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HomeMy WebLinkAboutAGENDA REPORT 2017 1206 CCSA REG ITEM 08B ITEM 8.B. CITY OFMOO'; AR CALIFORNIA City Counci=Ib��cting ,-06 —2017 ACTION: , , _ , . /I/ ..� _. d. yre. l . . „D - ' C4 d4- - oe d' i ,bid. Yu. 5A59. eat 1n-,. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manager DATE: November 29, 2017 (CC Meeting of 12/6/2017) SUBJECT: Consider a Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Approving General Plan Amendment No. 2015-02; an Ordinance Approving Zone Change No. 2015-03; a Resolution Approving Residential Planned Development No. 2015-02 and Vesting Tentative Tract Map No. 5972; and an Ordinance Approving Development Agreement No. 2015-01; for a Request to Develop 95 Townhouse Condominiums and a Recreation Facility on Approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the Application of Spring Road LLC (Mike Ashley, Don Duncan) BACKGROUND On November 17, 2015 Spring Road LLC (Mike Ashley, Don Duncan) filed applications to develop 95 townhouse condominiums and a recreation facility on 8.3 acres south of Los Angeles Avenue and west of Spring Road. The applicant is requesting changes in the General Plan Designations on the site from General Commercial (C-2) to Very High Residential Density (VH); and changes in Zoning on the site from Commercial Planned Development (CPD) to Residential Planned Development (RPD-15) and Open Space (OS). A Vesting Tentative Tract Map is requested for condominium ownership, and a Residential Planned Development Permit is requested for the building design and site planning of the project. A City Council Ad-Hoc Committee (Mayor Parvin and Councilmember Van Dam) negotiated a draft development agreement for this project with the applicant_ \\DC1\Department Share\Community Development\DEV PMTS\R P D\2015-02 Spring Road LLCiAgenda Reports\20171206 CC Agenda Report docx 3 8 Honorable City Council December 6, 2017 Page 2 On October 24, 2017, the Planning Commission opened the public hearing, continued the public hearing, and on November 7, 2017 adopted a resolution recommending to the City Council approval of the entitlements requested for this project. During the public hearing on October 24, 2017, the Planning Commission raised questions about the following project details, requesting additional information for the November 7 meeting: • Pedestrian Circulation • Connectivity with Surrounding Uses • Landscaping • Parking • Trash and Recycling • Affordable Housing Unit Locations Pedestrian Circulation The applicant provided details clearly showing the pedestrian access and paseo details as well as additional detail regarding the connection from Spring Road to the Arroyo Simi, per the proposed conditions of approval. Connectivity with Surrounding Uses The Planning Commission questioned how the project presents itself to the rest of the City. Fences and walls locations and heights were not clearly detailed in the plans previously presented. Detailed fence and wall plans were provided, clarifying that on the Los Angeles Avenue and Spring Road frontages, 8-foot high sound walls are proposed, consistent with other residential projects that front along major roads. Adjacent to the commercial center, an 8-foot zone separation wall is also proposed, as required by the Zoning Ordinance. A combination tubular steel/slump stone wall is provided along the Arroyo Simi frontage, along with a gate for access, should the access road be made available for recreational purposes in the future. Landscaping The applicant provided a landscaping plan showing additional details. Perimeter landscaping will be consistent with the Ivy Lane project to the west and will be required to include riparian trees as mitigation. Internal landscaping will be unique to this project. Parking The Planning Commission questioned whether, due to the size of the units, additional guest parking may be necessary. The applicant revised the plan, providing 5 additional guest parking spaces for a total of 247 spaces. Trash and Recycling The Planning Commission requested additional information regarding trash and recycling collection. The floor plans show trash and recycling bin storage within the two car garage, outside of the required parking area. The City has found that recycling rates are higher with private trash bins then when communal trash enclosures are 39 Honorable City Council December 6, 2017 Page 3 provided. Since trash trucks only pick up from the right side of the vehicle, they will have to pick up the trash on one side of the driveways then back down the driveway to pick up on the other side. This is not uncommon in this type of project. Affordable Housing Unit Locations The Planning Commission questioned the uniform placement of the Plan One units throughout the project. Of the 19 Plan One units, 15 would be reserved for affordable housing. The Plan One units are all placed at the end of each row of townhomes, one per building. The units are spread throughout the project and do not differ in exterior design details from the Plan Two and Plan Three Units. During the November 7, 2017 hearing, the Planning Commission amended a condition of approval, requiring that the soundwalls be designed to wrap around extend inward at project driveway entries at Los Angeles Avenue and Spring Road. Each entry will include enhanced landscaping at the entries facing the public rights-of-way. DISCUSSION Project Setting Existing Site Conditions: The site consists of two lots. The first lot is located at 4875 Spring Road and currently has Moorpark RV Storage occupying the site. The second lot is located at 384 Los Angeles Avenue and is an underutilized parcel between the Gateway Plaza Office Building and the Ivy Lane residential community with two homes and storage buildings on the site. 4875 Spring Road lot is generally flat and is mostly finished with a combination of asphalt and compacted gravel with the exception of a small front yard and a small amount of landscaping in the customer parking lot. Landscaping in the parking area is less than the 10 percent that would be required in a new development. There is one 3,250 square foot two-story administrative building and two attached shop buildings totaling 2,068 square feet on the eastern side of the site. The paved area is striped for designation of recreation vehicle storage areas. The property is surrounded by a block wall, with the exception of the western boundary, where a chain link fence exists. Approximately 2.5 acres of the lot are within the Arroyo Simi floodway. 384 Los Angeles Avenue is generally flat with exposed surfaces finished mostly with dirt and asphalt. There are seven buildings on the lot, including two homes with detached • accessory garages, and three storage/barn buildings. Block walls, constructed by adjacent developments surround the property. Personal service and storage uses have existed on this site over the years. Currently, there are no active Business Registrations associated with this property. 40 Honorable City Council December 6, 2017 Page 4 Previous Applications: On October 2, 1974 the Ventura County Planning Director approved DP-113 for 4875 Spring Road for a contractor's storage yard with a 1,600 square-foot contractor's office building, and the Ventura County Planning Commission approved a 2,184 square-foot addition to this building on November 20, 1980. Although a Conditional Use Permit Pre- Application was submitted to the City on May 27, 1998, the applicant did not file a Conditional Use Permit application to entitle the existing use. In 2000 L.T. Development submitted plans for a similar residential project on the Spring Road portion of the property and the adjacent property which was subsequently developed as the Shea Homes Ivy Lane project. The L.T. Development application did not proceed. • On March 20, 2013, the City Council approved a Conditional Use Permit for the RV Storage at 4875 Spring Road. The permit is valid for five years with one five-year extension allowed. Spring Road LLC has requested the extension. This matter will be considered by the City Council in the near future. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use C-2 (General Commercial) CPD (Commercial Recreational Site And Floodway Planned Development) Vehicle Storage and 2 Homes North C-2 (General Commercial) CPD (Commercial Retail/Office Planned Development) Center Construction South L (Low Density Residential) RE (Rural Exclusive) Staging for Calleguas Pump Station East C-2 (General Commercial) CPD (Commercial Retail/Office Planned Development) Center VH (Very High RPD 12U (Residential West Density Residential) Planned Development— Residential 12 Units Per Acre) General Plan and Zoning Consistency: The applicant is requesting a General Plan Amendment and Zone Change for this proposed project. The current General Plan designations of the site are General Commercial (C-2) and Floodway. The current Zoning designation of the entire site is 41 Honorable City Council December 6, 2017 Page 5 Commercial Planned Development (CPD). The applicant is proposing to change the General Plan designation for the residential portion of the site from General Commercial (C-2) to Very High Residential Density (VH), with the corresponding Zoning of the residential portion of the site as Residential Planned Development 16.5 Units per Acre (RPD-16.5U). The portion within the Arroyo Simi would remain designated as Floodway in the General Plan, with Zoning changed from CPD to Open Space (OS). The General Plan designation of Very High Residential Density (VH) allows a maximum density of 20 dwelling units per acre with affordable housing. The proposed density of the project is 16.38 dwelling units per acre (95/5.8=16.38) for the portion proposed to be residentially zoned. The Development Agreement includes provisions 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 General Plan Amendment No. 2015-02: The applicant is proposing to change the General Plan designation for the residential portion of the project from General Commercial (C-2) to Very High Residential Density (VH). Zone Change No.2015-03: The applicant is proposing to change the Zoning of the site from Commercial Planned Development (CPD) to Residential Planned Development 16.5 Units per Acre (RPD- 6.5U) for the residential portion of the project and to Open Space (OS) for the portion of the project site in the Arroyo Simi floodway. 42 Honorable City Council December 6, 2017 Page 6 Vesting Tentative Tract Map No. 5972: Parcel Size (in acres) Development Area 5.7 Street Dedication 0.1 Arroyo Dedication 2.5 Total 8.3 Development Agreement 2015-01: As mentioned above, the applicant has requested a Development Agreement. 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 in the Development Agreement. The terms of the Development Agreement have been negotiated by the developer and an Ad-Hoc committee of the City Council consisting of Mayor Parvin and Councilmember Van Dam. The affordable housing requirement for the project is 15% (14.25 units) of 95 units in the project. Typically 60% (8.55 units) of the units are restricted for low income buyers and 40% (5.70 units) for very low income buyers. The Development Agreement proposes that all of the affordable units be sold to low income buyers with the payment of funds in lieu of 73% of one low income unit based on the actual differential value between the appraised value of the market rate units and the actual calculated affordable sales price to a qualified low income buyer. The proposal to have all of the affordable units sold to low income buyers is due to the difficulty in qualifying very low income buyers. The increase in the numbers of units from 14.25 to 15, a change from a mix of low and very low income to only low income units, and payment of the in-lieu fee, result in an equivalent financial obligation for the Developer to provide for affordable housing. The Development Agreement also provides for dedication and improvement of Los Angeles Avenue and a connection from Spring Road to a future trail along the Arroyo Simi. Finally, the Development Agreement identifies development fees consistent with those of other recent projects. Residential Planned Development No. 2015-02: Building Design A three-story townhouse architectural style has been proposed in 19 residential buildings with a single-story recreational building. The residential buildings are proposed in clusters of 3, 4, 5, and 6 dwelling units. Each unit includes a 2 car garage, accessed by an alley driveway. Courtyards between the buildings provide access to a 43 Honorable City Council December 6, 2017 Page 7 small patio for each unit. Three different floor plans are proposed, with a consistent architectural style throughout the complex. A standard level of architectural detail and sufficient architectural variety between units is provided to create visual interest. The square footage of the 3 unit types is: 1,505 (20%), 1,803 (60%), and 1,837 (20%) square feet, respectively. With three stories, consideration must be given to adjacent properties which may be affected by taller structures, with windows overseeing existing properties. This issue is discussed in detail in the analysis section below. The design of the buildings is a traditional conventional design. The elevations are proposed with neutral colored stucco walls with stone trim and red/brown variegated concrete tile roofs. As proposed, the higher level of architectural detail faces the interior courtyards, while the "rear" elevations, which face the driveways, are minimally enhanced. A condition of approval has been added requiring an increased level of architectural enhancement on these elevations. A small restroom and patio building with similar architecture is proposed in the pool and recreation area. Similar care will be required for the architecture and details of this building and a condition has been added as such. Setbacks Setbacks in the RPD Zone are determined by the Conditions of Approval as approved by the City Council on a project by project basis. This allows for flexibility of design while meeting market conditions and demand. Setbacks are typically defined as being measured from a building to the edge of the public right of way, or from property line to property line. In this case the only property lines will be at the perimeter of the property. Minimum setbacks between buildings are generally determined by the building code, parking, and circulation. Pedestrian Circulation Sidewalks are proposed on the main interior driveways, providing a pedestrian connection within the neighborhood and out to both Los Angeles Avenue and Spring Road. Traffic and Circulation A traffic study was prepared for this project by the applicant's traffic engineer and peer reviewed by the City's consulting traffic engineer. The applicant's traffic study assessed the project based on having vehicular access from Los Angeles Avenue, Spring Road, and Shoreham Drive (through the adjacent Ivy Lane neighborhood). The peer review, and further staff analysis determined the project should not have any access to or from Shoreham Drive. This would leave the only access to and from the project as Los Angeles Avenue and Spring Road. Both points of access would be right-in, right-out only given the close proximity to the intersection of Los Angeles Avenue and Spring Road from each driveway. The Spring Road driveway has been moved south to avoid the existing conflict with the existing driveway from the 44 Honorable City Council December 6, 2017 Page 8 adjacent commercial center to the north. Attempts to share driveways with the commercial center at both Los Angeles Avenue and Spring Road were not successful. No gates to restrict vehicle access are proposed as part of the project. Intersection impacts from this project will be mitigated by the payment of Intersection Improvement fees, a Standard Condition of Approval. The City Engineer/Public Works Director will determine the fair share of this project's contribution to needed intersection improvements. Traffic and circulation are discussed further in the analysis section. Parking For attached housing, the Zoning Code requires a minimum of one two-car garage per unit plus, on-half space per residence for visitor parking. Using this formula, a total of 238 parking spaces would be required. [(95x2)+(95x.5) =237.5]. Each dwelling unit has been provided with a two-car garage which would have a minimum interior clear area of 20 feet by 20 feet to accommodate two vehicles, for a total of 190 parking spaces. In addition, 52 on-street parking spaces are proposed along the driveways within the project for a total of 242 parking spaces. Landscaping/Recreation Currently, the front yard of the administrative building at 4875 Spring Road is landscaped with a lawn and several trees. There are a few trees in the customer parking lot. The remainder of the site (the recreational vehicle storage area) is completely paved and is not landscaped. There is an unpaved strip of land between the perimeter wall and the sidewalk that is not landscaped. There is very little ornamental landscaping on 384 Spring Road. With the exception of several mature trees on site, the lot is not landscaped. There are a total of 40 mature trees on the both properties as identified in the Tree Report dated December 2015. Per the Municipal Code and the Initial Study, enhanced landscaping will be provided on site, equal to the value of the removed trees. The applicant will be required to replace the 40 trees on the site in an amount equal to the • appraised value of the removed trees. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. The landscaping plan will be required to include riparian trees as mitigation. Proposed landscaping will consist of common area landscaping, including the recreation area, strips adjacent to walls, and landscaping along the Los Angeles Avenue and Spring Road frontages. Furthermore, the courtyards and interior street frontages will be landscaped prior to occupancy and will be continuously maintained by the Homeowners Association. In order keep the driveways from appearing like alleyways, landscaping, in the form of vines and shrubs, will be required to be installed in irrigated cut-outs between the garages. Permanent decorative trellis structures will also be required to 45 Honorable City Council December 6, 2017 Page 9 provide support for such landscaping. A condition of approval has been included to this effect. Site Improvements and National Pollutant 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 Pollutant 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. Flood Control, Grading, and Drainage The entire development site is within the 100-year floodplain, with the southern portion of the RV storage area within the Arroyo Simi floodway as shown on the latest FEMA maps. A condition of approval requires that, prior to the issuance of any building permit, a Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer that demonstrates the development area is outside the flood areas. The conceptual grading plan shows 100 cubic yards of earth to be cut, and 21,033 cubic yards of earth to be added as fill. A total of 26,924 cubic yards of earth are expected to be imported to raise the site to the proper elevation and provide for expected soil shrinkage upon compaction. This would result in up to 5,400 one-way truck trips (2,700 in with material, 2,700 out empty) to and from the site. The Vesting Tentative Map has been conditioned requiring the applicant to provide a grading and construction schedule showing routing for grading and development from Los Angeles Avenue and Spring Road subject to review and approval by the City Engineer/Public Works Director. Earth import and export will be restricted to entering and exiting from Los Angeles Avenue. Air Quality The project is estimated to result in approximately 6.15 tons of Nitrogen Oxides (NOx) per year and 4.93 tons of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval requires the project for the developer to pay a contribution to the City's Air Quality fund, reducing this impact to a less than significant level. No additional mitigation is needed. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for City Council consideration: 46 Honorable City Council December 6, 2017 Page 10 • Change to Planned Land Use and Zoning • Access, Traffic, and Circulation • Noise • Height of Buildings/Privacy • Arroyo Access Change to Planned Land Use and Zoning: The site is currently designated on the General Plan Land Use Map for general commercial uses and is zoned Commercial Planned Development (CPD). None of the current uses on the site are general commercial uses. The recreational vehicle storage yard at 4875 Spring Road would only be allowed in the Limited Industrial (M-2) zone with a CUP under current Zoning requirements. The active CUP was granted in 2013 as part of a settlement agreement, recognizing that the site was zoned M-2 by the County at one point in time. The County had also at one time zoned the property for residential uses. The CUP expires in 2018, and is allowed to be renewed once for an additional five years. The applicant has requested an extension to allow continued use of the property for RV Storage until it is developed for other uses. The other property, at 384 Los Angeles Avenue, currently has two homes and a few industrial/storage buildings on the site without use by any registered business. The property had a commercial business (nail salon) at one time; however, that use has been gone for several years. The site is in a transitional area between commercial uses on the corner of Los Angeles Avenue and Spring Road and residential uses to the west. It is not in a prime visible location for commercial uses, and access is limited. A 2016 Keyser Marston report prepared for the City, which was partially funded by this project, concluded that the City has too much land designated for commercial uses than the market demand could support, and it recommended rezoning less optimal sites for residential uses. The change to residential use of both properties will help support existing businesses in Moorpark. The proposed project is consistent with the recommendations of the Keyser Marston report. Access, Traffic, and Circulation: As mentioned earlier in this report, the traffic study, peer review, and further staff analysis determined the project should not have any access to or from Shoreham Drive. Shoreham Drive was designed to provide limited access to a possible extension of the Ivy Lane neighborhood, in conjunction with the other small streets which abut this property. Shoreham Drive by itself was not designed to act as a collector street, which would handle the traffic of an entire neighborhood. This would leave the access points to and from the project as Los Angeles Avenue and Spring Road. A driveway on Spring Road would necessitate consideration of whether or not left turns in and out of the project should be permitted. Such a driveway would be very close to the Spring Road Bridge, the- Gateway Plaza driveway, and the Los Angeles Avenue/Spring Road intersection. Currently, the Moorpark RV Storage and Gateway 47 Honorable City Council December 6, 2017 Page 11 Plaza driveways both allow right and left turns onto Spring Road, as does the Moorpark Plaza driveway, across Spring Road. Due to the current traffic patterns, the light daily traffic from the RV storage, and the alignment of the driveways, this has not proven to be a major problem. However the traffic volumes from the project would impact the existing commercial driveways on Spring Road if left turns were allowed. As mentioned previously, the applicant attempted to create shared driveways with the commercial center on both Spring Road and Los Angeles Avenue. These attempts were unsuccessful and thus the driveways have been designed to remain separate. A condition of approval has been added requiring all traffic entering and exiting the project be restricted to right-turn-in/right-turn-out only at the Los Angeles Avenue and Spring Road driveways, mitigating the traffic impacts from Los Angeles Avenue to the Spring Road Bridge and creating a safer condition. Such a restriction would require drivers to change their driving patterns. For example, they may choose to use Tierra Rejada to access the 23 freeway instead of Los Angeles Avenue. In addition, the project driveway at Spring Road has been relocated to the south to increase distance from the commercial driveways. Noise: Due to the proximity of the project to Los Angeles Avenue and Spring Road, an 8-foot high (on the house side) soundwall will be required along the project frontage. This wall will be set back from the sidewalk along Los Angeles Avenue with landscaping 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, and Spring Road as well as the homes adjacent to the commercial center. These noise attenuating measures are similar to those used on the Ivy Lane and Canterbury Lane projects. Height of Buildinqs/Privacy: The proposed residential buildings are three stories, with an overall height of approximately 37 feet. Third story windows will extend to a height of approximately 29 feet. This creates a situation where the 3-story homes are proposed adjacent to existing 2-story homes in the Ivy Lane neighborhood of approximately 28 feet in height. The applicant has proposed a 10 foot setback to the second and third stories of the buildings on the western boundary of the property. The existing Ivy Lane homes are approximately 5 feet from the property line. On the northern half of the property, the finished grade of the proposed homes is approximately 2 to 4 feet below the adjacent Ivy Lane homes. On the southern half of the property, the finished grade is approximately equal. In order to mitigate privacy concerns, the applicant has proposed clerestory windows on the elevations adjacent to 2 story homes. A condition of approval has been added, requiring such windows, and further, requiring the bottom of such windows not be lower than 5 feet from the adjacent floor. 48 Honorable City Council December 6, 2017 Page 12 Arroyo Access: The Arroyo Simi is currently accessed from an unimproved dirt area which is currently part of this property. The property currently extends across the Arroyo. The portion of the property within the Arroyo, shown as Parcel X, will be dedicated to the Ventura County Watershed Protection District. In order to improve future access to the proposed Arroyo Simi trail from Spring Road, a condition of approval has been added requiring a public pedestrian access easement and improvements from Spring Road to the Arroyo Simi to the satisfaction of the Community Development Director and City Engineer/Public Works Director. 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 buildings 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. 2015-02, in that the proposed project will provide for an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial 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. 2015-02, in that it would allow for the provision of an increased variety of housing types as well as affordable housing in a design that is both compatible in scale with surrounding residential and commercial 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. 2015-02, in that they will provide an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. 49 Honorable City Council December 6, 2017 Page 13 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, is relatively flat, is physically suitable for the proposed density of development at 16.5 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. 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. 2015-02 and Zone Change No. 2015-03, in that the proposed project will provide for an increased variety of housing types as well as affordable housing in a design that is both comparable 50 Honorable City Council December 6, 2017 Page 14 in scale with surrounding residential and commercial 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 Spring 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), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). The applicant has elected to process the Vesting Tentative Map and Residential Planned Development concurrently with the General Plan Amendment and Zone Change. 51 Honorable City Council December 6, 2017 Page 15 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, hydrology, and noise 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 City Council review and consideration. The comment period for the Mitigated Negative Declaration was from October 2 to November 3, 2017. Comments were received from Ventura County Air Pollution Control District, California Department of Fish and Wildlife, Ventura County Watershed Protection District — Groundwater Resources, Ventura County Watershed Protection District — Watershed Planning and Permits, County of Ventura Public Works Agency Transportation Department, and California Department of Transportation. A comment was received from Ventura County Air Pollution Control District related to conditions to be placed on the project to help minimize fugitive dust, particulate matter, and creation of ozone precursor emissions. Air quality has already been addressed in the mitigation measures found in the Initial Study. The Ventura County Watershed Protection District (Groundwater Resources, Watershed Planning and Permits provided comments related to the mitigation of the potential impacts of the proposed project on the hydrology and hydraulics of Arroyo Simi. Mitigation measures and conditions of approval have been included to address these concerns in the Mitigated Negative Declaration. The California Department of Fish and Wildlife provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. This response is included in the Mitigated Negative Declaration. As a result, additional mitigation measures have been included. A biological monitor (ornithologist) will be present during ground disturbance activities, if deemed necessary following discussions with CDFVJ. These issues are addressed in detail in the Mitigated Negative Declaration. The County of Ventura Public Works Agency Transportation Department and California Department of Transportation provided comments related to the mitigation of the potential impacts of the proposed project on traffic and transportation. Conditions.of approval have been included to address these concerns in the project conditions. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 52 Honorable City Council December 6, 2017 Page 16 1. Publication. The notice of the public hearing was published in the Ventura County Star on November 24, 2017. 2. Mailing. The notice of the public hearing was mailed on November 21, 2017 to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square-foot sign was placed on the Spring Road and Los Angeles Avenue street frontages on November 22, 2017. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. 2017- adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2015-02. 3. Introduce Ordinance No. , approving Zone Change No. 2015-03, for first reading, waive full reading, and place this ordinance on the agenda for December 20, 2017, for purposes of providing second reading and adoption of the ordinance. 4. Adopt Resolution No. 2017- approving Vesting Tentative Tract Map No. 5972 and Residential Planned Development Permit No. 2015-02. 5. Introduce Ordinance No. , approving Development Agreement No. 2015-01, for first reading, waive full reading, and place this ordinance on the agenda for December 20, 2017, for purposes of providing second reading and adoption of the ordinance. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Vesting Tentative Tract Map 5972 4. Project Exhibits —Available online (see Attachment 4 for list and links) 5. Draft Resolution Adopting the Mitigated Negative Declaration and Approving GPA No. 2015-02 6. Draft Ordinance Adopting ZC No. 2015-03 7. Draft Resolution Approving VTTM No. 5972 and RPD Permit No. 2015-02 8. Draft Ordinance Approving DA 2016-01 53 Location Map 0 — °' Moonson Gt Jam_ Sherman Ave f ,z___ _...r 1� "`���`"`....N __ —_ Legend '– _ "s , E Los Angeles AYr _413rim 23 118 ;' . .lii4ew Los Angties Ave - Centerlines gP 1 Parcels City Boundary Moorpark Area Of Interest r, t II fr -.i1Jstcott �. - c # a �-f. o. c gl t / n fy f f I. „....., eats' / › .. .. SITEo'�° : ' 1 ..,----- / —1 C) 0 Pdajestic C# 2 -- _ _____,------- _,:,...444:it,, rx E r1-717 ` � rn C} U � Pa7dt•w fi \•,,,,, 1 \ - Z --i 0 — .....- .., ...., „,.-:,— „. / -.A ---7 . \ \\\\ \N<./..../ 60044 , 7 , . ,. /� \ +4______-,–.----..,, q�„,„..„ ,.0 ...../ f ( ,,..p.,- \-- , . - _- _ .t 200m Bel\a vista O; \ \• „,_..,..„\\ r soo ft s 1” = 376 ft Spring Road LLC 11/17/2015 -,,,, i tot gel ,+*. s UThis map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. ,Nplease contact Moorpark staff for the most up-to-date information. Aerial Photograph A< . * 4 P ��+ 1 . . _ % - E Legend .-111r r.r e_ ' r Parcels u _ _ City Boundary ` �—w� _•-- _ Moorpark Area Of Interest r _ � r• u . mir- r Ii At ' - • 111 z. - -� `sr ,4'lir ,holik041101111' 1 L t � a �� �a . sts„1,4_,0_ .. . , _. „.. .--.0., 1%4 i 0 LI % .4 , . , itimissinsil .„4,-.:a. "F 6.1": 1 ' , -ali ' i . , , 4. ______-. ' 1 ..„.rte J 8. ��"x'11 l`; �� '! D t..3 r 1 d. ' mL ;, ci,... ,r Al- ,� .� -� _ II Irl;- II.loo•Alk t �I , a .,a , ,...\ "# -. . , .,...0,"i` E ylit E. ill ,t it, I . .2[ r & 1 -„Jr'''' ‘',...'. 1. % °� . ` y '' "'-r' I s� 2, i! .. ]i 4 tr , i .� -,g ,,i IT r , , Ali �' k ,. Y r ig Cii , 4rri I" `r 014. fir__ # . r ..... 0 r 5r- .1- , „.,.0....•- ,.. , S , ' '' ,' . � , 7 - NI* �? 200 ni Ga> ' s F AAS 1" = 376 ft Spring Road LLC 10/18/2017IP - I .?r - . This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. ui please contact Moorpark staff for the most up-to-date information. • • • • MISFITS GOR 01035E PROJECT INFORMATION PR(AC) M LOTTING• VESTING TENTATIVE TRACT MAP NO. 5972 O MEAff1FNT FOR Kam UTILITIES AM IKIOEMAL P.M.S.REO]ROEO JAY 24. 