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PLANNING COMMISSION
REGULAR MEETING AGENDA
AUGUST 23, 2016
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2016-610)
A. Consider Resolution Recommending to the City Council Approval of an Ordinance
Amending the Development Agreement for the Vistas at Moorpark Project, Vesting
Tentative Tract Map No. 5130 and Residential Planned Development Permit No.
2014-01, by Extending the Term of the Development Agreement for 110 Homes
on Approximately 72 Acres, Located East of Walnut Canyon Road, West of Spring
Road, and North of Wicks Road and Finding that the Previously Adopted Mitigated
Negative Declaration and Addendum are Applicable. Staff Recommendation: 1)
Adopt Resolution No. 2016-_. (Staff: David Bobardt)
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
August 23, 2016
Page 2
B. Consider Resolution Recommending Approval of Zoning Ordinance Amendment
No. 2016-01, an Amendment to Section 17.24.020 (Open Space, Agriculture, and
Residential Zone Development Requirements) of Chapter 17.24 (Development
Requirements) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Lot
Size Standards for Affordable Housing and Determining that this Action is Exempt
from the California Environmental Quality Act. Staff Recommendation: 1) Open
the public hearing, accept public testimony and close the public hearing; and 2)
Adopt Resolution No. PC-2016- . (Staff: David Bobardt)
9. DISCUSSION ITEMS:
A.
10. CONSENT CALENDAR:
A. Consider Approval of the Special Joint Meeting Minutes of April 27, 2016. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of May 24, 2016. Staff
Recommendation: Approve the minutes.
C. Consider Finding of General Plan Consistency for the Purchase of Property at 488
McFadden Avenue by the City of Moorpark for Public Purposes. Staff
Recommendation: Find the acquisition of the property at 488 McFadden Avenue in
conformity with the General Plan and direct staff to report this finding to the City
Council.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon
request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, August
23, 2016, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on August 19, 2016, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 19, 2016.
1 ( -i
9rur
Jo ce R. Figueroa, Administrative Assistant II
ITEM 8.A,
MOORPARK, CALIFORNIA
Planning Commission
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
i-
FROM: David A. Bobardt, Community Development Director
DATE: August 15, 2016 (PC Meeting of 8/23/2016)
SUBJECT: Consider Resolution Recommending to the City Council Approval of
an Ordinance Amending the Development Agreement for the Vistas
at Moorpark Project, Vesting Tentative Tract Map No. 5130 and
Residential Planned Development Permit No. 2014-01, by Extending
the Term of the Development Agreement for 110 Homes on
Approximately 72 Acres, Located East of Walnut Canyon Road, West
of Spring Road, and North of Wicks Road and Finding that the
Previously Adopted Mitigated Negative Declaration and Addendum
are Applicable
BACKGROUND
Government Code Section 65864 and City of Moorpark Municipal Code Chapter 15.40
provide for Development Agreements between the City and property owners in
connection with proposed plans of development for specific properties. Development
Agreements are designed to strengthen the planning process, to provide developers
some certainty in the development process and to assure development in accordance
with the terms and conditions of the agreement. Procedures for amendment to a
Development Agreement are established in Section 15.40.120 of the Moorpark
Municipal Code, which require the same review process as a new development
agreement; adoption of an ordinance by City Council after public hearings by the
Planning Commission and City Council.
On June 15, 2016, the City Council adopted Resolution No. 2016-3519, directing the
Planning Commission to hold a public hearing and provide a recommendation on a
proposed amendment to the Development Agreement for the Vistas at Moorpark
project, Vesting Tentative Tract Map No. 5130, to extend the term of the Development
Agreement to December 31, 2040, or until the close of escrow on the initial sale of the
last Affordable Housing Unit, whichever occurs last. The current term of this
Development Agreement, stated in Section 19, is for, "20 years from its operative date
or until the close of escrow on the initial sale of the last Affordable Housing Unit,
1
Honorable Planning Commission
August 23, 2016
Page 2
whichever occurs last, unless said term is amended or the Agreement is sooner
terminated as otherwise provided herein." Under this term, the Development Agreement
could expire as early as February 20, 2024, if all the affordable housing units have been
sold by that time. A longer term as proposed would better ensure that the Development
Agreement would not expire before the entire project is completed.
DISCUSSION
On January 21, 2004, the City Council adopted Ordinance No. 299 (Attachment 1), a
Development Agreement between the City of Moorpark and Moorpark 150, LLC
(SunCal Companies), for a 110-home project on approximately 72 acres east of Walnut
Canyon Road, west of Spring Road, and north of Wicks Road. The approvals for this
project also included a General Plan Amendment, Zone Change, Vesting Tentative
Tract Map No. 5130, and Residential Planned Development Permit No. 1998-02.
The project went through several changes in ownership since this time, and the City
Council amended the timing of a condition of approval related to improvements on
Walnut Canyon Road three times for the project. Residential Planned Development
Permit No. 1998-02 expired in 2012. On March 18, 2015, the City Council adopted
Resolution No. 2015-3373, approving a new Residential Planned Development Permit
(No. 2014-01) for the current owners of the property, City Ventures, LLC. The project
still has 110 homes, with 59 percent of the site used for development, and 41 percent
for open space.
The applicant is currently active in preparing improvement plans to allow for grading and
recordation of the final map and has been working with staff on the affordable housing
for the project, which is currently proposed off site. It is possible that the affordable
housing obligation could be met before the market-rate homes are constructed. As
noted above, the term of the current Development Agreement was set for 20 years
(expiring in 2024) or until the close of escrow on the initial sale of the last Affordable
Housing Unit, whichever occurs last, unless said term is amended or the Agreement is
sooner terminated. Given the pace at which this project is proceeding, staff and the
applicant propose to extend this term so that the Development Agreement remains in
effect through the entire construction of the project, with the term to expire no sooner
than December 31, 2040, or until the close of escrow on the initial sale of the last
Affordable Housing Unit, whichever occurs last. This would provide enough time to help
ensure that the provisions of the Development Agreement carry through the completion
of the market rate units as well.
In addition to an extension of the term of the Development Agreement, the applicant has
asked for the City to consider an extension to the completion of the project's Walnut
Canyon Road improvements. Special Condition No. 17 of Vesting Tentative Tract Map
No. 5130 calls for these improvements to be completed prior to the issuance of the
certificate of occupancy for the 1st dwelling unit, or March 18, 2017, whichever occurs
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Honorable Planning Commission
August 23, 2016
Page 3
first. The applicant would like an extension through December 18, 2017, due to the
timeframe needed for Caltrans review. This proposed change to the conditions of the
Vesting Tentative Tract Map would be addressed by the City Council concurrently with
the amendment to the Development Agreement, but would not require a Planning
Commission recommendation.
PROCESSING TIME LIMITS
The amendment to a Development Agreement is a legislative act initiated by the City
Council. Time limits under the Permit Streamlining Act, Subdivision Map Act, and
California Environmental Quality Act do not apply.
ENVIRONMENTAL DETERMINATION
A Mitigated Negative Declaration was prepared for the Vistas at Moorpark project and
adopted by the City Council on December 17, 2003. An Addendum to the Mitigated
Negative Declaration was prepared for an updated project and was adopted by the City
Council on March 18, 2015. The extension of the term of the Development Agreement
would not affect the findings in the Mitigated Negative Declaration or its Addendum in
that it would not change the physical characteristics of the project and these documents
continue to remain applicable to the project. No further environmental documentation is
needed.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on August 13, 2016.
2. Mailing. The notice of the public hearing was mailed on August 12 2016, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing.
3. Sign. Two 32 square foot signs were placed on the street frontages on August
13, 2016.
STAFF RECOMMENDATION
Adopt Resolution No. 2016-
Attachments:
1. Ordinance No. 299
2. Draft Resolution No. 2016-
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ORDINANCE NO. 299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK 150, LLC, A LIMITED LIABILITY
CORPORATION (GENERALLY KNOWN AS SUNCAL)
WHEREAS, the Planning Commission of the City of Moorpark on
December 2, 2003, did adopt Resolution No. PC 2003-452 recommending
to the City Council approval of Development Agreement No. 1998-03,
submitted by Moorpark 150, LLC, a Limited Liability Corporation
(generally known as SunCal) ; and
WHEREAS, at a duly noticed hearing on December 17, 2003, the
City Council considered Development Agreement No. 1998-03; and
WHEREAS, the City Council on December 17, 2003, adopted the
Mitigated Negative Declaration for the SunCal project consisting of
General Plan Amendment No. 98-01, Zone Change 98-01, Vesting
Tentative Tract Map 5130, Residential Planned Development No. 98-
02, and Development Agreement No. 1998-03, as having been completed
in accordance with the California Environmental Quality Act (CEQA) ,
the CEQA Guidelines, and the City's CEQA procedures; and
WHEREAS, the City Council, after review and consideration of
the information contained in the City Council staff reports and
public testimony, has made a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark does
hereby find as follows :
a. The Development Agreement is consistent with the General
Plan as amended by General Plan Amendment No. 98-01.
b. The Development Agreement and assurances that said
agreement places upon the project are consistent with the
intent and provisions of the Mitigated Negative
Declaration.
c. The Development Agreement is necessary to insure the
public health, safety and welfare
SECTION 2. The City Council hereby adopts Development
Agreement No. 1998-03 (attached hereto) between the City of
Moorpark, a municipal corporation, and Moorpark 150 a Limited
Liability Corporation; and the City Clerk is hereby directed to
cause one copy of the signed, adopted agreement to be recorded with
the County Recorder no later than ten (10) days after the City
PC ATTACHMENT 1
4
Ordinance No. 299
Page 2
enters into the development agreement pursuant to the requirements
of Government Code Section 65868. 5.
SECTION 3. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or -more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 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 order of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star,
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City o park, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 1st day of Januar, 104
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Deborah S. Traffenstedt, City Clerk `
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ATTACHMENT: Development Agreement No. 1998-03
5
Ordinance No. 299
Page 3
ATTACHMENT
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
MOORPARK 150, LLC
6
Ordinance No. 299
Page 4
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868 . 5
DEVELOPMENT AGREEMENT
This Development Agreement ("the Agreement") is made and
entered into on , 2004, by and between the CITY OF
MOORPARK, a municipal corporation, (referred to hereinafter as
"City") and MOORPARK 150, LLC, a Limited Liability Corporation, the
owner of real property within the City of Moorpark generally -
referred to as Vesting Tentative Tract Map 5130 (referred to
hereinafter individually as "Developer") . City and Developer are
referred to hereinafter individually as "Party" and collectively as
"Parties. " In consideration of the mutual covenants and agreements
contained in this Agreement, City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the
following facts and for the following purposes, each of which
is acknowledged as true and correct by the Parties:
1. 1. Pursuant to Government Code Section 65864 et seq. and
Moorpark Municipal Code chapter 15. 40, City is
authorized to enter into a binding contractual
agreement with any person having a legal or equitable
interest in real property within its boundaries for the
development of such property in order to establish
certainty in the development process.
1.2 . Prior to approval of this Agreement, but after the
approval of the Mitigated Negative Declaration (MND) ,
Mitigation Measures, and Mitigation Monitoring and
Reporting Program ("the MMRP") for the Project
Approvals as defined in subsection 1. 3 of this
Agreement, the City Council of City ("the City
Council") approved General Plan Amendment No. 98-01
("GPA 98-1") , for approximately 77 acres of land within
the City ("the Property") , as more specifically
described in Exhibit "A" attached hereto and
incorporated herein, and changed the zoning of the
Property pursuant to Zone Change No. 98-01 ("ZC 98-1") .
1. 3. GPA 98-1, ZC 98-1, Vesting Tentative Tract Map 5130
(Tract 5130) and Residential Planned Development Permit
No. 98-2 (RPD 98-2) [collectively "the Project
7
Ordinance No. 299
Page 5
Approvals"; individually "a Project Approval"] provide
for the development of the Property and the
construction of certain off-site improvements in
connection therewith ("the Project") .
1. 4. By this Agreement, City desires to obtain the binding
agreement of Developer to develop the Property in
accordance with the Project Approvals and this
Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its
governmental and proprietary powers to the extent-
specified in this Agreement.
1. 5. By this Agreement, Developer desires to obtain the
binding agreement of City to permit the development of
the Property in accordance with the Project Approvals
and this Agreement. Developer anticipates developing
the Property over a minimum of three (3) years. In
consideration thereof, Developer agrees to waive its
rights to legally challenge the limitations and
conditions imposed upon the development of the Property
pursuant to the Project Approvals and this Agreement
and to provide the public benefits and improvements
specified in this Agreement.
1. 6. City and Developer acknowledge and agree that the
consideration that is to be exchanged pursuant to this
Agreement is fair, just and reasonable and that this
Agreement is consistent with the General Plan of City,
as amended by GPA 98-1.
1. 7 . On December 2, 2003, the Planning Commission of City
commenced a duly noticed public hearing on this
Agreement, and at the conclusion of the hearing
recommended approval of the Agreement.
1.8. On December 17, 2003, the City Council commenced a duly
noticed public hearing on this Agreement, and at the
conclusion of the hearing on December 17, 2003,
approved the Agreement by Ordinance No. 299 ("the
Enabling Ordinance") .
2. Property Subject To This Agreement. All of the Property shall
be subject to this Agreement. The Property may also be
referred to hereinafter as "the site" or "the Project".
