HomeMy WebLinkAboutAG RPTS 2017 1024 PC REG 1.11Pb‘ C4141444"44"
,sipprA%
ws
�v rleirb Ala
�� Resolution No. 2017-621
Q99 TFC ,Jy1 n
PLANNING COMMISSION
REGULAR MEETING AGENDA
OCTOBER 24, 2017
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2017-621)
A. Consider Resolution Approving Conditional Use Permit (CUP) No. 2017-01, to
Allow the Operation of a Restaurant and Outdoor Dining Area with On-Site Service
of Beer and Wine at 313 High Street, and Making a Determination of Exemption
Under CEQA in Connection Therewith, on the Application of Marco Baldieri. Staff
Recommendation: 1) Open the public hearing, accept public testimony and close
the public hearing; and 2) Adopt Resolution No. PC-2017- approving
Conditional Use Permit No. 2017-01 with conditions of approval and making a
determination of exemption under CEQA in connection therewith. (Staff: Freddy
Carrillo)
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
October 24, 2017
Page 2
B. Consider a Resolution Recommending to the City Council Approval of Tentative
Parcel Map No. 2016-01 and Industrial Planned Development Permit No. 2017-01
for the Subdivision of an Approximately 10.0 Acre Developed Lot into Two Parcels
of 7.8 Acres and 2.2 Acres and the Construction of a 35,330 Square-Foot
Industrial Building on the Newly-Created 2.2-Acre Parcel at 400 Science Drive,
and Making a Determination of Exemption Under CEQA in Connection Therewith,
on the Application of Nick Rini for Nearon Enterprises. Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public hearing; and
2) Adopt Resolution No. PC-2017- recommending to the City Council
conditional approval of Tentative Parcel Map No. 2016-01 and Industrial Planned
Development Permit No. 2017-01. (Staff: Freddy Carrillo)
C. Consider a Resolution Recommending Approval to the City Council of 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 Request to Develop 95 Townhouse
Condominiums and a Recreation Facility on Approximately 8.3 acres at 4875
Spring Road and 384 Los Angeles Avenue, and Recommending Adoption of a
Mitigated Negative Development Under CEQA in Connection Therewith; on the
Application of Spring Road LLC (Mike Ashley, Don Duncan). Staff
Recommendation: 1) Open the public hearing, accept public testimony and
continue the item to a special Planning Commission meeting at 7:00 p.m. on
November 7, 2017 with the public hearing still open; 2) Continue to accept
testimony at a special Planning Commission meeting at 7:00 p.m. on November 7,
2017 and close the public hearing; and 3) Adopt Resolution No. PC-2017-
recommending to the City Council conditional approval of Residential Planned
Development No. 2015-02, General Plan Amendment No. 2015-02, Zone Change
No. 2015-03, Vesting Tentative Tract Map No. 5972, Development Agreement No.
2015-01. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
A. Consider Resolution Adopting Revised Rules of Procedure for Commission
Meetings and Related Functions and Activities and Rescinding Resolution No. PC-
2008-529. Staff Recommendation: Adopt Resolution No. PC-2017- . (Staff:
David Bobardt)
10. CONSENT CALENDAR:
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon
request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, October
24, 2017, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on October 20, 2017, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark,
California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 2017.
41%� �71qj���(tJ cR. Figueroa, Administrative Assistant II
ITEM 8.A.
MOORPARK,CALIFORNIA
Planning Commission
of to 2.1-1-101
ACTION: Ap( mrad;Stn-ffV cOr irn.e min-lino,
16j1-h ('h 1n9q A5 R'wseri b y tha,
�'_cm►r�65en,Ar1oi)tvrI Rosa, hfn. 2.017-62I.
BY: :5 , i9llGYn(�
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Associate Planner I
DATE: October 6, 2017 (PC Meeting of 10/24/2017)
SUBJECT: Consider Resolution Approving Conditional Use Permit (CUP) No.
2017-01, to Allow the Operation of a Restaurant and Outdoor Dining
Area with On-Site Service of Beer and Wine at 313 High Street, and
Making a Determination of Exemption Under CEQA in Connection
Therewith, on the Application of Marco Baldieri
BACKGROUND
On August 28, 2017, Marco Baldieri submitted an application for a Conditional Use
Permit (CUP) to allow the operation of an approximately 1,066 square-foot restaurant
and an approximately 834 square-foot outdoor dining area with service of beer and wine
for on-site consumption at 313 High Street. The Zoning Ordinance requires a CUP to
allow a restaurant (with or without alcoholic beverage service) when within 100 feet of a
residentially zoned property. The applicant has also applied with the State of California
Department of Alcohol Beverage Control for a Type 41 License, which would allow
serving of beer and wine for on-site consumption in conjunction with a dining
establishment.
DISCUSSION
Project Setting
Existing Site Conditions:
The lot is approximately 14,500 square-feet and is located on the northeast corner of
High Street and Magnolia Street. Three buildings exist on site; 313 High Street (formerly
occupied by Carli's Bistro), 325 High Street (formerly occupied by Thairapy Salon &
Boutique), and 660 Magnolia Street (currently occupied by Famous Taco Bar Catering).
1
Honorable Planning Commission
October 24, 2017
Page 2
Previous Applications:
On October 30, 1984, the Planning Commission approved Planned Development No.
1040, for the conversion of three existing non-conforming residential structures to
commercial uses.
On September 28, 1999, the Community Development Director approved Administrative
Permit No. 1999-14, for on-site service of beer and wine at the California Coffee
Roasters/La Casita Restaurant.
General Plan and Zoning:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Old Town Commercial Old Town Commercial Commercial
(C-OT) (C-OT)
Very High Density Residential Planned
North Residential (VH) Development 20 Units Senior Apartments
Per Acre (RPD 20U)
South Old Town Commercial Old Town Commercial Metrolink/Amtrak
(C-OT) (C-OT) Parking Lot
East Old Town Commercial Old Town Commercial Welding Shop
(C-OT) (C-OT)
West Old Town Commercial Old Town Commercial I Fire Station
(C-OT) (C-OT)
The Old Town Commercial land use designation in the General Plan is intended to
provide for a wide range of retail and service activities. The Zoning Ordinance requires
Planning Commission approval of a Conditional Use Permit for restaurants with or
without service of alcoholic beverages in the Old Town Commercial (C-OT) Zone when
within 100 feet of residentially-zoned property. This allows for consideration of the
compatibility of the proposed use with surrounding uses in making findings on the
application, and adoption of conditions of approval as deemed necessary.
Parking:
The Municipal Code requires 1 parking space per 300 square feet of gross floor area for
restaurants on High Street. Outdoor dining areas are included in the calculation. The
property currently has 12 parking spaces, including 1 handicapped accessible space,
and meets parking requirements as shown in the table below. As a result, the proposed
restaurant would not require any additional parking.
\\DC1\Department Share\Community Development\DEV PMTS\C U P\2017\2017-01 313 High Street\Agenda Reports\MOORPARK PLANNING COMMISSION.docx
2
Honorable Planning Commission
October 24, 2017
Page 3
Parking Requirements:
Minimum Parking Total Parking
Uses Square-Footage
Required Based on Gross Spaces Required
• •f Building
Floor Area of Buildings and Provided
1,900 sq. ft. 1 space/300 sq. ft. 6.33
Proposed Restaurant (includes
(includes
•-
(includes outdoor dining area) outdoor dining
Existing Catering 435 s.. ft. 1 space/500 sq. ft. 0.87
Vacant 984 sq. ft. 1 space/300 sq. ft. 3.28
Total Parking Spaces 10.48 Spaces
Required:
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following area for Planning
Commission consideration in their decision:
• Control of Alcoholic Beverage Service
• Concentration of Uses
• Outdoor Dining
•
Control of Alcoholic Beverage Service
Staff analysis of the proposed project has identified control of the service of alcoholic
beverages as the primary issue for Planning Commission consideration in their review
of the CUP application. Conditions are recommended by staff to address security
concerns associated with the service of alcoholic beverages. These conditions are
consistent with those recently applied to other restaurants in Moorpark with alcoholic
beverage service.
The applicant has proposed hours of operation from 10:00 a.m. to 10:00 p.m. Two
other restaurants on High Street have permits to serve alcoholic beverages, Cactus
Patch and Lucky Fools Pub. Cactus Patch is open from 6:00 a.m. to 2:00 p.m.,
although their hours of operation are not restricted. Lucky Fools Pub is open from 11:00
a.m. to 12:00 a.m., with their permit restricting operating hours to be between 10:00
a.m. and 12:00 a.m. Staff is recommending limiting hours of this proposed restaurant to
be consistent with those established for Lucky Fools Pub.
In addition, staff is also recommending a condition as follows: "Alcoholic beverages
shall be stored out of reach of customers. Such storage shall be to the satisfaction of
the Community Development Director."
\\DC1\Department Share\Community Development\DEV PMTS\C U P\2017\2017-01 313 High Street\Agenda Reports\MOORPARK PLANNING COMMISSION.docx
3
Honorable Planning Commission
October 24, 2017
Page 4
The Moorpark Police Department has reviewed this application and has no issues with
the alcohol license at this location.
Concentration of Uses
Census Tract 76.13 currently has a total of four restaurants that are permitted to serve
or sell alcoholic beverages. Natural Café, The Cactus Patch, and Brick Oven Cafe
operate under a Type 41 (On Sale Beer & Wine — Eating Place - (Restaurant)) license.
Lucky Fools Pub operates under a Type of 47 (On Sale General for Bona Fide Public
Eating Place (Restaurant)). The applicant is proposing to operate under a Type 41 (On
Sale Beer & Wine — Eating Place — (Restaurant)) license. This permit authorizes the
sale of beer and wine for consumption on the premises, and the establishment must be
operated and maintained as a bona fide eating place. Minors are also allowed on the
premises.
The State Department of Alcoholic Beverage Control (ABC) will not issue a license
unless the applicant has obtained the necessary permit from the City. In its analysis,
the ABC measures the number of businesses selling alcoholic beverages by census
tract, and compares this number to other census tracts in the area and derives a target
number of establishments based on population. If a census tract would exceed the
target number of establishments, then findings of public convenience and necessity
need to be made for an ABC permit to be issued. ABC relies on localities to determine
whether or not findings of public convenience and necessity can be made when there is
an overconcentration of establishments in a census tract.
As mentioned above, the project site is located in the Census Tract 76.13. ABC allows a
total of four licenses for on-site consumption in this tract without meeting the definition
of over-concentration. Four exist at this time. Although the technical definition of
overconcentration would be met with this new license, this census tract has a high
percentage of Moorpark's commercial zoning, within The Village at Moorpark, Moorpark
Marketplace, and the High Street commercial areas. Because of the high percentage of
commercial land in this census tract, it is expected to have more restaurants with
alcoholic beverage service than census tracts that do not include as much commercial
land. In addition, approximately half of the census tract is open space, which further
lowers the population upon which the number of permits is based. A finding of public
convenience and necessity is proposed for this use in the attached draft resolution.
Outdoor Dining
The building currently has an existing outdoor patio that is already designed to allow
outdoor dining with alcohol service; however ABC has specific requirements for fencing
of outdoor alcohol service areas. To assure the outdoor patio is consistent with ABC
requirements; staff is recommending a condition to address this requirement as follows:
\\DC1\Department Share\Community Development\DEV PMTS\C U P\2017\2017-01 313 High Street\Agenda Reports\MOORPARK PLANNING COMMISSION.docx
4
Honorable Planning Commission
October 24, 2017
Page 5
"Outdoor fencing that meets the standards of the California Department of
Alcoholic Beverage Control (ABC) and outdoor furniture must be high quality and
durable, subject to review and approval by the Community Development Director,
prior to installation. The applicant shall submit photographs of the fencing,
furniture and umbrellas to the Community Development Director for review and
approval prior to the issuance of any building permits for the outdoor dining patio.
No signs or banners may be printed on, embroidered on, or attached to in any
way any part of the umbrella fabric. No service of alcoholic beverages will be
allowed in the outdoor dining areas without City-approved fencing that meets
State standards."
Findings:
1. The proposed restaurant with beer and wine is consistent with the provisions of
the City's General Plan, Zoning Ordinance, and other applicable regulations as
conditioned in that the land is planned and zoned for general commercial uses of
the intensity proposed and sufficient parking is available.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the sale of beer and wine for on-site consumption
complements the surrounding uses.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require modification to the
exterior of the existing building.
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the service of alcoholic beverages for on-site consumption.
5. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare, in that conditions are required to ensure proper control
of the service of alcoholic beverages for on-site consumption.
Additional Findings for Establishments Serving Alcoholic Beverages:
1. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract
dominated by shopping centers and Moorpark's Downtown corridor, where such
uses are expected. The proposed use under this Conditional Use Permit will not
result in a detrimental overconcentration of establishments serving alcoholic
beverages for on-site consumption in the area, as these sales will be ancillary to
the service of food from this restaurant.
\\DC1\Department Share\Community Development\DEV PMTS\C U P\2017\2017-01 313 High Street\Agenda Reports\MOORPARK PLANNING COMMISSION.docx
5
Honorable Planning Commission
October 24, 2017
Page 6
2. The proposed use will provide a public convenience and necessity, in that the
service of alcoholic beverages for on-site consumption is an ancillary use to the
primary use of the building as a restaurant.
3. The use will not create the need for increased police services, in that conditions
are required to ensure proper control of the sales and service of alcoholic
beverages for on-site consumption.
4. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
5. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects 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). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: September 27, 2017
Planning Commission Action Deadline: January 22, 2018
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
\\DC1\Department Share\Community Development\DEV PMTS\C U P\2017\2017-01 313 High Street\Agenda Reports\MOORPARK PLANNING COMMISSION.docx
6
Honorable Planning Commission
October 24, 2017
Page 7
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of California Code of
Regulations (CEQA Guidelines) in that this permit involves the re-use of an existing
building with appropriate access, parking and circulation for this proposal. No further
environmental documentation is required.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on October 14, 2017.
2. Mailing. The notice of the public hearing was mailed on October 11, 2017, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square-foot sign was placed on the High Street frontage by
October 13, 2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2017- approving Conditional Use Permit No.
2017-01 with conditions of approval and making a determination of exemption
under CEQA in connection therewith.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Floor Plan
4. Draft PC Resolution with Conditions of Approval
\\DC1\Department Share\Community Development\DEV PMTS\C U P12017\2017-01 313 High Street\Agenda Reports\MOORPARK PLANNING COMMISSION.docx
7
3i
,in i-o
V
CG
, w+
I i CUQ
r
L.,
� N
in
iv —77
� lW B
in I 4 j. 0
cv, 14
I0 1 t _ 52
V
Ti-,
in r 1 co
A es M
,
0 V
I 0
C
in i
w 1
13) as
- I —
{ 1to
f ` 1
I
r—, v
R°7 ! Jl =I
1 C7 0, Q ,zl
" i 0
O. ; =I
R
2 -_- L b
Ls-,
I A 1 N
cu
i = 0 0
}� j J
U 1 � ti o
J '
,
O oc
L O
(( iS efiOUOUV4 c 03r., ` 1SV1�ON9VW ; E
V
1 co
N
i .as
o en
Acss
' j Qom(
lV
iii iO
, Z 9 .s
L
I co
t
E i I
I U CA nes't
1 I 4 s 0"-
C O
I M V1 4
A
" I <V
I ITo (la
I
...
us 61
}
L
,t y
m r w- a g
1 inW
ems—, , T,,, SO L-'
co RS
N ea
N
I — Ea.
-
PC ATTACHMENT 1 8
cn
co
cu
o
1 h cl'' ' Illry ,_ "t,.,_ I. I... 7.
v
N
c.) I
L_ — x
o
Lo
..,..i.
■
"fit 345
w
as
rD
,� x CU
-
(JCO
Ca
al
Z � i. O
110. :
r� 4]
li
el
� � 5
Ow
�� • o
rd
CU
} s.0 n
_ � MI
>,: d 0
a) '- ♦ o
-,g �- t6
I.i-..-- ,''. StrA�=f ,4 `� -..=s
E 4—
al
r ''' Cul i .�
1.
_r`
1� mb
CO
.� Q
L1
' .11' ---------
.. , w y a o`
i §
,..,-
i 0 --,
_.
..
,r .r? . „,
5
„ . ,_ ...
