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HomeMy WebLinkAboutAG RPTS 2017 0822 PC REG ADJ F° /ilZ Resolution No. PC-2017-620 01111� ''�fir PLANNING COMMISSION MEETING 0WADJOURNED ALL ITEMS 0TO 4;., TUESDAY, AUGUST 22, 2017 PLANNING COMMISSION REGULAR MEETING AGENDA JULY 25, 2017 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-2017-620) A. Consider Resolution Recommending to the City Council Approval of General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01, Vesting Tentative Tract Map No. 5882, Development Agreement No. 2016- 01, and Adoption of a Mitigated Negative Declaration under CEQA, for a Residential Development Project Consisting of 153 Single-Family Homes and 131 Detached Condominiums on 38.73 acres on the South side of Los Angeles Avenue, West of Leta Yancy Road, on the application of Pacific Communities Builder, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2017- . (Staff: Joseph Fiss) 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. Adjourned Regular Planning Commission Meeting Agenda July 25, 2017 to August 22, 2017 Page 2 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of June 27, 2017. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of July 25, 2017. Staff Recommendation: Approve the minutes. 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). Adjourned Regular Planning Commission Meeting Agenda July 25, 2017 to August 22, 2017 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING 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 Adjourned Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, August 22, 2017, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 18, 2017, 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 18, 2017. Jo ceIR. Figueroa,4dministrative Assistant II ITEM: 8A MOORPARK,CALIFORNIA Planning Commission of August 22, 2017 ACTIO prowri Sinff. Rvr'nnimo Ma iUn , °d► I i t' :v i 11.11 V a i laa MOORPARK PLANNING COM - =- I'"" &1. " ' '`'' ' ` + AGENDA REPORT ' =1 1'- i � ' TO: Honorable Planning Commission C-1 FROM: Joseph Fiss, Economic Development and Planning Manager DATE: August 16, 2017 (PC Meeting of 8/22/2017) SUBJECT: Consider Resolution Recommending to the City Council Approval of General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01, Vesting Tentative Tract Map No. 5882, Development Agreement No. 2016-01, and Adoption of a Mitigated Negative Declaration under CEQA, for a Residential Development Project Consisting of 153 Single-Family Homes and 131 Detached Condominiums on 38.73 acres on the South side of Los Angeles Avenue, West of Leta Yancy Road, on the application of Pacific Communities Builder, Inc. BACKGROUND In 1999 and 2000, the City Council approved two subdivisions on the subject property for a combined total of 284 small-lot single-family detached homes. The project included City Council approval of General Plan Amendments, Zone Changes, Tentative Tract Maps, Planned Development Permits, and a Development Agreement. Grading had begun on the site shortly after project approval, but was halted due to floodplain issues that arose from a new flood study being prepared by FEMA. The project did not proceed further until floodplain issues were resolved and the recent economic downturn ended. On April 15, 2016 Pacific Communities Builder, Inc. filed applications to revise the project to address floodplain issues and provide an updated design with 153 small-lot single-family homes and 130 detached condominium homes (later revised to 131 detached condominium homes), for a total of 284 homes on the project site. The site is almost identical as the previously approved project site, except that 1.6 acres adjacent to the service station on Los Angeles Avenue have been added to the site, and 1.6 acres along Leta Yancy Road that were in the previous project will be set aside from this development project for an affordable housing project. With these changes, and because more of the site will be included in the Arroyo Simi floodway, the applicant is requesting changes in the General Plan land use designations 1 Honorable Planning Commission August 22, 2017 Page 2 on the site from General Commercial (C-2), High and Very High Density Residential (H and VH) to Very High Residential Density (VH) and Floodway. The applicant also proposes changes in Zoning on the site from Commercial Planned Development (CPD) and Residential Planned Development (RPD-7U & RPD-7.5U) to Residential Planned Development (RPD-9U and RPD-20U) and Open Space (OS). A new Tentative Tract Map is requested to address the re-platting of the site and a new Residential Planned Development Permit is requested for the architectural design and site planning proposed for the revised project The project also involves a request for an updated Development Agreement with the City. On June 16, 1999, the Moorpark City Council adopted Ordinance No. 257 (effective July 16, 1999), approving a Development Agreement between the City of Moorpark and the developer of this site. That agreement remains in full force and effect for twenty (20) years from the operative date of the agreement (until January 15, 2019), or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last. With the revisions to the project, the Development Agreement was updated with current fees and terms for the revised project. A City Council Ad-Hoc Committee (Mayor Parvin and Councilmember Simons) negotiated this draft updated development agreement for this project. This Development Agreement includes the sale of 1.64 acres of the project site adjacent to Leta Yancy Road to the City for future development of affordable housing. DISCUSSION Project Setting Existing Site Conditions: The site currently consists of 6 lots located on the South side of Los Angeles Avenue, west of Leta Yancy Road. The site is generally flat and undeveloped but has been disturbed from previous use as a poultry processing facility and rough grading permitted under a previous entitlement. Weeds and shrubs cover the entire site. There are no trees on the project site. The property is surrounded by a chain link construction fence, with the exception of a block wall built by the developer on the western boundary. The site was historically used for poultry processing, however, this use ceased many years ago. Approximately 3.39 acres of the proposed project site are within the Arroyo Simi. Previous Applications: On June 16, 1999 the City Council adopted Resolution No. 99-1620 approving General Amendment No. 96-1 approving a change in the land use designation of the General Plan from High (H) Density Residential (7 DU/acre), and Very High (VH) (15DU/acre), to High Density Residential (H); Additionally, the City Council adopted Ordinance No. 256, approving Zone Change No.96-2 changing the zoning designation of the site from Residential Planned Development 13 and 5.3 units per acre (RPD-13U and RPD-5.3U) to Residential Planned Development 7 units per acre (RPD-7U). 2 Honorable Planning Commission August 22, 2017 Page 3 At that same meeting, the City Council adopted Resolution No. 99-1621 approving Vesting Tentative Tract Map No. 5053 for 247 residential lots, and Residential Planned Development Permit No. 96-1 for 247 small lot single family residential units. In addition on that date, the Moorpark City Council adopted Ordinance No. 257 (effective July 16, 1999), approving a Development Agreement between the City of Moorpark (City) and MP Group, LLC (Developer). The agreement was approved in connection with the Pacific Communities project, a thirty five (35) acre, 247-unit, detached single-family residential project located on the south side of Los Angeles Avenue west of Leta Yancy Road. The agreement remains in full force and effect for twenty (20) years from the operative date of the agreement (until January 15, 2019), or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last. On October 18, 2000, the City Council adopted Resolution Nos. 2000-1782 and 2000- 1783 approving a General Plan Amendment to change the planned land use of 4.8 acres contiguous to Vesting Tentative Tract Map No. 5053 from General Commercial (C-2 to Very High Density Residential (VH) and Open Space 2 (OS-2), Vesting Tentative Tract Map No. 5204 for 37 residential lots, and Residential Planned Development Permit No. 99-4 for 37 homes. Second reading and adoption of a Zone Change on the property from Commercial Planned Development (CPD) to Residential Planned Development 7.5 Units per Acre (RPD 7.5U) and Open Space (OS) took place on November 1, 2000. This brought the total unit count for the project to 284. On February 17, 2010, the City Council approved a General Plan Amendment Pre- Screening application for the development of 457 homes on this property. The developer abandoned this particular proposal and the Pre-Screening authorization expired. On April 15, 2016, the developer submitted an application for a new development proposal, Vesting Tentative Tract Map No. 5882, consisting of 153 single-family detached homes and 130 (now 131) detached condominium units for a total of 283 (now 284) homes on this property, at a similar overall density to what was originally approved in 1999 and 2000. The developer has also requested an updated development agreement to address this revised project. Pacific Communities has purchased 1.64 acres at 776 Los Angeles Avenue, adjacent to the original project, just west of the service station on the southwest corner of Los Angeles Avenue and Leta Yancy Road. The General Plan and Zoning calls for commercial use of this property, and an office building was previously entitled on this site but was never built. The applicant is proposing to incorporate this land into the project. Residential use of this property would require a General Plan Amendment and Zone Change. The current Pacific Communities development proposal would involve an conveyance of a separate 1.64 acres of land adjacent to Leta Yancy Road to the City for future development of affordable housing, keeping the project site the same size as the previously approved project. 3 Honorable Planning Commission August 22, 2017 Page 4 GENERAL PLAN/ZONING/LAND USE Direction General Plan Zoning Existing Land Use General Commercial (C- Commercial Planned 2) Very High and High Development (CPD) and Site Density Residential (VH Residential Planned Vacant/Unimproved & H) Development (RPD 7 & RPD7.5)............._.................._................._........................_. _. _. Medium Industrial (1-2), Light Industrial (M-2), Los Angeles Avenue, g ( ) Industrial Park (M-1), Industrial Park, Moorpark Light Industrial (1-1), Single-Family Residential North Medium Density 8,000 Sq. Ft. (R-1-8), Estates Residential Residential (M), and Commercial Office (CO) Neighborhood, Vacant General Commercial Commercial Planned Property, Mission Bell (C-2) Development (CPDDPlaza Shopping Center South Floodway Open Space (OS) Arroyo Simi General Commercial (C- , Commercial Planned Service Station, Leta East 2) and High Density Development (CPD) and Yancy Road, Villa Residential (H) Residential Planned Campesina Residential _Devel pment.(RPD_7U)_...__.....___....._.__Neighborhood Rural Exclusive (R-E), Rural West Medium Low Density Exclusive 20,000 Sq. Ft. Large Lot Single Family Residential (ML) (RE-20), and Single-Family Homes Estate (R-O) General Plan and Zoning Consistency: The applicant is concurrently requesting both a General Plan Amendment and Zone Change for this project. The current General Plan designations of the site are General Commercial (C-2) and Very High and High Density Residential (VH & H). The current Zoning designations of the site are Commercial Planned Development (CPD) and Residential Planned Development (RPD-7U & RPD-7.5U). The applicant is proposing to change the General Plan designation for the residential portion of the project to all Very High Residential Density (VH), and the portion within the Arroyo Simi to Floodway. The proposal would result in a net density of approximately 8.8 dwelling units per acre for the site on the residential portion of the project. The requested zoning designation of RPD-9U for the residential portion of the project would accommodate the proposed density. The remaining 3.39 acres within the Arroyo Simi would be rezoned to Open Space (OS), to be consistent with the General Plan designation. Exhibits A and B of the attached draft resolution (Attachment 5) show maps of the existing and proposed General Plan and Zoning Designations. The General Plan designation of Very High Residential Density (VH) allows a maximum density of 15 dwelling units per acre (20 dwelling units per acre with affordable housing). The draft Development Agreement includes a provision for the developer to provide 25 units of housing affordable to low income households. The agreement also 4 Honorable Planning Commission August 22, 2017 Page 5 provides for the developer to convey 1.6 acres of the project site adjacent to Leta Yancy Road to the City in lieu of providing housing affordable to very low income households. This 1.6-acre property is proposed to be zoned RPD-20U at this time to allow for its future development for affordable housing. The purpose of the Residential Planned Development zone is to provide areas for communities, which will be developed, utilizing modern land planning and unified design techniques. This zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single-family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and 5. A more varied, attractive and energy-efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. Project Summary Vesting Tentative Tract Map No. 5882 and Residential Planned Development Permit No. 2016-01 Proposed Use Parcel No. Size (in Acres) 153 Single Family Homes Lots 1-153 13.21 Clubhouse Lot 154 0.50 131 Detached Condominiums Lots 155-162 11.34 Private Streets Lots I-V 7.11 Private Open Space Lots A-F 3.18 VCWPD (Arroyo) Future Dedication Lots G & H 3.39 Parcel to be Conveyed to City Not a Part 1.64 Street Dedication Leta Yancy Road 0.16 Total 40.53 Proposed Project Design/Setbacks/Amenities The 284-unit project consists of two neighborhoods, one, "Verbena", consisting of 131 detached condominium units on 8 lots on the east side of the site and one, "Fuchsia", consisting of 153 single family detached units on individual lots on the west side of the site. Both neighborhoods will be in the same homeowner's association and would share 5 Honorable Planning Commission August 22, 2017 Page 6 the recreation areas. The applicant is proposing ten different floor plans ranging from 1,433 to 2,788 square feet. Each unit includes a two-car garage. The Verbena units will not have private driveways for vehicle parking, but each unit will have a designated parking space to the side of the garage where an additional vehicle can be parked. In addition street parking is provided throughout both developments on the private streets. "Verbena" Detached Condominiums Plan Size Stories Bedrooms Baths Number Percent (Square Feet) (131 Total) Mix *Plan 1 1,433 2 3 /4 2.5 25 19% Plan 2 1,767 2 3 2.5 49 37% Plan 3 1,984 3 2 / 3 3.5 38 29% Plan 4 2,255 2 4 3 19 15% * These will all be the low income affordable units "Fuchsia" Small Lot Single Family Homes Plan Size Stories Bedrooms Baths Number Percent (Square Feet) (153 Total) Mix Plan 1 1,834 2 3 2.5 15 10% Plan 2 2,071 2 3 2.5 36 24% Plan 3 2,324 2 3 /4 3 13 8% Plan 4 2,492 2 3 /4 / 5 3 23 15% Plan 5 2,539 2 3 /4 3 37 24% Plan 6 2,788 2 4 3.5 29 19% Architecture/Site Planning: As mentioned above, the "Fuchsia" Small Lot Single Family Homes are proposed in six plans, and the "Verbena" Detached Condominiums are proposed in 4 plans. Three distinctive architecture style enhancements are proposed for each product, being "Spanish Colonial", "Craftsman", and "Tuscan. The architecture is of good quality and is compatible in design with similar recent developments, such as Canterbury Lane, Ivy Lane, and Living Smart. The architectural enhancements include such features as window reveals, shutters, awnings, and stone veneer. Plan 3 within the "Verbena" neighborhood is proposed to be 3 stories in height. This type of product is becoming more common in small lot and higher density development and allows a more interesting streetscape and greater flexibility in floor plan design. In order to ensure adequate variety and to minimize redundancy which is often reflected in tract development, staff has included a special condition of approval to require 6 Honorable Planning Commission August 22, 2017 Page 7 architectural variety. The special condition requires that side by side houses of the same floor plan must use different architectural styles and color palettes, subject to review and approval of the Community Development Director. Final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style. Since the lots are more compact and front yard setbacks are reduced, a condition is recommended to require, painted and decorative sectional roll up garage doors, including garage window glazing, compatible with the architectural style of each home including the affordable residences. Finally, a condition is required that the applicant use durable materials for trim on the ground floor levels of the homes, such as wood window trim, or 1/4" minimum cementous stucco coat over foam. In both the Fuchsia and Verbena neighborhoods, individual homeowners will be responsible for maintenance of the exterior of the units, which the homeowners association will enforce. Final plotting of the homes will be subject to review and approval of the Community Development Director. Setbacks in the RPD Zone are determined by the approved plotting and/or conditions of approval. Although this is both a condominium and small lot development project, it has been designed to impart the sense of a compact, single-family neighborhood compatible with surrounding neighborhoods. Minimum setbacks are included for each neighborhood in the conditions of approval, Exhibit C in the attached resolution. Each unit is proposed with a small front yard. The front