8
Ordinance No. 299
Page 6
3. Binding Effect . The burdens of this Agreement are binding
upon, and the benefits of the Agreement inure to, each Party
and each successive successor in interest thereto and
constitute covenants that run with the Property. Whenever the
terms "City" and "Developer" are used herein, such terms shall
include every successive successor in interest thereto, except
that the term "Developer" shall not include the purchaser or
transferee of any lot within the Project that has been fully
developed in accordance with the Project Approvals and this
Agreement . -
3. 1. Constructive Notice and Acceptance . Every person who
acquires any right, title or interest in or to any
portion of the Property in which a Developer has a
legal interest is, and shall be, conclusively deemed to
have consented and agreed to be bound by this
Agreement, whether or not any reference to the
Agreement is contained in the instrument by which such
person acquired such right, title or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of
any of Developer' s interest in any portion of the
Property, that Developer shall be released from its
obligations with respect to the portion so sold or
transferred subsequent to the operative date of the
sale or transfer, provided that the Developer (i) was
not in breach of this Agreement at the time of the sale
or transfer and (ii) prior to the sale or transfer,
delivered to City a written assumption agreement, duly
executed by the purchaser or transferee and notarized
by a notary public, whereby the purchaser or transferee
expressly assumes the obligations of Developer under
this Agreement with respect to the sold or transferred
portion of the Property. Failure to provide a written
assumption agreement hereunder shall not negate, modify
or otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City
discretion to approve or deny any such sale or
transfer, except as otherwise expressly provided in
this Agreement.
4 . Development of the Property. The following provisions shall
govern the subdivision, development and use of the Property.
9
Ordinance No. 299
Page 7
4. 1. Permitted Uses. The permitted and conditionally
permitted uses of the Property shall be limited to
those that are allowed by the Project Approvals and
this Agreement.
4.2. Development Standards. All design and development
standards, including but not limited to density or
intensity of use and maximum height and size of
buildings, that shall be applicable to the Property are
set forth in the Project Approvals and this Agreement.
4. 3. Building Standards. All construction on the Property
shall adhere to the Uniform Building Code, including
the Fire Resistive Design Manual, the National
Electrical Code, the Uniform Plumbing Code, the Uniform
Mechanical Code, the Uniform Housing Code, the Uniform
Code for the Abatement of Dangerous Buildings, the
Uniform Code for Building Conservation and the Uniform
Administrative Code in effect at the time the plan
check or permit is approved and to any federal or state
building requirements that are then in effect
(collectively "the Building Codes") .
4. 4 . Reservations and Dedications. All reservations and
dedications of land for public purposes that are
applicable to the Property are set forth in the Project
Approvals and this Agreement.
5. Vesting of Development Rights.
5. 1. Timing of Development. In Pardee Construction Co. v.
City of Camarillo, 37 Ca1.3d 465 (1984) , the California
Supreme Court held that the failure of the parties
therein to provide for the timing or rate of
development resulted in a later-adopted initiative
restricting the rate of development to prevail against
the parties' agreement. City and Developer intend to
avoid the result in Pardee by acknowledging and
providing that Developer shall have the right, without
obligation, to develop the Property in such order and
at such rate and times as Developer deems appropriate
within the exercise of its subjective business
judgment.
10
Ordinance No. 299
Page 8
In furtherance of the Parties intent, as set forth in
this subsection, no future amendment of any existing
City ordinance or resolution, or future adoption of any
ordinance, resolution or other action, that purports to
limit the rate or timing of development over time or
alter the sequencing of development phases, whether
adopted or imposed by the City Council or through the
initiative or referendum process, shall apply to the
Property provided the Property is developed in
accordance with the Project Approvals and this
Agreement. Nothing in this subsection shall be
construed to limit City's right to insure that
Developer timely provides all infrastructure required
` by the Project Approvals, Subsequent Approvals, and
this Agreement.
5.2. Amendment of Project Approvals. No amendment of any of
the Project Approvals, whether adopted or approved by
the City Council or through the initiative or
referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to
the amendment.
5. 3. Issuance of Subsequent Approvals. Applications for
land use approvals, entitlements and permits, including
without limitation subdivision maps (e.g. tentative,
vesting tentative, parcel, vesting parcel, and final
maps) , subdivision improvement agreements and other
agreements relating to the Project, lot line
adjustments, preliminary and final planned development
permits, use permits, design review approvals (e.g.
site plans, architectural plans and landscaping plans) ,
encroachment permits, and sewer and water connections
that are necessary to or desirable for the development
of the Project (collectively "the Subsequent
Approvals"; individually "a Subsequent Approval") shall
be consistent with the Project Approvals and this
Agreement. For purposes of this Agreement, Subsequent
Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project
Approvals and by the applicable provisions of the
Moorpark General Plan, the Moorpark Municipal Code and
other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently
11
Ordinance No. 299
Page 9
adopted or approved by the City Council or through the
initiative or referendum process and in effect at the
time that the application for the Subsequent Approval
is deemed complete by City (collectively "City Laws") ,
except City Laws that:
(a) change any permitted or conditionally permitted
uses of the Property from what is allowed by the
Project Approvals;
(b) limit or -reduce the density or intensity of the
Project, or any part thereof, or otherwise require any
reduction in the number of proposed buildings or other
improvements from what is allowed by the Project
Approvals.
(c) limit or control the rate, timing, phasing or
sequencing of the approval, development or construction
of all or any part of the Project in any manner,
provided that all infrastructure required by the
Project Approvals to serve the portion of the Property
covered by the Subsequent Approval is in place or is
scheduled to be in place prior to completion of
construction;
(d) are not uniformly applied on a City-wide basis to
all substantially similar types of development projects
or to all properties with similar land use
designations;
(e) control residential rents;
(f) prohibit or regulate development on slopes with
grades greater than 20 percent, including without
limitation Moorpark Municipal Code Chapter 17.38 or any
successor thereto, within the Property; or
(g) modify the land use from what is permitted by the
City's General Plan Land Use Element at the operative
date of this Agreement or that prohibits or restricts
the establishment or expansion of urban services
including but not limited to community sewer systems to
the Project.
12
Ordinance No. 299
Page 10
5. 4. Term of Subsequent Approvals. The term of any tentative
map for the Property, or any portion thereof, shall
expire ten (10) years after its approval or conditional
approval or upon the expiration or earlier termination
of this Agreement, whichever occurs first,
notwithstanding the provisions of Government Code
Section 66452. 6(a) or the fact that the final map may
be filed in phases . Developer hereby waives any right
that it may have under the Subdivision Map Act,
Government Code Section 66410 et seq. , or any successor
thereto, to apply for an extension of the time at which -
the tentative map expires pursuant to this subsection.
No portion of the Property for which a final map or
parcel map has been recorded shall be reverted to
acreage at the initiative of City during the term of
this Agreement.
The term of any Subsequent Approval, except a tentative
map or subdivision improvement or other agreements
relating to the Project, shall be one year; provided
that the term may be extended by the decision maker for
two (2) additional one (1) year periods upon
application of the Developer holding the Subsequent
Approval filed with City's Department of Community
Development prior to the expiration of that Approval.
Each such Subsequent Approval shall be deemed
inaugurated, and no extension shall be necessary, if a
building permit was issued and the foundation received
final inspection by City' s Building Inspector prior to
the expiration of that Approval.
It is understood by City and Developer that certain
Subsequent Approvals may not remain valid for the term
of this Agreement. Accordingly, throughout the term of
this Agreement, any Developer shall have the right, at
its election, to apply for a new permit to replace a
permit that has expired or is about to expire.
5. 5. Modification Of Approvals. Throughout the term of this
Agreement, Developer shall have the right, at its
election and without risk to or waiver of any right
that is vested in it pursuant to this section, to apply
to City for modifications to Project Approvals and
Subsequent Approvals. The approval or conditional
approval of any such modification shall not require an
13
Ordinance No. 299
Page 11
amendment to this Agreement, provided that, in addition
to any other findings that may be required in order to
approve or conditionally approve the modification, a
finding is made that the modification is consistent
with this Agreement.
5. 6. Issuance of Building Permits. No building permit,
final inspection or certificate of occupancy will be
unreasonably withheld from Developer if all
infrastructure required by the Project Approvals,
- Subsequent Approvals, and this Agreement to serve the
portion of the Property covered by the building permit
is in place or is scheduled to be in place prior to
completion of construction and all of the other
relevant provisions of the Project Approvals,
Subsequent Approvals and this Agreement have been
satisfied. Consistent with subsection 5. 1 of this
Agreement, in no event shall building permits be
allocated on any annual numerical basis or on any
arbitrary allocation basis.
5.7 . Moratorium on Development. Nothing in this Agreement
shall prevent City, whether by the City Council or
through the initiative or referendum process, from
adopting or imposing a moratorium on the processing and
issuance of Subsequent Approvals and building permits
and on the finalizing of building permits by means of a
final inspection or certificate of occupancy, provided
that the moratorium is adopted or imposed (i) on a
City-wide basis to all substantially similar types of
development projects and properties with similar land
use designations and (ii) as a result of a utility
shortage or a reasonably foreseeable utility shortage,
including without limitation a shortage of water, sewer
treatment capacity, electricity or natural gas.
6. Developer Agreements.
6. 1 . Developer shall comply with (i) this Agreement, (ii)
the Project Approvals, (iii) all Subsequent Approvals
for which it was the applicant or a successor in
interest to the applicant and (iv) the MMRP of the MND
and any subsequent or supplemental environmental
actions.
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Ordinance No. 299
Page 12
6. 2 . All lands and interests in land dedicated to City shall
be free and clear of liens and encumbrances other than
easements or restrictions that do not preclude or
interfere with use of the land or interest for its
intended purpose, as reasonably determined by City.
6. 3. As a condition of the issuance of a building permit for
each residential or institutional use within the
boundaries of the Property, Developer shall pay City a
development fee as described herein (the "Development
- - Fee") . The Development Fee may be expended by City in
its sole and unfettered discretion. On the operative
date of this Agreement, the amount of the. Development
Fee shall be Eight Thousand Six Hundred Thirty-Five
Dollars ($8, 635.00) per residential unit and Thirty-
Eight Thousand, Eight Hundred Fifty-Eight Dollars
($38, 858.00) per gross acre of institutional land on
which the use is located. The fee shall be adjusted
annually commencing one (1) year after the first
residential building permit is issued within Tract 5130
by any increase in the Consumer Price Index (CPI) until
all fees have been paid. The CPI increase shall be
determined by using the information provided by the
U.S. Department of Labor, Bureau of Labor Statistics,
for all urban consumers within the Los
Angeles/Anaheim/Riverside metropolitan area during the
prior year. The calculation shall be made using the
month which is four (4) months prior to the month in
which the first residential building permit is issued
within Tract 5130 (e.g. , if the permit issuance occurs
in October, then the month of June is used to calculate
the increase) . In the event there is a decrease in the
referenced Index for any annual indexing, the
Development Fee shall remain at its then current amount
until such time as the next subsequent annual indexing
which results in an increase.
6.4. As a condition of the issuance of a building permit for
each residential or institutional use within the
boundaries of the Property, Developer shall pay City a
traffic mitigation fee as described herein ("Citywide
Traffic Fee") . The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion.
On the operative date of this Agreement, the amount of
the Citywide Traffic Fee shall be Four Thousand, Six
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Ordinance No. 299
Page 13
Hundred Sixty-Four Dollars ($4, 664 .00) per residential
unit, and Twenty Thousand, Nine Hundred Ninety-Eight
Dollars ($20, 998.00) per acre of institutional land on
which the institutional use is located. Commencing on
January 1, 2005, and annually thereafter, both
categories of the Citywide Traffic Fee shall be
increased to reflect the change in the State Highway
Bid Price Index for the twelve (12) month period that
is reported in the latest issue of the Engineering News
Record that is available on December 31 of the
preceding year ("annual indexing") . In the event there
is a decrease in the referenced Index for any annual
indexing, the Citywide Traffic Fee shall remain at its
then current amount until such time as the next
subsequent annual indexing which results in an
increase.
6. 5. As a condition of issuance of a building permit for
each residential or institutional use within the
boundaries of the Property, Developer shall pay City a
community services fee as described herein (Community
Services Fee) . The Community Services Fee may be
expended by City in its sole and unfettered discretion.
The amount of the Community Services Fee shall be Two
Thousand, Two Hundred Thirty-Three Dollars ($2,233.00)
per residential unit, and Seven Thousand Seventy
Dollars ($7, 070.00) per gross acre of institutional
land on which the institutional use is located.
Commencing on January 1, 2007, and annually thereafter,
the Community Services Fee shall be adjusted by any
increase in the Consumer Price Index (CPI) until all
Community Services Fees have been paid. The CPI
increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the
Los Angeles/Anaheim/Riverside metropolitan area during
the prior year. The calculation shall be made using
the month of August over the prior month of August. In
the event there is a decrease in the CPI for any annual
indexing, the Community Services Fee shall remain at
its then current amount until such time as the next
subsequent annual indexing which results in an
increase.
16
Ordinance No. 299
Page 14
6. 6. On the operative date of this Agreement, Developer
shall pay all outstanding City processing costs related
to preparation of this Agreement, Project Approvals,
and MND.
