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HomeMy WebLinkAboutAG RPTS 2010 0615 PC SPC p Cq reabelema otty q ' o P Resolution No. PC-2010-555 PLANNING COMMISSION SPECIAL MEETING AGENDA TUESDAY—JUNE 15, 2010 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.mooroark.ca.us. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing,or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 5174233. Special Planning Commission Meeting Agenda June 15, 2010 Page 2 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 25, 2009 to a date uncertain) ii. Rescinding Toll Mazur DA, GPA, ZC iii. Housing Element Update iv. ZOA 2007-01 Wireless Facilities— SB 1627 v. CUP 2010-03 Wireless Facility vi. Massage Establishment Regulations 8. PUBLIC HEARINGS: (next Resolution No. PC-2010-555) A. Consider Residential Planned Development No. 2009-02, a Request to Construct 133 Detached Single-Family Homes and a Private Recreational Facility; Tentative Tract Map No. 5860, a Request to Subdivide the 21.8 Acre Property Into 133 Residential Lots with Private Streets; Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands, to Chanqe Planning Area No. 7 From a School Site to a Residential Planned Development Site; Zoning Ordinance Amendment No. 2009- 01, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code to Create Zoning Development Standards for Planning Area No. 7; and Development Agreement No. 2009-01, Located at the Southeast Corner of Elk Run Loop and Ridaecrest Drive. on the Application of Pardee Homes. (APN 513-0-070-155) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2010- recommending to the City Council approval of Residential Planned Development No. 2009-02, Tentative Tract Map No. 5860, Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands, Zoning Ordinance Amendment No. 2009-01 and Development Agreement No. 2009-01 subject to the special and standard Conditions of Approval for Residential Planned Development No. 2009-02 and Tentative Tract Map No. 5860. 9. DISCUSSION ITEMS: A. NONE 10. CONSENT CALENDAR: A. NONE S:Community Development PLANNING COMMISSIONWGENDA\2010\10 0615 Special Meeting Agenda.doc Special Planning Commission Meeting Agenda June 15, 2010 Page 3 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 5174233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II). 5:\Communiy Development PLANNING COMMISSIONAGENDA12010\100615 Special Meeting Agenda.doc STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Special Meeting of the Moorpark Planning Commission to be held on Tuesday, June 15, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 10, 2010, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 10, 2010. i J ce R. Figueroa, Administrative Assistant S:\Community Development PLANNING COMMISSIONAGENDA\2010\10 0615 Affidavit of Posting Special.dac ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Direct Prepared by Joseph R. Vacca, Principal Plann DATE: May 25, 2010 (Special PC Meeting of 06/15/2010) SUBJECT: Consider Residential Planned Development No. 2009-02, a Request to Construct 133 Detached Single-Family Homes and a Private Recreational Facility; Tentative Tract Map No. 5860, a Request to Subdivide the 21.8 Acre Property Into 133 Residential Lots with Private Streets; Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands, to Change Planning Area No. 7 From a School Site to a Residential Planned Development Site;Zoning Ordinance Amendment No.2009-01, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code to Create Zoning Development Standards for Planning Area No. 7; and Development Agreement No. 2009-01, Located at the Southeast Corner of Elk Run Loop and Ridgecrest Drive, on the Application of Pardee Homes. (APN 513-0-070-155) BACKGROUND On September 15, 1999, a General Plan Amendment, Specific Plan, Zone Change, and Development Agreement were approved by the City Council for Specific Plan Area No. 2, Moorpark Highlands and the Final Environmental Impact Report for the project was certified by City Council. Vesting Tentative Tract Map No. 5045,which included the entire Specific Plan area, was approved on August 2, 2000. A total of 552 home sites and condominiums were ultimately recorded in Planning Area Nos. 1-5 and 8-9. Planning Area No. 6 was approved for a park, and Planning Area No. 7, an approximately 22-acre parcel, was approved to be developed with a school. In April 2004, Moorpark Unified School District(MUSD)and Pardee Homes entered into a School Facilities Agreement which set forth the general terms for acquisition of the school site. On September 21, 2005, Community Facilities District (CFD) 2004-01 was established by the City to fund certain fees and public facilities including the purchase of the school site. In August 2007, MUSD and Pardee Homes entered into a Purchase and Sale Agreement for the school site. In October 2008, MUSD indicated in a letter to the City 1 Honorable Planning Commission June 15, 2010 Page 2 its desire to terminate the Purchase and Sale Agreement. On April 1, 2009, the City Council approved a Memorandum of Understanding with Pardee Homes allowing them to submit an application for residential development of this property. On September 18, 2009, Pardee Homes submitted an application to Amend Specific Plan No. 2 to change the land use of Planning Area No. 7 from a school site to a residential development site including the subdivision of the property and construction of 133 single family detached houses. DISCUSSION Project Setting Existing Site Conditions: The proposed project is located on 21.8 acres at the southeast corner of Elk Run Loop and Ridgecrest Drive. The street frontage along Elk Run Loop is 720 linear feet and the frontage of Ridgecrest Drive is approximately 1,440 linear feet. The site is relatively flat and somewhat rectangular in overall shape with manufactured slopes on the northern and eastern perimeters of the property. The property has been rough graded and is currently a vacant dirt lot void of any shrubs or trees, with minimal grasses and weeds present over portions of the property. The site has been used by Pardee Homes for storage of surplus construction soils that have been removed for foundation work on new homes. The site is west of the existing Shenandoah residential neighborhood of Planning Area 4, and south of Planning Areas 8 and 9, which are owned by Toll Brothers, who are currently marketing their model homes for sale of new units. To the west of the project site is a 200- foot wide right of way reservation, for the State Route 23 (SR-23) alternate route, which was dedicated to the City for roadway purposes on final map Tract 5045, consistent with the development of the Moorpark Highlands master planned community. Finally, to the south of the project site is the 7-acre Mammoth Highlands public park which was also constructed as part of the Moorpark Highlands master planned development project. Previous Applications: In 1995, Morrison-Fountainwood-Agoura submitted applications for the development of Specific Plan Area No. 2. These applications included the request for approval of the Specific Plan, as well as, a General Plan Amendment, Zone Change, and a Development Agreement. The Specific Plan and accompanying applications were approved on September 15, 1999. The Specific Plan identified the project areas and established overall development patterns for 570 residential units in neighborhoods of varying densities, a public school site, a public park site, numerous areas of public and private open space, and an area set aside as a habitat preserve for the coastal sage scrub community. Vesting Tentative Tract Map No. 5045,which included the entire Specific Plan area,was approved on August 2, 2000. In April of 2001, Pardee Homes purchased the property from Morrison- Fou nta inwood-Ag ou ra. S\Communi,y Devekn,nnllOEV PMTSW P['Pardee Moorpark HghIands1PA7 School SReAgenda Reports PPO Agenda Reparl_100615 doc 2 Honorable Planning Commission June 15, 2010 Page 3 In December of 2003,the Community Development Director approved a Permit Adjustment for the Tentative Tract 5045, making minor adjustments to the street pattern and slightly reducing the number of residential units within the Specific Plan area to 552. In January of 2004, the City Council approved a Modification to Tentative Tract 5045, allowing the installation of gates to the entries to the individual neighborhoods within the Tract, and allowing the private maintenance of neighborhood streets within the Tract. On July 7, 2004, the City Council approved Residential Planned Development Permits for Planning Areas 1-4. On April 6, 2005, the City Council approved Residential Planned Development Permit No. 2004-01 application for Planning Area 5 for 102 multi-family homes. Also on April 6, 2005,the City Council approved Residential Planned Development Permit Nos. 2004-02 and 2004-03 applications for Planning Areas 8 and 9 for 132 single- family homes, and a zoning code amendment to the Development Standards for Specific Plan No. 2. On October 5, 2005, the City Council approved Final Tract Map Nos. 5045-1, 5045-2, and 5045-3. On March 1, 2006, the City Council approved Final Tract Map Nos. 5045-4 and 5045-5. Final Tract Map Nos. 5045-6 and 5045-7 (school site)were approved by City Council on August 2, 2006. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site Specific Plan 2 Specific Plan 2 Vacant Planning Area 8 with 37 units approved on North Specific Plan 2 Specific Plan 2 28.0 acres and Planning Area 9 with 95 units approved on 39.7 acres South Specific Plan 2 Specific Plan 2 7.0 acre Public Park East Specific Plan 2 Specific Plan 2 200' Right of Way for State Route 23 Bypass Planning Area 4 with West Specific Plan 2 Specific Plan 2 78 units constructed on 24.4 acres General Plan and Zoning Consistency: The Specific Plan, as adopted, is consistent with the adopted General Plan of the City of Moorpark. Specific Plan Amendment No. 1 proposes to change the Specific Plan Zoning Designation for Planning Area 7 from Institutional to Residential Planned Development- Single Family. The current project as designed provides for 552 residential units within the Specific Plan area.The proposed amendment changes the physical and use for Planning Area 7 from a 22-acre school site to a 22-acre residential planned development area. This increases the unit count within the Specific Plan area to a total of 685 residential units,and 5\Community Developme..IDEV PMTS\R P D\Pardee Moorpark Highlands PA 7 Shod SIIetganda RepodsPC Agenda Report 1 W615.doc 2 Honorable Planning Commission June 15, 2010 Page 4 the average residential density within the Specific Plan Area to 1.53 du/ac. Specific Plan Amendment No. 1 is consistent with Land Use Element Goals 1, 3, 5, 12, 14, 15 and 16 of the General Plan. The proposed project adds 133 additional units to Planning Area No. 7, which results in a proposed residential density of 6.1 du/ac, consistent with densities of existing neighborhoods of Planning Areas 1-4. With this application,the total dwelling units for the entire Specific Plan area will be 685, which is less than the 712 dwelling units permitted by the General Plan. The Specific Plan also adopted development standards, incorporated as a chapter of the Zoning Ordinance, which identified specific requirements for the development of the various Planning Areas within the Specific Plan. The Zoning Ordinance Amendment proposes to add zoning development standards to chapter 17.74 of the Municipal Code. The proposed changes are discussed further in the analysis section of the report. Project Summary Tentative Tract No. 5860: Parcel No. Size (in acres) Size (in sq. ft.) Subtotal (in acres) Lots 1 through 133 - Residential 0.08 min 3,500 minimum Residential 12.6 Lot 134 - Recreation 0.50 21,599 Recreation 0.5 Lot A - Private Street 0.48 21,260 Lot B - Private Street 0.28 12,502 Lot C - Private Street 0.74 32,187 Lot D - Private Street 0.69 30,046 Lot E - Private Street 0.56 24,651 Lot F - Private Street 0.92 40,288 Lot G - Private Street 0.53 23,118 Lot H - Private Street 0.76 33,161 Lot I - Private Street 0.26 11,354 Lot J - Private Street 0.69 30,148 Private Streets 5.9 Lot K—Open Space 0.36 15,530 Lot L— Open Space 2.19 95,664 Lot M — Open Space 0.02 941 Lot N —Open Space 0.07 3,241 Lot O— Open Space 4,570 Open Space 2.8 (Secondary access) 0.10 Total Acres 21.8 %Community oevelcpmenMEV PAnsW P 01Pardee Moorpark Hig1lmgsPA]School S,leAgenda Rry dsPC Agenda Report-100615 5 doc e Honorable Planning Commission June 15, 2010 Page 5 Residential Planned Development Permit No. 2009 - 02: House Plan Single Family Detached Parcel No. Type House Size (sq. ft.) Lot Size (sq. ft.) 1 3D 2,306 4,540 2 2A 2,247 4,041 3 4B 2,365 7,204 4 3D-R 2,306 6,755 5 4C 2,365 4,549 6 4A 2,365 3,612 7 2D 2,247 3,605 8 3B 2,306 3,758 9 4A 2,365 3,796 10 2C 2,247 3,831 11 3D 2,306 3,987 12 4B 2,365 4,236 13 2A 2,247 4,213 14 *1xC 1,425 4,119 15 4B 2,365 4,024 16 2D 2,247 4,230 17 3B-R 2,306 4,256 18 3D 2,306 5,170 19 2C-R 2,247 3,553 20 4A-R 2,365 3,553 21 2D-R 2,247 3,572 22 4B-R 2,365 3,525 23 2A-R 2,247 3,525 24 3B-R 2,306 3,525 25 2C-R 2,247 3,525 26 4A-R 2,365 3,525 27 2D-R 2,247 3,841 28 4C-R 2,365 5,157 29 3A-R 2,306 3,964 30 4B 2,365 3,525 31 2C 2,247 3,525 32 4A 2,365 3,525 33 2C 2,247 3,525 34 3D 2,306 3,525 35 4C 2,365 3,525 36 2A 2,247 3,525 37 4B 2,365 3,525 38 2D 2,247 3,525 39 4A 2,365 3,525 s\Community Development\DEV PMTMR P D nrdee Moorpark Highlands PPA 15Uool sne'genda Reports\PC Agenda Reput_1a'J61 sdoc 5 Honorable Planning Commission June 15, 2010 Page 6 House Plan Single Family Detached Parcel No. Lot Size (sq. ft.) Type House Size (sq. ft.) 40 2C 2,247 3,525 41 3B 2,306 3,525 42 2D 2,247 3,525 43 4C 2,365 3,525 44 3D-R 2,306 6,015 45 4A-R 2,365 4,537 46 2D 2,247 4,460 47 4C 2,365 4,065 48 3A 2,306 4,008 49 4B 2,365 3,913 50 2C 2,247 3,817 51 3B 2,306 