HomeMy WebLinkAboutAGENDA REPORT 2013 0904 CCSA REG ITEM 08C ITEM 8.C.
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AGENDA REPORT 4013--i
TO: Honorable City Council GLf
FROM: David A. Bobardt, Community Development Directo
Prepared By: Joseph R. Vacca, Principal Planner
DATE: August 28, 2013, (Meeting of 09/4113)
SUBJECT: Consider 1) Resolution Adopting a Negative Declaration; 2) Ordinance
Approving Zoning Ordinance Amendment No. 2013-03 to Amend
Chapters 17.12 (Establishment of Zones Boundaries and Maps) and
17.20 (Uses By Zone), and to Add Chapter 17.76 (Residential Planned
Development 20 Units to the Acre [RPD-20U-N-D]), to the Moorpark
Municipal Code; 3) Resolution Approving General Plan Amendment No.
2013-01; and Amendment No.2 to Specific Plan No. 1995-01 (Downtown
Specific Plan) on a 1.36 Acre Site, Located at the Southeast Corner of
Moorpark Avenue and Everett Street; 4) Ordinance Approving Zone
Change No. 2013-01, Approving a Zone Change of a 23.44 Acre Site,
Located within the Southeastern Portion of Specific Plan 1, Hitch Ranch
Specific Plan, a Zone Change of a 1.36 Acre Site, Located at the
Southeast Corner of Moorpark Avenue and Everett Street; and a Zone
Change of a 1.34 Acre Site, Located at the Southeastern End of Majestic
Court, All to Residential Planned Development 20 Units to the Acre,
(RPD20U-N-D) Zone.
BACKGROUND/DISCUSSION
Under state law, the City was required to prepare a Housing Element update for the 2008-
2014 planning period. The City Council held a public hearing on May 16, 2012, to review
the Draft Housing Element Update 2008-2014 and approved Resolution No. 2012-3105,
adopting the Housing Element Update 2008-2014 as one of the mandatory elements of the
City's General Plan. The goals and policies of the Housing Element are implemented
through housing programs coordinated by the City's Community Development Department
and the Successor Agency of the Redevelopment Agency of the City of Moorpark. There
are several programs that Moorpark is required to implement to address housing needs
within the community. This application is intended to implement Housing Element Program
Nos. 3 and 17.
40
Honorable City Council
September 4, 2013
Page 2
Staff initiated a Zoning Ordinance Amendment to complete the programs outlined above.
On July 17, 2013, the City Council adopted Resolution No. 2013-3204 which directed staff
and the Planning Commission to study, hold a public hearing and provide a
recommendation to the City Council on a General Plan Amendment, a Downtown Specific
Plan Amendment, a Zone Change of at least 25.8 total acres of land to Residential
Planned Development 20 Units to the Acre, (RPD20U-N-D), and amendments to Title 17
(Zoning)of the Moorpark Municipal Code regarding development of a RPD20U-N-D zone,
to allow development of 20 units per acre, at various locations to be determined throughout
the City, on the application of the City of Moorpark, consistent with State law, the City's
General Plan and other provisions of the City's Zoning Ordinance.
ANALYSIS
General Plan Amendment No. 2013-01; Amendment No. 2 to Downtown Specific
Plan and Zone Change No. 2013-01
There are currently no vacant or underutilized sites in Moorpark with zoning that allows
residential development at densities of 20 units or greater per acre, excluding density
bonus. Accordingly, the City must rezone at least 25.8 acres of land to accommodate the
development of 516 lower-income units at a density of 20 units per acre commensurate
with the City's Regional Housing Needs Assessment, (RHNA). Housing Element Program
3, requires the City to identify parcels totaling at least 25.8 acres to be rezoned to allow
multi-family residential development by-right at a density of 20 units per acre to meet the
City's obligations under the RHNA for the 2008-2014 planning period. This application filed
by the City, applies to three project sites, which will be rezoned to RPD20U-N-D as follows:
Project Locations: ➢ 23.44 acre site — southeast area of Specific Plan 1, Hitch
(Reflected on Location Ranch Specific Plan, just west of the bus turnaround for
Map,Attachment 1) Walnut Canyon School.
➢ 1.36 acre site —southeast corner of Moorpark Avenue and
Everett Street, just east of City Hall. This project site is City
owned.
➢ 1.34 acre site — southeastern end of Majestic Court, just
southeast of the Fountains Apartment project. This project
site is City owned.
➢ 26.14 total acres proposed for re-zone to RPD20U-N-D
General Plan and Zoning Consistency:
General Plan Amendment (GPA) No. 2013-01, Amendment No. 2 to Downtown Specific
Plan: The GPA is proposed on the 1.36 acre site (four properties combined), located at the
southeast corner of Moorpark Avenue and Everett Street, which also includes an
Amendment No. 2 to Specific Plan 1995-01, (Downtown Specific Plan), to change the
existing Office, Public/Institutional and Medium Density Residential general plan and
specific plan land use designations of these properties to a Very High Residential general
plan and specific plan land use designation on all these properties. The proposed land use
designations are comparable with the combined intensities of land uses currently allowed
at this site under the existing Office, Public/Institutional and Medium Density Residential
general plan land use designations.
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Honorable City Council
September 4, 2013
Page 3
Zone Change(ZC) No. 2013-01: These three project sites were selected fora zone change
to RPD20U-N-D zone because higher density residential, or more intensive development
such as commercial, office or institutional land uses and developments, have always been
considered appropriate at these locations based on the existing general plan and specific
plan land use designations. Therefore, staff believes the General Plan Amendment,
Amendment to the Downtown Specific Plan and Re-zoning of the sites are appropriate and
based on the proposed development standards in the RPD20U-N-D zone.
Zoning Ordinance Amendment No. 2013-03
The Housing Element, Program 17- Efficient Project Processing R-P-D zone and Planned
Development Permit Process, calls for an update to the review process for Residential
Planned Development Permits. The RPD Zone designation provides flexibility in the
development process to meet specific housing needs. The RPD Zone designation offers
various densities that can be tailored to the lot, nature of the development, and local
housing needs. The RPD Zone provides a mechanism for the development of higher-
density housing (20 dwelling units per acre) in the City. In order to further reduce
processing time, a Zoning Ordinance Amendment No. 2013-01 was initiated to create
development standards for construction of multifamily housing on these properties and to
make the following changes to the existing Planned Development Permit process for
RPD20U-N-D zoned property:
1) Designate the Planning Commission as the final approval authority(rather than
City Council); and
2) Modify required findings for approval to confirm that the project complies with
objective development and design standards; and, would therefore be allowed
"by right" by the Planning Commission when in compliance with the
requirements and regulations of the RPD20U-N-D development standards.
Therefore, the project includes a Zoning Ordinance amendment to add Chapter 17.76 to
the City's Zoning Ordinance to create the Residential Planned Development 20 units to the
acre (RPD20U-N-D) zone to allow for development of multi-family housing as a permitted
use, in accordance with objective development standards and not subject to discretionary
review, generally outlined as follows:
➢ It creates a consistency determination process where the Planning Commission is
the final decision maker on a planned development permit application, in this zone.
➢ It includes development standards to address minimum lot size, density, site
planning, architecture, air quality, archeological and paleontological resources,
grading, hydrology and storm water quality.
➢ It includes requirements for payment of development fees to offset potential costs of
future developments; including parks, fire protection, library, police and traffic
improvement fees.
The Zoning Ordinance amendment also includes conforming changes to Chapters 17.12
and 17.20 to refer to the new Zoning designation and uses permitted by Chapter 17.76.
42
Honorable City Council
September 4, 2013
Page 4
On August 27, 2013, the Planning Commission considered and recommended to the City
Council approval of the proposed GPA No. 2013-01, Amendment No. 2 to Downtown SP,
ZC No 2013-01 and ZOA No. 2013-03. The attached Planning Commission staff report
contains a more detailed description of the proposed amendments and changes. Upon
consideration and review of the application, the Planning Commission accepted testimony
from four public speakers, two of which questioned the application and the other two
supporting the application. Dennis Hardgrave, representative of Hitch Ranch property
owners was one of the speakers and he provided recommended language on the
development standards for the setbacks. In reviewing Mr. Hardgrave's proposal, staff
determined that his proposed language contained discretionary review. Therefore, staff
has maintained the language originally drafted on setback development standards,
because the standards can be objectively reviewed and determined to be consistent to
ordinance requirements, without involving discretionary analysis. After closing the public
hearing, the Planning Commission unanimously recommended approval of the application
to the City Council.
The City Attorney's office has reviewed the staff reports, and draft resolutions and
ordinances recommending to the City Council adoption of the Negative Declaration; and
approval of General Plan Amendment No. 2013-01; Amendment No. 2 to Downtown
Specific Plan and Zone Change No. 2013-01; and, the recommendation to adopt Zoning
Ordinance Amendment No. 2013-03, and has determined that the changes are acceptable
and do not conflict with Federal or State Law.
PROCESSING TIME LIMITS
Since this is an action initiated by the City, the 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) are not applicable.
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,
43
Honorable City Council
September 4, 2013
Page 5
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation cannot be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has prepared or supervised the preparation of an Initial Study to assess the
potential significant impacts of this project. Based upon the Initial Study, the Director has
determined that there is no substantial evidence that the project or any of its aspects may
cause a significant effect on the environment and has prepared a Negative Declaration for
City Council review, consideration and adoption.
FISCAL IMPACT
None
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
2. Adopt Resolution No. 2013- , adopting the Negative Declaration;
3. Introduce Ordinance No. , approving Zoning Ordinance Amendment No. 2013-
03, for first reading, waive full reading, and place this ordinance on the agenda for
an adjourned regular meeting to be held at 7:00 p.m on September 11, 2013 for
purposes of providing second reading and adoption of the ordinance;
4. Adopt Resolution No. 2013- approving General Plan Amendment No. 2013-01,
and Amendment No. 2 to Specific Plan No. 1995-01;
5. Introduce Ordinance No. , approving Zoning Change No. 2013-01, for first
reading,waive full reading, and place this ordinance on the agenda for an adjourned
regular meeting to be held at 7:00 p.m on September 11, 2013 for purposes of
providing second reading and adoption of the ordinance.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. August 27, 2013 Planning Commission Agenda Report (Without Attachments)
4. Resolution No. 2013- , adopting the Negative Declaration
5. Ordinance No. , approving Zoning Ordinance Amendment No. 2013-03
6. Resolution No. 2013- approving General Plan Amendment No. 2013-01, and
Amendment No. 2 to Specific Plan No. 1995-01
7. Ordinance No. , approving Zoning Change No. 2013-01.
8. Zoning Map (11" x 17" copy) — Under Separate Cover
44
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared By: Joseph R. Vacca, Principal Planner
DATE: July 24, 2013, (Meeting of 08/27/13)
SUBJECT: Consider Recommending to the City Council the Approval of General
Plan Amendment No. 2013-01; Amendment No. 2 to Specific Plan No.
1995-01 (Downtown Specific Plan); Zone Change No. 2013-01; and
Zoning Ordinance Amendment No. 2013-03, consisting of a Zone
Change of a 23.44 Acre Site, Located Within the Southeastern Portion
of Specific Plan 1, Hitch Ranch Specific Plan; a General Plan
Amendment and Amendment No. 2 to Specific Plan 1995-01; and a Zone
Change on a 1.36 Acre Site, Located at the Southeast Corner of
Moorpark Avenue and Everett Street; and a Zone Change of a 1.34 Acre
Site, Located at the Southeastern End of Majestic Court. The Project
Includes a Zoning Ordinance Amendment to Add Chapter 17.76 to the
City's Zoning Ordinance to Create the Residential Planned
Development 20 Units to the Acre, (RPD20U-N-D) Zone to Allow for
Development of Multi-Family Housing as a Permitted Use in accordance
with Objective Development Standards and Not Subject to Discretionary
Review,to Ensure Compliance with the Adopted Housing Element,and
Consistency with Federal and State Law; and Consider Recommending
the Adoption of a Negative Declaration.
BACKGROUND/DISCUSSION
Under state law, the City is required to prepare a Housing Element update for the 2008-
2014 planning period. A Draft Housing Element was prepared and reviewed by the City
Council on October 6, 2010. Following review by the City Council, the Draft Housing
Element was submitted to the California Department of Housing and Community
Development(HCD)for review. After a series of discussions between City staff and HCD
and revisions to the draft element, on January 31, 2012, a letter was received from HCD
stating that the draft element addresses statutory requirements. The Planning Commission
reviewed the Draft Housing Element for the 2008-2014 planning period on March 27, 2012,
and adopted PC Resolution No. 568, recommending its adoption to the City Council. The
City Council held a public hearing on May 16, 2012, to review the Draft Housing Element
CC ATTACHMENT 3 47
Honorable Planning Commission
August 27, 2013
Page 2
Update 2008-2014 and approved Resolution No. 2012-3105, adopting the Housing
Element Update 2008-2014 as one of the mandatory elements of the City's General Plan.
The goals and policies of the Housing Element are implemented through housing programs
coordinated by the City's Community Development Department and the Successor Agency
of the Redevelopment Agency of the City of Moorpark. There are several programs that
Moorpark is required to implement to address housing needs within the community. The
following tables provide a summary of Housing Element Program Nos. 3 and 17, and the
six-year objective to implement the program, as outlined in the Housing Element; provided
as follows:
3. Sites to Accommodate Fair-Share Housing Needs Six-Year
Vacant or underutilized sites offer opportunities for residential development and achieve lower- Objective:
income housing goals, as identified by the RHNA. In the past several years,developers have By 2012,
initiated both the conversion of commercial sites for residential use,and the up-zoning of low- create a new
density residential sites for higher-density development.Zoning amendments have resulted in RPD-20 zoning
development of the Archstone project, Shea Homes Tract 5425, and the CEDC Monte Vista district and
project. Other projects where zoning has been modified to allow for affordable housing rezone at least
opportunities that have not yet been built include the Pacific Communities project,the Essex 25.8 acres of
apartment project, William Lyon Home 17-unit affordable project,Area Housing Authority land at a
Apartment project, and the Pardee School Site project. Other projects are under consideration. density of 20
As shown in Appendix B,the City's lower-income need is 655 units and a total of 139 new units per acre.
lower-income units have been built or approved since the beginning of the new planning
period.Additional sites to accommodate at least 516 lower-income units are needed in order to
meet RHNA requirements.While pending projects and vacant sites contain sufficient potential
to accommodate this remaining need,a new RPD-20 zoning district will be established and
additional sites with a minimum of 25.8 total acres will be rezoned to this designation that
allows owner-occupied and multi-family rental residential development by-right at a density of
20 units/acre in order to ensure adequate capacity to accommodate the City's fair-share needs
during this planning period. Rezoned sites to accommodate the remaining lower-income need
will be provided in pending projects identified in Table B-2 of Appendix B, primarily in the Hitch
Ranch, Chiu, and Pacific Communities projects.Zoning for these projects shall meet all the
requirements of Government Code Sec. 65583.c.1.,which include the following:
•Permit a minimum density of 20 units/acre.
*Permit a minimum of 16 units per site.
*Accommodate at least 50%of the units on sites designated for residential use only.
For projects that require subdivision or lot consolidation prior to development,the City will
facilitate this process through expedited or concurrent processing of the required approvals.
Since most affordable housing developments occur on sites of 2 to 10 acres, the City will
prioritize rezoning and subdivision of sites that can accommodate developments of this size. In
order to enhance the likelihood of affordable housing development in these projects,the City
will take the following actions:
• Contact affordable housing builders regarding development opportunities in these
projects, and convene meetings between the master developer and interested builders, if
requested.
•Offer incentives and concessions for affordable housing projects such as expedited
processing, reduced development standards,administrative assistance with funding
applications such as Low-Income Housing Tax Credits,and fee waivers or reductions if feasible.
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Honorable Planning Commission
August 27, 2013
Page 3
17. R-P-D Zone Designation and Planned Development Permit Process Six-Year
The R-P-D Zone designation provides flexibility in the development process to meet specific Objective:
housing needs.The R-P-D Zone designation offers various densities that can be tailored to the Continue to
lot, nature of the development, and local housing needs. The R-P-D Zone provides a use the R-P-D
mechanism for the development of higher-density housing(up to 20 du/ac)and can be coupled Zone
with a density bonus,financial and regulatory incentives to provide affordable housing. designation to
In order to further reduce processing time a Zoning Code amendment will be initiated to make encourage a
the following changes to the Planned Development Permit process: variety of
1) Designate the Planning Commission as the final approval authority(rather than City housing types
Council); and to address
local needs.
2) Modify the required findings for approval to confirming that the project complies with Process a
objective development and design standards. Code
amendment by
2012.
Staff initiated a Zoning Ordinance Amendment to complete the programs outlined above.
On July 17, 2013, the City Council adopted Resolution No. 2013-3204 which directed staff
and the Planning Commission to study, hold a public hearing and provide a
recommendation to the City Council on a General Plan Amendment, a Downtown Specific
Plan Amendment, a Zone Change of at least 25.8 total acres of land to Residential
Planned Development 20 Units to the Acre, (RPD20U-N-D), and amendments to Title 17
(Zoning) of the Moorpark Municipal Code regarding development of a RPD20U-N-D zone,
to allow development of 20 units per acre, at various locations to be determined throughout
the City, on the application of the City of Moorpark, consistent with State law, the City's
General Plan and other provisions of the City's Zoning Ordinance.
ANALYSIS
There are currently no vacant or underutilized sites in Moorpark with zoning that allows
residential development at densities of 20 units or greater per acre, excluding density
bonus. Accordingly, the City must rezone at least 25.8 acres of land to accommodate the
development of 516 lower-income units at a density of 20 units per acre commensurate
with the City's Regional Housing Needs Assessment, (RHNA). Program 3 of the Housing
Element requires the City to identify parcels totaling at least 25.8 acres to be rezoned to
allow multi-family residential development by-right at a density of 20 units per acre to meet
the City's obligations under the RHNA for the 2008-2014 planning period. This application
filed by the City, applies to three project sites, which will be rezoned to RPD20U-N-D as
follows:
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Honorable Planning Commission
August 27, 2013
Page 4
Project Locations: ➢ 23.44 acre site — southeast area of Specific Plan 1, Hitch
(Reflected on Location Ranch Specific Plan, just west of the bus turnaround for
Map,Attachment 1) Walnut Canyon School.
➢ 1.36 acre site —southeast corner of Moorpark Avenue and
Everett Street, just east of City Hall. This project site is City
owned.
➢ 1.34 acre site — southeastern end of Majestic Court, just
southeast of the Fountains Apartment project. This project
site is City owned.
➢ 26.14 total acres proposed for re-zone to RPD20U-N-D
Project Setting
Existing Site Conditions:
0 23.44 acre site — southeast area of Specific Plan 1, Hitch Ranch Specific Plan, this
property is vacant and consists of gently sloping terrain, covered mostly with non-
native grasses and some trees.
0 1.36 acre site—southeast corner of Moorpark Avenue and Everett Street,this property
had been developed with single family homes and institutional/office buildings, and is
mostly vacant and consists of primarily flat terrain, covered generally with non-native
grasses. There are one office and one institutional structures remaining on-site.
0 1.34 acre site — southeastern end of Majestic Court, just southeast of the Fountains
Apartment project, vacant and consists of mostly flat terrain, covered mostly with non-
native grasses.
GENERAL PLAN/ZONING 23.44 Acre Site
Direction General Plan Zoning Land Use
Specific Plan 1 — Agricultural
Site Hitch Ranch Vacant land
Specific Plan Exclusive, (A-E)
.-___-......._.._....__.._...__.. _...__..._........_..P.........._ ......-- ......................___.._................._................................
......_..._.._.......__......._... _._.
Specific Plan 1 — Agricultural
North Hitch Ranch Vacant land
P
S ecifc Plan Exclusive, (A-E)
..
Specific Plan 1 — Agricultural
South Hitch Ranch Vacant land
Specific..Plan Exclusive, (A-E)
_
.......................................__ .._.._..._ .._... .._.......__._. .............._._______
Specific Plan 1 — Agricultural
East Hitch Ranch Vacant land
Specific Plan
Exclusive, (A-E)
_..__...........__........ .... ..._.... . -- - -..
Specific Plan 1 — Agricultural
West Hitch Ranch Vacant land
Specific Plan Exclusive, (A-E)
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Honorable Planning Commission
August 27, 2013
Page 5
General Plan and Zoning Consistency:
The proposed re-zoning of the 23.44 acre site within the southeastern portion of Specific
Plan 1, Hitch Ranch Specific Plan property from Agricultural Exclusive, (Specific Plan 1),to
Residential Planned Development 20 units to the acre (RPD20U-N-D) zone, (remaining
within Specific Plan 1), is proposed to allow for development of multi-family housing as a
permitted use and not subject to discretionary review. This proposed zoning is consistent
with the intensity of land use, and with the range of residential development densities,
already allowed under the existing Specific Plan 1 general plan land use designation of the
property, and under the current Hitch Ranch Specific Plan area designation.
GENERAL PLAN/ZONING 1.36 Acre Site
Direction General Plan Zoning Land Use
Commercial
Office, (CO);
Office; Vacant land, an
Public/Institutional, Institutional, (1); office, and garage
Site and Medium and Single associated with prior
Density Residential Family Office and
(4DU/AC) Residential (R1) Institutional uses
and Downtown
Specific Plan
overlay zone
........ ......... _ _...._. .......
High Densit y Residential
Residential Planned
North (7DU/AC) and Development 7- Vacant land and
Medium Density 14 units / acre single family homes
Residential (RPD-7-14U)
(4DU/A C)............... .. . ....._.._and R-1
Office and Medium Commercial Vacant land, a dental
South Density Residential Office and R-1 office and single
(4DU/AC) family homes
Medium Density Vacant land, single
East Residential R-1 family home and
........_ _ _
DU/AC) church
West Public/Institutional Institutional City Hall
General Plan and Zoning Consistency:
The proposed re-zoning of the 1.36 acre site (four properties combined), located at the
southeast corner of Moorpark Avenue and Everett Street, from the existing Institutional,
Commercial Office and Single Family Residential zones, to Residential Planned
Development 20 units to the acre (RPD20U-N-D) zone to allow for development of multi-
family housing as a permitted use and not subject to discretionary review. Staff is
proposing a General Plan Amendment on this project site, which also includes an
Amendment No. 2 to Specific Plan 1995-01, (Downtown Specific Plan), to change the
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Honorable Planning Commission
August 27, 2013
Page 6
existing Office, Public/Institutional and Medium Density Residential general plan and
specific plan land use designations of these properties to a Very High Residential general
plan and specific plan land use designation on all these properties. The proposed land use
designations are comparable with the combined intensities of land uses currently allowed
at this site under the existing Office, Public/Institutional and Medium Density Residential
general plan land use designations.
GENERAL PLAN/ZONING 1.34 Acre Site
Direction General Plan Zoning Land Use
Very High Residential
Density Planned
Site Residential Development 15 Vacant land
(15DU/AC) units / acre
(RPD15u)
Very High Residential
Density Planned
North Residential Development 15 Condominiums
(15DU/AC) units / acre
(RPD15u).. _
Residential
Planned
South Floodway Development 15 Arroyo Simi
units / acre
(RPD15u)
..............
_
Very High Residential Attached townhomes
Density Planned (Shea), and a
East Residential Development 12 stormwater quality
(15DU/AC) units / acre basin
..............................._. _(RPD1.2u) ....._ ........_ _
Very High Residential
Density Planned
West Residential Development 15 Apartments
(15DU/AC) units / acre
RPD15u)
General Plan and Zoning Consistency:
The proposed zoning of the 1.34 acre site, approximately located at the southeastern end
of Majestic Court property from Residential Planned Development 15 units to the acre to
Residential Planned Development 20 units to the acre (RPD20U-N-D) zone to allow for
development of multi-family housing as a permitted use and not subject to discretionary
review, is consistent with the intensity of land use, and with the range of residential
development densities, already allowed under the existing Very High Density Residential
general plan land use designation of this property. This proposed zoning is consistent with
the intensity of land use, and with the range of residential development densities, already
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Honorable Planning Commission
August 27, 2013
Page 7
allowed under the existing very high density residential general plan land use designation
of the property.
These three project sites were selected for a zone change to RPD20U-N-D zone because
higher density residential, or more intensive development such as commercial, office or
institutional land uses and developments, have always been considered appropriate at
these locations based on the existing general plan and specific plan land use designations.
Therefore, staff believes the General Plan Amendment, Amendment to the Downtown
Specific Plan and Re-zoning of the sites are appropriate and based on the proposed
development standards in the RPD20U-N-D zone.
Zoning Ordinance Amendment No. 2013-03
The Housing Element, Program 17- Efficient Project Processing R-P-D zone and Planned
Development Permit Process, calls for an update to the review process for Residential
Planned Development Permits. The RPD Zone designation provides flexibility in the
development process to meet specific housing needs. The RPD Zone designation offers
various densities that can be tailored to the lot, nature of the development, and local
housing needs. The RPD Zone provides a mechanism for the development of higher-
density housing (20 dwelling units per acre) in the City. In order to further reduce
processing time, a Zoning Ordinance Amendment No. 2013-01 was initiated to create
development standards for construction of multifamily housing on these properties and to
make the following changes to the existing Planned Development Permit process for
RPD20U-N-D zoned property:
1) Designate the Planning Commission as the final approval authority(rather than
City Council); and
2) Modify required findings for approval to confirm that the project complies with
objective development and design standards; and,would therefore be allowed
"by right" by the Planning Commission when in compliance with the
requirements and regulations of the RPD20U-N-D development standards.
Therefore, the project includes a Zoning Ordinance amendment to add Chapter 17.76 to
the City's Zoning Ordinance to create the Residential Planned Development 20 units to the
acre (RPD20U-N-D) zone to allow for development of multi-family housing as a permitted
use, in accordance with objective development standards and not subject to discretionary
review. The Zoning Ordinance amendment also includes conforming changes to Chapters
17.12 and 17.20 to refer to the new Zoning designation and uses permitted by Chapter
17.76.
