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HomeMy WebLinkAboutAG RPTS 2001 0827 PC REGPLANNING COMMISSION MEETING AGENDA August 27, 2001 7:00 p.m. Next Resolution No. PC- 2001 -411 1) CALL TO ORDER: 2) PLEDGE OF ALLEGIANCE: 3) ROLL CALL: Janice Parvin, Chairperson William F. Otto, Vice Chairperson Mark DiCecco Paul Haller Kipp Landis 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 Presentation /Action /Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /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 Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /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 Presentation /Acticn /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 Presentation /Action /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 -6228. 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). 010827 pca.doc 8128103 2:35 PM OPacket to CM OPacket to CC PLANNING COMMISSION MEETING AGENDA August 27, 2001 Page 2 4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5) REORDERING OF, AND ADDITIONS TO THE AGENDA: 6) CONSENT CALENDAR: A) Planning Commission Minutes of July 23, 2001 7) PUBLIC COMMENTS: 8) PUBLIC HEARINGS: A) Commercial Planned Development Permit No. CPD 2000.02 for a Jack -in- the -Box Restaurant with drive - through service and two -story retail /office building (Applicant: Jack -in- the -Box and Acres Realty). Planning Commission action is a recommendation to the City Council who will take final action. Staff Recommendation: 1) Accept public testimony; close the public hearing. 2) Consider the Mitigated Negative Declaration prior to making a recommendation. 3) Direct the preparation of a Resolution recommending to the City Council denial of Commercial Planned Development No. 2000 -02, based upon inadequate access and circulation and other findings as may be appropriate. (Continued from July 9, 2001, public hearing open). B) Consider a General Plan Amendment to Adopt Revised Housing Element 2000 -2005; General Plan Amendment 2000 -02 (Applicant: City of Moorpark). Staff Recommendation: 1) Open the public hearing; receive report from staff and consultant; receive public comment and testimony; close public hearing. 2) Consider Negative Declaration. 3) Adopt Resolution No. PC -2001- recommending adoption of a Revised Housing Element to the Moorpark General Plan. (Continued from June 25, 2001, public hearing open - new legal notice posted.) C) Parcel Map No. 5316 (Applicant: USA Properties Fund, Inc.). Consider a request to subdivide an existing 325,178 square foot parcel of land into two parcels of 87,085 square feet and 238,093 square feet, located south of Los Angeles Avenue, north of the Arrovo Simi and east of Park Lane PLANNING COMMISSION MEETING AGENDA August 27, 2001 Page 3 (Assessor's Parcel Number: Recommendation: 1) Open the public testimony and close Determine that the proposed as a Class 15 Exemption. 3 ) 2001- , approving Tentativ 9) DISCUSSION ITEMS: 506 -0- 050 -470). Staff public hearing, receive the public hearing. 2) use is exempt from CEQA Adopt Resolution No. PC e Parcel Map No. 5316. A) Consider a Continued Workshop to Discuss the OSCAR Element Graphics and Minor Textual Changes. Staff Recommendation: 1) Conduct continued workshop and review revised OSCAR language and suggested graphics and provide final comments and direction for corrections or inclusions thereto; 2) Direct staff to set a public hearing for the September 10, 2001 Planning Commission meeting. (Continued from June 25, 2001.) B) Consider Review of the Proposed Acquisition by the Moorpark Unified School District of a Twenty -two (22) acre School Site in the future Moorpark Highlands Specific Plan (Specific Plan No. 2). Staff Recommendation: Following discussion of this request, approve the Planning Commission Chair to sign the letter to the Moorpark Unified School district concerning review and investigation of the Moorpark Highlands School Site. C) Consider change in the Planning Commission Meeting Time. Staff Recommendation: Direct staff as deemed appropriate. 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11) ADJOURNMENT: S f CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: The Honorable Chairman and Members of the Planning Commission FROM: Wayne Loftus, Director of Community Development: DATE: August 24, 2001, (PC meeting August 27, 2001) SUBJECT: Consider Continued Public Hearing on Proposal to Develop a Jack -in- the -Box Drive - through Restaurant and Two -story Office Building (Commercial Planned Development No. 2000 -02) on the South Side of Los Angeles Avenue, West of Leta Yancy Road (APN 506 -0 -05- 050) - Jack -in- the -Box Restaurants and Acres Realty; Applicants BACKGROUND This item, which was continued to this meeting from the Planning Commission meeting of July 9, 2001, was previously also heard by the Commission on June 11, 2001. The continuance to this date was directed by the Planning Commission to allow staff the time needed to further evaluate access to the proposed site with particular focus on the opportunity to achieve access across the adjacent parcel to the east of the subject site. At the Planning Commission meeting of July 9, 2001, the Commission illustrated concern relating to the lack of an access opportunity for traffic approaching this commercial site from all directions and discomfort with a second curb cut onto Los Angeles Avenue or joint access at Los Angeles Avenue with the adjoining gas station. The Commission requested that staff further evaluate an agreement for access (Attachment 1) that has been recorded between the owners of the sites involved which includes the adjacent gas station and at the time (August 1998) the subject property and an additional five (5) acres, south of S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf Rpt 82701 PC.d1.82301.doc Planning Commission Agenda Report Jack -in- the -Box Drive - through Restaurant August 27, 2001 Page 2 the Mobil station and this potential Jack -in- the -Box site. This driveway location agreement has been further analyzed by the City Attorney as to its affect on both Parcel B (gas station /mini -mart) and the subject property proposed for a Jack - in -the -Box (Parcel A). Additionally, staff has clarified concerns about a joint use driveway between the two (2) parcels at the Los Angeles Avenue frontage. (Reference to Attachment 2.) DISCUSSION Staff has been able to talk to the City Attorney concerning the recorded agreement for curb cut and driveway relocation on the adjacent developed commercial site, where a gas station /mini- mart, car wash and lube facility are located. In response to staff questions, the following conclusions' are provided concerning details of the agreement related to curb cut and driveway locations signed by Gharebaghi and Sheshebor (Attachment 1) : • The southerly curb cut /driveway was intended to straddle the property line between the gas station site and the adjacent property to the south, which was at the time, part of the property proposed for Jack -in- the -Box. At the time the property was panhandle in shape. The southerly property and the Jack -in- the -Box site were separated from each other through a Lot Line Adjustment which included other property proposed for development by Pacific Communities. The segmentation of the parcels removed the basic premise that the driveway would straddle Parcels A and B. As a result, the agreement concerning the south curb cut access driveway no longer has standing. • The westerly curb cut /driveway relocation at Los Angeles Avenue that is referenced to serve (straddle) both Parcel B (gas station) and Parcel A (Remaining portion is proposed for Jack -in- the -Box) has been addressed by staff and the Commission in the public hearings, noting the potential for conflicting traffic movements and consideration for controlling directional traffic flow. The attached letter to Jack -in- the -Box (Attachment B) clearly states concerns of staff relative to the joint curb cut on Los Angeles Avenue and as a result staff is unable to support the request by Jack -in- the -Box for this second point of access. S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf Rpt 82701 PC.d1.82301.doc Planning Commission Agenda Report Jack -in- the -Box Drive - through Restaurant August 27, 2001 Page 3 • Based upon the language in the referenced agreement, the City Engineer and the Director of Community Development, under provisions of the agreement, have, the discretion concerning relocation of the driveways /curb cuts which would prevail even if the developer of Parcel A requested a relocation or owner of Parcel B was reluctant. However, because the City is not a signatory to the agreement, there is no obligation for the City to pursue the curb cut relocation if requested to do so by a future developer. Based upon the above factors which may result in only one (1) access point to serve a significant vehicle - oriented use and the potential for increased congestion at a major circulation corridor (Los Angeles Avenue) that will likely result from unauthorized and confusing traffic movement for westbound vehicles, this project should not be recommended for approval. There does not appear to be any design alternatives, except the possible placement of the driveway at or near the center of the Los Angeles Avenue frontage which may improve on -site access and circulation. This option has previously been evaluated, however there was not adequate stacking area near Los Angeles Avenue to insure avoidance of vehicles blocking the travelway. This approach however does not address the question of access for westbound traffic that would be precluded from taking access to the site through left turns across the Los Angeles Avenue median. Should the Planning Commission conclude that this project be continued for additional review, specific direction to staff would be appropriate. Recommendations for denial will require a modified resolution from that previously prepared and direction concerning findings should be considered. However, if the Planning Commission concludes that a recommendation of approval is in order, the attached resolution with some modifications, together with the Conditions of Approval (minor changes may be needed) would be viewed as suitable. STAFF RECOMMENDATIONS 1. Accept public testimony; close the public hearing. 2. Consider the Mitigated Negative Declaration prior to making a recommendation. S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf Rpt 82701 PC.d1.82301.doc Planning Commission Agenda Report Jack -in- the -Box Drive - through Restaurant August 27, 2001 Page 4 3. Direct the preparation of a Resolution recommending to the City Council denial of Commercial Planned Development No. 2000 -02, based upon inadequate access and circulation and other findings as may be appropriate. Attachments: 1. Curb cut /driveway agreement. 2. Letter - Michael Palmer, dated 8/16/01. 3. Staff Report /Resolution packet prepared for Planning Commission meeting of July 9, 2001. 4. Mitigated Negative Declaration. S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf Rpt 82701 PC.dl.82301.doc RECORDING REQUESTED BY: �. , r . 00 CITY OF MOORPA RK r d Y':< WHEN RECORDED MAIL, TO: City Clerk , City of Moorpark t= : 1 C �F a , , 799 Moorpark Avenue r r Moorpark, CA 93021 ;� �n 1.; - Au ., - 'a S-/ R - AGREEMENT WIDE,REAS, Ahmad Gharebaghi and Mohammad Sheshebor, (hereinafter referred to as GHAREBAGI-Ii), are currently the owners of and are developing the property located ar the southwest comer of Los Angeles Avenue and Liberty Bell Road within the City of Moorpark, described and shown as Parcel B on the attached Exhibit A and Exhibit B and incorporated herein. And Whereas GHAREBAGHI is developing the property in accordance with City of Moorpark Resolution 97 -1409, CPD 97 -1 and CUP 97 -2. A- 'D �V��I'.EAS. lskan Liberty Partnership, ( hereinafter referred to as ISKAN), is currently the owner of the property located to the west and south of the GHAREBAG[H property, described and shown as Parcel A or, the attached Exhibit A and Exhibit B. NOW THEREFORE, GI-hAREBAGHI and ISKA_N hereby agree to the following: Upon development of Parcel A and as directed by the City Engineer and Director of Community Development, the western and southern driveways of Parcel B shall h& allowed to be relocated. This does not preclude consideration of another access for Parcel A on Los Angeles Avenue or Liberty Bell Road. Relocation of these driveways shall be completed such that half of the driveway is on each property. Construction of any new driveways or relocation of existing driveways includes, but is not limited to, the removal and replacement of parking spaces, landscaping, drainage devices and mechanical facilities and shall be completed at no expense to die owner of Parcel B. Any relocation of mechanical and /or water and air facilities shall be relocated so as to less visible from the street and residential areas, and not create future relocation problems as a result of any joint access with the property to the south. Any 1~ature internal driveway to be extended to the southerly property line of Parcel B shall include the relocation of the five spaces along the southerly property line closest to Liberty Bell Road. These spaces shall be reoriented and relocated to the easterly property lime at no expense to the owner of Parcel B. t'Ul relocations are to be approved by the Director Of Corrinunity Development and the City Engineer. It is also agreed that upon construction of new driveways to serve both Parcel A and Parcel B, reciprocal access easements approved by the City Engineer will be executed by the owner(s) or authorized representatives) of Parcels A and B. This Agreement shall nin with the land and -the burdens of the Agreement are binding upon, and the benefits of the Agreement inure to the benefit of, the parties and their successors in interest. ga y yl�^, IN WITNESS W�REOF, this agreement has been dul executed this • �' r"da of � • � - "yir , 1998 Signed: Na. -ne: Authorized Representative for Iskan Liberty Partnership �1 ,ed: gT' - Nacre: Ahmad Gharebaabi Signed: Name: Mohammad Sheshebor H H Z U H H MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 August 16, 2001 Mr. Michael Palmer Construction Manager Jack -in- the -Box 100 N. Barranca Avenue Suite 200 West Covina, CA 91791 -1600 Re: Status of proposed Commercial Planned Development No. 2000- 02, including a Jack -in- the -Box Drive - through Restaurant. Dear Michael, As a follow -up to our phone conversation on August 15, 2001, initially relating to the outstanding entitlement processing balance, I would also have a comment concerning access to the project. The Planning Commission at their meeting on July 9, 2001, continued this proposed commercial development to explore additional options for access to the site. Currently, access to the site has been limited to one two -way curb cut on Los Angeles Avenue. Since the inception of this project, staff has suggested that additional access be provided by traversing the adjacent Mobil gas station site. This opportunity for additional access to Leta Yancy Road (formerly Liberty Bell Road) was envisioned in various aspects of the Mobil facility approval and an easement has been recorded to allow public discovery of this opportunity. However, the property owner has not been willing to accept this conclusion and legal action to perfect the easement would appear to be necessary. Aside from the opportunity for access through Mobil, the only other viable second access opportunity appears to be through a joint curb cut between this project (east property line) with Mobil at its west property line, resulting in a second curb -cut onto Los Angeles Avenue. Staff indicated in the hearing and through the earlier discussions with applicant, that this could not be supported because of potential traffic conflicts. ATTACHMENT 2 PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tem Counalmember Counalmember Courxdmember Mr. Michael Palmer - CPD No. 2000 -02 - Jack -in- the -Box Page 2 August 16, 2001 The conflict that we see involves traffic movement criss- crossing of 'outward bound vehicles from Jack -in- the -Box with inward bound vehicles to Jack's or to the car wash or gas station. Also, our concern would relate to the east bound vehicle approaching the joint -use driveway attempting a movement similar to a u -turn and conflicting with automobiles stacked for the car wash or moving from the gas pumps, east of the common drive to Jack -in- the -Box, or to queue -up for the car wash. The movements are awkward and uncontrollable. As you are aware, Los Angeles Avenue has received significant and focused attention from the City Council, staff and residents because of the nature, volume and speed of vehicles that traverse the City using this corridor. A significant number of semi - trucks, together with a high volume of automobiles use this corridor as a through and local route, traveling at fairly high speeds. Any decision made by the City concerning additional curb cuts creating potential points of conflict are extensively reviewed. Staff will continue to recommend against a second curb cut on Los Angeles Avenue, especially at the joint property lines of the two (2) above - referenced projects. Concerning the accounting issue, please find attached additional information concerning the outstanding processing balance. Should you have questions or comments, please do' not hesitate to give me a call at 805/517 -6258. Sincerely, I 6z Wayne Loftus Director of Community Development Attachment: Accounting information C: Honorable City Council Steven Kueny, City Manager File - CPD No. 2000 -02 Jack -in- the -Box Chroni S: \Community Development \Everyone \Wayne Loftus Correspondence \1tr.Michael Palmer.Jack in the Box.81601.doc MOORPARK Plewing Commissi:!'. M� 109 Of UEM. City of Moorpark -7 ,- Community Development Department l -rtlf. Planning Commission Staff Report DATE OF MEETING: July 9, 2001 (Continued from June 11, 2001 - Public Hearing open) REQUEST: Commercial Planned Development Permit for a Jack- in -the- Box Restaurant with drive - through service and a two -story office /retail building. The Planning Commission action is a recommendation to the City Council, who will take the final action. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council.. LOCATION: The proposed project is located on the south side of Los Angeles Avenue one property west of the southwest corner of Los Angeles Avenue /Liberty Bell Road, north of the Arroyo Simi. CPD No. 2000 -02 Commercial Planned Development Permit for a Jack -in- the -Box Restaurant with drive - through service office /retail building. APN 1506-0-05-050 CEQA Mitigated Negative Declaration 11APPLICANT: Jack -in- the -Box Restaurants and Acres Realty REQUEST: Commercial Planned Development Permit for a Jack- in -the- Box Restaurant with drive - through service and a two -story office /retail building. The Planning Commission action is a recommendation to the City Council, who will take the final action. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council.. LOCATION: The proposed project is located on the south side of Los Angeles Avenue one property west of the southwest corner of Los Angeles Avenue /Liberty Bell Road, north of the Arroyo Simi. RECOMMENDATION SUMMARY: Recommend to the City Council Approval with conditions. \ \MOR_PRI_SERV \City S ATTACHMENT 3 ;ion Agenda FILE Reports \070501 Jack ii. SITE MAP u �yU✓ DIABLO I Poindexter � J. J /gyp. DORI G1 PALOMAR I Pork < < Veterans Chaparral x v ,~,� SECOND Rb 4.n U USSEN AVE I AVE Memorial Middle School Q o° � so < K ' 1 Post Office " Y TWO ST HERTZ ST z� � Y 2 Police z cl USSEN Resource W AVE Ctr CC Q P SUS z CHALLENGER = 3 y Mission Bell Plozo Torn Center k, < �E CT TEJEC 4 ST ` Choomber of cO Q a ferry ESTH LSCMERy CT < EVEREST A E Commerce School ^ � Veterans SHER. memorial 11 Wilage °� a Moorpartc Unified 2 Auto Center School District v, W UNIDOS AVE Y CL re WEAK AV K • .. : :...........::.:::::... • • • • • • . • • j VILA W CAMPESINA ac a "ES TIC CT . RECOMMENDATION SUMMARY: Recommend to the City Council Approval with conditions. \ \MOR_PRI_SERV \City S ATTACHMENT 3 ;ion Agenda FILE Reports \070501 Jack ii. Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 2 BACKGROUND AND PRIOR ACTIONS: This item was heard by the Planning Commission on June 11, 2001, and continued to July 9, 2001, to allow staff and the applicant additional time to resolve circulation, landscaping and building design issues, prior to the Planning Commission making a recommendation to the City Council. DISCUSSION: The primary focus of the Planning Commission's discussion on June 11, 2001, related to the issues noted above, which have been addressed by the applicant in the revised site plans and elevations attached to this report and evaluated as follows: Landscaping Along Los Angeles Avenue The initial site plan reviewed by the Planning Commission on June 11, 2001, included thirteen (13') feet of on -site landscaping along the public right -of -way of Los Angeles Avenue. Staff commented that twenty (20') feet was the standard for other similar projects on Los Angeles Avenue and an increase in the dimension of the landscaped area was appropriate. The revised plan illustrates a landscaped area that varies in width from fifteen (15') feet at the west end of the site where the access driveway to the parking lot is located, to twenty (201) feet in front of the Jack -in- the -Box, extending to the east property line. All landscaping is noted as on the development site. As previously noted, the adjacent residential project to the west (Pacific Communities, Residential Planned Development No. 96 -01) is required to install an eight (8') foot, landscaped parkway adjacent to the curb, a six (6') foot sidewalk and an additional eight (8') feet of landscaping adjacent to the project sound attenuation wall. A transition of the landscape cross - section would take place within this project as the sidewalk will move from a point next to the curb on the Mobil Station, to eight (8') feet behind the curb on Pacific Communities. The applicant has also addressed the issue of pedestrian movement onto the site from the west by incorporating a sidewalk at the west property line, west of the curb cut and driveway apron into this site. In addition, colored stamped concrete has been added at the driving aisle adjacent to the street. S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 3 Staff continues to support a minimum of twenty (20' ) feet of on- site landscaping along the Los Angeles Avenue frontage. Applicant's proposed modification to the landscaping along Los Angeles Avenue is not consistent with the landscaping standard of previously approved developments in the adjacent area. In order to maintain consistency with other developments and maintain an adequate landscaping buffer along the -street frontage, it is recommended that the site plan be modified to provide a minimum on -site landscaped area of twenty (20') feet along the Los Angeles Avenue street frontage. Building Height The height of the buildings was another concern of the Planning Commission, which has been addressed by the applicant. The height of the retail /office building, especially as it impacts future residential development to the west, was a concern of the Planning Commission. The original height .of the proposed structures to the ridgeline of the various tower elements was 36'9" - which has been reduced by eighteen (18 ") inches to thirty -five (351) feet. These tower elements which are on the east side of the building would have only a minimum impact on the residential project. On the west elevation there was a tower element only at the north center of the retail /office building at a height of 36'9" which has been reduced in height to approximately thirty -four (34') feet. The remaining initial west elevation involved a parapet wall with the top of the parapet at 27'6 ". This wall /roof design has been replaced by a combination of tower elements- and a shed roof that has a facia element at approximately twenty -two (22') feet with a ridgeline height of approximately 25'6 ". Additionally, to respond to concerns about the west elevation architecture, four (4) tower elements have been added with hip roof design and a ridgeline height of approximately thirty -two (321) feet. Although some increase in the height of various elements of the building has taken place, other elements have been included or reduced in height, which results in a more pleasing elevation less monolithic in appearance. Architectural Style As shown to the Planning Commission on June 11, 2001, the architectural features and coloration appeared to have been selected to blend with the Mediterranean and Spanish architecture S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 4 of the adjacent commercial centers, which made it difficult to achieve a sense of individual identity except through signage and the use of overly bold and out -of -place colors, such as red awnings. Staff recommended minor changes including: • Incorporation of flat roof tiles that are gray, brown, or variegated brown and tan in color. • Green or brown awnings. • Medium to dark tan building color as contrasted to the Navajo White. • Incorporation of the gable and hip roof treatment into the west elevation or a continuous hip roof. • Increase in the bottom sill height of the second -story windows on the west side of the retail /office building should be raised to six (6') feet minimum to maintain privacy in the rear yards of the adjacent, future, single- family homes. • Ground floor awnings to include a slight arc above the window where they are attached to the.wall to give more emphasis to the French Provincial architectural theme. As noted under the discussion concerning building height, several tower /roof elements with hip roof design have been added to the west elevation. Additionally, a shed roof element has been incorporated between the lower elements replacing the parapet, which incorporates more detail and a less imposing facade as it slopes away from the adjoining future residential development. The applicant has also made the following modifications to the coloration and facade. The roof tile has been changed to a dark brown, flat, concrete tile' and the red awnings have been substituted with dark green, round, canvas awnings. The color palette has been modified for both buildings by providing a dark brown color base (Dunn Edwards Nutmeg TI -DE -1037) around the perimeter of the buildings to a height of approximately three (3') feet. The overall building color will be a light, yellow brown (Dunn Edwards Little Toot DE 1029) with the towers and wall elements beginning at the second story proposed with a color hue S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc - Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 5 between the base and the walls (Dunn Edwards Buff Pill DE 1028). The Jack -in- the -Box has used this color only on the tower elements. An additional accent trim color has also been added to the fascia and parapet cap of the buildings (Dunn Edwards Wild Rone DE 1041) which is a very light chocolate color. Circulation The Planning Commission had significant comment and concern relating to on -site circulation and site access for the proposed uses; both of which are likely to generate substantial vehicle trips. The current proposal provides a connection between the subject site and the Mobil Station /Mini Mart to the east for traffic to travel in a westbound direction only from the gas station to this project. Absent this connecting driveway, the only access to the proposed project is through the curb cut proposed on Los Angeles Avenue. The Mobil Station Commercial Planned Development and Conditional Use Permit (CPD No. 97 -01 and CUP 97- 02) were conditioned to provide for cross traffic flow and sharing of curb cuts, but details of this circulation concept were not specified. The owner of the Mobil Station has been contacted on several occasions concerning the provision of access and circulation between that site and Jack -in- the -Box in the southerly portion of the site; however, this point of access has been declined thus far. During th'e June 11th hearing, the Planning Commission heard reference by various speakers concerning the content of the recorded document that could provide access from Liberty Bell Road to the proposed Jack -in- the -Box site. A copy of the recorded agreement has been attached to this report. This agreement provides that adjustments in driveway locations on the Mobil Station site may take place, and requires relocation of the Mobil Station driveway on Los Angeles Avenue, such that one -half (112) of the driveway is on the Mobil Station site and one -half (1/2) is on the Jack -in- the -Box site. Based upon this recorded document, no other internal connections are required. This development site, because of the limited access may not serve well as a location for a fast -food restaurant. Traffic demand is usually high and access from many directions is usually preferred. The striping plan submitted together with the other project revisions discussed in this report has been analyzed by the City Engineer, who has provided the following comment: S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 6 Unless the traffic striping is changed, it would be possible for westbound Los Angeles Avenue (SR 118) traffic to make a left -hand turn into the project. This is highly undesirable because the left turning traffic has no turning pocket or lane to decelerate in prior to turning left. This would necessitate the left turning vehicle to decelerate in the westbound number one (most southerly) lane. This circumstance will significantly increase the potential for traffic accidents caused by through traffic overtaking and striking turning vehicles from behind. To avoid this potential traffic problem, the solid double lines and island chevrons should be extended well past the westerly property line of the proposed project. If this is done, the westbound Los Angeles Avenue traffic wishing to enter the site will have to continue westerly to Shasta Avenue (future signal), execute a u -turn and return to the site as eastbound traffic. Although the travel to Shasta Avenue and the u -turn movement will consume a portion of the traffic capacity of Los Angeles Avenue, the u -turn will be a protected movement and should not impact traffic safety any more than the increment in traffic congestion that it will cause. In addition to the above comments, it is recommended that the cross parcel driveway proposed near the Los Angeles Avenue right -of -way be eliminated because of the significant potential for traffic conflicts on both commercial properties, as well as on the public street. As noted earlier, traffic flow was east to west only, and movement through this connecting drive could encourage vehicles to travel through the Mobil Station from Liberty Bell Road to get to Jack -in- the -Box or the retail office building. At this time, since the Mobil Station owner will not provide any other point of access from Liberty Bell Road, the Planning Commission must decide if direct access only from Los Angeles Avenue is sufficient for the proposed commercial uses. Staff has concluded that the situation is marginal, and that many u -turns will take place at the future signal at Shasta Avenue, and that westbound vehicles on Los Angeles well attempt left turns onto the site. As this project is currently proposed, and based upon closure of the connecting driveway between Jack -in -the Box and the Mobil Station, and if the center median (no turns allowed) is extended to the west on Los Angeles Avenue, access to this site will be extremely limited, especially for uses which typically depend upon high traffic counts. S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 7 Miscellaneous Changes Included in the June 11th staff report was a recommendation for decorative paving to be installed at strategic locations to tie the center together, especially for pedestrian movement. Decorative paving has been included on the entrance drive parallel to Los Angeles Avenue and should also be included in front of the buildings and as a crossing between buildings for pedestrian movements. The applicant has responded to concern for privacy within the adjacent future single family residential project by illustrating that the bottom sill height of the second story offices in the westerly building will be a minimum of six (6) feet above the finish floor level. ENVIRONMENTAL DETERMINATION: As noted by the June 11th staff report, an environmental determination has been prepared for this project consistent with the California Environmental Quality Act (CEQA) , and a Mitigated Negative Declaration has been prepared based upon the fact that this project will not have a significant effect on the environment. The previously prepared environmental documents should be referred to and considered prior to making a recommendation to the City Council concerning this proposed project. RECOMMENDATIONS: 1. Accept additional public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements, prior to making a recommendation to the City Council. 3. Adopt Resolution No. 2001- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -02. ATTACHMENTS: 1. General Plan Map 2. Zoning Map 3. Revised Project Exhibits, 4. Copy of Access Agreement. 5. Draft Resolution including dated July 3, 2001. Mitigation Monitoring Plan. S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc ✓ d r IL d a y / 1 � � u� 7-3 v ..i { � V s Z—� Y 1 nel y �r11 loH u 1 /I1 M3 fa" 11111 I8•rotl 11111 I I V O Sl M i11• .].b:7►n 1111111 d L4- IIL:I:L�, � I11.11�!�: i zi:: u.f► %� •.r. C7ci..woo I. NAME ��Ilr III � .e 1. ��►�, ��. 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Oalf[It Am-awn M an.un m fn IT, t01 O[arias mum x 4"MI& a K KOM= 3Yi Otatlar cowl moor a ROOM U O[ffsK Ifo[[ own't kS < OMt Kf,OC Q fai en a i!1■ z i p.Mawr -M Q KKK '[11.1.1. tY i w Oooul f rK saw. ur mum wAa am to t om as nl[a a rnum aaa � OMass ONOMM as ! KILL OANA OKna![ alas a ow- al fa in KI.` UA&t. • Osomw am AT tat[[ act, in Kaa +1/11 a OWill also owl& in KILL 11111[" fllt t1,ar•1all0Tl OON all saaA •1 MW-Mb LAW. MA KIM W1n a Ollmww M 1's,[ MaAY Js, IEIa1MC OPumR IK IT AOOKII rf0 LOS M arll- OYari Knlf ut A1t a IWTT WELL f 0 us r mat is art a re r ono alm[yY 1000111,4114. CALIF O"wpm, arch au -,.a a am wl KIM A /LL1 aAKM It ♦TWA O r= sun oar ataoTr tc w O« Trrrt w SITE 4,[a/ was PLAN Q1ta au K,A.rf wa sl SIM OKa ram, Mara ua au n own w at" o S D 1 Oat M, t 00 so pas so W Z Ld Q Ln L.J J LAJ C� Z Q Ln 0 J GEI+ERAL NOTES: •irr �� ri�•i�i Krim a r r..r I a. Iyr Iar W�+r•�r tiri��r•Y� air ��a�1 •{.ii�` as M a. s Aar t a. Aw a agar A r ra.awns .r.a. ..raaawwoo, . 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EXTERIOR FINISH SCHEDULE a P NAmIc ANKU IMo loll AAIEL AK A t4ITY SELL AD z 0 KA JAM MOORS PANT: CUSTOM JACK N THE BOX Nm, 1401 OLOSS DOMEL MAW I� A 1aA N DUIN EDWARDS- LITTLE MCI 0E 1075 J 01x0 ED.AROS- DIKE PU 0 � 1024 /►IM91 sGML AS NO q L 0" EDWARD9011111001D 9011111001D 9011111001D ART S DC 311 N MCA CLAY ROOK OlL- I1006 FLAF- CC131 2OR1q DARK COLOR 4 TIED EDWARDS- IND NONE 0 DE 1041 y 01 ExTE110R CEMENT PLASTER- IADMT DASH INS" ELEVATIONS Fes ! 07 Ext1RION CLIENT PSASIa ON RAMISK Of DORM M- LIGHT DASH INS" L C.J • "Xfi CONINOC "I KIT A3.0 O) CLEAR 06KATEO MASS N ALUIRNW StO URONT SYSTEM T U 7 04 Ow swum ON Hum METAL 00016 AID (NAMES, NSCELIAmEWS TRY 00 ENIENON CEMENT ,ollEN FINISH COAT OVEN CONCNEIE WIRE HY oS NNN RALLT ILLUMINATED KftDNO $ONACE (NOT A PART O OARS PERMIT) 01 17' . ■ 70' N DOOR LCUI[R • oR 14", .,,%W- ME E1.ECIACAL DRAWINGS 01 Col fLL wx METAL MVER = 10 12' NOM RACNC AOORCSS ICTrJM (AS REOwRED PER LOCAL JUMSICDON) 11 2' PIASTER NEI(K Fri S 12 T -0' MAKIM 10U11E1E1 KNT ! IJ U"AL COMC y OC i I• P S METAL t OWING; (oJ.cl) IS PKn NfU METAL MIS (i 4f.C.t) 16 CLAY IqL NOQNO IT ESPOA[D WON UONT 311111" (NOT A PART Cir INS PE1.Rf) 11 KIAL FLASHING IS CANVAS AMIMC 20 5000 SHUTTERS Flt 1w4nn01gn A wn[ Ion ON RED RAO(ORMIIO 0 MRE% C DARN wON2E AIODBD E MOR,sNw 10 MATCH AOJAQNI SLWACE f IKNOIAST CLASIDLENC; 0400 *ALPINE 1111'. FINE TEXNAE. a P NAmIc ANKU IMo loll AAIEL AK A t4ITY SELL AD NOOi►AAK CAtf 0 KA JAM MOORS PANT: CUSTOM JACK N THE BOX Nm, 1401 OLOSS DOMEL MAW I� A 1aA N DUIN EDWARDS- LITTLE MCI 0E 1075 J 01x0 ED.AROS- DIKE PU 0 � 1024 K O1" WMARDS- NUIWG T / O1 1037 D sGML AS NO q L 0" EDWARD9011111001D 9011111001D 9011111001D ART S DC 311 N MCA CLAY ROOK OlL- I1006 FLAF- CC131 2OR1q DARK 4 TIED EDWARDS- IND NONE 0 DE 1041 EAI WOR ELEVATIONS 1. ALL SONAa AM NICK IS woof WMAIT wRIRrTAL AND PERMIT (N L C.J • "Xfi CONINOC "I KIT A3.0 ALI RAS1[N A.7cx S N1ES. FLA94MCS ETC SHALL BE PANTED 70 MATCH AOJACENf S11►ACLf u.M.0. LEFT /NORTH ELEVATION SCALE, I,"• -I• -I• EXTERIOR FINISH SCHEDULE NATTRIAI/YRNISM -caa FRONT /WEST ELEVATION SCALE, ",A• -I• -1• IMTOMP-.T4-A 01 ENTTIIOR CEMENT PLASTEK- LICNT DASH TN*4 02 ES REASON CEMY RASTER 011 KACEIRK OF OMMM- UO1T DASH ►NSN 11 CAEM INSAATED G.A9 M ALUMINUM STOREFRONT SYSTEM M WOOD SNUTIERS ON NOLLOR METAL DOORS AND FRAMES. IASCEUAWOIJS TRIM 05 ETITERIOR CEMENT KASIER EINN" COAT OVER CONCRETE RAM as IY MA LY N ODOR dlYq�C SMAGE (NOT A PMT OF TNRS PERMIT) O/ UO"T TAIM. 21 ELECTRICAL (REASONS I CO2 PAL NOR METAL COVER to u' INON WHOM AMR «non (AK R WKO PER Law AIAR-sdcnON) 11 2' KAMR REVEAL 12 2' -0' DIAMETER LOUVEREO VENT 13 METAL CORING IA PKEFW*" M:TAL PARAPET =4114 (OI.C.I.) 1S PKETRR9ED METAL 1101 (aE.CL) 11 CLAY TILL ROWI G 11 EJPM WON UONT STRIP (NOT A PMT Of INS PEWIT) f1 METAL /LASNAG 11 CANVAS All" 20 HOOD 1INTIM A OAR TEST ON RED KAOIOROU"O K CUREEN C NO DARN KRO ZE ANODIZED E CCLOR/FPV2I 10 NATO" ADJACENT WIIACE T TIORCLASI [LASTOMENIQ 1100 *ALPINE WTV. TINE TESTRRE. G K IIJINAN NOOK PAINT: CUSTOM IAp 11 TK KON IUD. -NON G M O"AAIEII N DIP IN TDIMDS- UTTEE 1001 1 DE WE, 1 DIM" Ea1FA01103- KIXY PILL I DE 1021 K uel D EMIMOS- NUIWC T 1 K 1031 L a" ED.NRD1- S/ER.000 10E 311 N ONUI EDEDTWM- wID EROK Ifif K 1AOii eC1310 20RR0 DARN P RED NOTE Vql -a ApYAnOL- 1. ALL SIGIAGE AND KCM IS UNOER SEPARATE SRRITTAL AND KRMIT (N I,L). i CA - PLASIEK CONTROL JOINT PER e w 3. ALl /.fSjSSOIIES, nk"CS EIC !TALL KE PAINTED TO VATCK A04ACENT MACES uN.a A. Xt RIENOR 111141 FLAK GENERAL iEDSK wo T E"QAmOOMg: °Dg OO na�iA�i NorzS�. AIEO. 1ARI Imam AVE)" SAN 1/111L CA 0113 /JKTt M M �M 111 N1 RELEASE PSAYi: Rb C1NS1N7CAOA 0MOPER ASAOt" MQM11R 177 1 I.A. AIL MMPARR, CA UM MAN-01111 z Z !T s � yS �` 0 T7( AI I 010" 1P A Ill AS UOW1 EXTIItRIIOR ELEVATIONS A2.0 - . II Mwta a no own wowso T a au�alc � Isb10a I I u 1 I L r 1 - r -II IK r -A 1/r -y -I In' I r/r r -A , r. I Irr f -r, r r.I Vr I. u maaal Marl a rate Or emem wuf sow na Of r -11/r wrw rev u amoom "a w rate or awna wu N faa r a. R ao^ L ILL am state MALL a Zr r oRm At if It \/ IN to( Y Una AQIAAI A. a a I flmp Fla tut r r -1 IN l •J is fir a� M I* 4 � on Ile V a CAMP imm !A Nana, a m a 111Pla¢ a ALL now half ewl K AA tea "As a. If IG I/ 1/IP "m Y woo alll Was uaa .. ►.� .. .... alum wu sw/ If lM rem and AT K at W/ '•�" •, "' X11 aaala�f. M auKa r1 /,II MIu m wu ,IMI sru K at Ir CC III panel ion 11Y6 red a at rum /Ma • ar f 'aa AAIaAt ftumm n A Papa 30 1" aaMa a a" As Naha no Krrm- OtMO rtl trnot� u Iu �— — — — — — — — — — — - M11af cbrtfa C10A S, la Orleans IML MAIM?. sa amens UMMA W Of OM SMLL K Qp/ll far M after 11%Mf 1 rlaw atria m (tai a K as a A tf. - — — — — — I. ILL Dansat aasa awl K stAgoolArla Y atlelal — — afn twm am r A a Oast A Al ALL OW MAaml AwY YfM OIIf1/l K1111 a ■AM r KAAIM A Or.— ARI JA I -- t }�Q� ` 1 1 Y.1 l E•� I E••• • ^ C1 `Iii Iw we wLL 4 an OI iA• tN.. / 7) ILLL O r 0 a w aAwM man It • orb a w tar IOM nom O al _ — w I tau tm/ - Ipso Mm a Cdr RACE MM VAS ae At s -K Ail. ra mac Inn mica Nunn 1w a amM � mM tau raw u sots sa w KAM r -I An• am I I ea�uts r/wl l�J T it u Awe SWOM sw/ ,MK A tint mar a1AWrAlal K m Irua MK wa I1wt w /rr aM A A soft r b I Eq =_� "" ir-ir Its ` 11. u mm(a woo a Ita wa sow "atom memo AiAp1RAw e11tSw(Mrf T is I I I M a LA AIL mmw w. G LOU �: IL aura Mwl Arlo ranAal IN CMMOea KI Uww THE Day I s000L maw OafaKlm we MIWA. L Ir On ; I00°�°i — I I Est] �I rtu ®Lin oltem C�7 Okla" aLML It M lI[ K NASW w am /wA We AILS a (0 MOIL use I NoauKi { li K CLV b om Al N exit s as um u x flans Ina Mac acre MUSH Call w � J I I I I —I I • I•I� A-w �a `.°'.l.VAM _L I — - — I I e Is tleMa A/IMaKa (Ma uw .K ato ulasm tar sa v I L4 LJ L _J { Mac atlas NUILO me IauI loam is wcm" w.Iq Z _ I r -I Ir -a I -I• -i rm� M , - J t7 Ir -11 Its, OALL/tlw /. rs mar L- __ _ r r t w1o(w I (. t ooK I fe - -- - -- -- — — — — ~ J r -r w mIw � ,soar — — — — — — I { A -,I man .Mats atMai aawl', bla. AIU171. wu :_WT OR ILL IUw1 a real I _ 0 w Rates OF I ~ xN ail tram: Ilr OATLot a II//l�011 Q sir AN awc IAfL ap purl Lw a w u va AY J slat — (sow. a W I ua a�llm= aft Area a aa- r -a ,n alma Q ae t M is to 141 1• 9-1 Vt r -r W r r- .." n•_ K -n An' I + IK I� I NJ GENERAL NOTES BUILD M: I. u maaal Marl a rate Or emem wuf sow na Of wrw rev u amoom "a w rate or awna wu N faa r a. R ao^ L ILL am state MALL a Zr r oRm At if It \/ IN to( Y Una AQIAAI A. a a I flmp Fla tut »s0 eyea„ A%D" Lw o CA oafs aloaa 1V BM K 14 ISO 90M A/ M' ae a/ Vr mltwa m al atom IAa At Math C*AV p. a� M I* 4 � on Ile V a CAMP imm !A Nana, a m a 111Pla¢ a ALL now half ewl K AA tea "As a. If IG I/ 1/IP "m Y woo alll Was uaa .. ►.� .. .... alum wu sw/ If lM rem and AT K at W/ '•�" •, "' w OUl.. Rona a Id avow ram a dmH /faD Ilal V a coon imam am NewAL asammw a OOLM /,II MIu m wu ,IMI sru K at Ir CC III panel ion 11Y6 red 11o1Y AAIaAt ftumm n A Papa 30 1" aaMa a a" As Naha no Krrm- OtMO R(UAIL men at ALL aN w "MM ROOM •A use w mm4L Ex n a,nam (umlaut soft u.a • .I.I. wwac RW MONOt "IT a latAlaa ap; cbrtfa C10A S, la Orleans IML MAIM?. sa amens UMMA W Of OM SMLL K Qp/ll far M after 11%Mf 1 rlaw atria m (tai a K as a A tf. I. ILL Dansat aasa awl K stAgoolArla Y atlelal afn twm am r A a Oast A Al ALL OW MAaml AwY YfM OIIf1/l K1111 a ■AM r KAAIM A 0 CRAM rasawLT. raw WafAM ail K ru,aa f a a an Au Isna eons $was out 1111 Kta am twat W "' 'Indian WL 011011NO N/blaa 0 a w aAwM man It • orb a w tar IOM nom O MULL a wlaau bn1Wa nAKK I sea roc San I tau tm/ - Ipso Mm a Cdr RACE MM VAS ae At s -K Ail. ra mac Inn mica Nunn 1w a amM � mM tau raw u sots sa w KAM t WA" Lac orAbn - • Kurt. it u Awe SWOM sw/ ,MK A tint mar a1AWrAlal K m Irua MK wa I1wt w /rr aM A A soft DEVELOPER MAN • Oman rest b Aa9 ` 11. u mm(a woo a Ita wa sow "atom memo AiAp1RAw e11tSw(Mrf T is mmoure or MI oesat awlatnaa sou K wo raw ON-O AWlae MIMS m IMAlo ■to nAt KIaaNI N aaaan m x taw la MaaML M a LA AIL mmw w. G LOU IL aura Mwl Arlo ranAal IN CMMOea KI Uww THE NSAWM s000L maw OafaKlm we MIWA. N a:We AMR t o MMLL K A Wa Ir Mm mM K K Okla" aLML It M lI[ K NASW w am /wA We AILS a (0 MOIL use I NoauKi K CLV b om Al N exit s as um u x flans Ina Mac acre MUSH pool is (uaarw ealallq • I•I� A-w 11 rrMa (at Mau Ins tea alAlalwl IIA Mac s¢fa Ua&A Ala w Luewew MAWN e Is tleMa A/IMaKa (Ma uw .K ato ulasm tar sa v p Mac atlas NUILO me IauI loam is wcm" w.Iq Z it. FMM mmm ►mt WAWA an lot am Nat ails MULI'L - J t7 0 WCHEN: ( maa.t amslAClr fIAII mllaMw r Kam ah K ors a In !am Kr1a (a/ItaI F41) araliga f. > > wez, nb (wlbo n aMa �� can LLM a Na/ --* ACCESSIBILITY NOTES arm N/[ I. Iaauf sou an^ aw unit orm a fa ralAW p tlawmKf act :An mn mown 1"W4 NO u urw MS 00 auras L MO ACNara as VOW MAan( w K ramnf Jr 10 Aso Nola K Rat no w K trouai ■to a sMOL aim or uKa rot ■ ttllw w Mnanc L WAWA OWN" w r(a1w aria MIU 411111 auto as PWM nm (anew oa me f 10Nf to awalm aaa C u aaas Or awar/s M,u "it A r lr al.a Rex rto at am AT N om w K ORf maKrl. a "=a1 lion It w emw to a I/t•. WA Im" aaAK All r ,n' " A WAA KMI v m Ki a of ArtIIOlr KASw rAa $at flat a Lto OWL K wr KU bto A 1Maab r ale l.n. L IaWQ A Ir tatAwam mw" (end Puma rm no Mort IAam$ be a or a► ex! Ins �Ift "MI,ti as wlaa/ in IF Moe CKat I/A• Alt arum *it" amll IMrai Ya raw Ra I&C tell Make ,III@$ No 4" alrwab P, OMO w waO a /a,wmn a or rn4im main a anum n l a a a am sko a a auto mr 1aa11 9 arm to amwaw w COAT aa. Taw "t KCI. 101111 a 11 N act. w su fA p� �x §i W x MK roe a{ mar e. A. %%A FLOOR PLAN A1A 0 v O BUILDING CROSS SECTION S C A L E , , . • . , • - D ......... I I .. � .......................f ..... Oil DDS► S,ALX M dryook t WALX IS CDOCSA I ' I owmm ,S S VKX I I OBUILDING LONGITUDINAL SECTION . < < : , , . • _ , _ , 0 v O BUILDING CROSS SECTION S C A L E , , . • . , • - D O BUILDING CROSS SECTION S C A L E : , , . • _ , • _ , *=-"m SAM SAM MEALS SO K% G "SJ D�wM�k� .Mi. M Iw.� _•1� .w�.l 101ASi RLOM Porit. p(MATE ID. !Run CDM570liMm CNSGR DEVELOPER omW.uwc mmo~. a ,im CU J� � fA u a 0 M( na•„r is I Keavic 00MU ,r0 i DRUM wr SUSL tl ,DSL, t BUILDING i SECTMNS I A 0 I I .. � .......................f ..... I _ I _ O BUILDING CROSS SECTION S C A L E : , , . • _ , • _ , *=-"m SAM SAM MEALS SO K% G "SJ D�wM�k� .Mi. M Iw.� _•1� .w�.l 101ASi RLOM Porit. p(MATE ID. !Run CDM570liMm CNSGR DEVELOPER omW.uwc mmo~. a ,im CU J� � fA u a 0 M( na•„r is I Keavic 00MU ,r0 i DRUM wr SUSL tl ,DSL, t BUILDING i SECTMNS I A 0 REAR— ELENAIlD1y___(S U-T4 SCALE. 1/0- . 1 _0. - Ae 8' 16' EXTERIOR FINISH SCHEDULE eCOLOR AE/Inal E6SIlsAlPllM O1 (111MOR CESR:NF PLASTER- L10H1 DASH FIR94 07 CLEAR INSAWD CLASS Nt ALMIIIN STOREFIMI SYSTEM ON WLLOW METAL DOORS AND FRAWS. NO1f lAMMA MW 0 LIOHT FIXAME. SEE (LICI K-AL DRAWINGS 11 2• PLASRN 4EWAL I9 CLAY NLE ROOFING 19 CANVAS AN INC 20 IFMCHT NON CuAORAL 21 WOOD "TWINS A WNIE RR1 ON RID RAC GROMD GREEN C 140 DARK 9ROMZE ANOMIED E OiOR/hMSN TO MATCH ADJACENT RWACE N DUNN EDWARDS - LITTLE 1001 i DE 1079 I auto EDWARDS - RUFF ALL / 0( 1020 A OWN EDIAROS - MUnKG TI / O( 1031 L DUNN EDWARDS - WNWOOD DARN # DE 319 o NEDLANDS CLAY ILL• "MAN ►Aft TAE TO MATCH OLD SEDONA M DUNN EDWARDS - MID NON( I Of 1041 NGmlm@RjLAv&Dm I. ALL SIGNACE ANO NEON 5 UNDER SEPARATE SAMITAL AND PEAYT (NI.t: 2. C L r BASRA CONTROL AONI {EA ] ALL I'LAS101 AeC�ssoNNCS. FLASNMts ETC. 94ALL RE PANTED TO MATCH A0 AQNT A9{l�Rr(ACts (u N o `` Q(i " [ 4 A` FLOW K» GENERAL 4011% AND 9aviklious FOIL A001110A�NORS �. �crcf9E9As w AANOA Aw" SAM Olin CA U1L AJWi M 4W so IRA m r ..�....�rrr iw� w .r�.• ..rte ....� KLLAi Ka". DEVEIOPFR ASA061 M 901E31 "FS Aft O LA. AlE M ORPARK CA 92112 ASOFLMM tt. t-tT v a� V1 ■d t F ! v � Z 0 TV( WIAAI A 0 wIR(Hc ADORE UK U NAM IT A. VIA wM[. tn••r•a• EXTERIOR ELEVATIONS A8 EB OALLELEYA L OM _(EASI) SCALE 1/0- - 1 -D' 8' 16' m Will ■ •\ I z III] A ON almomirl f EXTERIOR FINISH SCHEDULE -- EI/ YAIAL/E/IIl1 COLOR VA amwft 01 ER11RION LIMMT PLA$IER- LIGHT DASH nwSH 02 Ex1awR CEMENT PLASTER DY ■ACRSCE aT DMKNS- LIo17 DASH ►RASH m CLEAR NSULA11O CLASS N "LlIff Y SICOIEFRONT SYSTEM 01 HOLLOW METAL iM AID MARKS. MINSELAREOLIS TRY 01 LICHT ntutL ICE ELECTRICAL ORA■YOS 11 2' PIASTER REVEAL 16 CLAY 111E ROOTN0 TN CANVAS RUNIC 20 IROUOIT woN WARORAL 21 WD00 SHUTTERS COL4DRi A wA11 11x1 ON RED WACKGROLN0 IS GREE14 C 10 OARTL NRONA ANOn2ED E CCLOR.sNaN ID MATCH AOAMINT IWACE N WIN EDWARDS - LITTLE MOT / DE 1020 J WIN 01MINDS - ■PLY PILL i DE 1071 R CAIRN EDWARD$ - NU111t6 n I of IM7 L OINK EDINWS - SHE -O0 DARK i Of ]I$ M REDLANDS CLAY Xf: ROMAN PAR SSE E0 MATCH OLD SEDOu Y WIN EDWARD$ - VALD NOW / DE 1011 A MDR OMRIRRYYARM 1. ALL INNADE AND WON IS LINDER WARAIE SU■111TAL AND PERMIT Z. C.J. - PLASTER CONIROI JOINT PER 1 SUU1r�TI��S (u.IL�``SSOEKS. MSHINC�S VC. IIHAL1 RE PANTED TO yMATCH AOAOEVIT •. "III fl0oR' AWIIALCETCHIERAL IRIOIES'. ANO src"tillCaTIA 4311 A�oi10M'a`R ES "LD. as■ uuY AIM SAN WOR CA 0711J aJRr M M �■ 11a MI N M �w M .wA . rw. wtaN L..i .-w U Z N d at- � m 5 .IU Mlprrn.11.n �� UK Trc raw Y' A E PErNC ADD" IIRD Los Alows k! Af a 11i11TT ■U. Ml i MOOrAAC uLr y DRAIN It A. w uw_1/S'•1' .f EXTERIOR !; ELEVATIONS A7, 72 4l C1/t Mttvl• IR — IRIIweATO 4w T•An - a s n.No PLM- nANtm ■tar anew a oeau o o OM•4Nie m« .,,X J COPAL MrAM TMMt INneee as aNt 0 01117 =SS-BUILDING .SECTION n SCALE* I /N' - 1' -U' w9 4 - Us M" .rove WA fM CA SMU Mwrl M iN►� ��I srM M ALAX KONT. M: C067kKNM OEWLOPER AMBURAN h'43IKNTS By$LLA MC MINA ►ANe, C� LIOJ O/•10 -01 r �-wIr •.w U 2 En � df r! i � l I. 1.1 w PAC MWI A # wimc 400R7S NNO kI r Sr ♦ VU u Motu BUILDING SECTIONS A9 F1RSIQQR PLAN �.CALC. 1/0' c 1 -U' A\ 8' 16' I 1 U X WAGA .roar up Ka CA spas 'Ad MMon b n.r w..�..y r.✓�.wr. OaII� I IIUA= �[Yl• Ca6AICI0A �_ Im DEVELOPER ASAOUOAN WAS114N1S Ufa LaAc NOW -IOM Z tn Y� iZ S V cc oc W yS P4 Al 0 Rlmc AOOKO- Iwo Lac &"US u( & l4llr KLA AI DRAM It A. VIA FIRST FLOOR PLAN A5 ?� f • I M, � I 9� I �I ,� I SMQND -E R PLAN scALE IUD" r -u ' �s �6. UN RLUa ALOR( SAM mm a ali i 4i� M b 1a hl 1M [i�1LT_i.^7 I w M-1 OEVROKR ASADU M ftw311[NR US 1. LA, Ag_ 4SS/�LR -071 1 IF Z 2114 4.14.111OIQ. WK rot MWRJ �7 A i Kwoc 2 AMRS AM) LDS emus S- AK 4 190t1 KU A 7 DRAM h A. 2y I Swc SECOND FLOOR PLAN A6� ll� r -- r .i ee V9V m Jooa a low" asr umi r r. smo77r Solo" Sim !i �� aarL i r ! sms71 o+u >w ud�auu0�u ryw !1% ,e M s � T � n i •i F 4 l T. 1 -Kvwl r � UPIVA W hrYf101RY a3dol3n3o v v v v v v v *M>WASW7 I wyw• 14W .o .• I r•wia.� M .�•..� wwy i i hm»ews Y" 77ro1r rorlw etn rom—A-7-wil 1 -- lw7d--Jon 11J z Li Q N ll.l J LLl L3 Z Q N O J AOotl1 risrYRt OUT VA KtAit[1Tf 1111 /NM 24TAWO VtAt1 v 11sluQ MUNI r6 Ktoa ow TO T'( K"16. or TI( rHtUTI me rl3Tuar mawr4o Klwt Si to tK wr m tr IK r12 "PC rllrNRK rill- 1 KCM34MMI 1tWMKAT lost r0.! ! r3:=Ww !r A r• to I'M POLE rWW rprT 0.K! r0. % ►1 1 M K STEEL t T lr.�►r O•rr1Ar 4 Au I f/ IM 'VPR1499 -MBK' ft law wam maw WA om G 11tu liiMIrMMM1 .iwwr •r r.+w'r.�.�. :.'i n RUUD LIGHTING LIlx21LIA5A t�..,..W.r.....3 S$41MI L4 CM M.r•T•. •wuti parr .. Tw try �rAT M b w /.twt .v +ter .•rAr/ Y W it/•� r•M M r�Irrt�Tr M tr.•rr r1 IrrrVw rr•Y.r •r SK, r•r•tarr OPP" r.. _...... _.... .,.� �..._.r. ._..... r_ .. 0% r...._ . " _ra. _.....•...._.. Cost . MRC0410-1+ 100 WATT MH �rHEKw►L 1r1tOTECTOR PARKING ►0.E HEIGHT- !S' Fin". ArrrAor • 0.77 a cadinxiXot :NArIYVw •7746 b,"W. AEJ l Avp /Mn KAtb• 726_ MA ■ /Kw AAtiC• I4.47 r/tbi�t/ $ Al / PEN" 0 Aloha w3o to! Maus 0 UMAt( w 0 0*40 !rA trAT!!3 VALL I'.tt'•r r0111111EPAM ;IaTt.& lffw3o" '.3°.. PHOTOMETRIC ....,. roc.,,. VrATVtlrMM� Ar man SITE PLAN IASE HT.• 7 SD2 0 ELEVATION +, .�. O(WLOPER AsA1 ftw NVB%K7tts 1niuAK WMAlL 4 1.111) xii/Lm -m n RUUD LIGHTING LIlx21LIA5A t�..,..W.r.....3 S$41MI L4 CM M.r•T•. •wuti parr .. Tw try �rAT M b w /.twt .v +ter .•rAr/ Y W it/•� r•M M r�Irrt�Tr M tr.•rr r1 IrrrVw rr•Y.r •r SK, r•r•tarr OPP" r.. _...... _.... .,.� �..._.r. ._..... r_ .. 0% r...._ . " _ra. _.....•...._.. Cost . MRC0410-1+ 100 WATT MH �rHEKw►L 1r1tOTECTOR PARKING IIIuwUrncr vdur.vc) ArrrAor • 0.77 :NArIYVw •7746 b,"W. AEJ oil! hlprnll" Avp /Mn KAtb• 726_ MA ■ /Kw AAtiC• I4.47 Al / PEN" Aloha w3o to! Maus AYE t IQTT 101 40 UMAt( w 0*40 !rA trAT!!3 VALL I'.tt'•r r0111111EPAM ;IaTt.& lffw3o" '.3°.. PHOTOMETRIC ....,. roc.,,. VrATVtlrMM� Ar man SITE PLAN SD2 RECORDING REQUESTED BY: CITY OF MOORPA RK WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 98-141208 a .4 ��.'a_ E Ll D►?aii IR AGREEMENT WHEREAS, Ahmad Gharebaghi and Mohammad Sheshebor, (hereinafter referred to as GHAREBAGHI), are currently the owners of and are developing the property located at the southwest corner of Los Angeles Avenue and Liberty Bell Road within the City of Moorpark, described and shown as Parcel B on the attached Exhibit A and Exhibit B and incorporated herein. And Whereas GHAREBAGHI is developing the property in accordance with City of Moorpark Resolution 97 -1409, CPD 97 -1 and CUP 97 -2. AND WHEREAS, Iskan Liberty Partnership, (hereinafter referred to as ISKAN), is currently the owner of the property located to the west and south of the GHAREB AGHI property, described and shown as Parcel A on the attached Exhibit A and Exhibit B. NOW THEREFORE, GHAREBAGHI and ISKAN hereby agree to the following: Upon development of Parcel A and as directed by the City Engineer and Director of Community Development, the western and southern driveways of Parcel B shall be allowed to be relocated. This does not preclude consideration of another access for Parcel A on Los Angeles Avenue or Liberty Bell Road. Relocation of these driveways shall be completed such that half of the driveway is on each property. Construction of any new driveways or relocation of existing driveways includes, but is not limited to, the removal and replacement of parking spaces, landscaping, drainage devices and mechanical facilities and shall be completed at no expense to the owner of Parcel B. Any relocation of mechanical and /or water and air facilities shall be relocated so as to be less visible from the street and residential areas, and not create future relocation problems as a result of any joint access with the property to the south. Any future internal driveway to be extended to the southerly property line of Parcel B shall include the relocation of the five spaces along the southerly property line closest to Liberty Bell Road. These spaces shall be reoriented and relocated to the easterly property line at no expense to the owner of Parcel B. All relocations are to be approved by the Director of Community Development and the City Engineer. It is also agreed that upon construction of new driveways to serve both Parcel A and Parcel B, reciprocal access easements approved by the City Engineer will be executed by the owner(s) or authorized representative(s) of Parcels A and B. This Agreement shall run with the land and the burdens of the Agreement are binding upon, and the benefits of the Agreement inure to the benefit of, the parties and their successors in interest. IN WITNESS WHEREOF, this agreement has been duly executed this . -,?."day of :� �� -7 t , 1998. w Signed: Signed: Signed: f _ - , �--►. Name: i j-; .. , ; Authorized Representative for Iskan Liberty Partnership Name: Ahmad Gharebaghi heshebor . 00 .00. EXHIBIT A PARCEL A THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE NORTHEASTERLY CORNER OF SAID LOT K; THENCE, 1ST SOUTH 1018.38 FEET; AT 30 FEET A 4 X 4 POST WITH BOLT AND WASHER IN THE CENTER; AT 1018.38 FEET A 1 -INCH PIPE MARKED WITH METAL TAG STAMPED L.S. 1842 SET ON THE SOUTHEASTERLY CORNER OF SAID LOT K; THENCE, 2ND NORTH 660 WEST 454.27 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO A 1 -INCH PIPE MARKED WITH A METAL TAG STAMPED L.S. 1842; THENCE, PARALLEL WITH THE EASTERLY LINE OF SAID LOT K, 3RD NORTH 833.21 FEET; AT 803.21 FEET A 1 -INCH PIPE MARKED WITH A METAL TAG STAMPED L.S. 1842 SET IN THE SOUTHERLY LINE OF SAID LOS ANGELES AVENUE, AT 833.21 FEET A POINT IN THE CENTERLINE OF SAID LOS ANGELES AVENUE; THENCE, ALONG SAID CENTERLINE, 4TH EAST 415 FEET TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 15 FEET AS DESCRIBED IN TTIE DEED TO CALIFORNIA RANCH COMPANY, RECORDED IN BOOK 155, PAGE 31 OF DEEDS. ALSO EXCEPT THE INTEREST IN THE NORTHERLY 30.00 FEET OF SAID LAND CONVEYED TO COUNTY OF VENTURA, FOR PUBLIC HIGHWAY BY DEED RECORDED JUNE 6, 1889, IN BOOK 28, PAGE 190 OF DEEDS. ALSO EXCEPT THAT CERTAIN LAND CONVEYED TO THE CITY OF MOORPARK, FOR PUBLIC ROAD PURPOSES BY DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93 -079362 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF LAND, LYING EASTERLY AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID LOS ANGELES AVENUE AND THE NORTHEASTERLY CORNER OF SAID LOT K; THENCE, WEST ALONG THE CENTERLINE OF SAID LOS ANGELES AVENUE 200.00 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 00 °00'00" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, 1 ST SOUTH 00 000'00" WEST 332.00 FEET; THENCE, 2ND NORTH 90 000'00" EAST 169.51 FEET TO AN INTERSECTION OF THE WESTERLY LINE OF SAID DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93-079362 OF OFFICIAL RECORDS. Page I oft PARCEL B THAT PORTION OF LOT K, TRACT L, RANCHO SIMI, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MAPS, IN THE OFFICE OF TfIE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, AT THE NORTHEASTERLY CORNER OF SAID LOT K; THENCE, 1 n SOUTH 1018.38 FEET; AT 30 FEET A 4 X 4 POST WITH BOLT AND WASHER IN THE CENTER; AT 1018.38 FEET A 1 -INCH PIPE MARKED WITH METAL TAG STAMPED L.S. 1842 SET ON THE SOUTHEASTERLY CORNER OF SAID LOT K; THENCE, 2ND NORTH 660 WEST 454.27 FEET ALONG THE SOUTHERLY LINE OF SAID LOT K TO A 1 -INCH PIPE MARKED WITH A METAL TAG STAMPED L.S. 1842; THENCE, PARALLEL WITH THE EASTERLY LINE OF SAID LOT K, 3"D NORTH 833.21 FEET; AT 803.21 FEET A I -INCH PIPE MARKED WITH A METAL TAG STAMPED L.S. 1842 SET IN THE SOUTHERLY LINE OF SAID LOS ANGELES AVENUE, AT 833.21 FEET A POINT IN THE CENTERLINE OF SAID LOS ANGELES AVENUE: THENCE, ALONG SAID CENTERLINE, 4'N EAST 415 FEET TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 15 FEET AS DESCRIBED IN THE DEED TO CALIFORNIA RANCH COMPANY, RECORDED IN BOOK 155, PAGE 31 OF DEEDS. ALSO EXCEPT THE INTEREST IN THE NORTHERLY 30.00 FEET OF SAID LAND CONVEYED TO COUNTY OF VENTURA, FOR PUBLIC HIGHWAY BY DEED RECORDED JUNE 6, 1889, IN BOOK 28, PAGE 190 OF DEEDS. ALSO EXCEPT THAT CERTAIN LAND CONVEYED TO THE CITY OF MOORPARK, FOR PUBLIC ROAD PURPOSES BY DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93 -079362 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION OF LAND, LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE. CON04ENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID LOS ANGELES AVENUE AND THE NORTHEASTERLY CORNER OF SAID LOT K; THENCE, WEST ALONG TIME CENTERLINE OF SAID LOS ANGELES AVENUE 200.00 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 00 °00'00" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, 1ST SOUTH 00 °00'00" WEST 332.00 FEET; THENCE, 2ND NORTH 90 000'00" EAST 169.51 FEET TO AN INTERSECTION OF THE WESTERLY LINE OF SAID DEED RECORDED MAY 4, 1993, AS DOCUMENT NO. 93-079362 OF OFFICIAL RECORDS. Page 2 of 2 �/L NORTHEASTERLY CORNER LOS ANGELES A VENUE LET K WEST _ 415.00' o ! I N00'00'000E I WEST 200.00' h 59.00 I _ N90'00'00 "W 352.62' N44'5941"W 215.00' OYU' I 38.72' (1386 OR 5071 35' ti �i 0 0 ti O O O 0 0 z co 0 O C*�i PARCEL B ;i N00'5934 "W ° 87.35' 0 0 0 0 Z 85.36' I N90'00'00 0E PARCEL A y66000 ��� O •� 169.51' 14.54' -,--*' N90'00'00 "W 7.03' N04'34'25'W _,,,., 99.64' :L 0 0 • e� ° w I 2 ao 0 w NO2'00'49 "W 99.90' I O O w m 0 0 0 0 0 0 w w w o Q o U o EXHIBIT B h 0 0 o I 0 0 z I 15' 0 ao o� o U 0 0 o I 0 0 z I 15' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT C� State of Ca 8 County of _�__ _ P", On 4 q4 before me, Tnrri McCartney �? ugus���• -, ^, ^ice- - -- , Date Name and Tolle of Officer (e g . 'Jane Doe. Notary Public') � personally appeared * ** shphnr *J Name(s) of Signer(s) I� s i 1 personally known to me – OR – :k-r6rroved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that ho4he /th y executed the `S same in himq ter /their authorized capacity(ies), and that by TORRI MC CARTNEY Commission * 1148M i Notay Public - COliforrlb Z Ventura County j. My Cornrn. Expires Jul 27, 2001 hfsA -ver /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han nd official seal. , $ignalurg of Nolary P 11 is OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �? Title or Type of Document: Agreement _ _ t Document Date: August 3. 1998 _ Number of Pages: , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: R 1 1 ,, b^ ii` u :4 - i VIndividual F-1 Corporate Officer Title(s): 0 Partner — El Limited Il General [J Attorney -in -Fact F1 Trustee r[J Guardian or Conservator A'i -I Other: Top of thumb here Signer Is Representing: �I �i Signer's Name: LN(Individual � _ 1 Corporate Officer Title(s): J Partner — U Limited UI General 1-1 Attorney -in -Fact I I Trustee F] Guardian or Conservator 1.1 Other: Top of thumh here r% Signer Is Representing: s' OD 1995 Nalionaf Notary A%Sociation - 8236 Rernmet Ave PO Box 71 AA - Canoaa Park (A 9 1309 71F14 P,m ran Son? Q.—An, r.,❑ T..n I:— 1.ann.a7r, r:a7: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT `� n n -- n - .�•', ;s - ,Cn �'J.�� '.i �_•1�< ^1.`!\�J`� •t.\ C:�_<1C /y'_ �t.`t . _`.1.�,, . ••�.� •_1: . ^.���` �`. •`,ems `. ^ \`. .,- '��- .. ^ ... _ '�. > C;. ;1 y State of California l{ County of Ventura On August 3, 1998 before me, Michelle M. Gonzalez �1 �I Date Name and Tale of Officer (e g. "Jane Doe. Notary Public ") t C� personally appeared Mitri Abdullah Name(s) of Signer(s). Li personally known to me — OR — Dproved to me on the basis of satisfactory evidence to be the perso*r whose name(,sj is /c* subscribed to the within instrument and acknowledged to me that he /sue /thdy executed the <; same in his /Vr /th6r authorized capacity(i9s�, and that by his /her /their signature(,S(on the instrument the per onW, rntCNEuE M•GONZALEZ or the entity upon behalf of which the person,(, acted, ?� Com mf�1On » executed the instrument. Notary Pubic - Cofitvmi0 > Z y �tu0 Coun'y M C m.6 � lut 27, 2� WITNESS my hand and official seal. My hSignature of Vrary Pub OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agreement Document Date: August 3, 1998 Number of Pages: 1 Signer(s) Other Than Named Above: n/a Capacity(ies) Claimed by Signer(s) Signers Name: Mitri A. Mona Signer's Name: ' <� C)ndividual F-7 Individual T FI. 1 I Corporate Officer J Corporate Officer Title(s): Titles (): ' i] Partner— D Limited —General n Partner —Li Limited L eneral I D Attorney -in -Fact --:1 Attorney -in -Fact G Trustee Trustee El Guardian or Conservator _ Guardian or Con rvator; 1C; El Other: Top of thumo here 7 Other: TC)n f thumb here Signer Is Representing: Signer is epresenting: himself �J�'"i..C�7`�CJ` T,, ". - 'i .i -- `�.-�' ✓• -�- -.�. -. - i' - _ --,.� - -- -�; - 1` <.l';i' ='I• - -.r ..r.,.. --.- - r,. 0 1995 Na!ional Notary Assrr ar :.n • 9236 Re^-mal Ave P O ecx 7134 • Carona Pa,i CA 9! 209 7, 84 Prod No 5907 Reorle, Call To'l -Free 1- 800 -1376 -592.7 RESOLUTION NO. PC -2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -02 ON THE APPLICATION OF JACK -IN- THE -BOX RESTAURANTS AND ACRES REALTY LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE NORTH OF THE ARROYO SIMI, WEST OF LIBERTY BELL ROAD. (ASSESSOR PARCEL NO. 506 -0 -05 -050) WHEREAS, at a duly noticed public hearing on June 11, 2001, and July 9, 2001, the Planning Commission held a public hearing and conditionally recommended to the City Council approval of Commercial Planned Development Permit No. 2000 -02 on the application of Jack -in- the -Box Restaurants and Acres Realty for a 2,868 square foot Jack -in- the -Box Restaurant with drive - through service and a 17,196 square foot two story retail /office building located one (1) property west of the southwest corner of Los Angeles Avenue /Liberty Bell Road (Assessor Parcel No. 506 -0 -05- 050; and WHEREAS, at a duly noticed public hearing on June 11, 20011 the Planning Commission opened the public hearing, took public testimony from all those wishing to testify, and continued the request to July 9, 2001, for response to various questions and on July 9, 2001, closed the public hearing; and WHEREAS, the Planning Commission makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Mitigated Negative Declaration /Initial Study and Mitigation Monitoring Program for the project is complete and has been prepared in compliance with CEQA, and City policy. 2. The contents of the Mitigated Negative Declaration /Initial Study and Mitigation Monitoring Program have been considered in the various decisions on the proposed entitlement request. _,T r, SACommunity Development\EveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 2 COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the City's General Plan and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental' to the public interest, health, safety, convenience, or welfare. 5. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, Mitigation Monitoring Program and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 2. The Planning Commission has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SACommunity Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 3 SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (Division 13) of the Public Resources Code of the State of California {beginning at Section 21000), the Planning Commission recommends to the City Council: 1. That the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this project has been completed in compliance with CEQA and State Guidelines. 2. That the Mitigated Negative Declaration and Mitigation Monitoring Program be adopted. 