipal Code. 3. Fences and Walls Fence design shall be used to reinforce the architectural theme of the house but shall meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. a. Low, painted picket fences or solid stone or brick walls, a maximum of three (3) feet high, are encouraged around front yards promoting an open neighborhood' atmosphere. b. Tile detailing is. encouraged in such cases where column pilasters may be used. !TPA L: 4. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 5. Second Dwellings Second dwellings shall meet the requirements of Section 17.28.020G of the Moorpark Municipal Code. 6. Maintenance and Renovation: Quality maintenance of existing buildings and parcels, combined with gradual progression in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in section 2.3.1 to 2.3.2 apply to the Single Family Residential designation. B. Design Guidelines General Character - 1900's California Bungalow and Early American These design guidelines shall apply to all Single Family Residential areas in the Specific Plan area. Downtown residential architecture consists primarily of early 1900's California bungalow style, integrated with Early American style structures. These guidelines apply to new construction as well as replacement and expansion of existing structures to preserve and strengthen historic neighborhood character. Modern interpretations of these styles are also acceptable they maintain integrated massing and blend with the surrounding neighborhood. 1. Building Form and Massing All housing constructed within the Single Family Residential areas of the Specific Plan must be consistent with the Moorpark General Plan. a. The buildings and building additions should be carefully massed and articulated to blend with the existing historic neighborhood. Building additions and expansions should be of similar form and proportionally massed with the existing structure. b. The building mass should be softened with architectural features such as garden walls, porches, balconies, and trellises. c. The building form should clearly define entries using roof forms, stoops (elevated porch), and porches. d. The building form should de- emphasize garages and garage doors by locating them behind the main building. EX -vSE {n= TER- `,'l.S �J s ,..!..,.r . ....... ..... sr: ,....�.. C. ,., ,..a ,...... 2. Roof Form Roof forms and details must be consistent with the Early American and California Bungalow style architecture of the surrounding neighborhood. Dormers, eaves, exposed rafter tails, exposed roof beams, detailed corbels, and triangular knee braces are common elements of this style. Appropriate roof forms include gable, shed, and hip roofs with a low pitch (3:12 - 4:12). 0'1 1 ., Zlb i- V F_zar+pkr of c!v 19�J's (:alifornw Bungai�ur tnir � 1. Building Form and Massing All housing constructed within the Single Family Residential areas of the Specific Plan must be consistent with the Moorpark General Plan. a. The buildings and building additions should be carefully massed and articulated to blend with the existing historic neighborhood. Building additions and expansions should be of similar form and proportionally massed with the existing structure. b. The building mass should be softened with architectural features such as garden walls, porches, balconies, and trellises. c. The building form should clearly define entries using roof forms, stoops (elevated porch), and porches. d. The building form should de- emphasize garages and garage doors by locating them behind the main building. EX -vSE {n= TER- `,'l.S �J s ,..!..,.r . ....... ..... sr: ,....�.. C. ,., ,..a ,...... 2. Roof Form Roof forms and details must be consistent with the Early American and California Bungalow style architecture of the surrounding neighborhood. Dormers, eaves, exposed rafter tails, exposed roof beams, detailed corbels, and triangular knee braces are common elements of this style. Appropriate roof forms include gable, shed, and hip roofs with a low pitch (3:12 - 4:12). 0'1 1 ., a. Mansard roof forms should only be used when and if the building emulates a traditional style that employs mansard roofs (e.g. Victorian, Beaux Arts, etc.). The following guidelines should apply to buildings with such roof form; 1. Dormer windows and other architectural features should occupy a minimum of twenty -five percent (25 %) of the roof length. 2. Buildings should be three (3) stories in height. 3. Roof design should enclose no more and no less than one (1) floor of habitable space. SHED DORMER HIP DORMER 4 GABLE DORMER 3. Materials Building materials should reflect quality, durability and consistency, when possible, with the materials used throughout the surrounding neighborhood. Appropriate building materials include horizontal and vertical wood siding, stucco of varying surfaces and brick and stone occasionally used as accents, particularly along the building base. a. Appropriate roofing materials include architectural grade asphalt shingles, concrete tile or slate, or integrally colored concrete roof tiles. Shake roofs are not permitted due to their high fire hazard nature. b. All stucco wall materials should be smooth, unsanded surfaces to prevent collection of dirt, surface pollutants, and surface paint deterioration. Textured stucco is not encouraged unless it is hand troweled or float finished. c. Vivid stripes, arches, tile inlay, or similar architectural accents should be used to reinforce traditional style. 4. Windows �J Window proportions and detailing should reflect the architectural style of the early 1900's by incorporating key elements such as recessed windows, wood framing, detailed or ornamental molding around openings, multi - paned windows and window flower boxes. a. All windows within a building should be related in operating type, proportion and trim. Unifying elements such as common sill or header lines are preferred. b. Window placement should consider privacy of adjacent residences. c. Vertical rather than horizontal windows are consistent with the desired bungalow and Victorian style architecture and are encouraged. d. Painted wood window accents reflects the Victorian and bungalow style architecture and is encouraged. Built -up sills and trim should be used to create surface relief and texture. e. Glass should be inset a minimum of three (3) inches from the exterior wall surface to add relief, especially in stucco buildings. f. Silver or gold metal window frames with large, glazed glass panes and dark tinted or reflective glass are discouraged. 5. Front Doors and Garage Doors Front doors as well as garage doors are a critical, visual element and should be carefully selected and detailed. a. Front doors should be wood with decorative panels and /or multi -paned windows. b. Metal garage doors are discouraged unless panel detailing is used. c. Garage doors should be Nice hone entry ecampLe � recessed into the garage wall and multi - paneled to provide relief. Decorative panels and /or windows are encouraged. Decorative panels and /or windows are encouraged. s r. 6. Front Porches Front porches are a key architectural element which help define the home entry, unify the neighborhood street scene and encourage physical activity near the street. a. Elevated porches with gable overhangs are traditional elements of the bungalow architectural style and are encouraged. b. Victorian and bungalow style porches should include overhangs, heavy wood trellis structures or traditional lattice or picket surround courtyards whenever possible. I� 7. Garbage /Recycling Areas Storage areas for garbage and recycling bins shall be provided. Storage areas should be shielded from street view using landscaping or fencing on all sides. 8. Mechanical Equipment Mechanical equipment, satellite dishes, and utility meters should be screened from view using landscaping, decorative fencing or roof parapets. Whenever possible, roof - mounted equipment should not be permitted unless it is screened from view. 9. Accessory Structures Trellis, pergolas, gazebos and other outdoor structures are encouraged provided they meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. Materials and colors should match or complement those of the main residence. Srnple wood h'r((r t' ith 10. Energy Efficiency Structures should be designed to incorporate passive and active solar features, when possible. 11. Wall Articulation All building walls should have staggered planes to create interest. Avoid large blank wall surfaces. Architectural elements that add scale or interrupt the wall facade are encouraged, such as trellises, bay windows, courtyards, and porches. 7in'rerv, 'Yrciun ; +s. "and uthr.r gpecud fentttrrs are common i:'ith Vicuuiarr arrkitec•ture C. Landscape Guidelines A variety of elements adds interest to the wa<! plane New planting within the Single Family Residential zone should be consistent with the Suggested Plant Palette shown in Table 5 of this Specific Plan Section. 1. Planting Water is a limited resource in California and drought remains a recurrent environmental concern which should be addressed within the overall landscape design. Landscaping materials should be selected with consideration for water requirements over the lifetime of the plants. The use of plants with low water requirements, particularly plants that are considered drought - tolerant, and the use of efficient irrigation systems is strongly recommended. a. Eighty percent of the selected plant material should be drought tolerant. b. All planting area watering systems should be properly designed to conserve water and minimize the amount of runoff. c. Conservation techniques such as the use of drip irrigation should be explored and, given the soil constraints, may be the most effective means of irrigating the residential landscape. Urban runoff from buildings, for example air conditioning units, may be reclaimed and used for landscape irrigation purposes. d. Plants should be arranged in groups and spaced to allow them to develop in masses. Avoid spacing plants so far apart that (fit individual shaping is a temptation, unless they are designated as a single specimen plant. e. Formal perennial planting may be appropriate at entries or along walkways. f. Trees should be used to create an intimate scale, enclose spaces, frame views, but their placement should respect views from downtown to the surrounding hillsides. The use of Pepper trees is encouraged. g. Landscape structures (decks, trellises, arbors, gazebos, etc.) should be used to provide entry accents, shade or enhance the building structure. Colors applied to the structure must be complimentary to the building. Plastic and metal structures are not permitted. Table 5 DOWNTOWN SPECIFIC PLAN SUGGESTED PLANT PALETTE 04TANC L Nnussss GROUrocOVens: Baecharts puilaris ?Min Peaks' Cemstfum bmentowm Festuca ome'Gfawn' Garania sap. Hedera h*& Hyp -irum caWsurn Junjoerus conNRa Lantana montevidensis Liriope apicats Lorucera jeponaa Petargoniumpeiretum sateen' Roamennus offfcnaks TradrMoepemwm/esminoides Yarbena peruviens . ViNes: Rose ssp. Dislictis bucanatode Fives pumda Hatdenbergia violecss Jasmiwm po(ywdhum MandevEs Atka du Pont' Passd)bra alatocamles SHMMS Agapanthus ssp. and Clstus $V. POWN&AILS: COnwa sariiaea Dietes vsgete Oiosms putchrum Echiwrr fastuowm Erigaon karvksakwus Eurygospan&wWs Wdis' Ilex sap. HensatocaPts hybrids Hmiscus rose- s0wasa Hydrangea macraphyla Lantana ssp. Lavanduib LiguMnfm ssp. Lyo w*w rsrNonnei Piftospaum tobira PlumbagO aurfCtdata Raphb*k S ndica Rose ssp. Sallie ssp. SONS K490M Tubeghie *Wea Tn�s: Albino tulibrissin Cirrus Ficus mfcrocarpa 'Groan Gem' Jacaranda mfnsos>'folis Lage/sAoemia irtdice Prunes asp. Schima MONO Comm NAM Coyote Bnrsh Snow in Summer Blue FOWW AM Enptbh fvy St JOhns►tiwt NCN CreepivLly ruff Japanese HoneysucMe tvyGeratsium Roasm-y StarJasmins hav OW- Fashioned Ctirnbing Rose Bbod -red Trumpet Ysne CmsepngFig Happy Wa -Wsfw Pink Jesasm ACN Passion Who Lily of the Nile Rockrose FofMk" Lily Breath of Heaven Pride of Madura Santa Barbara Dabs Euryops Daisy Mok DOYNY Hlbiscus NM Lawscier Prhw P&W-YMWftftRd* NCN Cape Pfumbago Indian Hewd)UM Raw Sve Jac Society Genic slk rr" Cirrus Lau#W ft Jacaranda Craps A" Fibwe*VPhrm and Chwry Cafe WM flapper Note. Additional plane species may be substituted for the species 4:;t d about, if such species am fowl to be consistent with the architectural themes encmmved in the Downwwrs Specific Plan, and #mU not result in damage to infrasnuchm or become a maintenance problem for the public Mee and Side- w& aseas. OOI ACr 2.2.2 Two - Family Residential (R -2) A. Site Development Standards 1. Land Use and Permitted Uses Uses in the Two - Family Residential designation shall meet the requirements for the R -2 designation as shown in Chapter 17.20 of the Moorpark Municipal Code. 2. Development Requirements Development in the Two - Family Residential designation shall meet the requirements for the R -1 designation as shown in Chapter 17.24 of the Moorpark Municipal Code. 3. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 4. Maintenance and Renovation Maintenance and renovation for the Two - Family Residential designation shall comply with the maintenance and renovation for the Single - Family Residential designation contained in Section 2.2.1. B. Design Guidelines Design Guidelines for the Two - Family Residential designation shall be the same as the guide- lines for the Single - Family Residential designation as contained in Section 2.2.1. C. Landscape Guidelines Landscape Guidelines for the Two - Family Residential designation shall be the same as the guidelines for the Single - Family Residential designation as contained in Section 2.2.1. 2.2.3 Residential Planned Development (RPD) A. Site Development Standards The Residential Planned Development is to provide a flexible regulatory zone to encourage creative and innovative design. These units should be well articulated as individual or collective units, and act as a transition between Single Family Residential and the Old Town Commercial Buildings. The design of the units shall generally be oriented toward the street with parking to the rear behind the units. 1. Land Use and Permitted Uses Development in the Residential Planned Development designation shall meet the requirements for the RPD designation as shown in Chapter 17.24 and the use requirements as shown in Chapter 17.20 of the Moorpark Municipal Code. 2. Development Requirements The density maximums within the Residential Planned Development area have been established to encourage lot consolidation and redevelopment of under developed or declining properties. The maximum permissible density is 20 units /acre. The maximum can only be achieved when it is for a low /very low or senior housing project. Section 2.3.3 Building Expansion and Renovation provides for increases in density beyond the low end of 7 dwelling units per acre. This section allows for increased density under certain standards and conditions. 3. Fences and Walls Fence design should be used to reinforce the architectural theme of the building and shall meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. a. Low, painted picket fences or solid stone or stucco -face walls are encouraged around front yards promoting an open neighborhood atmosphere. b. Iron grillwork and the detailing is encouraged on stone or stucco space walls or on corner pilasters. i q I Ii Rog U •WR .rY.. �rb�we�u Iw. c �v..r..,..w ...., w •v 4. Parking and Signing `— -- Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 5. Building Maintenance and Renovation Quality maintenance of existing buildings and parcels, combined with gradual progression in meeting design goals forth is land use designation is encouraged. To this end, the maintenance guidelines and incentives outlined in section 2.3.1 to 2.3.3 apply to the Residential Planned Development designation. B. Design Guidelines In addition to the Single Family Residential guidelines, the following design guidelines apply to the Residential Planned Development areas. All housing constructed within the Residential Planned Development areas of the Specific Plan must be consistent with the Moorpark General Plan. General Character- 1900's California Bungalow and Early American Downtown neighborhood architecture primarily consists of early 1900's California bungalow style, integrated with Western- Victorian and Early American style structures. These guidelines and standards apply to new construction as well as replacement and expansion of existing structures to preserve and strengthen historic neighborhood character. Modern interpretations of these styles are also acceptable if they maintain articulated massing and blend with the surrounding neighborhood. 1. Building Form and Massing Building form and massing is particularly important for these higher density buildings. The following guidelines will emphasize varied building forms and enable renovations or new construction to blend with the surrounding small lot single family development. a. Avoid designing buildings longer than 120 feet. b. Buildings and building additions shall be carefully massed and articulated to blend with the existing historic Charles Street neighborhood. Building additions and expansions should be of similar form and proportionally massed with the existing structure. c. Building mass should soften the structure's appearance with architectural features such as garden walls, porches, balconies, and trellises. d. The building form should clearly define entries using roof forms, stoops (elevated porch), and porches. e. Building form should de- emphasize garages and garage doors by locating them behind the main building. Where garages are separated from the primary structure, breeze -ways or an overhead trellis is encouraged to connect structures. �� <. 1.C� E-OLf w .kmt.dth Kd e. Building form should de- emphasize garages and garage doors by locating them behind the main building. Where garages are separated from the primary structure, breeze -ways or an overhead trellis is encouraged to connect structures. �� <. 1.C� 2. Unit Articulation Unit articulation will help diminish the massive look of large structures, and blend with the surrounding neighborhood. These guidelines are especially pertinent to those parcels along Charles Street that may be affected by the lot consolidation (aka. Spring Road) density incentives. a. The elevation of buildings backing up to public streets should be carefully articulated. b. Variety in roof levels and wall planes should be used to articulate buildings and reduce the building mass. c. To reduce the long facades of multi - family buildings they should be divided into shorter modules a maximum of 30 feet in width. This can be done with varied setbacks, vertical moldings, texture changes on the facade, porches, and balconies. fait cf i 3. Roof Form Multiple family buildings tend to be larger structures; it is important to articulate the roof forms to better blend these buildings with the surrounding smaller single family residential buildings. a. Breakup roof form with elements such as dormers, eaves, exposed rafter tails, exposed roof beams, and triangular knee braces. / / /I/ / \ /III rw Projection Rece3s Overhang Building ARicula on b. Appropriate roof forms include gable, shed, and hip roofs with a low pitch (3:12 - 4:12). c. Mansard roof forms should only be used when and if the building emulates a traditional style that employs mansard roofs (e.g., Victorian, Beaux Arts, etc.). The following guideline should apply to buildings with mansard roof forms. i. Dormer windows and other architectural features should occupy a minimum of twenty five percent (25 %) of the roof length. ii. Buildings should be three (3) stories in height. iii. Roof design should enclose no more and no less than one (1) floor of habitable space. 4. Materials Building materials should reflect quality, durability and consistency, when possible, with the materials used throughout the surrounding neighborhood. a. Appropriate building materials include horizontal and vertical wood siding, stucco of varying surfaces and brick and stone occasionally used as accents, particularly along the building base. b. Appropriate roofing materials include architectural grade asphalt shingles, standing seam metal roofing, concrete tile or slate, or clay or integrally colored concrete roof tiles. Shake roofs are not permitted due to their high fire hazard nature. c. All stucco wall materials should be smooth, unsanded surfaces to prevent collection of dirt, surface pollutants, and surface paint deterioration. Textured stucco is not encouraged unless the application is float finished. d. Vivid stripes, arches, tile inlay, or similar architectural accents should be used to reinforce traditional style, when appropriate. 5. Windows Window proportions and detailing on new structures and renovations should reflect the architectural style of the early 1900's by incorporating key elements such as recessed windows, wood framing, detailed or ornamental molding around openings, multi -paned windows and window flower boxes. On space building additions, windows should complement windows in the existing structure. a. All windows within a building should be related in operating type, proportion and trim. Unifying elements such as common sill or header lines are preferred. b. Window placement should consider privacy of adjacent residences. c. Glass should be inset a minimum of three (3) inches from the exterior wall surface to add relief, especially in stucco buildings. d. Silver or gold metal window frames with large, glazed glass panes and dark tinted or reflective glass are discouraged. 6. Front Doors and Garage Doors Front doors as well as garage doors area critical, visual element and should be carefully selected and detailed. a. Front doors should be wood with decorative panels and /or multi - paned windows. Metal doors are discouraged unless the detailing is similar to the wood doors. W 1 1-r' , b. Metal garage doors are discouraged unless panel detailing is used. c. Garage doors should be recessed into the garage wall and multi- paneled to provide relief Decorative panels and/or windows are encouraged. 7. Front Porches Front porches are a key architectural element which help define the home entry, unify the neighborhood street scene and encourage physical activity near the street. 4-ve a. Elevated porches with gable L.'i `--. overhangs are traditional elements of the bungalow architectural style and will help the larger structures blend with the surrounding neighborhood. b. Early American and Victorian style porches should include large overhangs, wood post structures with traditional bracketed and tapered porch columns whenever possible. 1..1 Muumcm 6 f.. 'd Clew 1..2 at a 11111— 11 mt,.% AbO" Mf nctaCorf TO the pc M ;71e l"Jol • OWO ,, I: "t"; az"". I "woUT oorot of tte. -Alto: Cxb 0q.—) 0".! 1 7,21 B. Garbage /Recycling Areas Storage areas for garbage and recycling bins shall be provided. Storage areas shall be shielded from street view using landscaping, walls or fencing on all sides consistent with City standards. 9. Mechanical Equipment Mechanical equipment and utility meters shall be screened from view using landscaping, decorative fencing or roof parapets. Whenever possible, roof- mounted equipment shall not be permitted unless it is screened from view. 10. Accessory Structures Trellises, pergolas, gazebos and other outdoor structures are encouraged provided they.meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. Materials and colors shall match or Srn:plr -o;:d trellis wi:h f<:r:da,:a: r:: pu ti ': rewc., athc, rrvr h:: ar:i : <ds krii complement those of the main structure. 11. Energy Efficiency Structures should be designed to incorporate passive and active solar features, when possible. C. Landscape Guidelines New planting within the Residential Planned Development zone should be consistent with the Suggested Plant Palette (Table 5) located in Section 2.2.1 C of this Specific Plan. 1. Planting Water is a limited resource in California and drought remains a recurrent environmental concern that should be addressed within the overall landscape design. Landscaping materials should be selected with consideration for water requirements over the lifetime of the plants. The use of plants with low water requirements, particularly plants that are considered drought - tolerant, and the use of efficient irrigation systems is strongly recommended. a. Eighty percent of the selected plant material must be drought tolerant. b. All planting area watering systems should be properly designed to conserve water and minimize the amount of runoff. c. Conservation techniques such as the use of drip irrigation should be explored and, given the soil constraints, may be the most effective means of irrigating the residential landscape. Urban runoff from buildings, for example air conditioning units, may be reclaimed and used for landscape irrigation purposes. d. Plants should be arranged in groups and spaced to allow them to develop in masses. Avoid spacing plants so far apart that individual shaping is a temptation, unless they are designated as a single specimen plant. e. Formal perennial planting may be appropriate at entries or along walkways. f. Trees should be used to create an intimate scale, enclose spaces, frame views, but their placement should respect views from downtown to the surrounding hillsides. g. Landscape structures (decks, trellises, arbors, gazebos, etc.) should be used to provide entry accents, shade or enhance the building structure. Colors applied to the structure must be complimentary to the building. Plastic and metal structures are discouraged. 2.2.4 Office (C -0) A. Site Development Standards 1. Land Use and Permitted Uses Uses in the Office designation shall meet the requirements for the C -O designation as shown in Chapter 17.20 of the Moorpark Municipal Code. 2. Development Requirements Development in the Office designation shall meet the requirements for the C -O designation as shown in Chapter 17.24 of the Moorpark Municipal Code with the exception of building height which shall be 35 ()g . k-- feet, maximum and no more than three stories high. Accessory structures (such as garages and patio covers) shall be 15 feet, maximum height. Front yard setback shall be a maximum of twenty (20) feet, an average of ten (10) feet and a minimum of zero (0) for every three hundred (300) feet of street frontage. The average setback shall be determined by taking the totaling the width three properties, i.e. the subject property and each adjacent property and then dividing by three. In no case, shall the width of the three properties be less than 300 feet. If the width is less than 300 feet then additional properties shall be used in the calculation to achieve at least 300 feet. The variable front yard setback takes into account the existing buildings with zero (0) to ten (10) feet setbacks while providing some visual relief along this reach of Moorpark Avenue. 3. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 4. Building Maintenance and Renovation Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in section 2.3.1 to 2.3.3 apply to the Office designation. 5. Walls Walls shall meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. Decorative masonry or stucco walls should be used to screen service areas, parking, and ground mounted mechanical equipment. Trash containers shall be enclosed by a masonry wall consistent with City standards. 6. Signage Signage shall meet the requirements 17.40 of the Moorpark Municipal Code B. Design Guidelines of Chapter vert:cat alto ont cumbntd 1. Architectural Character Early American Commercial Style The following design guidelines apply to the Office(C -0) zone as designated in Figure 6, the Specific Plan Zoning Map. The land zoned for Office uses are located adjacent to an existing single family residential neighborhood. Many of the structures on the east side of Moorpark Avenue are single family residences with driveways off of Moorpark Avenue as well as alley access to the rear of the property. Redevelopment of property along Moorpark Avenue and the design of the new office buildings along Moorpark Avenue should reflect the same architectural character desired on High Street but targeted to office usage. Due to the larger front setbacks exterior and interior courtyards can be utilized along with tower -like elements, turrets, loggias should be used to accent buildings and other architectural features. 