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HomeMy WebLinkAboutAGENDA REPORT 1999 0915 CC REG ITEM 09ATO: FROM: DATE: CITY OF MOORPARK AGENDA REPORT Honorable City Council rrEM 9 • 4-. - CiTV OF I- +OMIT VP RK, CALIFORNIA Cif Catincil bteeting of "SePIPalberlb, 1CM ACTION:AdUated NO, 99-1 554; BY: �� i'� �'r%z —' r.-- Wayne Loftus, Acting Director of Community Development Prepared by: John Libiez, Principal Planner /Advance September 2, 1999 (CC meeting 9/15/99) SUBJECT: Consider Approval of General Plan Amendment No. 95 -2; Specific Plan 95 -2 /Specific Plan No. 2; Zone Change No. 95 -4; Development Agreement No. 98 -01; Mitigation Monitoring Program; Statement of Overriding Considerations; Applicant: Morrison- Fountainwood- Agoura, Moorpark Highlands Specific Plan. BACKGROUND The formal application by Morrison /Fountainwood /Agoura for the Specific Plan No. 2 project was deemed complete on October 20, 1997. EDAW, the selected consultant, began preparing the Draft EIR and Specific Plan shortly thereafter. The preliminary Specific Plan and the Draft EIR were presented at a joint City Council /Planning Commission public workshop on September 23, 1998. Planning Commission initiated public hearings on the Specific Plan and the EIR on November 23, 1998. Commission held additional public hearings on November 30, and December 14, 1998. Planning Commission adopted Resolution PC -98 -362 recommending certification of the EIR, approval of General Plan Amendment No. 95 -2, Specific Plan No. 95 -2, and Zone Change No. 95 -4 on December 14, 1998, and forwarded its recommendation to the City Council for consideration. City Council began consideration of the Specific Plan No. 2 project at public hearing on January 20, 1999, and continued consideration to February 3, March 3, March 17, April 21, June 16, July 7, August 18, and September 1, 1999. City Council certified the EIR for the project on April 21, 1999. On August 18, 1999, Council directed that the Development Agreement (DA- 98-01) for the project be forwarded to the Planning Commission for consideration and recommendation. Planning Commission considered the Development Agreement at a public hearing on M:\ JLibiez\ M\ SP2\ 91599AdoptionSP2totalproject .doc 000001 City Council Agenda Report Specific Plan No. 2 Adoption September 15, 1999 Page 2 August 30, 1999, and adopted Resolution PC -99 -382 recommending adoption of Development Agreement No. 98 -01 to the City Council. The application components that were applied for and considered throughout the public review process are as follows: General Plan Amendment No. 95 -2 : General Plan Amendment No. 95 -2 involves the following amendments to the Land Use Element and Circulation Element of the General Plan. 1. Amend the 1992 Land Use Element of the General Plan by removing overlay designations affecting the Specific Plan No.2 site. Current designation for the properties are Specific Plan with an overlay of Open Space 1 and Rural Low Density. With approval of a specific plan, permitted development under the current designation is limited to 475 dwelling units on 445 acres with 7 acres of Institutional use also specified. Based on provisions of the General Plan, a maximum of 712 dwelling units could be achieved if the property owner agrees to provide public improvements, public services, and /or financial contributions that the City Council determines is of substantial benefit to the community. The proposed plan seeks to permit 652 dwelling units on 445 acres, and could comply with the description of Specific Plan No. 2 of the adopted General Plan Land Use Element (1992) found on page 30 through 32, subject to appropriate findings. 2. Amend the Circulation Element (1992) Figures 2, 3, and 4. to: (a.) Extend Spring Road from its current terminus at Charles Street to intersect with Walnut Canyon Road; (b.) Redesignate "C" Street within the plan to connect from Spring Road to the easterly boundary of the project adjacent to Happy Camp Canyon and in alignment to a proposed road from properties to the east (Specific Plan No.8, Hidden Creek Ranch) of the project site; (c.) Designate the Spring Road extension and Street "C" as Four -Lane Arterial roadways; (d.) Designate bikeways within the Specific Plan area; and, (e.) Designate equestrian trails within the Specific Plan area. (f.) Delete the "D" Street proposed alignment. 