3. Approval of Commercial Planned Development Permit No. 2000 -02 subject to the conditions of Exhibit A (Conditions of Approval) and Exhibit B (Mitigation Monitoring Plan) to this Resolution. The action of the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED THIS DAY OF ATTEST: Celia LaFleur, Administrative Secretary 2001. Janice Parvin, Chairman Exhibit A - Conditions of Approval Exhibit B - Mitigation Monitoring Program SACommunity DevelopmentlEveryonelResolutions and Condilionslpc 010709 CPO 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 4 TO APPROVING RESOLUTIONS CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 A. GENERAL ADMINISTRATION AND POLICY CONDITIONS: 1. Permitted Uses - This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location of all site improvements shall be as shown on the approved plot plans and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 2. Other Regulations - This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. Discontinuance of Use - This Commercial Planned Development Permit shall expire when any of the uses for which it is granted is abandoned for a period of 180 consecutive days. 4. All final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans (three SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 5 full sets) shall be submitted to the Director of Community Development for review and approval. S. Use Inauguration - Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted this permit shall automatically expire on that date. The Director of Community Development may, at his or her discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if Applicant can document that he has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) -days prior to the expiration date of the permit. 6. Abandonment of Use - Upon expiration of this permit, or failure to inaugurate the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as* practicable.' 7. Other Regulations - No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 8. Severability - If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 9. Permittee Defense Costs - The permittee agrees as a condition of issuance and use of this permit to defend, at his or her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative 11MOR_PRI_SERMity SharKommunity Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 6 to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his or her obligation under this condition. 10. Zoning Clearance Prior to Building Permit - Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an Applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this development permit with a City approved Hold Harmless Agreement. 11. Zoning Clearance Required for Occupancy - Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use (s) are compatible with the zoning and terms and conditions of the permit. 12. Certificate of Occupancy Requirement - No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Department. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified. in this permit have been completed or the Applicant has provided a faithful performance bond. At the discretion of the Director of Community Development, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the City Council. 13. Loading and Unloading Operations - Loading and unloading operations shall not be conducted between the hours of 9:00 WOR— PRI— SEMACity SharKommunity DevelopmenhEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 7 p.m. and 7:00 a.m. unless approved by the Director of Community Development. 14. Tenant Occupancy - Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the Applicant shall prepare a hazardous waste minimization plan. 15. Change of Ownership Notice - No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name (s) and address (es) of the new owner(s), lessee (s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 16. Other Uses - If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. All applicable fees and procedures shall apply for said review. 17. Business Registration - 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. 18. Acceptance of Conditions - The permittee's acceptance of this permit and /or commencement of construction and/ or WOR— PRI— SERV\City Share\Community DevelopmentlEveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 8 operations under this permit shall be deemed to be acceptance of all conditions of this permit. 19. Fish and Game Requirement - Within two days after the City Council adoption of a resolution approving this Industrial Planned Development Permit, the Applicant shall submit to the City of Moorpark a check for a single fee of $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and (b) Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. 20. On -site Improvements - No Zoning Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after occupancy to guarantee that improvements not related to grading are maintained. 21. APCD Review of Uses - Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 11M0R PR!_SERV1C+ry Share\Commun4 Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 jack in the Box Restaurants and Acres Realty Page 9 22. Utilities Assessment District - The Applicant agrees not to protest the formation of an underground Utility Assessment District. 23. Continued Maintenance - The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 24. Noxious Odors - No noxious odors shall be generated from any use on the subject site. 25. Uses and Activities to be Conducted Inside - All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development and consistent with applicable Zoning Code provisions. 26. Graffiti Removal - The Applicant and his 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 Director of Community Development. 27. Development of the uses proposed by the application may be phased, except that the office /retail building together with full wall treatment along the residential property line, if required, site landscaping, parking, circulation and trash /recycle facilities required to serve the office building, shall constitute Phase I, unless otherwise determined by the City Council. No Zoning Clearance, building permit, or any other approval needed to construct the restaurant with drive - through shall be issued until a building permit shall have been issued for the office /retail building. Zoning Clearance and building permits for both proposed structures may be issued concurrently. The office /retail building shall be granted a Certificate of Occupancy prior to or concurrently with the granting of a ' WOR_PRI— SERMity Share\Community DevelopmentlEveryone\Resolubons and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 10 Certificate of Occupancy for the restaurant with drive - through. 28. Case Processing Costs - The Applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance for construction. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits. 29. Code Enforcement Costs - The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, 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). B. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. Submittal of Landscape Plans - Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to Grading Permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3 ) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to WOR PRI— SERMity Share\Community Development\EveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 11 replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Director of Community Development. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Director of Community Development to offset the value of the trees removed from the site. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development along Los Angeles Avenue, and as otherwise determined by the Director of Community Development. b. The landscaping along Los Angeles Avenue shall be increased to a minimum of twenty ( 2 0 ) feet in front of the parking area and bermed as approved by the Director of Community Development. WOR_PRI— SEMACity SharelCommunity DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02. Jack in the Box Restaurants and Acres Realty Page 12 C. Trees shall be added along the south and west property lines adjacent to the approved residential project. The size, type and number of trees to be planted shall be subject to the review and approval of the Director of Community Development. d. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. e. All plant species utilized shall be drought tolerant, low water using variety. f. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. g. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. h. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street. i. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. j. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. k. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 1. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. WOR_PRI— SERMity SharelCommunity Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 13 Fifty (50) percent (or as otherwise determined by the Director of Community Development) of all trees shall be a minimum of 24 inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incbrporated in the environmental document shall be incorporated to the degree feasible into the screening plan. M. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. n. All perimeter and/or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. o. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. p. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. q. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Director of Community Development. 2. Offer of Dedication for Landscape Maintenance - Prior to issuance of a Zoning Clearance for construction, the Applicant shall provide an irrevocable offer of an easement to the City for maintaining all landscaping of the site 11 M0R_PRI_SERV1City SharKommunity DevelopmentlEveryone\Resolubons and Condibonslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 14 adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The Applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the Applicant. The City may at its sole discretion place the aforementioned areas in a Landscape Maintenance Assessment District. The Applicant shall record a covenant to this effect. The Applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance Assessment District. 3. The Building Plans or Plot Plan, and Elevations shall be revised to reflect the following: a. The second story windows located along the west elevation of the proposed retail /office building shall have a minimum bottom sill height of six (6) feet or as otherwise as determined by the Director of Community Development to reduce the visibility from the second story offices to the approved residential development. b. If this proposed development precedes development of the residential properties to the south and west of this project, the applicant /developer of this project shall be responsible to construct an eight (8) foot high wall along the west and south property lines, the design of which is subject to the review and approval by the Director of Community Development. The wall shall be constructed prior to commencement of grading. C. A proposed entry from Los Angeles Avenue, the one way drive to the adjacent commercial property on the east, WOR— PRI— SEWCity Share\Community Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 15 and the drive - through for the fast -food restaurant shall include decorative pavement such as brick, interlocking pavers, cobblestones or other materials with colors and design consistent with the proposed architecture. The colors and design are subject to the review and approval of the Director of Community Development. d. The Los Angeles Avenue frontage shall be landscaped with a minimum planted area, twenty (20') feet in depth behind the back of the curb, consistent with the landscape cross - section of the approved Residential Planned Development (RPD No. 96 -01 and Tract 5053) to the west. As determined by the Director of Community Development, the landscape cross - section shall include but is not limited to, an eight (8') foot parkway adjacent to the curb, separating the curb from the sidewalk which shall be a minimum of six (6') feet in width. An additional landscaped area, a minimum of eight (8') feet in width, shall be placed on the south side of the sidewalk, north of any parking lot paving. There shall be a transition from this landscape cross - section to appropriately connect to the landscape cross - section of the commercial development to the east as determined by the Director of Community Development. e. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. f. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. g. Bicycle racks or storage facilities shall be provided on -site as determined by the Director of Community Development. h. All required loading areas and turning radius shall be depicted on the plot plan. A 45 -foot turning radius WOR— PRI— SERMity Share\Community DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 16 shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. i. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. j. Modify the architectural detail and coloration to be consistent with the comments included within the Planning Commission Staff Report, dated June 11, 2001, and as required by the Director' of Community Development to adhere to required Conditions of Approval. 4. Skylights - If skylights are used, the material utilized shall be designed so as to minimize the light from the inside of the building to the exterior. Skylights are subject to the review and approval of the Director of Community Development. 5. Parapet Wall Requirement - Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 6. Lighting Plan - For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development with the required deposit for review and approval. The lighting plan shall achieve the following objectives: avoid interference's with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. Ornamental lighting fixtures to complement the architectural style of the buildings are required on the building as well as in the parking lot area as determined by the Director of Community Development. Light poles within the parking lot area shall be located on cement bases no higher than six (6 ") inches above the finished grade. When possible, light poles shall be located within proposed 11M0R_PRI_SERMity Share\Community DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 17 landscaped areas. All lighting shall be consistent with Section 17.30 of the Zoning Ordinance (Lighting Regulations) and the lighting plan shall, at a minimum, include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20') feet outside the property lines. Layout plan to be based on a ten (10') foot grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (20') feet with the exception of lighting fixtures within twenty (201) feet of the adjacent residential properties which shall be lower than the required property line wall. C. Fixtures must possess sharp cut -off qualities with a maximum of one (1') foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one and a maximum of two -foot candle illumination with a 1.5 -foot candle average or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices 11 MOR_PRI_SERVICity Share\Communiry DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 18 shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be illuminated with a minimum maintained two (21) foot candles at ground level. j. Prior to the issuance of a Building Permit, a copy of the lighting plans shall be submitted to the Police Department for review. 8. Location of Property Line Walls - All property line walls shall be no further than one inch from the property line. 9. Downspouts - No downspouts shall be permitted on the exterior of the building. 10. Roof Mounted Equipment - Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Director of Community Development. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an intregal design element of the building. Prior to the issuance of a Zoning Clearance for construction, the final design and materials for the roof screen and location of any roof - mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all ground level views as well as those from the street and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 11. Exterior Ground Level Equipment - Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be screened from view by a 11MOR_PRI_SERV1City SharelCommunity Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 19 masonry wall, the design of which shall be approved by the Director of Community Development, and located a minimum of twenty (20') feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 12. Building Materials and Colors - All exterior building materials and paint colors shall be those typical of the proposed French Provincial architecture and are subject to the review and approval of the Director of Community Development. 13. Noise Generation Sources - All roof- mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. The noise study must be prepared by a licensed acoustical Engineer in accordance with accepted engineering standards. 14. Striping of Spaces - The striping of parking spaces and loading bays shall be maintained so that it remains clearly visible during the life of the development. 15. Parking Lot Surface - All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, 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. 16. Disposal Areas on Plot Plan - All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be totally covered and screened with a WOR— PRI— SERMity Share\Community DevelopmenAEveryonelResolutions and Conditions# 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 20 six foot high solid wall enclosure with metal gates. The final design and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City staff responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.511) , or a space allotment for one (1) 40 cubic yard bin (288" x 120" ) and one (1) 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables) , or one (1) 40 cubic yard bin for refuse and one (1) 3 cubic yard for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the refuse disposal areas shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Director of Community Development. d. Disposal areas shall be protected from weather conditions, which might render collected recyclable materials unmarketable. WOR- PRI- SERVICity Share\Community Development beryone\Resolu6ons and Cond6onslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 21 e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Each refuse /recycling enclosure shall be screened with a six (6') foot high solid masonry wall enclosure and six (6') foot high gates and shall be designed with cane bolts to secure the gates when in the open position. j. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 17. The franchised refuse hauler designated to service this location will be determined prior to construction. 18. Other requirements related to refuse disposal and recycling include: 11MOR_PRI_SER=ity SharKommunity DevelopmentlEveryoWResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 22 a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the Community Development Department prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on- site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. 19. Enforcement of Vehicle Codes: Prior to Occupancy of either 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 Vehicle Code Section 21107.7. 20. Sign Program: Prior to the issuance of a Zoning Clearance for construction, a comprehensive sign program for the entire project site shall be submitted to, the review and approval of the Director of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. a. All proposed signs shall conform to the approved sign program, prior to the issuance of a sign permit by the Director of Community Development or his designee. b. No off -site signs shall be permitted. C. The approved sign program shall not exceed the signs permitted in the City's sign code. d. No pylon signs shall be permitted. WOR_PRI_SEMACity SharelCommunity DevelopmenAEveryone\Resolubons and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 23 21. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. C. CITY ENGINEER CONDITIONS: 1. The Developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 2. Concurrent with submittal of the grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. 3. Requests for grading permits will be granted in accordance with the approved CPD 2000 -2, as required by these conditions and local ordinance. 4. CPD 2000 -2 does not indicate cut or fill quantities. Staff will be allowed to approve an import or export of 10,000 cubic yards of soil. Any additional import more than 10,000 cubic yards shall require Council approval prior to the commencement of hauling or staged grading operations. 5. The Developer shall indicate in writing to the City Engineer the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 6. Temporary irrigation, hydro seeding or 'equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and WOR— PRI_SERMity Share\Community Development beryoWResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 24 any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 7. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties will not be allowed without mitigation. 8. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 9. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). 10. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City 11 MOR_PRI_SEMACity Share\Community Developmenf Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 25 of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1) All storm drains shall carry a 50 -year frequency storm; 2) All catch basins shall carry a 50 -year storm; 3) All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; and 4) All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices (BMP's) Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Filters, separators, clarifiers or similar devices are not permitted. C. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including on -site detention shall be provided to the satisfaction of the City Engineer. WOR- PRI- SEWCity Share\Community DevelopmenhEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 26 d. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. e. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. It necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. f. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 11. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm; and C. Hydrology calculations shall be per current Ventura County Standards. 12. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo." 13. 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 HMOR_PRI_SERMity SharelCommunity Development\EveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 27 areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 14. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 15. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 16. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall WOR— PRI— SERMity Share\Community Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 28 not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. 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. e. Trash enclosures and /or recycling area shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 17. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm Water Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. 11MOR_PRI_SERMity Share\Community Development\Everyone\Resolutions and Condi6onslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 29 c. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). e. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 18. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 19. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans as may be required for Los Angeles Avenue prepared by a Registered Civil Engineer; shall enter into an agreement with, the City of Moorpark, to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the California Department of Transportation Standards (most recent version). The plans are subject to the review and approval of the City Engineer and the Director of Community Development. WOR_PRI_SERMity Share\Community Development\EveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 30 20. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer, the Director of Community Development and Cal Trans. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 21. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 22. The final design and location of all barrier walls, streetscape elements, urban landscaping is subject to the approval of the Director of Community Development. 23. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 24. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 25. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 26. Utilities, facilities and services shall be extended and /or constructed in conjunction with any approved phased development by the developer as follows: Water & Sewer 11MOR— PRI— SERMity SharKommunity DevelopmentlEveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 31 a. The developer will be responsible for the construction of all on -site and off -site sanitary Sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. District No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. District No. 1 for maintenance. b. Prior to Zone Clearance, the City, Calleguas Municipal Waterworks District and Ventura County Water District No. 1 shall approve final plans for water distribution. Either the Developer shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. 27. All utilities shall be placed underground. 28. Prior to issuance of a Zone Clearance for grading, the Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 29. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. a. All trucks that will haul excavated or graded material off -site shall comply with State Vehicle Code Section 23114, with special attention to Section WOR- PRI- SERMity Share\Community Development\Everyone\Resolutions and Con0oWpc 010709 CPO 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 32 231144 (b) (2) (F) , (e) (2) and (e) (4) as amended, regarding the prevention of such material spilling onto public streets and roads. b. On -site vehicle speeds shall not exceed 15 miles per hour. 30. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 31. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks, which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) . The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. 11MOR_PRI_SERMity Share\Community DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 33 d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f . Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust, which may contain the fungus that causes San Joaquin Valley Fever. g. Wash off heavy -duty construction vehicles before they leave the site. 32. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. b. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 33. All diesel engines used in construction equipment should use high - pressure injectors and reformulated diesel fuel. 34. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. WOR— PRI— SEMACity SharelCommunity DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 34 35. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 36. Truck noise from hauling operations shall be minimized through establishing hauling routes, which avoid residential areas and requiring that engine brakes not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 37. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 38. Equipment not in use for more than ten minutes should be turned off. 39. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 40. The Developer 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 from entering the work site at any time and to protect the public from accidents and injury. 41. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 11M0R_PRI SERV1City Share\Community DevelopmentlEveryone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 35 42. Prior to issuance of a Zoning Clearance for a Building Permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 43. Prior to issuance of a Zoning Clearance for Occupancy: a. A final grading certification shall be submitted to and approved by the City Engineer. b. All permanent NPDES Best Management Practices facilities shall be operational. 44. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. The Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. C. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zone Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. d. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must W0R PRI_SERVICity Share\Community DevelopmentlEveryone\Resolutions and ConditWpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 36 be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. D. FIRE DEPARTMENT CONDITIONS: 1. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6") . 2. Prior to construction, the Applicant shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 3. Address numbers, a minimum of 6 inches (611) high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street; the address number(s) shall be posted adjacent to the driveway entrance. 4. A plan shall be submitted to the Fire District for review indicating the method by which this building will be identified by address numbers (Suite Numbers). 5. Prior to construction, the Applicant shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. 6. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. WOR PRI_SEMACity Share\Community Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 37 a. Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and two (2) 2 -1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 7. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1997 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute at 20 psi. The Applicant shall verify that the water purveyor can provide the required volume at the project. 8. The office building shall be protected by an automatic sprinkler system; plans shall be submitted, with fees for plan review and approval, to the Fire District for review. 9. Plans for any fire alarm system shall be submitted with fees for plan review and approval to the Fire District for plan check. 10. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet 410. The placement of extinguishers shall be subject to review and approval by the Fire District. 11. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. WOR_PRI_SEMAC4 Share%ommunity DevelopmentlEveryonOResolutions and Condi6onslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 38 12. The Applicant shall obtain and comply with the provisions of VCFD Form #126 Requirements For Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 13. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 1. The applicant shall comply with the Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for commercial, industrial and public developments within the District. Also, the applicant shall comply with the applicable provisions of the District Rules and Regulations. F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: No conditions. G. POLICE DEPARTMENT CONDITIONS 1. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 2. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 1. If applicable, prior to the issuance of a Building Permit, the Applicant shall pay all school assessment fees levied by the Moorpark Unified School District. I. FEES TO BE PAID: 11MOR_PRI_SERMity Share\Community Deve1opment\Everyone\Resolu6ons and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 39 1. Prior to issuance of Zoning Clearance for construction, the Applicant shall pay the following fees: a. Current and Future Park System Contribution Fund, in the amount of $.25 per gross square foot of building floor area. b. Art in Public Places Fund, in the amount of $.10 per gross square foot of building floor area. The Applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The artwork must have a value corresponding to the fee and must receive approval from the City Council. C. The Moorpark Traffic Systems Management Fund, in the amount of $319,940.44, to fund TSM Programs or Clean - fuel Vehicle Programs as determined by the City. 2. Citywide Traffic Mitigation Fee - Prior to the issuance of a Zoning Clearance for construction, the Applicant shall pay: a. A Traffic Mitigation Fee, in the amount of $.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. b. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer will not have to pay the AOC fee. 3. The Applicant shall make a special contribution to the City representing the developer's pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($100,000) Los Angeles Avenue /Moorpark Avenue ($165,000) WOR_PRI— SEMACity SharelCommunity Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 40 The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. J. BUILDING & SAFETY DEPARTMENT CONDITIONS: 1. Use of Asbestos - No asbestos pipe or construction materials shall be used. 2. Unconditional Will -Serve Letter - Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. K. MISCELLANEOUS CONDITIONS 1. Prior to issuance of a Building Permit, the Applicant shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the construction charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 2. The project may be located on or near a closed illegal, or abandoned (CIA) solid waste disposal site. The site is identified as S.K. Ranch. If during construction evidence of a waste disposal facility site is encountered, the work shall cease and Environmental Health Division as the Local Enforcement Agency (LEA) must be notified. 3. Plan check approval of the proposed food facility must be obtained from the Environmental Health Department, prior to issuance of a building permit. 4. Where the proposed work falls within or affects the State right -of -way such as construction, grading changes to hydraulics run -off, etc., a CalTrans encroachment permit shall be secured and verified with the City Engineer. WOR— PRI— SEMACity SharelCommunity DevelopmentlEveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 41 11MOR_PRI_SERMity SharelCommunity DevelopmedEveryoneftsolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 42 TO APPROVING RESOLUTIONS MITIGATION MONITORING PROGRAM FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 AIR QUALITY Mitigation Measures: 1. Prior to issuance of a Zoning Clearance for construction of the project, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Monitoring: Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect a Transportation System Management contribution from the developer to use for clean -air programs. In addition, plans will be reviewed by the Building and Safety Department, City Engineer and Department of Community Development to ensure compliance with these requirements. GEOLOGY AND SOILS Mitigation Measures: 11MORPRI_SERMity SharelCommunily DevelopmentlEveryonelResolutions and Condi ionslpc 010709 CPD 2000 -02 reso.doc EXHIBIT ]?>. Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 43 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within the geotechnical study shall apply to development of the property. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Monitoring: Plans will be reviewed by the City Engineer and Building and Safety Department prior to the issuance of building permits to ensure compliance with these requirement. HYDROLOGY AND WATER QUALITY Mitigation Measures: Storm Water Runoff (NPDES) and Flood Control Planning: 1. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered WOR —PRI SERMity Share\Community DevelopmenAberyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Pag° 44 Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1. All storm drains shall carry a 50 -year frequency storm. 2. All catch basins shall carry a 50 -year storm. 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. 4. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales) , infiltration areas and other similar solutions. The use of filters, separators, clarifiers or similar devices shall not be permitted. C. Under a 50 -year frequency storm collector streets shall have a minimum of one (1) dry travel lane in each direction. d. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to SACommunity DevelopmentlEveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 44 Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1. All storm drains shall carry a 50 -year frequency storm. 2. All catch basins shall carry a 50 -year storm. 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. 4. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales) , infiltration areas and other similar solutions. The use of filters, separators, clarifiers or similar devices shall not be permitted. C. Under a 50 -year frequency storm collector streets shall have a minimum of one (1) dry travel lane in each direction. d. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to SACommunity DevelopmentlEveryonelResolutons and Conditions* 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 45 mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. f. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. g. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 2. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 3. Prior to the issuance of any [construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm water SACommunity DevelopmentlEveryoWResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 46 Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 4. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 5. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales) , infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. 6. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo ". 7. 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 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 8. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 9. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as SACommunity DevelopmenfiEveryone\Resolubons and Condibonslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 47 conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 10. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be. swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. 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. e. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system SACommunity Development\Everyone\Resolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Jack in the Box Restaurants and Acres Realty Page 48 or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 11. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm'Water Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "_California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI ) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). SACommunity Development\EveryonelResolutions and Conditionslpc 010709 CPD 2000 -02 reso.doc Resolution No. PC -2001- Commercial Planned Development Permit No. 2000.02 Tack in the Box Restaurants and Acres Realty Page 49 e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "'Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 12. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. Monitoring: Prior to the issuance of a grading permit and /or building permits, the City Engineer will review grading and improvement plans for compliance with NPDES mitigation measures. SAGommunity Development\Everyone\Resolutions and Conditions# 010709 CPD 2000 -02 reso.doc MITIGATED NEGATIVE DECLARATION COMMERCIAL PLANNED DEVELOPMENT CPD 2000 -2 LEAD AGENCY: CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA. 93021 APPLICANT: JACK IN THE BOX RESTAURANT AND ACRES REALTY 100 NORTH BARRANCA NO. 200 WEST COVINA, CA 91791 ATTACHMENT 4 PREPARED: March 6, 2001 PROJECT DESCRIPTION: A Commercial Planned Development application, CPD 2000 -2, will establish the design and control of a 2,868 square foot Jack in the Box restaurant with drive -thru service and a 17,196 square foot two story retail /office building. A thirty six (36) foot wide drive will be provide at the west side of the property. In addition, the applicant is proposing a fourteen (14 ") one -way access from the carwash located to the east of the property. The architectural style of this project is of a French Colonial design. The building elevations will have several relief features, including wood shutters, reveals, canvas awnings, clay tile roofing, wrought iron accents, and other architectural features with various color combinations to vary the appearance. PROJECT LOCATION: The project is located one property west of the southwest corner of Los Angeles Avenue, west of Liberty Bell Road and south of Los Angeles Avenue and Liberty Bell Road, west of the existing car wash, Assessor Parcel No. 506 -0 -05 -050 PROJECT PROPONENT: The project is being proposed by: Jack in the Box Restaurant and Acres Realty 100 North Barranca No. 200 West Covina, Ca 91791 PURPOSE: The purpose of this Mitigated Negative Declaration (MND) is to focus upon environmental impacts of the project identified by the Initial Study. Some impacts may require special mitigation to ensure that impacts to the community or the project area are reduced to a level of insignificance. Some impacts when individually considered may not create significant adverse impacts, but when taken cumulatively may be significant enough to warrant changes in the project design or implementation of mitigation measures to reduce impacts to a level below significant. The information contained in this document is intended to assist decision makers in reaching conclusions concerning the environmental impacts of this project. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 2 ENVIRONMENTAL PROCEDURES: This MND is consistent with the California Environmental Quality Act (CEQA) 1970 as amended (Public Resources Code 21000 et.seq.), the State Guidelines for Implementation of CEQA (California Administrative Code 15000 et. seq.), and the City of Moorpark Rules to Implement CEQA (Resolution 92 -872). TECHNICAL STUDIES. The following technical studies were prepared for the project. 1. EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24, 1990. 3. General Plan of the City of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1991. Protect Technical Study References 11. Geotechnical Investigation Report dated January 26, 1999 by Southern California Geotechnical, Inc. 12. Traffic Analysis dated January 31, 2000 prepared by Thomas S. Montgomery, P.E. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 3 EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Agricultural Resources: The project occurs as an in -fill commercial project in the urban core with no adjacent or abutting agricultural uses, and there are no agricultural uses on the site. Cultural Resources: Professional site investigations and literature reviews show no archeological or cultural resources exist or are likely to exist on the site, and no further work is required. Mineral Resources: No SMARA resources have been identified in association with the project site. Impacts to regional resources will not occur nor will an impact to the capacity of existing resources occur. Population and Housing: The project will be consistent with General Plan build out and land use development for the project area. Recreation: The project will construct on -site facilities to serve the project. Impacts to community parks and recreation can be mitigated through the payment of development fees. Bioloqical resources: No suitable wildlife habitat was identified for this site. EFFECTS FOUND TO HAVE LESS THAN SIGNIFICANT IMPACT: The following was found to have some impact, but the level of impact is less than significant due to requirements to meet mitigation criteria within an existing ordinance or adopted code. EFFECTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATION: The following areas have been found to have impacts upon the project area or community and are considered significant adverse effects unless the mitigation measures provided are implemented and adhered to: Air Quality: The project will contribute incrementally to the reduction in air quality within the region and the community. While the direct impacts of an project may be less than significant on its own, the cumulative effect of this project with other projects known to be in development or pending development create significant impacts for which Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 4 mitigation is necessary. Therefore, a condition has been imposed requiring the project to contribute to a Transportation System Management program. Mitigation Measures: Prior to issuance of a Zoning Clearance for construction of the project, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Geology and Soils: The project lies within the area of the Arroyo Simi drainage. The area south of Los Angeles Avenue has a history of high ground water, with some locations experiencing water at depths less than 50 feet below the surface. Given the composition of the soils that underlie portions of the drainage area, there may be susceptibility to liquefaction. The project site lies within approximately 2 miles of the West Simi Valley Alquist Priolo Fault Zone located within the Tierra Rejada Valley southerly of the City, parallel to Tierra Rejada Road. This fault zone was designated under Alquist Priolo on May 1, 1999. Mapping and study of the fault was performed by the State Geologist prior to 1997, with preliminary data available in October, 1997. This fault is capable of producing surface rupture. The magnitude of events on this fault could be expected to be between 6.5 — 7.5. Intense ground shaking is likely from events involving the fault within adjacent City areas. A Preliminary Geotechnical Investigation of the site was conducted by Southern California Geotechnical, Inc. Several recommendations for grading and stability of the site were included in that report which will be required to be implemented in conjunction with issuance of grading and building permits. Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 5 reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within geotechnical study shall apply to development of the property. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Hydrology and Water Quality: The project will induce areas of impervious materials and will require re- routing of on -site water to approved drainage facilities. During and after construction, significant increase in pollution discharge is expected. Best management practices will be needed to ensure that the level of pollutant discharge is within the acceptable limits under the regional water quality control plan. Mitigation Measures: Storm Water Runoff (NPDES) and Flood Control Planning 1. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1. All storm drains shall carry a 50 -year frequency storm; 2. All catch basins shall carry a 50 -year storm Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 6 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows 4. All culverts shall carry a 100 -year frequency storm b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. c. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right -of -way. When used in other locations they shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer f. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of- way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. g. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 2. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall be per current Ventura County Standards. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 7 3. Prior to the issuance of any [construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 4. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 5. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. 6. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 7. 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 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 8. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 9. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 10. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 8 b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. c. Parking lots and drive - troughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. 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. e. Landscaping shall be properly maintained 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. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 11. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm water Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 9 c. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicantlowner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP) e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will. be attached to the approved grading permit. 12. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. Transportation and Traffic: A Traffic Analysis was prepared by Thomas S. Montgomery date January 31, 2000. In general, the traffic study concluded that the additional traffic proposed as a result of this proposed project would not have any significantly adverse effect on the operation of the street system in the vicinity of the study site. The study indicates the street system in the vicinity of the study site is now operating at acceptable levels of service except at Los Angeles Avenue/Tierra Rejada Road - Gabbert Road during the aftern nd Los Angeles Avenue /Spring Road during the morning peak. The existing E io problems at Los Angeles Avenue and Tierra Rejada Road - Gabbert Road winated in the near future. The minor congestion problem at Los Angeles Avenue and Spring Road during the morning peak would not be significantly changed by the addition of site - generated traffic demands. At total future cumulative traffic demand levels in the year 2010, both the intersections of RD Angeles Avenue /Moorpark Avenue /Moorpark Avenue and Los Angeles venue /Spring Road are projected to be operating slightly in excess of design capacity during a typical weekday afternoon commuter peak travel period. Site generated traffic demands would not significantly contribute to these future traffic that would be Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 10 generated by the subject mixed -use development not have any significant effect on the existing or future operation of the street system serving the study site. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 11 INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR S �nt kTvact AESTHETICS a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or 1:1 a Williamson Act contract? c)lnvolve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Page 1 FE7 Less than Less than No knpact Significant Significant With Mitigation Incorporation ■ 001170 X X X X X El ❑ x ❑ El x Would the project? a) Conflict with or obstruct implementation of the 1:1 applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 1:1 concentrations? e) Create objectionable odors affecting a substantial 1:1 number of people? BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly ❑ or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and wildlife Service? 1:1 x Mm* X X El X X X b) Have a substantial adverse effect on any riparian ❑ a habitat or other sensitive natural community X identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ❑ El El protected wetlands as defined by Section 404 of the /� Clean Water Act ( including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Initial Study for CPD 200 -2 2 d) Interfere substantially with the movement of any El 1:1 1:1 X native migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances El 1:1 1:1 X protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat 1:1 D Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the a significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the ❑ significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those 1:1 interred outside of formal cemeteries? GEOLOGY AND SOILS - Would the project:: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated a on the most recent Aiquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Initial Study for CPD 200-2 3 El El x El El x El El x El El x El F"l x El x El ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ x ❑ ❑ ❑ x ❑ El El El x ❑ ❑ ❑ x c) Be located on a geologic unit or soil that is ❑ unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table a 1:1 18 1-B of the Uniform Building Code (1994), El creating substantial risks to life or property? e) Have soils incapable of adequately supporting D the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the a ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the El El environment through reasonably foreseeable upset El X and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ❑ a D X acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Initial Study for CPD 200 -2 4 d) Be located on a site which is included on a list of El D 1 materials sites com P iled P ursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use a plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private El El 1:1 X airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere ❑ El El with an adopted emergency response plan or /� evacuation plan? h) Expose people or structures to a significant risk of F"i X oss, Injury or death Involving wildland fires, Including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste 0 El 1X discharge requirements? b) Substantially deplete groundwater supplies or 1:1 X interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table levels (e.g. the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the F"l El El X site or area, Including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Initial Study for CPD 200 -2 d) Substantially alter the existing drainage pattern of the El �/ site or area, including through the alteration of the X course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would a exceed the capacity of existing or planned storm drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? El El El X g) Place housing within a 100 -year flood hazard area ;� El as mapped on a Federal Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures 1:1 which would impede or redirect flood flows? i) Inundation by seiche, tsunami, or mudflow? El D ❑ x j) Expose people or structures to a significant risk of El El ❑ loss, injury or death involving flooding, including X flooding as a result of the failure of a levee or dam? LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? El El F"l x El El F-1 x c) Conflict with any Habitat Conservation Plan [HCP] or 11 Natural Community Conservation Plan [NCCPI? MINERAL RESOURCES -- Would the project: Initial Study for CPD 200 -2 6 El ❑ x a) Result in the loss of availability of a known ❑ mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- ❑ Important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE -- Would the project result in: a) Exposure of persons to or generation of noise El El D X levels In excess of standards established In the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ El v X groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient a ❑ a noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in El a El X ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use a ❑ plan or, where such a plan has not been adopted, X within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private ❑ ❑ ❑ �/ airstrip, would the project expose people residing or working in the project area to excessive noise levels? Initial Study for CPD 200 -2 7 POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, F.] El either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse O physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Initial Study for CPD 200 -2 8 ❑ ❑ x El ❑ x ❑ ❑ x ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ RECREATION - a) Would the project increase the use of existing El El F-1 X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ❑ 1:1 El require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in ❑ ❑ �( relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of El El service standard established by the county congestion X management agency for designated roads or highways? c Result in a change in air traffic patterns, including El ❑ El X 9 P 9 either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ❑ El El feature (e.g., sharp curves or dangerous /� intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f)Result in adequate parking capacity? Initial Study for CPD 200 -2 9 El El ❑ x El El El x g) Conflict with adopted policies, plans, or programs 1:1 El supporting alternative transportation (e.g., bus El turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the El El F] applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water a or wastewater treatment facilities or expansion of El El X existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ❑ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve ❑ the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater El F-1 treatment provider which serves or may serve the .. project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Initial Study for CPD 200 -2 10 MANDATORY FINDINGS OF SIGNIFICANCE Poteltialty nt Less than tesskar No Signifkant Signdkant Significant Impact with MRipatlon Incorporation a) Does the project have the potential to degrade El the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually El F1 El X limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects ❑ a which will cause substantial adverse effects on human beings, either directly or indirectly? Initial Study for CPD 200 -2 11 TO: FROM: DATE: ITEM.._ CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Chairman and Members of the Planning Commission Wayne Loftus, Director of Community Development1/64� Prepared by: John Libiez, Planning Manager August 21, 2001, (PC meeting August 27,. 2001) SUBJECT: Consider General Plan Amendment to Adopt Revised Housing Element 2000 -2005; General Plan Amendment 2000 -02; Applicant: City of Moorpark BACKGROUND AND DISCUSSION Legislative Background California Government Code, Article 5, Section 65300 requires each city and county to adopt a comprehensive, long term general plan for the physical development of the county or city and of any land outside its boundaries which in the planning agency's judgement bears relation to its planning. Section 65302 et. seq. defines the content of the comprehensive community general plan. Article 10.6, Section 65580 et. seq. establishes the content and purposes of the Housing Element. Element History The Moorpark General Plan Housing Element was first adopted by the City Council on June 2, 1986. On January 7, 1989, City Council adopted the first update to the element as required by State Planning Law. Element Discussion Staff has previously provided this Draft Element to the Planning Commission under separate cover and has placed it in various locations within the community to insure availability of the document for public review. Additionally, the Draft Element has S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d1.82101.doc FILE COPY Planning Commission Agenda Report General Plan Housing Element Revision August 27, 2001 Page 2 been forwarded to other governmental and public service agencies that are involved with housing issues, including those related to low income families and homelessness. The Planning Commission received and discussed the Draft Element at the November 13, 2000, meeting and continued the discussion and public review, pending corrections and follow -up between staff, the consultant, and the Department of Housing and Community Development (HCD). The continuance has allowed staff and the consultant to receive suggested revisions /comments from HCD and prepare appropriate responses or revisions. The consultant, to reflect the concerns provided by HCD, has revised the Draft Element. It is anticipated that additional minor changes to the element will occur prior to the City Council adoption, as HCD frequently requires minor adjustments during second levels of review and prior to final adoption. The attached Draft Element contains substantial editing and a partial rewrite to some chapters. Changes have been indicated through underlined text and the use of (Revised) or New, where large portions have been amended. Staff and the consultant believe that the issues raised by HCD are adequately and appropriately addressed in the revised draft, dated July 2001. Staff will present an overview and discussion at the Commission hearing of the changes since the first draft was prepared and distributed. The consultant will be present to respond to Commission's questions and to address some of the issues and the work plan technical items. At the previous meeting Commission directed staff to return this matter for further discussion and hearing. Commission also requested that staff prepare the necessary resolution to recommend to the City Council adoption of a Negative Declaration and the Housing Element. Substantial changes have been made to the document that address previously identified issues and HCD comments. All required CEQA documentation should be considered prior to a consideration of the Final Draft Element. All comments received during the hearing process will be documented similar to the way in which comments on environmental documents are received and responses prepared. Public hearing testimony along with the expanded minutes and specific Commission comments and recommendation will be forwarded to the City Council for consideration at their hearing. Staff and S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d1.82101.doc Planning Commission Agenda Report General Plan Housing Element Revision August 27, 2001 Page 3 consultant have developed a revised work plan effort that would allow the Commission recommended Draft Element and comments, as appropriate, to be forwarded to HCD following the completion of the Planning Commission hearing with a request for an abbreviated review period (30 days vs. 60 days) . The Element will tentatively be set for City Council hearing in October and adoption in December 2001. STAFF RECOMMENDATIONS 1. Open public hearing; receive report from staff and consultant; receive public comment and testimony; close public hearing. 2. Consider Negative Declaration. 3. Adopt Resolution PC -2001- recommending adoption of a Revised Housing Element to the Moorpark General Plan. Attachments: 1. Planning Commission Resolution: PC -2001- with exhibit. 1_. 2. Negative Declaration S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d2.82101.doc TO: FROM: DATE: ITEM bmwMEN. mmw� CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Chairman and Members of the Planning Commission Wayne Loftus, Director of Community Development/,164� Prepared by: John Libiez, Planning Manager August 21, 2001, (PC meeting August 27,. 