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Home My WebLink AboutAG RPTS 2002 0123 CC ADJCITY COUNCIL MEETING ADJOURNED TO WEDNESDAY, JANUARY 23, 2002 6:30 P.M. CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 16, 2002 6:30 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. INVOCATION: SILENT MOMENT OF REFLECTION. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 799 Moorpark Avenue Any member of the public may address the Council 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 Council 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 City Clerk 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 /Action /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 City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 517 -6223. Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 2 5. PROCLAMATIONS AND COMMENDATIONS: 6. PUBLIC COMMENT: 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment (ZOA) No. 2001 -01 Amending Chapters 17.08, 17.20, 17.24, and 17.28 of the Municipal Code Related to Recreational Vehicle Storage and Parking. (Continued Open Public Hearing from City Council meeting of December 5, 2001.) Staff Recommendation: 1) Close the public hearing and continue this item off calendar; and 2) Direct staff to re- advertise for public hearing upon completion of the necessary revisions. B. Consider Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of the New Ordinance (Zoning Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of December 5, 2001)). Staff Recommendation: 1) Continue the public hearing, take public testimony, and close the public hearing; and 2) Waive full reading and introduce Ordinance No. for first reading. C. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single - family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 3 9. PUBLIC HEARINGS: (continued) (Continued Open Public Hearing from City Council meeting of January 16, 2002 to Adjourned City Council Meeting of January 23, 2002.) Staff Recommendation: 1) Adopt Resolution No. 2002- Certifying the Final Environmental Impact Report (SCH 1994081075) and approving the Mitigation Monitoring Program; 2) Adopt Resolution No. 2002- approving General Plan Amendment 99 -01; 3) Introduce Ordinance No. for first reading adopting Zone Change 99 -01; 4) Adopt Resolution No. 2002- approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No. 99 -02, subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance. D. Consider Adoption of Ordinance for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. (Continued Open Public Hearing from City Council meeting of January 16, 2002 to Adjourned Meeting of January 23, 2002.) Staff Recommendation: 1) Take public testimony and close public hearing; and 2) If an approval decision is made on the related West Pointe project, introduce Ordinance No. for first reading, approving Development Agreement No. 2001 -01, subject to insertion of revised language for Section 6.11 and incorporation of minor edits recommended by staff. E. Consider the Appeal of Planning Commission Decision on Appeal 2001 -05, Appealing Various Conditions Established by the Director of Community Development for Approval of Administrative Permit No. 2001 -10, to Allow a Second Dwelling Unit at 6086 Gabbert Road. (Applicant: Cindy Hollister) . (Continued Open Public Hearing from City Council meeting of December 19, 2001). Staff Recommendation: 1) Continue the public hearing; accept public testimony; close the public hearing; 2) Adopt Resolution No. 2002 -1932, sustaining the Planning Commission decision to Deny Appeal No. 2001 -05, and further modifying the conditions of Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 4 9. PUBLIC HEARINGS: (continued) approval; and 3) Direct Staff to begin code enforcement action for removal of non - permitted mobilehome within ninety (90) days. F. Consider Commercial Planned Development Permit No. 2000 -02 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 on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue / Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty. (Continued Open Public Hearing from City Council meeting of January 16, 2002 to Adjourned City Council Meeting of January 23, 2002.) Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt Resolution No. 2002- denying CPD No. 2000 -02 without prejudice, or accept the applicant's request for withdrawal. G. Consider Dedicating Community Development Block Grant (CDBG) Funds Authorized For Affordable Housing For Program Year 1998 ($12,000) to Administrative Costs For CalHome Mobilehome Rehabilitation. (ROLL CALL VOTE REQUIRED) Staff Recommendation: 1) Open public hearing, accept public testimony, and close public hearing; 2) Authorize $12,000 in CDBG Affordable Housing funds to be designated for CalHome mobilehome rehabilitation program set -up and service delivery fees for approximately 12 _mobilehome rehabilitation loans; 3) Limit each borrower's share of the transaction costs of a mobilehome rehabilitation loan to the costs of appraisal and loan processing, not to exceed $750; and 4) Stipulate that loan costs for each CalHome mobilehome rehabilitation loan transaction are to be paid by the CalHome service delivery fee (5% of loan amount); borrower, subject to a maximum amount of $750; and CDBG funds. Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 5 H. Consider Adoption of an Ordinance to Rescind Existing Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. Staff Recommendation: Open the public hearing, take public testimony, and continue the public hearing open to February 6, 2002. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of the Re- design of the Retaining Walls for the Los Angeles East Improvement Project (Project 8012) . Staff Recommendation: 1) Approve the redesign of the retaining walls to provide for the construction of reinforced concrete soil nailed simulated rock cut wall; and 2) Use existing easement documents and defer preparation of new easement documents unless right -of -way costs exceed the cost of their preparation. 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Adjourned Meeting of December 20, 2001. Consider Approval of Minutes of Special Meeting of January 9, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - January 16, 2002. Manual Warrants 108095 - 108096 $ 28,325.25 Voided Warrants 106042 & 107095 & $ (841.50) 107910 (Pentamation additional 107983 & 108084 remittance copy) Payroll Liability 107960 - 107968 & $ 11,527.02 Warrants 108085 - 108094 $ 16,632.18 Regular Warrants 107969 - 108083 & $748,940.11 108100 - 108156 & $ 11,499.02 108157 - 108183 $269,785.55 Staff Recommendation: Approve the warrant register. Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 6 C. Consider Use of Funds Received Pursuant to Memorandum of Understanding with Hidden Creek Ranch LP, North Park Village LP, and Messenger Investment Company. Staff Recommendation: Direct staff to deposit $130,000 of funds received pursuant to the Memorandum of Understanding into the City Hall Improvement Fund. D. Consider Authorizing City Manager to Approve a Professional Services Agreement between the City of Moorpark and California CD Creations, Inc., for the Scanning of City Records to Digital /Electronic Image in the Questys Software Format. Staff Recommendation: Authorize the City Manager to approve the Agreement between the City and California CD Creations, Inc. E. Consider Adjustment to the Hourly Rates Charged for Engineering Services. Staff Recommendation: Approve a 2.7% increase to the rates charged for Engineering Services, effective January 1, 2002. G. Consider Resolution Designating Poindexter Avenue to be a Through Street in the Vicinity of Endeavor Court, and Directing the Placement of a Stop Sign at the Endeavor Court Entrance Thereto. Staff Recommendation: Adopt Resolution No. 2002 -1933. H. Consider Resolution in Support of Proposition 42, a Measure to Restrict the Use of Gasoline Taxes to Transportation Systems Improvements. Staff Recommendation: Adopt Resolution No. 2002 -1934. I. Consider Support for Assembly Bill 1145 Regarding Formation Proceedings for Regional Open -Space District in Ventura County. Staff Recommendation: Support Assembly Bill 1145 and authorize the Mayor to sign letters of support. THIS ITEM WAS PULLED FOR INDIVIDUAL CONSIDERATION: F. Consider an Agreement between the City of Moorpark, and MSE for Regular Monthly Household Hazardous Waste (HHW) Event Participation. Staff Recommendation: 1) Approve the Agreement between the City of Moorpark, and MSE Environmental Inc. for provision of Regional Household and Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Collection Program Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 7 Services, subject to City Attorney and Cit y City Manager to execute 12. ORDINANCES: 13. CLOSED SESSION: final language Manager; and the Agreement. approval by the 2) Authorize the A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 203 E. Los Angeles Ave., Moorpark, CA 93021 and 213 E. Los Angeles Ave., Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Wayne Colmer Under Negotiation: Price and terms of payment F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Adjourned - City Council Agenda From: January 16, 2002 To: January 23, 2002 Page 8 G. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 14. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517- 6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ITEM 9• C T-1 %ice- Y�Ll.tr ^✓'l�!'�' %rE'_c�.l' 1 r'1C OLY26Z- ACI C° 19 MOORPARK CITY COUNCIL �� ! �� f �lc�tt J Lw-d z_7L, 4i c I st AGENDA REPORT vP�lGtiv ��'��+ << re, r'Lt'AtI ► }c rr�� To: The Honorable City Council From: Deborah S. Traffenstedt, Acting Director of Community Development -3) 5-T. Date: January 18, 2002 (CC Adjourned Meeting of 1/23/02) Subject: Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single - family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Adjourned with Public Hearing Open from City Council Meeting of January 16, 2002) BACKGROUND On October 3, 2001, the City Council opened the Public Hearing on the General Plan Amendment, Zone Change, Residential Planned Development and Vesting Tentative Tract Map, as noted above, for the proposed single- family residential project known as North Ranch at Moorpark, the applicant for which is West Pointe Homes. Located on the west side of Walnut Canyon Road (SR -23), approximately 3,500 feet north of Casey Road, this project proposes 250 single - family dwellings on a 350 -acre site comprised of level to steeply, sloping land (Assessors Parcel Numbers 500 - 260 -025, 045, 075, 085 and 095; 500 - 270 -90, 140, 155 and 165). The City Council subsequently held continued public hearings on October 17, November 7, November 19, December 5, and December 19, 2001, and January 16, 2002. At the January 16, 2002 meeting, the Council reviewed a revised Vesting Tentative Map showing an 84 -foot right -of -way for "A" Street. At that meeting, the Developer was requested to analyze whether increased parkway landscaping could be provided along the south side of "A" Street to allow for greater flexibility to accommodate any further need to increase the number of lanes. S: \Community Development \Everyone \City Council Agenda Reports \cc - 020123 stf rpt WestpointE.y 01 Homes.doc Final EIR (SCH- 1994081075), GPA No. 99 -01, ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187, West Pointe Homes January 23, 2002 Page 2 DISCUSSION A revised Vesting Tentative Map and cross - section are attached. An additional 10 feet of landscaped parkway area is now shown along the south side of "A" Street as an irrevocable easement. The revised design is consistent with Council direction. The following approval documents are attached to this report: • Resolution to certify the Final Environmental Impact Report (EIR) and adopt EIR Findings and approving the Mitigation Monitoring and Reporting Program • Resolution for the General Plan Amendment • Zone Change Ordinance • Resolution for Vesting Tentative Tract Map, and Residential Development Permit, including conditions of approval Staff is continuing to work on the Mitigation Monitoring and Reporting Program and it will be provided under separate cover. The most recent revisions to conditions of approval are shown with legislative format. At the January 23 adjourned meeting, Staff is recommending the public hearing should be closed and the resolutions, conditions of approval, and ordinance should be enacted in the following sequence: 1. Adoption of Resolution to Certify the EIR and approve the Mitigation Monitoring and Reporting Program. 2. Adoption of Resolution approving the General Plan Amendment. 3. Introduce Zoning Ordinance for first reading. 4. Adoption of Resolution to approve the Vesting Tentative Tract Map and Residential Planned Development Permit, to become effective upon the effective date of the Zoning Ordinance. STAFF RECOMMENDATIONS 1) Adopt Resolution 2002- Certifying the Final Environmental Impact Report (SCH 1994081075) and approving the Mitigation Monitoring and Reporting Program; 2) Adopt Resolution 2002- approving General Plan Amendment 99- 01; 3) Introduce Ordinance No. for first reading adopting Zone Change 99 -01; and 4) Adopt Resolution 2002- approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No.99 -02, S: \Community Development \Everyone \City Council Agenda Reports \cc - 020123 stf rpt Westpointe 000002 Homes.doc Final EIR (SCH- 1994081075), GPA No. 99 -01, ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187, West Pointe Homes January 23, 2002 Page 3 subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance. Attachments: 1. Revised Vesting Tentative Map 2. Typical Cross - section for " A" Street 3. Draft Resolution Certifying Final EIR SCH- 1994081075 (Mitigation Monitoring and Reporting Program not included) 4. Draft Resolution Approving GPA 99 -01 5. Draft Ordinance Approving Zone Change 99 -01 6. Draft Resolution Approving VTTM 5187 and RPD 99 -02 000003 S: \Community Development \Everyone \City Council Agenda Reports \cc - 020123 stf rpt Westpointe Homes.doc v, J oc#wrr Wp VESTING TENTATIVE TRACT MAP No. 5187 n C) Ck� 4.5 FT. PARKWAY J I VV JI L./ L- YY/-\Lf\ REVISED "A" STREET- 84' R. ❑, W. - PUBLIC STREET HORIZ. SCALE: N.T.S. n m z a N RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH- 1994081075) AS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE NORTH RANCH AT MOORPARK PROJECT: GENERAL PLAN AMENDMENT NO. 99 -01, ZONE CHANGE 99 -01, VESTING TENTATIVE TRACT NO. 5187, AND DEVELOPMENT AGREEMENT 2001- 01, ON THE APPLICATION OF WEST POINTE HOMES. WHEREAS, an application has been filed by West Pointe Homes for the North Ranch at Moorpark project, consisting of General Plan Amendment 99 -01, Zone Change 99 -01, Vesting Tentative Map No. 5187 and Development Agreement 2001 -01 for an approximately 350 acre site located within the City of Moorpark, Ventura County, California, northerly of Casey Road, and west of Walnut Canyon Road, and incorporating more or less Assessor Parcel Numbers: 500 - 260 -025; 500 - 260 -045; 500 - 260 -075; 500 - 260 -085; 500 - 260 -095; 500 - 270 -090; 500 - 270 -140; 500 - 270 -155; 500 - 270 -165; and WHEREAS, the Final Environmental Impact Report (FEIR) for the North Ranch at Moorpark Project (State Clearinghouse No. SCH- 1994081075) provides an environmental assessment of the proposed project in accordance with the California Environmental Quality Act (CEQA) , Division 13 of the Public Resources Code of the State of California, and the State CEQA Guidelines; and WHEREAS, public notice and availability and distribution of the Draft EIR was provided in compliance with CEQA; and WHEREAS, public notice having been given in time, form, and manner as prescribed by law, the Planning Commission considered all comments related to the Draft EIR and the responses thereto, at public hearings for the Draft EIR at its September 11, October 23, November 13 and 27, December 11 and 19, 2000 meetings and reached its decision to recommend certification of the Final EIR and approval of the Specific Plan project at its meeting of December 19, 2000, and did provide such recommendation to the City Council of the City of Moorpark in Planning Commission Resolution No. PC- 2000 -401; and WHEREAS, public notice having been given in a time, form, and manner prescribed by law, the City Council held public hearings on the North Ranch at Moorpark development project on 000,OOG ATTACHMENT, 3 Resolution 2002 - North Ranch at Moorpark EIR Certification Page 2 October 3 and 17, November 7, December 5, December 19, 2001, and January 16, and 23, 2002, and received public testimony on the Final EIR and the proposed project at those public hearings, and closed the public hearing on the EIR on January 23, 2002; and WHEREAS, in the course of its environmental review, the City Council discussed alternatives for development design within the project with the applicant that would provide additional mitigation through the project design, and did require said changes to be made in the design of the land plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Final EIR for the North Ranch at Moorpark development project (EIR SCH# 1994081075), as on file within the Department of Community Development, and incorporated by reference, has been completed in compliance with CEQA, the CEQA Guidelines, and the City's CEQA Procedures. SECTION 2. That the Final EIR was Council as the decision - making body and considered the information contained in approving the project. presented the Council the Final to the City reviewed and EIR prior to SECTION 3. That the Final EIR reflects the lead agency's independent judgment and analysis. SECTION 4. That the City Council finds that the North Ranch at Moorpark development project Final EIR adequately addresses all issues raised after the close of the public review period and prior to the close of the public hearing on the project, and that no new significant environmental impact has been identified, nor has there been identified any feasible project alternative or mitigation measure considerably different from others previously analyzed, and that the identified adverse environmental impacts can be mitigated to less than significant. The City Council further finds that prior to the approval of the development project a statement of overriding considerations shall not be required to approve the project as all identified potentially adverse environmental risks associated with the project have been mitigated to less than the class 1 level, and that the Mitigation Monitoring and Reporting Program for the S: \Community Development \Everyone \Resolutions and Conditions \cc 020123 WestPointe FEIR res.doc 00000'7 Resolution 2002 - North Ranch at Moorpark EIR Certification Page 3 project provides for appropriate levels of oversight and compliance and is hereby adopted and included as Exhibit A to this resolution. SECTION 5. The City Council hereby designates the Office of the City Clerk and the Community Development Department as the custodians of the records constituting the record of proceedings upon which its decision has been based. Original resolutions along with one copy of the attachments referenced therein shall be deposited within the Office of the City Clerk. The Community Development Department shall be designated the repository and archive for all historical and active materials related to the West Pointe Homes North Ranch at Moorpark project. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 23rd day of January, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - Mitigation Monitoring and Reporting Program S: \Community Development \Everyone \Resolutions and Conditions \cc 020123 WestPointe FEIR res.doc /� 0000+08 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) NO. 99 -01 TO CHANGE THE LAND USE DESIGNATION FROM RURAL LOW DENSITY (RL) TO MEDIUM LOW (ML) AND OPEN SPACE -1 (OS -1) AND OPEN SPACE -2 (OS -2) ON NINE PARCELS (APN'S 500- 260 -025, -045, -075, -085, AND -095; 500 -270- 090, -140, -155, AND -165) TOTALING APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed public hearing on October 3, 2001, and continued public hearings on October 17, November 7, December 5, and December 19, 2001, and January 16 and January 23, 2002, the City Council considered General Plan Amendment No. 99 -01 filed by West Pointe Homes, Inc., for a change in the Land Use Designation of the Land Use Element of the General Plan from Rural Low Density (RL) to Medium Low (ML) and Open Space -1 (OS- 1) and Open Space -2 (OS -2) on nine (9) parcels (APN'S 500 -260- 025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and - 165) totaling approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road. WHEREAS, at its meeting of October 3, 2001, the City Council opened the public hearing and took public testimony and continued the item, public hearing open, to subsequent meetings, and on January 23, 2002, closed the public hearing; and WHEREAS, at its meeting of January 23, 2002, the City Council adopted Resolution No. 2002- certifying the Final Environmental Impact Report (EIR) No. SCH- 1994081075 for the proposed project; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony received, has made a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that General Plan Amendment No. 99 -01 is consistent with the approved Final EIR. S: \Community Development \Everyone \Resolutions and Conditions \cc 020123 WATT C �NT 00000 Resolution No. 2002 - West Pointe GPA 99 -01 Page 2 SECTION 2. That the City Council adopts the following additional findings: California Environmental Quality Act (CEQA) Findings 1. That Final EIR No. SCH- 1994081075 was prepared for the West Pointe Homes project, including GPA 99 -01, and was certified by the City Council on January 16, 2002, as having been completed in accordance with the California Environmental Quality Act (CEQA) , the CEQA Guidelines, and the City's CEQA Procedures. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved EIR have been incorporated and shall apply to General Plan Amendment No. 99 -01. 3. A Mitigation Monitoring and Reporting Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to General Plan Amendment No. 99 -01. SECTION 3. That the City Council hereby approves General Plan Amendment No. 99 -01 for a change in Land Use Designation from Rural Low Density (RL) to Medium Low (ML) and Open Space -1 (OS -1) and Open Space -2 (OS -2) as further described in Exhibit A. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 23rd day of January, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: General Plan Exhibit Maps 0 a 0 uo-L OPEN SPACE P.U.B. PUBLIC INSTITUTIONAL M.L. MEDIUM LOW EXHIBIT "A" G.P.A. 99 -01 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 99 -1 FOR A CHANGE IN THE ZONING DESIGNATION FROM RE -5 ACRE MINIMUM LOT SIZE TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) 1.80 DWELLING UNITS PER ACRE AND OPEN SPACE (OS) ON NINE PARCELS (APN'S 500- 260 -025, -045, -075, -085, AND -095; 500 - 270 -090, -140, -155, AND -165) TOTALING APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed public hearing on October 3, 2001, and continued public hearings on October 17, November 7, December 5, and December 19, 2001, and January 16 and January 23, 2002, the City Council considered the application filed by West Pointe Homes for approval of Zone Change No. 99 -1 for a change in the Zoning Designation on the property from RE -5 acre minimum lot size to Residential Planned Development (RPD) 1.80 dwelling units per acre and Open Space (OS) on nine (9) parcels (APN'S 500 - 260 -025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and -165) totaling approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road; and WHEREAS, at its meeting of October 3, 2001, the City Council opened the public hearing and took public testimony and continued the item, public hearing open, to subsequent meetings, and on January 23, 2002, closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony, has made a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council adopts the following additional findings: California Environmental Quality Act (CEQA) Findings 1. That EIR SCH- 1994081075, prepared for West Pointe Homes and its ancillary applications, and certified by the City Council on January 23, 2002, by Resolution No. 2002, serves as the environmental document for Zone Change No. 99 -01 as permitted by Section 15182 of the Guidelines to implement CEQA as adopted by the California Resources Agency. �. 000012 Ordinance No. Zone Change No. 99 -01 Page 2 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved Environmental Impact Report have been incorporated and shall apply to Zone Change No. 99 -01. 3. A Mitigation Monitoring and Reporting Program, prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects, applies to Zone Change No. 99 -01. SECTION 2. The City Council hereby finds that the proposed Zone Change will be in conformance with the City's General Plan, subject to adoption of a Resolution approving General Plan Amendment 99 -1, and is in conformance with the City Municipal Code, including Title 17, Zoning. SECTION 3. The City Council hereby finds that approval of this Zone Change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for those reasons it is appropriate to reclassify the property to RPD 1.80, as the RPD designation would provide a suitable location for residential land uses that are compatible with property located in the vicinity of the property. SECTION 4. The City Council hereby approves Zone Change No. 99 -1 changing the zoning designation on the property from RE -5 acre (Rural Exclusive 5 acre minimum lot size) to RPD 1.8 (Residential Planned Development 1.8 units per acre maximum) and OS (Open Space), as further described in Exhibit A. SECTION 5. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved zone change. SECTION 6. This Ordinance shall not become effective until the date that the ordinance adopting a Development Agreement between the City and the Developer shall become effective. SECTION 7. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, 000013 Ordinance No. Zone Change No. 99 -01 Page 3 subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute order of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 23rd day of January, 2002. ATTEST: Deborah S. Traffenstedt, City Clerk EXHIBIT A: Zone Change Map Patrick Hunter, Mayor 000014 0 0 R. r. U. HLNULNIIAL PLANNLU DEVELOPMENT EXHIBIT "A" ZC 99 -01 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 5187 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -02 FOR THE SUBDIVISION OF APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD INTO 250 SINGLE - FAMILY RESIDENTIAL LOTS AND DETACHED SINGLE - FAMILY RESIDENTIAL UNITS, THREE RECREATIONAL LOTS, THREE ENTRY /LANDSCAPING LOTS, TWO PROJECT DETENTION BASIN LOTS, ONE REGIONAL DETENTION BASIN LOT, ONE WATER TANK LOT AND THREE OPEN SPACE LOTS FOR A TOTAL OF 263 LOTS, ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed public hearing on October 3, 2001, continued public hearings on October 17, November 7, December 5, and December 19, 2001, and on January 16 and January 23, 2002, the City Council considered Vesting Tentative Tract Map. No. 5187 and Residential Planned Development Permit No. 99- 02 on the application of West Pointe Homes for the subdivision of approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road into 250 single- family residential lots and thirteen (13) other lots and construction of 250 single- family residential units (APN's 500 - 260 -025, 500 - 240 -045, 500 - 270 -075, 500 - 270 -085, 500- 260 -095, 500 - 270 -090, 500 - 270 -140, 500 - 270 -155, 500 - 270 -165); and WHEREAS, at its meeting of October 3, 2001, the City Council opened the public hearing and took public testimony and continued the item, public hearing open, to subsequent meetings, and on January 23, 2002, closed the public hearing; and WHEREAS, at its meeting of January 23, 2002, the City Council adopted Resolution No. 2002- certifying Final Environmental Impact Report (EIR) No. SCH- 1994081075 for the proposed project; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony received has reached its decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: 7T' - H1 ENT 6 S: \Community Development \Everyone \Resolutions and Conditions \cc 020123 West Pointe VTM & RPD Res.doc 00001G Resolution No. 2002 - VTM No. 5187 and RPD No. 99 -02 Page 2 SECTION 1. The City Council does hereby find that Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 are consistent with the City's General Plan as amended by General Plan Amendment No. 99 -01. SECTION 2. The City Council further finds that Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 are consistent with the approved Final EIR. SECTION 3. The City Council hereby adopts the following additional findings: C.E.Q.A. Findinqs 1. That Final EIR SCH- 1994081075, prepared for the West Pointe Homes North Ranch at Moorpark project serves as the environmental document for Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 and has been completed in accordance with the California Environmental Quality Act (CEQA) , the CEQA Guidelines, and the City's CEQA Procedures. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved EIR have been incorporated and shall apply to Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. 3. A Mitigation Monitoring and Reporting Program was prepared and adopted in compliance with Assembly Bill 3180 and applies to Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. Subdivision Map Act Findings: Based on the information set forth above, it has been determined that Vesting Tentative Tract Map No. 5187, 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 City of Moorpark General Plan. 000017 Resolution No. 2002 - VTM No. 5187 and RPD No. 99 -02 Page 3 2. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. Residential Planned Development Permit Findings: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. i f ,1 t . .l Resolution No. 2002 - VTM No. 5187 and RPD No. 99 -02 Page 4 6. The proposed project 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(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 4. The City Tentative Permit N Approval. Tract Map No. 5187 No 99 -02, subject Council hereby approves Vesting and Residential Planned Development to the attached Conditions of SECTION 5. The approval of Vesting Tentative Map No. 5187 and Residential Planned Development Permit No. 99 -02 is contingent upon final approval by the City Council of General Plan Amendment No. 99 -01 and Zone Change No. 99 -01 and shall not become effective until the effective date of the zone change ordinance. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 23rd day of January, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit A - Conditions of Approval for Vesting Tract Map No. 5187 Exhibit B - Conditions of Approval for Residential Planned Development Permit No. 99 -02. oo00J .9 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5187: A. DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. Application of City Ordinances /Policies: The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark 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 ands:— his /her 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 Tract Map shall expire three (3) years from the date of its approval. The Director of Community Development may, at his /her 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 he /she 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 permit. 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, 000020 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 6 action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, 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 settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 5. Effect of Conditions: 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. The approved Mitigation Monitoring and Reporting Program is included as an attachment to the approving resolution, and all mitigation measures are requirements of the Vesting Tentative Tract Map and Residential Planned Development Permit, as applicable. 6. 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. 7. Duplication of Conditions: Ml-t-iga Program (?4MRP) shall have the same affeet and status asreeemmended eenditiens for eemplianee with regard to the Traet Map and Residential Planned Develepment- Per-m-it. All mitigation measures contained within the approved Mitigation Monitoring Report and Program 000021 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 7 (MMRP) are hereby adopted as requirements of the Vesting Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occurs and applicability for compliance is questioned by the Developer, the Director of Community Development will determine the applicable condition compliance requirements for each phase of development. 8. Title Report: Prior to Approval of the Final Map, 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. 9. Image Conversion of Plans: Prior to approval of the Final Map, the builder shall pay to the City a fee for the image conversion of the final map and improvement plans, as determined by the Director of Community Development, into an electronic imaging format acceptable to the City Clerk. 10. Consistent with the City's General Plan Housing Element, -T ; the Resident °' Planned — Develep� tent Perit - - - - - -- -- . ....... ...... and Vesting Tentative Tract Map is subject to execution of an Affordable Housing Agreement (Seetien 6.11 ef the between the City of Moorpark and the Applicant or Developer. The Affordable Housing Agreement shall set forth the procedure for meeting an affordable housing requirement of 10 percent of the total number of approved dwelling units. The Agreement may be part of a Development Agreement. Execution of the Affordable Housing Agreement is required prior to final map approval and approval of Zoning Clearance for grading permit. 11. Outstanding Case Processing Costs: The Applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prier te resident i true ure . within three ( 3 ) days of approval of this Vesting Tentative Tract Map. The Applicant, permittee, or successors in interest shall also submit to the 000022 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 8 Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of theRP9 and Tentative Map. 12. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for grading Applicant shall submit a complete Landscape Plan, together with specifications and a separate Maintenance Plan for approval to the Director of Community Development and the City's Landscape Consultant. The Landscape Plan shall encompass all areas required to be planted consistent with these conditions of approval and the adopted Mitigation Monitoring and Reporting Program and shall incorporate the recommendations of the required Tree Report, Habitat Enhancement Plan, Habitat Restoration c Plan Riparian Study, and Fire ............. ...................... ............._.............._.. ..........................._ .......................... ........ _............ Hazard Reduction Program. a. Prior to initial review of the landscape plans, the Applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The Applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the Applicant. b. The Landscape Plan shall include landscaping for the Water Tank Lot No. 260. C. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. d. Prior to final inspection by the City of Moorpark, the Applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. e. Prior to final inspection by the City of Moorpark, the Applicant shall provide a written certification for the operation of the backflow device. 000023 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 9 f. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. g. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. h. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. i. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height; any front yard landscaping for residences that may be required by the approval of an RPD; e-nd all common areas to be maintained by the Homeowners' association including but not limited to parkways, median strips and slope easement areas located along Walnut Canyon Road and interior streets, and habitat mitigation areas. Front Yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Director of Community Development prior to final inspection and release of utilities. j. The streetscape within each neighborhood shall be fully landscaped and treated with rural design features typieal ef the immediate --- . __4_ Vieinity consistent with rural aesthetic requirements of the adopted Mitigation Monitoring and Reporting Program. k. Prior to issuance of a Zoning Clearance for grading permit, Tthe Applicant shall provide a Tree Report and tree replacement plan consistent with Grdinanee Ne. 101 City Municipal Code requirements as a part of the Landscape Plan. Native plants shall be- used- in-the resteratien e-f areas disturbed by the eenstruetien ef the prey eet . The Gity shall faeniter - the use &f native plants threugh review and approval of al-I 000024 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 10 1. Additional trees shall be provided and located as approved by the Director of Community Development to offset the value of the trees to be removed, consistent with City Municipal Code requirements. The Landscape Plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development. M. Invasive Plants listed in Table 4 -2 of the Environmental Impact Report shall be prohibited in all landscaped areas. n. The permanent removal of 10 California walnut trees located within the California walnut woodland community, shall be replaced at a 10:1 mitigation ratio by planting 100 California walnut trees on the site or in the adjacent dedicated open space area, as determined appropriate by the Director of Community Development. The trees shall be planted predominantly within the upland areas above the detention basin, in upland areas within restored riparian corridors, and in other upland areas within the dedicated open space area. To ensure maximum survival rates, these replacement trees shall be a minimum of fifteen - gallon specimens that are six (6) feet tall with a one (1) inch trunk caliper when planted. Larger tree sizes may.........._be.... required. _by........._the Director of.........._Community Development in accordance with the tree replacement /enhanced landscaping requirements of the City's Municipal Code Title 12, Chapter 12.12. Temporary irrigation will be required until trees have become established. o. The entrance to the proposed project shall be designed to provide entry monumentation, appropriate landscaping and signage at the entry point. An orderly and consistent tree planting program shall be established for both entrance roads to provide a landscaping pattern along the entranceways that resembles a rural ranch entry road design as approved by the Director of Community Development. 000025 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 11 p. Restoration landscaping along Walnut Canyon Road shall emphasize reestablishment of existing native and non - native habitat. The landscaping program for areas visible from Walnut Canyon Road shall emphasize restoration of the existing vegetation and the use of tiered, tree lined streets to minimize the effects of the urban desian planned alona this perimeter of the project. 19--i-q.. The eastern perimeter of the project shall be designed to provide a substantial restoration of riparian landscape features within the Walnut Canyon drainage situated between Walnut Canyon Road and the project. The drainage /detention facility slopes within both the public Distriet}- -and private debris /detention facilities within the development shall be landscaped with native riparian woodland plants (such as valley oak, live oak, sycamore, poplar, and willow). Similar landscaping shall be provided in the arainag ^the drainage located central to the . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'a . project. Any landscpe planting within the public detention facility along Walnut Canyon Road is subject to the approval of the Ventura County ------ ------------ -- - - - - -- --- - - - - -- Flood Control District. r. Prior to approval of the final map.a Zoning Clearance for grading, the Applicant shall prepare a Riparian Study for the purpose of providing an enhanced riparian canopy along the Walnut Canyon drainage consistent with requirements of the Department of Fish and Game and Army Corps of Engineers. The Riparian Study shall be incorporated into the required Landscape Plan. All riparian habitat planting shall be completed prior to the first residential occupancy approval. The restoration shall be performed in accord with current best available restoration procedures. The Applicant (or a designee) shall be responsible for maintaining the restoration areas for a period of three years or until the native grasses, riparian corridor, Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 12 and perimeter plantings are successfully established. 13. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this program shall include consultations with the Applicant's engineering geologist. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery shall be limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. 14. Habitat Enhancement Plan: Prior to issuance of a Zoning Clearance for grading permit, the Applicant shall complete and submit to the City for approval by the Director of Community Development, a Habitat Enhancement Plan (HEP) prepared by a qualified biologist. The PlanHEP shall apply to all existing or created on -site oak woodlands, riparian areas, detention basins, and fuel modification zones. The purpose of this plan shall be to increase the biological earrying eapaeityvalue of these areas. The native species planting recommendations of the HEP -------------------------------------------------------------------------------------------- ------------------------- - - - - -- --- - - - - -- shall be incorporated into the Landscape Plan required by Condition No. 12. 15. Habitat Restoration Plan: Prior to issuance of a Zoning Clearance for a grading permit, a proposed habitat r-esteratien p Habitat Restoration Plan ( HRP ) shall be developed to ensure compensation for the loss of native habitats that will occur as a result of project development. The habitat resteratien pla-nHRP shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property and include (subject to approval of the Fire Department), the use of native plants common to Venturan Coastal Sage Scrub (e.g., Salvia apiana, Salvia leucophylla, Artemisia California, Rhus integrifolia, Eriogonum fasciculatum, 4DO002 7 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 13 Encelia California) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). The recommendations of the HRP shall be incorporated into the Landscape Plan required by Condition No. 12. 16. Preservation of oak tree: Prior to grading, the single native oak tree which will be impacted by the project shall be preserved on the site and shall be protected from any adjacent grading or construction operations. The measures that shall be taken to protect this oak tree, and the other remaining protected trees on the site, are provided in the Biological Resources Mitigation Plan outlined in the Project Description of the EIR (Chapter 4). Verification of completion of this requirement is subject to the review and approval of the Director of Community The subdivider shall submit a deposit, in an amount to be determined by the Director of Community Development, to pay for review of tree protection measures and to fund monitoring by the City's landscape consultant during grading. 17. Field Survey: No earlier than 45 days and no seeaer-later than 20 days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native bird species potentially nesting on the site (typically February through August), the Applicant shall have a field survey conducted by a qualified biologist_, approved by the Director of Community Development, to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of the construction zone. A report of this field survey shall be submitted to the Director of Community Development. If active nests are found, a minimum 50- foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier (subject to the review and approval of the Director of Community Development) shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological 000028 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 14 monitor, until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 18. Fencing: Prior to issuance of Bu=lig— Permit r the first Zoning Clearance for Occupancy for the homes adjacent to Open Space, fencing of sufficient height and design shall be constructed between the edge of the fuel modification zone and the natural areas to prevent humans and domestic animals from entering open space habitat areas. The Director of Community Development may require the fencing to be constructed earlier .- 1- f._.._..._ needed to protect any _ ope _n........._spac_e........_area during construction activities. eensist efa hiak native —brush line nsi sti ng ef e reh native shrubs as laurel sufflae, Eag eria Final fence design and height is subject to the review and approval of the Director of Community Development and consistent with criteria establish by the California Department of Fish and Game. Fencing will not be placed within the California Department of Fish and Game and /or Army Corps of Engineers jurisdictional areas of the site unless required by those agencies. All fencing design and materials . shall be approved by the Director of Community Development. 19. CC &R's and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC &R's) and by -laws establishing one or more Homeowners' Associations for the residential development shall be prepared -Pprior to Final Map Approval, CC &R's shall be preparedr subject to the review and approval of the Director of Community Development and City Attorney. Language shall be placed in the CC &R's indicating that any subsequent changes to the CC &R's shall be subject to the review and approval of the Director of Community Development and City Attorney. The following provisions shall be included as CC &R requirements: Via, , 000029 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 15 Asseeiations fer the residential develepment shall be prepared. The GC-&Rs _______ ______ _-_ j Identification of all Common Maintenance Areas including maintenance of all multi -use trails, open space lots, detention basin landscaping, parkway landscaping for all streets, any shared driveways, median in "A" Street, bus shelter along "A" Street, private streets, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC &R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable Tentative Map, and Residential Planned Development (RPD) andDevelepment Agreement conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to the sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC &R's. The Homeowners' Associations may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map, approved Residential Planned Development Permit or t-heany approved Development Agreement. Sixty (60) days notice must be given to the City of the intent to modify CC &Rs. Further, it is the sole responsibility of the Homeowners' Associations to enforce the CC &Rs. 24—.b. The — EC-&R' s= hall eentain —L -language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. Vic. Provisions that the Homeowners' Association shall be responsible for implementing and maintaining the vegetation management requirements of the Fire Hazard Reduction Program in perpetuity. As required by the Fire Department fuel modification plan zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones shall be designed by and planted O00030 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 16 under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation of the first Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. Provisions prohibiting human, domestic animal, acricultura_l, and motorized vehicle use in preserved designated natural open space areas; except that horses, non - motorized vehicles and pedestrians are allowed on designated trails; and that tree houses shall not be constructed in remaining trees within the designated natural open space areas of the site. In addition, provisions shall be included requiring the Homeowners' Association to maintain interpretative signs stating the sensitivity of natural habitats and the need to minimize impacts on the natural areas. The signs shall state that they are entering a protected natural area and that all pedestrians must remain on designated trails, all pets must be restrained on a leash, and that it is illegal to harm, remove, and /or collect plants and /or animals. 2-4-.--e Invasive plants as listed in Table 4.2 of the Final Environmental Impact Report shall be prohibited. This list of prohibited plants shall be included within the CC &R's to netify and edueate Hemeewners'. f. T-he —EC -&ms's shall rude— pProvisions that individual front yard landscaping shall must include a minimum of two ( 2 ) 48" box trees as a part of private front yard landscaping. ,- OG&Rls shall include a regu}reemetProyisions requiring that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &R's shall also include a requirement for the following energy saving devices or construction features: -ooOO 1L Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 17 Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. iii. All thermostats connected to the main space - heating source shall have night setback features. viii. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 2-7-.h. The - GG&R's —shall inelude- Language restricting front and rear yard lighting to be consistent with the City's Lighting Ordinance. 24-.i . Thze CC&RR' s shall inelude 1Language that any modifications to structures shall be designed in accordance with the approved RPD Design Guidelines for RPD 99 -02. 2-9-j . The zG&R's shall inelude - Language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. 3-0-.-k . The GG&R I s shy i elude !Language requiring the Homeowners' Association to be responsible for the maintenance of drainage facilities including all NPDES requirements unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. 44=1. The CC&R' S sera:'_ inelude -L -language prohibiting use of roofing material made of wood or asphalt shingles and requiring tile roofs as determined by the City as roofing materials for all structures. 32 m.CC-&-R's shall i-nelude -4Language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall remain permanently available for the purpose of automobile parking. Win. The - -GG&RI s shall rega reLanguage requiring the Homeowner's Association to 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 City. 000032 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 18 34 . o. T- he— EC -&I's- shall eentain -ILanguage requiring that all property areas be maintained free of litter /debris. 3 The---GC -&R' n� 1Language requiring that all on -site storm drains, swales and terrace drains be cleared 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. 3 �gThe —�E&Fs s''n Language requiring that private roads and parking lots be maintained free of litter /debris. Sidewalks, parking lots 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. 3-7-.-r. T h e G n a ' s shall eent ain-ILanguage requiring that all exterior metal building surfaces, ineluding reefing, be coated and sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. -3-8--..s . The CC-&R' s shall eentain !Language requiring that landscaping be properly maintained with efficient irrigation to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. t. Language requiring compliance with the City approved fence /wall plan. U. Language requiring the Homeowners' Association to be responsible for the maintenance of private streets, including water tank access and secondary fire access roads, and private street lighting. V. Language requiring a photovoltaic system to be installed and maintained for each residential dwelling 000033 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 19 unit, if the City adopts a policy and standards for photovoltaic systems prior to January 31, 2004, or approval of the first Final Map, whichever is later. 