060901 10[ IDT MFA(M) MEA(3) LAMA USE IBTi SPRING ROM ON PAC 11 OFFICI.RD.TIO TDR I VM 60 SDITNE LOT 1 19.718 219.092 50 RE5106MIAL GLIFD�RNI�miSO!CCM.A�WIRORATIa.r0 K1lKIu Fn COOVSIMINI1 888194 91AU LLC - E1 1100 MITI.ROM '• ,;._-. M EASEMENT FM PUBLIC I[UTILITIES AINCIDENT.P.O. CREC..SFPTEIHA • HIOOCN RILLS• .CA 91350 --:... +- ... L_. 8 ,9 16,19113 AS Bop(839,PALE 365 OF OFFICIAL RECORDS.IA IN 7 FA.CF SOUTHERN._ _. . MLIFCRNIA EDISON COMPANY.n CORPORATION.TO REMAIN MIKE AS4.67 AMC.K 2.501 108,94931 VLFD DEDICATION• (1318)888-6169 8/8 0.116 5,051.47 '00020 60DIGTION - _ -- '+ '`" '. . O AN 90909 OS FM INDLIC UTILITIES MO INCIAEMAL P.00S,165,RECDROEO.NNYRY SPR NG - .__....__. -.. ++^--. II,1959 AS BOM 1693,PAM SA OF OFFICIAL RELOADS.IN FAVOR OF SOUTIERN AMIITLTT GROSS NFA 6.335 363,089.31 SPRING ROAD __. MLRMNIA EDISON=PANE,A COPMATIM.TO REMAIN EMILLA MCU'ARCHITECTURE --_- s - DECEMBER 19M5 MORTN.R BLVD SUITE 270 IAT MEA 5.329 232 121 136 _ s AS EASEMENT17CO SERER4 POSE IK ND FICIS.TRECO.PURPINS,VORRECOF..O.A -- -- -- --- 2,1087 TE 6006 3DI8 RICT 592 M OFFICIALBEIN FAVOR 6 v[uiCRA IRYIS.CO 92612 ppy1F( WPM 1237 31-2 RMt 1Ai --- -"" -- CoO CpM1Y RATERMhS DISTRICT Np 1.PORTION i0 BE WIT2AIIED • MASS qUY a CONCRETE CURB.Ar ME 5[[M • PX(949)BSIiOep OF M BO 45[C10u OF ROBERT.AVE MO 1 _ -_ _- �. -. -....- - - 1AS9 9 AS INT FOR NT ID UTILITIES NO INCIDENTAL REC MS INF,OR Of S JT.16 110094 PUDE um PG 496 02 SPRNG BO xA E TOUWOOD TROY IRF CE9W _ -.--- x -- CALIFORNIAIEDUEM w e9-0956C1 60 OFFICIAL T 08 0492 IN FAVOR S S61T1ERN O MC MAKE 10 WOOD CREEK APT.32 FI "�- O CAL IMA EOISON LCIPANY A CORPORATION.TERM AM PROVISIpb IN TK MOVE •FLD00 201E 260E AE,YM NEMER 0611100619E D.soma.,FROM 004 0 06111 Cf SPAM 11!00683 n - 1171- I" ih iS 1 UAf.p-, 1�' • 0,5 C05NT • • -1 f"M'BG G411S'- 173 81. N OD•el 46•■123,16' ELEV 528.21.190(MVO 88) _ _. •�! AN EASEMENT FORMI MAINTAIN A 5nNO[001111.FA6ITI S M IW DE MORE LEDN DESCRIPTION __ - _ _ LMERDEDL P IT23 P200 LAS1 NO R 711 0D 2001-00707 4- 110 01101 L LEC2s. -�- _��• © RECORDED APRIL 23.2061 A$IwTRUEM 00 1001-0071706-00 O'OFFICIAL REcpos GRAM DEED OOCUEM N0.20130625-00113051-0 .1 \ R �, IN FAVOR OF CALLEDLVS Y.NICIPAL RATER DISTRICT.TO REMAIN I I� 0 `19- TIE FACT TNAT TS LMO LIES WITHIN TE BOIRMRIEB OF TE CITY OF MORPAR2 PARCEL 1: THAT PORTION OF LOT 56,PAP OF FREMONT.IN TIC CITY 1 1OOPAR4.COUNTY OF VENTURA, I7N�I rry ..m ■ - F Jj O REDEVELOPI0 6 PR0ECT NEA AS DISCLOSED BY TE 00035011 REC..JAY 12. STATE O CALIFORNIA.M PER INP RECO CED IN 6001(3 60 TIE COUNTY RECORDER OF SAID COUNTY II I7 T, I i ° (L Ir. y II , nes AS 11STRMEM w 89-106892 M OMICIAL WORDS.TD REMAIN 1 O:SCRIED AS Fp10\5: i {� J :03 1 - v TE UREw AM O PROVISIONS CONTAINED IN TE D0CLAINTPOLI)ENTITLED AMEESM EGINNiw ATA POINT IN TIE EAST LIS OF SAID LOT 56,AT TIE NORTHEAST CORER 60 THE LAND - I P •I�1 '‘-t!!1 Q DEWED BY MO MM.0006114 60 VENTURA,A POLITICAL 4MDIV ISION M TE CMVEYm TO COJUO WILL BY DEED RECMED OCTpBED 21.1953 IN BOM 1163,PAGE 510 60 OFFICIAL I A �® _ - PIP STATE OF CALIFORNIA A CONSTRUCTION GOWNIV,A CALIFORNIA CORPORATION • I C'YI lia. ' •I -E 50 tj fir • n ' AMOED wvEIBA IS TBT.n5 BOOK 4492 PAGE 936 O 601011(RECMOS.TO 01011MOORED,FROM MICR TIC N5RT0UST CORNER 60 SAID LOT 58,EARS NERTX 338.8 FEET.THENCE ALONG TS • J FL - 1101. - - - KRTH AM WEST LIS 60 SAID LARD 60 WILL.IST: WEST 110 FEET; THENCE,2N} SOUS 486.92 FEET TO ' TE SOUTHERLY LIS O'SAID LOT 56, TIENCE MORE SAID SOUTIERLY LIS 3RD SOUTH 46.45•WEST 526.53STREET1L'S - - FEET,YORE M LEA, TO THE YDS1 SOUTHERLY CORER 60 SAID LOT 56. DUCE ALONG TE WESTERLY LIS . I IC _ TIERED".4104 00673 787.58 FEET,ME DR LESS.TO TIE%UTERI,EAST CORER 60 TNE LAND CONVEYED H (PRIVATE) (PRIVATE) i. C) TO YORE J TEEL AND WIFE BY DEED RECORDED AUGUST 10, 1951 IN BOM 1014.PAGE 111 OF OfFIC1AL n - ---- - --- FEET TO THE SOUPIEST CORNER.01104 AH GS LINE DEREOF, TO LARRY EAST ALBE656 FEEEDT;;ENS.6THFF BY ECO RNORTH 100 ECORDED 41r" W S u I II I i I.. I mo. .CR�©`T I .. OCTOBER 18,1955 IN BOO(1345,PAGE 146 60 OFFICIAL RECDRDS DEKE 7TH EAST LIS 60 SAID LOT I 56- THENCE,13TH SCION 20 FEE 050E DR LOSS TO TIE POINT 60 BEGINNING. 1 I� �.._• I. < �� (,,j' y. ,- ry 1• it PARCEL 2: r CO CC L �/ 4pp • J THAT PCOOTION Cr OF TIE • -• :v v ¢� CALIFORNIA AS PLOT 56 THEREOF TRACT. ROd.DIN TIE ECITY 10 LODRPARCOI.NL COUNTY 10 00 60 SAIDSTATE COINTY IN II���R��T��,ll�'� I .d.. ] $? O OO . &,U 9001(S.PAGE 39 60 MAPS.DESCRIBED AS FOLLOWS: EGINIING AT A POINT IN THE EAST LIE OF SAID LOT Nl _ I�' 0 \ 104 56,MIM SEARS SOUTH 338.8 FEET FRM TIE NORTIEAST GORIER OF SAID LOT; )SSE 410NG SAID EASTAIIIIIIIIM 0 EMI 11111111010111 �; 1, i II III II I I. 1. --\ �.. Ni/ k> - s« LIS,1ST_ 90-0104 383.11 FEET TO TE.06004935.1 CORER 60 SAID LOT 58;THESE ALMS TIC.0119.14 '�' % D LIS 60 SAID LOT.2005 SOUTH 56.15'EST 151.02 FEET TOA POINT:DEICE ALONG A LIE PARALLEL TO ' '5, ti O J ---\ SAID EAST LIE,381 MOTH 186.92 FEET TO 744 POINT 60 INTERSECTION WITH A LIE MILH EMS EST 1 'r STREET _-. '.7 STR'FT •I _ • �lj, ��.R�Ny�� FROM TS POINT 60 BEGINNING, 3EKE.IM EAST 110.00 FEET TO TE POINT 60 BEGINNING. PRIVATE) N. _ PRIVATE) �^ PARCELX :1: n PARC1929 OR 119 !1,1[1111111 ]II IBJ II III _Jii II II I III .I AM 508-0-D20-640 • (. - �. -- - R 'f1 -n FL •,•26.,9- ..7...�WLl�ttttw- ,_ I • • 1 �'i 'u�}all !� A'STREET " LOT 1 m '' I �i�� � t (PRIVATE) 5.718 APC �(PRISTRy EER11. ' ®� I �'li • llini FSI• e •mat�r wCO i_ [ . a�Ip� ♦` d, SZi 1� Fiiiiz �! T.i rift mg; _. a gE l� ° EI� �;' • C. g �W � il�l��fr:o• d� 1� , Ilia IA t'. 'NCI Inii'i.tacK1 _Eli :' I Allir..i'mmei R SI I n 34.644u• *46// N-89'..•00.0.358.80' ___ _ N 8' w.• . .Jt( III 11.1 • EXISTING TRACT 5425 I EXISTING TRACT 5425 PEMBURY CT HERNE BAY CT SHOREHAM DRIVE STONEBRIDGE CT UTILITIES PARKING SUMMARY RATER CALLED.14 CALLEDNa ICIPAL WATER DISTRICT RATER SEER VENTURA COUNTY NG TY TEORM DISTRICT 1 E�IIPTIM I W119 SHEET IROEX 2100 OLSEN ROAD PO BDA 250 , DOUSAM OAKS,CA 91360-6800 G 93020 805.!79.)138 505.376 1015 STANDARD PNCING STALLS 11 VESTING TENTATIVE TRACT YAP 1 ' • ELECTRICAL'. SOUTERN CALIFORNIA EDI. CARE: TIS RARER CAPE PARALLEL PARKING STALLS 43 09001040 9006194 W CRAINE PIAN 2 3589 FOOTHILL DRIVE 2525 KNOLL ME GARAGE MCKIM 190 CO0PTOAL UTILITY PVN 3 0 M 60 120 T.D..,DMD; LA 936 91003 PMP•235 4875 SPRING ROAD (605)941-7016 91005(605)732-9471 TOTAL PATOIIw STALLS 247 - 1. TE.8027E: ATR)-DISTRIBUTION ---..-- [ CAL SU35TO1CT1aE 190.6 MOUEST 5860 RESEAL CONSTRUCTION W D.AE. 60ur7Arm TAMARA.CA SHEET 91356(805)386-1426 P CA E GREEN SNOT 'R' id]00 OIL PROMO. LEGGINPIPELINELP D ELAN E VESTING TENTATIVE TRACT MAP GAS: Sn ERN CALIFORNIA GM-STY) UTILITY COMDR NO.5972 1 t 9400 c6DALE AVE,14.9331 3760 KILROY AI�pDR RT RAY L N N�i(N L L 1-:I N'..70 • 810.701.3406_99915 p 3.G 91311 LOG EAS,G 9060 RNN,........%...................3.c.. 106,. B1Bw LAN%LPARTIENT\MIASpPL.CM 11` , a RINFl..aT SPRING ROAD, LLC ,.'0041 o.0as 5 • UT 60'1 PROJECT EXHIBITS 1 . Vesting Tentative Map a. Vesting Tentative Tract Map 5972 b. Conceptual Grading and Drainage Plan c. Conceptual Utility Plan 2. Conceptual Landscape Plan 3. Conceptual Fence and Wall Plan 4. Architecture 5. Colors and Materials 57 CC ATTACHMENT 4 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING GENERAL PLAN AMENDMENT NO. 2015-02 FOR A CHANGE OF LAND USE DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO VERY HIGH RESIDENTIAL DENSITY (VH), ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE, ON THE APPLICATION OF SPRING ROAD LLC (MIKE ASHLEY, DON DUNCAN) WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending that the City Council adopt a Mitigated Negative Declaration and approve General Plan Amendment No. 2015-02, to amend the General Plan land-use designation from General Commercial (C-2) to Very High Residential Density (VH), on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan); and WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for General Plan Amendment No. 2015-02 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared for the project referenced above together with any comments received during the public review process and determined that, with the incorporation of changes to the project or conditions of approval to mitigate potentially significant impacts with respect to biology, hydrology, and noise 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. CC ATTACHMENT 5 58 Resolution No. 2017- Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL FINDINGS: The City Council finds and declares as follows: A. The Mitigated Negative Declaration and Initial Study prepared for the project are complete and have been prepared in compliance with CEQA, and City CEQA Procedures. B. The Mitigation Measures have been incorporated into the project conditions of the accompanying Vesting Tentative Tract Map and Residential Planned Development. C. With the incorporation of the Mitigation Measures into the project conditions, the City Council finds on the basis of the whole record before it that there is no substantial evidence that the proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, which includes General Plan Amendment No. 2015-02; Zone Change No. 2015-03; Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972; and Development Agreement No. 2015-01, will have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment of the City Council. SECTION 2. ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM: The Mitigated Negative Declaration prepared for the proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, which includes General Plan Amendment No. 2015-02; Zone Change No. 2015-03; Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972; and Development Agreement No. 2015-01, along with the Mitigation Monitoring and Reporting Program, all attached as Exhibit "A" and incorporated herein, is hereby adopted. SECTION 3. APPROVAL OF GENERAL PLAN AMENDMENT: General Plan Amendment 2015-02 is approved, amending the General Plan Land Use Map as proposed in Exhibit "B" attached hereto and incorporated herein. SECTION 4. The effective date of General Plan Amendment No. 2015-02 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2015-03 and the Ordinance for Development Agreement No. 2015-01, whichever occurs last. 59 Resolution No. 2017- Page 3 SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of December, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A: Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Exhibit B: General Plan Amendment Map 60 Resolution No. 2017- Page 4 aQ°aK c44 o iletOV- CITY OF MOORPARK INITIAL STUDY oo • , 6 799 MOORPARK AVENUE 4® =-1^ MOORPARK, CA 93021 TE° (805) 517-6200 Project Title: Spring Road LLC Case No.: RPD 2015-02, GPA 2015-02, ZC 2015-03, VTTM 5972, DA 2015-01 Contact Person and Phone No.: Mike Ashley (818) 888-1257 mike@ashleyconstructioninc.com Name of Applicant: Spring Road LLC (Mike Ashley, Don Duncan) Address and Phone No.: 5300 Whitman Road Hidden Hills, CA 91302 Project Location: 4875 Spring Road and 343 Los Angeles Avenue General Plan General Commercial (C-2) Zoning: Commercial Planned Designation: Development (CPD) Project Description: A request to develop ninety-five (95) townhouse condominium dwellings and a recreation facility on 8.25 acres, located, south of Los Angeles Avenue (Hwy 118) and west of Spring Road. The application consists of a Residential Planned Development (RPD), a tentative tract map to subdivide five parcels into one lot for condominium purposes, a General Plan Amendment (from General Commercial to Residential Very High Density and Floodway) and a Zone Change (CPD to Residential Planned Development[RPD] and Open Space [OS]). Surrounding Land Uses and Setting: North: Shopping Center, Los Angeles Avenue, Single Family Residential South: Arroyo Simi,Single Family Residential East: Spring Road,Shopping Center West: High Density Residential 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 Hazards and Hazardous Materials X Hydrology/Water Quality Land Use/Planning Mineral Resources X Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None 61 Resolution No. 2017- Page 5 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: Joseph Fiss, Planning Manager Date: October 2, 2017 Reviewed by: David A. Bobardt, Community Development Director Date: October 2, 2017 62 Resolution No. 2017- Page 6 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM 1. NOISE. A sound wall, at least eight (8) feet in height, shall be constructed along the Los Angeles Avenue and Spring Road Frontages, and adjacent to the commercially zoned property. Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway 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 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 Plan Check and Physical Inspection Action: Timing: Prior to issuance of Building Permit and Prior to Occupancy of Units Responsibility: Community Development Department 2. BIOLOGICAL RESOURCES. The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall include a riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. Monitoring Community Development Director to review pre-construction landscape and Action: irrigation plan. Timing: A landscape and irrigation plan must be submitted and approved prior to • issuance of a Zoning Clearance for grading. • • Responsibility: Applicant and Community Development Department. 63 Resolution No. 2017- Page 7 At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. Monitoring Community Development Director to review pre-construction nesting bird Action: survey. Timing: At least thirty days prior to issuance of zoning clearance for tree removal. Responsibility: Community Development Department If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. Monitoring Community Development Director and City Engineer/Public Works Director to Action: review grading and construction plans Timing: At least thirty days prior to issuance of zoning clearance for grading permit Responsibility: Community Development Department and Public Works Department 3. HYDROLOGY AND WATER QUALITY. 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. In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project can not impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event(10-, 25-, 50-, and 100-year). The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for both the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. Monitoring Inspect drainage and flood control improvements to the Arroyo Simi and/or the Action: 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 64 Resolution No. 2017- Page 8 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. Signed Original On File Signature of Project Applicant Date 65 Resolution No. 2017- Page 9 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. If approved, the buildings will be three stories, with an overall height of approximately 37 feet. Third story windows will extend to a height of approximately 29 feet. The applicant is proposing to align the buildings on the west side with an east-west driveway alignment, the same as the adjacent Ivy Lane homes. This creates a situation where the 3 story homes are immediately adjacent to 2 story homes of approximately 28 feet in height. This has the potential to substantially degrade the existing visual character or quality of the site and its surroundings. Architecture, window sizes and locations, and landscaping will be evaluated for consistency with City standards. Units adjacent to existing residential property have been designed to have clerestory windows at least six feet above the finished floor level on the elevations adjacent to existing residential property. Sources: Project Application and exhibits (11/17/15), General Plan Land Use Element(1992). Mitigation: None required. 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? 66 Resolution No. 2017- - Page 10 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? Response: This is an infill project, is in an urban setting and does not affect agricultural resources. Historically, this site was used for commercial and storage purposes. The Ventura County Important Farmland Map classifies the site as"Urban and Built-Up land. Sources: Project Application and exhibits (11/17/15), 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 6.15 tons of Nitrogen Oxides (NOx) per year and 4.93 tons of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air Pollution Colitrol 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 Air Quality fund, reducing this impact to a less than significant level. No additional mitigation is needed. The Ventura County Air Pollution Control District provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on air quality (attached). Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003). Mitigation: None Required. 