J
. ,,, 0_,,,=..=
Ili
"8 /` fXr1 ilifkiF. ; ._;_,, ' 7 :
- {I]
2 U
sa. co
may+ crl [4
d
H
0
s
PC ATTACHMENT 2
GA FRAbE&DR
0
_. %/
.F ?4�-0_ _.—
-_�
t •
—_—_
0o y
0 o IEw Rsroou DOOR
ao 1 _ _
L R M
IE D"LAN ...-
_ 2 ---- FF -
iPAL O PAAq, �o IBP. FCR[
0
1-7 Elk ® I.
•IDDE WITHOUT USE Of A KEY OR ANY 0 ' _ W
I Ri •
i 6nO I N
-- rW� 1 1
ED TYPE PER AC ACCESS REOURINENTS
TH WEATHERSTRPPNG. _
;R ABOVE IJOTES OVER DOOR , 1.
- TSIEW 16 SIT FRA►ED
3 OPEbBJG
IEXISTING ``yI
ER WINDOWS
0 0 0 0
COR
CLOSER
PONT II
OF SALE ST HT X JO"w1DE
ACCES8 coma
o I.
0 0,
SIGN NO•ABOVE PLR '-
MOUNTED AS CLOSE AS
DOORRSSIBLE TO THE LATCH OP • II
DOOR
RAISED LETTERS ANO BRAILLE
REQUIRED.
NO
SHALL BE AT
PIN HT
ANORAISEDATI:C
1/37pfg
GRaRLEEBwALGRfin 2 EXIT-
BRAILLE
DOTS SHALL BE 1/10 IN OC O O
EACH BETWEEN LDOTS4SHAL WBEgPACE
RAISED I/4O' — - -ter _."
2.'-T-
•
PC ATTACHMENT 3
FLOORPLA\ SCALE 1/4" = 1 F T - 0 IN 10
RESOLUTION NO. PC-2017-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. 2017-01, TO ALLOW
THE OPERATION OF A RESTAURANT AND OUTDOOR DINING
AREA WITH SERVICE OF BEER AND WINE AT 313 HIGH
STREET, AND MAKING A DETERMINATION OF EXEMPTION
UNDER CEQA IN CONNECTION THEREWITH, ON THE
APPLICATION OF MARCO BALDIERI
WHEREAS, on August 28,2017, Marco Baldieri submitted an application for a
Conditional Use Permit (CUP) to allow the operation of an approximately 1,066 square-
foot restaurant and approximately 834 square-foot outdoor dining area with service of
beer and wine for on-site consumption at 313 High Street; and
WHEREAS, at a duly noticed public hearing on October 24, 2017, the Planning
Commission considered Conditional Use Permit (CUP) No. 2017-01; and
WHEREAS, at its meeting of October 24, 2017, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing and reached a decision on this
matter; and
WHEREAS, the Community Development Director has determined that proposed
Conditional Use Permit (CUP) No. 2017-01 is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1
Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit
involves the re-use of an existing building with appropriate access, parking and
circulation for this proposal, and the use is consistent with the applicable general plan
designation and all applicable general plan policies and applicable zoning designation
and regulations. In addition, there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission
concurs with the Community Development Director's determination that proposed
Conditional Use Permit (CUP) No. 2017-01 is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1
Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit
involves the re-use of an existing building with appropriate access, parking and
circulation for this proposal, and the use is consistent with the applicable general plan
PC ATTACHMENT 4
Resolution No. PC-2017-
Page 2
designation and all applicable general plan policies and applicable zoning designation
and regulations. In addition, there is no substantial evidence that the project will have a
significant effect on the environment. The Planning Commission has reviewed the
Community Development Director's determination of exemption, and based on its own
independent analysis and judgment, concurs with the determination of exemption.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1. The proposed restaurant with beer and wine is consistent with the provisions of
the City's General Plan, Zoning Ordinance, and other applicable regulations as
conditioned in that the land is planned and zoned for general commercial uses of
the intensity proposed and sufficient parking is available.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the sale of beer and wine for on-site consumption
complements the surrounding uses.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require modification to the
exterior of the existing building.
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the service of alcoholic beverages for on-site consumption.
5. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare, in that conditions are required to ensure proper control
of the service of alcoholic beverages for on-site consumption.
Additional Findings for Establishments Serving Alcoholic Beverages:
1. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract
dominated by shopping centers and Moorpark's Downtown corridor, where such
uses are expected. The proposed use under this Conditional Use Permit will not
result in a detrimental overconcentration of establishments serving alcoholic
beverages for on-site consumption in the area, as these sales will be ancillary to
the service of food from this restaurant.
12
Resolution No. PC-2017-
Page 3
2. The proposed use will provide a public convenience and necessity, in that the
service of alcoholic beverages for on-site consumption is an ancillary use to the
primary use of the building as a restaurant.
3. The use will not create the need for increased police services, in that conditions
are required to ensure proper control of the sales and service of alcoholic
beverages for on-site consumption.
4. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
5. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2017-01 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 24th day of October, 2017.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
13
Resolution No. PC-2017-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2017-01
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good faith.
14
Resolution No. PC-2017-
Page 5
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2017-01, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. Any future changes to the parking or vehicle
storage layout shall require review and approval by the Community Development
Director.
7. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
8. Conditional Use Permit No. 2017-01 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.6 of the Zoning Code are
found to apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
9. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
pay Los Angeles Avenue Area of Contribution fees in effect at the time of permit
issuance.
10. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a lighting plan for review and approval by the Community Development
Director and Police Chief that demonstrates compliance with the City's Lighting
Ordinance.
11. A separate sign permit application must be submitted for all proposed signs, for
the review and approval of the Community Development Director prior to
issuance of a building permit for a sign.
12. Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit a plan for a fully-covered trash enclosure, with materials and colors
to match the building, for review and approval by the Community Development
15
Resolution No. PC-2017-
Page 6
Director and City solid waste manager. The trash enclosure improvements must
be completed prior to occupancy.
13. Operation of the restaurant is permitted only between the hours of 10:00 a.m.
and 12:00 a.m. (midnight) each day of the week.
14. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
15. Alcoholic beverages shall be stored out of reach from customers. Such storage
shall be to the satisfaction of the Community Development Director.
16. Outside entertainment is not approved as part of this Conditional Use Permit and
requires approval of a separate permit.
17. Music, whether live or pre-recorded, may only take place inside the building and
not exceed a volume that can be heard from beyond the property. Live music
must be acoustic and may not be amplified. All activities on the property must
comply with the City's noise regulations.
18. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
19. The permittee must correct any safety or security problem within three (3) days
upon written notice of such a problem from the Moorpark Police Department.
20. Outdoor fencing that meets the standards of the California Department of
Alcoholic Beverage Control (ABC) and outdoor furniture must be high quality,
durable, and compatible with the design of the shopping center, subject to review
and approval by the Community Development Director, prior to installation. The
applicant shall submit photographs of the fencing, furniture and umbrellas to the
Community Development Director for review and approval prior to the issuance
of any building permits for the outdoor dining patio. No signs or banners may be
printed on, embroidered on, or attached to in any way any part of the umbrella
fabric. No service of alcoholic beverages will be allowed in the outdoor dining
areas without City-approved fencing that meets State standards.
21. Applicant shall provide the Community Development Department with a copy of
the ABC approval prior to sale of any alcoholic beverages.
22. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Section
8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community
16
Resolution No. PC-2017-
Page 7
Development Director, prior to initiation of the uses allowed by this permit. Any
smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark
Municipal Code.
23. No person under the age of eighteen (18) shall serve or package alcoholic
beverages.
24. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
25. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
26. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons to the satisfaction of the Police Chief.
27. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer, wine, or liquor that
are clearly visible to the exterior shall constitute a violation of this condition.
28. No increase of floor area is permitted without approval of an additional permit.
29. Prior to issuance of a Building Permit or Demolition Permit, applicant must submit
a Construction Waste Management Plan to the Solid Waste Division for review
and approval pursuant to Chapter 8-36 of the Moorpark Municipal Code. Prior to
issuance of a Certificate of Occupancy by Building and Safety, applicant must
submit all documentation required by the Construction Waste Management Plan
and Moorpark Municipal Code to the Solid Waste Division to verify compliance.
30. The applicant and his/her successors, heirs, and assigns must maintain solid
waste service as required by Chapter 8-36 of the Moorpark Municipal Code using
a franchised waste hauler approved by the City of Moorpark, unless otherwise
approved in writing by the Solid Waste Division as authorized by Chapter 8-36 of
the Moorpark Municipal Code.
31. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control (ABC) "Leadership and Education in Alcohol and Drugs"
LEAD program or other Responsible Beverage Service (RBS) program, in
the form of an ABC issued certificate.
17
Resolution No. PC-2017-
Page 8
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local ABC office to attend a LEAD
or RBS program course.
-END-
18
ITEM 8.B.
MOORPARK,CALIFORNIA
Planning Commission
of Ih-2t-2 )17
ACTION: APprowd ,1-ff hcrirki1i'til.
A(ioptrri Ft7Es . Nn• fir-9.017- k2?..
BY: :5-R911roQ-
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Associate Planner I
DATE: October 13, 2017 (PC Meeting of 10/24/2017)
SUBJECT: Consider a Resolution Recommending to the City Council Approval
of Tentative Parcel Map No. 2016-01 and Industrial Planned
Development Permit No. 2017-01 for the Subdivision of an
Approximately 10.0 Acre Developed Lot into Two Parcels of 7.8
Acres and 2.2 Acres and the Construction of a 35,330 Square-Foot
Industrial Building on the Newly-Created 2.2-Acre Parcel at 400
Science Drive, and Making a Determination of Exemption Under
CEQA in Connection Therewith, on the Application of Nick Rini for
Nearon Enterprises
BACKGROUND
On November 8, 2016, Nick Rini, of Nearon Enterprises, submitted an application for
Tentative Parcel Map No. 2016-01 and Industrial Planned Development Permit No.
2017-01 for the subdivision of an approximately 10.0 acre developed parcel into two
parcels of 7.8 acres and 2.2 acres, and to construct a 35,330 square-foot industrial
building on a graded pad at 400 Science Drive. A future tenant has not been identified
at this time. Currently the site contains an 115,536 square-foot industrial building
occupied by Benchmark Electronics Manufacturing Solutions, Inc.
An Industrial Planned Development (IPD) Permit is required for any new construction of
more than 2,500 square-feet of industrial building floor area. A Tentative Parcel Map
(TPM) is required when subdividing a property under common ownership into four or
fewer parcels. Both permits require the Planning Commission's recommendation to the
City Council with the City Council being the final decision maker.
19
Honorable Planning Commission
October 24, 2017
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The approximately 10.0 acre property is located on the northeast corner of Science
Drive and Los Angeles Avenue. An undeveloped pad is located to the east side of the
existing building. Vehicular access to the property is taken from Science Drive.
Currently the property includes 371 parking spaces; however, the applicant is proposing
to remove 16 spaces and add 32 new spaces to accommodate the new building's
parking requirements. The proposed parking area, including landscaping, is required
and is addressed in a condition of approval in the attached resolution. Existing shrubs
are located around the property with cluster of trees on the east and south side of the
property.
Previous Applications:
On November 16, 1983, the City Council adopted Resolution No. 83-55, which
approved Development Permit (DP) No. 296, for the construction of an approximately
112,000 square-foot industrial building.
On April 10, 1984, the Planning Commission approved Minor Modification to DP No.
296, to allow modification on the architecture of the eastern elevation of the building.
General Plan and Zoning:
GENERAL PLAN/ZONING
Direction General Plan Zoning N Land Use
Site Light Industrial (I-1) Industrial Park (M-1) Warehousing
Warehousing, Church,
North Light Industrial (I-1) Industrial Park (M-1) Manufacturing, and
Office
Carlsberg Specific Moorpark Marketplace
South Plan Carlsberg Specific Plan pp g Sho m Center
Warehousing,
East Light Industrial (I-1) Industrial Park (M-1) Manufacturing, and
Office
West Light Industrial (I-1) Industrial Park (M-1) Medical Office
General Plan and Zoning Consistency:
The applicant's proposal is consistent with the Zoning classification and General Plan
land use designation. Permits for future uses will be assessed on a case-by-case basis.
\\DC1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Drive\Agenda Reports\PC Report.docx
20
Honorable Planning Commission
October 24, 2017
Page 3
Project Summary
Tentative Parcel Map No. 2016-01 is proposed to subdivide an approximately 10.0 acre
parcel into two parcels of 7.8 acres and 2.2 acres. One building would remain on the
7.8 acre parcel and a new building is proposed on the 2.2 acre parcel. Each parcel
could subsequently be sold separately.
The Industrial Planned Development applies only to the proposed building.
Industrial Planned Development Permit No. 2017-01:
Parcel No. Proposed Use Building Area (sq. ft.)
2.2 Acres Industrial building with a 32,830 sq. ft. first 35,330 sq. ft. (total)
floor and 2,500 sq. ft. mezzanine floor.
Building Design:
The proposed building design can be described as having contemporary industrial
architecture. Concrete tilt-up panels with rectangular tinted "Clerestory" windows are
used throughout to give an industrial appearance to the building. "Clerestory" describes
a high section of wall that contains windows above eye level. Four roll-up doors are
also proposed on the rear (east) side of the building with weathered metal awning
canopy above the roll-up doors. A mixture of concrete panels and tinted glass windows
with aluminum frames are proposed for the storefront with a corrugated metal frame on
top. A weathered metal awning canopy is also proposed in the storefront to match the
rear of the building. A concrete panel element extends above the roof line to give the
building a unique design. The project massing and scale is appropriate for a typical
industrial building and is compatible with the surrounding business campus.
Setbacks and Height:
The proposed building has a 20-foot setback from Science Drive, which is consistent
with the minimum required front setback in the Industrial Park (M-1) Zone. Parking and
landscaping are proposed on the east side of the building. All minimum setbacks
required by Chapter 17.24 of the Zoning Ordinance are achieved. The overall height of
the building is 35 feet I, as allowed in the M-1 zone. However, the building includes a
proposed architectural feature and tower element exceeding this height. The
architectural feature can best be described as a concrete "fin". The maximum height of
this architectural feature is 40-foot, 6 inches. The "tower element" defines the
architectural front of the building and is proposed at 39 feet in height. Exceptions to
building height are discussed in the analysis section below.
Circulation / Parking:
The subject property is accessed by driveways on Science Drive. Science Drive
provides one travel lane in each direction. On-street parking is not permitted along the
roadway. The posted speed limit is 25 miles per hour (mph). On-site parking is available
on the west and south side of the existing building with 32 additional parking spaces
proposed on the east side of the proposed building.
Parking Requirements:
\\DC1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Drive\Agenda Reports\PC Report docx
21
Honorable Planning Commission
October 24, 2017
Page 4
Minimum Parking Total Parking Total Parking
Building - Required Based on Gross Spaces Required Spaces Provided
Floor Area of Building
Existing 115,536 sq. ft. 1 space/500 sq.ft. 231.0 300.0
industrial building
Proposed 35,330 sq. ft. 1 space/500 sq. ft. 70.6 87.0
Industrial building
Total Parking Spaces 302 Spaces 387 Spaces
Required and Provided:
Two driveways are located on the north side of the property. Both buildings will have
access to use both driveways. A condition of approval is recommended for reciprocal
access rights to be provided with this property to enable parking accessibility,
anticipating that the buildings will be under separate ownership in the future, so that
both buildings will have full parking lot accessibility.
Loading Area:
Four loading spaces are proposed in the rear yard of the building; two high docks and
two on-grade loading spaces. Each loading space is 50 feet deep by 20 feet wide with
no overhead obstruction. The code requires a loading area that is a minimum of 50 feet
deep and 12 feet wide with a turning radius of 45 feet: Loading areas must be located
in rear or side yard areas outside of required setbacks and must be designed so trucks
do not back onto public or private streets or alleys. In addition, loading spaces must be
designed to prevent interference with vehicular or pedestrian circulation. The proposed
loading areas do not conflict with traffic or circulation. Four loading spaces are more
than sufficient to accommodate the proposed industrial building.
Landscaping / Lighting:
To ensure landscaping is installed properly and consistent with the City's Landscape
Guidelines, a special condition has been added to submit a landscape and irrigation
plan to be reviewed and approved by the Parks and Recreation Director and the
Community Development Director prior to issuance of a zoning clearance. The lighting
plan will be subject to review by the City's lighting consultant for consistency with the
City's requirements. An additional condition of approval is recommended, requiring that
light poles and fixtures be architecturally compatible with the existing poles and fixtures,
subject to review and approval of the Community Development Director.