yards of the "Fuchsia" product (single family) are proposed to be maintained by the individual homeowners. In small lot planned communities such as this, staff has found that front yard maintenance is better handled by the Homeowner's Association. This provides consistent maintenance at a small cost to the homeowner and reduces property maintenance violations. Staff has added a condition to this effect. A minimum 18-foot long driveway is proposed for each residence with front entry garages. To add visual variety to the streetscape, some units are proposed with side entry garages. Front yard setbacks vary from 8 to 20 feet. Typical 5 foot side yards and 14 foot rear yards are proposed. Each unit will be required to have at least one 5 foot side yard setback without obstructions, such as air conditioning units or fireplaces. A condition of approval is recommended that side yard clearances will not be less than 3 feet, front yards will not be less than 8 feet, and that rear yards will not be less than 12 feet. This is similar to the development standards of the Canterbury Lane and Ivy Lane developments. In recognition of future homeowner's likely desire for patio covers and accessory structures, a condition is recommended that standards for patio covers and trellises be included in the Homeowner's Association Covenants, Conditions, and Restrictions. Two recreation areas are proposed. A large common recreation area, including a multi- purpose room, swimming pool, spa, and play equipment is proposed between the two 7 Honorable Planning Commission August 22, 2017 Page 8 communities. A secondary recreation area is proposed in the southwest corner of the site. This area will include a sand volleyball court and seating. Each recreation area includes a detention basin with an upper and lower area. The upper area of each basin will allow active use during dry periods. The lower areas (detention/water quality areas) will be fenced off for safety. Parking/Circulation: A two-car garage is provided as required for each unit. Driveways for the single family homes are all long enough and wide enough to accommodate 2 additional vehicles. Traditional street parking will also be available on both sides of the private streets within the single family neighborhood. The two-car garages for the detached condominiums will be accessed from a 25-foot wide alley driveway with no parking allowed. An additional uncovered single space per unit will be provided between each unit and visitor parking will be provided on the adjacent private streets. Internal circulation and street design is discussed in detail in the Analysis section below. Traffic: A traffic analysis was prepared with the Environmental Impact Report (EIR) for the previously approved project and addressed traffic impacts and mitigations. The City is currently undertaking a new traffic analysis for Los Angeles Avenue. The developer has granted right-of-way for the Los Angeles Avenue widening and has agreed to fund the signalization of Shasta Avenue and Los Angeles Avenue. To mitigate traffic impacts, the Developer will be required to pay Los Angeles Avenue Area of Contribution fees, and a one-time traffic mitigation fee of $12,500.00 per residential unit. Los Angeles Avenue improvements are discussed in detail in the Analysis section below. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on-site and off-site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Lots E and F will provide for detention and passive filtration. Grading and Drainage: As part of the previous approval, this site was rough graded in 2001. This grading was halted and the development stalled due first to floodplain issues that have since been 8 Honorable Planning Commission August 22, 2017 Page 9 resolved and then to the recent stagnant housing market. Although the same number of units is proposed, since the site planning is different, overall grading and drainage is somewhat different. Under the current plan, 79,723 cubic yards of earth will be cut, and 71,194 cubic yards of earth will be fill. Although there appears to be a surplus of 8,529 cubic yards, these are raw numbers. During the final grading plan, the project will be designed to balance on site, by accounting for soil shrinkage or bulking. A condition of approval has been added requiring that, prior to the issuance of any building permit in the FEMA identified 100-year floodplain A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer. Air Quality: The project is estimated to result in approximately 19.08 pounds of Nitrogen Oxides (NOx) per day and 20.21 pounds per day of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx does not exceed suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been added as part of the project for the developer to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. Noise: Due to the proximity of the project to Los Angeles Avenue, an 8-foot high soundwall will be required along the project frontage. This wall-will be set back from the sidewalk along Los Angeles Avenue with 8 feet of landscaping on two separate lots which will be maintained by a Landscaping Maintenance District that will be required for this project. Noise attenuating windows are also required for the homes adjacent to Los Angeles Avenue, as well as the homes adjacent to the Arroyo Simi, to mitigate potential recreational activity noise from the Arroyo Vista Community Park. These noise attenuating measures are similar to those used on the Ivy Lane and Canterbury Lane projects. Development Agreement: As mentioned above, the applicant has filed for an updated Development Agreement, which would assure the provision of a percentage of affordable dwelling units. Government Code Section 65864 and City of Moorpark Municipal Code Section 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. Vesting of development rights, timing of development, development fees, and provision of affordable housing are addressed 9 Honorable Planning Commission August 22, 2017 Page 10 in the Development Agreement. The terms of the Development Agreement have been negotiated by an Ad-Hoc committee of the City Council consisting of Mayor Parvin and Councilmember Simons. The Planning Commission is a recommending body on the Development Agreement. In general, fees have been updated to current levels, adjusting for inflation, and the affordable housing terms have been updated to reflect the current project, with 25 units to be affordable to low income households, and the 1.64-acre lot along Leta Yancy Road to be conveyed to the City for affordable housing in lieu of providing housing on site affordable to very low income households. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Los Angeles Avenue Improvements • 1.64-Acre Lot to be Conveyed to City • Private Street and Common Driveway Design Los Angeles Avenue Improvements: The property has its main access point at Los Angeles Avenue. This access lines up with Shasta Avenue to allow for signalization, if determined necessary. In addition, the Fire Department has required additional egress to Los Angeles Avenue at the west end of the project site due to the distance of the homes in this area from the main point of entry. This emergency access will be gated and signed to be used for emergency egress only. The City Council has adopted goals for design and acquisition of right-of-way to widen Los Angeles Avenue through the City limits consistent with the Circulation Element of the General Plan. In addition, a traffic study of the Los Angeles Avenue (SR 118) corridor is currently being prepared to determine ultimate location for traffic signals and other improvements to optimize traffic flow and minimize impacts on adjacent residential streets and provide information for use in preparation of an update to the Circulation Element. In anticipation of development of this site, the developer has proactively granted the necessary right of way adjacent to this site and has agreed to pay the City Two Million Dollars ($2,000.000.00) for the recently completed improvements to Los Angeles Avenue along the frontage of the Project. Nonetheless, additional improvements are necessary for appropriate development of this project. Conditions of approval have been added for provision of parkway landscaping, a bus turnout, and a deceleration/acceleration lane for safe right turns into and out of the project. 10 Honorable Planning Commission August 22, 2017 Page 11 Signalization of the intersection at Shasta Avenue continues to be evaluated. Included as mitigation, a term of the development agreement, and a condition of approval on the subdivision, the developer shall provide the installation of necessary signals, if required by the City Council. In addition, the City built temporary drains at this location when widening Los Angeles Avenue. The Developer shall be required to create a storm drainage easement and install permanent drainage improvements to convey storm water from State Highway 118 to the satisfaction of the City Engineer/Public Works Director. Upon completion of that work, the applicant shall abandon those temporary drains to the satisfaction of the City Engineer. A condition of approval to this effect has been added. 1.64-Acre Lot to be Conveyed to City: As mentioned above, Pacific Communities has purchased 1.64 acres at 776 Los Angeles Avenue, adjacent to the original Pacific Communities project. The General Plan and Zoning calls for commercial use of this property, and residential use of this property would require a General Plan Amendment and Zone Change. This property has been sold to the Pacific Communities developer for incorporation into this project. In order to provide a more consistent development project and in lieu of providing seventeen (17) residential units for very low income households, the Development Agreement provides for the conveyance to the City of 1.64 acres of land adjacent to Leta Yancy Road and the Arroyo Simi for this property at no cost to City (except a $1.00 purchase price). Although the new City site may be used for any purposes at City's sole discretion, this parcel is proposed to be zoned RPD-20U and is intended to be used for provision of future additional affordable housing. The City intends to seek a development partner for a future affordable housing development on this site. Private Street and Common Driveway Design: In most circumstances, the City requires private residential streets to comply with the Ventura County Road Standards Manual. The developer has proposed non-standard street intersections for the private streets. The developer has indicated that "L-Legged" intersections provide traffic calming and do not diminish sight distance, while the width of the road remains constant through the turn (36'). There is precedent for this intersection design within the "Living Smart" development of Moorpark Highlands. The T-Intersections and L-legged intersections have been designed to meet or exceed American Association of State Highway Transportation Officials (AASHTO) guidelines for 20 miles per hour (MPH). Although the prima facie speed limit on residential roads is 25 MPH, the project engineer has asserted that, with the short street lengths, frequency of driveways and on-street parking, all providing traffic calming influence, it is unlikely a vehicle could attain 25 MPH within the subdivision. Although the developer or homeowner's association can post the speed limit on private streets for 20 mph, a valid speed survey would be required for this to be enforceable by the Police Department. A condition of approval has been added requiring the 11 Honorable Planning Commission August 22, 2017 Page 12 Developer to provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. One challenge with this type of intersection is that fire trucks cannot safely pass around a turn if parking is permitted on one or both sides of the street. In order to resolve this problem, a condition of approval will be added stating "Specific locations shall be labelled as Fire Lanes per California Vehicle Code Section 22500.1 to the satisfaction of the City Engineer/Public Works Director and Ventura County Fire Protection District." The City Engineer/Public Works Director is willing to approve a design exception to document the project engineer's street design, as the Engineer of Record, on the Vesting Tentative Map proposing non-standard improvements. The project engineer's sight line analysis and reasoning will be used as justification for a design exception from the County's Road Standard to use non-standard L-legged intersections. A special condition is included requiring the Homeowners Association to own and maintain the street lights, to be installed with LED lighting. The final design of the light standards will be subject to review and approval of the Community Development Director and City Engineer/Public Works Director to ensure consistency with future LED street lighting to be used in the City. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: Findings per Government Code Sec. 66473.1 The subdivision design provides for, to the extent feasible, passive or natural heating and cooling opportunities with lots of sufficient size and spacing that include both southern exposure to the future homes and opportunities for landscaping to take advantage of shade and prevailing breezes. Findings per Government Code Sec. 66473.5 The proposed subdivision, together with the provisions for its design and improvement, is compatible with the goals, policies, general land uses, and programs of the City's General Plan as proposed to be amended by General Plan Amendment No. 2016-01, in that the proposed project will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. Findings per Government Code Sec. 66474 A. The proposed map is consistent with the City's General Plan as proposed to be amended by General Plan Amendment No. 2016-01, in that it would allow for the provision of a variety of housing types as well as affordable housing in a design 12 Honorable Planning Commission August 22, 2017 Page 13 that is both compatible in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as proposed to be amended by General Plan Amendment No. 2016-01, in that they will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. C. The site is physically suitable for the type of residential development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The development site, at over 35 acres and relatively flat, is physically suitable for the proposed density of development at 9.0 units per acre, in that all City development standards would be met by the proposed project at this density. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that there currently are no known public access easements on the property, and property along the Arroyo Simi will be offered for dedication for flood control purposes. Findings per Government Code Sec. 66474.6 The project will be connected to the community sewer system operated by the Ventura County Water and Sanitation Division and all sewer waste will be treated at the Moorpark Wastewater Treatment Plant. There will be no discharge of sewer waste from the proposed subdivision in violation of existing water quality control requirements under Water Code Section 13000 et seq. Findings per Government Code Sec. 66478.1 et seq. The proposed subdivision fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements consistent with this Section will be provided per Conditions of Approval. 13 Honorable Planning Commission August 22, 2017 Page 14 The following findings are offered for the Residential Planned Development Permit: A. The site design, including structure locations, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the goals and policies of the City's General Plan and Zoning Ordinance as proposed to be amended by General Plan Amendment No. 2016-01 and Zone Change No. 2016-01, in that the proposed project will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. B. The proposed project, with the adoption of the Mitigated Negative Declaration and incorporation of the mitigation measures in the project to address biology, hazardous materials, hydrology, noise, and traffic issues, would not create negative impacts on or impair the utility of neighboring property or uses, in that the use proposed is similar to surrounding uses, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed project is compatible with existing and permitted land uses in the surrounding area where the development is to be located, in that the general character of development south of Los Angeles Avenue between Moorpark Avenue and Tierra Rejada Road includes residential uses of varying densities, along with small-scale commercial uses. The following findings are offered for the Development Agreement: A. The provisions of the development agreement are consistent with the general plan and any applicable specific plan in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development and the Development Agreement will strengthen the planning process by providing vesting of development rights, addressing timing of development, determining development fees, and providing affordable housing. B. The provisions of the agreement are consistent with Chapter 15.40 of the Moorpark Municipal Code in that the 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. PROCESSING TIME LIMITS General Plan Amendments, Zone Changes, and Development Agreements are legislative acts that are not subject to processing time limits under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5) or the Subdivision Map Act (Government Code Title 7, Division 2). The applicant has elected to process 14 Honorable Planning Commission August 22, 2017 Page 15 the Vesting Tentative Map and Residential Planned Development concurrently with the General Plan Amendment and Zone Change. ENVIRONMENTAL DETERMINATION An Initial Study was prepared to assess the potential significant impacts of this project. Based upon the Initial Study, the Community Development Director has preliminarily determined that, with the incorporation of changes to the project or conditions of approval to mitigate potentially significant impacts with respect to biology, hazardous materials, hydrology, noise, and traffic issues, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and a Proposed Mitigated Negative Declaration has been prepared for Planning Commission review and consideration before making a recommendation on the project. The comment period for the Mitigated Negative Declaration is from July 25 to August 24, 2017. As of the preparation of this staff report, one comment was received from Ventura County Environmental Health Department related to the previous use of the site as an egg ranch and the burial of chickens on the site. This issue has already been addressed in the mitigation measures found in Attachment 4. 