2. Building Form and Massing Moorpark Avenue is an entrance to the downtown High Street area and as such should provide a transition from the modern day architecture found on Los Angeles Avenue to the more historic architecture of High Street. Use of varying stories and building height can provide visual interest and also lessen the impact of one story directly above the ground floor story. There should be a F m mlmum IVe (5) fOOt Smaller roof areas and overhangs break up the building n:as, setback for the second story from the ground floor wall in order to provide more visual interest and to minimize the towering effect of a single wall two stories high. The size and mass of a larger building should be softened to blend with the surrounding neighborhoods. A variety in roof levels and wall planes should be used to reduce the mass and bulk of the structure. 3. Site Planning a. Building faces for every three properties or 300 feet should front public streets with varying front setbacks from zero (0) to twenty (20) feet with an average of ten (10) feet, whichever is greater. V 4 L F• V ' �J i i i C. JL i o I P'­ b. Parking areas should be located to the rear of buildings whenever possible with access from the adjacent alley, when available. Reciprocal parking and access shall be required in order to reduce the driveway cuts needed along the public streets. c. Parking lots located near public streets shall be screened from view with substantial landscaping, berms, hedges, or low walls. d. Low walls within and along Moorpark Avenue should be used, where appropriate, to provide architectural and visual variety. The walls should be a maximum of three (3) feet high, located in such a manner so as to provide for landscaping from the back of the curb face to the wall in some instances, or adjacent to the back of curb in other instances, and /or combined with seating, trash containers, drinking fountains, and decorative features. The walls should be of durable construction material with the wall design consistent with the adjacent buildings, i.e. use of stucco over block, or brick, or slumpstone block, punctuated with decorative material such as tile, stone or brick. 4. Entries a. Entrances to individual office units should be easily visible from public areas. Avoid long balconies and corridors for access to units. b. Stairs, stoops, and porches are recommended to emphasize the entries and create attractive semi - public spaces. c. Stairway complement metal stairs are discouraged. location and building form. AW form should Prefabricated 5. Accessory Buildings Covered parking, patio areas and accessory buildings should be architectural compatible with the main building and shall meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. 6. Garbage and Recycling Areas Areas for garbage and recycling shall be provided in convenient locations enclosed by structures to shield from public views. Materials and detailing should be consistent with the overall project and consistent with City standards. 7. Lighting a. Parking lot and walkway lighting should provide appropriate levels of light for security and safety consistent with Section 17.30 of the Moorpark Municipal Code. b. Building and parking lot lighting should consistent with the Early American Commercial Style architecture. ....................... . c. Light poles should be appropriate for the building, complex and site. Height of light poles should not exceed the main building height. C. Landscape Guidelines New planting within this zone should be consistent with the Suggested Plant Palette shown in Table 5 of Section 2.2.1 of this Specific Plan. The following landscape guidelines apply to the Office (C -0) zone. 1. Planting a. Trees and planting should be used to soften the mass of larger buildings, shade parking lots, and accent important areas such as entries plazas, and courtyards. b. The use of large specimen trees (24" box material, minimum) as specified in the suggested plant palette is encouraged. Shrubs should be a minimum five - gallon, except where standard nursery and installation practices use one gallon. c. Top dressings should be a minimum 2" layer composted organic material to aid in weed control and conservation. d. Tree well grates should be used in the right -of -way area for the planting of street trees. 2.2.5 Old Town Commercial(C -OT) A. Site Development Standards 1. Land Use and Permitted Uses Uses in the Old Town Commercial designation shall meet the requirements for the C -OT designation as shown in Chapter 17.20 allowed by Section 2.2.5A.4 of the Moorpark Municipal Code. h 2. Development Requirements Development in the Old Town Commercial designation shall meet the requirements for the C -OT designation as shown in Chapter 17.24 of the Moorpark Municipal Code with the exception of building height which shall be 35 feet, maximum. Architectural elements such as towers, chimneys, and parapet walls may have a maximum height of forty (40) feet. Parapets used as architectural accents may exceed the maximum height when approved by the Community Development Director. 3. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 4. Building Maintenance and Renovation Quality maintenance of existing buildings and parcels combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of this Specific Plan apply to the Old Town Commercial designation. 5. Mixed Use Development A mixed commercial - residential use project is a project in which commercial uses will occupy the entire street level of a building or group of buildings, and residential uses will occupy portions or all of the upper floors of that same building(s). The intent of allowing for mixed use projects in the Old Town Commercial District is to provide continuous frontage of retail shops and commercial business establishments at the street level, while providing opportunities for downtown residential living. The following requirements shall apply to these mixed use projects: a. The primary use shall be commercial and the residential use shall be secondary to the commercial use of the property. b. The street frontage level of the commercial structure shall be utilized for commercial uses and not for parking. c. The entire ground floor or street level, with the exception of circulation access, shall be used exclusively for retail and other commercial uses and no dwelling shall be permitted to be located in whole or in part on the ground floor or street level. d. All parking spaces required by the residential use shall be provided on -site to serve the residential units and shall be specifically designated and reserved for the exclusive use of the residents. e. Where a project consists of more than ten (10) units, the project shall be clustered in two or more buildings to reduce building mass and create architectural interest. f. Wall planes for buildings shall have design articulation consistent with the design standards set for all buildings in the Old Town Commercial district. g. Direct access for parking areas and driveways is discouraged along High Street. Access for parking and driveways shall be taken from adjoining alleys or alternative streets when available. If a parking area or driveway cannot be designed to avoid access from High Street the driveway and parking area shall not occupy more than 40% of the lot frontage, leaving the majority of the lot width for commercial store front development. h. Driveway access to parking shall be taken as close to a side lot line as is feasible, rather than from the middle of the lot frontage. i. Additions to existing buildings shall be designed to be integrated with the existing building when the Community Development Director has determined that the existing design is in conformance with the Downtown Specific Plan. The new O , I I V� addition should match the original in terms of scales, architectural details, window and door styles and openings, roofline, materials, color and other aspects of design. j. Where a large addition is developed the entire building should be renovated to achieve a single, coordinated appearance. B. Design Guidelines 1. Architectural Character High Street was the original "main street" of Moorpark and today is an eclectic mix of architecture including many architectural styles. The eclectic nature of the architecture is part of the charm of the historic street and should be encouraged within the classic 1920's Commercial Style architecture. Some Spanish Mission or Santa Barbara Spanish may also be appropriate on certain lots along High Street although it was not specifically used on High Street. Contemporary interpretation of these styles should be used in the Old Town Commercial zone today. The two primary styles below are encouraged as the architecture of preference in the Old Town Commercial Zone. a. Spanish Mission Style This style was not historically used along High Street although it is a common style in the region. It is characterized by the use of arches, patios, porticos, architectural features such as cornices, decorative plaster and cement ornamentation, wrought iron. Plastered or stucco walls punctuated with colorful, sometime ornate Spanish, Mexican and mosaic tiles are also prevalent in addition to smooth plastered walls. Interior patios or atriums with fountains and gardens are often found along with red clay tile *flooring within and in patio areas of the buildings. Often the use of deep opening for windows and door are used building fagade and to provide relief from the sun. b. Early American Commercial Style to accentuate the Throughout America, a significant number of _— r__ :- PA >rT;A., commercial structures 1 were built in the 1920's .. � � - .�4Va�S .:•::WhC: 4vAIN r' T dASf iFF ?TMEh' and 30's which adapted js� •'�-° '� `: 1 ' -i 1' I ? F iii. 1 `-F K:'N� 'rV P 4;-;0.' NE-)WS . ?C -,RS the more ornate styles of classical, Greek Revival, and Chicagoan architecture to a more simplified, plain commercial style. Such architectural treatments were done to emulate these ornate styles in a less expensive way. This architectural solution was especially popular in smaller towns throughout California where property owners were not wealthy enough to construct highly ornate buildings, more typically built Early American Commercial Architecture in larger urban areas. These more modest structures exhibit only some of the characteristics known to the more ornate architectural styles, such as parapets with caps and finials, multi - paned windows, canvas awnings, and decorative base treatments. This architectural style allows for a healthy mix of building details and can be blended with more traditional eastern elements such as brick and mortar buildings or wraps and ornate cornice or frieze details. 2. Building Form and Massing a. Building form and massing should promote continuity of the street scene. The size of new structures should be compatible with adjacent buildings and neighborhoods. � :., o b. To create a less massive building, the building mass should vary in modules of 50 feet or less. Buildings with frontage of longer than 50 feet should have vertical architectural features such as columns or pilasters every 25 to 30 feet. c. The use of towers and other accent elements on corner buildings and key entries is strongly encouraged. 4: ` 43, -145 - d. Provide convenient pedestrian ` circulation and architectural interest. Corner buildings should incorporate features such as angled corner and walk- through arcades, interesting signage and store fronts. CURNU TURRNI' CUT COIANER C MNER DISTT.AY WINIIUW e. Special architectural features such as towers, turrets, and loggias should be used to accent buildings at street comers, at the terminus of a street, alley, or pedestrian way, and at other highly visible locations. f. Two to three -story buildings should be located around prominent intersections and public plazas. g. "Four -sided architecture " - exterior facade detailing and architectural treatment on all sides of buildings readily visible to the public should be used. h. "Corporate architecture" and generic designs are discouraged. Each project should be designed to address the downtown goal to create a pedestrian atmosphere with quality architecture rich in detail. 3. Service Areas a. Service areas including trash and recycling containers, mechanical equipment, and satellite dishes should be located behind buildings screened by landscaping and enclosed by masonry walls that are architecturally compatible with the building design. r. zr:Y b. Parapet walls, or fully enclosing mechanical equipment should be used to screen public view of roof tops and roof top mounted mechanical equipment.. Placement, material, and color of roof screens shall be architecturally compatible with the building design. c. Loading areas and service bays should be located at the rear of buildings, when possible, screening them from public view. 4. Roof Forms - - — .. <,J"f: U1. i 1_! - Inspired by the architectural styles of the early 1900's, new or renovated roof forms 6iY• should be compatible with existing roof j forms in downtown Moorpark- - - -- predominantly flat roofs with parapets and a few pitched, gable roofs. Continuous or false mansard roofs that are not compatible with the style of architecture allowed in the Downtown Specific Plan are discouraged. 0 1 `' a. Parapet wall designs should be used on flat roofs to add architectural variety. It should have detail articulation and features such as corner treatments and continuous banding. b. Parapet walls, whether simple or ornate, should always include a cap and corner detail to enhance a building's identity. c. Parapets should be integrated ; . — . -M into the building. If the backside of the parapet is visible, it should be -- -- appropriately detailed. When parapet roofs are used on long structures with multiple tenants, the building should be designed with two or more facades and parapet roof forms. d. Decorative chimney caps or bell tower turrets are encouraged. e. Varied roof forms within a building such as tower elements, gabled roofs, extended eaves with rafters or corbels, can also be used to add interest and to create an authentic Early American style building. f. Where gabled or pitched roofs are used careful integration with the primary building and adjacent buildings should be considered in design. The gable end, or in the case of a multiple pitched roof, the predominate gable end should face High Street. Slopes of pitched roofs should not exceed 3:12 and 6:12. 5. Windows and Doors Entrances to commercial buildings should be prominently located. Windows and doors should be carefully detailed. Quality framing, molding, detailing, and window box treatments should be used as accents where possible. a. Recessed windows and doors create interesting shadows and are common of Early American Commercial style architecture. Windows should be recessed from the exterior wall plane a minimum of three (3) inches. Doors should be recessed from the exterior wall plane a minimum of six (6) inches. b. Transom windows located above storefront windows can provide horizontal consistency and add interior light throughout the downtown. c. Consistency between window styles and door frames should be maintained throughout the structure to unify building facades. d. To minimize the expansive nature of glazed windows which can detract from the desired historical character in Old Town, the use of multi -paned windows and mullions is recommended in window and door designs. e. Entrances and doors should be carefully located and detailed providing a clear sense of entry. Clearly detailed and marked doorways will relate the building to the street and help orient pedestrians. snatnr, �„m. :an Ralnt — Cnrran.:f a' -' se( ICav f. Customized paving materials and accents between the private sidewalk and the building facade is encouraged. Unique patterns and materials will personalize businesses and act as a OVJ £ .- S� LE Rum a. Recessed windows and doors create interesting shadows and are common of Early American Commercial style architecture. Windows should be recessed from the exterior wall plane a minimum of three (3) inches. Doors should be recessed from the exterior wall plane a minimum of six (6) inches. b. Transom windows located above storefront windows can provide horizontal consistency and add interior light throughout the downtown. c. Consistency between window styles and door frames should be maintained throughout the structure to unify building facades. d. To minimize the expansive nature of glazed windows which can detract from the desired historical character in Old Town, the use of multi -paned windows and mullions is recommended in window and door designs. e. Entrances and doors should be carefully located and detailed providing a clear sense of entry. Clearly detailed and marked doorways will relate the building to the street and help orient pedestrians. snatnr, �„m. :an Ralnt — Cnrran.:f a' -' se( ICav f. Customized paving materials and accents between the private sidewalk and the building facade is encouraged. Unique patterns and materials will personalize businesses and act as a OVJ £ .- form of signage, helping pedestrians identify specific businesses. g. Storefront windows which open up to the sidewalk create an inviting atmosphere and are encouraged. h. 50 -80% of the ground floor retail areas should be transparent storefront windows. Second level and third level windows should not exceed 50% of the total exterior wall surface. i. To be consistent with the desired early 1900's Early American Commercial architecture, windows should be vertically rather than horizontally oriented, unless they are accenting vertically dominated storefront windows. � S Vital, oPe —'.c . .,a l mca! aain1nmr 6. Arcades, Porches, and Covered Walkways a. Arcades, covered walkways and porches add pedestrian scale to building design and to the street. They are encouraged, adding a practical and attractive architectural element and providing winter weather protection and shade during hot summer months. b. Proportion and human scale are important in the design of arches, columns, and arcades. Arcades should have sufficient wall thickness emphasizing a sense of strength, balance, and traditional masonry proportions. C)• � a 1 f�;�' c. The ratio between the top of the arch and the mass it is supporting should be carefully designed so that sufficient wall surface is present between the key of the arch and the next architectural element above. d. Columns supporting the arches should be proportionate to the size of the arch. Neither spindly and undersized columns, nor squat, overly massive columns are appropriate. 7. Architectural Details a. Architectural details can be used to enhance a new or existing structure adding color, shadows, and interesting architectural forms. Often the architectural style of the building is depicted through the simple details. b. Storefront windows should incorporate a base rather than extending the glass to the ground. This protects storefront glass from skateboards, bikes, etc and provides a location for low seat walls, landscaping, or other architectural features. Built -up stucco, brick, or wood base is encouraged c. Framing and relieved detailing around windows, pedestrians doors, parapet caps, and building bases are recommended. Window boxes, balconies, and balcony type features or other design details which can enhance two -story structures are encouraged. d. Porch, balcony and overhang treatments to the building facade provide pedestrian protection from sun and rain. e. To create a more comfortable space for pedestrians, the use of awnings and canopies are encouraged. Canopies protect people and furniture from inclement weather and reduce the perceived height of the building facade to human scale. Awnings also provide a clearly definable place to introduce color and signage. 1'r fir, urt�hsn,y ai %nus antrk� l! /lJtll r n.•Jr.crr.�rt� Wood Acd ma . "nnr1 n cftc'n :Irr:•n l:a't !"f- te+ rwtdiun r:: •: •e 1ST' g. Exterior walls, especially at ground level, should include elements to build depth and character to the wall plane. Use of reveal patterns, material changes, balconies, overhangs, building pop -outs, and recessed entries is preferred. aF.; :•�r. ET ...(.il 1•:: J Cf ATIN(: h. Tile accents and relief bands are simple ways to add interest and character to a building facade. i. When possible, wrought iron grillwork y AP and ornamental fixtures should be used f,< as building accents, lighting or signage. 8. Low Walls a. Low walls are an important unifying element providing continuity to the street edge and buffering parking and service areas. b. Walls should have a minimum height of 2.5 feet and maximum 4 feet height. The finish material and design should be compatible with the architectural character of adjacent buildings. c. Community art display panels may be incorporated into wall design to enhance public pride. d. For a clean, finished appearance, and to ensure durability and safety in design, low walls should incorporate a wall cap and pilasters anchoring entry points. e. Defining breaks in low walls should be incorporated to allow for pedestrian circulation. 9. Building Materials Building materials and finishes should be selected to reinforce the guiding architectural image (Western- Victorian or Early American) and should be consistent with the desired architectural character of the individual and immediately adjacent buildings. The following materials are suggestions for renovation and new construction to Old Town street facades and exposed structure sides. Backs of buildings should use similar materials; however, less expensive and more utilitarian substitution materials are acceptable provided they are compatible with the overall design. Materials and finishes should be selected for ease of maintenance and durability. The following materials are encouraged: a. Roofs (see Roof Section for graphic examples) 1. Exposed wood structural lumbers such as rafter tails, roof beams, and ornamental corbels 2. Copper accents, gutters, downspouts, and scuppers 3. Concrete or routered wood corbels 4. Dimensional asphalt shingles 5. Standing seam metal roof 6. Fire retardant wood shingles b. Building Walls 1. Stone and brick are also acceptable materials (float- finished surfaces are preferred) 2. Colored or stained concrete block can be used to simulate brick or adobe 3. Stone or brick wainscoting may be used 4. Ornamental tiles, wood, brick, and glass block can be used as trim or accents around the base of the building. 5. Heavy timber construction should be used in trellises, roof overhangs, balconies and other architectural elements. c. Low Walls and Fences 1. Masonry wall with cap detail 2. Brick or stone wall 3. Wrought iron fence 4. Brick or stone masonry wall with wrought iron widow's walk or similar riser DO NOT USE THE FOLLOWING MATERIALS: Roofs that use: • Flat or corrugated metal, aluminum or fiberglass roofing material • Brightly colored glazed roofing tiles • Flat asphalt shingles • Crushed rock • Spray- finished stucco unless it is not dominant on the building Building Walls that are: • Reflective or dark glass • Poor quality synthetic materials resembling brick or masonry • Corrugated fiberglass • Coarsely finished or unfinished plywood • Metal siding • Unfinished concrete block and split -face block • Shingles or untreated redwood shingles • T -111 Siding • Slump stone block Low Walls and Fences that are: • Rolled wire, fencing, i.e. chicken wire, pig fencing, etc. • Chain -link (especially uncoated, uncolored) • Unfinished materials such as concrete block or plywood • Vinyl or sheet metal siding 10. Color Color is an important aspect of the overall building design and street scene creating variation while maintaining an overall consistency in the downtown area. Maintaining a balanced color palette using the correct proportions between lighter "base colors" and brighter "accent colors" on individual buildings is essential to reinforce character and compatibility between structures. a. Base Color Buildings with large expanses of blank walls should have lighter, subtle base color. The base color on smaller buildings or those with more elaborate details can use slightly stronger tones. Good base color examples include 1. Light gray 2. Cream /ecru I f 3. White (non - glaring) 4. Pale Flesh 14 5. Pale Yellow r_► _,4_.��1 6. Light Beige ;.. 7. Pastel Tones _ b. Accent Color Brighter accent colors should be carefully and minimally used to accent windows, doors, signs and awnings. Special materials such as glazed tile can also be used to introduce accent colors on building facades Good accent color examples include: 1. Forest Green 2. Deep Blue Green 3. Dark Browns 4. Rich Magenta 5. Brick Red 6. Deep Blue 11. Lighting Lighting shall be in compliance with Chapter 17.30 of the Moorpark Municipal Code and in compliance with the guidelines indicated below: a. Lighting can be used to enhance architectural details, create shadows, provide security to a f 1. ,� f building and indicate whether a business is open or closed. Lights should be subtle, directional, and not overpowering or glaring lighting sources should be integrated into the architectural - - - -- design. Examples of well- integrated lights include soffit lighting and accent light fixtures, which can be a design element unto themselves. b. Accent lighting should be used to accent landscaping (up- lights or focused directional lights) or building details such as tower elements and cupolas c. Light fixtures that illuminate large areas (over 200 copy area) should be avoided -- - d. Lighting used to illuminate store signs should be subtle and non - glaring Bulbs should not be exposed and should focus light directly onto the sign or building. e. Pedestrian level lights add interesting architectural detail as well as provide security and lighting for L pedestrians at night. These lights should be incorporated into building and parking lot designs and be well detailed. f. Lights used nearby or adjacent to High Street should not conflict with the Early American lampposts that are located along the street g. Recommended lamp types for lighting signs and buildings should be warmer incandescent halogen, metal halide, or "daylight" fluorescent bulbs. Cold (blue- tinted) lamp types are not appropriate. Precise intensity and types of light should be recommended by a qualified lighting design professional. Metal - halite bulbs may only be used as building, accents or to illuminate key building features. U4 LcA C. Landscape Guidelines New planting within the Old Town Commercial zone should be consistent with the suggested Plant Palette shown in Table 5 of Section 2.2.1 of the Specific Plan. 1. Planting a. Landscaping should be used to soften the impact of large blank building walls, as well as parking lots. Shrubs and planters can help screen views to parking lots from the street. Trees can breakup large expanses of pavement while providing shade for cars and pedestrians. b. Colorful annual or seasonal accent planting (via pots, planter boxes and hanging pots) should be used to accent entries and add color and interest to buildings, or special locations. c. Decorative vines should be considered for use along fences, garden walls, property boundaries and perimeter walls, and on blank building elevations. d. Free standing earth berms and or earth berms near structures are not permitted unless it is proven that such landscaping techniques will not detract from the overall Early American, natural planting theme. e. Evergreen trees and shrubs should be used whenever a landscape screen or buffer is required. 2.2.6 Neighborhood Commercial(C -1) A Site Development Standards 1. Land Use and Permitted Uses Uses in the Neighborhood Commercial designation shall meet the requirements for the C -1 designation as shown in Chapter 17.20 of the Moorpark Municipal Code. 2. Development Requirements Development in the Neighborhood Commercial designation shall meet the requirements for the C -1 designation as shown in Chapter 17.24 of the Moorpark Municipal Code except that the front yard setback shall be a maximum of twenty (20) feet, an average of ten (10) feet and a minimum of zero (0) for every three hundred (300) feet of street frontage. For example, starting from the corner of Poindexter Avenue three hundred (300) feet south there are three one hundred foot wide properties along this reach. The front yard setback could be met by having all buildings setback ten (10) feet. Alternatively, these same three properties could meet the front setback requirement by having one at zero, one at twenty (20) feet, and one at ten (10) feet. The purposed of this variable front yard setback to to allow for some of the existing buildings to remain while providing some visual relief along this reach of Moorpark Avenue. 