67 Resolution No. 2017- Page 11 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D. BIOLOGICAL RESOURCES—Would the project: 1) Have a substantial adverse effect, either directly or x through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat x or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 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 effects to biological resources. This project does propose the removal of mature trees, both native and non-native from the site, requiring mitigation in accordance with the Chapter 12.12 of the Moorpark Municipal Code. The California Department of Fish and Wildlife provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources (attached). Mitigation Measures have been amended to incorporate these recommendations. Sources: Horticultural Tree Report/Project Application and exhibits (11/17/15), California Department of Fish and Game: Natural Diversity Data Base-Moorpark and Simi Valley Quad Sheets (1993). 68 Resolution No. 2017- Page 12 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation: The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall incorporate an onsite riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. The buffer shall be within the common area landscaping adjacent to Parcel X. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. 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? 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 outside of formal cemeteries? X Response: Due to the highly disturbed urban setting of the site, there are minimal adverse effects to cultural resources. There are no known or expected cultural resources on the project site. Sources: Project Application and exhibits (11/17/15) Mitigation: None required. 69 Resolution No. 2017- Page 13 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? Response: 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 (11/17/15), 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 adopted for the purpose of reducing the emissions of • greenhouse gases? X 70 Resolution No. 2017- Page 14 Response: 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 far below those adopted to date by any air district in the state. Therefore, the project specific and cumulative impacts to greenhouse gases are less than significant. Sources: Project Application and exhibits (11/17/15), 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? 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, x where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip,would x the project result in a safety hazard for people residing or - working in the project area? 7) Impair implementation of or physically interfere with an x adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, x injury or death involving wildland fires, including where - wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 71 Resolution No. 2017- Page 15 Response: There are no known hazards on the project site, nor will new hazards be created as a result of the project. Sources: Project Application and exhibits (11/17/15), General Plan Safety Element(2001) Mitigation: None required. I. HYDROLOGY AND WATER QUALITY—Would the project: 1) Violate any water quality standards or waste discharge X requirements? - 2) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 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 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? 72 Resolution No. 2017- Page 16 Response: The site is partially within a within a FEMA identified 100-year flood hazard area. On site grading and improvements may affect existing drainage patterns. The Project Site is located immediately north and adjacent to the Arroyo Simi which is a Ventura County Watershed Protection District (District) jurisdictional redline channel which is regulated under Watershed Protection District Ordinance WP-2 enacted October 13, 2013. The proposed development will generate a significant amount of impervious surface area as well as drainage connections to the Arroyo Simi. The Ventura County Watershed Protection District (Groundwater Resources and Watershed Planning and Permits Divisions) provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on hydrology and water quality (attached). Sources: Grade Drainage Study/Preliminary Geologic and Geotechnical Engineering Study/Project Application (3/14/03), Ventura County Watershed Protection District, 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. In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project cannot impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event(10-, 25-, 50-, and 100-year). The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. 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? 73 Resolution No. 2017- Page 17 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. Sources: Project Application and exhibits (11/17/15), 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? Response: There are no known mineral resources on site. Sources: Project Application and exhibits (11/17/15), 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? 74 Resolution No. 2017- Page 18 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 and Spring Road. Sources: Noise Study/Project Application and exhibits (11/17/15), General Plan Noise Element(1998) Mitigation: A sound wall, at least eight (8) feet in height on the project side, shall be constructed along the Los Angeles Avenue and Spring Road Frontages, and adjacent to the commercially zoned property. Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway 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 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 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 (11/17/15) Mitigation: None required. N. PUBLIC SERVICES 75 Resolution No. 2017- Page 19 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 (11/17/15), General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. O. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational - facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X 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 (11/17/15), General Plan Open Space, Conservation, and Recreation Element(1986) Mitigation: None required. 76 Resolution No. 2017- Page 20 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 not reduce the level of service (LOS) of intersections in the area. Access to the site will be provided from the Los Angeles Avenue and Spring Road. Adequate parking will be provided on site, including within garages, driveways and on public and private streets. 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. 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. The County of Ventura Public Works Agency Transportation Department provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on transportation and traffic(attached). The California Department of Transportation provided comments and recommendations to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on transportation and traffic(attached). Sources: Project Application and exhibits (11/17/15), General Plan Circulation Element(1992) Mitigation: None 77 Resolution No. 2017- Page 21 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 (11/17/15), Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002). Mitigation: None required. R. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality x of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually x limited, but cumulatively considerable? ("Cumulatively considerable"means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will x cause substantial adverse effects on human beings, either directly or indirectly? 78 Resolution No. 2017- Page 22 Response: This is an infill project on a substantially disturbed site within an urban setting. Sources: See below. Earlier Environmental Documents Used in the Preparation of this Initial Study None 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 11/17/15. 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. Attachments: Correspondence from Ventura County Air Pollution Control District Correspondence from California Department of Fish and Wildlife Correspondence from Ventura County Watershed Protection District—Groundwater Resources Correspondence from Ventura County Watershed Protection District—Watershed Planning and Permits Correspondence from County of Ventura Public Works Agency Transportation Department Correspondence from California Department of Transportation 79 • Resolution No. 2017- Page 23 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT Memorandum TO: Joseph Fiss,Economic Development and Planning Manager,City of Moorpark DATE: November 2,2017 FROM: Alicia Stratton SUBJECT: Request for Review of Mitigated Negative Declaration for Development • Agreement 2015-01,City of Moorpark(RMA Reference No. 17-022) Air Pollution Control District staff has reviewed the subject Mitigated Negative Declaration(MND),which is a proposal for a 95-unit condominium project on 8.25 acres. The project location is the south side of Los Angeles Avenue,West of Spring Road and north of Arroyo Simi in the city of Moorpark. Page 3 of the MND addresses air quality issues. This discussion indicates that air quality impacts from the project would be greater than the 25 lbs/day threshold of NOx and that a standard condition of approval has been added to the project for the developer to pay a contribution to the City's Air Quality fund,thereby reducing this impact to a less than significant level. The discussion also indicates that the project is estimated to result in approximately 6.15 tons of NOx per year and 4.93 tons per year of ROG. We are aware that the City of Moorpark assesses annual air pollution impacts,not daily emissions. Please note that Ventura County Air Pollution Control District's air thresholds for significance of development projects is 25 pounds per day for reactive organic • compounds(ROG)and oxides of nitrogen(NOx)as described in the Ventura County Air Quality Assessment Guidelines;according to this measurement,the project as described would not exceed this daily threshold for these pollutants. And although the discussion also indicates that no additional mitigation is needed,the District recommends the following conditions be placed on the project to help minimize fugitive dust,particulate matter and creation of ozone precursor emissions that may result from the project: 1. The area disturbed by clearing,grading,earth moving,or excavation operations shall be minimized to prevent excessive amounts of dust; • 2. Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. 80 Resolution No. 2017- Page 24 Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; 3. Signs shall be posted onsite limiting traffic to 15 miles per hour or less. 4. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e.,wind speed sufficient to cause fugitive dust to impact adjacent properties). During periods of high winds,all clearing,grading,earth moving,and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard,either offsite or onsite. 5. Personnel involved in grading operations,including contractors and subcontractors,should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations;and, 6. Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible to the public off the site:(805)645-1400 during business hours and(805)654-2797 after hours. { Thank you for the opportunity to review this project. If you have any questions,please call me at(805)645-1426 or email alicia@vcapcd.org. f 81 Resolution No. 2017- Page 25 • •i s State of California—Natural F' ources Agency Er' FIND G.BROWN JR.,Governor ' ,i DEPARTMENT OF FISH H. J WILDLIFE ,ARLTON H.BONHAM,Director jSouth Coast Region ' 0`" +;' 3883 Ruffin Road San Diego,CA 92123 (858)467-4201 1 www_wildlife.ca.gov October 31, 2017 1 Mr.Joseph Fiss Economic Development and Planning Manager City of Moorpark-Community Development Department 799 Moorpark Avenue Moorpark, CA 93021 jfiss@moorpark.gov Subject: General Plan Amendment No.2015-02,Zone Change No.2015-03, Residential Planned Development No.2015-02,Vesting Tentative Tract Map No.5972,and Development Agreement No.2015-01,a 95-Unit Townhouse Condominium Project on 8.25 acres(Project)SCH: No.2017101005 Dear Mr. Fiss: The California Department of Fish and Wildlife(CDFW)received a Notice of Intent to Adopt a Mitigated Negative Declaration(MND)circulated by the City of Moorpark(Lead Agency).The • Lead Agency's MND is for General Plan Amendment No.2015-02,Zone Change No. 2015-03, Residential Planned Development No. 2015-02,Vesting Tentative Tract Map No. 5972,and Development Agreement No. 2015-01,.a 95-Unit Townhouse Condominium Project on 8.25 acres(Project),pursuant to the California Environmental Quality Act(CEQA)and CEQA Guidelines. Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.Likewise,we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CDFW is California's Trustee Agency for fish and wildlife resources, and holds those resources in trust by statute for all the people of the state. (Fish&G. Code, §§711.7,subd. (a)&1802; Pub. Resources Code, §21070;CEQA Guidelines§15386,subd.(a)). CDFW, in its trustee capacity, has jurisdiction over the conservation,protection,and management of fish,wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly,for purposes of CEQA,the law charges CDFW to provide as available, biological expertise during public agency environmental review efforts,focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources. CDFW is also submitting comments as a Responsible Agency under CEQA, (Pub. Resources Code, §21069;CEQA Guidelines, § 15381).CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code.As proposed,for example,the Project may be subject to CDFW's lake and streambed alteration regulatory authority, (Fish& Conserving California's Wildlife Since 1870 82 Resolution No. 2017- Page 26 Mr.Joseph Fiss City of Moorpark October 31,2017 Page 3 of 6 Specific impact:The loss of 40 trees on-site and the associated benefit that on-site trees provide to local avian species for nesting habitat be considered a permanent impact. The Lead Agency methodology for determining the appraised value, nor the appraised value of the 40 trees is disclosed in the MND.The Lead Agency's MND also indicates that if the Project cannot incorporate trees equal to the appraised value,the City of Moorpark is to receive compensation for the loss of the appraised value of the trees. Why impact would occur:Trees identified in a 2015 Tree Report for removal to develop the Project as proposed. Evidence impact would be significant:The proposed Project site is currently a semi- disturbed Open Space with several trees and shrubs, and several small and infrequently used structures.The Lead Agency's MND states that the applicant shall remove 40 trees on the site. If sufficient space does not exist to mitigate the removal of the trees,the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site.The transference of monies between the applicant and the Lead Agency does not mitigate the significance of the impacts,as this would be considered deferred mitigation,which does not avoid, minimize, or fully offset Project-related impacts. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure#1:To minimize significant impacts:The Project site is just north of the Arroyo Simi, a perennial stream with a large riparian area,which provides a significant habitat resource to locally occurring aquatic and terrestrial species. CDFW recommends trees be replaced with native species local to the area. In addition,if sufficient space does not exists on- site,the remaining trees should be planted adjacent to the Project,or off-site to enhance the riparian buffer between the Project site and the Arroyo Simi.Trees could also be placed within areas preserved as wildland Open Space,or the Lead Agency could propose acquisition and enhancement of a mitigation parcel of sufficient size to incorporate the remaining number of replacement trees. Mitigation Measure#2:To minimize significant impacts: CDFW recommends the Lead Agency include the economic value of on-site wildlife and wildlife use of the trees when determining the appraisal values of the trees. II.Environmental Setting and Related Impact Shortcoming Issue#1:There does not appear to have been any nesting bird surveys conducted,or proposed nesting bird surveys,prior to the removal of the 40 trees on the Project site. Additionally,the MND does not state when the removal of these trees will occur. Specific impact:The loss of the 40 trees,if not replaced on-site,would be a permanent significant impact to locally occurring native nesting birds. Why impact would occur: Trees have been identified in a 2015 Tree Report for removal to develop the Project as proposed. • Evidence impact would be significant:The Riparian area of the Arroyo Simi is a probable location for many species of native aquatic and terrestrial species,especially nesting birds. In • • 83 Resolution No. 2017- Page 27 Mr. Joseph Fiss City of Moorpark October 31,2017 Page 4 of 6 the absence of any surveys conducted by the applicant, it is unknown if locally occurring bird species using the Arroyo Simi riparian area are also using trees on the adjacent,proposed Project site as nesting habitat. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure#1: To minimize significant impacts: CDFW recommends mitigation of impacts to the 40 trees include establishing a buffer of herbaceous plants and shrubs between the Project site and adjacent the Arroyo Simi Riparian area and Arroyo Simi Floodplain.These plantings should consist of like-kind plant assemblages,listed in the MND 2015 Tree Report. Establishment of the buffer would minimize edge effects and the movement of non-native weeds and Argentine ants into the adjacent open space and riparian area of the Arroyo Simi (Holway, Suarez,and Case,2002; Porensky, and Truman 2013;Simberloff,et al.,2013). Mitigation Measure#2:To minimize significant impacts: CDFW recommends nesting bird surveys be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/Survey-Protocols.An ornithologist familiar with local avian species should conduct the surveys. Survey findings should be disclosed to decision- makers prior to adoption of the MND, as the results may influence the need for additional avoidance, minimization,and mitigation measures.Additional nesting bird surveys should be conducted prior to any ground disturbing or vegetation removal activities. Mitigation Measure#3:To minimize significant impacts: CDFW recommends the Lead Agency's MND include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly,or indirectly, by construction noise, dust,or vibration. Nests missed during pre-project surveys could lead to nest abandonment during Project implementation. CDFW recommends avoiding the nesting bird season,which generally runs from February 1st through September 1st(as early as January 1st for some raptors),for all Project-related activities,to avoid take of birds or their eggs. Migratory nongame native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act(MBTA)of 1918 (Title 50,§ 10.13, Code of Federal Regulations). Additionally,Sections 3503,3503.5,and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests including raptors and other migratory non-game birds(as listed under the Federal MBTA). If avoidance of the avian breeding season is not feasible,CDFW recommends the Lead Agency develop a nesting bird's management plan,submitted to CDFW for review,prior to ground disturbing or vegetation removal. All Project personnel, including contractors working on-site, should be provided a copy of the nesting bird's management plan,and instructed how to avoid nests and nest buffer areas. Reductions in the nest buffer distance may be appropriate depending on the avian species involved, ambient levels of human activity,screening vegetation,or possibly other factors. Issue#2:The Arroyo Simi,a perennial stream adjacent to the Project site,has the potential to support a wide variety of state-listed,state species of special concern,and native aquatic and terrestrial species. Project modifications may affect the hydrology of the Arroyo Simi stream, as well as its functions and values;consequently,it may become uninhabitable for local fish and wildlife species. 84 Resolution No. 2017- Page 28 Mr.`Joseph Fiss City of Moorpark October 31,2017 Page 5 of 6 Specific impact:Without a hydrology report, it is not possible for CDFW to assess potential impacts from runoff of impervious surfaces from the Project site that empty into the Arroyo Simi. Why impact would occur:The Project would create 8.25 acres of newly constructed impervious surfaces. Recommended Potentially Feasible Mitigation Measure(s) Mitigation Measure#1:To minimize significant impacts:CDFW acknowledges that the Lead Agency will transfer through deed title those portions north of the Project site known as the Arroyo Simi Floodplain,Arroyo Simi Riparian Corridor,and Arroyo Simi Stream,to a conservation entity to manage and preserve in perpetuity(Arroyo Simi Open Space)for wildlife resources. CDFW recommends that the Lead Agency require the Project applicant to provide an endowment,sufficient to manage this area within the Arroyo Simi Open Space,for a 50-year management period.The endowment should be used by the conservation entity for fencing(if necessary),weed management(a weed management plan should be contracted between the Lead Agency and conservation entity),trash removal, and miscellaneous person hours required to properly manage this area within the Arroyo Simi Open Space for the highest habitat value possible for aquatic and terrestrial species. Mitigation Measure#2:To minimize significant impacts: CDFW has regulatory authority with regard to activities occurring in streams and/or lakes that could adversely affect any fish or wildlife resource. For any activity that will substantially divert or obstruct the natural flow,or change the bed,channel, or bank(which may include associated riparian resources)of a river or stream or use material from a streambed,the Project applicant must provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code. Based on this notification and other information,CDFW then determines whether a Lake and Streambed Alteration(LSA)Agreement is required. CDFW's issuance of an LSA Agreement is a project subject to CEQA.To facilitate issuance of a LSA Agreement,if necessary,the environmental document should fully identify the potential impacts to the lake,stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the LSA Agreement. Early consultation is recommended,since modification of the proposed project may be required to avoid or reduce impacts to fish and wildlife resources.Again,the failure to include this analysis in the Project's environmental document could preclude CDFW from relying on the Lead Agency's analysis to issue a LSA Agreement without CDFW first conducting its own,separate Lead Agency subsequent or supplemental analysis for the Project. Information on submitting a Notification for a LSA Agreement,the current fee schedule,and timelines required in obtaining an Agreement and found using the following URL: httbs://www.wildlife.ca.qov/Conservation/LSA. ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database,which may be used to make subsequent or supplemental environmental determinations(Pub.Resources Code, §21003,subd(e)). Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database(CNDDB).The CNNDB field survey form located at the following link: http://www.dfg.ca.gov/biogeodata/cnddb/pdfs/CNDDB_ FieldSurveyForm.pdf.The completed form mailed electronically to CNDDB at the following • 85 Resolution No. 2017- Page 29 �k. v.. CPtoEttp�y,�s Ventura County _ Watershed Protection District .1 fib; Groundwater ResourcesVe7yzu AicomS}'1'T MEMORANDUM DATE: October 31,2017 DUE DATE: 11-2-17 TO: Anthony Ciuffetelli,RMA/Planning!EDR Coordinator FROM: David J. Panaro, P.G,Water Resources Specialist v VIA: Kimball R. Loeb, PG,CEG,CHG,Groundwater Manage - - SUBJECT: RMA Ref.# 17-022, RPD No.2015-02, City of Moorpark • The Ventura County Watershed Protection District (VCWPD) Groundwater Resources Section completed a preliminary review of a Notice of Intent to adopt a Mitigated Negative Declaration to effect a General Plan Amendment (No. 2015-02), Zone Change (No. 2015-03), Residential Planned Development (No. 2015-02), Vesting Negative Tract Map (Map No. 5972), and Development Agreement(No. 2015-01),for a proposed 95-unit townhouse condominium project on 8.25 acres within the City of Moorpark. In accordance with the County of Ventura Initial Site Assessment Guidelines(ISAG)we are providing the following comments: PROJECT LOCATION The proposed project will be located between Los Angeles Avenue on the north,Spring Road on the east, and the southern edge of Arroyo Simi to the south. Single family home lots abut the project's eastern boundary. Two current legal parcels (506-0-020-570 and 506-0-020-640 at 1.430 and 6.816 acres respectively)will be combined to make up the 8.25 gross acre project site. A good portion of the project is unbuildable where the County holds a permanent water course easement (Right-of-Way 10004.023E) through which the Arroyo Simi channel presently flows. Additional land area will likely be taken up by construction of a Stormwater Retention Basin along the northern boundary of the County easement as a typical mitigation necessary to control site runoff, loss of land surface permeability(groundwater recharge), and to mitigate any additional increases to the existing design channel maximum flow volume capacity. GROUNDWATER ISSUES The County of Ventura does not have any records indicating the presence of water wells on the proposed site. As identified in the Notice of Intent to idopt a Mitigated Negative Declaration potential impacts and mitigations checklist,the proposed development will generate a significant amount of impervious surface runoff. This impedes infiltration of precipitation and groundwater recharge and can be cumulatively significant.The District recommends the finding for Section I. Hydrology and Water Quality, Impact Item 2 be changed from "No Impact" to "Less-than- Significant". CC:K:1Programs\Groundwater\Project Reviews 1RMA 17-022 City of Moorpark 95-Unit Townhouses 86 Resolution No. 2017- Page 30 r�pro4 4 VENTURA COUNTY WATERSHED PROTECTION DISTRICT WATERSHED PLANNING AND PERMITS DIVISION 800 South Victoria Avenue,Ventura, California 93009 N:�R��o�N� Sergio Vargas, Deputy Director—(805)650-4077 MEMORANDUM DATE: October 31,2017 TO: Anthony Ciuffetelli, RMA Planning/EDR Coordinator FROM: Sergio Vargas, Deputy Director SUBJECT: RMA Ref#17-022 NOP to Adopt MND, Spring Rd. LLC TTM 5972 APN: 506002064, 506002057 Zone 3 Watershed Protection District Project Number:WC2017-0070 INCOMPLETE Pursuant to your request for comments of Notice of Intent to Adopt a Mitigated Negative Declaration,dated October 5,2017,this office appreciates the opportunity to review and comment on the submitted materials and provides the following comments. PROJECT LOCATION: South side of Los Angeles Avenue (SR-118), west of Spring Road and north of Arroyo Simi(4875 Spring Road and 384 Los Angeles Avenue) PROJECT DESCRIPTION: A request to develop ninety-five(95)townhouse condominium dwellings and a recreation facility on 8.25 acres, located, south of Los Angeles Avenue (Hwy118) and west of Spring Road. The application-consists of a Residential Planned Development(RPD), a tentative tract map to subdivide five parcels into one lot for condominium purposes, a General Plan Amendment (from General Commercial to Residential Very High Density and Floodway)•and a Zone Change (CPD to Residential Planned Development [RPD] and Open Space[OS]). APPLICATION COMPLETENESS: INCOMPLETE-from our area of concern. WATERSHED PROTECTION DISTRICT COMMENTS: Comments from Advanced Planning Section: 1. The project proposes a 48" RCP storm drain connection into the Arroyo Simi channel and District facility approximately 400 feet west of Spring Road. Please indicate who will be responsible for the proposed storm drain connection. The 87 Resolution No. 2017- Page 31 • Page 2 of 4 October 3I,2017 RMA Ref#17-022 NOP to Adopt MND,Spring Rd.LLC proposed connection will require an encroachment permit from the Watershed Protection District in accordance with WP-2 Ordinance. The design of the proposed storm drain connection shall comply with Ventura County Watershed Protection Standards of Design. 2. In the submitted October 26,2015 Drainage Report for TTM 5972 at 4875 Spring Road by Delane Engineering,the H&H calculations are mostly focused on internal drainage issues. There is an absence of a detailed discussion of the effects of external flood control impacts in the drainage report. Based on the information provided in the report,there are several impacts the project has yet to adequately address as result of the proposed fill in the floodplain and they are as follows:The channel flood flow and velocity are being increased, the FEMA Regulatory Floodway is being encroached on by development and the storage volume in the floodplain is being decreased. Per District Ordinance WP-2,Section 202, "No person shall do or commit or cause to be done or committed any of the following described acts without first obtaining a written permit from the District: ...(c)Alter the surface of land by construction, excavation, embankment or otherwise, so as to alter the capacity of a watercourse or the characteristics of the flow of water therein...." The proposed development is altering the characteristics of flow in the channel by the proposed fill in areas of existing floodplain and floodway,therefore,the project shall include mitigation measures to address impacts to existing channel as result of the proposed fill in accordance with WP-2 Ordinance. For instance,after full development,the Arroyo Simi flood control system will lose flood storage during a 1%flood event. The increased volume in the channel will increase flow velocity, increase erosion, potentially increasing channel maintenance costs. Please analyze and create a mitigation plan for handling potential impacts of loss in flood storage volume,increase in velocity and erosion. 3. The study shall identify and quantify the natural flood storage being impacted by the project. Please submit a revised drainage report and submit to District for review and approval, including proposed mitigation measures. Please be aware that the natural floodplain plays an important role in flood control and flood attenuation and is an integral part of the system hydrology. Developments within floodplains diminish the storm water storage functions of floodplains and may have negative hydrologic impacts.The hydrologic impacts of an individual development may be small relative to the size of the hydrologic system, but the cumulative impacts can be significant. 88 Resolution No. 2017- Page 32 Page 3 of 4 October 31,2017 RMA Ref#17-022 NOP to Adopt MND,Spring Rd.LLC 4. The project shall dedicate in fee of Parcel X at recordation of the Final Map of TTM5972 consistent with District resolution dated November 4, 1997 for right of way reservation along the Arroyo Simi recorded February 4, 1998. Please review proposed development limits adjacent to the Arroyo for consistency with right of way reservation. A. Detailed Comments 1. Page 7 of the Drainage Report does not provide substantiated basis for asserting the proposed fill which has no impact on FEMA's Based flood Elevation and/or adjacent properties. In addition,the project proposes to fill within the existing FEMA regulatory Floodway which means that the Arroyo Simi will experience an elevation rise greater than one foot transferring impacts to the Arroyo Simi, a District jurisdictional channel as result of the proposed development without appropriate mitigation.The project shall consider the improvement of the Arroyo Simi as means of compensatory volume mitigation. 