6.7 . Prior to the issuance of the building permit for each
residential dwelling unit within the Property,
Developer shall pay a fee in lieu of the dedication of
parkland and related improvements (Park Fee) . On the
operative date of this Agreement, the amount of the
Park Fee shall be Ten Thousand, Eight Hundred Dollars
($10, 800.00) for each residential dwelling unit and
Fifty Cents ($. 50) per square foot of each building
used for institutional purposes within the Property.
The fee shall be adjusted annually commencing one (1)
year after the first residential building permit is
issued within Tract 5130 by any increase in the
Consumer Price Index (CPI) until all fees have been
paid. The CPI increase shall be determined by using
the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles/Anaheim/Riverside
metropolitan area during the prior year. The
calculation shall be made using the month which is four
(4) months prior to the month in which the first
residential building permit is issued within Tract 5130
(e.g. , if the permit issuance occurs in October, then
the month of June is used to calculate the increase) .
In the event there is a decrease in the referenced
Index for any annual indexing, the Park Fee shall
remain at its then current amount until such time as
the next subsequent annual indexing which results in an
increase.
Developer agrees that the above-described payments
shall be deemed to satisfy the parkland dedication
requirement set forth at California Government Code
Section 66477 et seq. for the Property.
6. 8 . Provided that prior to recordation of the first final
map for Tract 5130 or March 31, 2005, whichever is
later, Ventura County Waterworks District No. 1 or any
successor entity confirms that it has sufficient
recycled water to serve the public and community owned
landscaped areas within Tract 5130, then Developer
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Ordinance No. 299
Page 15
shall construct appropriately sized water lines,
pumping facilities, and storage facilities for recycled
water consistent with the requirements of the City,
Waterworks District No. 1 and Calleguas Water District.
Said lines shall be installed prior to the final cap
being placed on all streets . Developer shall provide
service including payment of any connection and meter
charges and shall use recycled water for medians and
parkways for all public streets, and any other public
and commonly owned landscaping and recreation areas.
The amount of recycled water needed and areas to be
irrigated by recycled water shall be determined by City
at its sole discretion. The recycled water line (s)
shall be installed for each City approved phase of
development and the recycled water shall be in use
prior to the first occupancy approval for each City
approved phase of development if such recycled water is
available within one-half mile of the Property.
Developer shall install dual water meters and services
for all locations determined necessary by City at its
sole discretion to insure that both potable and
recycled water are available where restroom and
drinking fountains are planned.
6. 9. Developer shall grant a conservation easement to the
City in a form acceptable to the City consistent with
Civil Code Section 815 et seq. for lots A, B, C, 0 and
P. The limitations and exclusions described in this
subsection 6. 9 shall be included in the conservation
easements. No extraction of subsurface mineral
resources, grading, excavation, drilling, pumping,
mining, or similar activity shall be allowed in any
portion of Lots A, B, C, 0 and P, except grading for
the purpose of establishing and maintaining landscaping
as part of a fuel modification zone as determined by
the Director of Community Development and Ventura
County Fire Protection District. Lots A, B, and P may
include wetlands, storm water detention and debris
basins and related service roads, landscaping and
decorative planting areas, sidewalks and trails that do
not interfere with the open space uses as determined by
the City Council at its sole and unfettered discretion.
6.10 Prior to recordation of the first final map for the
Property, the Developer shall pay to City One Hundred
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Ordinance No. 299
Page 16
Forty Thousand Dollars ($140, 000. 00) to satisfy its
obligation to upgrade the intersections of Moorpark
Avenue (SR 23) at Charles Street and at High Street
(special conditions of approval 22 and 23 of Tract
5130) . Effective January 1, 2005, the $140, 000. 00
payment referenced above shall increase by one-half of
one percent ( .5%) each month until paid. This payment
may be expended by City in its sole discretion.
6. 11 . Developer shall provide five (5) four (4) bedroom and
two bath and two (2) three (3) bedroom and two bath
single family detached units with a minimum of 1, 200
square feet to be sold to buyers who meet the criteria
for low income (80 percent or less of median income) ;
and four (4) four (4) bedroom and two (2) bath, and
one (1) three (3) bedroom and two (2) bath single
family detached units with a minimum of 1, 200 square
feet to be sold to buyers who meet the criteria for
very low income (50 percent or less of median income) .
All single family detached units shall include a
standard size two-car garage with roll-up garage door
and a minimum driveway length of eighteen (18) feet
measured from the back of sidewalk, meet minimum
setback requirements of the City RPD zone, include
concrete roof tiles, and other amenities typically
found in moderate priced housing in the City (e.g. ,
air conditioning/central heating, washer/dryer
hookups, garbage disposal, built-in dishwasher,
concrete driveway, automatic garage door opener) . The
duplex type units in Tracts 3841, 3070-2, 3070-3,
3070-4, 4170, and 5133 are considered to be single
family detached units for the purposes of this
subsection 6.11.
Subject to City' s sole discretion, this obligation, in
whole or part, may be met by providing attached for
sale units in lieu of single family detached units at
the ratio of one and one-half (1k) attached for sale
unit for each single family detached unit. In the
event such substitution results in any fraction of a
unit, then the requirement shall be rounded up to the
next higher whole number (e.g. the requirement of 3
single family detached units are met by 441 attached
for sale units, then 5 attached for sale units are
required) . Each of the substituted units shall be at
19
Ordinance No. 299
Page 17
the income level of the units for which they are being
substituted.
The attached for sale units shall provide the same
number of bedrooms and bathrooms and contain all of
the same amenities for a single family detached unit
as described above, except the minimum driveway
length.
Prior to acquiring any housing unit to meet the
obligations of this subsection 6. 11, Developer must
first receive the written approval of City Manager or
his/her authorized representative that the unit meets
the requirements of this Development Agreement and any
applicable Affordable Housing Agreement for Tract
5130. Developer agrees that lack of a written
response from City as specified in subsection 7 .7 of
this Agreement is deemed a rejection of the
Developer' s request.
Developer may construct rather than purchase the
housing units required of it pursuant to this
subsection 6. 11 so long as Developer meets all
requirements of this Agreement and the proposed
project and property on which the units are proposed
to be constructed conform to the City' s General Plan,
Zoning Codes, and the Moorpark Municipal Code.
Nothing in this Agreement requires City to consider a
General Plan Land Use Amendment, Zone Change, or any
other land use entitlement to allow or permit said
proposed construction.
Developer further agrees that it has the obligation to
provide the required number of housing units as
specified above regardless of the cost to acquire or
construct said housing units. Developer further
agrees that City has no obligation to use eminent
domain proceedings to acquire any of the required
housing units and that this subsection 6. 11 is
specifically exempt from the requirements of
subsection 7.2 of this Agreement.
Prior to recordation of the first final Tract Map for
this Project, the City Council in its sole and
unfettered discretion shall approve an Affordable
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Ordinance No. 299
Page 18
Housing Implementation and Resale Restriction Plan
(Plan) that provides policies and guidelines to ensure
that all of the required affordable housing units are
provided consistent with this Agreement and applicable
State laws and remains affordable for the longest
feasible time. The Plan shall include but not be
limited to the following items: Initial Purchase
Price, market value, buyer eligibility, affordability
and resale covenants and restrictions, equity share
and second trust deed provisions, respective role of
City and Developer, the responsibility of providing
the affordable units by each developer in the event of
successors and/or assigns to this Agreement, the final
number of single family detached and single family
attached units that shall be provided to meet
Developer' s affordable housing obligation, quality of
and responsibility for selection of amenities and
applicability of home warranties in the event
Developer constructs housing units or purchases newly
constructed units from other developers/builders to
meet all or a portion of its obligation and any other
items determined necessary by the City. The Developer
and City shall, prior to the occupancy of the first
residential unit for the Project, execute an
Affordable Housing Agreement that incorporates the
Plan in total and is consistent with this Agreement.
Developer shall pay the City' s direct costs for
preparation and review of the Affordable Housing
Implementation and Resale Restriction Plan and the
Affordable Housing Agreement up to a maximum of Nine
Thousand Dollars ($9, 000. 00) .
Three (3) of the low income units and three (3) of the
very low income units shall be provided by Developer
and occupied by qualified buyers (or at City' s sole
discretion sold to City) prior to occupancy of the 50th
residential unit in Tract 5130, and the remaining four
(4) low income units and two (2) very low income units
shall be provided by Developer and occupied by
qualified buyers (or at City's sole discretion sold to
City) prior to occupancy of the 90th residential unit
in Tract 5130. No less than six (6) or the equivalent
number of substituted attached for sale units of the
required twelve (12) units shall be located within the
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Ordinance No. 299
Page 19
boundaries of the Moorpark Redevelopment Agency
project area.
All units shall meet the criteria of all applicable
State laws to qualify as newly affordable to low
income and very low income persons (in the quantity as
specified in this Agreement) to satisfy a portion of
the City' s RHNA obligation and if within the Moorpark
Redevelopment Agency project area to satisfy a portion
of the Agency's affordable housing goals. None of the
affordable units required by this Agreement shall
duplicate or substitute for the affordable housing
requirement of any other developer or development
project. All subsequent approvals required of City
under this subsection 6. 11 shall be made at City' s
sole discretion. If any conflict exists between this
Agreement and any Affordable Housing Agreement
required by this Agreement or the conditions of
approval for Tract Map No. 5130 and/or RPD No. 98-2,
then the Affordable Housing Agreement shall prevail.
All affordable housing units provided under this
subsection 6. 11 that received a final inspection prior
to January 1, 2004, must conform to the Uniform
Building Code in effect as of July 1, 1983. Developer
shall pay at its sole cost and expense for a city
selected contractor to perform a home inspection
and/or occupancy inspection by the City Building
Official, and Developer at its sole cost and expense
shall make any needed corrections to conform to
inspection reports and current building codes. At
Developer' s sole cost and expense, the roof shall be
inspected by a city selected contractor and if
necessary as determined by City at its sole discretion
repaired or replaced by a city selected licensed
roofing contractor and certified to have no less than
a 20-year life. Developer at its sole cost and
expense shall purchase a standard home warranty policy
for a three-year period commencing on the date the
unit is first sold to a qualified low or very low
income household and shall include but not be limited
to coverage of heating and air conditioning systems,
automatic garage door opener, and all built-in
appliances and include a deductible/service call
amount of no more than One Hundred Dollars ($100 . 00)
22
Ordinance No. 299
Page 20
per service request. For these units, City may
approve a composition shingle roof in lieu of a
concrete tile roof if all other provisions of this
subsection 6. 11 are met. In no event shall a wood
shake or shingle roof be approved.
For housing units constructed by Developer to meet its
obligation under this subsection 6. 11 or acquired by
Developer that were not previously occupied (i.e.
built after the Operative Date of this Agreement and
either not previously occupied or occupied by a bona
fide buyer for less than twelve months) , Developer
agrees to provide the same home warranties associated
with other units in the same project as the
constructed or purchased unit, or the maximum time
required by State law, whichever is longer, but in no
event less than ten (10) years. Developer agrees that
all such warranties shall inure to the benefit of and
be enforceable by the ultimate occupants of the low
income and very low income units, and that all
warranties by subcontractors and suppliers shall inure
to the benefit of and be enforceable by such
occupants. The qualified buyer (or City in lieu of a
qualified buyer at its sole discretion) shall have the
same choices of finish options as purchasers of other
units in the project and final walk-through approval
of condition of unit before close of sale. Any
options provided to buyers of units shall be provided
to buyer(s) of the required units including but not
limited to color and style choices for carpeting and
other floor coverings. Flooring selections shall be
made within 10 days of Developer' s request for
selection.
In the event the monthly HOA fees exceed $100. 00,
Developer shall deposit $120. 00 for each dollar or
portion thereof of the monthly HOA fees that are in
excess of $100.00 into a City administered trust to
assist with future HOA fees for each affected unit.
The Initial Purchase Price for the low-income buyers
shall not exceed affordable housing cost, as defined
in Sec. 50052. 5(b) (2) of California Health and Safety
Code. For a household of 4, the current monthly
"affordable housing cost" would be 30% times 70% of
23
Ordinance No. 299
Page 21
$74, 700, the current median income for a household of
4 in Ventura County, divided by 12. This monthly
amount includes the components identified in Section
6920 of Title 25 of the California Code of Regulations
shown below. (See Section 50052 . 5 (c) of the Health
and Safety Code. ) The Initial Purchase Price for a
low income household of 4 or fewer would be $158, 000
under current market conditions, based upon the
following assumptions:
Low Income Buyer
Household of Four
Item Detail Amount
Initial Purchase $158, 000
Price
Down Payment 5% of estimated $14, 000
market value
Loan Amount Initial Purchase $144, 000
Price less down
payment
Interest Rate 6. 0%
Property Tax 1. 25% of Initial $172/mo.
Purchase Price
HOA $50/mo.
Fire Insurance $30/mo.
Maintenance $30/mo.
, Utilities $166/mo.
The Initial Purchase Price for a low-income household
of five or more would be based on the affordable
housing cost for the actual household size. Under
current market conditions, that price would be
$170, 000 for a household of five, $185, 000 for a
household of six, and $200, 000 for a household of
seven.