000002 City Council Agenda Report Specific Plan No. 2 Adoption September 15, 1999 Page 3 Zone Change No. 95 -4: Amend the City Zoning Map by rezoning the subject property from R -1 (Single Family Residential), RE -5 (Rural Exclusive -5 acre lot) and RA -10 (Rural Agricultural -10 acre lots) to SP (Specific Plan Zone) ; and, amend Title 17 of the Moorpark Municipal Code to adopt development standards contained within the Specific Plan as Chapter 17.74 within the Zoning Code of the City. Specific Plan No. 95 -2 (SP -2) : Specific Plan No. 95 -2 proposes development of a mix of 532 single family detached residential units, 120 multiple family residential units of which 65 will be affordable rental housing units, 11 acres of park land, 94 acres of habitat conservation property, a 20 acre middle school site, right -of -way reservations for the SR118 and SR23 extensions, and 175 acres of open space lands on a 445 acre consolidated parcel of land. The bulk of the project development would occur in the upper two - thirds of the site, above the proposed SR118 alignment. The Plan incorporates design guidelines and development standards for the project area. DISCUSSION Should City Council choose to approve the project in its entirety the attachments to this staff report include the appropriate Ordinance and Resolution to effect adoption. Council may wish to adopt the ordinance to first reading at this meeting, and delay adoption of the resolution until second reading of the required ordinance at the City Council meeting of October 6, 1999. Over the course of public review and discussion with the applicant, amendments and changes to the project have evolved. As of this hearing date the application components for consideration are as follows: General Plan Amendment No. 95 -2 : No change from original application. Zone Change No. 95 -4: No change from original application. Specific Plan No. 95 -2 (SP -2) : The Moorpark Highlands Specific Plan (SP -2) was modified through the public review and hearing process. In June, 1999, a revised plan was issued by the applicant in response to City Council and �11111 City Council Agenda Report Specific Plan No. 2 Adoption September 15, 1999 Page 4 citizen input and became the Council preferred plan. The revised plan: 1) relocated the 22 acre school site, 2) relocated a 7 acre public park, 3)added large lot developments (10,000 and 30,000 square feet), 4)provided for Class 1 bicycle paths, 5)provided development standards for the revised residential areas, 6) defined the on -site affordable housing component, and 7) reduced the proposed dwelling units from 652 to 598. Subsequently, the negotiations for Development Agreement No. 98- 01 reduced the proposed total dwelling units to 570 with 25 on- site "for sale" affordable units and included provisions for financial contribution to assist the City with its affordable housing program. At the September 1, 1999 City Council meeting, City Council directed that Spring Road be constructed to a full four lane configuration with appropriate turn lanes and signal installation within the 104 foot arterial right -of -way proposed by the Specific Plan. Spring Road will connect to Walnut Canyon Road in a gentle transitional curve design with southbound Walnut Canyon Road forming a "T" intersection with Spring Road. Staff was also directed to review potential Specific Plan text changes to reflect flexibility in the size of the school site and related changes to the park site and numbers of residential units possible on Planning Area 5. The City Manager met with the School District Superintendent on September 9, 1999. The District is satisfied with leaving the land use for the school site as it is currently designated within Specific Plan No. 2. With regard to the changes to the "project" since its inception Section 15088.5 of the California Environmental Quality Act (CEQA) Guidelines requires lead agencies to re- circulate an environmental impact report with appropriate notice whenever new information is added to an EIR after the original notice but prior to certification of the EIR. "New information" includes such things as: 1)creating a new impact or more severe impact from a mitigation measure proposed to be implemented; 2) substantial increase in severity