2. Please show in the report existing and proposed floodplains and floodways in the site plan exhibit to better understand the impacts. • 3. The Permittee shall obtain a Watercourse Permit from the Ventura County Watershed Protection District (District) to ensure that development is compliant with the Ventura County Watershed Protection District Ordinance WP-2. The purpose of the permit is to mitigate potential hydraulic impacts to neighboring properties, prevent altering the characteristics of the flow of water except as allowed under the Watercourse Permit within the Arroyo Simi which is a District jurisdictional channel, and to prevent potential downstream migration of improperly constructed on-site structures and other improvements. The permit application shall include the following: • a. Construction plans prepared,signed,and stamped by a California licensed • civil engineer including but not limited to, a site plan depicting general drainage trends,existing and proposed topography and elevations, proposed improvements in both plan and profile, and construction details that meet the standards of the City of Simi Valley and the Ventura County Watershed Protection District; b. Site specific hydrology for existing and proposed conditions that conforms • to the Ventura County Watershed Protection District's Hydrology Manual, latest edition, and that continues to demonstrate compliance with the District's requirement that runoff after development not exceed the runoff under existing conditions for any frequency of event; c. Hydraulics using a methodology and/or computer model applicable to the proposed improvements and acceptable to the Ventura County Watershed Protection District. Such models include HECRAS and WSPG, latest editions. Models must incorporate_ all project aspects, including • landscaping and vegetative mitigation and be performed on a sufficient 89 Resolution No. 2017- Page 33 Page 4 of 4 October 31,2017 RMA Ref#17-022 NOP to Adopt MND,Spring Rd.LLC channel length to show all project impacts.The floodway of the Arroyo Simi should be delineated on all applicable project plans to demonstrate that capacity is available to pass the flood flow. The City of Moorpark is the floodplain administrator and we anticipate that the City's requirements will preclude any fill or other construction within the floodway limits and prescribe restrictions for any loss of storage or increase in water surface elevation for the 1-percent chance flood peak discharge within Arroyo Simi; d. A California licensed civil engineer shall perform a sediment transport study and a detailed scour analysis for the proposed improvements, or provide an analysis and recommendations as to why such studies may not be needed in this case; e. Provide a detailed geotechnical study demonstrating adequate support for the proposed improvements prepared by a California licensed geotechnical (soils engineering)consultant; f. Provide structural calculations and details prepared, signed, and stamped by a California licensed structural or civil engineer as necessary to demonstrate that the proposed improvements will be stable under the project loading conditions expected including hydraulic impact loading; END OF TEXT 90 1 Resolution No. 2017- Page 34 County of Ventura:::''''7' 1::0 PUBLIC WORKS AGENCY A TRANSPORTATION DEPARTMENT 1 41' Traffic,Advance Planning&Permits Division MEMORANDUM DATE: 10/31/2017 TO: RMA Planning Division Attention:Anthony Ciuffetelli FROM: Anitha Balan,Engineering Manager II ,.._.V L- - — SUBJECT: REVIEW OF DOCUMENT 17-022 EIR Project:City of Moorpark 95-Unit Condo Development Lead Agency:City of Moorpark Develop ninety-five(95)townhouse condominium dwellings and a recreational facility on 8.25 acres. Located at 4875 Spring Road,Moorpark. Pursuant to your request, the Public Works Agency - Transportation Department has reviewed the EIR for the City of Moorpark 95-Unit Condo Development. The proposed project consists of ninety-five (95) townhouse condominium dwellings and recreation facility on 8.25 acres, located south of Los Angeles Avenue (Highway 118) and west of Spring Road. The City of Moorpark has prepared a Mitigated Negative Declaration for the following project General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972 and Development Agreement No.2015-01,a 95 unit townhouse condominium. We offer the following comment(s): 1. We generally concur with the comments in the MND for those areas under the purview of the Transportation Department. No project specific impacts on County roadways were identified in the MND. 2. The cumulative impacts of the development of this project, when considered with the cumulative impact of all other approved (or anticipated) development projects in the County, will be potentially significant. To address the cumulative adverse impacts of traffic on the County of Ventura Regional Road Network, the appropriate Traffic Impact Mitigation Fee (TIMF) should be paid to the County when the development occurs . Based on the information provided in the MND for the 95-unit townhouse condominium project and the reciprocal 1 91 Resolution No. 2017- Page 35 agreement between the City of Moorpark and the County of Ventura, the fee due to the County is: $16,245=95 DU x$171.00 per DU The above estimate is based on information provided in the Transportation/Traffic Discussion in the MND/IS dated October 2,2017. This project is located in Traffic District#4. The above estimated fee may be subject to adjustment at the time of deposit, due to provisions in the TIMF Ordinance allowing the fee to be adjusted for inflation based on the Engineering News Record Construction Cost Index. Our review is limited to the impacts this project may have on the County's Regional Road Network. 2 92 Resolution No. 2017- Page 36 Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; 3. Signs shall he posted onsite limiting traffic to 15 miles per hour or less. 4. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds(i.e.,wind speed sufficient to cause fugitive dust to impact adjacent properties). During periods of high winds,all clearing,grading,earth moving,and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard,either offsite or onsite. 5. Personnel involved in grading operations,including contractors and subcontractors,should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations;and, 6. Signs displaying the APCD Complaint Line Telephone number for public complaints shall be posted in a prominent location visible to the public off the site:(805)645-1400 during business hours and(805)654-2797 after hours. Thank you for the opportunity to review this project. If you have any questions,please call me at(805)645-1426 or email alicia@vcapcd.org. 93 Resolution No. 2017- Page 37 STATE OF CALIFORNIA—CALIFORNIA STATE TRA-, '-RTATION AGENCY EDMUND G.BROWN Jr..Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7-OFFICE OF REGIONAL PLANNING ,T,74,,,,•::.� 100 S.MAIN STREET,SUITE 100 ` T,/ LOS ANGELES,CA 90012 PHONE (213)897-6536 Serious Drought. Morina Conservation FAX (213)897-1337 a California Way of Life. TTY 711 www.dot.ca.gov October 31,2017 Mr.Joseph Fiss City of Moorpark 799 Moorpark Avenue Moorpark,CA 93021 , RE: Spring Road LLC SCH#2017101005 GTS#07-VEN-2017-00088 ME-MND Dear Mr.Fiss: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project. The proposed Project would develop 95 townhouse condo units and a recreation facility on 8.25 acres, located south of Los Angeles Avenue(Hwy 118)and west of Spring Road. After reviewing the Mitigated Negative Declaration,Caltrans does not expect project approval to • result in a direct adverse impact to the existing State transportation facilities. In the spirit of mutual cooperation,Caltrans staff is available to work with your planners and traffic engineers for this project,if needed.If you have any questions regarding these comments,please contact project coordinator Ms.Miya Edmonson,at(213)897-6536 and refer to GTS#VEN-2017- 00088ME Since ) i -. A .s O ON IGRJ t' e = Acting Branch Chief • cc:Scott Morgan,State Clearinghouse • • "Provide a safe,sustainable,integrated and efficient transportation system .• to enhance California's economy and livability" EXHIBIT B 94 Resolution No. 2017- Page 38 GENERAL PLAN AMENDMENT MAP GENERAL PLAN AMENDMENT 2015-02 RH - - 1 i 1 1 / Fi E. LOS A.NGELE` -- ! L1111 i — < 0 : •L p. __ Xf ____i I 1� . a`'f - .. r" 4zegrrondow , .4. , °90 L_ FLOOD WAY AMMO PROJECT = RPD-16.5 V C-2 = GENERAL COMMERCIAL 1 L = LOW DENSITY RESIDENTIAL ( IDU/AC) 011 M = MEDIUM DENSITY RESIDENTIAL (4DU/AC) — ML = MEDIUM DENSITY RESIDENTIAL (2DU/AC) _ VH = VERY HIGH DENSITY RESIDENTIAL (15DU/AC) regg SP92-1 = CARLSBERG SPECIFIC PLAN r PROPOSED GENERAL PLAN R 1 D E LA N E FRPD—16 .5 6 .5 ENGINEERING 2812 SANTA ua11CA 814D,SUM 208 sc E: ,--'0.7 INF DTI IWO M j k SANTA/pN(CA,CA 90404 eyOJ.l NE:PAG172u(YMN6/GCl S P110PE }10.546.5711-AU DELMEEVSM RI AS CCY 5 PRO/ Aum 1,-ICG! I C SCK vlc KO,,MIX 95 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2015-03, FOR A CHANGE OF ZONING FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) TO RESIDENTIAL PLANNED DEVELOPMENT AND OPEN SPACE (OS) ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this project in compliance with the California Environmental Quality Act (CEQA) and the City CEQA Procedures, and were circulated for public review from October 2 to November 3, 2017; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Zone Change No. 2015-03 for a change of zoning from Commercial Planned Development (CPD) to Residential Planned Development 16.5 Units Per Acre (RPD-16.5U) and Open Space (OS) on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for Zone Change No. 2015-03 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and reached a decision on this matter; and WHEREAS, on December 6, 2017, the City Council adopted Resolution No. 2017- , adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2015-02 for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: CC ATTACHMENT 6 96 Ordinance No. Page 2 SECTION 1. Zone Change No. 2015-03 is consistent with the General Plan as amended by General Plan Amendment No. 2015-02 in that the proposed zoning of the project site to Residential Planned Development 16.5 Units Per Acre (RPD-16.5U) and Open Space (OS) is consistent with the General Plan land use categories of Very High Residential Density (VH) and Floodway. SECTION 2. The Zoning Map described and referenced in Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit "A" attached hereto. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this day of December, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A: Zone Change Map 97 Ordinance No. Page 3 EXHIBIT A ZONE CHANGE NO. 2015-03 Fi---- D-15U EP ' l CP CPD a CPD ,,, r_____ IR i El --- . PI 1 It''r //' / ,/ i /, f_-• • \ 1,.41),25L, ,,,.„,:,,,',„,,/,,,:,,,"„„..... 2 I , ,.//'/ , / �= T `i .Lin _ OS OPEN SPACE NM PROJECT = RPD-16.5 _ CPD COMMERCIAL PLANNED DEVELOPMENT RE RURAL EXCLUSIVE I I R-1 SINGLE FAMILY RESIDENTIAL RPD RESIDENTIAL PLANNED DEVELOPMENT [ J SP92-1 = CARLSBERG SPECIFIC PLAN I PROPOSED ZONING D E LA N E FOR - 11/11& ENGINEERINGRPG-16 . 5 2612 SANTA MONICA BLVD, SUITE 206 SCIAE! 1'-vo- IINIA an VICO BY! I k SANTA WOW CA, C4 90404 PH7AE 3'0.5A6.5761—NIEn DL u#F7.61,E17FI46 0314 X01.PONE:M61T.1U WPM 110,11} FRN.µrpt ,1-ITE 1 ;.K v�ipn;•ir SLS I 98 i RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 5972 AND RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2015-02 FOR THE DEVELOPMENT OF 95 CONDOMINIUMS ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE, ON THE APPLICATION OF SPRING ROAD LLC (MIKE ASHLEY, DON DUNCAN) WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015- 02 for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015-02 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, on December 6, 2017, the City Council adopted Resolution No. 2017- , adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2015-02 and introduced Ordinance No. , approving Zone Change No. 2015-03, for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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 Vesting Tentative Tract Map No. 5972, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: _ CC ATTACHMENT 7 99 \ r f • Resolution No. 2017- Page 2 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. 2015-02, 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. 2015-02, in that it would allow for the provision of an increased variety of housing types as well as affordable housing in a design that is both compatible in scale with surrounding residential and commercial 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. 2015-02, in that they will provide an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial 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. Nis D. The development site, is relatively flat, is physically suitable for the proposed density of development at 16.5 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. 100 Resolution No. 2017- Page 3 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 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 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. 2015-02 and Zone Change No. 2015-03, in that the proposed project will provide for an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial 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. 101 Resolution No. 2017- Page 4 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 Spring Road includes residential uses of varying densities, along with small-scale commercial uses. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves: A. Vesting Tentative Tract No. 5972 subject to the Standard and Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference; and B. Residential Planned Development Permit No. 2015-02, subject to the Standard and Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. The effective date of the approval of Vesting Tentative Map No. 5972 and Residential Planned Development Permit No. 2015-02 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2015-03 and the Ordinance for Development Agreement No. 2015-01, whichever occurs last. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of December, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A — Standard and Special Conditions of Approval for Residential Planned Development Permit No. 2015-02 and Vesting Tentative Tract Map No. 5972 102 Resolution No. 2017- Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2015-02 AND VESTING TENTATIVE TRACT MAP NO. 5972 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT 2015-02 1. This planned development permit will expire one year 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. All traffic entering and exiting the project shall be restricted to right-turn-in/right- turn-out only at the Los Angeles Avenue and Spring Road driveways. The final design of both of the driveways shall be subject to review and approval of the City Engineer/Public Works Director and the Community Development Director. The final design of the Los Angeles Avenue driveway shall also be subject to the review and approval of Caltrans. 3. The applicant shall replace the 40 trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2015. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. 4. 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. 103 Resolution No. 2017- Page 6 5. Soundwalls adjacent to Los Angeles Avenue, Spring Road, and adjacent to any Commercially Zoned Property shall be no less than eight (8') feet in height, when measured from inside of the project, constructed with tan-colored slumpstone with matching mortar with the final design, height, and location to be approved by the Community Development Director and City Engineer/Public Works Director, subject to ultimate pad elevations. 6. Soundwalls shall extend inward at project driveway entries at Los Angeles Avenue and Spring Road with enhanced landscaping at the entries facing the public rights-of-way to the satisfaction of the Community Development Director, City Engineer/Public Works Director, and Parks and Recreation Director. 7. A fence/wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director, and consistent with the Noise Study. Interior walls shall be a minimum height of six (6') feet from the highest finished grade. 8. Architectural enhancements, such as window reveals and plant-ons are required on all elevations subject to the approval of the Community Development Director. 9. 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. 10.Painted and decorative sectional roll up garage doors shall be provided. Such garage doors shall include garage window glazing, compatible with the architectural style of each home including the affordable residences. Durable materials are required for trim on the ground floor levels of the homes, such as wood window trim, or 1/" minimum cementous stucco coat over foam. 11.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. 12.Landscaping, in the form of vines and shrubs, shall be required to be installed in irrigated cut-outs between the garages. Permanent decorative trellis structures will also be required to provide support for such landscaping. Such landscaping shall be subject to the approval of the Community Development Director. 13.Clerestory windows shall be required on the second and third story of all elevations adjacent to 2-story homes within the Ivy Lane tract. The bottom of such windows shall not be lower than 5 feet from the adjacent floor. 104 Resolution No. 2017- Page 7 • 14. It shall be the responsibility of the homeowner association to maintain designated private streets, the recreation area(s), project private streets, common area landscaping, and walls and fences. The Community Development Director and City Engineer/Public Works Director shall make the final determination as to the extent of homeowner association maintenance. 15.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. 16.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). 17.The final location of all community mailboxes must be approved by the Community Development Director and City Engineer/Public Works Director prior to installation. 18.A two-car garage with an interior clear space of not less than 20 feet by 20 feet shall be maintained for the use of each unit. All garages must remain accessible for the storage of two vehicles at all times and may not be rented or sold separately. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 19.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. 20.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. 21.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. 105 Resolution No. 2017- Page 8 22.Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway 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 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. 23.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. SPECIAL CONDITIONS FOR VESTING TENTATIVE TRACT MAP 5972 1. Vesting Tentative Tract Map No. 5972 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. 