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES):
The project has been designed to provide for all necessary on-site and off-site storm
drain improvements including the imposition of National Pollution Discharge Elimination
System (NPDES) requirements. Best Management Practices Drainage Facilities are
required to be provided so that surface flows are intercepted and treated. These items
will be reviewed by the City Engineer/Public Works Director as part of the condition
compliance process.
\0C1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Dnve\Benda Reports\PC Report.docx
22
Honorable Planning Commission
October 24, 2017
Page 5
Air Quality:
All commercial/industrial projects are required to off-set air pollutants consistent with the
2003 Ventura County Air Quality Assessment Guidelines. Staff has included a standard
condition requiring the applicant to make contribution to the Moorpark Traffic System
Management Fund as a method to meet this requirement.
ANALYSIS
Issues
Staff analysis of the proposed project has identified building height and design as an
area for Planning Commission consideration in their recommendation to the City
Council:
As mentioned above, the proposed building design can be considered "contemporary
industrial". The applicant is proposing a project having a design complementary to other
industrial buildings in the business park. The proposed building is constructed of smooth
concrete tilt-up panels with clerestory windows. The purpose of clerestory windows is to
admit light without compromising interior wall space.
The façade has a mixture of design elements. The applicant is proposing a horizontal
corrugated metal frame above the roof line to screen the roof mechanical equipment.
Rectangular "Spandrel glass" windows with aluminum frames are proposed underneath
the corrugated metal frame. "Spandrel glass" is an architectural material used to cover
construction materials and present a finished, seamless, and sleek exterior to buildings.
The applicant is also proposing tinted glass windows with aluminum frames to match
the clerestory and spandrel glass windows. Lastly, two weathered metal awning
canopies, separated by-a 40-foot, 6-inch high concrete panel element, are proposed in
the frontage. Staff has taken consideration into the design of the new building to make
sure that the architectural design proposed is compatible with existing adjacent
buildings. Conditions of approval are proposed to ensure that the materials, textures
and colors of the proposed building are compatible with the existing buildings in the
business park.
As mentioned in the paragraph above, the building includes a proposed architectural
feature exceeding the 35-foot height limitation of the Zoning Ordinance. The
architectural feature can best be described as a concrete "fin". The maximum height of
this architectural feature is 40-foot, 6 inches. Section 17.24.040(D) of the Zoning
Ordinance, allows architectural appurtenances to exceed the maximum building height
when appropriate building scale are achieved and maintained.
Four metal roll-up doors are proposed in the rear of the building for loading and
unloading. A continuous weathered metal awning canopy is also proposed above the
roll-up doors. This provides shade or shelter from weather conditions such as sun or
rain. View of the roll-up doors from Los Angeles Avenue would be extremely limited as
the existing building to the south blocks most of the view of the pad for the new building.
Nonetheless, to screen any potential view of the roll-up doors from the public right-of-
\\DC1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Drive\Agenda Reports\PC Report.docx
23
Honorable Planning Commission
October 24, 2017
Page 6
away, a condition of approval is proposed to enhance the landscape facing Los Angeles
Avenue to the satisfaction of the Community Development Director.
Findings
The following draft findings are provided for Planning Commission consideration:
Subdivision Findings:
A. The proposed map, including its design and improvements, is consistent with the
City's General Plan and Zoning Ordinance as proposed, in that the map has
been designed to comply with the requirements of the City's General Plan in
providing a new industrial parcel adjacent to existing industrial development and
it meets Zoning standards for the Industrial Park (M-1) Zone.
B. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards, including parking, would be met by the proposed
project.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that the site has already been
graded and improved in anticipation of future industrial development.
E. 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.
F. 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 full access to and from Science
Drive for both parcels have been incorporated in the design of this project.
Industrial Planned Development Permit Findings:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the General Plan, any applicable specific plans, Zoning Ordinance,
and any other applicable regulations in that it incorporates design features,
including mass, scale, materials, and colors, to enhance the visual character of
the industrial park location.
\\DC1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Drive\Agenda Reports\PC Report docx
24
Honorable Planning Commission
October 24, 2017
Page 7
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the building
complies with Zoning regulations and sufficient parking is provided on site.
C. The future uses would be compatible with existing and permitted uses in the
surrounding area, which is part of the Industrial Park (M-1) Zoning designation.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects 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). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: October 18, 2017
Planning Commission Action Deadline: N/A
City Council Action Deadline: January 16, 2018
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32 — Infill Development Projects) of the California
Code of Regulations (CEQA Guidelines). The proposed buildings and uses are
consistent with the General Plan and Zoning regulations. In addition, there is no
substantial evidence that the project will have a significant effect on the environment in
\\DC1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Drive\Agenda Reports\PC Report.docx
25
Honorable Planning Commission
October 24, 2017
Page 8
that the site has already been graded and improved in anticipation of future
development. No further environmental documentation is required.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on October 14, 2017.
2. Mailing. The notice of the public hearing was mailed on October 11, 2017, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square-foot sign was placed on the street frontage on October 13,
2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. PC-2017- recommending to the City Council
conditional approval of Tentative Parcel Map No. 2016-01 and Industrial Planned
Development Permit No. 2017-01.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph •
3. Project Exhibits (UNDER SEPARATE COVER)
4. Draft PC Resolution with Conditions of Approval
\\DC1\Department Share\Community Development\DEV PMTS\I P D\IPD 2017-01 400 Science Drive\Agenda Reports\PC Report.docx
26
te" ,
t
(13
LJ
03
•
V
'yC A E f {1
r kV � CU
J CU
E.
0E
Y_
o
X45
m
w +,
Ask o
tip��� - � k �� 4
�� 0
4-='l -
Y—
C9
_
11� 7
'i , fr` a,,,,
•
t6
cu
H'11 a)
4
t
CO
QImo
CO—� - CD
U •
ca
C o
C
cn
•
4
co
cu
Ci
,170
I r
!L^ _ _ ,___ I i Epi �^ Q.
Iii. -__-y- i f' i• i
(113
CI 0
if i
t
11:1'
Q
"' Ii_Till
c,,,,c---°1„,
S d�py�eZ i �f i i 'r II C` �"
a N
1 i f �. O
•-! ' Z e-^
1
1 __-_-__ !DI j o o
, ›, as
To Ri
I
ED $ tt ,h5
_ .-- z CD 0 Q
11 -4S
1 � IHl = i
.fid I�
IS aouiyi Q ,� I �� m
I C1 1 o
� 1 �i ....
w
ti 1
t'; c o
PT IL
11 1
! CO Q
G [ (H
_H o
as
I r:: `^ E
n —
� 6 arra -- — —
�� ue�tlS H Q
PC ATTACHMENT 1 27
X - ,.
.. Li,
*
Ow
Rina y > (!)" a)%4 e CR
!/ O
rim
CU
t 113
Ncy�
•
•
a
CU
a.
..... 2
o•
o
o
C t
fCi
rT1J '
Y7 -,<>"' ' NCO r' .._.
O
P
rcla
Io
�J
o
c - . -- t .,--;-- ---..A..t.. ri.;..---: '- ---*'-------:=1:---:, 'f..=.'i A ''', c) '6 t-TA
47, N
V co
cu
;�
_ r a 0 � �
w
Zachary St '.% .T: _ 4 CLF 4Q
of -,
) MIN i ` I( 029 =
.,
i r
- : Q � N a �
I
•
CN
75 ra
liammit L'
m nor Sty '� 7 �l_L1cu a3
� _ - Q' u'1 SC
I "
cu
IIw
m � k1 em. # , = Q
�_
0
R d y� _ y. .-____ `, "tit
n ami
'Ting Spring Rd p U t- L
PC ATTACHMENT 2 28
PROJECT EXHIBITS
• Proposed Site Plan
• Proposed 1st Floor Plan
• Proposed 2nd Floor Plan
• Building Elevations (South and West)
• Building Elevations (North and East)
• Material Board
• Landscape Plan
• Tentative Parcel Map (Title)
• Tentative Parcel Map
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3 29
RESOLUTION NO. PC-2017-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
2016-01 AND INDUSTRIAL PLANNED DEVELOPMENT PERMIT
NO. 2017-01 FOR THE SUBDIVISION OF AN APPROXIMATELY
10.0 ACRE DEVELOPED LOT INTO TWO PARCELS OF 7.8
ACRES AND 2.2 ACRES AND CONSTRUCTION OF A 35,330
SQUARE-FOOT INDUSTRIAL BUILDING ON THE NEWLY-
CREATED 2.2-ACRE PARCEL AT 400 SCIENCE DRIVE, AND
MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF NICK
RINI FOR NEARON ENTERPRISES
WHEREAS, on November 8, 2016, Nick Rini, for Nearon Enterpirses, submitted
an application for Tentative Parcel Map (TPM) No. 2016-01 and Industrial Planned
Development (IPD) Permit No. 2017-01 for the subdivision of an approximately 10.0
acre developed lot into two parcels of 7.8 acres and 2.2 acres and construction of a
35,330 square-foot industrial building on the newly-created 2.2 acre parcel; and
WHEREAS, at a duly noticed public hearing on October 24, 2017 for TPM No.
2016-01 and IPD No. 2017-01, the Planning Commission considered the agenda report
and any supplements thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against the proposal; closed the
public hearing and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined that TPM No.
2016-01 and IPD No. 2017-01 are categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32: In-fill
Development Projects) of the CEQA Guidelines. The proposed building is consistent
with the General Plan and Zoning regulations. In addition, there is no substantial
evidence that the project will have a significant effect on the environment in that the site
has already been graded and improved in anticipation of future development. No
further environmental documentation is needed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, based on its own independent analysis and judgment, concurs with the
Community Development Director's determination that the project is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15332 (Class 32: In-fill Development Projects) of the CEQA
Guidelines. The proposed building and is consistent with the General Plan and Zoning
regulations. In addition, there is no substantial evidence that the project will have a
PC ATTACHMENT 4
30
Resolution No. PC-2017-
Page 2
significant effect on the environment in that the site has already been graded and
improved in anticipation of future development. No further environmental
documentation is needed.
SECTION 2. TENTATIVE PARCEL MAP PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings:
A. The proposed map, including its design and improvements, is consistent with the
City's General Plan and Zoning Ordinance as proposed, in that the map has
been designed to comply with the requirements of the City's General Plan in
providing a new industrial parcel adjacent to existing industrial development and
it meets Zoning standards for the Industrial Park (M-1) Zone.
B. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards, including parking, would be met by the proposed
project.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that the site has already been
graded and improved in anticipation of future industrial development.
E. 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.
F. 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 full access to and from Science
Drive for both parcels have been incorporated in the design of this project.
SECTION 3. PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.030:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the General Plan, any applicable,specific plans, Zoning Ordinance,
and any other applicable regulations in that it incorporates design features,
31
Resolution No. PC-2017-
Page 3
including mass, scale, materials, and colors, to enhance the visual character of
the industrial park location.
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the building
complies with Zoning regulations and sufficient parking is provided on site.
C. The future uses would be compatible with existing and permitted uses in the
surrounding area, which is part of the Industrial Park (M-1) Zoning designation.
SECTION 4. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of TPM No. 2016-01 and IPD
Permit No. 2017-01 subject to the Special and Standard Conditions of Approval
included in Exhibit A (Special and Standard Conditions of Approval), attached hereto
and incorporated herein by reference.
SECTION 5. FILING OF RESOLUTION: The Community Development Director
shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 24th day of October, 2017.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Special and Standard Conditions of Approval
32
Resolution No. PC-2017-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP NO. 2016-01 AND
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2017-01
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Subdivisions and
Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibits
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 OF APPROVAL
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
4. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension 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
must be made in writing, at least thirty calendar (30) days prior to the expiration
date of the map and must be accompanied by applicable entitlement processing
deposits.
5. This Industrial Planned Development permit expires one (1) 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
33
Resolution No. PC-2017-
Page 5
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 must be made in writing, at least thirty (30) days
prior to the expiration date of the permit and must be accompanied by applicable
entitlement processing deposits.
The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and/or plans or on the entitlement application. This language shall be
added as a notation to the Final Map and/or to the final plans for the planned
development.
6. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
7. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to do
so or should fail to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
8. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
34
Resolution No. PC-2017-
Page 6
9. The development must be in substantial conformance with the plans presented in
conjunction with the application for Tentative Parcel Map No. 2016-01 and
Industrial Planned Development No. 2017-01, except any modifications as may
be required to meet specific Code standards or other conditions stipulated
herein. Any future changes to the parking layout shall require review and
approval as determined by the Community Development Director consistent with
Chapter 17.44 of the Zoning Ordinance.
10. Industrial Planned Development No. 2017-01 may be revoked or its use
suspended by the City, if any of the causes listed in Section 17.44.080.6 of the
Zoning Code are found to apply, including if the use for which the permit was
granted has not been exercised for at least twelve (12) consecutive months, has
ceased to exist, or has been abandoned. The discontinuance for a period of one
hundred eighty (180) or more days of a nonconforming use or a change of
nonconforming use to a conforming use constitutes abandonment and
termination of the nonconforming status of the use.
11. Tentative Parcel Map No. 2016-01 and Industrial Planned Development No.
2017-01 is granted or approved with the City's designated approving body
retaining and reserving the right and jurisdiction to review and to modify the
permit—including the conditions of approval—based on changed circumstances.
Changed circumstances include, but are not limited to, major modification of the
business; a change in scope, emphasis, size, or nature of the business; the
expansion, alteration, reconfiguration, or change of use; or the fact that the use is
negatively impacting surrounding uses by virtue of impacts not identified at the
time of application for the conditional use permit or impacts that are much greater
than anticipated or disclosed at the time of application for the conditional use
permit. The reservation of right to review any permit granted or approved under
this chapter by the City's designated approving body is in addition to, and not in
lieu of, the right of the City, its Planning Commission, City Council and
designated approving body to review and revoke or modify any permit granted or
approved under this chapter for any violations of the conditions imposed on such
permit.
12. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a color and material board for review and approval of the Community
Development Director. Materials, textures and colors of the building shall be
compatible with the existing buildings in the business park.
13. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a lighting and landscaping plan for review and approval by the Community
Development Director, Parks and Recreation Director, and Police Chief that
demonstrates compliance with the City's Zoning Ordinance, Landscape
Standards and Guidelines, and Water Efficient Landscape Ordinance, and
provides a safe and secure environment for the building occupants.
35
Resolution No. PC-2017-
Page 7
14. Existing landscaping along the site's Los Angeles Avenue frontage shall be
enhanced to the satisfaction of the Community Development Director. All
enhanced landscaping shall be installed prior to Certificate of Occupancy.
15. None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines shall be used on the development site.
16. Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit a plan for a fully-covered trash enclosure, with materials and colors
to match the building, for review and approval by the Community Development
Director and City solid waste manager.
17. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
submit a Developer Waste Reduction and Recycling Plan to the satisfaction of
the Administrative Services Manager.
18. All necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
19. Prior to the issuance of each building permit, the applicant shall provide a sample
of the glass to be used, along with the manufacturer's specifications for exterior
reflectance, for review and approval by the Community Development Director.
Glass used along the Los Angeles Avenue frontage shall not exceed 8% exterior
reflectance.
20. Concurrent with the lighting review to determine compliance with Chapter 17.30
of the Moorpark Municipal Code, the applicant shall provide the Community
Development Director exhibits demonstrating that all lighting fixtures across both
properties are architecturally compatible with the buildings and landscaping.
LED lighting is encouraged to conserve electricity.
21. Parking areas must be developed and maintained in compliance with the
Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer/Public Works
Director, and must include adequate provisions for drainage, National Pollution
Discharge Elimination System (NPDES) compliance, striping and appropriate
wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking
space striping must be maintained to be clearly visible during the life of the
development.
36
Resolution No. PC-2017-
Page 8
22. The number of parking spaces shall be maintained consistent with Chapter 17.32
of the Zoning Ordinance.
23. Reciprocal access to parking lots shall be provided in the C.C. &R.'s and shall be
maintained by both property owners to enable accessibility to the satisfaction of
the Community Development Director and City Attorney
24. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
25. No outdoor storage, including vehicle storage, is allowed under this approval.
Any request for outdoor storage shall be subject to the application requirements
in place at the time of such request.
26. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit all fees, including, but not limited to Los Angeles Avenue Area of
Contribution Fee, Air Quality Fee, Tree and Landscape Fee, Fire Protection
Facilities Fee, Police Facilities Fee, and Library Facilities Fee. All entitlement
processing fees must be paid up prior to the issuance of a Zoning Clearance for
a building permit.
27. Prior to issuance of a Zoning Clearance for .a building permit, applicant shall
either submit an in-lieu art fee or indicate a location for on-site public art in
compliance with Chapter 17.50 of the Zoning Ordinance. If on-site public art is
approved, it must be installed and completed prior to issuance of a Certificate of
Occupancy.
Engineering / Public Works
28. Prior to Final Map approval and recordation, provide an irrevocable offer to
dedicate property at the northeast corner of Science Drive and Los Angeles
Avenue for future intersection improvements. Future intersection improvements
are for one dedicated right-turn lane(southbound), one dedicated left-turn/thru
lane (southbound), and one travel lane (northbound) at the northern leg
of Science Drive at Los Angeles Avenue. The irrevocable offer to dedicate shall
be to the satisfaction of the City Engineer and Community Development Director.
29. Prior to Final Map approval and recordation, provide drainage covenants from
adjacent property subject to the satisfaction of the City Engineer.
30. Prior to Final Map approval and recordation, provide access agreements and
covenants from adjacent property subject to the satisfaction of the City Engineer.
37
Resolution No. PC-2017-
Page 9
31. Provide post-construction storm water Best Management Practice (BMP) and
Low Impact Development design, including technical feasibility report subject to
the satisfaction of the City Engineer.
-End-
38
ITEM: 8.C.
MOORPARK,CALIFORNIA
Planning Commission
of 11)-2.1+-201-7
ACTION:Ctrltinh r4 ()pm Pubicarin9
w
'(� r ic1 I mo rti ref 11--7-VV.
BY: 7. iiqui fl-
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Joseph Fiss, Economic Development and Planning Manager
DATE: October 19, 2017 (PC Meeting of 10/24/2017)
SUBJECT: Consider a Resolution Recommending Approval to the City Council
of 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
Request to Develop 95 Townhouse Condominiums and a Recreation
Facility on Approximately 8.3 acres at 4875 Spring Road and 384 Los
Angeles Avenue, and Recommending Adoption of a Mitigated
Negative Development Under CEQA in Connection Therewith; 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.
S:\Community Development\DEV PMTS\R P D\2015-02 Spring Road LLCVagenda Reports\PC Agenda Report(draft]docx
39
Honorable Planning Commission
October 24, 2017
Page 2
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.
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 1600 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. This application did not proceed.
40
Honorable Planning Commission
October 24, 2017
Page 3
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
(Very High
RPD 12U (Residential
VH
West
Density Residential) Planned Development— Residential
12 Units Per Acre) I
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
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.
41
Honorable Planning Commission
October 24, 2017
Page 4
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-
16.5U) for the residential portion of the project and to Open Space (OS) for the portion
of the project site in the Arroyo Simi floodway.
Vesting Tentative Tract Map No. 5972:
Parcel Size (in acres)
Development Area 5.7
Street Dedication 0.1
Arroyo Dedication I 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
42
Honorable Planning Commission
October 24, 2017
Page 5
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 Planning Commission is a recommending body on the
Development Agreement. In general, the development agreement provides for 15 of •
the units (Plan 1) to be deed restricted and sold to qualified low income households. It
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
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 and 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
43
Honorable Planning Commission
October 24, 2017
Page 6
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
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 on
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
44
Honorable Planning Commission
October 24, 2017
Page 7
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.
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
provide support for such landscaping. A condition of approval has been included to this
effect.
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES)
The City Engineer has conditioned the project to provide for all necessary on-site and
off-site storm drain improvements including the imposition of National Pollution
Discharge Elimination System (NPDES) requirements. "Passive" Best Management
Practices Drainage Facilities are required to be provided so that surface flows are
intercepted and treated on the surface over biofilters (grassy swales), infiltration areas
and other similar solutions.
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.
45
Honorable Planning Commission
October 24, 2017
Page 8
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 Planning
Commission consideration in their recommendation to the City Council:
• 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.
46
Honorable Planning Commission
October 24, 2017
Page 9
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
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 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 Buildings/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
47
Honorable Planning Commission
October 24, 2017
Page 10
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.
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 access to the Arroyo from Spring Road, a condition off 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.
48
Honorable Planning Commission
October 24, 2017
Page 11
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.
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.
49
Honorable Planning Commission
October 24, 2017
Page 12
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
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.
50
Honorable Planning Commission
October 24, 2017
Page 13
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.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be. exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has prepared or supervised the preparation of an Initial Study to assess
the potential significant impacts of this project. Based upon the Initial Study, the
Director has determined that there is no substantial evidence that the project or any of
its aspects may cause a significant effect on the environment and has prepared a
Proposed Mitigated Negative Declaration for Planning Commission review and
consideration before making a recommendation on the project. Comments on the
Proposed Mitigated Negative Declaration will be accepted through November 3, 2017.
NOTICING
Due to a noticing error in which the incorrect hearing date was placed on the Public
Notice Sign, additional noticing was required to ensure proper notice was given. Public
Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning
Ordinance as follows:
51
Honorable Planning Commission
October 24, 2017
Page 14
1. Publication. The notice of the public hearing was published in the Ventura County
Star on October 14, 2017 and October 22, 2017.
2. Mailing. The notice of the public hearing was mailed on October 11, 2017 and
October 19, 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 is to be placed on the street frontage by October
13, 2017, and was updated on October 18, 2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and continue the item to a
special Planning Commission meeting at 7:00 p.m. on November 7, 2017 with
the public hearing still open.
2. Continue to accept testimony at a special Planning Commission meeting at 7:00
p.m. on November 7, 2017 and close the public hearing.
3. At the November 7, 2017 special Planning Commission meeting, adopt
Resolution No. PC-2017- recommending to the City Council conditional
approval of Residential Planned Development No. 2015-02, General Plan
Amendment No. 2015-02, Zone Change No. 2015-03, Vesting Tentative Tract
Map No. 5972, Development Agreement No. 2015-01.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (Under Separate Cover)
4. Initial Study and Mitigated Negative Declaration
5. Draft PC Resolution with Conditions of Approval
52
(.....,
,..._
•
,....,
as
. . a)
0.
C C ...
,, ,... • 4
E
; 0
, .....
C, o--
(-)
a 0 CI_ 0 • .
OS a3
6,-..
_
.74` .SID
C.
r.'. F--
,
•
•
u)
Iglio c
.., ,,, is' 4,7 •-.--:-
. ...,
„ - a
, .
: ;33
i V
- _
v i C7,
zN .,
..--•
CZ
0 (1)
-,.. .
. ,.. -.E.
z - .
, 0
. -L..-
±
.___
__- - -
.
, pH Oupds Il
Ca r I •/ .. , \ T--- 4.,I
C
I
-- I 2
C t;CH
0 i I 1 11116:66..- ---4
-
4-0 f' I /_ (1)
CZ P
C,) i: -1 --, :7.
C...
t-
I 0-
...II I
IS) (74
---i 1 I
CZ) 0
I
.....
.o 1 > i . .
4.7:---- r- I
1 :•;- :
1 ,
, , a
- .
,
_ -r-
--_ s .
1 g ---I ,0I147 I , I 1 I --
..
,et
1 .* I . I ..
. ....-o
• • ---' -
-
iv
E
1,if) 41 - .., , . :
1 :t.:1- -..E 2
, ...,
.
a_ c
— 1
____ - as —
; 1"--- -- --- 1 7 --
.,,,
I 1 I 0 0)
0 t13
' I I ; . ,
I ...__I
- HII I 1. 1 I I 1 ; ' ; I k
Is Wolue..14 • ...-•
.---- I ' -CS L3
o_
•I II
\
i ,., • ,
C ,.... 0
--1
: t .,I : ::-..- —1:-'---- -r •}•••,..,-- 1 --F-3-----T---1 ; T ; ; ; s. ";;=;;," E
Pie(HUY
CF)
1 1 '-- C eTS •C
' ; r----11 • '.. 1 1 I , °I i ' •--- 1
N ; .4...,
!= :-'1._ li : r T i-- 0` i -c-.- ---I 1 --1-----i ,,_ : • CO 70
r) •:' ,, i 1 ' ., , „.., _,,
-,--1-11 i i__.
,.
. ..
7-0 as
ri-h----- 4 _ t ', -g -7.-: --;
I----'•c'r-- ,..,', ! ', ,., m m
CI
nj i tri- -1-.-4.]
a p .7! ' 1---1 -I ''' 1"-1 : T.. L, •,, 'a' 0
1-1--c,
........,.._ In i :,____ c r--- ....,:_, ; , II- L-1 uu I --1-r—iril'
cr)
1 " I '.:.."
--i s..-1--- 4 ...,- _i....../ \
Imo
. .o I' tZ1--- .1.__ _ CO
a.) ..-
II ,.... c
1 2 I 0. 0
-- --
r ----,
----- ------- -I-
I i• us
en as
1
E
I I 1111 ; . 1
1 -- I—
PC ATTACHMENT 1 53
--4
1 ,., .*
4
.,
Es_
..).
„,,
,,,, ...,..., 3. .._ A. 0.)
L--• a) .
13 k 1 . -IP- 47 4,111!•-- aJ
c ..a.
0 c'i•
a E
al E
..3 0
,... z.
- ca
*a
a, E_
a) # =
in
,.
11 I Ijk 44'2
A
%,,,) . yi
i o
e I—
P
I lit ' .40,
i ^.4
.
x-•-
-
144 4,„41, i ,., ••k
, „
I Ili• 4. IA. „. 0
4.: - • 1 . .1 - \*/ ...,
• ,-.
” ' . a;
• t
"t5
"" fo, •
a.)
f 31 . • '"'' ...
41kir . r3
cn 0
0 II.Er- • , ii it• # ... ,
..... -
..
,. 0 4•1., ..
'0
Ci_ if - 1 •...., ,,,, 41,. ,....,
_
r„ ,,, ' - --I ==k• ''''' sr S ' - .'''''- 1
a.) i t.. ..., .4 • i ittri N.
a5
4( * ,
t .
^. - it ,.
- .. --: ' •*- ,
Atelf,
CP 0
• 1i '4 110/A.iik '''
,
0 ‘_-
_
00 0
...=.
1--iti
*LI
3 --
* 'OPPP ea
IN ow,
E °
: 3 t tli •a a, OS /I" /4 0* 44 , koilloo , ' 0_ C
t - •:414 r 1. - . • CS3 •
.4., 14.1 • 0 0)."'
0 CU
_r
1 I c ,
• .
! •.
•• —1—•
,
Al
0 76 m
— -,--.
r
- 1 Tek
C3 •C
r -
= -,--
A ,
f
I ' - 11
.,1
- RS CZ
,
"..'' -"' 1111111MIN • ** 4/1181111. 4--iiiiiii*' Tiiiiiiii
cn #_
r • - - 1 _ , t o
,„.... ....,„,, • - -- -L-. '' '' , • . .. A, -
LI
''
• a!, rr al iv ..4 ifi# ''allows' .,, .
• • 4".. *"' 1' 1 (1 I Woo--44418.4
C
••• OP, I-)1 o_ pzi
441,-- 1.11 inismina. , weimaimint _ . ,
i
, .•,,, , ,
- 0_0
I . n I • *
a
me NM
• . .. , E a)
t 1 r. Bit
• cana.,-. #:.,,,..... a •-• —
' illtaillair F-
PC ATTACHMENT 2 54
P. P —
PROJECT EXHIBITS`
INDEX
CS COVER SHEET
CS-1 PROGRAM SURVEY
SP-1 SITE PLAN
SP-1A SITE SECTIONS A, B, C & D
SP-1B SITE SECTION E-E
1.0 PLAN 1
2.0 PLAN 2
3.0 PLAN 3
5 UNIT BUILDING FIRST
4.05 UNIT BUILDING FIRST FLR PLAN
4.15 UNIT BUILDING SECOND FLR PLAN
4.25 UNIT BUILDING THIRD FLR PLAN
4.35 UNIT BUILDING ROOF PLAN
4.45 UNIT BUILDING FRONT & REAR ELEVATION
4.55 UNIT BUILDING RIGHT SIDE & LEFT SIDE ELEVATION
RECREATIONAL FACILITY
5.0 REC. FAC. PLAN & ELEVATIONS
VESTING TENTATIVE TRACT MAP NO. 5972
CONCEPTUAL GRADING AND DRAINAGE PLAN
CONCEPTUAL UTILITY PLAN
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3 55
Spring Road,LLC
(Residential Planned Development No.2015-02;
+;��a'�. General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
•r_
v' No. 5972,Development Agreement No. 2015-01)
Y•
..t {� CITY OF MOORPARK INITIAL STUDY
799 MOORPARK AVENUE
MOORPARK, CA 93021
(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 5300 Whitman Road
No.: 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 checkedbelow would be potentially affected by this project,involving at least one impact that is a
Potentially Significant Impact"or"Less Than Significant With Mitigation,"as indicated by the checklist on the following pages.
Aesthetics Agricultural and Forestry Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards and Hazardous Materials X Hydrology/Water Quality
Land Use/Planning Mineral Resources X Noise
Population/Housing Public Services Recreation
X Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance
None
1
PC ATTACHMENT 4
56
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
DETERMINATION: On the basis of this initial evaluation,
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, Economic Development and Planning Manager
Date: October 2, 2017
Reviewed by: David A. Bobardt, Community Development Director
Date: October 2, 2017
2
57
Spring Road,LLC
(Residential Planned Development No.2015-02,
General Plan Amendment No. 2015-02,Zone
Change No.2015-03,Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
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 SIC 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 Action: Plan Check and Physical Inspection
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 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.
Monitoring Action: Community Development Director to review pre-construction
landscape and 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.
3
58
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
Change No.2015-03, Vesting Tentative Tract Map
• No. 5972,Development Agreement No. 2015-01)
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 Action: Inspect drainage and flood control improvements to the Arroyo Simi
and/or the site as recommended by the hydrology study and for
compliance with NPDES.
Timing: During grading and prior to dwelling construction.
Responsibility: Public Works Department, Community Development Department,
Federal Emergency Management Agency
4
59
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No. 2015-01)
AGREEMENT TO PROPOSED MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
•
In accordance with the CEQA Guidelines Section 15070(California Code of Regulations Title 14, Chapter
3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for
public review.
I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT
DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE-
LISTED MITIGATION MEASURES IN THE PROJECT.
Signature of Project Applicant Date
5
60
Spring Road,LLC
(Residential Planned Development No.2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No.2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
A. AESTHETICS—Would the project:
•
1)Have a substantial adverse effect on a scenic vista? X
2)Substantially damage scenic resources,including,but X
not limited to,trees,rock outcroppings,and historic
buildings within a state scenic highway?
3)Substantially degrade the existing visual character or X
quality of the site and its surroundings?
4)Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: The Site is not located within an identified scenic corridor and there are no scenic resources
on site. Normal street lighting and residential light sources will not have a significant impact
on vistas and will be evaluated and be consistent with the City's lighting ordinance.
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?
6
61
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
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?
7
62
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No.2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No.5972, Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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 Control District of 25 lbs. per day. A Standard Condition of Approval has been
added as part of the project for the developer to pay a contribution to the City's Air Quality
fund, reducing this impact to a less than significant level. No additional mitigation is needed.
Sources: Ventura County Air Pollution Control District:Ventura County Air Quality Assessment
Guidelines(2003).
Mitigation: None Required.
D. BIOLOGICAL RESOURCES—Would the project:
1)Have a substantial adverse effect,either directly or X
through habitat modifications,on any species identified
as a candidate,sensitive,or special status species in
local or regional plans,policies,or regulations,or by the
California Department of Fish and Game or U.S.Fish
and Wildlife Service?
2)Have a substantial adverse effect on any riparian habitat X
or other sensitive natural community identified in local or
regional plans,policies,regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
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.
8
63
•
Sprung Road,LLC
(Residential Planned Development No.2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No.2015-01)
Less Than
Significant
Potentially " With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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)
Mitigation: 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.
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 X
outside of formal cemeteries?
•
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.
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
9
64
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No.2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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 X
adopted for the purpose of reducing the emissions of
greenhouse gases?
10
65
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
• Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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
11
66
Spring Road,LLC
(Residential Planned Development No.2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No.2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
injury or death involving wildiand fires,including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
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?