❖ Chapter 17.12 Establishment of Zones, Boundaries and Maps
Under section 17.12.010., Purpose and Establishment of Zones,the recommendation is to
add letter "S", to the list that establishes zones of the City, as reflected in Attachment 5,
Exhibit A, as follows:
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S. Residential Planned Development 20 Units Per Acre(non-discretionary) (RPD
20U-N-D) per Chapter 17.76.
❖ Amendments to Chapter 17.20
Moorpark Municipal Code Chapter 17.20 establishes the uses by zone in the City. The
recommendation, (as reflected in Attachment 5, Exhibit A), is to amend Table 17.20.050,to
add a new column labeled "RPD20U-N-D" and then to add a subparagraph (c) to
paragraph 5 (Dwellings, multiple-family) to read as follows:
(c) Residential Planned Development 20 units per acre (non-discretionary planned
development permit) pursuant to Chapter 17.76.
This subparagraph (c) shall be shown with the symbol "ZC" under the column RPD20U-N-
D to reflect that developments in the RPD20U-N-D zone are subject to Zoning Clearance
review.
❖ Addition of Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS
TO THE ACRE, (RPD 20U-N-D)
Proposed Purpose:
The purpose of this proposed additional chapter is to set forth development regulations
and standards, which have been established to provide criteria for the development of the
properties within the RPD20U-N-D zone to allow for development of affordable multi-family
housing as a permitted use and not subject to discretionary review or approval, and to
provide adequate separation for light, air, safety, and open space as well as to provide an
aesthetically pleasing environment in which to live, work, and recreate. Implementation of
the regulations and standards set forth in this chapter are intended to ensure that future
development is coordinated and consistent with the goals and policies of the downtown
specific plan and the City's General Plan, specifically the Housing Element.
The standards contained in this chapter provide for the arrangement, development, and
use of multi-family residential neighborhoods, open space areas, and recreational sites.
Application of these regulations and standards is intended to encourage the most
appropriate use of the land, create a harmonious relationship among land uses, provide
opportunities to construct affordable housing and protect the health, safety, and general
welfare of the community.
Proposed Application Procedures and Consistency Determinations:
A Planned Development(PD) permit is required prior to initiation of uses and structures in
the RPD20U-N-D zone, as specified in the proposed amendments to Chapter 17.20. A PD
permit application is subject to compliance with the development standards of the
RPD20U-N-D zone and shall be a permitted use not subject to discretionary review or
approval if determined to be in compliance with the development standards of the
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RPD20U-N-D zone. The Planning Commission shall hold at least one public meeting on
any PD permit application in this zone. A PD permit shall be approved by resolution if the
Planning Commission determines that:
1. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, satisfies the objective
requirements of the general plan, zoning ordinance, and any other applicable
ordinances, or Federal or State regulations; and
2. The project complies with the development standards in chapter 17.76.
Following the public meeting, pursuant to Section 17.44.030(B)(1), a Zoning Clearance
review and approval by the Community Development Director shall be required before a
building permit may be issued for any development in the RPD20U-N-D zone.
Proposed Development Standards:
o Minimum lot area: 0.75 (three quarters) of an acre (32,670 square feet).
o Density: 20 units per acre with a minimum of 16 units per site. Subsections (2) and (3)
of Section 17.64.030(B) allowing for a density bonus exceeding the density bonus
required by State law shall not apply to the RPD20U-N-D zone.
o Building Setbacks:
a. Front setback: Minimum. landscaped setback of twenty (20) 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 multiple-family dwelling unit on an interior
lot shall be five (5) feet. Minimum for a multiple-family dwelling unit
adjacent to a street is fifteen (15) 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 multiple-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, carports, or for detached accessory structures, the minimum
required rear setback is five (5) feet.
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d. Mechanical equipment: Must be located in the rear yard with a minimum
five (5) foot setback from any side or rear property line and must be
screened with a decorative masonry wall or landscaping; or must be
located below the lowest parapet roof so equipment will not be visible
from offsite, subject to criteria under Roofs below.
• Maximum building height:
a. Thirty-five (35) feet for dwelling units;
b. Fifteen (15) feet for a patio cover, carport or accessory structure;
c. Second story decks or balconies are prohibited within fifteen (15) feet of
any property line.
• Fences and Walls. Fences and walls 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.
• Lighting. Lighting shall comply with Chapter 17.30 of the City of Moorpark Municipal
Code.
• Parking. Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal
Code.
• Signage. Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal
Code.
• Archeological Mitigation Plan. If any archeological or historical finds are uncovered
during grading or excavation operations, all grading or excavation shall immediately
cease in the immediate area and the find must be left untouched. The applicant, in
consultation with the project paleontologist or archeologist, shall assure the
preservation of the site and immediately contact the Community Development Director
by phone, in writing by email or hand delivered correspondence informing the Director
of the find. In the absence of the Director, the applicant shall so inform the City
Manager. The applicant shall be required to obtain the services of a qualified
paleontologist or archeologist, whichever is appropriate, to recommend disposition of
the site. The paleontologist or archeologist selected must be approved in writing by
the Community Development Director. The applicant shall pay for all costs associated
with the investigation and disposition of the find.
• Paleontological Mitigation Plan. Prior to issuance of a Zoning Clearance for a grading
permit, a paleontological mitigation plan outlining procedures for paleontological data
recovery must be prepared and submitted to the Community Development Director for
review and approval. The development and implementation of this Plan must include
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consultations with the Applicant's engineering geologist as well as a requirement that
the curation of all specimens recovered under any scenario will be through the Los
Angeles County Museum of Natural History (LACMNH). All specimens become the
property of the City of Moorpark unless the City chooses otherwise. If the City accepts
ownership, the curation location may be revised. The monitoring and data recovery
should include periodic inspections of excavations to recover exposed fossil materials.
The cost of this data recovery is limited to the discovery of a reasonable sample of
available material. The interpretation of reasonableness rests with the Community
Development Director.
• Air Quality. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor),
and particulate matter(aerosols/dust) generated during construction operations must
be minimized in accordance with the City's standards and the standards of the Ventura
County Air Pollution Control District (APCD). When an air pollution Health Advisory
has been issued, construction equipment operations (including but not limited to
grading, excavating, earthmoving, trenching, material hauling, and roadway
construction) and related activities must cease in order to minimize associated air
pollutant emissions.
• Indemnification. The applicant shall defend, indemnify and hold harmless the City and
its agents, officers and employees from any claim, action or proceeding against the
City or its agents, officers or employees to attack, set aside, void, or annul any
approval by the City or any of its agencies, departments, commissions, agents,
officers, or employees concerning this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government Code
Section 66499.37 or other sections of state law as applicable and any provision
amendatory or supplementary thereto. The City will promptly notify the applicant of any
such claim, action or proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the applicant shall not thereafter be responsible to
defend, indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the
defense of any such claim, action or proceeding if both of the following
occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the settlement is
approved by the applicant. The applicant's obligations under this condition
shall apply regardless of whether a building permit is issued pursuant to the
planned development permit.
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• Clarification. All facilities and uses, other than those specifically requested in the
application and approval and those accessory uses allowed by the Municipal Code, are
prohibited unless otherwise permitted through application for modification consistent
with the requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
• Recreational Amenities. Residential planned development permit areas on properties
that have an average size of more than one and one half acre (65,340 square feet)
shall include private recreational amenities including but not limited to the following..
restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with
seating, and multipurpose play area field. Residential planned development permit
areas on properties that have an average size of less than one and one half acre
(65,340 square feet) shall include private recreational amenities including but not
limited to the following: play apparatus, picnic shelter, barbecue area with seating, and
multipurpose play area field.
• Eaves and Window Treatments and Surrounds. The eaves and window treatments
and surrounds on all sides of a structure shall match the eaves, window treatments
and surrounds on the front elevation, achieving four-sided architectural compatibility
with the chosen architectural style.
• 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, such
as a chimney or window.
• Colors. The paint colors shall be earth-toned, and match the chosen architectural style.
The paint treatment must be applied along all window surrounds and parapets with
varying colors, and on all wall facades of all elevations until commencement of wall
planes or other architecturally feasible termination point, such as a chimney or window.
Identification of coating or rust-inhibitive paint must be used for all exterior metal
building surfaces to prevent corrosion and release of metal contaminants into the
storm drain system.
• Roofs. The roofs shall be pitched roofs covered in concrete roofing tile or equivalent
with a minimum 3:12 pitch, or shall utilize decorative parapet roofing matching the
chosen architectural style, that shall be no lower than the tallest roof mounted
mechanical equipment. Roof-mounted equipment and other noise generation sources
on-site must be attenuated to 45 decibels (d BA) or to the ambient noise level at the
property line measured at the time of the occupancy, whichever is greater. This shall
be based on a city-approved noise study for the residential planned development that
shows that the current project attenuates all on-site noise generation sources to the
required level or provides recommendations as to how the project could be modified to
comply. The noise study must be prepared by a licensed acoustical engineer in
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accordance with accepted engineering standards. No exterior roof access ladders are
permitted.
• Durable Materials. The trim on the ground floor levels of the structures must be
constructed of durable materials, (i.e. wood window trim or 1/4" minimum cementous
stucco coat over foam).
• A utility room with common access to house all meters and the roof access ladder
must be provided
• Outdoor facilities. Any outdoor ground level equipment, facilities or storage areas
including, but not limited to loading docks, trash enclosures, cooling towers,
generators, must be architecturally screened from view with masonry wall and/or
landscaping. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), must be screened from street
view with a masonry wall and/or landscaping.
• Trash disposal. Trash disposal and recycling areas must be placed in locations which
will not interfere with circulation, parking or access to the building. Exterior trash areas
and recycling bins must use impermeable pavement and be designed to have a cover
and so that no other area drains into it. The trash areas and recycling bins must be
depicted on the final construction plans and drains from the disposal and recycling
areas must be connected to the sewer system.
• Grading, drainage and improvement plans and supporting reports and calculations
must be prepared in accordance with the latest California Building Code as adopted by
the City of Moorpark and in conformance with the latest "Land Development Manual"
and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and
"Design Manual" as promulgated by Ventura County Watershed Protection District;
"Standard Specifications for Public Works Construction" as published by BNI (except
for signs, traffic signals and appurtenances thereto which must conform to the
provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and
appurtenances thereto, of the"Standard Specifications,"most recent edition, including
revisions and errata thereto, as published by the State of California Department of
Transportation).
• Grading, drainage and improvement plans and supporting reports and calculations
must be prepared in accordance with the most recently approved "Engineering Policies
and Standards"of the City of Moorpark, and "Policy of Geometric Design of Highways
and Streets," most recent edition, as published by the American Association of State
Highway and Transportation Officials. In the case of conflict between the standards,
specifications and design manuals listed herein and above, the criteria that provide the
higher level of quality and safety prevail as determined by the City Engineer and Public
Works Director.
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o Engineering plans must be submitted on standard City title block sheets of 24-inch by
36-inch to a standard engineering scale representative of sufficient plan clarity and
workmanship.
o A 15-mile per hour speed limit must be observed within all construction areas.
o If any hazardous waste or material is encountered during the construction of this
project, all work must be immediately stopped and the Ventura County Environmental
Health Department, the Ventura County Fire Protection District, the Moorpark Police
Department, and the Moorpark City Engineer and Public Works Director must be
notified immediately. Work may not proceed until clearance has been issued by all of
these agencies.
o The applicant and/or property owner shall provide verification to the City Engineer and
Public Works Director that all on-site storm drains have been cleaned at least twice a
year, once immediately prior to October 1st (the rainy season) and once in January.
Additional cleaning may be required by the City Engineer and Public Works Director
depending upon site and weather conditions.
o All paved surfaces; including, but not limited to, the parking area and aisles, drive-
through lanes, on-site walkways must be maintained free of litter, debris and dirt.
Walkways, parking areas and aisles and drive-through lanes must be swept, washed
or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped
and collected to prevent entry to the storm drain system in accordance with NPDES
requirements.
o Prior to improvement plan approval, the applicant shall obtain the written approval on
approved site plan exhibit sheets for the location of fire hydrants by the Ventura
County Fire Prevention Division. Water and Sewer improvements plans must be
submitted to Ventura County Waterworks District No. 1 for approval.
o Prior to any work being conducted within any State, County, or City right-of-way, the
applicant shall obtain all necessary encroachment permits from the appropriate
agencies and provide copies of these approved permits and the plans associated with
the permits to the City Engineer and Public Works Director.
o The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary thereto, as
a standard requirement for construction noise reduction.
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• The applicant shall utilize all prudent and reasonable measures (including installation
of a 6-foot high chain link fence around the construction site(s) and/or provision of a
full time licensed security guard) to prevent unauthorized persons from entering the
work site at any time and to protect the public from accidents and injury.
• The applicant shall post, in a conspicuous location, the construction hour limitations
and make each construction trade aware of the construction hour limitations.
• All grading and drainage plans must be prepared by a qualified Professional Civil
Engineer currently registered and in good standing in the State of California and are
subject to review by the City Engineer and Public Works Director. Prior to or
concurrently with the submittal of a grading plan the applicant shall submit a soils
(geotechnical) report.
• Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and horizontal)
of contoured slopes must be provided to the satisfaction of the City Engineer, Public
Works Director and Community Development Director.
• Prior to the issuance of a grading permit or Final Map approval, whichever comes first,
the applicant shall post sufficient surety with the City, in a form acceptable to the City
Engineer and Public Works Director, guaranteeing completion of all onsite and offsite
improvements required by these Conditions of Approval and/or the Municipal Code
including, but not limited to grading, street improvements, storm drain improvements,
temporary and permanent Best Management Practice (BMP) for the control of non-
point water discharges, landscaping, fencing, and bridges. Grading and improvements
must be designed, bonded and constructed as a single project.
• Prior to the issuance of a grading permit or Final Map approval, whichever occurs first,
the applicant shall provide written proof to the City Engineer and Public Works Director
that any and all wells that may exist or have existed within the project have been
properly sealed, destroyed or abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per California Department of Conservation, Division of Oil,
Gas, and Geothermal Resources requirements.
• Prior to issuance of a grading permit, final approved soils and geology reports must be
submitted to the City Engineer and Public Works Director. The approved final report
must encompass all subsequent reports, addendums and revisions under a single
cover. Where liquefaction hazard site conditions exist, an extra copy of the final report
must be provided by the applicant to the City Engineer and Public Works Director and
be sent by the applicant to the California Department of Conservation, Division of
Mines and Geology in accordance with Public Resources Code Section 2697 within 30
days of report approval.
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• Prior to issuance of the grading permit, a grading remediation plan and report must be
submitted for review and approval of the City Engineer and Public Works Director. The
report must evaluate all major graded slopes and open space hillsides whose
performance could affect planned improvements. The slope stability analysis must be
performed for both static and dynamic conditions, using an appropriate pseudo-static
horizontal ground acceleration coefficient for earthquakes on faults, capable of
impacting the project in accordance with standard practice as outlined in DMG Special
Publication No. 117, 1997.
• Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as recommended in
the approved remediation plan and associated geotechnical report, such as placement
of a non-liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ
densification, or the excavation of a shear key below the base of the liquefiable zone.
Where liquefaction hazard site conditions exist, the applicant shall provide an extra
copy of the final report to the City Engineer and Public Works Director and shall send a
copy of the report to the California Department of Conservation, Division of Mines and
Geology in accordance with Public Resources Code Section 2697 within 30 days of
report approval.
• The project must comply with all NPDES requirements and the City of Moorpark
standard requirements for temporary storm water diversion structures during all
construction and grading.
• Prior to issuance of a grading permit, a qualified, currently registered Professional Civil
Engineer in good standing in the State of California shall be retained to prepare
Erosion and Sediment Control Plans in conformance with the currently issued Ventura
County Municipal Strom Water NPDES Permit. These Plans shall address, but not be
limited to, construction impacts and long-term operational effects on downstream
environments and watersheds. The Plans must consider all relevant NPDES
requirements and recommendations for the use of the best available technology and
specific erosion control measures, including temporary measures during construction
to minimize water quality effects to the maximum extent practicable. Prior to the
issuance of an initial grading permit, review and approval by the Community
Development Director and City Engineer and Public Works Director is required.
• Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the
currently adopted City of Moorpark Engineering Policies and Standards is required.
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• Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets, the
grading plan must include a slough wall, Angelus Standard slumpstone, color or other
alternative as determined by the Community Development Director, approximately 18
inches high, with curb outlet drainage to be constructed behind the back of the
sidewalk to prevent debris from entering the sidewalk or street. The wall must be
designed and constructed in conformance with the City's standard wall detail. All
material for the construction of the wall shall be approved by the City Engineer and
Public Works Director and Community Development Director. Retaining walls greater
than 18 inches in height must be set back two-feet (2) from the back of the sidewalk.
This two-foot (2) area must be landscaped and have no greater than a two percent
(2%) cross fall slope. The slough wall and landscaping design is subject to the review
and approval of the City Engineer and Public Works Director and Community
Development Director.
• Grading plans must include, but not be limited to entry walls and project identification
signs in accordance with City standards. Landscaping, appropriate to the entry, shall
be provided that will not interfere with sight-distance or turning movement operations.
The final design for the project entrance must be reviewed and approved by the
Community Development Director and the City Engineer and Public Works Director.
• During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable bedrock or
in-place material, and installation of all sub-drains including their connections. All fill
slope construction must be observed and tested by the project geotechnical engineer,
and the density test results and reports submitted to the City Engineer and Public
Works Director to be kept on file. Cuts and slopes must be observed and mapped by
the project geotechnical and civil engineers who will provide any required slope
modification recommendations based on the actual geologic conditions encountered
during grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification.
• Written weekly progress reports and a grading completion report must be submitted to
the City Engineer and Public Works Director by the project geotechnical engineers.
These reports must include the results and locations of all compaction tests, as-built
plans of all landslide repairs and fill removal, including geologic mapping of the
exposed geology of all excavations showing cut cross-sections and sub-drain depths
and locations. The lists of excavations approved by the engineering geologist must
also be submitted. Building permits will not be issued without documentation that the
grading and other pertinent work has been performed in accordance with the
geotechnical report criteria and applicable Grading Ordinance provisions.
• During grading, colluvial soils and landslide deposits within developed portions of the
properties must be re-graded to effectively remove the potential for seismically-induced
landslides in these materials. Additional buttressing, keying and installation of debris
benches must be provided in transition areas between non-graded areas and
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development as recommended in the final geotechnical reports by the project
geotechnical engineer.
• The recommendations for site grading contained in the final geotechnical reports must
be followed during grading unless modifications are submitted for approval by the
engineers-of-work and specifically approved in writing by the City Engineer and Public
Works Director.
• Temporary irrigation, hydroseeding and erosion control measures, approved by the
Community Development Director, City Engineer and Public Works Director, must be
implemented on all temporary grading. Temporary grading is defined to be any grading
partially completed and any disturbance of existing natural conditions due to
construction activity. These measures will apply to a temporary or permanent grading
activity that remains or is anticipated to remain unfinished or undisturbed in its altered
condition for a period of time greater than thirty (30) calendar days except that during
the rainy season (October 1 to April 15), these measures will be implemented
immediately.
• The maximum gradient for any slope must not exceed a 2:1 (horizontal-.vertical) slope
inclination except where special circumstances exist. In the case of special
circumstances, where steeper slopes are warranted, a registered soils engineer and a
licensed landscape architect will review plans and their recommendations will be
subject to the review and approval of the City Engineer, Public Works Director, and the
Community Development Director.
• All graded slopes steeper than 5:1 (horizontal-.vertical) must have soil amendments
added, irrigation systems installed and be planted in a timely manner with
groundcover, trees and shrubs (consistent with the approved landscape and irrigation
plans) to stabilize slopes and minimize erosion. Timely manner means that the slope
soil amendments, irrigation systems and planting on each slope must commence
immediately upon the completion of the grading of each slope, that the completion of
slope grading will not be artificially delayed and that the slope soil amendments,
irrigation systems and planting must be completed on a schedule commensurate with
the grading. The planting will be to the satisfaction of the Community Development
Director, City Engineer, and Public Works Director.
• Grading may occur during the rainy season from October 1 to April 15, subject to
timely installation of erosion control facilities when approved in writing by the City
Engineer, Public Works Director and the Community Development Director and when
erosion control measures are in place. In order to start or continue grading operations
between October 1 and April 15, project-specific erosion control plans that provide
detailed Best Management Practices for erosion control during the rainy season must
be submitted to the City Engineer and Public Works Director no later than September
1 of each year that grading is in progress. During site preparation and construction,the
contractor shall minimize disturbance of natural groundcover on the project site until
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such activity is required for grading and construction purposes. During the rainy
season, October 1 through April 15, all graded slopes must be covered with a woven
artificial covering immediately after completion of each graded slope. Grading
operations must cease if the applicant fails to place effective best management
measures on graded slopes immediately after construction. No slopes may be graded
or otherwise created when the National Weather Service local three-day forecast for
rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the
permanent and temporary slopes before the rain event. The artificial covering and
planting will be to the satisfaction of the Community Development Director, City
Engineer, and Public Works Director.
o During clearing, grading, earth moving, excavation, soil import and/or soil export
operations, the applicant shall comply with the City of Moorpark standard requirements
for dust control, including, but not be limited to, minimization of ground disturbance,
application of water/chemicals, temporary/permanent ground cover/seeding, street
sweeping, and covering loads of dirt. All clearing, grading, earth moving, excavation,
soil import and/or soil export operations must cease during periods of high winds
(greater than 15 mph averaged over one hour).
o Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers unless
otherwise specified, in writing, by the City Engineer and Public Works Director.
o Soil testing for trench compaction must be performed on all trenching and must be
done not less than once every two feet (2') of lift and one-hundred lineal feet(100') of
trench excavated. Test locations must be noted using true elevations and street
stationing with offsets from street centerlines.
o Prior to issuance of each building permit, the project geotechnical and/or soils engineer
shall submit an as-graded geotechnical report and a rough grading certification for said
lot and final soils report compiling all soils reports, addendums, certifications, and
testing on the project for review and approval by the City Engineer and Public Works
Director.
o Prior to issuance of the first building permit, the project's engineer shall certify that the
grading and improvements have been completed, as noted on the original approved
plans and any subsequent change orders.
o When required by the Community Development Director and/or the City Engineer
and/or Public Works Director, at least one (1)week prior to commencement of grading
or construction, the applicant shall prepare a notice that grading or construction work
will commence. This notice shall be posted at the site and mailed to all owners and
occupants of property within five-hundred feet (500') of the exterior boundary of the
project site, as shown on the latest equalized assessment roll. The notice must include
current contact information for the applicant, including all persons with authority to
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indicate and implement corrective action in their area of responsibility, including the
name of the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and vehicles,
erosion control, and the twenty-four(24) hour emergency number, must be expressly
identified in the notice. The notice must be re-issued with each phase of major grading
and construction activity. A copy of all notices must be concurrently transmitted to the
Community Development Department. The notice record for the City must be
accompanied by a list of the names and addresses of the property owners notified and
a map identifying the notification area.
• Consistent with the final geotechnical reports, at a minimum, the following measures
must be implemented during design and construction where appropriate to minimize
expansive soil effects on structures: potential foundation systems to include pier and
grade beam; use of structural concrete mats and post-tensioned slabs; pad overcutting
to provide uniform swell potential; and soil subgrade moisture treatment.
• Prior to issuance of building permits, chemical testing of representative building pad
soils is required to determine the level of corrosion protection required for steel and
concrete materials used for construction. The following measures must be
implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting such
measures.
• Engineered fills must be constructed in compliance with the standards and criteria
presented in the approved geotechnical report. The differential thickness of the fill
under individual buildings may not be greater than ten (10)feet. These measures must
be verified by construction observation and testing by the project geotechnical
engineer as outlined in the final geotechnical reports and approved by the City
Engineer and Public Works Director.
• Additional analysis of the predicted total and differential settlements of the majorfilis at
each site must be performed by the project geotechnical engineer during the final
design stage. Possible measures that may be required based on the settlement data
include surcharging, delaying construction for a period of time before constructing on
deep fills, or allowing for the predicted settlement in the design of the project
components.
• Transfer of responsibility of California Registered Civil Engineer in charge for the
project must be in accordance with rules and guidelines set forth pursuant to Rules of
the Board for Professional Engineers and Land Surveyors, California Code of
Regulations, Title 16, Division 5, Board Rule 404.1, Subsections(c)and (d), that speak
to Successor Licensee and Portions of Projects.
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• Applicant has full right to exercise the service of a new engineer in charge at any time
during a project. When there is a change in engineer, the applicant/owner shall notify
the City Engineer and Public Works Director in writing within 48 hours of such change.
Said letter shall specify successor California Registered Civil Engineer and shall be
stamped and signed and dated by said engineer in responsible charge and shall
accept responsibility of project. The letter will be kept on file at the City.
• Prior to construction of any public improvement, the applicant shall submit to the City
Engineer and Public Works Director, for review and approval, street improvement
plans prepared by a California Registered Civil Engineer, and enter into an agreement
with the City of Moorpark to complete public improvements, with sufficient surety
posted to guarantee the complete construction of all improvements, except as
specifically noted in these Standard Conditions or Special Conditions of Approval.
• Prior to issuance of the first building permit, all existing and proposed utilities, including
electrical transmission lines less than 67Kv, must be under-grounded consistent with
plans approved by the City Engineer, Public Works Director and Community
Development Director. Any exceptions must be approved by the City Council.
• Above-ground obstructions in the right-of-way(utility cabinets, mailboxes, etc.)must be
placed within landscaped areas when landscaped areas are part of the right-of-way
improvements. When above ground obstructions are placed within the sidewalk, a
minimum of five feet(5) clear sidewalk width must be provided around the obstruction.
Above-ground obstructions may not be located within or on multi-purpose trails.
• Prior to final inspection of improvements, the project Registered Civil Engineer shall
submit certified original "record drawing" plans with three (3) sets of paper prints and
the appropriate plan revision review fees to the City Engineer and Public Works
Director along with electronic files in a format satisfactory to the City Engineer and
Public Works Director. These "record drawing" plans must incorporate all plan
revisions and all construction deviations from the approved plans and revisions thereto.