3. Up to a maximum of 95 dwelling units may be developed under this entitlement. 106 Resolution No. 2017- Page 9 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, Spring 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. 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. 7. The applicant shall provide a grading and construction schedule showing routing for grading and development from Los Angeles Avenue and Spring Road subject to review and approval by the City Engineer/Public Works Director. Earth import and export will be restricted to entering and exiting from Los Angeles Avenue. 8. 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 (CC&R's) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Tentative Tract Map No. 5972 and Residential Planned Development Permit No. 2015-02, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the city attorney's cost of review. 9. A public pedestrian access easement and improvements shall be provided from Spring Road to the Arroyo Simi to the satisfaction of the Community Development Director and City Engineer/Public Works Director. 107 Resolution No. 2017- Page 10 10.Disclosure documents for all initial buyers and the CC&R's shall include notice making buyers aware of the potential construction of a public recreational trail along the Arroyo Simi and of a future trail connection at Spring Road, of the affordable housing required for the project, of the Landscape Maintenance District required for the project, and any other project conditions or terms of the Development Agreement as determined by the Community Development Director in a form to the satisfaction of the Community Development Director. 11.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. 12.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. 13.An access rights easement shall be offered to the City of Moorpark from all lots fronting on Los Angeles Avenue, Spring Road, and the Arroyo Simi. The C.C.&R.'s shall include a provision that property line walls along the perimeter of the project, including the Los Angeles Avenue, Spring Road, and the Arroyo Simi frontage may not be removed or modified to create a gate or similar access opening in violation of the City of Moorpark access rights easement. The applicant shall record an easement or other instrument prohibiting private openings of perimeter walls or fences onto Los Angeles Avenue, Spring Road, the Arroyo Simi, or adjacent private properties subject to review and approval of the City Engineer and Community Development Director. This restriction shall be reiterated in the Covenants, Conditions and Restrictions for this project. 14.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. 15.The C.C.&R.'s shall include a requirement that garages in each unit be maintained for the parking of vehicles. 108 Resolution No. 2017- Page 11 16.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. 17.A Traffic Systems Management fee shall be paid, on a per home basis, or in effect at the time of building permit issuance, or as specified in any development agreement adopted for this project. 18. Intersection Improvement fees shall be paid subject to the determination of the City Engineer/Public Works Director. 19.Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 20.A conduit for ownership and use by the City shall be installed behind the right-of- way on Los Angeles Avenue and Spring Road, and throughout the development, subject to review and approval of the City Engineer and Community Development Director. Easements for this purpose, if needed, shall be granted to the City prior to the approval of the Final Map. 21.The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall include an onsite riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. The buffer shall be within the common area landscaping adjacent to Parcel X. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. 22.At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/ Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. 109 Resolution No. 2017- Page 12 23.If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. 24.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. 25.In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project cannot impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event (10-, 25-, 50-, and 100-year). 26.The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGiC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. - END - 110 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 2015-01 BY AND BETWEEN THE CITY OF MOORPARK AND 02 D2 PARTNERS, LLC, AND DUNCAN DONALD P / ASHLEY CONSTRUCTION, INC. (SPRING ROAD LLC) FOR GENERAL PLAN AMENDMENT NO. 2015-02, ZONE CHANGE NO. 2015-03, RESIDENTIAL PLANNED DEVELOPMENT NO. 2015-02, AND VESTING TENTATIVE TRACT MAP NO. 5972, A RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 95 CONDOMINIUMS ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that property; and WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on April 15, 2015, the City Council adopted Resolution No. 2015- 3381, initiating proceedings for Development Agreement No. 2016-01 for the project proposed in conjunction with General Plan Amendment No. 2016-01, Zone Change No. 2016-01, Residential Planned Development No. 2016-01 and Vesting Tentative Tract Map No. 5882; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015- 02 for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, a duly noticed public hearing was conducted by the City Council on December 6, 2017 to consider the Development Agreement and to accept public testimony related thereto; and CC ATTACHMENT 8 111 Ordinance No. Page 2 WHEREAS, the City Council has considered all points of public testimony relevant to the Development Agreement and has given careful consideration to the content of the Development Agreement, and has reached a decision on the matter; and WHEREAS, on December 6, 2017, the City Council adopted Resolution No. 2017- , adopting the Mitigated Negative Declaration prepared on behalf of the project proposed in conjunction with General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find as follows: A. The Development Agreement attached hereto and incorporated herein (Exhibit A) is consistent with the General Plan as most recently amended in that the project is consistent with the planned use and density of the General Plan Land Use Element and helps achieve the goals of the Housing Element and is consistent with the goals and policies of all other elements. There is no applicable Specific Plan for the area covered by the Development Agreement. B. The Development Agreement and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the Moorpark Municipal Code because the Development Agreement contains the elements required by Section 15.40.030, has been reviewed and recommended by the Planning Commission following a noticed public hearing and otherwise contains the required contents and has been processed as required by law. SECTION 2. The City Council hereby adopts the Development Agreement attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a municipal corporation, and 02 D2 Partners, LLC, And Duncan Donald P / Ashley Construction, INC. (Spring Road LLC) and the City Clerk is hereby directed to cause one copy of the signed, adopted agreement to be recorded with the County Recorder no later than ten (10) days after the City enters into the development agreement pursuant to the requirements of Government Code Section 65868.5. SECTION 3. Upon the effective date of this ordinance, the Community Development Director shall cause the property that is the subject of the Development Agreement to be identified on the Zoning Map of the City by the designation "DA" followed by the dates of the term of said Agreement. 112 Ordinance No. Page 3 SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this day of December, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk EXHIBIT A- Development Agreement 113 EXHIBIT A 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 CITY OF MOORPARK AND 02 D2 PARTNERS, LLC, AND DUNCAN DONALD P / ASHLEY CONSTRUCTION, INC. (SPRING ROAD LLC) 114 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 02 D2 Partners LLC and Duncan Donald P / Ashley Construction, Inc., the owners of real property within the City of Moorpark generally referred to as Residential Planned Development Permit 2015-02 (referred to hereinafter collectively as "Developer"). City and Developer are referred to hereinafter collectively as a "Party" and collectively as the "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 02 D2 Partners LLC is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 1 ("Parcel 1") in the legal description set forth in Exhibit "A" which exhibit is attached hereto and incorporated by reference, commonly known as 4875 Spring Road. Duncan Donald P /Ashley Construction, Inc. is the owner in fee simple of certain real property in the City of Moorpark identified as Parcel 2 ("Parcel 2") in Exhibit "A", commonly known as 384 Los Angeles Avenue. Parcels 1 and 2 are referred to hereinafter collectively as 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.") On December 6, 2017, the City Council adopted Resolution No. 2017- adopting the Mitigated Negative Declaration ("MND") and Mitigation Monitoring and Reporting Program the ("MMRP") prepared for this Agreement and the Project Approvals as defined in Subsection 1.4 of this Agreement. 1.4 General Plan Amendment (GPA) No. 2015-02, Zone Change (ZC) No. 2015-03, Residential Planned Development (RPD) No. 2015-02, Vesting • Tentative Tract Map (VTTM) No. 5972 including all subsequently approved modifications and permit adjustments to the RPD, VTTM, and all amendments thereto (collectively "the Project Approvals"; individually "a Project Approval") provide for the development of the Property with 95 2 115 townhouse condominiums and the construction of certain off-site improvements in connection therewith ("the Project"). 1.5 By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.6 By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and conditions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.7 City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as currently amended. 1.8 On October 24, 2017, the Planning Commission commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on November 7, 2017 recommended approval of this Agreement. 1.9 On December 6, 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 introduced and provided first reading to Ordinance No. ("the Enabling Ordinance") that approves this Agreement. Thereafter on December 20, 2017, the City Council gave second reading to and adopted the Enabling Ordinance. 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site". 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 Subsection 3.2 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 3 116 the instrument by which such person acquired such right, title or interest, subject to Subsection 3.2 below. 3.2 Release Upon Subsequent Transfer. Upon the conveyance of Developer's interest in the Property or any portion thereof by Developer or its successor(s) in interest, the transferor shall be released from its obligations hereunder with respect to the portion of Property conveyed as of the effective date of the conveyance, provided that the transferee expressly assumes all obligations of the transferred portion of the Property and a copy of the executed assignment and assumption agreement is delivered to the City prior to the conveyance. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such conveyance, except as provided in Subsection 6.13 of this Agreement with respect to the sale of completed "affordable units" (as defined in that subsection) to qualified buyers. Notwithstanding the foregoing, this Agreement shall not be binding upon the transferee of a Completed Unit with respect to the transferee's interest in such Completed Unit, and the rights and obligations of Developer under this Agreement shall not run with the portion of the Property that is conveyed with the Completed Unit after such conveyance of the Completed Unit by Developer or its successor in interest. For purposes of this Agreement, "Completed Unit" means a completed residential unit within the Property for which the City has issued a certificate of occupancy. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3 Building Standards. All construction on the Property shall adhere to 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. 4 117 5. Vesting of Development Rights. 5.1 Vested Right to Develop; Timing of Development. Developer and its successors in interest shall have the vested right to develop the Property in accordance with the terms and provisions of the Project Approvals and this Agreement. The Parties intend that this Agreement, together with the Project Approvals, shall serve as the controlling document for all subsequent actions, discretionary and ministerial, relating to the development and occupancy of the Property, including, without limitation, all Subsequent Approvals (as defined below). Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. No future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to 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.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals"; individually "a Subsequent Approval") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or 5 118 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 citywide 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 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. 6 119 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 Subsection 5.1 of this Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.6 Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a Citywide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1 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 Property, Developer shall pay City a one-time development fee as described herein (the 7 120 "Development Fee"). The Development Fee may be expended by City in its sole and unfettered discretion. The amount of the 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 for each residential dwelling unit within the Property. 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 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. The Air Quality Fee shall be One Thousand Seven Hundred Nine Dollars ($1,709.00) per residential dwelling unit within the Property to be paid prior to the issuance of a_building permit for each residential dwelling unit in the 8 121 Project. 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 in California Government Code Section 66477 et seq. for the Property. 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 one-time community services fee as described herein (Community Services Fee). The Community Services Fees may be 9 122 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 dwelling 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 (Art 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). 6.10 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. 6.11 Processing Fees. On the Operative Date, Developer shall pay all outstanding City processing costs related to preparation of this Agreement, the Project Approvals and the MND. 6.12 Landscape Maintenance Assessment District (LMD). 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 ($5,000.00) LMD Formation Fee. The LMD 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 the exterior surface of the block walls and hardscape adjacent to Los Angeles Avenue, Spring Road and the southern boundaries of the Project. 10 123 The City shall administer the annual renewal of the LMD, and any costs related to such administration shall be charged to the fund established for such LMD revenues and expenses. Developer agrees to cast affirmative ballots for the establishment of the LMD, 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 LMD has insufficient funds for its purposes, then Developer shall pay the funds required for the LMD costs within five (5) business days after written demand from the City. Developer shall be responsible for all LMD costs until acceptance of the Assessment District by the City. Developer acknowledges and agrees that the LMD will not be accepted by City until after the final occupancy is approved for the last residential dwelling unit in the Project and Developer has made all required LMD improvements in a manner that are acceptable to City's Parks and Recreation Director and Developer has provided City with a deposit for the next subsequent twelve (12) months of LMD maintenance costs. Prior to approval of the first final map for the Project, the City Council at its sole discretion may determine that all or a part of the improvements planned to be included in the LMD may instead be placed in the Homeowners' Association for the Project. 