3,670 52 4A 2,365 3,624 53 2D 2,247 3,576 54 3B 2,306 3,555 55 4C 2,365 3,599 56 2A 2,247 4,069 57 4B-R 2,365 6,663 58 3D 2,306 3,875 59 2C 2,247 3,890 60 4B-R 2,365 3,877 61 3A 2,306 4,185 62 2D 2,247 6,096 63 4A-R 2,365 7,935 64 3B 2,306 5,546 65 2A 2,247 4,406 66 *1xD-R 1,425 4,412 67 4C-R 2,365 4,674 68 4B 2,365 4,325 69 *1xC-R 1,425 3,760 70 3D-R 2,306 3,760 71 2A-R 2,247 3,760 72 4B-R 2,365 3,760 73 3A-R 2,306 3,760 74 2C-R 2,247 3,760 75 3B-R 2,306 3,760 76 2D-R 2,247 4,000 77 4C-R 2,365 5,011 S\Community DevebgrenlDEV PMTSIR P°\Pardee Mrcryvk HigMandsPA 7 School SiteAgsnda Repa'1s1PC Agenda Report-100615 bx 6 Honorable Planning Commission June 15, 2010 Page 7 Parcel No. House Plan Single Family Detached Lot Size (sq. ft.) Type House Size (sq. ft.) 78 3D 2,306 4,769 79 2A 2,247 3,750 80 `1xD 1,425 3,750 81 2D 2,247 3,750 82 3A 2,306 3,750 83 2C 2,247 3,750 84 4A 2,365 3,525 85 2D 2,247 3,525 86 3A 2,306 3,525 87 4C-R 2,365 4,432 88 3D-R 2,306 4,257 89 4A 2,365 3,525 90 2C-R 2,247 3,525 91 4B 2,365 4,724 92 3A-R 2,306 4,435 93 2D-R 2,247 3,595 94 4C-R 2,365 4,155 95 `1XA-R 1,425 4,319 96 2D-R 2,247 4,655 97 4A-R 2,365 6,075 98 2D-R 2,247 4,644 99 *1 xC 1,425 3,700 100 2A 2,247 3,763 101 3B 2,306 3,763 102 4C 2,365 3,763 103 2D 2,247 3,763 104 4B 2,365 3,763 105 2A 2,247 3,785 106 4C 2,365 4,123 107 3B 2,306 3,948 108 4A 2,365 3,526 109 2C 2,247 3,563 110 `1XA 1,425 3,525 111 4C 2,365 3,525 112 2A 2,247 3,525 113 4B 2,365 5,001 114 4C-R 2,365 4,638 115 3B-R 2,306 3,525 116 2D-R 2,247 3,525 S:Cwnmumry DewlagnenI,DEV PMTS P 01Pardee Moorpark Hlq,lands PA 7 School SIIemganda ReportspC Agenda Reporl_100615 dcc 7 Honorable Planning Commission June 15, 2010 Page 8 Parcel No. House Plan Single Family Detached Lot Size (sq. ft.) Type House Size (sq. ft.) 117 3A-R 2,306 3,525 118 4C-R 2,365 3,525 119 2A-R 2,247 3,525 120 4B-R 2,365 3,520 121 2C-R 2,247 5,161 122 4A 2,365 6,435 123 2D 2,247 4,980 124 3A 2,306 4,466 125 2C 2,247 3,947 126 4B 2,365 3,684 127 3A 2,306 3,604 128 2C 2,247 4,367 129 4A-R 2,365 5,429 130 2C 2,247 4,385 131 4B 2,365 4,458 132 3D 2,306 4,458 133 4C 2,365 5,709 'indicates affordable housing unit proposed Proposed Project Architecture: Architectural styles offered in Planning Area No. 7 are consistent and compatible with the existing homes, and also incorporate architectural elements shown in the original Specific Plan. There are 4 primary architectural styles with 3 color palettes proposed for each style. The proposed styles are as follows: 1) Early California; 2) Craftsman; 3) French; and 4) Italian The architect has indicated that the Early California Style demonstrates elements from the Spanish Colonial revival period in housing from the 1920's,while Italian elevations display Mediterranean influences which were added to homes as builders looked for more architectural features to draw from in later years. The Craftsman elevations match the Bungalow guidelines from the Specific Plan, as all Craftsman elevations are by definition from the Bungalow style, with additional detailing. The French elevations are harmonious and compatible with the other styles and add richness with clipped gable roofs, soft three- point arches, stone veneer and eyebrow roof overhangs on selected windows. • Plan One represents the affordable units, which will have a unique design, with a total of seven affordable units proposed within Tract 5860. Plan One is approximately 34 feet wide by 34 feet deep The proposal includes construction of two, three bedroom, two story, units totaling 1,108 sq. ft, for a family of less than four and construction of five, two story, four bedroom units of 1,425 sq. ft, for a S 1COmmumy Development\DEV PMTS\R P D\Pardee Moapa,Rghlands PA 7 School S,teVgenda Reports PC Agenda Report 100815 doc 8 Honorable Planning Commission June 15, 2010 Page 9 family of four or greater. The design of Plan One accommodates the additional 317 sq. ft. of living space to be provided over the garage resulting in the total 1,425 sq. ft. on the four bedroom house with the three bedroom homes having smaller second floors. The plan is designed in a manner that would allow construction of the approximate 317 sq. ft. addition to the smaller unit at a later time. The seven affordable units will have the same on-site amenities as the other units within the tract including front yard landscaping and street trees, and the interior amenities will be consistent with Development Agreement Section 6.9 and subject to the Affordable Housing Agreement with the City. The seven affordable units represent 5% of the total 133 units of Tract 5860. • Plan two is approximately 37 feet wide by 44 feet deep, as a 2,247 sq.ft., two story, three bedroom house with an optional fourth bedroom which would require conversion of a loft. There are 46 plan two units proposed, representing 35%of the total 133 units of Tract 5860. • Plan three is also approximately 37 feet wide by 44 feet deep, as a 2,306 sq. ft.,two story,three bedroom house with an optional fourth bedroom or optional retreat room which would require conversion of a loft. There are 32 plan three units proposed, representing 24% of the total 133 units of Tract 5860. • Plan three is also approximately 37 feet wide by 45 feet deep, as a 2,365 sq. ft.,two story, three bedroom house with an optional fourth bedroom which would require conversion of a loft. There are 48 plan four units proposed, representing 36%of the total 133 units of Tract 5860. Elevations and a streetscape illustrative and colors and materials for the proposed homes may be seen in the graphics provided in Attachments 4—Design Guidelines and 5-Colors and Materials. The proposed colors and materials are warm, earth tones, compatible with the colors and materials used on existing homes within the Moorpark Highlands. The applicant plans to construct the homes using green building techniques under a Pardee Home branding known as "Living Smart". Pardee has indicated that the Living Smart construction methods meet or exceed local, state and national standards for green home building. Pardee may offer more than 30 included and optional green features, materials and systems that boost energy efficiency, save water, improve indoor air quality and encourage material conservation and the use of recycled or sustainable resources in new homes. Please refer to the analysis section of the report. Setbacks: The application includes a zoning ordinance amendment to create zoning standards as part of the proposed change in the land use of the site from a School site to a Residential Planned Development Single Family land use. The setback criteria proposed for the development of Planning Area No. 7 is discussed further in the analysis section of the staff report. $1Communily Develgmen110EV PM S1R P werdee Moorpark HigblandsPA 7 School SileVgende Reports■ C Agenda Rem 109- 15 Eoc 9 Honorable Planning Commission June 15, 2010 Page 10 The proposed setbacks are consistent with current code requirements for residential development within the Moorpark Highlands and are sufficient to achieve appropriate land use relationships to adjacent uses. Since the public park is constructed south of the proposed development staff is recommending a special condition requiring disclosures to notify potential residents along the eastern perimeter of the project of the SR-23 alternate route and potential residents of southern perimeter of the project of the existing night lighting at the park. Also, a disclosure will be to and briefly discuss staff concerns/issues, referring to the Analysis section for details. Circulation: Primary access to Tract 5860 is provided off Ridgecrest Drive at the northern frontage of the tract. Interior access is provided over several interior private streets which meet street design requirements of the original Specific Plan. The proposed network of interior streets for Tract 5860 provides for the safe and efficient movement of residents and goods in and out of the proposed residential development areas through one primary entry/exit point on Ridgecrest Drive, and a secondary access road at the southwestern corner of the site. This secondary access is required by the Ventura County Fire District as a permanently accessible emergency access point into the development and as a secondary exit out.The secondary access is proposed via an easement over private lot "0" planned at the southwestern corner of Planning Area No. 7. This access easement is 43 feet wide with a 32 foot wide private street section, with 3 foot wide parkways on both sides and a 5 foot wide pedestrian sidewalk on the northern side of the access. This secondary access is discussed in more detail in the analysis section of the report. The applicant has proposed use of a modified knuckle design for the project. The City of Moorpark has typically used knuckle design standards adopted by County of Ventura. The purpose of the increased curb length in the geometry of the county standard knuckle is to provide increased residential lot frontage. However, the applicant has indicated that since the proposed product is located on 3,500 square foot lots the site planning does not receive the benefit of larger lot frontage from the County standard knuckle. Therefore, a modified knuckle design is proposed at all of the"L-shaped" intersection locations within the proposed residential development. This modified knuckle uses a non-concentric outside curb radius that increases the pavement area of the knuckle. The inside curb radius of the modified knuckle is 25 feet, which is the same that the County standard specifies for intersections, as shown in Ventura county Road Standard Plate B-5. The proposal to use a modified knuckle is discussed in more detail in the analysis section of the report. An additional easement is located along the eastern portion of the site, to become an extension of the Mammoth Highlands park, having a multi-use trail and enhanced landscaping. The area is 25 feet in width, and it is to be granted to the City to provide multi use trail connections, with additional landscaping, in order to provide access from the Moorpark Highlands trail network to the Mammoth Highlands public park. This area will be included in the Landscape Maintenance Assessment District for the project. This trail link S.1Community Develcpr ntDEV PMT51R P D1Perdne Moorpark HigMandsPA 7 School SnotAgandn Re,OISPC Agenda Rnpon_100815.doe 10 Honorable Planning Commission June 15, 2010 Page 11 also ties into the Class II Bike Path along the northern side of the site. Trail connectivity is discussed in more detail in the analysis section of the report. Proposed easements may be seen in full detail on the Tentative Map 5860 for Planning Area 7, which is shown in PC Attachment 3A. Traffic: According to a traffic study prepared to analyze trip generation, the proposed residential development of Planning Area No. 7 will generate approximately 1,273 daily trips. However, based on the results of this traffic analysis, it is anticipated that all study intersections and roadway/freeway segments will operate at or above acceptable levels of service, and no traffic mitigation measures are proposed at this time. Anticipated LOS levels are acceptable (LOS C or better)for all study intersections and roadway segments that serve the project. All interior project roads have been designed in accordance with General Plan roadway standards, as well as roadway standards listed in the Specific Plan. Parking: Primary parking for each residence will be in two-car garages,with a minimum of 20 feet by 20 feet of interior clear space, which meets the City standard for two parking spaces. Additionally, each unit's driveway has been designed to be a minimum of 20 feet deep from the back of the proposed sidewalk. Finally, limited on-street parking is available, with the potential to provide approximately one on-street space for each residential unit. Landscaping: The site has been previously disturbed, with much of the vegetation on-site being non- native. The on-site vegetation located on the lots proposed for construction will be removed to complete the finished grading for the proposed project. The landscaping on the site following construction would be typical of residential subdivisions and will be reviewed for compliance with the current Water Efficient Landscape ordinance. A special condition of approval is recommended requiring the developer to install front yard landscaping for each residential property. The developer has indicated that the front yards for each plan type will have a different character and design providing a custom aesthetic to the street scene. The individual units will be differentiated from one another by design features such as hedges, decorative driveways, and entry walkways. In addition, each plan type comes with a drought tolerant plant palette, water smart irrigation controller, and drip irrigation showcasing water conservation practices. There will also be very limited amounts of turf used throughout the project further demonstrating a commitment to xeriscape design. Finally, the developer anticipates including dry creek beds in the landscaping design for each unit in order to capture on-site drainage thereby reducing erosion and run-off. The landscaping is discussed in more detail in the analysis section of the report. 