49:20. Fence /Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development prior to the issuance of a Zoning Clearance for grading. The approved fence /wall plan shall be incorporated into the CC &R's. All fences /walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence /wall plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 000034 MIN IrZWA- 49:20. Fence /Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development prior to the issuance of a Zoning Clearance for grading. The approved fence /wall plan shall be incorporated into the CC &R's. All fences /walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence /wall plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 000034 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 20 21. Sight &A4--Distance on Fence /Wall and Landscaping Plans: The Developer shall submit fence /wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted to and approved by the Director of Community Development. These shall include all landscape walls and /or sound walls required by the '_'r� -meet- Devel-epmOnt Agreement an MMRP adopted for the project whether on -site or off -site. 422. Final Design: The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 423. Bus Turn -out: " Street shall .The applicant shall _include one or two bus stop turnouts in the final street improvement plans for "A" Street. The final number and location of bus turnouts and 4-3-.24. facilities, including bus shelter, shall be approved by the Director -- of Community Development and Director of Community Services. Street Intersection Treatmen of a Zonina Clearance for a special street intersection approved by the City Engineer Community Development. :s: Prior to approval grading permit, Aany treatments shall be and the Director of 44 25. Open Space /Conservation Dedications: At the time of approval of the first Final Map, 6 _qreenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other approval requirement) shall be dedieated irrevocably offered for dedication, including transfer of development rights, to City in a form approved by the City Attorney, or to one or more Homeowners' or property owners associations as determined by the City Council at its sele and enfettered d sereti-en, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include natural open space areas for which no development use is proposed, wetlands, storm water detention areas, landscaping and decorative planting 000035 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 21 X26. areas that de not interfere - with - greenbelt, buffer open spaee uses as determined by the City in its sele and unfettered diseretienDirector of Community Development. Prier to Final Map a:pproval --- €ems any phase, the al! landseaping and related drainage imprevements fe-r epen spaee areas as deter-mined by the Gity that are required to be landseped or maintaine . °he ul `cam -}crhe Areas, or any pertien- thereof, in sa4isfaeters Fnanner, the Gem men Maintenanee thereef, ! at l to assume maintenanee ef the '_"'_z'u ndseaped areas in the event the Hemeewners' Ass.7eiatie"n ors to maintain the luiacdse apin iia is manner eensistent with the approved plans. if the assumes the Eftaintenanee as previded herein, it may sele diseretien. The a pl4eant shall maintain the eens±stent with ure applieable preyisizens ef State law, but net the fermatien of, fermation ef any Assessment Distriet and the maintenanee provided by the Assessment Distriet f the —areas r -de ser:bc d - abe epee l u dingthe ee s t e f berne by the preperty ewnerns, as determined by the City, iAthin the entire area ef the tentative map. The Genditiens ef Appreval as well as the design guidelines as required by the Residential P-1-anned Develepment .Prior to Final Map approval for any phase, the Applicant shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right -of- rl�M Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 22 X27. X28. way, which have been designated to be maintained by the _City. In addition, prior to Final Map approval for any phase, the Applicant shall also provide to the City a signed Petition /Waiver a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the_ requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Applicant shall pay to the City a_$5,0.0.0 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage_ improvements to be maintained by the City, the Director of Community Development may waive this condition with the concurrence of the City Manager. Prior to Final Map approval, the City Council, in s sale— diseretie --shall determine which areas shall be maintained by a Homeowners' Association, maintenance assessment district, or other entity eensistent with the intent -ef this eenditien. Trail easements: The Final Map shall indicate the location of all trail and sidewalk easements. The minimum widths of said easements shall be twenty (20) feet wide total as shown or as otherwise approved in conjunction with the approved Vesting Tentative Map. The minimum width of the constructed multi -use trail shall be twelve (12) feet and the minimum width of the constructed sidewalk shall be five (5) feet. Fencing separating the trail and sidewalk shall be installed to the specifications of the Director of Community Development. Additional fencing shall be required when the trail abuts the designated Open Space preserve. The trail shall be surfaced with decomposed granite or other suitable material as approved by the City Engineer and Director of Community Development. The sidewalk shall be sur-faeed as require constructed to 000037 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 23 X29. City Standards as determined by the City Engineer. The public trail easement adjacent to Walnut Canyon Road (Highway 23) shall be irrevocably offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements. once the trails have been built, the Developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the Homeowners' Association, maintenance district, or similar entity shall be responsible for maintaining the trails. The maintenance entity shall be determined by the City Council prior to first Final Map approval. The trail system design shall be submitted to the Director of Community Development and shown on the Final Map prior to recordation. Trail links shall be provided to link surrounding subdivisions and the regional trail system shall be properly designated and prohibit the use of motorized vehicles. The maintenanee entity shall be determined by the Gityprier tFinal lap apprevalThe Developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. The proposed trail system shall be designed to retain the integrity of the proposed open space preserve. Trail systems developed within the project shall not be illuminated. The north -south trail alignment along "A" Street shall link the east -west trail system along "C" street in the Moorpark Country Club Estates project (VTT 51874928) via an easement acquired by the Developer across the private property in between Tract 4928 and 5187. The trail system shall traverse the detention basin north of "A" Street and be useable year round. The trail system shall connect to the Hitch Ranch (Specific Plan No. 1) and other areas south of the West Pointe project. The applieant Developer shall be responsible for developing this trail linkage and for construction of the trail connections. Developer at its sole construct the public trail cost and expense shall system identified on the Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 24 VTT_M 5187 and as described in these conditions, including City plan check, inspection and City administrative costs. Developer shall also at its sole cost and expense, prepare a design and plans, and specifications for submittal to the City. The Director of Community Development and City Engineer shall approve design and plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings over Walnut Canyon Road as determined necessary by the City at its sele— iseretien prior to approval of a Final Map 4-9—.30. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. - -- - - - - -- - - - -- - - NUNN -5i;31. Venturian Coastal Sage Scrub Community Research Contribution: Prior to approval of the final map, the applieant Developer shall pay to the City a contribution as specified in the Development Agreement MMRP. X32. Fish and Game Fee Requirement — Within two (2) days after the City Council adoption of a resolution 000039 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 25 approving this project, the Applicant shall submit to the City of Moorpark a check for a single fee of $875.00 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 Fish and Game Code Section 711.4; the project is not operative, vested or final until the filing fees are paid. 33. Miscellaneous Fees: Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council, Applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. X34' ... .......... _..............._ Prior........_: �0 ..... __approval_......_of......._the Final...- Map -'- -- the....._ Applicant shall pay City an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and -------- --- _ ------ _------------------------------------ ---_..- - - - - -- ------------------------------.._....--------------------------------------- ....._...._...... staff's administrative costs (calculated at fifteen percent of the above costs). 35. During construction, Developer shall allow all persons holding a valid cable television franchise issued by the City of Moorpark ( "Cable Franchisees ") to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. Developer shall provide notice of its construction schedule to all Cable Franchisees sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. City shall provide Developer a list of Cable Franchisees upon Developer's request. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 26 In the event the cable television services or their equivalent are provided to the Project or individual lots under collective arrangement or any collective means other than a Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the HOA shall pay monthly to City an access fee of five percent (5%) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto._ B. COMMUNITY SERVICES DEPARTMENT CONDITIONS: X36. Solid Waste Management Plan: Prior to approval of --------------- - -- the final map, a Solid Waste Management Plan shall be prepared and submitted to the City's Community Services Department Analyst responsible for Solid Waste Management Programs for review and approval. This plan, which shall include specific measures to reduce the amount of refuse generated by construction of the proposed project, shall be developed in consultation with the City of Moorpark Community Services Department to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. X37. Park and Recreational Facilities Fee: Prior to approval of the Final Map, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). $.-C. CITY ENGINEER CONDITIONS: PRIOR TO THE FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS ANOTHER TIMING REQUIREMENT IS INDICATED IN THE FOLLOWING CONDITIONS) 5-5—.38. Prier to appreval of the first final map The project shall be designed to place all required water and sewer conveyance facilities in Walnut Canyon Road. The Applicant shall obtain all necessary right -of -way and =1I Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 27 easements to eenneet he required infr:1Ctruet11re -i-nallow for this alignment. X39. 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. X40. The Applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. -5-8:41. All existing and proposed utilities shall be under grounded as approved by the City Engineer. X42. X43. 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. Archaeological or Historical Finds: If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The Developer shall be liable for the costs associated with the professional investigation. X44. All residential and open maintained by a Homeowners' to a public agency for space areas to be commonly Association or dedicated open space purposes as 000042 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 28 determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. X45. Developer shall submit current title reports to assure that all blanket easements are vacated over all the lots and streets. 46. The Developer shall offer right of way dedication to the City for North Hills Parkway that extends to the back lot lines of lots paralleling and extending to the easterly and southerly project boundaries. Developer shall at his/her sole cost prepare engineered plans for the vertical and horizontal alignment and gradin.g...........of the North Hills Parkway arterial, between Walnut Canyon Road and "A" Street, consistent with the City Circulation Element arterial standard for the State Route 118 bypass. Upon approval of the engineered plans, Developer shall grade the alignment to accommodate a minimum four -lane arterial roadway. If. ap proved by action of the City Council, an in -lieu fee as determined by the City Manager may be deposited by the Developer to pay for the grading of the right -of- way_ °........as described, . thereby relieving the Developer of the responsibility to grade the areas identified. 6-4:47. Utilities, facilities and services for the project will be constructed in conjunction with its phased development , if any, as the prejeet preeeeds or direeted —ia the Develepment Agreementas approved by the Director of Community Development and City Engineer. RIMTEMY f)-6:49. The Developer will be responsible for the construction of all onsite and offsite sanitary sewer faculties and connections required to serve the project. The Developer shall enter into an agreement with Ventura County Water Works District No.1 (VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. The Developer shall either construct the required distribution facilities or enter into an 000043 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 29 X50. agreement with the Calleguas Municipal Water District and /or 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 VCWWD No.1 standards. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made to the development. Spare ducting for future communication facilities shall be provided across each street at each street intersection. The ducts will be extended to pull box /vault structures complete with pull rope in place. The pull box /vault size and spacing shall be to the satisfaction of the City Engineer. "A" Street intersections shall be provided with (8)eight 4" ducts and all other street intersections shall be provided with (4) four 4" ducts. X51. If any of the improvements which the Applicant is required to construct or install are to be constructed or installed upon land in which the Applicant does not have title or interest sufficient for such purposes, the Applicant shall do all of the following at least 60 days prior to the filling of the final or parcel map for approval pursuant to Governmental Code Section 66457: 1 -1 F , ., • X51. If any of the improvements which the Applicant is required to construct or install are to be constructed or installed upon land in which the Applicant does not have title or interest sufficient for such purposes, the Applicant shall do all of the following at least 60 days prior to the filling of the final or parcel map for approval pursuant to Governmental Code Section 66457: 1 -1 F , ., Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 30 a. Notify the City of Moorpark (hereinafter City) in writing that the Applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. X52. Prior to issuance of the first Certificate of Occupancy, construction of Walnut Canyon Road, and "A" Street improvements shall be completed to the satisfaction of the City Engineer. Phasing of "A" Street improvements will require City Council approval of a phasing plan in conjunction with first Final Map approval. X53. Prior to acceptance of public improvements and surety (bond) reduction and /or exoneration, the following requirements shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public s w ♦ M X52. Prior to issuance of the first Certificate of Occupancy, construction of Walnut Canyon Road, and "A" Street improvements shall be completed to the satisfaction of the City Engineer. Phasing of "A" Street improvements will require City Council approval of a phasing plan in conjunction with first Final Map approval. X53. Prior to acceptance of public improvements and surety (bond) reduction and /or exoneration, the following requirements shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 31 X54. improvements shall be provided, and shall remain in place for one year following acceptance by the City. C. original "as built" plans will be certified by the Developer's Registered 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 be resubmitted as "record drawings" in a series of 22" X 36" Mylar's (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. Geotechnical Engineering Requirements: Prior to submittal of aradina plans for plan check: e.Prrer- te= submittal of grading plans tThe D,-: c, eper Applicant_ shall have a geotechnical report prepared to the satisfaction of the City Engineer and at the minimum the geotechnical report shall address the following: Via. -The Applicant or subsequent developers shall --------------- contract with an engineering geologist and geotechnical engineer, registered in California, to quantify the engineering properties of the on- site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). Further assessment must also address stability and mitigation measures for slopes within residential areas, basins, and the water tank site and access road, as well as potential rrrr•. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 32 off -site impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for both the residential and nonresidential components of the project. e-. b. The Applicant will determine with subsequent geotechnical studies, the location of any landslide. Landslides shall be removed and recompacted during grading to the satisfaction of the City Engineer and the City's consulting geotechnical engineers. Alternatively, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future downslope movement. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and/er G-euntry Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer, consistent with City Council policies, and the City's consulting geologist. Vic. An engineering geologist shall define the final grading requirements for residential and recreational facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of homes in the event minor movement occurs as a secondary effect of ground shaking. e:d.The Developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace. f-.-e.All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration or other standard factor of safety deemed applicable to this project. The standards 000047 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 33 shall be prepared to the satisfaction of the City Engineer. <krf.The Developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. g. All habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. h. The Director of Community Development and City Engineer shall review and approve the project's conformance with contour grading concept design consistent with recommendations in the City's Hillside Management Ordinance and City Council Resolution No. 2000 -1874. Grading permits shall not be issued until 40 scale grading plans have been developed that incorporate contour grading techniques. The project shall be constructed in accord with the approved grading plans. I- -.- i.The Developer shall submit to the City Engineer 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. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a 000048 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 34 result of the geotechnical investigation, additional plan check fees will be required. -j-.-j Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. �-k.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 soil 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 soil report(s). 9-.55. General Grading Requirements: a. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, 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. b. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydro seeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. C. The fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 000049 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 35 d. ROC, NOX and dust during construction grading will be suppressed by the following activities: i) Equipment not in use for more than ten minutes should be turned off. ii) All diesel engines used in construction equipment should use high - pressure injectors. iii) All diesel engines used in construction equipment should use reformulated diesel fuel. iv) Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires.All e--learing Rd grading aetivities shall eease J perieds ef high winds (i.e., greater than 15 miles per hour aver-aged ever ene heur) te- prevent exeesrsive amounts ef fugitive dust. vii -}All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. vii)vi All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. viii} Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. Large -scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. E ;i1 1 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 36 e. Prior to issuance of the initial grading permit, the Developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. A Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 15 through, and inclusive of April 15. Proposed management efforts shall include (but not be limited to) provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Director of Community Development and City Engineer prior to issuance of grading permits for mass grading. Sediment yields in the watersheds within the project boundary shall be computed for pre- development and post- development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of the regional flood control debris /detention basin facility situated in the Walnut Canyon Drainage along the easterly project boundary. f. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: i. water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering 000051 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 37 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 grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. ii. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 2-G 15 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. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. iii. Keep all grading and construction equipment on or near the site, until these activities are completed. iv. All employees involved in grading or excavation operations during dry periods shall use facemasks to reduce inhalation of dust, whieh may eentain the fungus that eauses San jeaquin Valley Fever. V. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. vi. Wash off heavy -duty construction vehicles before they leave the site. During clearing, grading, earth moving or excavation operations regular watering shall control dust. 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. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 38 The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. vii. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 2$ 15 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. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. are ,,i ete -- =-fir - -- -,. shall use faeefnasks to reduee- nhalatien e£ dust, whieh may eentain the fungus that eauses jer'lffuin Valley Fever. disturbed by xThe-a area grading, _ar.�h i ed- to prevent emeassovedust g. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: i. 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. ii. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., 000053 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 39 fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. iii. 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. h. Temporary erosion control measures shall be used during the grading and construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included in the erosion and control; plan, but not limited to the following, as deemed necessary: i. Minimize removal of existing vegetation. ii. Provide temporary soil cover, such as hydro seeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. iii. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. iv. Rough grade contours to reduce flow concentrations and velocities. V. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. vi. Phase the grading to minimize soil exposure during the October through April rainy season. vii. Install sediment traps or basins. viii. Maintain and monitor erosion /sediment controls. 000054 Resolution No. 2002 - vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 40 i. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: i. Drainage swales, subsurface drains, slope drains, storm d ain inlet /outlet protection, and sediment tr Ps . ii. Check dams to re�duce flow velocities. iii. Permanent desilting basins. iv. Permanent vegetation, including grass -lined swales. V. Design of drai age courses and storm drain outlets to reZe scour. j. The Applicant shall'i be required to obtain all Clean Water Act 01 and 404 permits and clearances as administered by the Army Corps of Engineers and the R gional Water Quality Control Board /State Water Resource Board. These permits shall be obtained prior to initiating any grading permits or clearing and grubbing activities not covered under the City's grading ordinance. All conditions of the permits and certifications from these agencies that are designed to minimize impacts to biological resources and all measures to mitigate for the loss of jurisdictional habitats shall be implemented. Implementation of mitigation designed to offset impacts to areas of federal jurisdiction shall be monitored by the relevant federal agencies and by the City (under the California Environmental Quality Assurance Program) for the project. k. 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 X5:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further 000055 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 41 restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. w Q mil. The Developer shall ensure that construction equipment is fitted with modern sound reduction equipment. i. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. ii. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. iii. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project Developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested, of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 000056 Resolution No. 2002 - vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 42 iv. A construction effects mitigation program shall be prepared and submitted to the City after completion and occupancy of the first phase of project build -out. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction noise on new neighborhoods. gym. The post - grading slope remediation areas along the northern and southern ridgelines shall reflect contour grading design to diminish the visual effects of slope modifications. Win. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truckloads or 10,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations in accordance with City Council Resolution No. 2000 -1784. A haul route is to be submitted for review and approval by the City Engineer and Director of Community Development. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. moo. A11 requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. q-.p_Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to 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. r—.cq• The maximum gradient exceed a 2:1 slope special circumstances special circumstances for any slope shall not inclination except where. exist. In the case of where steeper slopes are 000057 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 43 X56. warranted, a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. ter. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. mss. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to the existing flood control facilities to the east of the property. Wit. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Director of Community Development shall approve all material for the construction of the wall. During apply: grading, the following requirements shall a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 15 date, revised erosion control plans shall be submitted to the City Engineer, no later than September 15th of each year from the start of grading or clearing operations to the time of grading bond release. b. Prior to any work being conducted within the State, County, or City right of way, the 000058 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 44 Developer shall obtain all necessary encroachment permits from the appropriate Agencies. C. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the Developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment of the NPDES superintendent. d. 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. e. 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 000059 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 45 and to protect the public from accidents and injury. f. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. g. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 4 feet of lift and 100 lineal feet of trench excavated. h. A 15 -mile per hour speed limit for the construction area shall be observed. X57. During site preparation and construction, construct temporary storm water diversion structures shall be constructed per City of Moorpark standards. X58. Road and Traffic Requirements a. Developer shall partieipate in interseeti Prior to first6 Final Map approval, the Applicant shall make a cumulative traffic _- contribution to the City - ....... repres.enting the developers pro -rata share of the -- cost of improvements at the following intersections: Los Angeles Avenue /Tierra Rejada Road, Poindexter Rea Avenue /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The actual contribution (pro -rata share) shall be based upon the additional traffic added to the listed intersections_, with the actual amount as approved by the City Engineer. The level of participation will be as noted incalculated based on the traffic report dated October 30, 2000 by Associated Transportation Engineers, Table 14 on page 39. b. Prior to final map approval, the Developer shall provide a surety to guarantee payment of the Los Angeles Avenue Area of Contribution (AOC) and Gabbert Road /Casey Road AOC fees prior to Zoning Clearance for building permit for each residential unit. The AOC fees shall be the dollar amount in effect at the time of payment. 1 11.1� Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 46 b-.-c. The requirements for the interim secondary fire access road, at t-he-- ner--th e_ the prep__ _j ______ fee , ew ng eideh?- _____:.___,, as shown on the Vesting Tentative Mao, are as follows: i. Prior to submittal of grading plans, the proposed interim secondary fire access road that extends onto adjacent private property shall be recorded as a revocable easement benefiting the West Pointe Homes subdivision. The construction requirements for the secondary fire access road and the timing for construction shall be approved by the City Engineer and Fire Protection District prior to Final Map approval. The secondary fire access road easement may be ..... ....... - -- - - - -- ............__..__.... _... quit claimed to fee title property owners, upon completion of "A" Street for secondary access puroses,..._.......?-- ..._ -- approved by the Fire - - - - - -- — - Protection District. Thete-r -fs—of reveeatien 1 I ii. Prior to approval of the first final map a study shall be submitted to the City Engineer to show roadway alignments and extent of slope easements needed €er t�� area ,,+.h —of "A" -Street —ate - - lots —223 236; and —cry the cviri- a-ueirce —o-L Streets E' ac v-, velving lets 185 90; and -- alea-g -Streets I & K involving lets 135 14-4. In addition, the study shall include the potential future SR- 118 bypass alignments (North Hills Parkway) and grades and the affect on any proposed onsite slopes, pads, drainage facilities, roadway alignments and any other improvements, to ensure protection of 000061 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 47 adequate future right -of -way for the SR -118 bypass. end. Prior to first final map approval, the Applicant shall fund the fl-11111 a fair -share of the cost of required improvements to the intersection of Moorpark Avenue and High Street to ensure that project plus cumulative traffic does not result in a reduction of Level of Service to level of service D. Anticipated improvements to this intersection include but are not limited to widening approaches to provide an additional through lane, restriping, providing signal timing and coordination between Casey Road and High Street, completing north and south bound lane approaches, and related pedestrian improvements in the vicinity of the Moorpark Avenue /High Street intersection. Moorpark Avenue to the north of the intersection shall be widened to four lanes without narrowing the existing sidewalk. These imprevements shall be eeffipleted under a reimbursement agreement aeeeptable both te the City and te the applieant The fair -share contribution shall be the amount approved by City Council prior to first Final Map approval. Street shall be widened and re S-r4 ped te previde fee an exelusi�oTe left turn lane, a th eugh —faire and a — trflugh/ri-ght turn 1ane- e.The Charles Street- interseetien with Walnut Ganyen Read shall be restriped te provide preper pedestrian eressi-n-g-s and te- maintain elear-an a fer nerthbeund left turn - mevements . .FiTie City Engineer shall be installed aleng and — Me6rpark Avenue /High Street. 000062 •- �NIIII •- - A � - 000062 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 48 e. The first Final Map for Vesting Tentative Tract Map No. 5187 shall not be approved until the City Council has approved the Walnut Canyon Road Improvement Plan. The subdivider shall construct all Walnut Canyon Road improvements consistent with the adopted Walnut Canyon Road Improvement Plan. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the project frontage , preper-ty at 'the seutheriy end ef the site and ineluding any standard and offsite improvements and transitions to the north and south as shown ..._.._ ................ - - ._ ._.._.......................... - ..— .._.._.. on the Vesting Tentative Map. Improvements include, but are not limited to, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than 8 -foot shoulders, no less than 12- foot travel lanes, no less than 12 foot turning lanes, and pedestrian facilities along or parallel to Walnut Canyon Road. -i--. f. The primary project collector street intersection with Walnut Canyon Road (State Route 23) shall be designed to the satisfaction of the City Engineer and Caltrans to ensure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are incorporated into the project entrance improvement program. Modifications to State Route 23 shall be constructed prior to issuance of the first building permit for a residential dwelling unit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right -of- way required to implement the approved design for this entrance intersection shall be acquired by the Applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer. OOOOS3 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 49 jrg_Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. To the degree feasible, the entrance landscaping shall extend along the full frontage of the project to provide traffic calming consistent with current landscape design practice. The final design for the project entrance shall be reviewed and approved by the City Community Development Director and the City Engineer prior to the issuance of building permit-& for the first residential unit. The turning and acceleration lanes provided along Route 23 at the project entrance shall be no less than 12 feet wide. k—. h. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements. Streets shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. I, i. All internal streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) unless otherwise modified by conditions included in this document. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Director of Community Development shall approve all driveway locations. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. ft-.k. Developer shall provide internal street improvement as follows: rrrr.•: Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 50 i. "A" Street (Public Street Collector) - per modified Ventura County Standard Plate B -4A, 6-884 feet right of way, X16.5 feet traveled lanes, 14 feet median, 8.5 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks, and a 10 feet irrevocable offer of dedication for parkway easement along south side, and a 12 feet irrevocable offer of dedication for multi -use trail easement alona north side. e:l. Private Streets (Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. This includes the following streets: Portion of "B" Street from "A" street to "D" Street; Portion of "E" Street from "I" street to "A" Street; "I" Street; "K" Street from "I" Street to "0" Street; and "0" Street. Vim. Private Streets (Cul -de -sacs) - per Ventura County Standard Plate B -4C, 52 feet right of way, 12 feet traveled lanes, 4 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. The cul -de -sac head shall be designed per Ventura County Standard Plate C -3. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. This includes the following streets: Portion of "B" Street from "D" street to south of "C" Street; "C" and "D" Streets; Portion of "E" Street from "I" Street to westerly end; "F ", "G ", "H" "J" Streets; Portion of "K" Street from "I" Street to southerly terminus; Portion of "K" Street from 110" Street to easterly terminus; and "L", "M" and "N" Streets. Win. Driveways shall be designed in accordance with the Wiest latest Ventura County Road Standards. Interim fire access roads shall be desianed in accordance with Ventura County Fire Protection District requirements. moo. The Developer shall provide slope easements for road maintenance purposes along all roads where the top of cut plus 5 feet or the toe of fill 000065 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 51 plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. p. Prior to Final Map approval, the Developer shall submit for review and approval traffic counts /estimates for stacking of vehicles at the private road entrances during peak hours. The Developer shall justify that the design of the private road entrances is adequate for peak hour stacking of vehicles and truck turning radius movements. 4-8—.59. Streetlights 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. The Developer and /or future homeowners association(s) shall pad all energy costs associated _. ....... with street lighting on private streets. 60. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of- way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. Th-e Moorpark aeeess easements ever all private streets to publie safety, health and welfare. 61. The Developer shall make an irrevocable dedication on the Final Map of easements to the City of Moorpark over all private streets shown on the Vesting Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. 000066 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 52 '82.62. The Developer rights to the City Walnut Canyon Road. r_z 4-3-.-64. shall dedicate vehicular access of Moorpark along "A" Street and The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (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. Prior to reeerdatien of City Council approval of the final map.(s)_, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 44:65. All lighting along the perimeter of natural areas, particularly street lights, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Final lighting orientation and design shall be to the satisfaction of the City Engineer and Director of Community Development. All lighting proposed shall be consistent with Chapter 17.30 of the Municipal Code. 566. Drainage Requirements a. Prior to approval of the initial grading plan permit, the Applicant shall submit to the City Engineer for review and approval, a Master Drainage and Flood Control Improvement Plan (Master Plan) which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared to the satisfaction of the City Engineer. Portions of the improvements that fall within easements or right -of -way dedicated to the Ventura County Flood Control District shall be prepared to the satisfaction of the City Engineer and the District. The Master Pplan shall identify all major improvements and typical Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 53 drainage facilities for the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed as herein specified, to the satisfaction of the City Engineer and Ventura County Flood Control District. Capacity details for the construction of the on -site private detention basins and the regional flood control basin in for the Walnut Canyon Drain shall be included in the Master imprevement Plan. All necessary permits required to implement the imprevement Master Plan shall be obtained from the Ventura County Flood Control District prior to City issuance of a permit for mass grading. No mass - grading permit shall be issued until the Master Plan is completed and approved. The Master Plan shall identify improvements that must be completed coincident with the initiation of mass grading. All improvements shall be constructed consistent with approved plans. c. The Developer shall submit to the City Engineer 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. • Mw� at �� •��ia.: :��s.��ia•��ia••C c. The Developer shall submit to the City Engineer 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. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 54 d. The plans shall depict all on -site and off -site drainage structures required by the City Engineer. e. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities and drainage courses. f. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: X}i. All storm drains shall carry a 10 -year frequency storm. }ii. All catch basins shall carry a 10 -year storm. xirk-} 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. g. All culverts shall carry a 100 -year frequency storm. h. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. i. Under a 10 -year frequency storm, local, residential and private streets shall have one 12' wide dry travel lane available on interior residential streets. Collector streets shall have a minimum of one 12, wide dry travel lane in each direction. j. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer. k. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 55 MM ml. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. -nm. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain system shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drains and easements outside the public right -of -way are to be maintained by the Homeowners Association unless otherwise approved by the City Council or accepted for maintenance by the Ventura County Flood Control District. en. Concrete drainage structures shall be tan in color, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. po. 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 to the satisfaction of the City Engineer. qp. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. r�r� � Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 56 c. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. ter. The Applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. -ts. The Developer shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: i. Adequate protection from a 100 -year frequency storm. ii. Feasible access during a 50 -year frequency storm. iii. Hydrology calculations shall be as per these conditions and as per current Ventura County Flood Control Standards. xiii)ix.All habitable structures shall be .................. elevated at least one foot above the 100 -year flood level. ut. The Developer shall provide for all necessary on- site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, 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. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 46-:67. National Pollutant Discharge Elimination System (NPDES) Requirements are as follows: a. Prior to the issuance of any construction/ grading permit and /or the commencement of any clearing, 000071 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 57 grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. b. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. C. 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. d. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" e. Prior to the issuance of any construction/ grading permit and /or the commencement of any clearing, grading or excavation, the Developer 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. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). f. The Developer shall obtain a permit from the State Water Resources Control Board for all storm water discharges associated with this development. The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. g. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites ". 000072 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 58 h. Prior to recordation of the first Final Map, Applicant will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, or underground oil and grease traps or other Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Basins, traps and all other structural and non - structural NPDES facilities shall be maintained by an Homeowner's Association or Assessment District i ..... recordation of the first Final Map. Assessmez D see . Provisions shall be made by the Applicant to provide for maintenance in perpetuity. i. Prior to City issuance of the initial grading permit, the Applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. j. The project construction plans shall note and incorporate that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include implementation of the following requirements by the Homeowner's Association: i. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". ii. No outdoor vehicle maintenance shall be allowed. iii. All common area property shall be maintained free of litter and debris. 000073 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 59 iv. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. V. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent may be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the Ventura County Waterworks District No. 1. V-i- }vi.If required by the BMPIs, grease interceptors shall be installed in all onsite and offsite storm drain inlets. In the event, such grease traps are required to be installed in any onsite inlet, the Developer shall provide the City with a maintenance program for such devices. The CC &R's shall include a requirement that the Assessment District grease interceptors are maintained in a manner consistent with requirements of the Maintenance Program. �-D. FIRE DEPARTMENT CONDITIONS: 5 68. Prior to the — reoor-datien —ef the Final Mapapproval of_Z.oninq Clearance for grading, the Applicant shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to all lands within 200 feet of the proposed residences comprising the project (or as amended by the certified fire 000074 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 60 professional based on fuel modification factors acceptable to the County Fire Protection District). The recommendations of the Fire Hazard Reduction Program shall be incorporated into the Landscape Plan required by Condition No. 12. During all grading and site clearance activities, earth - moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection Division. D-.-E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: Prior to issuance of a building Ventura County Waterworks District Water and sewer improvement plans required. permit, provide the following: in the format a. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. b. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. C. Copy of Release from Calleguas Municipal Water District. d. Cost estimates for water and sewer improvements. e. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. f. Signed Contract to TT- install all _ ------------------------------------ improvements and a Surety Bond. 00007s Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 61 E-.-F. 9.71. X72. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 62 EXHIBIT B CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -2 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1. The Residential Planned Development permit is granted for the land and project as identified on the entitlement application form and as shown on the appreved plot plans and elevations incorporated herein by reference as Exhibit "A ", West Pointe Homes at North Ranch Design Guidelines, except as amended by these conditions. The final Design Guidelines are subject to Director of Community Development approval prior to the first Zoning Clearance for building permit. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. Following final approval of the Design Guidelines, Aany change from the n„b,.;tte a P' product roduct mix ...... shall require approval of a modification to the Design Guidelines and Residential Planned Development Permit, consistent with Zoning Code requirements for - ... _......_...... --- --------- -_.._. entitlement processing. 2. Use Inauguration: Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his his /her discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he - he /she has diligently worked towards inauguration of the project during the initial twethree- year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. 000077 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 63 3. Other Regulations: The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the applicable zone and all requirements and enactment's of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 4. Duplication of Conditions: Permit--.All mitigation measures contained within the ----------------------- .......- .._............ _._ .......................__._.......................................__...............__............................................._................ ....................._......... approved Mitiaation Monitorina Report and Proaram (MMRP) are hereby adopted as requirements of the Vesting Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occur and applicability for compliance is questioned by the Developer, the Director of Community Development will determine the applicable condition compliance requirements for each phase of development. 5. Image Conversion of Plans: Prior to issuance of the first Certificate of Occupancy, the builder shall pay to the City a fee for the image conversion of plans as determined by the Director of Community Development into an eptiealelectronic imaging format acceptable to the City Clerk. 6. Public Nuisance: 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). 7. Affordable Housing Agreement: The Residential Planned Development Permit and is subj-eet te- -emeeuLion of an Affer-dable Heiising -- Agreement (Seen 6.11 —ef th 000078 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 64 Development Agreement) —between e -8ityef Meerp,rL Consistent with the City's General Plan Housing Element, the Residential Planned Development Permit is conditionally approved subject to execution of an Affordable Housing Agreement between the City of Moorpark and the Applicant or Developer. The Affordable Housing Agreement shall set forth the procedure for meeting an affordable housing requirement of 10 percent of the total number of approved dwelling units. The Agreement may be part of a Development Agreement. Execution of the Affordable Housing Agreement is required prior to approval of Zoning Clearance for grading or building permit. 8. Outstanding Case Processing Costs: The Applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prier te s ruet r ^within thirty (30) days of approval_ of this .. ...... ...... - RPD Permit. The applicant, permittee, or 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 the RPD and Tentative Permit. 9. Lighting Plan: Prior to issuance of a Zoning Clearance for construction for any dwelling units on the lots created by this Tract Map, the Applicant shall submit to the Department of Community Development a lighting plan for review and approval consistent with Chapter 17.30 of the Zoning Ordinance. Lighting consistent with best management practices for open space preservation shall be required for this project. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Low intensity night lighting shall be required within the streetscape and at intersections. Lighting standards shall be rural in nature, low in profile, and shall be minimized along street corridors. More intensive lighting is appropriate at intersections within the project boundary but this lighting shall be only 0000,79 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 65 sufficiently intensive to provide for vehicle and pedestrian safety. The project entrance lighting should emphasize low intensity landscape feature uplighting of accent landscaping. Standard approach lighting within the Walnut Canyon Road Corridor shall comply with Caltrans design standards. 10. Design /Development Standards: Prior to issuance of a Zoning Clearance for the model home complex, the West Pointe at North Ranch Design Guidelines, incorporated herein by reference as Exhibit "A ", and on file with the Community Development Department, shall be revised to be consistent with the conditions of approval for this Residential Planned Development Permit and Vesting Tentative Tract Map No. 5187, subject to Director of Community Development final approval. aAll design criteria, development standards, landscape concepts and criteria and all building materials, colors and streetscape concepts and other information presented to define the standards for construction and appearance contained in the deeument titled-amended West Pointe Homes at North Ranch Design Guidelines, as approved----- - - - -by the _Director of Community Development, - ineer-perated herein by referenee as Exhibit "A" and en file with the Gemmunity Deve 1 ep ^� shall apply to residential structures and accessory buildings submitted for Zoning Clearance and Building Permit issuance for Vesting Tentative Tract Map No. 5187 in the City of Moorpark, exeept as medified by 11. Play Equipment: Prior to issuance of a Zoning Clearance for the model home complex, the Applicant shall submit design plans for the private recreation areas and manufacture's specifications for play equipment -in the recreation areas with a list of splay equipment features, which shall include but are not limited to; swings, slides, climbing eppertunitiesapparatus, deck areas, a-nd ladders, and suspensien bridge . The area required for this proposed equipment including necessary safety clear areas around its perimeter is 27" x 28" or a 756 square foot area. An example of this type of equipment may be viewed at the City ef Meer-park ehildren play equipment t - t-h-e- erTree to Grits -Hall aeress from the 000080 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 66 library. The play equipment shall be ef a quality equal to er better than that ef "Kids Gheiee Medei #714 09 ".The specific equipment and design of private recreation areas shall be subject to final approval of the Director of Community Development and Director of Community Services. 