The assumptions associated with the above purchase
price figures for low income households include a 5%
down payment, based on estimated market value of
$280, 000. 00, mortgage interest rate of 6%, no mortgage
insurance, property tax rate of 1.25%, based on
Initial Purchase Price, homeowners' association dues
of $50 per month, fire insurance of $30 per month,
24
Ordinance No. 299
Page 22
maintenance costs of $30 per month, and utilities of
$186 per month for a household of 4, assuming a 3
bedroom unit, and utilities of $213 per month for
households of 5, 6 and 7 persons, assuming a 4 bedroom
unit.
The Initial Purchase Price for the very low-income
buyers shall not exceed affordable housing cost, as
defined in Section 50052.5 (b) (2) of California Health
and Safety Code. For a household of 4, the current
monthly "affordable housing cost" would be 30% times
50% of $74,700, the current median income for a
household of 4 in Ventura County, divided by 12. This
monthly amount includes the components identified in
Section 6920 of Title 25 of the California Code of
Regulations shown below. (See Section 50052 . 5 (c) of
the Health and Safety Code. ) The Initial Purchase
Price for a very low income household of 4 or fewer
would be $98, 000 under current market conditions,
based upon the following assumptions:
Very Low Income Buyer
Household of Four
Item Detail Amount
Initial Purchase $98, 000
Price
Down Payment 3% of estimated $8, 400
market value
Loan Amount Initial Purchase $89, 600
Price less down
payment
Interest Rate 6. 0%
Property Tax 1 . 25% of Initial $102/mo.
Purchase Price _
HOA $50/mo.
Fire Insurance $30/mo.
Maintenance $30/mo.
Utilities $186/mo.
That Initial Purchase Price for a very low-income
household of five or more would be based on the
affordable housing cost for the actual household size.
Under current market conditions, the Initial Purchase
Price would be $105, 000 for a household of five,
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Ordinance No. 299
Page 23
$117, 000 for a household of six, and $128, 000 for a
household of seven.
The assumptions associated with the above purchase
price figures for very low income households include a
3% down payment, based on estimated market value of
$280,000.00, mortgage interest rate of 6%, no mortgage
insurance, property tax rate of 1.25%, based on
Initial Purchase Price, homeowners' association dues
of $50 per month, fire insurance of $30 per month,
- maintenance costs of $30 per month, and utilities of
$186 per month for a household of 4, assuming a 3
bedroom unit, and utilities of $213 per month for
households of 5, 6 and 7 persons, assuming a 4 bedroom
unit.
Developer acknowledges that changes in market
conditions may result in changes to the Initial
Purchase Price, down payment amounts, mortgage
interest rates, and other factors for both low income
and very low income buyers. Furthermore, if
"affordable housing cost", as defined in Section
50052. 5 of California Health and Safety Code, should
change in the future, the above guidelines will be
modified. The Affordable Housing Implementation and
Resale Restriction Plan shall address this potential
change.
In the event the City, at its sole discretion
purchases one or more of the units from Developer in
lieu of a qualified buyer, the Initial Purchase Price
shall be based on a household size of 4 persons and
consistent with all requirements of this subsection
6. 11. Developer agrees that prior to and upon the
sale of a required unit to a qualified buyer (or City
in lieu of a qualified buyer as determined by City at
its sole discretion) , City may at its sole discretion
take any actions and impose any conditions on said
sale or subsequent sale of the unit to ensure ongoing
affordability to low and very low income households
and related matters. After the sale of a housing unit
by Developer to a qualified buyer (or City in lieu of
a qualified buyer as determined by City at its sole
discretion) , City, not Developer, shall have sole
26
Ordinance No. 299
Page 24
responsibility for approving any subsequent sale of
that housing unit.
Developer shall pay closing costs for each unit, not
to exceed $6, 000. Beginning March 1, 2006, and on
March 1st for each of fifteen subsequent years, the
maximum $6, 000 to be paid for closing costs shall be
increased annually by any percentage increase in the
Consumer Price Index (CPI) for All Urban Consumers for
Los Angeles/Orange/Riverside metropolitan area during
the prior year. The calculation shall be made using
the month of December over the prior month of
December. In the event there is a decrease in the CPI
for any annual indexing, the amount due shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an
increase. The referenced Developer funded closing
costs shall be for the benefit of qualified buyers (or
City in lieu of qualified buyers as determined by City
at its sole discretion for one or more of the required
units) in their acquisition of a unit from Developer
not Developer' s acquisition of a unit from one or more
third parties. The Developer' s escrow cost shall not
exceed the then applicable maximum amount per unit
regardless of the number of escrows that may be opened
on a specific unit.
6. 12. Developer agrees that the Mitigation Measures included
in the City Council approved MND and MMRP, or
subsequent environmental clearance document approved by
the Council, set forth the mitigation requirements for
air quality impacts. Developer agrees to pay to City an
air quality mitigation fee, as described herein (Air
Quality Fee) , in satisfaction of the Transportation
Demand Management Fund mitigation requirement for the
Project. The Air Quality Fee may be expended by City
in its sole discretion for reduction of regional air
pollution emissions and to mitigate residual Project
air quality impacts.
At the time the Fee is due, City may at its sole
discretion require Developer to purchase equipment,
vehicles, or other items, contract and pay for
services, or make improvements for which Developer
27
Ordinance No. 299
Page 25
shall receive equivalent credit against Air Quality Fee
payments or refund of previous payments.
The Air Quality Fee shall be One Thousand, Five Hundred
Eighty-Eight Dollars ($1,588 . 00) per residential unit
to be paid prior to the issuance of each building
permit for the first residential unit in Tract 5130.
Commencing on March 1, 2007, and annually thereafter
the Air Quality Fee shall be adjusted by any increase
in the Consumer Price Index (CPI) until all fees have
been paid. The CPI increase shall be determined by
using the information provided by the U.S. Department
of Labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles/Anaheim/Riverside
metropolitan area during the prior year. The
calculation shall be made using the month of December
over the prior month of December. In the event there is
a decrease in the CPI for any annual indexing, the fee
shall remain at its then current amount until such time
as the next subsequent annual indexing which results in
an increase.
For institutional uses, the Air Quality Fee shall be
calculated by the Director of Community Development
consistent with the then applicable Ventura County Air
Quality Management District URBEMIS Model prior to the
first occupancy approval for each institutional use.
6. 13. Developer hereby waives any right that it may have
under California Government Code Section 65915 et.
seq. , or any successor thereto, or any other provision
of Federal, State, or City laws or regulations for
application or use of any density bonus that would
increase the number of dwelling units approved to be
constructed on the Property.
6. 14 . Developer agrees to cast affirmative ballots for the
formation of one or more assessment districts and
levying of assessments, for the maintenance of parkway
and median landscaping, street lighting, including but
not limited to all water and electricity costs, and if
requested by the City Council, parks for the provision
of special benefits conferred by same upon properties
within the Project. Developer further agrees to form
one or more property owner associations and to obligate
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Ordinance No. 299
Page 26
said associations to provide for maintenance of parkway
and median landscaping, street lighting, and if
requested by the City Council, parks in the event the
aforementioned assessment district is dissolved or
altered in any way or assessments are reduced or
limited in any way by a ballot election of property
owners, or if the assessment district is invalidated by
court action. Prior to recordation of the first final
map for the Property, if required by City at its sole
discretion, Developer shall also form one or more
property owner associations to assume ownership and
maintenance of open space land, trails, storm water
detention and/or debris basins and related drainage
facilities, landscaping, and other amenities, and to
comply with the National Pollutant Discharge
Elimination System (NPDES) requirements of the Project.
The obligation of said property owner associations
shall be more specifically defined in the conditions of
approval of Tract 5130 and RPD 98-2.
6. 15. In addition to fees specifically mentioned in this
Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at the
rate and amount in effect at the time the fee is
required to be paid. Said fees include but are not
limited to Library Facilities Fees, Police Facilities
Fees, Fire Facilities Fees, drainage, entitlement
processing fees, and plan check and permit fees for
buildings and public improvements. Developer further
agrees that unless specifically exempted by this
Agreement, it is subject to all fees imposed by City at
the operative date of this Agreement and such future
fees imposed as determined by City in its sole
discretion so long as said fee is imposed on similarly
situated properties.
6. 16. Developer shall pay the Los Angeles Avenue Area of
Contribution (AOC) fee for each residential lot and
institutional use prior to the issuance of a building
permit for each lot or use. The AOC fee shall be the
dollar amount in effect at the time of issuance of the
building permit for each residential lot and
institutional use.
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Ordinance No. 299
Page 27
6. 17 . Prior to approval of the first final map for the
Property, the Developer shall pay to the City Seventy
Thousand Dollars ($70, 000.00) to satisfy the MND and
MMRP Mitigation Measures 2. , 5. , and 11. as contained
in Initial Study Exhibit 1. This payment may be
expended by City in its sole discretion for open space
acquisition and maintenance and habitat restoration
and preservation.
6. 18. The street improvements for North Hills Parkway shall _
be designed and constructed by Developer to provide
for a 50-year life as determined by the City Engineer.
6. 19. Prior to occupancy of the first residential unit in
Tract 5130 and RPD 98-2, Developer shall acquire at
its sole cost and expense the property needed to
improve and make improvements to the Walnut Canyon
Road and be consistent with the conditions of approval
for Tract 5130.
6.20. Developer agrees that any fees and payments pursuant
to this Agreement shall be made without reservation,
and Developer expressly waives the right to payment of
any such fees under protest pursuant to California
Government Code Section 66020 and statutes amendatory
or supplementary thereto. Developer further agrees
that the fees it has agreed to pay pursuant to
subsections 6.3, 6. 5, 6. 10 and 6. 17 of this Agreement
are not public improvement fees collected pursuant to
Government Code Section 66006 and statutes amendatory
or supplementary thereto and that for purposes of
Government Code Section 65865 (e) and statutes
amendatory or supplementary thereto, that this
Agreement is entered into as of December 17, 2003,
notwithstanding the fact that this Agreement may not
become operative until after January 1, 2004 .
6.21. Developer agrees to comply with Section 15.40. 150 of
the Moorpark Municipal Code and any provision
amendatory or supplementary thereto for annual review
of this Agreement and further agrees that the annual
review shall include evaluation of its compliance with
the approved MND and MMRP.
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Ordinance No. 299
Page 28
6.22 Developer shall install a six foot (6' ) to eight foot
(8' ) high decorative masonry wall and landscaping
adjacent to said wall at or within ten (10) feet
directly north of the north right of way of the
proposed North Hills Parkway (i.e. at or within 10
feet north of the south property line of County of
Ventura Waterworks District No. 1 parcel APN 500-027-
013) . The location, design, and installation of the
decorative masonry wall, landscaping, and related
irrigation system shall be to the satisfaction of the
Director of Community Development and City Engineer
and installed prior to the first residential occupancy
of Tract 5130 and RPD 98-2, so long as the County of
Ventura Waterworks District No. 1 grants the necessary
easements as determined by the Director of Community
Development in his/her sole discretion for
installation of the above described wall, landscaping
and irrigation system.
6.23 Developer agrees to provide City with cash deposits as
City may require at its sole discretion to pay all
City and related costs for the proceedings and related
services for possible formation of a District as
referenced in subsection 7. 6 of this Agreement, which
may be required to be paid prior to formation of a
District, or in the event a District is not formed,
after the commencement of proceedings related thereto.
Said costs may include but are not limited to attorney
fees, engineering fees, City staff costs, and City
overhead expenses of fifteen percent (15%) on all out
of pocket and professional service costs.
Developer further agrees that City may at its sole
discretion select the bond counsel, underwriter,
financial advisor and any other professional service
provider City deems necessary to process the possible
formation of a District.
6.24 Developer agrees that any election to acquire property
by eminent domain shall be at City' s sole discretion,
and only after compliance with all legally required
procedures including but not limited to a hearing on a
proposed resolution of necessity.
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Ordinance No. 299
Page 29
7. City Agreements.
7 . 1 . City shall commit reasonable time and resources of City
staff to work with Developer on the expedited and
parallel processing of applications for Subsequent
Approvals for the Project area and shall use overtime
and independent contractors whenever possible.
Developer shall assume any risk related to, and shall
pay the additional costs incurred by City for, the
expedited and parallel processing.
7.2. If requested in writing by Developer and limited to
City' s legal authority, City at its sole discretion
shall proceed to acquire, at Developer' s sole cost and
expense, easements or fee title to land in which
Developer does not have title or interest in order to
allow construction of public improvements required of
Developer including any land which is outside City' s
legal boundaries. The process shall generally follow
Government Code Section 66462. 5 et seq. and shall
include the obligation of Developer to enter into an
agreement with City, guaranteed by cash deposits and
other security as the City may require, to pay all City
costs including but not limited to, acquisition of the
interest, attorney fees, appraisal fees, engineering
fees, City staff costs, and City overhead expenses of
fifteen percent (15%) on all out-of-pocket costs.
7. 3. The City Manager is authorized to sign an early grading
agreement on behalf of City to allow rough grading of
the Project prior to City Council approval of a final
subdivision map. Said early grading agreement shall be
consistent with the conditions of approval for Tract
5130 and RPD 98-1 and contingent on City Engineer and
Director of Community Development acceptance of a
Performance Bond in a form and amount satisfactory to
them to guarantee implementation of the erosion control
plan and completion of the rough grading and
construction of on-site and off-site improvements. In
the case of failure to comply with the terms and
conditions of the early grading agreement, the City
Council may by resolution declare the surety forfeited.