12
67
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No.2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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 proposeddevelopment will generate a significant amount of impervious surface area as
well as drainage connections to the Arroyo Simi.
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 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.
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 cohservation plan or X
13
68
Spring Road,LLC
(Residential Planned Development No.2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03, Vesting Tentative Tract Map
No. 5972,Development Agreement No.2015-01)
Less Than
Significant
Potentially. With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
natural community conservation plan?
Response: The Tentative Tract Map and Residential Planned Development Application were filed
concurrently with a General Plan Amendment and Zone Change. The applications and plans
are internally consistent and, if approved, will not conflict with any other plans. The project is.
consistent with the goals and policies of the General Plan.
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?
•
14
69
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02, Zone •
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
5)For a project located within an airport land use plan or, X
where such a plan has not been adopted,within two
miles of a public airport or public use airport,would the
project expose people residing or working in the project
area to excessive noise levels? •
6)For a project within the vicinity of a private airstrip,would X
the project expose people residing or working in the
project area to excessive noise levels?
Response: There will be a temporary increase in noise during grading and construction. Noise
generators will be required to comply with the City's Noise Ordinance and allowed hours of
construction. Future residents on site may be subject to excessive noise levels from traffic
on Los Angeles Avenue 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 includean
acousticalbaffie, 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?
15
70
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No.2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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
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.
0. RECREATION
1)Would the project increase the use of existing X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2)Does the project include recreational facilities or require X
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
16
71
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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.
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 andbicycle 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.
17
72
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02, Zone
Change No. 2015-03,Vesting Tentative Tract Map
No. 5972,Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Sources: Project Application and exhibits(11/17/15), General Plan Circulation Element(1992)
Mitigation: None
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
18
73
Spring Road,LLC
(Residential Planned Development No. 2015-02,
General Plan Amendment No. 2015-02,Zone
Change No. 2015-03, Vesting Tentative Tract Map
No. 5972, Development Agreement No. 2015-01)
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
of the environment,substantially reduce the habitat of a
fish or wildlife species,cause a fish or wildlife population
to drop below self-sustaining levels,threaten to
eliminate a plant or animal community,reduce the
number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the
major periods of California history of prehistory?
2)Does the project have impacts that are individually X
limited,but cumulatively considerable? ("Cumulatively
considerable"means that the incremental effect of a
project are considerable when viewed in connection with
. the effects of past projects,the effects of other current
• projects,and effects of probable future projects)?
3)Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
•
either directly or indirectly?
Response: This is an infill project on a substantially disturbed site within an urban setting.
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 froth (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.
19
74
RESOLUTION NO. PC-2017-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF 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 REQUEST TO
DEVELOP 95 TOWNHOUSE CONDOMINIUMS AND A
RECREATION FACILITY ON APPROXIMATELY 8.3 ACRES
AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE,
AND RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DEVELOPMENT UNDER CEQA IN CONNECTION
THEREWITH; ON THE APPLICATION OF SPRING ROAD LLC
(MIKE ASHLEY, DON DUNCAN).
WHEREAS, on November 17, 2015, an application 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
was filed by Spring Road LLC for a development of 95 townhouse units on 8.25 acres
on the west side of Spring Road, south of Los Angeles Avenue; and
WHEREAS, at a duly noticed public hearing on October 24, 2017 and November
7, 2017, the Planning Commission considered the applications 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; and
WHEREAS, at its meeting of October 24, 2017, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and reached a decision on this matter; and
WHEREAS, at its meeting of November 7, 2017, the Planning Commission took
and considered public testimony both for and against the proposal; and reached a
decision on this matter; and
WHEREAS, the Community Development Director has preliminarily determined
that, with the incorporation of changes to the project or conditions of approval to
mitigate potentially significant impacts with respect to hydrology, noise, and traffic
issues, there is no substantial evidence that the project or any of its aspects may cause
a significant effect on the environment and a Proposed Mitigated Negative Declaration
has been prepared for this project.
PC ATTACHMENT 5
75
Resolution No. PC-2017-
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning
Commission has read, reviewed and considered the Initial Study and Proposed
Mitigated Negative Declaration prepared for the project prior to making a
recommendation on the project. The Planning Commission concurs with the
Community Development Director that with the incorporation of changes to the project
or conditions of approval to mitigate potentially significant impacts with respect to
hydrology, noise, and traffic issues, there is no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment, and recommends
adoption of the Mitigated Negative Declaration prepared for this project.
SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040, with the imposition of
Standard and Special Conditions of Approval attached hereto and incorporated herein
as Exhibit A:
A. The site design, including structure locations, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
goals and policies of the City's General Plan and Zoning Ordinance as
proposed to be amended by General Plan Amendment No. 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.
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.
76
Resolution No. PC-2017-
Page 3
SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information
set forth in the staff report(s) and accompanying maps and studies the City Council has
determined that the proposed Vesting Tentative Tract Map No. 5972, with imposition of
the attached special. and standard Conditions of Approval, meets the requirements of
California Government Code Sections 66473.1, 66473.5, 66474, 66474.6, and 66478.1
et seq., in that:
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.
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.
77
Resolution No. PC-2017-
Page 4
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.
SECTION 4. DEVELOPMENT AGREEMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 15.40.100:
A. The provisions of the development agreement are consistent with the general
plan and any applicable specific plan in that the proposed project will provide for
the orderly development of land identified in the City's General Plan and Zoning
Ordinance as appropriate for residential development and the Development
Agreement will strengthen the planning process by providing vesting of
development rights, addressing timing of development, determining development
fees, and providing affordable housing.
78
Resolution No. PC-2017-
Page 5
B. The provisions of the agreement are consistent with Chapter 15.40 of the
Moorpark Municipal Code in that the City is authorized to enter into a binding
contractual agreement with any person having a legal or equitable interest in real
property within its boundaries for the development of such property in order to
establish certainty in the development process.
SECTION 5. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends the following to the City Council:
A. Adoption of the Mitigated Negative Declaration prepared 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.
B. Approval of General Plan Amendment No. 2015-02, for a change in the Land
Use Designation of the project site as shown on the General Plan Map of the
Land Use Element from C-2 (General Commercial) and Floodway to Very High
Residential Density (VH) and Floodway as shown in Exhibit A, attached.
C. Approval of Zone Change No. 2015-03, for a change in the zoning of the project
site from Commercial Planned Development (CPD) to Residential Planned
Development (RPD-16.5U) and Open Space (OS) as shown in Exhibit B,
attached.
D. Approval of Residential Planned Development No. 2015-02 and Vesting
Tentative Tract Map No. 5972, subject to the Standard and Special Conditions of
Approval included in Exhibit C, attached.
E. Approval of Development Agreement No. 2015-01 as shown in Exhibit D,
attached.
79
Resolution No. PC-2017-
Page 6
SECTION 6. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 7th day of November, 2017.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A: General Plan Amendment Maps (Existing and Proposed)
Exhibit B: Zone Change Maps (Existing and Proposed)
Exhibit C: Standard and Special Conditions of Approval for Residential Planned
Development Permit No. 2015-02 and Vesting Tentative Tract Map No.
5972
Exhibit D: Draft Development Agreement
80
Reso ut o n Nu. PC-2017-
Page
C 201EPage 7
EXHIBIT A
T _....
'�.HEFP AN �.4.,.E
I
jj
E. LOS ANGELES '�:'E .
I
0 -2 f.
.0
II
:._., .:
.,-■ C-2 w
Ill ..., •
4,........-..,,
.�
ff{f/ Y � 'P^ ✓
,�MIMM / rtr't �
L µ WX4W r MN ~
ya.4i't.A'et'•�.•.y.O.yVrYi;rY-Y'.1"k
xnwtuw.� f M. Ir N. i,i. YY.
H
i. , t."- ---,,,,,..4,•,4.......,...,,,,,
•
... ...._'_.._................ .... 5. i
Tyy}} ...
1
FLOOD WAY PROJECT = RPD-16 .5
_ C-7 = GENERAL COMMERCIAL w
I L = LOW DE'JS ITr RESIDENTIAL ( 1 DU f AC)
= MEDII DENSITY RESIDENTIAL (4DIJ/AC)
44 I ML = MEDIUM DE'iSITY RESIDENTIAL ((2D'J/AC)
VH = VERY HIGH DENSITY RESIDENTIAL ( 1SDLI/AC)
A -Py?-1 = CARLSBERG SPECIFIC PLAN
_ a — - .
EXISTING GENERAL PLAN
E LA NE FOR
RPD- 16 . 5
M2 Smilo.. *041Ca BLVD. 411E 3:t s:.aIE t'•yq' IPtw Bpi 1ICD Ps
M SIM4'k V 3GA. Colt 96401
1
E 19416E 3tO.546.5711—R11a.dFL44EEN6[rim's*.cYz+l vain.4arp ROW 7.h.;sva�n;Yaw
FF„r pub of-,xr+'
81
Resolution No. PC-2017-
Page
8
______ T
_ . .... ! .
Tal .
.....
, ----- I
S:HER.14..N AvE
1 i 1 i I ( 1 N
. .
E. LOS ANGELES AVE
, )
L..... C-1
C-2 111
,..- - <
a
...:.
11111 .
. z
;: ...er::=4 ....,.......,........*
(..ei
' 11111 •.....----„,
/-...=
•1:Nr„.,..„,=,'", - ,rr,..-,
. '
1 r • .4
... -
III
. ,..........—,,,,i, .
III! /
,....-,....—ir.....,... ...'71:•' ''
MI 1 •'0.1 >, .4.
;4 ,' .3'-' ....*,,...e..".,.....s. :... /
,E#1.0,Ar-X, ••• , S.; .
.
'..• ''4,!.....h.i.:, ::,:::' 1 ".''''...,-7.,t;r .;',"/ `,....
.r.4...4.4.r.A.r....,h W••••••”. •
/ . .
...,- , t,-.•,.,.. ....,,,.......stv.......,...........
„.. .:..--,..• . ,.. .................,........„......
- - ,;,..,.--' • r:;),*4-- L i ..„ .. ..........__..............._...._
v.:, .............„______•
: 1.4.0.1,./....Y.O.r..W.,..Ohe,t.•
II . - •...4t1.4.,......1,.i....t A.,....=.t.4.
•,:ctrt, '''--- ''''',.....or=4.. ...-.=.1'.4••••AS'W
••••'••''-....,...............ti......-.....4,............-
',....oe• s.....vo.,..r.,..0. 0.,...-...........
rI
'''''',41...t.t•nrgtht......re..14=4.-..ti..-....!..•.4,=4..
. ...-...=.4,-..,,,,V='......N.,......"*.+4.N..14+
,\T`'""''''`rn ,•,• '141471;r.,• :,',',44''',,,....t`.."'=ro r"...Zr..."*
n•-,,,,r44,1,,....,......h.f.v..Yr
= :.''s POSOVW.t4.0i AZT'.Lwen..Zr.= : RAI_ nh........•,.,,,,,..“,."......,,11.1.-
.4,-.0-W,.....V,•-•,....1.1.4,1,4•....."
M ,,.e.....„; , , ...............................,.............,.....r.
f 4
..,t 't 1 at...':..ear`,..=-4...'•'-',:".*''',4'.....•-
,..7......,,.....-.... .........=................,,, -r-. ...LA.,....,,,,.....•4............4..
. .
•1
-,. •::::,-...,==.--... - ...-..y ,
', ...,
.., ,,,,,,------ -,,,,,,,,,,f.,,-..... • 1 ..
. - ---.'-----.-
... 0
IC
FLOOD WAy WM PFOJECT = PPD-16-5
,.. '
= GENERAL ComuERCIAL
t
L = LOW DENSITY READENTIAL ODU/AL)
. I ,
2 .
L.
I m = vEDIUM DENSITY RESIDENTIAL (4DU/AC)
..5
mL = MEDIIJO DENSITY RESIDENTIAL (2DU/AC)
. ,
vH = VERY HIGH DENSITY RESIDENTIAL (15DU/Ar)
-re
= CARLSBERG sPECIFIC PLAN .
= .,.
PROPOSED GENERAL PLAN
D E LA N E FOR
RPD— 16 . 5
..-. N , ,:,,,', E.,„ ,:t i .,
2,3 1 2 WIT*VON E CA iii.ND, IMIE MI *CAM r*Xtv liao on prD Kis
1
1.1 SAWA 3(A. CA 90404 •
. 1 ROC 3 ta.5445.571 -MM.CELOYEEN6MERIPS.034 PM.&WC 09017.31.4XPOrin 1,1241
i
]
82
. .
)
Resolution No. PC-2017-
Page 9
EXHIBIT B
R-1
N i --
D-15U
- - 1 -;1'''.-
SHERM AlEi, 1111 „cs.,,,„
1 11 II 1 I
E. LG:-.!-: ANGELES AVE
'----- CP 6
1 .
_
; .
CPD
;
—
--- 11111
.- . ,/.
_ -, ,,,,,...-/- •./.42._
— . , .„--„,/,-- ,/ ,../. // /,--„,,--,-
. • ! -„,7_,:-__',/,/,/,'„/„/
• v,N i 1
, ,:'.::
00-1,
. t..?,
--7,_,.../..-,-,
Ft' j ' s' \..-,,, -.,•
-„ i , . „....„ .
---s- -.,/
.-%
, glum OS OPEN SPACE NM* PROJECT = Rp[)-1F .5
. _
.5
IIIIII CPD COMMERCIAL PLANNED DEVELOPMENT
k
RE RLFAL EXCLUSIVE
,
i
R.-.1 SINGLE FAMILY RESIDENTIAL
RPD RESIDENTIAL PLANNED DEVELOPMENT
= CARLSBERG SPECIFIC PLAN
EXISTING ZONING
D E LA N EFOR
RPD- 16 . 5
.._. , ..
1 2612 Wro.*ANA ILO. ijITE -
CalEI 1
e*
SD ANVON3CA, CA 90404
r
a FAME
II 546 5711-WARADELAMEN6ENCERI%004
ar.301' o. prc Ir.
11
plimpagempums-4a0Mmqabig
ir—TepANA7777477---7------------------
83
Resolution No. PC-2017-
Page 10
.. Ftp-1 _ .. 1 ---
D-15LI
... „----
. .s ERwN , .VE
il
. 1. I I 111111111N
E. LOS ANGELES AVE
-- _ ...-----
'-'
--
•_ CP'' '' l• ' ,
_ ..
.. ,,
. .
.;,-!. ..
"
cc -
ri_ •
.„,
..„
„--
_____I • —1 .., ....„---------
/.,.... •._,-,./.,,./.
1 ,,,, ,•-/ SP92-11
• ,..
b
RO
,..., .•,,- ,
I I { "Pc, S'.-/ .:-/.'l r/
4
a ._.
. IIIIII os OPEN SPACE NM PROJECT = RPD-16 5
... CPD COMMERCIAL PLANNED DEVELOPMENT
RE RURAL EXCLUSIVE
3
i R-1 SINGLE FAMILY RESIDENTIAL
RPD RESICENTIAL PLANNED DEVELOPMENT
= CARLSBERG SPECIFIC PLAN
. 1
W,.
PROPOSED ZONING
D ELAN E
• RFD- 16 . 5
i 0 ',11ra-.J'4-g )IE - 4".44E. ,'4306' 1144 14. -f iiii. 1
1 a 1,44:6E V6.546 574 1-11146.0EL4hal,46DEERD44.4):61 paw.pimip niti7.34..:VW,054111
i -J 4140 r*,1-IWO t
4
1
1
1
1
i
84
Resolution No. PC-2017-
Page 11
EXHIBIT C
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT 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 the driveways shall be subject to approval of the City Engineer/Public
Works Director and the Community Development Director.
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.
85
Resolution No. PC-2017-
Page 12
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.
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 and height to be approved by the
Community Development Director and City Engineer/Public Works Director,
subject to ultimate pad elevations.
6. 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.
Interior walls shall be a minimum height of six (6') feet from the highest finished
grade.
7. Architectural enhancements, such as window reveals and plant-ons are required
on all elevations subject to the approval of the Community Development Director.
8. 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.
9. 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 1/4" minimum cementous stucco coat over foam.
10. 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.
11. 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.
86
Resolution No. PC-2017-
Page 13
12. 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.
13. 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.
14. 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.
15. 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).
16. The final location of all community mailboxes must be approved by the
Community Development Director and City Engineer/Public Works Director prior
to installation.
