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HomeMy WebLinkAboutAGENDA REPORT 1998 0218 CC REG ITEM 11MTo: From: City Council Agenda Report The Honorable City Council 7/a. 1� TT� ! t . A4'0 CITY OF MOORPARK; CA City Council Meetin,- 0 %_ �C�7uc�ru 18� 199` AC��.��: Reso I,-t 9S~ 1qti0 By. �D. S . Nelson Miller, Director of Community Prepared by Stephen Kearns, Planning D eve 1 opmer Q41L4_ Intern Date: January 20, 1998 (CC meeting of February 18, 1998) Subject: CONSIDER MINOR MODIFICATION NO. 2 TO PLANNED DEVELOPMENT 859 (MARLBOROUGH MOORPARK) ON THE APPLICATION OF JEFFREY L. BOWDEN TO INSTALL A WROUGHT IRON FENCE ALONG THE SIDE AND REAR PROPERTY LINES OF LOT 105 AND TO ALLOW LOTS 100 -104 AND LOT 106 OF TRACT 3096 -3 TO INSTALL IDENTICAL WROUGHT IRON FENCING ALONG THE WEST SIDE OF SPRING ROAD BETWEEN PEACH HILL ROAD AND TIERRA REJADA ROAD (APN 507 -0- 122 -085 TO 145). Executive Summary The applicant has requested a modification to Planned Development 859, a single family residential development bounded by Peach Hill Road to the North, Spring Road to the East, Peach Hill Road to the West, and Tierra Rejada Road to the South, to install wrought iron fencing along the side and rear property lines of lots 100 -106 adjacent to Spring Road. The proposed fencing for lot 105 has been installed without a permit along the side and rear property lines and represents the type of installation proposed for the identified lots. The subject properties although fronting on and taking access from Laurelhurst Road are "through" lots with side and rear property lines extending to the Spring Road right -of -way and the boundary line of the Monte Vista Nature Park. The visibility factor and resulting impact occur along Spring Road in proximity to the Monte Vista Nature Park. Background On July 20, 1983, the City Council adopted Resolution 83 -19 approving Planned Development No.859 as originally approved by the County of Ventura in 1978. This approval was for the construction of one hundred and ninety -three (193) one and two - story single family residences. Minor Modification No.l was approved by the Director of Community Development on November 16, 1988 for a second story room addition at 4369 Wildwest Circle. (JOUSZ1 A, Minor Modification No. 2 was filed by Jeffrey Bowden on December 30, 1997. The Homeowners Association and the property owners of lots 100 -104 and 106, who desire the same fencing opportunity, have approved the filing of the application. No other requests for fence modifications have been submitted for this tract. Setting Direction Zoning Site RPD 4.5u (Residential Planned Development 4.5 units per acre) North RPD 4.5u (Residential Planned Development 4.5 units per acre) South RPD 4.5u (Residential Planned Development 4.5 units per acre) East RPD 4.5u (Residential Planned Development 4.5 units per acre) West RPD 4.5u (Residential Planned Development 4.5 units per acre) Existing Fence General Plan Current Use M(Medium Single Family Density) Dwellings M(Medium Single Family Density) Dwellings M(Medium Single Family Density) Dwellings P(Parks) Monte Vista Nature Park /Spring Road M(Medium Single Family Density) Dwellings The existing fencing along the subject lots, except lot 105 (fencing installed without a permit) is wrought iron (36 inches high) on top of a masonry footer (30 inches high) with 6 -foot tall masonry pilasters at the side property lines (see Exhibit 3). These existing fences are located at the top of a graded slope which rises above Spring Road. The fences are located at the rear of the pad area of the respective lots but the property lines of the lots descend down the slope to the Spring Road right -of -way (see Exhibit 1). The area down slope from the building pad is the subject of this fencing modification request. Ventura County originally required solid masonry walls at the top of the slope but a variance was granted in 1979 allowing the wrought iron /masonry combination, currently in place on the subject lots. Proposed Fence This Minor Modification will include lots 100 through 106. The applicant is the owner of