3. Fences and Walls. Fences and walls shall meet the requirements of Chapter 17.24 of the Moorpark Municipal Code and as modified below: a. Garden walls and low fences are an important unifying element providing continuity to the street edge and buffering parking and service areas. b. The finish materials and design should be compatible with the architectural character of adjacent buildings. Ii —i.—, n -,., , :,,-J j,,; nnl lnuar x,;, c. For a clean, finished look, durability, and safety, walls should incorporate a wall cap and pilasters at entry points. 4. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 5. Building Maintenance and Renovation Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in sections 2.3.1 to 2.3.3 apply to the Neighborhood Commercial designation. B. Design Guidelines 1. General Character This zone is located on the west and east side of Moorpark Avenue between First and Third Avenues, consisting primarily of early 1900's residential bungalows. This zone acts as a transition and entry to the Early American architecture of the Old Town Commercial zone to the north. Because this zone abuts State Highway 23 (Moorpark Avenue), it is essential that new and refurbished uses provide a transition between the residential uses to the west and east, and the well- traveled road. These guidelines are intended to reinforce a pedestrian - friendly atmosphere, encouraging residents to walk from the surrounding neighborhoods for shopping. Separated by the railroad tracks, but in proximity to the High Street area, this zone serves as a key corridor to downtown and the architectural character should be compatible with the Old Town Commercial zone. Thus, for a description of the desired architectural character in the Neighborhood Commercial zone, refer to the Old Town Commercial zone (Section 2.2.5). The standards and guidelines described in Section 2.2.5 will complement the existing bungalow architecture across Moorpark Avenue, as well as the other surrounding architecture, there by creating a cohesive neighborhood. 2. Building Form and Massing a. Building form is an important design element for the Neighborhood Commercial zone, specifically to ensure compatibility with the adjacent smaller, single family homes. b. The size and mass of a larger building should be softened to blend with the surrounding neighborhoods. A variety in roof levels and wall planes should be used to reduce them as sand bulk of the structure. c. When possible, mass the height of new or replacement structures away from residential neighborhoods for privacy protection. d. Consistency of the form and massing of buildings will help establish continuity along Moorpark Avenue. The size of new structures should be compatible with adjacent buildings. e. Building facades should parallel Moorpark Avenue rather than set at an angle. f. When possible, buildings should front on to the sidewalk with zero setback to the street. .) .,nIIN, ornc;•c im,r hr. d;t:r; ""a to "file 11 *a�'v I ..ra g. Two and three -story structures should be designed to avoid windows and balconies overhanging into or adjacent to the nearby residential area. • he `aira,: r' k l ar needs :, ;uve :::: orwrcaai i 1 THIS C. Landscape Guidelines M New planting within the Neighborhood Commercial zone should be consistent with the Suggested Plant Palette located in Table 5 of Section 2.2.1 of this Specific Plan. 1. Planting a. Landscaping should be used to soften the impact of large blank building walls, as well as parking lots. Shrubs and planters can help screen views to parking lots from the street. Trees can break up large expanses of pavement while providing shade for cars and pedestrians. b. Both deciduous and evergreen trees should be used to provide a variety of texture, color and form. c. Colorful annual or seasonal accent planting (via pots, planter boxes and hanging pots) should be used to accent entries and add color and interest to buildings, or special locations. d. Decorative vines should be considered for use along fences, garden walls, property -boundaries and perimeter walls, and on blank building elevations. e. Freestanding earth berms and /or earth berms near structures are not permitted unless it is proven that such landscaping techniques will not detract from the overall Early American, natural planting theme. f. Vines, espaliers and potted plants are excellent ways to texture walls, columns and posts, and shall be used wherever possible. g. Evergreen trees and shrubs should be used whenever a landscape screen or buffer is required. h. Nicely detailed gates and iron work can reflect the character of a business or project. Designs should incorporate artistic details in the landscape. i. Relatively short-lived and high maintenance plants shall be limited to areas receiving regular, skilled maintenance. 2.2.7 Commercial Planned Development (C -2 CPD) A. Site Development Standards 1. Land Use and Permitted Uses Uses in the Commercial Planned Development designation shall meet the requirements for the C -2 CPD designation as shown in Chapter 17.20 of the Moorpark Municipal Code 2. Development Requirements Development in the Commercial Planned Development designation shall meet the requirements for the C -2 CPD designation as shown in Chapter 17.24 of the Moorpark Municipal Code except that the front yard setbacks shall be established by permit on a case by case basis depending upon location, adjacent and surrounding land uses. 3. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 4. Fences and Walls Fences and walls shall meet the requirements of Chapter 17.24 of the Moorpark Municipal Code. B. Design Guidelines 1. General Character To support the general character of the different residential and commercial building forms and architecture in the Commercial Planned Development designation building forms and massing which relate to the Early American style architecture should be encouraged. For the CPD design guidelines, refer to the Institutional design guidelines in Section 2.2.8 of this Specific Plan. C. Landscape Guidelines New planting within the CPD designation should be consistent with the Suggested Plant Palette located in Table 5 of Section 2.2.1 of this Specific Plan. For landscape guidelines in the CPD designation, refer to the Institutional landscape guidelines Section 2.2.8 of this Specific Plan. 2.2.8 Institutional (1) A. Site Development Standards 1. Land Use and Permitted Uses Uses in the Institutional designation shall meet the requirements for the I designation as shown in Chapter 17.20 of the Moorpark Municipal Code 2. Development Requirements Development in the Institutional designation shall meet the requirements for the I designation as shown in Chapter 17.24 of the Moorpark Municipal Code 3. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 4 Fences and Walls Fences and walls shall comply with Section 17.24.050 of the Moorpark Municipal Code. 5. Signage Signing shall comply with Chapter 17.40 of the Moorpark Municipal Code. 6. Building Maintenance and Renovation The public facilities in this designation would continue to be maintained by the City and County. Future expansions should be consistent with the design guidelines established within this section. B. Design Guidelines 1. Architectural Character - Property designated Institutional is across the street from the Early American Commercial architecture of the property designated Old Town Commercial. The existing structures have a California- Spanish influence however the architecture is of no particular significance and should not be used as an architectural example for additional institutional buildings. The Early American Commercial architecture that is employed in the adjacent C -OT designation should be utilized for the design of future civic buildings and the remodeling the existing buildings. For a detailed description of the Early American Commercial style refer to Sections 2.2.4 Office and 2.2.5 Old Town Commercial. 2. Roof Forms One of the most important factors in determining a building's overall character is the roof design. This includes the shape, form, slope, material, texture and color of roofs. To ensure consistent architectural quality roof masses should be proportionate with the design and scale of the building. LOV. PITGhED GABLE ROOF V`J/ ,i "o";1., m, a. Varied roof forms within a building such as tower elements, gabled roofs, and extended eaves, with rafters or corbels can also be used to add interest. i Mai ..d� %�J b. Flat roofs with articulated parapets are encouraged. c. Continuous mansard roofs are discouraged unless detailed mansard roof cover treatments are incorporated for visual interest. d. Deep roof overhangs are encouraged, especially when used in balconies, colonnades, canopies, verandas or where they are specifically used to enhance passive solar design. 3. Windows and Doors a. Entrances to institutional buildings should be prominently located. Windows and doors should be carefully detailed. Quality framing, large or deep moldings, detailing, and window box treatment should be used, where possible, as accents. b. Windows should be recessed from the exterior wall plane a minimum of 6 inches to provide greater visual interest. c. To unify the building facade windows and door frames should be consistent throughout the structure. d. The use of multi -paned windows and mullions are recommended in window and door designs to minimize the expanses of glazing which detract from the desired historical character. STOREFRONT WINDOWS AND AWNINGS CF.EA *E PEDESTRIAN SCALE e. To help orient pedestrians and relate the building to the street, buildings and doors should be carefully located and detailed to provide a clear sense of entry. f. Windows should be vertically rather than horizontally oriented. Specially designed horizontal accents are permitted when design reinforces symmetrical facade composition. 4. Balconies a. Balconies and covered walkways add pedestrian scale to the building design and to the street are encouraged. b. Balconies should have sufficient post detailing and posts should emphasize a sense of strength, balance, and traditional base proportions. c. The ratio between the top of the post, the base and the canopy it is supporting should be carefully designed so that sufficient wall surface is present to the next architectural element above. d. Spindly and undersized posts, and squat, overly massive posts are not appropriate. 5. Architectural Details a. Architectural details should be used to enhance a new or existing structure adding color, shadows, and interesting architectural forms. b. Framing and relieved detailing around windows, doors, parapet caps, and building bases are recommended. Use of window boxes, balconies, and false balcony features help enhance two -story structures. �ta.. -. fit ' ✓m:.a: e4nvna �rN bu:ia.n`;i�4�iu�{ bw6"O"M, c. To create a more comfortable space for pedestrians, the use of awnings and canopies are encouraged. d. Tile accents and brick or detailed wood relief bands are simple ways to add interest and character to a building facade. 6. Low Walls a. Low walls are an important unifying element providing continuity to the street edge and buffering parking and service areas. b. The finish material and design should be compatible with the architectural character of adjacent buildings. c. Community art display panels may be incorporated into wall design to enhance community feeling. d. For a clean, finished look, durability, and safety, walls should incorporate a wall cap and pilasters at entry points. 004 -1, C '� e. Breaks in walls should be incorporated to allow for pedestrian circulation. 7. Building Materials Building materials and finishes should be selected to reinforce the overall design intent of the project and to be consistent with the desired architectural character of the building. The following are suggestions for the street facades and exposed sides. Backs of buildings should use similar materials, however, maybe less expensive and more utilitarian. Materials and finished should be selected for ease of maintenance and durability. The following materials are encouraged a. Roofs 1. Exposed wood structural members such as rafter tails, roof beams, and corbels 2. Copper accents, gutters, downspouts, and scuppers 3. Concrete or stone or wood corbels 4. Unglazed concrete or clay roofing tiles (slate- like/flat) b. Building Walls 1.Wood siding (horizontal or vertical) 2. Stucco and brick/stone 3. Stone or brick wainscoting 4. Ornamental tiles, wood, bricks, and glass block can be used as trim or accents around the base of the building. c. Low Walls and Fences 1.Finished solid wood fence 2. Stuccoed brick/stone wall with cap detail 3. Wrought iron fence 4. Masonry wall with wrought iron on top DO NOT USE THE FOLLOWING MATERIALS Roofs which use: • Brightly colored glazed roofing tiles • Wood shingles and shakes • Metal roofing Building Walls that are: • Solid brick • Wood or simulated shingles or shakes • Reflective or dark glass • Synthetic materials made of poor quality and resemblance to brick masonry • Corrugated fiberglass • Coarsely finished or unfinished plywood • Metal siding • Unfinished concrete block and split -face block • T -111 Siding • Slump stone block Low Walls and Fences that are: • Rolled wire, fencing, i.e. chicken wire, pig fencing, etc • Chain link • Unfinished materials such as concrete block or plywood • Vinyl or sheet metal siding 8. Color Color is an important aspect of the overall building design creating variation while maintaining an overall consistency within the Civic Center area. It is very important to keep a balanced color palette using the correct proportions between the lighter "base colors" and the brighter "accent colors" on each building. a. Base Color Buildings with large expanses of blank walls should have lighter, subtle base color. The base color on smaller buildings or those with more elaborate details can use slightly stronger tones. Base color examples: 1. Light gray 2. Cream 3. White 4. Pale Flesh 5. Pale Yellow 6. Light Beige b. Accent Color Brighter accent color should be used minimally to accent windows, doors, and awnings. Special materials such as glazed the can also be used to introduce accent colors on building facades. Accent color examples: 1. Forest Green 2. Deep Blue Green 3. Brick Red 4. Deep Blue 5. Dark Browns 9. Lighting Lighting can be used to enhance architectural details creating shadows as well as provide security to a building a. Lights should be subtle, directional, and not over powering or glaring. Lighting sources should be integrated into the architectural design. Examples of well- integrated lights include soffit lighting and accent light fixtures which are a design element unto themselves b. Accent lighting should be used to accent landscaping or building details such as tower elements -and ornamental windows. It should be low key to reduce sky glow and or glare. c. Light fixtures that illuminate large areas should be avoided. Lighting used to illuminate store signs should be subtle and non - glaring Bulbs should not be exposed and should focus light directly on to the sign or building. d. Pedestrian lights add interesting architectural detail as well as provide security and lighting for pedestrians at night. These lights should be incorporated into the building and parking lot designs and be well detailed. e. Recommended lamp types for lighting signs and buildings should be warmer incandescent halogen, metal halide, or "daylight' fluorescent bulbs. Cold (blue- tinted) lamp types are not appropriate precise intensity and types of light should be recommended by a qualified design professional. C. Landscape Guidelines New planting within this zone should be consistent with the suggested plant palette located in Table 5 Section 2.2.1 of this Specific Plan. In addition to the standards in the Single - Family Residential section of the Specific Plan and requirements of the Moorpark Zoning Code, the following landscape guidelines shall apply to the Institutional zone. 1. Planting a. Trees and planting should be used to soften the mass of larger buildings, shade parking lots, and accent important areas such as entries, plazas, and courtyards. b. The site area devoted to landscaping should be greater than 10 %of the overall lot area. c. The use of large specimen trees (24" box material, minimum) as specified in the suggested plant palette is encouraged. Shrubs shall be a minimum five- gallon, except where standard nursery and installation practices use one gallon. d. Top dressings should be a minimum 2" layer composted organic material to aid in weed control and conservation. 2.2.9 Industrial Park/Light Industrial (M -1) A. Site Development Standards 1. Land Use Uses in the Industrial Park/Light Industrial designation shall meet the requirements for the I designation as shown in Chapter 17.20 of the Moorpark Municipal Code. 2. Development Requirements Development in the Industrial Park/Light Industrial designation shall meet the requirements for the M -1 designation as shown in Chapter 17.24 of the Moorpark Municipal Code 3. Parking and Signing Parking and signing shall meet the requirements of Chapter 17.32 and Chapter 17.40, respectively, of the Moorpark Municipal Code. 4 Fences and Walls Fences and walls shall comply with Section 17.24.050 of the Moorpark Municipal Code. 5. Signage Signing shall comply with Chapter 17.40 of the Moorpark Municipal Code, 6. Building Maintenance and Renovation Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use 0! Z(; designation are encouraged. To this end, the maintenance guidelines and incentives as well as the building restoration guidelines outlined in sections 2.3.1 to 2.3.3 apply to the Industrial Park designation B. Design Guidelines The Industrial Park zones are located along the railroad tracks adjacent to the Early American Commercial style of the Old Town Commercial properties. Because of this proximity the architectural character should be consistent with the Early American Commercial style of High Street. General Architectural Character Early American Commercial Style 1. Roof Forms a. Varied roof forms accenting a building such as tower elements, dormers, cupolas, gabled roofs, clerestories, extended eaves with rafters can be used to add interest to large agrarian structures. b. Weather vanes are indications of farmland structures and provide vertical landmarks to downtown. c. Single pitch, basic roof structures are also appropriate to the agrarian style. 2. Windows and Doors a. Consistency between windows and door frames should be maintained throughout the structure to unify the building. b. The use of either very large repeated or very small multi - paned windows and mullions are recommended in window and door designs to minimize the expanses of glazing which detract from the desired agrarian character. R'p ,.. ri •+ ado;. nrrn,•rr , re, ;ns ;," , ,-b" "1, :, . c. To create a more comfortable space for pedestrians, the use of awnings and canopies are encouraged. Canopies protect people and furniture from inclement weather while bringing the building fagade to human scale. Awnings also provide a place to introduce color and signage. 3. Low Walls a. Low walls are an important unifying element providing continuity to the street edge and buffering parking and service areas. b. Walls should have a minimum height of 2.5 feet and maximum 4 feet. The finish material and design should be compatible with the architectural character of adjacent buildings. c. For a clean, finished look, durability, and safety, walls should incorporate the wall cap and pilasters at entry points. d. Breaks in walls should be incorporated to allow for pedestrian circulation. 4. Building Materials Building materials and finishes should be selected to reinforce the overall design intent and to be consistent with the desired architectural character of the building. Below are suggestions for the street facades and exposed sides of buildings. Backs of buildings should use r .y fl Velfiuil bnanl twit haton siding is upnrf-pradr similar materials, however, maybe less expensive and more utilitarian. Buildings in this zone will be primarily utilitarian in function thus can use less expensive materials, provided the building design and material selection meet the intent of these guidelines a. Materials and finishes should be selected for ease of maintenance and durability. The following materials are encouraged: b. Roofs (see Roof Section for graphic examples) 1. Dimensional asphalt shingles �i 2 Cr. 2. Standing seam metal roof 3. Treated Wood shingles roofs 4. Aluminum, galvanized or corrugated tin accents, gutters, downspouts, and scuppers c. Building Walls 1. Horizontal lap siding, board and batten siding, and barn siding are the most appropriate material to be used on a main surface of the building. 2. Metal siding 3. Stucco, adobe, and brick are also acceptable materials 4. Colored concrete block used to simulate brick 5. Stone or brick wainscoting maybe used on buildings 6. Heavy timber construction. used in trellises, roof overhangs, balconies, and other architectural elements d. Low Walls and Fences 1. Finished solid wood fence 2. Masonry wall with cap detail 3. Brick wall 4. Wrought iron fence 5. Brick or stone masonry wall with wrought iron accent DO NOT USE THE FOLLOWING MATERIALS: Roofs that use: • Brightly colored glazed roofing tiles • Slate or concrete tile Building Walls that are: • Reflective or dark glass • Synthetic materials made of poor quality and resemblance to brick or masonry • Corrugated fiberglass • Coarsely finished or unfinished plywood • Unfinished concrete block and split -face block • Shingles • T -111 Siding • Slump stone block Low Walls and Fences • Rolled wire, fencing, i.e. chicken wire, pig fencing, etc. • Chain -link • Unfinished materials such as concrete block or plywood • Vinyl or sheet metal siding Of • '2. 7 5. Color Color is an important aspect of the overall building design and street scene creating variation while maintaining an overall consistency with the surrounding neighborhood. It is very important to keep a balanced color palette using the correct proportions between the lighter "base colors" and the brighter "accent colors" on each building. a. Base Color Buildings with large expanses of blank walls should have lighter, subtle base color. The base color on smaller buildings or those with more elaborate details can use slightly stronger tones. Whenever possible, color should include natural, earth tones or subtle, gray blue colors. b. Accent Color Brighter accent color should be used minimally to accent windows, doors, and awnings. 6. Lighting Lighting can be used to enhance architectural details creating shadows as well as provide security to a building and indicate whether a business is open. Lights should be subtle, directional, and not overpowering or glaring. I Lighting sources should be tV 1! nrnruurd :auf ha r- rumding lighting should integrated into the architectural rOmplemcnt the building design. Examples of well integrated lights include soffit lighting and accent light fixtures which are a design element unto themselves. a. Accent lighting should be used to accent landscaping or building details such as tower elements and cupolas. b. Light fixtures that illuminate large areas should be avoided. Lighting used to illuminate store signs should be subtle and non - glaring. Bulbs should not be exposed and should focus light directly onto the sign or building. c. Pedestrian lights add interesting architectural detail as well as provide security and lighting for pedestrians at night. These lights should be incorporated into the building and parking lot designs and be well detailed. d. Recommended lamp types for lighting signs and buildings should be warmer in can descent halogen, metal halide, or "daylight" fluorescent bulbs Cold (blue- tinted) lamp types are not appropriate Precise intensity and types of light should be recommended by a qualified design professional. C. Landscape Guidelines New planting within the Industrial Park zone should be consistent with the Suggested Plant Palette located in Table 5 of Section 2.2.1 of this Specific Plan. 1. Landscaping should be used to soften the impact of large blank building walls, as well as parking lots. 2. Shrubs and planters can help screen the views of the parking lot from the street. 3. Trees can break up the expanses of pavement while providing shade for cars and pedestrians. 4. Colorful accent planting should be used to accent entries and add color and interest to buildings. Landscaping can sotften parkins lots Rrnr lit t with edge, trealmetm run be ar, appropriate a ag( 2.3 Private Property Maintenance, Expansion, and Renovation 2.3.1 Private Property Maintenance Guidelines All buildings, public sidewalks, and spaces need to be maintained well to present a clean, well -kept appearance in the downtown. Keeping the area free from trash, debris, removing graffiti, repairing cracked sidewalks, and general cleaning of building facades goes a long way to beautify downtown Moorpark. Property owners of buildings which do not currently meet design guideline criteria should be encouraged to beautify by making simple changes such as repainting, adding new signage and lighting, installing awnings, and removal of unsafe and unsightly building features. To that end, the City has provided a series of photosimulations prepared by an architect who depicts examples of how existing building facades can be improved to increase the quality of the architecture and make the buildings and the area a more desirable place to visit. These photosimulations are shown as an Appendix to the Specific Plan as Commercial Photosimulations. This type of work is recommended as a first tier facade improvement program. Sections 2.3.1 and 2.3.3 contain development standards and/or guidelines related to site up keep, land use and renovation. These standards and guidelines are intended to supplement the City's existing Municipal Code Title 8, Health and Safety, Chapter 17.08.48 Property Maintenance. However, listed below are some voluntary building and site maintenance measures encouraged for all districts. a) Regularly clean and maintain painted and stained surfaces. b) Treat metal windows and doors for rust protection or finished in a permanent, opaque color. c) Business owners should sweep up trash and debris daily around their buildings. d) Storefront repairs such as old cracked window mullions, cracks in stucco, chipped paint, broken windows, damaged signs, etc should be repaired. e) Owners of vacant lots should cut weeds and eliminate trash on a regular basis. f) Vacant lots should be screened at the street frontage with low walls and landscaping. 2.3.2 Legal Non - Conforming Uses, Expansions, and Renovations Chapter 17.52 of the City's Zoning Ordinance (Non- conforming Uses) allow for the continued operation of uses that current do not conform to the established zone or specific plan. With the approval of an Administrative Permit, the Community Development Director could grant moderate expansions of non - conforming buildings and uses as long as the supplemental findings for non - conforming uses are met. Moderate expansions are defined as floor area or use area increases of less than fifty percent (50 %) of the total existing floor /use area. Land use intensification is defined as additional activity or services offered by a business which increase the degree of non - conformity from the zone in which the use is located. When the Director can make all of the following findings, in addition to any findings required by the Zoning Ordinance moderate expansions of non - conforming buildings and uses can occur: A. The property and its associated improvements have historically been maintained in a clean and well -kept manner, and /or the nature of the proposed expansion will result in related site and building improvements which will improve the overall appearance and compatibility of the use with adjacent and surrounding land uses; and B. The proposed expansion incorporates design measures such as fagade improvements, shielding of future and existing exterior lighting, and conforming signs, or has proposed operational measures such as hours of operation, limitations on outdoor use areas adjacent to sensitive land uses; and C. The location, orientation, height, and mass of the expansion will not significantly affect privacy for nearby residences or inhibit business operations of surrounding commercial uses; and D. The location, orientation; height, and mass of expansion areas will conform to the design guidelines established for the land use district in which the use is located; and E. The expansion of the building or use is in conformance with the goals and policies of the Downtown Specific Plan. The Community Development Director may add conditions to the permit to assure compliance with the above noted findings. 