2001) SUBJECT: Consider General Plan Amendment to Adopt Revised Housing Element 2000 -2005; General Plan Amendment 2000 -02; Applicant: City of Moorpark BACKGROUND AND DISCUSSION Legislative Background California Government Code, Article 5, Section 65300 requires each city and county to adopt a comprehensive, long term general plan for the physical development of the county or city and of any land outside its boundaries which in the planning agency's judgement bears relation to its planning. Section 65302 et. seq. defines the content of the comprehensive community general plan. Article 10.6, Section 65580 et. seq. establishes the content and purposes of the Housing Element. Element History The Moorpark General Plan Housing Element was first adopted by the City Council on June 2, 1986. On January 7, 1989, City Council adopted the first update to the element as required by State Planning Law. Element Discussion Staff has previously provided this Draft Element to the Planning Commission under separate cover and has placed it in various locations within the community to insure availability of the document for public review. Additionally, the Draft Element has S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d1.82101.doc FILE COPY Planning Commission Agenda Report General Plan Housing Element Revision August 27, 2001 Page 2 been forwarded to other governmental and public service agencies that are involved with housing issues, including those related to low income families and homelessness. The Planning Commission received and discussed the Draft Element at the November 13, 2000, meeting and continued the discussion and public review, pending corrections and follow -up between staff, the consultant, and the Department of Housing and Community Development (HCD) . The continuance has allowed staff and the consultant to receive suggested revisions /comments from HCD and prepare appropriate responses or revisions. The consultant, to reflect the concerns provided by HCD, has revised the Draft Element. It is anticipated that additional minor changes to the element will occur prior to the City Council adoption, as HCD frequently requires minor adjustments during second levels of review and prior to final adoption. The attached Draft Element contains substantial editing and a partial rewrite to some chapters. Changes have been indicated through underlined text and the use of (Revised) or New, where large portions have been amended. Staff and the consultant believe that the issues raised by HCD are adequately and appropriately addressed in the revised draft, dated July 2001. Staff will present an overview and discussion at the Commission hearing of the changes since the first draft was prepared and distributed. The consultant will be present to respond to Commission's questions and to address some of the issues and the work plan technical items. At the previous meeting Commission directed staff to return this matter for further discussion and hearing. Commission also requested that staff prepare the necessary resolution to recommend to the City Council adoption of a Negative Declaration and the Housing Element. Substantial changes have been made to the document that address previously identified issues and HCD comments. All required CEQA documentation should be considered prior to a consideration of the Final Draft Element. All comments received during the hearing process will be documented similar to the way in which comments on environmental documents are received and responses prepared. Public hearing testimony along with the expanded minutes and specific Commission comments and recommendation will be forwarded to the City Council for consideration at their hearing. Staff and S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d1.82101.doc Planning Commission Agenda Report General Plan Housing Element Revision August 27, 2001 Page 3 consultant have developed a revised work plan effort that would allow the Commission recommended Draft Element and comments, as appropriate, to be forwarded to HCD following the completion of the Planning Commission hearing with a request for an abbreviated review period (30 days vs. 60 days) . The Element will tentatively be set for City Council hearing in October and adoption in December 2001. STAFF RECOMMENDATIONS 1. Open public hearing; receive report from staff and consultant; receive public comment and testimony; close public hearing. 2. Consider Negative Declaration. 3. Adopt Resolution PC -2001- recommending adoption of a Revised Housing Element to the Moorpark General Plan. Attachments: 1. Planning Commission Resolution: PC -2001- with exhibit. 2. Negative Declaration S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d2.82101.doc TO: FROM: DATE: ITEM CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Chairman and Members of the Planning Commission Wayne Loftus, Director of Community Development/%, /�-� Prepared by: John Libiez, Planning Manager August 21, 2001, (PC meeting August 27,. 2001) SUBJECT: Consider General Plan Amendment to Adopt Revised Housing Element 2000 -2005; General Plan Amendment 2000 -02; Applicant: City of Moorpark BACKGROUND AND DISCUSSION Legislative Background California Government Code, Article 5, Section 65300 requires each city and county to adopt a comprehensive, long term general plan for the physical development of the county or city and of any land outside its boundaries which in the planning agency's judgement bears relation to its planning. Section 65302 et. seq. defines the content of the comprehensive community general plan. Article 10.6, Section 65580 et. seq. establishes the content and purposes of the Housing Element. El emen t Hi s tory The Moorpark General Plan Housing Element was first adopted by the City Council on June 2, 1986. On January 7, 1989, City Council adopted the first update to the element as required by State Planning Law. Element Discussion Staff has previously provided this Draft Element to the Planning Commission under separate cover and has placed it in various locations within the community to insure availability of the document for public review. Additionally, the Draft Element has S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.dl.82101.doc Planning Commission Agenda Report General Plan Housing Element Revision August 27, 2001 Page 2 been forwarded to other governmental and that are involved with housing issues, to low income families and homelessness. public service agencies including those related The Planning Commission received and discussed the Draft Element at the November 13, 2000, meeting and continued the discussion and public review, pending corrections and follow -up between staff, the consultant, and the Department of Housing and Community Development (HCD) . The continuance has allowed staff and the consultant to receive suggested revisions /comments from HCD and prepare appropriate responses or revisions. The consultant, to reflect the concerns provided by HCD, has revised the Draft Element. It is anticipated that additional minor changes to the element will occur prior to the City Council adoption, as HCD frequently requires minor adjustments during second levels of review and prior to final adoption. The attached Draft Element contains substantial editing and a partial rewrite to some chapters. Changes have been indicated through underlined text and the use of (Revised) or New, where large portions have been amended. Staff and the consultant believe that the issues raised by HCD are adequately and appropriately addressed in the revised draft, dated July 2001. Staff will present an overview and discussion at the Commission hearing of the changes since the first draft was prepared and distributed. The consultant will be present to respond to Commission's questions and to address some of the issues and the work plan technical items. At the previous meeting Commission directed staff to return this matter for further discussion and hearing. Commission also requested that staff prepare the necessary resolution to recommend to the City Council adoption of a Negative Declaration and the Housing Element. Substantial changes have been made to the document that address previously identified issues and HCD comments. All required CEQA documentation should be considered prior to a consideration of the Final Draft Element. All comments received during the hearing process will be documented similar to the way in which comments on environmental documents are received and responses prepared. Public hearing testimony along with the expanded minutes and specific Commission comments and recommendation will be forwarded to the City Council for consideration at their hearing. Staff and S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d1.82101.doc Planning Commission Agenda Report General Plan Housing Element Revision August 27, 2001 Page 3 consultant have developed a revised work plan effort that would allow the Commission recommended Draft Element and comments, as appropriate, to be forwarded to HCD following the completion of the Planning Commission hearing with a request for an abbreviated review period (30 days vs. 60 days) . The Element will tentatively be set for City Council hearing in October and adoption in December 2001. STAFF RECOMMENDATIONS 1. Open public hearing; receive report from staff and consultant; receive public comment and testimony; close public hearing. 2. Consider Negative Declaration. 3. Adopt Resolution PC -2001- recommending adoption of a Revised Housing Element to the Moorpark General Plan. Attachments: 1. Planning Commission Resolution: PC -2001- with exhibit. 2. Negative Declaration S: \Community Development \Everyone \In Process Documents \Housing Element Stf Rpt 82701 PC.d2.82101.doc RESOLUTION NO. PC -2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF THE REVISION TO THE HOUSING ELEMENT OF THE CITY OF MOORPARK GENERAL PLAN WHEREAS, duly noticed public hearings /workshops were conducted on November 13 and 27, 2000, June 25 and August 27, 2001, regarding consideration of a revision to the Housing Element of the City of Moorpark General Plan; and, WHEREAS, at each of the above - referenced meetings and hearings of the Planning Commission, public testimony was received from all those wishing to testify, and. continued to be received at the August 27, 2001, meeting at which time the Planning Commission closed the pubic hearing; and, WHEREAS, after review and consideration of the information contained in the staff reports of record, along with testimony received on November 13 and 27, 2000, June 25 and August 27, 2001, the Planning Commission closed said hearing on August 27, 2001, and made a recommendation to the City Council; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission hereby determines that the revision to the Housing Element for 2000- 2005, dated July 2001, of the City of Moorpark General Plan does not have the potential to create a significant effect upon the environment and that a Negative Declaration in accordance with the provisions of CEQA (California Environmental Quality Act) may be issued, pursuant to Section 15074 of the California Code of Regulations. SECTION 2. That the Planning Commission hereby recommends to the City Council the approval of the Revised Housing Element for 2000 -2005, dated July 2001, of the Moorpark General Plan (attached as Exhibit A and incorporated herein by reference) based upon the following findings: A. The Revised Housing Element establishes goals, policies and objectives /programs that address the provision of adequate, safe, and decent housing for all economic segments of the community. ATTACHMENT 1 S: \Community Development \Everyone \In Process Documents \PC 82701 Reso HsngElement.d2.82201.doc Planning Commission Resolution PC -2001- Recommending Adoption of Housing Element Page 2 B. The Revised Housing Element satisfies and is consistent with provisions for Housing Elements as contained within Article 10.6 of the Government Code regulating requirements for Housing Elements. C. The Revised Housing Element is consistent with the General Plan and all of its Elements. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: Ayes: Noes: Abstaining: Absent: PASSED, APPROVED AND ADOPTED THIS 27th, DAY OF August, 2001. Janis Parvin, Chairperson ATTEST: Celia LaFleur Secretary Attachments: Exhibit A: Housing Element for 2000 -2005, dated July 2001, of the Moorpark General Plan S: \Community Development \Everyone \In Process Documents \PC 82701 Reso HsngElement.d2.82201.doc MOORPARK 2000 -2005 Housing Element Draft July 2001 CITY OF MOORPARK Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 EXHIBIT A Consultant to City: CBA, Inc. 747 E. Green St., Suite #300 Pasadena, CA 91101 TABLE OF CONTENTS City of Moorpark Housing Element TABLE OF CONTENTS Section Page I. INTRODUCTION ......................................................... ............................1 -1 A. State Policy and Authorization .................................... ............................... 1 -2 B. Role of the Housing Element ...................................... ............................... 1 -2 C. Data Sources .............................................................. ............................... 1 -3 D. Public Participation ..................................................... ............................... 1 -3 E. Relationship to Other General Plan Elements ............. ............................... 1 -4 II. HOUSING NEEDS ASSESSMENT ............................ ............................2 -1 A. Population Characteristics .......................................... ............................... 2 -1 B. Household Characteristics .......................................... ............................... 2 -5 C. Housing Stock Characteristics .................................... ............................... 2 -12 D. Regional Housing Needs ............................................ ............................... 2 -17 E. Assisted Housing At -Risk of Conversion ..................... ............................... 2 -22 III. HOUSING CONSTRAINTS ......................................... ............................3 -1 A. Market Constraints ..................................................... ............................... 3 -1 B. Governmental Constraints .......................................... ............................... 3 -4 C. Environmental Constraints .......................................... ............................... 3 -17 IV. HOUSING RESOURCES ............................................ ............................4 -1 A. Availability of Sites for Housing ................................... ............................... 4 -1 B. Financial Resources ................................................... ............................... 4 -9 C. Administrative Resources ........................................... ............................... 4 -13 D. Opportunities for Energy Conservation ....................... ............................... 4 -14 V. HOUSING PLAN ......................................................... ............................5 -1 A. Evaluation of Past Accomplishments .......................... ............................... - 51 B. Goals and Policies ...................................................... ............................... 5 -6 C. Programs ....................................................................... ............................5 -9 Figure 1: Environmental Constraints ..................................... ............................... 3 -20 Appendix — Glossary of Terms City of Moorpark i Housing Element TABLE OF CONTENTS Chart Page 2 -1 Population Growth Trends .......................................... ............................... 2 -1 2 -2 Age Characteristics .................................................... ............................... 2 -2 2 -3 Race and Ethnicity ...................................................... ............................... 2 -3 2 -4 Education Level .......................................................... ............................... 2 -4 2 -5 Occupations Held by Residents .................................. ............................... 2 -4 2 -6 Household Type ......................................................... ............................... 2 -5 2 -7 Household Composition .............................................. ............................... 2 -5 2 -8 Household Income ...................................................... ............................... 2 -6 2 -9 Income Groups in Moorpark ....................................... ............................... 2 -6 2 -10 Special Needs Groups in Moorpark ............................ ............................... 2 -7 2 -11 Housing for Special Needs Groups ............................. ............................... 2 -11 2 -12 Housing Composition ................................................. ............................... 2 -12 2 -13 Age of Housing Stock ................................................. ............................... 2 -13 2 -14 Housing Prices in Moorpark ........................................ ............................... 2 -14 2 -15 Housing Affordability Matrix ........................................ ............................... 2 -15 2 -16 Housing Problems Summary ...................................... ............................... 2 -17 2 -17 Income by Ethnicity .................................................... ............................... 2 -18 2 -18 Lower Income Households ......................................... ............................... 2 -18 2 -19 Overcrowding Rate ..................................................... ............................... 2 -19 2 -20 Household Overcrowding Profile ................................ ............................... 2 -19 2 -21 Overpayment Rate ..................................................... ............................... 2 -20 2 -22 Household Overpayment Profile ................................. ............................... 2 -20 2 -23 Moorpark's RHNA Allocation ...................................... ............................... 2 -21 2 -24 Inventory of Assisted Units ......................................... ............................... 2 -22 3 -1 Disposition of Home Loans ......................................... ............................... 3 -2 3 -2 Loan Disposition in Moorpark and Ventura County ..... ............................... 3 -3 3 -3 Residential Land Use Categories ............................... ............................... 3 -4 3 -4 Specific Plan Residential Land Use Summary ............ ............................... 3 -5 3 -5 Residential Development Standards ........................... ............................... 3 -6 3 -6 Housing Types Permitted in Residential Zones .......... ............................... 3 -8 3 -7 Development Review Process .................................... ............................... 3 -10 3 -8 Development Review Time Frames ............................ ............................... 3 -11 3 -9 Development Review Fees ......................................... ............................... 3 -13 4 -1 Regional Housing Needs Share for Moorpark ............. ............................... 4 -1 4 -2 Housing Projects on Residential Zoned Land ............. ............................... 4 -3 4 -3 Residential Developments Built/Planned on Commercial Land .................. 4 -4 4 -4 Development Potential on Downtown Sites ................ ............................... 4 -5 4 -5 Comparison of RHNA and Site Capacity .................... ............................... 4 -8 4 -6 Financial Resources for Housing Activities ................. ............................... 4 -10 5 -1 Past Accomplishments ............................................... ............................... 5 -5 5 -2 Housing Program Implementation Summary ............................................. 5 -16 City of Moorpark ii Housing Element INTRODUCTION 1. INTRODUCTION Nestled among the rolling hills in the center of Ventura County, Moorpark incorporated as a city in 1983. Beginning with the small settlements of Epworth and Fremonville, Moorpark has experienced tremendous growth over the 1980s — increasing to a population estimated at 30,000. Despite this rapid population growth, Moorpark has retained its distinctive country charm reminiscent of a small town. Moorpark is distinct from other communities in Ventura County. The City has a high percentage of younger families between ages 25 to 44. Residents tend to have a generally higher education level than many communities, and also the highest median household income in the County. Due to the predominantly residential nature of the community, Moorpark serves as a bedroom community for larger employment centers throughout Ventura County and as well as northwest Los Angeles County. The City's housing stock offers a range of housing opportunities consistent with the urban -rural nature of Ventura County. The Downtown area offers a mix of older single - family neighborhoods, commercial and higher density development. New residential development is nestled in the surrounding hillsides, offering more rural settings. Improvement in the Southern California economy has fostered increased residential development in particular in Specific Plan areas and other areas around the perimeter. Although the improvement in the economy has caused significant residential development, it has also caused a rapid increase in housing and land prices. These increases place a high burden upon lower income individuals and families, seniors, the disabled, large families, farmworkers, and other persons with special housing needs. Though higher priced homes ring the downtown area, the City's center contains much of the older housing stock, some of which is showing significant signs of deterioration. Moorpark faces several challenges over the housing element period. These challenges include maintaining the diversity of the housing stock, ensuring the affordability of the housing stock, rehabilitating the older housing stock in the central downtown, fostering economic development in the downtown, and balancing growth with the needs of existing residents. For the present 2000 -2005 planning period, the City of Moorpark has set forth the following goals for addressing the housing needs facing the community: ➢ Adequate provision of decent, safe housing for residents without regard to race, age, sex, marital status, efhnic background or other arbitrary considerations. ➢ Adequate provision of housing opportunities by type, tenure, and location with particular attention to the provision of housing for special needs groups. ➢ Encourage growth through the identification of suitable parcels for residential development, changes in land use patterns, and appropriate recycling of land. ➢ Develop a balanced community accessible to employment, transportation, shopping, medical services, and governmental agencies among others. City of Moorpark 1 -1 Housing Element INTRODUCTION A. State Policy and Authorization The California Legislature has identified the attainment of a decent home and suitable living environment for every citizen as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature requires that all cities and counties prepare a housing element as part of their comprehensive General Plan. The Government Code sets forth specific components to be contained in a housing element, which must be updated at least every five years to reflect a community's changing housing needs. Moorpark's Housing Element was last updated in 1989 pursuant to State law. Subsequent updates of the Housing Element were postponed, because the Regional Housing Needs Assessment (the basis of the Housing Element) was not funded by the State Legislature or prepared by SCAG until 2000. In the meantime, the Legislature extended the original five -year Housing Element planning period from1989 through 1998 until the RHNA was completed. This Housing Element update is for the planning period of 2000 -2005. B. Role of the Housing Element Moorpark is faced with various important housing issues: a balance between employment and housing opportunities; a match between the supply of and demand for housing; preserving and enhancing affordability to provide housing for all segments of the population; preserving the quality of the housing stock; and providing new types of housing necessary to accommodate changes in the characteristics of households. The 2000 -2005 Housing Element sets forth a series of goals, policies and programs to address these housing issues. The Housing Element is a five -year plan extending from 2000 -2005, unlike other General Plan elements that cover a minimum ten -year planning horizon. This Housing Element identifies strategies and programs that focus on: 1) conserving and improving existing affordable housing; 2) providing adequate housing sites; 3) assisting in the development of affordable housing; 4) removing governmental and other constraints to development; and 5) promoting equal housing opportunities. The Housing Element consists of the following major components: • An analysis of the City's demographic profile, housing characteristics, and existing and future housing needs (Section 2) • A review of potential market, governmental, and environmental constraints to meeting the City's identified housing needs (Section 3). • An evaluation of the land, financial, and organizational resources available to address the City's identified housing needs goals (Section 4). • A statement of the Housing Plan to address the City's identified housing needs, including housing goals, policies and programs (Section 5). City of Moorpark 1 -2 Housing Element INTRODUCTION C. Data Sources Various sources of information are used to prepare the Housing Element. The 1990 Census provides the basis for population and household characteristics. Although dated, the Census remains the most comprehensive and widely accepted source of information. In addition, 1990 Census data must be used in the Housing Element to ensure consistency with other Regional, State, and Federal housing plans. However, several sources of data are used to supplement and provide reliable updates of the 1990 Census. • Population and demographic data is updated by the State Department of Finance, and school enrollment data from the local Unified School District; • Housing market information, such as home sales, rents, and vacancies, is updated by City surveys and property tax assessor's files; • Public and nonprofit agencies are consulted for data on special needs groups, the services available to them, and gaps in the system; and • Lending patterns for home purchase and home improvement loans are provided through the Home Mortgage Disclosure Act (HMDA) database. D. Public Participation The City of Moorpark provides several opportunities for residents to comment on the Housing Element and recommend strategies for adoption. Prior to public hearings, the document is available for review at the City Hall and public libraries. To ensure a wide distribution, the document is sent to the School District, Moorpark College Library, and the Post Office. Local nonprofit and housing advocate groups were also contacted regarding the availability of the Housing Element. In this manner, all economic segments of residents had opportunity to review the Housing Element. The Housing Element was then sent to the State Department of Housing and Community Development for their comment. After HCD review, public hearings were held before both the Planning Commission and the City Council. Notification was also published in the local newspaper in advance of each hearing and copies of the draft Element were available for public review at City Hall, public libraries, and Moorpark College Library, the Senior Center, and the School District. The Planning Commission and City Council hearings are also telecast on public access stations. In order to ensure that all economic segments of the community are notified and encouraged to participate in the Housing Element process, particularly persons and families of lower- income or special needs, the Housing Element will be sent to the following organizations and individuals: (1) Moorpark College; (2) California Rural League of Assistance, (3) Cabrillo Economic Development Corporation; (4) Senior Center; and (5) any interested party that requests a copy. City of Moorpark 1 -3 Housing Element INTRODUCTION E. Relationship to the General Plan The Housing Element is one of the elements of the comprehensive General Plan. Moorpark's General Plan is comprised of the following eight elements: (1) Land Use Element, (2) Circulation Element; (3) Housing Element; (4) Open Space, Conservation & Recreation Element; (5) Noise Element; and (6) Safety Element. The Housing Element builds upon the other General Plan Elements and is entirely consistent with the policies set forth in those elements. The City will ensure consistency between General Plan elements so that policies introduced in one element are consistent with those in other elements. At this time, the revised Element does not propose significant change to any other element of the City's adopted General Plan. However, if it becomes apparent over time that changes to another element are needed for internal consistency, such changes will be proposed for consideration by the Planning Commission and City Council. City of Moorpark 1 -4 Housing Element HOUSING NEEDS ASSESSMENT 2. HOUSING NEEDS ASSESSMENT Assuring the availability of decent and affordable housing for residents of all economic strata is an important goal for Moorpark. To that end, this section of the Housing Element analyzes population and housing characteristics to identify the City's specific housing needs. Important characteristics to consider include: demographics, household characteristics, housing characteristics, and its share of the region's housing needs. This section serves as the basis for developing the City's goals, policies, and programs designed to meet the City's identified housing needs in Chapter V, the "Housing Plan." A. Population Characteristics Population characteristics affect the type of housing need in a community. Population growth, age characteristics, race /ethnicity, and employment trends determine the type of housing need and the ability to afford different housing. This section details the various population characteristics affecting housing needs. 1. Population Trends Moorpark's population has increased significantly over the past 20 years (Chart 2 -1), increasing by approximately 281%, by far the highest rate in the County of Ventura. From an estimated 7,800 persons in 1980, prior to the City's incorporation in 1983, the population increased to 25,494 by 1990. Since 1990, however, population growth has slowed to an additional 16% over the decade to a total of 29,727 in 2000. Significant population growth potential remains. As described later, over 3,100 homes are under construction which, based upon the City's average household size of 3.3 persons, could result in 10,000 additional residents over the following decade. According to the Southern California Association of Governments, this population growth will continue at a slower pace through the Year 2020. Chart 2 -1: Population Growth Trends Jurisdiction 1980 1990 2000 % Change 1980-2000 Camarillo 37,797 52,303 63,335 68% Moorpark 7,798 25,494 29,727 281% Simi Valley 77,500 100,217 113,023 46% Thousand Oaks 77,072 104,352 120,744 57% Ventura County 529,174 669,016 756,501 43% Source: State Department of Finance, 2000. City of Moorpark 2 -1 Housing Element HOUSING NEEDS ASSESSMENT 2. Age Characteristics Housing needs are determined largely by the age characteristics of residents. Each age group has distinct lifestyles, families, income levels, and housing preferences. As people move through stages of life, their housing needs and preferences change. Therefore, evaluating and understanding the age characteristics of a community is an important factor in addressing existing and future housing needs of residents. Compared to Ventura County communities, Moorpark has a higher proportion of young, well- educated, upper income families. According to the 1990 Census, 43% of Moorpark's population were comprised of individuals age 25 -44 years compared to 35% for the County. In addition, children and adolescents made up 33% of Moorpark's population compared to 27% Countywide. For adults over age 45, this portion represents 16% of Moopark's population versus 27% Countywide. Seniors represent 4% of residents in Moorpark, compared to 9% for the County. One of the more important demographic changes taking place across Ventura County communities is the gradual aging of the baby -boom generation (born between 1946 -1964) and their children (1975- 1995). This should place an increasing demand on more affordable single - family homes for the entry-level market and for empty- nesters choosing to trade down their larger homes for smaller units. Future age characteristics are also affected by recent developments. The upswing in construction of single - family homes should draw a large in- migration of middle -aged adults ages 44 -64 and their children to the community of Moorpark through 2010. Chart 2 -2 below summarizes and compares the age distribution of Moorpark residents compared to that of Ventura County as a whole in 1990. Chart 2 -2: Age Characteristics Age Group Ventura County (1990) Moorpark (1990) Number Percent Number Percent Preschool (0 -4) 53,778 8% 2,924 11% School Age (5 -17) 129,208 19% 5,610 22% College Age (18 -24) 71,825 11% 2,108 8% Young Adults (25 -44) 230,575 35% 10,844 43% Middle Age (45 -64) 1209625 18% 3,035 12% Seniors (65 +) 63,005 9% 973 4% Total 669,016 100% 25,494 100% Median Age 31.7 29.2 Source: U.S. Census 1990 City of Moorpark 2 -2 Housing Element HOUSING NEEDS ASSESSMENT 3. Race and Ethnicity The racial /ethnic composition of a city often has important implications for housing need to the extent that different groups may have different household characteristics (such as household size or average age), income levels, and cultural preferences that affect the type of housing that is best suited to their family needs. Understanding these differences provides a basis for addressing housing needs. Moorpark's population has a racial /ethnic composition similar to that of the County. Chart 2 -3 provides a comparison of race and ethnicity between Moorpark and Ventura County in 1990. Whites made up over two- thirds of the population in both the City and County, while Hispanics comprised 22% and 26% respectively. Asians and African Americans comprised the smallest proportion in both jurisdictions. Moorpark's racial /ethnic composition remained the same during the 1990s. According to statistics from the Moorpark Unified School District, enrollment by ethnicity from 1988 to 1999 has remained relatively stable. During this period, White students accounted for approximately 62% of the school age population, while Hispanic and Asian students comprised about 30% and 5% respectively. Chart 2 -3: Race and Ethnicity Groups Ventura County (1990) Moorpark (1990) Number Percent Number Percent White 440,555 66% 17,745 70% African American 14,559 2% 364 1% Hispanic 176,952 26% 5,613 22% Asian 32,665 5% 1,644 6% All Other 4,285 1% 128 1 % Total 669,016 100% 25,494 100% Source: U.S. Census 1990 As noted earlier, the differences in income levels by race - ethnicity typically may affect the housing opportunities available to particular groups. For instance, with respect to homeownership, over 82% of White households owned their own homes compared to approximately �7% of Asian households, 69% of African American households, and 67% of Hispanic households. The difference in homeownership rates is largely related to income differences noted in a later section of this Element. City of Moorpark 2 -3 Housing Element HOUSING NEEDS ASSESSMENT 4. Education and Employment Education and employment levels are key factors in determining household income and housing choices. Moorpark is particularly notable for its high education levels and percentage of residents that hold professional and managerial positions. The higher income level associated with these positions has shaped the demand for single - family housing in the community. The educational level of Moorpark residents is markedly higher than that of Ventura County (Chart 2 -4). As of the 1990 Census, approximately 38% of Moorpark residents held an associate's degree or higher college degree, while over 66% of residents had attended college. In contrast, only 32% of Ventura County residents over the age of 25 had a college degree and 57% had some college education. The high educational status of residents is typically reflected in the higher - paying occupations held by residents. Chart 2 -4: Education Level College No H.S. Diploma 15% Some College 28% H.S. Nploma 20% Due in part to the higher level of education of residents, Moorpark has benefited from a low unemployment rate of 2.8% in 1999 compared to 4.8% for the County. Moreover, almost 40% of City residents held high paying managerial or professional positions compared to 29% of County residents. City residents also held a smaller share of labor and production positions (13 %) than residents Countywide (23 %). Chart 2 -5: Occupations Held by Residents Occupations Ventura County (1990) Moorpark (1990) Number Percent Number Percent Managerial /Professional 98,253 29% 4,654 390/40- Sales, Technical, Admin. 107,561 32% 4,218 35% Service Occupations 37,637 11% 1,199 10% Production and Labor 77,413 23% 1,586 13% Farming, Forestry, Fishery 15,908 5% 373 3% Total 336,772 100% 12,030 100% Source: U.S. Census 1990 Though almost 40% of Moorpark residents hold managerial or professional jobs, most do not work in the City. In fact, only 7% of Moorpark residents work within the City boundaries; whereas, 93% commute to jobs outside the City. This is compared with 57% of Ventura County residents who work outside their place of residence. Thus Moorpark serves as a bedroom community for nearby businesses. City of Moorpark 2 -4 Housing Element HOUSING NEEDS ASSESSMENT B. Household Characteristics Household type and size, income levels, the presence of special needs populations, and other household characteristics determine the type of housing needed by residents. This section details the various household characteristics of Moorpark's residents, while Section D of this Chapter discusses existing housing needs of residents. 1. Household Characteristics According to the California Department of Finance (DOF), Moorpark had 8,796 households as of January 2000. This is a 15% increase since 1990. Chart 2 -6 illustrates the three major households types in Moorpark according to the 1990 Census. The household composition of Moorpark included a higher percentage of families (85 %) versus 76% in Ventura County. The remaining percentage of the community's households were comprised of either single persons (9 %) or other households (6 %). Chart 2 -6: Household Type According to the Department of Finance, in 2000, the City's average household size was 3.3, relatively unchanged since 1990. The largest group of households in Moorpark is families. Among family households, the largest share are married couples with children (49 %) followed by married couples with no children (25 %). Single parents with children comprise 6% of families. In contrast, married couples with children comprise a third of the households in the County (Chart 2 -7). Chart 2 -7: Household Composition Household Type Ventura County Moorpark Household Percent Household Percent Households 217,298 -- 7,621 -- Families 164,774 76% 6,436 84% Married No Children 62,944 29% 1,906 25% Married With Children • 71,431 33% 3,741 49% Single Parent 18,764 9% 491 6% Other Families 11,634 5% 298 4% Non - Families 52,525 24% 1,185 16% Singles 37,991 17% 702 9% Other 14,534 7% 483 6% Source: U.S. Census 1990. City of Moorpark 2 -5 Housing Element HOUSING NEEDS ASSESSMENT 2. Household Income Household income levels determine a family's ability to balance the costs of renting or owning a home while reserving sufficient income to afford other necessities for their families. Income levels can vary considerably among households, based upon their tenure (renters or owners), and household type, among other factors. In 1990, Moorpark households earned a median income of $60,368 -- significantly higher than the Ventura County average of $45,612. As shown in Chart 2 -8, Moorpark's income profile consists primarily of upper income households (63 %) versus a significantly smaller percentage of lower (17 %) income households. In contrast, Ventura County had a significantly lower percentage of upper income households (45 %), and a significantly higher percent of lower (33 %) income households. 80% - 60% 40% i Chart 2 -8: Household Income 0 ■ 20% 1 0% Very Low Low fvbderate Upper The State Department of Housing and Community Development (HCD) classifies households into the following categories based on income, tenure, and household size as a percentage of the County median family income (MFI): • Very Low: Earned up to 50% of the County MFI • Low: Earned 51 % to 80% of the County MFI • Moderate: Earned 81 % to 120% of the County MFI • Upper: Earned above 120% of the County MFI Chart 2 -9 summarizes the distribution of income among households within Moorpark. Approximately 40% of the lower income households in the City are renters. On the other hand, 30% of moderate income households, rent. Upper income households are almost exclusively homeowners, almost 90% own their home. Chart 2 -9: Income Groups in Moorpark Income Group Percent of County MFI Total Renters Owners Very Low 00 -50% 9% 23% 6% Low 51 -80% 8% 14% 7% Moderate 81 -120% 19% 26% 17% Upper 120 %+ 64% 37% 70% Total 100% 100% 100% Source: Southern California Association of Governments, 9998. City of Moorpark 2 -6 Housing Element HOUSING NEEDS ASSESSMENT 3. Special Needs Groups Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances. Special circumstances may be related to one's employment and income, family characteristics, disability, and household characteristics among others. As a result, certain Moorpark residents may experience a higher prevalence of lower income, overpayment, overcrowding, or other housing problems. State Housing Element law defines "special needs" groups to include the following: senior households, disabled persons, larger households, single parent families with children, homeless people, and farm - workers. This section therefore contains a detailed discussion of the housing needs facing each particular group as well as city programs and services available to address their housing needs. Defining housing issues of a special needs group is clearer than defining the magnitude. Because Housing Elements in the SCAG region must be submitted before the 2000 Census is published, the 1990 Census must be used to estimate the size of a particular need group. The use of the 1990 Census may therefore not reflect the magnitude of changes that have occurred between 1990 and 2000. Chart 2 -10 below summarizes the special needs groups residing in Moorpark. Chart 2 -10: Special Needs Groups in Moorpark Special Needs Groups Number of Persons Number of Households. Percentage of . City Seniors (65 years and older) 973 4% Disabled Persons (16+ years) Work Disability 735 4% Mobility /Self -Care Limitation 711 3% Large HHDs (5+ members) 1,407 19% Single Parent Households Single Parents w/ children 491 5% Other Subfamilies 106 1 % College Students 1,811 7% Homeless Persons <10 0% Farmworkers' 373 1% Note: 1. Farmworkers: includes agricultural, fishing and forestry workers. Source: U.S. Census 1990 City of Moorpark 2 -7 Housing Element HOUSING NEEDS ASSESSMENT Senior Citizens. Senior citizens are considered a special needs group, because their limited income, health costs, and disabilities make it much more difficult to afford suitable housing. For Housing Element purposes, senior households are defined as 65 years or older. The City of Moorpark was home to 973 senior residents as of the 1990 Census. This translates into 730 households or 10% percent of all households in Moorpark. Seniors are considered to have special housing needs due to the following: ✓ Disabilities. A high share of seniors (20 %) have a self -care or mobility limitation, defined as a condition lasting over six months which makes it difficult to go outside the home alone or take care of one's personal needs. ✓ Limited Income. Because of their retired status and fixed income, well over 50% of senior households earn lower income— placing a significant burden on their ability to purchase other necessities of life, in particular medical care. ✓ Overpayment. Because of the limited supply of affordable housing, over 30% of senior households overpay for housing. Overpayment also varies by tenure: 22% of homeowners and 59% of renters are overpaying. Moorpark has a variety of services for senior residents including a congregate nutrition program, specially delivered meals to homebound seniors, direct food assistance for low income seniors, and a range of senior activities. Medical transportation is also provided via the Senior Survival mobile. In addition, Tafoya Terrace provides housing for lower- income seniors residing in Moorpark. Disabled Persons. Moorpark is home to a number of people who have a physical or mental disability that prevent them from working, restrict their mobility, or make it difficult to care for themselves. The 1990 Census defines three major disabilities: (1) work disability, (2) mobility limitation, which makes it difficult to go outside the home alone; and (3) self care limitations, which make it difficult to take care of one's personal needs. Taken together, 4% of residents have a work disability; 3% a self care /mobility limitation. Various programs can encourage the provision of special housing design features (e.g., wheel chair ramps, holding bars, special bathroom designs, wider doors, etc) as a means to assist disabled persons to live independently. Special housing can also be provided for disabled persons. In the nonprofit sector, the California Foundation for Independent Living Centers provides information, support and resources to promote the Independent Living philosophy for disabled persons. For persons unable to live in an independent setting or who need additional care, Moorpark complies with the Lanterman Developmental Disabilities Services Act. The City allows State - authorized, certified, or licensed family care homes, foster homes, or group homes serving six or less disabled persons in all residential zones. Moorpark has one residential facility for the elderly /disabled. In addition, the City funds a paratransit service to meet the transportation needs for disabled residents. City of Moorpark 2 -8 Housing Element HOUSING NEEDS ASSESSMENT Large Households. The Federal Government defines large households as having five or more members. Large households are considered to have special needs, because the shortage of affordable and adequately sized housing makes overcrowding and overpayment more prevalent. The 1990 Census reported that Moorpark had over 1,407 large households — which is approximately 20% of all households. • Limited Income. Approximately 23% of large families in Moorpark earned low income, according to the 1990 Census. Of that total, approximately 61 % of renters and 39% of owners earned low incomes. • Available Housing. Moorpark had 5,000 large homes and 752 rentals (3 or more bedrooms) that could easily accommodate large families; however, many of the units are not affordable to them as evidenced below. • Housing Problems. Because of high housing costs, 92% of renters overpaid for housing and 67% lived in overcrowded conditions in 1990. Among large owner households, 20% overpaid and 19% were overcrowded. One of the greatest housing shortages in most communities is larger rental units. To address the issue, the Federal Government provides Section 8 assistance for property owners accepting the certificates. Communities can provide incentives (such as land write - downs) for developers to build larger apartments with three or more bedrooms that can accommodate larger households. Or some communities will require the provision of inclusionary units through developer agreements. Single Parents. Single parents often require special consideration and assistance as a result of their lower income, high costs of childcare, and the need for affordable housing. According to the 1990 Census, Moorpark was home to 491 single parents with dependent children under age 18 and 106 single parent subfamilies living with other families. Single parents with children typically have the following needs. ✓ Limited Income. According to the 1990 Census, the poverty rate among female- headed families was 24% for families with children under age 18 and over 30% for those with children under age 5. ✓ Childcare Costs. According to Census Bureau publications, single parent households spend 12% of their income on preschool childcare; those earning less than $15,000 spend up to 25% of their income. ✓ Housing Problems. Although no statistics are available, it is reasonable to assume that single parents pay a larger share of their income for housing and therefore have higher overpayment rates. City of Moorpark 2 -9 Housing Element HOUSING NEEDS ASSESSMENT Students. Students have special housing needs due to limited income and financial resources. Many students attending part -time in community colleges work full -time jobs, while full time students often work less. In either case, students often earn low income, pay more than half their income for housing, and thus may double up to save income. According to the 1990 Census, however, 1,811 persons, or approximately 7% of the total population, living in Moorpark was enrolled in college. The City of Moorpark is located near many regional colleges, including California State University (Northridge), University of California (Ventura), California Lutheran, and other smaller colleges. Locally, the City is home to Moorpark Community College with an enrollment of over 10,000 students. Of this total, approximately 1,000 students come from the City of Moorpark itself, 3,500 from Simi Valley, 4,000 from the Conejo Valley, and 1,800 from the remainder of Ventura County. The type of housing need depends on the nature of the enrollment. Currently, 2 /3rds of the students are part-time and working within their respective communities. As is the case with most community colleges, no housing is provided by the College. Because the vast majority of students commute from other communities where they work or live, the need for housing is not considered significant. Moorpark College does, however, assist students in finding appropriate housing in the community. Homeless Persons. 1990 Census data show that there are no homeless people living in Moorpark. However, the 1990 Census Bureau count of the homeless is seriously flawed in that it only counts homeless people in emergency shelters or on the streets and was only point estimate rather than time estimate. Still, the homeless population in Moorpark is extremely small, fewer than 10 persons, as reported by regional service agencies. While there are no homeless shelters in Moorpark, several homeless shelters and service providers operate in adjacent communities. These include the Conejo Winter Shelter in Thousand Oaks, which is operated by Lutheran Social Services, the winter shelter run by PADS in Simi Valley, and the Samaritan Center in Simi Valley, which operates a drop -in center that offers supportive services to the homeless. As a member of the Ventura Council of Government's Standing Committee on Homelessness, the City is engaged in addressing homelessness and the needs of the homeless throughout the region. Locally, the City funds Catholic Charities, which provides eviction prevention services that help very low income individuals and families that are at risk of becoming homeless. In addition, the agency provides a variety of services such as food, clothing and referrals to those persons who are homeless. Channel Counties Legal Services, in conjunction with Catholic Charities, also provides legal assistance, such as eviction prevention services and landlord /tenant counseling, one day a week to lower income Moorpark residents. City of Moorpark 2 -10 Housing Element HOUSING NEEDS ASSESSMENT Farmworkers. According to the 1990 Census, there are approximately 373 persons working in occupations dealing with natural resources. Natural resource jobs include those in farming, fishing and forestry. However, standard Census data regarding natural resource jobs over - estimate the City's farmworker population, because it includes a range of other nonfarm related employment. Much of the agricultural land is located outside of Moorpark, although a small amount of farm land does exists in Moorpark. Few if any migrant farm workers reside within the community of Moorpark. However, the City does have one complex for permanent farm worker housing and permits additional farm worker housing in certain zones pursuant to a conditional use permit. Housing for Special Needs Groups Moorpark has a wide range of housing options for its special needs populations. These consist of a residential care facility and public housing for the elderly and disabled, affordable single - family housing for lower income farmworker households, and affordable housing for lower income households including larger units. Chart 2- 11 identifies the type of housing available for special needs groups in Moorpark. Chart 2 -11: Housing for Special Needs Groups Housing Type Capacity Target Group Tafoya Terrance Public Housing 30 units Seniors and the disabled Colibri Elder Care Residential Care 6 beds Seniors and disabled Villa Campesina Single- family homes 62 units Low income/ farmworkers Archstone Le Club Apartments 74 units Lower income households Archstone Apartments *62 units Lower income households Mountain View Single- family homes 15 units Low Income /larger families Pacific Communities Single- family homes * *22 units Low Income /larger families Moorpark Highlands Single- family homes * *25 units Low -mod income large families Hitch Ranch Plan Apartments +100 units Low - moderate income families * Under construction ** Approved and awaiting construction + In Planning Phase City of Moorpark 2 -11 Housing Element HOUSING NEEDS ASSESSMENT C. Housing Stock Characteristics This section of the Housing Element addresses various housing characteristics and conditions that affect the community and their housing needs. Important housing stock issues include the following: housing stock and growth, type of housing available, the tenure and vacancy rates, housing age, condition, and housing cost and affordability. 1. Housing Stock Characteristics A certain degree of diversity within the community's housing stock is an important factor in ensuring that adequate housing opportunities are available for Moorpark's existing and future residents. A diverse housing stock helps to ensure that all households, regardless of their income level, age group, and family size, have the opportunity to find housing that is best suited to their lifestyle needs. As of January 2000, the City had 9,135 housing units. As shown in Chart 2 -12, the predominant housing type is the single - family homes, accounting for 83% of the housing stock. Single- family attached homes comprised 10% of all housing units. Both smaller multi - family projects and larger complexes with more than 5 units made up 14% of the housing stock, while mobilehomes were 3% of housing in Moorpark. Moorpark also has a particularly notable high owner - occupancy rate of 80% as well as with a generally low level of vacancies. In 1990, the overall vacancy rate was modest — at 2.0% for single - family and 6.3% for multi - family units. This mirrors the optimal vacancy rates of 1.5 -2.0% for single- family units, and 5 -6% for rental housing, according to the Southern California Association of Governments. Chart 2 -12: Housing Composition Housing Type 1990 2000 Percent Change in Units No. of Units % of Total No. of Units % of Total Single - Family Detached 5,854 74% 6,708 73% 15% Single - Family Attached 865 11% 865 10% -0- Multi- Family (2 -4 units) 182 2% 414 5% 127% Multi - Family (5 +) 717 9% 843 9% 18% Mobile Homes 297 4% 305 3% 3% Total Housing Units 7,915 100% 9,135 100% 15% Owned 80% n.a. Vacancy Rate 3.7% Source: 1990 Census; State Department of Finance, 2000. City of Moorpark 2 -12 Housing Element HOUSING NEEDS ASSESSMENT 2. Housing Age and Condition Housing age is often used as an indication of when homes require reinvestment. Most homes require greater maintenance as they approach 30 years of age. Common repairs needed include a new roof, wall plaster, and stucco. Homes older than 50 years require more substantial repairs, such as new siding, or plumbing, in order to maintain and extend the useful life and quality of the structure. According to the 1990 Census and 1999 data from the State Department of Finance, approximately 90% of all housing units in Moorpark are less than 30 years old. In fact, the vast majority of homes in the City were constructed recently during the 1980s. Compared with the rest of Ventura County, Moorpark has a much newer housing stock that is generally in good condition. The only exception are a few older homes in the downtown core. Chart 2 -13 identifies the percentage of housing units in Moorpark according to the age of the building as of 2000. Chart 2 -13: Age of Housing Stock 100% 80% _ _ Moorpark ■ Ventura County 60% 40% 20 °i° - 0% - �- 0-29 yrs 30 -50 yrs 50+ yrs The City's Code Enforcement Division identifies and abates housing code violations. The City has two full -time code enforcement officers, one of which has primary responsibility for the old town area. Typical issues include property maintenance, illegally parked /inoperative vehicles, overgrown vegetation, and housing conditions. Code enforcement activities are focused in the central area of Moorpark, where much of the City's older housing stock is located. The Division works in conjunction with the rehabilitation program to identify homes that may benefit from services. City of Moorpark 2 -13 Housing Element HOUSING NEEDS ASSESSMENT 3. Housing Costs and Affordability The cost of housing is directly related to the extent of housing problems in a community. If housing costs are relatively high in comparison to household income, there will be a correspondingly higher prevalence of overpayment and overcrowding. This section summarizes housing costs for housing in Moorpark and evaluates the affordability of the City's housing stock to low and moderate income households. Housing Prices and Rents. To obtain a representative picture of housing costs in Moorpark, a comprehensive survey was undertaken of home sales from September 1998 through October 1999 based on information from Dataquick. Moreover, an internet survey and phone survey were conducted to obtain the monthly rents charged at apartment complexes throughout Moorpark. Chart 2 -14 summarizes the results of the survey. During this period, 883 single - family units and condominiums were sold in Moorpark. Almost 90% of homes sold during this period were three- and four - bedroom units and the median price was approximately $253,500. Condominiums represented 20% of the housing units sold and the median sales price was less at $142,000 due to their smaller lot and building size (e.g., two or three bedroom units). Chart 2 -14: Housing Prices in Moorpark Source: L.A. Times and Dataquick Corp., October 1999; Internet and Phone Survey (2000) Rental housing represents a much smaller percentage of the housing stock in Moorpark. According to the Census, renter - occupied housing comprises 11 percent of all housing units in the City. The rental market in Moorpark consists primarily of apartments, and to a lesser degree townhomes, condominiums, and some single - family homes. As shown in Chart 2 -15, rental rates for Moorpark ranged from $980 for a one - bedroom apartment to $1,500 for a three - bedroom unit. City of Moorpark 2 -14 Housing Element Single - Family Homes Condominiums Apartment Rents Bed- rooms Median Price Units Sold Median Price Units Sold Low High 1 $150,000 1 $155,500 12 $980 $1,015 2 $163,250 32 $148,000 90 $1,085 $1,250 3 $225,000 333 $129,000 62 $1,405 $1,500 4 $292,500 283 $152,000 7 n.a. n.a. 5 $405,000 63 -0- -0- n.a. n.a. Median $253,500 712 $142,000 171 $980 $1,500 Source: L.A. Times and Dataquick Corp., October 1999; Internet and Phone Survey (2000) Rental housing represents a much smaller percentage of the housing stock in Moorpark. According to the Census, renter - occupied housing comprises 11 percent of all housing units in the City. The rental market in Moorpark consists primarily of apartments, and to a lesser degree townhomes, condominiums, and some single - family homes. As shown in Chart 2 -15, rental rates for Moorpark ranged from $980 for a one - bedroom apartment to $1,500 for a three - bedroom unit. City of Moorpark 2 -14 Housing Element HOUSING NEEDS ASSESSMENT Housing Affordability. Housing affordability can be inferred by comparing the cost of renting or owning a home in Moorpark with the maximum affordable housing cost for households that earn different income levels. Taken together, this information can provide a picture of who can afford what size and type of housing as well as indicate the type of households that would likely experience overcrowding or overpayment. The Department of Housing and Community Development (HCD) determines income levels based on HUD's annual determination of the median income for Ventura County. These income levels are adjusted for differences in the type and size of a family. HCD uses these income levels to determine the maximum amount that a household could pay and their eligibility for housing assistance. Chart 2 -15 shows the annual income for very low, low, and moderate income households by the size of the family and the maximum affordable housing payment based on the federal standard of 30% of household income. Standard housing costs for utilities, taxes, and property insurance are also shown. From these income and housing cost figures, the maximum affordable home price and rent is determined. Chart 2 -15: Housing Affordability Matrix Income Group Income Levels Max. Affordable Price Annual Income Affordable Payment Home Rental Very Low One Person $24,000 $600 $53,000 $550 Small Family $30,850 $771 $71,000 $671 Large Family $37,000 $925 $87,000 $775 Low One Person $35,150 $879 $95,000 $829 Small Family $45,200 $1,130 $126,000 $1,030 Large Family $54,200 $1,355 $152,000 $1,205 Moderate One Person $57,550 $1,439 $180,000 $1,389 Small Family $74,000 $1,850 $235,000 $1,750 Large Family $88,000 $2,220 $283,000 $2,070 Notations: 1. Small Family = 3 persons; Large Family = 5 or more persons; 2. Monthly affordable payment based on payments of no more than 30% of household income; 3. Property taxes and insurance based on averages for the region; 4. Calculation of affordable home sales prices based on a down payment of 10 %, annual interest rate of 8 %, 30 -year mortgage, utility costs of $50 -150 per month, and $200 per month in taxes and insurance. City of Moorpark 2 -15 Housing Element HOUSING NEEDS ASSESSMENT Affordability by Household Income. The previous chart showed the maximum amount that a household in a particular income range can pay for housing each month without exceeding the federally - defined 30% income - housing cost threshold for overpayment. This amount can be compared to current market prices for single - family homes, condominiums, and apartments to determine what types of housing opportunities a household can afford. Very Low Income Households. Very low income households in Moorpark earn between $24,000 and $37,000 depending on the size of the family. Based on financing criteria noted earlier, the maximum affordable home price ranges from $53,000 to $87,000. Because the majority of homes in Moorpark exceed $200,000, single - family homes are not a viable option for very low income households. Therefore, very low income households are typically limited to the rental market. Average apartment rents in 2000 were $1,000 for a one - bedroom unit, $1,200 for a two- bedroom unit, and $1,450 for a three - bedroom unit. Since a very low income household can pay $550 to $775 in rent per month, the rent for an apartment is well beyond what a very low income household could afford to pay. As a result, a very low income family renting in Moorpark would be faced with severe overpayment. Low Income Households. Low income households in Moorpark earn between $35,000 and $54,000 depending on the size of the family. The maximum affordable home price ranges from $95,000 to $152,000. Though there is a small number of homes that sold for under $152,000, the closing costs and the down payment would be a serious obstacle to homeownership for low income families. However, a low - income family could afford a condominium, which average $142,000. Based on the earlier affordability matrix, a low income household could afford to pay between $800 and $1,200 for an apartment. Given the range of rents in Moorpark, a low income household could afford a one or two- bedroom unit. However, because of the scarcity of large apartment units, a large family could not afford the rents for such units ($1,400) with overpayment or living in overcrowded conditions. Moderate Income Households. Moderate income households, earning between $57,500 and $88,800, can afford a home price between $180,000 and $280,000. Though half of the homes for sale in 1999 were priced under $280,000, down payment, closing costs, and the recent interest rate increases may act as a barrier to home ownership even for moderate income households. In order to overcome this difficulty, the City could provide down payment assistance programs as an effective mechanism to transition moderate income renters to home ownership. While more limited in number, condominiums are an affordable home ownership opportunity for moderate income households since sales prices range from approximately $100,000 to $300,000. For moderate - income households earning in the lower range of their income category, assistance with down payment and closing costs will further enable moderate income families to overcome this hurdle. City of Moorpark 2 -16 Housing Element HOUSING NEEDS ASSESSMENT D. Regional Housing Needs State law requires all regional councils of government, including the Southern California Association of Governments (SCAG), to determine the existing and projected housing need for its region (Government Code Section 65580 et. seq.). SCAG is also required to determine the share of need allocated to each city and county within the SCAG region. This is called the Regional Housing Needs Assessment (RHNA). 