The plans must be "record drawings" on 24" X 36" MylarO sheets (made with proper
overlaps) with a City title block on each sheet. In addition, the applicant shall provide
an electronic file update of the City's Master Base Map electronic file, incorporating all
streets, sidewalks, street lights, traffic control facilities, street striping, signage and
delineation, storm drainage facilities,water and sewer mains, lines and appurtenances
and any other utility facility installed for this project.
• The street improvement plans must contain a surveyor's statement on the plans,
certifying that, in accordance with Business and Professions Code 8771, all recorded
monuments in the construction area will be protected in place during construction, or
have been located and tied with no fewer than four(4) durable reference monuments,
which will be protected in place during construction. Copies of all monument tie sheets
must be submitted to the City on reproducible 3-mil polyester film.
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o Prior to reduction of improvement bonds, the applicant must submit reproducible
centerline tie sheets on 3-mil polyester film to the City Engineer and Public Works
Director.
o All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30) year
term for public streets and ESAL for a twenty (20) year term on private streets. All
streets must be designed and constructed to the required structural section in
conformance with the latest City of Moorpark Engineering Policies and Standards. The
geotechnical or soil reports must address the need for possible sub-drainage systems
to prevent saturation of the pavement structural section or underlying foundation. An
additional one and one-half inch (1-1/2") thick rubberized asphalt pavement must be
added to the structural section for public streets. This additional pavement may not be
used in determining the required structural section.
o When required by the City Engineer and Public Works Director, the applicant shall
provide, for the purposes of traffic signal installation, two (2) four-inch (4") P.V.C.
conduits extending across all intersections, and surfacing through "J" boxes to the
satisfaction of the City Engineer and Public Works Director.
o Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark
for review and approval by the City Engineer and Public Works Director, drainage
plans with the depiction and examination of all on-site and off-site drainage structures
and hydrologic and hydraulic calculations in a bound and indexed report prepared by a
California Registered Civil Engineer.
o Drainage improvements must be designed so that after-development, drainage to
adjacent parcels would not be increased above pre-development drainage quantities
for any stormwater model between and including the 10 year and 100 year storms, nor
will surface runoff be concentrated by this project.Acceptance of storm drain waters by
the project and discharge of storm drain waters from the project must be in type, kind
and nature of predevelopment flows unless the affected upstream and/or downstream
owners provide permanent easement to accept such changed storm drainage water
flow. All drainage measures necessary to mitigate stormwater flows must be provided
to the satisfaction of the City Engineer and Public Works Director. The applicant shall
make any on-site and downstream improvements, required by the City, to support the
proposed development.
o The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown in the
General Plan. Quantities of water, water flow rates, major watercourses, drainage
areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump
locations, detention and NPDES facilities and drainage courses must be addressed.
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• Local residential and private streets must be designed to have at least one dry travel
lane available during a 10-year frequency storm. Collector streets must be designed to
have a minimum of one dry travel lane in each direction available during a 10-year
frequency storm.
• All stormwater surface runoff for the development must have water quality treatment to
meet the design standards for structural or treatment control BMPs per the latest
issued Ventura County Municipal Storm Water NPDES Permit.
• The hydraulic grade line within any catch basin may not extend higher than nine inches
(9") below the flow line grade elevation at the inlet.
• No pressure manholes for storm drains are allowed unless specifically approved in
writing by the City Engineer and Public Works Director. If permitted, all storm drain
lines under water pressure must have rubber gasket joints.
• All manhole frames and covers shall have a thirty inch (30") minimum diameter. This
includes all access manholes to catch basins, as well as any other storm drain or
NPDES structure.
• The Q50 storm occurrence must be contained within the street right-of-way.
• The maximum velocity in any storm drain system may not exceed twenty feet(20') per
second.
• All detention and debris structures that fall under the definition of being a dam must
have an open air spillway structure that directs overflows to an acceptable location to
the satisfaction of the City Engineer and Public Works Director.
• Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or equestrian
traffic. Drainage grates shall not be allowed in sidewalks or trails.
• To verify that the Reinforced Concrete Pipe (RCP) specified on the improvement plan
is correct, the RCP delivered to project site must have the D-LOAD specified on the
RCP.
• The grading plan must show distinctive lines of inundation delineating the 100-year
flood level.
• All flows that have gone through flow attenuation and clarification by use of acceptable
Best Management Practice Systems and are flowing within brow ditches, ribbon
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gutters, storm drain channels, area drains and similar devices are to be deposited
directly into the storm drain system unless an alternative has been approved by the
City Engineer and Public Works Director. Storm drain and related easements outside
the public right-of-way are to be privately maintained unless otherwise approved by the
City Council.
• Concrete surface drainage structures exposed to the public view must be tan colored
concrete, as approved by the Community Development Director, and to the extent
possible must incorporate natural structure and landscape to blend in with the
surrounding material.
• Prior written approval by the City Engineer and Public Works Director is required for
curb outlets that provide for pad or lot drainage onto the street.
• Drainage devices for the development must include all necessary appurtenances to
safely contain and convey storm flows to their final point of discharge to the
satisfaction of the City Engineer and Public Works Director.
• The applicant shall demonstrate, for each building pad within the development area,
that the following restrictions and protections can be put in place to the satisfaction of
the City Engineer and Public Works Director:
• Adequate protection from a one-hundred (100) year frequency storm;
• Feasible access during a fifty (50) year frequency storm.
• Elevation of all proposed structures within the one-hundred (100) year flood
zone at least one (1') foot above the one-hundred (100) year flood level.
Hydrology calculations must be per current Ventura County Watershed Protection
Agency Standards and to the satisfaction of the City Engineer and Public Works
Director. Development projects within a 100 year flood zone may require a Conditional
Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR) as determined
by the City Engineer and Public Works Director.
• The storm drain system must be designed with easements of adequate width for future
maintenance and reconstruction of facilities, particularly facilities deeper than eight feet
(8'). In addition, all facilities must have all-weather vehicular access.
• All existing public storm drain systems within the development require pre-construction
and post-construction Closed Caption Television Videoing (CCTV) including
identification by existing plan and station.
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• Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark Standards
and to the satisfaction of the City Engineer and Public Works Director.
• All storm drain easement widths and alignments must conform to the City of Moorpark
requirements and be to the satisfaction of the City Engineer and Public Works Director.
Easements must provide sufficient room for reconstruction of the storm drain systems
and provide all weather access within the easement, to all manholes, inlets, outlets
and any other structure that requires maintenance.
• Prior to the start of grading or any ground disturbance, the applicant shall identify a
responsible person experienced in NPDES compliance who is acceptable to the City
Engineer and Public Works Director. The designated NPDES person(superintendent)
shall be present, on the project site Monday through Friday and on all other days when
the probability of rain is forty percent (40%) or greater and prior to the start of and
during all grading or clearing operations until the release of grading bonds. The
superintendent shall have full authority to rent equipment and purchase materials to
the extent needed to effectuate Best Management Practices. The superintendent shall
be required to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
• Prior to the issuance of any construction/grading permit and/or the commencement of
any qualifying grading or excavation, the applicant shall prepare and submit a
Stormwater Pollution Control Plan (SWPCP), on the form established in the Ventura
Countywide Stormwater Quality Management Program. The SWPCP must address the
construction phase compliance to stormwater quality management regulations for the
project. The SWPCP, improvement plans and grading plans must note that the
contractor shall comply with the California Best Management Practices Construction
Handbook, published by the California Stormwater Quality Association. The SWPCP
must be submitted, with appropriate review deposits, for the review and approval of the
City Engineer and Public Works Director. The SWPCP must identify potential pollutant
sources that may affect the quality of discharges and design the use and placement of
Best Management Practices (BMPs)to effectively prohibit the entry of pollutants from
the construction site into the storm drain system during construction. Erosion control
BMPs,which include wind erosion, dust control, and sediment source control BMPs for
both active and inactive (previously disturbed) construction areas are required.
• The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works Director
may require the first version and each subsequent revision of the SWPCP to be
accompanied by a detailed project schedule that specifically identifies the type and
location of construction operations for the project. The SWPCP must be developed
and implemented in accordance with the latest issued Ventura Countywide Stormwater
Quality Management Program, NPDES Permit, Chapter 8.52 of the Moorpark
Municipal Code and any other requirements established by the City. The applicant is
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responsible for ensuring that all project contractors, subcontractors, materials
suppliers, tenants and tenants' contractors comply with all BMPs in the SWPCP, until
such time as a notice of termination has been approved by the City Engineer and
Public Works Director and accepted by the Los Angeles Regional Water Quality
Control Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of proper
disposal of used oil and other lubricants. Onsite maintenance of all equipment that
can be performed offsite will not be allowed.
o Prior to the issuance of any construction/grading permit and/or the commencement of
any qualifying, grading or excavation, the applicant for projects with facilities identified
as subject to the State Board General Industrial and Commercial permits shall prepare
and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must
address post-construction compliance with stormwater quality management regulations
for the project. The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best Management
Practices New Development and Redevelopment Handbook, published by the
California Stormwater Quality Association. The SWPPP must comply with the Ventura
Countywide Stormwater Quality Management Program Land Development Guidelines,
Technical Guidance Manual for Stormwater Quality Control Measures, and the
Stormwater Management Program (SMP)to develop, achieve, and implement a timely,
comprehensive, cost effective stormwater pollution control program to reduce
pollutants to the maximum extent practicable. The SWPPP must be prepared in
compliance with the form and format established in the Ventura Countywide
Stormwater Quality Management Program, and submitted, with appropriate review
deposits, for the review and approval of the City Engineer/Public Works Director. The
proposed plan must also address all relevant NPDES requirements, maintenance
measures, estimated life spans of Best Management Practices facilities, operational
recommendations and recommendations for specific Best Management Practices
technology, including all related costs. The use of permanent dense ground cover
planting approved by the City Engineer/Public Works Director and Community
Development Director is required for all graded slopes. Methods of protecting the
planted slopes from damage must be identified. Proposed management efforts during
the lifetime of the project must include best available technology. "Passive" and
"natural" BMP drainage facilities are to be provided such that surface flows are
intercepted and treated on the surface over biofilters (grassy swales), infiltration areas
and other similar solutions. The use of filters, separators, clarifiers, absorbents,
adsorbents or similar"active" devices is not acceptable and may not be used without
specific prior approval of the City Council. The use of biological filtering, bio-
remediation, infiltration of pre-filtered stormwater and similar measures that operate
without annual maintenance intervention, that are failsafe, that, when maintenance is
needed, will present the need for maintenance in an obvious fashion and which will be
maintainable in a cost effective and non-disruptive fashion is required. As deemed
appropriate for each project, the SWPPP must establish a continuing program of
monitoring, operating and maintenance to:
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a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged waters.
C. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and replacement).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
• Prior to the issuance of any construction/grading permit and/or the commencement of
any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI)
to the California State Water Resources Control Board, Stormwater Permit Unit in
accordance with the latest issued NPDES Construction General Permit: Waste
Discharge Requirements for Discharges of Stormwater Runoff Associated with
Construction Activities). The applicant shall also provide a copy of the Notice of Intent
(NOI) to the City Engineer and Public Works Director as proof of permit application.
The improvement plans and grading plans shall contain the Waste Discharge
Identification number for the project.
• Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive" NPDES
facilities meet their intended use and design. These facilities shall meet the minimum
requirements relating to water detention and clarification.
• The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any
provision amendatory and supplementary thereto.
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Proposed Fees Required:
Typically, in the City requires the payment of City fees through conditions of approval or
mitigation measures. The City adopts fee resolutions or ordinances to collect fees to offset
the costs incurred to support development, and to ensure the health, safety and general
welfare of residents and visitors. Since conditions of approval cannot be placed on projects
that must be approved by right, the fees that are typically required for development of multi-
family projects, in association with adopted resolutions and ordinances, have been
included in the proposed ordinance, generally provided as follows:
• Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal service
fees. This payment must be made within sixty(60) calendar days after the approval of
this entitlement.
• Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit,
grading permit, or advanced grading permit, the applicant shall submit to the
Community Development Department the Condition Compliance review deposit.
• Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance for a building permit, the applicant shall submit to the Community
Development Department, capital improvement, development, and processing fees at
the current rate then in effect. Said fees include, but are not limited to building and
public improvement plan checks and permits.
• Parks: Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit to the Parks, Recreation and Community Services Department fees in
accordance with City ordinances and resolutions.
• Fire Protection Facilities: Prior to the issuance of a Zoning Clearance for a building
permit, current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with the City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
• Library Facilities: Prior to the issuance of a Zoning Clearance for a building permit, the
Library Facilities Fee must be paid to the Building and Safety Division in accordance
with the City Council adopted Library Facilities Fee requirements in effect at the time of
building permit application.
• Police Facilities: Prior to the issuance of a Zoning Clearance for a building permit, the
Police Facilities Fee must be paid to the Building and Safety Division in accordance
with the City Council adopted Police Facilities Fee requirements in effect at the time of
building permit application.
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• Traffic Systems Management: Prior to the issuance of a Zoning Clearance for a
building permit, the applicant shall submit to the Community Development Department
the established Moorpark Traffic Systems Management (TSM) Fee for the approved
development consistent with adopted City policy for calculating such fee.
• Intersection Improvements: Prior to the issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development Department
a fair-share contribution for intersection improvements relating to the project. The
amount of fair-share participation will be to the satisfaction of the City Engineer and
Public Works Director based on the traffic report prepared for the project and the
extent of the impact to these intersections.
• Citywide Traffic: Prior to the issuance of a Zoning Clearance for a building permit, the
applicant shall submit to the Community Development Department the Citywide Traffic
Fee. The fee shall be calculated per dwelling unit for residential projects, based upon
the effective date of approval of the entitlement consistent with adopted City policy for
calculating such fee for similar projects.
• Area of Contribution: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall pay to the Community Development Department the Area of
Contribution (AOC) Fee for the area in which the project is located. The fee shall be
paid in accordance with the City Council adopted AOC fee requirements in effect at the
time of building permit application for similar projects.
• Street Lighting Energy Costs: Prior to the issuance of a Zoning Clearance for a building
permit, the applicant shall pay to the Community Development Department all energy
costs associated with public street lighting for a period of one year from the
acceptance of the street improvements in an amount satisfactory to the City Engineer
and Public Works Director.
• Schools: Prior to the issuance of a Zoning Clearance for a building permit, the
applicant shall provide written proof to the Community Development Department that
all legally mandated school impact fees applicable at the time of issuance of a building
permit have been paid to the Moorpark Unified School District.
• Art in Public Places: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall contribute to the Art in Public Places Fund in accordance with
Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto.
Contribution is to be submitted to the Community Development Department. If the
applicant is required to provide a public art project on or off-site in lieu of contributing to
the Art in Public Places Fund, the art work must have a value corresponding to, or
greater than, the contribution, and must be approved, constructed and maintained for
the life of the project in accordance with the applicable provision of the Moorpark
Municipal Code.
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• Electronic Conversion: In accordance with City policy, the applicant shall submit to the
Community Development Department, City Engineer and Public Works Director and
the Building and Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/engineering improvement
plans/permit documents; and building plans/permit documents, respectively.
• Crossing Guard: Prior to the issuance of Zoning Clearance for a building permit, the
applicant shall pay to the Community Development Department an amount to cover
the costs associated with a crossing guard for five (5) years at the then current rate,
plus the pro-rata cost of direct supervision of the crossing guard location and staffs
administrative costs, calculated at fifteen percent (15%) of the above costs. This
applies to residential project of ten (10) or more units.
• Storm Drain Discharge Maintenance Fee: Prior to the issuance of a Zoning Clearance
for a building permit, the applicant shall pay to the Community Development
Department the citywide Storm Drain Discharge Maintenance Fee in accordance with
the City Council adopted Storm Drain Discharge Maintenance Fee requirements in
effect at the time of building permit application.
• County Traffic Impact Mitigation Fee: Prior to the issuance of a Zoning Clearance for a
building permit, the County Traffic Impact Mitigation Fee must be paid in accordance
with County adopted fee requirements in effect at the time of building permit
application.
The City Attorney's office has reviewed the draft PC Resolution recommending to the City
Council adoption of the Negative Declaration, and approval of General Plan Amendment
2013-01 and Zone Change 2013-01 (Attachment 4); and, the draft PC Resolution
recommending to the City Council adoption of the Zoning Ordinance Amendment No.
2013-03 (Attachment 5), and has determined that the changes are acceptable and do not
conflict with Federal or State Law.
PROCESSING TIME LIMITS
Since this is an action initiated by the City, the 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) are not applicable.
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
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exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation cannot be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has prepared or supervised the preparation of an Initial Study to assess the
potential significant impacts of this project. Based upon the Initial Study, the Director has
determined that there is no substantial evidence that the project or any of its aspects may
cause a significant effect on the environment and has prepared a Negative Declaration for
Planning Commission review and consideration before making a recommendation on the
project.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2013- recommending to the City Council adoption of
the Negative Declaration; and approval of General Plan Amendment No. 2013-01,
Amendment No. 2 to Specific Plan No. 1995-01 and Zone Change No. 2013-01.
3. Adopt Resolution No. PC-2013- recommending to the City Council approval of
Zoning Ordinance Amendment 2013-03.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Draft PC Resolution — Negative Declaration, (without original attachments), General Plan
Amendment No. 2013-01, Amendment No. 2 to Specific Plan No. 1995-01 and Zone
Change No. 2013-01, which contains the following:
Exhibit A—General Plan Amendment No. 2013-01 Map;Amendment No. 2 to SP 1995-
01 Map;
Exhibit B—Zone Change No. 2013-01 Map; and
Exhibit C— Negative Declaration, (without original attachments)
4. Draft PC Resolution — Zoning Ordinance Amendment No. 2013-03, which contains the
following:
Exhibit A—Amendments to Chapter 17.12 and Chapter 17.20; and Addition of Chapter
17.76 Residential Planned Development 20 Units to the Acre (RPD-20U-N-D) of the
Municipal Code
5. Existing Zoning Map (11" x 17" copy) — Under Separate Cover
77
RESOLUTION NO. 2013 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION
FOR GENERAL PLAN AMENDMENT NO. 2013-01 AND AMENDMENT
NO. 2 TO SPECIFIC PLAN NO. 1995-01 (DOWNTOWN SPECIFIC
PLAN) FOR A 1.36 ACRE SITE, LOCATED AT THE SOUTHEAST
CORNER OF MOORPARK AVENUE AND EVERETT STREET, ON CITY
OWNED PROPERTY, TO CHANGE THE LAND USE DESIGNATION TO
VERY HIGH RESIDENTIAL; AND FOR ZONE CHANGE NO. 2013-01 TO
REZONE THE FOLLOWING THREE SITES TO RESIDENTIAL
PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD20U-N-D)
ZONE: (1) A 23.44 ACRE SITE (LOCATED WITHIN THE
SOUTHEASTERN PORTION OF SPECIFIC PLAN 1, HITCH RANCH
SPECIFIC PLAN PROPERTY), (2) A 1.36 ACRE SITE (LOCATED AT
THE SOUTHEAST CORNER OF MOORPARK AVENUE AND EVERETT
STREET), AND (3) A 1.34 ACRE SITE (LOCATED AT THE
SOUTHEASTERN END OF MAJESTIC COURT) AND FOR ZONING
ORDINANCE AMENDMENT NO. 2013-03, TO AMEND CHAPTERS
17.12 (ESTABLISHMENT OF ZONES BOUNDARIES AND MAPS) AND
17.20 (USES BY ZONE), AND TO ADD CHAPTER 17.76 (RESIDENTIAL
PLANNED DEVELOPMENT 20 UNITS TO THE ACRE [RPD-20U-N-D]),
TO THE MOORPARK MUNICIPAL CODE TO ENSURE COMPLIANCE
WITH THE ADOPTED HOUSING ELEMENT, AND CONSISTENCY WITH
CHANGES IN FEDERAL AND STATE LAW
WHEREAS, on August 27, 2013, the Planning Commission adopted Resolution
No. PC-2013-586, recommending that the City Council adopt a Negative Declaration for
General Plan Amendment No, 2013-01 and Amendment No. 2 to Specific Plan No.
1995-01 (Downtown Specific Plan) for a 1.36 acre site located at the southeast corner
of Moorpark Avenue and Everett Street, to change the existing Office,
Public/Institutional and Medium Density Residential general plan and specific plan land
use designations of this site to a Very High Residential general plan and specific plan
land use designation; and for -Zone Change No. 2013-01 to change the zoning for the
following three sites to Residential Planned Development 20 units to the acre (RPD20U-
N-D): (1) a 23.44 acre site, located within the southeastern portion of Specific Plan 1,
Hitch Ranch Specific Plan property, currently zoned as Agricultural Exclusive; (2) a 1.36
acre site, located at the southeast corner of Moorpark Avenue and Everett Street,
currently zoned as Institutional, Commercial Office and Single Family Residential; and
(3) a 1.34 acre site, located at the southeastern end of Majestic Court, currently zoned
as Residential Planned Development 15 units; and for Zoning Ordinance Amendment
No. 2013-03, to amend Chapters 17.12 (Establishment of Zones Boundaries and Maps)
and 17.20 (Uses by Zone), and to add Chapter 17.76 (Residential Planned
Development 20 units to the acre [RPD-20U-N-D]), to the Moorpark Municipal Code to
ensure compliance with the adopted Housing Element, and consistency with changes in
Federal and State Law; and
CC ATTACHMENT 4
78
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WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered the agenda report for General Plan Amendment No, 2013-01 and
Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan), Zone
Change No. 2013-01, and Zoning Ordinance Amendment No. 2013-03, and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal and reached a
decision on this matter; and
WHEREAS, the City Council has read, reviewed, and considered the proposed
Negative Declaration prepared for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council finds
and declares as follows:
A. The Negative Declaration and Initial Study prepared for the project are complete
and have been prepared in compliance with CEQA, and City CEQA Procedures.
B. The City Council has considered information in the environmental document in its
deliberations of the project before making a decision concerning the project and
the Negative Declaration.
C. The development standards have been incorporated into the ordinance of the
accompanying Zoning Ordinance Amendment No. 2013-03.
D. The Negative Declaration reflects an independent judgment of the City Council.
SECTION 2. ADOPTION OF NEGATIVE DECLARATION: The Negative
Declaration prepared in connection with General Plan Amendment No, 2013-01 and
Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan), Zone
Change No. 2013-01, and Zoning Ordinance Amendment No. 2013-03 is hereby
adopted.
SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall certify to
the adoption of this resolution and shall cause a certified resolution to be filed in the
book of original resolutions.
79
Resolution No. 2013 -
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PASSED AND ADOPTED this 4th day of September, 2013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A — Negative Declaration — GPA No, 2013-01 and
Amendment No. 2 to SP No. 1995-01, ZC No. 2013-01, and ZOA
No. 2013-03
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Resolution No. 2013 -
Page 4
EXHIBIT A
pPQ PpK C4C'�°9
F NEGATIVE DECLARATION
o CITY OF MOORPARK
799 MOORPARK AVENUE
�9A MOORPARK, CA 93021
°94TFO JV�y (805) 517-6200
The following Negative Declaration has been prepared in accordance with the California
Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental
Procedures of the City of Moorpark.
Public Review Period: July 26, 2013 to August 26, 2013
Project Title/Case No.: General Plan Amendment(GPA) No. 2013-01; Amendment No. 2 to
Specific Plan No. 1995-01 (Downtown Specific Plan); Zone Change (ZC)
No. 2013-01; and Zoning Ordinance Amendment No. 2013-03;
Project Locations: A 23.44 acre site, within the southeastern portion of Specific Plan 1,
Hitch Ranch Specific Plan; a 1.36 acre site, located at the southeast
corner of Moorpark Avenue and Everett Street; and a 1.34 acre site
located at the southeastern end of Majestic Court. (GPA, SPA and ZC
Location Maps Attached to Initial Study— Exhibit A)
Project Description: The application consists of a zone change of a 23.44 acre site within
the Specific Plan 1, Hitch Ranch Specific Plan property, from Agricultural
Exclusive zone, to Residential Planned Development 20 units to the
acre, (RPD20U-N-D), zone to allow for development of multi-family
housing as a permitted use and not subject to discretionary review.
A General Plan Amendment and Amendment No. 2 to Specific Plan
1995-01, (Downtown Specific Plan), on a 1.36 acre site, located at the
southeast corner of Moorpark Avenue and Everett Street, on City owned
property, to change the existing Office, Public/Institutional and Medium
Density Residential general plan and specific plan land use designations
of this site to a Very High Residential general plan and specific plan land
use designation; and a zone change of this 1.36 acre site from the
existing Institutional, Commercial Office and Single Family Residential
zones, to Residential Planned Development 20 units to the acre,
(RPD20U-N-D), zone to allow for development of multi-family housing as
a permitted use and not subject to discretionary review.
Also, a zone change of a 1.34 acre site, located at the southeastern
end of Majestic Court, on City owned property, from Residential Planned
Development 15 units to the acre to Residential Planned Development
20 units to the acre, (RPD20U-N-D), zone to allow for development of
multi-family housing as a permitted use and not subject to discretionary
review.
Finally, the project includes a Zoning Ordinance amendment to add
Chapter 17.76 to the City's Zoning Ordinance to create the Residential
Planned Development 20 units to the acre, (RPD20U-N-D), zone to allow
for development of multi-family housing as a permitted use, in
accordance with objective development standards and not subject to
discretionary review. The Zoning Ordinance amendment also includes
conforming changes to Chapters 17.12 and 17.20 to refer to the new
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Resolution No. 2013 -
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Zoning designation and uses permitted by Chapter 17.76.