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Ordinance No. 299
Page 30
7 . 4 . City agrees that whenever possible as determined by
City in its sole discretion to process concurrently all
land use entitlements for the same property so long as
said entitlements are deemed complete.
7. 5. City agrees that the Park Fee required under subsection
6.7. of this Agreement meets Developer's obligation for
park land dedication provisions of state law and City
codes.
7. 6. City agrees that upon receipt of a landowners' petition
by Developer and Developer' s payment of a fee, as
prescribed in California Government Code Section 53318,
as well as payment for costs described in subsection
6.23 of this Agreement, City shall commence proceedings
to form a Mello-Roos Community Facilities District
("District") and to incur bonded indebtedness to
finance all or portions of the public facilities,
infrastructure and services that are required by the
Project and that may be provided pursuant to the Mello-
Roos Community Facilities Act of 1982 (the "Act") ;
provided, however, the City Council, in its sole and
unfettered discretion, may abandon establishment of the
District upon the conclusion of the public hearing
required by California Government Code Section 53321
and/or deem it unnecessary to incur bonded indebtedness
at the conclusion of the hearing required by California
Government Code Section 53345.
The purpose of any such District may also include fees
for funding public facilities, infrastructure and
services that are required by the Project to the extent
permitted by the Act as determined by bond counsel for
the District' s bond indebtedness financing. City may
select and retain bond counsel, engineers,
underwriters, financial advisors and any other
professional service providers it deems necessary at
its sole discretion to conduct proceedings and related
services for possible formation of a District. City
further agrees that, to the extent permitted by the Act
as determined by bond ,counsel, Developer may be
reimbursed for costs advanced by Developer for
formation and related proceedings.
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Ordinance No. 299
Page 31
In the event that a District is formed, the special tax
levied against any residential lot or residence thereon
shall afford the buyer the option to prepay the special
tax in full prior to the close of escrow on the initial
sale of the developed lot by the builder of the
residence.
7.7. The City agrees to appoint an affordable housing staff
person to oversee the implementation of the affordable
housing requirements for the Property required herein
for the duration such units are required to be
maintained as affordable consistent with the
provisions of subsection 6. 11 of this Agreement.
City agrees that upon receipt of Developer' s written
request to acquire a housing unit to meet its
obligation under subsection 6. 11 of this Agreement,
the City Manager, or his/her authorized
representative, shall respond within thirty (30)
calendar days accepting or rejecting the housing unit.
Failure to respond within the specified time shall be
deemed as rejection of said unit.
City further agrees Developer may construct rather
than purchase the housing units required by subsection
6. 11 of the Agreement so long as Developer meets all
requirements of this Agreement and the proposed
project and property on which the units are proposed
to be constructed are consistent with the City' s
General Plan, Zoning Codes, and the Moorpark Municipal
Code.
7.8. City agrees to allow for a variation of five feet (5' )
maximum in the grades as shown on the Grading Plan
exhibit of Tract 5130 subject to approval of the
Director of Community Development upon a determination
by the Director in his/her sole discretion subject to
review by the City Council that the overall design and
visual quality of the Property would not be
significantly affected.
7. 9. City shall facilitate the reimbursement to Developer
of any costs incurred by Developer that may be subject
to partial reimbursement from' other developers as a
condition of approval of a tract map development
34
Ordinance No. 299
Page 32
permit or development agreement with one or more other
developers.
8 . Supersession of Agreement by Change of Law. In the event that
any state or federal law or regulation enacted after the date
the Enabling Ordinance was adopted by the City Council
prevents or precludes compliance with any provision of the
Agreement, such provision shall be deemed modified or
suspended to comply with such state or federal law or
regulation, as reasonably determined necessary by City.
9. Demonstration of Good Faith Compliance. In order to ascertain
compliance by Developer with the provisions of this Agreement,
the Agreement shall be reviewed annually in accordance with
Moorpark Municipal Code Chapter 15.40 . of City or any
successor thereof then in effect. The failure of City to
conduct any such annual review shall not, in any manner,
constitute a breach of this Agreement by City, diminish,
impede, or abrogate the obligations of Developer hereunder or
render this Agreement invalid or void. At the same time as
the referenced annual review, City shall also review
Developer's compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its
obligations hereunder, other than payment of fees, shall be
excused during any period of "Excusable Delay", as hereinafter
defined, provided that the Party claiming the delay gives
notice of the delay to the other Parties as soon as possible
after the same has been ascertained. For purposes hereof,
Excusable Delay shall mean delay that directly affects, and is
beyond the reasonable control of, the Party claiming the
delay, including without limitation: (a) act of God; (b) civil
commotion; (c) riot; (d) strike, picketing or other labor
dispute; (e) shortage of materials or supplies; (e) damage to
work in progress by reason of fire, flood, earthquake or other
casualty; (f) failure, delay or inability of City to provide
adequate levels of public services, facilities or
infrastructure to the Property including, by way of example
only, the lack of water to serve any portion of the Property
due to drought; (g) delay caused by a restriction imposed or
mandated by a governmental entity other than City; or (h)
litigation brought by a third party attacking the validity of
this Agreement, a Project Approval, a Subsequent Approval or
any other action necessary for development of the Property.
35
Ordinance No. 299
Page 33
11. Default Provisions .
11. 1. Default by Developer. The Developer shall be deemed to
have breached this Agreement if it:
(a) practices, or attempts to practice, any fraud or
deceit upon City; or willfully violates any order,
ruling or decision of any regulatory or judicial
body having jurisdiction over the Property or the
Project, provided that Developer may contest any
such order, ruling or decision by appropriate-
proceedings conducted in good faith, in which
event no breach of this Agreement shall be deemed
to have occurred unless and until there is a final
adjudication adverse to Developer; or
(b) fails to make any payments required under this
Agreement; or
(c) materially breaches any of the provisions of the
Agreement.
11 . 2. Default by City. City shall be deemed in breach of
this Agreement if it materially breaches any of the
provisions of the Agreement.
11. 3. Content of Notice of Violation. Every notice of
violation shall state with specificity that it is given
pursuant to this subsection of the Agreement, the
nature of the alleged breach, and the manner in which
the breach may be satisfactorily cured. Every notice
shall include a period to cure, which period of time
shall not be less than ten (10) days from the date that
the notice is deemed received, provided if the
defaulting party cannot reasonably cure the breach
within the time set forth in the notice such party must
commence to cure the breach within such time limit and
diligently effect such cure thereafter. The notice
shall be deemed given on the date that it is personally
delivered or on the date that it is deposited in the
United States mail, in accordance with Section 20
hereof.
11 . 4. Remedies for Breach. The Parties acknowledge that
remedies at law, including without limitation money
36
Ordinance No. 299
Page 34
damages, would be inadequate for breach of this
Agreement by any Party due to the size, nature and
scope of the Project. The Parties also acknowledge
that it would not be feasible or possible to restore
the Property to its natural condition once
implementation of the Agreement has begun. Therefore,
the Parties agree that the remedies for breach of the
Agreement shall be limited to the remedies expressly
set forth in this subsection. Prior to pursuing the
remedies set forth herein, notice and an opportunity to
cure shall be provided pursuant to subsection 11. 3
herein.
The remedies for breach of the Agreement by City shall
be injunctive relief and/or specific performance.
The remedies for breach of the Agreement by Developer
shall be injunctive relief and/or specific performance.
In addition, if the breach is of subsections 6.10,
6. 11, 6. 12, 6. 14, 6. 15, 6. 16, 6. 17, 6. 18, 6.19, 6.20,
6.21, or subsection 6.23 of this Agreement, City shall
have the right to withhold the issuance of building
permits to Developer throughout the Project from the
date that the notice of violation was given pursuant to
subsection 11.3 hereof until the date that the breach
is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude
City from prosecuting a criminal action against any
Developer who violates any City ordinance or state
statute.
12. Mortgage Protection. At the same time that City gives notice
to Developer of a breach, City shall send a copy of the notice
to each holder of record of any deed of trust on the portion
of the Property in which Developer has a legal interest
("Financier") , provided that the Financier has given prior
written notice of its name and mailing address to City and the
notice makes specific reference to this section. The copies
shall be sent by United States mail, registered or certified,
postage prepaid, return receipt requested, and shall be deemed
received upon the third (3rd) day after deposit.
Each Financier that has given prior notice to City pursuant to
this section shall have the right, at its option and insofar
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Ordinance No. 299
Page 35
as the rights of City are concerned, to cure any such breach
within fifteen (15) days after the receipt of the notice from
City. If such breach cannot be cured within such time period,
the Financier shall have such additional period as may be
reasonably required to cure the same, provided that the
Financier gives notice to City of its intention to cure and
commences the cure within fifteen (15) days after receipt of
the notice from City and thereafter diligently prosecutes the
same to completion. City shall not commence legal action
against Developer by reason of Developer' s breach without
allowing the Financier to cure the same as-specified herein.
Notwithstanding any cure by Financier, this Agreement shall be
binding and effective against the Financier and every owner of
the Property, or part thereof, whose title thereto is acquired
by foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time,
Developer may deliver written notice to City and City may
deliver written notice to Developer requesting that such Party
certify in writing that, to the knowledge of the certifying
Party, (i) this Agreement is in full force and effect and a
binding obligation of the Parties, (ii) this Agreement has not
been amended, or if amended, the identity of each amendment,
and (iii) the requesting Party is not in breach of this
Agreement, or if in breach, a description of each such breach.
The Party receiving such a request shall execute and return
the certificate within thirty (30) days following receipt of
the notice. City acknowledges that a certificate may be
relied upon by successors in interest to the Developer who
requested the certificate and by holders of record of deeds of
trust on the portion of the Property in which that Developer
has a legal interest.
14. Administration of Agreement. Any decision by City staff
concerning the interpretation and administration of this
Agreement and development of the Property in accordance
herewith may be appealed by the Developer to the City Council,
provided that any such appeal shall be filed with the City
Clerk of City within ten (10) days after the affected
Developer receives notice of the staff decision. The City
Council shall render its decision to affirm, reverse or modify
the staff decision within thirty (30) days after the appeal
was filed. The Developer shall not seek judicial review of
any staff decision without first having exhausted its remedies
pursuant to this section.
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Ordinance No. 299
Page 36
15. Amendment or Termination by Mutual Consent. In accordance
with the provisions of Ordinance No. 59 of City or any
successor thereof then in effect, this Agreement may be
amended or terminated, in whole or in part, by mutual consent
of City and the affected Developer.
15. 1 Exemption for Amendments of Project Approvals. No
amendment to a Project Approval shall require an
amendment to this Agreement and any such amendment
shall be deemed to be incorporated into this Agreement
at the time that the amendment becomes effective,
provided that the amendment is consistent with this
Agreement .
16. Indemnification. Developer shall indemnify, defend with
counsel approved by City, and hold harmless City and its
officers, employees and agents from and against any and all
losses, liabilities, fines, penalties, costs, claims, demands,
damages, injuries or judgments arising out of, or resulting in
any way from, Developer's performance pursuant to this
Agreement.
Developer shall indemnify, defend with counsel approved by
City, and hold harmless City and its officers, employees and
agents from and against any action or proceeding to attack,
review, set aside, void or annul this Agreement, or any
provision thereof, or any Project Approval or Subsequent
Approval or modifications thereto, or any other subsequent
entitlements for the project and including any related
environmental approval.
17. Time of Essence. Time is of the essence for each provision of
this Agreement of which time is an element.
18. Operative Date. This Agreement shall become operative on the
date the Enabling Ordinance becomes effective pursuant to
Government Code Section 36937 .
19. Term. This Agreement shall remain in full force and effect
for a term of twenty (20) years commencing on its operative
date or until the close of escrow on the initial sale of the
last Affordable Housing Unit, whichever occurs last, unless
said term is amended or the Agreement is sooner terminated as
otherwise provided herein.
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Ordinance No. 299
Page 37
Expiration of the term or earlier termination of this
Agreement shall not automatically affect any Project Approval
or Subsequent Approval that has been granted or any right or
obligation arising independently from such Project Approval or
Subsequent Approval.
Upon expiration of the term or earlier termination of this
Agreement, the Parties shall execute any document reasonably
requested by any Party to remove this Agreement from the
public records as to the Property, and every portion thereof,
to the extent permitted by applicable laws.
20. Notices. All notices and other communications given pursuant
to this Agreement shall be in writing and shall be deemed
received when personally delivered or upon the third (3rd) day
after deposit in the United States mail, registered or
certified, postage prepaid, return receipt requested, to the
Parties at the addresses set forth in Exhibit "B" attached
hereto and incorporated herein.
Any Party may, from time to time, by written notice to the
other, designate a different address which shall be
substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and
documents referenced herein contain the entire agreement
between the Parties regarding the subject matter hereof, and
all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended,
except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall
constitute a waiver of any other provision, whether or not
similar; nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision. No waiver shall be
binding, unless it is executed in writing by a duly authorized
representative of the Party against whom enforcement of the
waiver is sought.