5:%Communiy DeaelopmenI DEV PMTSIR P DPardeo Moorpark Highlands\PA 7 School Silakgenda Repa to\PC Agenda Report 10.0615 doc 11 Honorable Planning Commission June 15, 2010 Page 12 Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The Public Works Director/City Engineer has conditioned the project to provide for all necessary on-site and off-site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce NOx, in excess of allowable pound threshold, providing a conclusion that there will be an impact on regional air quality. As is required with all development projects, staff incorporates a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off-set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. Therefore,the Developer shall pay to City an air quality mitigation fee, in satisfaction of the Transportation Demand Management Fund (TSM Fee) for each residential unit and institutional use prior to the issuance of a building permit for each residential unit or institutional use. The TSM fee shall be the dollar amount in effect at the time of issuance of the building permit, but not less than One Thousand Seven Hundred and Nine Dollars ($1,709.00) for each residential unit and Twenty-Eight Cents ($0.28) per gross square foot of institutional building space. This requirement is also included in Development Agreement 2009-01, to be satisfied by the Developer. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Architecture As stated, there are four primary architectural styles with a minimum of three colors and material palettes for each style. The architecture is of good quality and is compatible in design with the existing neighborhoods within the Moorpark Highlands master planned community. In order to ensure adequate variety and to minimize redundancy which is often reflected in tract development, staff has included a special condition of approval to require architectural variety. The special condition requires that for house floor plans 2, 3 and 4, there must not be less than 20% nor more than 40% of any one of the floor plans used throughout the plotting. Also a condition is recommend requiring at least three architectural styles, (i.e. Early California, Craftsman, French and Italian) be provided per floor plan with no less than 20% nor more than 40%of any one architectural style used per floor plan, and side by side houses of the same floor plan must use different architectural styles. Also, S 1Communi,y DevelcpmenIDEV PMTSW P O\Pardee Moaryai HighlendMPA 7 School SiletAgenda Repo,l¢NC Agenda Repots 1 W515.doc 12 Honorable Planning Commission June 15, 2010 Page 13 final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style, consistent with proposed design guidelines and no adjacent units, (side by side)will be allowed to use the same colors and materials palette. Since the lots are more compact and front yard setbacks are reduced, a condition is recommended to require, painted and decorative sectional roll up garage doors, including garage window glazing, consistent with the garage door styles approved for Waverly Place, compatible with the architectural style of each home including the affordable residences. This will soften the streetscape and help reduce a garage dominant appearance as viewed from the neighborhood the streets. Finally, a condition is required that the applicant use durable materials for trim on the ground floor levels of the homes, such as wood window trim, or Y," minimum cementous stucco coat over foam. • Setbacks Zoning Ordinance Amendment No. 2009-01, proposes to establish new residential development standards including setback criteria to ensure the new single family detached residential units are compatible in size, massing and scale with existing Moorpark Highlands neighborhoods. The new zoning development standards have been created by staff as Section 17.74.040.1.E of the Municipal Code. The proposed development standards are provided in Attachment 8 to this report. The proposed setbacks are as follows: Front setback Minimum landscaped setback of ten (10) feet and architectural facade projections of up to sixteen (16) inches are allowed for non- livable spaces; with a minimum driveway depth of twenty (20) feet, as measured from front property line across area leading to enclosed parking within a garage; any two (2) adjacent lots may have the same front setback; however the third consecutive lot should vary the front setback by one(1)or more feet, as appropriate to the street and lot configuration, and to provide for variety in the streetscape. Side setback: Minimum for a single-family dwelling unit on an interior lot shall be five (5)feet. Minimum for a single-family dwelling unit adjacent to a street is ten (10) feet. Minimum for a single story enclosed patio, patio cover or detached accessory structure shall be five (5) feet. Rear setback: Minimum for a single-family dwelling unit is fifteen (15) feet, and second story floors, and/or architectural projections, may cantilever a maximum of eighteen (18) inches into the minimum required fifteen (15) foot setback. For single story enclosed patios or open patio covers, or for detached accessory structures the minimum required rear setback is five (5) feet. Mechanical equipment:Must be located in the rear yard with a minimum five foot setback from any side or rear property line and must be screened with a decorative masonry wall or landscaping. The development standards for Planning Area No. 7 would be included in Chapter 17.74 of the Moorpark Municipal code with other development standards for the Moorpark Highlands Specific Plan area. Therefore, there are no proposed special conditions recommended but, staff will accept comments and recommendations from the public and S\Community Development DEV PMTSW P['Pardee Moorpark HIPdlendsPA 7 School Siteftendn Reports\PC Apsntla RepM_100615 dac Honorable Planning Commission June 15, 2010 Page 14 planning commission for consideration during the public hearing before the Planning Commission on the project. The proposed zoning development regulations are comparable to those adopted for the existing neighborhoods of Planning Areas Nos. 1-4. Due to the proximity of the properties along the southern perimeter of the project to the public park, staff recommends that a decorative wall be installed along the south property line, to be a minimum of 6.5' tall due to park location. A greater wall height is not necessary as the yards would be several feet above the adjacent park, with a slope separating the two uses. Also, a special condition of approval states that, the applicant shall prepare a disclosure to be included in the CC&Rs to notify any potential resident of any property within Tract 5860 adjacent to the public park, to disclose that the park is publicly open and accessible until 10:00PM and includes sport court lighting available until 10:00PM. Also, the applicant has proposed a sound wall along the right of way SR-23 alternate route and staff has incorporated this applicant proposed measure as special condition of approval. Also a special condition is recommended that the security pool fencing of the recreation lot be decorative. • Secondary Access As presented earlier in the report, a secondary access for the project was required by the Ventura County Fire District as a permanently accessible access point both into and out of the development. The secondary access is proposed via an easement over a proposed private open space lot "0" planned at the southwestern corner of Planning Area No. 7. This access easements is 43 feet wide with a 32 foot wide curb to curb private street section, with 3 foot wide landscaped parkways on both sides of the access and a 5 foot wide pedestrian sidewalk on the northern side of the access. Special conditions of approval are recommended requiring radius returns must be provided on both ends of the proposed second access with residential driveway apron being prohibited; and, the grade on the second access must not exceed a six percent change in elevation within any ten foot section. Furthermore, a special condition is recommended to require that the paving within the street section of the access be decorative and the landscaping along this access way be enhanced with specimen trees and shrub species. • Modified Knuckle The City of Moorpark uses knuckle design standards that were originally adopted by the County of Ventura. The purpose of the increased curb length in the geometry of the current county standard knuckle is to provide increased residential lot frontage. However, the proposed product is located on 3,500 square foot lots which do not receive the benefit of larger lot frontage from the county standard knuckle. Therefore, the proposed lot layout uses a modified knuckle design at the "L" intersection locations within the proposed residential development. This modified knuckle uses a non-concentric outside curb radius that increases the pavement area of the knuckle. The inside curb radius of the modified knuckle is 25 feet, which is the same as the county standard specifies for intersections, as shown in Ventura county Road Standard Plate B-5. $'Communily Derebpme(O➢EV PM SR P O1Pa,Oee Moorpark Highlands PA 7 School SgeAgenda RepmiswC Agenda Rep.n 1005,5 doe Id Honorable Planning Commission June 15, 2010 Page 15 The modified knuckle design provides adequate width and curb radii to meet emergency vehicle requirements. To improve the function of the modified design, a special condition of approval is recommended stating that the inside curb cut through the radius, and an extra 15 feet into and out of the curb return, will be painted red to prohibit parking around curves. By eliminating the parking on the inside curb return, the pavement available to drivers is further increased. Utilizing this modified knuckle will not affect the safety of"L" intersections on-site. Since the project area is within a Specific Plan area, the Community Development Director and Public Works Director/City Engineer have recommended that a modified street design be approved as part of the Specific Plan Amendment No. 1 with the design being unique to development of Planning Area No. 7 of Specific Plan No. 2. Therefore, aside from the special condition for no parking, the modified knuckle design is incorporated into the text of the proposed Amendment No. 1 to Specific Plan No. 2 and if adopted as proposed, no special condition of approval would be required as the modified knuckle would be considered as an approved City street standard for development of Planning Area No. 7. • Trail Connectivity The Memorandum Of Understanding between Pardee Homes and the City called for a dedication of land on the eastern perimeter of the project site to provide an access trail from the park site to a point near the terminus of Ridgecrest Drive and the SR-23 bypass at the City boundary with Happy Camp Canyon Regional Park. Also, the original Specific Plan shows a Natural Trail along the eastern portion of Planning Area No. 7. This Natural Trail was intended to be used to accommodate bikes, pedestrians, and equestrian uses, and to provide access to the park in Planning Area No. 6, to the south. A Class I Bike Trail is also shown along the northern side of Planning Area No. 7 in the original Specific Plan. A special condition of approval is recommended that improvement plan provides for the replacement of the existing Class I Bike Path on the northern side of the planning area with an 8-foot Class II Bike Path on the northern and southern sides of the street and along the western frontage of the project site on Elk Run Loop. In addition, the Natural Trail on the east side of Planning Area No. 7 has also been replaced with a 25-foot-wide easement to accommodate a minimum 12 foot wide Multi-Use trail, and landscaping. These trails provide access on the northern and eastern sides of Planning Area No. 7, and tie into the park area in Planning Area No. 6, to the south. The Multi-Use Trail to the east will accommodate pedestrian, bicycle, and equestrian mobility from its northern junction with the Class II Bike Path, all the way along the access easement shown along the eastern side of Planning Area No. 7, and down to the eastern edge of Planning Area No. 6 to the south where it becomes a Natural Trail. A special condition of approval is recommended outlining the size and construction elements of the multi use trail along the eastern perimeter of the project, including appropriate landscaping and a requirement that the multi use trail plan must comply with Federal, State and Local accessibility codes and ordinances. Also, a special condition of approval is recommended that the CC&Rs include a disclosure to any potential resident of any property adjacent to the multi use trail easements indicating that the multi-use trail is S kearnmunny Development DEV PM1SIR P DNarsee Moorpark HipheMa\PA 7 School Slte A enda RepMS■PC Agenda Rspa1_10O615 tloc 15 Honorable Planning Commission June 15, 2010 Page 16 publicly accessible. • Landscapinq/Hardscape Due to the smaller lot sizes proposed, it is important to accentuate the hardscape and driveways within the front yards, so that there is not a dominant feature of grey concrete along the street-scape. Therefore, a special condition of approval is recommended requiring decorative hardscape features and driveways be provided to the satisfaction of the Community Development Director, including but not limited to the use of decorative pavers, colored and stamped concrete. A special condition of approval is also recommended requiring the developer to install front yard landscaping for each residential property and to require HOA maintenance of front yards. Since Planning Area No. 7 is located within an existing landscape maintenance assessment district, and there are several landscape areas that will be visible from public rights of way, staff recommends a special condition of approval that the visible landscape areas be included within the existing Moorpark Highlands Landscaping Maintenance District. At a minimum this will include the frontage along Elk Run Loop on the western perimeter of the project, the frontage and slopes adjacent to Ridgecrest Drive, along the northern perimeter of the project and the 25 foot wide easement for the multi-use trail and landscaping along the eastern project boundary. Also,staff recognizes that the existing Elk Run Loop right of way is