Project Type: Private Project X Public Project
Project Applicant: City of Moorpark, 799 Moorpark Avenue, Moorpark CA 93021
Finding: After preparing an Initial Study for the above-referenced project, it is
found that there is no substantial evidence, in light of the whole record
before the City of Moorpark, that the project may have a significant effect
on the environment. (Initial Study Attached)
Responsible Agencies: City of Moorpark
Trustee Agencies: None
Attachments: Initial Study(with attachments)
Contact Person: Joseph R. Vacca
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
(805) 517-6236
ivacca ci.moorpark.ca.us
82
Resolution No. 2013 -
Page 6
?p ppK `,,F Implementation of 2008-2014 Housing Element—Programs:3 and 17
GPA 2013-01;AMENDMENT 2 to SP 1995-01;ZC 2013-01; and,ZOA 2013-03
CITY OF MOORPARK INITIAL STUDY
„EO 799 MOORPARK AVENUE, MOORPARK, CA 93021 (805) 517-6200
Project Title: Implementation of 2008-2014 Housing Case GPA 2013-01; AMENDMENT
Element—Programs: 3 and 17 Nos.: 2 to SP 1995-01, (Downtown
Specific Plan); ZC 2013-01;
and, ZOA 2013-03
Contact Person and Phone No.: Joseph R. Vacca, AICP Principal Planner(805) 517-6236
Name of Applicant: City of Moorpark
Address and Phone 799 Moorpark Avenue, Moorpark CA 93021; (805) 517-6236
No..
Project 1) 23.44 acre site—southeast area of Specific Plan 1, Hitch Ranch Specific Plan.
Locations: Three 2) 1.36 acre site—southeast corner of Moorpark Avenue and Everett Street.
Project Sites: 3) 1.34 acre site—southeastern end of Majestic Court, (Project sites 2&3 City owned).
General Plan 1) 23.44 acre site — Zoning: 1) 23.44 acre site —
Designations: Specific Plan 1 — Agricultural Exclusive,
Hitch Ranch Specific (A-E).
Plan. 2) 1.36 acre site —
2) 1.36 acre site — Commercial Office,
Office; (CO); Institutional, (1);
Public/institutional; and Single Family
and Medium Density Residential (R1) and
Residential Downtown Specific Plan
(4DU/AC). overlay zone.
3) 1.34 acre site — Very 3) 1.34 acre site —
High Density Residential Planned
Residential Development 15 units /
(15DU/AC). acre (RPD15u).
Project Description(continues on following page):
California Government Code Section 65302(c) mandates that each city shall include a Housing Element in
its General Plan. The Housing Element is required to identify and analyze existing and projected housing
needs, and include statements of the City's goals, policies, quantified objectives, and scheduled programs
for the preservation, improvement, and development of housing. The City, in adopting its Housing
Element, considered economic, environmental, and fiscal factors, as well as community goals as set forth
in the General Plan. However, while cities generally have considerable flexibility in drafting the other
elements of their General Plan, the Housing Element must comply with the detailed statutory provisions of
the California Government Code, which are codified in Section 65580 et seq.
The Regional Housing Needs Assessment(RHNA), of the Housing Element, identified Moorpark's"fair
share" of the regional housing need for the planning period July 2006 through June 2014 as 1,617 units.
This total includes 182 extremely-low income units, 181 very-low income units, 292 low-income units, 335
moderate-income units, and 627above-moderate units. State law requires the City to demonstrate that its
"land inventory" contains adequate sites to accommodate the various types of units that have been
allocated in the RHNA.
In accordance with Government Code Section 65583 et seq., the residential density(excluding any density
bonus) presumed to be adequate to facilitate development of lower-income housing in most metropolitan
areas, including Moorpark, is 20 units/acre.
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Project Description, (Continued):
There are currently no vacant or underutilized sites in Moorpark with zoning that allows residential
development at densities greater than 20 units/acre, excluding density bonus. Accordingly, the City must
rezone at least 25.8 acres of land to accommodate the development of 516 lower-income units at a
density of 20 units/acre commensurate with the RHNA. The Housing Element- (Program 3), contains a
commitment to identify parcels totaling at least 25.8 acres to be rezoned to a new RPD-20 zoning to allow multi-
family residential development by-right at a density of 20 units/acre to meet the City's obligations under the RHNA
for the 2008-2014 planning period.The sites to be considered for rezoning to RPD20U-N-D are as follows:
1) 23.44 acre site—southeast area of Specific Plan 1 —Hitch Ranch Specific Plan
2) 1.36 acre site—southeast corner of Moorpark Avenue and Everett Street, (City owned).
3) 1.34 acre site—southeastern end of Majestic Court, (City owned).
1) The proposed re-zoning of the 23.44 acre site within the southeastern portion of Specific Plan 1, Hitch
Ranch Specific Plan property from Agricultural Exclusive, (Specific Plan 1), to Residential Planned
Development 20 units to the acre, (RPD20U-N-D), zone, (remaining within Specific plan 1), is proposed to
allow for development of multi-family housing as a permitted use and not subject to discretionary review.
This proposed zoning is consistent with the intensity of land use, and with the range of residential
development densities, already allowed under the existing Specific Plan 1 general plan land use designation
of the property,and under the current Hitch Ranch Specific Plan area designation.
2) The proposed re-zoning of the 1.36 acre site (four properties combined), located at the southeast corner of
Moorpark Avenue and Everett Street, from the existing Institutional, Commercial Office and Single Family
Residential zones, to Residential Planned Development 20 units to the acre, (RPD20U-N-D), zone to allow
for development of multi-family housing as a permitted use and not subject to discretionary review. There is
a General Plan Amendment on this project site, which also includes Amendment No. 2 to Specific Plan
1995-01, (Downtown Specific Plan), to change the existing Office, Public/Institutional and Medium Density
Residential general plan and specific plan land use designations of these properties to a Very High
Residential general plan and specific plan land use designation on all these properties. The proposed land
use designations are comparable with the combined intensities of land uses currently allowed at this site
under the existing Office, Public/Institutional and Medium Density Residential general plan land use
designations.
3) The proposed zoning of the 1.34 acre site, approximately located at the southeastern end of Majestic Court
property from Residential Planned Development 15 units to the acre to Residential Planned Development
20 units to the acre, (RPD20U-N-D), zone to allow for development of multi-family housing as a permitted
use and not subject to discretionary review, is consistent with the intensity of land use, and with the range of
residential development densities, already allowed under the existing Very High Density Residential general
plan land use designation of this property. This proposed zoning is consistent with the intensity of land use,
and with the range of residential development densities, already allowed under the existing very high
density residential general plan land use designation of the property.
Also, the Housing Element, (Program 17), Efficient Project Processing R-P-D zone and Planned Development
Permit Process, calls for an update to the review process for Residential Planned Development Permits of
properties in the RPD20u zone. The RPD Zone designation provides flexibility in the development process to
meet specific housing needs. The RPD Zone designation offers various densities that can be tailored to the lot,
nature of the development, and local housing needs.The RPD Zone provides a mechanism for the development
of higher-density housing (up to 20 du/ac) and can be coupled with a density bonus, financial and regulatory
incentives to provide affordable housing.
In order to further reduce processing time, a Zoning Ordinance Amendment No. 2013-01 was initiated to create
development standards for construction of multifamily housing on these properties and also make the following
changes to the existing Planned Development Permit process for RPD20U-N-D zoned property:
1) Designate the Planning Commission as the final approval authority(rather than City Council); and
2) Modify required findings for approval to confirming that the project complies with objective development and design
standards; and, would therefore, be allowed "by right" by the Planning Commission, when in compliance with the
requirements and regulations of the RPD20U-N-D development standards Therefore, the project includes a Zoning
Ordinance amendment to add Chapter 17.76 to the City's Zoning Ordinance to create the Residential Planned
Development 20 units to the acre, (RPD20U-N-D),zone to allow for development of multi-family housing as a permitted
use, in accordance with objective development standards and not subject to discretionary review. The Zoning
Ordinance amendment also includes conforming changes to Chapters 17.12 and 17.20 to refer to the new
Zoning designation and uses permitted by Chapter 17.76.
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Surrounding Land Uses and Setting:
1) 23.44 acre site—southeastern area of Specific Plan 1 —Hitch Ranch Specific Plan:
To the west, north, east and south of the subject property is currently in the Agricultural Exclusive zone,
and all property is within the Hitch Ranch Specific Plan 1 general plan land use designation area. The
subject property and immediate surrounding properties are all vacant and consist of valleys and gently
rolling hills.
2) 1.36 acre site—southeast corner of Moorpark Avenue and Everett Street, (City owned).
West of the site are existing urban development's consisting of the offices for City Hall, City Library, and a
dental office. North of the site is vacant land, once occupied by a mix of single family homes. East and
south of the site are existing urban residential neighborhoods, consisting mainly of single family homes
and residential properties.
3) 1.34 acre site—southeastern end of Majestic Court, (City owned).
To the west and north of this site the properties are zoned RPD15u, and are developed with existing
urban uses consisting of multi-family apartment and attached condominium units at these densities. East
of the subject property is zoned RPD12u and it is currently being developed at this density with
multifamily, attached town homes, (currently under construction). West, north and east of the subject
property all have very high density residential 15 du/ac general plan land use designations. South of the
subject property is zoned open space and is vacant and consists of the Arroyo Simi. The general plan
land used designation of this area, south of the subject property is Floodway.
Responsible and Trustee Agencies:
none
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"Potentially Significant Impact"or"Less Than Significant With Mitigation,"as indicated by the checklist on the following pages:
Aesthetics Agricultural and Forestry Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Mandatory Findings of
Transportationffraffic Utilities/Service Systems Significance
X
None
DETERMINATION: On the basis of this initial evaluation,
I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
Prepared by: Reviewed by:
Date: Date:
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
A. AESTHETICS—Would the project:
1)Have a substantial adverse effect on a scenic vista? X
2)Substantially damage scenic resources,including,but X
not limited to,trees,rock outcroppings,and historic
buildings within a state scenic highway?
3)Substantially degrade the existing visual character or X
quality of the site and its surroundings?
4)Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: Al. Through 4.:
The new development is expected to occur within and adjacent to urbanized areas, mostly as in-fill. This
type of development would not be expected to substantially alter the aesthetic character of the site, and in
most cases would be expected to improve the aesthetic character of the surrounding neighborhoods. All
developments will be required to conform to the General Plan Land Use Element, zoning regulations and
development standards, and therefore would not be expected to create a negative aesthetic effect on the
City's visual qualities. None of the sites identified for re-designation contain prominent ridgelines and
development must comply with grading standards adopted by ordinance, including landscaping
requirements. Furthermore, developments must comply with the development standards of the zoning
district which address setbacks, height, and visual quality to ensure adequate health and safety. None of
the sites identified for re-designation contain scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway. New residential development could
also create new sources of light and glare due to exterior lighting, lighting of streets and walkways, and
interior lighting that could be visible from the outside. Prior to construction, each new development will be
reviewed to ensure compliance with all appropriate development standards and developments must also
comply with the lighting ordinance to mitigate any potential aesthetic impacts. No significant impacts are
expected to occur and no mitigation measures are necessary in connection with this zoning ordinance
amendment 2013-03.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards(proposed July 2013—attached)
Mitigation: None required
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts
to forest resources, including timberland, are significant environmental effects, lead agencies may refer to
information compiled by the California Department of Forestry and Fire Protection regarding the state's
inventory of forest land including the Forest and Range Assessment Project and Forest Legacy
Assessment project, and forest carbon measurement methodology provided in Forest Protocols adopted
by the California Air Resources Board-Would the project:
1)Convert Prime Farmland,Unique Farmland,or Farmland X
of Statewide Importance(Farmland),as shown on maps
prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources agency,
to non-agricultural use?
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
2)Conflict with existing zoning for agricultural use,or a
Williamson Act contract? x
3)Conflict with existing zoning for,or cause,rezoning of, x
forest land(as defined in Public Resources Code section
12220(g)),timberland(as defined by Public Resources
Code section 4526)or timberland zoned Timberland
Production(as defined by Government Code section
51104(g)?
4)Result in the loss of forest land or conversion of forest x
land to non-forest use?
5) Involve other changes in the existing environment x
which,due to their location or nature,could result in
conversion of Farmland,to non-agricultural use?
Response: B1. Through 5.:
New development is to occur in urbanized areas as in-fill, and a significant portion of new development
would be expected to occur on land that is currently vacant and zoned for agricultural uses, and would
therefore result in the conversion of open space to urban use but, none of the sites are currently used for
agriculture, nor are the lands currently forested or used for foresting resources. Furthermore, none of the
sites currently designated for residential development contain prime farmland, unique farmland, or
farmland of statewide importance, nor are any such sites currently used for farming; and, none of the
subject properties have Williamson Act contracts. Therefore no significant impacts are expected to occur
and no mitigation measures are necessary in connection with this zoning ordinance amendment.
2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
Sources: (1992), RPD20u Development Standards (proposed July 2013—attached, California Dep't
of Conservation: Ventura County Important Farmland Map (2000).
Mitigation: None required
C. AIR QUALITY—Where available, the significant criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
1)Conflict with or obstruct implementation of the applicable x
air quality plan?
2) Violate any air quality standard or contribute x
substantially to an existing or projected air quality
violation?
3)Result in a cumulatively considerable net increase of x
any criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient
air quality standard(including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4)Expose sensitive receptors to substantial pollutant x
concentrations?
5)Create objectionable odors affecting a substantial number x
of people?
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Response: C1. Through 5.:
The Housing Element update included policies, programs and guidelines through which Moorpark can
continue to meet the fair share of regional housing growth. The zone change of the subject sites and
zoning ordinance amendment will not have a cumulative net increase on the intensity of use of the subject
properties beyond what has already been established under the existing general plan land use
designations. Therefore there will not be a cumulative net increase of any criteria pollutant for which the
region is not attaining any relevant air quality standard. The development of these sites will not expose
sensitive receptors to substantial pollutant concentrations nor create objectionable odors. Therefore, no
further environmental review is required.
Long-term air quality impacts are those associated with the emissions produced from project-generated
vehicle trips as well as from stationary sources related to the use of natural gas and electricity for heating,
cooling, lighting, etc. Without specific details regarding future development, such as unit types and vehicle
trips, it is not possible to accurately quantify long-term emissions. However, the amendments to land use
plans and regulations called for in Program 3 (creation of a new RPD 20 zoning district and rezoning of
25.8 acres of land) would not be expected to result in long-term air quality impacts beyond those
previously analyzed in the General Plan EIR since the total amount of new development under these
amended regulations is expected to remain consistent with the long-term growth forecast. The proposed
development standards in this RPD20U-N-D zoning district state that Reactive organic compounds,
Nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during
construction operations must be minimized in accordance with the City's standards and the standards of
the Ventura County Air Pollution Control District(APCD). When an air pollution Health Advisory has been
issued, construction equipment operations (including but not limited to grading, excavating, earthmoving,
trenching, material hauling, and roadway construction) and related activities must cease in order to
minimize associated air pollutant emissions. As part of the review process for the development of the
sites, potential air quality impacts will be mitigated with collection of the payment of Air Quality fees prior
to issuance of building permits, as required per Resolution No. 2006-2461, adopted by the City Council on
May 17, 2006. Also, the City has adopted a green building ordinance which includes BMPs to address
greenhouse gas emissions. No significant impacts would occur and no mitigation measures are
necessary in connection with this project.
2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
Sources: (1992), RPD20u Development Standards (proposed July 2013—attached), City of Moorpark
City Council Resolution No. 2006-2461 Transportation System Management Established
Minimum Fee Schedule
Mitigation: None required
D. BIOLOGICAL RESOURCES—Would the project:
1)Have a substantial adverse effect,either directly or X
through habitat modifications,on any species identified
as a candidate,sensitive,or special status species in
local or regional plans,policies,or regulations,or by the
California Department of Fish and Game or U.S.Fish
and Wildlife Service?
2)Have a substantial adverse effect on any riparian habitat X
or other sensitive natural community identified in local or
regional plans,policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
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Page 12
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
3)Have a substantial adverse effect on federally protected X
wetlands as defined by Section 404 of the Clean Water
Act(including,but not limited to,marsh,vernal pool,
coastal,etc.)through direct removal,filling,hydrological
interruption,or other means?
4)Interfere substantially with the movement of any native X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors,or impede the use of native wildlife nursery
sites?
5)Conflict with any local policies or ordinances protecting X
biological resources,such as a tree preservation policy
or ordinance?
6)Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan,or other approved local,regional,or state habitat
conservation plan?
Response: D1. Through 4.:
While some new development would be expected to occur in urbanized areas as in-fill where there were
previous urban developments, a significant portion of new development would be expected to occur on
land that is currently vacant, and would therefore result in the conversion of open space to urban use.
However the 23.44 acre vacant site was completely burned in 2003 and 2006 and now consists primarily
of non-native grassland, non-native trees and limited California Sage Brush. Development of the
previously urban developed properties and the recently burned vacant site will not significantly impact
biological resources including modifications to habitats of any species identified as sensitive or having
special protective status nor will it have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service. In addition, review of the sites indicates
that development will not impact federally-protected wetlands nor substantially interfere with the movement
of any native or migratory fish or wildlife species.
Response: D5. Through 6.:
The Moorpark Municipal Code contains tree preservation regulations, which are codified under Chapter
12.12 (Historic Trees, Native Oak Trees and Mature Trees). The ordinance defines "historic, mature and
native oak trees," and specific requirements are described for protecting or mitigating their removal.
Permits are required for pruning or removal of protected trees, which include historic, mature and native
oak trees. All residential developments that could impact such trees will be required to comply with the
provisions of this ordinance, which will reduce potential impacts to a level that is less than significant. No
mitigation measures are necessary at this time.
There is no adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other local,
regional, or state habitat conservation plan within areas that are to be considered for re-zoning. No
mitigation measures are necessary at this time. The draft zoning ordinance amendment also does not
conflict with adopted conservation local, regional or state conservation plans. As a result, no further
environmental review is necessary.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached), Moorpark
Municipal Code Chapter 12.12: Historic Trees, Native Oak Trees and Mature Trees(1988)
Mitigation: None required
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
E. CULTURAL RESOURCES—Would the project:
1)Cause a substantial adverse change in the significance of X
a historic resource as defined in§15064.5?
2)Cause a substantial adverse change in the significance of x
an archaeological resource pursuant to§15064.5?
3)Directly or indirectly destroy a unique paleontological X
resource or site or unique geologic feature?
4)Disturb any human remains,including those interred x
outside of formal cemeteries?
Response: E1. Through 4.:
While some new development is expected to occur in previously developed urbanized areas as in-fill, a
significant portion of new development would be expected to occur on land that is currently vacant but, has
a history of being used for dry farming and grazing. There are no known or expected cultural resources on
the project site. The proposed improvements within the project area will have no adverse impact on
known cultural resources and must comply with development standards, which indicate that if any
archeological or historical finds are uncovered during grading or excavation operations, all grading or
excavation shall immediately cease in the immediate area and the find must be left untouched. The
applicant, in consultation with the project paleontologist or archeologist, shall assure the preservation of
the site and immediately contact the Community Development Director by phone, in writing by email or
hand delivered correspondence informing the Director of the find. In the absence of the Director, the
applicant shall so inform the City Manager. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site.
The paleontologist or archeologist selected must be approved in writing by the Community Development
Director. The applicant shall pay for all costs associated with the investigation and disposition of the find.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached).
Mitigation: None required
F. GEOLOGY AND SOILS—Would the project:
1)Expose people or structures to potential substantial
adverse effects,including the risk of loss, injury,or
death Involving:
i)Rupture of a known earthquake fault,as delineated on the x
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii)Strong seismic ground shaking? x
iii)Seismic-related ground failure, including liquefaction? X
iv)Landslides? x
2)Result in substantial soil erosion or the loss of topsoil? X
90
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3)Be located on a geologic unit or soil that is unstable,or X
that would become unstable as a result of the project,
and potentially result in on-or off-site landslide,lateral
spreading,subsidence,liquefaction or collapse?
4)Be located on expansive soil,as defined in Table 18-1-B X
of the Uniform Building Code(1994),creating
substantial risks to life or property?
5)Have soils incapable of adequately supporting the use of X
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
Response: F1. Through 5.:
Moorpark is located in a seismically active region containing active faults. These faults have the potential
to expose people or structures to significant impacts as a result of a fault rupture and seismic ground
shaking. Parts of the city may contain expansive or unstable soils that have the potential to cause
structural damage. In addition, grading associated with future development could result in substantial soil
erosion. Upon review of the Alquist-Priolo Earthquake Fault Zones maps for Moorpark, it was verified that
the project sites are not located within any Alquist-Priolo Earthquake Fault Zone Boundary areas and are
not subject to any special seismic setback requirements. While it is not possible to determine specific
potential impacts related to developments at this time, some general requirements designed to minimize
geological impacts will apply to all new development. These include compliance with the Alquist-Priolo Act,
the Uniform Building Code, Title 24 of the California Building Code, and the standards of the Structural
Engineers Association of California. Compliance with these building standards is considered the best
means of reducing geologic hazards. In addition, as part of the City's planning and development process,
based on existing adopted ordinances, the proposed future development projects will be required to
provide site-specific geotechnical conditions to the City Engineer during plan check and prior to
construction to determine appropriate construction methods to address potential hazards such as
liquefaction. No significant impacts would occur and no mitigation measures are necessary in connection
with this zone change and zoning ordinance amendment.
2008-2014 Housing Element Update (May 16, 2012), RPD20u Development Standards
Sources: (proposed July 2013—attached).General Plan Safety Element(2001), California Building
Code (2010).
Mitigation: None required
G. GREENHOUSE GAS EMISSIONS—Would the project:
1)Generate greenhouse gas emissions,either directly or X
indirectly,that may have a significant impact on the
environment?
2)Conflict with an applicable plan,policy or regulation
adopted for the purpose of reducing the emissions of X
greenhouse gases?
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Response: G1. Through 2.:
Many of the world's leading scientific experts agree that greenhouse gases (GHGs) generated by human
activities affect climate by increasing the "greenhouse effect." The gases concentrate in the Earth's
atmosphere and trap heat by blocking some of the long-wave energy the Earth normally radiates back into
space. Human activities that produce GHGs are the burning of fossil fuels (coal, oil and natural gas for
heating and electricity, gasoline and diesel for transportation); methane from landfill wastes and raising
livestock, deforestation activities; and some agricultural practices. These activities are increasing the
greenhouse gases in the Earth's atmosphere and could be accelerating global climate change. Long-term
environmental consequences in California could potentially include a reduction in water supply from the
Sierra Nevada snow pack, which could result in a reduction in imported water, and public health problems
due to degraded air quality and more intense summer heat.
In 2006, Governor Schwarzenegger signed AB 32, the California Climate Solutions Act of 2006. AB 32
requires that statewide GHG emissions be reduced to 2000 levels by the year 2010, 1990 levels by the
year 2020, and to 80 percent less than 1990 levels by year 2050. These reductions will be accomplished
through an enforceable statewide cap on GHG emissions that will be phased in starting in 2012. To
effectively implement the cap, AB 32 directs the California Air Resources Board (CARB) to develop and
implement regulations to reduce statewide GHG emissions from stationary sources. AB 32 specifies that
regulations adopted in response to AB 1493 should be used to address GHG emissions from vehicles.
However, AB 32 also includes language stating that if the AB 1493 regulations cannot be implemented,
then CARB should develop new regulations to control vehicle GHG emissions under the authorization of
AB 32. AB 32 requires that CARB adopt a quantified cap on GHG emissions representing 1990 emissions
levels and disclose how it arrives at the cap; institute a schedule to meet the emissions cap; and develop
tracking, reporting, and enforcement mechanisms to ensure that the state achieves reductions in GHG
emissions necessary to meet the cap. In 2007, CARB adopted the statewide 2020 emissions cap at 427
million metric tons (MMT) equivalent carbon dioxide (CO2e) greenhouse gas emissions. CARB estimated
that 2020 'business-as-usual' emissions (meaning, emissions of greenhouse gases without consideration
of climate change) would be 596 MMTCO2e; therefore, emissions will need to be reduced by 169
MMTCO2e (28 percent) statewide to meet the 2020 threshold. AB 32 also includes guidance to institute
emissions reductions in an economically efficient manner and conditions to ensure that businesses and
consumers are not unfairly affected by the reductions. A numerical threshold to determine the significance
of greenhouse gas emissions has not been established by the City or Ventura County Air Pollution Control
District.
Because development of the sites proposed for the zone change will occur in a manner that is consistent
with the adopted growth forecast and the Regional Housing Needs Assessment, it would not cause an
increase in greenhouse gas emissions beyond the level currently projected to occur. Therefore, no new
significant impacts are anticipated and no mitigation measures are necessary at this time.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards(proposed July 2013—attached.
Mitigation: None required
H. HAZARDS AND HAZARDOUS MATERIALS—Would the project:
1)Create a significant hazard to the public or the x
environment through the routine transport,use,or
disposal of hazardous materials?
2)Create a significant hazard to the public or the x
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
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3)Emit hazardous emission or handle hazardous or acutely x
hazardous materials,substances,or waste within one-
quarter mile of an existing or proposed school?
4)Be located on a site which is included on a list of x
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and,as a result,
would it create a significant hazard to the public or the
environment?
5)For a project located within an airport land use plan or, x
where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project result in a safety hazard for people residing or
working in the project area?
6)For a project within the vicinity of a private airstrip,would x
the project result in a safety hazard for people residing
or working in the project area?
7)Impair implementation of or physically interfere with an x
adopted emergency response plan or emergency
evacuation plan?
8)Expose people or structures to a significant risk of loss, x
injury or death involving wild land fires,including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Response: H1. Through 8.:
The re-zoning of the subject properties will not create hazards through transporting, using, or disposing
hazardous materials. Further, it will not create hazards through the reasonably foreseeable future, nor
result in hazardous emissions within one-quarter mile of an existing or proposed elementary school. The
approval of the zone change will not impact any identified hazardous material sites. There are no airports
within the city limits, and the development of the proposed sites will not result in a safety hazard for people
working or living in the city. There are no private airstrips in Moorpark, so there would not be any hazards
as a result of the zone change. Further, adoption of the zone change will not impair implementation of the
emergency response plan. As a result, no further environmental review is required.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached.
Mitigation: None required
I. HYDROLOGY AND WATER QUALITY—Would the project:
1)Violate any water quality standards or waste discharge x
requirements?
2)Substantially deplete groundwater supplies or interfere x
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level(e.g.,the production
rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
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X
3)Substantially alter the existing drainage pattern of the site
or area,including through the alteration of the course of
a stream or river,in a manner which would result in
substantial erosion or siltation on-or off-site?