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 July 15, 2017. 2. Mailing. The notice of the public hearing was mailed on July 14 and July 21, 2017, 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. Three 32 square foot sign was placed on the Los Angeles Avenue and Leta Yancy street frontages on July 14, 2017. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2017- ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits — Provided under separate cover 4. Initial Study and Mitigated Negative Declaration 5. 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N O i CI 03 Ii a C O en 0S ( r l -L— _ , p-t PC ATTACHMENT 2 17 PROJECT EXHIBITS • Vesting Tentative Map • Site Plan • Conceptual Site Plan • Overall Site Plan • Landscape Concept • Fence and Wall Plan • Single-Family Detached Plans • Detached Condominium Plans • Entry Plans (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER S:\Community Development\DEV PMTS\R P D\2016-01 Pacific Communities\Agenda Reports\Under Separate Cover-Project Exhibits.doc PC ATTACHMENT 3 18 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 494, CITY OF MOORPARK INITIAL STUDY ty, 799 MOORPARK AVENUE MOORPARK, CA 93021 reo 4t) (805) 517-6200 Project Title: Pacific Arroyo Case No.: GPA 2016-01, ZC 2016-01, RPD 2016-01, TTM 5882, DA 2016-01 Contact Person and Phone No.: Corinna Ocampo (949)660-8988 x 172 Name of Applicant: Pacific Communities Builder, Inc. Address and Phone 1000 Dove Street#300 No.: Newport Beach, CA 92660 Project Location: South side of Los Angeles Avenue, west of Leta Yancy Road General Plan General Commercial (C-2) Zoning: Commercial Planned Designation: and High Density Residential Development(CPD) and (H) Residential Planned Development(RPD 7 & RPD 7.5) Project Description: A request for a proposed gated residential development consisting of 153 single-family homes and 131 detached condominiums on 38.73 acres The applicant proposes changes in the General Plan Designations on the site from General Commercial (C-2) and High Density Residential (H) to Very High Residential Density (VH); From High Density Residential (H) and Very High Residential Density (VH) to Floodway. The applicant also proposes changes in Zoning on the site from Commercial Planned Development (CPD) and Residential Planned Development (RPD 7 & RPD 7.5) to Residential Planned Development(RPD-9 & RPD 20) and Open Space (OS). This project involves the re-platting of a similar previously-approved project of 284 homes on the same site for which grading had begun in 2000. Surrounding Land Uses and Setting: North: Los Angeles Avenue/Mission Bell Plaza South: Arroyo Simi East: Service Station/Leta Yancy Road/Villa Campesina Single Family Homes West: Large Lot Single Family Homes Responsible and Trustee Agencies: Ventura County, California Dept. of Trans. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact"or"Less Than Significant With Mitigation,"as indicated by the checklist on the following pages. Aesthetics Agricultural and Forestry Resources Air Quality X Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions X Hazards and Hazardous Materials X Hydrology/Water Quality Land Use/Planning Mineral Resources X Noise Population/Housing Public Services Recreation X Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None 1 19 PC ATTACHMENT 4 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Reviewed by: Date: Date: 2 20 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM 1. A sound wall, at least eight (8) feet in height, shall be constructed along the Los Angeles Avenue and Leta Yancy Road Frontage. Units facing Los Angeles Avenue in the first row of homes nearest the roadway in VTT 5882 (West) will require upgraded windows, as follows: a. For all first row units, first floor windows will require STC rating greater than or equal to 26. b. For all first row units with a building setback greater than 15 feet from property line wall, second floor windows will require STC rating greater than or equal to 33 c. For all first row units with a building setback of 15 feet or less from property line wall, second floor windows will require an STC rating greater than or equal to 34 Units facing Los Angeles Avenue in VTT 5882 (East) will require upgraded windows, as follows: a. Corner lots 1 and 51 will require second floor windows facing Los Angeles Avenue to have STC rating greater than or equal to 33. b. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two(2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six(6)feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor(including the access panel) should be fully insulated to prevent vehicle noise intrusion. Monitoring Action: Plan Check and Physical Inspection Timing: Prior to issuance of Building Permit and Prior to Occupancy of Units Responsibility: Community Development Department 2. The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi 3 21 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision)from FEMA prior to any grading activity in the 100 year floodplain. The applicant shall comply with all of the requirements of the CLOMR. Monitoring Action: Inspect drainage and flood control improvements to the Arroyo Simi and/or the site as recommended by the hydrology study and for compliance with NPDES. Timing: During grading and prior to dwelling construction. Responsibility: Public Works Department, Community Development Department, Federal Emergency Management Agency 3. A pre-construction survey must be prepared 30 days prior to the start of grading activities. If burrowing owls are identified during the pre-construction survey, the California Department of Fish and Wildlife must be contacted to discuss mitigations. Monitoring Action: Community Development Director to review pre-construction survey Timing: At least thirty days prior to issuance of zoning clearance for grading permit Responsibility: Community Development Department 4. If warranted, the Project will be responsible for the installation of a traffic signal at the intersection of Los Angeles Avenue (SR118) and Shasta Avenue/Project entrance. The Project will pay Los Angeles Avenue Area of Contribution Fees in effect at the time to fund core improvements to the Los Angeles Avenue corridor. This fee has already been paid for 87 homes. In addition, project will contribute$2,000,000.00 for improvements that have been made to Los Angeles Avenue along the frontage of the project that were the responsibility of the project. The Project will pay a Citywide Traffic Mitigation Fee of Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit, adjusted annually commencing January 1, 2019 in order to fund street improvements to mitigate its cumulative contribution to traffic throughout Moorpark. In addition, project will be subject to the County Traffic Impact Mitigation Fee Agreement. Monitoring Action: Community Development Director to collect mitigation fees. City Engineer/Public Works Director to evaluate road improvements. Timing: Prior to issuance of Building Permits Responsibility: Community Development Department. Public Works Department 5. Pursuant to Title 27, Section 21190(c), "all proposed post closure land uses, other than non- irrigated open space, on sites implementing closure or on closed sites shall be submitted to the EA, Regional Water Quality Control Board, local air district and focal land use authority. The EA shall review and approve proposed post closure land uses if the project involves structures within 1000 feet of the disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste." In addition to EA approval, Title 27 section 21190 (e)( 1-g) details structural and monitoring requirements for post closure landfills. The owners of the subject parcels may also propose a "clean closure" of their respective area, which refers to the complete removal of all waste and waste residuals, including contaminated soils. Prior to development on these parcels, the applicant is required to submit the proposed land use along with a plan to comply with the post closure requirements and conditions specified in Title 27, or submit a plan to"clean close"the site or portion thereof. 4 22 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Monitoring Action: Community Development Director monitor applicant's submittal of the proposed land use along with a plan to comply with the post closure requirements and conditions specified in Title 27, or submit a plan to "clean close"the site or portion thereof. Timing: Prior to issuance of Grading Permits Responsibility: Community Development Department. Ventura County Environmental Health Division 5 23 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070(California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE- LISTED MITIGATION MEASURES IN THE PROJECT. Signature of Project Applicant Date 6 24 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. AESTHETICS—Would the project: 1)Have a substantial adverse effect on a scenic vista? X 2)Substantially damage scenic resources,including, but X not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? 3)Substantially degrade the existing visual character or X quality of the site and its surroundings? 4)Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The Site is not located within an identified scenic corridor and there are no scenic resources on site. Normal street lighting and residential light sources will not have a significant impact on vistas and will be evaluated and be consistent with the City's lighting ordinance. Architecture and landscaping will be evaluated for consistency with City standards. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Land Use Element(1992). Mitigation: None B. AGRICULTURE RESOURCES— In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1)Convert Prime Farmland,Unique Farmland,or Farmland X of Statewide Importance(Farmland),as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency,to non-agricultural use? 2)Conflict with existing zoning for agricultural use,or a X Williamson Act contract? 3) Involve other changes in the existing environment X which,due to their location or nature,could result in conversion of Farmland,to non-agricultural use? 7 25 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: This is an infill project, is in an urban setting and does not affect agricultural resources. Historically, this site was used for agricultural purposes, however it has not been in production in recent years. Grading for a similar housing development had already begun in 2000. The Ventura County Important Farmland Map classifies the site as"Urban and Built- Up land. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required. C. AIR QUALITY—Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 1)Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3)Result in a cumulatively considerable net increase of X any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4)Expose sensitive receptors to substantial pollutant X concentrations? 5)Create objectionable odors affecting a substantial number X of people? Response: The project is estimated to result in approximately 19.08 pounds of Nitrogen Oxides (NOx) per day and 20.21 pounds per day of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx does not exceed suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been added as part of the project for the developer to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. These funds are used for pedestrian and bicycle improvements which encourage the reduction of automobile travel. No additional mitigation is needed. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2000), URBEMIS 2001 Mitigation: None required. D. BIOLOGICAL RESOURCES—Would the project: 8 26 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1)Have a substantial adverse effect,either directly or X through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2)Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans,policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3)Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal,filling, hydrological interruption,or other means? 4)Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with - established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? 5)Conflict with any local policies or ordinances protecting X biological resources,such as a tree preservation policy or ordinance? 6)Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan,or other approved local,regional,or state habitat conservation plan? Response: Due to the highly disturbed urban setting of the site, there are minimal adverse affects to biological resources. A variety of common grass species and a few shrubs would be the only vegetation lost during grubbing/clearing activities. Development of the site is not expected to have a significant cumulative impact on the general biological resources on the site or in the surrounding region. The site is not expected to support any sensitive wildlife species, according to a March 2012 biological survey report submitted with the application. However, the survey found numerous suitable potential occupiable burrows for burrowing owls on the site, though no burrowing owls were observed on the property. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; California Department of Fish and Game: Natural Diversity Data Base-Moorpark and Simi Valley Quad Sheets (1993) Mitigation: A pre-construction survey must be prepared 30 days prior to the start of grading activities. If burrowing owls are identified during the pre-construction survey, the California Department of Fish and Wildlife must be contacted to discuss mitigations. E. CULTURAL RESOURCES—Would the project: 1)Cause a substantial adverse change in the significance X of a historic resource as defined in§15064.5? 9 27 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2)Cause a substantial adverse change in the significance of X an archaeological resource pursuant to§15064.5? 3)Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4)Disturb any human remains, including those interred X outside of formal cemeteries? Response: Due to the highly disturbed urban setting of the site, there are minimal adverse affects to cultural resources. A 2003 archaeological survey concluded that there are no known or expected cultural resources on the project site. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; Archaeological Survey/Project Application (3/14/03) Mitigation: None required. F. GEOLOGY AND SOILS—Would the project: 1)Expose people or structures to potential substantial adverse effects,including the risk of loss, injury,or death Involving: i)Rupture of a known earthquake fault,as delineated on the X most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? X iii)Seismic-related ground failure, including liquefaction? X iv)Landslides? X 2)Result in substantial soil erosion or the loss of topsoil? X 3)Be located on a geologic unit or soil that is unstable,or X that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading,subsidence,liquefaction or collapse? 4)Be located on expansive soil,as defined in Table 18-1-B X of the Uniform Building Code(1994),creating substantial risks to life or property? 5)Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 10 28 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: Grading for a similar housing development had already begun in 2000. This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is, however, located in a liquefaction hazard zone; therefore, geotechnical measures will be incorporated into the project design as required by the Seismic Hazards Mapping Act. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; Alquist-Priolo Earthquake Fault Zone Map(Simi Valley West, 1999), Seismic Hazard Zone Map (Simi Valley, 1997) General Plan Safety Element(2001) Mitigation: None required. G. GREENHOUSE GAS EMISSIONS—Would the project: 1)Generate greenhouse gas emissions,either directly or X indirectly,that may have a significant impact on the environment? 2)Conflict with an applicable plan,policy or regulation X adopted for the purpose of reducing the emissions of greenhouse gases? Response: The project will generate 4.59 metric tons of carbon dioxide equivalents per service population per year. The Ventura County Air Pollution Control District has not yet adopted any approach to setting a threshold of significance for land use development projects in the area of project greenhouse gas emission. The project will generate less than significant impacts to regional and local air quality and the project will be subject to a conditions approval to ensure that all project construction and operations shall be conducted in compliance with all APCD Rules and Regulation. Furthermore, the amount of greenhouse gases anticipated from the project will be a small fraction of the levels being considered by the APCD for greenhouse gas significant thresholds and below those adopted to date by any air district in the state, typically 4.6 metric tons of carbon dioxide equivalents per service population per year. Therefore, the project specific and cumulative impacts to greenhouse gases are less than significant. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines(2003) Mitigation: None Required. H. HAZARDS AND HAZARDOUS MATERIALS—Would the project: 1)Create a significant hazard to the public or the X environment through the routine transport, use,or disposal of hazardous materials? 11 29 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2)Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3)Emit hazardous emission or handle hazardous or acutely X hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? 4)Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result, would it create a significant hazard to the public or the environment? 5)For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? 6)For a project within the vicinity of a private airstrip,would X the project result in a safety hazard for people residing or working in the project area? 7)Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8)Expose people or structures to a significant risk of loss, X injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: The Ventura County Environmental Health Division (Division) is the Local Enforcement Agency(EA)for solid waste sites in the County and is responsible for ensuring compliance with California Code of Regulations Title 27 (Title 27). The property is designated as a closed, pre-regulation solid waste disposal site, known as S.K. Egg City, SWIS Site ID 56- CR-0040. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Safety Element(2001) 12 30 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: Pursuant to Title 27, Section 21190(c), "all proposed post closure land uses, other than non- irrigated open space, on sites implementing closure or on closed sites shall be submitted to the EA, Regional Water Quality Control Board, local air district and focal land use authority. The EA shall review and approve proposed post closure land uses if the project involves structures within 1000 feet of the disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste." In addition to EA approval, Title 27 section 21190 ( e)( 1-g) details structural and monitoring requirements for post closure landfills. The owners of the subject parcels may also propose a "clean closure" of their respective area, which refers to the complete removal of all waste and waste residuals, including contaminated soils. Prior to development on these parcels, the applicant is required to submit the proposed land use along with a plan to comply with the post closure requirements and conditions specified in Title 27, or submit a plan to"clean close"the site or portion thereof. I. HYDROLOGY AND WATER QUALITY—Would the project: 1)Violate any water quality standards or waste discharge X requirements? 2)Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3)Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? 4)Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? 5)Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage - systems or provide substantial additional sources of polluted runoff? 6)Otherwise substantially degrade water quality? X 7)Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8)Place within a 100-year flood hazard area structures X which would impede or redirect flood flows? 9)Expose people or structures to a significant risk of loss, X 13 31 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact injury or death involving flooding,including flooding as a result of the failure of a levee or dam? 10)Inundation by seiche,tsunami,or mudflow? x Response: The site is within a within a FEMA identified 100-year flood hazard area. On site grading and improvements may affect existing drainage patterns. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; Grade Drainage Study/Preliminary Geologic and Geotechnical Engineering Study; General Plan Safety Element(2001), Moorpark Municipal Code Mitigation: The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision)from FEMA prior to any grading activity in the 100 year floodplain. The applicant shall comply with all of the requirements of the CLOMR. J. LAND USE AND PLANNING—Would the project: 1)Physically divide an established community? x 2)Conflict with any applicable land use plan,policy,or X regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan, local coastal program,or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3)Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: The Tentative Tract Map and Residential Planned Development Application were filed concurrently with a General Plan Amendment and Zone Change. The applications and plans are internally consistent and, if approved, will not conflict with any other plans. The project is consistent with the goals and policies of the General Plan. Grading for a similar housing development had already begun in 2000. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Land Use Element(1992) Mitigation: None required. K. MINERAL RESOURCES—Would the project: 1)Result in the loss of availability of a known mineral x resource that would be of value to the region and the residents of the state? 2)Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? 14 32 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: There are no known mineral resources on site. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. L. NOISE—Would the project result in: 1)Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? 2)Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? 3)A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? 4)A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? 5)For a project located within an airport land use plan or, X where such a plan has not been adopted,within two - - miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? 6)For a project within the vicinity of a private airstrip,would X the project expose people residing or working in the project area to excessive noise levels? Response: There will be a temporary increase in noise during grading and construction. Noise generators will be required to comply with the City's Noise Ordinance and allowed hours of construction. Future residents on site may be subject to excessive noise levels from traffic on Los Angeles Avenue. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Noise Element(1998) 15 33 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: A sound wall, at least eight (8) feet in height, shall be constructed along the Los Angeles Avenue and Leta Yancy Road Frontage. Units facing Los Angeles Avenue in the first row of homes nearest the roadway in VTT 5882 (West) will require upgraded windows, as follows: d. For all first row units, first floor windows will require STC rating greater than or equal to 26. e. For all first row units with a building setback greater than 15 feet from property line wall, second floor windows will require STC rating greater than or equal to 33 f. For all first row units with a building setback of 15 feet or less from property line wall, second floor windows will require an STC rating greater than or equal to 34 Units facing Los Angeles Avenue in VTT 5882 (East) will require upgraded windows, as follows: a. Corner lots 1 and 51 will require second floor windows facing Los Angeles Avenue to have STC rating greater than or equal to 33. b. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two(2)air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six(6) feet plus one(1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor(including the access panel) should be fully insulated to prevent vehicle noise intrusion. M. POPULATION AND HOUSING—Would the project: 1) Induce substantial population growth in an area,either X directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? 2)Displace substantial numbers of existing housing, X 16 34 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact necessitating the construction of replacement housing elsewhere? 3)Displace substantial numbers of people,necessitating the X construction of replacement housing elsewhere? Response: This project will have a beneficial impact of helping to achieve housing goals in support of the Housing Element of the General Plan. There will be no negative impacts related to population growth or housing. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306 Mitigation: None required. • N. PUBLIC SERVICES 1)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Response: While some incremental impact on public services is to be expected, the impacts are not significant. Development fees and increased property taxes will be paid to fund required public services. Sources: Project Application and Exhibits-April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Safety Element(2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. 0. RECREATION 1)Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2)Does the project include recreational facilities or require X 17 35 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: On site recreational facilities are proposed. Park and recreation fees will be paid. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. P. TRANSPORTATION/TRAFFIC—Would the project: 1)Conflict with an applicable plan,ordinance or policy X establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways, pedestrian and bicycle paths,and mass transit? 2)Conflict with an applicable congestion management X program,including,but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? 3)Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4)Substantially increase hazards due to a design feature X (e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? 5)Result in inadequate emergency access? X 6)Result in inadequate parking capacity? X 7)Conflict with adopted policies,plans,or programs X supporting alternative transportation (e.g.,bus turnouts, bicycle racks)? Response: The proposed project will reduce the level of service (LOS) of intersections in the area, as identified in the Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306. Access to the site will be provided from the Los Angeles Avenue and Leta Yancy Road. An emergency exit to Los Angeles Avenue will be provided on the western boundary of the site. Adequate parking will be provided on site, including within garages, driveways and on public and private streets. Mitigation has been identified to reduce traffic impacts to a less-than significant level. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 — State Clearinghouse Number 90010306; General Plan Circulation Element(1992) 18 36 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: If warranted, the Project will be responsible for the installation of a traffic signal at the intersection of Los Angeles Avenue (SR118) and Shasta Avenue/Project entrance. The Project will pay Los Angeles Avenue Area of Contribution Fees in effect at the time to fund core improvements to the Los Angeles Avenue corridor. This fee has already been paid for 87 homes. In addition, project will contribute$2,000,000.00 for improvements that have been made to Los Angeles Avenue along the frontage of the project that were the responsibility of the project. The Project will pay a Citywide Traffic Mitigation Fee of Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit, adjusted annually commencing January 1, 2019 in order to fund street improvements to mitigate its cumulative contribution to traffic throughout Moorpark. In addition, project will be subject to the County Traffic Impact Mitigation Fee Agreement. Q. UTILITIES AND SERVICE SYSTEMS—Would the project: 1)Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2)Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? 3)Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? 4)Have sufficient water supplies available to serve the X project from existing entitlements and resources,or are new or expanded entitlements needed? 5)Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6)Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7)Comply with federal,state,and local statutes and X regulations related to solid waste? Response: Utilities and service systems within the area are adequate to serve the project. Development fees will be paid to fund required utilities and service systems, or they will be provided by the developer. Sources: Project Application and Exhibits -April 15, 2016; Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306; Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None required. R. MANDATORY FINDINGS OF SIGNIFICANCE 19 37 Pacific Arroyo RPD 2016-01, GPA 2016-01, ZC 2016-01, TTM 5882, DA 2016-01 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1)Does the project have the potential to degrade the quality X of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2)Does the project have impacts that are individually X limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and effects of probable future projects)? 3)Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: This is an infill project on a substantially disturbed site within an urban setting and is the re- platting of a previously approved project of similar scale for which grading had already begun in 2000. Sources: See below. Earlier Environmental Documents Used in the Preparation of this Initial Study Final Environmental Impact Report for Westland Company April 1991 —State Clearinghouse Number 90010306 Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. Environmental Information Form application and materials submitted on April 15, 2016. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 2004-2224 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, October 31, 2003. 20 38 RESOLUTION NO. PC-2017- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2016-01, ZONE CHANGE NO. 2016-01, RESIDENTIAL PLANNED DEVELOPMENT NO. 2016-01, VESTING TENTATIVE TRACT MAP NO. 5882, DEVELOPMENT AGREEMENT NO. 2016- 01, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION UNDER CEQA, FOR A RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 153 SINGLE- FAMILY HOMES AND 131 DETACHED CONDOMINIUMS ON 38.73 ACRES ON THE SOUTH SIDE OF LOS ANGELES AVENUE, WEST OF LETA YANCY ROAD, ON THE APPLICATION OF PACIFIC COMMUNITIES BUILDER, INC. WHEREAS, on April 15, 2016, applications for General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01, Vesting Tentative Tract Map No. 5882, and Development Agreement No. 2016-01 were filed by Pacific Communities Builder, Inc. for a proposed residential development consisting of 153 single-family homes and 131 detached condominiums on 38.73 acres on the South side of Los Angeles Avenue, west of Leta Yancy Road; and WHEREAS, at a duly noticed public hearing on August 22, 2017, the Planning Commission considered the applications for General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01, Vesting Tentative Tract Map No. 5882, and Development Agreement No. 2016-01; and WHEREAS, at its meeting of August 22, 2017, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Community Development Director has preliminarily determined that, with the incorporation of changes to the project or conditions of approval to mitigate potentially significant impacts with respect to biology, hazardous materials, hydrology, noise, and traffic issues, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and a Proposed Mitigated Negative Declaration has been prepared for this project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning Commission has read, reviewed and considered the Initial Study and Proposed PC ATTACHMENT 5 39 Resolution No. PC-2017- Page 2 Mitigated Negative Declaration prepared for the project prior to making a recommendation on the project. The Planning Commission concurs with the Community Development Director that with the incorporation of changes to the project or conditions of approval to mitigate potentially significant impacts with respect to biology, hazardous materials, hydrology, noise, and traffic issues, there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, and recommends adoption of the Mitigated Negative Declaration prepared for this project. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040, with the imposition of Standard and Special Conditions of Approval attached hereto and incorporated herein as Exhibit A: A. The site design, including structure locations, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the goals and policies of the City's General Plan and Zoning Ordinance as proposed to be amended by General Plan Amendment No. 2016-01 and Zone Change No. 2016-01, in that the proposed project will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. B. The proposed project, with the adoption of the Mitigated Negative Declaration and incorporation of the mitigation measures in the project to address biology, hazardous materials, hydrology, noise, and traffic issues, would not create negative impacts on or impair the utility of neighboring property or uses, in that the use proposed is similar to surrounding uses, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed project is compatible with existing and permitted land uses in the surrounding area where the development is to be located, in that the general character of development south of Los Angeles Avenue between Moorpark Avenue and Tierra Rejada Road includes residential uses of varying densities, along with small-scale commercial uses. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the proposed Vesting Tentative Tract Map No. 5882, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.1, 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 40 Resolution No. PC-2017- Page 3 Findings per Government Code Sec. 66473.1 The subdivision design provides for, to the extent feasible, passive or natural heating and cooling opportunities with lots of sufficient size and spacing that include both southern exposure to the future homes and opportunities for landscaping to take advantage of shade and prevailing breezes. Findings per Government Code Sec. 66473.5 The proposed subdivision, together with the provisions for its design and improvement, is compatible with the goals, policies, general land uses, and programs of the City's General Plan as proposed to be amended by General Plan Amendment No. 2016-01, in that the proposed project will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. Findings per Government Code Sec. 66474 A. The proposed map is consistent with the City's General Plan as proposed to be amended by General Plan Amendment No. 2016-01, in that it would allow for the provision of a variety of housing types as well as affordable housing in a design that is both compatible in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as proposed to be amended by General Plan Amendment No. 2016-01, in that they will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. C. The site is physically suitable for the type of residential development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The development site, at over 35 acres and relatively flat, is physically suitable for the proposed density of development at 9.0 units per acre, in that all City development standards would be met by the proposed project at this density. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 41 Resolution No. PC-2017- Page 4 F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that there currently are no known public access easements on the property, and property along the Arroyo Simi will be offered for dedication for flood control purposes. Findings per Government Code Sec. 66474.6 The project will be connected to the community sewer system operated by the Ventura County Water and Sanitation Division and all sewer waste will be treated at the Moorpark Wastewater Treatment Plant. There will be no discharge of sewer waste from the proposed subdivision in violation of existing water quality control requirements under Water Code Section 13000 et seq. Findings per Government Code Sec. 66478.1 et seq. The proposed subdivision fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements consistent with this Section will be provided per Conditions of Approval. SECTION 4. DEVELOPMENT AGREEMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 15.40.100: A. The provisions of the development agreement are consistent with the general plan and any applicable specific plan in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development and the Development Agreement will strengthen the planning process by providing vesting of development rights, addressing timing of development, determining development fees, and providing affordable housing. B. The provisions of the agreement are consistent with Chapter 15.40 of the Moorpark Municipal Code in that the 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. SECTION 5. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends the following to the City Council: 42 Resolution No. PC-2017- Page 5 A. Adoption of the Mitigated Negative Declaration prepared for General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01, Vesting Tentative Tract Map No. 5882, and Development Agreement No. 2016-01. B. Approval of General Plan Amendment No. 2016-01, for a change in the Land Use Designation of the project site as shown on the General Plan Map of the Land Use Element from General Commercial (C-2), High Density Residential (H), and Very High Residential Density (VH) to Very High Residential Density (VH) and Floodway as shown in Exhibit A, attached. C. Approval of Zone Change No. 2016-01, for a change in the zoning of the project site from Commercial Planned Development (CPD) and Residential Planned Development (RPD-7U & RPD-7.5U) to Residential Planned Development (RPD- 9U and RPD-20U) and Open Space (OS) as shown in Exhibit B, attached. D. Approval of Residential Planned Development No. 2016-01 and Vesting Tentative Tract Map No. 5882, subject to the Standard and Special Conditions of Approval included in Exhibit C, attached. E. Approval of Development Agreement No. 2016-01 as shown in Exhibit D, attached. SECTION 5. 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 22nd day of August, 2017. Kipp Landis, Chair David A. Bobardt Community Development Director 43 Resolution No. PC-2017- Page 6 Exhibit A: General Plan Amendment Maps (Existing and Proposed) Exhibit B: Zone Change Maps (Existing and Proposed) Exhibit C: Standard and Special Conditions of Approval for Residential Planned Development Permit No. 2016-01 and Vesting Tentative Tract Map No. 5882 Exhibit D: Draft Development Agreement 44 Resolution No. PC-2017- _ Page 7 EXHIBIT A GENERAL PLAN AMENDMENT NO. 2016-01 _ _ VESTING TENTATIVE TRACT NO. 5882 CITY OF MOORPARK.VENTURA COUNTY 4. . - 1 ---1-1 - 1 ,— ' , r)—'1' .1,‘•/',*#•) -)._ • •'' •.•___•___).•-• • ' r '• I , ' ' --= - NM — ' ; ) — -------- - ' 11 -1 J 1.'1 -1.:=(-7-1 NE - "3 ,•,„_..-, ,I'!"—• -:: -zsic - r.)--' ',--',"-,,, i 1 -- i -- ' : : , 1 - - 1- - RS _-_-+, 0:, m . , 1 • ---- - , - ------ . ___,. t, T "7,----- rieminNIRIIIIII-F-1 :i-.-.- 4.--F-T---- II Li ---: f -1--4'-t-') 1 ----1- 1 il \ -r•-'7=-, ---1 - : el mt----- ___ - il --,, -...1-: - , , . , . r.. ' i,•.- -_,-: , i, - -- _ 1 i -----1,7 . i-- -- igiz.,-.0-: )-- _ 1: i r- -----• 1 , ---- - — -__,--4- -1.--.-.---' — Zoo' : ' -FLOOD WAY :)---- ..................... — 'c' --). I ---• ....----,,SW:,,,-- ............... . LEGEND: _I; p , ..,„, 4,1. • 111. C-2 o.GENERAL COMMERCIAL e -" H-HIGH DENSITY RESIDENTIAL IT DU(AC) ---' --- o,-'"- -- 1 ..„......... MI VH=VERY HIGH DENSITY RESIDIENTIAL(15 DU?AC) - ,- IIIII OS-2 oo OPEN SPACE(1 DU.40 AC) FLOODWAY ......,.. EXISTING GENERAL PLAN 45 Resolution No. PC-2017- Page 8 VESTING TENTATIVE TRACT NO. 5882 CITY OF MOORPARK,VENTURA COUNTY —_ 5 St �-� Y I l— z.... '., .3Si ".44:aT Sc3{.f �^e '!, ' l i 1 i .. +,, t _ _ _ ~ I 11 L. _ III' Ii f a+ I 1 _ I - yr .— r i � 1_ - ism " M rt I_ -- `fir, " L 1 i i - ti r 1_ _ - "—ma-- -- - g ' g it t ` ' 11111 'ndlIlltlk FLOOD WAY s LEGEND: `f\ - C-2=GENERAL COMMERCIAL ''' ��'''- s.t H=HIGH DENSITY RESIDENTIAL(7 DU/AC) ~` ' ® VH=VERY HIGH DENSITY RESIDIENTIAL(15 DU/AC) ® OS-2=OPEN SPACE(1DU?40 AC) FLOODWAY - PROPOSED GENERAL PLAN 46 Resolution No. PC-2017- Page 9 EXHIBIT B ZONE CHANGE NO. 2016-01 VESTING TENTATIVE TRACT NO. 5882 CITY OF MOORPARK,VENTURA COUNTY -- -_ -� __--- I - , _ - --------- - --- 1 a r �� — I ! i tj ! ii ' . IIIC - e _. i 1 e t: • .,, _ { .14 - -.".:-..-1."--""‘‘ LEGEND: :. ....�,A e - CPD fr i r ...f:�J.._ RPD-7.0U 4 .'''.40� 0. - RPD-7.5U s o: rasa i' *k /' - RPD-9.0U - N. RPD-20U 1101 - OS EXISTING ZONING 47 Resolution No. PC-2017- Page 10 VESTING TENTATIVE TRACT NO. 5882 CITY OF MOORPARK.VENTURA COUNTY J1116. 'WAN, '''.--r.".1 a II� - ; .. l I ilia_ _ _ a wa .... .- :aid -" , , e, ,MhiP . 1 II ' 0 -" '-/' . . gmv I 1,r '. i - [ 1 1f! ' 1 - : 1 - -PQ-9 - � ,- - i� I , l _I ,. -- - --- _— ' J tira ' i � 1 I I.}} s yy iiitio ..... _ _ ••., i____ • ._• ,,, ,•_ i , , ,.. :,... .... 4ume.mote Ait ...., gl, ... __, in _U r� . ''\ dd ! -\_2, `, f p a"'. ,rc. .�_.u:ex .0 sr :cam m. as.ax ... LEGEND: x "Ili _ CPD E=I RPD-7.0U ® RPD-7.SU _ RPD-9.0U ® RPD-20U 111111 OS PROPOSED ZONING 48 Resolution No. PC-2017- Page 11 EXHIBIT C CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01 AND VESTING TENTATIVE TRACT MAP NO. 5882 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit A), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01 1. This planned development permit will expire two (2) years from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 2. Any future homeowner improvements to the individual homes and the exclusive use area shall follow the City's RPD (Residential. Planned Development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 3. In the Fuchsia single-family detached home neighborhood (Lots 1-153) the following standards shall apply: - The minimum lot area is 3,290 square feet. - The front yard setback for each unit shall not be less than eight (8) feet for living space and (10) feet for garages that are side entry and eighteen (18) feet for garages that are front entry. - The rear yard setback for each unit shall not be less than twelve (12) feet, except for attached unenclosed patio covers, which shall have a minimum five (5) foot setback. 49 Resolution No. PC-2017- Page 12 - Interior side yard setbacks shall not be less than five (5) feet. There shall be no less than three (3') feet of unobstructed clearance between side yard block walls and allowable side yard protrusions from the house, which may only be located on one side yard of the property. - Street side yard setbacks for each unit shall not be less than ten (10) feet. - Building height shall not exceed thirty-five (35) feet for the dwelling unit and fifteen (15) feet for accessory structures. - All other development standards shall be consistent with those for RPD zones as provided in Title 17 of the Moorpark Municipal Code. 4. In the Verbena detached condominium neighborhood (Lots 155-162/Units 1-131) the following standards shall apply: - The front yard setback for each unit shall not be less than five (5) feet from common areas. - The rear yard setback for each unit shall not be less than three (3) feet from common driveways. - Side yard setbacks between units shall not be less than ten (10) feet. - Side yard setbacks between units and common driveways shall not be less than ten (10) feet. - Building height shall not exceed thirty-five (35) feet for the dwelling unit and fifteen (15) feet for accessory structures. - Each unit shall include an unenclosed parking space reserved for that unit with a minimum width of ten (10) feet and minimum depth of eighteen (18) feet, in addition to required enclosed parking of two (2) spaces per unit. - A minimum of 0.5 spaces per unit guest parking shall be provided in locations dispersed throughout the condominium neighborhood. - All other development standards shall be consistent with those for RPD zones as provided in Title 17 of the Moorpark Municipal Code. 5. A soundwall shall be constructed adjacent to the Los Angeles Avenue right-of- way. It shall be no less than eight (8') feet in height, when measured from inside of the project, and constructed with tan-colored slumpstone with matching mortar. The final design and height is to be approved by the Community Development Director and City Engineer/Public Works Director, subject to ultimate pad elevations. 6. A fence/wall plan is required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director. Side and rear yard property line walls shall be a minimum height of six (6') feet from the highest finished grade and constructed out of tan-colored slumpstone with tan- colored mortar. Residential properties adjacent to the Arroyo Simi shall have solid walls separating the property from the Arroyo. A combination block/tube steel wall with pilasters spaced no less than thirty (30) feet apart shall be used 50 Resolution No. PC-2017- Page 13 where common driveways and passive detention facilities are located adjacent to the Arroyo Simi 7. Architectural enhancements, such as window reveals and plant-ons are required on all side and rear elevations subject to the approval of the Community Development Director. 8. Amenities for the affordable housing units required by the Development Agreement and Affordable Housing Agreement shall be identical to the base level of amenities provided in the market-rate units, and shall include but not be limited to concrete tile roofs, air conditioning/central heating, washer/dryer hookups, garbage disposal, built-in dishwasher, concrete driveway, automatic garage door opener, flooring, countertops, and window coverings to the satisfaction of the Community Development Director. 9. There shall be no storage of recreational vehicles of any type on any lot, driveway, or street within the subdivision. This requirement shall be reflected on the Homeowner's Association (HOA) Covenants, Conditions, and Restrictions (CCR's). 10. There shall be no parking within the 25-foot driveways in the detached condominium (Verbena) area. "No Stopping at Any Time" signs shall be installed or curbs painted red at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer/Public Works Director. 11. Front yards of all homes within the "Fuchsia" development shall be shall be landscaped, irrigated, and maintained by the Homeowner's Association. 12. All remainder areas not designated for homeowner use or vehicular maneuvering shall be landscaped, irrigated, and maintained by the Homeowner's Association as common area subject to the review and approval of the Community Development Director. 13. Side by side houses of the same floor plan must use different architectural styles and color palettes, subject to review and approval of the Community Development Director. 14. Final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style subject to review and approval of the Community Development Director. 15. Painted and decorative sectional roll up garage doors, including garage window glazing, compatible with the architectural style of each home including the affordable residences. 16. Durable materials are required for trim on the ground floor levels of the homes, such as wood window trim, or %I" minimum cementous stucco coat over foam. 51 Resolution No. PC-2017- Page 14 17. Final plotting of the homes shall be submitted for review and approval of the Community Development Director prior to the issuance of the first building permit. 18. Any proposed change to the Architecture shall be considered by the Community Development Director upon filing of a Permit Adjustment application and payment of the fee in effect at the time of application. 19. Standards for patio covers and trellises shall be included in the Homeowner's Association Covenants, Conditions, and Restrictions. 20. Noise attenuating construction shall be required on all units affected by the noise generated from Los Angeles Avenue and the Arroyo Vista Community Park to the satisfaction of the Community Development Director. At a minimum the following items shall be provided: Units facing Los Angeles Avenue in the first row of homes nearest the roadway and nearest the Arroyo Simi in VTT 5882 (West) will require upgraded windows, as follows: a. For all first row units, first floor windows will require STC rating greater than or equal to 26. b. For all first row units with a building setback greater than 15 feet from property line wall, second floor windows will require STC rating greater than or equal to 33 c. For all first row units with a building setback of 15 feet or less from property line wall, second floor windows will require an STC rating greater than or equal to 34 Units facing Los Angeles Avenue and Arroyo Simi in VTT 5882 (East) will require upgraded windows, as follows: a. Corner lots 1 and 51 will require second floor windows facing Los Angeles Avenue to have STC rating greater than or equal to 33. b. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating 52 Resolution No. PC-2017- Page 15 construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. 28.Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of fifteen (15') feet in each direction shall be provided for separate entry/exit gates and a minimum twenty (20) for combined entry/exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. Signage is required for the gate at the western end of the project site that it is only to be used for emergency exiting to the satisfaction of the Fire Department and City Engineer/Public Works Director. 29.LED street lights shall be used within the project, to be owned and maintained by the Homeowners Association. Design of street lighting shall be to the satisfaction of the Community Development Director and City Engineer/Public Works Director to ensure consistency with future LED street lighting to be used in the City. 30.Prior to issuance of building permits, the plans shall be submitted to the Police Department for Crime Prevention Through Environmental Design (CPTED) review and recommendations. SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5882 1. Vesting Tentative Tract Map No. 5882 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. This subdivision shall expire three (3) years from the date of its approval. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the map and shall be accompanied by applicable entitlement processing deposits. 53 Resolution No. PC-2017- Page 16 3. Up to a maximum of 284 dwelling units may be developed under this entitlement, including 153 single-family lots and 131 detached condominium units. 4. Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project: the developer shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy Road and the southern boundaries of the Project (Arroyo Simi). The City shall administer the annual renewal of the Assessment District, and any costs • related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. 5. Prior to approval of any final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 6. The applicant shall provide a grading and construction schedule showing routing for grading and development from Los Angeles Avenue and Leta Yancy Road. 7. Within thirty calendar days of submittal of the first plan check for Final Map the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (C.C.&R.'s) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Vesting Tentative Tract Map No. 5882 and Residential Planned Development Permit No. 2016-01, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the City Attorney's cost of review. 8. Improvements along Los Angeles Avenue shall include conduit behind the sidewalk for future use for broadband to the satisfaction of the City Engineer/Public Works Director. 9. Leta Yancy Road shall be improved to its ultimate width along its entire project frontage, including the frontage of the 1.64 acres to be conveyed to the City. Improvements shall include roadway, bike lane, gutter, curb and sidewalk and undergrounding of utilities, all to City standards to the satisfaction of the City Engineer/Public Works Director. 10. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer/Public Works Director. 11. Access rights shall be offered to the City of Moorpark from all lots fronting on Los Angeles Avenue and the Arroyo Simi. The C.C.