of sufficient width to accommodate installation of a raised median from the intersection with Ridgecrest Drive, south to terminate before access to the gated entrance of Grottoes Way, across from the driveway access to the public park. Therefore, staff has recommended a special condition to require installation of a raised median within Elk Run Loop as outlined above. In order to preserve on street parking in proximity to the Mammoth Highlands park, no median will be constructed within Elk Run Loop,to the south of the driveway entrance to the public park and the gated entrance to Planning Area Nos. 3 &4 at Grottoes Way. • Specific Plan Amendment The Moorpark Highlands Specific Plan Amendment No. 1 proposes to amend Moorpark Highlands Specific Plan No. 2 (original Specific Plan). The amendment changes the Specific Plan Zoning Designation for Planning Area No. 7 from Institutional to Residential Planned Development-Single Family. The current project as designed provides for 552 residential units within the Specific Plan area. The physical land use for Planning Area No. 7 has been converted from an approximate 22-acre school site to an approximate 22-acre residential area with 133 newly proposed residential units. This increases the unit count within the Specific Plan area to 685 residential units. A recreation center is also proposed within Planning Area No. 7 to serve residents within this planning area. Please refer to Attachment 7 — Draft Amendment No. 1 to Specific Plan No. 2. s1Cca nni,y OevslopmenPDEV PMTSS P['Pardee Mowed(Highlands\PA 7 school site'.genda Reports1PC Agenda Repdt_l O 1 s.doc 1r Honorable Planning Commission June 15, 2010 Page 17 • Development Agreement The Development Agreement outlines the required fees and fee indexing structure and timing of developer payments of fees. The agreement also provides for city cooperation in expediting permit processing, provide median improvements to Elk Run Loop, extend Ridgecrest Drive for the length of the project frontage, and provide for a total of 10 units affordable for lower income households: 3 within the Waverly Place development(Planning Area No. 5), and 7 within Planning Area No. 7. In addition, the Development Agreement requires the Developer agrees to provide a plan for City review and approval for improvements that would be completed immediately, should ongoing construction of residential units be suspended at any time and for any reason after the first residential unit is occupied. Findings The following findings are offered for the Residential Planned Development Permit: 1. The proposed project site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan, Specific Plan No. 2 and Zoning Ordinance,with amendments proposed by Amendment No. 1 to Specific Plan No. 2, in that the proposed project will provide for the orderly development of land identified in the City's General Plan, Specific Plan No. 2 and Zoning Ordinance as appropriate for residential development within Planning Area No. 7, to be compatible with the developed residential neighborhoods within the Moorpark Highlands, and; 2. The site design of the proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the north, south, east and west, and access to adjacent uses is not hindered by this project; and 3. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single-family detached homes and open space throughout the Moorpark Highlands master planned community of similar densities. S■Community Develcpme,MDEV PMTS P O1Pardee Moorpark Hlgl,lands1PA 7 School Site'penda ReµMs1PC Agenda Report 1P0815.(lac 17 Honorable Planning Commission June 15, 2010 Page 18 The following findings are offered pursuant to the requirements of the Subdivision Map Act: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if the Specific Plan No. 2 is amended to change the school site to Residential Planned Development with approval of Zoning Ordinance Amendment No. 2009-01 to allow for a Residential Planned Development at a density up to one (1) unit per 6.1 acres. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if the Specific Plan is amended to change the school site to Residential Planned Development to allow for a density up to one (1) unit per 6.1 acres. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development of one(1) unit per 6.1 acres, in that all City Development standards would be met by the proposed project while preserving 2.8 acres of the project site as landscaped open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design, conditions, or implementation of approved mitigation measures as adopted with the original final Environmental Impact Report (SCH# 96041030) for the project, as presented in the Addenendum to the Final EIR for Specific Plan No. 2. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that access easements are provided into Tract 5860 and use of the public streets developed with Tract 5045 to the north and west of the site have been identified and incorporated in the design of this project. H. 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. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 785 and 850 feet, away from any public waterways. s 1Commnlry DeveklpmertlEV PMTSR P Waren Moorpark Highlands PA 7 School SII&■Agenda R e p o r t s PC Agenda Rep 100615 18 Honorable Planning Commission June 15, 2010 Page 19 PROCESSING TIME LIMITS Zoning Amendments and Changes and Development Agreements are legislative acts that are not subject to processing time limits under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5),the Subdivision Map Act(Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations,Title 14, Chapter 3). The applicant has elected to process the Tentative Tract Map and Residential Planned Development concurrently with the Zoning Amendments and Changes and the Development Agreement. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution,the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. An Environmental Impact Report(SCH No. 96041030) had been prepared and certified for the original project. No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of the proposed amendments to the project. An Addendum has been prepared under the supervision of the Community Development Director. Addendum to the Moorpark Highlands Specific Plan No. 2 final EIR consists of the application and all its exhibits along with the staff report,the Addendum and all appendices, including the adopted Mitigation Monitoring program of the final EIR. No further environmental documentation is required. s.1Communlly DevelopmemfDEV PMTSU P o1P.Mee Moorpark Nghlv,asPA 7 School sneWpend ReportsPC Agenda Report_100615 eoc 19 Honorable Planning Commission June 15, 2010 Page 20 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2010- recommending to the City Council approval of Residential Planned Development No. 2009-02, Tentative Tract Map No. 5860, Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands, Zoning Ordinance Amendment No. 2009-01 and Development Agreement No. 2009-01 subject to the special and standard Conditions of Approval for Residential Planned Development No. 2009-02 and Tentative Tract Map No. 5860. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. TTM 5860 — (11'x17" size and full size plans under separate cover) B. RPD master plot site plan —(11'x17" size under separate cover) 4. Design Guidelines (under separate cover) 5. Colors and Materials (under separate cover) 6. Addendum No. 1 to the Moorpark Highlands Specific Plan No. 2 final ER (under separate cover with CD [note:previously distributed]) 7. Draft Amendment No. 1 to Moorpark Highlands Specific Plan No. 2 (under separate cover) 8. Draft Zoning Ordinance Amendment No. 2009-01 — proposed development standards 9. Draft Development Agreement No. 2009-01 10. Draft PC Resolution No. with Conditions of Approval S%Community DevekpceoloEV PMTS 1R P RVadee Mnmpat HlgflandsIPA 7 School Sile'penOa Repons1PC Agenda Repw,_100615 doe J , up liwuriai _ arearaili1=1111 7 , .0 , _ I t- Southeast corner of Elk Run Loop and Ridgecrest Drive - _ Moorpark Highlands, Planning t1,„e„\..w' Area No. 7 / - ” L ,, _ vs t \'-----'-----4.----- C) - - > -lea, \ N.\\\\ , _ `,47° �I.. C 4.4.4. k U�� '. M.orpar .\ r- 0 ' • . ., 10, --' - iP 6Tc'04.' -G 721:-.1 MOW 1.11 '1 _ \Grotto.a W y �.- �,o`U y e 1 : re. s ,' , :��� �Ce + 'rte'=� Z — i� . Bfue RJd9a Ci�� � t, , fEf. l � = SA O.f 3 ]imp/ �t r, rn r : WaY - ©' 1r, W y �f �'�^w ShenanQO h .1�p4t n ���,, J�f}� I '',.4 .too.3'i Hgf ./A. .ag N ff7 °� "+K.a � OUnitifuh iic,, ./21 Z--11 i -� p C} \041Viii 1111111111 Viiii —__ ___-- - .4.,,,Vs_,,4 I IPA 41110 , .orr.aon oeu u..v,va.i.r.a..- C S.,n.�t.ur4., \ �T-c"r--_' - �.. .. „"-�c,3 ,//,.,_,__ - i / -! /t. Location Map Residential Planned Development Permit No. 2009-02; Tentative Tract Map No. 5860; Amendment No. 1 to Specific Plan No. 2, Zoning Ordinance Amendment No. 2009-01 ; and, Development Agreement No. 2009-02 N 1 , , ..,7 , •"''; Southeast corner of Elk Run , �, Loop and Ridgecrest Drive, : • Moorpark Highlands - Planning { ; P g g �; ~ Area No. 7. , a t ti L i— +t:,`� o \,,,—_____.._ Sri s D r'"!( a • r .1% `{) —ii is J . 1 . .' jam ', > ,, '1'a it 0 In rn /, >? ll "_ �, s' I Mfr.. b .. . f �an . _ l "•IV - iI ii , Nc' ■ ' 1, , • ,,. ' , .- l 1.''' tor,0 F' IN t Lt :3 _ N 1 al I, _._„ _ Aerial Map Residential Planned Development Permit No. 2009-02; Tentative Tract Map No. 5860; Amendment No. 1 to Specific Plan No. 2, Zoning Ordinance Amendment No. 2009-01 ; and, Development Agreement No. 2009-02 N N PROJECT EXHIBITS A. TTM 5860 (11"X17" Size and Full Size) B. RPD Master Plot Site Plan (11"x17" Size) (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 3 23 DESIGN GUIDELINES (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 4 COLORS AND MATERIALS (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 5 75 ADDENDUM NO. 1 TO THE MOORPARK HIGHLANDS SPECIFIC PLAN NO. 2 FINAL EIR [NOTE: PREVIOUSLY DISTRIBUTED] (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 6 26 DRAFT AMENDMENT NO. 1 TO MOORPARK HIGHLANDS SPECIFIC PLAN NO. 2 (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 7 DRAFT Section 17.74.040.1.E. Specific Plan No. 2 Residential Planned Development Single-Family(SP2-RPD-SF) 6.1 du/ac Zone. Planning Area (PA.) 7. 1. Minimum lot area: three thousand five hundred (3500) square feet. 2. Building Setbacks. a. Front setback: Minimum landscaped setback of ten (10)feet and architectural facade projections of up to sixteen (16) inches are allowed for non-livable spaces; with a minimum driveway depth of twenty (20)feet, as measured from front property line across area leading to enclosed parking within a garage; any two (2) adjacent lots may have the same front setback; however the third consecutive lot should vary the front setback by one (1) or more feet, as appropriate to the street and lot configuration, and to provide for variety in the streetscape. b. Side setback: Minimum for a single-family dwelling unit on an interior lot shall be five (5)feet. Minimum for a single-family dwelling unit adjacent to a street is ten (10)feet. Minimum for a single story enclosed patio, patio cover or detached accessory structure shall be five (5)feet. c. Rear setback: Minimum for a single-family dwelling unit is fifteen (15)feet, and second story floors, and/or architectural projections, may cantilever a maximum of eighteen (18) inches into the minimum required fifteen (15) foot setback. For single story enclosed patios or open patio covers, Or for detached/accessory structures the minimum required rear setback is five (5)feet. d. Mechanical equipment: Must be locatedin the rear yard with a minimum five foot setback from any side or rear property line and must be screened with a decorative masonry wall or landscaping. 3. Maximum building height: a. Thirty-five (35) feet for dwelling units: b. Fif teen (15)feet for a patio cover ocaccessory structures; c. Second story-decks or balconieslare prohibited. 4. Fences.and Walls. Fences andwalls shall comply with the provisions of this code, with the exception that sound attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned development permit. 5. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Coder---, 6. Signage.Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. 7. Recreational Amenities. Residential planned development permit areas with single-family lots that have an average size of less than seven thousand (7,000) square feet shah include private recreational amenities including but not limited to the following: restrboms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating,and multipurpose play area field. The types of amenities shall be reviewed and approved with the required residential planned development permit. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall complement the eaves, window treatments and surrounds on the front elevation. 9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front elevation of a unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the residential planned development permit approval body. PC ATTACHMENT 8 7R Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND PARDEE HOMES THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 PC ATTACHMENT 9 00 DEVELOPMENT AGREEMENT This Development Agreement ("the Agreement") is made and entered into on , by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as"City")and Pardee Homes, a California corporation, the owner of real property within the City of Moorpark generally referred to as the Moorpark Highlands Specific Plan Planning Area No. 7 (referred to hereinafter individually as "Developer"). City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. 