4)Substantially alter the existing drainage pattern of the site X
or area,including through the alteration of the course of
a stream or river,or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on-or off-site?
5)Create or contribute runoff water which would exceed the X
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6)Otherwise substantially degrade water quality? X
7)Place housing within a 100-year flood hazard area as X
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
8)Place within a 100-year flood hazard area structures X
which would impede or redirect flood flows?
9)Expose people or structures to a significant risk of loss, X
injury or death involving flooding,including flooding as a
result of the failure of a levee or dam?
10)Inundation by seiche,tsunami,or mudflow? X
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Response: 11.:
New development could impact water quality through runoff and wastewater discharge. However,
developments will be required to comply with applicable federal, state and local water quality requirements
such as the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program.
Additionally, through the City's building permit issuance process, projects will be evaluated for potential
site-specific water quality and flooding impacts and must comply with requirements of Chapter 8.52, Storm
Water Quality Management, of the Moorpark Municipal Code. Development projects will be required to
prepare water quality plans and/or incorporate "Best Management Practices" (BMPs) into their
construction operations to reduce erosion, siltation and water pollution both during and after construction.
Compliance with these regulations would be expected to reduce water quality impacts to a level that is
less than significant. No mitigation measures are necessary in connection with this zone change and
zoning ordinance amendment.
Response: 12.: Development consistent with prior land use intensity assumptions of the General Plan
would not result in increased water consumption nor have the potential to deplete groundwater supplies.
Additionally, new developments will not result in an increased amount of impervious surfaces beyond what
has been analyzed and anticipated with build-out levels anticipated under the existing general plan land
use designations. Therefore, no significant impacts would occur and no mitigation measures are
necessary in connection with this project.
Response: 13. Through 10.,: Prior to development of any new projects, potential impacts related to
alteration of drainage patterns and flood hazards will be analyzed and appropriate BMPS must be
complied with. In addition, existing policies require the provision of adequate storm water drainage
facilities and prevent residential development within 100-year floodplains. Upon review of the Federal
Emergency Management Agency, (FEMA), Flood Insurance Rate Maps for the project sites, it was verified
that none of the project sites are within any of the designated 100-year floodplains. No significant impacts
would occur and no mitigation measures are necessary in connection with this zone change and zoning
ordinance amendment.
Moorpark Municipal Code Chapter 8.52, Storm Water Quality Management. 2008-2014
Sources: Housing Element Update (May 16, 2012), General Plan Land Use Element(1992), RPD20u
Development Standards(proposed July 2013—attached). FEMA 100-year floodplain
mapping.
Mitigation: None required
J. LAND USE AND PLANNING—Would the project:
1)Physically divide an established community? X
2)Conflict with any applicable land use plan,policy,or X
regulation of an agency with jurisdiction over the project
(including,but not limited to the general plan,speck
plan,local coastal program,or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3)Conflict with any applicable habitat conservation plan or X
natural community conservation plan?
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Less Than
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Potentially With Less Than
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Response: J1. Through 3.:
Future residential development as anticipated under the zone change and zoning ordinance amendment
would be either small-scale infill/redevelopment projects or larger-scale master-planned projects on vacant
land. As such, these future projects would not have the potential to divide an existing community. No
significant impacts would occur and no mitigation measures are necessary in connection with this project.
New residential development will be required to comply with all applicable plans and regulations, including
the General Plan, specific plan, and zoning. The Housing Element contains a commitment to rezone at
least 25.8 acres of land for multi-family residential development by-right at a density of 20 units/acre. Prior
to issuance of building permits for these projects, building plans will be prepared and evaluated for the
projects' conformance with applicable policies and regulations. Changes in the general plan land use
designation of the site and zoning will not conflict with any General Plan and zoning ordinance provisions
that were adopted for the purpose of avoiding or mitigating any environmental effects. No significant
impacts would occur and no mitigation measures are necessary in connection with this zoning ordinance
amendment.
There is no adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other local,
regional, or state habitat conservation plan within the project areas that are being considered for rezoning.
None of the project sites contain environmentally sensitive habitats and all sites are intended for intensive
development under the existing general plan land use designations. No impacts would occur and
mitigation measures are not necessary at this time.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards(proposed July 2013—attached).
Mitigation: None required
K. MINERAL RESOURCES—Would the project:
1)Result in the loss of availability of a known mineral x
resource that would be of value to the region and the
residents of the state?
2)Result in the loss of availability of a locally-important X
mineral resource recovery site delineated on a local
general plan,specific plan or other land use plan?
Response: K1. Through 2.:
According to the City of Moorpark General Plan, no classified or designated mineral deposits of statewide
or regional significance have been identified in the city. The State Geologist has not mapped any Mineral
Resource Zones in the city, and consequently the State Mining and Geology Board has not designated
any regionally significant mineral resource areas in the city. However, prior to development of specific
projects, potential site-specific impacts to mineral resources will be evaluated as part of the building permit
issuance process and any appropriate requirements will be applied at that time. No significant impacts
would occur and no mitigation measures are necessary in connection with this project.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached).
Mitigation: None required
L. NOISE—Would the project result in:
1)Exposure of persons to or generation of noise levels in x
excess of standards established in the local general plan
or noise ordinance,or applicable standards of other
agencies?
2)Exposure of persons to or generation of excessive X
groundborne vibration or groundborne noise levels?
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X
3)A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
4)A substantial temporary or periodic increase in ambient X
noise levels in the project vicinity above levels existing
without the project?
5)For a project located within an airport land use plan or, X
where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project expose people residing or working in the project
area to excessive noise levels?
6)For a project within the vicinity of a private airstrip,would X
the project expose people residing or working in the
project area to excessive noise levels?
Response: L1. Through 4.:
Future residential developments would be expected to result in short-term construction-related noise
impacts, including groundborne vibration noise that could exceed established standards. Required
compliance with the City's noise regulations and restrictions on construction hours will help to mitigate
these impacts. Development would also be expected to result in an incremental increase in long-term
noise levels from increased vehicular traffic as well as new stationary sources of noise. As part of the
building permit issuance review process, projects will be subject to site-specific analysis of potential noise
impacts and any appropriate requirements will be imposed at that time. Based on Chapter 15.26
Construction Activity Restrictions, of the Moorpark Municipal Code, construction activity hours are limited
to between 7:00a.m. and 7:00p.m., Monday through Saturday, and construction is not allowed on
Sundays. Additionally, construction activities such as requiring staging areas, regulating haul routes and
other requirements to limit noise activities are required. Chapter 17.53 Noise, of the Moorpark Municipal
Code contains standards whereby allowable exterior noise limits must be complied with to control noise to
preserve the health and safety for residents and ensure noise levels comply with acceptable values. No
significant impacts would occur and no mitigation measures are necessary in connection with this project.
Response: L5. Through 6.:
There are no public airports or private airstrips located within the city. As such, future residential
development would not be expected to expose people to excessive aircraft noise levels. No significant
impacts would occur and no mitigation measures are necessary in connection with this project.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached.
Mitigation: None required
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Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
M. POPULATION AND HOUSING—Would the project:
1)Induce substantial population growth in an area,either x
directly(for example,by proposing new homes and
businesses)or indirectly(for example,through extension
of roads or other infrastructure)?
2)Displace substantial numbers of existing housing, x
necessitating the construction of replacement housing
elsewhere?
3)Displace substantial numbers of people,necessitating the x
construction of replacement housing elsewhere?
Response: M1. Through 3.:
The level of new residential development anticipated due to this project would directly induce population
growth but the growth will fall within the parameters anticipated in the existing general plan, based on the
current general plan land use designations and anticipated intensities of land use associated with those
designations. Furthermore, the City is required by state law to accommodate its fair share of regional
housing needs, therefore this is not an adverse environmental impact under CEQA. No mitigation
measures are required.
It is expected that most new residential development would occur on vacant land and therefore would not
displace existing houses or people. No significant impacts would occur and no mitigation measures are
required in connection with this project.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached.
Mitigation: None required
N. PUBLIC SERVICES
1)Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities,need for new
or physically altered governmental facilities,the
construction of which could cause significant
environmental impacts,in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection? x
Police protection? x
Schools? x
Parks? x
Other public facilities? x
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Potentially With Less Than
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Response: N1.:
New residential development would be expected to increase the demand for public services. Approval of
the zone change will result in development consistent with prior land use intensity assumptions under the
existing approved general plan, and would not result in a significant increase in demand for services
beyond what has been anticipated. Additionally, new developments will be required to pay Fire Protection
Facilitates fees, Police Facilities Fees, Library Facility Fees and Park Fees. Therefore, no significant
impacts would occur and no mitigation measures are necessary in connection with this project.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached).
Mitigation: None required
O. RECREATION
1)Would the project increase the use of existing x
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
x
2)Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
Response: 01. Through 2.:
New residential development will increase the demand for parks and other recreational facilities. As part
of the building permit issuance process, all new developments will be evaluated to determine the level of
demand for recreational facilities and appropriate level of fees to be paid to ensure that adequate service
levels are maintained. The City of Moorpark Park Fees, that all new residential developments are required
to pay, are used to acquire and/or improve park facilities, which helps to mitigate the impact of additional
residents. No significant impacts would occur and no mitigation measures are necessary in connection
with this project.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards(proposed July 2013—attached).
Mitigation: None required
P. TRANSPORTATIONITRAFFIC—Would the project:
1)Conflict with an applicable plan,ordinance or policy x
establishing measures of effectiveness for the
performance of the circulation system,taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant
components of the circulation system,including but not
limited to intersections,streets, highways and freeways,
pedestrian and bicycle paths,and mass transit?
2)Conflict with an applicable congestion management x
program,including,but not limited to level of service
standards and travel demand measures,or other
standards established by the county congestion
management agency for designated roads or highways?
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3)Result in a change in air traffic patterns, including either X
an increase in traffic levels or a change in location that
results in substantial safety risks?
4)Substantially increase hazards due to a design feature x
(e.g.,sharp curves or dangerous intersections)or
incompatible uses(e.g.,farm equipment)?
5)Result in inadequate emergency access? X
6)Result in inadequate parking capacity? x
7)Conflict with adopted policies,plans,or programs X
supporting alternative transportation(e.g.,bus turnouts,
bicycle racks)?
Response: P1. Through 7.:
New residential development anticipated in accordance with the project, would be expected to generate
increased traffic on the road network and could result in hazardous road conditions, inadequate
emergency access or insufficient parking. The level of new residential development anticipated on the
total of 26.14 acres of re-zoned land would not be expected to have a significant effect on air traffic volume
beyond the levels assumed in the regional growth forecast. No significant impacts would occur and no
mitigation measures are required at this time. Prior to the issuance of building permits the RPD20U-N-D
development standards require that projects within this zone submit a traffic study and pay fair share traffic
fees associated with any traffic impacts relative to road capacity, design, emergency access and parking,
and to ensure that safe design standards and adequate service levels are maintained. The proposed
zoning ordinance amendments include measures to avoid impacts. The traffic impact fees that new
residential developments are required to pay will mitigate the impact of additional traffic through funding of
new road improvements. No significant impacts would occur and no mitigation measures are necessary in
connection with this project.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards(proposed July 2013—attached).
Mitigation: None required
Q. UTILITIES AND SERVICE SYSTEMS—Would the project:
1)Exceed wastewater treatment requirements of the x
applicable Regional Water Quality Control Board?
2)Require or result in the construction of new water or x
wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause
significant environmental effects?
3)Require or result in the construction of new storm water x
drainage facilities or expansion of existing facilities,the
construction of which could cause significant
environmental effects?
4)Have sufficient water supplies available to serve the x
project from existing entitlements and resources,or are
new or expanded entitlements needed?
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Significant
Potentially With Less Than
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5)Result in a determination by the wastewater treatment X
provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
6)Be served by the landfill with sufficient permitted capacity x
to accommodate the project's solid waste disposal
needs?
7)Comply with federal,state,and local statutes and x
regulations related to solid waste?
Response: Q1. Through 7.:
New residential development would not be expected to increase the demand for utilities and service
systems, including water, wastewater treatment, storm water drainage, and solid waste disposal since the
project sites were previously developed as urban uses and /or are already anticipated to have the intensity
of residential development associated with the zone change according to the existing intensity of uses
based on existing general plan land use designations. No significant impacts would occur and no
mitigation measures are necessary in connection with this project.
Sources: 2008-2014 Housing Element Update(May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached.
Mitigation: None required
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R. MANDATORY FINDINGS OF SIGNIFICANCE
1)Does the project have the potential to degrade the quality X
of the environment,substantially reduce the habitat of a
fish or wildlife species,cause a fish or wildlife population
to drop below self-sustaining levels,threaten to
eliminate a plant or animal community,reduce the
number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the
major periods of California history of prehistory?
2)Does the project have impacts that are individually X
limited, but cumulatively considerable? ("Cumulatively
considerable"means that the incremental effect of a
project are considerable when viewed in connection with
the effects of past projects,the effects of other current
projects,and effects of probable future projects)?
3)Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
Response: R1.:
Under state law, cities are required to comply with the adopted programs of their Housing Element that,
among other things, identify how the jurisdiction's fair share of regional housing growth needs will be
accommodated. The City of Moorpark's fair share of the region's new housing need, as established by the
Southern California Association of Governments, is 1,617 units for the period 2006-2014. The City's new
housing need is distributed among various income levels. Since the City's current land use plans and
zoning do not demonstrate adequate capacity to accommodate its need for lower-income households, the
Housing Element includes a commitment to rezone 25.8 acres of land for multi-family residential
development by-right at a density of 20 units/acre (Program 3).
Anticipated development in association with the zone change is proposed on sites currently designated for
residential development, and this would not result in environmental impacts beyond those previously
evaluated in the General Plan and EIR. As part of the City's building permit issuance process, each
project will be evaluated prior to construction and appropriate measures will be complied with to mitigate
any potential impacts. Furthermore, prior to issuance of building permits, compliance with the
development standards of the proposed zoning ordinance amendments will be analyzed and appropriate
standards and measures will be complied with to address any potentially significant impacts, therefore
mitigation is not required.
Response: R2.:
As noted in Item R1., above, the Housing Element identifies a need for 1,617 new residential units during
the 2006-2014 planning period and includes a commitment to rezone 25.8 acres of land for multi-family
residential development. However, the development associated with the specific location of sites to be
rezoned is to be completed in compliance with the development standards created for the properties in this
zone which are self-mitigating. Prior to adoption of the proposed zoning ordinance amendments,
appropriate development standards have been drafted which will be required to address any potentially
significant impacts.
Response: R3.:
As noted in Items R1., and R2., above, appropriate development standards have been drafted with the
proposed zoning ordinance amendments, which will be required to address any potentially significant
impacts. Therefore, mitigation measures are not required to address any potentially significant impacts.
Sources: 2008-2014 Housing Element Update (May 16, 2012), General Plan Land Use Element
(1992), RPD20u Development Standards (proposed July 2013—attached).
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Earlier Environmental Documents Used in the Preparation of this Initial Study
City of Moorpark City Council Resolution No. 2012-3105, adopted May 16, 2012, Adopting a
Negative Declaration for General Plan Amendment No. 2012-02, an Amendment to the General
Plan to Adopt the 2008-2014 Housing Element Update of the City of Moorpark General Plan.
Additional Project References Used to Prepare This Initial Study
One or more of the following references were incorporated into the Initial Study by reference,
and are available for review in the Community Development Office, City Hall, 799 Moorpark
Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of
the Initial Study Checklist.
1. The City of Moorpark's General Plan, as amended.
2. The Moorpark Municipal Code, as amended.
3. RPD20U-N-D Development Standards [(proposed July/August 2013)- and associated
proposed General Plan Amendments and Zone Changes maps of project sites].
4. The City of Moorpark Procedures for the Implementation of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 2004-2224
5. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title
14 Section 15000 et. seq.
Attachments:
EXHIBIT A: General Plan Amendment 2013-01 Map Amendment No. 2 to Specific
Plan No. 1995-01 and Zone Change 2013-01 Map
EXHIBIT B: DRAFT - Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20
UNITS TO THE ACRE, (RPD 20U-N-D)
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EXHIBIT A
H M
PROPOSED DESIGNATION: VH EVERETT PROPOSED DESIGNATION: VH
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Resolution No. 2013 -
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EXHIBIT B
DRAFT Chapter 17.76
RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD 20U-N-D)
Sections:
17.76.010 Purpose.
17.76.020 Definitions.
17.76.030 General provisions.
17.76.040 Application Procedures and Consistency Determinations.
17.76.050 Development Standards.
17.76.060 Fees.
17.76.010 Purpose.
The purpose of this chapter is to set forth development regulations and
standards, which have been established to provide criteria for the development of the
properties within the Residential Planned Development 20 units to the acre (RPD20U-
N-D) zone to allow for development of affordable multi-family housing as a permitted
use and not subject to discretionary review or approval, and to provide adequate
separation for light, air, safety, and open space as well as to provide an aesthetically
pleasing environment in which to live, work and recreate. Implementation of the
regulations and standards set forth in this chapter are intended to ensure that future
development is coordinated and consistent with the goals and policies of the downtown
specific plan and the city's general plan, specifically the housing element.
The standards contained in this chapter provide for the arrangement,
development, and use of multi-family residential neighborhoods, open space areas, and
recreational sites. Application of these regulations and standards is intended to
encourage the most appropriate use of the land, create a harmonious relationship
among land uses, provide opportunities to construct affordable housing and protect the
health, safety, and general welfare of the community.
17.76.020 Definitions.
Words and terms used in this chapter shall have the same definitions as provided
in Chapter 17.08 of this Title 17.
17.76.030 General provisions.
A. The provisions of this chapter shall control development in the RPD20U-
N-D zone and shall prevail over any conflicting provisions in other portions of the
Moorpark Municipal Code.
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B. All land use entitlements and permits issued within the RPD20U-N-D
zoning area shall be consistent with the city's general plan, as amended.
C. The director of community development shall have the power to interpret
the regulations and standards applicable to the RPD20U-N-D zone.
D. Procedures for the processing of land use entitlements for the RPD20U-N-
D zone shall be the same as defined in Sections 17.44.060 and 17.76.040 of this Code.
17.76.040 Application Procedures and Consistency Determinations.
A. Planned Development (PD) Permit. A PD permit is required prior to
initiation of uses and structures in the RPD20U-N-D zone, as specified in Chapter 17.20
of this Title. A PD permit application is subject to compliance with the development
standards of the RPD20U-N-D zone and shall be a permitted use not subject to
discretionary review or approval if determined to be in compliance with the development
standards of the RPD20U-N-D zone. The Planning Commission shall hold at least one
(1) public meeting on any PD permit application in this zone. A PD permit shall be
approved by resolution if the Planning Commission determines that:
1. The site design, including structure location, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, satisfies the objective
requirements of the general plan, zoning ordinance, and any other applicable
ordinances, or Federal or State regulations; and
2. The project complies with the development standards in this chapter
17.76.
B. The procedures for appeals and modifications of a PD permit application
under this chapter shall be in accordance with the procedures set forth in chapter 17.44
of this Code.
C. A PD permit shall expire one (1) year from the date of its approval by the
Planning Commission unless the use has been inaugurated by issuance of a building
permit. The Community Development Director may, at his/her discretion, grant up to
two (2) additional one-year extensions for use inauguration of the PD permit, if there
have been no changes in the adjacent areas and if the applicant can document that
he/she has worked diligently towards use inauguration during the initial period of time.
The request for extension of this PD permit must be made in writing, at least thirty (30)
days prior to the expiration date of the permit and must be accompanied by applicable
entitlement processing deposits.
D. Zoning Clearance. Pursuant to Section 17.44.030(B)(1) of this Title, a
Zoning Clearance review and approval by the Community Development Director shall
be required before a building permit may be issued for any development in the
RPD20U-N-D zone.
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E. The failure of the owner to develop and maintain property in the RPD20U-
N-D zone in compliance with this chapter, and the PD permit shall subject the owner to
nuisance abatement requirements of this Code and State law. The applicant shall be
liable to the City for any and all costs and expenses to the City required to abate the
nuisance and obtain compliance with the project approvals or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon which the nuisance existed,
pursuant to Chapter 1.12 of this Code.
17.76.050 Development Standards.
1. Minimum lot area: 0.75 (three quarters) of an acre (32,670 square feet).
2. Density: 20 units per acre with a minimum of 16 units per site.
Subsections (2) and (3) of Section 17.64.030(B) allowing for a density bonus exceeding
the density bonus required by State law shall not apply to the RPD20U-N-D zone.
3. Building Setbacks:
a. Front setback: Minimum landscaped setback of twenty (20) 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 multiple-family dwelling unit on an interior lot
shall be five (5) feet. Minimum for a multiple-family dwelling unit adjacent to a street is
fifteen (15) 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 multiple-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, carports, or for detached
accessory structures, the minimum required rear setback is five (5) feet.
d. 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; or must be located below the lowest parapet
roof so equipment will not be visible from offsite, subject to criteria under Roofs below.
4. Maximum building height:
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a. Thirty-five (35) feet for dwelling units;
b. Fifteen (15) feet for a patio cover, carport or accessory structure;
C. Second story decks or balconies are prohibited within fifteen (15) feet of
any property line.
5. Fences and Walls. Fences and walls 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.
6. Lighting. Lighting shall comply with Chapter 17.30 of the City of Moorpark
Municipal Code.
7. Parking. Parking shall comply with Chapter 17.32 of the City of Moorpark
Municipal Code.
8. Signage. Signage shall comply with Chapter 17.40 of the City of Moorpark
Municipal Code.
9. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in consultation with
the project paleontologist or archeologist, shall assure the preservation of the site and
immediately contact the Community Development Director by phone, in writing by email
or hand delivered correspondence informing the Director of the find. In the absence of
the Director, the applicant shall so inform the City Manager. The applicant shall be
required to obtain the services of a qualified paleontologist or archeologist, whichever is
appropriate, to recommend disposition of the site. The paleontologist or archeologist
selected must be approved in writing by the Community Development Director. The
applicant shall pay for all costs associated with the investigation and disposition of the
find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance
for a grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the Community
Development Director for review and approval. The development and implementation
of this Plan must include consultations with the Applicant's engineering geologist as well
as a requirement that the curation of all specimens recovered under any scenario will be
through the Los Angeles County Museum of Natural History (LACMNH). All specimens
become the property of the City of Moorpark unless the City chooses otherwise. If the
City accepts ownership, the curation location may be revised. The monitoring and data
recovery should include periodic inspections of excavations to recover exposed fossil
materials. The cost of this data recovery is limited to the discovery of a reasonable
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sample of available material. The interpretation of reasonableness rests with the
Community Development Director.
11. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor),
and particulate matter (aerosols/dust) generated during construction operations must be
minimized in accordance with the City's standards and the standards of the Ventura
County Air Pollution Control District (APCD). When an air pollution Health Advisory has
been issued, construction equipment operations (including but not limited to grading,
excavating, earthmoving, trenching, material hauling, and roadway construction) and
related activities must cease in order to minimize associated air pollutant emissions.
12. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval by the
City or any of its agencies, departments, commissions, agents, officers, or employees
concerning this entitlement approval, which claim, action or proceeding is brought within
the time period provided therefore in Government Code Section 66499.37 or other
sections of state law as applicable and any provision amendatory or supplementary
thereto. The City will promptly notify the applicant of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to cooperate fully in the
defense, the applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is issued pursuant to the planned
development permit.
13. All facilities and uses, other than those specifically requested in the
application and approval and those accessory uses allowed by the Municipal Code, are
prohibited unless otherwise permitted through application for modification consistent
with the requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
14. Recreational Amenities. Residential planned development permit areas on
properties that have an average size of more than one and one half acre (65,340
square feet) shall include private recreational amenities including but not limited to the
following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue
area with seating, and multipurpose play area field. Residential planned development
permit areas on properties that have an average size of less than one and one half acre
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Resolution No. 2013 -
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(65,340 square feet) shall include private recreational amenities including but not limited
to the following: play apparatus, picnic shelter, barbecue area with seating, and
multipurpose play area field.
15. Eaves and Window Treatments and Surrounds. The eaves and window
treatments and surrounds on all sides of a structure shall match the eaves, window
treatments and surrounds on the front elevation, achieving four-sided architectural
compatibility with the chosen architectural style.
16. 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, such as a chimney or window.
17. Colors. The paint colors shall be earth-toned, and match the chosen
architectural style. The paint treatment must be applied along all window surrounds and
parapets with varying colors, and on all wall facades of all elevations until
commencement of wall planes or other architecturally feasible termination point, such
as a chimney or window. Identification of coating or rust-inhibitive paint must be used for
all exterior metal building surfaces to prevent corrosion and release of metal
contaminants into the storm drain system.
18. Roofs. The roofs shall be pitched roofs covered in concrete roofing tile or
equivalent with a minimum 3:12 pitch, or shall utilize decorative parapet roofing
matching the chosen architectural style, that shall be no lower than the tallest roof
mounted mechanical equipment. Roof-mounted equipment and other noise generation
sources on-site must be attenuated to 45 decibels (dBA) or to the ambient noise level at
the property line measured at the time of the occupancy, whichever is greater. This
shall be based on a city-approved noise study for the residential planned development
that shows that the current project attenuates all on-site noise generation sources to the
required level or provides recommendations as to how the project could be modified to
comply. The noise study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards. No exterior roof access ladders are
permitted.
19. Durable Materials. The trim on the ground floor levels of the structures
must be constructed of durable materials, (i.e. wood window trim or 1/4" minimum
cementous stucco coat over foam).
20. A utility room with common access to house all meters and the roof
access ladder must be provided
21. Outdoor facilities. Any outdoor ground level equipment, facilities or storage
areas including, but not limited to loading docks, trash enclosures, cooling towers,
generators, must be architecturally screened from view with masonry wall and/or
landscaping. Transformers and cross connection water control devices (subject to
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approval by Ventura County Waterworks District No. 1), must be screened from street
view with a masonry wall and/or landscaping.
22. Trash disposal. Trash disposal and recycling areas must be placed in
locations which will not interfere with circulation, parking or access to the building.