of an impact would occur unless mitigation measures are adopted to reduce the impact to a level of insignificance; 3) a project proponent refuses to adopt a mitigation measure or project alternative that could reduce impacts of the project; or, 4) the draft EIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. It was City Council's determination that amendments directed in February, 1999, and incorporated by the June, 1999, Draft Specific Plan did not require re- circulation of the project EIR 0000 ®^r1 City Council Agenda Report Specific Plan No. 2 Adoption September 15, 1999 Page 5 as the changes were adequately considered by the alternatives evaluated by the Draft EIR. The EIR was certified on April 21, 1999. Changes since the Certification of the Final EIR have not added anything new requiring evaluation and preparation of an addendum or revised EIR. Reduced impacts through reduction of total units will occur with the final adoption of the SP -2 project. The findings in the resolution for adoption include a statement on the adequacy of the Final EIR to provide analysis for changes to the project directed by City Council since June, 1999. Prior to consideration of the ordinance and resolution for approval of the project, Council must adopt a Mitigation Monitoring Program and Statement of Overriding Considerations. These documents are attached as exhibits to the resolution to adopt the Specific Plan No. 2 project. As of this hearing date, no other outstanding issues remain which might preclude consideration and adoption of the Specific Plan No. 2 project and its several components. STAFF RECOW4ENDATION 1. Conduct Public Hearing to consider a Mitigation Monitoring Plan; a Statement of Overriding Considerations; General Plan Amendment No. 95 -2; Specific Plan No. 95 -2; and, Zone Change No. 95 -4; 2. Close public hearing; 3. Adopt Resolution No. 99- to adopt a Mitigation Monitoring Plan, Statement of Overriding Considerations, General Plan Amendment No. 95 -2, and Specific Plan No. 95- 2; 4. Introduce Ordinance No. for first reading to adopt Zone Change No. 95 -4.. Attachments: Attachment 1. Resolution No. 99- , with attachments: Exhibit A. Mitigation Monitoring Plan Exhibit B. Statement of Overriding Considerations Exhibit C. General Plan Amendment No. 95 -2 Land Use Designation Exhibit D. Circulation Element, Figure 2, Highway Network Exhibit E. Circulation Element, Figure 3, Bikeway Element Exhibit F. Circulation Element, Figure 4, Equestrian Trail Network 000005 City Council Agenda Report Specific Plan No. 2 Adoption September 15, 1999 Page 6 Exhibit G. Specific Plan No. 95 -2 /Specific Plan No. 2, Moorpark Highlands Specific Plan Attachment 2. Ordinance No. with attachments: Exhibit A, Proposed Zoning Exhibit B, Title 17, Chapter 17.74 Specific Plan 95- 2 /Specific Plan No. 2 /Moorpark Highlands Specific Plan 0000()(; RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATION MONITORING PLAN AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE MOORPARK HIGHLANDS SPECIFIC PLAN PROJECT (SPECIFIC PLAN NO. 95 -2 /SPECIFIC PLAN NO 2; GENERAL PLAN AMENDMENT NO. 95 -2; ZONE CHANGE 95 -4; AND DEVELOPMENT AGREEMENT No. 98 -01); AND, ADOPTING GENERAL PLAN AMENDMENT NO. 95 -2, AND SPECIFIC PLAN NO. 2 ( MOORPARK HIGHLANDS SPECIFIC PLAN) ON THE APPLICATION OF MORRISON- FOUNTAINWOOD- AGOURA. WHEREAS, at a duly noticed public hearing on January 19, 1999, continued public hearings on February 3, March 3, March 17, April 21, June 16, July 7, August 18, and September 1, 1999, the City Council considered the application filed by Morrison - Fountainwood- Agoura for the Moorpark Highlands Specific Plan Project, consisting of Specific Plan No. 2 /Specific Plan No. 95- 2, General Plan Amendment No. 95 -2, and Zone Change No. 95 -4, and Development Agreement No. 98 -01 for an approximately 445 acre site located within the City of Moorpark, in Ventura County, southerly and proximate to the City northerly boundary, northerly of Charles Street, westerly of Happy Camp Canyon Regional Park and easterly of existing residential development within the City and incorporating more or less Assessor Parcel Numbers: 506 -03 -135, 145, 155, 165, and 185; and WHEREAS, the Planning Commission of the City of Moorpark on December 14, 1998, did adopt Resolution PC -98 -362 recommending to the City