12. Changes to Design Guidelines: The following changes to the West Pointe Homes at North Ranch Design Guidelines shall be incorporated by the Applicant and new copies of the Guidelines submitted to the Director of Community Development for approval prior to issuance of a Zoning Clearance for any homes including models: a. Adjoining residential units may not have the same floor plan or elevation. b. Compatibility of Changes to Plans: No expansion, alteration or change in architectural elements that are visible from any abutting street shall be allowed, unless in the judgment of the Director of Community Development such change is compatible with all dwellings having frontage on the same street and located within 200 feet (or as otherwise determined by the Director of Community Development) of the side property line of the structure proposed for expansion or alteration, subject to the review and approval of the Director of Community Development consistent with the approved Design Guidelines and Zoning Code requirements. C. All air conditioning or air exchange equipment mustshall be placed at ground level, may not be placed in a sideyard setback area within 15 feet of an opening window at ground floor level of the any residential structureadjaeent trtie ur^, and shall not reduce the required sideyards to less than 5 feet of level ground. All air conditioning or air exchange equipment shall be placed in the sideyard setback area where compliance with these standards can be achieved. d. Modifications to Permit: All facilities and uses other than those specifically requested in the application are prohibited unless an application 000081. Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 67 for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code at the time of modification application. e. Side yard setbacks as measured from the property line of each lot shall be not less than five (5) feet for one -story dwellings and ten (10) feet for two -story dwellings. Two -story dwellings which incorporate windows at the second -story level shall comply with the following design criteria for each type of window opening: i. The minimum height to the bottom sill of a second story window with clear glass, and a fixed sash shall be five and one -half (5.5) feet above the finish floor level of the second story and must be off -set by a minimum of three (3) feet from a window with the similar glazing characteristics on abutting structures. ii. Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor level of the second floor shall have a fixed sash and obscure glass which may include stained glass or glass b 1 oc k s.Tin - deas�� t a —b et gem— s�; l l h e=h+ i viii. Windows with a top jamb or head height of fourteen (14) feet or less above the level of the first floor shall be considered a first story window. #-rf. A minimum of six architectural styles shall be included in each of the individual neighborhood created by the tract map tracts with no more than 20% of the dwellings in each neighborhood 000082 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 68 represented by one of the architectural styles and no sub -style comprising more than 40% of the maximum number of dwellings allowed for the primary architectural style. h-.-_q. A minimum of three sub- styles shall be included in the architectural styles. 1- -.-h. Side by side dwellings with the same architectural style shall incorporate at least two of the following criteria: i. Single story ii. Alternative roof lines iii. Increase second story setback by 10 feet from first story setback. iv. Incorporate a porch or balcony V. Incorporate a courtyard behind the front setback a minimum of 8 feet in depth and 10 feet wide. vi. Reverse plan vii. Dormer treatments viii. The roof design for all structures as viewed from any street, (including State Route 23) or from the private recreational area shall be varied unit by unit which may be accomplished through the use of at least one of the following: alternative roof designs; materials and colors a combination roof design such as hip and gable; through the use of dormer details or by off - setting the roof plane or walls of the building either horizontally or vertically by a minimum of four feet. Vii. Not more than 20% of the units on any block face shall have the same architectural plan and elevation. 3—.j Accessory buildings over 120 square feet in area or which require a building permit may be located only in rear yard areas and must be of an architectural style and color and constructed of materials consistent with the main structure. 000083 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 69 -I-rk. Garden walls and fencing to a maximum height of 36 inches may be placed in front yard setback areas provided that they are architecturally consistent with the main building as approved by the Director of Community Development. mil. All property line walls or fences shall be constructed of masonry, stone or concrete products and be in earth tone colors, except for fence lines included in Exhibit "A" the West Pointe Homes at North Ranch Design Guidelines. gym. All walls at the side yard return (side property line to main building) or on a corner lot that are visible from any street shall be constructed of masonry, stone or concrete products (no wood fences) and shall be architecturally consistent with the main building to the satisfaction of the Director of Community Development. Win. All units abutting the gated entrances to Tract 5187 shall be single story in height, except that any portion of the structure that is located more than forty (40) feet from the curb line of the gated street may be two stories ernot to exceed a maximum of 28 feet in height. pro. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall provided with a minimum of two three garage - parking stalls required for each dwelling unit. ,tvpAll neighborhood entries shall be of a gated design, the design of which is subject to review and approval of the Director of Community Development and the City Engineer. The design of the gated entries shall be compatible with the scale, colors, visual character and design of the approved Design Guidelines so as to enhance the physical and visual quality of the neighborhood or tract. r, _q Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water r rr;{ Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 70 shall be conveyed to the street or drives in non- corrosive devices as determined by the City Engineer. ter. All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i. Ultra low flush toilets (to not exceed 1.6 gallons) ; ii. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii. Natural gas fueled stoves; ovens and ranges shall not have continuous burning pilot lights; iv. All thermostats connected to the main space - heating source shall have night set back features; V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. 13. Recreational Facilities: A minimum one thousand square foot (1000) Club House, 501x30' Swimming Pool a minimum of two regulation sized Tennis Courts and the central Open Space area improvements must be completed and the central open space area must be completed and capable of Homeowner use prior to or concurrently with the final inspection of the first residential structure. 14. Architectural Styles: The architectural styles depicted in the Design Guidelines, Exhibit "A" (as amended by these conditions of approval), shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. 15. Gated Private Streets: Gated private street entrances shall provide a 75 -foot wide right -of -way with two entry lanes into the project and a turn - around area 000085 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 71 for vehicles denied entry. The entry area and gates shall be designed to reflect a common community architectural theme, which is carried through to the public entrance and the recreation building. Prior to issuance of a Zoning Clearance for construction of entry area gates, the location shall be approved by the City Engineer to ensure adequate stacking of vehicles and the required truck turning radius can be achieved consistent with the private road entry design approved at the time of Final Map review and approval for Tract 5187. 16. Ornamental Streetlights: The interior of the project shall include ornamental street lig tsstreetlights and ..- ........ ---- --- ---------- street signs on the private streets only. The design of the lights and signs shall enhance the community theme. The design and placement of the lights and signs shall be reviewed and approved by the Director of Community Development and City Engineer prior to occupancy. 17. Maintenance of Permit Area: The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. 18. Phasing: Construction phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. 19. Submittal of Construction Drawings: Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Director of Community Development), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 20. Water Impoundment: All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 000086 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 72 21. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential use unit within the boundaries of the Tract Map, Developer shall pay City at the time of issuance of a Zoning Clearance for construction, a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On he effeetive ate Final: 1 r T �- 1 7 4- h .-. e-f — reeer-datien --ef the Final: �a-p fer T aet z$ ,fneunt —e f the -o de- T r a f €i e Fee shall residential ' } fee — as-spee i fiec in the Development Agreement with annual as may I--- ---eified. The amount of the Citywide Traffic Fee shall be - ._......_.... -- _........._.. - -------------------------------------------- - ----- - ... - - $4,240.00 per residential unit. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the - .........- _..._..._ .......... ........_.... -- -- ......._....._..... _..- .._.................— - - -- State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on -- - - ._.._..........._.... ..................... - ...................... _..._..... -- -- .......................... -- ........_._...- - - ._............__........_ December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide - Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. -- -- -- - - - - -- _ _ - - -- - - -- - -- - -- - - -- - - - - -- - -- - - -- - - -- -- -- - - - - - - - 000087 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 73 2-4—.22. Fish and Game Fee Requirement: Within two (2) days after the City Council adoption of a resolution approving this project, the Applicant shall submit to the City of Moorpark a check for a single fee of $875.00 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 Fish and Game Code Section 711.4; the project is not operative, vested or final until the filing fees are paid. 23. Miscellaneous Fees: Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council, Applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 24. Traffic System Management Plan: Prior to the issuance of a Zoning Clearance for construction for each residential unit, the permittee shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund of $1,444.00 per residential unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. The amount ef t-he TSM fee shall be the per residential unit ameunt as 'fled in the Develepment Agreement with applieabl-e annual inereases. Commencing on January 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 74 (CPT) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los A An.eles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of September over the prior month of September. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 2-7—.25. AOC Fee: Prior to issuance of a building permit, the Developer shall pay to the City the Area of Contribution (AOC) Fees for (Los Angeles Avenue AOC - and Gabbert Road /Casey Road AOC). The ameunt ef t AGG fees shall be the per residential unit omen, as annual spe-ified in the Develepment Agreement with applieabl-e inerea-ses. The Applicant shall also contribute to any cumulative traffic fee program adopted by the City prior to issuance of the first residential building permit for the project. At this tine; relevant fee programs exist enly fer the Les Angeles Avenue Ar ea —ego =e Fees shall be paid in aeeerr -dare^ withth ^ AOC proms fees shall be .................. those that are in effect at the time of building permit issuance. In addition to the AOC fees Los Angeles Avenue and Gabbert Road /Casey Road)eh enly addresses ±iRprevements aleng the Les Angeles Avenue Ccrride —r , the Developer shall be required to make similar pro -rata contributions to any other traffic mitigation related pre- construction impact fees approved by the City Council to offset the long term effects on the City's street system. If the residential portion of the project is constructed prior to any such additional mitigation fee programs being adopted, for impacts to intersections outside of the Los Angeles Avenue Area of Contribution, a proportionate share of future improvement costs shall be collected for locations where project traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Department Director shall determine the required 000089 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 75 contributions prior to issuance of building permits. Fees shall be paid prior to the issuance of these permits. 26. Developer is required to include a "Natural Hazards Disclosure Statement" within the Final Subdivision Public Report issued by the Department of Real Estate of the State of California, which requires notification and disclaimer to all buyers of lots in Tract 5187 of the earthquake fault area within the tract boundaries. The Public Report and Disclosure Statement will be signed by all future buyers to document acknowledgment of disclosure. 27. During construction, Developer shall allow all persons holding a valid cable television franchise issued by the City of Moorpark ( "Cable Franchisees ") to install any equipment or infrastructure (including conduit,_ power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. Developer_ shall provide notice of its construction schedule to all Cable Franchisees sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their ................- ................... . ................... .... . .................. ............................... - ............................ . .........................._.... ................ equipment and infrastructure with that schedule. City shall provide Developer a list of Cable Franchisees upon Developer's request. ... In the event the cable television services or their equivalent are provided to the Project or individual lots under collective arrangement or any collective _ ..................-... .................-------- - - - - -- .............._..... _... ..........__ - - - -- -- - - - - -- means other than a Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the H ©A shall pay monthly to City an access fee of five percent (5 %) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. B.: CITY ENGINEER CONDITIONS: 000090 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 76 28. The City Engineering conditions of approval for Vesting Tentative Tract Map No. 5187 apply to Residential Planned Development Permit No. 99 -2. C. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 29. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed West Pointe Homes Homeowners' Association (HOA) shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation of the Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. 30. All structures adjacent to open space around the perimeter of the project shall be designed to satisfy at least a one -hour fire - resistant rating. Such structures shall incorporate fire retardant features including boxed -in eaves, reduced overhangs, double paned windows, convection resistant roof design, non- combustible roofing material, and related design features. Building permits shall not be issued until review of fire retarding architectural features has been completed by the County Fire Protection District. Design standards meeting Fire Department criteria shall be included in the Fire Hazard Reduction Program and incorporated into the RPD Design Guidelines for the residential units. 31. If required by the Fire Protection District, Interior fire sprinkler systems and /or roof sprinkler systems shall be included in the homes constructed on Lots 156 to 207 (or any lot adjacent to the open space west of 000091 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 77 000092 the project if these lots are renumbered prior to recordation of the Final Map). 32. The Applicant shall be required to comply with all County Fire Protection District design requirements regarding hydrant locations, fire ratings for building materials, fuel modification requirements, fee payments for pro -rata cumulative impacts and other standard fire safety requirements prior to issuance of building permits. 33. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 34. During all grading and site clearance activities, earth - moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection Division. 35. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 36. If deemed necessary by the District, the project shall include a designated landing area on a selected cul- de -sac for a helicopter together with associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. 37. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau of Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 38. Street signs consistent with County Road and Fire District Standards shall be installed prior to occupancy. 000092 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 78 39. Prior to construction, the Applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the residential development. 40. A minimum fire flow of 1,000 gallons per minute shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map or any phase thereof and prior to the issuance of building permits. 41. Address numbers, a minimum of 4 inches 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 150 feet 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 posed adjacent to the driveway entrance. 42. Portions of this development within a designated hazardous fire area shall meet hazardous fire area building code requirements. 43. Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project collector. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 44. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. 000093 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 79 45. All grass or brush exposing any structures to fire hazards shall be cleared for a distance of 100 feet prior to framing. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 46. Prior to issuance of a building permit, Applicant shall provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. E.. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 47. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 48. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 000094 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit.No. 99 -2 Page 80 F. POLICE DEPARTMENT CONDITIONS: 49. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. 50. Enforcement of Vehicle Codes: Prior to Issuance of a Zoning Clearance for Construction, the Developer shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 51. Prior to issuance of building permits for the residential components of the project, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. H. BUILDING DEPARTMENT CONDITIONS: 52. Prior to submittal of building plans, Applicant shall provide an acoustical study report that the City of Moorpark outlines a program for implementation of the Noise Element Standard of 65 CNEL (Community Noise Equivalent Level) is attained at all locations within the development. The City also requires that interior noise levels attributable to exterior noise sources not exceed 45 CNEL. The intent of the interior noise level criterion is to provide an acceptable noise level for communication and sleep. 53. The final grading plan shall meet all standards of the Uniform Building Code (UBC) and City slope setback criteria as may be required. 000095 Resolution No. 2002 - Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -2 Page 81 54. Spark Arrestor: An approved spark arrestor shall be installed on the chimney of any structure(s). III1 TO: FROM: DATE: ITEM q'")' C „ ,� C �LTFORi F of _ ACT .�fi 4YlC�r"�1L rte/ MOORPARK CITY COUNCIL AGENDA REPORT J BY: v Honorable City Council Deborah S. Traffenstedt, Acting Director of Community Development I J January 18, 2002 (CC Adjourned Meeting of 1/23/02) SUBJECT: Consider Adoption of Ordinance No. for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. BACKGROUND At the City Council's meeting on January 16, 2002, the Council continued the open public hearing for Development Agreement No. 2001 -01 to an adjourned meeting on January 23, 2002. The attached December 19 and December 5 staff reports (Attachment 1) provide the background information for the subject Development Agreement. As discussed at the public hearing on January 16, the Ad Hoc Development Agreement Committee was continuing to discuss with the applicant the affordable housing component of the proposed Development Agreement. Included as Attachment 2 to this agenda report is a revised Section 6.11 addressing the current affordable housing proposal. DISCUSSION In addition to the insertion of new Section 6.11, there will be a number of other minor edits that will need to be made to the Development Agreement that will be identified by the City Manager in his verbal presentation to the City Council at the January 23 meeting. 000097 Honorable City Council January 23, 2002 Meeting Page 2 A draft ordinance for adoption of the Development Agreement is included as Attachment 3 to this agenda report. STAFF RECOMMENDATION 1. Take public testimony and close public hearing. 2. If an approval decision is made on the related West Pointe project, introduce Ordinance No. for first reading, approving Development Agreement No. 2001 -01, subject to insertion of revised language for Section 6.11 and incorporation of minor edits recommended by Staff. Attachments: 1. December 19 and December 5, 2001 Agenda Reports 2. Revised Section 6.11 3. Draft Ordinance ITEM q. 8 _1 ATTACH Ll MOORPARK CITY COUNCI AGENDA REPORT IJY', TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATOM /City Clerk DATE: December 13, 2001 (CC Meeting of 12/19/01) SUBJECT: Consider Adoption of Ordinance No. for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. BACKGROUND At the City Council's meeting on December 5, 2001, the Council continued the open public hearing for Development Agreement No. 2001 -01 to December 19, 2001. The attached December 5 staff report (Attachment 1) provides the background information for the subject Development Agreement. DISCUSSION The draft Development Agreement provided with the agenda packet for the December 5 meeting used the Specific Plan No. 2 Development Agreement as the base document for the West Pointe project with proposed staff and Planning Commission recommended amendments shown with use of legislative format. The draft Development Agreement attached to this agenda report for the December 19 meeting (Attachment 2) incorporates all of the prior revisions and the legislative format in the attached document represents amendments since the December 5 meeting. Some sections have been renumbered, as shown with legislative format. Honorable City Council December 19, 2001 Meeting Page 2 To summarize, the new revisions for Developer Agreements include the following: • Additional clarification regarding open space dedication and conservation easements is now included in Section 6.10; • Section 6.11 addresses the current affordable housing proposal; • Section 6.20 adds an implementation plan requirement for determining the "'A" Street improvements; • Section 6.26 addresses photovoltaic system requirements for residential dwelling units; and • Various fees are now specified. The new revisions to City Agreements include the following: • Section 7.10 has been added requiring the City at Developer's expense to process a lot line adjustment for the common lot line between Tract No. 5187 and the Pete Peter's property to increase Mr. Peter's parcel to ten (10.0) gross acres; and • Section 7.11 has been added specifying the fee reductions for the affordable housing units to be constructed by Developer. Further discussion with the Developer and City Engineer is continuing regarding the dollar value to be included in Section 6.21 of the attached draft Development Agreement pertaining to certain traffic and transportation mitigation measures. Staff will provide the Council with a recommended dollar value for Section 6.21 at the December 19 meeting. A draft ordinance for adoption of the Development Agreement is included as Attachment 3 to this agenda report. STAFF RECOMMENDATION 1. Take public testimony and close public hearing. 