Exterior trash areas and recycling bins must use impermeable pavement and be
designed to have a cover and so that no other area drains into it. The trash areas and
recycling bins must be depicted on the final construction plans and drains from the
disposal and recycling areas must be connected to the sewer system.
23. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building Code as
adopted by the City of Moorpark and in conformance with the latest "Land Development
Manual' and "Road Standards" as promulgated by Ventura County; "Hydrology Manual"
and "Design Manual" as promulgated by Ventura County Watershed Protection District;
"Standard Specifications for Public Works Construction" as published by BNI (except for
signs, traffic signals and appurtenances thereto which must conform to the provisions of
Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of
the "Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
24. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of Geometric
Design of Highways and Streets," most recent edition, as published by the American
Association of State Highway and Transportation Officials. In the case of conflict
between the standards, specifications and design manuals listed herein and above, the
criteria that provide the higher level of quality and safety prevail as determined by the
City Engineer and Public Works Director.
25. Engineering plans must be submitted on standard City title block sheets of
24-inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
26. A 15-mile per hour speed limit must be observed within all construction
areas.
27. If any hazardous waste or material is encountered during the construction
of this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District, the
Moorpark Police Department, and the Moorpark City Engineer and Public Works
Director must be notified immediately. Work may not proceed until clearance has been
issued by all of these agencies.
28. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been cleaned at
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least twice a year, once immediately prior to October 1 st (the rainy season) and once in
January. Additional cleaning may be required by the City Engineer and Public Works
Director depending upon site and weather conditions.
29. All paved surfaces; including, but not limited to, the parking area and
aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept,
washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be
trapped and collected to prevent entry to the storm drain system in accordance with
NPDES requirements.
30. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by the
Ventura County Fire Prevention Division. Water and Sewer improvements plans must
be submitted to Ventura County Waterworks District No. 1 for approval.
31. Prior to any work being conducted within any State, County, or City right-
of-way, the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the plans
associated with the permits to the City Engineer and Public Works Director.
32. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of
the Moorpark Municipal Code and any provision amendatory or supplementary thereto,
as a standard requirement for construction noise reduction.
33. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s) and/or
provision of a full time licensed security guard) to prevent unauthorized persons from
entering the work site at any time and to protect the public from accidents and injury.
34. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour limitations.
35. All grading and drainage plans must be prepared by a qualified
Professional Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works Director.
Prior to or concurrently with the submittal of a grading plan the applicant shall submit a
soils (geotechnical) report.
36. Grading must conform to the standards contained in Chapter 17.38
Hillside Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and horizontal) of
contoured slopes must be provided to the satisfaction of the City Engineer, Public
Works Director and Community Development Director.
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37. Prior to the issuance of a grading permit or Final Map approval, whichever
comes first, the applicant shall post sufficient surety with the City, in a form acceptable
to the City Engineer and Public Works Director, guaranteeing completion of all onsite
and offsite improvements required by these Conditions of Approval and/or the Municipal
Code including, but not limited to grading, street improvements, storm drain
improvements, temporary and permanent Best Management Practice (BMP) for the
control of non-point water discharges, landscaping, fencing, and bridges. Grading and
improvements must be designed, bonded and constructed as a single project.
38. Prior to the issuance of a grading permit or Final Map approval, whichever
occurs first, the applicant shall provide written proof to the City Engineer and Public
Works Director that any and all wells that may exist or have existed within the project
have been properly sealed, destroyed or abandoned per Ventura County Ordinance No.
2372 or Ordinance No. 3991 and per California Department of Conservation, Division of
Oil, Gas, and Geothermal Resources requirements.
39. Prior to issuance of a grading permit, final approved soils and geology
reports must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist, an extra
copy of the final report must be provided by the applicant to the City Engineer and
Public Works Director and be sent by the applicant to the California Department of
Conservation, Division of Mines and Geology in accordance with Public Resources
Code Section 2697 within 30 days of report approval.
40. Prior to issuance of the grading permit, a grading remediation plan and
report must be submitted for review and approval of the City Engineer and Public Works
Director. The report must evaluate all major graded slopes and open space hillsides
whose performance could affect planned improvements. The slope stability analysis
must be performed for both static and dynamic conditions, using an appropriate pseudo-
static horizontal ground acceleration coefficient for earthquakes on faults, capable of
impacting the project in accordance with standard practice as outlined in DMG Special
Publication No. 117, 1997.
41. Prior to issuance of the grading permit, the project geotechnical engineer
shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be provided
to the City Engineer and Public Works Director. During construction, measures to
reduce seismic liquefaction risks shall be employed as recommended in the approved
remediation plan and associated geotechnical report, such as placement of a non-
liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or
the excavation of a shear key below the base of the liquefiable zone. Where liquefaction
hazard site conditions exist, the applicant shall provide an extra copy of the final report
to the City Engineer and Public Works Director and shall send a copy of the report to
the California Department of Conservation, Division of Mines and Geology in
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accordance with Public Resources Code Section 2697 within 30 days of report
approval.
42. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures during
all construction and grading.
43. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be retained
to prepare Erosion and Sediment Control Plans in conformance with the currently
issued Ventura County Municipal Strom Water NPDES Permit. These Plans shall
address, but not be limited to, construction impacts and long-term operational effects on
downstream environments and watersheds. The Plans must consider all relevant
NPDES requirements and recommendations for the use of the best available
technology and specific erosion control measures, including temporary measures during
construction to minimize water quality effects to the maximum extent practicable. Prior
to the issuance of an initial grading permit, review and approval by the Community
Development Director and City Engineer and Public Works Director is required.
44. Prior to the import or export of more than one hundred (100) truckloads or
one thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the
currently adopted City of Moorpark Engineering Policies and Standards is required.
45. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and
streets, the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development Director,
approximately 18 inches high, with curb outlet drainage to be constructed behind the
back of the sidewalk to prevent debris from entering the sidewalk or street. The wall
must be designed and constructed in conformance with the City's standard wall detail.
All material for the construction of the wall shall be approved by the City Engineer and
Public Works Director and Community Development Director. Retaining walls greater
than 18 inches in height must be set back two-feet (2) from the back of the sidewalk.
This two-foot (2) area must be landscaped and have no greater than a two percent
(2%) cross fall slope. The slough wall and landscaping design is subject to the review
and approval of the City Engineer and Public Works Director and Community
Development Director.
46. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping, appropriate to the
entry, shall be provided that will not interfere with sight-distance or turning movement
operations. The final design for the project entrance must be reviewed and approved by
the Community Development Director and the City Engineer and Public Works Director.
47. During grading, the project geotechnical engineer shall observe and
approve all keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub-drains including their
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connections. All fill slope construction must be observed and tested by the project
geotechnical engineer, and the density test results and reports submitted to the City
Engineer and Public Works Director to be kept on file. Cuts and slopes must be
observed and mapped by the project geotechnical and civil engineers who will provide
any required slope modification recommendations based on the actual geologic
conditions encountered during grading. Written approval from the City Engineer and
Public Works Director must be obtained prior to any modification.
48. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project geotechnical
engineers. These reports must include the results and locations of all compaction tests,
as-built plans of all landslide repairs and fill removal, including geologic mapping of the
exposed geology of all excavations showing cut cross-sections and sub-drain depths
and locations. The lists of excavations approved by the engineering geologist must also
be submitted. Building permits will not be issued without documentation that the grading
and other pertinent work has been performed in accordance with the geotechnical
report criteria and applicable Grading Ordinance provisions.
49. During grading, colluvial soils and landslide deposits within developed
portions of the properties must be re-graded to effectively remove the potential for
seismically-induced landslides in these materials. Additional buttressing, keying and
installation of debris benches must be provided in transition areas between non-graded
areas and development as recommended in the final geotechnical reports by the project
geotechnical engineer.
50. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for approval
by the engineers-of-work and specifically approved in writing by the City Engineer and
Public Works Director.
51. Temporary irrigation, hydroseeding and erosion control measures,
approved by the Community Development Director, City Engineer and Public Works
Director, must be implemented on all temporary grading. Temporary grading is defined
to be any grading partially completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to a temporary or permanent
grading activity that remains or is anticipated to remain unfinished or undisturbed in its
altered condition for a period of time greater than thirty (30) calendar days except that
during the rainy season (October 1 to April 15), these measures will be implemented
immediately.
52. The maximum gradient for any slope must not exceed a 2:1
(horizontal-vertical) slope inclination except where special circumstances exist. In the
case of special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City Engineer, Public
Works Director, and the Community Development Director.
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53. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely manner with
groundcover, trees and shrubs (consistent with the approved landscape and irrigation
plans) to stabilize slopes and minimize erosion. Timely manner means that the slope
soil amendments, irrigation systems and planting on each slope must commence
immediately upon the completion of the grading of each slope, that the completion of
slope grading will not be artificially delayed and that the slope soil amendments,
irrigation systems and planting must be completed on a schedule commensurate with
the grading. The planting will be to the satisfaction of the Community Development
Director, City Engineer, and Public Works Director.
54. Grading may occur during the rainy season from October 1 to April 15,
subject to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director and
when erosion control measures are in place. In order to start or continue grading
operations between October 1 and April 15, project-specific erosion control plans that
provide detailed Best Management Practices for erosion control during the rainy season
must be submitted to the City Engineer and Public Works Director no later than
September 1 of each year that grading is in progress. During site preparation and
construction, the contractor shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading and construction purposes. During
the rainy season, October 1 through April 15, all graded slopes must be covered with a
woven artificial covering immediately after completion of each graded slope. Grading
operations must cease if the applicant fails to place effective best management
measures on graded slopes immediately after construction. No slopes may be graded
or otherwise created when the National Weather Service local three-day forecast for
rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the
permanent and temporary slopes before the rain event. The artificial covering and
planting will be to the satisfaction of the Community Development Director, City
Engineer, and Public Works Director.
55. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of ground
disturbance, application of water/chemicals, temporary/permanent ground
cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth
moving, excavation, soil import and/or soil export operations must cease during periods
of high winds (greater than 15 mph averaged over one hour).
56. Backfill of any pipe or conduit must be in four-inch (4") fully compacted
layers unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
57. Soil testing for trench compaction must be performed on all trenching and
must be done not less than once every two feet (2') of lift and one-hundred lineal feet
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(100) of trench excavated. Test locations must be noted using true elevations and
street stationing with offsets from street centerlines.
58. Prior to issuance of each building permit, the project geotechnical and/or
soils engineer shall submit an as-graded geotechnical report and a rough grading
certification for said lot and final soils report compiling all soils reports, addendums,
certifications, and testing on the project for review and approval by the City Engineer
and Public Works Director.
59. Prior to issuance of the first building permit, the project's engineer shall
certify that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
60. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to commencement of
grading or construction, the applicant shall prepare a notice that grading or construction
work will commence. This notice shall be posted at the site and mailed to all owners and
occupants of property within five-hundred feet (500) of the exterior boundary of the
project site, as shown on the latest equalized assessment roll. The notice must include
current contact information for the applicant, including all persons with authority to
indicate and implement corrective action in their area of responsibility, including the
name of the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and vehicles,
erosion control, and the twenty-four (24) hour emergency number, must be expressly
identified in the notice. The notice must be re-issued with each phase of major grading
and construction activity. A copy of all notices must be concurrently transmitted to the
Community Development Department. The notice record for the City must be
accompanied by a list of the names and addresses of the property owners notified and
a map identifying the notification area.
61. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where appropriate to
minimize expansive soil effects on structures: potential foundation systems to include
pier and grade beam; use of structural concrete mats and post-tensioned slabs; pad
overcutting to provide uniform swell potential; and soil subgrade moisture treatment.
62. Prior to issuance of building permits, chemical testing of representative
building pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures must be
implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete, and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
63. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential thickness of the
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fill under individual buildings may not be greater than ten (10) feet. These measures
must be verified by construction observation and testing by the project geotechnical
engineer as outlined in the final geotechnical reports and approved by the City Engineer
and Public Works Director.
64. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer during
the final design stage. Possible measures that may be required based on the settlement
data include surcharging, delaying construction for a period of time before constructing
on deep fills, or allowing for the predicted settlement in the design of the project
components.
65. Transfer of responsibility of California Registered Civil Engineer in charge
for the project must be in accordance with rules and guidelines set forth pursuant to
Rules of the Board for Professional Engineers and Land Surveyors, California Code of
Regulations, Title 16, Division 5, Board Rule 404.1, Subsections (c) and (d), that speak
to Successor Licensee and Portions of Projects.
66. Applicant has full right to exercise the service of a new engineer in charge
at any time during a project. When there is a change in engineer, the applicant/owner
shall notify the City Engineer and Public Works Director in writing within 48 hours of
such change. Said letter shall specify successor California Registered Civil Engineer
and shall be stamped and signed and dated by said engineer in responsible charge and
shall accept responsibility of project. The letter will be kept on file at the City.
67. Prior to construction of any public improvement, the applicant shall submit
to the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and enter into
an agreement with the City of Moorpark to complete public improvements, with sufficient
surety posted to guarantee the complete construction of all improvements, except as
specifically noted in these Standard Conditions or Special Conditions of Approval.
68. Prior to issuance of the first building permit, all existing and proposed
utilities, including electrical transmission lines less than 67Kv, must be under-grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the City
Council.
69. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes,
etc.) must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within the
sidewalk, a minimum of five feet (5) clear sidewalk width must be provided around the
obstruction. Above-ground obstructions may not be located within or on multi-purpose
trails.
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70. Prior to final inspection of improvements, the project Registered Civil
Engineer shall submit certified original "record drawing" plans with three (3) sets of
paper prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the City
Engineer and Public Works Director. These "record drawing" plans must incorporate all
plan revisions and all construction deviations from the approved plans and revisions
thereto. The plans must be "record drawings" on 24" X 36" Mylar@ sheets (made with
proper overlaps) with a City title block on each sheet. In addition, the applicant shall
provide an electronic file update of the City's Master Base Map electronic file,
incorporating all streets, sidewalks, street lights, traffic control facilities, street striping,
signage and delineation, storm drainage facilities, water and sewer mains, lines and
appurtenances and any other utility facility installed for this project.
71. The street improvement plans must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771, all
recorded monuments in the construction area will be protected in place during
construction, or have been located and tied with no fewer than four (4) durable
reference monuments, which will be protected in place during construction. Copies of all
monument tie sheets must be submitted to the City on reproducible 3-mil polyester film.
72. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City Engineer and Public
Works Director.
73. All streets must conform to the latest City of Moorpark Engineering
Policies and Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty
(30) year term for public streets and ESAL for a twenty (20) year term on private streets.
All streets must be designed and constructed to the required structural section in
conformance with the latest City of Moorpark Engineering Policies and Standards. The
geotechnical or soil reports must address the need for possible sub-drainage systems to
prevent saturation of the pavement structural section or underlying foundation. An
additional one and one-half inch (1-1/2") thick rubberized asphalt pavement must be
added to the structural section for public streets. This additional pavement may not be
used in determining the required structural section.
74. When required by the City Engineer and Public Works Director, the
applicant shall provide, for the purposes of traffic signal installation, two (2) four-inch
(4") P.V.C. conduits extending across all intersections, and surfacing through "J" boxes
to the satisfaction of the City Engineer and Public Works Director.
75. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works Director,
drainage plans with the depiction and examination of all on-site and off-site drainage
structures and hydrologic and hydraulic calculations in a bound and indexed report
prepared by a California Registered Civil Engineer.
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76. Drainage improvements must be designed so that after-development,
drainage to adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100 year
storms, nor will surface runoff be concentrated by this project. Acceptance of storm
drain waters by the project and discharge of storm drain waters from the project must be
in type, kind and nature of predevelopment flows unless the affected upstream and/or
downstream owners provide permanent easement to accept such changed storm
drainage water flow. All drainage measures necessary to mitigate stormwater flows
must be provided to the satisfaction of the City Engineer and Public Works Director. The
applicant shall make any on-site and downstream improvements, required by the City,
to support the proposed development.
77. The drainage plans and calculations must analyze conditions before and
after development, as well as, potential development proposed, approved, or shown in
the General Plan. Quantities of water, water flow rates, major watercourses, drainage
areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump
locations, detention and NPDES facilities and drainage courses must be addressed.
78. Local residential and private streets must be designed to have at least one
dry travel lane available during a 10-year frequency storm. Collector streets must be
designed to have a minimum of one dry travel lane in each direction available during a
10-year frequency storm.
79. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs per the
latest issued Ventura County Municipal Storm Water NPDES Permit.
80. The hydraulic grade line within any catch basin may not extend higher
than nine inches (9") below the flow line grade elevation at the inlet.
81. No pressure manholes for storm drains are allowed unless specifically
approved in writing by the City Engineer and Public Works Director. If permitted, all
storm drain lines under water pressure must have rubber gasket joints.
82. All manhole frames and covers shall have a thirty-inch (30") minimum
diameter. This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
83. The Q50 storm occurrence must be contained within the street right-of-
way.
84. The maximum velocity in any storm drain system may not exceed twenty
feet (20') per second.
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85. All detention and debris structures that fall under the definition of being a
dam must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
86. Only drainage grates of a type approved by the City Engineer and Public
Works Director may be used at locations accessible by pedestrian, bicycle or equestrian
traffic. Drainage grates shall not be allowed in sidewalks or trails.
87. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, the RCP delivered to project site must have the D-LOAD
specified on the RCP.
88. The grading plan must show distinctive lines of inundation delineating the
100-year flood level.
89. All flows that have gone through flow attenuation and clarification by use
of acceptable Best Management Practice Systems and are flowing within brow ditches,
ribbon gutters, storm drain channels, area drains and similar devices are to be
deposited directly into the storm drain system unless an alternative has been approved
by the City Engineer and Public Works Director. Storm drain and related easements
outside the public right-of-way are to be privately maintained unless otherwise approved
by the City Council.
90. Concrete surface drainage structures exposed to the public view must be
tan colored concrete, as approved by the Community Development Director, and to the
extent possible must incorporate natural structure and landscape to blend in with the
surrounding material.
91. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
92. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of discharge
to the satisfaction of the City Engineer and Public Works Director.
93. The applicant shall demonstrate, for each building pad within the
development area, that the following restrictions and protections can be put in place to
the satisfaction of the City Engineer and Public Works Director:
• Adequate protection from a one-hundred (100) year frequency storm;
• Feasible access during a fifty (50) year frequency storm.
• Elevation of all proposed structures within the one-hundred (100) year flood zone
at least one (1) foot above the one-hundred (100) year flood level.
Hydrology calculations must be per current Ventura County Watershed Protection
Agency Standards and to the satisfaction of the City Engineer and Public Works
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Director. Development projects within a 100 year flood zone may require a
Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR)
as determined by the City Engineer and Public Works Director.
94. The storm drain system must be designed with easements of adequate
width for future maintenance and reconstruction of facilities, particularly facilities deeper
than eight feet (8'). In addition, all facilities must have all-weather vehicular access.
95. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
96. Storm drain systems must be constructed per the most current Ventura
County Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works Director.
97. All storm drain easement widths and alignments must conform to the City
of Moorpark requirements and be to the satisfaction of the City Engineer and Public
Works Director. Easements must provide sufficient room for reconstruction of the storm
drain systems and provide all weather access within the easement, to all manholes,
inlets, outlets and any other structure that requires maintenance.
98. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is acceptable to
the City Engineer and Public Works Director. The designated NPDES person
(superintendent) shall be present, on the project site Monday through Friday and on all
other days when the probability of rain is forty percent (40%) or greater and prior to the
start of and during all grading or clearing operations until the release of grading bonds.
The superintendent shall have full authority to rent equipment and purchase materials to
the extent needed to effectuate Best Management Practices. The superintendent shall
be required to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
99. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall prepare and
submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the
Ventura Countywide Stormwater Quality Management Program. The SWPCP must
address the construction phase compliance to stormwater quality management
regulations for the project. The SWPCP, improvement plans and grading plans must
note that the contractor shall comply with the California Best Management Practices
Construction Handbook, published by the California Stormwater Quality Association.
The SWPCP must be submitted, with appropriate review deposits, for the review and
approval of the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design the use
and placement of Best Management Practices (BMPs) to effectively prohibit the entry of
pollutants from the construction site into the storm drain system during construction.
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Erosion control BMPs, which include wind erosion, dust control, and sediment source
control BMPs for both active and inactive (previously disturbed) construction areas are
required.
100. The SWPCP must include provisions for modification of BMPs as the
project progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the SWPCP to be
accompanied by a detailed project schedule that specifically identifies the type and
location of construction operations for the project. The SWPCP must be developed and
implemented in accordance with the latest issued Ventura Countywide Stormwater
Quality Management Program, NPDES Permit, Chapter 8.52 of the Moorpark Municipal
Code and any other requirements established by the City. The applicant is responsible
for ensuring that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a notice of
termination has been approved by the City Engineer and Public Works Director and
accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must
include schedules and procedures for onsite maintenance of earthmoving and other
heavy equipment and documentation of proper disposal of used oil and other lubricants.
Onsite maintenance of all equipment that can be performed offsite will not be allowed.
101. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for projects with
facilities identified as subject to the State Board General Industrial and Commercial
permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP).
The SWPPP must address post-construction compliance with stormwater quality
management regulations for the project. The SWPPP, improvement plans and grading
plans must note that the contractor shall comply with the latest edition of the California
Best Management Practices New Development and Redevelopment Handbook,
published by the California Stormwater Quality Association. The SWPPP must comply
with the Ventura Countywide Stormwater Quality Management Program Land
Development Guidelines, Technical Guidance Manual for Stormwater Quality Control
Measures, and the Stormwater Management Program (SMP) to develop, achieve, and
implement a timely, comprehensive, cost effective stormwater pollution control program
to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared
in compliance with the form and format established in the Ventura Countywide
Stormwater Quality Management Program, and submitted, with appropriate review
deposits, for the review and approval of the City Engineer/Public Works Director. The
proposed plan must also address all relevant NPDES requirements, maintenance
measures, estimated life spans of Best Management Practices facilities, operational
recommendations and recommendations for specific Best Management Practices
technology, including all related costs. The use of permanent dense ground cover
planting approved by the City Engineer/Public Works Director and Community
Development Director is required for all graded slopes. Methods of protecting the
planted slopes from damage must be identified. Proposed management efforts during
the lifetime of the project must include best available technology. "Passive" and "natural"
BMP drainage facilities are to be provided such that surface flows are intercepted and
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treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar
"active" devices is not acceptable and may not be used without specific prior approval of
the City Council. The use of biological filtering, bio-remediation, infiltration of pre-filtered
stormwater and similar measures that operate without annual maintenance intervention,
that are failsafe, that, when maintenance is needed, will present the need for
maintenance in an obvious fashion and which will be maintainable in a cost effective
and non-disruptive fashion is required. As deemed appropriate for each project, the
SWPPP must establish a continuing program of monitoring, operating and maintenance
to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged
waters.
C. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
102. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall submit a
Notice of Intent (NOI) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the latest issued NPDES Construction
General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff
Associated with Construction Activities). The applicant shall also provide a copy of the
Notice of Intent (NOI) to the City Engineer and Public Works Director as proof of permit
application. The improvement plans and grading plans shall contain the Waste
Discharge Idenfication number for the project.
103. Engineering and geotechnical or soils reports must be provided to prove,
to the satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet the
minimum requirements relating to water detention and clarification.
104. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal
Code and any provision amendatory and supplementary thereto.
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17.76.060 Fees.
1. Entitlement Processing: Prior to the approval of any Zoning Clearance for
this entitlement, the applicant shall submit to the Community Development Department
all outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment must be made within sixty (60) calendar days after the
approval of this entitlement.
2. Condition Compliance: Prior to the issuance of any Zoning Clearance,
building permit, grading permit, or advanced grading permit, the applicant shall submit
to the Community Development Department the Condition Compliance review deposit.
3. Capital Improvements and Facilities, and Processing: Prior to the issuance
of any Zoning Clearance for a building permit, the applicant shall submit to the
Community Development Department, capital improvement, development, and
processing fees at the current rate then in effect. Said fees include, but are not limited to
building and public improvement plan checks and permits.
4. Parks: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with City ordinances and resolutions.
5. Fire Protection Facilities: Prior to the issuance of a Zoning Clearance for a
building permit, current Fire Protection Facilities Fees must be paid to the Building and
Safety Division in accordance with the City Council adopted Fire Protection Facilities
Fee requirements in effect at the time of building permit application.
6. Library Facilities: Prior to the issuance of a Zoning Clearance for a
building permit, the Library Facilities Fee must be paid to the Building and Safety
Division in accordance with the City Council adopted Library Facilities Fee requirements
in effect at the time of building permit application.
7. Police Facilities: Prior to the issuance of a Zoning Clearance for a building
permit, the Police Facilities Fee must be paid to the Building and Safety Division in
accordance with the City Council adopted Police Facilities Fee requirements in effect at
the time of building permit application.
8. Traffic Systems Management: Prior to the issuance of a Zoning
Clearance for a building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems Management
(TSM) Fee for the approved development consistent with adopted City policy for
calculating such fee.
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9. Intersection Improvements: Prior to the issuance of the first Zoning
Clearance for a building permit, the applicant shall submit to the Community
Development Department a fair-share contribution for intersection improvements
relating to the project. The amount of fair-share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report prepared for the
project and the extent of the impact to these intersections.
10. Citywide Traffic: Prior to the issuance of a Zoning Clearance for a building
permit, the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, based upon the effective date of approval of the entitlement consistent with
adopted City policy for calculating such fee.
11. Area of Contribution: Prior to the issuance of a Zoning Clearance for a
building permit, the applicant shall pay to the Community Development Department the
Area of Contribution (AOC) Fee for the area in which the project is located. The fee
shall be paid in accordance with the City Council adopted AOC fee requirements in
effect at the time of building permit application.
12. Street Lighting Energy Costs: Prior to the issuance of a Zoning Clearance
for a building permit, the applicant shall pay to the Community Development
Department all energy costs associated with public street lighting for a period of one
year from the acceptance of the street improvements in an amount satisfactory to the
City Engineer and Public Works Director.