1.2. The City and Developer entered into a Memorandum of Understanding (MOU) on April 1, 2009, regarding development of the school site as identified in Specific Plan No. 95-2, approximately 22 acres of land within the City ("the Property"), as more specifically described in Exhibit "A" attached hereto and incorporated herein. The property may also be referred to as Moorpark Highlands Specific Plan Planning Area No. 7. This Agreement supersedes the MOU for the development of the Property. 1.3. Prior to approval of this Agreement, the City Council of City ("the City Council") approved Amendment No. 1 to Specific Plan 95-2 for the Property. 1.4. Amendment No. 1 to Specific Plan No. 95-2,Vesting Tentative Tract Map No. 5860 (Tract 5860) and Residential Planned Development Permit No. 2009-02 (RPD 2009-02) [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"). 1.5. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. OMOR PRI_SERVDepartment Sbare\Community Development\DEV PMTSIR P DWPardee Moorpark HighandalA 7 School Site DA for School Site11O0515_Planning Commission Attachment 9 Pardee Schaal Site DA doe Page 2 of 29 30 1.6. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. Developer anticipates developing the Property over a minimum of three(3)years. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and conditions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.7. 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 at time of adoption of Ordinance No. for this Agreement by the City Council. 1.8. On 200_, 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. 1.9. On 200_, the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on 200_, 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 fully developed in accordance with the Project Approvals and this Agreement. 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property except any lot within the Project that has been fully developed in accordance with the Project Approvals and this Agreement shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of any of Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred \1MOR PRI SERVIDepartmem SSare\Cemmuni\y Devalopmenl\OEV PMIS\R P D\Pardee Moorpark XlgMands\PA 7 School site DA for School S'te\100615 Planning Commission Attachment 9 Pardee Scheel S,Ie DA Om Page 3 of 29 21 subsequent to the operative date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivered to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 3.3. In the event of a partial assignment or transfer, the assumption agreement referenced in subsection 3.2 shall include provisions acceptable to the City to ensure that the phased construction of affordable housing units contemplated by Section 6.9 is achieved, regardless of the identity or number of developers of the Project. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes"). 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. t1MOR PRI SERNDepanment Snare\Cammunlry DevelopmenMEV PMTSW P D\Pardee Moorpark Highlands\PA 7 School Sile\DA far School Site1100515 Planning Commission Attachment 9 Pardee School Site DA.doc Page 4 of 29 32 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later-adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties intent, as set forth in this subsection, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action,that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project(collectively"the Subsequent Approvals"; individually"a Subsequent Approval")shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum \WOR PRI SERVOepanmenl Share\Cammuni\y Development REV PMTS\R P ONardee Moorpark Highends\PA 7 School SIIe\DA for School Si\e\100515 Planning Commission Attachment 9 Pardee School Site DA.doc Page 5 of 29 33 process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws"), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City-wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto,within the Property; or (g) modify the land use from what is permitted by the City's General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire ten (10) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement,whichever occurs first, notwithstanding the provisions of Government Code Section 66452.6(a) or the fact that the final map may be filed in phases. Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code Section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No 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. VAOR PRI SERVIDeparenen\Share\Communily Developmenl\DEV PMTS\R P D\Pardee Max park Highlands\PA I School SIIe\DA for School Slle\l013615 Planning Gommisslon Allachmenl 9 Pardee School Site DA doc Page 6 of 29 la 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 Community Development Department prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City-wide basis to all substantially similar types of development projects \1MOR_PRI_SERV\OepMment Snare\Communlly DevelopmenfDEV PMTSW P DNacee Moorpark HighllaMAPA 7 School Sl,e\DA for School Sile\ID0615 Planning Commission Attachment 9 Pardee School Sits DA We Page 7 of 29 35 and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. Developer shall comply with (i)this Agreement, (ii)the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv)Addendum to the Moorpark Highlands Specific Plan No. 2 Final Environmental Impact Report, (Final EIR) and the Mitigation Monitoring Program (MMP) of the Final EIR and any subsequent or supplemental environmental actions. 6.2. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3. As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a development fee as described herein (the"Development Fee"). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be Eight Thousand One Hundred and Fifty-Three Dollars ($8,153.00) per residential unit and Thirty-Six Thousand Six Hundred and Eighty-Nine Dollars ($36,689.00) per gross acre of institutional land. The fee shall be adjusted annually commencing July 1, 2011 by the larger increase of a) orb) as follows: a) The Consumer Price Index (CPI) increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of April over the prior April.. b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period ending the first quarter of the same year. In the event there is a decrease in both of the referenced Indices for any annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. aMOR PRI SERV,DepaNneM Spare\Communlly DevelopmenpDEV PMTSIR P D\PaNae Moorpark Hghlands1PA 7 School SM1e DA for School S11e\l 00615_Planning Commission Attachment 9 Pardee School Site DA dec Page 8 of 29 is 6.4. As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a traffic mitigation fee as described herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Citywide Traffic Fee shall be Nine Thousand Five Hundred and Forty-One Dollars ($9,541.00) per residential unit, and Forty-Two Thousand Nine Hundred and Thirty-Five Dollars($42,935.00)per acre of institutional land on which the institutional use is located. Commencing on July 1, 2011, and annually thereafter,the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period ending the first quarter of the same year("annual indexing"). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5. As a condition of issuance of a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be Six Hundred Forty Dollars($640.00)per residential unit and Two Thousand Eight Hundred and Eighty Dollars ($2,880) per gross acre of institutional land on which the institution is located. The fee shall be adjusted annually commencing on July 1, 2011, by the larger increase of a) or b) as follows: a) The Consumer Price Index(CPI) increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of April over the prior April.. b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period ending the first quarter of the same year. In the event there is a decrease in both of the referenced Indices for any annual indexing, the Community Services Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 11MOR PRI SERV\Deparinml Share\Communtty DevelopmenfDEV PMTS1R P D\PeNee Moorpar Highands\PA 7 School Sile\DAfer School Ste 1OW15 Plannirg Commission Attachment 9 Pardee School Silo DAdoc Page 9 of 29 37 6.6. 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 Seven Thousand Five Hundred Dollars ($7,500.00) for each residential dwelling unit. The fee shall be adjusted annually commencing July 1, 2011 by the larger increase of a) or b) as follows: a) The Consumer Price Index(CPI) increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside/Orange County metropolitan area during the prior year. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of April over the prior April. b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period ending the first quarter of the same year. In the event there is a decrease in both of the referenced Indices 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. 6.7. Prior to the issuance of the building permit for the 100th housing unit, Developer shall improve and dedicate to the City a twelve (12) foot wide multipurpose trail within a minimum twenty-five foot wide easement from Ridgecrest Drive to the Mammoth Highlands Park. The trail improvements shall consist of trail fencing, decomposed granite trail surface, and landscaping on both the east and west sides of the trail consisting of 24-inch box trees and 5-gallon shrubs, along with trees screening the easterly fence of Moorpark Highlands Park. Design of the trail shall be to the satisfaction of the Public Works Director/City Engineer, Parks and Recreation Director, and Community Development Director. 6.8. (This section is intentionally left blank.) 6.9. Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code and Government Code \VAOR_PRI SERV DepaNnenl Slwe\Communi\y Development DEV PMTS\R P DVardee Moorpark Highlands\PA 7 School S'te\OA for School Sile\100615 Planning Commission Attachment 9 Pardee School Site DA doe Page 10 of 29 38 Sections 65915 through 65917.5; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available to provide ten (10) housing units affordable to low income households as shown in the table below. Up to three (3) of the low income units may be provided in the residential project known as Waverly Place in SP-2 (RPD 2004-01 and Tract Map 5045). 3 Bedroom 2 Bath 4 Bedroom 2 Bath Location of Unit (1,100 Sq. Ft. (1,400 Sq. Ft. Minimum) Minimum) Waverly Place 3 0 "Carriage Unit" Tract 5860 2 5 TOTAL 5 5 Developer explicitly acknowledges that its agreement to construct these affordable units is given both as specific consideration for both the density bonus and in general as consideration for City's willingness to negotiate and enter into this Agreement and for the valuable consideration given by City through this agreement. Developer further acknowledges that its agreement to construct these affordable units is not the result of an existing policy or regulation imposed by City but instead is the result of arm's length negotiation between the Parties. Developer shall construct the affordable units required of it pursuant to this subsection 6.10 and shall meet all requirements of this Agreement. The proposed project and property on which the units are to be constructed shall conform to the City's General Plan, Zoning Codes, and the Moorpark Municipal Code. Nothing in this Agreement requires City to consider a General Plan Land Use Amendment, Zone Change, or any other land use entitlement to allow or permit said proposed construction. Developer further agrees that it shall pay the same processing and development fees in the same amounts for the seven low income units as it is required to pay for the market rate units in Tract 5860. (The Developer has already paid the applicable processing and development fees for the three (3) low income units in Waverly Place.) Prior to recordation of the first Final Map for this Project, the City Council in its sole and unfettered discretion shall approve an Affordable Housing MMOR_PRI_SERVDeparVnent Share\Community De'etapment\DEV PMTS\RP01 Pardee Moorpark HlghaMs\PA 7 School Site OA for School Shelf 15 Planning Commission Attachment 9 Pardee School Site DA Ecc Page 11 of 29 39 Purchase and Sale Agreement (Affordable Housing Agreement) that provides policies and guidelines to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. The Affordable Housing Agreement shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions,equity share and second trust deed provisions, respective role of City and Developer, the responsibility of providing the affordable units by each developer in the event of successors and/or assigns to this Agreement, the final number of attached units that shall be provided to meet Developer's affordable housing obligation arising under this Agreement,quality of and responsibility for selection of amenities and applicability of home warranties to meet all or a portion of its obligation and any other items determined necessary by the City. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute the Affordable Housing Agreement that is consistent with this Agreement and with Developers obligations hereunder. Developer shall pay the City's direct costs for preparation and review of the Affordable Housing Agreement up to a maximum of Ten-Thousand Dollars ($10,000.00). Developer agrees that three (3) affordable units will be provided within the existing Waverly Place neighborhood prior to the issuance of the first residential building permit within Tract 5860, with seven affordable housing units to be provided within Tract 5860 in accordance with the following schedule: • Prior to the 31st occupancy, 2 affordable units in Tract 5860 shall be provided; • Prior to the 49th occupancy, 1 additional affordable unit in Tract 5860 shall be provided; • Prior to the 68th occupancy, 1 additional affordable unit in Tract 5860 shall be provided; • Prior to the 85th occupancy, 1 additional affordable unit in Tract 5860 shall be provided; • Prior to the 106th occupancy, 1 additional affordable unit in Tract 5860 shall be provided; • Prior to the 133rd occupancy, 1 additional affordable unit in Tract 5860 shall be provided. All affordable units shall meet the criteria of all applicable State laws to qualify as newly affordable to low income and very low income persons On the quantity as specified in this Agreement)and will satisfy a portion of the City's RHNA obligation and if within the Moorpark Redevelopment Agency project area to satisfy a portion of the Agency's affordable housing goals. The affordable units required by this Agreement are consideration for City's entry into this Agreement and therefore none of WMOR_PRl SERVtDepartment Sare¢ommunuy Development\DEV PMTSR P D1Pardee Moorpark Highlands PA 7 School$it\DA for School S'te\l OGG1s Planning commlvlon Attachment s Pardee School Site DA doc Page 12 of 29 40 the affordable units shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent approvals required of City under this subsection 6.9 shall be made at City's sole discretion. If any conflict exists between this Agreement and any Affordable Housing Agreement required by and negotiated pursuant to this Agreement or the conditions of approval for Vesting Tentative Tract Map No. 5860 and/or RPD No.2009-02,then the Affordable Housing Agreement shall prevail. For housing units constructed by Developer to meet its contractual obligation under this subsection 6.9, Developer agrees to provide the same home warranties associated with other units in the same project as the constructed or purchased unit, or the maximum time required by State law, whichever is longer, but in no event less than ten (10) years. Developer agrees that all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the low income units, and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The qualified buyer(or City in lieu of a qualified buyer at its sole discretion) shall have the same choices of finish options as purchasers of other units in the project and final walk-through approval of condition of unit before close of sale. Any options provided to buyers of units shall be provided to buyer(s) of the required units including but not limited to color and style choices for carpeting and other floor coverings. Flooring selections shall be made within 10 days of Developer's request for selection. In the event the monthly HOA fees exceed One Hundred Dollars ($100.00), Developer shall deposit One Hundred Twenty Dollars ($120.00) for each dollar or portion thereof of the monthly HOA fees that are in excess of One Hundred Dollars ($100.00) into a City administered trust to assist with future HOA fees for each affected unit. \\MOR_PRI_SERV,Department Share\Community Develdpment\DEV PMrS\R P D\Pardee Moorpark Highlands PA]School 5ite\DA for School Site VCG515_Planning Commiss,on Attachment 9 Pardee School Site DA dot Page 13 of 29 Al The Affordable Sales Price for the low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. Section 50052.5(h)of the California Health and Safety Code provides that an appropriate household size in terms of determining purchase prices, is one more person than the number of bedrooms. This means that the pricing for a three (3) bedroom unit will be based on a household of four(4), regardless of the actual size of the household purchasing the unit. The pricing for a four (4) bedroom unit will be based on a household of five (5) regardless of the actual size of the household purchasing the unit. For example,the monthly"affordable housing cost" for a three (3) bedroom unit would be 30% times 70% of $86,100, the current median income for a household of four (4) in Ventura County, divided by twelve (12).The monthly"affordable housing cost"for a four(4) bedroom unit would be 30%times 70%of$93,000,the current median income for a household of five (5) in Ventura county, divided by twelve (12). This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulations shown below (See Section 50052.5(c) of the Health and Safety Code). The Affordable Sales Price for a low income household would be $170,850 for a three bedroom unit and $185,350 for a four bedroom unit under current market conditions, based upon the following assumptions: Low Income Buyer Item Detail Amount 4 Bedroom 3 Bedroom Affordable Sales $185,350 $170,850 Price Down Payment 5% of Affordable $9,268 $8,543 Sales Price Loan Amount Affordable Sales $176,082 $162,308 Price less down payment Interest Rate 6.25% Property Tax 1.25% of Initial $193/mo $178/mo Purchase Price LMD $18/mo $18/mo HOA $100/mo $100/mo. Fire Insurance _ $20/mo $20/mo. Maintenance $20/mo $20/mo. Utilities $214 $186/mo. The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price of $170,850 for a three (3) bedroom unit and @AOR PRI_SERNDepanmem Share\Community Deve!opmemmEV PMTS\R P DWardee Mcaps,k Highlands\PA 7 School slreroA for School SireO 0C615_Planning Commission Anetl,menr 9 Pardee School Site DA doe Page 14 of 29 /19 $185,350 for a four(4) bedroom unit, mortgage interest rate of 6.25%, no mortgage insurance, property tax rate of 1.25%, based on Affordable Sales Price, homeowners' association dues of $100 per month, fire insurance of $20 per month, maintenance costs of$20 per month, and utilities of $186 per month for a three (3) bedroom unit and $214 per month for a four (4) bedroom unit. Utilities are adjusted based on unit size. Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if"affordable housing cost", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Purchase and Sale Agreement negotiated pursuant to this Agreement shall address this potential change. In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size appropriate to the size of the unit being purchased by the City, consistent with all requirements of this subsection 6.9. Developer agrees that, pursuant to City's rights under this Agreement and/or the Affordable Housing Agreement and prior to and upon the sale of a required unit to a qualified buyer(or City in lieu of a qualified buyer as determined by City at its sole discretion), City may at its sole discretion take any actions and impose any conditions on said sale or subsequent sale of the unit to ensure ongoing affordability to low and very low income households and related matters. After the sale of a housing unit by Developer to a qualified buyer(or City in lieu of a quallfied buyer as determined by City at its sole discretion), City, not Developer, shall have sole responsibility for approving any subsequent sale of that housing unit. Developer shall pay closing costs for each affordable unit, not to exceed six thousand five hundred eighty-four dollars($6,584.00). Beginning July 1, 2011, and on July 1st for each of fifteen subsequent years, the maximum $6,584.00 to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index(CPI) for All Urban Consumers for Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the closing costs for each affordable unit shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. The referenced Developer funded closing costs shall be for the benefit of qualified buyers (or City in lieu of qualified buyers as TIMOR PRI SERVDepartmenIShare\Community Developmen110EV PMTS\R P OWardee Moorpark HlghlandsIPA 7 School SileNA la School Site\100515_Pldnni,g Commissim Attachment 9 Pardee School Site DA dcc Page 15 of 29 dl determined by City at its sole discretion for one or more of the required units) in their acquisition of a unit from Developer not Developer's acquisition of a unit from one or more third parties. The Developer's escrow cost shall not exceed the then applicable maximum amount per unit regardless of the number of escrows that may be opened on a specific unit. In addition, in lieu of constructing any Very Low Income Affordable Housing Units on site, for each of the residential units, Developer shall pay to the 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 Four Thousand Five hundred and Eight Dollars($4,508.00)shall be paid prior to issuance of the building permit for each dwelling unit in the Project. Commencing on July 1, 2011, and annually thereafter, the In- Lieu Fee shall be adjusted by any increase in the Consumer Price Index 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 April over the prior month of April. 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. 6.10. A. Developer agrees to(i) limit its total reimbursement from the proceeds of Bonds of CFD 2004-01 to $27,000,000.00 (ii) any funds in the Project Improvement Fund in excess of the amount required to fund such total reimbursement, less any CFD 2004-01 consultant costs associated with the redemption of Bonds and adding residential units approved in the Project Entitlements to CFD 2004-01, shall be applied to redeem a portion of the Bonds, consistent with applicable provisions of State and Federal laws and regulations. As a result of such redemption, the Special Taxes for Facilities shall be decreased in accordance with the Rate and Method (defined below). Developer agrees that no additional public improvements shall be eligible for reimbursement from CFD 2004- 01 resulting from development of this property. B. To the extent permitted by applicable law, Developer agrees to initiate action to include the Property (except residential units designated to be sold to low income buyers pursuant to Section 6.9 of this Agreement) in CFD 2004-01 for purposes of levying the Special Tax for Facilities and the Special Tax for Services described in the First Amended Rate and Method of Apportionment attached hereto, which amends the original Rate and Method of Apportionment attached as Exhibit "B" to City Council Resolution No. 2004-2383 (the "Rate and Method"). @AOR_PRI_SERV\Depaf,lenl share\Communrty Development\DEV PMTS\R P D\Pardee Moorpark Highlands PA 7 School 9tleOA for School SdtMl N415 Plannllg Commission Attachment 9 Pardee School Site DA dcc Page 16 of 29 AA 6.11. Developer agrees to pay to City the Transportation System Management Fee (TSM Fee) for each residential unit and institutional use prior to the issuance of a building permit for each residential unit or institutional use. The TSM fee shall be One Thousand Seven Hundred and Nine Dollars ($1,709.00)for each residential unit and Twenty-Eight Cents ($0.28)per gross square foot of institutional building space. Commencing on July 1, 2011, and annually thereafter the TSM Fee shall be adjusted by any increase in the Consumer Price Index(CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics,for all urban consumers within the Los Angeles /Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of April over the prior month of April. 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. 6.12. 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. 6.13. Developer agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway and median landscaping, street lighting, including but not limited to all water and electricity costs, and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall also form one or more property owner associations to assume ownership and maintenance of open space land, trails, storm water detention and/or debris basins and related drainage facilities, landscaping, and other amenities, and to comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Project.The obligation of said property owner associations shall be more specifically defined in the conditions of approval of Tract 5860 and RPD 2009-02. 1 MoR_PRL SERNDepadmeat sharelCwnwnlhy DevelopmemmEV PMTSAR P D1Pardee Mec par wgnlaNSwA 7 stlmd Site DA for School site\1OC6ls Planning Commission Attachments Pardee School Site DA doc Page 17 of 29 d5 6.14. 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, Art in Public Places Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at 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. 6.15. Developer shall pay the Los Angeles Avenue Area of Contribution(AOC) fee for each residential unit and institutional use prior to the issuance of a building permit for each residential unit or institutional use. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit. 6.16. Developer agrees that any fees and payments pursuant to this Agreement shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to subsections 6.3, 6.5, 6.6, 6.10, 6.11 and 6.24 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. 6.17. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the the MMP of the Final El R. Developer agrees within ninety(90)days of the operative date of this Agreement to pay Ten Thousand Dollars($10,000.00)for the cost of annual reviews for the life of this Agreement. 6.18. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 6.19. On the operative date of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, Project Approvals, and the MMP of the Final EIR. IIMOR_PRI SERNDeparlmanl Share\Community Development DEM PMTSR P['Pardee Moorpark HighendswA 7 School S11&OAfor School S'te\100615_PlannN9 Commission Machment 9 Pardee School Slle DA doc Page 18 of 29 AS 6.20. In the event any of the "referenced Index" or "CPI" referred to in any portion of Section 6 above, are discontinued or revised, such successor index with which the "CPI" and or "referenced Index" are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the"CPI"and "referenced Index" had not been discontinued or revised. 6.21. Prior to the issuance of the building permit for the one-hundredth (100th) residential unit, Developer shall either extend and pave Ridgecrest Drive to Alternate SR-23 or pay the City for the cost of the improvements at the sole discretion of the City. The improvements shall be to the satisfaction of the Public Works Director/City Engineer and Community Development Director and shall consist of concrete curb and gutter, full pavement, concrete sidewalk on the south side of Ridgecrest Drive consistent with the existing improvements on the south side of Ridgecrest Drive. 