1. Existing Housing Needs A continuing priority of communities is enhancing or maintaining their quality of life. A key measure of quality of life in a community is the extent of "housing problems." The Department of Housing and Urban Development and SCAG have developed an existing need statement that details the number of households, which are paying too much for housing or are living in overcrowded units. These are defined below: y Low Income: refers to a household, which earns less than 80% of the regional median income, adjusted for household size. Depending on household size, income must fall below approximately $50,000 annually. Overcrowding: refers to a housing unit which is occupied by more than one person per room, excluding kitchens, bathrooms, hallways, and porches, as defined by the Federal Government. Overpayment: refers to a household paying more than 30% of gross income for mortgage or rent, including costs for utilities, property insurance, and real estate taxes as defined by the Federal Government. Substandard Housing: refers to a housing unit which has an incomplete kitchen, bathroom, or plumbing facilities. Given that housing in Moorpark is relatively newer, substandard housing is less of an issue in this Element. Chart 2 -16 below summarizes key indicators of existing housing needs of overcrowding and overpayment of households in the City of Moorpark. Later charts present these issues in terms of household size, type, age, and income levels. Chart 2 -16: Housing Problems Summary Family Type Lower Income Over- Crowding Overpay - ment Total 16% 7% 48% Seniors 52% 0% 40% Small Families 9% 2% 48% Large Families 23% 29% 50% Others 16% 2% 50% Source: Comprehensive Housing Affordability Strategy, 1990. City of Moorpark 2 -17 Housing Element HOUSING NEEDS ASSESSMENT Household Income. As discussed earlier, Moorpark is a relatively wealthy community, with the highest median income of any other community in Ventura County. Despite this wealth, there are certain segments of the population which earn low income and, given the high housing costs in the region, are subject to overcrowding and overpayment. This section examines households at greatest risk of these housing problems. Chart 2 -17 shows the proportion of each race /ethnic group that earn extremely low, very low and low income. Each category is defined by its relationship to the County median family income. Asians and African Americans have the lowest proportion of lower income households. Hispanic households comprise 52% of lower income households and of that percentage, one -fifth are extremely low income. Thus Hispanic households appear to be at a significantly greater risk of housing problems, such as overcrowding. Chart 2 -17: Income by Ethnicity 60% l _ 50% 40% 30% 20% 10% 0% White Hispanic Asian African -Am Chart 2 -18 illustrates the proportion of households, by household type, that earn lower incomes in Moorpark. Approximately one -fifth of large households earn lower incomes. Moreover, over half of the large renter households earn lower incomes. Of large renter households, over 90% of those earning very low incomes were Hispanic. Though many elderly households in Moorpark also had lower incomes, this is presumably due to their fixed incomes. Because most seniors in Moorpark have already paid for their own homes and have a smaller household size, they are less vulnerable to overpayment and overcrowding than other groups. Chart 2 -18: Lower Income Households Household Type I VM Low o Income (0-50%) Other Low (51-80 /o) Total Lower Income Seniors (62 and over) 37% 15% 52% Small Related (2 -4 persons) 5% 4% 9% Large Related (5+ ) 12% 10% 22% All Other Households 9% 7% 16% Total 9% 7% 16% Source: Comprehensive Housing Affordability Study, 1990. City of Moorpark 2 -18 Housing Element HOUSING NEEDS ASSESSMENT Overcrowding. An important measure of quality of life is the extent of overcrowding in a community. Planning areas with high levels of overcrowding are often associated with a relatively higher level of noise, deterioration of homes, and a shortage of on -site parking. Therefore, maintaining a reasonable level of occupancy and alleviating overcrowded housing conditions is an important contributor to quality of life. Overcrowding occurs when housing costs are so high relative to income that families double -up to save income to afford necessities of life. As shown in Chart 2 -19, the overcrowding rate in Moorpark is 19% for renters and 7% for owners. This is similar to Ventura County because although Moorpark has a higher income level than the County, the sales prices for single family homes also exceed the County average. Therefore, housing overcrowding rates are similar in both jurisdictions. Chart 2 -19: Overcrowding Rate 25% ❑ Ow ners 20% ■ Renters 15% 10% 5% 0% Nborpark County Overcrowding rates vary significantly by income, type, and household (Chart 2 -20). Renter households have the highest total level of overcrowding at 18 %. This level of overcrowding is over three times that of owners due to their lower incomes. Regardless of income level or tenure, overcrowding is concentrated in large families, where 46% of renters and 22% of homeowners live in overcrowded conditions. In Moorpark, over half the low income, large households experienced overcrowding — due to the limited affordable and suitably sized housing that is available to them. Overcrowding tends to disproportionately affect Hispanics, who have the highest prevalence of large, lower income families. Moreover, the highest prevalence of overcrowding is located within the older Downtown portion of the community. Chart 2 -20: Household Overcrowding Profile Family Type All Hhlds Owner Hhlds Renter Hhlds Lower Income Total 7% 5% 18% 17% Elderly (older than age 62) 0% 0% 0% 0% Small Families (2-4 persons) 2% 1 % 8% 10% Large Families (5 or more) 29% 22% 46% 51% Others 2% 1 % 6% 0% Source: Comprehensive Housing Affordability Strategy, 1990. City of Moorpark 2 -19 Housing Element HOUSING NEEDS ASSESSMENT Overpayment. Housing overpayment occurs when housing costs increase much faster than income. As in other communities in California, housing overpayment is not uncommon in Moorpark. However, to the extent that overpayment is disproportionately concentrated among the most vulnerable members of Moorpark, maintaining a reasonable level of housing cost burden is an important contributor to quality of life. Chart 2 -21 shows that housing All overpayment differs among residents of 60% Moorpark and that of Ventura County. Total According to the 1990 Census, the 50% County and Moorpark have identical 77% overpayment rates for rental housing. 40% However, there is a large difference with 30% respect to owner overpayment. Among Small Families owner - occupied housing, 35% County 20% homeowners and 49% of the City's 92% homeowners overpay for housing. 1 ° °% ° Unlike many communities, overpayment 0% is more by choice in Moorpark. Others Chart 2 -21: Overpayment Rate Nborpark County Of particular note, housing overpayment is most prevalent among upper income owner households. Currently, nearly 2 /3rds of the all households overpaying for housing in Moorpark earn well above the County's median family income. This is because some families intentionally choose to pay more for their housing when moving up into larger homes. Because of their relatively higher income, these families still have more disposable income despite higher cost burdens. Though housing overpayment affects many households in Moorpark, lower income households are disproportionately impacted. For instance, over 90% of the community's small, lower income households and 80% of large, lower income households face overpayment problems and more than half these groups faced severe overpayment (e.g., paying more than half of their income on housing). Therefore, overpayment is particularly severe for certain groups of residents. Chart 2 -22: Househmld Overpayment Profile Family Type All Owners Renters Lower Income Total 48% 49% 45% 77% Elderly 40% 40% 43% 54% Small Families 48% 47% 50% 92% Large Families 50% 53% 42% 80% Others 50% 56% 37% 72% Source: Comprehensive Housing Affordability Strategy, 1990. City of Moorpark 2 -20 Housing Element HOUSING NEEDS ASSESSMENT 2. Future Housing Need Future housing need refers to the share of the region's housing need that has been allocated to a community. In brief, SCAG calculates future housing need based upon their household growth forecast, plus a certain amount of units needed to account for normal and appropriate level of vacancies and the replacement of units that are normally lost to conversion or demolition. The Ventura Council of Governments (VCOG) served as a delegate agency in assisting these efforts. In allocating the he region's future housing needs to jurisdictions, SCAG is required to consider planning considerations pursuant to Section 65584 of the Government Code. These planning considerations are as follows: ❑ Market demand for housing ❑ Employment opportunities ❑ Availability of suitable sites and public facilities ❑ Commuting patterns ❑ Type and tenure of housing Li Loss of units in assisted housing developments ❑ Over - concentration of lower income households ❑ Geological and topographical constraints In 1999, SCAG developed its Regional Housing Needs Assessment (RHNA) based upon population, employment and household forecasts contained in the regional transportation plan from 1998 -2005. SCAG then makes an adjustment to allow for a certain number of vacant units to ensure adequate mobility and to replace units lost to demolition, conversion, or natural disaster. Finally, SCAG then makes a determination as to the number of units to be affordable to different income groups. Chart 2 -23 describes Moorpark's share of the region's future housing; its total allocation of 1,255 units and the relative breakdown by affordability level. Approximately 33% of the RHNA must be affordable to lower income households. Chart 2 -23: Moorpark's RHNA Allocation Income Group % of County MFI Income Threshold Housing Units Percentage of Units Very Low 00 -50 % <$34,250 269 21% Low 51 -80% <$50,200 155 12% Moderate 81 -120% <$82,200 383 31% Upper 120 %+ Above 448 36% Total 1,255 100% Source: Ventura Council of Governments, May 2, 2000. City of Moorpark 2 -21 Housing Element HOUSING NEEDS ASSESSMENT E. Assisted Housing At -Risk of Conversion Existing housing that receives governmental assistance is often a significant source of affordable housing in many communities. Because of its significance, this section identifies publicly assisted rental housing in Moorpark, evaluates the potential to convert to market rates between 2000 and 2010, and analyzes the cost to preserve those units. Resources for preservation /replacement are described in Chapter 4 of the Element and housing programs to address preservation of these units are described in Chapter 5. 1. Assisted Housing Inventory Two government- assisted rental housing projects are located in Moorpark; however, neither project is at -risk of conversion to market -rate (Chart 2 -24). Tafoya Terrance, a 30 -unit public housing complex operated by the Ventura County Housing Authority, provides affordable rental housing for lower- income seniors. The Archstone Le Club apartment complex has a total of 370 rental units, of which 74 units are reserved for lower income households. The project was funded through multi- family housing bonds that were originally issued by the City of Moorpark. The bonds were purchased by the California Statewide Community Development Authority and have been refinanced. The bonds are not set to expire until 2029. Chart 2 -24: 1 ventory of Assisted Units Project Name Affordable Units Total Units Unit Mix (Bdrms) Funding Source(s) Expiration of Affordability Tafoya Ventura County Terrace 30 30 301 -br Housing - -- Authority Archstone Le 74 312 2 -br Mortgage 2029 Club 3 -br Revenue Bond Source: Ventura County Housing Authority, 2000; California Debt Advisory Commission, 2000. Although none of the projects are set o expire within the 2000 to 2010 planning period, the City has set forth a quantified objective to ensure that these units will remain affordable for the longest period of time. The Housing Plan describes the City's program for ensuring these units remain affordable to their targeted clients. City of Moorpark 2 -22 Housing Element HOUSING CONSTRAINTS 3. HOUSING CONSTRAINTS The provision of adequate and affordable housing opportunities is an important goal of Moorpark. However, a variety of factors can encourage or constrain the development, maintenance, and improvement of the City's housing stock. These include government codes, market mechanisms, and physical and environmental constraints. This section addresses potential market, governmental, and environmental constraints. A. Market Constraints Land costs, construction costs, and market financing contribute to the cost of housing and can potentially hinder the production of housing. Although many of these potential constraints are driven by market conditions, jurisdictions have some leverage in instituting policies and programs to addressing these issues. This section analyzes these constraints as well as the activities that a jurisdiction can undertake. Later sections of this Element contain policies and programs to address constraints. 1. Development Costs The costs of developing housing varies widely according to the type of home, with multi - family housing generally less costly to construct than single family homes. However, there is wide variation within each construction type depending on the size of unit and the number and quality of amenities provided, such as fireplaces, swimming pools, and interior fixtures among others. Land costs may vary depending on whether the site is vacant or has an existing use that must be removed. According to the Construction Industry Research Board, the construction cost for a typical new, single - family dwelling increased significantly in the past decade, averaging $60 to $90 per square foot in 1999. Custom homes cost in the higher range, while tract homes cost in the lower range. The average construction cost for multi - family construction varies from $50 to $85 per square foot, with underground parking or other amenities increasing the cost of multifamily housing considerably. Land typically is the largest cost component in the construction of new housing. The cost of unimproved land ranges significantly, depending upon whether the site is located in the hillsides, the valley floor, or the historic or central downtown area. Dataguick cost estimates for unimproved land are $5 per square foot for CPD zoned land for multifamily development, up to $3 per square foot for RE -zoned land in the hillsides, and up to $6 per square foot for R -1 zoned land in the downtown area Land costs include raw land and the costs associated with site preparation. In Moorpark land improvement costs may entail such additional measures as grading, recompaction, and any other mitigation of existing geologic conditions particularly if the site is located on a hillside. Land improvement costs could also include site preparation costs to protect the site from the many environmental constraints. Section C of this chapter contains a thorough discussion of these constraints. City of Moorpark 3 -1 Housing Element HOUSING CONSTRAINTS Home Financing The availability of financing affects a person's ability to purchase or improve a home. Home owners looking for opportunities to improve their home must consider the interest rate (variable or fixed), the type of lender (conventional or government), as well as their overall return on investment. Therefore, the availability of financing affects a homeowner or landlord's decision to make investments in their housing. Availability of Financing One measure of availability of financing can be found from analyzing lending data. Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications for home purchases and improvements. Chart 3 -1 shows the percentage of loans that were "approved," "denied," and "other" loans that were withdrawn by the applicant or were incomplete. Home Purchase Loans. During 1998, 988 households applied for market -rate conventional home purchase (mortgage) loans in Moorpark. Conventional home purchase loans from private institutions accounted for over 90% of all home purchase loans (Chart 3 -1). Origination rates varied according to household income, increasing from approximately 70% for lower income households, to 72% for moderate - income to 77% for upper income households. Chart 3 -1: Disposition of Home Loans Applicant Income Home Purchase Loans: Conventional Total Originated' Denied Other2 Lower 156 70% 16% 14% Moderate 277 72% 10% 18% Upper 510 77% 9% 14% N.A. 45 42% 11% 47% Total 988 73% 11% 16% Applicant Income Home Improvement Loans: Conventional Total Originated' Denied Other' Lower ,13 38% 38% 24% Moderate 26 42% 38% 20% Upper 57 65% 26% 9% N.A. 4 75% 25% 0% Total 100 56% 30% 14% Source: Home Mortgage Disclosure Act (HMDA) data, 1998 City of Moorpark 3 -2 Housing Element HOUSING CONSTRAINTS Home Improvement Loans: Compared to mortgage loans, there were far fewer applications for home improvement loans, as is typically the case in most jurisdictions. Of the 117 applications, 100 were conventional home improvement loans, while 17 were government- assisted loans. The overall origination rate for conventional home improvement loans was 56 %, as shown in Chart 3 -1. Comparison to Ventura County. In comparison to Ventura County, Moorpark has a higher percentage of originated loans and a lower rate of denials. For conventional home loans, the origination rate was 73% in Moorpark versus 69% in the County. Similarly, the origination rate for conventional home improvement loans was higher and the denial rate lower in Moorpark. In addition, the County had a higher percentage of loans in the "other" category, which includes applications withdrawn, files closed due to incompleteness, or applications approved but not accepted. Chart 3 -2: Loan Disposition: Moorpark and Ventura County Loan Dispostion Jurisdiction Home Purchase Home Improvement City 73% 56% Originated County 69% 54% City 11% 30% Denied County ........ 11% 27% ..... _ City 16% 14% Other County 20% 19% Source: Home Mortgage Disclosure Act (HMDA) data, 1998. Interest Rates Interest rates can also impact the ability to construct, purchase or improve a home. For instance, consider the median home price in Moorpark was $253,500 in 1999. Also assume a 10% down payment, 30 -year mortgage, and standard deductions for utilities, property taxes, and home insurance. If the interest rate varies from 8% to 10 %, the annual income needed to qualify for a loan varies from $78,000 to $91,000. Although interest rates are beyond local control, cities can provide downpayment assistance to make homes mere affordable to low and moderate income households. City of Moorpark 3 -3 Housing Element HOUSING CONSTRAINTS B. Government Constraints Local policies and regulations can impact the price and availability of housing and in particular, the provision of affordable housing. Land use controls, site improvement requirements, fees and exactions, permit processing procedures, and other issues may represent potential constraints to the maintenance, development and improvement of housing. This section discusses potential governmental constraints in Moorpark. 1. Land Use Controls The Land Use Element of Moorpark's General Plan sets forth policies for guiding local development. These policies, together with existing zoning regulations, establish the amount of land to be allocated for different uses. In Moorpark, over 54% of the acreage within the City are designated for residential use, with an additional 11 % of the acreage designated as specific plan areas. Chart 3 -3 below details the maior land use categories and types of homes permitted. Consistent with the topography and character of Moorpark, the Zoning Code allows a range of uses in different residential settings, from open space and agricultural uses, to more rural settings, to urban residential settings in the downtown area. Chart 3 -3: Residential Land Use Categories General Plan Land Use Zoning Designation Purposes.of Zone and Permitted Category Residential Types) Open Space Space en S O -S Open p ( ) Single- family detached homes within a large open space area. and Agricultural Exclusive (A -E) Single- family detached home within Agricultural a large agricultural area Rural- Agricultural (R -A) Single- family homes on 1 acre lots designed to maintain rural setting Rural Exclusive (R -E) Single- family homes on smaller lots Rural Residential designed to maintain rural setting Single - Family Estate (R -O) Single- family homes or cluster developments in rural setting. Single-Family Res. (R -1) Attached and detached single - single- family homes in subdivision setting Two - Family Res. (R -2) Single family detached units, two Urban Residential units, or one duplex per lot Residential Planned Attached and detached single - Development (RPD) family and multi - family units Source: Land Use Element, 1992; Moorpark Zoning Code, 1998 City of Moorpark 3 -4 Housing Element HOUSING CONSTRAINTS Specific Plan Areas Moorpark has three Specific Plans areas: Hitch Ranch (SP -1), Moorpark Highlands (SP -2), and the Downtown Specific Plan. These Specific Plans have been designated to comprehensively address a variety of unique land uses (e.g. topography, viewshed, and circulation) and provide focused planning and development standards tailored to the unique characteristics or purpose of a particular area. Chart 3 -4 identifies the residential land uses for each Specific Plan. Hitch Ranch Specific Plan: The Hitch Ranch Specific Plan (SP -1), in the northwest quadrant of the City, consists of 404 acres, of which over half of the acreage is planned for 415 to 620 residential units. The project contains four single - family residential development areas, with lots ranging from 4,000 to 7,000 square feet and an area for estate lots. The Specific Plan includes an affordable housing component consisting of a very high- density residential area of 11 acres with 100 housing units. This project entered into the planning and environmental stage as of 2000. Moorpark Highlands Specific Plan: The Moorpark Highlands Specific Plan, located in the northern part of Moorpark, consists of 445 acres. Of the total acreage, 35% is designated for residential use. Approximately 570 single - family homes will be built in this Specific Plan area and 25 of those will be affordable to very low, low and moderate income households for a period of 30 years. The Specific Plan has been approved by the City Council and development implementation is underway. Downtown Specific Plan: The Downtown Specific Plan contains High Street, Old Town, several residential neighborhoods, and the downtown commercial area. Within this area, residential zones permits up to 6 dwelling units per acre, while the Residential Planned Development zone permits up to 20 units per acre under land consolidation criteria. Housing development that has occurred in the Downtown Specific Plan over the past number of years has consisted of infill housing projects, including single - family residential, duplexes, and one senior housing project. Chart 3-4: Specific Plan Residential Land Use Summary General Plan Designation Hitch Ranch Moorpark Highlands Units Acres Units Acres Low Density C; 0 0 0 Medium Low Density 90 71 37 28 Medium Density 362 105 335 104 High Density 53 15 96 16 Very High Density 100 11 102 9 Total 605 202 570 157 Status Planned Approved _i Sources: Hitch Ranch, Specific Plan No. 1, 1999 Moorpark Highlands Specific Plan 1999 City of Moorpark 3 -5 Housing Element HOUSING CONSTRAINTS 2. Residential Development Standards (REVISED) Moorpark regulates the type, location, density, and scale of residential development primarily through the Zoning Code. Zoning regulations are designed to protect and promote the health, safety, and general welfare of residents as well as implement the policies of the City's General Plan. The Zoning Code also serves to preserve the character and integrity of existing neighborhoods. Chart 3 -5 below summarizes the most pertinent development standards of the non - Specific Plan areas of Moorpark. Chart 3 -5: Residential Development Standards Development Standard Agricultural O -S I AE General Plan Land Use Category Rural Residential I Urban Residential R -A R -O R -E I R -1 R -2 R -P -D* Building Standards Density Range (du /ac) 1/4 1/10 1 1 -2 3 -4 4 -6 7 -12 12 -15(' Min. Unit Size n/a n/a n/a nla n/a n/a n/a n/a Max. Height 25' 25' 25' 25' 25' 25' 25' 35' Lot Standards Min. Lot Size (Acres) 40 10 1 1/2 1/4 1/6 1/14 (1) Max. Lot coverage nia nia n/a n/a n/a n/a n/a n/a Lot Dimensions n/a n/a n/a nia n/a n/a n/a n/a Building Setbacks Min. Front yard 20' 20' 20' 20' 20' 20' 20' 20' Min. Side yard 10' 10' 5' 5' Min. Rear yard 15' 15' 15' 15' ...... 15' .._......... 15' 15' ........._.. 20' Park Standards Local Standard 5 acres /per 1.000 people or 120% of appraised value of land . .. _ _ .... 0.018 acres per dwelling ............... unit ........_... ..._._._ ........ .. __. _ . _ .. _ ..... ..... Single Family Unit Multi - Family Unit 0.100 acres per dwelling unit Parking Standards ............................. Single Family 2 Covered s aces in a garage Multi- Family Units 2 Covered spaces/unit one in garage) + ', /2 s ace /unit for quests 2 Covered spaces /unit + i4 space /unit for guest pgLking ................ .............. ............................... ......... Mobile Homes Source: City of Moorpark Zoning Code, 1998. * RPD permit required for any development that creates five or more separate residential lots in the R -A, R -E, R -O, R -1, and R -2 zones. 1. Density can be approved up to 30 units per acre per RPD permit. City of Moorpark 3 -6 Housing Element HOUSING CONSTRAINTS Facilitating Affordability (REVISED) Moorpark employs a variety of tools that facilitate and encourage the development of affordable housing for all economic segments of the population. The two primary tools are the density bonus program and the inclusionary /in -lieu fee program. These programs can be used alone or in combination to facilitate the construction of affordable housing units for very low, low, or moderate income households. ■ Density Bonuses: Moorpark has adopted the State Density Bonus Ordinance provided for by State law. Under this program, an increase of 25% over the maximum density of the basic zone is available for qualified affordable and /or senior housing. The City offers specific incentives tailored for where the project is sited. These include the following: • Citywide. The City offers a standard 25% density bonus citywide, with an additional reduction in residential site development standards not to exceed 20 %, and reduced architectural design standards for affordable projects. • Downtown. In the downtown, where density is restricted to 7 units per acre, a progressive density bonus program of up to 100% is granted for merging lots from 7,000 square feet up to 28,000 square feet. • Hillsides: The Hillside Management Ordinance also allows for density transfers and clusterinq of units in slope areas which exceed 20% grade in order to compensate for land which is not developable. Inclusionary Requirements: Development agreements are an important way to encourage a variety of housing types which are affordable to all economic segments of the community. The City requires 15% of units constructed in redevelopment areas to be affordable to lower- income households and has a 10% goal for all other areas. If a developer cannot meet all of the affordable housing requirements, the developer is charged in lieu fees. As an example, the 312 -unit Archstone complex was required to build 62 lower income units (including 25 very low- income units). Pacific Communities was required to provide 22 low income units, but chose to pay $900,000 in fees to cover their very low- income requirement. Over the 2000 -2005 period, the City should accrue $4 to $5 million in in -lieu fees. The use of funds for new construction or rehabilitation are set forth in Chapter 5 of this Housing Element. Combination: Oftentimes. densitv bonus provisions can be an effective means to use, in conjunction with inclusionary requirements, to facilitate affordable housing development. In order to ensure the provision of affordable housing, the City of Moorpark regularly grants density increases for projects that are required to provide inclusionary units or pay in -lieu fees. The Archstone project mentioned above was granted higher densities above the standard 14 units per acre. This provides the developer with additional rental income on other units to subsidize the cost of providing more affordable units elsewhere in the project. City of Moorpark 3 -7 Housing Element HOUSING CONSTRAINTS I Provisions for a Variety of Housing Types (REVISED) Housing element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of housing for all economic segments of the population. Housing types include standard single - family and multi - family housing opportunities, factory-built housing, mobile homes as well as housing to meet special housing needs associated with shelters, transitional housing, and farm labor housing. Moorpark permits all types of housing required by State law pursuant to different levels of review. Zone clearance and administrative permits require only the approval of the Director of Community Development. Conditional use permits requires a public hearing and clearance by the Planning Commission. RPD clearance requires Planning Commission or City Council approval as noted below in Chart 3 -6. Each of these permits are described under subsection 4, "Development Permit Procedures.' Chart 3 -6: Housing Types Permitted in Residential Zones Residential Uses O -S A -E Rural Residential Urban Residential R -A R -O R -E R -1 R -2 R -P -D Residential Uses Single- family zc zc zc zc zc zc rpd* Duplexes /Tri /Quad zc rpd* Multi- family rpd* Mobile Homes cup* cup* cup* cup* cup* cup* cup* Second Units ap ap ap ap ap ap ap Group Housing Boarding house cup cup* cup* cup* cup* Transitional Housing cup* cup* cup* cup* cup* Emergency Shelters cup* cup* cup* cup* cup* Farm Labor Housing cup* cup* Special Need Housing Affordable or Senior rpd ** rpd ** rpd ** Small LCF (6 of less) zc zc zc zc zc zc rpd ** Large LCF (over 6) cup* cup* cup* cup* cup* Source: City of Moorpark Zoning Code, 1998. Notes: " Planning Commission Approved; `k City Council Approved ZC: zoning clearance; CUP: conditional use permit; and AP: administrative permit City of Moorpark 3 -8 Housing Element HOUSING CONSTRAINTS Residential Uses Other than Single - Family Homes In addition to single - family housing opportunities, the City of Moorpark also offers a range of housing opportunities available to all economic segments of the community. In particular, housing opportunities are available to persons earning lower incomes, seniors, disabled persons, and other more vulnerable members of the community. Multi - Family Housing: Moorpark's Zoning Code provides for multi - family housing in R -2 zones, and Residential Planned Development zones, which allow up to a density of 30 dwelling units per acre (assuming a density bonus and additional incentives). The provision of multi - family housing in Residential Planned Development zones facilitates the availability of lower cost housing opportunities. Second Units: Second units are allowed in all residential zoned lots that are a quarter acre or larger in size, pursuant to an administrative permit from the City. However, the second unit must meet the minimum and setbacks, lot coverage, height restrictions, and other development standards for the primary residence unit. Since 1998, six second units have been approved in Moorpark. Mobile Homes: Moorpark has 305 mobile homes within the community. Mobile homes are permitted in all residential zones subject to a conditional use permit (CUP) from the City Planning Commission. The Mobilehome Park Rent Stabilization Program limits space rent increases and the Hardship Waiver Program provides a waiver for tenants if a space rent increase results in economic hardship. Farmworker Housing: Farmworker housing is permitted, subject to a conditional use permit, in the following five zone districts: Open Space, Agricultural Exclusive, Rural Agricultural, Industrial Park, and Limited Industrial zones. In 1990, the City provided mortgage assistance and reduced development fees for Villa Campesina, a 62 -unit, sweat equity project for local farmworkers and other lower income residents. Residential Care Facilities: Moorpark complies with the Lanterman Developmental Disabilities Services Act by allowing, by right, State - authorized, certified, or licensed family care homes, foster homes, or group homes serving six or fewer persons in all residential zones. Facilities serving serve seven or more people are permitted in all residential zones, subject to a conditional use permit from the Planning Commission. Homeless Shelters and f Transitional Housing: Emergency shelters and transitional housing are part of the Ventura County regional continuum of care to address the needs of the homeless population. The Moorpark Zoning Code treats emergency homeless shelters and transitional housing as boarding homes and permits them in most residential zone districts, subject to an approved CUP. City of Moorpark 3 -9 Housing Element HOUSING CONSTRAINTS 4. Development Review Process. N( EW) As discussed earlier. the City utilizes a four tiered approach to approving development applications. As described earlier in Subsection 3, these include the zone clearance, the administrative permit, the conditional use permit, and the planned development permit. Each level of review has different hearing bodies, including the director of community development, the planning commission, or the city council as deemed appropriate. Zone Clearance: The zone clearance is applied to proiects that are allowed as a matter of right. The zone clearance is used to ensure that the proposed development is consistent with the General Plan land use designation and meets all applicable requirements of the City's zoning code, including design and site review. The zone clearance is a ministerial permit granted by the director of community development without a public hearing. Administrative Permit. Some projects may require an administrative permit, such as second unit developments. These developments typically require a greater level of review because the unit must also be compatible with adjacent uses and require a greater level of zoning review. The administrative zone clearance is granted by the director of community development or designee. Chart 3 -7: Development Review Process Project Submittal Zone Admin. Planned or Clearance Permit Conditional Development Design Design Design Review Review Review No Public Office Public Hearing Hearing Hearing 2 -3 days 1 month 3 -6 months Source: City of Moorpark, 2001. Conditional Use Permit. A conditional use permit is reauired prior to the initiation of particular uses not allowed by right. Development projects are subiect to meet site design review. The applicant for such a use shall be approved or denied through a public hearing process before the applicable decision - making authority, which is either the Planning Commission or the City Council. For residential developments, the appropriate hearing body is the Planning Commission. f Planned Development Permit. Planned development permits may be aranted throuah the planning commission or city council. Generally, the applicant must demonstrate that the project is (1) consistent with the intent and provisions of the general plan and zoning code, (2) compatible with the character of surrounding development, (3) would not be obnoxious, harmful, or impair the utility of neighboring property or use, and (4) would not be detrimental to the public interest, health, safety, welfare, or convenience. Development projects are also subject to meet site design review. The total timeframe for the process, including design review and public hearing, ranges from 3 to 6 months. City of Moorpark 3 -10 Housing Element HOUSING CONSTRAINTS Development Review Timeframes Development permit procedures are designed to ensure that residential development proceeds in an orderly manner so as to ensure the public's health, safety, comfort, convenience, and general welfare. However, the City can encourage housing investment by streamlining the time and uncertainty involved in the development review process. This section outlines the permit procedures in Moorpark. State law requires that communities work toward improving the efficiency of their building permit and review processes by providing "one- stop" processing, thereby eliminating the unnecessary duplication of effort. The Permit Streamlining Act helped reduce governmental delays by limiting permit processing time to one year and requiring agencies to specify the information needed for an acceptable application. Chart 3 -8 summarizes the approximate time frame reviewing projects from pre - application development review phase through a general plan amendment, environmental review, and through public hearings if necessary. Chart 3 -8: Development Review Time Frames Permits & Review Time Frame Timeframe Reason for Difference Pre - Application Develop. Review 1 to 4 mos. Complexity; special study needs Variance 2 to 6 mos. Complexity; level of review Zone Clearance 2 — 3 days Scale of project General Plan Amend. 3 — 12 mos. Complexity; level of review Administrative Permit 1 month Completeness of Application Planned Development 3 to 6 mos. Scale of project/Completeness Subdivision Tract Map 6 —12 mos. Environmental /design issues Conditional Use Permit 6 -9 mos. Scale of project; environmental Environmental Review 6 -12 mos. Scale — complexity of project Public Hearing 7 -24 mos. I Complexity of project Source: City of Moorpark, August 2000. The timeframe for reviewing and approving permit applications, Zone changes, variances, conditional use permits, and other discretionary approvals varies on a case -by -case basis. Developments in Moorpark typically range from a single home, to a large scale project (100 homes), to even larger Specific Plan projects. The time frame needed to review projects depends on the location, potential environmental constraints, the need to ensure adequate provision of infrastructure and public facilities, and the overall impact of large -scale developments on the community. City of Moorpark 3 -11 Housing Element HOUSING CONSTRAINTS 5. Design Review and RPD Process NEW Design review is generally required for all new construction, exterior modifications and substantial remodels of residential projects. Design review covers, among other items, the overall design of the project, its consistency with applicable development codes and standards governing the project or zone, the consistency of the project with development in the immediate neighborhood, and its overall consistency with the guidelines and standards of any applicable Specific Plan. The Residential Planned Development Permit (RPD) is also typically required for projects which create five or more lots. The RPD is designed to encourage lower housing costs, a variety and innovation in site design, density and housing unit options such as affordable and senior units; coordinated neighborhood design, and an efficient use of land through clustering of dwelling units. To secure an RPD. the applicant must demonstrate that the proposed development: -- Is consistent with the intent and provisions of the city's general plan and title; -- Is compatible with the character of surrounding development; -- Would not be obnoxious or harmful, or impair the utility of neighboring property; -- Would not be detrimental to the public interest, health, safety, welfare... and -- Is compatible with the scale, visual character and design of surrounding properties. The City's design review process and RPD process begins with a joint submittal of an application to the Department of Community Development. City staff review the application to make sure it is complete, and prepare a written report assessing the overall design and its consistency with City development codes and standards. Depending upon the type of application submitted (e.g., administrative use, planned development, or conditional use permit), the project is considered for approval by the Community Development Director, the Planning Commission, or the City Council. Impact on Housing Costs: The RPD process has resulted, at times, in lower densities for single- family projects located in the hillsides. Hillside areas require special measures to ensure that environmental concerns (particularly habitat conservation, geologic or topographic constraints) are adequately addressed. With respect to multi - family developments, however, recent projects with an affordable component have been granted at or above the maximum allowable density of the underlying zone through density incentives. Examples include: ■ Archstone Apartments: 312 units at 19.2 acres = 16.2 du /acre • Urban West Townhomes: 196 units at 11.6 acres = 16.8 du /acre • Westland Townhomes: 175 units at 12.1 acres = 14.1 du /acre Because of the extensive amount of multi - family development, the inclusionary program requirements, and the amount of available commercial land that could be converted to residential uses, the design review and RPD process are not considered to constrain the City's ability to address its RHNA requirements. City of Moorpark 3 -12 Housing Element HOUSING CONSTRAINTS 6. Fees and Exactions Moorpark collects fees and exactions from developments to cover the costs of processing permits and providing the necessary services and infrastructure related to new development. Fees are calculated based on the average cost of processing a particular type of case. Chart 3 -9 is a listing summarizing planning, development, and other fees charged for development. Chart 3 -9: Development Review Fees Type of Fees for Development Services Fees Single- Family Multi - Family Planning Fees Pre Application $880 $880 Residential Planned Development (SF or MF) $2,200 plus $9.55 /unit Tentative Tract Map $2,728 plus $67 per lot or unit Administrative Clearance (Minor Variance) $264 $264 Variance — Existing Single- family Residential $440 $440 Administrative Permit $264 $264 Conditional Use Permit — Residential Uses $1,584 $1,584 Zone Change $2,464 $2,464 Zoning Code Amendment $1,760 $1,760 Development Impact Fees Fire Protection Facilities Fee $233 per unit $171 per unit Police Facilities Fee $677 per unit $677 per unit Calleguas Water District Fee $1,351 per unit $1,001 per unit Water (Waterworks District #1) N/A per unit $635 per unit Flood Control — Land Development Fee $601 per unit $601 per unit Sewer Connection $2,500 per unit $2,000 per unit Library Facilities Fee $461 per unit $298 per unit School Fees $3.59 per sq. ft. $3.59 per sq. ft. N/A = Not applicable Source: City of Moorpark, March 2000. Moorpark's development fees are considered typical for the Ventura County area. The City Council has the authority to reduce or waive local fees on a case -by -case basis. For affordable or senior housing, the City Council at its discretion may award developers with incentives such as the waiving of fees and other concessions that may result in identifiable cost reductions. For the development of Villa Campesina, the City reduced development fees for Cabrillo Economic Development Corporation in order to ensure the project's affordability to lower income households. City of Moorpark 3 -13 Housing Element HOUSING CONSTRAINTS 7. Building Codes and Enforcement (REVISED) A variety of building and safety codes, while adopted for the purposes of preserving public health and safety, and ensuring the construction of safe and decent housing, have the potential to increase the cost of housing construction or maintenance. These include building codes, accessibility standards, specific codes to reduce hazards, and other related ordinances. The following briefly highlight the impact of these standards upon the maintenance and development of housing. Uniform Building Code. Moorpark has adopted the Uniform Building Code, which establishes standards and requires inspections at stages of construction to ensure code compliance. The UBC prescribes minimum insulation requirements reduce noise levels as well as energy efficiency devices. Although these standards increase housing costs and may impact the viability of rehabilitating older properties which must be brought up to current code standards, the intent of the codes is to provide structurally sound, safe, and efficient housing. American Disabilities Act. The City's building code requires new residential construction to comply with the American with Disabilities Act (ADA). ADA requires design standards for buildings consisting of 4 or more units if such buiidinq has an elevator or in ground floor units in other buildings consisting of four or more units. These requirements include the incorporation of (1) adaptive design features for the interior of the unit; (2) accessible public use and common use portions; and (3) sufficiently wider doors to allow wheelchair access. National Pollutant Discharge Elimination System. As of January 1998, all new development in Moorpark, except for developments of four or fewer lots which are zoned to permit only single- family use. must comply with conditions and requirements of the NPDES permit. Prior to issuance of a building permit or any discretionary land use approval or permit, the applicant must submit a storm water pollution prevention and control plan, and implement Best Management Practices in accordance with state and local regulations. Other Building Codes. Because of the unique topographic, geological, and other environmental issues associated with the immediate area, development in Moorpark is subiect to compliance with other building codes and regulations. These codes include the Public Resource Code. Uniform Fire Code and local codes with respect to seismic safety, among other codes. These codes require site modification, improved construction design, or site improvements to mitigate potential hazards described in Subsection C of this chapter. Code Enforcement. The Code Enforcement Division is responsible for enforcing regulations governing maintenance of all buildings and property. The City has two full -time code enforcement officers. One officer focuses in central Moorpark, where much of the older housing stock is located. The Division works in conjunction with the rehabilitation program to identify homes that may benefit from rehabilitation services. To facilitate correction of code violations, the Code Enforcement staff refers property owners to the City's rehabilitation program. City of Moorpark 3 -14 Housing Element HOUSING CONSTRAINTS 8. Infrastructure and Site Improvements (Revised) Adequate infrastructure and site improvement is both an important component of new development. In order for residential development to not adversely impact the City's infrastructure and service system levels, the City has various mechanisms to pay for the additional costs imposed by new development. These fall into two categories: (1) major capital improvements and (2) site specific improvements. Capital improvements. The City has several mechanisms in place to address capital improvement projects needed to facilitate development in the downtown. As discussed later, multi - family developments in the downtown have provided a significant portion of the low -rent rental housing for lower- income households. To provide needed transportation improvements, the City has instituted a Los Angeles Avenue Area of Contribution and appropriate fees to pay for needed improvements. In addition, the Army Corp of Engineers is currently pursuing improvements to the flood channel, "Arroyo Simi." As part of this project, developers are setting aside right of way to complete the project. Until the flood channel improvements are completed, developers must continue to pay for additional site improvements necessary to protect the property from flood damage. The particular site improvements are discussed under Section C, entitled Environmental Constraints. Site Improvements. Site improvements include water, sewer, circulation, and other infrastructure needed to facilitate development. Through development agreements, the City requires fees for off -site extension of the water, sewer and storm drain systems, and requires the developer to construct internal streets, sidewalks, curb, gutter, and affected portions of off - street arterials. The City also requires landscaping along arterials, bikeways and setbacks. New residential construction will occur as infill, where infrastructure is already in place or in specific plan areas, where adequate public services and facilities are required. Requiring developers to construct site improvements and /or pay pro -rata shares toward other infrastructure costs, the provision of public services and utility systems will increase the cost of housing. While these impact affordability, these improvements are necessary to maintain quality of life desired by City residents, and are consistent with the City's adopted General Plan goals to ensure that public services and facilities are in place at the time of need. However, the City may, in some cases, waive development fees to ensure that the cost of site improvements do not unduly constrain the production and availability of new affordable housing. Taken together, the City of Moorpark has provisions in place to ensure that adequate regional and site specific infrastructure, services, and public facilities will be in place to allow development of housing commensurate with its regional housing need share. Through a combination of developer agreements, fees, and site improvements, infrastructure improvements have and continue to be properly addressed. City of Moorpark 3 -15 Housing Element HOUSING CONSTRAINTS 9. Growth Management Growth management has long been a concern in Ventura County. In 1999, the City adopted the "SOAR" Initiative, the Save Open Space and Agricultural Resources. This Initiative originated from public concern that rapid urban encroachment over the past decade was threatening agricultural, open space, watershed, sensitive wetlands, and riparian areas vital to Ventura County. Voters thus passed an initiative to direct future population growth into incorporated areas where infrastructure is in place. This initiative amended the General Plan as of January 1998. Until December 31, 2020, the City shall restrict urbanized uses to within the urban restriction boundary (CURB), which is generally coterminous with the City's Sphere of Influence. The City Council cannot grant or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, special use permit, building permit or other ministerial or discretionary entitlement inconsistent with the General Plan and CURB line established by the SOAR Initiative. Generally, the City Council may not amend the CURB, without voter approval, unless specific procedures and purposes are followed. If for any reason, sufficient land resources are not available to address the RHNA, the SOAR Initiative still allows the City of Moorpark to satisfy its 1998 -2005 RHNA. This is because pursuant to the SOAR Initiative, the City Council is expressly authorized to amend the CURB line to comply with state law regarding the provision of housing for all economic segments of the community. Thus, the City Council may amend the CURB, provided that no more than 20 acres is brought within the CURB for this purpose annually. Prior to this, the Council must make the following findings: ➢ the land is immediately adjacent to existing compatibly developed areas and that adequate services have or will be provided for such development; ➢ the proposed development will address the highest priority need identified (e.g., the provision of lower income housing to satisfy the RHNA); and ➢ there is no existing residentially land available within the CURB and it is not reasonably feasible to redesignate land within the CURB for such purposes. The SOAR Initiative is not expected to prevent the City of Moorpark from meeting its RHNA requirements pursuant to State law. This is because of the following: (1) the City has a large reserve of vacant land within its corporate limits; (2) the City makes wide use of development agreements to require inclusionary units or in -lieu fees; and (3) the SOAR has specific amendment procedures to accommodate the lower - income affordability goals of the RHNA. Therefore, SOAR will not deter the City from satisfying its obligations for affordable housing required by the 1998 -2005 RHNA. City of Moorpark 3 -16 Housing Element HOUSING CONSTRAINTS C. Environmental Constraints Environmental constraints related to seismic activity, geology /topographical, flooding potential, or other environmental issues can impact the cost associated with the maintenance, improvement, and development of housing. This section briefly outlines these constraints. A more detailed discussion is included in the City's Safety Element. This section summarizes and analyzes the most pertinent environmental constraints. 1. Fire Hazard Constraints. Building, wildland, and earthquake - induced fires represent significant fire hazards in Moorpark and its Sphere of Influence (SOI). Fire potential is typically greatest in the months of August, September, and October, when dry vegetation combined with offshore dry Santa Ana winds coexist. Areas within unincorporated Moorpark are classified as High Fire Hazard Areas by the Ventura County Fire District and a potential wildland fire area by the California Department of Forestry and Fire Prevention. Various state and local codes have iurisdiction over regulating fire hazards in a communitv and provide standards for construction and maintenance of homes. • The Public Resources Code requires minimum fire safety standards, including road standards for fire equipment access, signage for streets and buildings, minimum private water reserves, and fuel breaks and greenbelts; • The City's Municipal Code requires developers to use more fire resistant materials in developing homes, including materials for roofing, exterior walls, underfloor areas, architectural proiections and ventilation systems; and • The Uniform Fire Code specifies minimum fire flow standards for residential structures in fire hazard zones while the City Municipal Code requires residential development in fire hazard zones to have a buffer zone of 50 to 100 feet. 2. Seismic Activity. The Moorpark Area is located in one of the more potentially seismically active areas of southern California. The southern part of Moorpark is crossed by the Simi /Santa Rosa Fault and is designated an Alquist - Priolo Fault Zone. The northern portion of the city is crossed by the Oak Ridge fault zone. Other local faults within five miles of the Moorpark Area include the Santa Susana and San Cayetano as well as the San Andreas fault. Altogether, faults with the Moorpark Area are capable of producing earthquakes with magnitudes of six to over seven. Seismic shaking can cause hazards of liquefaction and soil settlement, slope failure, deformation of sidehill fills, ridgetop fissuring and shattering, and seiches among others. Most of the lowlands in the Moorpark area have a high liquefaction and /or settlement potential because of the shallow ground water (within 50 feet of the surface) as well as sites near the base of natural hills. The northern portion of the Moorpark Area of Interest would be most vulnerable to seismically induced slope failure due to the steep terrain and presence of weak sedimentary bedrock units. For development proposed in areas with potential earthquake- induced hazards, special mitigation measures must be taken prior to approval of development permits. As described in the Safety Element, special mitigation measures may include: City of Moorpark 3 -17 Housing Element HOUSING CONSTRAINTS Enhanced project review: Proiects in a State - delineated Seismic Hazard Zone must be evaluated by a certified Engineering Geologist, a Registered Civil Engineer (typically a civil engineer with training in soil engineering), or both. Improved construction design: The City's Building Code may require modified foundation design, drainage devices, improved plywood design or hold down - connectors, modified height to length ratios, etc. to address hazards. Site improvements: Mitigation measures for liquefaction and soil settlement may require removal and recompaction of low density soils, removal of excess ground water, in -situ ground densification, or other measures. 3. Topographical and Geotechnical Constraints. The predominance of steep hillsides and slopes in northern Moorpark present the threat of landslide activity. For instance, landslide activity has been evident in parts of the Gabbert Canyon stream area, a large slide complex south of Arroyo Las Posas, the south flank of Big Mountain, the Arroyo Simi, and Las Posas Hills. Landslides could also impact developments adjacent to the mountain front. Although the occurrence of landslides is relatively infrequent, it nonetheless presents a constraint to development. Moorpark's abundance of hillsides, while constraining the types of development, also provides aesthetic relief to the viewscape from virtually every location in the city. Therefore, the City has enacted a hillside management to preserve the unique topographical features (e.g., grades, ridgelines, prominent landforms, viewsheds), natural drainage patterns, significant riparian areas, and natural open space areas. A hillside area is defined as property containina slope areas of 20% or areater. Proposed residential projects in Moorpark's hillsides must undergo additional project review to ensure that the development and uses are compatible with the topography. For instance, as part of the project approval process, the applicant must submit documents that detail: (1) slope map and analysis, (2) grading plans, (3) visual impact analysis. (4) pedestrian circulation and trails plans, and (5) technical analyses of soils, geology, hydrology, biology, and other unique conditions of the subject area. The City must sign off on all documents to ensure that compliance is achieved. 4. Hydrological Constraints. Flooding is the primary hydrological constraint that affects housing development within the City of Moorpark. As noted in the Safety Element, the Moorpark Area is drained by a system of streams that are part of the Calleguas Creek watershed. Calleguas Creek is locally referred to as the Arroyo Simi. Most of the Little Siry -f Valley along and north of the Arroyo Simi is within the 500 -year floodplain. Floods that impact Moorpark are typically of shorter duration, high peak volumes and high velocity. Damaging floods have occurred in the past along the Calleguas Creek Drainage, which includes the Arroyo Simi. The Ventura County Flood Control District (VCFD) controls the watercourses in the Moorpark Area and regional flood control system. An extensive municipal storm drain network operated by Moorpark serves the urbanized portions of the city. The VCFD has constructed a levee along a segment of the Arroyo Simi and long a segment of the Southern Pacific Railroad. The VCFD also maintains sophisticated flood warning systems in critical flood hazard areas, such as Calleguas Creek. City of Moorpark 3 -18 Housing Element HOUSING CONSTRAINTS Existing flood control structures provide a certain level of protection from uncontrolled flooding, but significant deficiencies in infrastructure still exist. Because of the potential for flood damage, the Moorpark Municipal Code (Section 15.254) sets forth additional flood protection measures which affect the construction of any structure within a special flood hazard zone. These include requirements for the following: (1) enhanced anchoring of the structure; (2) use of construction materials and methods resistant to flood damage; and (3) special elevation of the structure one foot above the 100 year flood plain or appropriate flood proofing. Additionally, Moorpark participates in FEMA's national flood insurance program. Cost Impacts Estimating the cost of complying with City and state building codes, federal and state environmental review laws, and the local permitting process is difficult to estimate. The depth of review, mitigation measures, and the associated cost are often site specific and cannot be estimated until a project is proposed. Furthermore, there is no clear threshold which determines when the additional cost is a constraint. Environmental hazards must be mitigated before development can safely. proceed. Although it is impracticai to specify the cost of mitigating one or more environmental constraints, conversations with knowledgeable developers and government officials have indicated that general cost estimates are as follows: • Flood Insurance: Assuming a new home is elevated one foot above the 100 year flood plain, the cost is $3.50 per 51,000 for the first $50,000 of coverage and $0.80 per $1,000 for additional coverage up to $200,000. Therefore, a residential structure insured for $250,000 would cost 5335 annually. • Hillside Grading: City officials estimate that grading and infrastructure improvements for hillside developments can add up to $100,000 per acre — at least the amount of unimproved land. To mitigate these constraints, the Hillside Management Ordinance allows density transfers for development in slope areas. Seismic Issues: Mitigation of seismic hazards depends upon site conditions, type of construction project proposed, soil composition, and water table level. Based on recent projects, structural reinforcement adds 2 -5% onto construction costs while soil remediation may cost up to approximately $50,000 per acre. Although additional building standards are required to address environmental concerns (e.g., fire, seismic, topographical, and hydrological constraints), these codes do not constrain the ability to facilitate and encourage the production of housing commensurate with the RHNA. As described later in Chapter 4, affordable housing projects are either under review and/or in construction in downtown Moorpark, despite the additional costs associated with environmental constraints. City of Moorpark 3 -19 Housing Element for r Broadway( 7 FairNiew Fault .. 7 •7 r Campus Park Dr. , (23 .._, • •� ' fn Fault �Strhea os �?