2.3.3 Lot Consolidation and Incentives The maximum density in the High to Very High Density Residential areas can only be achieved when lot consolidation occurs. On the Specific Plan Zoning Map, Figure 6, those areas are zoned RPD 7 — 14 dwelling units per acre. Lot consolidation allows for greater flexibility in site design, potential for reduction in the number of driveways serving the consolidated property and opportunities to more quickly improve a neighborhood. Due to the relatively small size of existing lots in the High and Very High Density Residential area and the narrow lot width a minimum of 2 lots would need to be consolidated in order to take advantage of the incentive program. A two lot consolidation would increase the number. of units allowed by fifty percent, i.e. from two dwellings to three. The greater the number of lots that are consolidated allows for more flexibility in site design. For example, consolidation of two 45 by 135 foot lots into one lot 90 feet wide by 135 feet deep would allow enough land area to provide three dwellings each with a two car garage, minimum 15 foot rear yard and two parking spaces in front of the garage. The minimum home size would be at least 1,400 square feet in a two story design. Each development when lots are consolidated must still meet the development requirements of the Specific Plan as well as the requirements of the Zoning Ordinance. The design of the homes must still conform to the character of the neighborhood in which the property is located. Single family detached homes are the product type that is allowed. The potential resulting number of units per lot, in relation to lot size, is illustrated on Table 6 below. Table 6 Minimum Lot Size (in sq. ft.) No of Lots Allowed Under Current Zoning No of Lots Allowed Under Incentive Program Density 6,000 1 1 7.26 12,000 2 3 10.89 18,000 1 3 1 5 12.1 24,000 4 7 12.7 30,000 5 9 13.07 Increases in density up to the maximum dwelling units allowable may be granted through the approval of a residential planned development permit in accordance with the Zoning Ordinance. In approving a density high than the low end of the range the approving authority shall make all of the following findings- 004 2'" 1. The project is consistent with the City's General Plan and Specific Plan goals and policies; and 2. The project is consistent with the City's Zoning Ordinance and the development requirements and design standards of the Downtown Specific Plan; and 3. The project is compatible with existing and planned surrounding land use and development; and 4. The project is superior to a lower density design. EXHIBIT 2 3.0 Circulation, Overall Site Development and Beautification 3.1 Existing Conditions The major street circulation routes in the plan area are High Street, Spring Road, Los Angeles Avenue, and Moorpark Avenue. Large trucks have been restricted from High Street and must use Los Angeles Avenue and Moorpark Avenue (State Highway 118 and Highway 23) although vehicular traffic is quite heavy through the High Street corridor. Automobile traffic is expected to decrease substantially once Spring Road is open from Charles Street to Walnut Canyon Road. Sidewalks adjacent to commercial uses on the north side of High Street are 15 feet wide; a good width for a pedestrian - oriented downtown. Sidewalks on Spring Road and Moorpark Avenue, exist but are minimum width in many areas and directly adjacent to the curb in many areas. People living in the nearby residential areas utilize these sidewalks to access the commercial uses on High Street and Moorpark Avenue. East/west connections for pedestrians that run parallel to Moorpark Avenue are the internal streets in the residential sections of the plan area. Landscaping along High Street and Charles Street is well defined and mature, while along Moorpark Avenue very little landscaping exists and is frequently interrupted by the diversity of the land uses, noncontiguous building setbacks, and clutter from telephone lines and signage poles. 3.2 Circulation System Hierarchy As shown on the Circulation Element Map Spring Road and Moorpark Avenue (Highway 23) are the major north /south roads which link northern portions of the City to Los Angeles Avenue. Heavy Truck traffic is experienced on Highway 23 traveling to and from the City of Fillmore to the northeast. Once Spring Road has been completed from Charles Street to Walnut Canyon Road much of the automobile traffic now using Walnut Canyon /Moorpark Avenue will be diverted. It is anticipated that High Street will then carry primarily local traffic in the AM and PM hours. Once traffic signals at Casey Road/Walnut Canyon Road, High Street/Moorpark Avenue and Poindexter Avenue /Moorpark Avenue are synchronized, traffic flow along this reach will dramatically improve. 3.3 Overall Site Development and Beautification There are two components to overall design; first is the design of the amenities along the streets and second is how the site design relates to the street. Streets are truly the public's domain, places where everyone goes and where the image of a place is shaped: places where the vitality of a town or an area is measured largely by the composition and life on its streets. Streets provide an intrinsic opportunity to shape and add character to our communities. By embracing the street as an important public place, we create an environment rather than simply a means to get from point A to point B. In downtown Moorpark two primary streets play a major role in creating the ambiance and character of the area; High Street and Moorpark Avenue. In order to properly establish a long -term vision, revitalization of the downtown "streetscape" is necessary to establish a blue -print for renovation and new growth. By painting a picture for these two key downtown streets, the City can target a vision for realizing the community's desires for beautifying these important public travel ways in the downtown. Transitional beautification enhancements into the downtown should be considered for Spring Road at Los Angeles Avenue and Moorpark Avenue at Los Angeles Avenue to provide a sense of entry or gateway to the downtown area. Site development will take time, money, effort, and partnerships between public and private interests in order to realize its goals. The general goals are 3.3.1 General Goals a) Retain, expand and attract selected business opportunities in the downtown and provide amenities to attract shoppers and visitors. b) Create public plazas and open spaces that serve as focal points and landmarks for community events. c) Provide standards and guidelines for the location, amount, type and quality of new development in downtown. d) Promote downtown as a special place for cultural and civic events, dining, entertainment, and shopping. e) Focus City and Redevelopment Agency investment and public improvement on the downtown core, giving it the highest priority. f) Make provisions for entry statements along key corridors to the downtown, i.e. at Moorpark Avenue near the Birkenshaw House, at Moorpark Avenue and High Street, and Moorpark Avenue and Spring Road. g) Encourage property owners and business owners to help maintain and improve the appearance of the downtown by upgrading and renovating �4A(►2� J building facades, screening unsightly mechanical equipment, improving the appearance of their storefront sidewalks, cleaning up vacant lots, participating in an active merchants association, developing a downtown icon or logo, and a cooperative plan for compliance and safety in the downtown. h) Encourage outdoor seating for food service establishments allowing encroachments on the public sidewalks to accommodate such activities. 3.3.2 Building Renovation and New Development Goals a) New development and expansions of existing buildings downtown shall be consistent with the design standards and guidelines described in the downtown Specific Plan and with the requirements of the zone in which it is located. Infill projects are encouraged to help create the intensity of development traditionally associated with historic downtowns. b) New buildings and remodels of existing buildings shall be consistent with the development standards and guidelines in the Specific Plan and the City's Zoning Ordinance. c) Buildings which have historic or architectural significance should be preserved, and to the extent possible restored to highlight their traditional materials and architecture. 3.3.3 Land Use Goals a) Seek proposals for the development of a retail development, consistent with the specific plan development standards and guidelines, for the property the Moorpark Redevelopment Agency owns along the south side of High Street. b) Encourage continued investment in the neighborhoods surrounding the downtown so these neighborhoods continue to improve and remain viable. c) Maintain coordination with the VCTC, Union Pacific, and Metrolink to ensure that vacant and under used sites along the tracks are maintained and developed with compatible uses that are integrated into the downtown. d) Encourage evening activities in the downtown, especially those that support one another such as dining, strolling, art galleries, crafts, etc. 0 ( -1 � e) Actively pursue the relocation of the Post Office in the downtown area to bring more daily use of the downtown area. 3.3.4 Circulation and Parking Goals a) Enhance pedestrian, bicycle, and automobile circulation facilities. b) Pursue directional signage and landscaping in parking lots to help direct traffic and soften the effect of traffic in parking areas. c) Encourage facilities that provide for increased pedestrian traffic downtown such as building awnings, gazebos, informational kiosks or directional signs, public restrooms, clearly defined crosswalks and pedestrian ways. d) Preserve on- street parking and locate off - street parking in places that are easy to recognize and access, but are well screened from public sidewalks. e) Provide more a greater distribution of on -site parking lots to better serve the businesses along High Street. 3.3.5 Activities, Events and Promotions Goals a) Create a logo theme in order to establish a downtown identity through and develop a program of frequent activities tied to that theme. b) Once the concentration of commercial uses increases investigate the re- establishment of a Downtown Merchants Association or possibly creation of a business improvement district. c) The City, RDA, and Downtown Merchants Association should sponsor and encourage festivals, events, and other activities in the downtown. d) Encourage citywide and regional promotions of the downtown as a district of the City. i. on, rru, ruin .;fa pu7•!ic .(im L :d mg I i a:, Sum , "0" dr'pear anrt,mt: cM, r,; r Ir. r. u'fm:rI au..r:.vrr, i.i,•dia r tor, e) Consider working with Cal Trans, to pursue historic or downtown signage on Highway 23 and Highway 118 to increase regional attraction and tourism. There are a number of beautification elements for areas within the public right -of -way. Construction of a public kiosk along the south side of High Street could be done on property owned by the Redevelopment Agency. Others can be simply implemented by the City as funding is secured. Use of bollards, low garden walls, courtyard and the like are just a few concepts are private property owners could implement with the future development of their property. Other elements of the streetscape beautification plan are described on the following pages. 3.3.6 Public Pathways and Plazas Opportunities exist to connect the downtown through public sidewalk and pathways to private plazas and public gathering spaces. Re -use of the existing gazebo on the south side of High Street is encouraged, or if possible, reconstruction of a larger bandstand structure could provide a functional alternative for public performances. Bandstand prommes enurlainntent and crakes rare of U:c century chan ter Pedestrian and bicycle connections should be encouraged through the use of public sidewalks, private /public paseos, or coves through new buildings to key landmarks such as the church at the corner of Walnut and Charles Streets, the civic center, and the Birkenshaw House. The corner of High Street and Moorpark Avenue which is owned by the Redevelopment Agency has the potential to become a pocket park or open space focal point with the opportunity for locating public art within this space. Public Plazas /Parks Small plaza areas integrated into the design of the development on the south side of High Street along with strategically located public pocket parks and greens act as an attraction, drawing the public to use these area. Providing public and private open space in the form of plaza and pocket parks also allows for retail commercial to take advantage of this attraction. Opportunities exist for the City to acquire strategically located lots for a park or public facility. A possible location for a public pocket park or green is at Magnolia Avenue and Charles Street. This area is protected and may be increased by the vacation of a portion of Magnolia Avenue. A much needed small play area could be provided for the Charles Street neighborhood. Opportunities also exist to provide a passive park at Charles Street and Spring Road with the realignment of Spring Road by the developer of the Specific Plan to the north. The conversion of this Figure 12 C1 Z L ! N W E CIE ❑ ® ' a 1 • rn M N M a v 4 3 r d U a parcel into a small passive pocket park will provide a nice landscape buffer along Spring Road. 3.3.7 Street Trees Street trees should be planted a minimum of 30 feet on center to act as traffic calming devices. Trees should not be planted any closer than ten feet from any driveway Tree installation shall include 24 -inch box size 41C ti _ 1 F - C rn M N M a v 4 3 r d U a parcel into a small passive pocket park will provide a nice landscape buffer along Spring Road. 3.3.7 Street Trees Street trees should be planted a minimum of 30 feet on center to act as traffic calming devices. Trees should not be planted any closer than ten feet from any driveway Tree installation shall include 24 -inch box size species and they should be staked per City standards. Consideration should be given to using decorative tree grates where planting area is limited and access for the disabled is required. The general tree character shall be compatible with the mature California Peppers on High Street, providing a large canopy of shade for pedestrians as well as substantial greenery to establish rural character. The following species shall be planted unless other wise specified by the City. On Moorpark Avenue tree planting is subject to Caltrans approval so long as it is designated as a state highway. Street Botanical Name High Street Schinus molle Moorpark Avenue Prunus blireiana Pistacia chinensis Lagerstroemia indica Geijera Parviflora Rutaceae Magnolia Court Magnoliagrandiflora "MajesticBeauty' Walnut Street Pistacia chinensis Bard Street Pyrus calleryana `Bradford' 3.3.8 Medians Common Name California Pepper Flowering Plum Chinese Pistache Crape Myrtle Australian Willow, Wilga Southern Magnolia (medium size) Chinese Pistache Bradford Pear With driveway consolidation along Moorpark Avenue and greater use of the existing alley on the east side opportunities existing in the future for installation of raised and planted medians on Moorpark Avenue. If SR 23 is still designated along this reach of Moorpark Avenue, permission from Caltrans will be needed. Medians would control vehicle- turning movements and serve to slow traffic and thus reduce noise. The medians will introduce color and greenery and also provide a place for directional signage to parking lots, announcing key intersections, and other downtown features. 3.3.9 Lighting The City of Moorpark has installed decorative theme lights along High Street to enhance the character of the street both with the fixture and with the quality of the lighting. Ultimately, these fixtures should be continued along Moorpark Avenue to the civic center, and south to the gateway feature, which will designate the beginning of the downtown core. Consideration of using these light fixtures as a design element on Bard and Walnut Streets between High Street and Charles Street, and also within the Magnolia Court, could also significantly reinforce the small town scale of downtown. The globes are mounted onto concrete fluted poles, which should be fitted with bracket hangers to accommodate a custom banner with a selected downtown logo, and to advertise festivities and events in the future. In addition to the decorative street lighting, there should be provisions for lighting flag poles, directional signage, and entrance signage. Lighted bollards should be used in areas such as the public plaza and Magnolia Court. Bollard style lighting should be similar to the light poles and fixtures and in keeping with the Early American heritage. 3.3.10 Street Furnishings A six -foot bench and trash receptacle should be placed every 200 feet along High Street and should be clustered at transit stops and public plazas. Decorative planter pots should be placed adjacent to. light posts and /or benches with a maximum ' distance of 50 feet between pots. As the existing benches, trash receptacles and planter boxes need replacing, they should be replaced with benches similar to the Victorian wrought iron and wood bench that now exists, or an appropriate alternate approved by the City of Moorpark Community Development Department. Bike racks, lockers, newspaper racks, etc., should also be carefully located along the street. Drinking fountains should be located in public gathering areas, such as proposed Magnolia Court and the railroad depot plaza. Bollards should be used to define public plazas and walkways. Properly placed, bollards can delineate between vehicle and pedestrian zones, creating a safe walking environment. •r l.n! ,iof� iQiiSA]S7R9 l,.un rr•�n ,1:1:1:,! : , ,.i.`i , rrf�ra. ...+ •.. •,lc,;,,. c :dr rrrJ.•i >r< „in, {... �;fr n , O � .! 0.i ._ 7 3.3.11 Landscaping In addition to the street trees and median planting, streetscape planting is an inexpensive and quick way to beautify a street. Planting along Moorpark Avenue and High Street should consist of planter pots, flower boxes on or adjacent to the buildings, parking lot shrub and hedge screens, plaza landscaping, and building setback landscaping. All planting done within the downtown core should be consistent with the suggested plant palette shown in Table 5 in Section 2.2.1. The intent of the plant palette is to complement the historic architecture with plants that emulate those used in gardens in that era. Substituted plants should be used with the approval of the City of Moorpark Community Development Department. 3.4 Roadway Improvements In addition to streetscape beautification, a number of roadway improvements are suggested. No significant realignment of either Moorpark Avenue or High Street will be required to implement the improvements. Realign of the intersection of Poindexter Avenue and First Street is needed to create a four way intersection. This would alleviate the current circuitous route through that intersection for east and west bound traffic on Poindexter Avenue. Additionally there will be a need to consolidate driveways and share parking in order to minimize traffic conflicts along Moorpark Avenue. More effective use of the alley for parking and access for the east side of Moorpark Avenue will also aid in reducing traffic conflicts. Consideration should also be given to closure of a portion of Magnolia Avenue for park purposes. 3.4.1 Traffic Calming High Street: To assist in attracting customers to the downtown the traffic speed on High Street needs to be reduced. There are a number of ways in which this might occur through the use of traffic calming methods or devices including, but not limited to blubout or curb extensions, gateway features, raised intersections, and road narrowing through striping for diagonal on- street parking. The City should explore all methods of traffic calming in order to reduce traffic speed, increase safety and make High Street more pedestrian friendly. Bard Street: A pedestrian activated stop light should be considered at the intersection of High and Bard Streets to facilitate pedestrian crossing of High Street. This would provide a safe point of pedestrian and bicycle crossing and would slow traffic on High Street. It would also have the added benefit of increasing merchant visibility as traffic slows or stops for crossing pedestrians. 0 f:J -)Z0c.V. 3.4.2 Programmed Roadway Improvements Decorative themed lights have been installed by the City. The decorative light theme should be considered along Spring Road and Moorpark Avenue to enhance the ambience and provide for a greater sense of entry into the High Street area. Improvement to the intersection of Poindexter Avenue and First Street should be explored to make this a four way intersection. Consideration should also be given to a cul -de -sac at Everett Street and Walnut Canyon, with a street connection to Wicks Lane. 3.4.3 Re- striping of High Street In most small downtown areas that were constructed at in the in the early 1900's on- street parking was diagonal to the curb face. Consideration should be given to re- striping High Street for diagonal parking. Allowance for left turn, right turn and through lanes at the intersections of Walnut and Bard Streets and Spring Road and Moorpark Avenue would have to be made. At these intersections on- street parking may need to be prohibited or restricted in order to accommodate traffic flow and turning movements in peak hours. 3.4.4 Vacation of a Portion of Magnolia Street Recently the new Fire Station was completed at the northwest corner of Magnolia Street and High Street. In the process of acquiring the site for the Fire Station the Redevelopment Agency acquired the residential lot at the southwest corner of Magnolia Street and Charles Street. This vacant lot is available for conversion to a pocket park and since the portion of Magnolia Street adjacent to this lot is not needed for circulation, vacation of that portion of the street could occur and be added to the park. Providing a park at this location will serve the residents north of High Street providing easy access by pedestrians. Re Magnolia Plata can provide an important public gaMering place and prainwr retail acti+ in 3.4.5 Realignment of Poindexter Avenue and First Street Intersection Presently the intersection of Poindexter Avenue and First Street at Moorpark Avenue are off -set causing delays in traffic flow and making pedestrian access circuitous. This intersection should be realigned so that it provides a four way configuration. This realignment would provide more efficient traffic flow, easier signalization, increase the ease of use for pedestrians, and increase pedestrian and traffic safety. 3.5 Pedestrian /Bicycle Circulation Opportunities are available as development occurs to provide a continuous bikeway system through the downtown area connecting the rest of the City. Once the system is connected to the rest of the City it will make bicycle travel a more attractive means of transportation throughout the City. When complete, the bikeway system will provide safe and convenient Class II bike routes, both within and outside the area. These connections will provide an essential critical link to regional commuter bike traffic. The bikeway plan is fairly simple and envisions development of Class II -A and B bike lanes along Poindexter Avenue entering the Plan area from the west, connecting to Moorpark Avenue north to High Street, then east along High Street and Los Angeles Avenue to Princeton Avenue. Class II bikeways will also be designated along Spring Road from the south entering the Plan area at Los Angeles /New Los Angeles Avenue and will extend north of Charles Street. Other important connections will be provided on the local streets from Moorpark Avenue to First Street, south to the Flory School Figure 15 31" Of 11421-1.11 Under Cal Trans Bikeway Planning and Design Standards, bikeways are defined in three classes as shown in Figure 15. Bikeways are defined by these categories: Class I bike paths: Bike paths provided within a completely separated right -of -way for the exclusive use of bicycles and pedestrians, with cross -flow of motorists minimized minimum eight feet wide. Class II -A bike lanes: Provides a striped lane for one -way bike travel on a street or highway. Class 11A bike lanes are located between the parking stalls and the traffic lanes, minimum five feet wide. Class II -B bike lanes: The same as Class IIA, except the bike lane is located in areas where there is no on street parking and is adjacent to the curb. Minimum width four feet where there is no gutter. Class III bike routes: Bike routes provided within the street right -of- way designated by signs or permanent markings insured with pedestrians or motorists. Re- striping of bike lanes will connect to existing and planned bike lanes outside of the Specific Plan area. High Street is being reclassified as a Class II bike route to better facilitate pedestrian and bicycle access to the downtown core. 3.5.1 Bicycle Racks and Bench /Rest Stops While no specific locations have been designated in the plan, bicycle racks and bench /rest stops should be placed on both ,. Moorpark Avenue and High Street in order to increase ridership. Bench /rest stops can consist of a simple bench, seating area, and canopy trees for shade. Bicycle racks can be simply bolted to an existing sidewalk, a plaza, or a paving space in a key area such as downtown. 3.5.2 Pedestrian Walkways Currently, the existing sidewalk and crosswalk connections from the civic center to downtown, as well as along Moorpark Avenue north to the Metrolink parking lot are interrupted and not well defined. Opportunities exist for bulbouts, neckdowns and defined pedestrian crosswalks in various locations, that will make pedestrians feel more safe and promote walking convenience. 3.6 Public Transit 3.6.1 Bus Transit The City currently has a public transportation system which serves the needs of persons living and /or working in the community. Improved public transit to the downtown will increase pedestrian circulation and decrease vehicular trips both through and to the area. Bus connections to Amtrak and the Metrolink station could be used by commuters as well as visitors to the downtown. 3.6.2 Rail Service Amtrak and Metrolink currently serve Moorpark both for regional trips as well as intra -state service. The rail stop is located off of High Street and Moorpark Avenue. As this service increases there is sufficient land south of the railroad tracks to provide both short-term and long -term parking. Ingress and egress to this south parking area should be examined in light of any realignment of the Poindexter Avenue /First Street and Moorpark Avenue intersection. Alternative for safer and more convenient access should be explored. Ongoing coordination with both VCTC and Union Pacific will be necessary to ensure the safe crossing, at grade at the Metrolink station continues, as well as appropriate buffers be accommodated along the rail lines and the City -owned parcels. Further, in order for the City to pursue development of the High Street property, an agreement that allows vehicle access and parking on a portion of the VCTC right -of -way is necessary. Preliminary discussions with VCTC staff has indicated their willingness to support this use provided setbacks, fencing and buffer criteria can be met. Written correspondence from VCTC staff indicating their support for this use can be found in the Appendix to this Plan. 3.7 Gateways and Signage 3.7,1 Designated Gateway Locations To facilitate circulation into the downtown and recognize the downtown as a special place in the City, entry monuments should be constructed at the following gateway locations and coordinated with Caltrans or private land owners as appropriate. These entry monuments should be subtle, classy structures that reflect the character of the downtown. Signage should reflect a downtown logo and directional arrows to key stopping points and uses. Signs should be lighted, landscaped, and placed prominently at the back of the sidewalk or as possibly an over - the - street structure. The following gateway locations are suggested: i I • High Street and Moorpark Avenue • High Street and Spring Road • Moorpark Avenue and Los Angeles Avenue (approximate location) VXfp.•a.MpV vv nu11111 MiX•PP..PK E.% Ry MON. MEN: TMwwti W' VGC%7PnAK cIi Ilt'r NQ7- %'1C.' ' I WY InPAnN FH "1Y r.1q•+.ar -r.