Council approval of Specific Plan No. 2 /Specific Plan No. 95 -2, General Plan Amendment No. 95 -2, Zone Change No. 95 -4, and certification of the project EIR, subject to findings and amendments incorporated into that resolution; and WHEREAS, The Planning Commission of the City of Moorpark on August 30, 1999, did adopt Resolution PC -99 -382 recommending to the City Council approval of Development Agreement No. 98 -01; and WHEREAS, the City Council on April 21, 1999, certified the Final Environmental Impact Report for the Moorpark Highlands Specific Plan as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA ATTACHMENT 100000, Resolution 99- Moorpark Highlands EIR Certification Page 2 Guidelines, and the City's CEQA procedures and meeting all findings required by CEQA; and, Whereas, the City Council on September 15, 1999, at a continued public hearing, considered a Mitigation Monitoring Program; a Statement of Overriding Considerations related to the Moorpark Highlands Specific Plan /Specific Plan No. 95 -2; General Plan Amendment No. 95 -2; and Specific Plan No. 95 -2; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark finds as follows: A. The Mitigation Monitoring Program attached hereto and incorporated by this reference provides for direction and control of the development proposed by the Specific Plan No. 2 project to ensure consistency with the technical and mitigation recommendations of the Project Final EIR and to reduce overall impacts by the project. B. A Statement of Overriding Considerations attached hereto and incorporated by this reference, has been prepared for the Specific Plan No. 2 project and represents the collective decision of the City Council of the City of Moorpark with regard to the benefits of the project versus any adverse impacts inherent to the project. C. General Plan Amendment No. 95 -2. 1. The amendments contained within the general plan amendment application are necessary to provide implementation of goals and policies for circulation, land use, and open space /recreational uses permitted or required by the 1992 General Plan update and to reflect the circulation components required of the specific plan. D. Specific Plan 95 -2 /Specific Plan No. 2. 1. The Moorpark Highlands Specific Plan /Specific Plan No. 95 -2, as revised, and dated September, 1999 is consistent with the Moorpark General Plan, as amended through General Plan Amendment 95 -2 for the following reasons: M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000008 Resolution 99- Moorpark Highlands EIR Certification Page 3 a. Specific Plan No. 2 implements provisions of the Land Use Element of the General Plan, 1992, for the property identified within the Specific Plan. b. Specific Plan No. 2 meets the goals, policies and intents of the General Plan Open Space Conservation and Recreational Element by defining areas for passive and active recreation, preserving ridgelines, preserving visual and aesthetic resources, providing public park land to meet community needs, and providing a habitat conservation area for the preservation and protection of a threatened avian species. C. Specific Plan No. 2 is consistent with the Circulation Element of the General Plan in that the plan provides for the extension of Spring Road from High Street to Walnut Canyon Road, a major component of the City's master circulation system, provides reservations and rights -of -ways for the SR -118 and Sr -23 alignments, and provides community equestrian and bicycle trail linkages. d. Specific Plan No. 2 and the Final EIR for the specific plan have provided extensive seismic safety and general safety information affecting the design and development of the project consistent with requirements of the General Plan Safety Element. e. Specific Plan No. 2 is consistent with the Noise Element of the General Plan and provides for sound attenuation through siting principles and project design as well as provision of walls and insulative techniques. f. Specific Plan No. 2. Provides opportunities for housing all economic segments of the community through an on -site provision related to "for sale" units and in -lieu fee payments to assist development of affordable housing at sites within the greater community, thereby helping the City to meet its "fair share" housing