23. Severability. If any provision of this Agreement is
determined by a court of competent jurisdiction to be invalid
or unenforceable, the remainder of this Agreement shall be
effective to the extent the remaining provisions are not
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Ordinance No. 299
Page 38
rendered impractical to perform, taking into consideration the
purposes of this Agreement.
24 . Relationship of the Parties. Each Party acknowledges that, in
entering into and performing under this Agreement, it is
acting as an independent entity and not as an agent of any of
the other Parties in any respect. Nothing contained herein or
in any document executed in connection herewith shall be
construed as creating the relationship of partners, joint
ventures or any other association of any kind or nature
between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and
entered into for the sole benefit of the Parties and their
successors in interest. No other person shall have any right
of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and
any amendment thereof shall be recorded with the County
Recorder of the County of Ventura by the City Clerk of City
within the period required by Ordinance 59 of City or any
successor thereof then in effect.
27 . Cooperation Between City and Developer. City and Developer
shall execute and deliver to the other all such other and
further instruments and documents as may be necessary to carry
out the purposes of this Agreement.
28 . Rules of Construction. The captions and headings of the
various sections and subsections of this Agreement are for
convenience of reference only, and they shall not constitute a
part of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this
Agreement be found to be in conflict with any provision of the
Project Approvals or the Subsequent Approvals, the provision
of this Agreement shall prevail. Should any provision of the
Implementation Plan be found to be in conflict with any
provision of this Agreement, the provisions of the
Implementation Plan shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have
been prepared jointly and equally by the Parties, and it shall
not be construed against any Party on the ground that the
Party prepared the Agreement or caused it to be prepared.
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Ordinance No. 299
Page 39
30. Governing Law and Venue. This Agreement is made, entered
into, and executed in the County of Ventura, California, and
the laws of the State of California shall govern its
interpretation and enforcement. Any action, suit or
proceeding related to, or arising from, this Agreement shall
be filed in the appropriate court having jurisdiction in the
County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding
is brought for the enforcement or declaration of any right or
obligation, pursuant to, or as a result of any alleged breach
of, this Agreement, the prevailing Party shall be entitled to
its reasonable attorneys' fees and litigation expenses and
costs, and any judgment, order or decree rendered in such
action, suit or proceeding shall include an award thereof.
32. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but
all of which constitute one and the same instrument.
IN WITNESS WHEREOF, Moorpark 150, LLC, and City of Moorpark
have executed this Development Agreement on the date first above
written.
CITY OF MOORPARK
Patrick Hunter
Mayor
OWNER/DEVELOPER
Moorpark 150, L.L.C. ,
a Delaware limited liability company
By: Moorpark Equity Partners, Ltd. ,
a California limited partnership
Its Managing Member
By: KRE, L.L.C. ,
a Delaware limited liability company
Its General Partner
By:
Bruce Elieff
Its Managing Member
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Ordinance No. 299
Page 40
By:
Todd Kurtin
Its Managing Member
By: LSOF Moorpark Land, L.P.
a Texas limited partnership
Its Managing Member
By: LSOF GenPar III, Inc. ,
a Texas corporation
Its General Partner
By:
Name :
Title:
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Ordinance No. 299
Page 41
EXHIBIT "A"
(LEGAL DESCRIPTION OF TRACT NO. 5130 BOUNDARY)
That portion of Tract 1 and Tract 2 of M.L. WICKS SUBDIVISION, in the county of
Ventura, State of California, as per the map recorded in Book 5,at Page 37 of Miscellaneous
Records(Maps), in the office of the County Recorder of said county, AND that portion of Lots
"U"and"V"of Tract "L"of RANCHO SIMI,in the county of Ventura, State of California as
per the map recorded in Book 5,at Page 5 of Miscellaneous Records(Maps), in the office of
the County Recorder of said county,described as follows:
- Beginning at the intersection of the northerly boundary line of said M. L. WICKS
SUBDIVISION and the easterly line of Walnut Canyon Road, 50 feet wide, as described in
deed recorded in Book 104, at Page 18 of Deeds of said county; thence along said northerly
line, to and along the north line of said Lots"U"and"V",
1" North 89°57'13" East, a distance of 1499.39 feet to the northeasterly corner of the
land described in the deed recorded in Book 136 at Page 38 of Deeds of said county;
thence along the boundary of said land,
2nd South 00°05'32" East, a distance of 733.24 feet to the southeasterly corner of said
land;thence along the southerly line of said land, to and along the southerly boundary of
the land described in Book 136 at Page 330 of Deeds of said county,
3'd South 89°57'13" West, a distance of 424.20 feet to a point on the easterly line of said
M.W. WICKS SUBDIVISION; thence along said easterly line the following six
courses,
4th South 00°05'32" East, a distance of 3.02 feet; thence,
5`h South 00°02'53" East, a distance of 599.66 feet; thence,
6th South 89°46'50" West, a distance of 65.01 feet; thence,
7th South 00°05'18" East, a distance of 599.74 feet; thence,
8th South 89°54'42" West, a distance of 35.72 feet; thence,
9th South 00°05'18" East, a distance of 400.00 feet to the southeasterly corner of Lot 10
of said Tract 1; thence along the southerly line of said Lot 10, to and along the southerly
line of Lot 17 of said Tract 2,
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Ordinance No. 299
Page 42
10th South 89°57'17"West, a distance of 792.58 feet to the southeasterly corner of the land
described in deed recorded in Book 1804,at Page 174 of Official Records of said
county; thence along the easterly line of said land and the northwesterly prolongation
thereof, the following four courses,
1 ph North 00°00'28"East, a distance of 177.79 feet; thence,
12th North 73°10'28" East, a distance of 192.15 feet; thence,
13'h North 45°58'43"East, a distance of 46.46 feet; thence,
14th North 09°57'32" West, a distance of 161.38 feet to a point on the northerly line of
Wicks Road, 60 feet wide, as granted to the County of Ventura in the deed recorded in
Book 894,at Page 399 of Official Records,of said county, said point being on a curve
concave northwesterly having a radius of 170.00 feet,a radial line to the center of said
curve bears North 10°13'57" West; thence along said curve and said northerly line the
following three courses,
15th Westerly an arc distance of 30.33 feet through a central angle of 10°13'25";thence
tangent to said curve,
161h South 89°59'28" West, a distance of 250.81 feet to the beginning of a tangent curve to
the left having a radius of 830.00 feet; thence along said curve,
17th Westerly an arc distance of 165.78 feet through a central angle of 11°26'39"to the
southeasterly corner of land described in the deed recorded as Instrument Number 93-
093575 of Official Records of said county; thence along the boundary of said land the
following two courses,
18'h North 58°29'46" East, a distance of 89.92 feet; thence,
19th North 11°28'09" West, a distance of 151.26 feet to the northeasterly corner of said
land;thence along the northerly line of said land to and along the northerly boundary of
the land described in the deed recorded as Instrument Number 92-214837 of Official
Records of said county,
20th South 78°49'18" West, a distance of 253.55 feet to the northwesterly corner of last
said land; thence along the westerly line of last said land the following two courses,
2151 South 14°21'22" East,a distance of 86.53 feet; thence,
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Ordinance No. 299
Page 43
22nd South 02°21'22" East,a distance of 118.93 feet to a point on the northerly line of said
Wicks Road, being a point on a curve concave southeasterly having a radius of 830.00
feet, a radial line to the center of said curve bears South 24°13'42" East; thence along
said curve and along said northerly line the following two courses,
23'd Southwesterly an arc distance of 15.41 feet through a central angle of 1°03'50"; thence
tangent to said curve,
24'h South 64°42'28" West, a distance of 49.62 feet to the easterly line of the land
described in deed recorded in Book 1224,at Page 557 of Official Records of said
county; thence along the boundary of said land the following five courses,
25'h North 02°21'22" West, a distance of 137.86 feet; thence,
26'h North 14°21'22"West, a distance of 327.60 feet; thence,
27th South 75°26'48" West, a distance of 183.51 feet; thence,
28'h South 66°34'48"West, a distance of 295.82 feet; thence,
29th South 34°15'58" West, a distance of 374.92 feet to a point on the northerly line of the
land described in deed recorded in Book 228 at Page 363 of Official Records of said
county; thence along said northerly line,
30th South 89°57'17" West, a distance of 158.59 feet to a point on the easterly line of the
land described in deed recorded as Instrument Number 94-107968 of Official Records
of said county, said point being on a curve concave southeasterly having a radius of
370.00 feet,a radial line to the center of said curve bears South 63°5025"East; thence
along said curve and said easterly line the following six courses,
315t Northeasterly an arc distance of 34.32 feet through a central angle of 5°18'53"; thence
tangent to said curve,
32"d North 31°28'28" East, a distance of 381.41 feet; thence,
33`d North 33°43'28" East, a distance of 342.18 feet; thence,
34th North 35°43'28" East, a distance of 38.44 feet; thence,
35th North 34°35'51" East,a distance of 305.06 feet; thence,
46
Ordinance No. 299
Page 44
36th North 54°16'32" West, a distance of 4.00 feet to said easterly line of Walnut Canyon
Road;thence along said easterly line the following three courses,
37'h North 35°43'28" East, a distance of 955.65 feet; thence,
38`'' North 05°13'28" East, a distance of 219.57 feet; thence,
39th North 17°1328"East, a distance of 119.37 feet to the Point of Beginning.
The above described parcel of land contains 78.93 Acres, more or less, and is delineated on
the attached Exhibit"B".
w�� S.{•j fit\
JOSEPH P.
Joseph P. Tennyson,Jr. II// Date *1 EXP. 12/31/04 lit
LS 5983 (Exp. 12/31/04) NO. 5983 '/
47
Ordinance No. 299 EXHIBIT SHEET I OF 2
Page 45 "13"
(TRACT NO. 5130 BOUNDARY)
LI
• 01P NT OF
r -1
BEGINNING
i -
co
1 2 -I5.)
rI,.
co ,,
&r.
- —•- -
4-/ ;• .i...., -..4:-.'..; q.'131:- ', !'...3.;(_,I.;
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. .
, TRAGT NO. 5130
• I /
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(1224 OR 557) o'b L16
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1 ' 46'3 ".....'''..C1-14...Cro (1804 OR 174) a
---e.,?:52.
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, ,(228 OR 363) ----16---
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DOCUMENT LEGEND
Arqp :
0 INSTRUMENT NUMBER 93-093575 O.R. NOTE; ti•
CI INSTRUMENT NUMBER 92-214837 O.R. SEE SHEET TA 2 FOR TABULATED BOUNDARY r
DA
CI INSTRUMENT NUMBER 94-107968 O.R. is
I
k t::
Ali ,; •l• I ° (4).
1 \ \ v3 I
1 TENNYSON. JR. „
.it...p.;,..40,1 , 7._ , .f.,r....,........AJ ... j_3424,-dr-r-1-
o' 200' 400' 800' 1 -
•',JOSEPH P. TENNYSON, JR. ‘ DAT1 --2.4:cw - 41- k
••••=1"1"."..1..m...mmin ii
LS 5983 (EXP. 12-31-04) St ‘..i ft^.
SCALE: 1-=400' 4rE OF Cl.' x
---- ----•• • ---- •••- .•- ..—..-- .-r — .. ‘frit",a0 A r* cruvrt I ancl c A_CC177
48
Pagen46ce No. 299 EXHIBIT Bali SHEET 2 OF 2
(TRACT NO. 5130 BOUNDARY)
LINE DATA CURVE DATA
r Q 13EABM DISTANCE - NQ DELTA RADIUS LENGTH
L1 N89'5713'E 1499.39' C15 1013'25" 170.00' 30.33'
L2 500'05'32"E 733.24' C17 1126'39" 830.00' 165.78'
13 S8957'13'W 424.20' C23 1'13'50' 830.00' 15.41'
L4 S00'05'32"E 3.02' C31 518'53" 370.00' 34.32'
L5 500'02'53'E 599.66'
L6 589'46'50'W 65.01'
L7 500105'18"E 599.74'
L8 589'54'42'W 35.72'
L9 500'0518'E 400.00' RADIAL BEARING DATA
L10 589'57'17'W 792.58'
HQ BEARING
L11 N00'00'28"E 177.79'
112 N7310'28"E 192.15' R81 N101 3'57"W
113 N45'58'431 46.46' RB2 52413'42'E
L14 N0957'32'W 161.38' R83 563'50'25"E
116 S8959'28'W 250.81'
L18 N5829'46"E 89.92'
L19 N1128'09'W 151.26'
L20 578.49'1 B'W 253.55'
L21 S1421'22"E 86.53'
L22 50221'22'E 118.93'
124 564'42'28'W 49.62' g
L25 N0221'22"W 137.86'
L26 N1421'22'W 327.60'
L27 57526'48'W 183.51' ti
L28 S66'34'48'W 295.82'
L29 53415'58"W 374.92'
130 S89'57'17"W 158.59'
L32 N3128'28"E 381.41'
L33 N33'43'28'E 342.18'
L34 N35'43'28 E 38.44'
135 N3415'51"E 305.06'
L36 N5416'32"W 4.00'
L37 N35 43'28"E 955.65'
L38 N0513'28"E 219.57' m
L39 N1713'28"E 119.37' m
01
Y
Pa
CMCFN nrcirm .e. c1117,4/FV 1Nr 1171 UARI(FT CT Nn 4A ENTIIRA. CA 93003 (8051 654-6977 c
49
Ordinance No. 299
Page 47
EXHIBIT "B"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Moorpark 150, LLC
21900 Burbank Blvd. , Suite 114
Woodland Hills, CA 91367
Attn: Ed Pickett
50
Ordinance No. 299
Page 48
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Ordinance No. 299 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the
21st day of January, 2004, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Millhouse, Parvin, and Mayor
Hunter
NOES: Councilmember Mikos
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 2nd day of
June, 2004 .