(n e1�S'A4 / •�►�, c� x,118 '118 51("61 Source: Earth Consultants International — " " —' City Boundary Landslide Constraints Definite or probable landslide Questionable landslide Flooding Constraints Areas within 100 -year flood zone Areas with a less severe risk of flooding (between 100- and 500 -year flood zones, flooding with average depths of less than one foot, contributing drainage area is less than one square mile, and /or protected by levee from the 100 -year flood) North 0 1 2 miles 2 ors' Earthquake Fault Constraints Fault considered active, with the potential for surface rupture Alquist - Priolo Earthquake Fault Zone Boundary Fault, solid where well located, dashed where approximate, dotted where concealed Indicates additional uncertainty Figure 1 Environmental Constraints City of Moorpark 3 -20 Housing Element HOUSING RESOURCES 4. HOUSING RESOURCES This section analyzes the resources available for the development, rehabilitation, and preservation of housing in Moorpark. This includes an evaluation of the availability of land resources, the City's ability to satisfy its share of the region's future housing needs, the financial resources available to support the provision of affordable housing, and the administrative resources available to assist in implementing the City's housing programs. A. RHNA Compliance New State law requires cities to demonstrate that they encourage and facilitate housing production commensurate with their share of the region's future growth from 1998 -2005. The City's assigned share is called the Regional Housing Needs Assessment (RHNA). Therefore, an important component of the Housing Element is the identification of suitable sites to accommodate housing for each affordability level of the RHNA. 1. RHNA Requirement. As discussed in Chapter 2, the Southern California Association of Governments and Ventura Council of Government have assigned a portion of the region's future need for housing to each iurisdiction in Ventura County. Moorpark's share of the region's need is 1,255 new housing units from January 1, 1998 to June 30, 2005. Moorpark's final RHNA allocation was also confirmed and finalized by HCD in December 2000. The City's 1,255 unit housing allocation is divided into four affordability categories — very low income, low income, moderate income, and upper income. To determine the affordability level of new construction. SCAG used the City's income distribution reported in the 1990 Census as a baseline. SCAG "fair share" adjustment was used to ensure that new residential construction in Moorpark was targeted at affordability levels closer to the average household income distribution for the SCAG region. Chart 4 -1 summarizes the City's regional housing needs allocation as determined by SCAG and the Ventura Council of Governments. Chapter 2 provides greater detail on the methodology used to calculate Moorpark's regional housing need allocation. Chart 4 -1: Regional Housing Needs Share for Moorpark Income Category Income Threshold Total Units Very Low Low Income Moderate Upper Income 50% of less of the CMFI 269 155 383 448 1,255 51 % to 80% of the CMFI 81 % to 120% of the CMFI Over 120% of the CMFI Total urce: Southern California Association of Governments. 2001. City of Moorpark 4 -1 Housing Element HOUSING RESOURCES Options for Comaliance State law requires that jurisdictions demonstrate that adequate sites will be made available over the planning period, along with appropriate zoning and development standards, and with services and facilities, including sewage and water services. in order to facilitate and encourage the development of a variety of types of housing for all income levels (Government Code, Section 55583c(1). This includes single - family and multifamily housing, both ownership and rental, as well as special needs housing. To that end, the Housing Element must contain an inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. The goal is to ensure that adequate sites are available to encourage and facilitate a range of ownership, rental, and special needs housing_. Chapter 5 discusses City programs designed to further these housing opportunities. Historically, the Department of Housing and Community Development (HCD) has allowed jurisdictions to count two types of credits toward meeting their RHNA allocation — actual production and potential production. Jurisdictions could count the number of units produced during the planning period toward their RHNA. In addition, an analysis of vacant and underutilized land, along with density standards, could be used to estimate a theoretical holding capacity for new residential dwelling units. In addition to determining development capacity. it is also important to show how City development standards will facilitate and encourage housing that is affordable to different income levels. To determine affordability levels, HCD has historically relied on density standards to infer housing affordability. By increasing density, per unit development costs are reduced and savings are passed down in the form of rents. Thus varying density levels was generally equated with varying affordability levels. In the present round, AB438 has expanded the way that jurisdictions can demonstrate compliance with the RHNA. Cities can now count the rehabilitation of housing, the preservation of affordable units, and the purchase of affordability covenants (among other ways) toward meeting their RHNA. However, the stringent nature of the regulations underpinning AB438 have, for all practical purposes, made this option impractical and too costly for the vast majority of jurisdictions in the SCAG region. The following discussion shows how the City will address its share of housing needs determined by the Ventura Council of Governments and Southern California Association of Governments. Five means will be used to demonstrate compliance: (1) Housing projects approved on residentially -zoned lands (2) Housing production and site conversion potential on commercially -zoned land; (3) Senior housing and second unit development opportunities; (4) Redevelopment potential in the Downtown Specific Plan area; and (5) Use of in -lieu fees collected to support affordable housing purposes. City of Moorpark 4 -2 Housing Element HOUSING RESOURCES Production Capacity on Residential Land Revised To address the RHNA requirement, the City can count (credit) housing units that are built on /or after January 1, 1998 and before June 31, 2005 towards the Regional Housing Needs requirement. According to City building records, Moorpark has approximately 2,500 new residential units that are being built on residential -zoned land or in the pipeline. The majority of single - family homes are being built primarily in the hillside areas, except for a few scattered sites within the older downtown. To determine affordability levels, City staff estimates that homes built in the hillsides or other rural areas are affordable to upper income households due to the cost of construction and larger lot sizes. However, single - family homes built on the smaller lots in the central and older downtown area are generally affordable to moderate - income households, particularly given the higher household income levels. Affordable units for lower- income households are provided for pursuant to the City's inclusionary program. Chart 4 -2 details the major residential development projects ongoing in Moorpark. Chart 4 -2: Housing Projects on Residential Zoned Land Zone: Development. Acres Affordability of Units V. Low Low Mod Upper Total Approved Projects RPD Carlsberg 323 -0- -0- -0- 552 552 RPD -15u Cabrillo EDC 7 4 11 44 -0- 59 RPD -12u Far West 9 51 7 67 -0- 79 CPD Pacific 7 -0- -0- -0- 37 37 R -1 Asadurian 1.2 -0- 1 7 -0- 8 RE Peach Hill 2 -0- -0- -0- 10 10 SP -2 Specific Plan 2 445 ' 25 102 435 562 RPD -1.6u Toll Brothers 399 -0- -0- -0- 216 216 Pending Affordability AE Hitch Ranch (3) 202 100 -0- 505 605 RE -5ac Suncal(3) 72 10 -0- 97 107 RE -5ac Westpointe(3) 349 25 -0- 225 250 Additional Sites 0 0 0 0 0 Summary Status V. Low Low Mod Upper Total Approved 90) 44 220 1,250(2) 1,523 Pending 135 -0- 827 962 Sites -0- -0- -0- -0- Total 188 220 2,077 2,485 Source: City of Moorpark, January 2001. 1. In -lieu fees paid rather than construct on -site units. 2. Affordability of single family units based upon lot size 3. Project affordability under negotiation City of Moorpark 4 -3 Housing Element HOUSING RESOURCES Production Capacity on Commercial Land New Moorpark, like other Ventura County communities, is in the midst of a building boom. Fueled by high demand for housing, property owners of commercial land have radually sold their land to residential developers who later propose general plan amendments to convert the commercial land to higher density residential uses. Since 1998, several commercial parcels have been rezoned from CPD (Commercial Planned Development) to permit residential purposes. These include: ■ Pacific Communities is a 284 -unit single - family development built on 35 acres • Archstone apartment project is a 312 -unit complex built on an 18 -acre site. • LT Development is proposing a 164 -unit project with General Plan Amendment • Pending multi - family project with 101 units built on 7 acre site Given the high demand for housing, the City expects that the conversion of commercial land to residential uses will continue through the Year 2005. Based on historical trends, City staff identified parcels suitable for conversion to multi- family residential uses, particularly because the sites are surrounded by recent multi - family projects. As shown below, Chart 4 -3 shows that nearly 1,300 units will be approved through 2005. Chart 4 -3: Housing Projects Built/Planned on Commercial Land Current Zone Develop- ment Acres Affordability of Units V.Low Low Mod Upper Total Approved Projects *RPD -7 Pacific 32 fees 22 -0- 273 295 *RPD -16 Archstone 19 25 37 250 -0- 312 Pending Affordability *RPD -14 LT Develop. 12 50 -0- 114 -0- 164 CPD111 Pending 6.8 -0- 30 71 -0- 101 No Project Pending CPD 4 sites 25.3 89 270 -0- 359 CPD 121 1 site 4.3 17 53 -0- 70 Summary Status V.Low Low Mod Upper Total Approved 25 59 250 273 607 Pending 50 30 185 -0- 265 Sites 106 323 -0- 429 Totals: 270 758 273 1,301 Notes: * Formerly CPD- designated properties that were converted to residential uses 1. Underutilized site has R.V. storage. 2. Underutilized site with a greenhouse. 3. In -lieu fees paid on the single - family residential project 4. Authorized to file concurrent General Plan Amendment, Zone Change (June 2000). City of Moorpark 4 -4 Housing Element HOUSING RESOURCES Downtown /Redevelopment Project Area Sites New In 1998, the City developed a Downtown Specific Plan to recapture the historic role of Old Town Moorpark and capitalize on its central location, adjacency to institutional uses (e.g., City Hall, Senior Center), historic resources, and proximity to the Metrolink. The Downtown Specific Plan was designed to foster the development of a "pedestrian - oriented area" for people to live, work, and shop in Old Town Moorpark. The Plan recommends rezoning certain selected sites along Charles Street from R -1 to the RPD designation to permit higher density residential development. As cited in the Downtown Specific Plan, the zone change to the Residential Planned Development designation is intended to "encourage lot consolidation and redevelopment of underdeveloped or declining properties "' and therefore, as described in Chapter 3, the City facilitates lot consolidation with density bonuses. Currently, the areas identified for the zone change stretch from approximately Magnolia Avenue to Spring Road along both sides of Charles Street and include a larger under- utilized site near Everett Street and Walnut Canyon Road. These areas consist of vacant and under - utilized lots with substandard homes. Chart 4 -4 outlines the unit potential of the area envisioned in the Plan as well as some parcels in the Redevelopment Project Area adjacent to the Specific Plan area. Chart 4 -4: Development Potential on Downtown Sites Notes: This large under - utilized lot contains several smaller single family units (approx. 3 -4). Block contains vacant lots and several substandard homes on under - utilized lots. The Downtown Specific Plan recommends a zone change to RPD 7 -14 units. Other sites have one or two structures requiring significant rehabilitation ' City of Moorpark, Moorpark Downtown Specific Plan, October 1998, p. 51. City of Moorpark 4 -5 Housing Element Current Future `Affordability Level Location Zoning Zoning Acres Status Low Mod Everett & Walnut Canyon RPD RPD -14 3.16 U' 7 37 Charles St. (north side bet. R1 RPD -14 2.25 LIN2 5 27 Magnolia Ave. & Spring Rd.) Charles St. (south side bet. R1 RPD -14 1.80 U/VZ 4 21 Tafoya Terrace & Spring Rd) Charles St. 200 block R1 R1 -5 0.34 U3 0 2 Downtown Replacement R1 R1 -5 0.28 V 2 0 Housing — Scattered Sites Los Angeles Ave. ' R1 RPD 0.48 U 3 2 13 (scattered sites) Totals: 20 100 Notes: This large under - utilized lot contains several smaller single family units (approx. 3 -4). Block contains vacant lots and several substandard homes on under - utilized lots. The Downtown Specific Plan recommends a zone change to RPD 7 -14 units. Other sites have one or two structures requiring significant rehabilitation ' City of Moorpark, Moorpark Downtown Specific Plan, October 1998, p. 51. City of Moorpark 4 -5 Housing Element HOUSING RESOURCES Additional Development New The City has additional options to provide for affordable housing for families and seniors. In past housing element cycles, the City has participated in providing for senior housing, most notably the 30 unit project, Tafoya Terrace, in downtown Moorpark. Moreover, the City also permits second units throughout the community. Both these options provide excellent opportunity to provide additional affordable units for special needs groups. Second Units. Second units are attached or detached dwelling units which provide complete, independent living facilities for one or more persons, and the unit is located on the same lot as the primary structure. Given the high demand for student and senior housing, integrating second units in existing residential neighborhoods present a good opportunity to provide rental housing dispersed throughout the City. From January 1998 through 2000, six second units were built and occupied. Advertisements from the Ventura County Star estimates that the smaller second units are affordable to very -low income households (rents ranging up to $800), with the remaining half affordable to low- income households (rents ranging up to $1,200). For the present planning period, the City is projecting a total of 12 units. Senior Housing. The City has also identified a need for senior housing based on demographic trends in the community and the limited availability of affordable units. The City currently has one complex, Tafoya Terrace, which was developed in 1986 in downtown Moorpark. The project is situated on a 1 -acre parcel and is developed at 30 units per acre. City planning staff has identified two sites suitable for senior housing at rents affordable to low and very -low income. Site #1 is a 5.9 parcel, zoned CPD, which is located near Los Angeles Street behind a shopping center. This site could accommodate 105 affordable senior housing units. Site #2 is a 1.7- acre site. located on CPD -zoned land, that could accommodate 26 dwelling units. The density of senior housing could vary depending on the location, but is estimated to range from 15 to 30 units per acre based on past projects such as Tafoya Terrace. City of Moorpark 4 -6 Housing Element I -IF C61W) $ des zi 2. Site Suitability (New) State law also requires an analysis of whether the sites are suitable for development, having adequate infrastructure, public facilities and services to accommodate housing. In addition, sites must not be unduly constrained by environmental concerns. Lastly, the sites must have adequate development standards to facilitate affordability. The following describes the suitability of sites for new residential development. Environmental Concerns: Chapter 3 discussed fire, seismic, topographical, geo- technical, and hydrological constraints in the hillside and downtown areas. As noted, these constraints limit the number of units that could be constructed. Despite these environmental concerns, however, they do not constrain the City's ability to address the RHNA, since over 3,000 units are in the production and planning stage, which well exceed the total RHNA assigned for the 1998 -2005 planning period. Furthermore, environmental factors do not circumscribe the City's ability to facilitate and encourage low -rent housing that is affordable to very low- and low- income households. Multi- family projects in commercial areas (e.g., Archstone and LT Development) must produce affordable units at 16 units per acre pursuant to the City's inclusionary program. Finally, the City will address any shortfall through its inclusionary program, downtown specific plan, and vacant commercial sites. Development Standards: A review of recent projects show that new developments have been or are likely to be developed at the densities permitted under the General Plan. This is particularly important given that in -lieu fee revenue from lager developments is used to support the production of affordable housing for lower - income households. For typical multifamily housing in the downtown, the Archstone proiect was recently approved for construction at 16 units per acre. The average density of single- family neighborhoods varies significantly, from 1 unit per five acres in the rural residential zones to 5 units per acre in the urban residential zones. The density in rural areas is restricted due to the environmental and infrastructure constraints discussed in Chapter 3. However, the lower density of single- family home neighborhoods is not a constraint to meeting the RHNA, because multi - family proiects will address the lower- income requirements of the RHNA. Infrastructure and Services: Site improvements are an important component of new development and include water, sewer, circulation, and other infrastructure needed to make development feasible. Through development agreements, the City requires fees for off -site extension of the water, sewer and storm_ drain systems, and requires the developer to construct internal streets, sidewalks, curb, gutter, and affected portions of off - street arterials as well as appropriate landscaping as needed. Services are paid for through development fees. The City requires such fees and improvements to be timed in accordance with the proposed developments. City of Moorpark 4 -7 Housing Element HOUSING RESOURCES 3. Credits toward the RHNA. Revised In order to fulfill RHNA for the 1998 -2005 period, HCD requires that cities identify sites and development standards that could facilitate and encourage housing that is affordable to various income levels commensurate with the RHNA allocation. This section summarizes the various credits toward meeting the RHNA. Market Rate Housing. Most housing developments in Moorpark are located on steeper hillsides, zoned for low- density uses, and is only affordable for upper income households. In the downtown, significant infill and multi - family housing opportunities exist which are affordable to moderate - income households. Since 1998, the City has approved nearly 3,500 new housing units, single - family and multi - family, affordable to these households, which well exceeds the total allocation of the 1998 -2005 RHNA. Subsidized Housing. The City's lower- income requirement for the RHNA is 424 housing units. To date, the City has satisfied all of its allocation for low- income units based upon approved projects for single- and multi- family residential developments. Moorpark has achieved its goals through the implementation of its inclusionary housing program, in particular requiring affordable units in multi - family developments which were built on commercial land, after a conversion to residential uses. Currently, there is a deficit of 185 units affordable to very low- income households. However, the City has a reserve of land available for potential senior housing, second units, infill, and multi - family rentals (primarily downtown). These housing opportunities can provide 263 units suitable for low and very-low income housing. Given that the City's remaining in -lieu fees collected are dedicated to providing affordable housing, the City has adequate funds and sites to address its RHNA. Chart 4 -5: Comparison of RHNA and Site Capacity City of Moorpark 4 -8 Housing Element Affordability Level of Units Affordability Level Very Low Low Moderate. Upper Total Final RHNA (1998 -2005) 269 155 383 448 1,255 (minus) Approved Projects -34 -103 -470 -1,523 -827 -2,130 -1,227 (minus) Approved Projects -50 -165 -185 Pending Affordability Agreement -0- (minus) Second Units Built 6 -0- -01 -0- -0- -6- Remaining RHNA as of 185 -0- -0- January 1, 2000 Development Capacity on 263 423 -0- 549 Vacant Commercial Land Balance -0- -0- 10- -0- -01 City of Moorpark 4 -8 Housing Element HOUSING RESOURCES B. Financial Resources Moorpark has access to a variety of existing and potential funding sources for affordable housing activities. They include programs from local, state, federal as well as private resources. This section describes the three most significant housing funding sources currently used in Moorpark — County Community Development Block Grant funds and City Redevelopment Set -Aside funds. Chart 4 -6 summarizes these and other funding available to support Moorpark's housing programs. 1. Redevelopment Set -Aside Funds State law requires Moorpark's Redevelopment Agency to set -aside 20% of all tax increment revenue generated from redevelopment projects for affordable housing. The City's 20% set -aside funds must be used for activities that increase, improve, or preserve the supply of affordable housing within the community. As of FY1997 -1998, the City had an unencumbered balance of $1.2 million. Planned expenditures include: $300,000 in rehabilitation loans, $150,000 in mobile home repairs, $140,000 in first -time homebuyers, and $610,000 in new construction. 2. In -Lieu Fees & the Housing Trust Fund Since 1997, the City has collected in lieu fees from developers who are unable to meet the requirements for housing affordable for lower income households as stipulated in the development agreements. For example, a developer that was unable to provide 15 housing units affordable to very low income households paid the City an in lieu fee of approximately $900,000 for the 15 very-low income units. The money collected from developers is placed in the Housing Trust Fund, which is used for the provision and /or maintenance of affordable housing in Moorpark. Over the planning period, the City can expect a total of $4 to $5 million in in -lieu fees. 3. Community Development Block Grant (CDBG) Funds HUD provides funds to local governments for a range of community development activities. The eligible range of activities include, but are not limited to, the following: acquisition and /or disposition of real estate or property, public facilities and improvements, relocation, rehabilitation and construction (under certain limitations) of housing, home ownership assistance, and also clearance activities. In addition, these funds can be used to acquire or subsidize at -risk units. Since the City is not a HUD entitled jurisdiction, Moorpark receives its CDBG allocation from the County of Ventura rather than HUD. Moorpark receives $195,000 annually in funding for housing and community development activities from the County CDBG program. City of Moorpark 4 -9 Housing Element HOUSING RESOURCES Chart 4 -6: Financial Resources for Housing Activities Program Name Description Eligible Activities 1. Federal Programs Community Grants awarded to the Ventura County ■ Acquisition Development Block from HUD. The City receives funds on a . Rehabilitation Grant (CDBG) formula basis for housing and community development activities. Home Buyer Assistance ■ Economic Development ■ Homeless Assistance ■ Public Services HOME Grants awarded to the Ventura County ■ Acquisition from HUD. The City can apply for funding 0 Rehabilitation for specific housing projects. ■ Home Buyer Assistance - Rental Assistance Section 8 Rental assistance payments to owners of 2 Rental Assistance Rental Assistance private market rate units on behalf of very low income tenants. Program Section 202 Grants to non - profit developers of 0 Acquisition supportive housing for the elderly. a Rehabilitation ■ New Construction Section 811 Grants to non - profit developers of • Acquisition supportive housing for persons with - Rehabilitation disabilities, including group homes, independent living facilities and New Construction intermediate care facilities. ■ Rental Assistance Section 203(k) When rehabilitation is involved, a lender • Land Acquisition typically requires the improvements to be 0 Rehabilitation finished before a mortgage is made. This program provides a long -term, low interest Relocation of Unit loan at fixed rate to finance acquisition and ■ Refinance Existing rehabilitation of the property. Indebtedness Section 108 Loan Provides loan guarantee to CDBG N Acquisition entitlement jurisdictions for pursuing large 2 Rehabilitation capital improvement projects. Maximum loan amount can be up to five times the Home Buyer Assistance jurisdiction's most recent annual allocation. - Economic Development Maximum loan term is 20 years. - Homeless Assistance ■ Public Services Mortgage Credit Income tax credits available to first -time N Home Buyer Assistance Certificate Program homebuyers to buy new or existing single - family housing. Local agencies (County) make certificates available. Low Income Tax credits are available to persons and Housing Tax Credit corporations that invest in low- income Construction of Housing (LIHTC) rental housing. Proceeds from the sale are typically used to create housing. City of Moorpark 4 -10 Housing Element HOUSING RESOURCES Chart 4 -6: Financial Resources for Housing Activities Program Name Description Eligible Activities Farm Labor Capital financing for farmworker housing. ■ Purchase Housing Loan and Loans are for 33 years at 1 % interest. W Development Grant Housing grants may cover up to 90% of the development costs of housing. Improvement ■ Rehabilitation 2. State Programs Proposition 1 A Potential buyers or tenants of affordable 0 Downpayment Assistance housing projects are eligible to receive a Rental Assistance downpayment assistance or rent subsidies at amounts equivalent to the school fees paid by the housing developer. Multi - Family Deferred payment loans for new 0 New Construction Housing Program construction, rehabilitation and a Rehabilitation (MHP) preservation of rental housing. Preservation California Housing Below market rate financing offered to 0 New Construction Finance Agency builders and developers of multiple - family 0 Rehabilitation (CHFA) Rental and elderly rental housing. Tax exempt Housing Programs bonds provide below- market mortgages. Acquisition of Properties from 20 to 150 units California Housing CHFA sells tax - exempt bonds to make 0 Homebuyer Assistance Finance Agency below market loans to 1 S'time homebuyers. Home M --rtgage Program operates through participating Purchase Program lenders who originate loans for CHFA. California Housing Low interest loans for the rehabilitation of a Rehabilitation Rehab Program - substandard homes owned and occupied 0 Repair of Code Violations, Owner Component by lower- income households. City and Accessibility Improvements, (CHRP) non - profits sponsor rehabilitation projects. Room Additions, etc. Supportive Housing/ Funding for housing and services for a Supportive Housing Minors Leaving mentally ill, disabled and persons needing Foster Care support services to live independently. Foster Care California Provides matching grants to assist ' Land Acquisition Farmworker development of various types of housing ' Site Development Housing Grant (renter - and owner - occupied) projects for a Construction Program agricultural worker households. Rehabilitation 3. Local Programs 70 Redevelopment State law requires that 20 percent of ■ Acquisition Housing Fund Redevelopment Agency funds be set aside Rehabilitation for a wide range of affordable housing activities governed by State law. New Construction Tax Exempt The City can support low- income housing 0 New Construction Housing Revenue by issuing housing mortgage revenue a Rehabilitation Bond bonds requiring the developer to lease a fixed percentage of the units to low income Acquisition families at specified rental rates. City of Moorpark 4 -11 Housing Element Chart 4 -6: Financial Resources for Housing Activities Program Name Description Eligible Activities In -lieu Fees The City's requires developers to set -aside - New Construction a portion of units affordable to lower- 0 Rehabilitation income households or pay an in -lieu fee. These monies are earmarked to support the construction of new affordable housing 4. Private Resources /Financing Programs Federal National Fixed rate mortgages issued by private a Home Buyer Assistance Mortgage mortgage insurers. Association (Fannie Mortgages which fund the purchase and N Home Buyer Assistance Mae) rehabilitation of a home. ■ Rehabilitation Low Down - Payment Mortgages for Single- Home Buyer Assistance Family Homes in under served low - income and minority cities. Savings Pooling process to fund loans for 8 New construction of rentals, Association affordable ownership and rental housing cooperatives, self help Mortgage projects. Non - profit and for profit housing, homeless shelters, Company Inc. developers contact member institutions. and group homes California Non - profit mortgage banking consortium a New Construction Community designed to provide long term debt a Rehabilitation Reinvestment financing for affordable multi - family rental Corporation housing. Non - profit and for profit Acquisition (CCRC) developers contact member banks. Federal Home Direct Subsidies to non - profit and for profit New Construction Loan Bank developers and public agencies for Affordable Housing affordable low income ownership and Program rental projects. Freddie Mac Home Works - Provides 1" and 2nd Home Buyer Assistance mortgages that include rehabilitation loan. combined with City provides gap financing for Rehabilitation rehabilitation component. Households earning up to 80% MFI qualify. In terms of funds from the State of California to support affordable housing, the Governor recently signed the largest housing budget in the State's history for about $500 million. The most heavily funded programs are as follows: Rental Housing ($177 million), Community Amenities /Development Incentives ($110 million), Ownership Housing ($100 million), Farm Worker Housing ($43 million), Emergency Housing Assistance ($32 million), and Supportive Housing /Minors Leaving Foster Care ($25 million). These sources may provide additional monies to support housing activities in Moorpark. City of Moorpark 4 -12 Housing Element HOUSING RESOURCES C. Administrative Resources Described below are public and non - profit agencies that can serve as resources in the implementation of housing activities in Moorpark. These agencies play an important role in meeting the housing needs of the City. In particular, they are critical in the production of affordable housing and the preservation of at -risk housing units in Moorpark. Moorpark Community Development Department: The Department of Community Development is responsible for coordinating, processing, reviewing, and inspecting all applications for new development within the City, providing environmental review and public information. The Department coordinates development project review and processing and processes affordable housing entitlement requests. Moorpark Redevelopment Agency: The primary mission of the Moorpark Redevelopment Agency is to encourage new development, provide housing, eliminate blight, increase employment opportunities within the community, and generally improve the economic base of the City. The Agency is responsible for low and moderate housing rehabilitation and new construction, economic development within the community, and retaining existing businesses. In addition, the Agency is manages Agency -owned properties and buying and selling land for development. Ventura County Housing Authority: The Housing Authority provides low rent public housing, Section 8 rental subsidies to low income families and seniors, and rehabilitation loans and homeownership assistance to lower income households. The Housing Authority provides Section 8 rental assistance to 91 residents and operates Tafoya Terrace, a 30 -unit affordable senior apartment project in Moorpark. Cabrillo Economic Development Corporation (CEDC): The Cabrillo Economic Development Corporation (CEDC) is an active developer of single - family homes, cooperative housing, rental projects throughout Ventura County. CEDC was involved in constructing the 62 -unit Villa Campesina project in Moorpark and is involved in the 59 -unit Mountain View project. CEDC also has construction, property management, home ownership, counseling, and community building divisions. Mercy Charities Housing California: Mercy Charities Housing California is a statewide affordable housing developer who places an emphasis on rental developments. Mercy contracts for its construction, has its own management divisions, and emphasizes the provision of various services for its residents. Many Mansions, Inc.: Many Mansions is a non - profit housing and community development organization founded in 1979 to promote and provide safe, well - managed housing to limited income residents in Ventura County. Many Mansions develops, owns, and self- manages special needs and permanent affordable housing. City of Moorpark 4 -13 Housing Element HOUSING RESOURCES D. Opportunities for Energy Conservation Utility - related costs can impact the affordability of housing in Southern California. However, Title 24 of the California Administrative Code sets forth mandatory energy standards for new development, and requires adoption of an "energy budget." In turn, the home building industry must comply with these standards while localities are responsive for enforcing the energy conservation regulations. The following are among the alternative ways to meet these energy standards. Alternative 1 is the passive solar approach, which requires proper solar orientation, appropriate levels of thermal mass, south facing windows, and moderate insulation levels. Alternative 2 generally requires higher levels of insulation than Alternative 1, but has no thermal mass or window orientation requirements. Finally, Alternative 3 is also without passive solar design but requires active solar water heating in exchange for less stringent insulation and /or glazing requirements. Additional energy conservation measures are: (1) locating the home on the northern portion of the sunniest portion of the site; (2) designing the structure to admit the maximum amount of sunlight into the building and to reduce exposure to extreme weather; (3) locating indoor areas of maximum usage along the south face of the building and placing corridors, closets, laundry rooms, power core, and garages along the north face; and (4) making the main entrance a small enclosed space that creates an air lock between the building and its exterior; orienting the entrance away from winds; or using a windbreak to reduce the wind velocity against the entrance. Utility companies serving Moorpark offer programs to promote the efficient use of energy and assist lower income customers. The programs are discussed below. Southern California Edison Programs. Edison offers a variety of energy conservation services under the Low Income Energy Efficiency programs (LIEE), which help qualified homeowners and renters conserve energy and control electricity costs. Eligible customers receive services from local community agencies and licensed contractors working with Edison. Services include weatherization, efficient lighting and cooling, refrigerator replacement, and energy education. In addition, Edison participates in the California Alternate Rates for Energy (CARE) program which provides a 15 percent discount on electric bills for low- income customers. Southern California Gas Programs. Southern California Gas Company offers two direct assistance programs to limited income customers: 1) a no -cost weatherization (such as attic insulation and water blankets), and 2) a no -cost furnace repair and replacement service. The Gas Company also participates in the State CARE program, providing low- income customers with a discount on the gas bills. City of Moorpark 4 -14 Housing Element HOUSING PLAN 5. HOUSING PLAN Sections 2 to 4 establish the housing needs, constraints, and resources in Moorpark. This section, the Housing Plan, evaluates the City's accomplishments from the 1989 Housing Element and sets forth the City's goals, policies, programs, and quantified objectives to address the identified housing needs in Moorpark from 2000 to 2005. A. Evaluation of Past Accomplishments As part of the Housing Element, cities must periodically review the appropriateness, effectiveness, and progress in implementing the programs in the housing element. These results should be quantified wherever possible and qualitative where necessary. This section evaluates the accomplishments since the last Housing Element was completed as the basis for developing appropriate policy and program responses. 1. Housing Maintenance and Improvement The 1989 Housing Element set forth goals, policies, and objectives to address the maintenance, improvement, and conservation of housing. Specifically, the Element proposed the implementation of the code enforcement program, housing rehabilitation loan program, capital improvement program, and redevelopment implementation plan. These programs were designed to maintain the quality of housing and neighborhoods, identify problem structures, and provide rehabilitation assistance where feasible. Over the planning period, the City has implemented a code enforcement program which is designed to maintain the quality of existing structures while identifying more problematic buildings for rehabilitation or demolition. On a wider scale, the City implements a larger Redevelopment Plan to identify under - served areas of the community which experience dilapidated housing, deteriorating infrastructure, and other issues contributing to blight. These are ongoing programs with no specific objectives. In 1994, the City began its rehabilitation program for low or very low income owner - occupied properties in the Redevelopment Project Area. As shown in the accompanying chart, the City's owner - occupied rehabilitation programs were largely successful in exceeding its goal. The renter - occupied housing rehabilitation program fell far short of its goal, however, the City's apartment stock is in relatively excellent condition. The vast majority of poorer quality housing is in older single - family neighborhoods in downtown. I The City's code enforcement, housing rehabilitation, and redevelopment implementation programs will continue throughout the remainder of the housing element planning period. In 1998, the City Council adopted a Downtown Specific Plan and incentives for the consolidation of lots, where desirable, to facilitate transition of suitable underutilized sites for multi - family housing while stabilizing established single - family neighborhoods. Information on this program is included in the Program section of this Element. City of Moorpark 5 -1 Housing Element HOUSING PLAN 2. Housing Production The RHNA assigned Moorpark a construction need of 2,741 homes from 1989 to 1994. Of that total, 35% of the units were targeted to lower income households and 65% to moderate and upper income households. The City relied primarily on market production to address the moderate -upper income requirement. However, to encourage the production of affordable housing, the City amended the Zoning Code to include a density bonus provision and second units and adopted a Redevelopment Plan. Progress in meeting the specified production objectives has been mixed. With respect to production, the housing stock increased by 1,181 new homes. Affordability of the new units can be inferred by the type of unit constructed and the affordability matrix presented earlier (refer to Chart 2 -21). From 1989 through 1997, approximately 833 units were single - family homes, affordable to upper income households. Another 222 units of mobile homes and condominiums /townhomes and 126 apartments were built. Given current prices, the majority were affordable to moderate - income households. Several factors were responsible for the shortfall in housing production. First, the RHNA targets were based upon a projection of historical growth rates that were artificially inflated by continuing federal tax credits, a continuing strong and rapidly inflating housing market, and over - optimistic employment projections. Following the 1989 RHNA, however, the Southland was affected by a prolonged and severe economic recession, which subsequently depressed the underlying consumer demand for new housing. Beginning in 1997, the housing market in Ventura County began to rebound. In an effort to leverage new housing demand, the City began to use development agreements to ensure that a portion of new construction be set -aside for affordable housing. The City established a 10 %/15% inclusionary goal citywide and in the redevelopment area. For development in the hillside areas of Moorpark where inclusionary units are financially infeasible, the City began collecting in -lieu fees to deposit in a Housing Trust Fund. Strong expansion of the housing market is expected to add to the effectiveness of existing City efforts. Programs and policies contained in the Redevelopment Plan, the Downtown Specific Plan, and the Zoning Code (e.g. density bonus, second units), which were less effective during the slower housing market, are expected to lead to more affordable development in Moorpark. As shown in Chapter 4, the City has already received $3.8 million in in -lieu fees as described in Chapter 4 of this Element. The present menu of programs coupled with a strong economy suggest that housing production, including affordable housing, will be significant over the 2000 -2005 period. However, this Housing Element will propose the following prioritization of in -lieu fee use to ensure that the RHNA can be achieved: 1St priority — production of affordable housing; 2nd priority -- subsidy of affordable housing; 3rd priority -- housing rehabilitation; and 4th priority -- housing assistance. Details on this program are shown later in this chapter. City of Moorpark 5 -2 Housing Element HOUSING PLAN 3. Housing Assistance As part of the Housing Production goals specified earlier, the City of Moorpark also set forth to achieve other non - production housing assistance goals to ensure that lower - income households have greater access to rental and homeownership opportunities. This overall goal was to be achieved through the following four major programs: (1) regulatory and financial assistance; (2) renter and homeowner assistance, (3) mobilehome rent stabilization; and (4) assistance for special needs households. With respect to providing regulatory and financial assistance, the City is actively involved in assisting nonprofit organizations build affordable housing projects in the community. During the 1983 RHNA, a 30 -unit public housing project, Tafoya Terrace, was built. During the 1989 -1994 RHNA, the 62 -unit Villa Campesina project was built. In the present 2000 -2005 RHNA, the Cabrillo Economic Development Corporation is building another affordable housing project in Moorpark with city financial assistance. Direct assistance was also provided to low and moderate income households. Over the planning period, the City negotiated with HUD to increase the allocation of Section 8 certificates /vouchers by a magnitude of fourfold. In an effort to assist low and moderate income households transition to homeowners, the City joined the Mortgage Credit Certificate Program in 1997 and became a member in the Fresh Rate Program in 1999. Already, five households have been assisted in these new homeownership programs. In order to preserve an important source of lower cost housing, Moorpark continued implementation of the Mobilehome Park Rent Stabilization Program. Even with the sale of the largest mobile home park in May 2000, the owning non - profit organization agreed to continue both the rent control program and the Hardship Waiver Program to waive rent increases for households. In addition, the agreement stipulated that at least 20% of all the spaces must be reserved for low income households and of those half must have rents affordable to very low income households. Moorpark also provides a variety of programs to address its special needs populations. The Section 8 Rental Assistance program has provided over 90 vouchers and certificates to very low income seniors and families, well above the initial goal of 19. The City has supported the development of residential care facilities for seniors and the disabled and recently approved a facility for Alzheimer's patients in 1999. To address the needs of very low income residents and those at risk of becoming homeless, the City has used its CDBG funds to support Catholic Charities. The agency provides a wide range of services including shelter referral, social services, food and clothing, information as well as eviction services and legal assistance. To effectively address the needs of the homeless, the City continues to participate as a member of the Ventura Council of Government's Standing Committee on Homelessness. City of Moorpark 5 -3 Housing Element HOUSING PLAN 4. Removal of Governmental Constraints The City proposed active involvement, to the extent feasible, in mitigating governmental constraints to the development, maintenance, and improvement of housing. The 1989 Housing Element proposed that the City would revise densities as needed to address the RHNA as well as study the feasibility and potential of encouraging higher density developments in the downtown where appropriate. Moreover, the City would continue to review development procedures, development standards, and design criteria. In 1998, the City Council adopted the Downtown Specific Plan as part of a long -term strategy to revitalize the downtown core of the community. The Plan is designed to encourage a mix of commercial uses and appropriate higher density residential uses to support the commercial areas. To spur redevelopment, the Plan allows for lot consolidation coupled with a range of higher densities at certain sites, which may foster the development of multi - family housing. In addition, the Plan encourages infill housing development, which has resulted in 31 infill units having been developed. In order to ensure that site development standards do not constrain the production of housing in Moorpark, the City conducted a review of site development standards and design and development criteria. The City is also currently preparing a development fee study and cost management review to compare housing fees and costs with those of surrounding cities. This study will ensure that fees and exactions recover the costs of services provided, and remain competitive with surrounding communities. 5. Fair Housing Lastly, the City implemented programs designed to reduce governmental constraints to the production, maintenance and improvement of housing for all economic segments of the community as well as ensure fair and equal housing opportunities for residents. Through its involvement and support, the City has helped ensure that all residents, regardless of their status, enjoy the fair and equal opportunity to secure housing that is best suited to their lifestyle needs and income levels, without fear of discrimination. The City continued its active support of fair housing and related services for Moorpark residents. In June 2000, the City participated in the Ventura County Analysis of Impediments to Fair Housing Choice (Al) and the City Council adopted the findings. With respect to its larger fair housing program, Moorpark participated in the Ventura County Fair Housing Council (VCFHC) operated by the Fair Housing Institute. Support was also provided to Catholic Charities to handle eviction prevention services, tenant assistance, counseling, referrals, homeless services, as well as basic food and clothing. City of Moorpark 5 -4 Housing Element HOUSING PLAN Chart 5 -1: Past Accomplishments City of Moorpark 5 -5 Housing Element 1989 Housing Element Program Type Activity Objective Progress Rehabilitate owner - occupied housing 17 27 Residential Rehabilitation Provide home repair rebates for owners /renters 15 -- Rehabilitate rental housing 6 -- Housing Evaluation Evaluate housing in need of rehabilitation 8 27 Capital Address areas requiring capital improvements to Ongoing Ongoing Improvements encourage residential development Code Enforcement Improve quality of neighborhoods Ongoing Ongoing Replacement Plan Develop replacement plan for Rehab program Ongoing - -- Affordable Housing Develop affordable housing 113 units 348 units Density Bonus Offer density bonuses 846 units None Affordable Housing Promote development of affordable housing and Ongoing Ongoing Committee affordable housing programs Manufactured & Explore manufactured housing and self -build 113 units Determined Self -Build Projects projects to cut production costs infeasible. Rental Assistance Section 8 vouchers /certificates 19 91 Redevelopment Plan Adopt Redevelopment Plan Adopt Adopted Mixed Use Study feasibility of mixed use development in Ongoing Downtown Development the downtown area SP adopted Infill Development Promote infill housing through identification of 400 units 32 units vacant or underutilized parcels Fast Track Permit Investigate fast track permit processing for low Implement Implemented Processing and moderate income housing projects Development Eliminate unnecessary conditions of approval Ongoing Review Standards Review that add to development costs completed General Plan and Review Land Use Element & Zoning for incon- Zoning Review sistencies & encourage high density Ongoing Ongoing development Housing /Employment Analyze employment trends and promote jobs - Ongoing Ongoing Analysis housing balance Participated Equal Housing Promote equal housing opportunity Ongoing in 2000 -2005 Opportunity County Al Review housing counseling programs Ongoing Ongoing Homeless Shelter Support Ventura County Homeless Revolving Support homeless Program Loan Fund and work with County to identify Ongoing prevention shelter sites services City of Moorpark 5 -5 Housing Element HOUSING PLAN B. Goals and Policies This section of the Housing Element contains a brief overview of the key issues from the Needs Assessment as well as the goals and policies that Moorpark intends to implement to address these housing needs. In addressing the City's housing needs, the City's overall community goals are as follows: ➢ Adequate provision of decent, safe housing for residents without regard to race, age, sex, marital status, ethnic background or other arbitrary considerations. ➢ Adequate provision of housing opportunities by type, tenure, and location with particular attention to the provision of housing for special needs groups. Encourage growth through the identification of suitable parcels for residential development, changes in land use patterns, and appropriate recycling of land. ➢ Develop a balanced community accessible to employment, transportation, shopping, medical services, and governmental agencies among others. Within the aforementioned general framework, the City has developed the following goals and policies to encourage the preservation, production, maintenance, and improvement of housing within the Moorpark community. 1. Housing and Neighborhood Conservation Housing and neighborhood conservation are important to maintaining and improving quality of life. While the majority of housing in Moorpark is relatively new, some of the older residential neighborhoods in the downtown shows signs of deterioration. Efforts to improve and revitalize housing must not only address existing conditions, but also focus on preventive repairs to maintain the quality of the housing stock. The policies listed below address the issue of housing and neighborhood conservation. GOAL 1.0: Assure the quality, safety, and habitability of existing housing and the continued high quality of residential neighborhoods. Policy 1.1 Continue to monitor and enforce building and property maintenance code standards in residential neighborhoods. Policy 1.2 Continue to provide City services designed to maintain the quality of the housing stock andthe neighborhoods. Policy 1.3 Promote increased awareness among property owners and residents of the importance of property maintenance to long -term housing quality. Policy 1.4 Continue to promote the repair, revitalization, and rehabilitation of residential structures which have fallen into disrepair. Policy 1.5 Support the preservation and maintenance of historically and architecturally significant buildings and neighborhoods. City of Moorpark 5 -6 Housing Element HOUSING PLAN 2. Adequate Residential Sites The Regional Housing Needs Assessment addresses the need for decent, adequate, and affordable housing to accommodate existing and future housing needs induced from regional growth. In order to further these goals, Moorpark is committed to assisting in the development of adequate housing that is affordable to all economic segments of the population through the following goals and policies: GOAL 2: Provide residential sites through land use, zoning and specific plan designations to provide a range of housing opportunities. Policy 2.1 Identify adequate sites which will be made available and zoned at the appropriate densities, to facilitate goals set forth in the 1998 -2005 RHNA. Policy 2.2 Ensure residential sites have appropriate public services, facilities, circulation, and other needed infrastructure to support development. Policy 2.3 Investigate rezoning or redesignation of commercial lots that are no longer economically viable uses to appropriate residential uses. Policy 2.4 Promote and encourage mixed -use residential and commercial uses where appropriate as a means to facilitate development. 3. Housing Assistance and Special Needs Moorpark is home to a number of groups with special housing needs, including seniors, large families, farm workers, disabled persons, and single parent families, among others. These groups may face greater difficulty in finding decent and affordable housing due to special circumstances. Special circumstances may be related to one's income, family characteristics, disability, or health issues. GOAL 3: Expand and protect housing opportunities for lower income households and special needs groups. Policy 3.1 Use public financial resources, to the extent feasible, to support the provision and production of housing for lower- income households and persons and families with special needs. Policy 3.2 Provide rental assistance to address existing housing problems and provide homeownership assistance to expand housing opportunities. Policy 3.3 Support the conservation of mobile home parks, historic neighborhoods, publicly- subsidized housing, and other sources of affordable housing. Policy 3.4 Require, in aggregate, 10% of new units to be affordable to lower- income households. Establish priority for usage of in -lieu fee as follows: 1" priority — production of affordable housing; 2nd -- subsidy of affordable housing; 3 d -- housing rehabilitation; and 4th priority -- housing assistance. City of Moorpark 5 -7 Housing Element HOUSING PLAN 4. Removal of Government Constraints Market factors and government regulations can significantly impact the production and affordability of housing. Although market conditions are often beyond the direct influence of any jurisdiction, efforts can be directed at ensuring the reasonableness of land use controls, development standards, permit - processing, fees and exactions, and governmental requirements to encourage housing production. GOAL 4: Where appropriate, mitigate unnecessary governmental constraints to the maintenance, improvement, and development of housing. Policy 4.1 Periodically review City regulations, ordinances, fees /exactions to ensure they do not unduly constrain the production, maintenance, and improvement of housing. Policy 4.2 Offer regulatory incentives and concessions for affordable housing, such as relief from development standards, density bonuses, or fee waivers where deemed to be appropriate. Policy 4.3 Provide for streamlined, timely, and coordinated processing of residential projects to minimize holding costs and encourage housing production. Policy 4.4 Support infill development at suitable locations and provide, where appropriate, incentives to facilitate their development. 5. Fair and Equal Housing Opportunity Ensuring fair and equal housing opportunity is an important goal. Whether through mediating disputes, investigating bona fide complaints of discrimination, or through the provision of education services, the provision of fair housing services is an important tool to ensure fair and equal access to housing. The following policies are designed to continue implementation of applicable fair housing laws. GOAL 5: Ensure fair and equal housing opportunity for all persons regardless of race, religion, sex, marital status, family type, ancestry, national origin, color or other protected status. Policy 5.1 Provide fair housing services to residents and assure that residents are aware of their rights and responsibilities with respect to fair housing. Policy 5.2 Discourage discrimination in either the sale or rental of housing on the basis of state or federal protected classes. Policy 5.3 Implement appropriate action items identified in the Ventura County Analysis of Impediments to ensure fair and equal access to housing. City of Moorpark 5 -8 Housing Element HOUSING PLAN C. Housing Programs The goals and policies contained in the Housing Element address Moorpark's housing needs and are implemented through housing programs offered by the City's Community Development Department and Redevelopment Agency. In drafting these programs, the Government Code requires the housing element to address five major areas: ➢ Housing and Neighborhood Conservation Assisting in the Provision /Development of Housing ➢ Providing Adequate Sites to Achieve Diversity ➢ Removing Governmental Constraints ➢ Promoting Equal Housing Opportunity This section describes the programs that Moorpark will implement to address housing needs within the community. Chart 5 -2 provides a summary of each program, five -year objective, the funding sources, and the agency responsible to implement the program. Housing and Neighborhood Conservation 1. Housing Rehabilitation The Housing Rehabilitation Program provides rehabilitation loans to low- income owner households. Loans up to $20,000 are provided for owner - occupied housing and $6,500 for mobilehome units. Very low- income households pay no interest and repayment of the loan is due at the time of sale for single - family units versus 10 years for mobilehomes. For low- income households, they pay only a 3% annual interest rate amortized over 10 years for single family units and 7 years for mobile homes. Mobilehomes can receive a 50% increase if they received a waiver in rent increase (Program 10a). 2. Code Enforcement The City maintains two full -time code enforcement officers to ensure compliance' with building and property maintenance codes. The Code Enforcement Division receives approximately 90 citizen complaints per month. The Code Enforcement Division plays a key role in improving Moorpark neighborhoods. The Division handles a variety of issues ranging from property maintenance (e.g. illegally park vehicles, overgrown vegetation) to housing conditions. For housing code violations, the property owners are referred to the City's housing program staff. Five Year Objective: Provide loans for a maximum of 50 single- family units and 25 mobile home units. Five -Year Objective: Continue code enforcement activities. City of Moorpark 5 -9 Housing Element Adequate Residential Sites 3. Program to Rezone Sites Vacant and underutilized commercially -zoned sites offer opportunity to accommodate residential development and the RHNA. In the past several years, developers have initiated the conversion of commercial sites for residential use. The City's rezoning has resulted in the 312 -unit Archstone project and the 305 -unit Pacific Communities project. Other projects are under consideration. Taken together, nearly 60% of the City's RHNA has been addressed through conversion of commercial sites. Given the rate of transition of commercial sites adequate sites will be available to facilitate and encourage the development of housing commensurate with the City's 1998 -2005 RHNA. Housing affordability of the units to be built will be governed by the development agreement and inclusionary requirements. However, if adequate sites do not become available by ending 2000. the City shall take proactive steps to rezone land and /or increase the density of existing sites. 4. Downtown Specific Program The Downtown Specific Plan, which was adopted in 1998, is designed to encourage a pedestrian - oriented mix of businesses, offices, and residential uses in the Downtown area. The Downtown Specific Plan area is characterized by smaller lots, underutilized lots, older single - family homes, and a historic district. Because the majority of lots are irregularly shaped, the Zoning Code restricts density for lots of 7,000 square feet to 7 units per acre. According to the Specific Plan. the Downtown offers significant opportunities for public or private involvement in facilitating mixed use, infill, and affordable housing. The Zoning Code offers incentives to facilitate the Downtown Specific Plan. if parcels are combined or merged, the maximum density can be increased to 14 units /acre. However, given the rapid pace of development in the City, there is a need for a more formal inventory of suitable sites for potential residential development. HOUSING PLAN Five -Year Objective: Monitor compliance with the RHNA, and if a shortfall appears evident by ending 2002, (9) upzone selected sites and /or (2) rezone commercial land for residential use. The amount of land and the density thereof will be determined based on the shortfall evident ending 2002 Five -Year Objective: Further the Downtown Specific Plan purposes by conducting a formal land J nventory by 2002. City of Moorpark 5 -10 Housing Element 5. Farm Worker Housing Though most agricultural areas are located outside Moorpark, some farmworkers live in the community. Year -round farm labor is typically housed in existing housing, government- assisted units, and mobile homes. Farm labor housing is permitted in five zone districts. Examples include the Villa Campesina development, a sweat - equity project constructed for farmworkers and low income households in 1990. The City will continue to assist in the development of housing to address the needs of local farmworkers. 