allocations. M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000009 Resolution 99- Moorpark Highlands EIR Certification Page 4 E. The City Council finds that the Moorpark Highlands Specific Plan Project EIR adequately addresses all issues raised after the close of the public review period and prior to the close of the public hearing on the project, and that no new significant environmental impact has been identified, nor has there been identified any feasible project alternative or mitigation measure considerably different from others previously analyzed that would lessen the identified adverse environmental impacts to less than significant. F. The City Council further finds that the Final EIR certified on April 21, 1999, is adequate to address all issues contained within the Development Agreement and that an addendum to, or re- circulation of the EIR is not required. SECTION 2 approves and Specific Plan attached hereto ._ The City Council of the City of Moorpark hereby adopts General Plan Amendment No. 95 -2, and No. 95 -2, as revised through September 15, 1999, and incorporated by this reference. SECTION 3. The City Council hereby designates the Office of the City Clerk and the Community Development Department as the custodians of the records constituting the record of proceedings upon which its decision has been based. Original ordinances and resolutions along with one copy of the attachments referenced therein, except for the Specific Plan document, shall be deposited within the Office of the City Clerk. The Community Development Department shall be designated the repository and archive for all historical and active materials related to the Moorpark Highlands Specific Plan project, including the Environmental Impact Report and Specific Plan document. SECTION 4. The City Clerk shall certify to the adoption of this resolution, and shall cause a certified resolution to be filed in the book of oriainal resolutions. PASSED, AND ADOPTED THIS 15th DAY OF SEPTEMBER, 1999: Patrick Hunter, Mayor M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000010 Resolution 99- Moorpark Highlands EIR Certification Page 5 ATTEST: Deborah S. Traffenstedt City Clerk ATTACHMENTS: Exhibit A. Mitigation Monitoring Program Exhibit B. Statement of Overriding Considerations Exhibit C. General Plan Land Use Map Designation Exhibit D. General Plan Circulation Element, Figure 2, Circulation Network Exhibit E. General Plan Circulation Element, Figure 3, Bikeway Element Exhibit F. General Plan Circulation Element, Figure 4, Equestrian Trail Network Exhibit G. Specific Plan No.2 /Moorpark Highlands Specific Plan (On file in Community Development Department) M:\ JLibiez \M \SP2 \RESOLUTIONadoption SP2CC91599.doc 000011 (to be issued under separate cover) EXHIBIT A MITIGATION MONITORING PROGRAM 000012 (to be issued under separate cover) EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS 000013 EXHIBIT C GENERAL PLAN AMENDMENT 95 -2 PROPOSED DESIGNATION 000014 u wo r F. oj - s:.:: t SPECIFIC PLAN . _' fZ mama mans • I RM a rte. �'!� ■6 ■= T�! :ull� �E; �,; 11111 :IBBBIBidliiidll!'� �����'`�a� y��Ij�11►'�i �� -. o� I�i'���i` � `~ � •Ifi� :. �. �� 11�i ,1111■ Illilsl ®l�1�11111 � ►% _ ��1 . i on �� EXHIBIT C GENERAL PLAN AMENDMENT 95 -2 PROPOSED DESIGNATION 000014 BROADWAY fl---:V�OAQ .............................. ......... .......... C STRW ....... ......... . % ...... ei PARK sm•118 v c", ......... 6,060666 ol 0000 0 00 00 #0 ...... ---------- L . ....... — --- ----------- ------------------- .09 FIGUM 2 VVINFRAT &MCNAMOR CITY OF MOORPARK 3014AXI A011111" GENERAL PLAN CIRCULATION ELEMENT P0111- – AWTVIRML staft CMIACM m'MWWW mrrvg= , Oc" 0014=7001 BKVIAL 90YARSOC1UM ANIUM on caossom ORADS WARATID RR CROBBW Cr" LAW 30LBIDART on owned Mus P0110MAY CORRIDOR EXHIBIT D GENERAL PLAN AMENDMENT 95-2 CIRCULATION NETWORK 000035 ra�laM somas aiwwwa cLAn t IMWAT Q= FAIM - A hilt dmftmd ft I m b M9dw r Opk* YrM far .rr�r aai by a tomb pla �� w "m *am d Ora b ""ft M FWD afoaae to deimbsi CLAM 0 1gZMAT CM LAP" - A imod n Of a � —t q ddpmd jw pnlaaa " m d %itch Foss .wimp rd d~ bdma at pmw of a w bw a dg arda4. aASS M SoMwAY (R RWM • A oawriwd otw +Ptefal Frog[ w- p r�M} �t ra as irs dr eotd — aft awwbM aa0 Oay Om M 6MM" W" ooaetet dr Mmprt apbm -Yb do n10 Maaq W� art Wmdltd la dM WWwW WwWk Ratd-P w" M no dedp " aia a Om U tfaaq, tr