lot 105 and proposes and has installed a wrought iron fence extending down the slope of his property to the rear property line, abutting Monte Vista Nature Park (see Exhibit 1). Applicant indicates that the fence is intended to create a barrier to deter people from walking on private property and mitigate potential litigation to the property owners due to any injury that may occur on private property, as well as increase the amount of usable lot area. The proposed wrought iron fence is to be 5 -foot tall, constructed in 6 -foot sections joined by 6 foot steel posts, that are 1.5 inches square (see Exhibit 2). A 3 -foot wide gate has been installed at the rear property line fence of lot 105. The wrought iron fencing and posts will be painted black. Design Consistency Lots 93 -99, to the north of the subject site, have concrete block walls defining their property lines(see Exhibit 4). Lot 100 has a concrete block wall extending toward Spring Road but it is not on the rear property line. This existing wall is set back approximately 15 feet from the rear property line, which is also the property line of Monte Vista Nature Park(see Exhibit 1). Lots 101 -106, as previously noted, have wrought iron fencing over a concrete block wall on the rear pad lines, located at the top of the slope. This proposed Minor Modification would result in a fence line along the west side of Spring Road consisting of a block wall for lots 93 -99 and wrought iron along the rear and side property lines of lots 100 -106. There are currently no fences on the east side of Spring Road, however the approved Carlsberg Specific Plan (Specific Plan 92- 1)allows fences of wrought iron on the top of slopes, along ridgelines, and on hillsides to preserve scenic views (Specific Plan 92 -1, p.21). It also prohibits the use of wrought iron where screening of yards is needed (Specific Plan 92 -1, p.50). The Carlsberg plan also states that the project walls along entry roads to the Moorpark Community should be designed in a uniform and consistent OULIIIS� manner so as to blend with other walls within the community and adjacent residential projects. Conclusion The wrought iron fences, located at the rear pad lines (top of slope)of lots 101 through 106, are part of the approved fence design for this existing residential project. However, there is no approved fence design for the rear property line (bottom of slope near Spring Road). Wrought iron would maintain an open look for the area as compared to a block wall, and may be more compatible for the nature park, however there remains a concern with future uses within the newly fenced area and /or the storage of material without being screened from view. Maintaining a consistent and compatible fencing treatment along Spring Road is important since it is a major north /south street (four lane arterial in the Circulation Element) in the community. Staff recommends approval of this Minor Modification application with the findings and conditions in the attached Resolution. Environmental Determination This project is Categorically Exempt from CEQA requirements as a Class 1 exemption, for the operation or alteration of private structures. Recommendation Adopt Resolution No. 98 -- approving Planned Development Permit No. 859 Minor Modification No.2. Exhibits: 1) 2) 3) 4) 5) 6) 7) 8) Site Plan Proposed Fence Detail Approved Fence Detail Adjacent Lots Fence Detail Vicinity Map Zoning Map General Plan Map Resolution of Approval WALL PEA t r' I 5 Pte' 4 / tL& or NI / N Exhibit 1 Site Plan v t� .. d M d tife -V NST A'ruRF PAR -�S I 1 to N fr v /n c )Y- Exhibit 2 Proposed Fence Detail K. 0.'0 F 0 I r�*_j � woo 9 OF _ r_--lf4e,I M+=I.'Z- 74-1y0 o t FL,-7 r4L.,L r_ —r,s� 'J)' x ' tfif5ev - uegHel � V -ror *AH P t5croM �i X 6 x Ito r1OHG. P-5� {-- HWA. -V i= au�lAT C Exhibit 3 Approved Fence Detail Q �r ot4L, . I ri -r, = p v 3Z/ ^d -o ' — — 7 7 Irl-I -7-FV TTV49a eouea sqou qugorcpv :P, lTqTlqxH J DR. IGHTS ST. z WE■M■ 7 " WIN 'UN M K Location i1Jl_ yr, { POINi .. © '� NATURE PARK f?N ; OO D C 0 'c. m > tf� ' EE ush ti. > 1r Exhibit 5 \, Vicinity y Map s =•r -- �. !lily eA ■e z V 0 oTE M yon r_�:s ID►!1 f ,r ®taC]Ji �,— alt1�" p III %� � 11111111 II::GJ11 . : 1111 1111 'W�•1� �- 111!1111 "' C- �1:11II101 a-a w y= �i�:7� �N•yC�1�`�t�1 �.i. or r! ■►1!111• 1 /Issg /gi iKO M • IiM• r tells �,� �M 1�LI:JC.