Deborah S. Traffenstedt', City Clerk
(seal)
rta
F ,‘TA
ti
51
RESOLUTION NO. PC-2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
APPROVAL OF AN ORDINANCE AMENDING THE
DEVELOPMENT AGREEMENT FOR THE VISTAS AT
MOORPARK PROJECT, VESTING TENTATIVE TRACT MAP
NO. 5130, AND RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 2014-01, BY EXTENDING THE TERM OF THE
DEVELOPMENT AGREEMENT FOR 110 HOMES ON
APPROXIMATELY 72 ACRES LOCATED EAST OF WALNUT
CANYON ROAD, WEST OF SPRING ROAD, AND NORTH OF
WICKS ROAD AND FINDING THAT THE PREVIOUSLY
ADOPTED MITIGATED NEGATIVE DECLARATION AND
ADDENDUM ARE APPLICABLE
WHEREAS, on January 21, 2004, the City Council adopted Ordinance No. 299, a
Development Agreement between the City of Moorpark and Moorpark 150, LLC
(SunCal Companies), for the Vistas at Moorpark project, a 110-home project on
approximately 72 acres east of Walnut Canyon Road, west of Spring Road, and north of
Wicks Road. The approvals for this project also included a General Plan Amendment,
Zone Change, Vesting Tentative Tract Map No. 5130, and Residential Planned
Development Permit No. 1998-02; and
WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes
procedures for the amendment of a Development Agreement; and
WHEREAS, On June 15, 2016, the City Council adopted Resolution No. 2016-
3519, directing the Planning Commission to study, hold a public hearing, and provide a
recommendation on an amendment to the term of the Development Agreement for the
Vistas at Moorpark project to ensure that it remains in effect through the entire
construction of the project; and
WHEREAS, at duly noticed public hearing on August 23, 2016, the Planning
Commission considered an Ordinance to amend the Development Agreement for the
Vistas at Moorpark project, Vesting Tentative Tract Map No. 5130 and Residential
Planned Development Permit No. 2014-01, by extending the term of the agreement;
and
WHEREAS, at its meeting of August 23, 2016, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and discussed and reached a
decision on this matter; and
PC ATTACHMENT 2
52
Resolution No. PC-2016-
Page 2
WHEREAS, a Mitigated Negative Declaration was prepared for the Vistas at
Moorpark project and adopted by the City Council on December 17, 2003, and an
Addendum to the Mitigated Negative Declaration was prepared for an updated project
and was adopted by the City Council on March 18, 2015. The Community Development
Director has found that the extension of the term of the Development Agreement would
not affect the findings in the Mitigated Negative Declaration or its Addendum in that it
would not change the physical characteristics of the project and these documents
continue to remain applicable to the project. No further environmental documentation is
needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission
concurs with the determination of the Community Development Director that the
extension of the term of the Development Agreement would not affect the findings in the
Mitigated Negative Declaration or its Addendum in that it would not change the physical
characteristics of the project and these documents continue to remain applicable to the
project. No further environmental documentation is needed.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of an Ordinance to amend
Section 19 of the Development Agreement between to the City of Moorpark and
Moorpark 150, LLC, adopted by Ordinance No. 299, to read as follows:
"19. Term. This Agreement shall remain in full force and effect
commencing on its operative date until December 31, 2040, or until
the close of sale of the last Affordable Housing Unit, whichever
occurs last, unless said term is amended or the Agreement is sooner
terminated as otherwise provided herein."
53
Resolution No. PC-2016-
Page 3
SECTION 3. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this day of August, 2016.
Mark Di Cecco, Chair
David A. Bobardt, Community Development Director
54
ITEM: 8.B.
MOORPARK,CALIFORNIA
Planning Commission
of S__2�-2(�
ACTION: IP a ill( if a/1 ww gas I'M,
Adpi-;rrl 'ung-, Nn. P'-2r it, - 611
BY: 4. 6111 Qu .
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
DATE: August 9, 2016 (PC Meeting of 8/23/2016)
SUBJECT: Consider Resolution Recommending Approval of Zoning Ordinance
Amendment No. 2016-01, an Amendment to Section 17.24.020 (Open
Space, Agriculture, and Residential Zone Development
Requirements) of Chapter 17.24 (Development Requirements) of Title
17 (Zoning) of the Moorpark Municipal Code to Address Lot Size
Standards for Affordable Housing and Determining that this Action is
Exempt from the California Environmental Quality Act
BACKGROUND/DISCUSSION
On June 17, 2009, the City Council adopted Resolution No. 2009-2828, amending the
Land Use Element of the General Plan to allow for density bonuses up to 100% to
provide for affordable housing for lower income households. Ordinance No. 376 was
introduced on this date and adopted on July 1, 2009 to provide implementing language
in the density bonus section of the Zoning Ordinance. A 75% density bonus would be
allowed when 60% of the homes are affordable to lower income households, and a
100% density bonus would be allowed when 100% of the homes are affordable to lower
income households, all implemented through a housing agreement with the City to
guarantee the affordability.
Lower income households in the City's affordable housing program include very low
income households (annual household income not exceeding 50% of County median
household income), and low income households (annual household income between
50% and 80% of County median household income). The current median annual
household income for Ventura County is $89,300.00, varying up or down depending on
household size. A 4-person household annual income of below $46,700.00 would be
considered very low income, and a 4-person household annual income of between
$46,701.00 and $74,700.00 would be considered low income.
55
Honorable Planning Commission
August 23, 2016
Page 2
One provision which was not included in Ordinance No. 376 was a reduction in required
minimum lot sizes in Chapter 17.24 of the Zoning Ordinance to correspond to the
density bonuses, effectively limiting density bonuses for infill development to primarily
multi-family or rental housing. A 50% reduction in lot sizes in certain residential zones,
Single Family Estate (R-0), Rural Exclusive (R-E), and Single-Family Residential (R-1),
would increase the opportunities for affordable owner-occupied housing to be created.
Minimum lot sizes in these zones, currently 20,000 square feet in the R-O zone, 10,000
square feet in the R-E zone, and 6,225 square feet in the R-1 zone, are proposed to be
reduced to 10,000 square feet, 5,000 square feet, and 3,112.5 square feet respectively,
where the houses developed on these lots are sold to and maintained by qualified lower
income residents through an affordable housing agreement with the City. This would
increase the flexibility of the density bonus provisions in providing affordable housing by
adding owner-occupied housing as an option for infill development where the minimum
lot size standards could not otherwise be met.
The City's current very low income (below 50% of median income) and low income (50-
80% of median income) affordable housing provisions for owner-occupied housing
require the buyer to demonstrate to the City a qualified (very low or low) income at the
time of purchase, that the house be sold to the buyer at a price where the housing costs
are affordable for the designated income category, and that future resale be restricted to
households in the same income category. These provisions extend indefinitely for the
affordable housing unit.
One area where such a reduced lot size could apply is the residential area along Walnut
Canyon Road. These lots, averaging around 11,000 square feet, are in the R-E zone
and have a 10,000 square foot minimum lot size. Several of these lots had been
developed with second units before this zoning was established. The successor agency
owns a number of these lots and is working with the developer of Vesting Tentative
Tract No. 5130 on creating affordable housing on some of these lots. A reduction in this
zone to a minimum 5,000 square foot lot could help in the creation of affordable owner-
occupied housing. On June 15, 2016, the City Council adopted Resolution No. 2016-
3520, initiating a Zoning Ordinance Amendment to address this issue, and seeking a
recommendation from the Planning Commission on this matter. Proposed text changes
are shown in legislative format and are in the "Notes" section of Table 17.24.020, at the
end of the attached draft resolution. The City Attorney's Office has reviewed and
approved these text changes as to form.
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of California Code of Regulations (CEQA
Guidelines), in that there would not be a physical change to any existing land uses in
Moorpark as a result of this ordinance. It allows for ownership opportunities of housing
developed to meet the City's affordable housing needs under the existing density bonus
provisions. No further environmental documentation is required.
S:\Community Development\DEV PMTS\Z 0 A\2016\2016-01 Reduced Lot Sizes for Affordable Housing\20160823 PC Rpt.docx
56
Honorable Planning Commission
August 23, 2016
Page 3
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on August 13, 2016.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2016-
ATTACHMENT:
C-2016-ATTACHMENT:
1. Draft PC Resolution
S:\Coneeunity Development\DEV PMTS\Z 0 A\2016\2016-01 Reduced Lot Sizes for Affordable Housing\20160823 PC Rpt.docx
57
RESOLUTION NO. PC-2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING
ORDINANCE AMENDMENT NO. 2016-01, AN AMENDMENT TO
SECTION 17.24.020 (OPEN SPACE, AGRICULTURE, AND
RESIDENTIAL ZONE DEVELOPMENT REQUIREMENTS) OF CHAPTER
17.24 (DEVELOPMENT REQUIREMENTS) OF TITLE 17 (ZONING) OF
THE MOORPARK MUNICIPAL CODE TO ADDRESS LOT SIZE
STANDARDS FOR AFFORDABLE HOUSING AND DETERMINING
THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, On June 15, 2016, the City Council adopted Resolution No. 2016-
3520, directing the Planning Commission to study, hold a public hearing, and provide a
recommendation on a Zoning Ordinance Amendment that would amend Section
17.24.020 (Open Space, Agriculture, and Residential Zone Development Requirements)
of Chapter 17.24 (Development Requirements) of Title 17 (Zoning) of the Moorpark
Municipal Code to Address Lot Size Standards for Affordable Housing; and
WHEREAS, at duly noticed public hearing on August 23, 2016, the Planning
Commission considered Zoning Ordinance Amendment No. 2016-01, an amendment to
Section 17.24.020 (Open Space, Agriculture, and Residential Zone Development
Requirements) of Chapter 17.24 (Development Requirements) of Title 17 (Zoning) of
the Moorpark Municipal Code to Address Lot Size Standards for Affordable Housing;
and
WHEREAS, at its meeting of August 23, 2016, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and discussed and reached a
decision on this matter; and
WHEREAS, the Community Development Director has determined that this
project would qualify for a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines), in that there would not be a physical
change to any existing land uses in Moorpark as a result of this ordinance.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission
concurs with the determination of the Community Development Director that this project
would qualify for a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines), in that there would not be a physical
change to any existing land uses in Moorpark as a result of this ordinance. Based on its
independent analysis and judgment of the Planning Commission, it can be seen with
PC ATTACHMENT 1
58
Resolution No. PC-2016-
Page 2
certainty that there is no possibility that the Zoning Ordinance Amendment No. 2016-01
may have a significant impact on the physical environment. No further environmental
documentation is required.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Zoning Ordinance
Amendment No. 2016-01 as shown in Exhibit A, attached.
SECTION 3. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this day of August, 2016.
Mark Di Cecco, Chair
David A. Bobardt, Community Development Director
Exhibit A— Zoning Ordinance Amendment No. 2016-01
59
Resolution No. PC-2016-
Page 3
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2016-01
AMENDMENT TO SECTION 17.24.020 (OPEN SPACE, AGRICULTURE, AND
RESIDENTIAL ZONE DEVELOPMENT REQUIREMENTS) OF CHAPTER 17.24
(DEVELOPMENT REQUIREMENTS) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
Note No. 1 to Table 17.24.020 in Section 17.24.020 is amended as follows:
17.24.020 Open space, agriculture and residential zone development
requirements.
Table 17.24.020 indicates the minimum development requirements for buildings
and accessory structures in the open space, agricultural and residential zones with
respect to lot area, setback, height and building coverage unless indicated otherwise.
Maximum density and minimum lot dimensions (A through D) only apply to the creation
of new lots by subdivision or the amendment of existing lots by lot line adjustment and
do not otherwise restrict the use of the lot. Lot areas and dimensions (B through D) do
not apply to lots created for public or public utility uses. All setbacks shall be landscaped
except for required walkways and driveways. No parking shall be permitted in any
setback area except when on a driveway or as allowed by Chapter 17.32 (Parking,
Access and Landscaping Requirements). Additional development requirements are
given in the sections following Table 17.24.020. Development in any of the zones shall
follow the requirements of this title including but not limited to parking, lighting,
landscaping, signing, operation and entitlement. All construction must be performed
within the hours allowed by Chapters 15.26 and 17.53.