&R.'s shall include a provision 54 Resolution No. PC-2017- Page 17 that property line walls along the perimeter of the project, including the Los Angeles Avenue frontage and the Arroyo Simi frontage may not be removed. 12. Specific locations shall be labelled as Fire Lanes per California Vehicle Code Section 22500.1 to the satisfaction of the City Engineer/Public Works Director and Ventura County Fire Protection District. Streets where curbside parking is proposed shall meet all standards of the Ventura County Fire Protection District for emergency vehicle access. 13. The C.C.&R.'s shall include a requirement that garages in each unit be maintained for the parking of vehicles. 14. The applicant shall create a storm drainage easement and install permanent drainage improvements to convey storm water from State Highway 118 to the satisfaction of the City Engineer/Public Works Director. Upon completion of that work, the applicant shall abandon those temporary drains to the satisfaction of the City Engineer/Public Works Director. 15. Prior to the issuance of any building permit in the FEMA identified 100-year floodplain A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer/Public Works Director. 16. Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 17. The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 18. Initial buyers shall be made aware of the future use of the 1.64 acre site for affordable housing, the potential construction of a public recreational trail along Arroyo Simi and the potential future expansion of improvements to Arroyo Vista Community Park, which may include additional recreational fields, lighting and use of the existing bridge for vehicles. Notification shall be in a form to the satisfaction of the Community Development Director. 19. Improvements to Los Angeles Avenue as part of the project shall include a bus turnout, a deceleration/acceleration lane at the main project entrance, and parkway landscaping in front of the soundwall to the satisfaction of the City Engineer/Public Works Director. If directed by the City Council and approved by Caltrans, the applicant shall, at its sole cost and expense, install a traffic signal at the intersection of Los Angeles Avenue (SR118) and Shasta Avenue/Project entrance. Final design, plans and specifications shall be as approved by the City Council and Caltrans and shall include an interconnect system. The applicant 55 Resolution No. PC-2017- Page 18 shall also pay City's costs for plan check and inspection plus City administrative costs. 20. A Traffic Systems Management fee shall be paid, on a per home basis, consistent with such fee paid for Vesting Tentative Tract Map 5882, or in effect at the time of building permit issuance, or as specified in any development agreement adopted for this project. 21. Sidewalks shall be provided on both sides of all private streets within the tract (not including common driveways to garages in the Verbena neighborhood). 22. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 23. Prior to or concurrently with approval of the Final Map the applicant shall grant the City public access easements to the Arroyo Simi for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Community Development Director and the City Engineer. Concurrent with the completion of the southerly block fence/wall the applicant shall install a gate in the southern project boundary fence/wall for access to the Arroyo by the public in the event that a trail or recreational facility is installed along the Arroyo. The gate shall be locked until such time as a trail or such facility is installed and access is granted. - END - 56 Resolution No. PC-2017- Page 19 EXHIBIT D DEVELOPMENT AGREEMENT NO. 2016-01 57 Resolution No. PC-2017- Page 20 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 M.P. Group, LLC (Pacific Communities) 58 Resolution No. PC-2017- Page 21 DEVELOPMENT AGREEMENT This Development Agreement ("the Agreement") is made and entered into on , 2017 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City") and ., the owner of real property within the City of Moorpark generally referred to as Residential Planned Development Permit 2016-01 (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 Developer is the owner in fee simple of certain real property in the City of Moorpark, as more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference (the "Property"). 1.3 Prior to, and in connection with, the approval of this Agreement, the City Council reviewed the project to be developed pursuant to this Agreement as required by the California Environmental Quality Act ("CEQA.") The City Council found that the Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program ("the MMRP") adopted by to be applicable to this Agreement and the Project Approvals as defined in Section 1.4 of this Agreement and that (Additional language to be added later) 1.4 General Plan Amendment No. 2016-01("GPA "), Zone Change No. 2016- 01("ZC "), Residential Planned Development Permit No. 2016-01 ("RPD"), and Tentative Tract Map No. 5882 ("TTM") including all subsequently approved modifications and permit adjustments to the RPD, TTM, and all amendments thereto (collectively "the Project Approvals"; individually "a Project Approval") provide for the development of the Property with 284 homes consisting of 154 small-lot detached homes and 130 detached condominium ownership homes and the construction of certain off-site improvements in connection therewith ("the Project"). 59 Resolution No. PC-2017- Page 22 1.5 City and Developer acknowledge and agree that the previous Development Agreement No. 1998-02 for the Property, approved by the City Council on December 2, 1998 by Ordinance No. 257, needs to be voided so a new Development Agreement reflecting the Project can be adopted and implemented. City and Developer also acknowledge and agree that by the enabling ordinance approving this new Agreement, the City's previous approval of Development Agreement No. 1998-02 pursuant to Ordinance No. 257 is rescinded and that rescission will take effect upon the date the enabling ordinance for this Agreement under Government Code Section 36937 ("Enabling Ordinance") becomes effective ("Operative Date"). 1.6 City and Developer acknowledge and agree that the approval of Residential Planned Development Permit Nos. 1996-01 and 1999-04 for the Property, approved by City Council Resolution Nos. and expired due to lack of Project inauguration by Developer. 1.7 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. 1.8 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. 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. 1.9 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 currently amended. 1.10 On ,2017, the Planning Commission commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on 2017recommended approval of this Agreement. 1.11 On ,2017, the City Council of City ("City Council") commenced a duly noticed public hearing on this Agreement, and following the conclusion of the hearing closed the hearing and approved the Agreement by adoption of Ordinance No. ("the Enabling Ordinance") on ,2017. 60 Resolution No. PC-2017- Page 23 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". 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 (subject to Section 3.4 below) 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. 3.1 Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property 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, subject to Section 3.2 below. 3.2 Release Upon Subsequent Transfer. Upon the sale or transfer of Developer's interests in the Project or Property to a single purchaser (or any such purchaser or subsequent purchaser's sale of the entire Project or entire Property), Developer, or any such subsequent purchaser (as applicable), shall be released from its obligations hereunder with respect to the Project or Property subsequent to the effective date of the sale or transfer, provided that the seller or transferor (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 expressly assumes the obligations under this Agreement with respect to the Project or 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 provided in this Agreement. (Need to more specifically address sale of a portion of the Project or Property or sale to multiple buyers.) 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height 61 Resolution No. PC-2017- Page 24 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 all City building codes in effect at the time the plan check or permit is approved per Title 15 of the Moorpark Municipal Code 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. Developer shall comply with the Schedule of Performance attached hereto as Schedule 1, subject to Excused Delays (as defined in Section 10) and as amended from time to time and approved in writing by the City Council. 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 section shall be construed to limit City's right to ensure 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.q. 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 62 Resolution No. PC-2017- Page 25 Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws"), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City-wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto, within the Property; or (g) modify the land use from what is permitted by the City's General Plan Land Use Element at the Operative Date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4 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 63 Resolution No. PC-2017- Page 26 modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals. 5.5 Issuance of Building Permits. No Building Permit shall be unreasonably withheld or delayed from Developer if Developer is in compliance with this Agreement and the Project Approvals and Subsequent Approvals. In addition, no Final Building Permit final inspection or Certificate of Occupancy will be unreasonably withheld or delayed 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 Final Building Permit is in place or is scheduled to be in place prior to completion of construction, the Developer is in compliance with all provisions of this Agreement, the Project Approvals and Subsequent Approvals, and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with section 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 6. Developer Agreements. 6.1 Development as a Residential Project. 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. Developer agrees not to apply for any non- residential uses on the Property. The clubhouse and private recreational facilities are considered to be part of the residential uses. 6.2 Condition of Dedicated or Conveyed Property. 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 Development Fee Per Unit. As a condition of the issuance of a building permit for each residential dwelling unit within the boundaries of the Property, Developer shall pay City a one-time development fee as described herein (the "Development Fee"). The Development Fee may be expended by City in its sole and unfettered discretion. The amount of the 64 Resolution No. PC-2017- Page 27 Development Fee shall be Nine Thousand Two Hundred Dollars ($9,200.00) per residential unit. The Development Fee shall be adjusted annually commencing January 1, 2019, by the Consumer Price Index (CPI). The annual CPI adjustment shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October. In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.4 Traffic Mitigation Fee. As a condition of the issuance of building permit for each residential dwelling unit within the boundaries of the Property, Developer shall pay City a one-time traffic mitigation fee as described herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. The amount of the Citywide Traffic Fee shall be Twelve Thousand Five Hundred Dollars ($12,500.00) per residential unit. The Citywide Traffic Fee shall be adjusted annually commencing January 1, 2019 and annually thereafter by the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ("annual indexing"). In the event there is a decrease in the Bid Price Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 6.5 Los Angeles Avenue Area of Contribution (LAAOC) Fees. Developer shall pay the LAAOC fee in effect at the time of building permit issuance. Developer agrees it shall not be required to pay the LAAOC fee for the first eighty-seven (87) residential units in the project since Developer previously paid the LAAOC fee for eighty-seven (87) residential units. 6.6 Air Quality Fees. 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 a one-time (not annual) 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. 65 Resolution No. PC-2017- Page 28 The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars ($1,709.00) per residential dwelling unit to be paid prior to the issuance of the building permit for the first residential building in RPD 2016-01. If the Air Quality Fee is not paid by January 1, 2019, then commencing on January 1, 2019, 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/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior month of October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.7 Park Fees. Prior to the issuance of the building permit for each residential dwelling unit within the Property, Developer shall pay a one-time fee in lieu of the dedication of parkland and related improvements ("Park Fee"). The amount of the Park Fee shall be Ten Thousand Five Hundred Dollars ($10,500.00) for each residential dwelling unit within the Property. If the Park Fee is not paid by January 1, 2019, the Park Fee shall be adjusted annually commencing January 1, 2019 by the larger increase of a) or b) as follows: (a) The change in the CPI. The change shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the prior October; or (b) The calculation shall be made to reflect the change in the Caltrans Highway Bid Price Index (Bid Price Index) for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year (annual indexing). In the event there is a decrease in both of the referenced Indices for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 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. 66 Resolution No. PC-2017- Page 29 6.8 Community Services Fee. As a condition of issuance of a building permit for each residential dwelling unit within the boundaries of the Project, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fees may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fees shall be Two Thousand Seven Hundred Dollars ($2,700.00) per residential unit. Commencing on January 1, 2019, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all Community Service Fee 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 this prior year. The calculation shall be made using the month of October over the prior month of October or in the event there is a decrease in the CPI for any annual indexing, the Community Service Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.9 Art in Public Places Fee. Developer agrees to pay the Art in Public Places Fee in effect at the time of building permit issuance for each building prior to the issuance of the building permit for that residential building within the Project consistent with City Resolution No. 2005-2408 or any Successor Resolution (1.0 percent of total building valuations excluding land value and off-site improvement costs). Other Development and Processing Fees. 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 such fees are imposed on projects similar to the Project or on property similar to the Property. 6.10 Los Angeles Avenue Improvements. Within thirty (30) days of the Operative Date, Developer shall to pay City Two Million Dollars ($2,000.000.00) for the improvements to Los Angeles Avenue along the frontage of the Project. (Note that the actual amount is still to be finalized). Developer acknowledges it has reviewed the City's costs for these improvements and that the payment amount includes a credit of 67 Resolution No. PC-2017- Page 30 One Hundred Thousand Dollars ($100,000.00) previously paid by the Developer for the LAAOC. 6.11 Processing Fees. On the Operative Date, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, the Project Approvals, the MND. 6.12 Landscape Maintenance Assessment District. Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project: Developer shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Los Angeles Avenue, Leta Yancy Road and the southern boundaries of the Project. The City shall administer the annual renewal of the Assessment District, and any costs related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. Developer agrees to cast affirmative ballots for the establishment of the Assessment District, and for annual increases in the assessments thereunder, for the purposes specified in this subsection. Developer hereby waives any right it may have to contest or protest any such assessments or assessment increases. In the event that any such Assessment District has insufficient funds for its purposes, then Developer shall pay the funds required to the Assessment District within five (5) business days after written demand from the Assessment District from time to time. Densities Allowed for Development and Affordable Housing. (a) Developer agrees that densities vested and incentives and concessions received in the Project Approvals include all densities available as density bonuses and all incentives and concessions to which Developer is entitled under the Moorpark Municipal Code, Government Code Sections 65915 through 65917.5 or both; Developer shall not be entitled to further density bonuses or incentives or concessions and further agrees, in consideration for the density bonus obtained through the Project Approvals that is greater than would otherwise be available, to provide twenty-five (25) housing units affordable to low income households and the City Site as more specifically described in subsection 6.14 and subsection 6.15. These twenty-five housing units may be referred to as affordable units or units affordable to low income households. (b) Developer explicitly acknowledges that its agreement to construct these affordable units is given both as specific consideration for both the density bonus and in general as consideration for City's willingness to negotiate and enter into this Agreement and for the 68 Resolution No. PC-2017- Page 31 valuable consideration given by City through this Agreement. Developer further acknowledges that its agreement to construct these affordable units is not the result of an existing policy or regulation imposed by City but instead is the result of arm's length negotiation between Parties. (c) Developer further agrees that it shall provide the required number of affordable 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 affordable housing units and that this subsection 6.14 is specifically exempt from the requirements of subsection 7.2. (d) Prior to recordation of the first Final Map for this Project, the parties agree to execute an Affordable Housing Purchase and Sale Agreement (Affordable Housing Agreement) that sets forth the Developer's and City's obligations and provides procedures and requirements to ensure that all of the required affordable housing units are provided consistent with this Agreement and applicable State laws and remains affordable for the longest feasible time. The Affordable Housing Agreement shall include but not be limited to the following items: Initial Purchase Price, market value, buyer eligibility, affordability and resale covenants and restrictions, equity share and second trust deed provision, 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, quality of and responsibility for selection of amenities and applicability of home warranties to meet all or a portion of its obligation and any other items determined necessary by the City. Developer shall pay the City's direct costs for preparation and review of the Affordable Housing Agreement up to a maximum of Ten-Thousand Dollars ($10,000.00). (e) All affordable units shall meet the criteria of all California Health and Safety Code statutes and implementing regulations pertaining to for-sale Affordable Housing units so as to qualify as newly affordable to low income households and to satisfy a portion of the City's RHNA obligation. The affordable units required by this Agreement are consideration for City's entry into this Agreement and therefor none of the affordable units shall duplicate or substitute for the affordable housing requirement of any other developer or development project. All subsequent approvals required of City under this subsection 6.14 shall be made at City's sole discretion. If any conflict exists between this Agreement and 69 Resolution No. PC-2017- Page 32 the Affordable Housing Agreement required by and negotiated pursuant to this Agreement or the conditions of approval for Vesting Tentative Tract Map No. 5882 and/or RPD No. 2016-01, then the Affordable Housing Agreement shall prevail. (f) In the event the monthly HOA fees exceed Two Hundred Dollars ($200.00)), Developer shall deposit One Hundred Twenty Dollars ($120.00) for each dollar or portion thereof of the monthly HOA fees that are in excess of Two Hundred Dollars ($200.00) into a City administered trust account to assist with future HOA fees for each affected unit. (g) The Affordable Sales Price for low-income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. Section 50052.5(h) of the California Health and Safety Code provides that an appropriate household size in terms of determining purchase price, is one more person than the number of bedrooms. This means that the pricing for a four (4) bedroom unit will be based on a household of five (5) regardless of the actual size of the household purchasing the unit. For example, the monthly "affordable housing cost" for a four (4) bedroom unit would be 30% times 70% of the current median income for a household of five (5) in Ventura County, divided by twelve (12). This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulation shown below (See Section 50052.5(c) of the Health and Safety Code). The Affordable Sales Price for a low income household would be for a four (4) bedroom unit under current market conditions, based upon the following assumptions: 70 Resolution No. PC-2017- Page 33 Low Income Buyer Item Detail Amount 4 Bedroom Affordable Sale $212,750 Price Down Payment 5% of Affordable $10,638 Sales Price Affordable Sales Loan Amount Price less Down $202,113 payment Interest Rate 4.50% Monthly 1.25% of Initial $222 Property Tax Purchase Price LMD Not Currently N/A HOA $200 Fire Insurance $60 Maintenance _ $30 Utilities $180 (h) The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price of $183,500 for a four (4) bedroom unit, mortgage interest rate of 4.50%, no mortgage insurance, property tax rate of 1.25%, based on Affordable Sales Price, homeowners' association dues of $200 per month, fire insurance of $60 per month, maintenance costs of $30 per month, and utilities of $180 per month for a four (4) bedroom unit. (i) Developer acknowledges that changes in market conditions may result in changes to the Affordable Sales Price, down payment amounts, mortgage interest rates, and other factors for both low income and very low income buyers. Furthermore, if "affordable housing cost', as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Purchase and Sale Agreement negotiated pursuant to this Agreement shall address this potential change. Q) In the event the City, at its sole discretion purchases one or more of the units from Developer in lieu of a qualified buyer, the Affordable Sales Price shall be based on a household size appropriate to the number of bedrooms in the unit being purchased by the City, consistent with all requirements of this subsection 6.14. Developer agrees that, pursuant to City's rights under this Agreement and/or the Affordable Housing Agreement and prior to and upon the sale 71 Resolution No. PC-2017- Page 34 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 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 responsibility for approving any subsequent sale of that housing unit. (k) Developer agrees that City shall be responsible at its sole discretion for marketing the affordable units, selecting and qualifying eligible buyers for these units, and overseeing the escrow processes to sell the affordable units to low income households, providing the forms of Deed of Trust, Promissory Note, Resale Refinance Restriction Agreement and Option to Purchase Property and Notice of Affordability Restriction on Transfer of Property (collectively Affordability Documents) and all necessary contracts and related documents to ensure that the referenced affordable units remain occupied by low income households for the longest feasible time. Developer further agrees that the difference between the Affordable Sales Price (as referenced in this Agreement) paid by a qualified buyer and market value shall be retained by City as a second deed of trust. (I) Developer shall pay closing costs for each affordable unit, not to exceed Eight Thousand Dollars ($8,000.00). Beginning January 1, 2019 and on January 1st for each year thereafter, the maximum Eight Thousand Dollars ($8,000.00) to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles/Riverside/Orange County metropolitan area during the prior year. The calculation shall be made using the month of October over the month of October. In the event there is a decrease in the CPI for any annual indexing, the closing costs for each affordable unit shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. The referenced Developer funded closing costs shall be for the benefit of qualified buyers (or City in lieu of qualified buyers if one or more of the required units are purchased by the City) 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. 72 Resolution No. PC-2017- Page 35 (m) DEVELOPER warrants that the quality of materials and construction techniques of the affordable units sold to the qualified low income buyer, or CITY shall in all manner be identical to that of all other units constructed in this Project and subject to all Conditions of Approval and shall meet all Building Codes. (n) The CITY shall have the same choices of finish options as purchasers of market rate units in this Project and final walk- through approval of condition of unit before close of sale. Any options provided to buyers of market rate units shall be provided to CITY or buyer(s) of the affordable units, including but not limited to color and style choices for carpeting and other floor coverings, counter tops, roofing materials, exterior stucco and trim of any type, fixtures, and other decorative items. (o) DEVELOPER agrees that all warranties for the affordable units shall be the same or better than those for the market rate units, all such warranties shall inure to the benefit of and be enforceable by the ultimate occupants of the affordable units and that all warranties by subcontractors and suppliers shall inure to the benefit of and be enforceable by such occupants. The home warranties for the affordable units shall be the same duration as the warranties for the market rate units and not less than the maximum time required by State law but in no event less than ten (10) years. (p) DEVELOPER agrees to provide the same amenities and home warranties associated with the affordable units purchased by the low income buyer, or CITY as the amenities and home warranties associated with the market rate units. The amenities shall include but not be limited to concrete roof tiles; air conditioning/central heating; garage door opener; fireplaces; washer/dryer hook-ups; garbage disposal; built-in dishwasher, stove, oven and microwave; windows; wood cabinets; shelving; counter-tops; floor coverings; window coverings; electrical outlets, lighting fixtures and other electrical items; plumbing fixtures including sinks, bathtubs and showers; and door and cabinet hardware, and shall all be of the same quality and quantity as provided in the Project's market rate units as determined by the City's Community Development Director and City staff person responsible for City's Affordable Housing Programs. (q) The floor plan and size of the units shall be approved by the Community Development Director and City staff person responsible for City's Affordable Housing Programs, and include a downstairs bathroom. 73 Resolution No. PC-2017- Page 36 (r) The parties agree that prior to and upon the sale of an affordable unit to a qualified buyer or City, City may at its sole discretion take any actions and impose any conditions on buyer eligibility and on said sale or subsequent sale of the unit to ensure ongoing affordability to low income households and related matters. DEVELOPER agrees if it sells any of the affordable units directly to a qualified low income buyer, all requirements of the buyer, including, but not limited to, completion of a CITY approved homebuyer education training workshop, and CITY approved documents for the transaction, including a promissory note, deed of trust, and resale restriction agreement and option to purchase (the "affordability Document"), shall be included as a requirement of the sale. The language of all such documents shall be approved by CITY at its sole discretion. (s) In the event City is unable to provide a qualified buyer when one of the low-income units has received final inspection approval, Developer shall be allowed to continue to obtain building permits and/or final inspection approval for the non-affordable units. Any low-income units remaining unsold six (6) months after the final inspection approval of the 280th unit will be purchased by the City, as provided for in the Affordable Housing Agreement. Developer is required to maintain low-income units in move-in condition until such time as the City finds a buyer. For purposes of this schedule, final inspection approval requires approval of the City's Building Official and Community Development Director. (t) Developer also agrees that subsidiaries, divisions or affiliates of Developer may not be used to provide lending, escrow or other services relevant to the purchase transactions for the affordable units. (u) If a qualified low income buyer is identified by City prior to or at the time of final inspection approval of any of the affordable units, Developer shall open escrow for the sale of said unit as provided for in the Affordable Housing Agreement, and shall enter escrow directly with the buyer identified by City, and proceed to closing of said escrow. If a qualified low income buyer has not been identified at the time Developer receives it final inspection approval for an affordable unit, City, at its option, may agree to purchase the affordable unit required to be provided by Developer for the amount and at the time as provided for in this agreement. Developer and City agree to use their best efforts to complete the close of escrow within forty-five (45) days of the final inspection approval of an affordable unit. 74 Resolution No. PC-2017- Page 37 (v) DEVELOPER shall satisfy all mechanic's, laborer's, material man's, supplier's, or vendor's liens and any construction loan or other financing affecting any unit or lot in the Project which has been designated for an affordable unit, before the close of escrow for that affordable unit. (w) Developer agrees that the required construction of the low income affordable units shall be completed by DEVELOPER and occupied by qualified buyers (or at City's sole discretion sold to City) on terms consistent with this Agreement and the Affordable Housing Agreement as specified in the following schedule: Prior to #of Low Occupancy of Income Units Total 25 (x) The required affordable units within the Project shall be located on unit (may also be referred to as pad or lot) numbers . The City Manager or the City Manager's designee may approve different unit numbers within the Project so long as the unit contains no less than square feet. 6.13 Conveyance to City of City Site; In lieu of providing seventeen (17) residential units for very low income households, Developer agrees to convey to City at no cost to City (except $1.00 purchase price) an approximate 1.6 acre site (City Site). City Site may be used for any purposes at City's sole discretion. Developer at its sole cost and to City's specifications shall grade the site to be suitable for multi-family residential project and meet all of the requirements for a certified pad to allow a Building Permit to be issued including obtaining a CLOMR and satisfying all FEMA and NPDES requirements. Developer shall also provide all street improvements including curb, gutter and sidewalk; stubout all utilities to the City Site including electrical, natural gas, water, sewer, cable, telephone, and fiber optic; six (6) foot block wall on the west and south property lines, (any slopes on the west and north sides shall be placed on the Property and Project or eliminated by use of retaining walls). Developer shall not be responsible for the payment of any utility connection fees. Grading and related improvements shall be completed to City's satisfaction prior to issuance of the first residential building permit 75 Resolution No. PC-2017- Page 38 (excluding models) for the Project. The Developer agrees to convey the "City Site" as shown in Exhibit "B" pursuant to the Purchase and Sale Agreement attached hereto as Exhibit "C" (the "Purchase and Sale Agreement") Developer shall execute and deliver the Purchase and Sale Agreement concurrently with its execution and delivery of this Agreement and upon delivery to Developer of a copy thereof executed by the City, Developer shall comply with the Purchase and Sale Agreement. Developer will defend, indemnify and hold City harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from any activity by Developer or its contractors on the City Site. 6.14 Annual Review Procedures. 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. 6.15 Eminent Domain. Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 6.16 Street Improvement Standards. The street improvements for all streets scheduled for dedication to the City shall be designed and constructed by Developer to provide for a 50-year life as determined by the City Engineer. 6.17 Implementation Plan. Prior to the submittal of an application for any subdivision, or any other development project or entitlement application, Developer shall submit and gain approval from City Council a plan to guarantee the agreements contained in this Section 6 and conditions of approval for the Tract and RPD. The plan shall address the entities responsible and method and timing of guarantee for each component of Developer's or Developer's obligations and is subject to City approval at its sole discretion. 6.18 Fee Protest Waiver. Developer agrees that any fees and payments pursuant to this Agreement and for the Project 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 Section 6.3 and Section 6.8 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto. 76 Resolution No, PC-2017- Page 39 6.19 CPI Indexes. In the event the "CPI" referred to in Sections 6.3, 6.6 6.7, 6.8 or 6.14 (I), or the Bid Price Index referred to in Section 6.4 or 6.7 are discontinued or revised, a successor index with which the "CPI" and or Bid Price Index are replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if either or both the "CPI" and Bid Price Index had not been discontinued or revised. 