2. If an approval decision is made on the related West Pointe project, introduce Ordinance No. for first reading, approving Development Agreement No. 2001 -01. Attachments: 1. December 5, 2001 Agenda Report (without attachments) 2. Revised Draft Development Agreement 3. Draft Ordinance )'),"'J" 1Q0 ITEM q - 'D MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager v DATE: November 29, 2001 (CC Meeting of 12/05/01) SUBJECT: Consider Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99- 02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. BACKGROUND West Pointe Homes, Inc. is the developer of a proposed project with 250 residential units. Under another agenda item the City Council is currently considering approvals for the project including General Plan Amendment (GPA) 99 -01, Zone Change (ZC) 99 -01, Residential Planned Development (RPD) 99 -02 and Vesting Tentative Tract Map (VTTM) 5187, and the related Final Environmental Impact Report (EIR). The project if approved by the City Council would supplant existing Tract No. 4620 that approved 66 five -acre lots for the property. A Development Agreement has been negotiated by a Council Ad Hoc Committee (Mayor Hunter and Councilmember Wozniak) and staff with the developer. On November 7, 2001, the City Council considered the Development Agreement and referred it to the Planning Commission for a public hearing. On November 26, 2001 the Planning Commission considered the Development Agreement and adopted Resolution No. PC 2001 -419 recommending approval to the agreement to City Council. DISCUSSION A draft Development Agreement for the above referenced project has been prepared and was considered by the City Council on November 7, 2001, and consistent with Municipal Code Section 15.40 the City Council referred the Development Agreement to the 000101 S: \City Manager \Everyone \ccagenda \Westpointe Dev Agr 1205 2001 cc mtg.d Honorable City Council Agenda Report December 5, 2001 Page 2 Planning Commission for public hearing on November 26, 2001 and set December 5, 2001, as a public hearing date for the City Council. The City Council also suggested that consideration be given to including provisions for usage of photovoltaics (solar energy facilities) in the construction of residential units. At the time of the Planning Commission meeting, the Ad Hoc Committee has not yet negotiated this potential provision with the developer. On November 26, 2001 at a duly noticed public hearing the Planning Commission, after considering staff reports and public testimony, adopted Resolution No. PC 2001 -419 recommending to the City Council, approval of Development Agreement No. 2001 -01. The Commission provided a number of edit changes, which will be incorporated into the final version of the document. In addition, they expressed strong support for the developer's obligation to actually construct the affordable housing units. While not specifically related to this project, the Commission discussed the relationship of fees and processing time to affordability and the continued affordability of units initially sold as affordable units. The Commission also discussed photovoltaics. It was a consensus that it probably was not economically viable to use them at this time. They concurred with staff that it may be more appropriate as a project condition after more analysis including the availability of state or federal rebate programs. In addition to any changes possibly needed as a result of potential modifications to the mitigation measures, at this time there are two primary issues that still need to be concluded. The first is a decision about "A" Street. If it is to be ultimately connected to the east /west arterial street, should "A" Street be considered an arterial or collector street; should it be built during build out of this project or deferred until Specific Plan No. 1 (SP -1) is considered and constructed; and should West Pointe Homes be required to build "A" Street to the east /west collector (or if it's not constructed then build "A" Street to Gabbert Road) by a time certain regardless of the timing of SP -1; or should it be the future responsibility of SP- 1 to construct "A" Street beyond the limits of the West Pointe 000102 Honorable City Council Agenda Report December 5, 2001 Page 3 project? The issue of "A" Street should be resolved as part of the Tract Map approval. On the matter of affordable housing, staff is working with the developer to modify the language to clarify the determination of affordability and to use references to applicable state law. SUMKARY The City Council is being asked to consider Development Agreement No. 2001 -01 along with General Plan Amendment (GPA) 99 -01, Zone Change No. (ZC) 99 -01, Vesting Tentative Tract Map (VTTM) No 5187, Residential Planned Development (RPD) No. 99 -02 and the project Environmental Impact Report (EIR) being considered under another item on the City Council Agenda. STAFF RECOMMENDATIONS 1. Open the public hearing, take public testimony and continue the public hearing; and 2. Introduce Ordinance No. , for first reading at same time as Zoning Ordinance for ZC 99 -01. Attachments: 1. Draft Development Agreement SK: LS: db 000103 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code 3 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND WEST POINTE HOMES, INC. 000104 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and WEST POINTE HOMES, INC., a Corporation, the owner of real property within the City of Moorpark generally referred to as Vesting Tentative Tract Map 5187 (referred to hereinafter individually as "Developer "). City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, City and Developers agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. 1.2. Prior to approval of this Agreement, but after the certification of the Final Environmental Impact Report ( "the EIR") for the Project Approvals as defined in subsection 1.3 of this Agreement, the City Council of City ( "the City Council ") approved a mitigation monitoring program to insure compliance with the mitigation measures contained in the EIR ( "the Mitigation Monitoring Program "), approved General Plan Amendment No. 99 -01 ( "GPA 99 -111), for approximately 350 acres of land within the City ( "the Property "), as more specifically described in Exhibit "A" attached hereto and incorporated herein, and changed the zoning of the Property pursuant to Zone Change No. 99 -01 ("ZC 99 -1 "). 1.3. GPA 99 -1, ZC 99 -1, Tract 5187 and RPD 99 -2 (collectively "the Project Approvals "; individually "a Project Approval ") provide for the development of the Property and the construction of certain off -site improvements in connection therewith ( "the Project "). 1.4. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in West Pointe Dev Agr 2001 #3 -2- 000105 accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.5. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. Developer anticipates developing the Property over a minimum of three (3) years. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.6. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GP 99 -1. 1.7. On November 26, 2001, the Planning Commission of City commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing recommended approval of the Agreement. 1.8. On D_�ecem :-e.r_ 5, 2001, the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on December 19, 2001, approved the Agreement by Ordinance No. —("the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project that has been West Pointe Dev Agr 2001 43 —3— 000106 M fully developed in accordance with the Project Approvals and this Agreement. 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title 'or interest in or to any portion of the Property in which a Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of any Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, deliver to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. permitted uses those that are this Agreement. The permitted and conditionally of the Property shall be limited to allowed by the Project Approvals and 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. West Pointe Dev Agr 2001 43 00010'7 5. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developers intend to avoid the result in Pardee by acknowledging and providing that Developers shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developers deems appropriate within the exercise of their subjective business judgment. 5.2 In furtherance of the Parties intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. Nothing in this section shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by West Pointe Dev Agr 2001 43 —5— 000108 the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. West Pointe Dev Agr 2001 43 Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditionali.y permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property r. 0001;09 covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code chapter 17.38 or any successor thereto, within the Property; or (g) modify the land use from what is permitted by the General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire seven (7) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the fact that the final map may be filed in phases. Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement. The term of any Subsequent Approval, except a tentative map or subdivision improvement or other agreements relating to the Project, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed West Pointe Dev Agr 2001 #3 _ 7 _ 000110 inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from any Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types West Pointe Dev Agr 2001 #3 000111 of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. Developer shall comply with (i) this the Project Approvals, (iii) all Subs for which it was the applicant or interest to the applicant and (iv) Monitoring Program and any subsequent program. Agreement, (ii) equent Approvals a successor in the Mitigation or supplemental ... �. -: A-n-y—r�l —std �-r� -33 -- � ._ �-� {) j {.'f `. -cz3 �� ..__ t i:� � ....._..i.—,- - -£.. : =..t> ! he— Mesr�-ar —k Tn.: f ed Gehee' Disi irie igr4 r, sueeesse_; shall. he deed Ehe 'JY-t -Ft i rR i t-us use eT - -t4i e ..iTLQ -e --B 'b _ i e � CIT�'� .�f a e i l i vA e s, .. `. - -- ._ threla.Ejh ..._ ... _ _ , ..._. .�__. `.n..w.__.� ._ ...... ;- ..... E' <3§ Ft:. m_ _. e�.._._..('C3t} :.. _ ._..._ -cam. _.3�f'ti:': } a - -...{ C }K2 tkx= 2 =E'r} _ F ..__._..�..` >E,.d L' fee " 6._:; All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3. As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a development fee as described herein (the ADevelopment Fee =). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be Seven Thousand Eight Hundred Fifty Dollars ($7,850.00) per residential unit and Thirty -Five Thousand, Three Hundred Twenty -Five Dollars ($35,325.00) per gross acre of institutional land on which the use is located. The fee shall be adjusted annually commencing one (1) year after the first residential building permit is issued within Tract 5187 by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall west Pointe Dev Agr 2001 43 000,1.12 be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the first residential building permit is issued within Tract 5187 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.S4. As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a traffic mitigation fee as described herein (ACitywide Traffic Fee =). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Citywide Traffic Fee shall be Four Thousand Two Hundred Forty Dollars ($4,240.00) per residential unit, and Nineteen Thousand Eighty Dollars ($19,080.00) per acre of institutional land on which the institutional use is located. Commencing on January 1, 2003, and annually thereafter, both categories of the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year (Aannual indexing -). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6. -5. As a condition of issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a community services fee as described herein (Community Services Fee) . The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be Two Thousand Thirty Dollars. ($2,030.00) per residential unit, and Six Thousand Four Hundred Twenty -Eight West Pointe Dev Agr 2001 43 -10- 06011 3 Dollars ($6,428.00) per gross acre of institutional land on which the institutional use is located. This shall satisfy Developer's Casey Road /Gabbert Road Area of Contribution (AOC) obligation for the Property. The City may use these monies for any purpose related to the Casey Road /Gabbert Road AOC or any other lawful purpose at its sole and unfettered discretion. City agrees to accept these payments as full satisfaction of Developer's obligation to pay Casey Road /Gabbert Road AOC fees. Commencing on January 1, 2005, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all In Lieu Fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of September over the prior month of September. In the event there is a decrease in the CPI for any annual indexing, the In Lieu Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.46. On the operative date of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, Project Approvals, and EIR. 6.47. Prior to the issuance of the building permit for each residential dwelling unit within the Property, Developer shall pay a fee in lieu of the dedication of parkland and related improvements (Park Fee). On the operative date of this Agreement, the amount of the Park Fee shall be Nine Thousand Dollars ($9,000.00) for each residential dwelling unit and Fifty Cents ($.50) per square foot of each building used for institutional purposes within the Property. The fee shall be adjusted annually commencing one (1) year after the first residential building permit is issued within Tract 5187 by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the West Pointe Dev Agr 2001 43 -11- 000114 month which is four (4) months prior to the month in which the first residential building permit is issued within Tract 5187 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Developer agrees that the above - described payments shall be deemed to satisfy the AQuimby- requirement set forth at California Government Code Section 66477 et seq. for the Property. : -. 6. -1-1 -8 Provided Chu:. pr�cr O recorda Lion of he first ina ............__._ .............................................._..._. .............................._ ....................................................__..........................._.......__........._..._.........................................................................._...._.............._................. ............................ -_. ma, for Trace 5187 or January 31, 2004, whichever is - - = -- - ..... - -- - - _- --- - - - ---- -- ---- -- - - - -- -- - - -- _._... - -- -- - i ester, Ventura County waterworks D str. ict No. I or any successor er:t ty ^Uilf 1r:T,s that it Y.aS 11 f 1 ,.lent - -- - - - -..................... ...... __. ......................... -- - .. _ ... - .. .. .. recycled wager o .serve tr,L AJ'lA:;lic and co�rmunity owner: landscaped areas within Tact 5187, t..e., Developer shall construct appropriately sized water lines, pumping facilities, and storage facilities for recycled water consistent with the requirements of the City, Waterworks District No. 1 and Calleguas Water District. Said lines shall be installed prior to the final cap being placed on all streets whether the recycled water is available or not. Developer shall provide service including payment of any connection and meter charges and shall use recycled water for medians and parkways for all public streets, >i :r =k -and any other public and commonly owned landscaping and recreation areas. The ...................... a o unt- recycled water needed and areas to be of J. r'r.= -gated by recycled water s]-a-11 be determined ,,yr C. y at its sole discreEi-on. The recycled water line(s) --....------------ ...._......- ...__ ...... .- .._.. --. ._...._..__............_.__.... — shall be installed for each City approved phase of development and the recycled water shall be in use prior to the first occupancy approval for each City approved phase of development if such recycled water is available within one -half mile of the Property. Developer shall install dual water meters and services for ._ locations determined necessary by City at its sole discretion to insure that both potable and recycled water are available where restroom and drinking fountains are planned. 6.1_29. Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (,not West Pointe Dev Agr 2001 43 -12- qq s covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more homeowners or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. L ' a 6. 1`v a) Developer s' a -i dedica' C Lc*- X63._. - ..._.. s w on Vest, r � ._, _..g Terl.:.atl.. Ie 'T'ract Map .�1O. S.l.�S %, . .n . fee sI.rnp_le :interest to City for ____ ........... - ....... _........... ._.__...._....._.._..._.._._.__ permanent open space preserva:_ion. P F_ ......................_._._......__-............................_........................_-..____................._.._..........._........ Such .............._........_....... dedication shall be in the form of an irrevocable offer of dedication on the first f..ina -. map f..or 518-7, ::.. ; t. c; :. c. op'. o -- _.._._ . . t itle transfer by g ,.art__.._......._.__F' ��.r= i...__._..... ..._........................... .......... %____. %. .........................................................................._..........................._.....................-. _, r ; - , `- GSC�_pt.iUi. TaV J" Te iUeSted b r Cl��T t0 UCCUr prior to approval of a. Grading Per=.t for ':Tract __ ( Its , c ±ice -e o No. �].b 1. ... ^v r«y at _. �..:..e z t or.: 1. �pr_oti approve ..._..._....�.__...- ...... __... _ _ .. .. _ ........_' __ '- - ....... ....................... .......__ ...... _._.........._....._....._._.__.. Y "a s:ich as e Sa a ot..e_ aQe c._,) t . _ Monica ....... ........... . a ara? =t Mou:ta? ns Co nserva ^cy, to nc�d deed in _rust fo. -:� t.�.e C; tV ro of 263. (b) Co_ curie. t witri C ............. ................. ... _ agency acceptance, o� f�e t �t r= for L 263, Dever. ope.r shall su bm.. t an ani.:..u.a'.. payment to C._ t_y the purposes of perma-_e :t r,anaqFr.ent, maim er_ar_Ce, and rtitigaL? on monl..c;ririg �1 he ..............._.....................................__.........._...............................__...._............................_............................._....._............._......_....._.._..........._..._.... .........................._.... _............__ open space Lot 263. On the effec`"ive date of '-;s -- - - -_ -- ----------------------------.._____._........ ..._..__......_.__.__...___._.__... ... _......._.......__._________ Agreement, the amount of the Annual Open Space Maintenance Fee shall be Ten i "no,.asar ._ ld Dolars ($iO,OOC.00) The fee shall be ad-4 annually .................................. ............................ ... .......... ............................. .............. ................. ._......................................... .......... ..................... ...................._................ _....................... ..............._............... _......_. . t�:ereafter, beginning in Year 2005, by any ___..._...._..._.._.__......._.__........_..__......_._._ ..--- ..__...___...---- _...._.._ .._.........__......._____... - ......---- ..._.....- __ _._......_._.._..-- ._--- _ -._... increase ea.SE in the Consumer_ ?r ? -ce Index (CPI.) c - - sha_ , be determ ined by u ; : -_'c� tt�e CPT increase ir_ Forr;rat M 4 provided by the U.S. er r , r lei.' of ........................... .................................__................................._............................................... 1.... ......_..__..........._........ ......... _ _ Gabor, Bureau of Labor StaL�.suics, _or all ar air consumers ✓7 it li n the I:jos Angeles /Anahe.im/ iver.a _de netropo_itan area during the prior ............ ........... ---- .._ ............. _....---- - - - - -_ - --._._.._-. .___.._...._.._------ __.._..... --- .._._.........._._.._....._.._ - -- ...-----=- ._._.......__... vear. The calculation shall be made using the West Pointe Dev Agr 2001 43 —13- 000116 mont In wt z lc Ii i is four (41.) mon1_-ns pr', o r Lo Ic me . ........ . . .............. .. . .......... ........... . ..... w . J. -a c he f ee I. tne pavr-iient s di e t payment due date occurs J.� October, th.en the ........... ................. . ... . . . ............ . . . ..... . . .... . ...... . .......... - ........... .......... a e e increases month of JUne is to callcu_- ....... ..... .. .... ........ .......... - ......... ... ............. ....... . .. I-— .... .. ............. ... ...... . . -.-r-ease n e In the event t1-)ee 1" S a dec ........ ............ referenced index for any annual index.-'nq, the Anniial Open Space Maintenance Fee shall. remain at 1 -h its then current amount ul I t such L, ime as ........... . ..... ........ ...... - ........ .. ........... rle ......................... .. . ................ . ....................... ................... ........................................ . ........ I ............... ...................... subsequent ann-al indexinq winich resul�s II: ............... ........ . .. 4 an ...ncrease. Sc C-Oncu rrerl'.-_ iy with recordat- ion of L"he f i I st'_ L Inai ....... .... . ...... .... .......... ' ............ . ............. .................................................. _ ............. . . ........ .................................. .................... ........... ................... . ........ .. .... ............ .. ...... .. .. map for Tract No. 51-87, Developer acrees 1-o . ........... ------ arant, in a form acceptable C to -ty, a conse-r vat ion easement to reta� .1 -ots 251, 257, ............ . . . . . ... . . ..... .... . .............. ---------- ...... .... ...... ....... _ . . ........... .. ___ ........ . .. . ........ . ..... .......... ... .... _ ---- -- 258, 261, 262, 264, and 265, as shown on the ...................... ........ . .............. .................................... .. - ....................... -Iominan�lv open ve Mao, a - red omit s t i n q T e n t. at. i n . . . ...... .. .......... ...... .............. space condition consistent with. C i v.... L Code ........... Section .e .. . .c .... i on 815 et seq., except i—e _ uses .......... shown on the Ves�E_inq Tentative Map and any f1l�nai . . ......... ............. ................... ............. ..... . ....... - . . ........................... .............. . ... I .................. map for Tract :5187 and t-.'--)e follow-i._ -poses: .....-I . ........... __...._ .. ............ . _. ......... .... ... ......... . . .... ...... .......... .. ..... .. .. . . . .. . .... .... . .... .. .. ...... .... 111. Developer shall make improvement's mp . . . . . .rovemens at- its sol e . . ................ cost and expense to the trail staginc on I ot .j area L .......... . .... 251 of Tract No. 5187. The impover-.=-s shall be as determined by the City at its sole d.iscretioi-,. and ;ha _1. include but not - . be to T ..... . ...... .... ...... ... . ...... o 11 ow I n'� ............ ........... 1) r e,.,, .,,a r � a t. ............ ....... ...... .......... -------- - - - - -- ..... n o f a I ....... . ....... .......... . ........ .............. ... . s i t � i e a n , c �- r � a d i .... ... ..... . . ...... ........... . .... .... ___ ......... .............. ... .. -sLallatio-11 of a parking of -v'j t n pa v J nq material as determined '-y ........ . ... . the C.l.T_-v e i t he, r aspinalt, concrete, o.,-1 decoIT,,nosed cq-t-a.n-.te, o r r r I ar mater e 1r, i alt .............. . ......... . ....... . . . ...... water e . .. . . . ............. . ........ . ..... .... ..... . . ... ...... ... ... .. . . ... . ... ..... --y arid e 1 e c L_ r i c i � . ................ .......... .......... services, .... . ....... ................................. security ........... .1 ......... .. 11 ............ htj lie _ -ne. ...... .... ........... ....................................... ....... f arid -�'e='~g and gates. Improvements shall be completed Prio- to the i first. occupancy of. a residenti.a.'... Unit in . ................. . . .. _ .. ........ .... . . . ........ ...................... 4 a, c, � : I - No. 5187 and C, the saLis-'act-ion of the City r Cl- . ....... . ...... . r-a:14 t West Pointe Dev Agr 2001 43 with C,ivil Gede Seetien 81S et� seq. ter =ee e t 2. ST(D'1-1�1 _-C�OSM t - 17171�"ld -E-' I' 'BE ...... . ......... . _i__ --- ---- a.t i .. ... . ...... - r.1 .......... . . &E - ----- e`ei _3.e a 'a t�: J�,a ea an'C -14- 000:117 .. ,cp'ense —:p-Ee v e h- cdepes in the aniecri2u elf 1 ;,1..3. }c3..�. {:J-n-a3= }<m . ..............c i ._......_..re..l..� ..fYGt..._... ?:r ..t,x .3......._...E... ........ { 3............_..._.._.._............_.. ......_.._t..r.�......_.._br.,. _,..: _ _ _ __ — Eizf?E :dirs -cam - f rte_ 3. u`.._ f ... Eh _ P. _.- -- C ..y....._ .._ :� t ._... �t }s { .......L +s- e-.-r. -1 i {3..n - irI2.d -....` ..�-ia- :E:- :1:-._... - e- 7 udkL _ u 111- #. b.`>.. ...... __� ....._....r- Z {7 an , o'< 3t-'L±no. , ±ns ^lien ef _ _ _ - „ _ gh 'no, and feneing and gates. imprevezzrients shall be . -.- - eee�ipaney o}p -e :='. - jF....... cz1::: ....._.. ..:. }..._.. 3::......._�3.c }.. ..r3{ ;... {.j.:,.A.._.....f:. (d) No extraction of subsurface mineral resources, excavation, drilling, eiEtraetien, pumping, mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easements.> �-y ��r-e d 3 the r- e'c}3 � df, {i _..- e,- -an(i::1-r- r, r-I t.; . __V _ f i eV-i_ the ,may �yp� S'Y 1 `. e e± a-e 1 e L _T e _-GAT -T.L .Ct7 ... n 1. - .... t f3d.e ...... i { E ..... ::.}3 y..:;:: t j.........ca. ........ raf' .. 6.4 11. Developer shall provide fifteen (15), four (4) bedroom and two bath single family detached units with a minimum of 1,200 square feet and a maximum of 1,500 square feet to be sold to buyers who meet the criteria for low income (80 percent or less of median income) and ten (10), four (4) bedroom and two bath single family detached units with a minimum of 1,200 square feet and a maximum of 1,500 square feet to be sold to buyers who meet the criteria for very low income (50 percent or less of median income). Prior to approval of the first final map for Tentative Tract Map No. 5187, Developer shall acquire an approximate two -acre parcel within the Moorpark Redevelopment Agency project area on which to construct the 25 referenced units. The parcel must be zoned and have an approved land use designation to allow construction of the referenced 25 West Pointe Dev Agr 2001 43 -15- .a0as:1s units prior to approval of the first final map for Tract Map No. 5187. -= he - -rn t a }:- se }_ .: ._._..p.Y - ± -ee .._ €.o:t.._..4..1. ...............__-... ._.......__._._._..__..._._._.. ess �_= r-e eat - - o. f.. -i n -i 41h. e ".. �. - . ti. e .f_.....- n..i. .i..a }..... -va- fie:-.. ._.._..T:he --- d..r_..f.e- re-ee-e ue . ..... -2, - 1...._._...:oe 1 1 es CO. s..t...s....... ... �.E,.� ^� Ov{}_ -�7t, . Developer shall be responsible for the following: (a) Processing of City required entitlements including but not limited to Tentative Tract and Final Map and Residential Planned Development Permit (RPD). (b) Processing of General Plan Amendment, Zone Change, and environmental document (up to MND but no EIR). (c) Pay all City capital improvement and mitigation fees :inc'_.uding but not limited to those fees ............. - - - - . — ... requ -_.red i r_ s h,sect i "ons 6 . ? , � 4 , 5 5 , 6 . 7 , 6.