17. 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.
18. 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.
87
Resolution No. PC-2017-
Page 14
19. 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.
20. 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.
21. Noise attenuation construction shall be required on all units affected by the noise
generated from Los Angeles Avenue and Spring Road to the satisfaction of the
Community Development Director. At a minimum the following items shall be
provided:
a. All second story windows along Los Angeles Avenue and Spring Road
shall be double glazed window assemblies or an equivalent with a
minimum STC 33 rating.
b. All rear and side entry doors of the homes adjacent to Los Angeles
Avenue and Spring Road, shall be gasketed (jamb, head, sill) with
interlocking or tube-type compression weather-stripping, or an effective
equivalent.
c. All exterior vents on the homes on adjacent to Los Angeles Avenue and
Spring Road shall be directed away from Los Angeles Avenue in order to
reduce noise transmissions into the house through vents and ducts.
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.
88
Resolution No. PC-2017-
•
Page 15
3. Up to a maximum of 95 dwelling units may be developed under this entitlement.
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.
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 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.
89
Resolution No. PC-2017-
Page 16
10. Disclosure documents for all initial buyers shall include notice making buyers
aware of the potential construction of a public recreational trail along 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.
16. 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
90
Resolution No. PC-2017-
Page 17
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.
17. The Developer shall comply with all mitigation measures of the Mitigated
Negative Declaration. Said mitigation measures are hereby adopted by reference
and made Conditions of Approval.
18. 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.
19. Intersection Improvement fees shall be paid subject to the determination of the
City Engineer/Public Works Director.
20. Water impoundment(s) shall be maintained in a manner which will not create
mosquito breeding sources.
21. 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.
•
91
Resolution No. PC-2017-
Page 20
EXHIBIT D
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)
92
Resolution No. PC-2017-
Page 21
DEVELOPMENT AGREEMENT
This Development Agreement the ("Agreement") is made and entered into on
, 2017 by and between the CITY OF MOORPARK, a municipal
corporation (referred to hereinafter as "City") and 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 Developer 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
21
93
Resolution No. PC-2017-
Page 22
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 approved
the Agreement by adoption of Ordinance No. ("the Enabling
Ordinance") on , 2017.
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
the instrument by which such person acquired such right, title or interest,
subject to Subsection 3.2 below.
22
94
Resolution No. PC-2017-
Page 23
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.
23
95
Resolution No. PC-2017-
Page 24
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
24
96
Resolution No. PC-2017-
Page 25
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.
25
97
Resolution No. PC-2017 •
-
Page 26
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
26
98
Resolution No. PC-2017-
Page 27
"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
27
99
Resolution No. PC-2017-
Page 28
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
28
100
Resolution No. PC-2017-
Page 29
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.
29
101
Resolution No. PC-2017-
Page 30
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
30
102
Resolution No. PC-2017-
Page 31
valuable consideration given by City through this Agreement.
Developer further acknowledges that its agreement to construct
these affordable units is not the result of an existing policy or
regulation imposed by City but instead is the result of arm's length
negotiation between Parties.
(c) Developer further agrees that it shall provide the required number
of affordable housing units as specified above regardless of the
cost to acquire or construct said housing units. Developer further
agrees that City has no obligation to use eminent domain
proceedings to acquire any of the required affordable housing units
and that this Subsection 6.13 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
31 103
Resolution No. PC-2017-
Page 32
pursuant to this Agreement or the conditions of approval for
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 $191,000
Price
Down Payment 5% of Affordable $9,550
Sales Price
Affordable Sales
Loan Amount Price less Down $181,450
payment
Interest Rate 4.50%
Monthly 1.25% of Initial $199
Property Tax Purchase Price
LMD Not Currently N/A
HOA $200
Fire Insurance $60
Maintenance $30
Utilities $180
32
104
Resolution No. PC-2017-
Page 33
(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 per month, fire insurance of $60 per month,
maintenance costs of $30 per month, and utilities of $180 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
33
105
Resolution No. PC-2017-
Page 34
and Notice of Affordability Restriction on Transfer of Property and
all necessary contracts and related documents to ensure that the
referenced affordable units remain occupied by low income
households for the longest feasible time (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.
34
106
Resolution No. PC-2017-
Page 35
(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.
35
107
Resolution No. PC-2017-
Page 36
(s) In the event City is unable to provide a qualified buyer when one of
the low-income units has received final inspection approval,
Developer shall be allowed to continue to obtain building permits
and/or final inspection approval for the non-affordable units. Any
low-income units remaining unsold six (6) months after the final
inspection approval of the 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:
36
108
Resolution No. PC-2017-
Page 37
Prior to Number of
Occupancy of Affordable Units
40th Unit 4
60th Unit 4
85th Unit 4
90th Unit 3
Total 15
(x) The required affordable units within the Project shall be located on
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) 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
37
109
Resolution No. PC-2017-
Page 38
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
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
38
110
Resolution No. PC-2017-
Page 39
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 Price Index referred to in Subsections 6.4 and 6.7
are discontinued or revised, a successor index with which the "CPI" and or
Bid Price Index are replaced shall be used in order to obtain substantially
the same result as would otherwise have been obtained if either or both
the "CPI" and Bid Price Index had not been discontinued or revised.
6.21 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 Public Works
Director 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.
39
111
Resolution No. PC-2017-
Page 40
7.2 Easement and Fee Title Acquisitions. If requested in writing by Developer
and limited to City's legal authority, City at its sole and absolute discretion
shall proceed to acquire, at Developer's sole cost and expense,
easements or fee title to land in which Developer does not have title or
interest in order to allow construction of public improvements required of
Developer including any land which is outside City's legal boundaries.
The process shall generally follow Government Code Section 66462.5 et
seq. and shall include the obligation of Developer to enter into an
agreement with City, guaranteed by cash deposits and other security as
the City may require, to pay all City costs including but not limited to,
acquisition of the interest, attorney fees, appraisal fees, engineering fees,
City staff costs, and City overhead expenses of 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.
40
112
Resolution No. PC-2017-
Page 41
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was
adopted by the City Council prevents or precludes compliance with any provision
of the Agreement, such provision shall be deemed modified or suspended to
comply with such state or federal law or regulation, as reasonably determined
necessary by City.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be
reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40.
of City or any successor thereof then in effect. The failure of City to conduct any
such annual review shall not, in any manner, constitute a breach of this
Agreement by City, diminish, impede, or abrogate the obligations of Developer
hereunder or render this Agreement invalid or void. At the same time as the
referenced annual review, City shall also review Developer's compliance with the
MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of "Excusable Delay",
as hereinafter defined, provided that the Party claiming the delay gives written
notice of the delay to the other Parties as soon as possible after the same has
been ascertained. For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the
delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d)
strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f)
damage to work in progress by reason of fire, flood, earthquake or other
casualty; (g) failure, delay or inability of City or other local government entity to
provide adequate levels of public services, facilities or infrastructure to the
Property including, by way of example only, the lack of water to serve any portion
of the Property due to drought; (h) delay caused by a delay by other third party
entities which are required to approve plans or documents for Developer to
construct the Project, or restrictions imposed or mandated by such other third
party entities or governmental entities other than City, (including but not limited
to, Ventura County Watershed Protection District); or (i) litigation brought by a
third party attacking the validity of this Agreement, a Project Approval, a
Subsequent Approval or any other action necessary for development of the
Project.
11. Default Provisions.
11.1 Default by Developer. The Developer shall be deemed to have breached
this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or
willfully violates any order, ruling or decision of any regulatory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or
41
113
Resolution No. PC-2017-
Page 42
decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be deemed to have
occurred unless and until there is a final adjudication adverse to
Developer; or
(b) fails to make any payments required under this Agreement within
five (5) business days after City gives written notice to Developer
that the same is due and payable; or
(c) breaches any of the other provisions of this Agreement and fails to
cure the same within thirty (30) days after City gives written notice
to Developer of such breach (or, if the breach is not able to be
cured within such thirty (30) day period, Developer fails to start to
cure the same within thirty (30) days after delivery of written notice
by City of such breach or fails to thereafter diligently prosecute the
cure to completion).
11.2 Default by City. City shall be in breach of this Agreement if it breaches
any of the provisions of this Agreement and fails to cure the breach within
thirty (30) days after Developer gives written notice to City of the breach
(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
42
114
Resolution No. PC-2017-
Page 43
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.
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
43
115
Resolution No. PC-2017-
Page 44
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
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.
44
116
Resolution No. PC-2017-
Page 45
16. Developer Indemnification. Developer shall indemnify, defend with counsel
approved by City, and hold harmless City and its officers, employees and agents
from and against any and all losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or resulting in any way
from, Developer's performance pursuant to this Agreement including, but not
limited to, Developer's construction of the Project on the Property and
construction of improvements on the City Site and any injury sustained by any
person in connection with the construction or partial construction of buildings and
improvements on the Property and City Site.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action
or proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, the environmental documents prepared and approved in
connection with the approval of the Project, or any Project Approval or
Subsequent Approval or modifications thereto, or any other subsequent
entitlements for the project and including any related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date. As described in 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.
45
117
Resolution No. PC-2017-
Page 46
20. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered or
upon the third (3rd) day after deposit in the United States mail, registered or
certified, postage prepaid, return receipt requested, to the Parties at the
addresses set forth in Exhibit "B" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents
referenced herein contain the entire agreement between the Parties regarding
the subject matter hereof, and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended,
except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision, whether or not similar; nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a duly authorized
representative of the Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
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.
46
118
Resolution No. PC-2017-
Page 47
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.
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.
47
119
Resolution No. PC-2017-
Page 48
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
48
120
Resolution No, PC-2017-
Page 49
EXHIBIT "A"
LEGAL DESCRIPTION
49
121
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
50
122
EXHIBIT "C"
REQUIRED AFFORDABLE UNITS
-wS ANamE5 AYkA PELEAVENUE ! Building A,Unit 1
Building B,Unit 4
T . . _ Building C,Unit 12
1 KEY Building 13,Unit 17
�11 •
.. r� " 1 NUMBER DENOTES Building E,Unit 22
j f� Building F, Unit 27
iO����i j STANDARD UNIT
_- Building G,Unit 32
in_- Buildin H,Unit 37
ei HLHCA TYPE3 Q NUMBER W/CIRCLE g
OLHGH TYPE4
DENOTES Building I,Unit 42
FE
=j i � . -Building J,Unit47
�,i26, E®I1I�;1CV 't AFFORDABLE UNITS
t- l, . Building K,Unit 48
I --®�- '�
- Building N,Unit 71
', 1r Building R,Unit 72
/�•� C:..',.. - Building R,Unit 89
:1".-\
- Building S,Unit 92
] i ''s_-::••114111.:11:=1111- MIL
fia
uni l , �1 1
(' • k-LLH1101 !! ° -- _ Ici1
1 tit ii ! 11-fill i Imo_ i LA- Iii �Ir PIS;.
r 01. anvil 1101,-z . p J ;„ _."�1 r t1111,111r
F��1_ IIb I di ; i
1 �� � k IIS - i� eii �2 s. 4 --
I.—I I 1-1— .. i
c �r._..W-A.: I - i— ur• 4_. _ i I
rytP'-101-41:701I ,,1 .I_- IRS.-a' !'F'�IY�i!1� 1 ! 3 Sri
i- 4I j � ,, �I i 1 HPi' 1 kJ, - i ' I
I ■sT''l011l i1''1 IIIM�L 1 1 ��E3tDv ?�- 1
ICmd _,&,..„--._., PI Lilt•Imo_ ' iK�� A�`' )
Lir.• w
ll
.
iiz l'q® i
. ..vice.—. a
U t ,o — a om i .,Ii—I'— lu1 f ry9I
1
-I,
arni limas 116 1 t
- - 1111i11 :, G � II 1 ` ' j 1 j ``
r
I I a it itiN14� , ill I� » W.� IBJ
i ` ' Ii
r ,7F,I sill+ r sa6BBB6B.IBIM i/,/J/ � ' f
•
I '.] 111111 r 4 - 111 9; ,AW''717 tta - 0-11- ,,.. I
_____
•
—6176-, ,,,i-s--------T - - , C �_�T^ �C�9 -'�,, / ..
\---'- �I' IaHEHGJ TYPES I _ 01;.Z1�a`�"'� „yI ;! I -iiiitliitaa CO, --' 4--
` til ! .S�iyr r'J 7 k
'/`p�"�ir / 7 �/ Imo„
51
123
MOORI�R
Planning
of it)-- , -A»7
ACTION: r
AdhOCCi '� . 9,017-h23 ..
BY: 1. Egllena
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
DATE: October 10, 2017 (PC Meeting of 10/ 24/2017)
SUBJECT: Consider Resolution Adopting Revised Rules of Procedure for
Commission Meetings and Related Functions and Activities and
Rescinding Resolution No. PC-2008-529
BACKGROUND/DISCUSSION
A draft resolution is attached for Planning Commission consideration of revisions to the
Rules of Procedure for Commission Meetings and Related Functions, with changes
shown in legislative (underline/strikeout) format. Revisions in Sections 2.8, 2.11. and
2.12 of the Rules of Procedure address compliance with newly revised Section
54954.3(b)(2) of the California Government Code. The proposed change to the Rules is
to add language to provide at least twice the allotted time for a member of the public to
speak who utilizes a translator in order to ensure that non-English speakers receive the
same opportunity to directly address the legislative body of a local agency. Changes to
Section 2.11 and 2.12 also address disclosure of ex parte communications by
Commissioners. Other minor changes are proposed to improve clarity as shown in
legislative format. The final resolution will have legislative format removed. The
changes to the time allotted for non-English speakers who utilize a translator have
already been incorporated into the speaker cards.
STAFF RECOMMENDATION
Adopt Resolution No. PC-2017-
Attachment: Draft Resolution
S:\Community Development\PLANNING COMMISSION\PC Policies\agenda reports\2017\20171024 Rules of Procedure.docx
124
RESOLUTION NO. PC-2017-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING REVISED RULES OF
PROCEDURE FOR COMMISSION MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES, AND RESCINDING RESOLUTION NO.
PC-2008-529
WHEREAS, Section 2.04.040 of the Moorpark Municipal Code requires that the
City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its
other functions and activities; and
WHEREAS, the City Council has adopted said Rules of Procedure and has
directed the Planning Commission to adopt Rules of Procedure that are consistent with
those as adopted by the City Council; and
WHEREAS, California Government Code Section 54954.3(b)(2) has been
amended to require that the legislative body of a local agency shall provide at least twice
the allotted time to a member of the public who utilizes a translator to ensure that non-
English speakers receive the same opportunity to directly address the legislative body of a
local agency; and
WHEREAS, Sections 2.8, 2.11, and 2.12, of the Planning Commission Rules of
Procedure for Planning Commission Meetings and Related Functions and Activities are
proposed to be revised to comply with California Government Code Section
54954.3(b)(2) as described in an agenda report for the October 24, 2017, regular
Planning Commission meeting.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Revised Rules of Procedure for Planning Commission Meetings and
Related Functions and Activities are hereby adopted, to read as follows:
1. GENERAL PROVISIONS
1.1 Purpose:
The purpose and intent of the Commission in adopting the rules within shall be to
provide directory guidelines relating to the conduct of the public business by the
Commission. In the event of any non-compliance with, or violation of, any provision herein,
such shall not be deemed to affect the validity of any action taken, unless otherwise
specifically provided by law.
125
Resolution No. PC-2017-
Page 2
1.2 Procedures in Absence of Rules:
In the absence of a rule herein to govern a point or procedure, Robert's Rules of
Order, Newly Revised, shall be used as a guide.
2. ORDER OF BUSINESS
2.1 Agenda:
The Order of Business of each meeting shall be as contained in the Agenda
prepared by the Records Secretary. The Agenda shall be a listing by topic of the items of
business which shall be transacted or discussed in the following order:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Proclamations and Commendations
5. Public Comments
6. Reordering of, and Additions to, the Agenda
(Items to be pulled from the Consent Calendar shall be identified under this
section.)
7. Announcements, Future Agenda Items and Reports on
Meetings/Conferences Attended by the Commission
8. Public Hearings
9. Presentations/Action/Discussion
10. Consent Calendar
11. Adjournment
2.2 Priority Notation on Agenda:
Presentations/Action/Discussion items, which are judged by the Community
Development Director to be of high priority, shall be indicated by an asterisk.