�t� .t r�►, ��■ 1 /1t 1/111111 ►� ��� 7 . ■ t �� �� � 11 1�1 1111 � ��� �� � • =� RNs iii► � ., 1 RESOLUTION 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO.2 TO PLANNED DEVELOPMENT PERMIT NO. 859 ON THE APPLICATION OF JEFFREY L. BOWDEN FOR A MODIFICATION TO THE APPROVED FENCE PLAN FOR LOTS 100 THOUGH 106 OF TRACT 3096 -3 (MARLBOROUGH MOORPARK), ASSESSOR'S PARCEL NUMBERS 507 -0- 122 -085 THROUGH 145. WHEREAS, On December 30, 1997, Jeffrey L. Bowden applied for Minor Modification No. 2 to Planned Development No. 859 to modify the fence plans for lots 100 through 106 of tract 3096 -3; and, WHEREAS, Staff conducted an environmental review of the proposed Minor Modification and determined that the project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations; and, WHEREAS, the Director of Community Development recommended the approval of Minor Modification No. 2 to the City Council on February 18, 1998; and, WHEREAS, at its meeting of February 18, 1998, the City Council considered the application filed by Jeffrey L. Bowden for Minor Modification NO. 2 to Planned Development NO. 859 to modify the fence plans for specific lots; and, WHEREAS, at its meeting of February 18, 1998, the City Council after review and consideration of the information contained in the staff report dated January 20, 1998 and accepting public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Relating to the standards specified in Section 17.44.030.A.2 of the Municipal Code, the City Council hereby finds that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code wherein this type of fencing would be allowed which assists in maintaining a suburban /rural character for the community; b. The Minor Modification is compatible with the character of surrounding development where wrought iron fencing exists or has been approved for usage under certain conditions; Exhibit 8 0001S�4, Resolution C. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses so long as unsightly conditions do not result by storing materials within the newly fenced area; d. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare in that the area to be fenced is under private ownership and is not part of a landscape corridor or open space feature maintained by the city. e. The proposed wrought iron fencing and its location is compatible with the scale, visual character and design of the surrounding properties and is designed so as to enhance the physical and visual quality of the community and is designed to provide visual relief between the residences, Monte Vista Nature Park and the Spring Road transportation corridor by maintaining an open, natural appearance consistent with adjacent developed properties and the design features approved for the Carlsberg Specific Plan on the east side of Spring Road. SECTION 2. The City Council conditionally approves Minor Modification No. 2 to Planned Development No. 859 for modification of fence plans for lots 100 through 106 of tract 3096 -3 (Marlborough Moorpark). SECTION 3. Approval of Minor Modification No. 2 to Planned Development No. 859 is hereby approved subject to the following conditions: 1) No storage of any materials may take place within the proposed fenced area. 2) Approval of a Zoning Clearance is required prior to any construction. 3) Written approval from the Homeowners Association is required to be on record with the Community Development Department prior to construction. 4) The Director of Community Development may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance." The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 00(vb 5) No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6) The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 7) All conditions of approval for Tract 3096 -3 and PD 859 shall apply, except as modified by the conditions of this Minor Modification.