6. Land Use Element/Zoning The Moorpark Land Use Element and Zoning Code provides for various residential uses, ranging from a density of 1/4 to 1 du /acre in rural and agricultural areas, and from to 2 du /acre in medium density areas, to 15 du /acre in medium -high density areas. The Zoning Code also permits housing densities above those specified in the underlying zone with the use of the density bonus provisions. In addition, Specific Plans are also used to provide flexibility from residential development standards. These sites, in conjunction with the appropriate affordability tool (e.g., inclusionary or density bonus program) provide the means to facilitate and encourage a range in types and prices of housing to address the RHNA. 7. Zoning Code Revision The City currently provides for its special needs populations by allowing the siting of housing for farm worker housing, senior housings, and the disabled population in appropriate residentially -zoned areas. However, emergency shelters and transitional housing are currently not permitted in any zones. Recent amendments to state Mousing law require that adequate sites must be made available to allow for emergency shelters and transitional housing. To comply with State law and fair housing goals, the City will therefore revise the Zoning Code to permit emergency shelters and transitional housing pursuant to securing an approved conditional use permit. The conditions of the conditional use permit shall not unduly constrain the siting of such use. HOUSING PLAN Five -Year Objective: Continue to make provision for availability of farm worker housing in the community. Five -Year Objective: Provide appropriate land use designations and sites to facilitate the achievement of the City's 1998 -2005 RHNA as follows: 269 very low income units, 155 low income units, 383 moderate income units, and 448 upper income units. Five -Year Objective: Review and revise Zoning Code to allow the siting of emergency shelters and transitional housing pursuant to an approved conditional use permit. City of Moorpark 5 -11 Housing Element Housing Assistance and Special Needs 8. Section 8 Rental Assistance The Section 8 program provides rent subsidies to very low income households who spends more than 50 percent of their income on rent. Prospective renters secure housing from HUD - registered apartments that accept the certificates. HUD pays to the landlords the difference between what the tenant can afford to pay and the payment standard. Under the Section 8 voucher program, a family can choose more costly housing, if they pay the rent difference. The Ventura County Housing Authority administers the Section 8 program on behalf of the City. 9. Homeownership Programs The City of Moorpark utilizes a combination of City - sponsored home - ownership programs coupled with various other programs offered by other governmental agencies to expand opportunities. a. Mortgage Credit Certificate Program The City participates in the federal Mortgage Credit Certificate Program operated by Ventura County. The MCC program allows qualified first -time homebuyers to take an annual credit against their federal income taxes of up to 20% of the annual interest paid on the applicant's mortgage. The tax credit allowance allow homebuyers more income available to qualify for a mortgage loan and make monthly payments. Therefore, the MCC Program is a way to further leverage homeownership assistance. b. Fresh Rate Program. Moorpark participates in the Ventura Cities Mortgage Finance Authority (VCMFA) Fresh Rate Program. The VCMFA provides a 4 percent down payment and closing cost assistance. The program is financed by the VCMFA and is limited to Moorpark residents with incomes up to 120 percent of the County or State median income, whichever is greater. This program assists Moorpark in providing sufficient housing opportunities for its moderate - income residents. HOUSING PLAN Five -Year Objective: Continue to participate in the Section 8 program, advertise program availability, and encourage rental property owners to register their units with the Housing Authority. Five Year Objective: Continue participation and advertise program availability. Five Year Objective: Continue participation and advertise program availability. City of Moorpark 5 -12 Housing Element 10. Preservation Programs a. Mobilehome Park Rent Stabilization The Mobilehome Park Rent Stabilization Program limits rent increases for mobilehome spaces to one adjustment per year based on changes in the level of inflation. The City will also use funds to extend the life of its Hardship Waiver Program for lower income residents at mobilehome parks. The Hardship Waiver exempts lower income households from any annual rent increase on a mobilehome space if that increase results in an economic hardship for that household. b. Preservation of At -Risk Units One rental complex with 74 assisted units is funded through mortgage revenue bonds that are not set to expire until in 2029. Although these projects will not expire over the 2000 -2010 monitoring period, the City will continue to monitor the status of this project. As the project expiration date comes due, the City will work with the project owner to preserve the units before the affordability controls on the bonds expire. 11. Inclusionary Program Through the use of development agreements, the City's inclusionary policies require that 10% of all units in each development project and 15% of all units in development projects within the redevelopment area must be affordable to low and very low income households. In appropriate situations, developers unable to provide units are assessed in -lieu fees based upon the estimated cost of providing affordable units. This occurs most often with single - family developments in the hillsides. Currently, the City can allocate [ nclusionary fees for housing rehabilitation, construction, or assistance. To ensure that the City addresses its RHNA affordability requirements for low rent housing, it may become necessary to earmark funding to assist in the development of low -rent housing. Therefore, the City will develop apolicy for expending the estimated $4 to $5 million in in -lieu fees that may be generated over the planning period. Priority will be given to proiects that address any shortfall in the RHNA, particularly for very low- income households. HOUSING PLAN Five Year Objective: Continue Mobilehome Park Rent Stabilization Program and extend life of Hardship Waiver Program. Five Year Objective: Continue to monitor the status of the assisted units in affordable projects. Five Year Objective: Adopt fee expenditure priorities as follows: 1St priority — affordable housing production; 2nd -- subsidy of affordable housing; 3rd -- housing rehabilitation; and 4th -- housing assistance. Adopt expenditure priorities by ending 2002. City of Moorpark 5 -13 Housing Element Removal of Government Constraints 12. Land Assemblage /Disposition /Acquisition The City and its Redevelopment Agency will continue to encourage the provision of quality, affordable housing through use of land write - downs, direct financial assistance, and /or regulatory incentives. The City will use Redevelopment Set - Aside, Housing Trust funds, County CDBG, and other funds to assist in acquiring and assembling property and writing down land costs for the development of new housing. Currently, the City is acquiring various pieces of property in downtown Moorpark for redevelopment purposes and affordable housing opportunities. 13. Regulatory and Financial Assistance Regulatory assistance can be used to assist in the development of projects that address local housing needs. In the present and past housing element cycles, the City has reduced parking requirements for apartment and increased density, (e.g., Archstone Communities), as well as has reduced development fees (e.g., Villa Campesina project) in order to facilitate and encourage the provision of affordable housing. The City will continue to provide regulatory and assistance for the development of affordable projects that meet identified housing needs. 14. Assistance to CHDOs The City will continue to work with local Community Housing Development Organizations to provide affordable housing to meet the needs lower income households. In the past, the City assisted the Villa Campesina project, a 62 -unit single - family sweat equity development for farmworkers and other lower income households, by reducing development fees. Recently, the City provided bond - financing for the Mountain View project, another Cabrillo Economic Development Corporation project, which will provide 15 single - family homes for lower income families and an additional 44 units for moderate - income families. HOUSING PLAN Five -Year Objective: Assist in the purchase and assembly of land for housing. Five -Year Objective: Continue to provide regulatory assistance for projects that address local housing needs. Five Year Objective: Continue to work with local CHDOs by providing assistance for the development of affordable housing in Moorpark. City of Moorpark 5 -14 Housing Element 15. Density Bonus In accordance with State regulations, the City provides density bonuses for developments meeting specified criteria. Density bonuses are designed to meet the needs of target groups identified in the City's Housing Element. The General Plan allows a density bonus from 15 units to 20 units per acre for senior citizen and /or developments with 20% of the units affordable to lower income households. Three tiers of density bonuses are available for housing that is designed to address particular constraints. For instance, the City makes available lot consolidation incentives in the Downtown Specific Plan area, density transfer provisions for development in the hillsides, and standard density bonus provisions for elsewhere in Moorpark. Additional incentives, approved by City Council, may increase density up to 30 units per acre. 16. R -P -D Zone Designation The R -P -D Zone designation provides flexibility in the development process to meet specific housing needs. The R -P -D Zone designation offers various densities that can be tailored to the lot, nature of the development, and local housing needs. The R -P -D Zone provides a mechanism for the development of higher density housing (up to 15 du /ac) and can be coupled with a density bonus, financial and regulatory incentives to provide affordable housing. Fair Housing Services 17. Fair Housing Services Moorpark, in conjunction with \Jentura County, will continue to ensure the provision of fair housing services for its residents. These services will include counseling and information on housing discrimination, landlord- tenant dispute resolution, bilingual housing literature, and testing for housing discrimination. In addition, the City adopted the Ventura County Analysis of Impediments to Fair Housing Choice (AI) in July 2000. The City will work with local fair housing agencies and the County to implement recommendations in the Al. HOUSING PLAN Five -Year Objective: Encourage housing develop -ment through State density bonus law and incentives. Five -Year Objective: Continue to use the R -P -D Zone designation to address local housing needs. Five -Year Objective: Continue to support provision of fair housing services. City of Moorpark 5 -15 Housing Element HOUSING PLAN Chart 5 -2: Housing Program Implementation Summary Housing Program Program Action Funding Responsibl Time Program Objective Source a Agency Frame Housing and Neighborhood Conservation 1. Housing Rehabilitation Assist 50 single- RDA Set - Rehabilitation for lower family and 25 Aside and RDA 2000 - Program income owner mobile home Housing 2005 households owners Trust Fund Identifies and Continue code Community 2. Code abates code enforcement Department Development 2000 - Enforcement violations activities Budget Department 2005 (CDD) Residential Sites If a shortfall appears Provides by ending 2002, (1) 3. Rezone sufficient sites upzone selected Department CDD 2002 Sites to address the sites and /or (2) Budget RHNA. rezone commercial land for the RHNA Encourages Further the 4. Downtown development of Downtown Specific Department Specific infill and mixed Plan purposes by Budget RDA & CDD 2002 Program use projects conducting a formal land inventory. Assists in the Continue to make 5. Farmworker development of provision for Department RDA & CDD 2000 - Housing farmworker farmworker housing Budget 2005 housing Encourages Provide land use 6. Land Use provision of designations and Department 2000 - Element housing for sites to facilitate Budget CDD 2005 /Zoning different achievement of the income levels RHNA Permits Review and revise Zoning Code to 7. Zoning Code emergency shelters and permit emergency Department CDD 2002 Revision transitional shelters & transi- Budget housing tional housing pursuant to CUP. Provision of Housing and Housing Assistance Extends rental Ventura 8. Section 8 subsidies to Continue subsidy Section 8 County Rental very low and advertise Vouchers Housing 2000 -2005 Assistance income program /Certificates Authority households 9a. Mortgage Provides tax Continue to Credit credits to first participate in Ventura RDA 2000 -2005 Certificate time program and County Program homebuyers advertise Provides down Continue to 9b. Fresh Rate payment and participate in VCMFA VCFMA 2000 -2005 Program closing cost program and Bond funds assistance advertise City of Moorpark 5 -16 Housing Element HOUSING PLAN Housing Program Program Action Funding Responsibl Time - Program Objective Source a Agency Frame 10a. Mobile- Helps maintain Continue program, home Rent affordability of extend Hardship Department RDA 2000 -2005 Stabilization mobile homes Fee Waiver Budget Program Program 10b. Preserves the Work with property RDA Set - Preservation of existing affordable owners to Aside, Housing Trust RDA 2000 -2005 At -Risk Units housing stock preserve units Funds 11. Subsidizes the Continue program Department i provision of and establish Budget, RDA & 2002 P m Program Program affordable priorities for fund Housing Trust CDD housing expenditures. Funds Removal of Government Constraints 12. Land Assembles Assist in the RDA Set - Assemblage property to purchase and Aside, /Disposition encourage assembly of land Housing RDA 2000 -2005 /Acquisition affordable for housing Trust Funds housing and CDBG Provides Department 13. Regulatory regulatory Continue to Budget, and Financial assistance for provide RDA Set - CDD 2000 -2005 Assistance projects that regulatory Aside or address local assistance Housing housing needs Trust Funds Addresses local Continue to work RDA Set - 14. Assistance housing needs with CHDOs to Provide Aside, RDA & CDD 2000 -2005 to CHDOs by working with affordable Housing CHDOs housing Trust Funds Encourages Provide density 15. Density development of bonus and other Department Bonus affordable incentives for Budget CDD 2000 -2005 housing senior /low income housing 16. R -P -D Provide Continue to use Zone flexibility in designation to Department CDD 2000 -2005 Designation meeting local meet local Budget housing needs housing needs. Fair and Equal Housing Opportunity 17. Fair Provides fair 'Continue to Department Housing housing service provide fair Budget, CDD 2000 -2005 Services and implements housing services CDBG the City's Al. funds Summary of Goals Construction Rehabilitation Preservation Very Low Income 253 5 104 Low Income 146 70 0 Moderate Income 360 Upper Income 422 City of Moorpark 5 -17 Housing Element HOUSING PLAN City of Moorpark 5 -18 Housing Element CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 X NEGATIVE DECLARATION MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION: Adoption of a revised Housing Element 1. Entitlement: General Plan Amendment 2000 -02: Housing Element 2000 -2005 2. Applicant: City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Attention: John Libiez, Planning Manager /Advanced 3. Proposal: Amend the City General Plan by adoption of a revised Housing Element 4. Location: The project will affect property within the City of Moorpark 5. Responsible Agencies: None. II. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study, it has been determined that this project would not have a significant effect upon the environment. III. PUBLIC REVIEW: 1. Public Notice: Publication of a Notice in a newspaper of general circulation in the area. 2. Document Posting Period: 11/01/2000 - 11/30/2000 Initially Prepared on: October 24, 2000. Prepared by: John fibief, Planning Manager /Advanced October 24, 2000 ATTACHMENT 2 INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR Potentiall Less than y Significan Significan t t With Impact Mitigation Incorporat ion AESTHETICS a) Have a substantial adverse effect on ❑ El a scenic vista? Less No Impact than Signific ant X ❑ b) Substantially damage scenic resources, including, but not limited v to, trees, rock outcroppings, and F] El El X historic buildings within a state scenic highway? c)Substantially degrade the existing ❑ El El X visual character or quality of the site and its surroundings? d) Create a new source of substantial ❑ El ❑ light or glare which would adversely affect day or nighttime views in the area? AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland, Unique ❑ ❑ ❑ v Farmland, or Farmland of Statewide 1� Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for ❑ F-1 El X v agricultural use, or a Williamson Act contract? c)Involve other changes in the existing F1 ❑ a v X environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project? a) Conflict with or obstruct a 1:1 El implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ 1:1 contribute substantially to an existing El or projected air quality violation? c)Result in a cumulatively considerable 1:1 El net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to r-1 El � El substantial pollutant concentrations? e) Create objectionable pdors El El F1 affecting a substantial number of people? BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, ❑ � ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? i u 01 7 1:07 FE] Do e) Conflict with any local policies ❑ ❑ ❑ or ordinances protecting biological resources, such as a tree preservation policy or ordinance? F07 X X f) Conflict with the provisions of an ❑ � � X adopted Habitat conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change D El El X in the significance of a historical resource as defined in §15064.5? M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc b) Cause a substantial adverse change ❑ in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a ❑ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including ❑ those interred outside of formal cemeteries? GEOLOGY AND SOILS -- Would the project:: El El X El 1:1 X El El X a) Expose people or structures to El 1:1 X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, ❑ El ❑ X as delineated on the most recent Aiquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ X ❑ El iii) Seismic - related ground failure, X ❑ including liquefaction? iv) Landslides? ❑ X ❑ ❑ b) Result in substantial soil erosion 1:1 El X or the loss of topsoil? c) Be located on a geologic unit or � El X soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc collapse? d) Be located on expansive soil, as 1:1 X El El defined in Table 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ F1 ❑ X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the F1 public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle ❑ hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 101 M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc X X ❑ El X El 1:1 X El ❑ X f) For a project within the vicinity ❑ 1:1 El X of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or F-1 ❑ F-1 X physically interfere with an adopted emergency response plan or evacuation plan? h) Expose people or structures to a El El X El significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards 1:1 El El X or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table levels (e.g. the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) ? c) Substantially alter the existing X drainage pattern of the site or area, ❑ ❑ ❑ including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on, or off -site? d) Substantially alter the existing 1:1 El ❑ X drainage pattern of the site or area, M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water 1:1 El El X which would exceed the capacity of existing or planned storm drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade El � El X water quality? g) Place housing within a 100 -year ❑ flood hazard area as mapped on a Federal Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard ❑ area structures which would impede or redirect flood flows? i) Inundation by seiche, tsunami, or mudflow? j) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) X El ❑ 1:1 1:1 X q MN M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc ❑X El x El x adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any Habitat � 11 El X Conservation Plan [HCP] or Natural Community Conservation Plan [NCCP] ? MINERAL RESOURCES -- Would the project: a) Result in the loss of availability 1:1 El El X of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability F] El El X of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE -- Would the project result in: a) Exposure of persons to or generation ❑ a X of noise levels in excess of standards El established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation ❑ El X of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project El vicinity above levels existing without the project? d) A substantial temporary or periodic 1:1 X E] increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ � X airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity ❑ F] El X of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth ❑ in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) . Displace substantial numbers of a existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in ❑ substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new, or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc El X ❑ X `i Fire protection? F F-1 X X 0 0 have an adverse physical effect on the environment? TRANSPORTATION /TRAFFIC -- Would the project: a) Cause an increase in traffic which 1:1 El X is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or ❑ 1:1 cumulatively, a level of service X standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic El El El X patterns, including M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due ❑ 1:1 El X to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) ? e) Result in inadequate emergency ❑ ❑ El X access? f)Result in adequate parking capacity? ❑ X g) Conflict with adopted policies, � F1 � X plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or, expansion of existing facilities, the construction of which could cause significant environmental effects? FN- FE] El El X ❑ El X El El X d) Have sufficient water supplies ❑ ❑ ❑ X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc e) Result in a determination by the ❑ � ❑ X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with � ❑ ❑ X sufficient permitted capacity to accommodate the project's solid waste disposal needs? MANDATORY FINDINGS OF SIGNIFICANCE Fotsntiall y Less than Signi nifican Loan No Impact than Significan t Signific t With ant Impact Mitigation Incorporat ion a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of, other current projects, and the effects of probable future projects) ? FE- 701 Iff FE] X FE F-01 X c) Does the project have environmental F"l El El v X effects which will cause substantial adverse effects on human beings, either directly or indirectly? M:\ JLibiez \M \CEQA \INITIALSTUDYCHECK LISThsnge12000.doc CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT COMMENTS RELATED TO INITIAL STUDY CHECKLIST HOUSING ELEMENT 2000 -2005 PROJECT DESCRIPTION: This project consists of the review and consideration for adoption of a revision to the City General Plan Housing Element consistent with requirements of Article 10.6 Section 65580 through 65589.8 of the Government Code of the State of California. Local jurisdictions are required by law to revise local housing elements every five years. The proposed element proposes policies and strategies to enable the City to provide housing for all economic segments of the community. It defines the community's fair -share of the regional housing needs and suggests measures which may be taken to achieve the target needs analysis. CHECKLIST RESPONSES: Aesthetics: a. /d. The housing element will allow through identified sites potential for visual resource interference. However, the Land Use and Open Space Elements provide mechanisms to reduce impacts to visual resources of the community through site analysis and mitigation such as ridgeline protection. Development of new housing units will cumulatively add to the potential for light and glare. The City recently adopted lighting design and construction standards that aid to control unwanted or errant lighting and has subjected residential planned developments to those criteria. Agricultural Resources: No prime or regionally significant agricultural lands are affected as all housing development sites exist within the urban limits of the city. Air Quality: b. /d. Development of some housing units may occur on land that lies in proximity to freeway and highways serving the city thereby potentially exposing some sites to greater levels of pollution than others. Development of housing may contribute incrementally to increases in basin air quality degradation, however the need for adequate housing and significance of this need state wide provides sufficient offset to the incremental cumulative effects. M:\ JLibiez\ M\ CEQA\ HsngElementInitialStudyComment .doc Initial Study Comments Housing Element 2000 -2005 Page 2 Biological Resources: b. Development of housing stock within identified undisturbed areas of the community places pressure upon biological resources. The city's development review process incorporates requirements to evaluate species and resource issues such that resulting impacts be less than significant. Cultural Resources: Application processing and review procedures provide for the identification and mitigation of potential impacts for local /regionally significant resources. No impacts are anticipated. Geology and Soils: a, b, c, d. Southern California and the Simi Valley area are active seismic areas. The community contains active faulting such as the Santa Rosa fault and a variety of non - active fault areas identified by geotechnical studies. Areas susceptible to land slides, liquefaction, erosion, and expansive soils have been identified and are known to exist within this region. The city requires extensive geotechnical studies and analysis to insure projects are not subject to these impacts or that these impacts can be mitigated to less than significant. Hazards and Hazardous Materials: h. Portions of the city contain barrancas and steep slopes which have extensive stands of natural riparian and scrub communities. These interface with developed or developing housing locations. Developments are reviewed by fire protection personnel and conditions to mitigate potentially significant impacts are provided to each development project. Hydrology and Water Quality: g, j. Several developable properties suitable for housing lie within the 100 year storm flood area. The Wood Ranch Reservoir located in the hills within the Zity of Simi Valley has been identified as presenting a potential for dam inundation hazard to property down stream including some of the Moorpark housing areas. Periodic inspections and reports are required to insure the structural integrity and the risk of complete failure is low to nil. There can be no mitigation for a cataclysmic event. Land Use and Planning: The housing element works in consort with the land use element to identify suitable sites for housing development. The city has provided sufficient lands in various categories and Initial Study Comments Housing Element 2000 -2005 Page 3 densities to accommodate a diversity of housing. No impacts are anticipated. Mineral Resources: No mineral resources existing within the city are developable without creating severe impacts to established neighborhoods or developing residential site. Regional mining is occurring within the county adjacent to the city and provides needs to the building /construction industries. No impacts. Noise: a, c, d. Some future housing locations exist in close proximity to regional highways and may be subject to noise intrusion. The city requires acoustical studies and siting determinations which minimize exposures. Construction of housing results in short term increases to noise levels in areas of the community above the ambient levels that may exist. Enforcement of the community noise element and ordinance provide mitigation to reduce potential impacts to less than significant. Population and Housing: a. The purpose of the housing element is to propose strategies for the development of housing to serve the various community income levels. This occurs through complementary interaction of the land use element and the community zoning code and building codes. As a result increase in population will occur. The general plan build out capacity considerations insure that this growth is balanced to the ability to provide services. Public Services: a. Production of the potential housing units prescribed by the housing element could have an effect on the provision of services. The city carefully considers the ability of the service providers to meet the expectations of the proposed development and requires that service providers advise willingness and ability fto serve as well as provide conditions to insure that the services can be delivered adequately. Recreation: a. The city maintains an active parks development and planning function that considers the need for new facilities, expansion of facilities or the need for off - setting private facilities to insure recreational experiences for all citizens. Initial Study Comments Housing Element 2000 -2005 Page 4 Transportation /Traffic: No impacts directly related to the adoption of the housing element will occur. Utilities and Service Systems: Currently regional service providers and utility companies have indicated that the general plan capacity for development can be met. No impacts are anticipated. Mandatory Findings of Significance: a. While potential exists to have proposals for housing upon property which may contains species of special interest sufficient procedural requirements are in place to assure all sites are adequately surveyed and mitigation requirements adopted to reduce possible impacts to less than significant. � City of Moorpark ITEM Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: August 27, 2001 AGENDA ITEM NO.: FPM 5316 PARCEL MAP TO CREATE TWO LOTS APN 506 -0- 050 -470 CEQA Categorically Exempt APPLICANT: USA Properties Fund, Inc. REQUEST: Subdivision of a 325,178 square foot parcel of land into two parcels of 87,085 and 238,093 square feet. Planning Commission action to approve the Parcel Map is final unless appealed. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA) an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and it has been determined that the proposed parcel map is exempt from the requirements of CEQA as a Class 15 Exemption. LOCATION: Located south of Los Angeles Avenue, north of the Arroyo Simi, and east of Park Lane. Recommendation Summary: Approve with conditions. BANK -�- 4 <> I -1 O ,a: WJJ i I � F. WW V .10 VfO I ` MCC !' : � O a ` U ERT-Y BEtt R - Recommendation Summary: Approve with conditions. Parcel Map No. 5316 (USA Properties Fund, Inc.) Planning Commission Staff Report Page 2 BACKGROUND AND PRIOR ACTIONS: As part of the Development Agreement between the City of Moorpark and Archstone Communities approved by the City Council (Ordinance No. 259) on June 2, 1999, Archstone Communities is required to improve a portion of Park Lane from approximately one hundred twenty (120) feet south of Los Angeles Avenue to the intersection with the east /west street (Park Crest Lane). Archstone is also required to construct Park Crest Lane between Moorpark Avenue and Park Lane as a mitigation measure to respond to impacts on circulation at Moorpark Avenue and Los Angeles Avenue resulting from the Archstone project. Archstone Communities (RPD 97 -1) is a 312 -unit apartment complex on property located on the west side of Moorpark Avenue, south of Los Angeles Avenue and north of the Arroyo Simi. On May 29, 2001, USA Properties applied for Pre - Screening Pre - Application No. 2001 -01 requesting a change in the land use designation on this property and on an adjacent 4.33 acres to the west of the subject property from C -2 (General Commercial) to VH (Very High Density) . That proposed project involves a 176 unit senior citizens apartment project on approximately 9.48 acres adjacent on the west of the Archstone apartment project. The Pre - Screening Pre - Application is being reviewed for submittal to the Affordable Housing /Community Development Committee for a recommendation to the City Council concerning initiation of a General Plan Amendment. GENERAL PLAN /ZONING AND USES: Direction General Plan Zoning Land Use Site C -2 CPD Undeveloped North C -2 CPD Shopping Center South OS -2 OS Flood Control Channel East VH RPD Archstone Apartments West C -2 CPD Bank,residence, church,carwash, hot house Explanation: General Plan:C -2 = General Commercial VH = Very High Density Residential OS -2 = Open Space 2 Zoning: CPD = Commercial; Planned Development RPD = Residential Planned Development OS = Open Space C: \WINNT \PROFILES \LSTRINGER \TEMPORARY INTERNET FILES \0LK1E \REP0RT.PC.D0C Parcel Map No. 5316 (USA Properties Fund, Inc.) Planning Commission Staff Report Page 3 ORDINANCE /POLICIES: The Subdivision Ordinance which was adopted to implement and supplement the California Subdivision Map Act and govern the filing, processing and approval of subdivisions. PROJECT DESCRIPTION: The subject parcel map proposes to divide 325,178 gross square foot parcel into two parcels as follows: PARCEL A 87,085 sf 2.00 acres (gross) 69,770 sf 1.61 acres (net PARCEL B 238,093 sf 5.46 acres(gross)175,709 sf 4.03 acres (net) TOTAL 325,178 sf 7.46 acres(gross) 245,479 sf 5.64 acres(net) The two parcels created from this subdivision will be separated by the proposed east /west street (Park Crest Lane) with Parcel A (1.61 net acres) which is approximately 481 feet long and varies from 102 feet to 202 feet wide) and Parcel B (4.03 net acres) which has an average length of approximately 950 feet and is 250 feet wide. DISCUSSION: Division of the subject property into two parcels through the construction of a new east /west roadway will change both the future development pattern of this area as well as the circulation. Access to Parcel B which is adjacent to the Arroyo Simi will occur from Park Lane or Moorpark Avenue to the proposed street of Park Crest Lane. Access to Parcel A will continue from Los Angeles Avenue and Park Lane and will also be available from Park Crest Lane. Park Crest Lane is proposed with a sixty eight (68) foot right -of -way with fifty two (52) feet curb -to -curb and will be fully improved along the subject parcel as a result of this application, however improvements to provide two lanes of traffic flow and adequate drainage has been required for the Archstone apartment project. Improvements on the balance of the street area to be dedicated will be the obligation of this applicant. Public Improvements Necessary right -of -way for a portion of the Park Crest Lane street connection to Park Lane will be provided through the processing of this Parcel Map. Completion of the required street improvements by Archstone Communities was contingent upon the City obtaining the necessary real property. This Parcel Map provides the City the opportunity to obtain the necessary right- C: \WINNT \PROFILES \LSTRINGER \TEMPORARY INTERNET FILES \0LK1E \REP0RT.PC.D0C Parcel Map No. 5316 (USA Properties Fund, Inc.) Planning Commission Staff Report Page 4 of -way, as the City Engineer has conditioned this subdivision to dedicate street rights -of -way for both Park Lane and Park Crest Lane. The widths and alignments of the street right -of -ways are subject to the satisfaction of the City Engineer. As shown on the Parcel Map, Park Crest Lane is proposed to have a sixty eight (68) foot right -of -way. Archstone Communities will be completing construction of Park Lane on its east side from approximately one hundred twenty (120) feet south of Los Angeles Avenue to the intersection with Park Crest Lane. Any additional street improvements along the street frontage of either Park Crest Lane or Park Lane not being completed by Archstone Communities will be addressed through the review of a development permit for Parcel A and B. Alianment of Park Crest Lane with Unidos Avenue As depicted on the Parcel Map, the alignment of Park Crest Lane at it's intersection with Park Lane creates the opportunity for a future connection of Park Crest Lane easterly of Unidos Avenue. If the connection of these two streets is implemented, a parallel route to Los Angeles Avenue between Moorpark Avenue and Leta Yancy Road (formerly Liberty Bell Road) would result. Currently, the extension of Park Crest Lane would impact the Faith Lutheran Church on Park Lane if a full width right -of -way were implemented. Studies have been provided to the City Engineer that allow a reduced travelway connection of Park Crest Lane to Unidos avenue that avoids impact to the existing church structure. Although the potential connection between these two streets has been planned for, implementation will not occur until review and approval by the City Council. This will occur through the review of the Residential Planned Development Permit process for the USA project. Conformance with General Plan The requested land division is consistent with the existing General Commercial Land Use Designation and CPD Zoning on the property. Construction of Park Crest Lane will provide a buffer between existing commercial uses north of Park Crest Lane and residential uses such as the Archstone Communities apartment project located south of Park Crest Lane. As mentioned previously in this report, this entire property has a General Plan land use designation of C -2 with CPD zoning. With the construction of Park Crest Lane, the commercial land use designation if implemented on Parcel B would result in development incompatible with residential uses to the east and west of this site. An amendment of the Land Use Element of the General Plan and a Zone Change for Parcel B to a residential designation should be required as a condition of this request. C: \WINNT \PROFILES \LSTRINGER \TEMPORARY INTERNET FILES \OLK1E \REPORT.PC.DOC Parcel Map No. 5316 (USA Properties Fund, Inc.) Planning Commission Staff Report Page 5 The Pre - Screening Pre - Application submitted by USA Properties is the first step in consideration of a General Plan amendment that could change the land use of Parcel B to residential. RECOMMENDATIONS: 1) Open the public hearing, receive public testimony and close the public hearing. 2) Determine that the proposed use is exempt from CEQA as a Class 15 Exemption. 3) Adopt Resolution No. PC 2001- approving Tentative Parcel Map No. 5316. Attachments: 1. General Plan Map 2. Zoning Map 3. Draft Resolution 4. Draft Conditions of Approval S. Parcel Map 5316 C: \WINNT \PROFILES \LSTRINGER \TEMPORARY INTERNET FILES \0LK1E \REP0RT.PC.D0C �1 fA ,11 i AS r is li ILO �.1 9AM146 40 1111■ ■ i soon .m.vs�i Y� sf•� a 1. rTr:'V w• rte-+ ci ,,.J -GIs ■:w M" 1 12=101 -��••� -' ..:,.r.._ , . ate .... —..� . :M3/8l /2111111 /ts' i 1111111:1:. •�� cEit�:�:/,.�a1/11• Ammon I e t.P1fn /1,�■ 4� , >•,� •.-� �� PP11111...-- .tac�c� -��sc��1 ■ i■�� -- ..� OEM FAME 1�0■ :111. • rt • C .� ■ ■�t ~'1 owl .7.a / ^i M4 ;�: w .. 21 RS 9 1A ■1� ��...Ia .1 ..1 , . - -. ,., .. -44 �1. ! . f, sb �•ccf/ Isom .. /1�/�� 11 �. /lLIIf11111111tf = I t t � ! �■ 1 - IIIII1fIL11111111 _ - ;s_L; ' 1 Ono " 1 ■ �- r ...11111111111111111: 1P MIAMI . ..r. i.aa... tifi:l:IlI11 *: 1111111111. ••m.-.•., OCZ a Eun +- � : �. —.�� Wit• � ;;Z:1// / -`••r ,���•, - + • , 1111 ��' � \ !� ;;i'il CSI_, ' ♦�i %/ T;k :�.���,�'�`i lilt C 7/, �0 1 IV - - ..a fj �js �� •�i1111�. i.�E1��� -: Will M;1" ■ .� _A dW- 16 goggle 1- Biagio lot o AL w � � = .1112, - 1,ITi111�•1! �� .�ttllll /•.� = . ... ; �,. II IIII11111Uf1 /1111111111• • • --- _,��.. �. �t .. 1 �1L — -- — — r �.i �♦ /1111/111 tlllllli� met _. -� -- -- - -= -- i11l %��ttil� Illlll�!i :: �,` ♦.�`'�:�`1111��11�1��1111 I will now - :-- :� -� -- -fir • n J �� t:l:::�• :� 1[F! itFl::� • _�.��1111111. =1 ■ � •,,, J 144 gill 1111�1'J:• •1111 .ass r . i�ii�.iii'�11� �i• �t1111�•� aj ���♦♦♦ ��� �r4�k •�`� .1111 /A�.��� �If�►�� �•�. •�� � �� ttnit11HIM ■►#1111 I 41. ►�1 ... ♦�i .► �� ���� �� 1 / /���� ��Illill�lill�It�/�a11 .t►114444.11►�� ♦ ,�11 /��t� ���/ op WS lip r ♦ �Q�• ► +�r A � �:�1111111 /LI!!�l111�1 �F��• �•I���i� L �� ■�..�� DO �/ 1111111111- Iilllillt'�Cf,�����.�• �!.:� �_����.•.� � ���! D1 W13 RESOLUTION NO. PC -2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA APPROVING PARCEL MAP NO. 5316 FOR THE SUBDIVISION OF APPROXIMATELY 325,178 SQUARE FOOT PARCEL OF LAND ON ASSESSOR PARCEL NO. 506 -0- 050 -470 INTO TWO PARCELS OF 87,085 AND 238,093 SQUARE FEET LOCATED SOUTH OF LOS ANGELES AVENUE, NORTH OF THE ARROYO SIMI AND EAST OF PARK LANE ON THE APPLICATION OF USA PROPERTIES FUND, INC. WHEREAS, at a duly noticed Public Hearing on August 27, 2001, the Planning Commission considered Parcel Map No. 5316 on the application of USA Properties Fund, Inc. for the subdivision of approximately 325,178 square foot parcel of land into two parcels of 87,085 and 238,093 square feet located south of Los Angeles Avenue, north of the Arroyo Simi and east of Park Lane (Assessor Parcel No. 506 -0- 050 -470; and WHEREAS, at its meeting of August 27, 2001, the Planning Commission opened the public hearing, received public testimony, and closed the public hearing. WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report, the Exemption from California Environmental Quality Act (CEQA), and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission further finds that pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment, and that based upon review, it was found that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 15 Exemption. A class 15 Exemption consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when: The division is in conformance with the General Plan and zoning; neither a variance or exception is required; all services and access to the proposed parcel to local standards are available; the parcel was not involved in a division \ \MOR_PRI_SERV\ home _folders \PPorter \M \pm5316 \pc pmres.doc Modified: 08/23/01 ATTACHMENT 3 RESOLUTION NO. PC -2001- Parcel Map 5316 Page 2 of a larger parcel within the previous two years; and the slope does not have an average slope greater than twenty (20) percent. SECTION 2. That the Planning Commission adopts the following additional findings: Subdivision Map Act Findings: Based on the information set forth above, it has been determined that Parcel Map No. 5316, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the General Plan. 2. That the design and improvements of the proposed subdivision is consistent with the General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. \ \MOR_PRI_SERV\ home _folders \PPorter \M \pm5316 \pc pmres.doc Modified: 08/23/01 RESOLUTION NO. PC -2001- Parcel Map 5316 Page 3 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 3. That the Planning Commission approves Parcel Map No. 5316 subject to the Conditions of Approval in Attachment A. The action of the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 27th DAY OF AUGUST 2001. Janice Parvin, Chairman ATTEST: Celia LaFleur, Secretary to the Planning Commission ATTACHMENT A: Conditions of Approval for Parcel Map 5316 \ \MOR_PRI_SERV\ home _folders \PPorter \M \pm5316 \pc pmres.doc Modified: 08/23/01 A. GENERAL ADMINISTRATIVE /POLICY CONDITIONS: 1. Application of City Ordinances /Policies: The conditions of approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Acceptance of Conditions: Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Director of Community Development. 3. Expiration of Map: This Tentative Parcel Map shall expire one (1) year from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the Tentative Parcel Map. 4. Hold Harmless: The subdivider 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 the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider 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, Page 1 TIMOR_ PRI— SERVlhome— folderslPPorteAWm53161CONDITIONS OF APPROVAL c.doc Revised on 8122120019:14:15 AM ATTACHMENT 4 the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i) The City bears its own attorney fees and costs; ii) The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or parcel map is ultimately recorded with respect to the subdivision. 5. Severability: 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. 6. Computer Aided Mapping System: The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Image Conversion of Plans: Prior to recordation, the subdivider, shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 8. Outstanding Case Processing Costs: Prior to recordation, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The applicant, permittee, or Page 2 M:IPPorteWpm53161CONDITIONS OF APPROVAL c.doc Revised on 8/23/200110:16:42 AM successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of Tentative Parcel Map. B. CITY ENGINEER CONDITIONS: 1. The Developer shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 2. Prior to approval of the Parcel Map, the proposed alignment of the boundary between lots A and B shall be completed to the satisfaction of Director of Community Development and the City Engineer. 3. No improvements on lots A or B created by the recordation of the Parcel Map will occur without first processing a development permit. through the City of Moorpark. 4. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County water Resources Development Department. 5. This project shall not create any non - conforming lots in violation of the Map Act or local ordinances. 6. The Developer shall dedicate street rights -of -ways for Park Lane and Park Crest Lane to the City free Page 3 MAPPorterlMlpm53161CONDITIONS OF APPROVAL c.doc Revised on 81231200110:16:42 AM and clear of all liens and encumbrances. The widths and alignments of the street right -of way will be to the satisfaction of the City Engineer. 7. The Developer shall monument all street centerline and lot corner locations to the satisfaction of the City Engineer. 8. Prior to recordation, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage roads of the site. 9. Title Report: The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 10. Calleguas Release. Prior to recordation, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 11. Unconditional Availability Letter. Prior to recordation, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each Page 4 M:1PPorteAWm53161CONDITIONS OF APPROVAL c.doc Revised on 81231200110:16:42 AM lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. C. COUNTY OF VENTURA WATERWORK'S DISTRICT CONDITION: 1. The applicant shall comply with the standard procedures for obtaining domestic water and sewer services for developer's projects ,within the District and comply with the applicable provisions of the District Rules and Regulations. Page 5 M:1PPorteAWm53161CONDITIONS OF APPROVAL c.doc Revised on 81231200110:16:42 AM 4w ftr von - NW lie Aftb AN �illillillilljl W. AW .............. ................... '41 ci Zil. lw y Now WC iq Ny Waft voilm %Oka AlAft f 14A -1 j. F4 91 10 I TI'EM q6A 0 CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Wayne Loftus, Director of Community Development T DATE: August 23, 2001 (PC Meeting of 8/27/01) SUBJECT: Status of Graphics for OSCAR Element Update Attachment No. 2 to the Agenda Report concerning the Workshop for the OSCAR Element Update consists of placeholders for six (6) graphics currently being prepared. Technical difficulties have prevented the graphic from being included in this packet. It is uncertain whether they will be available for the Planning Commission meeting on August 27, 2001, but will definitely be available for the public hearing proposed for September 10, 2001. S: \Community Development \Everyone \Planning Commission Agenda Reports \pcmemo.OSCAR.8.23.0l.doc TO: From: DATE: SUBJECT: CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT The Honorable Planning Commission Wayne Loftus, Director of Community Development4e Prepared by: John Libiez, Planning Manager /Advanced BACKGROUND August 13, 2001 (Planning Commission Meeting of 8/27/01) CONSIDER A CONTINUED WORKSHOP TO DISCUSS THE OSCAR ELEMENT GRAPHICS AND MINOR TEXTUAL CHANGES The Planning Commission initiated a public workshop at the meeting of June 25, 2001, to consider revised text (legislative format) for the OSCAR Element. The workshop was continued to the August 27, 2001, meeting. The purpose of the continuance was to allow staff additional time to develop proposed graphics and to complete final suggestions for text revisions. Attached to this report is the final suggested text that incorporates and addresses all comments received to date. Draft graphics are also included for consideration. DISCUSSION In designing the update to graphics for inclusion within the OSCAR, staff and the consultant sought to build upon the graphic style of the Safety Element as previously adopted. It was determined that the format used in the Safety Element lent itself to reproduction and revision such that consistent appearance could be maintained between elements. The style incorporates in part colorized topographic maps and is keyed and coordinated to the community planning area. The following is the suggested listing and brief description of the OSCAR graphics as prepared by staff and the consultant. \ \MOR_PRI_SERV \City Share \Community Development \Everyone \General Plan Elements\ OSCAR\ oscargraphicsstfrprtPC8 .27.d2.doc Planning Commission Agenda Report - OSCAR Element August 27, 2001 Page 2 The presentation in this list is not intended to be the specific order of appearance within the OSCAR. A. Planning Context Map This graphic shows the relationship between the City's Sphere of Influence line, the City Urban Restriction Boundary (CURB) as established by Save Open Space and Agricultural Resources (SOAR) , and the Area of Interest Boundary as established by Ventura County for the City of Moorpark. The latter constitutes the city's planning area as permitted under General Plan law. B. Significant Visual Resources This graphic identifies the major ridgelines from which development is restricted and sets the viewscape for the valley floor. This graphic is consistent with the Hillside Management Ordinance. C. Natural Open Space Preservation Areas /Habitat Connectivity This graphic provides a clear identification for all lands dedicated by conservation easement or Habitat Conservation Plans (HCP). D. Existinq and Proposed Parklands and Facilities This graphic, within the OSCAR, supplements the Parks and Recreation Master Plan by identifying and including these community resources. Color and pattern differentiate existing and proposed facilities. E. Approved /Proposed Open Space Properties within Moorpark Similar to the above graphic, this figure will identify properties committed to open space use as contained in adopted General Plan Amendments, Specific Plans, regional watershed or drainage plans, or county /regional open space.plans that have direct relationship to the future growth of the City. \ \MOR PRI SERV \City Share \Community Development \Everyone \General Plan Elements\ OSCAR\ oscargraphicsstfrprtPC8 .27.d2.doc Planning Commission Agenda Report - OSCAR Element August 27,2001 Page 3 F. Sianificant Agricultural or Mineral Resources with the City and its Planning Area This graphic depicts known resources for agricultural and mineral extraction within the City or it's planning area. Existing greenbelt areas are designated and potential greenbelts or buffers identified. Issues related to the OSCAR can be considered complete with the consideration of the graphics and the language changes presented in legislative format as attached. Commissioners should provide staff and the consultant final direction for corrections /inclusions and direct that staff prepare the public hearing notice and the resolution for recommendation for adoption of the revised Element to City Council for the September 10, 2001, Planning Commission meeting. RECOMMENDATIONS 1. Conduct continued workshop and review' revised OSCAR language and suggested graphics and provide final comments and direction for corrections or inclusions thereto; 2. Direct staff to set a public hearing for the September 10, 2001, Planning Commission meeting. Attachments: 1. Final Draft OSCAR Update (legislative format) 2. Proposed graphics for OSCAR Update S: \Community Development \Everyone \General Plan Elements\ OSCAR\ oscargraphicsstfrprtPC8 .27.d2.doc r a �Aa CITY OF MOORPARK OPEN SPACE, CONSERVATION, AND RECREATION ELEMENT Prepared By: The Planning Corporation Santa Barbara, California 93120 (80S) 472 2266 (84,07- ) - 47z -- 2421 (firm-} AND With t the a't-an-2'e "'e-f THE CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT Wayne Loftus, Director of Community Development John Libiez, Planning Manager /Advanced Planning April 14, 2090 August, 2001 ATTACHMENT 1 CITY OF MOORPARK OPEN SPACE, CONSERVATION AND RECREATION ELEMENT 1. INTRODUCTION 1.1. Purpose and Scope The purpose of the Open Space, Conservation, and Recreation (OSCAR) Element is to provide the policy and strategy framework for enhancing the overall quality of life for Moorpark residents through effective management of open space lands, natural resources, and portions of the City programmed for low intensity development within the City's corporate limit. For areas outside of the City limit but within Area of Interest or adjacent to the City's Sphere of Influence e-r Area of — interes this Element supports a program of cooperation with the County, consistent with the adopted Meese -r land use initiatives and with previe:asly adopted open space preservation strategies (such as the Tierra Rejada Greenbelt Agreement). Such open space actions can provide a substantial and viable plan to provide for a perimeter of low intensity and open space lands which will be builtout with uses consistent with good planning buffering and intensity practices. The OSCAR Element of the General Plan was first adopted in 1986. Since adoption, a number of circumstances within and surrounding the City have changed which need to be -,dd„-,-,r�ed and require amendment to the OSCAR Element. Revised goals, policies and implementation — pregramsstrategies for this update of the OSCAR Element provide guidelines, programs, and standards which are consistent, or can be made consistent, with the City's Land Use Element , his — will lse being considered for amendmentbe — afRendea.1 Achieving consistency between the Land Use and OSCAR Elements of the General Plan is one of the primary goals- of this OSCAR Another goal is to incorporate new approaches to planning for the long term maintenance of a proper balance of open space 1 State of California Government Code Section 65300.5 states that the legislative intent of the "consistency" provision of state law governing General Plans is "that the general plan and element and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency." CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 2 and land uses within the City and its Sphere of Influence and Area of Interest . 2 Over the past decade and a half, the City has progressively implemented many of the primary policies contained in the 1986 Oscar. This implementation has involved (1) setting aside into conservation status (through easements or other mechanisms) valuable and unique riparian resources and habitats, (2) ensuring that the Arroyo Simi has retained it's natural state to the extent feasible while still enabling new development within the vicinity of this riparian area (but outside of the 100 year flood plain); (3) ensuring preservation of 250 of the land area included within Specific Plans is previded for open space or open space /recreational uses, (4) opposing developments in the City's Sphere or areas outside of the City's Corporate Limit which are inconsistent with OSCAR goals and policies, and (5) implementing Land Use Element and OSCAR Element policies designed to protect the environment. The 1986 Open Space, Conservation and Recreation Element (OSCAR) reviewed current conditions for the air, water, land, open space, recreation and energy resources as they relate to the conservation, preservation and management of resources. This update -GSGAR Element r—eyi 'i en while less ambitious, provides appropriate land planning supporting the Conservation Element mandatory resource protection goals. Recommendations 2 The mandatory components of a Conservation Element are limited to a conservation plan for the development and utilization of natural resources including surface water, soil, wildlife, minerals and other natural resources. In the case of the City of Moorpark, the applicable mandatory resources that must be considered include biological resources (vegetation communities and wildlife), riparian communities and surface waters and their management, and soil conservation. Other code cited mandatory conservation issues not relevant for Moorpark include forest management, fisheries biology, rninefaland mineral resources. Optional resources and issues which the Conservation Element may discuss include land and water reclamation, NPDES related topics, watershed protection, flood control, management of sand and gravel operations, and erosion protection. (Reference California Government Code Section 65302). Many OSCAR Elements prepared state- wWestatewide address a number of issues and topics not required by law. In the present City Conservation Element update, emphasis has been placed on legally required issues and therefore the revised Element is not expansive topically. The Government Code does not require mapping of natural resources or land use recommendations discussed in a Conservation Element or Open Space Element. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 3 for proper management of other non - mandatory natural resources, components included in the prior OSCAR, are included in the strategies. will be addressed in , future st,ddy dee-_raffient (cT- Resed:z-c issrr= 1i P_rperfe= City of Mee r1 Issues defined in the Open Space Element requirement set forth in the California Government Code are addressed in this �ri�ien update as well. The relevant portions of the Government Code are contained in Article 10.5 (Open Space Lands). The definitions contained in the Government Code have been adopted into this revised OSCAR Element. The intent of the state law is to ensure that cities and counties within the state recognize that "open -space land is 'a limited and valuable resources which must be conserved whenever possible, and to assure that every City and County will prepare and carry out open -space plans which, along with state and regional open -space plans, will accomplish the objectives of a comprehensive open -space program {Government Code Section 65562 (a)(b) }. Other important guidance provided by the State regarding open space planning include provisions in the Cede that both ministerial and discretionary approvals must be consistent with an adopted open space plan {Section 65567) and that local legislative actions must be consistent with an adopted "local open -space plan" {Section 65566). CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 4 2. LEGISLATIVE AUTHORITY FOR THIS UPDATE 2.1. Scope of City Planning Authority Regarding Open Space and Conservation Planning This OSCAR Element Te- viupdate outlines City goals, policies and programs for two state - mandated General Plan Elements (Open Space and Conservation) and also addresses one related optional Element (Recreation). The Legislative authorization for the preparation of these Elements of the General Plan is set forth in the California Government Code (Articles 5 and 10). The State of California recognizes that open space lands are valuable resources whose preservation, protection and enhancement must be planned since open space is essential for the maintenance of a decent quality of life in an urban or suburban environment. While other General Plan Elements concern issues such as proper land use, housing, safety, and circulation, the Open Space and Conservation Elements address resource management and environmental protection. The recreational spaee lands ,value of open space lands is also recognized in the Government Code. Other tributary functions of open space planning outlined in the Code include maintaining public health and safety and identifying areas that may contain hazards (e.g., earthquake faults, liquefaction prone flood plains, etc.). The statement of intent in the Government Code also recognizes that all natural resources are limited in extent, subject to degradation without proper planning, and that such natural resources can be viewed as part of an integrated ecosystem. Planning for the partial retention of open space and resource protection in urban and suburban settings is essential to the preservation of a quality living environment. 2.2. Definition of Open Space, Conservation and Recreational Resources Open Space Defined Since open space planning, designed to conserve resources, has consequences on hew land i-e— usesd, an Open Space Element must ultimately be consistent with the Land Use Element.,— It must provideli:i,g for the orderly transfer of information about resources to the overall vision statement for the City CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 5 refleeted in the Land Use Element and reflected on the Land Use Map. However, this consistency cannot neeessarily —be achieved instantly. Rather, consistency develops as gradual feedback from the process of implementing conservation and open space strategies outlined in the goals and policies section of the OSCAR Element is borne out in legislative acts and legislative planning either (1) enacted by the City or (2) in response to legislative acts taken by the City's citizens (through the initiative and referendum processes) . That Tt-he Government Code contemplates that time is an essential component of the consistency review process As reflected in the requirement to periodically update all Elements of the General Plan. One of the important purposes of this OSCAR Element Update is to lay the foundation for redesignating the governing land use intensity for property in the City affected by any adopted land use initiatives. California State Law defines open space land as "...any parcel or area of land or water which is essentially unimproved and devoted to an open -space use..." (Government Code Section 65560 {b}). Such uses are defined as being included in one of four categories including: ��(1) .....the preservation of natural resources, including, but not limited to, areas required for the preservation of plant and animal life...; areas required for ecological and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lakeshores, banks of rivers and streams and watershed lands; (2) open space used for the managed production of resources, including but not limited to, forest land's, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply; (3) open space for outdoor recreation, including but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and open— space reservations, including utility easements, banks of rivers and streams; trails and scenic highway corridors; CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 6 (4) open space for public health and safety, including, but net ';m;tednot limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality." Conservation Defined The word Conservation is not defined as precisely in the Government Code as the term Open Space. Conservation generally refers to planning for the long -term protection, enhancement, and maintenance of the natural environment. The mandatory components of a Conservation Element are limited to a conservation plan for the development and utilization of natural resources including surface water, soil, wildlife, minerals and other natural resources. The emphasis of the Government Code is on water resources and water supply. In the case of the City of Moorpark, the relevant applicable mandatory resources that must be considered include biological resources (vegetation communities and wildlife), riparian communities and surface waters and ground waters and their management, and soil conservation. Optional resources and issues that the Conservation Element may discuss include land and water reclamation, NPDES related topics, watershed protection, flood control, management of sand and gravel operations, and erosion protection. (Reference California Government Code Section 65302). Recreation Defined Under Section 65303 of the California Government Code, a Recreation Element is optional. The recreation component of the OSCAR Element is designed to complement the City's Master Plan of Parks and Recreation. However, the overall governing document for the implementation of recreational opportunities for the citizen's of Moorpark is the Master Plan of Parks and Recreation document. 