- I ©04'27" 3.8 Parking Parking in the downtown specific plan area is divided into to separate areas, i.e. High Street and Moorpark Avenue. Parking requirements for Moorpark Avenue should be consistent with the parking requirements of the City's Zoning Ordinance. Special consideration should be given to the High Street area for it parking requirements due to the nature of the area, it state of development and its prominence in the community. While parking should still be convenient consideration should be given to High Street as a shopping center or district and allow on- street parking to be counted toward the current Zoning Ordinance standard. Off - street parking, both private and public, should be placed behind buildings whenever possible. Parking lots can be created behind proposed and existing buildings and reciprocal access and parking agreements should be utilized to maximize shared parking and consolidating access. Directional parking sign should also be utilized to guide customers to parking areas. 3.8.1 Parking Conditions on High Street and Surrounding Streets A parking survey was performed for the High Street, Walnut Street area taking count of on- street and off - street parking that has been provided. On- street parking was based upon actual counts of the existing parking on Walnut Street and an estimate of 105 angle parking spaces that would be striped on High Street. Building square footages estimated for all existing commercial buildings not including the theater. The total square footage of the existing commercial building is 108,300 square feet, requiring 361 parking spaces based upon a ratio of one space for each 300 square feet of building square footage. Approximately 105 diagonal on- street parking spaces can be provided on High Street with an additional 32 parking spaces on Walnut Street for a total of 137 spaces. Based upon an actual count of the existing off - street parking there are a total of 143 parking spaces. Parking for the theater is currently accommodated on the land owned by the Redevelopment Agency, but this is only a temporary measure. Future parking for the theater is anticipated to be in the area of the Civic Center on the west side of Moorpark Avenue, a short distance from the theater. 3.8.2 Parking Conditions on Moorpark Avenue Development along the east side of Moorpark Avenue south of First Street is still primarily in existing single family homes. There are a few commercial developments that have occurred, all of which meet the current parking requirements of the Zoning Ordinance. Development on the west side of Moorpark Avenue is primarily commercial and has existing parking or sufficient areas of land to meet the current parking ' c..i ' Z iL. •J requirements of the Zoning Ordinance. On street parking on Moorpark Avenue is not permitted nor anticipated in the future. 3.8.3 Parking Recommendations Parking along the reach of High Street and its surrounding streets will be sufficient to meet current and future demand if the following recommendations are implemented: a) Development of the Redevelopment Agency owned property must be at a parking ratio consistent with the Zoning Ordinance. b) Parking for the theater must be accommodated in the plans for the future Civic Center. c) Reciprocal access and parking agreements must be required for all new development. Additional driveways should be minimized and shared driveway access required where physically feasible. d) Parking areas should be located behind the buildings whenever physically possible. Parking along Moorpark Avenue will be sufficient to meet current and future demand if the following recommendations are implemented: a) Development of all property must be at a parking ratio consistent with the Zoning Ordinance. b) Properties on the east side of Moorpark Avenue shall utilize the alley for ingress and egress to its parking areas. c) Reciprocal access and parking agreements must be required for all new development. Additional driveways should be minimized and shared driveway access required where physically feasible. d) Parking areas should be located behind the buildings whenever physically possible. 3.8.4 Parking Management Plan As the High Street and surrounding area builds out parking demand may increase and parking management maybe necessary. The following recommendations should be implemented in anticipation of future need: a) Annually adjust the in lieu parking fee based upon the construction cost index. (�f 1i b) Periodically review parking restrictions to make sure that long term parking is limited and there is an adequate number of parking space turnover. c) Work with the downtown merchants to conduct a program so that employees do not park in street curb spaces.\ d) Negotiate with VCTC for the sale of the existing Metrolink parking lot and the adjacent vacant land so that additional parking can be made available to the High Street and surrounding area. Utilize the parking in -lieu fee to pay back the cost of acquisition. e) Work with the VCTC to relocate Metrolink and Amtrak parking to the south side of the railroad tracks so that parking lots on High Street are available for customers of the High Street merchants. f) Provide signage to publicly owned, leased, or used lots. g) Provide pedestrian amenities, access and directional signs to public lots. NORTH SIDE OF HIGH STREET BETWEEN MOORPARK AVENUE AND WALNUT STREET Y 1., O N m W f' EASTSIDE OF MOORPARK AVENUE. NORTH OF HIGH STREET ?jv rwlru to match from' :p' cr a er bncM parapet C-310 pa, apet bu lt•odt 'piiaster lops" awnina & pilasters as on front transom windows darker brief- O r� NORTH SIDE OF HIGH STREET BETWEEN WALNUT STREET AND BARD STREET L k . t � NORTH SIDE OF HIGH STREET BETWEEN BARD STREET AND MAGNOLIA STREET O ID t•.a NORTH SIDE OF HIGH STREET AT SPRING ROAD IMF,tom- A. lF t f i':.,, t 'lhn��WVw.�'ORS f Ffi- 3Yw•' ?�. > P` o 4 �• SOUTHSIDE OF HIGH STREET, WEST OF SPRING ROAD O O �V C .) C) WESTSIDE OF MOORPARK AVENUE AT POINDEXTER AVENUE s $ hea ©vo2�• -, SOUTHWEST CORNER OF MOORPARK AVENUE AND POINDEXTER AVENUE .� tents w�hJn sfr�ieI fame, away from wait new signage A liq or ply+ proJjy e displa. grocfoes drsA bft i x 0 r N WESTSIDE OF MOORPARK AVENUE BETWEEN SECOND STREET AND THIRD STREET �*� _ n f . �t ?'fib `" _ ,,.,,_ - F•'.*'� ,..,.,�... rte. ,�, ._.�� ; �. •. Fr, r,e. Wlf �i!!� ,. r, - Isa.a.�.ri_., ;.. ,... ....... .. __ O Y N r) WESTSIDE OF MOORPARK AVENUE AT LASSEN AVENUE i rte' r,. I r:rHi! flip$ also I� t, y •.:uT:apq I50 t7�f ., . /aCKar; tMXIBf SC�1: ►d?1ffC6r n +EY'1 +? I ?::,,;, r , ,)., � ,. ,.::n,r,. i S . -h •., :. :;,�;?: _ _.y _ .. ": N .w-a. � ' :. fin' , � O N N r, r� EASTSIDE OF MOORPARK AVENUE, NORTH OF FIRST STREET e j 1 er;,atfsed culamtts e.!d reris " +rougf.00 a+�hanced sleir left side oily Style neutral. retAW4 to original modernism and to oM packinghouse across street al 00lf►Z'14 �wl EASTSIDE OF MOORPARK AVENUE. SOUTH OF FIRST STREET will ITEM: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct DATE: May 1, 2006 (PC Meeting of 6/27/06) SUBJECT: Consider Zoning Ordinance Amendment No. 2005 -03 — Amendments to Chapter 17.24: Lot Area and Coverage, Setbacks, Height and Related Provisions; Chapter 17.32: Parking, Access and Landscaping Requirements; and Chapter 17.72: Downtown Specific Plan Overlay Zone (SP -D) BACKGROUND In October of 2005, the City Council adopted an interim moratorium on development in non - residential zones of the Downtown Specific Plan Overlay Zone and on the use of decreased parking requirements in the Downtown area. In December, the Council extended the moratorium until December 8, 2007, at which time the moratorium will expire. The moratorium could be lifted earlier by the Council upon adoption of new parking requirements and development regulations. To address Council concerns, the following items are recommended to be amended: • Chapter 17.24 -Lot Area and Coverage, Setbacks, Heights and Related Provisions • Chapter 17.32 - Parking, Access and Landscaping Requirements • Chapter 17.72 — Downtown Specific Plan Overlay Zone (SP -D) • The Downtown Specific Plan text and exhibits Proposed amendments to the Zoning Code are analyzed in this report. Proposed amendments to the Downtown Specific Plan text and exhibits are discussed in a separate report on this same agenda. DISCUSSION Lot Area and Coverage, Setbacks, Heights and Related Provisions — This chapter of the Zoning Ordinance contains the development requirements for all of the zones except for the C -OT zone. It also includes parking restrictions for recreation vehicles. The intent of the proposed changes is to add in development requirements for the C -OT zone, relocate the parking restrictions from this chapter to Chapter 17.32, clarify the wall and fencing Wor_pri_sery \City Share\Community Development \DEV PMTS\Z O A\2005 \ -03 Downtown Parking, Dev Stds, SP Overlay\Agenda Rpts\pc 060627 doc Honorable Planning Commission June 27, 2006 Page 2 requirements and amend the entire chapter to improve clarity and ease of use. This would address the examination of setbacks in the commercial, industrial and special purpose zones as directed by City Council by Resolution No. 96 -1209 adopted on July 2, 1996. Parking, Access and Landscaping Requirements — Proposed parking requirements for High Street are addressed in this chapter of the Zoning Ordinance. Additionally, recreation vehicle parking restrictions would be relocated to this chapter. It would be appropriate at this time to consider amendments to the parking restrictions for recreation vehicles as directed by City Council by Resolution No. 96 -1237 adopted on October 16, 1996, and Resolution No. 2001 -1810 adopted on January 17, 2001. Downtown Specific Plan Overlay Zone (SP -D) — Presently this zoning text is repetitive of the Downtown Specific Plan text and is therefore unnecessarily long. Proposed amendments to this chapter would reduce the text to only what is necessary to establish the zone, referring to the Specific Plan document for development and design requirements and parameters. ANALYSIS Lot Area and Coverage, Setbacks, Heights and Related Provisions — This chapter is proposed to be renamed "Development Requirements." Development standards for the C- OT zone have been added, the parking sections have been moved to Chapter 17.32: Parking, Access and Landscaping Requirements, walls and fencing requirements have been clarified, and the entire chapter has been reformatted for ease of use and greater clarity. The two tables for OS, AE and R zones and for Commercial, Industrial and Special Purpose zones, indicating setbacks, height, etc. have been reformatted and expanded. The tables now include the development requirements for the C -OT zone, and have added in density consistent with the requirements of the General Plan, minimum lot area, width, and depth, maximum lot coverage, and references to the parking, signage and lighting sections of the Zoning Ordinance for those requirements. Staff is also recommending added flexibility for setbacks on irregularly or unusually shaped lots, setbacks for detached accessory structures, outdoor fireplaces, and setbacks for flagpoles. In the area offences and walls, clarification has been made to fence and wall heights and locations in the front setback area. An allowance for fencing in the downtown residential areas is proposed different than in the other areas of the City. This is due to the existing nature of the walls and fences in downtown. Fencing materials such as fiberglass and bamboo sheeting are now specifically listed as prohibited, requirements for corner cut -offs for visibility regarding erection of walls and fences are clearly delineated, and authority has been given to the Community Development Director to approve wall extensions for vines on perimeter tract walls, i.e. those rear and side yard walls that are adjacent to collector and arterial roadways. Honorable Planning Commission June 27, 2006 Page 3 Parking, Access and Landscaping Requirements— In preparation for the amendment to the downtown off - street parking requirements, staff conducted a survey of all off street parking on the High Street properties between Moorpark Avenue on the west and Spring Road on the east. Since the development on the north side of High Street is the area most impacted by the lack of off - street parking, staff concentrated its efforts there, with the following results of its study: Buildings on North Side High Street (excluding Theater Required Parking Total existing off- Number of Off- Parking on Lot Total Existing at 1 space /300 street parking Street Parking Adjacent to Metro Parking square feet for spaces on North Spaces when High Lot 108,300 square Side of High Street Street is re- striped, feet plus On Street Parking on Walnut Street 361 143 105 + 33 31 1 312 Theater parking was excluded from the study since its parking demands do not normally occur at the peak parking demand times. It is also anticipated that when the Civic Center is developed that additional parking will be provided to accommodate the parking needs of the theater. It should also be noted that for this exercise, parking for restaurants was calculated at 1 space per 300 square feet of floor area rather than 1 space per 100 square feet. Since the Redevelopment Agency is in the final process of acquiring the vacant property west of the Metrolink Parking Lot on the south side of High Street, parking on this land was counted at an estimated 30 additional off street parking spaces. If the City or the Redevelopment Agency were to acquire the existing Metrolink Parking Lot with its 62 parking spaces and devote those spaces to High Street parking, there would be an overage of 12 spaces, or 3% over the requirement of 1 space for 300 square feet of floor area. A continuation of the current parking reduction will make parking conditions on High Street worse. However, because High Street is being planned as a shopping district and because most people expect that there may be some limitation on parking, staff is comfortable with allowing a reduction in the parking standard of up to seventy -five percent (75 %) of the 1 space per 300 square feet of floor area. Additionally, continuing to allow the payment of an in -lieu parking fee is appropriate, but only to buy down to fifty percent (50 %) of the standard. This recommendation is with the expectation that the Redevelopment Agency land on the south side of High Street will be parked at one - hundred percent (100 %) of the parking requirement and with the strong recommendation that the City or the Agency pursue acquisition of the Metrolink Parking Lot for High Street Parking. With respect to recreation vehicle parking restrictions and other parking restrictions, this added section to the General Requirements of Parking Spaces has been moved from Chapter 17.24. The recreation vehicle parking restrictions have been amended to restrict parking of recreation vehicles in the front setback area and in particular on the driveway in Honorable Planning Commission June 27, 2006 Page 4 the front setback area. It now requires that the recreation vehicle be parked on a paved surface in the side or rear yard and that the vehicle must be adjacent to the dwelling or garage, not extend or protrude further than the front line of the garage or adjacent dwelling and that the view of the vehicle from the street is screened by a six (6) foot high opaque and decorative gate. Downtown Specific Plan Overlay Zone (SP -D) — The existing text of this zone repeats all of the development requirements that are listed in Chapter 17.24 and those requirements of the adopted Downtown Specific Plan. However, it does not contain all of the development requirements, leading to confusion by applicants and City staff. It is not legally necessary or required to repeat chapters or sections of the Zoning Ordinance. Simple references to the appropriate chapters or sections of the Zoning Ordinance and to the Downtown Specific Plan are sufficient. The proposed amendment does exactly that. PROCESSING TIME LIMITS Time limits have been established for the processing of these amendments through the adoption of the extension of the downtown moratorium which will expire on December 8, 2006. The following timelines have been established for action on this project: Planning Commission Action Deadline: September 26, 2006 City Council Action Deadline First Reading: October 18, 2006 City Council Action Deadline Second Reading: November 1, 2006 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. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2006- recommending to the City Council approval of ZOA 2005 -03. 000?,, Honorable Planning Commission June 27, 2006 Page 5 ATTACHMENTS: Exhibits A. Existing Chapter 17.24 B. Existing Sections 17.32.025 and 17.32.060 C. Existing Chapter 17.72 2. Draft PC Resolution with Amended Chapter 17.24, Amended Sections 17.32.025 and 17.32.060 and Amended Chapter 17.72 0 ng 2 Existing Chapter 17.24 LOT AREA AND COVERAGE, SETBACKS, HEIGHT AND RELATED PROVISIONS 17.24.010 Purpose. The purpose of this chapter is to set forth specific development standards which are applicable to the zones specified, and to delineate certain instances where exceptions to the requirements are allowed. Section 17.24.020 lists in matrix form specific development standards applicable to specific zones. (Ord. 189 § 3 (8106 -0), 1994) 17.24.020 Schedules of specific development standards by zone. The following tables indicate the lot area, setback, height and building coverage standards which apply to individual lots in the zones specified. Table 17.24.020A DEVELOPMENT STANDARDS FOR O -S, A -E AND R -ZONES Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot side -yard setback (second story only) and a twenty (20) foot rear yard setback from the adjacent property line. Minimum Lot Zone Area' O -S 10 acres A -E 40 acres R -A One acre R -E 10,000 sq. ft. Required Required Minimum Minimum Setbacks2: Setbacks2: Side: Side: Reverse Interior Corner and Lots: Center Required Lots, Minimum Except Setbacks2: Reverse Front Corner 20' 10, Required Maximum Minimum Structure Setbacks2: Height Side: 'Exceptions Reverse (Main Corner Required Lots: Minimum Street Setback52: Side Side: Rear 10 15 10' Maximum Structure Height Accessory Structure . (O- S /A -E/ R -A) same as main structure PC ATTACHMENT 1A Of Maximum Maximum Structure Structure Height Height 'Exceptions Main (Main Structure Structure) 25' Height may be increased above 25' (to maximum 35') if each side yard is at least 15' Maximum Structure Height Accessory Structure . (O- S /A -E/ R -A) same as main structure PC ATTACHMENT 1A Of R -O 20,000 sq. ft. R -1 6,000 sq. 20'6 ft. R -2 7,000 sq. ft. R -P- As ~ ~ D specified by permits " See Section 17.36.030(B)(3)(a) " As specified by permit 35' Notes for Table 17.24.020A: 1. Zone suffix (Section 17.12.020) may require greater minimum lot area. See Section 17.24.030 (or other exceptions). 2. See Sections 17.24.060 and 17.24.070 for exceptions. See Section 17.24.050C for flag lot setbacks. 3. See Sections 17.24.060, 17.24.080 and 17.24.090 for exceptions. 4. Minimum lot area per dwelling unit: 3,500 square feet. 5. Minimum density: one dwelling unit per acre: maximum density: 30 dwelling units per acre. 6. See Section 17.24.060K for exception. Table 17.24.0206 DEVELOPMENT STANDARDS FOR COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONES 15'3 but if provided or if any side is adjacent to R- zoned property, then 10 feet on that side Side: 5' C -1 As 5 feet on 5 feet if specified corner lots adjacent by permit to an R- zone; otherwise as specified 35' 60') with planning commission C.U.P. 2 O()a'2,1w" Required Maximum Minimum Maximum Maximum Building Setbacks': Structure Structure Coverage Each Height: Maximum Structure Height: Minimum From Interior Main Height: Exceptions Accessory Zone Lot Area Street Yard Structure (Main Structure) Structure C -0 No 50% of lot Front: 20' None 25' Height may be As specified Requirement area required, increased (to maximum by permit but if provided or if any side is adjacent to R- zoned property, then 10 feet on that side Side: 5' C -1 As 5 feet on 5 feet if specified corner lots adjacent by permit to an R- zone; otherwise as specified 35' 60') with planning commission C.U.P. 2 O()a'2,1w" Notes for Table 17.24.0206: 1. See Section 17.24.060 for exceptions. See Section 17.24.050C for flag lot setbacks. 2. See Section 17.36.030C. 3. Minimum project area. 4. A 30 -foot setback, in conjunction with appropriate opaque screening, may be required (1) when the industrial site is adjacent to or across the street from an R -zone; (2) to maintain uniformity with existing adjacent development; or (3) on the basis of the configuration of the industrial site. NOTE: For all industrial and commercial zones, buildings shall be set back from edge of right -of -way for all existing and planned (as shown in adopted circulation element) four (4) and six (6) lane arterials and four (4) lane rural connectors as follows: thirty (30) feet of building setback for all front yard and ten (10) foot building setback for all side yards with a minimum of ten (10) feet of landscaping behind the front and side yard property lines. From all existing and planned local connectors and two lane rural connectors, the building setback shall be twenty (20) feet for the front and ten (10) foot building setback for the side yard with a minimum of ten (10) feet of landscaping behind the front and side yard property lines. Said setbacks shall be landscaped, except for walkways and front -to -back driveways, and shall not be used for drive aisles or parking. The ten (10) feet is for landscaping only with the exception of a public sidewalk as long as the right -of -way is not reduced as a result of the public sidewalk being partially or totally within the required ten (10) feet of landscaping. (Ord. 189 § 3 (8106 -1), 1994) 17.24.025 Setbacks in the downtown area. Front, rear and side -yard setbacks in the downtown area (as defined in Section 17.40.020 of this code), shall be as specified by permit. (Ord. 205 § 3 (8106- 1.2.1), 1995) 17.24.030 Exceptions to lot area. 3 0 111.25`' by permit' C2 C -P- D T -P See note 2. As 25' specified by permit P -C 100 Acres3 As As specified by permit specified by permit M -1 10,000 sq. As 20i4 5 feet if 30' May be increased to 60' ft. specified adjacent with planning director by permit to an R- approval zone; otherwise as specified by permit M -2 15'4 M -3 10'4 As Maximum 60' when specified located within 100' of R- by permit zoned property Notes for Table 17.24.0206: 1. See Section 17.24.060 for exceptions. See Section 17.24.050C for flag lot setbacks. 2. See Section 17.36.030C. 3. Minimum project area. 4. A 30 -foot setback, in conjunction with appropriate opaque screening, may be required (1) when the industrial site is adjacent to or across the street from an R -zone; (2) to maintain uniformity with existing adjacent development; or (3) on the basis of the configuration of the industrial site. NOTE: For all industrial and commercial zones, buildings shall be set back from edge of right -of -way for all existing and planned (as shown in adopted circulation element) four (4) and six (6) lane arterials and four (4) lane rural connectors as follows: thirty (30) feet of building setback for all front yard and ten (10) foot building setback for all side yards with a minimum of ten (10) feet of landscaping behind the front and side yard property lines. From all existing and planned local connectors and two lane rural connectors, the building setback shall be twenty (20) feet for the front and ten (10) foot building setback for the side yard with a minimum of ten (10) feet of landscaping behind the front and side yard property lines. Said setbacks shall be landscaped, except for walkways and front -to -back driveways, and shall not be used for drive aisles or parking. The ten (10) feet is for landscaping only with the exception of a public sidewalk as long as the right -of -way is not reduced as a result of the public sidewalk being partially or totally within the required ten (10) feet of landscaping. (Ord. 189 § 3 (8106 -1), 1994) 17.24.025 Setbacks in the downtown area. Front, rear and side -yard setbacks in the downtown area (as defined in Section 17.40.020 of this code), shall be as specified by permit. (Ord. 205 § 3 (8106- 1.2.1), 1995) 17.24.030 Exceptions to lot area. 3 0 111.25`' The following are exceptions to the minimum lot area regulations stated in Section 17.24.020: A. Water Well Sites. A water well site or sites, each no more than one thousand two hundred (1,200) square feet, may be created on a lot for the sole purpose of transferring, by lease or sale, possession of the well and so much of the land around the well as may be necessary for use of water from the well for agricultural purposes only. 1. Park and Recreational Facilities. Any lot area reductions granted to subdividers before the effective date of this title under the community park and recreation facilities provisions of the previous zoning ordinance and recorded with the final map shall remain in effect. 2. Fire Stations. There shall be no minimum area for a lot in the O -S, A -E or R -A zones or any of the subzones thereof during the period of time the lot is held by a public entity for present or future use as a fire station or is dedicated to a public entity for such use. Any lot in such zones or any subzones thereof which: a. Was created by a conveyance of a portion of a larger lot to a public entity for present or future use as a fire station, or was created by a subdivision map which dedicated the lot to a public entity for such use; and b. Would have been nonconforming at the time of such creation if it had not been conveyed or dedicated to a public entity; and c. Does not conform to minimum area requirements applicable to other lots in the same zone or subzone which have not been conveyed or dedicated to a public entity, may not be used for any purpose other than a fire station site by the public entity or its successors in interest. (Ord. 189 § 3 (8106 -2), 1994) 17.24.040 Purpose and use of setbacks. The setback regulations are intended to prevent the overcrowding of land, provide privacy, preclude narrow, unusable spaces between buildings and provide clear areas for fire safety purposes, both to retard the spread of fire and to enable emergency personnel to reach side and rear areas of buildings. The setback regulations are intended to apply to buildings with foundations, and other structures such as those for parking and storage, whether or not they have foundations, and to open storage. The regulations are not intended to apply to trees or other natural vegetation, nor to construction that does not extend above grade level, nor to pools designed to hold less than eighteen (18) inches of water depth, nor to such .things as outdoor furniture or unenclosed play structures for children (except if designed for use with wheeled footwear or vehicles of any kind), provided that such items are placed so as not to hinder the above objectives. No required setback shall be used for parking or storage of any vehicles, nor for open storage or garages or other accessory buildings, except as specifically provided in this title. (Ord. 189 § 3 (8106 -3), 1994) 17.24.050 Measurement of setbacks. A. Measurement of Rear Setback from an Alley. In computing the depth of a rear setback for any lot abutting an alley, the setback may be measured from the midpoint of the rear alley. 4 of 2_ B. Setbacks from Easements. If the only means of access to one (1) or more lots is by way of an easement, the easement shall be considered as a street for purposes of determining setbacks on lots over which the easement passes. C. Determination of Setbacks for Flag Lots. In the case of flag lots, the setbacks shall be measured from the applicable front (F), rear (R) and sides (S) of the lot as designated in the following diagram. 1. In cases involving flag lots of a type not represented in the diagram, the director of community development shall determine the minimum setbacks. 