__12 ................. ...._..._..... .... . . ...... ........ . .................. ......... _.- and 6-'7 of this Agreement A s s ue be _..__---..__.._..___....__-_-..._____._____...__......._._.... T: ._......._____..._- _._.__....__ - =7-v -c=r -�, .7 —r'. c-- - - - -_ _.:'��:�e-e-n Tr_ =—'� �-:� -i—;T= J3t .._.: z }. x� ........._:. }. L. •_.... 'y eck .s.._.._... - L--er ............. �'.n.nt _, -.c ..}..: E a:P . a_--jd ------- (d) Grade the site per approved map, install all utilities, and construct all public and private improvements consistent with City standards typical for such subdivision. The first ten units (6 low, 4 very low) shall be constructed and occupied prior to the _100' Fio --- occupancy in Tract 5187, and the next 15 units (9 low, 6 very low) shall be constructed and occupied prior to the occupancy of the 150th unit in Tract 5187. `',' ^e .i.ni. ia- sell nc, p.r..i.ce for the ..� units ror ow- ..... ...... ..... ... .................. - . _.. ..: ome buyers shall riot exceed af.. oz-c.abl.e ho;.zs.i.ng --- ...... -._ _ - . ...._ . ... - _.. ............ . _.. -..... ..os , as defined in Sec:. 50052 .5 (b) (2, of CallfoLr ,_.�. Health and Safe'--y Code. or a family of 4, she ...... _.._..- .----- ..........` .._ ..............._..._.._.. - -_ - - -- -- - -- - - - - -. _.. y. ,,__..._._... - - .. .._._ - -- - - - - ...._._._...... - ,j ctT ,.__ c, _ r ESL :4o - 1S d ;'�' Jv t!. Iles .................................................. __............................. ._......... ....._......._................. _.. _.................... 70§ of 571,800, the current median income for ...a family of 4 in Ventura County, divided by 12. phis monthly West Pointe Dev Agr 2001 43 -16- Q •0:40 0119 a mo-un.--L -in--- ludes :.--he cor-.iponents .:,-:I er.t l-f ied in - S.e.ct_- ior I .......... . ... .. ... .... ..... . . -------- 6920 of Ti t 1 e 2 o f he Ca_... J' f o rT i a Code o_" S-.-)w,,:l below. (See Sectic-M 50052.5 �c) of .-he Heal—h ---------- ...... ... ......... ... . ............ .... . ..... an S a iff e +.--'V C o d e --'--,e sellina --rice for a household ........... .. ... ..... -ren+C marke�. 4 or would be $137, 00 under u I . ........ . ........... .____._ . ......... ............ . . . ..... --------- ....... . ... . . ........ . ... ........ . ........ .. co.-dit.ioln.s, based up on ti-e LC oj] OW4: 0. Low Income Buyer Med. Household of Four Item Detail Amount PU hase Price r c $137, 500 Down Payment .0 rchase 6 .....p. -1 . ....... pr.ce 6,875 l.roan A�)a rro, k., "In ................. . ...... . . .... . ... I ....... 9 5 C.) r c h a s e .... . . .................. . . ..... ....... . . ........... _- - -------- __ ... pr, ce 5130625 ._... ...._....._.__..__r_...._...._. -rit-ores '-, e Rat 7. n-. 7.5% Pro-oertv 'Fzax 1 .25° $14.3/mo. HC)A $50/mo. ilire Insurance e .. 11 ran,,.-- - $40/wo. M a i n,--- e n a n c e 0 1 1C). /M ...t .. . Th,a�C_- se 11 inq price f or a low- incorlLe hiousel lol of f ive .. . ................. ........................... ............... . .... . ......... . ................... ... .. ....................................... ................. ............ ............. .......... or more would be based on the affordable housing cost -------- ---- ........ ... - - -------- ------- for actual household size. Under current market con it ioins, _ hat _ price woul d be $1 . . 5. . . 0. . ., . .....0.. ....0..... 0 for ............ I . ....... ___ .. . . .. . ............... . .............. _ ------ . ............. - ----- -- a -Fo-y- a household of six, .ouse�,iold 0.- five, $1164, 000 .......... ......... ............ ......... .................. ..................... ....................... . . ........... . .......... ............. ..... 11, ............................. ............... . ..... ........ ......... ...... a n-al 77, 5 001 f o I- a In o u s e o I d o S ev- e:i. -Y I CD Y, Ve I e sell. o- �he 10 C! 2. C e I . ..... K .......... ... . .. .... . . ......... . . ....... . ... ........ . . ...... .... . ....... 1 C._, W .4 $ 9 0 0 0, 10 Dased rl)n .:ccjiy,le buyers slhall rot excee(d . ...... .......... .. .. ...... ................. ............. ............. ......... ........ .......... ................. ........... - t .-ollowl-T.a. assumptions: - ... ....... __. � I.. - Very Low Income Buyer Household of Four Item Detail Amount Purcri.a.se Price $90, 000 Down PayrTent ............ ............. 5 % o ff our..c.......h. ase p rice $4,50 Loan Amount 95`x. of purchase $85,500 price In t eves t R at-, e 7.5% Property Tax a 4 mo . f, e .. 11 ran,,.-- - 4 /mo. West Pointe Dev Agr 2001 43 -17- zowlz() MainA..-enance =mo. ut /o. t� les M il.' i West Pointe Dev Agr 2001 43 Tiha..... selling price far a very low -. in c o m e h ousehol. d o... .... . ..t . ................ ............................. ... ........... .......... ........ ...... .......... ....... . .... .......... ........ .. -ve or more would be based or - h e affordable hoUsina . . . . ...... . ......... . ... . . ............ cost for the actual. househo-Ld size. Under current market condi-ions, that pr-d.,ce would Ile X99,500 fc,,-r, a ...... . ...... ... ___ ...... . . ......... . . .. .. ...... ... household of flue, Fc.-)r hollse r r C, wuu � h-ld If Z_iX, ... . . ................................ .................. ............ ........... ................... ........... ................. .... ...... .... .......... . - ................ ........... ... . ... -.1-1 ... ...... ...... and SI3z , 500 for a -h-iousehold of sever.. ..... 1 cassuTptionS associated wit}. -1 the aboie rurchas .. . . . . e P.._....._...._ lr- ude a m; .-e figures iric., �nlrriurrl 0� 5�-, down paymient, ............. . ........................ . ..... . ....... . ........... ........... .............. ............... . .... .. . ....................... . ...... 11 . ....... I ter-S, c_)n Ulyer' s p,U_-chase p f I Ic- e , m I E -a q e -ate of 7.5%, no mortgage insurance, property tax rate e -)er- o 1�� 0. t' - aL.� s ol_ . .......... ............ ............ . .... . . ........ . .... ..... . ............. ..................... . . .......... ....... . .. . . ...... ...... ..'..11 ...I...ri arie . ..oI f Y4- 0 per T'()-'It *"1, Mainil-enance ..... .. ..... - .. ........ .. ...... . . . ..... . . .. .... . ...... - costs of IS40 pe--r,- mot.. and u.ilitin's o f "100 ...... .. ..... ......... .... . . mont r � e cJ lf "affo.?-uicable allefi A S, e, c ....................... ....... ................... .... ........................ .......... .... ...................... ............. ...... . . . ......... ... ........ -1 d 0 0 t�2 .5 of California ' IT ealLI-. and Safety Code, shou- ....... ..... - - - -- --__ ------------ .. ........ - - -- __ -ure, the above star -lards will be cnanc-4e in t:_. fut 4 e mo..-I.Led to .. _ ff.:.lect suc- c.'r-,ar-cre. price an market: difference between the selling p'_Y -d .... .. . ......... . T alue shall be retained b-,,, L-he City a s a secord deed he Af 'o-dab" e ODIL trust and will be further defined -in ...... . ..... ....... . .. . .. ............... . . . Housing Agreement . Tne rear . . value .... .. .. ...... t..... . iT) e .......o.. . f .... ........ ...................... . . .... . .... ................ . .... . ..... . ..... . . . ............... ..... .. .... ................ ..... . .......... . .. . .. ........ shall be identified by cLevelope-r, wit-1-- susupporting . . . ........ . docu.m.entatlion. provided ti- o C i t -v t o j _uL s t i f y t e J. mp ut t e d a - e not i f y value. city shal- vel....ry markeL. v,, lu and ..... ..... . ............ . . ... . . . . . ...... . . .................. . ... . ........ .. . .... .............. . ........ ...... .......... i ce disagreezie with developell" 0L it,s C o ric u e ri - c - f .............. .............. .... ...... .. .................... I .................. ..................... Y W .1-A e v (,-Il c' 7c e r s 'E.i .............. . . ... . ±I�,�.�'..-,�l-.��-..'�71,,'-.-.'.,!.-*� . ...... .. . .... . ...... . I.I.-I ............ . - e I pe f.. T a. i a d o r i t-.Y, 1 Iuct 1.r,S own valuat.i,= -process and at its sole disc-r—ion Make a ............ ....... final ce t e rm'� na t i on lo f the cu rrent m aT k e- v al-ue o the ............................. property. ....... ..... ........... . . . ............................ . .... . ...... .......... 'City shall I ................... ............................. .. . .................... . .. . . ................. - ................... ................. cont--l-ol 1-ne resale of any - ........... ......... . o.; the u nits. Developer shall -Day C'1r costs for each �osinq c-os: - -uni- note ................. .......... ........... ..................... . .. . . ..... - .......... . .................... ............................ .... .......... .................... ................... ........... ........... . ..... 5, 0" 0 Three years fol'lowlnq to exceea execut-jor Or ... . ......... - this Development Agreement, and for ea(--,. of fj.f1_ een subsequent years, . t h e m a. x JL ri TIR I Tr: $5, 0 0 0 b o r I e )aid for closing Q costs shall be increased an-lally h)v any ............... ...... . . .... ................. ............... .... . ............. ......................... ........ ... ....... .. .... .. .... ........... . ........ ........................ percentage increase in 'Ehe Consumer Price _Iridex I .. . ..... . ........... Urban Consumers 0 Or A.L.I Los A _sIde �,Mletrouoliran area, Anaeles/oranae/Rive-., ' d as . ......... . .......... T-, U 1) 14 s h. e d f 1- o m ime to t irre by he Ur -4 t" e (.1 S t a e s U � li �- - OMM OOOJL2:1 rz a '- T ' De. r..m... of Labor o? i! t'-, ze eve.�t. sucl _ aex ro to g,er pu. c... _shed or oche wise ava...l, able , suc1.? replacement in -de.x as ra be agreed upon lo T Own`...r and ..._....._...._...... ........................_......_.....__.........._._ .._.._..._...._.....'.._.._.._Y ...._..........__ -........ ...... ....._........ ..__.._ City. All cal <�l l<:�T Ions i, r c� the Cor aUT er P� Price ........_ ... .._ _.. ........... . . In ex shall be made usyr <,1 the ............... _. ................. _ _ _ _ P er; o ._ �o t e ronth t �.- s Development Aareemer:t is execute:. The initial sales price, market value, buyer eligibility, resale restrictions, respective role of City and Developer, and any other item; determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first final Tract Map for this project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement up to a maximum of Seven Thousand, Five Hundred Dollars ($7,500.00). 6.4- 5,,12. Developer agrees that the Mitigation Measures included in the City Council certified Final Environmental Impact Report (EIR) and Mitigation Monitoring Program, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to City an air quality mitigation fee, as described herein (Air Quality Fee), in satisfaction of the Transportation Demand Management Fund mitigation requirement in the Final Environmental Impact Report (EIR) for theProperty. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. West Pointe Dev Agr 2001 93 At the time r^ e; Is aue, a'e mac. sell disere�en, .r. City may at -s sole d..i.scr..et.i.cn require Developer to i purchase equipment, vehicles, or other items, contract and pay for services, or make improvements for which Developer shall receive equivalent credit against r=ae -Air Quality Fee payments or refund of previous payments. -19- 000��2 The Air Quality Fee shall be T�e F:�.nd_,!Fed _0 rl 4 -P Thei:�sand Niinle 1-u nal ,rhol�.i.sanci H-Undred ($1,444.00) . ... . ..... . . ... . .................. . ..... . ..... - ....... . . ............ ....... ................ . .. . .......... Qer residenL-.ia l unit[ to be paid prior to the issuance .............. . ..... ............................. .......... of a each building permit for the first residential unit in Tract 5187. Commencing on January 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month of September over the prior month of September. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. For institutional uses, the Air Quality Fee shall be calculated by the Community Development Department prior to the first occupancy approval for each institutional use. 6. -3-7-6-: Prior to bet-19. Eh of the first s-i-cle-n-t-la -1, and -.grading permit for the Property, ror approval of 41--he first fin a,.' of Tr-,;-,c--- .............. ............. ................ .... ...................... ....... . .......... ...... . .. .. .................... .............. ................ ............... . . ............. ... .... ..... ... .. ....... .. ... ... .. 5187, wh licnever occurs first, Developer shall submit and gain approval from City Council of an Implementation Plan. The Implementation Plan shall address the requirements for phasing and construction responsibilities of Developer and any successors including sureties for performance for all grading, construction of storm drains and utilities, private and public streets, and other private and public improvements on or offsite required by Tract 5187, RPD ,rM ;p 99-2 and this Agreement. '17"Ve lementa.tjon _?'.an sl-...a. also ad(J-ress the eritir_ies responisible and method and .... =-..._.__._......__. .._.....__...__._...._..._._... ....... ......... . .... ............... . ... .... �-ee t-iming of guaran� for each comuonen� - of Deve'loper's Obligations pursuant to �f_ ra -_ ItE 5187, - R-?.-D- 99 2, and this _ .. ........... ... .Agreement. The approval of the Implementation Plan and ariv A-ITI-nd-Tients rhereto shall be at the City Council's ........... .... .... . sole discretion. Prior zo sa .1e or any 1". ra n s f er o f . . ..... ....... I ........... .... .... ................ ..... ........... ... - .......... - .............. .. ............. . ...... owner hip of an" portion of Traci 5187 fr,xcep .0 ...... . ... . ......... -i-iction of houses' individual J. 0 t s a. f t er constr West Pointe Dev Agr 2001 43 seek Ci�v an-)rova' of an ;,,---Tie ndme nt Deve.oner shaid. i __ -20- Of)O:L23 ,r. lrnplcmentanon -Plan �o address r } escor�ibl es --- Of each ent.i. v. i- .....1... .._.._.__..._....as1. -E 3 :3 r= i C�...._..t ;:..._...; . x:.�.�r.��a.._..... � ._... t ; =iE ..__. ... r {�.. 1..._..__.. .. 3z:1...... v `. - ...._... B. plan ,......eL f..».E,. }:; _..._.6......_..... -.. .3.t�.._.. p L }" ....li_....._..a�. t..s. } _ f .. E.7 t .... .... ' £ I3 Y _ me-- :... _.F� ..............i ET ..........:j. _ 3 {i} iiE ..__ J.:::.. G G - - appwFevaq. 6.41- -9,1_ -. Developer hereby waives any right that it may have under California Government Code Section 65915 et. seq., or any successor thereto, or any other provision of Federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of dwelling units approved to be constructed on the Property. 6.15. Developer agrees to cast affirmative ballots for the ._........_ formation of e:r. one or m-o-r-e assessment districts and levying of assessments, for the maintenance of parkway and median landscaping, street lighting and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall also form one or more property owner associations to assume ownership and maintenance of open space land, trails, storm water detention basins and related drainage facilities, landscaping, access road to water tank site, and other amenities, and to comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Project. The obligation of said property owner associations shall be more specifically defined in the conditions of approval of Tract 5187 and RPD 99 -2. West Pointe Dev Agr 2001 43 —21— 0,00124 6.7�16. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 6.17 Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) fee for each residential lot and institutional use prior to the issuance of a building permit for each lot or use. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each residential lot and institutional use. 6.18 The developer shall construct the required regional flood control basin (Lot 259 on Tract 5187) as depicted in the Walnut /Gabbert Deficiency Study in lieu of their pro rata contribution for Drainage, Sediment Transport and Flood Control Planning Mitigation Measure #4 in the Mitigation Monitoring Program. The estimated cost for this basin is approximately $400,000. If the project's pro rata share is determined by City to exceed this amount, the developer shall be required to pay the difference of the cost of improvement and their proposed potential pro rata share prior to approval of the first final map. e- - -- -i: :}:az: i:E <........... { }.::............ A.- ... -..�7 "i3 :: rE7............ {.>f: : iT't :: ............ : =f .r.............._ ._1-_.L. ............ 117..r }T>t: Y =..r._ ... ,. _- ti ... s_cj.___y.. _a =E7 i .Ya.e ..... j�. � .C'�r3�3�:.�c:......_`.:;.:r:.. '1-1........eay- -. ._.c::,......_tlie - he it } 4 . _ �.ezv- ___r.n..... - -3 :3._........S<>l-<:. _.._... {1 i -n ._..__..:. {j.-Y-- u 6.19.2 Prior to approval of the first final map for the Property, the Developer shall pay to the City Gyie, West Pointe Dev Agr 2001 43 —22- 000 ,125 iiund� =e -S_ even'-y Thousand Dollars ($j�'_70, 000.00) to satisfy the Final EIR Biological and Botanical Resources Mitigation Measures 5., 18., and 19. This payment may be expended by City in its sole discretion for open space acquisition and maintenance and habitat restoration and preservation. r 6.20. Developer shall construct "A" Street from "E" Street to the southern boundary of Tract 5187 prior to occupancy of the one hundred sixty -fifth (165th) residential unit of Tract 5187. in a _d E:';'-en, 'A' Wit- -mac . a e `a t Ehe de wr �c o ` s ��i0r. •{ ..t.e F.... ....... f E }7=i :E,.r- h 1*- - B,Y pa. .s..cj_._._....H ; = }'t3 t -E �_.-.....- -a3 :i. ........_.. -.. k:i: d C e-rT i{e =at er 2= - -- =< D'I- id- - ---ei4 ... _ ...... t.= . }.E.� saCTTe i� ?ZTie .'-�s _2"S__Se s. L' e the m rT e :.. S 1 Z`i T beunda=. The design, plans and specifications rc lud._n: x':ight of way requ .. r-ernents for the above- _. referenced improvements shall be approved by City at its sole discretion and ncorporate�' as oar'- of the Lmplementat o . Plan. Developer shall also pay City for its plan check, inspection and administrative costs related to the design and construction of said improvements. yevelem r sh -a he —eli-j ble fer pEe _ a t a ....'..: ,:rte- r'".��z.e�i-: s em e th e a= develepers - ---cry <c,.- s..i.,o....._..ev.....: ". fix... &.IE� . ---- ,_.....e._._s.e3- -e ...._. a.. } - Developer shall provide a surety in an amount and form determined by City at its sole discretion obligating Developer for the long -term maintenance of "A" Street aIIix- j .........t:: f 'e-a-.�. _.�.�,t�. c;_t.........eO�,.rt<.�.e to r.......r�t c�....until two years after the occupancy of the last residential unit in Tract 5187. The obligation shall provide for a 50 -year life for "A" Street. 6.2421. Prior to issuance of the first residential building ___.._.... permit for the Property, the Developer shall pay to the City Dollars ($ ) to satisfy the Final — a-IRMitigation Monitoring Program Traffic and Transportation Mitigation Measures 1. 7-and 2. ,S. and 6. and shall pay to the City Twenty Thousand Dollars ($20,000) to satisfy Public Services and Utilities Mitigation Measure 2. Th -sese payments may be expended by City in its sole discretion. Developer agrees that no more than ninety -nine (99) residential building permits will be issued for the Property until the intersection of Moorpark Avenue (SR West Pointe Dev Agr 2001 43 -23- 23) and High Street is widened to provide dedicated through, right -turn and left -turn lanes for both the north and south legs of the intersection, a dedicated right -turn lane for southbound Walnut Canyon Road at Casey Road is constructed, and the timing of all signalized intersections from Spring Road /Walnut Canyon Road south to Los Angeles Avenue /Moorpark Avenue are synchronized consistent with plans approved by City in its sole discretion subject to Caltrans concurrence. 6. -2_P 2. Prior to occupancy of the first residential unit in Tract 5187 and RPD 99 -2, Developer shall acquire at its sole cost and expense the property needed to improve and make improvements to the Walnut Canyon Read frontage of the contiguous property to the North .............. I. ... ....... ........ .. (Peters) and to the South (Laz__a_no) consistent with the Walnut Canyon Corridor Study. Final design, plans and specifications shall be as approved by the City in its sole discretion subject to Caltrans concurrence. 9 6.:iG2:;. Developer at its sole cost and expense shall construct ..................... the public trail system across the Walnut Canyon frontage of the Property and across the adjacent parcel to the North to connect to the trail in Tract 4928 and across the adjacent property to the south to connect to a point as determined by the City at its sole discretion, including inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, plans and specifications for submittal to City. City shall approve design, plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the two hundredth (200th) residential unit. 6.:224. Developer agrees that any fees and payments pursuant .............. to this Agreement shall be made without reservation, West Pointe Dev Agr 2001 43 -24- 000, ` 7 and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer ar ees to comply w.i.t�. Sect 4.o-n- 15 .40 .: 50 of tiie Moor.-rk Mun.ici -oa . Code ails any provision ..._..._.._...._ ............ .__._............. ..._....._._._.._._.._ ... ....... _......__....I - -.._ _... ._.............._.__._...._._.. __...._...._.....- _.._... ....._....._.... - :. ` � er- ,dat:o-1y . .._...... - ... . ......... .._ . of this Agreement and further agrees '-hat he annual _ _ . ._ revIew shall . -_ zcude eva u lation of i.ts comU.__.i �r.cc w__�_ . t. e app.s_otiTea M _t_aat o z Mc.I:1_.to ......._..- ...:.^c.. .- :_arn ... .. +' 0.26 Developer agrees to i7- 1' a Dhotovol�aic system for each res i dentin I. dwe in. �_ini.`, ; r 17ract 5 1. 87 4 - r " orsd.steni:. wit l C7_�y poli.cry al:ld. :3tcdllC.a.Y'ds, s0 ..........:..C.'1: ...___`..:`:' ,., C i t adotit s ollc and s «I .1 rC s prior o �T'niiar'y - -_._- Y . µ ................... _..... _ ......._........................ ._.. ......... _.. . 31, 2004, or approval of ':.he first final reap for Tract- ............. - -- - -- - ..._......^ _- —.... - -- ._.._.... - -- - -- - -- ._._........_..... _ _ 5187, wh1 .c'neyer --,s later. 7. City Agreements. 7.1. City shall commit _ reasonable time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for the Project area and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7 ._. ...... .....__ .................. ..3-t.:_...._:,..EY:.E .c.. �...tc3= ;— �.).'d -__ _D<_':TCFE�..l'E>�. C,.:rr_.._cz-%1� - --� 5>-E� l-E�pE:Lx =..,. � �,....--- �:>•.:- y..�:��.Il :--- ...... �).�.._._..._ i�- --.._._� .f.�.E :. . .............c�_c�. Galife:Fnia Ge,,�,e±_nffient Cede n c�:...... r .... ...._ _. e . .. ,e `. L .... _.._. Rees, 3 3 :- -.-S . ...... - E ..............<<Iis E.1 ............... =3 3C':........ :...... ......E3._.._.:3fji t=tE T2.=r.._.`j... L t - ....._ f7- t._..� ....... ...p'Y'El.. dc:,d_.. .......... he C ,_ s. �C} T3..:_. r._..... .r.�y:..:r_._:.}F'.>it.._..t�JC Ej,........Sr�'E:tE3T:l.... -? i -z�.. - ..- .a.I?E{ {>r cE_'E'i3 - -t -t: e- --re:^tlsJ- ei3 - -6f e h e- l*e-cci�:.i...E3 by r rti. . C __c T r r G£3v.. r-n:TK- ,n- ..�.......- ' -'HC#H - -"C &; - 'i- }3 }.._..._'_ . -:. 4- n._._.............T- n_._....._ .y.3.v..._.... E' E,. a...._..._.. r�_._r: ;.cam'_ �� •�. �- -. n. .7f3F,.. .�. � ._ : °c?X -_...... t lf-=t _ _�.:{�-c:2.�..i�`_ _a..i1.,Y` West Pointe Dev Agr 2001 43 -25- 000128 z-e.iden ial _'et ems- =--i de.:o 7.2a. If requested in writing by Developer and limited to City =s legal authority, City shall proceed to acquire, at Developer =s sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66457 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs and City staff costs. 7.34. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of approval for Tract 5187 and RPD 99 -2 and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading and construction of on -site and off -site improvements. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.-""s. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. 7.56. City agrees that the Park Fee required under subsection 6.9. of this Agreement meets Developer's obligation for park land dedication provisions of state law and City codes. West Pointe Dev Aqr 2001 43 — 2 6 — aUi�Z�9 7.-�L. City agrees, at no cost to City, to cooperate with Developer to allow Developer to receive the maximum amount of tax benefits for the dedication of public open space of lot 2...63.. . .. _ ............. 7.7.5 The City agrees to appoint an affordable housing staff person to oversee the implementation of the affordable housing requirements for the Property required herein for the duration such units are required to be maintained as affordable consistent with the provisions of subsection 6.14. 7.8.4 City agrees to allow for a variation of five feet (51) maximum in the grades as shown on the Grading Plan exhibit of the Property subject to approval of the Director of Community Development upon a determination by the Director in his /her sole discretion that the overall design and visual quality of the Property would not be significantly affected. 7.9. -. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map development permit or development agreement with one or more other developers. City 7.104-t'-. C .ty aq.rees at i�eve :Loper' s sole cost and ex.rense tc process a -lot . common lot -- - - - -- - - ...._..._.. __... - - -- - line of a portion of Tract 5187 and APIA 500- 0230 -195 V,, _....._.._.._.._.._......_ ................... _...........-........-.............._........_........._................._....... ...._........_............... -- .......__............................__.. .......... ... _._........... .... (Pc to r ` s Pa'__cE.= �c lr ere se Peter's Parce_ to ten ......_.__.... - -_ -. ^.___.._.___..__.__._ _---._......__..__._ ._....__.--- ....._...__._._._.- .C; cx.r_oss acres The reques`.ed Lot ..Line a.d -,ustme.nt in.zst cc;nf orm �o ..._ e State Su.^di.v.i. _on va Act and C.tv _ ..._....._..... . . .... - -- ..._.. Su.bdivi..�ior Ordinance in affect a the rime :�_rl ............. .. ................. . ................... _..... ......... .... application for a lot lire adjus'men'� is filed wish - - - — - - ...... -------- City, s ^ all not exceed eight t _t sand e- 9 h t hundred ed (8, 800) square feet, and. must be app- Iroved oric;r. to ax- proval of the first final map for Tract: 5187. 7.:1.1. Cat -y agrees that for. Developer's construction of - a` "ordable housing units corls.iste.nt wd' -t' subsection 6.1 "1 of this ........................... ............. ........... . .......................... ..................... -..... _ _ be Three Thousarld Dollars ($3,OCC.00) per anit, Park . - - - - -- - ...