Table 17.24.020
DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES
General O-S A-E RA R-0 R-E R-1 R-2 SP, RPD,
Requirements TPD
A. Density—Maximum 1 1 1.0 2.0 4.0 7.0 15.0 By permit
dwelling units per du/10 du/40
gross acre' acres acres
B. Net lot area (in 10 40 1 acre 20,000 10,000 6,225 6,500 By permit
square feet unless acres acres
noted)'
C. 1. Lot width (in feet) 110 110 100 80 80 60 60 By permit
C. 2. Cul-de-sac or 30 30 30 30 30 30 30 By permit
odd-shaped lot
width (in feet)
C. 3. Flag lot"pole" 20 20 20 20 20 20 20 By permit
front setback (in
feet)
60
Resolution No. PC-2016-
Page 4
D. Lot depth (in feet) 150 150 100 100 100 100 100 By permit
E. Front yard and 20 20 20 20 20 20 20 By permit
setback, (in feet)2
F. Side yard setback, 10 10 5 5 5 5 5 By permit
interior side (in
feet)3
G. Side yard setback, 10 10 10 10 10 10 10 By permit
street side (in feet)3
H. Rear yard setback 15 15 15 15 15 15 15 By permit
(in feet)3
I. Lot coverage, 20 10 35 35 35 50 50 By permit
maximum (in
percentage)
J. Building and 35, with no limitation as to the number of stories so long as the By permit
structure height, height is not exceeded
maximum (in feet)
K. Parking shall meet the requirements of Chapter 17.32
L. Signage shall meet the requirements of Chapter 17.40
M. Lighting shall meet the requirements of Chapter 17.30
Notes:
1. Zone suffix may establish different minimum lot area. Required net lot areas in the R-O, R-E, and
R-1 zones are reduced by 50% when lots provide housing guaranteed to be affordable to very low
or lower income households or to senior citizens through the execution of a Housing Agreement
between the developer and City in accordance with the provisions of Chapter 17.64 of this title.
2. See Section 17.24.025(D)(6)for exception.
3. Two (2) story residences with windows facing the adjacent property shall have a minimum ten
(10) foot side yard setback (second (2nd) story only) and a twenty (20) foot rear yard setback
(second (2nd) story only)from the adjacent property line.
-END-
61
MOORPARK,CALIFORNIA ITEM 10.A.
Planning Commission
of 6- 2 2()1t
ACTION: ApprOVPri
MINl1TFS OF THE JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
BY: C ., ,41'll.a LMt,ft
Moorpark, California April 27, 2016
A Special Joint Meeting of the Moorpark City Council and Planning Commission was
held on April 27, 2016, at 8:15 p.m. at the Moorpark Community Center located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the City Council to order at 8:25 p.m.
Chair Di Cecco called the Planning Commission to order at 8:25 p.m.
2. THE PLEDGE OF ALLEGIANCE:
Mayor Parvin led the Pledge of Allegiance.
3. ROLL CALL:
Planning Commission: Commissioners Aquino, Hamous, Landis and
Chair Di Cecco.
Absent: Commissioner Groff.
City Council: Councilmembers Mikos, Millhouse, Pollock,
Van Dam, and Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Deborah
Traffenstedt, Assistant City Manager; David
Bobardt, Community Development Director
Clerk; Sean Corrigan, City Engineer/Public
Works Director; and Maureen Benson, City
Clerk.
4. PUBLIC COMMENT:
None.
5. PRESENTATION/ACTION/DISCUSSION:
A. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2015/2016 and 2016/2017. Staff
Recommendation: Direct staff as deemed appropriate.
62
Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 April 27, 2016
Mr. Kueny gave a brief oral report and explained how the goals and
objectives are now evaluated every two years. Recommendations may be
suggested; however, no formal changes will be made this year.
The Council and Commission discussed: 1) County increase in fees for
animal control services and the Council's decision to increase animal
license fees last year; 2) Continuing to look at ways to reduce costs and
make animal control services self-supporting; 3) Updating the Zoning
Code in December 2017; 4) Status of the Community Swimming Pool; 5)
Shortage of staff impeding the update to the General Plan; 6)
Improvements at Moorpark Avenue and High Street; 7) Sustainability
projects have graduated to the Top 10 Priorities list; 8) Status of the
Princeton Avenue widening project; and 9) First draft of Commercial
Demand Study is forthcoming.
Chair Di Cecco commended the short-handed planning staff for all that
they accomplish.
Mayor Parvin thanked the Planning Commission for what they do for the
community as their work is greatly appreciated.
6. ADJOURNMENT:
Mayor Parvin adjourned the City Council meeting and Chair Di Cecco adjourned
the Planning Commission meeting at 8:53 p.m.
Janice S. Parvin, Mayor
Mark Di Cecco, Chair
ATTEST:
Maureen Benson, City Clerk
63
MOORPARK,CALIFORNIA
Planning Commission
of 1.V2Olt, ITEM 1O.B.
ACTION: Approv"
MINUTES OF THE PLANNING COMMISSION
am&
BY: ., .. . _ . . May 24, 2016
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
May 24, 2016, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Di Cecco called the meeting to order at 7:07 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Hamous led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioners Aquino, Groff, Hamous, Vice Chair Landis,
and Chair Di Cecco.
Absent: None.
Staff Present: David Bobardt, Community Development Director; Sean
Corrigan, City Engineer/Public Works Director; Joseph Fiss,
Economic Development and Planning Manager; Freddy
Carrillo, Associate Planner I; and Joyce Figueroa,
Administrative Assistant II.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
None.
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Minutes of the Planning Commission
Moorpark, California Page 2 May 24, 2016
8. PUBLIC HEARINGS: (next Resolution No. PC-2016-608)
A. Consider Resolution Approving Conditional Use Permit No. 2016-01 to
Allow the Operation of an Approximately 2,142 Square-Foot Restaurant
and Approximately 1,000 Square-Foot Outdoor Dining Area with On-Site
Service of Beer, Wine, and Liquor at 6593 Collins Drive, #D-5 and #D-6;
and Making a Determination of Exemption Under CEQA in Connection
Therewith on the Application of Michel M. Bardavid (Continental Garden
Restaurant, Inc.). Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; and 2) Adopt
Resolution No. PC-2016-608 approving Conditional Use Permit No. 2016-
01 with conditions of approval and making a determination of exemption
under CEQA in connection therewith. (Staff: Freddy A. Carrillo)
Commissioner Hamous announced, due to NAI Capital possibly listing the
property in the future to do the leasing, and to avoid a potential conflict of
interest, he would recuse himself and left the dais at 7:09 p.m.
Mr. Carrillo gave the staff report.
A discussion followed among the Commissioners and staff, which focused
on regarding what a type 47 general alcohol license includes.
Chair Di Cecco opened the Public Hearing.
Michel M. Bardavid, Continental Garden Restaurant, Inc., applicant
discussed the project and stated the restaurant would be a nice addition to
the Campus Plaza shopping center.
Gary Mussell, representative for Arroyo Mobile Home Park, expressed
concerns regarding potential early morning and late night deliveries, and
that the restaurant adhere to quiet time at 10:00 p.m.
Tim Saivar, a Moorpark resident, spoke in support of the project.
At the request of Chair Di Cecco, Mr. Bardavid stepped forward to the
lectern and responded to concerns that were raised. Mr. Bardavid stated
that there are no early deliveries or major traffic. Deliveries occur between
9:00 a.m. — 6:00 p.m. Fencing height is enforced by Alcoholic Beverage
Control (ABC) regulations. There are cameras and a video in the
restaurant. He does not foresee any problems
Mr. Bobardt stated that deliveries outside of hours is part of Code
Compliance and Stamp Page 19, Condition 16 indicates that music and
amplified sound can only take place inside the restaurant.
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Minutes of the Planning Commission
Moorpark, California Page 3 May 24, 2016
In response to Chair Di Cecco, Mr. Bobardt stated there were no
additional speaker cards or written cards for this item.
Chair Di Cecco closed the Public Hearing.
A discussion followed among the Commissioners supporting the project.
MOTION: Vice Chair Landis moved and Commissioner Aquino seconded a
motion to approve staff recommendation, including the adoption of Resolution
No. PC-2016-608. The motion carried by voice vote 4-0, Commissioner Hamous
absent.
The Planning Commission has final approval authority for this project.
Commissioner Hamous returned to the dais at 7:31 p.m.
B. Consider Resolution Recommending to the City Council Approval of
General Plan Amendment No. 2015-01 and Zone Change No. 2015-02, A
Request to Change the General Plan Land Use Designation from
Freeway/Right of Way to Light Industrial (I-1) and the Zoning Designation
from RE-1 ac (Rural Exclusive, 1 acre minimum lot size) to Industrial Park
(M-1) to Create Land Use Designation Consistency for Specific Parcels
Located on a 36-acre Site on the West Side of Princeton Avenue, South of
State Highway 118, on the Application of Sunbelt Enterprises, LLC, and
Finding of Exemption from Environmental Review under CEQA in
Connection Therewith. Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public hearing; and 2)
Adopt Resolution No. PC-2016-609 recommending to the City Council
approval General Plan Amendment No. 2015-01, Zone Change No. 2015-
02, subject to a Deed Restriction Requiring a Specific Plan and
Development Agreement for the undeveloped hilltop property and
contribution of an initial deposit of $20,000.00 toward the preparation of
the Specific Plan. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among the Commissioners and staff, which focused
on whether the five medical office buildings fall under the M1 zoning, and
parking requirements.
Mr. Bobardt clarified that the applicant started with a Pre-Application and
would like to sell off the property and sell each building individually. In
order to do that zoning needs to be consistent with the General Plan. The
action of the Commission is to consider and make recommendation on
three parcels considering the General Plan Amendment and Zone
Change.
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Minutes of the Planning Commission
Moorpark, California Page 4 May 24, 2016
Chair Di Cecco opened the Public Hearing.
Thomas Cohen, Cohen Begun & Deck, LLP, representative for Sunbelt
Enterprises, LLC, discussed the project and stated he is available to
answer any questions.
In response to Chair Di Cecco, Mr. Bobardt stated there were no
additional speaker cards or written cards for this item.
Chair Di Cecco closed the Public Hearing
A discussion followed among the Commissioners supporting the project.
MOTION: Commissioner Groff moved and Commissioner Hamous seconded a
motion to approve staff recommendation, including the adoption of Resolution
No. PC-2016-609. The motion carried by unanimous voice vote.
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
A. Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for FY 2015/16 — FY 2021/22. Staff
Recommendation: 1) Find the draft Seven Year Capital Improvement
Program for the Department of Public Works for FY 2015/16 - FY 2021/22
to be in conformity with the Moorpark General Plan, except as noted
above; and 2) Find the planned acquisition of street right-of-way for certain
specified projects described in this report, to be in conformity with the
Moorpark General Plan. (Staff: Sean Corrigan)
Mr. Corrigan gave the staff report and corrected Item A.2. on stamped
page 41 of the agenda report to correct CIP Project from 113 to 123.
There were no speakers.
A discussion followed among the Commissioners and staff, which focused
on the status of the Princeton Avenue project and relocation of the
Metrolink south parking lot entry to First Street.
MOTION: Commissioner Aquino moved and Commissioner Hamous seconded a
motion to find the program to be in conformity with the Moorpark General Plan,
except as noted; and to find the planned acquisition of street right-of-way for
certain specified projects described to be in conformity with the Moorpark
General Plan. The motion carried by unanimous voice vote.
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Minutes of the Planning Commission
Moorpark, California Page 5 May 24, 2016
10. CONSENT CALENDAR:
MOTION: Vice Chair Landis moved and Commissioner Aquino seconded a motion to
approve the Consent Calendar. The motion carried by unanimous voice vote.
A. Consider Approval of the Regular Meeting Minutes of February 23, 2016.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Vice Chair Landis moved and Commissioner Groff seconded a motion to
adjourn the meeting. The motion carried by voice unanimous voice vote. The time was
8:00 p.m.
Mark Di Cecco, Chair
David A. Bobardt, Community Development Director
68
ITEM: 10.C.
MOORPARK,CALIFORNIA
Planning Commission
of 3 �
ACTION: i4p pv'ved
BY: 9- t ,l,uvina
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director `
DATE: August 17, 2016 (PC Meeting of 8/23/2016)
SUBJECT: Consider Finding of General Plan Consistency for the Purchase of
Property at 488 McFadden Avenue by the City of Moorpark for Public
Purposes
BACKGROUND/DISCUSSION
Recently, the property developed with a single-family home at 488 McFadden Avenue
was placed on the market. A portion of the front yard of this property is expected to be
needed by the City for a future realignment of Poindexter Avenue and First Street to
eliminate an offset of these two streets at their intersections with Moorpark Avenue. On
July 20, 2016, the City Council authorized the acquisition of this property for this
purpose. The property will be leased for residential use until the street dedication is
completed, at which time it is expected that the property would be most likely be sold for
continued residential use. Section 65402 of the Government Code requires the
Planning Commission to make a report as to General Plan conformity prior to the
acquisition of real property for public purposes.
The 8,696 square-foot property is designated for medium density residential uses (4
units per acre) by the General Plan Land Use Element and is zoned R-1. Its current use
and proposed future use are consistent with this designation. The future realignment of
the Poindexter/Moorpark/First intersections would help achieve Goal 1 of the General
Plan Circulation Element, that calls for a transportation system that supports the land
use plan in the General Plan and provides for the safe and efficient movement of
people, goods, and services, and Policy 1.1, that promotes the improvement of sub-
standard roadway intersections.
STAFF RECOMMENDATION
Find the acquisition of the property at 488 McFadden Avenue in conformity with the
General Plan and direct staff to report this finding to the City Council.
ATTACHMENT:
1. Location Map
\\DC1\Department Share\Community Development\PLANNING COMMISSION\General Plan Consistency Reports\20160823 488 McFadden GP Consistency PC Rpt.docx
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