2. Any portion of a flag lot that is adjacent to a street is a "required setback adjacent to a street' for purposes of fence regulations. FLAG LOT CHART t � �-- a b If a = b, applicant designates C or D as front t 9 R t Si IS I J F r--- - - - - -- R F t ` D. Determination of Setbacks for Through Lots. 1. If the area of a through lot is less than twice the minimum lot area for the zone, one (1) street frontage shall be designated as the front, and the other frontage shall be the rear. 5 Qc �• ��, 2. If the lot area is two (2) or more times the minimum area for the zone, each street frontage shall be considered a front for purposes of determining setbacks. (Ord. 189 § 3 (8106 -4), 1994) 17.24.060 Intrusions into required setbacks. The following are exceptions to the standards given in Section 17.24.020. A. Accessory Structures in Certain Setback Areas. Detached accessory structures not used for human habitation may be constructed to within three (3) feet of interior and rear lot lines, provided that: 1. In no case shall any such accessory structure exceed fifteen (15) feet in height; 2. In no case shall any such accessory structure(s) occupy more than forty percent (40 %) of the rear setback area which is measured by multiplying the required minimum rear setback set forth in Section 17.24.020 by the particular lot width; and 3. Setbacks for the street side of the lot shall be maintained as set forth in Section 17.24.020. 4.a. A trailer, boat or other similar recreational vehicle shall not be parked in the driveway within ten (10) feet from the face of the curb. Parking of a vehicle in the side or rear yards (not in required setback areas) shall be screened from view. Parking of such vehicles shall not occur within ten (10) feet of the rear or within three (3) feet of the side yard property lines. b. Motor vehicles shall not be parked within any front or street side setback, except that fully operative, licensed and registered vehicles may be parked in a driveway access to the required parking or on a paved area adjacent to the driveway, as an accessory use to the dwelling, and except as provided elsewhere in this chapter. At no time may more than fifty percent (50 %) of the required front setback area be covered by asphalt, concrete, or other hardscape materials used for vehicle parking or as a vehicle driveway. The vehicle parking or driveway area must be connected to a public right -of- way through a city- approved curb approach. B. Accessory Structures in Front Setbacks on Through Lots. An accessory structure not exceeding fifteen (15) feet in height may be located in one (1) of the required front setbacks on a large through lot, as described in Section 17.24.060(D)(2), provided that every portion of such accessory structure is at least ten (10) feet from the nearest front line. C. Parking in Setbacks. 1. Motor vehicles shall not be parked within any front or street -side setback, except that fully operative, licensed and registered vehicles may be parked in the driveway access to the required parking or on a paved area adjacent to the driveway, as an accessory use to a dwelling, and except as provided elsewhere in this title. Any additional paved area for parking purposes may not exceed fifty percent (50 %) of the area covered by the existing driveway and not exceed thirty (30) feet in total width. 2. No required setback may be used for the provision of required parking spaces, except as specifically provided in this title. 3. On interior lots, a minimum three (3) foot wide area adjacent to one (1) side lot line must be kept free of operative vehicles and open storage (see Section 17.28.020F). 6 0 et, 2�3 4. Commercial Vehicles in Residential Areas. It is unlawful to park a commercial vehicle, as defined in the Vehicle Code, having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more on any highway, street, alley, public property or private property in a residential zone or district, when the parking is not connected with work or service to a property which reasonably requires the presence of the commercial vehicle in the residential zone or district, or for more than the time reasonably necessary to carry out such work or services to the property. D. Architectural Features. Eaves, cornices, canopies, belt courses, sills, buttresses and other similar architectural features that do not create additional floor area or living space may project a maximum of two and one -half (2'/2) feet into required front setbacks, two (2) feet into side setbacks and four (4) feet into rear setbacks, and may not be closer than two (2) feet to any side or rear property line. Such features shall not be closer than two (2) feet to a line midway between the exterior walls of buildings located on the same lot. E. Heating and Cooling Equipment. Accessory heating and cooling equipment and necessary appurtenances may be located to within three (3) feet of any side or rear lot line. F. Balconies, Fire Escapes and Stairways. Open, unenclosed stairways or balconies may extend into required rear setbacks not more than four (4) feet, and into required front setbacks not more than two and one -half (2'/2) feet. G. Chimneys and Fireplaces. Masonry chimneys and fireplaces may project into required setbacks or required common open space not more than two (2) feet provided that such chimneys or fireplaces shall not be closer than three (3) feet to any side property line of the lot. Where more than one (1) building is located on the same lot, such chimneys or fireplaces shall not be closer than three (3) feet to a line midway between the main walls of such buildings. H. Depressed Ramps. Open -work fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps may be located in required setbacks or required common open space, provided that such devices are not more than three and one -half (3'/2) feet in height. I. Uncovered, Unenclosed Landings and Porches. Uncovered porches, platforms or landings which do not extend above the level of the first floor of the building may extend into required front setbacks not more than six (6) feet, and into required side and rear setbacks no closer than three (3) feet to the property line. An open -work railing not more than three (3) feet high may. be installed or constructed on such porch, platform or landing. J. Decks. 1. When constructed at or below the level of the first floor of the building, a deck may extend into required side or rear setbacks, but may not occupy more than forty percent (40 %) of a required rear setback, nor be located closer than three (3) feet to a side or rear property line. 2. Two (2) story homes proposing a second floor deck or balcony are subject to the same setback requirements as the main residence with the exception that the required rear yard setback for the second story balcony or deck shall not be less than ten (10) feet and the side yard setback shall not be less than ten (10) feet. The color and the 7 O(�4 >.2r .,4 materials of the second story deck shall complement those of the main structure. Maximum height shall be twelve (12) feet, not including railing height. K. Exception to Front Setback. In the R -1 and R -2 pones, dwellings constructed with carports or garages having a curved or "swing" driveway, with the entrances to the carports or garages facing the side property line, may have a minimum front setback of fifteen (15) feet. L. Temporary Dwellings During Construction. A mobilehome or recreational vehicle which is used as a temporary dwelling during construction shall be set back at least five (5) feet from the property lines of the lot on which it is placed. M. Swimming Pools and Spas. Swimming pools, spas, hot tubs and similar structures may be constructed to within five (5) feet of rear and interior side lot lines and three (3) feet from structure, provided that they do not intrude into any front or street -side setback. Pools designed to hold less than eighteen (18) inches of water depth are exempt from setback requirements. N. Patio Covers. Covered patios that'are attached to the main dwelling shall maintain the same setbacks as the main residence, except that the rear yard setback may be reduced to ten (10) feet. The maximum height of a patio cover shall be twelve (12) feet. The color and the materials of the patio cover shall complement those of the main structure. (Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8106 -5), 1994) 17.24.070 Miscellaneous setback regulations. A. Distance Between Structures on the Same Lot. The minimum distance between structures on the same lot shall be six (6) feet, except that no detached dwelling shall be placed closer than ten (10) feet to any other detached dwelling. These requirements refer to minimum distances between exterior walls or other supports. B. Garages and Carports. Except as otherwise provided in this title, garages and carports shall be set back sufficiently from streets from which they take access to provide for twenty (20) linear feet of driveway apron, as measured along the centerline of the driveway from the property line to the garage or carport. C. Setbacks from Existing Oil /Gas Well Sites. 1. No dwelling should be constructed within eight hundred (800) feet of an existing oil /gas well site unless it is unavoidable. No dwelling shall be built within five hundred (500) feet of an existing well site unless the owner records with the title to the property a statement, acceptable to the city attorney, acknowledging the presence of the well site and the fact that operations associated therewith, including well drilling and redrilling, may disturb the occupants, even though said operations are being conducted in accordance with specific permit conditions, the best accepted practices incident to the exploration of oil and gas, and the provisions of this title. 2. If such an acknowledgement is recorded, the dwelling may be located less than five hundred (500) feet from an existing oil well site, but in no case less than one hundred (100) feet from said well site. For purposes of this section, "well site" means the area around a well, which may contain production facilities. (Ord. 189 § 3 (8106 -6), 1994) 8 U! 17.24.080 Exceptions to height limits. The following are exceptions to the height limits stated in Section 17.24.020: A. Antennas, Ground - Mounted. Ground - mounted citizens' band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum height of forty (40) feet. Ground - mounted antennas may be erected above the height limit of forty (40) feet, under the permit prescribed by this title, provided that no antenna or mast shall exceed seventy- five (75) feet in height, and the design of such antennas shall be in accordance with Section 17.28.020(A). B. Roof Structures. Roof structures may be erected above the height limits prescribed in this title, provided that no additional floor space is thereby created. (Ord. 189 § 3 (8106- 7), 1994) 17.24.090 Miscellaneous regulations. A. Fences, Walls and Hedges. 1. No fences over three (3) feet high may be placed in a required sight triangle (see subsection D of this section), in a required setback adjacent to a street, or in ten (10) foot by ten (10) foot right triangle on each side of a driveway on a side property line. A maximum six (6) foot high fence may be located in other areas of a lot. Exceptions: a. A six (6) foot high see - through fence may be located anywhere on a lot of twenty thousand (20,000) square feet or more. b. A six (6) foot high fence may be placed in the streetside setback of a corner lot other than a reverse corner lot. c. A maximum eight (8) foot high fence may be located: i. On a vacant or developed lot zoned O -S, A -E or R -A, or on any vacant or developed lot in a commercial or industrial zone, anywhere except within a required sight triangle or setback adjacent to a street; or ii. On any vacant or developed lot zoned R -E, R -O, R -1, R -2 or R -P -D that abuts or is across the street from a lot in a commercial or industrial zone or a lot zoned O -S, A -E or R -A, provided that such fence is located at or near the boundary line separating such lots, but not in a required sight triangle or setback adjacent to a street. d. A maximum twelve (12) foot high see - through fence may be located around a tennis court anywhere on a lot, except in a required setback adjacent to a street. 2. Except as otherwise provided herein, fences over six (6) feet in height require a zoning clearance; see also Section 17.20.040. 3. No barbed wire, razor -edge, or similar type of fencing is permitted in R -zones or commercial zones, or on properties in M -zones which abut or are across the street from R -zoned properties, if such fencing would be visible from the R -zoned property or properties. 4. If there is a difference in grade levels on the two (2) sides of a fence, the height shall be measured from the higher grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten (10) feet, and further provided that in a required setback adjacent to a street, fence height shall be measured from adjacent grade on the street side of the fence. 9 ? 2 r- r• , V ! J ,, 5. The provisions of this section shall not apply to a fence required by any law or regulation of the state of California or any agency thereof. B. Accessory Parking and Storage of Large Vehicles. No residential, agricultural or open space zoned lot shall be used for the accessory parking or storage of vehicles which are designed to carry more than a three - quarter ton load and which are used for shipping or the delivery of freight and products, except those lots where delivery to storage or market of agricultural commodities is permitted under this title and is occurring on said lot. C. Connection of Structures. An accessory structure will be considered to be detached from the main structure unless: 1. The roof connecting the two (2) structures complies with all of the following: a. It is essentially a continuation of the roof of the main structure; b. It resembles the roof of the nearest enclosed, habitable area of the main structure in terms of pitch, materials, etc.; and c. It is imperforate; or 2. The space between such structures is completely enclosed by walls attached to each structure. D. Sight Triangle. Where there are no controls (stop signs or signals) on either street at an intersection, a sight triangle (see definitions) must be provided on each corner adjacent to the intersection. No structures or landscaping over three (3) feet in height which could block the view of approaching traffic on either street shall be located or constructed within any required sight triangle. E. Sight Distance. Adequate sight distance shall be provided at intersections. In cases where the minimum setback requirements of Section 17.24.020 do not provide such sight distance, particularly where streets intersect at less than ninety (90) degrees and traffic is controlled (e.g., by stop signs) on only one (1) of the streets (the "minor street "), setbacks for discretionary projects must be adjusted to provide adequate sight distance in accordance with the following table. The sight distance shall be measured from a point in the center of the minor street eight (8) feet behind the designated stopping point for vehicles on such street, or behind a continuation of the intersecting curb line, to the center of the nearest (curbside) driving lane on the intersecting ( "major ") street. No structures or landscaping over three (3) feet in height which could block the view of approaching traffic on the major street shall be constructed or located on the street side of the line connecting the two (2) points. Curb cuts on discretionary projects should be considered minor streets for purposes of this section. Speed Limit On Sight Distance Major Street (mph) Required (ft). 25 165 30 190 35 225 40 260 45 300 50 350 55 400 10 F. Light Fixtures. The following regulations apply to light fixtures over two (2) feet in height: 1. Maximum height is twenty -four (24) feet (twelve (12) feet if within one hundred (100) feet of residentially zoned property) unless a greater height is approved by the director of community development or his designee. 2. Such fixtures shall not be placed in side setbacks. 3. Lights in excess of one hundred (100) watts shall not result in direct illumination of adjacent properties. 4. A lighting plan shall be submitted for all approved entitlement projects governed by Chapter 17.44. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. 5. Fixtures must provide sharp cut -off qualities which minimize light spillage at property lines. 6. Energy- efficient lighting fixtures shall be provided which are compatible with adjacent properties. 7. No direct light source (bulb) shall be visible from the road. 8. The architectural design of the pole(s) and lamp(s) shall complement the design of the building. 9. Eliminate upward light spillage. (Ord. 189 § 3 (8106 -8), 1994) 11 (A "4 -ZI_" Existing Parking Sections 17.32.025 Downtown parking requirements. Parking in the downtown area (as defined in Section 17.40.020 of this code) shall meet one -half the standards required pursuant to Section 17.32.010 of this chapter. Of the parking required by this section, the applicant may choose to pay an in -lieu fee in order to reduce any portion of the parking spaces otherwise required to be provided on -site. The fee shall be established by city council resolution and shall be used to offset a portion of the cost required to construct public parking facilities in the downtown area. 17.32.060 General requirements of parking spaces. D. Parking in Setbacks. See Sections 17.24.040 and 17.24.060C. E. Residential Access. Access to parking spaces for dwellings shall be at least ten (10) feet wide throughout and paved with a minimum of two and one -half (2' /Z) inches of asphalt or concrete, except that a center strip over which the wheels of a vehicle will not normally pass need not be paved, provided that the access complies with the requirements of the Ventura County fire protection district. For flag lots the minimum access width shall be twenty (20) feet. Driveways serving more than two (2) dwelling units shall be at least eighteen (18) feet wide. See also Section 17.24.0706. PC ATTACHMENT 1 B 0('02T, Existing Chapter 17.72 DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D) 17.72.010 Purpose. The development standards and design guidelines for downtown Moorpark are intended to reinforce building character and establish design criteria for all new buildings, renovated buildings, and remodels. 17.72.020 Terms and definitions. Words and terms used within the downtown specific plan and overlay zone shall have the same meaning and definition as given within the Moorpark municipal code, including Chapter 17, zoning ordinance and the city general plan. 17.72.030 General provisions. These provisions of the downtown specific plan overlay zone apply to properties in the downtown specific plan area and supplement the other regulations of the zoning ordinance. The specific plan development standards and design guidelines are consistent with, and further, the city zoning ordinance. In such cases where the specific plan development standards and zoning code standards conflict, the specific plan development standards shall apply. 17.72.040 Review procedures. Design review procedures identified within the downtown specific plan shall apply to any private or quasi - public parcel or building within the specific plan area. Design review is generally required for all new construction, exterior modifications, and substantial remodels to existing buildings, single and multifamily residences, parking lots and exterior pedestrian areas. Design review occurs in conjunction with the respective entitlement process which is governed by Chapter 17.44 of the city's zoning ordinance. In addition to the city's zoning ordinance, projects must comply with the standards provided in the specific plan. Projects shall comply with the standards set forth in this district, the specific plan and the existing zoning designation. 17.72.050 Design and landscape guidelines. The design guidelines contained within the downtown specific plan are intended to reinforce building character, and establish design criteria for all new buildings, renovated buildings, and remodels. The guidelines should be used in conjunction with the downtown vision plan (Section 1.1 of the downtown specific plan), and are intended to provide property owners, merchants, and their designers with the basic design criteria. PC ATTACHMENT 1 C +i 04''2l; .l follows: A. Goals of the Development Standards and Design Guidelines. The goals of these development standards and design guidelines are as follows: 1. Establish a hierarchy of building types in the downtown area utilizing a landmark building designation to identify special and important places; 2. Provide basic design recommendations for all buildings in the downtown promoting design creativity, and variation while insuring consistency in building scale, proportion and pedestrian orientation; 3. Establish clear and usable standards, guidelines and criteria; 4. Protect and enhance historical architectural buildings and utilize historical building forms and styles to create future buildings. B. The design guidelines and landscape guidelines should be considered in conjunction with the development standards. 17.72.060 Single- family residential (R -1). A. Site Development Standards. 1. Land Use and Permitted Uses. The single - family residential designation is intended to accommodate single- family home developments on varying sized parcels, while preserving hillside landforms and historic weave of the neighborhood character. This land designation allows for second dwelling units when an administrative permit has been secured in accordance with zoning code Section 17.28.020(G). Secondary dwellings are not encouraged on small to medium sized lots. Land uses shall be permitted as designated in Table 17.20.050 of the zoning code. 2. Density. Existing land use patterns in the single density residential areas of the plan are characterized by both developed and undeveloped parcels that range from six thousand (6,000) square feet to greater than one (1) acre in size. A number of parcels north of Everett Street and along Valley Road are located in hillside areas with slopes in excess of twenty (20) percent, making them subject to hillside management development requirements. The maximum density for the single - family residential area is four (4) to six (6) units per acre. 3. Building Setbacks. Building setbacks in the single- family residential zone shall conform to the following standards, with setback intrusions permitted only as described in Section 17.24.060A of Title 17 of the Moorpark zoning code, including setback requirements for detached accessory structures. Section 17.24.070 shall determine the extent of any other miscellaneous setback requirements. YARD SETBACKS Front From main house Minimum 20 feet From front porch Minimum 14 feet Side Interior lot Minimum 5 feet 2 Corner lot street side Minimum 10 feet Rear Minimum 15 feet 4. Height. a. For the primary structure, the maximum height is twenty -five (25) feet; measured from finish grade to the highest point of a flat or mansard roof, or in the case of pitched or hip roof, to the "averaged midpoint' which is the average of the highest point on the roof with the top of the finished wall height. b. The maximum height for an accessory structure is fifteen (15) feet. The maximum height of a patio cover or second story deck (excluding rail height) shall be twelve (12) feet. Exceptions to building height may only be permitted in accordance with Section 17.24.080 of Title 17 of the Moorpark municipal code. 5. Second Dwellings and Building Additions. a. Second dwellings are permitted on lots that are ten thousand eight hundred ninety (10,890) square feet (1/4 acre) or larger in size. For lots ten thousand eight hundred ninety (10,890) square feet (1/4 acre) to twenty -one thousand seven hundred eighty (21,780) square feet (1/2 acre) -- a second dwelling unit shall not exceed eight hundred (800) square feet. These units may be located over garages. All secondary structures and building additions /expansions should complement the existing structure in form, massing, building materials and architectural character. b. The maximum size of the second dwelling shall be limited to the following lot size limitations: LOT SIZES SECOND DWELLING FLOOR AREA 1/4 acre - 1/2 acre 800 sq. ft.* (10,890 - 21,780 sq. ft.) * Per City of Moorpark Zoning Code. i. The planning commission may authorize exceptions to the standards by use permit upon finding that (1) the purpose of this section is served (2) strict compliance with the size limitations would (a) require significant structural modifications that would not otherwise be required, or (b) adversely affect an historic or architecturally significant building. ii. Either the primary unit or the second unit must be owner - occupied. iii. Accessory buildings shall not be located in front setback areas between the main structure and the public street. iv. The style material and color of accessory buildings visible from public streets shall be the same or substantially consistent with the main structure. v. In the case of carport design: (A) Materials and colors shall be the same as the main building, 3 (B) Where carports back up to public streets or alleys, provide rear carport walls to screen cars, (C) Include facias in carport roof design to screen support beams and trusses, (D) Roof design should be compatible with the main structure. 6. Maintenance and Renovation. A. Quality maintenance of existing buildings and parcels, combined with gradual progression in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.2 of the downtown specific plan apply to the single - family residential designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.070 Two - family residential (R -2). A. Site Development Standards. 1. Land Use and Permitted Uses. The two- family residential designation is intended to accommodate duplex and secondary dwelling units in addition to single - family residential development. This land designation allows for second dwelling units in accordance with Chapter 17.20 of the zoning code. Land uses shall be permitted as designated in Table 17.20.050 of the zoning code. 2. Density. Existing land use patterns in the two- family residential areas of the plan are characterized by mostly developed parcels that range from six thousand (6,000) to eight thousand (8,000) square feet in size. These parcels face onto Flory Avenue and have alley access along their western boundary, adjacent to the office zone. The maximum density for the two - family residential area is four (4) to six (6) units to the acre. The minimum site area per dwelling unit is three thousand five hundred (3,500) square feet. 3. Building Setbacks -- Two - Family (R -2). Setbacks for the two- family residential designation shall comply with the setbacks for the single - family residential designation contained in Section 17.72.060(A)(3). 4. Height. Height requirements for the two- family residential designation shall comply with the height requirements for the single - family residential designation contained in Section 17.72.060(A)(4). 5. Second Dwellings and Building Additions. Second dwellings and building additions for the two- family residential designation shall comply with the second dwellings and building additions for the single - family residential designation contained in Section 17.72.060(A)(5). 6. Maintenance and Renovation. Maintenance and renovation for the two - family residential designation shall comply with the maintenance and renovation for the single - family residential designation contained in Section 17.72.060(A)(6). B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.080 Residential planned development-- (R -PD). A. Site Development Standards. The residential planned development category is intended to provide small lot single - family and attached housing: townhouses, condominiums and apartments. These units should be well articulated as individual or collective units, and act as a transition between single - family residential and the old town commercial zone. Buildings shall be generally oriented toward the street with parking courts located behind. 1. Land Use and Permitted Uses. The residential planned development designation is intended to allow for a wide range of residential development products as a primary use, with limited office as a secondary use. The range of residential density that is covered by this specific plan designation is inclusive of both the high density (seven (7) units to the acre) and very high density (fourteen (14) units to the acre) general plan land use designations. A fifteen (15) unit density allocation applies only to the developed property east of Spring Road between High Street and Charles Street. Permitted uses in the R -PD zone are designated in Table 17.020.050 of the city zoning code. 2. Density. The majority of the existing land use pattern in the residential planned development areas of the plan are characterized by lots that are in the seven thousand (7,000) to eight thousand (8,000) square foot range. There are some lots which are sixteen thousand (16,000) square feet or greater in size that occur where smaller lots have been combined, or a single cohesive development has occurred (as with the senior housing project at Magnolia and Charles Streets). The density maximums within the residential planned development area have been designed to encourage lot consolidation and redevelopment of underdeveloped or declining properties. The maximum permissible density for the residential planned development area ranges from seven (7) to fourteen (14) units to the acre and up to twenty (20) units /acre should low /very low or senior housing be built. (Refer to Section 17.72.150 for explanation and density standards contained within the lot consolidation incentive and the building renovation programs). The specific plan RPD district allows a second dwelling on residential zoned lots as permitted by the city zoning code Chapter 17.28.020(G)(C). 