6.13 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 fifteen (15) housing units, with a minimum of 1,500 square feet, affordable to low income households (not to exceed 80% of median income adjusted for family size). These fifteen (15) housing units may be referred to as affordable units or units affordable to low income households or required affordable units. (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 valuable consideration given by City through this Agreement. 11 124 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 6.13 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 6.13 shall be made at City's sole discretion. If any conflict exists between this Agreement and the Affordable Housing Agreement required by and negotiated pursuant to this Agreement or the conditions of approval for 12 125 Tentative Tract Map No. 5972 and/or RPD No. 2015-02, 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) (3) 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 three (3) bedroom unit will be based on a household of four (4) regardless of the actual size of the household purchasing the unit. For example, the monthly "affordable housing cost" for a three (3) bedroom unit would be 30% times 70% of the current median income for a household of four (4) 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 purchasing a three (3) bedroom unit under current market conditions, based upon the following assumptions: Low Income Buyer Item Detail Amount 3 Bedroom Affordable Sale Price $191,000.00 Down Payment 5% of Affordable Sales Price $9,550.00 Loan Amount Affordable Sales Price less Down $181,450.00 Payment Interest Rate 4.50% Monthly 1.25% of Initial 199.00 Property Tax Purchase Price LMD Not Currently N/A HOA 200.00 Fire Insurance 60.00 Maintenance 30.00 Utilities 180.00 13 126 (h) The assumptions associated with the above purchase price figures for low income households include a 5% down payment, based on Affordable Sales Price for a three (3) 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 $200.00 per month, fire insurance of $60.00 per month, maintenance costs of $30.00 per month, and utilities of$180.00 per month for a three (3) 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. Developer acknowledges that amounts listed in the "Low Income Buyer" table in Subsection 6.13(g), above, are for illustration purposes only and are subject to change. (j) 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 6.13. Developer agrees that, pursuant to City's rights under this Agreement and/or the Affordable Housing Agreement and prior to and upon the sale of a required unit to a qualified buyer (or City in lieu of a qualified buyer as determined by City at its sole discretion), City may at its sole discretion take any actions and impose any conditions on said sale or subsequent sale of the unit to ensure ongoing affordability to low 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 and 14 127 all necessary contracts and related documents to ensure that the referenced affordable units remain occupied by low income households for the longest feasible time (the "Affordability Documents"). 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. (m) Developer warrants that the quality of materials and construction techniques of the affordable units sold to the qualified low income buyers, 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 basic 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 basic finish 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. City staff person responsible for affordable housing will select basic finish options for the affordable units. 15 128 (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 for the affordable units (purchased by the low income buyer, or City) as those amenities that are provided for 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. (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 qualified low income buyers, all requirements of the buyer, including, but not limited to, completion of a City approved homebuyer education training workshop and the Affordability Documents, shall be included as a requirement of the sale. The language of all such documents shall be approved by City at its sole discretion. City has sole discretion in selecting lenders, escrow and title companies and real estate professionals to assist with the sale of the affordable units. (s) In the event City is unable to provide a qualified buyer when one of the low-income units has received final inspection approval, 16 129 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 95th 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 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. (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 must receive final inspection approval by Developer on terms consistent with this Agreement and the Affordable Housing Agreement as specified in the following schedule: Prior to Number of Occupancy of Affordable Units 40th Unit 4 60th Unit 4 85th Unit 4 _ 90th Unit 3 Total 15 17 130 (x) The required affordable units within the Project shall be designated as unit (may also be referred to as pad or lot) numbers in the Buildings within the Project consistent with Exhibit "C" attached hereto and incorporated herein. The City Manager or the City Manager's designee may approve in writing different unit numbers within the Project so long as the unit contains no less than 1,500 square feet. (y) Developer shall provide the initial buyer of each Completed Unit in the Project a disclosure that the Project includes fifteen (15) residential dwelling units that will be sold to qualified low income households. The disclosures shall also state that these fifteen (15) residential dwelling units have deed restrictions recorded on their title that restrict the re-sale of these units only to qualified low income buyers. The form and language of the disclosure shall be approved by the City Attorney and Community Development Director and shall conform to all requirements of the applicable State agencies pertaining to real estate disclosures. (z) In addition to the affordable units required in Subsection 6.13 (a) above, Developer also agrees to pay an In-Lieu Fee (In-Lieu Fee) equivalent to seventy-three percent (73%) of the actual differential value between the appraised value of the market rate units and the actual calculated Affordable Sales Price consistent with this Subsection 6.13. The In-Lieu Fee shall be paid in full prior to the issuance of the twentieth (20th) building permit for the Project. (For example, assuming an appraised value of Four Hundred Ninety Thousand Dollars [$490,000.00] for a market rate unit, the In-Lieu Fee would be Two Hundred Eighteen Thousand Two Hundred Seventy Dollars [$218,270.00].) 6.14 Los Angeles Avenue Improvement. Within six (6) months of the Operative Date of this Agreement, Developer shall at its sole cost irrevocably offer to the City all rights of way, permanent easements and construction easements (Los Angeles Avenue Right-of-way) necessary for construction of the Project's improvements (Improvements) on Los Angeles Avenue (SR118), herein after referred to as L.A. Avenue. Developer shall also clear the Los Angeles Avenue Right-of-way of all structures and other improvements to the satisfaction of the City Engineer/Public Works Director within six (6) months of the Operative Date of this Agreement. Within twelve (12) months of the Operative Date of this Agreement Developer shall have prepared improvement plans for the Improvements that are consistent with the City's plans for its Los Angeles Avenue widening project (City Project) and Caltrans requirements as determined by the City Engineer/Public Works Director, and finalize plans for the Improvements so plans are submitted to Caltrans within eighteen (18) months of the Operative Date of this Agreement. Developer shall obtain a 18 131 Caltrans encroachment permit for the construction of the Improvements and complete construction of the Improvements to the satisfaction of the City Engineer/Public Works Director no later than thirty (30) months from the Operative Date of this Agreement. Improvements shall include offsite transitions and sound wall construction as determined necessary by the City Engineer/Public Works Director and Caltrans. At City's sole option, City may construct the Improvements and Developer shall reimburse City for all costs, including but not limited to construction, permits, contract administration, design, inspection, utility relocation and all other Caltrans requirements. 6.15 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. 6.16 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. 6.17 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. 6.18 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 Developer agreements contained in this Agreement and in the conditions of approval for the VTTM and RPD. The plan shall address the entities responsible and method and timing of guarantee for each component of Developer's obligations and is subject to City approval at its sole discretion. 6.19 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 Subsections 6.3, 6.4 and 6.8 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes • amendatory or supplementary thereto. 6.20 CPI Indexes. In the event the "CPI" referred to in Subsections 6.3, 6.6, 6.7 and 6.8 or the Bid PriceJndex referred to in Subsections 6.4 and 6.7 19 132 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. 6.21 Future Trail Connection to Spring Road. Developer shall at its cost construct a concrete ramp from the sidewalk on the Spring Road frontage of the Project to proposed future trail on the levee road of the Arroyo Simi. The connection shall be constructed consistent with requirements as determined by City Parks and Recreation Director, City Engineer and Ventura County Watershed Protection District. The Connection shall be constructed at a time determined by the City Council but in no event later than occupancy of the 45th unit in the Project. 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 permitted development to that in existence prior to the approval of GPA 2015-02 and ZC 2015-03. 6.23 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 20 133 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 15% on all out-of-pocket costs. 7.3 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. 7.4 Park Fees. City agrees that the Park Fee required under Subsection 6.7 of this Agreement meets all of Developer's obligations under applicable law for park land dedication. 7.5 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. 7.6 Early Grading Agreement. The City Manager is authorized 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. 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. 21 134 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 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: (al 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 22 135 (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 (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. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible of possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of this Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by the City shall be injunctive relief and/or specific performance. The remedies for breach of the Agreement by the Developer shall be injunctive relief and/or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsection 6.13, 6.14 or 6.21 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. 23 136 Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against Developer if it violates any City ordinance or State statute. 12. Mortgage Protection. 12.1 Discretion to Encumber. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon then owned by such person with any mortgage, deed of trust or other security device ("Mortgage") securing financing with respect to the Property or such portion. Any mortgagee or trust deed beneficiary of the Property or any portion thereof or any improvements thereon and its successors and assigns ("Mortgagee") shall be entitled to the following rights and privileges. 12.2 Lender Requested Modification/Interpretation. City acknowledges that the lenders providing financing to Developer for the Property may request certain interpretations and modifications of this Agreement. City therefore agrees upon request, from time to time, to meet with Developer and representatives of such lenders to discuss in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement shall be subject to the provisions of this Agreement pertaining to modifications and amendments. 12.3 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any binding and effective against the Mortgagee and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise; provided, however, Mortgagee and such owner shall not be responsible for any matters that occurred prior to their acquisition of the Property or such portion. 12.4 Written Notice of Default. If a non-monetary default is not cured by Developer within thirty (30) days after written notice by City to Developer or a monetary default is not cured with in five (5) days after written notice by City to Developer, then each Mortgagee shall be entitled to received written notice from City of the applicable default by Developer under this Agreement provided the Mortgagee has delivered a written request to the City for such notice and shall have provided its address for notices in writing to the City. Each such Mortgagee shall have a further right, but not the obligation, to cure such default for an additional period of thirty (30) days after delivery of such notice of default by City to the Mortgagee. City 24 137 shall not commence legal action against Developer by reason of Developer's breach without allowing the Mortgagee to cure the same as specified herein. 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) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and the affected Developer. 15.1 Exemption for Amendments of 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. • 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 25 138 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 Subsection 1.9 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 twenty (20) 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. Notwithstanding the foregoing, the following shall survive the expiration or earlier termination of this Agreement: (i) all obligations arising under this Agreement prior to the expiration or earlier termination of this Agreement; and (ii) Subsection 6.22 of this Agreement. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. 26 139 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, the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 27 140 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. 33. Authority to Execute. Developer warrants and represents that to its knowledge as of the Operative Date and with respect to each entity that is defined as Developer: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this Agreement. 28 141 IN WITNESS WHEREOF, the Parties have executed this Development Agreement effective as of the Operative Date. CITY OF MOORPARK Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 02 D2 PARTNERS LLC, a California limited liability company By: Donald P. Duncan, Partner DUNCAN DONALD P /ASHLEY CONSTRUCTION, INC. a California corporation By: Donald P. Duncan, Owner By: Mike Ashley, Owner 29 142 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PART OF LOT 56 ACCORDING TO THAT CERTAIN MAP ENTITLED, "MAP OF FREEMONT, A SUBDIVISION OF LOT "U', OF THE RANCHO SIMI, VENTURA CO., CAL.", IN THE CTIY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY., AND WHICH PART IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID LOT 56, AND RUNNING THENCE, 1ST: - EAST, ALONG THE NORTH LINE OF SAID LOT, 156 FEET TO A POINT; THENCE, 2ND: - SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID LOT, 418.8 FEET TO A POINT; THENCE, 3RD: - WEST ON A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT, 156 FEET TO A POINT IN THE WEST LINE THEREOF; THENCE, 4TH: - NORTH ALONG THE WEST LINE OF SAID LOT, 418.8 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 17,1970 IN BOOK 3705, PAGE 440 OF OFFICIAL RECORDS. 30 143 EXHIBIT "B" ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: 02 D2 Partners LLC and Duncan Donald P /Ashley Construction, Inc. 850 W. Los Angeles Avenue Simi Valley, CA 93065 31 144 EXHIBIT C LATS ANGELES AVE LOCATION OF AFFORDABLE UNITS . oma..- II .. KEY: 20 36' IND �+ I.1!Ilil1ll.l 1 KILMER DENUi�y BUILDING R. WIT 1 rNY1ARD UNIT WILDING 6. UNIT 4 G ST BU]LDING C, LNIT 12 I aG A T - a) NJBER W/ I IRCLE BUILDING G, LN,IIT 17 I, Elm- : - DENOTES 57Afot4Rtft Eu]LDINI E. UNIT 22 VIII III UNIT LDING F, UNIT 27 9BJ1]LLDING G, UNIT 32 I:: � BUILDING H. WIT 37 IS © 7 9 5 , 4 BUILDING I. LNIT 42 I1'tl I BuiLDING J, WIT 47 '',',n';'' + BUILDING K. LNIT 48 oT r BuILDING N,_WIT 77_ f BU]LDING P, UNIT 72 @.J1LDING S. WIT e. 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