126
Resolution No. PC-2017-
Page 3
2.3 Special Meeting Agenda Format:
The order of business of special meeting agendas shall generally be consistent
with the order of business of regular meeting agendas, although not all regular items of
business must be included. Public Comments shall be included on all special meeting
agendas.
2.4 Delivery of Agenda Packet:
Barring insurmountable difficulties, the Agenda for regular meetings shall be
delivered ordinarily to Commissioners on or before each Thursday preceding the meeting
to which it pertains.
The Agenda shall also be available to the general public after it is posted. Agenda
reports will be available to the general public after distribution to the Commission.
2.5 Call to Order:
The meeting of the Commission shall be called to order by the Chair or, in his/her
absence, by the Vice-Chair who shall serve until the arrival of the Chair. In the absence of
both the Chair and the Vice-Chair, the meeting shall be called to order by the Records
Secretary. The Records Secretary shall immediately call for the selection of a temporary
Presiding Officer who shall serve until the arrival of the Chair or Vice-Chair or until
adjournment.
2.6 Roll Call/Quorum:
Before proceeding with the business of the Commission, the Records Secretary
shall call the roll of the Commission and the names of those present shall be entered in the
minutes. The order of roll call shall be alphabetical with the Chair called last. Unless
otherwise provided for by law, a majority of the Commission shall constitute a quorum
sufficient to do business.
2.7 Proclamations and Commendations
Proclamations and Commendations shall be limited to regular Commission
meetings.
2.8 Public Comments:
Any member of the public may address the Commission on any item within the
subject matter jurisdiction of the Commission which is not listed on the Agenda as a Public
Hearing or Presentations/Action/Discussion item. Speakers will be heard in the order that
their speaker cards are received by the Records Secretary. All speaker cards for Public
127
Resolution No. PC-2017-
Page 4
Comments must be received prior to the Chair's call for speaker cards for the Public
Comments agenda item. A limitation of 3 minutes shall be imposed upon each speaker.
This limitation will be extended to six (6) minutes for a speaker who utilizes a translator to
ensure that non-English speakers receive the same opportunity to directly address the
Commission. Speaker cards must be presented in person by the person wishing to speak.
The passing of time from one speaker to another or speaking in place of another speaker
is not allowed. No speaker will be allowed to speak after all speaker cards are called. By
majority vote of the Commission present and voting, the number of speakers and time
permitted for comments may be limited at any single meeting. The speaker shall be
governed by the rules of Sections 6.1, 6.2 and 6.3. Commissioners shall reserve their
comments and responses until the end of the Public Comments period.
Speakers may be heard at greater length at the end of the agenda by majority vote of the
Commissioners present and voting. The Records Secretary shall hold over to the next
adjourned regular or regular meeting, timely submitted speaker cards of speakers who
were not heard during the public comments period, and those speakers shall be given
priority in the order that their speaker cards were originally received during the Public
Comments period of the next meeting.
Speakers at a regular meeting shall not be allowed to address the same subject at
an adjourned meeting of the regular meeting at which they spoke, except by a four-fifth's
majority vote of the Commission.
2.9 Reordering of, and Additions to, the Agenda:
Except with majority consent of the Commissioners present and voting, items may
not be taken out of order.
At this time, Commissioners, the Community Development Director, Planning
Manager or Records Secretary may request that any item on the Consent Calendar be
withdrawn for separate consideration. Items withdrawn from the Consent Calendar shall
be considered immediately after action on the balance of the Consent Calendar in the
or-der that they were withdrawn.agenda item order.
Any Commissioner, the Community Development Director, the Planning Manager
or the Records Secretary may bring to the attention of the Commission new items of
business for discussion and action in the event of an emergency situation or when the
need to take immediate action comes to the attention of the City subsequent to the posting
of the agenda, as specified in Government Code Section 54954.2. A two-thirds vote of the
Commission, or, if less than two-thirds are present, a unanimous vote of those who are
present, is required to add an item to the agenda.
128
Resolution No. PC-2017-
Page 5
In addition to having the opportunity to reorder the agenda as order of business
number 6, the Chair shall suspend the item under discussion at 10:30 p.m. in order that
the agenda may be reordered by majority vote of the Commissioners present and voting.
The Records Secretary will notify the Chair that the time for reordering the agenda has
arrived.
2.10 Announcements, Future Agenda Items, and Reports on Meetings/Conferences
Attended by Commissioners and Chair:
At this time, Commissioners and the Chair may make an announcement, request to
have an item placed on a future agenda, and provide a brief report on meetings attended
at City expense in compliance with Section 53232.3(d) of the Government Code.
2.11 Public Hearings:
Items shall be placed under this topic if(i) a public hearing is required by law; (ii)the
item is the consideration of an application or an appeal; or (iii) the item has been set for
public hearing by the Commission.
Any member of the Commission who has an ex parte communication with an
applicant, property owner, developer, or other person directly affiliated with a public
meeting required for a permit, license, entitlement or appeal, outside of the public record of
public meeting process, shall disclose the information learned in this communication
during the Planning Commission discussion during the open public meeting.
Public Hearings shall be conducted in the following order:
Staff Report
Questions of Staff by Commission
Hearing Opened by Chair
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Commission
Hearing Closed by Chair
Discussion by Commission
•
129
Resolution No. PC-2017-
Page 6
Action by Commission
Any public hearing, which is continued from one meeting to another shall be placed
first on the Agenda under Public Hearings, and if more than one, shall appear in the same
order as shown on the previous Agenda. The order of the Agenda under Public Hearings
may not be changed, except with the unanimous consent of the Commissioners present.
Questions or comments from the public shall be limited to the item under
consideration and the speaker shall be governed by the provisions of Sections 6.1 and
6.2. A limitation of five (5) minutes shall be imposed upon each speaker at the initial public
hearing. This limitation will be extended to ten (10) minutes for a speaker who utilizes a
translator to ensure that non-English speakers receive the same opportunity to directly
address the Commission. Depending upon the extent of the Agenda and the number of
persons desiring to speak of an item, the Chair may, at the beginning of a continued public
hearing, limit testimony, but in no event to less than 3 minutes per individual. This limitation
will be extended to six (6) minutes for a speaker who utilizes a translator to ensure that
non-English speakers receive the same opportunity to directly address the Commission.
All speaker cards for a public hearing must be presented to the Records Secretary by
the person wishing to speak prior to the opening of the public hearing by the Chair or
beginning of public testimony at a continued open public hearing. The passing of time
from one speaker to another or speaking in place of another speaker is not allowed.
An applicant's initial presentation shall be limited to twenty (20) minutes, with
consultant participation. Subsequent presentations by an applicant shall be limited to ten
(10) minutes.
Written statement cards may be submitted in lieu of addressing the Planning
Commission. The number of cards received in favor of, or in opposition to, a public
hearing item under consideration shall be verbally reported to the Commission by the
Records Secretary along with a brief summary of specific concerns/comments listed on
each card. The verbal report shall be given following the last public speaker for the
public hearing and prior to the rebuttal by the applicant. The total number of written
statement cards received in favor of or in opposition to an item shall be recorded in the
minutes of the meeting and the written statement cards will become a part of the official
record.
130
Resolution No. PC-2017-
Page 7
2.12 Presentations/Action/Discussion Items:
Items that involve the consideration of City policy and items of a non-routine nature
shall be placed under this topic.
Presentations to the Commission by other public agencies or groups and
appointments will be listed first under the Presentations/Action/Discussion heading.
Continued Presentations/Action/Discussion items will appear in the order they previously
appeared, following presentations and appointments.
Discussion/Action items shall be conducted in the following order:
Staff Report
Questions of Staff by Commission
Testimony by Applicant
Public Comment
Discussion by Commission
Action by Commission
Questions or comments from the public shall be limited to the item under
consideration and the speaker shall be governed by the provisions of Sections 6.1 and
6.2. Speakers will be heard in the order that their speaker cards are received by the
Records Secretary for the item during which the speaker wishes to address the
Commission. However, a proponent/applicant may be heard first during the public
comment for a Presentations/Action/Discussion item, if so determined by the Chair, but no
rebuttal by the proponent/applicant shall be allowed. All speaker cards for each agenda
item must be received prior to the Chair's announcement of the public comment for each
Presentations/Action/Discussion item and call for speaker cards. A limitation of three (3)
minutes shall be imposed upon each speaker. This limitation will be extended to six (6)
minutes for a speaker who utilizes a translator to ensure that non-English speakers receive
the same opportunity to directly address the Commission. Speaker cards must be
presented to the Records Secretary by the person wishing to speak. The passing of time
from one speaker to another or speaking in place of another speaker is not allowed.
131
Resolution No. PC-2017-
Page 8
Written statement cards may be submitted in lieu of addressing the
Commission. The number of cards received in favor of or in opposition to an item being.
considered will be verbally reported to the Commission by the Records Secretary following
the last public speaker for an item. The total number of written statement cards received in
favor of or in opposition to an item will be recorded in the minutes of the meeting, and the
written statement cards will become a part of the official record.
Any member of the Commission who has an ex parte communication with an
applicant, property owner, developer, or other person directly affiliated with a public
meeting required for a permit, license, entitlement or appeal, outside of the public record of
public meeting process, shall disclose the information learned in this communication
during the Planning Commission discussion at the public meeting for the agenda item.
2.13 Consent Calendar:
Minutes of previous Planning Commission meetings, items of a routine nature and
items recommended to be received and filed shall be placed on the Consent Calendar. All
items may be approved by one blanket motion by unanimous vote of those present and
voting.
Prior to a motion on the Consent Calendar, any Commissioner may request that
any item be withdrawn from the Consent Calendar for individual consideration. Items
withdrawn from the Consent Calendar shall be considered immediately after action on the
Consent Calendar in the order that they were withdrawn, including any items requested to
be withdrawn under Section 2.9 (Reordering of, and Additions to, the Agenda). Unless an
agenda item is pulled from the Consent Calendar, and the Planning Commission votes to
defer public comments until the Consent Calendar portion of the Agenda, all other public
comments on Consent Calendar items shall occur during the Public Comments portion of
the agenda.
2.14 Adjournment:
It is the policy of the Planning Commission that upon reaching 12:00 midnight, the
Planning Commission will not address any new agenda items. Should the Planning
Commission decide to continue to address an in-progress non-closed session agenda
item past 12:00 midnight, the following motion is in order:
Move that the Planning Commission meeting tonight may extend beyond the 12:00
midnight deadline to conclude the item in progress.
132
Resolution No. PC-2017-
Page 9
3. PRESIDING OFFICER
3.1 Selection and Term:
The Chair shall be the Presiding Officer at all meetings of the Commission, except as
otherwise provided in Section 2.6 (Call to Order). At its first regular meeting of the year,
the Commission shall elect a Chair and Vice-Chair from among the appointed members, to
serve for that year. Each selection shall be by three (3) or more affirmative votes, and a
failure to achieve such total of affirmative votes shall be deemed a selection of the
incumbent to remain in office. Each person so selected shall serve until the end of the year
or until a successor is chosen (at any time) by three (3) or more affirmative votes,
whichever first occurs.
If a vacancy in the position of Chair occurs for any reason except for removal of the
Chair pursuant to this Section, the Vice-Chair shall assume the position of Chair until a
successor is chosen.
3.2 Participation of Presiding Officer:
The Presiding Officer may move, second and debate from the chair, subject only to
such limitations of debate as are imposed on all Commissioners. He/she shall be accorded
all of the rights and privileges of a Commissioner.
3.3 Maintenance of Order:
The Presiding Officer is responsible for the maintenance of order and decorum at
all times. The head of the City's police agency or his/her designee shall be ex-officio
sergeant-at-arms of the Commission. He/she shall carry out all orders and instructions
given him/her by the Presiding Officer for the purpose of maintaining order and decorum at
the Commission meeting.
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of interpretation of these rules,
points of order, maintenance of order or other questions of procedure requiring rulings.
Any such decision shall be final and binding and (even if clearly erroneous) for purposes of
the item under consideration, unless overridden by a majority vote of the Commissioners
present and voting. Any Commissioner may seek to have the Presiding Officer's decision
overridden by moving the question "Shall the decision of the Presiding Officer be
sustained?"
133
Resolution No. PC-2017-
Page 10 •
4. CONDUCT OF COMMISSIONERS
4.1 Decorum and Order:
(a) Any Commissioner desiring to speak shall address the Presiding Officer and,
upon recognition by the Presiding Officer, shall confine himself/herself to the item under
debate.
(b) A Commissioner desiring to question the staff shall address his/her question
to the Director of Community Development, as appropriate, who shall be entitled either to
answer the inquiry or to designate some member of his/her staff for that purpose.
(c) A Commissioner, once recognized, shall not be interrupted while speaking
unless called to order by the Presiding Officer, a point of order is raised by another
Commissioner pursuant to Section 3.4 or the speaker chooses to yield to questions from
another Commissioner.
(d) Any Commissioner called to order while he/she is speaking shall cease
speaking immediately until the question of order is determined. If ruled to be in order
he/she shall be permitted to proceed. If ruled out of order he/she shall remain silent or
• shall alter his/her remarks so as to comply with the rules.
(e) Commissioners shall accord the utmost courtesy to each other, to City
employees, and to the public appearing before the Commission. They shall refrain at all
times from rude and derogatory remarks, abusive comments and statements as to
integrity, motives or personalities.
(f) The right of a Commissioner to address the Commission on a question of
personal privilege shall be limited to cases in which his/her integrity, character, or motives
are assailed, questioned or impugned.
(g) Any Commissioner may move to require the Presiding Officer to enforce the
rules. The affirmative vote of a majority of the Commission present and voting shall require
him/her to so act.
4.2 Limitation of Debate:
A Commissioner should not speak more than once upon any one item until every
other member choosing to speak thereon has spoken. No member shall speak for a longer
time than 5 minutes each time he/she has the floor, without the approval of a majority vote
of the Commission present and voting.
134
Resolution No. PC-2017-
Page 11
4.3 Dissents and Protests:
Any Commissioner shall have the right to express dissent from, or protest to, any
action of the Commission and to have the reason entered in the minutes. If such dissent or
protest is desired to be entered in the minutes, this should be made clear by language
such as, "I would like the minutes to show that I am opposed to this action for the following
reasons. . . ."
4.4 Conflict of Interest:
Section 87105 of the Government Code describes the procedure to be followed if
an official has a conflict of interest on a matter and cannot participate in a decision. Section
87105 shall apply to the Planning Commission. The official must publicly identify the
financial interest (not including the address of a personal residence), recuse himself or
herself from voting, and leave the room until after the discussion, vote and other
disposition of the matter is concluded. If the matter is on the consent calendar, the official
need not leave the room, but must still make the required disclosure on the record and
abstain from voting. The official also may speak on the issue as a member of the general
public, during the public comment period on that matter, solely to represent himself or
herself on a matter related to his or her personal interest. Section 87105 of the
Government Code, any statutes amendatory or supplementary thereto, and any applicable
regulations of the California Fair Political Practices Commission are hereby incorporated
by reference.
5. CONDUCT OF EMPLOYEES
5.1 Decorum and Order:
(a) Members of the staff and employees of the City shall observe the
same rules of procedure and decorum applicable to members of the Commission.
(b) The City Manager or assigned Department Head shall insure that all
staff members and employees observe such decorum.
(c) Any staff member or employee, including the City Manager, desiring to
address the Commission or members of the public shall first be recognized by the Chair.
All remarks shall be addressed to the Chair and not to any one individual Commissioner or
member of the public.
135
Resolution No. PC-2017-
Page 12
6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Commission meetings shall observe
the same rules of order and decorum applicable to the Commission pursuant to Section
4.1.
(b) Willful conduct that is disruptive, including but not limited to,
unauthorized remarks from the audience, stamping of feet, whistles, yells and similar
demonstrations shall be prohibited by the Presiding Officer. Any person who becomes
willfully disruptive while addressing the Commission or while attending the Commission
meeting shall be removed from the room if the sergeant-at-arms is so directed by the
Presiding Officer. Aggravated cases shall be prosecuted on appropriate complaint signed
by the Presiding Officer.
6.2 Manner of Addressing the Commission:
No person shall address the Commission without being recognized by the
Presiding Officer. After being recognized by the Presiding Officer, any member of the
public desiring to address the Commission shall proceed to the podium. The speaker shall
state his/her name for the record. All remarks and questions shall be addressed to the
Presiding Officer and not to any individual Commissioner, staff member or other person.