6.20 Proposed Mello-Roos Community Facilities District. Developer agrees that if a Mello-Roos Community Facilities District (CFD) is formed consistent with Section 7.3 of this Agreement, Developer shall submit the required deposit and reimbursement agreement. Developer agrees to (i) limit its total reimbursement from the proceeds of Bonds of CFD to $ and (ii) any funds in the Project Improvement Fund in excess of the amount required to fund such total reimbursement, less any CFD consultant costs associated with the redemption of Bonds shall be applied to redeem a portion of the Bonds, consistent with applicable provisions of State and Federal laws and regulations. Developer also acknowledges that if a CFD is authorized, at City's discretion the CFD shall include on-going annual special taxes for services provided to the Project. Developer agrees that it shall prepay all special taxes levied, or which may be levied in the future (except for special taxes for on-going services), as part of the CFD or any successor or any additional CFD prior to the sale of any of the affordable units to the City or qualified buyer. The intent of this section is that the owners of the affordable units shall at no time have any obligations to make any special tax payments to or for the benefit of the CFD or its bondholders except for special taxes for services. 6.21 Los Angeles Avenue Traffic Signal. If directed by the City Council and approved by Caltrans, Developer agrees at it sole cost and expense to install a traffic signal at the intersection of Los Angeles Avenue (SR118) and Shasta Avenue/Project entrance. Final design, plans and specifications shall be as approved by the City Council and Caltrans and shall include an interconnect system. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. 6.22 City Ability to Modify. Developer acknowledges the City's ability to modify the development standards and to change the General Plan designation and zoning of the Property upon the termination or expiration of this Agreement (if the Project has not been built), and Developer hereby waives any rights they might otherwise have to seek judicial review of such City actions to change the development standards, General Plan designation and zoning to those development standards and density of 77 Resolution No. PC-2017- Page 40 permitted development to that in existence prior to the approval of General Plan Amendment No. ("GPA ") and Zone Change No. ("ZC "). 6.23 Prior Development Agreement and Residential Planned Development Permit. Developer agrees that by the Enabling Ordinance approving this Agreement, the City's previous approval of Development Agreement No. 1998-02 Pursuant to Ordinance No. 257 is rescinded and that rescission will take effect upon the Operative Date. Developer further agrees that the approval of Residential Planned Development Permit Nos. 1996-01 and 1999-04 for the Property, approved by the City Council by Resolution Nos. and have expired due to lack of Project inauguration by Developer and that Developer will not seek final map approval for Tenative Trust Map Nos. 5053 and 5204. 6.24 Homeowners Association. Prior to recordation of the first final map for the Property, if required by City at its sole discretion, Developer shall form one or more property owner associations to assume ownership and maintenance of private recreation, private streets, parking lots, landscape areas, flood control and NPDES facilities and other amenities within the Project. The obligation of said Homeowners Associations shall be more specifically defined in the conditions of approval of the first tentative tract or parcel map for the property. 7. City Agreements. 7.1 Commitment of Resources. At Developer's expense, City shall commit reasonable time and resources of City staff to work with Developer on the processing of applications for Project Approvals and all Subsequent Approvals and Building Permits for the Project area and if requested in writing by Developer shall use overtime and independent contractors whenever possible. 7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer and limited to City's legal authority, City at its sole and absolute 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. 78 Resolution No. PC-2017- Page 41 7.3 Proposed Mello-Roos Community Facilities District. City agrees that upon receipt of a landowner' petition by Developer and Developer's payment of a deposit of Fifteen Thousand ($15,000.00) and agreement to reimburse all City costs related to processing of the proposed Mello-Roos Community Facilities District (CFD), as prescribed in the applicable sections of the California Government Code, City shall commence proceedings to form (CFD) and to incur bonded indebtedness to finance all or portions of the development fees, 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 CFD upon the conclusion of the public hearing required by the applicable section of the California Government Code. 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 (except forspecial taxes for on-going services) in full prior to the close of escrow on the initial sale of the developed lot by the builder of the residence. All on-going costs for City to administer the District shall be included in the costs to be paid by the District. 7.4 Concurrent Entitlement Processing. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the Project so long as the application for such entitlements are "deemed complete" in compliance with the requirements of Chapter 4.5 Review and approval of Development Projects (Permit Streamlining Act) of the California Government Code. 7.5 Park Fees. City agrees that the Park Fee required under Section 6.7 of this Agreement meets all of Developer's obligation for park land dedication provisions of state law and City codes. 7.6 Los Angeles Avenue Area of Contribution (LAAOC) Fees. City agrees that Developer previously paid the LAAOC fee for Eighty-Seven (87) residential units in the amount of Two Hundred Forty-One Thousand One hundred Thirty Five Dollars and Twenty-Nine Cents ($241,135.29) on August 3, 2001 and said payment satisfies the LAAOC fee obligation for the first Eighty-Seven (87) residential units of the Project. 7.7 Reimbursements from other Developments. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a tract map, development permit or development agreement with one or more other developers and at City's discretion may include provisions requiring such reimbursement to Developer for the same in such other development project conditions of approval. 79 Resolution No. PC-2017- Page 42 7.8 Early Grading Agreement. The City Manager is authorized to sign an early grading agreement on behalf of the 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 the Project approved tentative map 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; construction of on-site and off-site improvements consistent with the City Council approved Project and Tentative Map. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.9 Acquisition by City of City Site. Provided Developer shall have duly executed and delivered the Purchase and Sale Agreement to City, City shall enter into the Purchase and Sale Agreement to acquire the City Site. 7.10 Prior Development Agreement and Residential Planned Development Permit. City agrees that the previous Development Agreement No. 1998- 02 for the Property, approved by the City Council by Ordinance No. 257 are both rescinded upon the Operative Date. City further agrees that the approval of Residential Planned Development Permit No. 1996-01 and 1999-04 approved by the City Council have expired due to lack of Project inauguration by Developer. 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 written notice of the delay to the other Parties as soon as possible after the same has 80 Resolution No. PC-2017- Page 43 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; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City or other local government entity 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; (h) delay caused by a delay by other third party entities which are required to approve plans or documents for Developer to construct the Project, or restrictions imposed or mandated by such other third party entities or governmental entities other than City, (including but not limited to, Ventura County Watershed Protection District); or (i) 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 Project. 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 within five (5) business days after City gives written notice to Developer that the same is due and payable; or (c) breaches any of the other provisions of this Agreement and fails to cure the same within thirty (30) days after City gives written notice to Developer of such breach (or, if the breach is not able to be cured within such thirty (30) day period, Developer fails to start to cure the same within thirty (30) days after delivery of written notice by City of such breach or fails to thereafter diligently prosecute the cure to completion). 11.2 Default by City. City shall be in breach of this Agreement if it breaches any of the provisions of this Agreement and fails to cure the breach within thirty (30) days after Developer gives written notice to City of the breach 81 Resolution No. PC-2017- Page 44 (or, if the breach is not able to be cured within such thirty (30) day period, City fails to start to cure the same within thirty (30) days after delivery of written notice from Developer of such breach or fails to thereafter diligently prosecute the cure to completion). 11.3 Content of Notice of Violation. Every notice of breach shall state with specificity that it is given pursuant to this section of this Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall state the applicable period to cure. The notices shall be given in accordance with Section 20 hereof. 11.4 Remedies for Breach. Each party shall have any and all remedies for breach of this Agreement that may be available under applicable law. Additionally, the Parties acknowledge that remedies at law, including without limitation monetary 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 this Agreement has begun. Consequently, the remedies for breach of this Agreement by either party shall include injunctive relief and/or specific performance. In addition, if Developer is in default under this Agreement, City shall have the right to withhold the issuance of building permits to Developer from the date that the notice of violation was given pursuant to Section 11.3 hereof until the date that the breach is cured as provided in the notice of violation. 12. Mortgage Protection. If 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 as the rights of City are concerned, to cure any such breach within eighteen (18) days after the giving of the notice by 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 eighteen (18) days after giving of the notice by City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach 82 Resolution No. PC-2017- Page 45 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; provided, however, Financier and such owner shall not be responsible for any matters that occurred prior to their acquisition of the Project. 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 ten (10) 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 consent or approval herein to be given by the City may be given by the City Manager provided it is express and is in writing. 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 written notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) daysafter the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval or Subsequent Approvals shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals or Subsequent Approvals. 83 Resolution No. PC-2017- Page 46 16. Developer 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 including , but not limited to, Developer's construction of the Project on the Property and construction of improvements on the City Site and any injury sustained by any person in connection with the construction or partial construction of buildings and improvements on the Property and City Site. 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, the environmental documents prepared and approved in connection with the approval of the Project, 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. As described in Section 1.5 above, this Agreement shall become operative on the Operative Date, being 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 fifteen (15) years commencing on the Operative Date or until one year after the issuance of the final building permit for occupancy of the last unit of the Project whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval or Building Permit or Final Building Permit that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval or Building Permit or Final Building Permit. 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 "D" attached hereto and incorporated herein. 84 Resolution No. PC-2017- Page 47 Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Purchase and Sale Agreement, 85 Resolution No. PC-2017- Page 48 the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, , and City of Moorpark have executed this Development Agreement on the date first above written. CITY OF MOORPARK Janice S. Parvin Mayor a California limited partnership By: By: By: Title: Print Name: 86 Resolution No. PC-2017- Page 49 EXHIBIT "A" LEGAL DESCRIPTION 87 Resolution No, PC-2017- Page 50 EXHIBIT "B" LEGAL DESCRIPTION OF CITY SITE -30- 88 Resolution No. PC-2017- Page 51 EXHIBIT "C" PURCHASE AND SALE AGREEMENT -31- 89 Resolution No. PC-2017- Page 52 EXHIBIT "D" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: Pacific Communities -32- 90 MOORPARK,CALIFORNIA Planning Commission ITEM 10.A. of /VIVI 22. MO ACTION: ►►, t ill : U 'a 1,t.1.1 071, AS kwrrlMrf. MINI JTFR OF THE PLANNING COMMISSION BY: -S. f� i iv irk`a, Mthrpark, California June 27, 2017 A Regular Meeting of the Planning Commission of the City of Moorpark was held on June 27, 2017, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Landis called the meeting to order at 7:09 p.m. 2. PLEDGE OF ALLEGIANCE: Freddy A. Carrillo, Associate Planner I, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioner Aquino, Vice Chair Hamous, and Chair Landis. Absent: Commissioners Di Cecco and Haverstock. Staff Present: David Bobardt, Community Development Director; Freddy A. 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: None. 91 Minutes of the Planning Commission Moorpark, California Page 2 June 27, 2017 8. PUBLIC HEARINGS: (next Resolution No. PC-2017-618) A. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2017-03, an Amendment to Chapter 17.64 (Density Bonus Provisions) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Changes in State Law Related to Density Bonuses, Concessions, and Incentives, 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-2017-618. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. A discussion followed among the Commissioners and staff, which focused on 1) State law placing limits on what Cities could ask for in Density Bonus applications; 2) Maximum density bonus and concessions allowed under state law; and 3) Fifty-five years minimum requirement of state density bonus law. Chair Landis opened the public hearing. In response to Chair Landis, Mr. Bobardt stated there were no speaker cards or written cards for this item. Chair Landis closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Aquino moved and Vice Chair Hamous seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2017-618. The motion carried by voice vote 3-0, Commissioners Di Cecco and Haverstock absent. The City Council has final approval authority for this project. At this point in the meeting Commissioner Haverstock arrived at 8:43 p.m. B. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2017-04, Conditional Use Permit No. 2016-05, and Modification No. 2 to Commercial Planned Development Permit No. 2004- 03, for Construction and Operation of a Major Wireless Communications Facility Within a 48-Foot High Tower at 14339 White Sage Road (Warehouse Discount Center Site), with Signage on the Tower, and Making Determination of Exemption Under CEQA in Connection Therewith, on the Application of Matt Vigil (Vinculums) for Verizon Wireless. Staff Recommendation: 1) Open the public hearing, accept 92 Minutes of the Planning Commission Moorpark, California Pape 3 June 27, 2017 public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2017-619. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. A discussion followed among the Commissioners and staff, which focused on 1) the sign ordinance; 2) location of tower; 3) height limit and maximum square feet of sign; and 4) illumination of signs. Chair Landis opened the Public Hearing. Matt Vigil, Site Acquisition Manager, for Vinculums, discussed the project and thanked staff for their comments incorporated into the design of the project and stated he was available to answer questions. In response to Chair Landis, Mr. Bobardt stated there were no speaker cards or written cards for this item. Chair Landis closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Vice Chair Hamous moved and Commissioner Aquino seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2017-619. The motion carried by voice vote 3-0, Commissioner Di Cecco absent, and Commissioner Haverstock abstained. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: A. None. 10. CONSENT CALENDAR: MOTION: Commissioner Haverstock moved and Commissioner Aquino seconded a motion to approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. A. Consider Approval of the Regular Meeting Minutes of May 23, 2017. Staff Recommendation: Approve the minutes. 93 Minutes of the Planning Commission Moorpark, California Page4 June 27, 2017 11. ADJOURNMENT: MOTION: Chair Landis moved and Commissioner Aquino seconded a motion to adjourn the meeting. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The time was 7:55 p.m. Kipp Landis, Chair David A. Bobardt, Community Development Director 94 MOORPARK,CALIFORNIA Planning Commission of AltILI t 22,, 23)7 ACTION": ' 911 Ira 'id ii /.IS Lam. ITEM 10.x. folt(NUTE'S OF THE PLANNING COMMISSION . ' I c BV July 25, 2017 A noticed Regular Meeting of the Planning Commission of the City of Moorpark was not held on July 25, 2017 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Due to the lack of a quorum, the Economic Development and Planning Manager adjourned the meeting to August 22, 2017 at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Kipp Landis, Chair David A. Bobardt Community Development Director 95