afb# m" r oanatctbr bear Om n bxilr ago r%md b1m In gray &Add b aeddWad r Om 111 bMga Cm L wr fOLROMY Fauna o CM OF MOORPARK GENERAL PLAN CRCULATION ELEMENT Sepbmbw 1999 EXHIBIT E GENERAL PLAN AI4ZNDMENT 95 -2 BIKEWAY ELEMENT 0000--ILG NQUiarRGN 7lAIIS Cny LOW SOUNDARY Plata 4 Crff OF MOORPARK GENERAL RAN CMCUTA77ON ELEMENT saursrpuw Twru �arr�owc ssn.rr Im EXHIBIT F GENERAL PLAN AMENDMENT 95-2 EQUESTRIAN TRAIL NETWORK 00001,E (to be issued under separate cover) EXHIBIT G MOORPARK HIGHLANDS SPECIFIC PLAN SPECIFIC PLAN NO. 95 -2 /SPECIFIC PLAN NO. 2 ORDINANCE NO: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A ZONING DESIGNATION OF SPECIFIC PLAN (SP)FOR ALL PROPERTIES WITHIN THE MOORPARK HIGHLANDS SPECIFIC PLAN AND AMENDING THE ZONING MAP OF THE CITY OF MOORPARK TO DESIGNATE ALL LANDS COMPRISING THE MOORPARK HIGHLANDS SPECIFIC PLAN, (SPECIFIC PLAN 2 /SPECIFIC PLAN 95 -2) WITHIN THE BOUNDARIES OF SPECIFIC PLAN NO. 2 AS SP (SPECIFIC PLAN)); AMENDING TITLE 17, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF MOORPARK ADOPTING DEVELOPMENT STANDARDS FOR SAID PROPERTIES AND PLACING SUCH REGULATIONS AS CHAPTER 17.74 WITHIN SAID CODE; AND, ADOPTING DEVELOPMENT AGREEMENT NO. 98 -01 BETWEEN THE CITY OF MOORPARK AND MORRISON - FOUNTAINWOOD - AGOURA PERTAINING TO THE DEVELOPMENT OF THE SPECIFIC PLAN NO. 2 PROJECT. WHEREAS, at a duly noticed public hearing on January 19, 1999, continued public hearings on February 3, March 3, March 17, April 21, June 16, July 7 August 18, and September 1, 1999, the City Council considered the application filed by Morrison - Fountainwood- Agoura for the Moorpark Highlands Specific Plan Project, consisting of Specific Plan No. 2 /Specific Plan No. 95- 2, General Plan Amendment No. 95 -2, and Zone Change No. 95 -4, and Development Agreement No. 98 -01 for an approximately 445 acre site located within the City of Moorpark, in Ventura County, southerly and proximate to the City northerly boundary, northerly of Charles Street, westerly of Happy Camp Canyon Regional Park and easterly of existing residential development within the City and incorporating more or less Assessor Parcel Numbers: 506 -03 -135, 145, 155, 165, and 185; and WHEREAS, the Planning Commission of the City of Moorpark on December 14, 1998, did adopt Resolution PC -98 -362 recommending to the City Council approval of Specific Plan No. 2 /Specific Plan No. 95 -2, General Plan Amendment No. 95 -2, Zone Change No.95 -4, and certification of the project EIR, subject to findings and amendments incorporated into that resolution; and WHEREAS, The Planning Commission of the City of Moorpark on August 30, 1999, did adopt Resolution PC -99 -382 recommending to the City Council approval of Development Agreement No. 98 -01; and ATTACHMENT 2 000019 ORDINANCE 99- September 15, 1999 PAGE 2 WHEREAS, the City Council on April 21, 1999, certified the Final Environmental Impact Report for the Moorpark Highlands Specific Plan as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures and meeting all findings required by CEQA; and, WHEREAS, the City Resolution No. 99- Program; adopting a relative to the Moorp< No. 95 -2; General Plan 2; Council on September 15, 1999, did adopt adopting a Mitigation Monitoring Statement of Overriding Considerations ark Highlands Specific Plan /Specific Plan Amendment No. 95 -2; and Specific Plan No. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS FOLLOWS: SECTION 1. Title 17, Zoning, of the Municipal Code of the City of Moorpark, California is amended by amending the official zoning map of the City, as referenced in Section 17.04.020 of the Moorpark Municipal Code, by adding thereto the designation SP 95- 2 /SP -2 and by applying said designation to the Moorpark Highlands Specific Plan area as shown in Exhibit A attached hereto and incorporated herein by reference. SECTION 2. Title 17, Zoning, of the Municipal Code of the City of Moorpark, California is amended by adding thereto Chapter 17.74 as contained and more fully described in Exhibit B, attached hereto and incorporated by this reference. SECTION of Moorpark, Agoura, a development Plan No. 2) 3. Development Agreement 98 -01 between the City a municipal corporation, and Morrison- Fountainwood- California General Partnership, related to the of the Moorpark Highlands Specific Plan (Specific is hereby