__....._ ... ....... . .. _. Fee shall be Ti ree '? "housand S i.x a indz cd moo..:_ West Pointe Dev Agr 2001 43 ($3,600.00) p---r,' ur:it, and the A .r. Quality Fee shall be .............._..__...._. .__........._...__...._.._...._ _.._._. _.. _ ........__._. ______..._....__... _._...._.....__._.. _ ......._..._......__.._... _...._.____.._. Five 11)ndred Dollars ($500.00) Y)er ...__I`. _ ese th -ree -27- 0001:30 fees shall b increased bccrinr_ii a t ree ears af'�er �' _........___.__.._..____......__._..._..._...._........._._...._.._._.._._.__._.._._...._ .... .........._.- .__...._..._.__... _<- ..__..._.......__........_............._...._..__.._.___.........._...__.-_---..___._..__..._ ___......__._......,_.......__. _. r 1 , approval.. of ..he _er.tative Tact Mu.. r`.ga�_7_cd in ti. UbS °r T ..c n. c; . ].'., or Fehr a :ry , !00'.J, wS 1c�" ever ocC'l1rs _ . . . . .. f, r'st, with said increase ;o be consist en wi -h hi= pro-visions . of t s grr_erient... as it applies to � uch o= t.ese Trees. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developers with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developers hereunder or render this Agreement invalid or void. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. West Pointe Dev Agr 2001 43 —28— 0,()01gIL 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement; or (c) materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.2. Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of the Agreement and the same is not cure within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, and the manner in which the West Pointe Dev Agr 2001 43 -29- 000132 breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and /or specific performance. The remedies for breach of the Agreement by Developer shall be injunctive relief and /or specific performance. In addition, - ii£� -: _?-E3-�-Fr3 -� �� r?.ca_�, d- Y- 't1..� i:r; X.........5 -:1i ?� l� E_:� 3 E3 f1....._ ___..� ........:.,._....... 1 the breach is of sun'sect ions 06.10, o' . 11 , 6.13, 6.11-1, 6.16, 6.17, or subsection 6.21 ei-d bl of this Agreement, City shall have the right to withhold the issuance of building permits to Developer throughout the Project from the date that the notice of violation was given pursuant to subsection 11.2 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. 12. Mortgage Protection. At the same time that City gives notice to Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt West Pointe Dev Agr 2001 43 -30- 000133 r requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of West Pointe Dev Agr 2001 43 _ 3 1 _ 000134 any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1 Exemption. for AmenC:.ments of _Project Approva _s N1 amendment to a Project Appxova. shall r.equ.i.r.e an - - -- -- _ - - - -- - -- ...... -- ...................__.. ._........._.._......._..._..._ ._.._ ....._..._.....__. ._._........_..............._.. - ...._.__._._...__....- -... -- ........_.. amendment to t- Agreement. anal any such_ arnendrr ent .............._........................_........................_...._............................................ ..._._......................... _.........._..........._.......__.............................................._......................................._....................................... __...........................__ ... shall he to be incorporated_ into 'phis Agreement a.t the time that the amendment becomes effective, orovided t-h.at the amendment is consistent with tl�Ii.s _............_ ..............._.._..._.__...._......__........................._....._...._...__._....._.._..._........_....__......_..........._....._............._...._.... _._....------------ _.._._._.... _.._.._.......__.._.__.... . - Agree,T ent . .. ...................................... . ............................... 16. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, that Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or West Pointe Dev Agr 2001 43 -32- obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "C" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint West Pointe Dev Agr 2001 43 -33- 000136 ventures or any other association of any kind or nature between City and Developers, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Ordinance 59 of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the Implementation Plan be found to be in conflict with any provision of this Agreement, the provisions of the Implementation Plan shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall West Pointe Dev Agr 2001 ns - 3 4 - 000137 be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, West Pointe Homes, Inc., and City of Moorpark have executed this Development Agreement on the date first above written. WEST POINTE HOMES, INC. James Rasmussen President West Pointe Dev Agr 2001 #3 -35- CITY OF MOORPARK Patrick Hunter Mayor ODOJL38 EXHIBIT "B" RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 COVENANT RUNNING WITH THE LAND THIS COVENANT is made this day of , by and between West Pointe Homes, Inc., a Nevada Corporation ( "Developer ") and the City of Moorpark, a municipal corporation ( "City "). WHEREAS, Developer is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as Lot of Tract No. ( "the Developer's Property "); and WHEREAS, City is the owner of certain real property in the City of Moorpark, County of Ventura, legally described as ( "the City's Property "); and WHEREAS, Developer and City are parties to that certain Development Agreement recorded in the office of the County Recorder of the County of Ventura as Instrument No. ( "the Development Agreement "); and WHEREAS, pursuant to the Development Agreement, Developer agreed to restrict the use of the Developer Property to certain uses and to transfer all other development rights to the City Property and to record a document to that effect as a condition of approval of the final map for Tract No. West Pointe Dev Agr 2001 #3 -36- 0 0 0 131 C-17 NOW, THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as covenanter and covenantee, and expressly for the benefit of, and to bind, their successors in interest, the parties agree as follow: 1. The Developer Property shall be used for the following purposes only: public school facilities, kindergarten through 12th grade 2. All uses not specified in Paragraph 1 hereof are hereby deemed transferred from the Developer Property to the City Property for the benefit of the City Property. 3. From time to time, and at any time, City may substitute any other property owned by City on the date of the substitution for the City Property ( "the Substitute Property ") without the consent of Developer by the recordation of an amendment to this Covenant in the office of the County Recorder of the County of Ventura. The amendment shall describe the Substitute Property and shall provide that, commencing on the date of recordation of the amendment, all uses not specified in Paragraph 2 hereof shall be deemed transferred from the City Property to the Substitute Property for the benefit of the Substitute Property. 4. All of the covenants, restrictions, and limitations set forth herein shall run with the Developer Property and the City Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Developer Property or the City Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Developer Property or the City Property, by accepting a deed or a contract of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound and benefitted by, all of the covenants, restrictions and limitations set forth herein. 5. This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate an covenant, restriction or limitation hereof. The prevailing party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in such a proceeding. 6. In the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant, which shall remain in full force and effect. West Pointe Dev Agr 2001 #3 _ 3 7 _ Yr0 0 14 O IN WITNESS WHEREOF, West Pointe Homes, Inc., and City of Moorpark have executed this Covenant on the date first above written. WEST POINTE HOMES, INC. CITY OF MOORPARK James Rasmussen President Patrick Hunter Mayor West Pointe Dev Agr 2001 #3 —38— 0001431 EXHIBIT "C" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: West Pointe Homes, Inc. 960 Westlake Blvd., Suite 204 Westlake Village, CA 91361 Attn: James Rasmussen, President 00 ©142 Oil, ATTACHMENT 2 6.11. Developer shall provide five (5), four (4) bedroom and two bath single family detached units with a minimum of 1,200 square feet and a maximum of 1,500 square feet to be sold to buyers who meet the criteria for low income (80 percent or less of median income) , and five (5), four (4) bedroom and two bath single family detached units with a minimum of 1,200 square feet and a maximum of 1,500 square feet to be sold to buyers who meet the criteria for very low income (50 percent or less of median income) and ten (10) four (4) bedroom and two (2) bath single family detached units with a minimum of 1,200 square feet and maximum of 1,500 square feet to be sold to buyers who meet the criteria for moderate income (110 percent or less of median income). Prior to approval of the first final map for Tentative Tract Map No. 5187, Developer shall acquire at it's sole cost and expense, an approximate two -acre parcel (Affordable Housing Parcel) within the Moorpark Redevelopment Agency project area on which to construct the 20 referenced units. All units shall include a standard size two -car garage with roll -up garage door and a minimum driveway length of eighteen (18) feet measured from the back sidewalk, meet minimum setback requirements of the City RPD zone, include concrete roof tiles, and other amenities typically found in moderate priced housing in the City (e.g., air conditioning /central heating, washer /dryer hookups, garbage disposal, built -in dishwasher). Developer must have received city approval of land use designation, zoning, tentative tract map, residential planned development permit and any other required permits and approvals to allow construction of the referenced twenty (20) dwelling units on the Affordable Housing Parcel prior to approval of the first final map for Tract Map No. 5187. Developer shall be responsible for the following at its sole cost and expense: (a) Processing of City required entitlements including but not limited to Tentative 000IL43 Tract and Final Map and Residential Planned Development Permit (RPD). (b) Processing of General Plan Amendment, Zone Change, and environmental document (up to MND but no EIR) . (c) Payment of all required City fees for processing of applications for (a) and (b) , above, consistent with City's Fee Schedule in effect at the time an application is filed with the City. (d) Pay all City capital improvement and mitigation fees including but not limited to those fees required in subsections 6.3, 6.4, 6.5, 6.7, 6.12 and 6.17 of this Agreement. (e) Grade the site per approved map, install all utilities, and construct all public and private improvements consistent with City standards typical for such subdivision. The first ten units (5 moderate, 2 low, 3 very low) shall be constructed and occupied prior to the 100th occupancy in Tract 5187, and the next 10 units (5 moderate, 3 low, 2 very low) shall be constructed and occupied prior to the occupancy of the 150th unit in Tract 5187. If for any reason less than twenty (20) dwelling units are approved for the Affordable Housing Parcel by the City, Developer shall pay Seventy Thousand Dollars ($70,000.00) to City for each unit less than the required twenty (20) units. The total amount shall be due and payable prior to occupancy of the 50th unit in Tract 5187. This amount shall be adjusted on March 1, 2005 by any increase in the Consumer Price Index (CPI) and annually thereafter on each March 1. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los 000144 Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the amount due shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event less than twenty (20) units are approved on the Affordable Housing Parcel, the first such unit deducted from the required number of units shall be a moderate income unit, the second such unit a low income unit, the third unit a very low income unit and so forth in the same order. The initial purchase price for the low- income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. For a family of 4, the monthly "affordable housing cost" would be 30% times 70% of $71,800, the current median income for a family of 4 in Ventura County, divided by 12. This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulations shown below. (See Section 50052.5(c) of the Health and Safety Code.) The selling price for a household of 4 or fewer, would be $137,500 under current market conditions, based upon the following assumptions: Low Income Buyer Med. Household of Four Item Detail Amount Purchase Price $137,500 Down Payment 5% of purchase price $6,875 Loan Amount 95% of purchase price $130,625 Interest Rate 7.5% 000145 Property Tax 1.25% $143 /mo. HOA $50 /mo. Fire Insurance 5% of purchase price $40 /mo. Maintenance 95% of purchase price $30 /mo. Utilities 7.5% $100 /mo. The purchase price for a low- income household of five or more would be based on the affordable housing cost for the actual household size. Under current market conditions, that price would be $150,000 for a household of five, $164,000 for a household of six, and $177,500 for a household of seven. The initial purchase price for the very low - income buyers shall not exceed $90,000, based on the following assumptions: Very Low Income Buyer Household of Four Item Detail Amount Purchase Price $90,000 Down Payment 5% of purchase price $4,500 Loan Amount 95% of purchase price $85,500 Interest Rate 7.5% Property Tax 1.25% $94 /mo. HOA $50 /mo. Fire Insurance $40 /mo. Maintenance $30 /mo. Utilities $100 /mo. That purchase price for a very low- income household of five or more would be based on the affordable housing cost for the actual household size. Under current market conditions, that price would be $99,500 for a household of five, $109,000 for a household of six, and $118,500 for a household of seven. The assumptions associated with the above purchase price figures include a minimum of 5% down payment, based on buyer's purchase price, mortgage interest rate of 7.5 %, no mortgage insurance, property tax rate of 1.25 %, OOOJAG homeowners, association dues of $50 per month, fire insurance of $40 per month, maintenance costs of $40 per month, and utilities of $100 per month. The initial purchase price for a moderate income household of four shall not exceed Two Hundred Forty Thousand Dollars ($240,000.00). The actual purchase price for all three categories of buyers shall be adjusted based on then current interest rates, then applicable income calculations and other pertinent factors as contained in the Affordable Housing Implementation and Resale Restriction Plan. If "affordable housing cost ", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified as part of the Affordable Housing Implementation and Resale Restriction Plan. The difference between the purchase price and market value shall be retained by the City as a second deed of trust and will be further defined in the Affordable Housing Implementation and Resale Restriction Plan. City shall control the resale of any of the units. Developer shall pay closing costs for each unit, not to exceed $5,000. Beginning March 1, 2005, and on March 1St for each of fifteen subsequent years, the maximum $5,000 to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles /Orange /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the amount due shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In addition, in lieu of constructing ten (10) low income and five (5) very low income 000147 affordable housing units, for each of the two hundred fifty dwelling units in the project, developer shall pay to City an In Lieu Fee which shall be used by the City at its sole discretion for the purpose of providing housing affordable to very low, low or moderate income households. The In Lieu Fee in the amount of Three Thousand Four Hundred Dollars ($3,400.00) shall be paid prior to issuance of the building permit for each dwelling unit in the Project. Commencing on March 1, 2005 and annually thereafter, the In Lieu Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all In Lieu Fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the In Lieu Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. The initial purchase price, market value, buyer eligibility, resale restrictions, equity share and second trust deed provisions, respective role of City and Developer, and any other items determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first final Tract Map for this Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement up to a maximum of 000148 Seven Thousand, Five Hundred Dollars ($7, 500.00) . In the event Developer does not receive City approval for at least 16 dwelling units on an Affordable Housing Parcel prior to March 1, 2005, City at it's sole discretion can require payment in the amount of Two Million Six Hundred Twenty Five Thousand Dollars $2,625,000.00 payable prior to approval of the first final map for Tract Map No. 5187. Effective March 1, 2006, this amount shall increase by one -half of one percent (.5 %) each month until paid. At City's sole discretion, two of the lots intended for low and very low income buyers on the Affordable Housing Parcel may be retained by the City for purposes of constructing the dwelling units in conjunction with a non - profit group. M: \cityshare \citymgr \agreements \West Pointe Sec 6.11 -0118 2002 000249 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND WEST POINTE HOMES, INC. WHEREAS, at a duly noticed public hearing on October 3, 2001, continued public hearings on October 17, November 7, December 5, and December 19, 2001, and January 16 and January 23, 2002, the City Council considered the application filed by West Pointe Homes for the following projects on land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road (APN'S 500 - 260 -025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and -165): General Plan Amendment No. 99 -01 for a change in the Land Use Designation of the Land Use Element of the General Plan from Rural Low Density (RL) to Medium Low (ML) and Open Space -1 (OS -1) and Open Space -2 (OS -2). Zone Change No. 99 -1 for a change in the Zoning Designation on the property from RE -5 acre minimum lot size to Residential Planned Development (RPD) 1.80 dwelling units per acre and Open Space (OS) . Vesting Tentative Tract Map. No. 5187 and Residential Planned Development Permit No. 99 -02 on the application of West Pointe Homes for the subdivision of approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one - half mile north of Casey Road into 250 single- family residential lots and thirteen (13) other lots, and construction of 250 single- family residential units; and WHEREAS, the Planning Commission of the City of Moorpark on March 12, 2001, did adopt Resolution Nos. PC 2001 -403, 2001 -404, and 2001 -405 recommending to the City Council approval of General Plan Amendment No. 99 -01, Zone Change 99 -01, Vesting Tentative Tract Map No. 5187, Residential Planned Development 99 -02 and certification of the project Environmental Impact Report; and WHEREAS, the Planning Commission of the City of Moorpark on November 26, 2001, did adopt Resolution No. PC 2001 -419 recommending to the City Council approval of Development Agreement No. 2001 -01; and WHEREAS, the City Council on January 23, 2002, certified the Final Environmental Impact Report for the project as having been completed in accordance with the California Environmental Quality 000150 Ordinance No. Development Agreement No. 2001 -01 Page 2 Act (CEQA) , the CEQA Guidelines, and the City's CEQA procedures; and WHEREAS, the City Council on January 23, 2002, did adopt Resolution No. 2002- adopting a Mitigation Monitoring and Reporting Program; and WHEREAS, at a duly noticed hearing on December 19, 2001, and continued public hearings on January 16 and 23, 2002, the City Council considered Development Agreement No. 2001 -01; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony, has made a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find as follows: a. The Development Agreement is consistent with the General Plan as amended by General Plan Amendment No. 99 -01. b. The Development Agreement and assurances that said agreement places upon the project are consistent with the intent and provisions of the Final Environmental Impact Report certified on January 23, 2002. C. The Development Agreement is necessary to insure the public health, safety and welfare SECTION 2. The City Council hereby adopts Development Agreement No. 2001 -01 (attached hereto as Exhibit A) between the City of Moorpark, a municipal corporation and West Pointe Homes, Inc., a California Corporation, and the City Clerk is hereby directed to cause one copy of the signed adopted agreement to be recorded with the records of the County of Ventura within ten (10) days of adoption of said agreement. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. S: \Community Development \Everyone \Ordinances \cc 020123 west Pointe Dev Agr Ord.doc 000151 Ordinance No. Development Agreement No. 2001 -01 Page 3 SECTION 4. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute order of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 23rd day of January, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk EXHIBIT A: Development Agreement No. 2001 -01 S: \Community Development \Everyone \Ordinances \cc 020123 west Pointe Dev Agr Ord.doc 00015L MOORPARK CITY COUNCIL AGENDA REPORT ITEM 1. r.0. CIf of TO: Honorable City Council FROM: Deborah S. Traffenstedt, Acting Director of Community Development _3)eT Prepared by: Laura Stringer, Senior Management Analysstt, DATE: Januar y 18 2002 (CC Meetin g of 1/23/02) u SUBJECT: Consider Commercial Planned Development Permit No. 2000 -02 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 on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue /Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty (Assessors Parcel No. 506 -0 -05 -050) DISCUSSION This item was considered by City Council at a public hearing on January 16, 2002. At that time, the Council continued the item, public hearing open, to the Adjourned Meeting of January 23, 2002. City Council also directed staff to return on January 23, 2002, with a resolution for denial without prejudice (Attachment 1) . Subsequent to the meeting of January 16, 2002, staff received a request from the applicant for withdrawal of the application for Commercial Planned Development (CPD) Permit No. 2000 -02 (Attachment 2). STAFF RECOMMENDATION 1. Accept public testimony and close the public hearing. 000153 S: \Community Development\Everyone \City Council Agenda Reports \cc- 020123SR CPD 2000 -02 Jack in the Box.doc Honorable City Council January 23, 2002 Meeting Page 2 2. Adopt Resolution No. 2002 - without prejudice, or accept withdrawal. Attachments: denying CPD No. 2000 -02 the applicant's request for 1. Resolution for denial without prejudice. 2. Letter from applicant dated January 18, 2002 000154 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING WITHOUT PREJUDICE COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -02 ON THE APPLICATION OF JACK -IN- THE -BOX RESTAURANTS AND ACRES REALTY LOCATED ONE PROPERTY WEST OF THE SOUTHWEST CORNER OF LOS ANGELES AVENUE /ZETA YANCY ROAD, NORTH OF THE ARROYO SIMI (ASSESSOR PARCEL NO. 506 -0 -05 -050) WHEREAS, at a duly noticed public hearing on January 16, 2002 and at a continued public hearing on January 23, 2002, the City Council considered the application filed by Jack -in- the -Box Restaurants and Acres Realty for Commercial Planned Development Permit No. 2000 -02 for construction of 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 property west of the southwest corner of Los Angeles Avenue /Leta Yancy Road (Assessor Parcel No. 506 -0 -05 -050); and WHEREAS, at its meeting on January 16, 2002, the City Council opened the public hearing and accepted public testimony from all those wishing to testify and continued the item, public hearing open, to an adjourned meeting of January 23, 2002; and Whereas, on January 23, 2002, the City Council closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony received has reached its decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Uniform, consistent and reliable traffic circulation, including safe movement of vehicles is a paramount concern to the City Council. SECTION 2. Based on information contained in the application, staff reports and public testimony presented to the City Council, the City Council finds that the "Project" will create adverse impacts regarding: circulation associated with the Project; inconsistency of the project with General Plan Policies; insufficient landscaping to minimize adverse impacts on adjacent residential land uses; and incompatibility with the character of the surrounding existing and proposed land uses. ATTACHMENT o r% 000155 Resolution No. 2002 - CPD 2000 -02 (Jack -in- the -Box Restaurants and Acres Realty) Page 2 SECTION 3. City Council further finds that the Project would be detrimental to the public interest and safety. SECTION 4. The City Council hereby denies Commercial Planned Development Permit No. 2000 -02 without prejudice. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 23rd day of January, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Everyone \Re solutions and Conditions \cc 020123 CPD 2000 -02- denial reso.doc 000156 JRN -18 -2002 14:59 • Jack in the Box Inc. January 18, 2002 JACK IN THE BOX 626 858 0328 P.01i01 Post -it* Fax Note 7671 I Date /�IJ/,,-42 Iaas P1 / I To ram Co DeptP/2jN� • /�lA,c%/ °o 4r.�' /�/ '.Z: BdX Phones Phone Fax # BOA' 529 p 27o Fax # Ms. Deborah Treffenstedt, Acting Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: CPD Case No. 2000 -02 Jack in the Box Restaurant and Commercial/Retail Development Dear Ms Treffenstedt, Via FAX and U.S. Mail I hereby request that you withdraw our application for the above referenced project. Kindly insure that all activity with regards to the upcoming City Council hearing and related case processing is likewise terminated. Allow me to thank you and your staff for assisting us with this project and we are looking forward to the development of future facilities as opportunities are presented to us. Respectfully submitted, Mike Palmer, RA Construction Manager C: Ms. Nancy Hilliard, Director of Real Estate, Jack in the Box, Los Angeles Region Mr. Walt Mitchell, Director of Construction, Jack in the Box, Los Angeles Region Internal Distribution file ATTACHMENT 000157 TOTAL P.01