3. Building setbacks -- Residential planned development (R -PD). 5 004). YARD SETBACKS (from property line) Front Main House Minimum 20 feet Front Porch Minimum 14 feet Side Interior Lot Minimum 10 feet Corner lot street side Minimum 20 feet Rear As determined on project by project basis* * Shall be adequate to provide buffering from incompatible adjacent land uses. 4. Height. The maximum height is thirty -five (35) feet; measured from finish grade to the highest point of a flat or mansard roof, or in the case of pitched or hip roof, to the "averaged midpoint" which is the average of the highest point on the roof with the top of the finished wall height. There is a three (3) story maximum on main structures. 5. Accessory Structures and Building Additions. Generally, secondary structures and building additions /expansions should complement the existing structure in form, massing, building materials, and architectural character. However, if the existing structure is already not in keeping with the design characteristics established by this section, compatible materials and architecture may create an even larger design compatibility gap. The programs and standards contained in Section 17.72.160 are designed to encourage and guide building additions and renovations towards agreement with the design characteristics established within the specific plan. 6. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with gradual progression in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of the downtown specific plan apply to the residential planned development designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.090 Office-- (C -O). A. Site Development Standards. 1. Land Use and Permitted Uses. Existing land uses in this district are a mixture of office complexes, some retail uses and small single and two- 6 0 «2C� family bungalow style residences. There are a number of existing auto retail /service uses along Moorpark Avenue which are existing legal non- conforming uses. These uses may continue as nonconforming uses in accordance with Section 2.3.2 of the downtown specific plan. This district is intended to provide opportunity for conversion of existing residences to small professional and commercial offices, while preserving residential scale, and respecting the existing historic character of the neighborhood. Innovative re- use of existing structures is encouraged. All new office construction and remodels should be done so as not to detract from the existing character of the neighborhood, particularly with regard to historic characteristics. Public institutional uses are intended to be allowable with an administrative permit within the office zone. Additionally, parks are permitted in the office zone, which would enable park development such as the concept discussed in Section 3.3.6 of this plan. Land uses in the C -O zone shall be permitted as designated in Table 17.020.050 and 17.020.060 of the city zoning code. 2. Building Setbacks. The following table indicates the minimum building setbacks in the office (C -O) zone. The front and side setbacks are consistent with the R -P -D zone provisions in the Moorpark zoning code. (Refer to the city zoning code for more detailed descriptions and exceptions). YARD SETBACKS Front From Arterial Streets Minimum 20 feet (Spring Road, Los Angeles Avenue) Average 24 feet Local and Collector Streets (First, Second, Third, Charles, Walnut, Bard, Magnolia Streets, and Moorpark Avenue) Minimum 20 feet Side Interior yard Minimum 5 feet Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 5 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for an office structure shall be thirty -five (35) feet, and no more than three stories high. The maximum height of accessory 7 0e)4)2s F-, structures such as garages shall be fifteen (15) feet with the exception that the maximum height of a patio cover shall be twelve (12) feet. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of the downtown specific plan apply to the office designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.100 Old town commercial (C -OT). A. Site Development Standards. 1. Land Use and Permitted Uses. This area is characterized by commercial buildings which are rooted in the framework of Moorpark's agricultural business and rural heritage. This district is intended to attract a wide range of specialty retail, service and entertainment uses that will encourage public gathering and pedestrian activity. The introduction of outdoor paseos and courtyards as part of the street experience is encouraged. Refer to Table 4 in Section 2.1 for the permitted uses within the old town commercial zone. 2. Building Setbacks. Buildings should be located along the street right -of- way inside property lines. This will create a strong edge for storefronts and public sidewalks. Setbacks from street right -of -ways are permitted only when providing areas for benches, planters or pedestrian plazas. The following are the setback requirements that apply to new and renovated structures in the C -OT zone. These requirements vary from other commercial zone landscaping and setback requirements. YARD /AREA SETBACKS Front None Side Parking Lots None Parking Lots From right -of -way to parking lot Minimum 6 feet Notwithstanding the setbacks noted above, new development shall be consistent with Table 17.24.0208 of the city's zoning code, which requires a thirty (30) foot landscape setback from arterials and a twenty (20) foot landscape setback from two -lane local and rural collector roads. 3. Height. The maximum building height is thirty -five (35) feet; measured from finish grade to the highest point of a flat or mansard roof, or in the case of pitched or hip roof, to the "average and midpoint," which is the average of the highest point on the roof with the top of the finished wall height. Architectural elements such as towers, chimneys, parapet walls, and flagpoles may have a maximum height of forty (40) feet. Corner buildings should be a minimum of two (2) stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of the downtown specific plan apply to the old town commercial designation. 5. Mixed Use Development. A mixed commercial - residential use project is a project in which commercial uses will occupy the entire street level of a building or group of buildings, and residential uses will occupy portions or all of the upper floors of that same building(s). The intent of allowing for mixed - use projects in the old town commercial district is to provide continuous frontage of retail shops and commercial business establishments at the street level, while providing opportunities for downtown residential living. The following requirements shall apply to these mixed -use projects: a. The primary use shall be commercial and the residential use shall be secondary to the commercial use of the property. b. The street level of the commercial structure shall be utilized for commercial uses and not for parking. c. The entire ground floor or street level, with the exception of circulation access, shall be used exclusively for retail and other commercial uses and no dwelling shall be permitted to be located in whole or in part on the ground floor or street level. d. All parking spaces required by the residential use shall be required to be provided on -site. Parking spaces to serve the residential units shall be specifically designated and shall be reserved for the exclusive use of the residents, but not to dominate a street level storefront. e. Where a project consists of more than ten (10) units, the project shall be clustered in two (2) or more buildings to reduce building mass and create architectural interest. f. Wall planes for buildings shall have design articulation consistent with the design standards set for all buildings in the old town commercial district. g. Direct access for parking areas and driveways is discouraged along High Street. Access for parking and driveways shall be taken from adjoining alleys or alternative streets when available. If a parking area or driveway cannot be designed to avoid access from High Street the driveway and parking area shall not occupy more than forty (40) percent of the lot frontage, leaving the majority of the lot width for commercial store front development. h. Driveway access to parking shall be taken as close to a side lot line as is feasible, rather than from the middle of the lot frontage. 9 00()2C i. Additions to existing buildings shall be designed to be integrated with the existing building. The new addition should match the original in terms of scales, architectural details, window and door styles and openings, roofline, materials, color and other aspects of design. j. Where a large addition is developed the entire building should be renovated to achieve a single, coordinated appearance. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.110 Neighborhood commercial (C -1). A. Site Development Standards. 1. Land Use and Permitted Uses. These development standards and design guidelines apply to the neighborhood commercial zone outlined in Figures 5 and 6 within the specific plan. This zone is located on the west and east side of Moorpark Avenue, between First and Third Streets. This zone is adjacent to an office zone, old town commercial, and general commercial zoning. Due to its proximity to this wide variety of land uses, these design standards and subsequent guidelines strive to blend the building character of the neighborhood commercial zone with the surrounding established neighborhoods. This area is characterized by small scale shopping facilities which are intended to provide a range of goods and services that cater to the convenience needs of residents in the immediate neighborhood vicinity. The scale of development and the commercial uses permitted in this district are not intended to be oriented to a community or regional need. Refer to Table 17.20.060 of the city's zoning code which contains the permitted uses within the C -1 zone. 2. Building Setbacks. The following table indicates the minimum setbacks in the neighborhood commercial zone. The front setback is consistent with the commercial zone landscaping provisions in the Moorpark zoning code: the side setback requirements are consistent with the R -1 zone provisions but differ from the commercial zone landscaping provisions in the Moorpark zoning code; while the rear setback is unique to the downtown specific plan. (Refer to the city zoning code for more detailed descriptions and exceptions). BUILDING SETBACK Front Minimum 20 feet Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet 10 Opt)2cr� Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 3 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for a neighborhood commercial structure shall be thirty -five (35) feet and no more than three stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Sections 2.3.1 to 2.3.3 of the downtown specific plan apply to the neighborhood commercial designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.120 Commercial planned development (C -PD). A. Site Development Standards. 1. Land Use and Permitted Uses. Existing uses in these areas are the Metrolink rail station, a gas station and various small developed commercial buildings. This district will continue to accommodate this mix of land uses. Permitted uses in the C -PD zone can be referenced in the city zoning code Table 17.20.060. 2. Building Setbacks. The following table indicates the minimum setbacks in the commercial planned development zone. The front and side setbacks are consistent with the R -1 zone provisions in the Moorpark zoning code, while the rear is unique to the downtown specific plan. (Refer to the city zoning code for more detailed descriptions and exceptions). BUILDING SETBACK Front To be consistent with Table 17.24.020B of Title 17 of Municipal Code Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 2 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for a commercial planned development structure shall be thirty -five (35) feet and no more than three stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in sections 2.3.1 to 2.3.3 apply to the neighborhood commercial designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.130 Institutional (1). A. Site Development Standards. 1. Land Use and Permitted Uses. This area provides for the uses in the existing civic center, as well as other public facilities which include: government buildings, libraries, fire stations, nonprofit status organizations, and community service oriented uses. Permitted uses in the I zone can be referenced in the city zoning code Table 17.20.050 and 17.20.060. 2. Building Setbacks. The following table indicates the minimum setbacks in the institutional zone. The front and side setbacks are consistent with the R -1 zone provisions in the Moorpark zoning code, while the rear is unique to the downtown specific plan. (Refer to the city zoning code for more detailed descriptions and exceptions). BUILDING SETBACK Front Minimum 20 feet from Moorpark Avenue. As determined by permit. Side Corner lot Minimum 5 feet Side 12 00027:1.. Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for an institutional structure shall be thirty - five (35) feet and no more than three (3) stories high. 4. Building Maintenance and Renovation. The public facilities in this district would continue to be maintained by the city and county. Future expansions should be consistent with the design guidelines established within this section. The location of other public uses within the downtown is encouraged and building maintenance will be provided by individual public agencies and owners. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.140 Industrial Park/Light Industrial (M -1). A. Site Development Standards. 1. Land Use. The existing development in this zone, where it is adjacent to the railroad right -of -way is characterized by a number of small industrial uses housed in a long narrow metal warehouse. Due to the narrow lot dimension and its proximity between existing residential single family homes and the railroad tracks, the lot has limited alternative use potential. Ultimately, improved access could be provided through a connection to the westerly Metrolink parking lot. In addition to the core planning area, light industrial uses are planned for in the area east of Spring Road, between Los Angeles Avenue and the railroad tracks. This area is characterized by an existing mixed light industrial complex fronting High Street east of Chuey's restaurant. This district is intended to accommodate small scale, low traffic demand, clean industrial service oriented uses which are compatible with adjoining commercial and residential areas. Permitted uses in the (M -1) zone as listed in the Moorpark zoning code. 2. Building Setbacks. The following table indicates the minimum setbacks in the M -1 zone. The front and side setbacks are consistent with the R -1 zone provisions in the Moorpark zoning ordinance, while the rear is unique to the 13 ()(102,_.,., downtown specific plan. (Refer to the city zoning ordinance for more detailed descriptions and exceptions). BUILDING SETBACK Front Consistent with Table 17.24.020B of Title 17* Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 2 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit * Requires 30 -foot landscaped setback from arterials and a 20 -foot landscaped setback from two -lane local and rural collectors. 3. Height. The maximum height for an industrial park structure shall be thirty- five (35) feet and no more than three (3) stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives as well as the building restoration guidelines outlined in Sections 2.3.1 to 2.3.3 of the downtown specific plan apply to the industrial park designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. 17.72.150 Lot consolidation incentive program. In the high to very high density residential areas of the specific plan, the density maximums have been designed to encourage lot consolidation and redevelopment of underdeveloped or declining property. The maximum permissible density for the high to very high density residential area ranges from seven (7) to fourteen (14) units to the acre. 14 73 A. Where a range for density is indicated (as in RPD 7 -14U) the fourteen (14) unit density maximum is only obtainable when certain performance standards are met. The performance standards are tied to desired land use patterns and character for the high density residential neighborhoods. The density bonus is intended as an incentive to attain that desired neighborhood characteristic. The potential resulting number of units per lot, in relation to lot size, is illustrated on Table 17.72.150A (density threshold comparison by lot size). Table 17.72.150B outlines the performance standards that are required to achieve the desired maximum permitted density. The lot consolidation program is intended to encourage lot consolidation of multiple parcels and does not promote small duplexes or inappropriately scaled two - story residences. Hence, the performance criteria rewards additional density for the successful consolidation of lots equal to twenty -one thousand seven hundred eighty (21,780) square feet at minimum. At such time as renovation occurs, the base zoning of the parcel should be modified to reflect the appropriate earned increase in density (e.g. RPD 7U to RPD 14U). The department of community development will administer this base density tracking. Further, Table 17.72.150B requires certain findings be made by the planning commission in order to permit the density increase. These findings are described as follows: B. Findings for increased density up to fourteen (14) units to the acre: 1. The project is consistent with the spirit and intent of the city's general plan and specific plan goals and policies for the downtown. 2. The project is consistent with the combined development standards of the city's zoning code and the downtown specific plan. 3. The project has incorporated design measures which render the project compatible with existing and planned surrounding land use and development. 4. The project would not be obnoxious or harmful, or impair the utility of the neighboring property or uses. 5. The project would not be detrimental to the public interest, health, safety, convenience or welfare. 6. The density increase beyond seven (7) units to the acre is supported by the project through incorporating one or more of the design characteristics listed below which will result in greater community benefit as circumscribed in the downtown specific plan. a. The project has a minimum lot size of twenty -one thousand seven hundred eighty (21,780) square feet or greater. b. The project will significantly remodel /renovate an existing residential structure that currently does not meet design standards established by the specific plan, and will in turn incorporate physical building and site improvements that are consistent with the design standards for the high to very high residential land use designation within the specific plan. 7. The project has demonstrated the use of innovative site planning and has designed the multiple units to be compatible with each other, the surrounding 15 00021: ,1 single - family residential neighborhood, and maintain an overall cohesive appearance. TABLE 17.72.150A DENSITY THRESHOLD COMPARISON BY LOT SIZE DENSITY PER LOT SIZE CONSOLIDATED BY LOT SIZE ACRE 7,000 SF LESS MAXIMUM 7 DU /ACRE 1 12 DU /ACRE 2 14 DU /ACRE 2 18DU /ACRE' 3 OR 21,780 SF NUMBER OF 28,000 SF OR MORE UNITS PERMITTED 8 92 * Requires provision of inclusionary low /very low or senior housing within project. TABLE 17.72.150B DENSITY BONUS CRITERIA DENSITY MAXIMUM DESIGNATION DENSITY RPD 7 -U 7/ACRE RPD 7 -14U* RPD -14U DENSITY BONUS 7 /ACRE 12 /ACRE 14 /ACRE UP TO 18 /ACRE PERFORMANCE CRITERIA Must meet development specifications of the zoning code and specific plan Same as RPD -7U 21,000 SF net minimum lot size 28,000 SF net minimum lot size Same as RPD -7U Consistent with Chapter 17.64 of the zoning code, a 25% density bonus may be added to the permitted base density when a project qualifies on criteria associated with low /very low income 16 U() 0," ....,_ or senior housing. " Density beyond 7DU /Acre is permitted only when one or more of the performance standards associated with each density cap has been met through project design, and the planning commission makes the findings contained in this section before approving a project. 17 RESOLUTION NO. PC -2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2005 -03 TO AMEND CHAPTER 17.24: LOT AREA AND COVERAGE, SETBACKS, HEIGHT AND RELATED PROVISIONS, CHAPTER 17.32: PARKING, ACCESS AND LANDSCAPING REQUIREMENTS (SECTIONS 17.32.025: DOWNTOWN PARKING REQUIREMENTS AND 17.32.060: GENERAL REQUIREMENTS OF PARKING SPACES (INCLUDING AMENDMENTS TO THE RECREATION VEHICLE PARKING REQUIREMENTS)), AND CHAPTER 17.72: DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D) OF THE MOORPARK MUNICIPAL CODE WHEREAS, on December 8, 2005, the City Council adopted a moratorium on development in non - residential zones of the Downtown Specific Plan Overlay Zone and on decreased parking requirements in the Downtown area which expires on December 8, 2006; and WHEREAS, at its meeting of June 27, 2006, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment No. 2005- 03, proposed amendments to Chapter 17.24: Lot Area and Coverage, Setbacks, Height and Related Provisions, Chapter 17.32: Parking, Access and Landscaping Requirements (Sections 17.32.025: Downtown Parking Requirements and 17.32.060: General Requirements of Parking Spaces (including amendments to the recreation vehicle parking requirements)), and Chapter 17.72: Downtown Specific Plan Overlay Zone (SP -D) of the Moorpark Municipal Code, 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. 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 Zoning Ordinance Amendment No. 2005 -03 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans, provided that Amendment No. 1 to Specific Plan No. 1995 -01 (Downtown Specific Plan) is adopted. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapter 17.24: Lot Area and Coverage, Setbacks, Height and Related Provisions of the Moorpark Municipal Code PC ATTACHMENT 2 ��,, ,2 `77, Resolution No. PC -2006- Page 2 by changing the Title of the Chapter to "Development Requirements" and amending in its entirety Chapter 17.24 as recommended by staff and shown in Exhibit 1, attached. SECTION 3. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapter 17.32: Parking, Access and Landscaping (Sections 17.32.025: Downtown Parking Requirements and 17.32.060: General Requirements of Parking Spaces) of the Moorpark Municipal Code as recommended by staff and shown in Exhibit 2, attached. SECTION 4. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapter 17.72: Downtown Specific Plan Overlay Zone (SP -D) of the Moorpark Municipal Code in its entirety as recommended by staff and shown as Exhibit 3, attached. SECTION 5. 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 27th DAY OF JUNE, 2006. Kip A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit 1: Draft Amendments to Moorpark Municipal Code Chapter 17.24: Lot Area and Coverage, Setbacks, Height and Related Provisions Exhibit 2: Draft Amendments to Moorpark Municipal Code Chapter 17.32: Parking, Access and Landscaping Requirements (Sections 17.32.025: Downtown Parking Requirements and 17.32.060: General Requirements of Parking Spaces) Exhibit 3: Draft Amendments to Moorpark Municipal Code Chapter 17.72: Downtown Specific Plan Overlay Zone (SP -D) 0()>'20— Resolution No. PC -2006- Page 3 EXHIBIT 1 DRAFT AMENDMENTS TO MOORPARK MUNICIPAL CODE CHAPTER 17.24: LOT AREA AND COVERAGE, SETBACKS, HEIGHT AND RELATED PROVISIONS 17.24.010 Purpose. The purpose of this chapter is to set forth specific development requirements for all zones in the city in order to provide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environment in which to live, work and recreate. 17.24.020 Open space, agriculture and residential zone development requirements. Table 1 below indicates the minimum development requirements for buildings and accessory structures in the open space, agricultural and residential zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Maximum density and minimum lot dimensions (A — D) only apply to the creation of new lots by subdivision or the amendment of existing lots by lot line adjustment and do not otherwise restrict the use of the lot. Lot areas and dimensions (B — D) do not apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in any setback Chapter 17.24 DEVELOPMENT REQUIREMENTS Sections: 17.24.010 Purpose. 17.24.020 Open space, agriculture and residential zone development requirements. 17.24.025 Open Space, Agriculture and Residential Property development standards — Additional requirements. 17.24.030 Open Space, Agricultural and Residential Zones walls and fences. 17.24.035 Commercial, industrial and special purpose zone development requirements. 17.24.040 Commercial, Industrial and Special Purpose Zones Property development standards — Additional requirements. 17.24.045 Accessory structures in commercial, industrial, and special purpose zones. 17.24.050 Walls and fences in commercial, industrial and special purpose zones. 17.24.010 Purpose. The purpose of this chapter is to set forth specific development requirements for all zones in the city in order to provide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environment in which to live, work and recreate. 17.24.020 Open space, agriculture and residential zone development requirements. Table 1 below indicates the minimum development requirements for buildings and accessory structures in the open space, agricultural and residential zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Maximum density and minimum lot dimensions (A — D) only apply to the creation of new lots by subdivision or the amendment of existing lots by lot line adjustment and do not otherwise restrict the use of the lot. Lot areas and dimensions (B — D) do not apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in any setback Resolution No. PC -2006- Page 4 area except when on a driveway or as allowed by Chapter 17.32 Parking. Additional development requirements are given in the sections following Table 1. Development in any of the zones shall follow the requirements of this Title including but not limited to parking, lighting, landscaping, signing, operation and entitlement. All construction must be performed within the hours allowed by Chapter 15.26 and Chapter 17.53. Table 1 DEVELOPMENT REQUIREMENTS FOR O -S, A -E AND R -ZONES SP, General O-S A -E R -A R-O WE R -1 R -2 RPD, Requirements TPD A. Density — Maximum 1 du /10 1 du140 By dwelling units per gross acres acres 1.0 2.0 4.0 7.0 15.0 permit acre B. Net lot area (in B y square feet unless 10 acres 40 acres 1 acre 20,000 10,000 6,225 6500 permit noted)' C. 1. Lot width (in feet) 110 110 100 80 80 60 60 By permit C. 2. Cul -de -sac or B y odd - shaped lot width (in 30 30 30 30 30 30 30 permit feet) C. 3. Flag lot "pole" 20 20 20 20 20 20 20 By width (in feet) I permit D. Lot depth (in feet) 150 150 100 100 100 100 100 By permit E. Front setback, 20 20 20 20 20 20 20 By 2yard (in feet) permit F. Side yard setback, 10 10 5 5 5 5 5 By interior side (in feet) permit G. Side yard setback, 10 10 10 10 10 10 10 By street side (in feet) permit H. Rear and setback 15 15 15 15 15 15 15 By (in feet) permit I. Lot coverage, B y maximum (in 20 10 35 35 35 50 50 permit percentage) J. Building and 35, with no limitation as to the number of stories so long as the height By structure height, is not exceeded permit maximum (in feet) K. Parking shall meet the requirements of Chapter 17.32 L. Signage shall meet the requirements of Chapter 17.40 M. Lighting shall meet the requirements of Chapter 17.30 Resolution No. PC -2006- Page 5 Notes: 1. Zone suffix may establish different minimum lot area. 2. See Section 17.24.025D.6 for exception. 3. Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot side -yard setback (second story only) and a twenty (20) foot rear yard setback (second story only) from the adjacent property line. 17.24.025 Open Space, Agriculture and Residential Property development standards — Additional requirements. In addition to the standards of Chapter 17.36 the following standards shall apply. A. Required Setbacks. 1. Street Setbacks. Street setbacks shall be measured from the ultimate street right - of -way or the maximum required street width if said street is proposed to be private or is now a private street. 2. Curved Street Setbacks. Each lot or parcel on a cul -de -sac, curved street or dead -end street shall meet the minimum lot width requirement at the required front setback of the zone. The setback is measured along the perpendicular taken from the front radiused property line (see example below) PROPERTY UNE Imo. I MINIMUM FRONT YARD BETIMCK j 3. Flag Lots. Flag lots shall meet the minimum setback and lot dimension requirements in the "flag" portion of the lot. The flag "pole" portion of a flag lot shall not be counted toward the minimum lot area requirement. Resolution No. PC -2006- Page 6 LOTOEM �l I 4. Existing Setbacks. Where a portion of a residential building is nonconforming in terms of current rear yard and /or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion of the building shall be used as the required setback distance for any additions to that building in the side yard and rear yard areas. 5. Irregularly Shaped Lots. In situations where a single - family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single - family home, within the required setbacks noted in this title, the Community Development Director shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area. 6. Side Entry Carports and Garages. In the R -1 and R -2 zones, front setbacks for side entry carports or garages shall be a minimum of fifteen (15) feet of the front property line. 7. Accessory Structures. Accessory buildings and /or structures shall meet all of the requirements for location of the main structure as constructed or required by the zone, whichever is less restrictive; except as provided in this subsection: a. A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas. b. A detached accessory structure may be located within an interior side yard or rear yard provided that such structure is located no closer than three (3) feet to an interior side or rear lot line and is at least 6 feet from the main structure unless additional fire resistive construction is provided in accordance with Chapter 15.04, Building Code. One -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet may be located anywhere on a single - family residential lot, except Resolution No. PC -2006- Page 7 within the front and street side yard areas, provided the eaves do not over -hang adjacent property. c. Swimming pools and spas, including diving boards and slides and similar devices, shall be located a minimum of three (3) feet from the main structure, within five (5) feet of the rear and side property lines and shall comply with all fencing requirements of Chapter 15.04, Building Code and Section 17.24.030. d. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard: i. Shall not exceed 15 feet in height or project closer than five (5) feet to an interior side yard or closer than 10 feet at the rear lot line; ii. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting a main building and an accessory building shall be open on two sides. e. Architectural features, including but not limited to covered porches, steps, eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may project not more than two and one -half (2 '/2) feet into any required front yard area, not more than four (4) feet into any required rear yard area, and not more than two (2) feet into any required side yard setback area. f. Outdoor fireplaces must be at least ten (10) feet from the main structure and three (3) feet from interior side and rear property lines. g. Heating and cooling and other mechanical equipment, including pool equipment and necessary appurtenances shall be a minimum of three (3) feet from any side or rear lot line, not be visible from the street, and be enclosed by a minimum four (4) foot high masonry wall except on the side where access is provided or abuts a structure. h. Uncovered porches, platforms, or landings that do not extend above the floor level of the first floor of the main structure may extend into required setback areas not more than six (6) feet. i. Safety guard railings required for stairs, landings, porches, and depressed ramps may encroach into front, side or rear setback areas, provided they are open and do not exceed forty-two (42) inches in height. j. Decks on the second floor of a home shall be at least ten (10) feet from the rear and side property lines. The color and the materials of the second story deck shall complement those of the main structure. k. A flagpole not exceeding twenty -five (25) feet in height may be located in the front or rear yard setback area so long as it is at least ten (10) feet from the front or rear property line and does not encroach into the required side yard or street side yard setback area. Flag size restrictions shall comply with the requirements of Section 17.40.020 under the definition of "signs" item "i ". B. Lot Coverage. Lot coverage shall include all buildings, carports, structures and accessory buildings, except that patios, patio covers that are open on no less than three sides, pools, spas, and freestanding open air gazebos shall not be counted as lot coverage. C. Miscellaneous. Resolution No. PC -2006- Page 8 1. Utility Connections. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad - mounted transformers and /or meter box locations shall be included in the site plan with screening treatment approved by the Director. 2. Floodplain. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal Code. 3. Architectural Appurtenances. Steeples, institutional symbols, bell towers, clock towers or other similar architectural appurtenances on institutional buildings in the agricultural, open space, and residential zones may exceed the maximum height of 35 feet. Proposals for such appurtenances, however, shall be evaluated on a case -by- case basis in conjunction with the required permit for the proposed use so that architectural compatibility and appropriate building scale for the neighborhood is achieved and maintained. 4. Garage Conversions. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by Chapter 17.32 Parking, Access and Landscaping Requirements or such that was provided at the time the dwelling was constructed, whichever is less. 5. Antennas, Ground - Mounted. Ground - mounted citizens' band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum height of forty (40) feet. Ground - mounted antennas may be erected above the height limit of forty (40) feet, under the permit prescribed by this Title, provided that no antenna or mast shall exceed seventy -five (75) feet in height, and the design of such antennas shall be in accordance with Section 17.28.020(A). 6. Street Improvements. No development shall occur on any property unless all street frontages that the property abuts or is adjacent to are fully improved according to adopted City standards and consistent with the Moorpark General Plan. 17.24.030 Open Space, Agricultural and Residential Zones walls and fences. Requirements for walls and fences in open space, agricultural and residential zones shall be as follows: A. A wall, fence, retaining wall or any combination thereof, shall not exceed six (6) feet in height except as herein provided. When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or wall and retaining wall shall not exceed six (6) feet in height, unless a five (5) foot landscape area is provided between the retaining wall and the fence or wall. When the five (5) foot landscape area is provided, each individual fence or wall or retaining wall shall not exceed six (6) feet in height (see below). Resolution No. PC -2006- Page 9 B F.` p, 6 3��: iwrr}tl��E c _ x {#s r _ cs rp B. Where there is a grade difference between two (2) properties that share a common property line fence /wall, the fence /wall height shall be measured from the highest finish grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten (10) feet. Where the height of ten (10) feet would be exceeded the requirements of section 17.24.030A shall be met. C. Within the R -1 and R -2 areas of the Downtown Specific Plan and in the area north of Los Angeles Avenue between Moorpark Avenue and Spring Road south of High Street, fences and walls may be allowed in the required front yard setback area up to six (6) feet in height, however the last two (2) feet of the fence or wall shall be constructed of visually open and decorative fencing (at least 75% open, see below), unless the wall is a retaining wall or additional height is approved for noise attenuation purposes. I�� ✓FNMM'yCIN- I � 1 STREET D. A solid wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines, provided, that such wall or fence does not extend into a required front yard except for noise attenuation as required by the City and as provided in this Chapter. r: r Resolution No. PC -2006- Page 10 E. Fences and walls may be allowed in required front yard area up to six (6) feet in height, however the last two (3) feet of the fence or wall shall be constructed of visually open and decorative fencing (at least 75% open, see below), unless the wall is a retaining wall or additional height is approved for noise attenuation purposes. W"A"KIN-MMAVAIR or"Mr""fireta ■■r rug F. A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed three (3) feet in height within 15 feet of the intersection of the driveway and the street right -of -way and /or shall comply with CalTrans design standards for site visibility as adopted by the City. Final determination shall be by the Community Development Director. Corner cut -offs may be required for safety and visibility (see example below). JGKT MANGLE TREET G. Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substantial, and decorative matierials. Fiberglass sheeting, bamboo sheeting and other similar non - durable materials are not permitted for fencing in street yard frontages. Plain concrete materials are also not permitted for walls in street yard frontages or visible form the street. H. A wall or fence up to ten (10) feet in height may be allowed by the Community Development Director where necessary for noise attenuation from arterial streets or other noise sources. Chainlink or similar material fencing up to twelve (12) feet high, with windscreening shall be permitted for tennis /recreation courts so long as such 0 E ,: a24 r, Resolution No. PC -2006- Page 11 fencing is located outside the required front, side and rear setbacks of the zone in which it is located. I. Use of barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is prohibited in the Open Space, Agricultural, and Residential zones. J. With the approval of an Administrative Permit, walls or fences located along the rear or street side property lines which are adjacent to an arterial or collector road may be allowed to increase the visual wall /fence height up to an additional two (2) feet through the construction of a durable metal open trellis so that vines may be planted throughout the trellis. The trellis construction must meet city standards for construction. K. All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. 17.24.035 Commercial, industrial and special purpose zone development requirements. Table 1 below indicates the minimum development requirements for buildings and accessory structures in the commercial, industrial and special purpose zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Minimum lot area (B) only applies to the creation of new lots by subdivision or the amendment of existing lots by lot line adjustment and does not otherwise restrict the use of the lot. Minimum lot area (B) also does not apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in any setback area except when on a driveway or as allowed by Chapter 17.32 Parking. Additional development requirements are given in the sections following the Table 1. Development in any of the zones shall follow the requirements of this Title including, but not limited to parking, lighting, landscaping, signing, operation and entitlement. All construction must be performed within the hours allowed by Chapter 15.26 and Chapter 17.53. Table 1 DEVELOPMENT REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONES General Requirements C-O C -1 C-OT C2, CPD M -1 M -2 P-C I A. Floor Area Ratio, maximum (the ratio of gross floor 0.50 0.25 0.38 0.252 0.38 0.38 permit permit area to the gross project site) B. Lot area (in None None None None 10,000 10,000. 100 By 00'12t;" Resolution No. PC -2006- Page 12 square feet) acres permit. 20 except 20 except 20 except 20, except 20, except when next when next when next when next to when next to C. Front yard to a 4 or 6 to a 4 or 6 0 to a 4 or 6 or across the or across the By By setback (in feet) lane road, lane road, lane road, street from R street from R permit permit then 30 then 30 then 30 zone, then zone, then 30 30 D. Interior side 5 except 5 except yard setback (in 5 5 0 5 when next to when next to By By feet) R zone, then R zone, then permit permit by permit by permit 5 except 5 except 5 except 5 except 5 except E. Street side yard when next when next when next when next to when next to By By setback ( in feet ) to a 4 or 6 to a 4 or 6 5 to a 4 or 6 R zone, then R zone, then permit permit lane road, lane road, lane road, by permit by permit then 10 then 10 then 10 10 unless 10 unless 10 unless 10 unless 10 unless 10 unless F. Rear yard next to C next to C next to C next to C next to C or next to C or By By setback (in feet) or M zone, or M zone, or M zone, or M zone, M zone, then M zone, then permit permit then 0 then 0 then 0 then 0 0 0 G. Building and structure height, ht, 25 35 35 B y permit 30 30 By By maximum' (in feet) permit e permit H. Parking shall meet the requirements of Chapter 17.32 I. Signage shall meet the requirements of Chapter 17.40 J. Lighting shall meet the requirements of Chapter 17.30 Notes 1. Measurement of setbacks shall be from the ultimate right -of -way of streets as shown on the adopted Circulation Element Map of the Moorpark General Plan or in the case of a roadway not shown on the Circulation Element Map, the measurement shall be from the edge of the right -of -way required by the City. Public or private alleys shall not be counted as part of the required setback. 2. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distributiontwarehouse facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. 3. Height may be increased (to maximum 60') with approval of a conditional use permit. 17.24.040 Commercial, Industrial and Special Purpose Zones Property development standards — Additional requirements. In addition to the standards of Chapter 17.36 the following standards shall apply. A. Vehicular Access. Each building site shall have a minimum twenty -five (25) foot wide vehicular access to a public street. B. Setbacks Adjacent to R Zone. Wherever a lot in the commercial or industrial zone abuts a lot in any residential zone, the minimum setback may be increased by the approving authority in situations where, in the opinion of the approving authority, additional distance would help to mitigate or alleviate potential problems or hazards. 0c' .,2' Resolution No. PC -2006- Page 13 C. Floodplain. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and local ordinance. D. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures, may exceed the maximum height of thirty -five (35) feet, provided the additional height does not create additional floor area. Proposals for such appurtenances, however, shall be evaluated through the entitlement review application process on a case -by -case basis so that architectural compatibility and appropriate building scale are achieved and maintained. E. Landscaping. All planting and irrigation shall be in accordance with the City's Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. F. Masonry Walls and Landscape Screens. Where a commercial or industrial development abuts property in any residential zone, a masonry wall or equivalent noise attenuation structure, a minimum of eight feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. In addition, 15- gallon or larger trees, no less than 20 feet on- center, and shrubbery shall be installed and maintained along the project side of the wall in a minimum five- foot -wide, raised landscaped planter to provide a dense landscape screen. G. Mechanical Equipment — Screening. All mechanical equipment shall be architecturally screened from view. When ground- mounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the Community Development Director and Building Official. H. Roof Appurtenances — Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be -- located below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on -site parking areas, adjacent public streets and adjacent residentially zoned property. I. Reciprocal Ingress, Egress, Parking and Drainage. Reciprocal ingress, egress, circulation, parking and drainage arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties as well as drainage. J. Testing. Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the Community Development Director shall require the property owner or operator to engage the services of a City approved testing firm. Copies of all such tests shall be furnished to the Community Development Director. K. In all commercial and industrial zones the conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the Fire Code, sign ordinance, and screening standards of Section 17.24.040 be waived. c) 4 44)2S',_ Resolution No. PC -2006- Page 14 L. No outdoor paging systems or telephone bells or similar devices shall be used on commercial or industrial properties which abut residentially zoned properties. M. Street Improvements. No development shall occur on any property unless all street frontages that the property abuts or is adjacent to is fully improved according to adopted City standards and consistent with the Moorpark General Plan. 17.24.045 Accessory structures in commercial, industrial, and special purpose zones. Accessory structures in commercial, industrial and special purpose zones shall be as follows: A. Accessory structures shall not be located in front of or on the street side of the main building(s). B. Accessory structures shall meet all of the setback requirements for main buildings. C. Porches, steps, architectural features such as canopies or eaves, and chimneys, balconies or stairways may project not more than four feet into any required yard area. D. Outdoor swimming pools and spas shall be located a minimum of three feet from the main structure. Exterior or interior walls and shall comply with all fencing requirements of Chapter 15.08, Building Code and the requirements of Section 17.24.050. 17.24.050 Walls and fences in commercial, industrial and special purpose zones. Wall and fence requirements in commercial, industrial and special purpose zones shall be as follows: A. In any required front or street side yard area, a wall or fence shall not exceed three (3) feet in height. In the required front or exterior side yard, where a retaining wall is used to increase usable lot area, a fence or wall not exceeding three (3) feet in height may also be erected; provided, that the fence or wall is set back a minimum of five feet from the retaining wall. B. In any required rear or interior side yard area, a wall or fence shall not exceed eight (8) feet in height except in those instances where there is a grade difference or a noise attenuation requirement. When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or wall and retaining wall shall not exceed ten (10) feet in height, unless a five -foot landscape area is provided between the retaining wall and the fence or wall. C. A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed three (3) feet in height within 15 feet of the intersection of the driveway and the street right -of -way and /or shall comply with Caltrans's design standards for site visibility. Final height determination shall be by the Community Development Director. Corner cut -offs may be required for safety and visibility (see example below). Resolution No. PC -2006- Page 15 SIGHT TRIANGLE STREET D. Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substantial, and decorative matierials. Fiberglass sheeting, bamboo sheeting or other similar non - durable materials are not permitted for fencing in street yard frontages. Plain concrete materials are also not permitted for walls in street yard frontagesor visible from the street. E. Where there is a grade difference between two (2) properties the fence /wall height shall be measured from the highest finish grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten (10) feet. Where the height of ten (10) feet would be exceeded the requirements of section 17.24.050A shall be met. F. All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. G. Barbed Wire Strands, Razor Wire or Concertina Wire (coiled barbed wire). Use of barbed wire strands, razor wire or concertina wire shall meet the following requirements: 1. Such fencing shall only be permitted on industrially zoned property that is not adjacent to or across the street from R zoned property, or a school, and where a finding can be made that use of such fencing material is required to protect the public health, safety and welfare. 2. If approved, such fencing material shall be placed at the top of a wall or fence, shall have a minimum vertical clearance of six feet above grade, and shall be maintained in a safe condition. 3i. In no case shall such fencing be permitted along Los Angeles Avenue. 4. Barbed wire or any other type of wire fencing shall not be kept in an unsafe, abandoned or materially dangerous condition. Unmaintained wire fencing, including but not limited to, barbed wire, razor wire and concertina wire (coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 17.56. 5. Razor wire or concertina wire shall not be placed on the rooftop of any building. Resolution No. PC -2006- Page 16 EXHIBIT 2 DRAFT AMENDMENTS TO MOORPARK MUNICIPAL CODE CHAPTER 17.32: PARKING, ACCESS AND LANDSCAPING REQUIREMENTS 17.32.025 High street area parking requirements. Commercial development on High Street is unique within the city and its parking must be addressed in a manner different than parking for other commercial development. The Downtown Specific Plan establishes standards for development which are unique to the downtown and High Street in particular. Parking in the High Street area (from Moorpark Avenue on the east to Spring Road on the west and Walnut Street from High Street to Charles Street) shall meet three - quarters of the required parking pursuant to Section 17.32.010 of this chapter. In -lieu of meeting the required parking the applicant may pay a fee to reduce the required on -site parking to one -half of the required parking pursuant to Section 17.32.010... The fee shall be established by city council resolution and shall be used to offset a portion of the cost required to construct public parking facilities in the downtown area. 17.32.060 General requirements of parking spaces. (Amendments to Subsections D and E only) D. Parking in residential setbacks. Parking within setback areas in open space, agricultural and residential zones shall meet the requirements of Section 17.32. 010 and the following: 1. Operable Motor Vehicles. Motor vehicles parked within any required front, rear or side setback must be fully operative, licensed and registered vehicles. Such vehicles may only be parked within the driveway access to the required parking or on a paved area (asphalt, concrete, or other hardscape materials) adjacent to the driveway, as an accessory use to a dwelling. Any additional paved area for parking purposes may not exceed fifty percent (50 %) of the area covered by the existing driveway and not exceed thirty (30) feet in total width. The vehicle parking or driveway area must be connected to a city approved access and driveway. 2. Recreation Vehicle Parking. a. If a recreation vehicle is used for everyday transportation of the resident it shall meet the requirements of Section 17.32.060D.1. b. Parking of a trailer, boat or other similar recreational vehicle is only allowed when parked on a paved surface in the side yard or rear yard, but not in a street side yard or street rear yard. c. Parking of such vehicles shall be adjacent to the dwelling or garage and shall not extend or protrude beyond the front line of the garage or dwelling whichever is adjacent to the parking area. d. If the vehicle is parked in the rear yard it shall be at least ten (10) feet from the rear property line and at least three (3) feet from the side property lines. 0(4)2` ? Resolution No. PC -2006- Page 17 e. In all cases the vehicle(s) shall be screened from view from the street by a six (6) foot high opaque decorative gate. e. Additional limitations for on- street parking are required by Section 10.04.220. f. The Community Development Director may, through the approval of an Administrative Permit, allow parking of a recreation vehicle in the rear yard when the applicant can provide proof, to the satisfaction of the Director, that the recreation vehicle parking met the legal requirements in effect at that time the vehicle was first parked and that the vehicle is currently being parked in compliance with those requirements. 3. Commercial Vehicles in Residential Areas. Parking of commercial vehicles in residential areas shall meet the requirements of Section 10.04.300. 4. Accessory Parking and Storage of Large Vehicles. Residential, agricultural or open space zoned lots shall not be used for the accessory parking or storage of vehicles which are designed to carry more than a three - quarter ton load and which are used for shipping or the delivery of freight and products. E. Residential Access. Access to parking spaces for dwellings shall be at least ten (10) feet wide throughout and paved with a minimum of two and one -half (2'/2) inches of asphalt or concrete, except that a center strip over which the wheels of a vehicle will not normally pass need not be paved, provided that the access complies with the requirements of the Ventura County fire protection district. Driveways serving more than two (2) dwelling units shall be at least eighteen (18) feet wide. OVOZI Resolution No. PC -2006- Page 18 EXHIBIT 3 DRAFT AMENDMENTS TO MOORPARK MUNICIPAL CODE CHAPTER 17.72: DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D) Chapter 17.72 DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D) Sections: 17.72.010 Purpose. 17.72.020 General provisions. 17.72.030 Entitlement process and procedures. 17.72.040 Development standards and guidelines. 17.72.010 Purpose. The purpose of this overlay zone is identify properties which are part of the Downtown Specific Plan and set forth development standards and guidelines for public and private development and redevelopment of existing and new residential, commercial and industrial development in downtown Moorpark. 17.72.020 General provisions. All provisions of the Downtown Specific Plan shall apply to the development and use of the properties within the Downtown Specific Plan Overlay Zone. Those provisions shall be supplemental to the regulations of the underlying zone. In such cases where the specific plan development standards and the standards for the underlying zone conflict, the specific plan development standards shall apply. 17.72.030 Entitlement process and procedures. Requirements for development within the Downtown Specific Plan Overlay Zone shall comply with the requirements of Chapter 17.44, Entitlement — Process and Procedures and with the Development Standards and Guidelines of the Downtown Specific Plan as adopted by City Council Resolution. 17.72.040 Development standards and guidelines. The development standards and guidelines for the construction, reconstruction, renovation and remodeling of existing and /or proposed buildings in the Downtown Specific Plan Overlay Zone shall adhere to the requirements and guidelines contained in the Downtown Specific Plan as adopted by the City Council 004)21