6.22. Developer agrees, effective July 1, 2011, the One Hundred Fifty Thousand Dollar($150,000.00) payment contained in Section 6.30 of the Development Agreement of Ordinance No. 263 to fund the maintenance of the trail system and the Three Hundred Fifty Thousand Dollar ($350,000.00) payment contained in Section 6.9 of the Development Agreement of Ordinance No. 263 to fund the replacement of park amenities shall be increased in the same manner as the CPI increase provided for in Section 6.6 of the Development Agreement of Ordinance No. 263. These fees are to be paid only once to meet the requirements of both the Development Agreement under Ordinance No. 263 and this Development Agreement. 6.23. Developer agrees to provide additional improvements to the Elk Run Loop public right-of-way between Ridgecrest Drive and Grottoes Way in the form of a raised landscaped median street section to the satisfaction of the Public Works Director/City Engineer and Community Development Director. 6.24. Prior to the issuance of the first building permit for a residential unit, Developer agrees to provide a plan for City review and approval at City's sole discretion, for improvements that would be completed immediately, should ongoing construction of residential units be suspended at any time and for any reason after the first residential unit is occupied. Improvements to be addressed in the plan shall include, but not be limited to, the trail identified in Section 6.22, the Elk Run Loop improvements identified in Section 6.25, the private recreation facility approved as part of RPD 2009-02 and Tract 5860, internal private streets, and the maintenance of undeveloped lots. \\MOR PRI SERV,Department S11are1Community Development\DEV PMTS\R P D1Pardee Moorpark Hlgl,landMPA 7 School Slte■DA for School Site\100515 Planning Commission Attachment 9 Pardee School Site DA tloc Page 19 of 29 47 6.25. Developer agrees to withdraw any legal action against City pertaining to the School Site and CFD 2004-01 within one hundred twenty (120) calendar days following the later of (i) the effective date of this Agreement, or (ii) the effective date of all of the project approvals if no legal action or referendum petition has been filed regarding the approval of this Agreement. Developer also agrees to withdraw any legal action against Moorpark Unified School District pertaining to the School Site within one hundred twenty (120) calendar days following the later of (i) the effective date of this Agreement, or(ii) the effective date of all of the project approvals if no legal action or referendum petition has been filed regarding the approval of this Agreement. 6.26. Developer assumes all risk, liabilities and costs including submission of revised plans, or removal, or repair or reconstruction of any improvement, for any model homes, or grading, or other improvements prior to City Council approval of a final map for Tract 5860. 7. City Agreements. 7.1. City shall commit reasonable time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for the Project area and shall use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7.2. If requested in writing by Developer and limited to City's legal authority, City at its sole discretion shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of fifteen percent (15%) on all out-of-pocket costs. 7.3. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the approved conditions of Specific Plan 95-2 Amendment 1, Tract 5860 and RPD 2009-02 and contingent on City Engineer and Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of \IMOR_PRI SERV\DepaimentSbare\Communily OevelopmeeeDEV PMTS\RPO\PeMee Moorpark HighaMs\PA7School Si\e\OA for School Slle\100515_Plannmg Commission ANahmenl9 Pardee School See DA doc Page 20 of 29 48 the rough grading and construction of on-site and off-site improvements. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.4. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. 7.5. City agrees to issue building permits for model homes for which an Administrative Permit has been approved and that meet all applicable Building Code requirements prior to the recordation of a Final Map, so long as Developer has executed an agreement in a form approved by the City Attorney and City Manager absolving City of any responsibilities, liabilities and costs for construction of the model homes. 7.6. City agrees that the Park Fee required under subsection 6.6 of this Agreement combined with the trail improvements and dedication required under subsection 6.7 of this Agreement meet Developer's obligation for park land dedication provisions of state law and City codes. 7.7. The City agrees to appoint an affordable housing staff person to oversee the implementation of the affordable housing requirements for the Property required herein for the duration such units are required to be maintained as affordable consistent with the provisions of subsection 6.9 of this Agreement and the Purchase and Sale Agreement. 7.8. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map development permit or development agreement with one or more other developers. 7.9. Upon Completion of annexation of the Property into CFD 2004-01, City agrees that funds in the Project Improvement Fund may be disbursed to fund City Fees applicable to such residential units in accordance with the Funding Agreement, upon Developers submittal of one or more Payment Requests, and Developer may receive a total reimbursement from the Project Improvement Fund in an amount of$27,000,000.00, inclusive of any disbursements for such City fees, consistent with subsection 6.10.A.. 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. 1VMOR_PRI_SERV,Departmenl Share\Communl,y Oevelopmen„DEV PMTS'P D\Pardee Moorpark Highlands1PA 7 School SI1e10A for School S'te100615 Planning Commission AXecl,men19 Pardee School Site DA doc Page 21 of 29 49 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer's compliance with the MMRP. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of"Excusable Delay", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e)damage to work in progress by reason of fire, flood, earthquake or other casualty; (f)failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only,the lack of water to serve any portion of the Property due to drought; (g)delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer.The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement; or (c) materially breaches any of the provisions of the Agreement. 11.2. Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of the Agreement. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this subsection of the Agreement, \1MOR_PRI SERV\Departmenl Share\DCmmun ly Developmenl\DEV PMTSR P D\PaMee Moorpark Highlands PA 7 School Site\DA for School Sile\10p615_Planning Commission Attachments Pardee School Site DA doe Page 22 of 29 50 the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall include a period to cure, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if the defaulting party cannot reasonably cure the breach within the time set forth in the notice such party must commence to cure the breach within such time limit and diligently effect such cure thereafter. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. Prior to pursuing the remedies set forth herein, notice and an opportunity to cure shall be provided pursuant to subsection 11.3 herein. The remedies for breach of the Agreement by City shall be injunctive relief and/or specific performance. The remedies for breach of the Agreement by Developer shall be injunctive relief and/or specific performance, including, in the case of a failure to pay a fee required hereunder, to compel such payment. In addition, if the breach is of subsections 6.9, 6.10, 6.12, 6.13, 6.14, 6.16, 6.17, and 6.18 of this Agreement, City shall have the right to withhold the issuance of building permits to Developer throughout the Project from the date that the notice of violation was given pursuant to subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. 12. Mortgage Protection. At the same time that City gives notice to Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ("Financier"), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third(3rd) day after deposit. \\MOR_PRI_SERV Department SM1are\Community DevelopmenlDEV PMTS\R P DNardse Moorpar HigrvlandslPA 7 School Site\DA for School SEe\10W15_Planning Comrossian Ahrachmenl a Pardee School Site DA roc Page 23 of 29 51 Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15)days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended,the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty(30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1. Exemption for Amendments of Proiect Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement and does not alter the WOR PRI SERVDepenmenl Share1Conmunlly Development\DEV PMTS P owardee Moorpark Highlands\PA 7 sd,wl S1e■DA for School sI,e1100515 Plann'na commis:Ion Anachmenr 9 Pardee School Site DA doc Page 24 of 29 52 permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 16. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision thereof, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of ten (10) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit required by subsection 6.9, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Upon notice in accordance with subsection 20 below the Developer may notify City at least one hundred eighty(180)days in advance of the term of this Agreement that an additional term is necessary for the completion of the Project. City may, at its sole and unfettered discretion, extend the agreement for a term of not less than one(1) year and no more than ten (10)years. Said extension of the term of this Agreement may include the addition of any new fees which may be in effect at the time of the extension request. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth 11MOR_PRI SERV DepaAmenl Share\Communlry Development\DEV PMTS\R P D\Pardee Moorpark Highlands PA 7 School Site\DA for School Sae\100515 Planning Commission Attachment 9 Pardee School She DA doc Page 25 of 29 53 in Exhibit"B"attached hereto and incorporated herein. Any Party may,from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners,joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 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 @AOR PRI SERNDepaNnenl Share\Communi\y Developmen\\DEV PMTS■R P D■Pardee Moorpark HI9Mands\PA 7 School Si\e■DA for School SI\e\l 5_Planning Commission Anachmen,9 Pardee School Site DA Ouc Page 26 of 29 54 Implementation Plan be found to be in conflict with any provision of this Agreement, the provisions of the Implementation Plan shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into,and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the Developer and City of Moorpark have executed this Development Agreement on the date first above written. CITY OF MOORPARK Janice S. Parvin Mayor OWNER/DEVELOPER PARDEE HOMES, a California corporation By: Amy L. Glad Senior Vice President By: James C. Bizzelle, Ill Vice President, Community Development ALL SIGNATURES MUST BE NOTARIZED V OR PRI_SERV9apartmr,\SaareCammunl\y Developmenl\DEV PMT$\R P D\Pardee Moorpark Highlands\PA7Schaal Site\DA for School Sae\100615Planing Commission Anachmen\9 Pardee Schaal Si\a DA doe Page 27 of 29 55 EXHIBIT A LEGAL DESCRIPTION VPOR PRI SERV[Department Sbare[Communlly OevelopmenlNEV PMTS R P"[Pardee Moorpark Highlands\PA 7 School 50e DA for School Silell 0.0615_Planning Commission Attachment 9 Pardee School Site DA Page 28 of 29 SF EXHIBIT "B" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Pardee Homes James C. Bizzelle, Ill Vice President, Community Development 10880 Wilshire Boulevard, Suite 1900 Los Angeles, CA 90024 NAOR PRI SERVIDeparne it SharedCommunity DevelopmenIDEV PMTSW P D Pardee Moorpark•9h andSPA 7 Scrim/SOMA for School Sited 00615 Planing Commission Attachment 9 Pardee School Site DA doe Page 29 of 29 S7 RESOLUTION NO. PC-2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT NO. 2009-02, A REQUEST TO CONSTRUCT 133 DETACHED SINGLE-FAMILY HOMES AND A PRIVATE RECREATIONAL FACILITY; TENTATIVE TRACT MAP NO. 5860, A REQUEST TO SUBDIVIDE THE 21.8 ACRE PROPERTY INTO 133 RESIDENTIAL LOTS WITH PRIVATE STREETS; AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 2, MOORPARK HIGHLANDS, TO CHANGE PLANNING AREA NO. 7 FROM A SCHOOL SITE TO A RESIDENTIAL PLANNED DEVELOPMENT SITE; ZONING ORDINANCE AMENDMENT NO. 2009-01, A REQUEST TO AMEND CHAPTER 17.74 OF THE MOORPARK MUNICIPAL CODE TO CREATE ZONING DEVELOPMENT STANDARDS FOR PLANNING AREA NO. 7; AND DEVELOPMENT AGREEMENT NO. 2009-01, LOCATED AT THE SOUTHEAST CORNER OF ELK RUN LOOP AND RIDGECREST DRIVE, ON THE APPLICATION OF PARDEE HOMES WHEREAS, at a duly noticed public hearing on June 15, 2010, the Planning Commission considered Residential Planned Development No. 2009-02, a Request to Construct 133 Detached Single-Family Homes and a Private Recreational Facility; Tentative Tract Map No. 5860, a Request to Subdivide the 21.8 Acre Property Into 133 Residential Lots with Private Streets; Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands, to Change Planning Area No. 7 From a School Site to a Residential Planned Development Site; Zoning Ordinance Amendment No. 2009-01, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code to Create Zoning Development Standards for Planning Area No. 7; and Development Agreement No. 2009-01, located at Southeast Corner of Elk Run Loop and Ridgecrest Drive on the application of Pardee Homes; and WHEREAS, at its meeting of June 15, 2010, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and on June 15, 2010 reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that pursuant to the California Environmental Quality Act (CEQA), in accordance with Sections 15162 and 15164 of the California Code of Regulations (CEQA Guidelines), an Addendum to the Final Environmental Impact Report, (EIR) has been prepared. Final EIR (SCH No. 96041030) had been prepared and certified for the original project. No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of the proposed amendments to the project. PC ATTACHMENT 10 SR Resolution No. PC-2010- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The proposed project site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan, Specific Plan No. 2 and Zoning Ordinance, with amendments proposed by Amendment No. 1 to Specific Plan No. 2, in that the proposed project will provide for the orderly development of land identified in the City's General Plan, Specific Plan No. 2 and Zoning Ordinance as appropriate for residential development within Planning Area No. 7, to be compatible with the developed residential neighborhoods within the Moorpark Highlands, and; 2. The site design of the proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the north, south, east and west, and access to adjacent uses is not hindered by this project; and 3. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single-family detached homes and open space throughout the Moorpark Highlands master planned community of similar densities. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report and accompanying maps and studies the Planning Commission has determined that the Tentative Tract Map No. 5860, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if the Specific Plan No. 2 is amended to change the school site to Residential Planned Development with approval of Zoning Ordinance Amendment No. 2009-01 to allow for a Residential Planned Development at a density up to one (1) unit per 6.1 acres. S'.\Community DevelopmentDEV PMTS\R P D\Pardee Moorpark Highlands\PA 7 School Site\ResolutionswC_Reso_RPD 0& 02_TTM5860_PA_7 100528.doc Sq Resolution No. PC-2010- Page 3 B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if the Specific Plan is amended to change the school site to Residential Planned Development to allow for a density up to one (1) unit per 6.1 acres. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development of one (1) unit per 6.1 acres, in that all City Development standards would be met by the proposed project while preserving 2.8 acres of the project site as landscaped open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design, conditions, or implementation of approved mitigation measures as adopted with the original final Environmental Impact Report (SCH# 96041030) for the project, as presented in the Addendum to the Final EIR for Specific Plan No. 2. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that access easements are provided into Tract 5860 and use of the public streets developed with Tract 5045 to the north and west of the site have been identified and incorporated in the design of this project. H. 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. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 785 and 850 feet, away from any public waterways. S:\Community Development\DEV PMTS\R P D\Pardee Moorpark Highlands\PA 7 School Site\Resalutions\PC Reso RPD 09- 02 TTM5860 PA 7 100528.tloc 60 Resolution No. PC-2010- Page 4 SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Residential Planned Development No. 2009-02, Tentative Tract Map No. 5860, Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands, Zoning Ordinance Amendment No. 2009-01 and Development Agreement No. 2009-01 subject to the special and standard Conditions of Approval for Residential Planned Development No. 2009-02 and Tentative Tract Map No. 5860 included in Exhibit A,(Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 15th day of June, 2010. Bruce Hamous, Chair David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval S:\Community Development\DEV PMTS\R P D\Pardee Moorpark Highlands\PA 7 School Site\Resolutions\PC_Reso_RPD_09- 02_TTM5860 PA 7 100528.doc 61 Resolution No. PC-2010- Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMINT NO. 2009-02 AND TRACT NO. 5860 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a master plotting plan must demonstrate that for house floor plans 2, 3 and 4, there are no less than 20% or no more than 40% of any one of the floor plan, to the satisfaction of the Community Development Director. 2. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a master plotting plan must demonstrate that at least three architectural styles, (i.e. Early California, Craftsman, French and Italian) must be provided per floor plan with no less than 20% nor more than 40% of any one architectural style used per floor plan, and side by side houses of the same floor plan must use different architectural styles to the satisfaction of the Community Development Director. 3. Prior to the issuance of the first building permit for a residential unit within Tract 5860, final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style, consistent with proposed design guidelines, to the satisfaction of the Community Development Director. 4. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a master plotting plan must demonstrate that no adjacent unites, (side by side) will be allowed to use the same colors and materials palette to the satisfaction of the Community Development Director. 5. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall submit garage door specifications, and the garage door designs must include paint treatment and be decorative sectional roll up garage doors, and must including garage window glazing, and the doors must be compatible with the architectural style of each home including the affordable residences, to the satisfaction of the Community Development Director. S:\Community DevelopmentlDEV PMTS P D1Pardee Moorpark Highlands\PA 7 School Site'Resolutions\PC_Reso RPD 0& 02 TTM5860_PA_7_100528.doc 62 Resolution No. PC-2010- Page 6 6. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall submit construction plan details for plan check and the for trim on the ground floor levels of the homes must be constructed of durable materials, (i.e. wood window trim or 14" minimum cementous stucco coat over foam), to the satisfaction of the Community Development Director. 7. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the secondary access must be designed with radius curb returns on both ends of the proposed second access, (residential driveway aprons are prohibited); and, the grade on the second access must not exceed a six percent change in elevation within any ten-foot section and the final paving plan within the street section of the access must be decorative, including but not limited to the use of colored stamped concrete, paving stones or a combination thereof, to the satisfaction of the Public Works Director/City Engineer and Community Development Director. 8. Prior to the issuance of the first building permit for a residential unit within Tract 5860, landscaping plans for the areas adjacent to the secondary access must include enhanced landscaping with specimen species of trees and shrubs, and must be submitted to the satisfaction of the Landscape / Parks Maintenance Superintendent. 9. Prior to final occupancy of any homes within 200' of an "L" intersection with a modified knuckle, in order to improve the function of the modified knuckle design and to provide adequate width and curb radii to meet emergency vehicle requirements with the modified design, the inside curb cut through the radius, and an extra 15 feet into and out of the curb return, must be painted red by the applicant to prohibit parking around curves, and this design must be shown on the private street improvement plans to the satisfaction of the Public Works Director/City Engineer and Community Development Director. 10.Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall provide a minimum of three standard plans demonstrating front yard decorative hardscape features and driveways, including but not limited to the use of decorative pavers, colored and stamped concrete, to be used for the construction of the front yard hardscape of the residential units to the satisfaction of the Community Development Director. 11.Prior to the issuance of occupancy for any residential unit within Tract 5860, the applicant shall install front yard landscaping for each residential property according to a front yard landscaping and irrigation plan which must be submitted to the satisfaction of the Landscape / Parks Maintenance Superintendent and the Community Development Director. 12.Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall include in the HOA maintenance budget and prepare CC&Rs to address the following: S:Community DevelopmentDEV PMTS P D\Pardee Moorpark Highlands\PA 7 School Site\Resolutions\PC_Reso_RPD_09- 02_TTM5860_PA_7_100528.doc 63 Resolution No. PC-2010- Page 7 a. the HOA maintenance of the residential front yards, to be included in the CC&Rs; b. the HOA maintenance of the painted red curbs on private streets within Tract 5860, including a requirement that the red curbs be painted no less than annually by the HOA, to be included in the CC&Rs; c. a disclosure to be included in the CC&Rs to notify any potential buyer of any property within Tract 5860 adjacent to the public park, disclosing to the potential buyer information that the park is publicly open and accessible until 10:00PM and includes sport court lighting available until 10:00PM; d. a disclosure to be included in the CC&Rs to notify any potential buyer of any property adjacent to multi use trail easements within Tract 5860, to disclose that the multi-use trail is publicly open and accessible; e. the language of the CC&Rs and disclosures must be submitted to the City Attorney for review, with an initial $2,000.00 deposit to cover review costs; f. and the language of the CC&Rs must be determined acceptable by the Community Development Director and the City Attorney and recorded with the Ventura County Recorder's Office. 13.Prior to recordation of Final Map, the applicant shall create sub-landscape maintenance district for annexation into the existing Moorpark Highlands Landscaping Maintenance District, incorporating all landscape areas of Tract 5860, that are visible from public rights of way, including but not limited to the frontages of Elk Run Loop and Ridgecrest drive, including the slopes adjacent to Ridgecrest Drive, and the easement for the Multi-use trail and landscaping, providing the connection to the Mammoth Highlands park and areas visible from SR-23 alternate route, to the satisfaction of the Public Works Director/City Engineer, Parks and Recreation Director, and Community Development Director. 14.Prior to issuance of the building permit for the one-hundredth (100th) residential unit, the applicant shall provide additional roadway improvements to the Elk Run Loop public right-of-way between Ridgecrest Drive and Grottoes Way in the form of a raised landscaped median to the satisfaction of the Public Works Director/City Engineer and Community Development Director. 15.Prior to the issuance of the first building permit for a residential unit within Tract 5860, a decorative wall must be installed along the south property line, to be a minimum of 6.5' tall wall due to lots be located adjacent to public park location, with wall plans being submitted for review, to the satisfaction of the Community Development Director. 16.Prior to the issuance of the first building permit for a residential unit within Tract 5860, a decorative fence plan for the private recreation facility must be submitted for review, to the satisfaction of the Community Development Director. 17.Prior to issuance of the building permit for the one-hundredth (100th) residential unit, the applicant must construct a sound wall along the right-of-way for SR-23 alternate S.\Community Development\DEV PMTS\R P D\Pardee Moorpark Hghlands'PA 7 School Site\Resolutions'PC_Reso_RPD_09- 02TTM5860_PA_7_100528.doc 64 Resolution No. PC-2010- Page 8 route, consistent with review and approval of an acoustical assessment and sound wall plan, demonstrating the location, decorative materials and height of the sound wall to the satisfaction of the Public Works Director/City Engineer and Community Development Director. The City may at its discretion accept a deposit for the estimated cost of the construction of this soundwall in lieu of the construction. 18.Prior to the issuance of the first building permit for a residential unit, that applicant shall submit improvement plans providing for the replacement of Specific Plan required Class I Bike Path on the northern side of Planning Area No. 7, with an 8- foot Class II Bike Path on the northern and southern sides of Ridgecrest Drive and along the western frontage of the project site on Elk Run Loop, with design specifications to the satisfaction of the Public Works Director/City Engineer, Parks and Recreation Director, and Community Development Director. 19.Prior to the issuance of the building permit for the 100th housing unit, the applicant shall improve and dedicate to the City a 12 foot wide multipurpose trail within a minimum twenty-five foot wide easement from Ridgecrest Drive to the Mammoth Highlands Park. The trail improvements shall consist of trail fencing, trail bollard lighting, decomposed granite trail surface, and landscaping on both the east and west sides of the trail consisting of 24-inch box trees and 5-gallon shrubs, along with trees screening the easterly fence of Moorpark Highlands Park. The plan for the multi use trail must comply with Federal, State and Local accessibility codes and ordinances and the design of the trail connections shall be to the satisfaction of the Public Works Director/City Engineer, Parks and Recreation Director, and Community Development Director. - End - S:\Community Development\DEV PMTS'R P D\Pardee Moorpark Hghlands\PA 7 School Site\Resolutions\PC_Reso_RPD_09- 02_TTM5860_PA_7_100528 doc 65