6.3 Limitations on Addressing the Commission:
The making of oral communications to the Commission by any member of the
public during the "Public Comments" portion of the Agenda shall be subject to the following
limitations:
(a) No speaker shall be permitted to address the Commission on a public
hearing item which is not on the Agenda but which has been scheduled or is under
submission for a public hearing before the Planning Commission.
(b) No speaker shall be permitted to address the Commission on an item
which is currently before or is under submission for consideration by a Commission, board,
committee or officer before which the speaker should make his/her presentation, until that
body has completed its deliberations and taken its final action. In case the speaker should
have followed an otherwise available appeal procedure, the Presiding Officer shall not
allow oral communication to the Commission outside that procedure.
(c) A speaker that verbally complains about an employee of the City, or
any employee of a private firm or public agency providing a contract service to the City, will
136
Resolution No. PC-2017-
Page 13
be directed to contact the City's Human Resources/Risk Management Division for
assistance in documenting and resolving their complaint..
(d) If it appears that several speakers desire to speak regarding any item
on the Agenda, the Presiding Officer may reasonably limit the number of speakers on
each side of the issue. In this regard, preference may be given to speakers who represent
groups of persons who have designated a spokesperson.
6.4 Video, Audiotape, PowerPoint, Slide or Similar Presentation.
Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless
relative to an item on the agenda, and the Records Secretary has been provided with no
less than 24-hours notice of the video, audiotape, PowerPoint, slide or similar
presentation, and has determined the City has the appropriate equipment to view and
broadcast the presentation. The video, audiotape, PowerPoint, slide or similar presentation
must be made by the person or agency making the presentation. The Commission may
limit the total amount of time allocated for presentations or particular issues and for each
speaker. The same limitations that govern speakers under Sections 2.8, 2.11 and 2.12
shall apply. Presentations shall be limited to the subject matter jurisdiction of the
Commission. Those items not germane to the agenda will be disallowed.
7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be stated by the Presiding Officer or,
at the request of the Presiding Officer, by the Records Secretary before debate. A motion
so stated shall not be withdrawn by the mover without the consent of the person
seconding it.
7.2 Division of Motion:
If the motion contains two or more divisible propositions, the Presiding Officer may,
and upon request of any Commissioner shall, divide the same, unless a majority of the
Commissioners present and voting, votes not to do so.
7.3 Precedence of Motions:
When a motion is before the Commission, no motion shall be entertained except
the following, which shall have precedence in the following order.
The ordinary motions rank as follows, and any of them (except to amend) can be
made while one of a lower order is pending, but none can supersede one of a higher
order. Motions to limit discussion, to call the question and to suspend the rules require a
137
Resolution No. PC-2017-
Page 14
two-thirds vote; all other motions require only a majority vote:
Not Debatable:
To Fix the Time of Adjournment )
To Adjourn (when unqualified) ) Cannot
To Table
be
To Limit Discussion (2/3 vote) ) Amended
To Call the Question (2/3 vote) )
To Suspend the Rules (2/3 vote) )
Debatable:
To Postpone to a Certain Time )
To Commit or Refer to Committee) Can be
To Amend
)
Amended
To Postpone Indefinitely )
The Motion to Reconsider: the motion can be made when any other motion is before
the Commission, but cannot be acted upon until the business then before the Commission is
disposed of; when called up, it takes precedence over all other motions, except to adjourn, and
to fix the time to which to adjourn.
Motions incidental to those before the Commission take precedence over them and
shall be acted upon first.
7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be to set a definite time at which to adjourn and may be
amended by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be in order at any time, except as follows:
(a) When repeated without intervening business or discussion;
(b) When made as an interruption of another Commissioner while
speaking;
(c) When discussion has been ended and vote on the motion is pending;
138
Resolution No. PC-2017-
Page 15
or
(d) While a vote is being taken.
A motion to adjourn "to another time" shall be debatable, but only as to the time to
which the meeting is adjourned.
7.6 Motion to Table:
Such a motion shall be used to temporarily bypass the subject and shall preclude
all amendments or debate of the subject under consideration. If the motion prevails, the
item may be "taken from the table" at any time prior to the end of the next regular meeting.
7.7 Motion to Limit Discussion:
Such a motion shall be used to limit the time allowed each Commissioner to speak
to, or to appoint a time at which discussion shall close on, the question of the main motion
and any previously made amendment to the main motion. If a motion to limit the time
allowed each member to speak passes, no member shall thereafter speak more than two
times to the question or longer than the time allowed at either time and no member shall
speak the second time until every member choosing to speak has spoken.
7.8 Motion to Call the Question:
Such a motion shall be used to close debate on, and further amendment to, the
main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote
shall next be taken on any previously made amendments to the main motion and finally on
the main motion.
7.9 Motion to Suspend the Rules:
Such a motion shall be used to suspend these rules of procedure and shall include
a statement of the purpose of the suspension. If the motion fails, the motion shall not be
renewed for the same purpose at the same meeting, but it may be renewed for the same
purpose at an adjourned meeting of that meeting.
7.10 Motion to Postpone to a Certain Time:
Such a motion shall be amendable and debatable only as to propriety of
postponement and time set.
139
Resolution No. PC-2017-
Page 16
7.11 Motion to Amend:
Such a motion shall be debatable only as to the amendment. A motion to amend an
amendment shall be in order, but a motion to amend an amendment to an amendment
shall not be in order. An amendment modifying the intention of a motion shall be in order,
but an amendment relating to a different matter shall not be in order. A substitute motion
on the same subject shall be acceptable, and voted on before a vote on the amendment.
Amendments shall be voted first, then the main motion as amended.
7.12 Motion for Reconsideration:
Any Commissioner who voted with the majority may move a reconsideration of any
vote at the same meeting or request an agenda item on at the next regular meeting or
request a special meeting called to be held prior to the next regular meeting to consider
reconsideration of any vote. The agenda item shall appear on
Presentation/Action/Discussion as a two-part item, e.g.: ..
Consider Reconsideration of
Reconsideration of vote on
After a motion for reconsideration has once been acted upon, no other motion for a
reconsideration thereof shall be made without unanimous consent of the Commission
8. VOTING
8.1 Restatement of the Motion:
Upon the request of any Commissioner, the Presiding Officer shall verbally restate
each motion immediately prior to calling for the vote.
8.2 Voting Procedure:
In acting upon every motion, the vote shall be taken by voice, roll call or any other
method by which the vote of each Commissioner present can be clearly ascertained. The
vote on each motion shall then be entered in full upon the record. The order of voting shall
be the maker of the motion, the second and then the remaining Commissioners
alphabetically, with the Chair called last. The Records Secretary shall call the names of all
members seated when a roll call vote is ordered. Members shall respond 'aye', 'no' or
'abstain', provided that when a vote is collectively taken by voice or when a method of
voting other than by voice or roll call is used, any Commissioner not audibly and clearly
responding 'no' or 'abstain' or otherwise registering an objection shall have his/her vote
recorded as 'aye'.
140
Resolution No. PC-2017-
Page 17
Following the vote, the Presiding Officer shall verbally announce whether the
motion carried or was defeated. The Presiding Officer may also publicly state the effect of
the vote for the benefit of the audience before proceeding to the next item of business.
Any member may change his/her vote before the next item of business is called.
8.3 Voting:
A roll call vote shall not be used for any item before the Commission unless
demanded by any Commissioner. It shall not be in order for members to explain their vote
during roll call.
8.4 Failure to Vote:
Every Commissioner should vote unless disqualified for cause. A Commissioner
. who abstains from voting on an item because of being disqualified shall be considered as
if absent.
8.5 Tie Votes:
A tie vote is considered a defeat of the motion.
8.6 Required Minimum Votes on a Resolution:
A motion by the Commission to adopt a resolution requires a minimum of three (3)
affirmative votes to be carried.
9. RESOLUTIONS
9.1 Definition:
Routine business and administrative matters (usually more temporary and
transitory in nature) are accomplished by "resolution," "minute order" or "motion"
(thereafter recorded by minute entry). Technically, all three are equally as legally effective
and binding; they just vary in the formality of respective memorialization. The most formal
is referred to as a "resolution," which will be recorded by a separate document, numbered.
in sequence and preserved in a separate set of books, in addition to being referenced in
the minutes. Such "resolutions" are used for various reasons, such as when specifically
required by law, whenneeded as a separate evidentiary document to be transmitted to
another governmental agency, or where the frequency or future reference back to its
contents warrants a separate document. The "motion" or "minute order" is a Commission
action which is recorded simply by an item entry in the minutes of the meeting at which it
was accomplished, and no separate document is made to memorialize it. The Records
Secretary is empowered by State law to furnish certified excerpts of the minutes in order to
141
Resolution No. PC-2017-
Page 18
facilitate the administrative process to which a particular action pertains.
9.2 When Prepared in Advance:
When a resolution has been prepared in advance, it need not be read in full or by
title, except to identify it. A majority vote of the Commission present and voting will
require that the resolution be read in full.
9.3 When Not Prepared in Advance:
When a resolution has not been prepared in advance, the Commission, by majority
vote of the members present and voting, shall instruct the Director of Community
Development Director to prepare it for presentation at a specified later time in the
same meeting or at a future Commission meeting.
9.4 Urgency Resolutions:
A resolution may be presented verbally in motion form, together with instructions for
written preparation for later execution, in an emergency situation or when the need to take
immediate action came to the attention of the City subsequent to the posting of the
agenda, as specified in Government Code Section 54954.2. A two-thirds vote of the
Commission, or, if less than two-thirds are present, a unanimous vote of those who are
present, is required to add a resolution to the agenda. Such resolutions shall not be
presented when resolutions are required by law, in improvement acts, zoning matters, or
force account work on public projects.
10. WRITTEN COMMUNICATIONS
10.1 Addressed to Commission as a Whole:
The Community Development Director or his/her designee is authorized to receive
and open all written communications, including e-mails, addressed to the Commission as
a whole and give it immediate attention to the end that all administrative business referred
to in said communications, and not necessarily requiring Commission action, may be
disposed of between Commission meetings. The Community Development Director or
his/her designee shall cause a copy of such communication to be sent to each
Commissioner.
10.2 All Other Written Communications:
Any written communication, including e-mails, received at City Hall addressed to
the Chair and/or an individual Commissioner shall be opened by the Community
Development Director or his/her designee. A copy of such communication shall be
provided to each of the other Commissioners, unless such communication is personal
142
Resolution No. PC-2017-
Page 19
and/or confidential and not related to the business of the City.
Any Commissioner who receives any written communication, including e-mails, on
any subject related to the business of the City, whether or not received at City Hall, shall
cause a copy to be provided to the Records Secretary who shall cause a copy of such
communication to be sent to each of the other members.
All outgoing Planning Commissioner correspondence will be copied to the
Commission reading file unless the Commission is listed as receiving a copy, in which
case each Commissioner will be provided an individual copy. Any Commissioner who
generates any written communication related to the business of the City, other than at City
Hall, shall cause a copy to be provided to the Community Development Director for
distribution. Letters produced by City staff for Planning Commissioners will be created on
official City letterhead, only.
10.3 Agenda Item Communications:
Any such communication which relates to an item pending or to be brought before
the Commission and has been received prior to agenda distribution, shall be included in
the agenda packet for the meeting at which such item is to be considered and shall
become part of the public record for that item. If a Commissioner generates an agenda
item, the Commissioner will prepare a brief, written explanation including
action/recommendation to the full Commission or provide direction to the Community
Development Director for preparation of agenda report. All agenda staff reports will be
provided to the full Commission with the distribution of the agenda. Agenda item
communications (including e-mails) received from the public after agenda distribution will
be forwarded to the Commission by the Records Secretary by e-mail or regular mail
delivery up until the close of the business day prior to the Planning Commission meeting.
The Planning Commission will be informed during the staff presentation at the
Commission meeting of agenda item communications received from the public, including a
project applicant, on the day of the meeting. Regardless of the source, it will take a four-
fifth's majority vote (four affirmative votes) of the Commission to accept additional agenda
material on the day of the Commission meeting at which the item is to be considered.
All materials distributed by any person during a public meeting related to the
subject matter being discussed or considered will be made available for public inspection
at the meeting if prepared by City staff or a member of the Commission, or after the
meeting, if the materials were prepared by some other person in accordance with Section
54957.5(b) of the Brown Act. To avoid a Ralph M. Brown Act violation, Planning
Commissioners should not read or send e-mail or cellular telephone text messages during
a Commission meeting.
143
Resolution No. PC-2017-
Page 20
Written communication for a non-public hearing agenda item presented at the
meeting for reading will be acknowledged by the Community Development Director, but
not read. The Community Development Director will note general content, and whether the
content of the communication is in opposition or support of an agenda item
Written communication relative to a public hearing item, if presented prior to the
close of the business day prior to the Commission meeting, will be copies for the
Commission, applicant, and the public agenda binder.
The public shall tender a written request to the Community Development Director
and/or the Chair regarding the placement on the agenda of any items. The Community
Development Director and Chair will then discuss and determine the appropriateness of
the requested item being placed on a future agenda.
Letters of appeal from administrative or commission decisions shall be processed
under the applicable provisions of the Municipal Code or other ordinance.
A Planning Commissioner or Commissioners may be requested to meet, outside of
the public hearing process, with an applicant, the applicant representative(s), proponents
and opponents to a development application to discuss aspects of the development.
While meeting with these representatives is at the discretion of the individual
Commissioner, disclosure of the meeting(s), and the effects upon the Commissioner's
review of the application is required prior to the opening of the hearing on the development
application. The Commissioner shall disclose the nature of the contact and what effect, if
any, it had on he/she in the review of the development application.
10.4 Research:
Any research requested by an individual Planning Commissioner that results in a
written response from staff will be copied to all Planning Commissioners. This is not meant
to include copies of documents on file.
10.5 Attendance at City Council Meetings:
The Planning Commission recognizes that there are circumstances where the
City Council could benefit from the attendance of a Planning Commissioner at City
Council meetings. When those circumstances arise, the Planning Commission will offer
a spokesperson to attend the City Council meetings. The Planning Commission also
recognizes that the City Council, or one of its members, may at any time request the
presence of one or more Commissioners to attend one of its meetings. When such a
request is made, the Planning Commission will respond.
144
Resolution No. PC-2017-
Page 21
11. COMMITTEES
11.1 Committees:
Committees may be appointed by the Chair, as needed, with the approval of the
majority of the members of the Commission.
12. COMMISSION MEETINGS
12.1 Meeting Time and Schedule:
The regular meetings of the Planning Commission shall begin at the hour of 7:00
p.m. on the fourth Tuesday of each month or as determined by the Commission at its first
regular meeting of each year, such determination to include the dates, time and place of
such meetings as set forth in Chapter 2.36 of the Municipal Code. Should the need arise
during the year, the Commission may, by a majority vote, revise the regular meeting
schedule, including dates, time and place of such meetings.
13. MINUTES:
13.1 Action Minutes:
The Records Secretary shall be responsible for preparing action minutes to
record all the actions of the Planning Commission (motions, votes, and consensus
decisions) at regular and special meetings, consistent with Municipal Section 2.16.030,
and shall schedule the completed minutes on the Consent Calendar consistent with
Section 2.13 of this resolution. Planning Commission meeting action minutes shall
include documentation for each agenda item, including but not limited to the following:
Date, hour, and place of meeting;
Identification of regular, adjourned regular or special meeting (and special
meeting notice language);
Names of Planning Commissioners and staff in attendance;
Planning Commission announcements, requested future agenda items, and
reports on meetings/conferences attended by Planning Commissioners;
Agenda titles, staff recommendations and record of action taken (motions, votes,
and consensus decisions);
Name(s) of staff providing the verbal staff report and documentation of verbal
and written corrections to the agenda report;
145
Resolution No. PC-2017-
Page 22
Public hearing compliance documentation;
Public speaker names, identification of support or opposition, and/or other brief
summary of comments as determined necessary by the Community
Development Director;
Written statement card documentation, consistent with Sections 2.11 and 2.12 of
this resolution;
Adjournment time; and
Community Development Director and Chair signatures.
SECTION 2. Resolution No. PC-2008-529 is hereby rescinded in its entirety.
SECTION 3. EFFECTIVE DATE: This Resolution shall become effective upon
adoption.
SECTION 4. FILING OF RESOLUTION: The Community Development Director
shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 24th day of October, 2017.
Kipp Landis, Chair
David A Bobardt
Community Development Director
146