13. Schools: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall provide written proof to the Community Development Department
that all legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
14. Art in Public Places: Prior to the issuance of a Zoning Clearance for a
building permit, the applicant shall contribute to the Art in Public Places Fund in
accordance with Municipal Code Chapter 17.50 and sections amendatory or
supplementary thereto. Contribution is to be submitted to the Community Development
Department. If the applicant is required to provide a public art project on or off-site in
lieu of contributing to the Art in Public Places Fund, the art work must have a value
corresponding to, or greater than, the contribution, and must be approved, constructed
and maintained for the life of the project in accordance with the applicable provision of
the Moorpark Municipal Code.
15. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public Works
Director and the Building and Safety Division the City's electronic image conversion fee
for entitlement/condition compliance documents; Final Map/ engineering improvement
plans/permit documents; and building plans/permit documents, respectively.
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16. Crossing Guard: Prior to the issuance of Zoning Clearance for a building
permit, the applicant shall pay to the Community Development Department an amount
to cover the costs associated with a crossing guard for five years at the then current
rate, plus the pro-rata cost of direct supervision of the crossing guard location and
staff's administrative costs calculated at fifteen percent (15%) of the above costs. This
applies to residential project of ten (10) or more units.
17. Storm Drain Discharge Maintenance Fee: Prior to the issuance of a
Zoning Clearance for a building permit, the applicant shall pay to the Community
Development Department the citywide Storm Drain Discharge Maintenance Fee in
accordance with the City Council adopted Storm Drain Discharge Maintenance Fee
requirements in effect at the time of building permit application.
18. County Traffic Impact Mitigation Fee: Prior to the issuance of a Zoning
Clearance for a building permit, the County Traffic Impact Mitigation Fee must be paid in
accordance with County adopted fee requirements in effect at the time of building permit
application.
-end-
128
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2013-03,
TO AMEND CHAPTERS 17.12 (ESTABLISHMENT OF ZONES
BOUNDARIES AND MAPS) AND 17.20 (USES BY ZONE), AND
TO ADD CHAPTER 17.76 (RESIDENTIAL PLANNED
DEVELOPMENT 20 UNITS TO THE ACRE [RPD-20U-N-D]), TO
THE MOORPARK MUNICIPAL CODE TO ENSURE
COMPLIANCE WITH THE ADOPTED HOUSING ELEMENT, AND
CONSISTENCY WITH CHANGES IN FEDERAL AND STATE LAW
ON THE APPLICATION OF THE CITY OF MOORPARK.
WHEREAS, at its meeting of July 17, 2013, the City Council adopted Resolution
No. 2013-3204 directing the Planning Commission to consider a General Plan
Amendment, a Downtown Specific Plan Amendment, a Zone Change of at least 25.8
total acres of land to Residential Planned Development (RPD) — 20U, (locations to be
determined) and amendments to Title 17 (Zoning) of the Moorpark Municipal Code
regarding development of a RPD-20U zone, to allow development of 20 units per acre,
at various locations throughout the city, locations to be determined, on the application of
the City of Moorpark, to ensure compliance with the adopted Housing Element,
consistent with State law, the City's General Plan and other provisions of the City's
Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on August 27, 2013, the Planning
Commission considered Zoning Ordinance Amendment No. 2013-03, to amend
Chapters 17.12 (Establishment of Zones Boundaries and Maps) and 17.20 (Uses by
Zone), and to add Chapter 17.76 (Residential Planned Development 20 units to the acre
[RPD-20U-N-D]), to the Moorpark Municipal Code to ensure compliance with the
adopted Housing Element, and consistency with changes in Federal and State Law; and
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; closed the hearing; and the Planning Commission adopted
Resolution No. PC-2013-587 recommending approval to the City Council of Zoning
Ordinance Amendment No. 2013-03; and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered the agenda report for Zoning Ordinance Amendment No. 2013-03
and any supplements thereto and written public comments; opened and closed the
public -hearing and took and considered public testimony both for and against the
proposal and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, considered and adopted a
Negative Declaration prepared for the project referenced above.
CC ATTACHMENT 5
129
Ordinance No.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2013-03 amending Chapters
17.12 (Establishment of Zones Boundaries and Maps) and 17.20 (Uses by Zone), and
adding Chapter 17.76 (Residential Planned Development 20 Units to the acre [RPD-
20U-N-D]) to the Moorpark Municipal Code to be consistent with the City of Moorpark
General Plan and all adopted Specific Plans.
SECTION 2. Zoning Ordinance Amendment No. 2013-03 amending Chapters
17.12 (Establishment of Zones Boundaries and Maps) and 17.20 (Uses by Zone), and
adding Chapter 17.76 (Residential Planned Development 20 Units to the acre [RPD-20U-
N-D]) as shown in Exhibit"A" attached.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of 12013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A: 17.12.010 Purpose and establishment of zones; 17.20.050 et
seq.; Addition of Chapter 17.76 Residential Planned Development 20
Units to the Acre (RPD-20U-N-D)
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EXHIBIT A
Zoning Ordinance Amendment No. 2013-03
Amendments to Chapter 17.12
17.12.010 Purpose and establishment of zones.
In order to classify, regulate and segregate uses of lands and buildings; to regulate the
height and size of buildings; to regulate the area of yards and other open spaces around
buildings; and to regulate the density of population, the following classes of use zones
and their subzones are established:
A. Open space (O-S) zone;
B. Agricultural exclusive (A-E) zone,
C. Rural agricultural (R-A) zone;
D. Rural exclusive (R-E) zone;
E. Single-family estate (R-O) zone;
F. Single-family residential (R-1) zone;
G. Two-family residential (R-2) zone;
H. Residential planned development (R-P-D) zone;
I. Commercial office (C-O) zone;
J. Neighborhood commercial (C-1) zone;
K. General commercial (C-2) zone;
L. Commercial planned development (C-P-D) zone;
M. Industrial park (M-1) zone;
N. Limited industrial (M-2) zone;
O. Planned community (P-C) zone;
P. Specific plan (S-P) zone;
Q. Old town commercial (C-OT) zone,
R. Specific plan—downtown overlay (SP-D) zone;
S. Residential Planned Development 20 Units Per Acre (non-discretionary)
(RPD 20U-N-D) per Chapter 17.76.
Amendments to Chapter 17.20
Table 17.20.050 is amended to add a new column labeled "RPD20U-N-D" and then to
add a subparagraph (c) to paragraph 5 (Dwellings, multiple-family) to read as follows:
(c) Residential Planned Development 20 units per acre (non-discretionary planned
development permit) pursuant to Chapter 17.76.
This subparagraph (c) shall be shown with the symbol "ZC" under the column RPD20U-
N-D to reflect that developments in the RPD20U-N-D zone are subject to Zoning
Clearance review.
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Chapter 17.76
RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD 20U-N-D)
Sections:
17.76.010 Purpose.
17.76.020 Definitions.
17.76.030 General provisions.
17.76.040 Application Procedures and Consistency Determinations.
17.76.050 Development Standards.
17.76.060 Fees.
17.76.010 Purpose.
The purpose of this chapter is to set forth development regulations and
standards, which have been established to provide criteria for the development of the
properties within the Residential Planned Development 20 units to the acre (RPD20U-
N-D) zone to allow for development of affordable multi-family housing as a permitted
use and not subject to discretionary review or approval, and to provide adequate
separation for light, air, safety, and open space as well as to provide an aesthetically
pleasing environment in which to live, work and recreate. Implementation of the
regulations and standards set forth in this chapter are intended to ensure that future
development is coordinated and consistent with the goals and policies of the downtown
specific plan and the city's general plan, specifically the housing element.
The standards contained in this chapter provide for the arrangement,
development, and use of multi-family residential neighborhoods, open space areas, and
recreational sites. Application of these regulations and standards is intended to
encourage the most appropriate use of the land, create a harmonious relationship
among land uses, provide opportunities to construct affordable housing and protect the
health, safety, and general welfare of the community.
17.76.020 Definitions.
Words and terms used in this chapter shall have the same definitions as provided
in Chapter 17.08 of this Title 17.
17.76.030 General provisions.
A. The provisions of this chapter shall control development in the RPD20U-
N-D zone and shall prevail over any conflicting provisions in other portions of the
Moorpark Municipal Code.
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B. All land use entitlements and permits issued within the RPD20U-N-D
zoning area shall be consistent with the city's general plan, as amended.
C. The director of community development shall have the power to interpret
the regulations and standards applicable to the RPD20U-N-D zone.
D. Procedures for the processing of land use entitlements for the RPD20U-N-
D zone shall be the same as defined in Sections 17.44.060 and 17.76.040 of this Code.
17.76.040 Application Procedures and Consistency Determinations.
A. Planned Development (PD) Permit. A PD permit is required prior to
initiation of uses and structures in the RPD20U-N-D zone, as specified in Chapter 17.20
of this Title. A PD permit application is subject to compliance with the development
standards of the RPD20U-N-D zone and shall be a permitted use not subject to
discretionary review or approval if determined to be in compliance with the development
standards of the RPD20U-N-D zone. The Planning Commission shall hold at least one
(1) public meeting on any PD permit application in this zone. A PD permit shall be
approved by resolution if the Planning Commission determines that:
1. The site design, including structure location, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, satisfies the objective
requirements of the general plan, zoning ordinance, and any other applicable
ordinances, or Federal or State regulations; and
2. The project complies with the development standards in this chapter
17.76.
B. The procedures for appeals and modifications of a PD permit application
under this chapter shall be in accordance with the procedures set forth in chapter 17.44
of this Code.
C. A PD permit shall expire one (1) year from the date of its approval by the
Planning Commission unless the use has been inaugurated by issuance of a building
permit. The Community Development Director may, at his/her discretion, grant up to
two (2) additional one-year extensions for use inauguration of the PD permit, if there
have been no changes in the adjacent areas and if the applicant can document that
he/she has worked diligently towards use inauguration during the initial period of time.
The request for extension of this PD permit must be made in writing, at least thirty (30)
days prior to the expiration date of the permit and must be accompanied by applicable
entitlement processing deposits.
D. Zoning Clearance. Pursuant to Section 17.44.030(B)(1) of this Title, a
Zoning Clearance review and approval by the Community Development Director shall
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be required before a building permit may be issued for any development in the
RPD20U-N-D zone.
E. The failure of the owner to develop and maintain property in the RPD20U-
N-D zone in compliance with this chapter, and the PD permit shall subject the owner to
nuisance abatement requirements of this Code and State law. The applicant shall be
liable to the City for any and all costs and expenses to the City required to abate the
nuisance and obtain compliance with the project approvals or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon which the nuisance existed,
pursuant to Chapter 1.12 of this Code.
17.76.050 Development Standards.
1. Minimum lot area: 0.75 (three quarters) of an acre (32,670 square feet).
2. Density: 20 units per acre with a minimum of 16 units per site.
Subsections (2) and (3) of Section 17.64.030(B) allowing for a density bonus exceeding
the density bonus required by State law shall not apply to the RPD20U-N-D zone.
3. Building Setbacks:
a. Front setback: Minimum landscaped setback of twenty (20) 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 multiple-family dwelling unit on an interior lot
shall be five (5) feet. Minimum for a multiple-family dwelling unit adjacent to a street is
fifteen (15) 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 multiple-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, carports, or for detached
accessory structures, the minimum required rear setback is five (5) feet.
d. 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; or must be located below the lowest parapet
roof so equipment will not be visible from offsite, subject to criteria under Roofs below.
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4. Maximum building height:
a. Thirty-five (35) feet for dwelling units;
b. Fifteen (15) feet for a patio cover, carport or accessory structure;
C. Second story decks or balconies are prohibited within fifteen (15) feet of
any property line.
5. Fences and Walls. Fences and walls 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.
6. Lighting. Lighting shall comply with Chapter 17.30 of the City of Moorpark
Municipal Code.
7. Parking. Parking shall comply with Chapter 17.32 of the City of Moorpark
Municipal Code.
8. Signage. Signage shall comply with Chapter 17.40 of the City of Moorpark
Municipal Code.
9. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in consultation with
the project paleontologist or archeologist, shall assure the preservation of the site and
immediately contact the Community Development Director by phone, in writing by email
or hand delivered correspondence informing the Director of the find. In the absence of
the Director, the applicant shall so inform the City Manager. The applicant shall be
required to obtain the services of a qualified paleontologist or archeologist, whichever is
appropriate, to recommend disposition of the site. The paleontologist or archeologist
selected must be approved in writing by the Community Development Director. The
applicant shall pay for all costs associated with the investigation and disposition of the
find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance
for a grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the Community
Development Director for review and approval. The development and implementation
of this Plan must include consultations with the Applicant's engineering geologist as well
as a requirement that the curation of all specimens recovered under any scenario will be
through the Los Angeles County Museum of Natural History (LACMNH). All specimens
become the property of the City of Moorpark unless the City chooses otherwise. If the
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City accepts ownership, the curation location may be revised. The monitoring and data
recovery should include periodic inspections of excavations to recover exposed fossil
materials. The cost of this data recovery is limited to the discovery of a reasonable
sample of available material. The interpretation of reasonableness rests with the
Community Development Director.
11. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor),
and particulate matter (aerosols/dust) generated during construction operations must be
minimized in accordance with the City's standards and the standards of the Ventura
County Air Pollution Control District (APCD). When an air pollution Health Advisory has
been issued, construction equipment operations (including but not limited to grading,
excavating, earthmoving, trenching, material hauling, and roadway construction) and
related activities must cease in order to minimize associated air pollutant emissions.
12. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval by the
City or any of its agencies, departments, commissions, agents, officers, or employees
concerning this entitlement approval, which claim, action or proceeding is brought within
the time period provided therefore in Government Code Section 66499.37 or other
sections of state law as applicable and any provision amendatory or supplementary
thereto. The City will promptly notify the applicant of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to cooperate fully in the
defense, the applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is issued pursuant to the planned
development permit.
13. All facilities and uses, other than those specifically requested in the
application and approval and those accessory uses allowed by the Municipal Code, are
prohibited unless otherwise permitted through application for modification consistent
with the requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
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14. Recreational Amenities. Residential planned development permit areas on
properties that have an average size of more than one and one half acre (65,340
square feet) shall include private recreational amenities including but not limited to the
following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue
area with seating, and multipurpose play area field. Residential planned development
permit areas on properties that have an average size of less than one and one half acre
(65,340 square feet) shall include private recreational amenities including but not limited
to the following: play apparatus, picnic shelter, barbecue area with seating, and
multipurpose play area field.
15. Eaves and Window Treatments and Surrounds. The eaves and window
treatments and surrounds on all sides of a structure shall match the eaves, window
treatments and surrounds on the front elevation, achieving four-sided architectural
compatibility with the chosen architectural style.
16. 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, such as a chimney or window.
17. Colors. The paint colors shall be earth-toned, and match the chosen
architectural style. The paint treatment must be applied along all window surrounds and
parapets with varying colors, and on all wall facades of all elevations until
commencement of wall planes or other architecturally feasible termination point, such
as a chimney or window. Identification of coating or rust-inhibitive paint must be used for
all exterior metal building surfaces to prevent corrosion and release of metal
contaminants into the storm drain system.
18. Roofs. The roofs shall be pitched roofs covered in concrete roofing tile or
equivalent with a minimum 3:12 pitch, or shall utilize decorative parapet roofing
matching the chosen architectural style, that shall be no lower than the tallest roof
mounted mechanical equipment. Roof-mounted equipment and other noise generation
sources on-site must be attenuated to 45 decibels (d BA) or to the ambient noise level at
the property line measured at the time of the occupancy, whichever is greater. This
shall be based on a city-approved noise study for the residential planned development
that shows that the current project attenuates all on-site noise generation sources to the
required level or provides recommendations as to how the project could be modified to
comply. The noise study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards. No exterior roof access ladders are
permitted.
19. Durable Materials. The trim on the ground floor levels of the structures
must be constructed of durable materials, (i.e. wood window trim or 1/4" minimum
cementous stucco coat over foam).
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20. A utility room with common access to house all meters and the roof
access ladder must be provided
21. Outdoor facilities. Any outdoor ground level equipment, facilities or storage
areas including, but not limited to loading docks, trash enclosures, cooling towers,
generators, must be architecturally screened from view with masonry wall and/or
landscaping. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), must be screened from street
view with a masonry wall and/or landscaping.
22. Trash disposal. Trash disposal and recycling areas must be placed in
locations which will not interfere with circulation, parking or access to the building.
Exterior trash areas and recycling bins must use impermeable pavement and be
designed to have a cover and so that no other area drains into it. The trash areas and
recycling bins must be depicted on the final construction plans and drains from the
disposal and recycling areas must be connected to the sewer system.
23. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building Code as
adopted by the City of Moorpark and in conformance with the latest "Land Development
Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual"
and "Design Manual" as promulgated by Ventura County Watershed Protection District;
"Standard Specifications for Public Works Construction" as published by BNI (except for
signs, traffic signals and appurtenances thereto which must conform to the provisions of
Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of
the "Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
24. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of Geometric
Design of Highways and Streets," most recent edition, as published by the American
Association of State Highway and Transportation Officials. In the case of conflict
between the standards, specifications and design manuals listed herein and above, the
criteria that provide the higher level of quality and safety prevail as determined by the
City Engineer and Public Works Director.
25. Engineering plans must be submitted on standard City title block sheets of
24-inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
26. A 15-mile per hour speed limit must be observed within all construction
areas.
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27. If any hazardous waste or material is encountered during the construction
of this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District, the
Moorpark Police Department, and the Moorpark City Engineer and Public Works
Director must be notified immediately. Work may not proceed until clearance has been
issued by all of these agencies.
28. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been cleaned at
least twice a year, once immediately prior to October 1 st (the rainy season) and once in
January. Additional cleaning may be required by the City Engineer and Public Works
Director depending upon site and weather conditions.
29. All paved surfaces; including, but not limited to, the parking area and
aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept,
washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be
trapped and collected to prevent entry to the storm drain system in accordance with
NPDES requirements.
30. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by the
Ventura County Fire Prevention Division. Water and Sewer improvements plans must
be submitted to Ventura County Waterworks District No. 1 for approval.
31. Prior to any work being conducted within any State, County, or City right-
of-way, the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the plans
associated with the permits to the City Engineer and Public Works Director.
32. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of
the Moorpark Municipal Code and any provision amendatory or supplementary thereto,
as a standard requirement for construction noise reduction.
33. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s) and/or
provision of a full time licensed security guard) to prevent unauthorized persons from
entering the work site at any time and to protect the public from accidents and injury.
34. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour limitations.
35. All grading and drainage plans must be prepared by a- qualified
Professional Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works Director.
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Prior to or concurrently with the submittal of a grading plan the applicant shall submit a
soils (geotechnical) report.
36. Grading must conform to the standards contained in Chapter 17.38
Hillside Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and horizontal) of
contoured slopes must be provided to the satisfaction of the City Engineer, Public
Works Director and Community Development Director.
37. Prior to the issuance of a grading permit or Final Map approval, whichever
comes first, the applicant shall post sufficient surety with the City, in a form acceptable
to the City Engineer and Public Works Director, guaranteeing completion of all onsite
and offsite improvements required by these Conditions of Approval and/or the Municipal
Code including, but not limited to grading, street improvements, storm drain
improvements, temporary and permanent Best Management Practice (BMP) for the
control of non-point water discharges, landscaping, fencing, and bridges. Grading and
improvements must be designed, bonded and constructed as a single project.
38. Prior to the issuance of a grading permit or Final Map approval, whichever
occurs first, the applicant shall provide written proof to the City Engineer and Public
Works Director that any and all wells that may exist or have existed within the project
have been properly sealed, destroyed or abandoned per Ventura County Ordinance No.
2372 or Ordinance No. 3991 and per California Department of Conservation, Division of
Oil, Gas, and Geothermal Resources requirements.
39. Prior to issuance of a grading permit, final approved soils and geology
reports must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist, an extra
copy of the final report must be provided by the applicant to the City Engineer and
Public Works Director and be sent by the applicant to the California Department of
Conservation, Division of Mines and Geology in accordance with Public Resources
Code Section 2697 within 30 days of report approval.
40. Prior to issuance of the grading permit, a grading remediation plan and
report must be submitted for review and approval of the City Engineer and Public Works
Director. The report must evaluate all major graded slopes and open space hillsides
whose performance could affect planned improvements. The slope stability analysis
must be performed for both static and dynamic conditions, using an appropriate pseudo-
static horizontal ground acceleration coefficient for earthquakes on faults, capable of
impacting the project in accordance with standard practice as outlined in DMG Special
Publication No. 117, 1997.
41. Prior to issuance of the grading permit, the project geotechnical engineer
shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
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remediation plan with effective measures to avoid and control damage must be provided
to the City Engineer and Public Works Director. During construction, measures to
reduce seismic liquefaction risks shall be employed as recommended in the approved
remediation plan and associated geotechnical report, such as placement of a non-
liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or
the excavation of a shear key below the base of the liquefiable zone. Where liquefaction
hazard site conditions exist, the applicant shall provide an extra copy of the final report
to the City Engineer and Public Works Director and shall send a copy of the report to
the California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
42. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures during
all construction and grading.
43. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be retained
to prepare Erosion and Sediment Control Plans in conformance with the currently
issued Ventura County Municipal Strom Water NPDES Permit. These Plans shall
address, but not be limited to, construction impacts and long-term operational effects on
downstream environments and watersheds. The Plans must consider all relevant
NPDES requirements and recommendations for the use of the best available
technology and specific erosion control measures, including temporary measures during
construction to minimize water quality effects to the maximum extent practicable. Prior
to the issuance of an initial grading permit, review and approval by the Community
Development Director and City Engineer and Public Works Director is required.
44. Prior to the import or export of more than one hundred (100) truckloads or
one thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the
currently adopted City of Moorpark Engineering Policies and Standards is required.
45. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and
streets, the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development Director,
approximately 18 inches high, with curb outlet drainage to be constructed behind the
back of the sidewalk to prevent debris from entering the sidewalk or street. The wall
must be designed and constructed in conformance with the City's standard wall detail.
All material for the construction of the wall shall be approved by the City Engineer and
Public Works Director and Community Development Director. Retaining walls greater
than 18 inches in height must be set back two-feet (2) from the back of the sidewalk.
This two-foot (2) area must be landscaped and have no greater than a two percent
(2%) cross fall slope. The slough wall and landscaping design is subject to the review
and approval of the City Engineer and Public Works Director and Community
Development Director.
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46. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping, appropriate to the
entry, shall be provided that will not interfere with sight-distance or turning movement
operations. The final design for the project entrance must be reviewed and approved by
the Community Development Director and the City Engineer and Public Works Director.
47. During grading, the project geotechnical engineer shall observe and
approve all keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub-drains including their
connections. All fill slope construction must be observed and tested by the project
geotechnical engineer, and the density test results and reports submitted to the City
Engineer and Public Works Director to be kept on file. Cuts and slopes must be
observed and mapped by the project geotechnical and civil engineers who will provide
any required slope modification recommendations based on the actual geologic
conditions encountered during grading. Written approval from the City Engineer and
Public Works Director must be obtained prior to any modification.
48. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project geotechnical
engineers. These reports must include the results and locations of all compaction tests,
as-built plans of all landslide repairs and fill removal, including geologic mapping of the
exposed geology of all excavations showing cut cross-sections and sub-drain depths
and locations. The lists of excavations approved by the engineering geologist must also
be submitted. Building permits will not be issued without documentation that the grading
and other pertinent work has been performed in accordance with the geotechnical
report criteria and applicable Grading Ordinance provisions.
49. During grading, colluvial soils and landslide deposits within developed
portions of the properties must be re-graded to effectively remove the potential for
seismically-induced landslides in these materials. Additional buttressing, keying and
installation of debris benches must be provided in transition areas between non-graded
areas and development as recommended in the final geotechnical reports by the project
geotechnical engineer.
50. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for approval
by the engineers-of-work and specifically approved in writing by the City Engineer and
Public Works Director.
51. Temporary irrigation, hydroseeding and erosion control measures,
approved by the Community Development Director, City Engineer and Public Works
Director, must be implemented on all temporary grading. Temporary grading is defined
to be any grading partially completed and any disturbance of existing natural conditions
due to construction activity. These measures will apply to a temporary or permanent
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grading activity that remains or is anticipated to remain unfinished or undisturbed in its
altered condition for a period of time greater than thirty (30) calendar days except that
during the rainy season (October 1 to April 15), these measures will be implemented
immediately.
52. The maximum gradient for any slope must not exceed a 2:1
(horizontal:vertical) slope inclination except where special circumstances exist. In the
case of special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City Engineer, Public
Works Director, and the Community Development Director.
53. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely manner with
groundcover, trees and shrubs (consistent with the approved landscape and irrigation
plans) to stabilize slopes and minimize erosion. Timely manner means that the slope
soil amendments, irrigation systems and planting on each slope must commence
immediately upon the completion of the grading of each slope, that the completion of
slope grading will not be artificially delayed and that the slope soil amendments,
irrigation systems and planting must be completed on a schedule commensurate with
the grading. The planting will be to the satisfaction of the Community Development
Director, City Engineer, and Public Works Director.
54. Grading may occur during the rainy season from October 1 to April 15,
subject to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director and
when erosion control measures are in place. In order to start or continue grading
operations between October 1 and April 15, project-specific erosion control plans that
provide detailed Best Management Practices for erosion control during the rainy season
must be submitted to the City Engineer and Public Works Director no later than
September 1 of each year that grading is in progress. During site preparation and
construction, the contractor shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading and construction purposes. During
the rainy season, October 1 through April 15, all graded slopes must be covered with a
woven artificial covering immediately after completion of each graded slope. Grading
operations must cease if the applicant fails to place effective best management
measures on graded slopes immediately after construction. No slopes may be graded
or otherwise created when the National Weather Service local three-day forecast for
rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the
permanent and temporary slopes before the rain event. The artificial covering and
planting will be to the satisfaction of the Community Development Director, City
Engineer, and Public Works Director.
55. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
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requirements for dust control, including, but not be limited to, minimization of ground
disturbance, application of water/chemicals, temporary/permanent ground
cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth
moving, excavation, soil import and/or soil export operations must cease during periods
of high winds (greater than 15 mph averaged over one hour).
56. Backfill of any pipe or conduit must be in four-inch (4") fully compacted
layers unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
57. Soil testing for trench compaction must be performed on all trenching and
must be done not less than once every two feet (2') of lift and one-hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations and
street stationing with offsets from street centerlines.
58. Prior to issuance of each building permit, the project geotechnical and/or
soils engineer shall submit an as-graded geotechnical report and a rough grading
certification for said lot and final soils report compiling all soils reports, addendums,
certifications, and testing on the project for review and approval by the City Engineer
and Public Works Director.
59. Prior to issuance of the first building permit, the project's engineer shall
certify that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
60. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to commencement of
grading or construction, the applicant shall prepare a notice that grading or construction
work will commence. This notice shall be posted at the site and mailed to all owners and
occupants of property within five-hundred feet (500') of the exterior boundary of the
project site, as shown on the latest equalized assessment roll. The notice must include
current contact information for the applicant, including all persons with authority to
indicate and implement corrective action in their area of responsibility, including the
name of the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and vehicles,
erosion control, and the twenty-four (24) hour emergency number, must be expressly
identified in the notice. The notice must be re-issued with each phase of major grading
and construction activity. A copy of all notices must be concurrently transmitted to the
Community Development Department. The notice record for the City must be
accompanied by a list of the names and addresses of the property owners notified and
a map identifying the notification area.
61. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where appropriate to
minimize expansive soil effects on structures: potential foundation systems to include
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pier and grade beam; use of structural concrete mats and post-tensioned slabs; pad
overcutting to provide uniform swell potential; and soil subgrade moisture treatment.
62. Prior to issuance of building permits, chemical testing of representative
building pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures must be
implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
63. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential thickness of the
fill under individual buildings may not be greater than ten (10) feet. These measures
must be verified by construction observation and testing by the project geotechnical
engineer as outlined in the final geotechnical reports and approved by the City Engineer
and Public Works Director.
64. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer during
the final design stage. Possible measures that may be required based on the settlement
data include surcharging, delaying construction for a period of time before constructing
on deep fills, or allowing for the predicted settlement in the design of the project
components.
65. Transfer of responsibility of California Registered Civil Engineer in charge
for the project must be in accordance with rules and guidelines set forth pursuant to
Rules of the Board for Professional Engineers and Land Surveyors, California Code of
Regulations, Title 16, Division 5, Board Rule 404.1, Subsections (c) and (d), that speak
to Successor Licensee and Portions of Projects.
66. Applicant has full right to exercise the service of a new engineer in charge
at any time during a project. When there is a change in engineer, the applicant/owner
shall notify the City Engineer and Public Works Director in writing within 48 hours of
such change. Said letter shall specify successor California Registered Civil Engineer
and shall be stamped and signed and dated by said engineer in responsible charge and
shall accept responsibility of project. The letter will be kept on file at the City.
67. Prior to construction of any public improvement, the applicant shall submit
to the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and enter into
an agreement with the City of Moorpark to complete public improvements, with sufficient
surety posted to guarantee the complete construction of all improvements, except as
specifically noted in these Standard Conditions or Special Conditions of Approval.
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68. Prior to issuance of the first building permit, all existing and proposed
utilities, including electrical transmission lines less than 67Kv, must be under-grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the City
Council.
69. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes,
etc.) must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within the
sidewalk, a minimum of five feet (5) clear sidewalk width must be provided around the
obstruction. Above-ground obstructions may not be located within or on multi-purpose
trails.
70. Prior to final inspection of improvements, the project Registered Civil
Engineer shall submit certified original "record drawing" plans with three (3) sets of
paper prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the City
Engineer and Public Works Director. These "record drawing" plans must incorporate all
plan revisions and all construction deviations from the approved plans and revisions
thereto. The plans must be "record drawings" on 24" X 36" Mylar® sheets (made with
proper overlaps) with a City title block on each sheet. In addition, the applicant shall
provide an electronic file update of the City's Master Base Map electronic file,
incorporating all streets, sidewalks, street lights, traffic control facilities, street striping,
signage and delineation, storm drainage facilities, water and sewer mains, lines and
appurtenances and any other utility facility installed for this project.
71. The street improvement plans must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771, all
recorded monuments in the construction area will be protected in place during
construction, or have been located and tied with no fewer than four (4) durable
reference monuments, which will be protected in place during construction. Copies of all
monument tie sheets must be submitted to the City on reproducible 3-mil polyester film.
72. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City Engineer and Public
Works Director.
73. All streets must conform to the latest City of Moorpark Engineering
Policies and Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty
(30) year term for public streets and ESAL for a twenty (20) year term on private streets.
All streets must be designed and constructed to the required structural section in
conformance with the latest City of Moorpark Engineering Policies and Standards. The
geotechnical or soil reports must address the need for possible sub-drainage systems to
prevent saturation of the pavement structural section or underlying foundation. An
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Ordinance No.
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additional one and one-half inch (1-1/2") thick rubberized asphalt pavement must be
added to the structural section for public streets. This additional pavement may not be
used in determining the required structural section.
74. When required by the City Engineer and Public Works Director, the
applicant shall provide, for the purposes of traffic signal installation, two (2) four-inch
(4") P.V.C. conduits extending across all intersections, and surfacing through "J" boxes
to the satisfaction of the City Engineer and Public Works Director.
75. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works Director,
drainage plans with the depiction and examination of all on-site and off-site drainage
structures and hydrologic and hydraulic calculations in a bound and indexed report
prepared by a California Registered Civil Engineer.
76. Drainage improvements must be designed so that after-development,
drainage to adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100 year
storms, nor will surface runoff be concentrated by this project. Acceptance of storm
drain waters by the project and discharge of storm drain waters from the project must be
in type, kind and nature of predevelopment flows -unless the affected upstream and/or
downstream owners provide permanent easement to accept such changed storm
drainage water flow. All drainage measures necessary to mitigate stormwater flows
must be provided to the satisfaction of the City Engineer and Public Works Director. The
applicant shall make any on-site and downstream improvements, required by the City,
to support the proposed development.
77. The drainage plans and calculations must analyze conditions before and
after development, as well as, potential development proposed, approved, or shown in
the General Plan. Quantities of water, water flow rates, major watercourses, drainage
areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump
locations, detention and NPDES facilities and drainage courses must be addressed.
78. Local residential and private streets must be designed to have at least one
dry travel lane available during a 10-year frequency storm. Collector streets must be
designed to have a minimum of one dry travel lane in each direction available during a
10-year frequency storm.
79. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs per the
latest issued Ventura County Municipal Storm Water NPDES Permit.
80. The hydraulic grade line within any catch basin may not extend higher
than nine inches (9") below the flow line grade elevation at the inlet.
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81. No pressure manholes for storm drains are allowed unless specifically
approved in writing by the City Engineer and Public Works Director. If permitted, all
storm drain lines under water pressure must have rubber gasket joints.
82. All manhole frames and covers shall have a thirty-inch (30") minimum
diameter. This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
83. The Q50 storm occurrence must be contained within the street right-of-
way.
84. The maximum velocity in any storm drain system may not exceed twenty
feet (20') per second.
85. All detention and debris structures that fall under the definition of being a
dam must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
86. Only drainage grates of a type approved by the City Engineer and Public
Works Director may be used at locations accessible by pedestrian, bicycle or equestrian
traffic. Drainage grates shall not be allowed in sidewalks or trails.
87. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, the RCP delivered to project site must have the D-LOAD
specified on the RCP.
88. The grading plan must show distinctive lines of inundation delineating the
100-year flood level.
89. All flows that have gone through flow attenuation and clarification by use
of acceptable Best Management Practice Systems and are flowing within brow ditches,
ribbon gutters, storm drain channels, area drains and similar devices are to be
deposited directly into the storm drain system unless an alternative has been approved
by the City Engineer and Public Works Director. Storm drain and related easements
outside the public right-of-way are to be privately maintained unless otherwise approved
by the City Council.
90. Concrete surface drainage structures exposed to the public view must be
tan colored concrete, as approved by the Community Development Director, and to the
extent possible must incorporate natural structure and landscape to blend in with the
surrounding material.
91. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
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92. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of discharge
to the satisfaction of the City Engineer and Public Works Director.
93. The applicant shall demonstrate, for each building pad within the
development area, that the following restrictions and protections can be put in place to
the satisfaction of the City Engineer and Public Works Director:
• Adequate protection from a one-hundred (100) year frequency storm,
• Feasible access during a fifty (50) year frequency storm.
• Elevation of all proposed structures within the one-hundred (100) year flood zone
at least one (1') foot above the one-hundred (100) year flood level.
Hydrology calculations must be per current Ventura County Watershed Protection
Agency Standards and to the satisfaction of the City Engineer and Public Works
Director. Development projects within a 100 year flood zone may require a
Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR)
as determined by the City Engineer and Public Works Director.
94. The storm drain system must be designed with easements of adequate
width for future maintenance and reconstruction of facilities, particularly facilities deeper
than eight feet (8'). In addition, all facilities must have all-weather vehicular access.
95. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
96. Storm drain systems must be constructed per the most current Ventura
County Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works Director.
97. All storm drain easement widths and alignments must conform to the City
of Moorpark requirements and be to the satisfaction of the City Engineer and Public
Works Director. Easements must provide sufficient room for reconstruction of the storm
drain systems and provide all weather access within the easement, to all manholes,
inlets, outlets and any other structure that requires maintenance.
98. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is acceptable to
the City Engineer and Public Works Director. The designated NPDES person
(superintendent) shall be present, on the project site Monday through Friday and on all
other days when the probability of rain is forty percent (40%) or greater and prior to the
start of and during all grading or clearing operations until the release of grading bonds.
The superintendent shall have full authority to rent equipment and purchase materials to
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Ordinance No.
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the extent needed to effectuate Best Management Practices. The superintendent shall
be required to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
99. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall prepare and
submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the
Ventura Countywide Stormwater Quality Management Program. The SWPCP must
address the construction phase compliance to stormwater quality management
regulations for the project. The SWPCP, improvement plans and grading plans must
note that the contractor shall comply with the California Best Management Practices
Construction Handbook, published by the California Stormwater Quality Association.
The SWPCP must be submitted, with appropriate review deposits, for the review and
approval of the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design the use
and placement of Best Management Practices (BMPs) to effectively prohibit the entry of
pollutants from the construction site into the storm drain system during construction.
Erosion control BMPs, which include wind erosion, dust control, and sediment source
control BMPs for both active and inactive (previously disturbed) construction areas are
required.
100. The SWPCP must include provisions for modification of BMPs as the
project progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the SWPCP to be
accompanied by a detailed project schedule that specifically identifies the type and
location of construction operations for the project. The SWPCP must be developed and
implemented in accordance with the latest issued Ventura Countywide Stormwater
Quality Management Program, NPDES Permit, Chapter 8.52 of the Moorpark Municipal
Code and any other requirements established by the City. The applicant is responsible
for ensuring that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a notice of
termination has been approved by the City Engineer and Public Works Director and
accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must
include schedules and procedures for onsite maintenance of earthmoving and other
heavy equipment and documentation of proper disposal of used oil and other lubricants.
Onsite maintenance of all equipment that can be performed offsite will not be allowed.
101. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for projects with
facilities identified as subject to the State Board General Industrial and Commercial
permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP).
The SWPPP must address post-construction compliance with stormwater quality
management regulations for the project. The SWPPP, improvement plans and grading
plans must note that the contractor shall comply with the latest edition of the California
Best Management Practices New Development and Redevelopment Handbook,
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published by the California Stormwater Quality Association. The SWPPP must comply
with the Ventura Countywide Stormwater Quality Management Program Land
Development Guidelines, Technical Guidance Manual for Stormwater Quality Control
Measures, and the Stormwater Management Program (SMP) to develop, achieve, and
implement a timely, comprehensive, cost effective stormwater pollution control program
to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared
in compliance with the form and format established in the Ventura Countywide
Stormwater Quality Management Program, and submitted, with appropriate review
deposits, for the review and approval of the City Engineer/Public Works Director. The
proposed plan must also address all relevant NPDES requirements, maintenance
measures, estimated life spans of Best Management Practices facilities, operational
recommendations and recommendations for specific Best Management Practices
technology, including all related costs. The use of permanent dense ground cover
planting approved by the City Engineer/Public Works Director and Community
Development Director is required for all graded slopes. Methods of protecting the
planted slopes from damage must be identified. Proposed management efforts during
the lifetime of the project must include best available technology. "Passive" and "natural"
BMP drainage facilities are to be provided such that surface flows are intercepted and
treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar
"active" devices is not acceptable and may not be used without specific prior approval of
the City Council. The use of biological filtering, bio-remediation, infiltration of pre-filtered
stormwater and similar measures that operate without annual maintenance intervention,
that are failsafe, that, when maintenance is needed, will present the need for
maintenance in an obvious fashion and which will be maintainable in a cost effective
and non-disruptive fashion is required. As deemed appropriate for each project, the
SWPPP must establish a continuing program of monitoring, operating and maintenance
to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged
waters.
C. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
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h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
102. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall submit a
Notice of Intent (NOI) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the latest issued NPDES Construction
General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff
Associated with Construction Activities). The applicant shall also provide a copy of the
Notice of Intent (NOI) to the City Engineer and Public Works Director as proof of permit
application. The improvement plans and grading plans shall contain the Waste
Discharge Idenfication number for the project.
103. Engineering and geotechnical or soils reports must be provided to prove,
to the satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet the
minimum requirements relating to water detention and clarification.
104. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal
Code and any provision amendatory and supplementary thereto.
17.76.060 Fees.
1. Entitlement Processing: Prior to the approval of any Zoning Clearance for
this entitlement, the applicant shall submit to the Community Development Department
all outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment must be made within sixty (60) calendar days after the
approval of this entitlement.
2. Condition Compliance: Prior to the issuance of any Zoning Clearance,
building permit, grading permit, or advanced grading permit, the applicant shall submit
to the Community Development Department the Condition Compliance review deposit.
3. Capital Improvements and Facilities, and Processing: Prior to the issuance
of any Zoning Clearance for a building permit, the applicant shall submit to the
Community Development Department, capital improvement, development, and
processing fees at the current rate then in effect. Said fees include, but are not limited to
building and public improvement plan checks and permits.
4. Parks: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with City ordinances and resolutions.
5. Fire Protection Facilities: Prior to the issuance of a Zoning Clearance for a
building permit, current Fire Protection Facilities Fees must be paid to the Building and
Safety Division in accordance with the City Council adopted Fire Protection Facilities
Fee requirements in effect at the time of building permit application.
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6. Library Facilities: Prior to the issuance of a Zoning Clearance for a
building permit, the Library Facilities Fee must be paid to the Building and Safety
Division in accordance with the City Council adopted Library Facilities Fee requirements
in effect at the time of building permit application.
7. Police Facilities: Prior to the issuance of a Zoning Clearance for a building
permit, the Police Facilities Fee must be paid to the Building and Safety Division in
accordance with the City Council adopted Police Facilities Fee requirements in effect at
the time of building permit application.
8. Traffic Systems Management: Prior to the issuance of a Zoning
Clearance for a building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems Management
(TSM) Fee for the approved development consistent with adopted City policy for
calculating such fee.
9. Intersection Improvements: Prior to the issuance of the first Zoning
Clearance for a building permit, the applicant shall submit to the Community
Development Department a fair-share contribution for intersection improvements
relating to the project. The amount of fair-share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report prepared for the
project and the extent of the impact to these intersections.
10. Citywide Traffic: Prior to the issuance of a Zoning Clearance for a building
permit, the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, based upon the effective date of approval of the entitlement consistent with
adopted City policy for calculating such fee.
11. Area of Contribution: Prior to the issuance of a Zoning Clearance for a
building permit, the applicant shall pay to the Community Development Department the
Area of Contribution (AOC) Fee for the area in which the project is located. The fee
shall be paid in accordance with the City Council adopted AOC fee requirements in
effect at the time of building permit application.
12. Street Lighting Energy Costs: Prior to the issuance of a Zoning Clearance
for a building permit, the applicant shall pay to the Community Development
Department all energy costs associated with public street lighting for a period of one
year from the acceptance of the street improvements in an amount satisfactory to the
City Engineer and Public Works Director.
13. Schools: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall provide written proof to the Community Development Department
that all legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
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14. Art in Public Places: Prior to the issuance of a Zoning Clearance for a
building permit, the applicant shall contribute to the Art in Public Places Fund in
accordance with Municipal Code Chapter 17.50 and sections amendatory or
supplementary thereto. Contribution is to be submitted to the Community Development
Department. If the applicant is required to provide a public art project on or off-site in
lieu of contributing to the Art in Public Places Fund, the art work must have a value
corresponding to, or greater than, the contribution, and must be approved, constructed
and maintained for the life of the project in accordance with the applicable provision of
the Moorpark Municipal Code.
15. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public Works
Director and the Building and Safety Division the City's electronic image conversion fee
for entitlement/condition compliance documents; Final Map/ engineering improvement
plans/permit documents; and building plans/permit documents, respectively.
16. Crossing Guard: Prior to the issuance of Zoning Clearance for a building
permit, the applicant shall pay to the Community Development Department an amount
to cover the costs associated with a crossing guard for five years at the then current
rate, plus the pro-rata cost of direct supervision of the crossing guard location and
staff's administrative costs calculated at fifteen percent (15%) of the above costs. This
applies to residential project of ten (10) or more units.
17. Storm Drain Discharge Maintenance Fee: Prior to the issuance of a
Zoning Clearance for a building permit, the applicant shall pay to the Community
Development Department the citywide Storm Drain Discharge Maintenance Fee in
accordance with the City Council adopted Storm Drain Discharge Maintenance Fee
requirements in effect at the time of building permit application.
18. County Traffic Impact Mitigation Fee: Prior to the issuance of a Zoning
Clearance for a building permit, the County Traffic Impact Mitigation Fee must be paid in
accordance with County adopted fee requirements in effect at the time of building permit
application.
-end-
154
RESOLUTION NO. 2013 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2013-01 AND AMENDMENT NO. 2 TO SPECIFIC
PLAN NO. 1995-01 (DOWNTOWN SPECIFIC PLAN) FOR A 1.36
ACRE SITE, LOCATED AT THE SOUTHEAST CORNER OF
MOORPARK AVENUE AND EVERETT STREET, TO CHANGE THE
LAND USE DESIGNATION TO VERY HIGH RESIDENTIAL, ON CITY
OWNED PROPERTY, ON THE APPLICATION OF THE CITY OF
MOORPARK.
WHEREAS, at its meeting of July 17, 2013, the City Council adopted Resolution
No. 2013-3204 directing the Planning Commission to consider a General Plan
Amendment, Amendment No. 2 to Specific Plan No. 1995-01, (Downtown Specific
Plan), a Zone Change of at least 25:8 total acres of land to Residential Planned
Development (RPD) — 20U, and a Zoning Ordinance Amendment to Title 17 (Zoning) of
the Moorpark Municipal Code regarding development of a RPD-20U zone, to allow
development of 20 units per acre, at various locations throughout the city, on the
application of the City of Moorpark, to ensure compliance with the adopted Housing
Element, consistent with State law, the City's General Plan and other provisions of the
City's Zoning Ordinance; and
WHEREAS, on August 27, 2013, the Planning Commission adopted
Resolution No. PC-2013-586 recommending approval to the City Council of General
Plan Amendment No, 2013-01 and Amendment No. 2 to Specific Plan No. 1995-01
(Downtown Specific Plan) for a 1.36 acre site located at the southeast corner of
Moorpark Avenue and Everett Street, to change the existing Office, Public/Institutional
and Medium Density Residential general plan and specific plan land use designations of
this site to a Very High Residential general plan and specific plan land use designation;
and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered the agenda report for General Plan Amendment No, 2013-01 and
Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan), and any
supplements thereto and written public comments; opened and closed the public
hearing and took and considered public testimony both for and against the proposal and
reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, and considered and adopted
the Negative Declaration prepared for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
CC ATTACHMENT 6
155
Resolution No. 2013 -
Page 2
SECTION 1. CITY COUNCIL APPROVAL: General Plan Amendment 2013-
01 and Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan), is
approved, amending the General Plan Land Use Map and Downtown Specific Plan
Land Use Map as proposed in Exhibit "A" attached hereto.
SECTION 4. The effective date of General Plan Amendment No. 2013-01
shall be concurrent with the effective date of the Ordinance for Zoning Ordinance
Amendment No. 2013-03 and the Ordinance for Zone Change No. 2013-01, whichever
occurs last.
SECTION 5 CERTIFICATION OF ADOPTION: The City Clerk shall certify to
the adoption of this resolution and shall cause a certified resolution to be filed in the
book of original resolutions.
PASSED AND ADOPTED this 4th day of September, 2013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A — General Plan Amendment Map — GPA 2013-01 and
Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan)
156
PROPOSED DESIGNATION: RPD-20U-N-D Jim
EXFSTING DESIGNATION.A-E EMSTING DESIGNATIONS.1,CO,AND R-1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2013-01, TO
REZONE THE FOLLOWING THREE SITES TO RESIDENTIAL
PLANNED DEVELOPMENT 20 UNITS TO THE ACRE
(RPD20U-N-D) ZONE: (1) A 23.44 ACRE SITE (LOCATED
WITHIN THE SOUTHEASTERN PORTION OF SPECIFIC
PLAN 1, HITCH RANCH SPECIFIC PLAN PROPERTY), (2) A
1.36 ACRE SITE (LOCATED AT THE SOUTHEAST CORNER
OF MOORPARK AVENUE AND EVERETT STREET), AND (3)
A 1.34 ACRE SITE (LOCATED AT THE SOUTHEASTERN
END OF MAJESTIC COURT), ON THE APPLICATION OF
THE CITY OF MOORPARK.
WHEREAS, at its meeting of July 17, 2013, the City Council adopted Resolution
No. 2013-3204 directing the Planning Commission to consider a General Plan
Amendment, a Downtown Specific Plan Amendment, a Zone Change of at least 25.8
total acres of land to Residential Planned Development (RPD) — 20U, and amendments
to Title 17 (Zoning) of the Moorpark Municipal Code regarding development of a RPD-
20U zone, to allow development of 20 units per acre, at various locations throughout the
city, on the application of the City of Moorpark, to ensure compliance with the adopted
Housing Element, consistent with State law, the City's General Plan and other
provisions of the City's Zoning Ordinance; and
WHEREAS, on August 27, 2013, the Planning Commission adopted Resolution
No. PC-2013-586 recommending approval to the City Council of Zone Change No.
2013-01, for a change of zone of the following three sites to Residential Planned
Development 20 units to the acre (RPD20U-N-D) zone: (1) a 23.44 acre site (located
within the southeastern portion of Specific Plan 1, Hitch Ranch Specific Plan property),
(2) a 1.36 acre site (located at the southeast corner of Moorpark Avenue and Everett
Street), and (3) a 1.34 acre site (located at the southeastern end of Majestic Court); and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered the agenda report for Zone Change No. 2013-01 and any
supplements thereto and written public comments; opened and closed the public
hearing and took and considered public testimony both for and against the proposal and
reached a decision on this matter; and
WHEREAS, General Plan Amendment No. 2013-01 and Amendment No. 2 to the
Downtown Specific Plan were adopted for this project, changing the planned land use to
Very High Density Residential (VH); and
WHEREAS, the City Council has read, reviewed, considered and adopted a
Negative Declaration prepared for the project referenced above.
CC ATTACHMENT 7
158
Resolution No. 2013 -
Page 2
SECTION 1. CITY COUNCIL APPROVAL: General Plan Amendment 2013-
01 and Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan), is
approved, amending the General Plan Land Use Map and Downtown Specific Plan
Land Use Map as proposed in Exhibit "A" attached hereto.
SECTION 4. The effective date of General Plan Amendment No. 2013-01
shall be concurrent with the effective date of the Ordinance for Zoning Ordinance
Amendment No. 2013-03 and the Ordinance for Zone Change No. 2013-01, whichever
occurs last.
SECTION 5 CERTIFICATION OF ADOPTION: The City Clerk shall certify to
the adoption of this resolution and shall cause a certified resolution to be filed in the
book of original resolutions.
PASSED AND ADOPTED this day of 12013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A — General Plan Amendment Map — GPA 2013-01 and
Amendment No. 2 to Specific Plan No. 1995-01 (Downtown Specific Plan)
159
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ZONING DESIGNATIONS
Feet
A-E R-1 RE RPD-1.6U RPD-3.1 U - RPD-6.5U - RPD-10U - RPD-20U M-2 ,Downtown Specific Plan
PC R-1-6 RE-1AC RPD-1.63U O RPD-3.65U - RPD-7U - RPD-12U CO I DA(Development Agreement Approved by Date Revision
I
City of Moorpark
OS R-1-7 RE-5AC RPD-1.811 RPD-4U - RPD-7-14U - RPD-12.211-1 'Applicable)C-1 SP September 17, 2008
OS-10AC R-1-8 � RE-20 � RPD-1.84U RPD-4.5U - RPD-7.51-1 - RPD-15U - C-2 � SP 92-1 Parcel Boundary
City of Moorpark A larger and/or more detailed version of the City's
OS-20AC R-1-9 RO RPD-2.2U - RPD-4.6U - RPD-8.4U - RPD-16.2U - CPD /�ZC ORD No.335 General Plan and Zoning Maps is available for download
0 0 0 - - - - 0 City y H ilwww ci oo park Avenue,us or for purchase
CA at Moopark ATTACHMENT 8
OS�OAC R-1-13AV R-2 RPD-2.45U RPD-5U RPD-8.9U RPD-16.83U C-OT ZC ORD No.345 Cit Hall,799 Moorpark Avenue,Moor ark,CA 93021�`C
OS-500AC RA-10AC RPD-1.48U RPD-2.5U - RPD-6U - RPD-9.1 U - RPD-19.OU M-1 ® TPD Source:City of Moorpark,September 2008
County of Ventura,GIs data,July 2008 16 1