2.3. Justification for Combining Mandatory and Non - Mandatory Elements into a Single Document Government Code Section 65301 permits the combining of Elements within a General Plan. Open Space, Conservation and CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 7 Recreation Elements are complementary and can be defensibly combined into one document. Since some of the types of resources that the State intended to be managed by the Conservation Element closely parallel the types of resources managed by an Open Space Element, combining these two Elements is sensible and can avoid unnecessary redundancy. As defined in state law, a Conservation Element is designed primarily to address surface and ground water, watersheds, and natural resources while the Open Space Element is ftamed by law to balance the four major categories of use to which open space lands may be assigned (preservation, managed production, recreation, public health and safety {i.e., risk reduction)). Since recreation is one of the defined uses for open space in the Government Code, it is consistent to subsume planning for recreation under the overall Open Space Element planning. Parks and other recreational facilities constitute one major type of open space resource defined in the Government Code. F , Wwhile the Conservation Element is legally defined to emphasize resource management, the Open Space Element is defined--to provide for the assignment of relevant lands to eertain categories of open space use. As such, the Open Space Element is closely linked to the land use classification process formalized in the City's Land Use Element_ and Tara Use Indeed, the Open Space Element should provide recommendations abeut heilias —to the use of the Land Use Element to -mrl =men }accomplish —the policies set forth in the Open Space Element. As outlined in this revision, Open Space, Conservation and Recreation planning efforts are designated as components of the OSCAR Element, which in its entirety, is designed to provide guidance for and compatibility with land use policies set forth in the Land Use Element of the General Plan. 2.4. Relationship of the Open Space, Conservation, and Recreation Element to Other Elements of the General Plan The OSCAR Element is most closely related to and should, as policy feedback occurs over time, be periodically modified to ensure consistency with the Land Use Element of the City of Moorpark. The Land Use and OSCAR Elements bath — provide policy guidelines related to natural resources (e.g., water, agriculture, soil preservation, mineral and wildlife resource management) and aesthetic, cultural and recreational resources (e.g., archaeological sites, parks, scenic areas and views). CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 8 The OSCAR Element is also related to the Land Use, Safety and Noise Elements since one aspect of the Open Space planning mandate in the Government Code is to find reasonable methods for properly designating areas which pose risks or hazards if developed. In general, the relationship of the Elements is based on the role of the OSCAR, which is designed to provide information and policy guidance about resource management and open space planning., — and Tt-he Land Use Element, --•hi is designed to define and determine future land uses. The OSCAR Element supports and subserves the Land Use Element by providing information and policy guidance about how best to configure the range of open space and conservation land uses included won the City's Land Use Map and in its Land Use Policies. 2.5. Planning Boundaries Referenced in the OSCAR Element There are five individual planning boundaries defined in the goals, policies, and programs discussed in this Element. These boundaries include the following city planning or jurisdictional perimeters inelu inn the Gi ty' _ : ➢ Corporate Limit (city boundary), ➢ Sphere of Influence, ➢ Area of Interest, ➢ City - County Greenbelt Agreement Areas and ➢ Community Urban Restriction Boundary (CURB). The Corporate Limit is the boundary of the City as it presently exists, as defined by the Local Agency Formation Commission ( LAFCO). Within this limit line, the City is the unit of governance which provides urban services to its residents. The Sphere of Influence may include land immediately contiguous to the present Corporate Limit. Statewide, the Sphere of Influence is a planning boundary that represents the expected ultimate limit of urbanization to be governed and served by the City. Both the Sphere of Influence and Corporate limit are boundaries that are subject to amendment, revision and adjustment under the Cortese -Knox Reorganization Act administered by the Local Agency Formation Commission ( LAFCO), the state agency responsible for defining the boundaries of cities, counties, and special districts throughout the state. Formal application to LAFCO is CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 9 necessary to amend these boundaries. Annexation is the process whereby lands outside of the Corporate Limit but inside the Sphere become formally incorporated into the City's domain. The City's Area of Interest, a planning boundary defined by Ventura County and governed by the Guidelines for Orderly Development, represents a larger region outside the City's Sphere within which no other City may be formed. As such, the Area of Interest primarily affects the County's ability to designate land suitable for urban development through the County's General Plan process. Within Ventura County, a City's Area of Interest may include one or more Greenbelt Agreement Areas. These agreement areas, which in Ventura County can be formed between a city and the county, between two cities, or between several cities and the county, are designed to provide (1) a political and legal constraint which makes the conversion of viable agricultural property to urban uses difficult and (2) a defined greenbelt which is designed to ensure that areas of open space and agriculture surrounding existing cities are preserved to provide natural and cultivated buffers between concentrations of urban use. Greenbelt Agreements can be redrawn and redefined by the parties to the Agreement without the participation of LAFCO. Land within the Area of Interest is governed and served by the County until annexed through a process which involves modification to the City's Sphere of Influence. In practice in Ventura County, the Area of Interest functions typically like a Sphere of Influence except that the County rather than LAFCO is responsible for the Area of Interest boundary definition and policy guidance within this Area. While the City's corporate limit and Sphere are not permanently fixed limits and may be amended, reshaped, and reformed, subject to approval by LAFCO, the Area of Interest is less precisely defined or regulated. The City's interpretation of this planning boundary is that it represents, in essence, the potential Spher-e —or Planning Area boundary for the City as determined by the Government Code. In practice, modifications to the City's Sphere of Influence are sometimes difficult to achieve given the legislative intent of LAFCO which is, in part, to preserve and protect viable agricultural lands. The County may (and has) approved developments within the City's Area of Interest which the CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 10 County has judged to be compatible with the intent of the ultimate urbanization of the City. Formal joint City /County management of the Area of Interest is supposed to be implemented through County adherence to its adopted Guidelines for Orderly Development. In addition to these planning areas, a 1998 land use voter initiative established a Moorpark City Urban Restriction Boundary (or CURB) which was defined as being coterminous with the Moorpark Sphere of Influence and City boundary as the 4-t- emiste-d existed on January 1, 1998. The City of Moorpark Sphere of Influence was established by LAFCO as coterminous with the incorporated boundary at the time of incorporation. With minor exceptions, the CURB boundary prohibits the extension of urban services to areas outside of the existing City Corporate Limit and prescribes a number of changes to policy language and text in the City's Land Use Element. The Initiative else essentially deleted build out guidance and other references to Specific Plan 8 text and tabular data contained in the Land Use Element. The CURB planning limit is silent on the County defined Area of Interest since this area has not been confirmed by or established by state law as implemented by LAFCO. Three of the six statements of purpose contained in the 1998, Moorpark land use initiative are designed to preserve open space, to conserve visual and environmental resources and protect both agricultural production and environmentally sensitive habitats. Therefore, at lea in conceptual intent, the initiative restates many of the City's OSCAR objectives but accompanies these restatements by restrictions on the process of acquiring the land base necessary to implement the policies, goals and intents of the OSCAR. In essence, the City's conservation and open space planning program is limited to lands contained within the City's present cC-orporate limit. Due to the Initiative's relative silence on the Area of Interest concept contained in the County's General Plan, some of the objectives of the OSCAR Element canes be ylewe be-- accomplished through cooperative agreements with the County to implement a sphere management policy. This issue is discussed in more detail in the introduction to the Goals, Policies, and Implementation Strategies section of this revision which follows. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 11 The relationship between the voter adopted CURB line and the City's Sphere is problematic. Electoral planning efforts such as the 1998 land use initiative cannot. preempt LAFCO modifications to the City's Sphere. The text of the Moorpark land use initiative adopted in 1998 recognizes the ultimate authority of LAFCO but, using the Implementation portions of the General Plan Land Use Element, specifically precludes the City from submitting applications to LAFCO that are not consistent with the CURB limit line. Interpretation of the competing significance of the CURB line and its relationship to Sphere Amendments and LAFCO approved annexations may ultimately require the intervention of the Courts for adjudication. While the 1998 land use initiative contains a procedure for amendment (Section 8.4), this process essentially prohibits modification of the adopted limit line and restricts the total area of potential adjustment to not more than 10 acres per year. The approximate location of the various planning boundaries discussed in the preceding area illustrated in Figure 1. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 12 Figure 1 Planning Boundaries in the City of Moorpark General Plan Study Area CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 13 3. OPEN SPACE 3.1. Introduction As defined in the Government Code and interpreted in this revision, Open Space is defined as undeveloped, vacant land which has been (in the present Land Use Element) or should be (in future revisions to this Element) be reserved either for (1) low intensity uses or (2) for dedicated open space uses defined by the Government Code (preservation, managed production, recreation, public health and safety risk reduction). Open space land uses can range from restricted undevelopable reserves where no development is permitted to passive or active uses such as low intensity residential use, parks, viewshed reserves, recreational facilities, and resorts focused on recreation. Some lands that presently appear to be "open space" in the sense that no development exists on the property, may be designated in the City's Land Use Element for development of various intensities. These apparent open space lands can be designated for residential, commercial, or institutional uses in the City's Land Use Element. Such lands may remain open and undeveloped until the City's housing or commercial development market sets in process actions by owners or developers to initiate build out of these lands. Such lands are open space only in the narrow sense that they have not yet converted to their planned urban use. Other lands designated in the City's Land Use Element should, for all intents, be consistent with the four (4) State Code defined open space uses (preservation, managed production, recreation, public health and safety risk reduction). For the purposes of considering how the OSCAR Element may support a reconsideration of the land uses defined in the Land Use Element and on the Land Use Map, a working definition of open space weed encompasses all land and /or water in an urban area not designated for urban use in the Land Use Element that has value for recreation, conservation, historic or scenic purposes. Existing developed land may also 'be suitable for certain open space uses enee present uses are reed ( e.g. upon conversion of existing un- builtout Laree- l sport ions —in areas of high density housing to public parks or private recreation areas. Implementation of this type of open space conversion could may require eminent domain or other forms of CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 14 acquisition by the City unless included within any development agreement. Open space protection in the City's General Plan yPlanni.ng Area (equivalent to the County defined concept of Area of Interest) is best accomplished through diligent efforts to ensure that development within the County remains consistent with the Guidelines for Orderly Development. Open space protection within the City's General Plan S.-.-iddly — Planning Area can be initiated by (1) defining areas which meet the State Code definitions of open space and (2) expanding the City's General Plan Land Use Map to provide land use designations for all lands within the City's General Plan Stiddy lanning Area (Area of Interest) . This e ffert is e fte referred t o stzat= - - - -- = as previding PlannIng Area e designatiens It is important to realize that the County's land use designations would still represent the code of governance for non - annexed lands within the City's General Plan Study Planning Area. For lands within the City's corporate limit, open space planning requires (1) adherence as feasible to the goals, policies, and programs contained in the City's OSCAR Element and (2) modifications to the City's Land Use Element Land Use Map to provide for a proper balance of open space uses which are consistent with the City's development code and other relevant law governing local government management of private land. 3.2. Existing Mechanisms for Open Space Preservation Since a zoning ordinance or development code conveys to landowners many basic rights regarding the disposition of land, preserving land permanently in open space - -if such conversion conflicts with existing land disposition rights- - may require, through one mechanism or another (discussed below), legislative actions to obtain the development rights for areas to be preserved. Alternatively, significant open space areas can be set -aside through the process of negotiating the configuration of major Specific Plans or development projects. In general, there are five (5) frequently used I mechanisms for the protection and preservation of open space CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 15 within the existing law and policy framework in the City of Moorpark. ➢ Open Space Zoning: The City's General Plan Land Use Element has designated a limited inventory of land as Open Space on the City's Land Use Element. The City's development standards allow for limited, low intensity residential development on most lands designe' designated as Open Space. Specific Plans: The City has used the legislative actions permitted under California Administrative Code sections governing Specific Plans to require conservation /open space and biological habitat reserves within the boundary of all —Specific Plans. Wi th the adoption of a 1998e —went voter approved land use initiative, this method of planning for and implementing Open Space land reservation programs for areas outside of the City's Sphere has been compromised and cannot be pursued ambitiously. ➢ Deed Restrictions /Conservation Basements: As a component of Development Agreements associated with various developments approved by the City Council, developers have agreed to set -aside significant environmental resources through the use of conservation easements and other legal protective mechanisms. ➢ Greenbelt Agreement Areas: The City has, in cooperation with the County of Ventura, the cities of Simi Valley and Thousand Oaks and relevant landowners, established a significant agricultural conservation and open space buffer between the City of Moorpark and these other cities through the establishment of the Tierra Rejada Greenbelt. Other greenbelt agreements can be established to virtually surround the City with agricultural protection agreements within the City's Area of Interest, an Sphere of Influence and /or Planning Area. ➢ Hillside Management Ordinance: The City's Hillside Management Ordinance has been established, eb-jeetives, —to provide as one objective, the €ems effective clustering of development on hillside properties toad preserveation --e= significant ridge systems or other topographic features defining the natural boundaries of the City o_r areas of si cgni fi can t aesthetic value. ➢ Regional Planning for Open Space Preservation: While not yet an effectively used strategic process for preserving open space surrounding the City directly, regional efforts by the Santa Monica Mountains CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 16 Conservancy, the Santa Monica National Recreation Area, the County of Ventura, and cities within the vi ewshed of the lands these regional agencies seek to protect, can provide significant open space protection for lands visible from the City which are partially or fully within the City's Area of Interest as dgfined by the County. 3.3. Additional Methods for Enhancing Open Space Preservation Other than potentially making minor amendments to existing codes and the City's Land Use Element and Land Use Map, the City does not need to make significant changes to existing regulations regarding open space to further preservation efforts pursued to date with two exceptions: (1) the zoning ordinance should be modified to provide enhanced density incentives in exchange for land conservation, particularly in hillside areas, and (2) the City should proactively seek conservation solutions using emerging methods of land protection (discussed briefly in the Implementation Strategies section of this revision). Although open space acquisition can provide benefits to a community, these benefits may require legislative action. And, _jIn the case of efforts to acct„_ l l 1, permanently acquire open space areas from private landowners, long term open space preservation may also include funding the direct costs of acquisition. Direct acquisition, however, is the least preferred and least creative of the solutions available to the City to provide for enhanced open space within the City's limit, Sphere, and Area of Interest. There are a variety of methods for expanding the inventory of open space in the City using legal mechanisms not presently pursued by the City. The purpose of this OSCAR revision is simply to refine the existing OSCAR goals, programs and policies. Determining whether a significant expansion of the City's open space preservation program is either desirable or achievable is not within the scope of this document and should be pursued as a part of the community's long range strategies including a detailed analysis of creative open space acquisition programs (including tax relief related solutions). CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 17 3.4. City Compliance with State Code Defined Components of Open Space Planning The importance of open space resources in the overall planning of the City should be based on priorities established by the citizens of the City of Moorpark as interpreted by the City Council. The purpose of the OSCAR Element is net to establish the priorities of the residents as City policy and guidance. The OSCAR Element incorporates is, rather, a review of the process of City compliance with State mandated General Plan definitions related to open space planning (Government r',-.,.e 65569Code 65560(a) through (b[41 1. Open space management efforts by the City, related to each of the four (4) sigtate -- defining open space criteria, are reviewed below. 3.4.1. Open Space for Managed Production In the City of Moorpark, managed production areas are defined either as (1) land used primarily for agricultural purposes or (2) lands that may in the future include activities related to the extraction of mineral resources. No active mineral extraction areas exist within the City at this time but significant active sources exist within the City's General Plan Planning Area. Open space lands for managed production include lands held in agricultural or farmland contracts, rural agricultural lands greater than 5 acres in size, and riparian zones which serve to replenish groundwater (primarily the Arroyo Simi) . Agricultural Resources with the potential to enhance or protect open space in the City include: (1) small scale agricultural properties, which are new e-r—in the future or through annexation, an (with adjustment /extension of the City's C-erpei- to T er — Sphere of Influence,— beeeme --in held=nt�c come within the City or City's jurisdiction; (2) agricultural lands under the protection of Greenbelt Agreements; (3) agricultural areas under cultivation within either the City's Sphere of Influence or Area of Interest. It is contemplated that agricultural lands within CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 18 the Sphere will ultimately convert to urban uses unless specific agricultural . reserves are established by property owner and /or the City. Agricultural lands within the Area of Interest would presumably remain committed to such production on a perffianent-long term basis; and, (4) agricultural lands placed in production on private open space within major developments. 3.4.2. Open Space for Preservation Several existing City legislative tools (Greenbelt Agreement Areas, Specific Plan open space set - asides, Hillside Management Ordinance cluster development incentives, lands preserved in Conservation Easement status through implementation of Development Agreements) exist to ensure that portions of existing hillsides and valley floor properties are set aside for both open space and conservation purposes. Areas suitable for preservation as open space include scenic road corridors, drainage areas /channels, and viewsheds that provide visual enhancement and pleasure which are worthy of preservation for aesthetic, historical, topographic, cultural or biological concerns. The every,: purposes of the effort to place some open space into long term preservation status- --i-aare: (1) to ensure tha t the urban environment is buffered by a greenbelt of natural vegetation, scenic value and agricultural activity; greenbelts assist in defining the scope and breadth of the urban area sueh the greenbelts surround; (2) to provide a sense of a I'visien of—physical boundary es-u to enable the City's citizens to visualize or sense that a certain natural domain, defined by prominent features such meti=;?-gas mountains, is the natural Ora Cher than 1 egal-� boundary of their home environment. — e_Such a sense of boundary is essential to such intangibles as personal identification with the City as a place to live; CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 19 (3) to ensure the protection of essential riparian corridors in the City which preserves a sense of relationship to water, the primary life source. -4-This includes major bl uel ine streams, ire -ng such as the Arroyo Simi in the Ci ty, which contain well established riparian corridors; (4) to plan for the long term preservation of habitat for wildlife and to preserve examples of the natural communities which comprise the setting for the built environment in the City. — _These efforts support the efforts to slow the on-going national process of rendering native plants and animals extinct. Planning and legal mechanisms available to the City for implementing these objectives are sufficient. In addition to those existing mechanisms referenced in the section titled Existing Mechanisms for Open Space Preservation, two (2) of the Planning Area Boundaries referenced — beve, the Sphere of Influence and the Area of Interest (or General Plan Study Area), can assist in implementing open space preservation goals. Since development intensity in these areas is limited, lands within these two (2) types of Planning Areas can function as interim open space resources (in the case of the Sphere) and as permanent open space (within the Area of Interest). Simply by defining the limits of urban development properly^ and ensuring that development is consistent with the rules and regulations governing these Planning Areas, significant open space, either for managed production or preservation, can be retained without further effort or action by the City. Additional efforts to preserve open space can be achieved by establishing a Rural Estate Reserve (RER) designation in the City's Land Use Element and Zoning Code and assigning this designation to appropriate properties on the City's General Plan Land Use Map. Creating this new designation is designed to implement the citizen decision - making set forth in the 1998 adopted initiative. The purpose of this Rural Estate Reserve designation is to provide an appropriate designation for lands affected by that initiative. This land use designation would provide for (1) retaining the open space uses and values of lands affected by that initiative until such lands may be CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 20 developed consistent with land use policy to be provided in amendments to the Land Use Element. The minimum lot area for the RFC— designation would be twenty (20) acres. Other constraints and opportunities related to this designation are defined in Policies 8.1 through 8.4 of this Element. The incorporation of this new RER designation into the City's Land Use Element, Land Use Map and OSCAR is reeeee fwRen ee to furthers the objectives of open space preservation. The recommended distribution of this designation in relation to the City's Area of Interest and Sphere of Influence is illustrated in Figure 2. 3.4.3. Open Space for Recreation The California Government Code defines recreation as an I essential use of Open Space lands. Recreation - oriented open spaces include local, regional, state and national parks. Open space reserved for recreation must sheiard—be carefully coordinated with county, state, and federal efforts to secure and preserve open space lands within the greater Santa Monica Mountains National Recreation Area. Recreational lands may be public or private, and may provide either passive or active recreational opportunities in the interest of public recreation and leisure enjoyment. Recreationally oriented open space facilities include recreational access routes, scenic roads, bicycle trails, hiking and equestrian trails. Most of these trails, routes and roads all involve extensions beyond the City's corporate limit into the Sphere of Influence, Area of Influence, and land within the unincorporated area in the sub - region. 3.4.4. Open Space for Risk Reduction The California Government Code states that one (1) important aspect of open space planning is the identification of areas of potential risk to the public associated with development which should be placed in land use categories designed to provide special protection and limited potential for build out. The existing designation applied to such lands in the Land Use Element is OS -RP (Open Space- Resource Protection). Protected open space assigned this designation is designed to identify on the City's Land Use Map ( in the Land Use Element) locations within the City where hazardous conditions or habitat preservation exist. Other examples of protective open space include flood plains (the Arroyo Simi), fault zones CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 21 (Alquist Priolo areas), or significant landslide areas not suitable for development that may pose a threat to the health, safety and welfare of the public. With the exception of the Arroyo Simi, Open Space designation for Resource Protection designed to minimize exposure to hazards is infrequently applied on the City's Land Use Map. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 22 Figure 2 Recommended Distribution of the Rural Estate Reserve Designation within the City General Plan Study Area CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 23 3.5. Existing Designated Open Space in the City of Moorpark and Surrounding Planning Areas The array of legislative and planning actions usually employed by cities to provide coherent open space management programs have been adopted by the City of Moorpark. Thise Update to the OSCAR recommends only minor amendments to policies designed to implement these strategies for open space planning. The following brief ice -v e — presents a summary of the City's present open space planning program and indicates which of these program- elements are proposed for minor revisions in this . 3.5.1. Land Use Element Open Space General Plan Designations and Related Zoning: The City's General Plan Land Use Element includes both public and private open space lands which have been placed by the City in Open Space or Open Space Resource Protection land use categories. Unless designated for Resource Protection, the City's development standards allow for limited, low intensity residential development on most lands designated as Open Space. In addition to these existing Land Use - protections of open space, coincident with the OSCAR Element 2000, a peliey - icece been ; rem -' to development of a ' new twenty ( 2 0 ) acre minimum Rural Estate Reserve designation, ;ai�- will provides significant new commitments to retaining land in open space or allowing uses consistent and compatible with such designations within the City and within the City's Sphere of Influence and Planning Area. 3.5.2. Specific Plan Regulations: The City has used the legislative actions permitted under California Administrative Code and Government sections governing Specific Plans to require conservation /open space reserves within the boundary of a44 Specific Plans. Policy in the Goals, Policies and Programs portion of the OSCAR Element 2000, have included minor modifications to this general open space planning provision. 3.5.3. Deed Restrictions /Conservation Easements: Applicants and /or developers, Aas a component of Development Agreements associated with various developmehts approved by CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 24 the City Council, significant - areas with conservation or scenic open space value, pre ;mot app l_ i eant-s- de-�-elepei-s have agreed to set -aside significant environmental resources through the use of conservation easements and other legal protective mechanisms. New and additional policy guidance and implementation programs to further this effort at open space conservation have been included in the OSCAR 2000 Update. 3.5.4. Greenbelt Agreement Areas: The City has, in consultation with Ventura County, adjacent cities, and affected landowners, established a significant agricultural conservation and open space buffer between the Cities of Moorpark, Thousand Oaks, and Simi Valley as well as Ventura County through the establishment of the Tierra Rejada Greenbelt. As defined by the cooperating entities, a greenbelt is... "an area consisting of prime agricultural or other open space land," as defined in the Government Code, that is preserved in agriculture or other open space use. This Greenbelt Agreement area in the Tierra Rejada Valley is included in Moorpark's Area of Interest. This Agreement is a-none essential component of the City's long -term commitment to open space planning. Other greenbelt agreements can be established to virtually surround the City with agricultural protection agreements within the City's Area of Interest. 3.5.5. Hillside Management Ordinance: The City's Hillside Management Ordinance has been established to provide for effective clustering of development upon hillside properties and to preserveeti- Aeon - significant ridgelines defining the natural visual boundaries of the City and it's General Plan Study Area. No new legislative changes are required to continue using this method of preserving scenic viewsheds. 3.5.6. Regional Planning for Open Space Preservation: While not yet preserving open efforts by the Monica National cities within agencies seek t protection for an effectively used space surrounding the Santa Monica Mountain Recreation Area, the the viewshed of the D protect, can provid ands visible from the strategic process for City directly, regional Mountains Conservancy, the Santa County of Ventura, and lands these regional e significant open space City which are partially CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 25 or fully outside the City's Area of Interest. The OSCAR Update 2000, includes policy designed to guide City participation in this regional effort and other policy designed to offset the loss of land base for conservation and open space planning which resulted from the recent Moorpark land use initiative. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 26 4. CONSERVATION 4.1. Introduction For the purposes of this Element, conservation is defined to include: (1) the planned management of natural resources; (2) the application of good planning practices to the preservation of agricultural lands and resources; and, (3) the identification of procedures for the diligent implementation of existing law designed to provide for soil, water, and land conservation (e.g., local implementation of regional NPDES programs, coordinated water quality enhancement efforts in consultation with state agencies, etc.). The California Government Code citations concerning the required contents of a Conservation Element clearly emphasize the overall importance of surface and groundwater quality management, erosion control programs, watershed management, and flood control. Unlike other components of the General Plan, the Conservation Element, particularly for a relatively small City, can largely be implemented through the application of standard engineering practice in the development review process. Many of the primary resources defined in the Government Code for a Conservation Element {Code Section 65302 (d)} are absent in the City of Moorpark. The City lacks any identified important mineral eic gravel: extraction sites that could be harvested without substantial and adverse impacts on the quality of urban and suburban life. Indeed, one of the City's primary quality of life management issues is determining how to mitigate the effects, within the corporate limits, of such extraction uses within the City's Area of Interest, while not impinging trade or land use rights prescribed by the County. The City lacks substantial water bodies that are a prerequisite for an economically viable fishery. Given the basic types of vegetation communities within the City's boundary and Area of Interest, provisions for timber harvesting and the management of forest dwelling wildlife CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 27 species are also not relevant. The City lacks other referenced resources typically addressed in a Conservation Element such as undeveloped watersheds, harbors, significant oil or mineral extraction sites, and other natural resources subject to the competitive uses by recreational and economic interest groups. As defined by State General Plan Law, the City's conservation responsibilities are relatively narrow and refer primarily to (1) surface water management responsibilities (in the Arroyo Simi and its tributaries), (2) flood control planning, (3) reviewing and approving developments for compliance with resource protection categories identified in the California Environmental Quality Act, Federal Endangered Species Act and California Endangered Species Act (e.g., rare plant communities and associated wildlife, cultural resources). While it is desirable to have established policy guidance relative to resources considered as part of the environmental GBQA — review process in a Conservation Element, such guidance is not explicitly required by State pPlanning -ILaw. Conservation citations in -&State pPlanning ILaw awe make no reference to agricultural resources. Nonetheless, the City may and has elected to include some general policy guidance relative to such resources. The basic use of this policy guidance is to provide g idanee fer the — interpretation of CEQA by the City. Given the relatively modest size of the City and the absence of major forests, bodies of water, harbors, wildlife sanctuaries, economically useful natural resources, and other natural entities referenced in State jaPlanning ILaw, the scope of the Conservation Element, compared to the Open Space Element, is relatively — narrow. 4.2. Applicable Resources Governed by Conservation Element Policy 4.2.1. Land Resources Compared to the highly urbanized portions of the greater Los Angeles region south of the City of Moorpark, the land inventory in the City is relatively small. Consistent with development patterns in Southern California, much of the land in the City is committed to present or future urban uses. (refer te the Land Use Element and 1,and Use Map) . -- At build out, as amended by a 1998 voter approved land use initiative, the City is projected to have a population of less than 35,000 CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 28 persons occupying about 12,500 dwelling units (an average unit density of about 2.8 persons per dwelling) . Despite the general prevalence of agriculture in the surrounding region, the City itself lacks a significant and viable agricultural industry. Most of the primary watersheds along the southern boundary of the City have already been developed and approvals have been obtained or are pending for watersheds in the northern portion of the City. The primary remaining natural feature within the City is the Arroyo Simi which meanders in an east -west orientation through the central floodplain north and south of Los Angeles Avenue. Viable and producing agricultural lands are present to the west of the City and the highly urbanized Simi Valley is sita -to the east. Through diligent implementation of existing policy and careful development- specific planning, important enclaves of open space, riparian tributaries to the Arroyo Simi, and hillside areas have been protected from development and conserved in a natural state. Nearly all significant undeveloped land surrounding the City with some potential for conservation management is situated outside of the City's Sphere of Influence but within the City's General Plan Study Area (Area of Interest). Therefore, while this Conservation Element addresses these land areas, it is important to recognize that without LAFCO action to amend the City's Sphere of Influence and to annex such land areas (an action generally precluded by the 1998 land use initiative), conservation planning outside of the City's area of primary legal responsibility (the Corporate Limit and existing sphere) is advisory only. All lands outside of the City's Corporate Limit are within the County of Ventura and are governed by County regulations and land use policy. Consistent with pending changes to the City's Land Use Element, this area, in its entirety, is proposed to be designed as Rural Estate Reserve (RER) . (Refer to Figure 2 for wh..,,^, illustrates the proposed planning area.) its; de of designatien te RER in the update t o the Land Use E me t 4.2.2. Agricultural Lands Virtually no significant viable agricultural operations are present within the City's Corporate Limit /Sphere of Influence /Urban limit line. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 29 The distribution of dedicated (land in production) agricultural lands within the City's Area of Interest is also rather limited. With the exception of the Tierra Rejada Greenbelt which separates the City of Camarillo and the unincorporated but urbanized Santa Rosa Valley from the City of Moorpark, nearly all land east and south of the City are committed to urban uses (including lands within the Cities of Simi Valley and Thousand Oaks and unincorporated lands between these urban centers). Agricultural operations outside of the City but within the Area of Interest are generally limited to orchards, low density grazing lands, and estate (family) farms along the City's northern, eastern, and western perimeter. To the north, these orchard and small scale family farm operations are irregularly distributed between the City's corporate limit and the ridge system defining the topographic separation between the Little Simi Valley (where Moorpark is situated) and the Santa Clara River Valley (where the City of Fillmore is situated). Many of these agricultural, uses are west of the City in the lower -lying portions of the Little Simi Valley, agricultural enterprises and land uses dominate most available land. Extensive row crop agriculture operations inter - planted with orchards span the entire area between the City's western boundary to the Oxnard plain. In the Ventura County adopted Map of Locally Important Farmlands and on the inventory of prime farmlands by the state, apprepriately, lands within the City of Moorpark are designated as areas representing "urban and built -up lands" or lands with limited production potential. These designations are consistent with the history of agricultural land use in the City. With some exceptions on the State inventory, neither regional nor local land inventories consider the existing City of Moorpark as an area of important farmland. Lands within the City's Area of Interest have been designated by the County for rural low - density residential development (often with a 40 acre minimum parcel size designation) which has encouraged the perpetuity of both major corporate farming operations and individual, small scale agricultural enterprises. Based on the United States Soil Conservation Service mapping of the soils of California as interpreted in the State inventory of important farmlands, Moorpark does contain some areas with prime soils suitable for diverse agricultural uses. These designations are generally limited to the deep alluvial CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 30 soils adjacent to the Arroyo Simi (now largely committed to urban use) and the Tierra Rejada Valley situated immediately south of the City limits .3 Typically, prime farmlands have physical and chemical features which would facilitate the abundant production of agricultural crops such'as 4deep soils, lack of bedded clay lenses, balanced silt and soil content, high soil nutrient values, etc. --. In summary, within the City's boundary, nearly all lands designated as "prime" have been previously committed to urbanization. Valuable agricultural lands to the south have been largely protected through incorporation into the Tierra Rejada Greenbelt. More marginal lands to the north are under production in a sporadic and discontinuous grid of orchard production. The most significant farmlands near the City are located west in the lower Little Simi Valley as it trends southwesterly to the Oxnard Plain. The City itself does not have important agricultural resources capable of supporting viable agricultural operations. 4.2.3. Soils and Watershed Protection A general description of the soil types in the Moorpark area is provided by the USDA Soil Conservation Soils Map (referenced in footnote 3). Soils in the City of Moorpark and within its Area of Interest reveal soils conditions classified as fair to poor for agricultural production. Nevertheless, soil types classified as Capability Classes I and II are found south of Los Angeles Avenue. These soils are suitable for urban development as well as limited agricultural use. Most of Moorpark is characterized by soils of the Rincon- Huerhuero- Azule Association. These soils are characterized as level to moderately steep, very deep well drained to moderately well drained, very fine sandy loams to silty clay loams; this soil type has a slowly to very slowly permeable sandy clay subsoil. 3 The U.S. Soil Conservation Service prepares soil maps illustrating ratings for the County of Ventura to determine suitability for farming. On this map, the City of Moorpark and its area of interest is generally shown to be within Capability Classes VI and VII to the north of Los Angeles Avenue, and in Classes I through IV just south of Los Angeles Avenue. Capability classes of soils for agricultural purposes are described as follows: ➢ Very good to good -- Capability Classes I and II. ➢ Fair to poor -- Capability Classes III and IV. Very poor -- Capability Classes VI and VII. ➢ Unsuited -- Capability Classes VIII. Source: U.S. Department of Agriculture, Soil Conservation Service Suitability for Farming Ventura County, California. September 1969. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 31 Soils of this association in non -urban environments are typically good for use as range, citrus crops, and field crops. Soils with a slight slope are used successfully for vegetable production. South of the Arroyo Simi, the dominant soil classification is the Pico Metz - Anacapa Association as well as Huerhuero soils. These are level to moderately sloping, very deep, well d__ sloping, - drained sandy loams and very deep, somewhat excessively drained loamy sands. These soils are typically used for irrigated vegetables, citrus crops, field crops and strawberries. Due to urbanization, nearly all of these soil types are committed to urban use rather than agriculture. Policies designed to preserve extant remnants of these soil types within the City's- urban limit are not appropriate. The City of Moorpark is within the domain of major tributary valleys that drain into the greater Oxnard plain, an area of uniquely deep and productive agricultural soil. The entire Little Simi Valley and its minor tributaries deseen descend gently to the west through a well dra-i- dwell- drained valley system with deep and potentially prolific agricultural soils. The most important and potentially productive soils are located along the floodplain and Pleistocene era alluvial terraces on the northern and southern sides of the Arroyo. Within the more upland parts of the City, the watersheds are dominated by coastal sage scrub vegetation communities which are, in places, split - biseeted by riparian corridors with semi - permanent to permanent spring and drainage replenished water sources. _Very minor areas with Oak Savannah or Oak Woodland exist within the Citv. Approximately 800 of the watershed areas within the City are dominated by non - native grassland and coastal sage scrub communities, some of which, like the Venturan Coastal Sage Scrub, support small populations of both rare or special interest plants, birds and other wildlife. Typically, Moorpark's tributary canyons drain southerly along the northern perimeter and northerly on the southern perimeter. Most of these watershed areas are urbanized or are in areas where approved developments or proposed development are pending. Therefore, from the standpoint of long term conservation planning, watershed management is not a significant issue for the City; rather, application of high standards of erosion control, desilting, and pursuing a high CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 32 standard of water quality in urban runoff are more important contributors to maintaining high quality surface and groundwater. Nonetheless, the City has participated and will continue to cooperate with planning and water resource management programs that evolve out of regional studies such as the Calleguas Creek Watershed Management Plan. 4.2.4. Hillsides and Ridgelines (Visual Resources) The most important existing regulation adopted by the City designed to protect the view corridors surrounding the City is the City's Hillside Management Ordinance. The City of Moorpark adopted a Hillside Management Ordinance in May of 1995 (Ordinance 207 and related exhibits) . The ordinance is comprised of a text and map component; the text outlines the legislative intent of the ordinance and definitions as well as development standards intended to implement the overall purposes of the City's hillside protection program. The related Ridgeline Map illustrates what are defined as "visually prominent landform(s) or ridgeline(s)" in the City from the perspective of the "valley floor ", the lower lying portions of the Little Simi Valley. Views from the Las Posas Hills defining the City's southern perimeter and the Tierra Rejada Valley are not specifically considered in the ordinance definitions. The relevant ridgelines are illustrated on the 7.5 minute USGS Moorpark topographic quad sheet (scale 1:24 , 000) . The related map is not codified as a component of the ordinance (Section 17.38.040) and serves only as a guideline exhibit for the interpretation of the ordinance. The legislative intent of the Hillside Management Ordinance is clearly articulated in Section 17.38.010. This intent statement is oriented to ensuring that, from the date of Ordinance adoption and into the future, the City's ridges and hillsides will be protected from major alterationsfRedifi -eatiana. The Ordinance is protective in intent but clearly permits developmentsfaed f ..- t err to hillside areas, if certain design features (e.g., permitting density transfers to encourage the retention of the environmentally most significant portions of a property) and development standards (grading techniques, planting preferences, hazard abatement planning) are met as prof ectstappl i eants pass through the development review process. The general intent statement in the Ordinance does not identify preferred design mitigation for specific projects CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 33 nor does the statement prioritize the various methods available for offsetting the impacts of developing along the portions of ridgelines that are subject to some alterationmedifieatien as a result of the exemption process. The underlying but unarticulated principle in the Ordinance is that it is desirable to eliminate or minimize, to the degree feasible, the visibility of commercial or residential neighborhood architecture from the lower lying portions of the City if such developments are proposed on elevated landforms. Potential criteria for exempting a project from compliance with the hillside ordinance are defined and explained in Seetio n !:7.38.939the ordinance. The exemption section contains a preamble paragraph and a sequence of exclusion criteria that, if satisfied, permit the City to waive the requirement for compliance with the ordinance. The most significant provisionemeffipt states that development agreements may be used to exempt a project from compliance if such an exemption is explicitly provided for in theia development agreement. In practice, since the entitlements for most major projects in the City are implemented using the development agreement framework, this exemption has been used in several ifflpert instances where important City ridgelines have been included within subjeeted t& —development proposals. Hewelver, 'Based on staff review of application approvals, in all of the cases where a development agreement has been used to exempt a s i. n f can project from hillside standards, such an exemption was also accompanied by a very substantial, required conservation dedication or ridgeline protection effort, prior to the exemption being granted. 4.2.5. Mineral Resources There are no known significant mineral resources of statewide significance within the City of Moorpark's City Limits. However, sand and gravel deposits of considerable sub - regional significance are present north of the City within the foothills of the Little Simi Valley and Grimes Canyon. The mining and extraction of these resources (1) has adverse effects on the quality of life within some of the City's neighborhoods, (2) results in excessive truck traffic and traffic circulation problems along City streets and (3) impacts local air quality through the dispersion of CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 34 particulates.4 The City policy on mineral extraction within and adjacent to the Area of Interest is that such uses are incompatible with a high quality of urban life — and ti at these uses s -1 d be phased eiat as e t. ; s t, r g C- s e �� f T� are —r -e x' re et.ta 1 4.2.6. Water Resources and Water Quality The protection of water resources, surface water quality, and the management of groundwater basins have generally been preempted by regional planning programs administered by the County of Ventura and the State of California. This is appropriate since both surface and groundwater quality can best be addressed on a regional level. The City's role in the protection of water quality and the management of basins involves close cooperation with water purveyors, the County, State and Federal agencies responsible for administration of the Clean Water Act and other programs promulgated by both state and federal legislation. The most important water conservation plans to which the City is a party or participant include the National Pollutant Discharge Elimination System (NPDES), storm water pollution programs, the state and federal Clean Water Acts as administered by the State Water Board, Regional Water Quality Control Board, the Corps of Engineers, and the Ventura County Water Conservation Plan, which was developed with the intention of bringing together water conservation efforts to encourage the "...wise use of a limited water supply." The Plan emphasizes volunteer programs to encourage the cooperation necessary for compliance and attainment of water conservation goals. The City — participates in the regional management of water resources through eendiaeting CEQA review of new development to ensure that the impacts of development on water quality and quantity are ° An inventory of mining resources within the City was prepared by the State Mining and Geology Board. The conclusion of this 1982 study supports the finding that the City lacks significant mineral resources. According to the Mineral Land Classification Map for aggregate resources prepared in compliance with the Surface Mining and Reclamation Act of 1975, the City of Moorpark is located in Mineral Resource Zone Number 4 (MRZ -4). This boundary defines "...areas where available information is inadequate for assignment to any other MRZ zone." Just south of the City boundaries, in Tierra Rejada Valley and the Little Simi Valley, an MRZ -1 boundary has been defined. This zone designates "...areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence." West and northwest of Moorpark and within Moorpark's area of interest are areas in zone MRZ -2, or "...areas where adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their presence exists." These areas are mapped on the Resource Protection Overlay zone, part of the County of Ventura Open Space Plan (see Mineral Resource Map, Figure 2). CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 35 competently studied and thoroughly mitigated. Refer `e tThe Circulation and Infrastructure Element of the General Plan 1-e-r- contains additional discussion of long term water supply planning. 4.2.7. Biological Resources Remaining native vegetation communities within the City of Moorpark potentially support several rare and endangered or sensitive species of plants and animals. The three dominant vegetation types within the City include two native plant communities, coastal sage scrub and riparian woodland systems associated with the Arroyo Simi and its tributary drainages, and ruderal (non- native, modified vegetation planted to or dominated by introduced species). An inventory of the native habitats in the City and associated rare, endangered, and special interest wildlife species is she:u d be conducted as a partpreeesa of project environmental review and all identified, threatened, or endangered resources are protected through defined mitigation measures. Sensitive Botanical Resources A— " -aSensitive bBotanical -rResources" include-& beth rare plant species, habitats, and plant communities. Native plants are regarded as "sensitive" because they are -threatened with extinction throughout their range or they are in danger of local extirpation. Habitats are also considered sensitive if they exhibit a limited distribution, have high wildlife value, contain sensitive species, and /or are particularly susceptible to disturbance. Rare, or otherwise sensitive plants and habitats are protected by federal and state legislation. The F- federal Endangered Species Act of 1973, as amended, and ire published lists of endangered and threatened species, provide legal protection for threatened and endangered taxa nationwide. The U.S. Fish and Wildlife Service (USFWS) has jurisdiction over the federal program. California has a similar mandate embodied in the California Endangered Species Act of 1970 and its corollary laws: the California Species Preservation Act of 1980 and the California Native Plant Protection Act of 1977. The California Department of Fish and Game (CDFG) and the California Native Plant Society (CNPS-�—,) have jurisdiction over the California Species Protection Laws. Candidate species (taxa that are under CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 36 review for state or federal listing) can gain fidily preteete fully protected status at any time. State candidate species are also protected from removal or disturbance. In addition to the programs described above, the Native Plant Society compiles and updates an inventory of sensitive plant species. This list includes state and federally- recognized rare plant species, as well as those plants determined to be rare by this organization of experts. The Native Plant Society maintains several "lists" in an effort to categorize degrees of concern. Many sensitive plant species qualify for formal protection under the California Environmental Quality Act. era if r }-h ese plants net registered N_r'nr_c`are state er federal p -reg These include the majority of plants on the California Native Plant Society Lists 1 and 2, as well as species that are rare, endangered or threatened regardless of recognition by the Federal or State agencies. The primary methods utilized by the City for the implementation of inventory and management programs for rare plants and animals include: (1) California Environmental Quality Act (CEQA) review of developments; (2) ensuring that all surveys for rare plants and animals are conducted by qualified professionals using applicable state and federal survey protocols; (3) requiring adequate compensatory mitigation for any project which impacts native habitats; (4) initiating developer funded regional surveys and management programs for native plant communities, rare plants and wildlife; and, (5) ensuring that any new development in the City which impacts a qualifying riparian system applies for and receives State and Federal wetland management permits prior to the initiation of grading. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 37 Taken together, these programs of actions have provided substantial protection to native plant communities, riparian systems, and rare and endangered species occurring within the City boundary. Wildlife Corridors The value of a particular habitat or parcel of open space as a wildlife corridor in the absence of detailed analysis of the movements of at least a few of the dominant vertebrate species that occupy the site is difficult to assess. The requirement of open space for unrestricted animal movements is important. Larger vertebrates need larger areas in which to forage or satisfy other biological requirements. Suitable areas must be available for dispersal of young as well as routes for migration of individual species between locus populations to maintain genetic variability. The entire City riparian corridor along the Arroyo Simi in its present form functions less as a wildlife corridor and more as a refuge or destination area for wildlife. The areas north of the City (within the Oak Ridge mountain system) which are at least partially within the City's Area of Interest represent one of the larger areas of intact, and except for grazing lands, non - agriculturally converted land within the region. Imbedded within the regional landscape surrounding the City are several natural features that could be considered as potential wildlife corridors. Deep ephemeral washes and intact streams in the City offer value as wildlife corridors. Open space planning includes policy prepesals recommending I conservation of these potential wildlife corridors and the riparian systems that are central to these corridor-a continuity. Riparian Habitats: The Arroyo Simi-Arroyo Las Posas Similar to oak woodlands in their wildlife benefits, riparian habitats provide food, nesting sites and cover. With the presence of intermittent or year -round water, riparian areas are perhaps the most useful habitats for the greatest number of plant and animal species. Wetlands, delineated by the presence of - 1) hydrophytic vegetation, 2) hydric soils, and 3) wetland hydrology for at least two weeks out of the growing season, are protected from CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 38 disturbance. �;theu first aA permit from the Army Corps of Engineers (Section 404 of the Federal Clean Water Act) is required whenever these areas are subject to impacts. The California Department of Fish and Game also requires a permit for any project which will "change the natural flow or substantially change the bed, channel or bank of any river, stream, or lake designated by the Department [of Fish and Game] , or use any material from the streambeds, without first notifying the �d -Department of such activities." (Gal if rl _e �1 The Department of Fish and Game generally requires a 2:-1- replacement ratio for wetlands prior to issuing permits which enable disturbances to a riparian system. Unlike the Federal characterization of wetlands, the State requires only one of the three (3) wetland parameters to be met at any site. The location and extent of the existing riparian resources within the City is partially correlated to the distribution of blueline streams (identified on USGS topographic maps) within the City. With the exception of the Arroyo Simi, many of the riparian systems in the City are comprised of the Alluvial Scrub Plant Community. These types of riparian systems generally are supported by ephemeral or semi - ephemeral water sources. There are relatively few fully developed riparian systems supporting well definedwell- defined Oak Woodlands and Riparian Woodlands within the City. Given the importance of this type of system and its comparative rarity, recommendations have been made to ensure that the few developed perennial riparian systems in the City be ai=e inventoried and, to the extent feasible, preserved. In addition to ephemeral, intermittent, and perennial riparian systems, the City also contains an area with a vernal pool -&, a rare and unique seasonal riparian habitat. There pool-& i.saL-e situated within dedicated open space in the Carlsberg approved Specific Plan development area. Biological Resource Protection Measures in the City of Moorpark General Plan The 1986 OSCAR Element (Open Space, Conservation, and Recreation Element) stated that the City of Moorpark had no endangered or sensitive species of flora or fauna. This was not accurate and probably reflected the status of the rare plant and animal inventory available to the City at the time CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 39 the Element was drafted. Since 1986, a substantial number of study programs oriented to inventorying plant communities, riparian areas, wildlife and wildlife corridors have occurred under the City's guidance as part of the development review process. This inventory work has yet te be needs completed and compiled into a systematic description of the basie important natural resources within the City. Implementing strategies have been i-eer niffie ,a,-..a to ensure that roper analysis, mapping, and reduction of existing information concerning the biological resources of the City is provided for in this updates _rf cr~~cd . The environmental inventories conducted by the City as part of the CEQA review process subsequent to preparation of the 1986 OSCAR have documented the presence of both rare and sensitive plants and animals in the City since this Element of the General Plan was first prepared .5 While not specifically referencing sensitive or rare plant communities, Policy 4.3 of the Conservation Element articulates the following policy: "Conserve, preserve, and enhance the quality of biological and physical environments throughout the City of Moorpark. Require restoration of those areas unsatisfactorily maintained or subsequently degraded." The City's Land Use Element also encourages the preservation of significant native vegetation, wildlife, and biologically significant open space. (Refer to y Ghapter S). The policies in the OSCAR 2000 update expand upon these basic protective concepts. ' A total of 18 sensitive plant species are known to occur historically in the vicinity of the City. Of these, four species have been identified during recent rare plant surveys associated with CEQA review. These species include the Lyon's Pentachaeta, a state - listed endangered species, and the slender- horned spineflower, a state and federally - listed endangered species. Suitable habitat is present within the City potentially to support the following four listed, rare, endangered, or special interest plants: Pentachaeta Iyonii (Lyon's Pentachaeta), Calochortus catalinae (Catalina Mariposa Lily), Dodecahema leptoceras (Slender Homed Spine Flower) and Astraaalus brauntonii (Braunton's Milk Vetch). The City requires that surveys be conducted to locate rare plants as part of CEQA review of any development with the potential to impact native habitats. At least 21 sensitive or special interest faunal species (including 1 amphibian, 5 reptiles, 11 birds, and 4 mammals) are known to occur in the City. Some of these species have been observed during census programs conducted in support of recently completed EIRs. Four sensitive bird species, the San Diego cactus wren, the California horned lark, the loggerhead shrike, and the black - shouldered kite, have been observed within the City during the late spring -early summer months. Except for the black - shouldered kite, which is a state fully - protected species, all these bird species are Federal Category 2 candidate species for listing. The endangered Gnatcatcher and Least Bells Vireos are among the recently observed species VAiGh appeaFwhich appear to be reoccupying the remnant native vegetation communities in the City and its vicinity. The City development review program now routinely requires endangered species surveys as part of the CEQA review process. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 40 Biological Resource Protection Measures in the County of Ventura General Plan Since actions by the City concerning native plant community management may affect related plant communities in adjacent or nearby County unincorporated areas within the City's Area of Interest (General Plan Study Area), the guidance of the County General Plan regarding biological resources has some relevance to major projects situated within the City. The Ventura County General Plan Goals, Policies and Programs (County of Ventura, 1988) outlines the following goals pertaining to rare, endangered or threatened plants: 1) preserve and protect the habitat listed of state or federally rare, threatened or endangered plant species; and, 2) preserve and protect plant and animal species which are locally unique. These goals have been incorporated into the policies of this OSCAR update. City of Moorpark Preservation, Cu t ting, and Removal of Historic Trees, Native Oak Trees, and Mature Trees Ordinance The City's protection of mature heritage and specimen trees outlines a basic commitment (City Ordinance 101) that, to the extent possible, mature trees, native oak trees, and historic trees should be protected and preserved. Particularly with respect to urban developments, such trees are considered to be a "significant, historical, aesthetic and valuable ecological resource." The City defines an historic tree as: "A living tree designated by resolution of the City Council as an historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, condition or aesthetic qualities.,, A mature tree is defined as: "A living tree with a cross - sectional area of all major stems, as measured four and one -half (4 112) feet above the root crown, of 72 or more square inches." A native oak tree is defined as: "A living tree of the genus Quercus and species lobata, agri fol i a, dumosa or hybrids thereof.,, CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 41 In order to remove such trees, a tree removal permit is required. A Tree Report is routinely prepared as part of the City's development review process for projects that include proposals to remove or encroach on trees protected by the Tree Ordinance. These tree reports provide accurate maps of all tree locations within the area of disturbance that could potentially directly or indirectly impact a tree through encroachment, removal or modification. The reports also include a system of valuing trees and determining replacement values (if trees are to be removed) . The procedures for implementing the City's tree ordinances are oriented to enhancing landscapes, preserving important specimen trees, and preserving native woodland environments from development encroachment. 4.2.8. Cultural Resources and Paleontological Resources ,,m.le _eCultural and paleontological resources are not state - mandated components of a Conservation Element. However, because of the importance of archaeological and historic sites to native Californian descendents and because historic architectural sites contribute to the overall urban design and architectural traditions of the City, these resources are addressed in the Goals, Policies and Implementing Strategies of the OSCAR. Paleontological resources are valuable because they have the potential to assist in the understanding of the evolution of life forms on the earth and within the planning area. Most of the cultural resources within the Moorpark area are archaeological sites - places where human activity has measurably altered the earth. The potential for destruction of all or portions of an archaeological site by land - altering activities results in the loss of unique information concerning the development of the societies which evolved in California over a period of almost 10,000 years. ^'hr.,,.,- nds of Many historical sites have been damaged or destroyed making the remainder extremely important. Other important types of cultural sites in the City include sacred places of value to Native American descendents and architectural sites. Sacred places within the City are generally limited to cemetery sites within major historic and prehistoric Chumash settlements. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 42 Architectural sites are structures which are standing and have not decayed to the point where they are only identifiable as archaeological sites. The City of Moorpark is situated in an area that was originally part of El Rancho Simi land grant. Historic Moorpark, the area of the original 'old town around High Street and the railroad, was subdivided and recorded in 1900, following the reorganization of the Simi Land and Water Company. The City has a small inventory of potentially significant historic structures outside of the historic Downtown areas along High Street between Moorpark Road and Spring Street. Paleontological (fossil) resources are, like archaeological sites, embedded in the earth and often at depth. Most fossil deposits are identified during mass--grading programs where very substantial amounts of earth must be moved to prepare a site for development. The City has an adopted set of procedures for identifying such sites before or during construction. Remediation and data recovery for fossil sites are conducted in accord with project mitigation measures developed during CEQA review. 4.2.9. Petroleum Resources The City of Moorpark currently has no identified proven oil reserves within its City limits. However, oil reserves have been identified and production activity has taken place within Moorpark's Area of Interest. The County of Ventura currently has jurisdiction over oil production and oil - related activities that take place within the Area of Interest (General Plan Study Area) . Oil extraction is inconsistent with maintaining the quality of life of neighborhoods within the City and therefore the extraction and processing of oil products should be regulateddiseeura�Jed in the future. and, if pessible legally —s i *-ed . Policies have been included in the revised OSCAR Element to ensure that such resources are, to the degree possible, consistent with prevailing law, not extracted or processed within the City without proper licensing, permits or environmental clearances and then only within prior existing production fields. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 43 5. PARKS AND RECREATIONAL FACILITIES Recreation is defined as outdoor leisure activity which includes both active and passive expressions of use and enjoyment. Active recreation includes the general pursuit of physical activities including solitary or competitive games, exercise, sports training, or congregation for the purposes of enjoying the company of friends and family. Passive recreation includes the contemplative enjoyment of nature, open space, riparian features, and hillsides and ridgelines that physically define and encompass the City. Both active and passive recreation can be contemplative, refreshing and exhilarating. Recreation is a crucial element of human comfort, happiness and well beingwell being. Recreational planning should envision and provide methods for implementing an appropriate distribution of both active and passive facilities. Recreational planning also needs to take into account the ethnicity of various portions of the community to provide a balance of recreational opportunities that reflect cultural differences. Recreation can take place on either public or private land. While recreational planning at the City level is intended to relate leisure time needs to the availability of public and private park and open space areas convenient to the location of various neighborhoods, the City exists within the context of the larger region of related communities. Planning for regionally significant recreational opportunities is one of the important functions of the County of Ventura and other federal and state agencies such as the Santa Monica Mountains Conservancy, the Rancho Simi Recreation and 'Parks District, the National Park Service (Santa Monica Mountains National Recreation Area) and the State Park System. City recreational planning is appropriately oriented to providing adequate =eeal 4neighborhood -- and community types of recreational experiences. In 1986, the City of Moorpark developed the Moorpark Parks and Recreation Master Plan to guide the acquisition and development of park and recreational facilities in the City. The Master Plan is designed to "...serve as a statement of general policy and desired city standards for location and CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 44 development of public parks and accompanying facilities, as well as community open space areas." The Master Plan incorporates the long and short -term goals projected to satisfy the immediate and future needs of the citizens of Moorpark. Through periodic updating of this Plan, the recreational program for the City reflects the changing desires of the community and its component neighborhoods. The standards, principles, goals and policies outlined in the Master Plan are hereby incorporated by reference into this Element to accurately reflect, and be consistent with, current recreational planning issues and concerns of Moorpark citizens. The standards, principles, goals and policies as stated in the Master Plan are incorporated by reference to accurately reflect, and be consistent with, current recreational planning issues and concerns of Moorpark citizens. 5.1. Inventory of Existing Parks and Recreational Facilities Definitions: Types of Park Facilities The National Parks and Recreation Association has created a general typology of the range of facilities that should be considered in master planning a community recreation program. The City's Parks and Recreation Master Plan has incorporated this typology with some modifications. Each important type of park included in the Plan is defined briefly below. Miniparks (or "Pocket Parks ") Miniparks are small, neighborhood serving local parks with a size of 3 acres or less. Miniparks, which are intended to serve a population of 500 to 2,500 people, usually include a range of facilities ineludi _ g such as tot -lots, picnic tables and landscaping. Because of the small size and relative high cost per acre to maintain these parks, with several exceptions in the downtown area, this type of park has not generally been identified for acquisition and development in the Moorpark Parks and Recreation Master Plan. Neighborhood Park Neighborhood parks typically range The optimum service area for this mile facility planning radius but CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 from 3 to 16 acres in size. type of park is about a 1/2- may be somewhat greater, up PAGE 45 to one mile maximum. These types of parks are generally designed to serve a population of between 2,500 and 5,000 residents. Whenever possible, neighborhood parks are typically situated adjacent to school property to facilitate the joint use of facilities and reduce the need for acquisition of land. This type of consideration also prevents duplication of recreation facilities in close proximity to one another. The typical features of a neighborhood park include a baseball diamond, open turf for soccer, touch football or other field games, tot -lots, picnic facilities with barbecue features, open space for informal play. These facilities normally have restrooms and designated parking areas. Depending on funding opportunities, most small cities (of less than 30,000 people) will have at least five or six such parks. Communi ty Park A community park typically has a land base of at least 16 -20 acres and is designed to serve a population of approximately 15,000 - 25,000 persons. The service area is generally no larger than a 3 to 5 mile planning radius. A community park often includes diverse types of facilities designed to serve individuals and groups of all ages. Community parks may be designed around prominent natural features. Recreational amenities often found in these types of parks include lighted and unlighted play fields for softball, baseball and soccer, courts for basketball tennis, volleyball, handball and other court games, preschool play facilities, and courts and play areas for older children. A community park often contains a multipurpose recreational building, such as a gymnasium for indoor athletic and training activities. Community parks generally include areas for individual picnics, groups and open space for other passive leisure activities. Public swimming facilities, indoor or outdoor, may also be included in Community Parks. Most relatively small cities (less than 30,000 people) have at least one major community park. Regional Parks In Ventura County, regional parks typically are located outside of City boundaries. Regional parks are relatively large, generally in excess of fifty (50) acres, and are not included in the City's park planning efforts. However, such facilities are typically included in City parkland inventories to facilitate planning the full range of recreational CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 46 opportunities for City residents. Regional parks are relatively abundant in the Moorpark vicinity (Malibu State Park, Happy Camp Canyon Regional Park, the Santa Monica Mountains National Recreational Area, National Park Service Parklands (such as the Jordan Ranch) . Typical facilities found in regional parks include campgrounds, hiking trails and nature study areas, beaches, lakes and golf courses. Although the City of Moorpark is not responsible for the acquisition, development or maintenance of regional parks, the City cooperates with Ventura County to ensure that regional park needs are met. The City's Area of Interest contains two (2) regional park facilities, Happy Camp Canyon Regional Park and Oak Park, both operated by Ventura County. Undeveloped or Dedicated Open Space Dedicated Open Space under the control of regional land holding and recreational entities (National Park Service, Santa Monica Mountains Conservancy, County of Ventura, California State Park System) provides a very substantial source of recreation opportunities for residents of Moorpark. The connectivity of open space in the City to surrounding regional and national parks is an important aspect of incorporating the full range of opportunities into the City's plan for recreation. Proper planning of private development contiguous with major, public, open space areas is essential to provide connectivity between private and public open space. Policy guidance contained in the OSCAR recommends that whenever possible, park linkage corridors be designed with the intention of preserving open space along selected canyons, ravines and ridgelines. These linkages should be located in conjunction with equestrian and hiking trails and as corridors between parks and natural areas. Shared Use of School District Facilities School district facilities can be used, subject to enee joint- use c e t ,,.-, e s are arrant, =dagreement s , to supplement the range of facilities used for recreation within a community. Although maintained by the respective school districts, school facilities (i.e., hard surface play courts, children's play apparatus, grass soccer fields, tennis courts, etc.) can be utilized for active and passive recreation and /or organized sport activities at designated times that will not conflict with school - related uses. The City's Master Recreation Plan CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 47 recommends that where economically and environmentally feasible, "...future park sites should be located to complement future school sites so as to provide combined facilities of maximum usefulness for recreational and educational purposes." Coordination and communication among and between the school district and the City's Parks and Recreation Department can facilitate the mutual use of school facilities to meet the City's park and recreational needs. Ultimately, collaborative use will result in the expansion of the City's inventory of recreational facilities and enhancement of the City's overall recreational plan. The locations of existing and proposed park facilities within the City of Moorpark are displayed on Figure � and a correlative table is provided on the map to delineate basic information about each of the existing facility!-e -a. 5.2. Existing Legislation and Park Development The California Legislature passed the Quimby Act in 1965. The Act (Government Code Section 66477) provides a procedure for local governments to raise revenue to pay for acquisition of public parks. Each entity is required by the state to adopt an ordinance identifying needs for public parks and the procedures to levy "Quimby" fees. Gpeei ki eal_ly, Quimby - generated fees and dedications refer to those conditions imposed on a developer. Prior to recordation of land division mapssi:ibdividing a paree -1 of lam, the subdivider must dedicate a portion of land and /or pay a fee for the purpose of providing park and recreational facilities to serve future residents of the property being subdivided. The code includes specific standards for determining the proportion of a subdivision to be dedicated and the amount of the fee to be paid "in lieu" of dedication. The amount of land to be dedicated or the fee to be paid is based on the residential density of the approved tentative tract map or parcel map and the average number of persons per household. The land, fees or combination thereof can be used only for the purpose of developing anew or rehabilitating existing, neighborhood or community parks or recreational facilities to serve the pdbli=the public. To implement provisions of the Quimby Act, Moorpark has adopted Article 17 of the Ventura County Code ( "Improvement Fees, Dedications and Reservations ", Section 8297 -4, Parks and Recreation Facilities, as amended by CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 48 Ordinance 3456, September 11, 1979) . No additional amendments to this ordinance were adopted by the City. The Quimby Act, amended in 1982, states that three (3) acres of parkland for each (1,000 persons is the maximum dedication that can be used, unless the existing ratio available affieunt of ei neighborhood and community park exceeds that limit already. In situations where the amount of existing neighborhood and community parkland exceeds the three (3) acres per 1,000 population, the legislative body may choose the ehese te adept a higher standard, not to exceed the actual acreage of the community parks owned, leased or jointly administered by the jurisdiction per 1,000 population at the time of the last Ff-ederal Ceensus. Moorpark's local ordinance states that the developer must dedicate five (5) acres of land per 1,000 people that the project accommodates, or pay such in -lieu fees as prescribed by the ordinance. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 49 FIGURE 2 LOCATION OF EXISTING PARK AND RECREATIONAL FACILITIES CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 50 Moorpark has adopted the following standards (Table 2) to determine the amount of land a developer is required to dedicate pursuant to Section 66477(b) of the Government Code and based on population densities: Parkland Dedication Standards Adopted by the City of Moorpark Types of Average Range of Average /du Dwellings Number of Number of (5 ac. std) Persons /du Persons /du Single - Family 3.6 +3.3 .0180 Duplex, 3.1 3.0 -3.2 .0155 Medium -Low Cluster, 2.8 2.6 -2.9 .0140 Medium Cluster, 2.3 2.2 -2.5 .0115 Medium -High Apartments, 2.0 1.7 -2.2 .0100 Mobile Homes 1 Local requirements for park and recreation dedications (Quimby Act). If the developer is unable or chooses not to dedicate land as approved by the City, the developer is then required to provide the City 120 percent of the appraised market value of the amount of land otherwise required to be dedicated. National Recreation and Park Association (NRPA) recommends this method by virtue of its simplicity and efficiency in keeping pace with rapidly changing parkland demands. To ensure the appropriateness of this park development standard and to ensure its applicability to a wide range of situations, the following factors are evaluated and modified in the park planning process implementing the Quimby Act: ➢ Time and distance from other parks ➢ Demographic profile of the community to be served ➢ Socioeconomic factors and clarification of the community's needs ➢ Cultural and ethnic characteristics ➢ Geographical location and Climate ➢ Available funding resources ➢ Special urban conditions ➢ Local tradition and customs CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 51 ➢ New recreational trends ➢ Quantity and quality of existing facilities ➢ Relationship to private facilities. 5.3. Needs, Planning Concerns and Constraints in Park Planning Efforts in the City The purpose of this section is to identify those needs, issues and constraints that are significant in determining what types of policy should guide future recreational planning for the City of Moorpark. In order to plan efficient methods of managing and preserving the available parkland and open space resources, it is essential to have an understanding of what population increase projections have been established for the City. At build out, the City is estimated to have a projected population between 34,300 to 44,600, of 33,878, with an estimated housing stock totaling 11,0 -700 dwelling units to ( 14,000 dwelling units) . These projections have been modified slightly by the recent Moorpark land use initiative. Regardless of what projection is used, Moorpark will experience an estimated population increase of about 20,000 persons with implementation of the full General Plan build out. The Parks Master Plan projects the need for about 1-7-5 225 acres of additienal arkland will be regd red to serve this population. The Master Plan should reflect changing demographics and planning constraints which have resulted from the recent, land use initiative and increased population growth in the City. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 52 6. OPEN SPACE, CONSERVATION AND RECREATIONAL PLANNING GOALS AND POLICY GUIDANCE 6.1. Goals, Policies, Strategies This section of the OSCAR- Element is te articulates the general conservation, open space and recreation goals that the City, by adoption of this General Plan Element update intends to implement over the period of time that the City will be evolving towards full build out. The goals set forth in each Element of the General Plan are usually broad statements of intent which are subject to modification in the future as the needs of the City's population and the constraints associated with environmental conservation change through time. Environmental protection, open space conservation, and recreational facility planning goals reflect the City's vision of its future. and, as sueh, refleet what the eefffl:Huni-t-y Lori; ens as its future . However, these goals should also be realistic. The test of this realism is related to the ability to create meaningful policy and financially achievable implementation programs. Goals that establish unrealistic and unachievable objectives lead to frustration of purpose. Implementation programs that are not supported by adequate financial resources are, by definition, poor public policy since such programs reach well beyond the capacity of a community to implement its goals. Therefore, in the following statement of goals, policies and programs, a balance has been sought between a realistic and implementable vision for the City and the constraints which affect of the eests of making this vision a reality. 6.2. Conservation and Open Space Objectives: Community Design and Open Space /Viewshed Protection GOAL 1: The City shall seek to preserve and enhance the unique visual qualities of the City of Moorpark by encouraging the proper integration and design of open space into City neighborhoods. Policy 1.1. The City shall ensure that the scenic viewsheds within the City and it's Sphere of Influence and, to the degree feasible, CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 53 it's Area of Interest, are protected from inappropriate development. View corridors along public streets shall be protected and enhanced through streetscape planning. Viewshed protection shall be considered in the review of all new developments. Open space planning concepts and hillside community design guidance contained in the City's Hillside Management Ordinance shall be implemented. Policy 1.2. The City shall respect the intent and purpose of Greenbelt Agreement Areas along the City's seidthe -i— perimeter . All significant new development adjacent to Greenbelts shall provide for proper streetscape planning and shall include requirements to landscape arterial roadways as. entranceways to the City. Policy 1.3. Pedestrian connections between abutting properties and Greenbelt Areas shall be incorporated into all new development to the extent that such connection does not create derogatory effects upon the greenbelt area. The City shall encourage the construction of bikeways, equestrian paths and hiking trails to link Greenbelt Areas with neighborhoods in the City. Policy 1.4. The City shall require, to the extent feasible, that all new development underground existing surface, telephone, video cable, and power lines. The City shall explore (1) methods for consolidating existing overhead service routes into a smaller number of corridors, and (2) identifying types of funding programs to ret ref t retrofit existing siir faee pewersurface power, phone and cable lines. Policy 1.5. The City shall consider adopting a wireless communication ordinance to ensure that all cellular and satellite based communication systems installed in the City are sensitive to open space planning objectives. The ordinance shall address how best to provide needed cellular service while affording protection to the scenic environment. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 54 6.3. Safety Considerations Land Use Planning for Geotechnical and Flooding Hazards GOAL 2: To ensure the health, safety and general welfare of the public, the City shall identify and properly designate the types and intensity of land uses on areas that may pose significant Geotechnical or flooding hazards. to it19 Policy 2.1. In areas designated for flood control purposes (floodway, flood hazard zones) and particularly in flood fringe areas, the City shall promote the use of these flood zones for passive recreational activities, (e.g., hiking, fishing, equestrian trails, bicycle riding) unless protective structures are installed which would enable other suitable uses. The City shall designate significant sueh — hazard areas as epen spa open space- resource management areas in the Land Use Element of the General Plan. Such lands shall be reserved enly for passive open space and/or appropriate recreational uses unless provided proper flood protection features are installed. Policy 2.2. In locations where the Safety Element of the General Plan recommends that development should be limited or avoided due to the presence of significant geologic, geotechnical, or seismic hazards (e.g., Alquist- Priolo Zones), the City shall ensure, through the development review process, that such hazard areas are respected in the design of all new construction. The City shall, where feasible and appropriate, encourage the use of such lands for recreational purposes that do not require infrastructure development (e.g., hiking, fishing, bike riding and low intensity recreational facilities). 6.4. Open Space for Ecological Purposes Resource Planning for Biological Diversity, Wildlife and Agricultural Preservation CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 55 GOAL 3: The City shall endeavor to preserve and physical and biological environment from development (General Plan build out). In impacts to significant biological resources the City shall ensure that biological effects offset through conservation efforts or throug of affected areas. to maintain the the effects of situations where are unavoidable, are properly h the restoration Policy 3.1. In reviewing new development proposals, the City shall require native habitats to be inventoried, biologically surveyed, and the consequence of development within these habitats to be identified. Impacts shall be offset either through conservation offsets (adoption of conservation easements, setting aside significant riparian areas in open space, etc.,), vegetation restoration, cooperation with regional programs designed to protect the environment, or the payment of in lieu fees. Policy 3.2. The City shall support conservation and protection of groundwater aquifers and water quality through management programs established by the County of Ventura, the County of Ventura Waterworks District No. 1, the State Water Resources Board, the Calleguas and the Regional Water Quality Control Boards. The City shall participate in local efforts to implement regional Storm Water Pollution Prevention programs and the County's Water Conservation Plan. The City shall participate with any future regional water quality and water supply plans proposed by these agencies. Policy 3.3. The City shall require that biological and open space planning studies be conducted as part of the application process for major Specific Plan projects or development projects of fifty (50) acres or more in habitat candidate areas. This planning effort shall be oriented to assembling a biologically meaningful open space plan for each new major Specific Plan based development. Consideration shall be given in these planning efforts to issues like habitat linkages, preservation of contiguous zones of native vegetation and protection of riparian corridors. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 56 Policy 3.4. The City shall require that 250 of the land area within all Specific Plans be set aside and designed as open space - resource protection (OS -RP). The following types of development shall not be credited towards this requirement: (1) manufactured slopes; (2) roadways or street right -of -way including parkway landscaping; (3) parking lot landscaping; (4) hard channel improvements constructed within riparian zones or floodways; (5) retention or detention basins; (6) reservoir sites; (7) utility corridors with surface facilities less than 100 feet in width; and, ( 8 ) any other surface constructed infrastructure facility. In cases where 25% of the land area within the Specific Plan is not committed to such uses, plan developers or their successors shall be required to pay appropriate in lieu fees established by the City. No Specific Plan shall be exempt from these requirements. Policy 3.5. The City shall require that all new development proposals comply with study and permitting procedures implemented by the Regional Water Quality Control Board (Section 401 Clean Water Act Permit, the Army Corps of Engineers (Section 404 Clean Water Act), and the California Department of Fish and Game Streambed Alteration Permit Process (Fish and Game Code Section 1600 Consultation). The purpose of this requirement is to ensure that the limited inventory of riparian resources and habitats in the City are properly managed and, to the degree feasible, retained in unmodified condition. Proper consultation with the US Fish and Wildlife Service shall also be required by the City to ensure compliance with federal endangered species regulations. Surveys for rare and endangered species shall be conducted as part of development review for all major development projects situated in areas where native habitat would be removed as a result of construction activities. Policy 3.6. The City shall conserve, preserve, and enhance the quality of biological and native plant community environments throughout the City of Moorpark by participation in or adopting programs to acquire, conserve, or manage dedicated open space resources. In cases where private development projects will damage or eliminated more than 50 acres of native habitat, offsetting mitigation shall be required during the development review process. Acceptable mitigation programs include CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 57 contributions to the management or acquisition of open space containing valuable or special interest habitats, funding restoration programs, habitat improvement programs, and City- wide or regional conservation efforts. Policy 3.7. The City shall require that open space within private development projects be dedicated to appropriate public land management agencies. The City shall also require that biological and open space planning studies be conducted as part of the application process for development projects. This planning effort shall be oriented to assembling a biologically meaningful open space plan for each new major development. Consideration shall be given in these planning efforts to issues like habitat linkages, preservation of wildlife corridors, assembly of contiguous zones of native vegetation and protection of riparian corridors. Policy 3.8. The City shall seek to protect prime or unique agricultural areas (as designated on the State Farmland Mapping Study) in the City's Sphere of Influence and, to the extent feasible, within the City's Area of Interest (Planning Area). This policy shall apply to those areas that are agriculturally productive or that have beneficial qualities for the preservation of open space or protection of significant view corridors. 6.5. Open Space for Resource Management Protection of Open Space from Resource Extraction Effects GOAL 4: The City shall protect scenic and recreational resources from the adverse effects of oil exploration, oil drilling, or resource extraction. Policy 4.1. All oil and gas production sites or development shall be landscaped in accordance with an approved plan that ensures that such facilities are screened from public and private view corridors. All such sites shall be perimeter landscaped with a combination of large box trees (to provide immediate visual screening and smaller plantings designed to ensure full and complete winter and summer screening from adjacent view CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 58 corridors. Perimeter viewshed buffer treatments shall also involve, as appropriate, well- designed and aesthetic perimeter walls and /or the creation of berms and other screening features. Landscaping of all screening features shall be required. Policy 4.2. Drilling or production sites and storage facilities that would be silhouetted on a ridge or prominent knoll shall not be permitted. Drill sites necessitating significant cut and fill programs shall also not be permitted. All development within areas governed by the Hillside Management Ordinance shall conform with the requirements of this Ordinance. Restoration of landforms and vegetation within any areas where drilling, production, or storage occurs shall be rehabilitated to natural conditions. Policy 4.3. New oil extraction or processing activities shall be discouraged where a reasonable certainty exists that such production or processing would (1) impact the quality or quantity of the present domestic water supplies (2) or impact the quality of agricultural water supplies. Policy 4.4. To the extent possible, sand and gravel resource extraction sites within the City identified under SMARA should be preserved for such use unless otherwise redesignated with the consent of the mineral- rights owner and /or the overlying landowner. Policy 4.5. Because of adverse air quality, traffic and quality of life impacts on neighborhoods in the City, including commercial areas along New Los Angeles Avenue, the City shall oppose any increase in production or extension of existing or proposed future sand and gravel resource extraction activities within or adjacent to the City's Area of Interest. The City shall encourage the eunty art -er into reciprocal agreements with appropriate agencies to ensure proper mitigation of long term air quality, _traffic, and infrastructure effects of such resource extraction facilities. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 59 6.6. Area of Interest Land Use Management min the City Urban Restriction Boundary (CURB) and Area of Interest GOAL 5: The City shall create land use designations consistent with adopted land use initiatives to preserve land for agricultural, open space, or recreational uses within the City's Area of Interest. Policy 5.1. The City shall establish a new land use designation [Rural Estate Reserve (RER)] in the Land Use Element. The implementing development standards for this land use designation shall be incorporated into the City's Zoning Ordinance. The zoning ordinance amendments shall address restrictions on lot sizes and land uses consistent with any active adopted land use initiative. The Rural Estate Reserve land use category shall serve as an interim designation until the residential —lands to which the Rural Estate Reserve designation is applied are developed in the future, consistent with land use policy contained in the Land Use Element. Policy 5.2. The Rural Estate Reserve (RER) designation may be applied to all lands suitable for future urban development situated within the City's Area of Interest. The designation may also be applied to appropriate properties situated within the City's Sphere of Influence and Urban limit boundary. Policy 5.3. Lot sizes in areas designated as Rural Estate Reserve (RER) shall be restricted to not less than twenty (20) acres. Policy 5.4. Consistent with any adopted open space and agricultural preservation land use initiative, intensification of residential development over the twenty (20) acre minimum lot sizes shall only be permitted through the approval of a Specific Plan where it can be demonstrated that, (1) urban services exist within 600 feet of a property so designated, or (2 ) that these services can be extended to serve such reserve areas while maintaining the integrity of open space values. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 60 Policy 5. 5. Consistent with any adopted open space and agricultural preservation land use initiative, intensification of residential land use within a property designated Rural Estate Reserve shall not exceed --F!)w .25 dwelling units per 2 aersacre (ones unit per four gross acres) . 6.7. Recreational Objectives Recreational Facility Planning Objectives GOAL 6: The City shall acquire, provide and maintain. public parkland for both passive and active use that is equally accessible to the community on a scale necessary to meet neighborhood, community and sub - regional needs. Policy 6.1. The City shall encourage the joint use of facilities, such as public schools, public and private recreational spaces, to efficiently use mfRulti use facilities to maximize petential recreational use potential. Policy 6.2. The City shall encourage and ensure equal assess —access to parklands for all residents, including the young, handicapped and elderly. Policy 6.3. The City shall develop and provide activities and programs that support both active and passive recreation in indoor and outdoor settings. Policy 6.4. The City shall endeavor to eliminate duplication of recreational services and opportunities. Policy 6.5. The City shall provide recreational /leisure parklands using the standards established in the Moorpark Parks and Recreation Master Plan. Policy 6.6. The City shall acquire and provide parklands in areas where existing demand is the greatest in proportion to population. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 61 Pol icy 6. 7 . The City shall periodically evaluate park and recreational needs and establish through the Circulation Element, the optimal corridor-& alignments for trail systems within community. Policy 6.8. With funds received from in -lieu payments, the City shall acquire, develop, or improve parklands and /or unified trail system components consistent with the needs identified in the Park and Recreation Master Plan and Circulation Element. Policy 6.9. The City shall adopt and maintain through a periodic review a Master Plan of Parks and Recreation as the guide for the provision and maintenance of parkland. This plan should be updated every five (5) years to be consistent with capital improvement plans. 7. IMPLEMENTATION STRATEGIES The following strategies are designed to implement the goals and policies set forth in the preceding sections of this Element. These strategies describe actions that the City should consider to facilitate community goals for the proper management of open space resources, for the conservation of important natural resources, and to properly plan for recreational facilities. 7.1. Open Space and Conservation Strategies 7.1.1. All proposals for future development within— he Gi--t shall be subject to a design review process. This process shall sheul ensure that viewsheds, open space, and scenic corridors are identified either protected and /or enhanced. Changes in the design of projects shall be required if develepffient prepesals.development proposals conflict with good planning practice or with open space or conservation policies contained in this Element. ' 7.1.2. The City shall encourage all development proposals situated within the Moorpark Area of Interest, but CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 62 outside of the City's corporate jurisdiction, to be consistent with the Rural Estate Reserve (RER) designation and implementing pre- zoning ordinance. The City shall actively comment upon and attempt to influence such proposals to ensure consistency with the RER designation. 7.1.3. The City shall provide the County of Ventura Resource Management Agency and the Local Agency Formation Commission with copies of adopted Rural Estate Reserve development regulations and guidelines which shall be considered in any pre - zoning evaluations, agreements, or development project reviews to which the County or City are a party. 7.1.4. The City will review at five ( 5) year I intervals its Land Use Element and Zoning Ordinance to ensure that aesthetic areas with the greatest sensitivity and scenic qualities are protected and /or enhanced. 7.1.5. The City Council shall consider the impacts of Capital Improvement Projects (CIP) on scenic and open space resources. The City shall, to the degree feasible, provide for offsets to the impacts of such projects (such as encouraging landscaping as part of street improvement projects, developing pedestrian amenities at parks that lack such facilities, providing signage indicating trail routes and connections in and through the City). 7.1.6. The City will ensure that prior to development of any Specific Plan area, parklands and potential open space corridors and trail systems are evaluated to protect the surrounding environment and to provide reasonable connectivity between open space within and adjacent to the City. 7.1.7. In cooperation with the County and surrounding cities, the City shall prepare a plan for a community greenbelt system. Consideration of an expansion of existing greenbelts or the designation of new greenbelts shall include guidelines for landscape treatments on all arterial highways, CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 63 trails and paths. The plan should address the feasibility of linking existing and potential new greenbelt areas with other designated open space resources such as parks, trails and other recreational facilities. The intent of this planning effort is in part to provide linkage between both public and private open space resources. 7.1.8. The City shall periodically evaluate the existing bicycle, equestrian and hiking trails plan contained in the City's Circulation Element. Any revisions to the existing plans should encourage linkages between viewsheds, dedicated open space and recreational facilities. 7.1.9. Meerpark sheuld Pprogram implementation of regional trail plans within its jidrisdietien —the City using bet - development review procedures, grant programs, and City funded Capital Improvement programs. 7.1.10. The City shall require all new development to provide landscaping along arterial corridors. 7.1.11. The City shall periodically review the zoning and subdivision ordinances to promote consistency with hillside preservation and management planning efforts designed to protect scenic natural resources. The City shall review and clarify the exemptions, definitions, and language of the Hillside Management Ordinance to ensure that this eed-- -these provisions are is consistent with the intents of the Open Space, Conservation and Recreation Element. 7.1.12. The City shall, to the extent feasible, encourage the use of contour grading in areas where development activities require mass grading in hillsides To the degree achievable, the grading standards in the City's Hillside Development Ordinance shall apply to all projects situated within the jurisdictional boundary of the Ordinance even if projects are deemed exempt from all other provisions of the ordinance. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 64 7.1.13. The City shall encourage a public participation to research and identify areas suitable for open space uses. The City shall encourage the transfer of dedicated open space to public land management agencies. Expansion of dedicated open space within the City shall be sought through the use of private funds, dedication of conservation easements coincident with development, or other suitable means. 7.1.14. An open space inventory and management program to identify areas most suitable for acquisition or management as open space reserves shall be developed. 7.2. Parkland Implementation and Management Strategies 7.2.1. The City shall design and build its park system in a manner that ensures that recreational facilities and open space recreation areas are accessible to the handicapped, young, elderly and any other restricted mobility populations. This intent shall be implemented both through consistency review of plans for new facilities and through surveying and retrofitting existing facilities as needed. 7.2.2. Existing barriers to access of recreational and /or open space resources should be identified and removed or modified where feasible. Removal of such barriers should be eemrl., completed, as funds in the capital improvements budget become available. If such funds cannot be obtained, other sources (e.g., foundation and government grants) will shall be sought. 7.2.3. In its review of public works projects /plans, as required by Section 65401 of the State Planning Law, the City will ensure that recreational opportunities are included, insofar as these are reasonably related to the purpose and functioning of the improvements being constructed. Such recreational opportunities shall include, but not be limited to, active and passive recreation, biking, walking, jogging, picnicking and viewing. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 65 7.2.4. In the conduct of its recreational program, the City shall ensure that a variety of recreational opportunities are available to Moorpark residents. Where —ne eess Try-, Periodic surveys of the population will—should be conducted to determine and evaluate the interests, issues and needs of the community. 7.2.5. The City, Parks and Recreation staff and Commission, shall ensure the consistent and timely execution of recreation programs at hours of operation in eeneert keeping with community needs which shall include consideration for potential impacts on adjacent properties. 7.2.6. The City shall develop a program through the Parks and Recreation Commission to renovate three parklands that no longer meet recreational needs of their surrounding service populations. 7.2.7. The City shall ensure the architectural design and landscape plans of proposals for public and private recreational areas result in reduced maintenance costs and maximum access and use. 7.2.8. The City shall coordinate with local school officials to establish hours of use and operation of joint recreation facilities. Policies, types of activities offered, length and time of operation, shall be coordinated to maximize available recreation resources and minimize duplication of activities. 7.2.9. The City Parks and Recreation Commission shall ensure proposed facilities will serve at least one of the three types needs: neighborhood, community or regional. 7.2.10. The City shall acquire, improve and expanded needed parklands. Priority in the expenditure of funds will be in those areas with the greatest current need as specified in the Parks and Recreation Master Plan. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 66 7.2.11. The City shall require all new subdivisions and residential planned developments to dedicate a portion of the proposed project and /or pay a fee for the purpose of providing parks and recreational facilities. 7.2.12. The City shall review and revise the adopted Master Plan of Parks and Recreation at five to eight year intervals to reflect changing needs and demands of the community. 7.2.13. The City shall acquire properties that are appropriate for use as open space, greenbelts, and parks and recreational facilities as funds and /or dedications permit. 7.3. Conservation Strategies and Resource Protection 7.3.1. The City shall promote water conservation in ee ul ta}ien cooperation with the Ventura County Waterworks District No. 1, Division. No. 1, and any other agency supplying water to the City or protecting the water quality of the City's domestic water supply. The City will support the Ventura County Water Conservation Plan objectives related to providing long -term adequate supplies of high - quality water. 7.3.2. The City shall develop an adequate funding base for the management of environmental resources situated within the City's Area of Interest (General Plan Planning Area). Fees related to proposed developments that result in the elimination of native habitats shall be required to offset impacts to these habitats by funding inventory programs for important habitats, riparian areas, and open space linkages situated within the City's Sphere. 7.3.3. The City shall consider adoption of an overall riparian landscaping design and restoration program for the Arroyo Simi within the City's General Plan Planning Area. This program shall be oriented to preserving, to the extent feasible and consistent CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 67 with the reasonable urbanization of the City, the habitat values within and adjacent to this important riparian corridor. 7.3.4. Riparian corridors and other wetland resources, as well as essential habitats associated with rare and endangered species, shall be given priority in planning the required open space dedications for major developments, including Specific Plans. CITY OF MOORPARK GENERAL PLAN OSCAR UPDATE 2000 PAGE 68 GRAPHIC TO BE INSERTED APPROVED OPEN SPACE PROPERTY IN THE CITY OF MOORPARK ATTACHMENT 2 GRAPHIC TO BE INSERTED PROPOSED OPEN SPACE PROPERTY IN THE CITY OF MOORPARK GRAPHIC TO BE INSERTED PLANNING DESIGNATIONS APPLICABLE TO THE CITY'S OPEN SPACE PROGRAM GRAPHIC TO BE INSERTED EXISTING AND PROPOSED PARK LAND AND FACILITIES GRAPHIC TO BE INSERTED RIDGELIKE PROTECTION ORDINANCE: SIGNIFICANT VISUAL RESOURCES GRP,PHIC TO BE INSERTED POTENTIAL NATURAL PRESERVE AREAS AND HABITAT CONNECTIVITY MAP rr.EM 9 .g. MEPIWO CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Wayne Loftus, Director of Community Development DATE: August 22, 2001 (PC Meeting of 8/27/01) SUBJECT: Consider Review of the Proposed Acquisition by the Moorpark Unified School District of a Twenty -two (22) acre School Site in the Future Moorpark Highlands Specific Plan (Specific Plan No. 2) BACKGROUND Specific Plan No. 2 referred to as Moorpark Highlands, together with a Development Agreement for the project, was approved by the City Council on October 6, 1999. Subsequently, the City Council approved Tentative Tract Map No. 5045 on August 2, 2000, creating 460 single- family residential lots, a seven (7) acre public park site, a twenty -two (22) acre public school site, numerous open space parcels and a multi- family development site for up to 102 dwelling units on approximately eight and one -half (8.5) acres. The approved Tentative Map also provides for street right -of -way reservation for SR 23 and the east /west (118) arterial and establishment of a 101 -acre Habitat Conservation Area for the California Gnatcatcher. This project which encompasses 445 acres has received all entitlements required for development, except a Residential Planned Development Permit (RPD). An application for an RPD for the single- family homes and the multiple family site is expected to be submitted in the near future. The current request is for review and approval by the Planning Commission of the acquisition of the school site by the Moorpark Unified School District as required by provisions of Section 21150 et. seq. of the Public Resource Code. (Environmental Impact Reports for State Funding). The proposed acquisition of twenty -two (22) acres will allow construction of a Middle School, as currently planned by the District. FILE COPY S: \Community Development \Everyone \Planning Commission Agenda Reports \pcmemo.MUSD.8.22.01.doc Planning Commission Agenda Report August 22, 2001 Page 2 DISCUSSION On July 17, 2001, the attached letter dated July 11, 2001, was received from the Moorpark Unified School District requesting an investigation of the proposed school site in Moorpark Highlands as required by the Public Resources Code to allow land to be acquired by the District. The specific information or review that is required through a Draft Environmental Impact Report (EIR) is found in Section 21151.8 of the Public Resources Code, while Section 21151.2 outlines the requirement for Planning Commission review and response. In concert with the approval of the Specific Plan, Development Agreement, Tentative Map, and other required approvals of a General Plan Amendment and Change of Zone approved by the City Council, a Draft EIR was also certified by the City Council. The City Council on April 21, 1999, adopted Resolution No. 99 -1588 certifying the Draft EIR for this project, which is also identified by State Clearing House No. 96041030. In addition to the circulation to state and local agencies of the draft document, supervised by the State Clearing House, distribution to other local agencies and interested parties was undertaken by the City of Moorpark as Lead Agency. The Ventura County Air Pollution Control District received the referenced document and returned comments, which did not reference any concern or potential hazard within one - quarter (1/4) mile of the project site related to air quality impacts or the presence of any known hazardous waste disposal sites within the area. Information in the Draft EIR did not reveal the presence of any known on -site hazards related to waste disposal, either hazardous or solid, or the identification of a hazardous substance release site identified by the State Department of Health Services. Extensive soils testing was done for geotechnical purposes, along with testing of soils for hazardous materials, both of which failed to reveal the presence of any hazardous substances. SUMMARY Based upon the pertaining provisions of the Public Resources Code and the information that is required to be included within a Draft Environmental Impact Report concerning air quality impacts and hazardous substances and sites, the Planning Planning Commission Agenda Report August 22, 2001 Page 3 Commission may vote to approve signature of the attached letter concerning Commission review of the proposed acquisition of the Moorpark Highlands Middle School Site. STAFF RECOMMENDATION Following discussion of this request, approve the Planning Commission Chair to sign the letter to the Moorpark Unified School District concerning review and investigation of the Moorpark Highlands School Site. Attachments: 1) Letter 2) Letter 3) Map of from District from Planning Specific Plan Superintendent of Commission Chair No. 2 School Site July 11, 2001 i.e. site review i I L.NIFIED SCHOOL DISTRICT [ itij'•• � \� •DLit:. ' � � �) i!i_ To: Mr. Wayne Loftus, Community Development Director City of Moorpark From: Dr. Frank DePasquale, Superintendent r }� Moorpark Unified School District Subject: Proposed School Site Acquisition; Moorpark Highlands Middle School Date: July 11, 2001 In accordance with the Moorpark Highlands Specific Plan No. 2 ( "Specific Plan "), the Moorpark Unified School District ( "District ") is in the process of acquiring property to be used for a new middle school ( "Site "). The proposed Site being contemplated for acquisition is a parcel of land approximately 22 acres in size, designated for school use and depicted as Planning Area 7 on the Specific Plan land use map; it is located adjacent to a 7 -acre neighborhood park, shown as Planning Area 6. The Site was reviewed and reserved for school use as a result of a thorough investigation by the District and the California Department of Education. Location of the Site is set forth in Exhibit A attached. In order for the District to complete the acquisition of the Site, Public Resources Code Section 21151.2 requires that the Planning Commission investigate the proposed Site and submit to the District a written report of the investigation and its recommendations concerning acquisition of the property. Attached for your use is a sample response letter to be executed by the Planning Commission and returned to the District as soon as possible. Please feel free to modify the letter as needed. Your prompt attention to this matter is greatly appreciated. Please contact Ms. Areli Hernandez at the District Office (805/378 -6300) if you have any questions or need additional information regarding this matter. Exhibit A: Map of the Site Attachment: Sample Response Letter IN, ATTACHMENT 1 'p SO�1 ;3.11.U�i'1 \. ►' ,..:!. a' k,Ak1 CA1041 \1.1 h ,:Jci1i tillND", YA11A (;Itl:(; i1A;?3:1•,12. FRANK Ph.D., 0 ,: L MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 August 22, 2001 Dr. Frank DePasquale, Superintendent Moorpark Unified School District 30 Flory Avenue Moorpark, CA 93021 Subject: Planning Commission Review of Proposed Moorpark Highlands Middle School Site Dear Dr. DePasquale: In response to your request, the City of Moorpark Planning Commission has reviewed, at its regularly scheduled meeting of August 27, 2001, the Moorpark Unified School District's proposed acquisition of land for the new Moorpark Highlands Middle School ( "Site "). The proposed twenty -two (22) acre School Site is located in the Moorpark Highlands Specific Plan No. 2, on a parcel designated as Planning Area 7 on the Specific Plan land use map. The Site is located adjacent to a seven (7) acre neighborhood park shown as Planning Area 6. Pursuant to the requirement of California Public Resources Code Section 21151.2, the Planning Commission has investigated the proposed acquisition of the Site with respect to promoting the safety of pupils and comprehensive community planning. It has been determined that the Moorpark Highlands Middle School Site is consistent with the City's General Plan and the adopted Moorpark Highlands Specific Plan No. 2; no conflicting land uses are present. The site is appropriate for acquisition by the District. If any further information is needed, please contact Wayne Loftus, Director of Community Development at (805) 517 -6258. Sincerely, Janice Parvin, Chair Planning Commission c: Steven Kueny, City Manager Wayne Loftus, Director of Community Development John Libiez, Planning Manager File (Specific Plan No. 2, Moorpark Highlands) Chroni ATTACHMENT 2 PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Ali - - - - - - - - - - - ITEM 0 c CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Chairman and Members of the Planning Commission FROM: Wayne Loftus, Director of Community Development40t� DATE: August 22, 2001 (PC Meeting of 8/27/01) SUBJECT: Consider a Change in the Time for Planning Commission Meetings The City Council and the Parks and Recreation Commission have both rescheduled their regular meeting time to 6:30 p.m. The earlier meeting times have provided residents of the community enhanced opportunity to participate in the public process, while allowing them to arrive home with time to spend with their families. The Planning Commission may desire to consider a change in meeting time to 6:30 p.m. from the currently scheduled staring time of 7:00 p.m. STAFF RECOMMENDATION Direct staff as deemed appropriate. S: \Community Development \Everyone \Planning Commission Agenda Reports \pcmemo.meetingtime.8.22.0l.doc