adopted, and, the City Clerk is hereby directed to cause one copy of the signed adopted agreement to be recorded within the records of the County of Ventura within ten days of adoption of said agreement. SECTION 4. The City Council of the City of Moorpark hereby finds as follows: 00000 ORDINANCE 99- September 15, 1999 PAGE 3 A. Zone Change No. 95 -4. a. Zone Change No. 95 -4 is consistent with the General Plan as amended through General Plan Amendment No. 95- 2. b. Zone Change No. 95 -4 is necessary to incorporate the standards and regulations affecting development of Specific Plan No. 2 within the Municipal Code to ensure ease of reference and enforcement. SECTION S. Whenever a conflict shall arise between provisions of the Specific Plan and the Zoning Code as to the meaning of terms, uses permitted, standards applicable or administration thereof, Chapter 17.74 shall prevail. SECTION 6. If any section, sub - section, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this ordinance and each section, sub - section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION and adoption of original passage and of the City shall within thereof, ca Star, a wee Section 6008 and which is 8. The City Clerk shall certify to the passage of this Ordinance; shall enter the same in the book ordinances of said city; shall make a minute of the adoption thereof in the records of the proceedings Council at which same is passed and adopted; and fifteen (15) days after the passage and adoption use the same to be published once in the Moorpark kly newspaper of general circulation, as defined in of the Government Code, for the City of Moorpark, hereby designated for that purpose. 000021 ORDINANCE 99- September 15, 1999 PAGE 4 PASSED AND ADOPTED THIS DAY OF SEPTEMBER, 1999: Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ATTACHMENTS: Exhibit A. Proposed Zoning Exhibit B. Chapter 17.74 to Title 17, Specific Plan No. 2. 000022 11 U :40) t TITLE 17 CHAPTER 17.74 SPECIFIC PLAN NO. 2 SPECIFIC PLAN NO. 95 -2 MOORPARK HIGHLANDS SPECIFIC PLAN CITY OF MOORPARK MORRISON- FOUNTAINWOOD- AGOURA EXHIBIT B 000004 CHAPTER 17.74 SPECIFIC PLAN NO. 2 /SPECIFIC PLAN 95 -2, MOORPARK HIGHLANDS SPECIFIC PLAN Sections: 17.74.010 Purpose 17.74.020 Definitions 17.74.030 General provisions 17.74.040 Residential Planned Development Regulations 17.74.050 Open Space Regulations 17.74.060 Public Institutional Uses 17.74.070 Special Regulations 17.74.010 Purpose. The development regulations and standards contained herein have been established to provide criteria for the development of the Planning Areas within Specific Plan No. 2. Implementation of the regulations and standards set forth in this section are intended to ensure that future development is coordinated and consistent with the goals and policies of Specific Plan No. 2 and the City's General Plan. The following standards provide for the arrangement, development, and use of residential neighborhoods, open space areas, school and park sites designated as public - institutional areas, and future State highway right -of -way or dedication areas. Application of these regulations and standards is intended to encourage the most appropriate use of the land, create a harmonious relationship among land uses, and protect the health, safety, and general welfare of the community. Certain development requirements generally are included as conditions of approval for subdivisions and development permits, and may not be contained in the Development Regulations and Standards for Specific Plan 2 or in the City's Municipal Code and Subdivision Ordinance. Such development requirements include, but are not limited to: On -site lighting standards, fixtures, lumen levels, coverage mounting and pole height; street lighting standards; front yard landscaping; bus shelters; quantities and sizing of trees and shrubs; general review /approval of landscaping and irrigation plans; review and approval of conditions, covenants and restrictions; requirements for homeowner property associations; rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights -of -way; and concrete driveways. 17.74.020 Definitions. Words and terms used in the Specific Plan No. 2 Development Regulations and Standards shall have the same definitions as given in the City of Moorpark Municipal Code, including Title 17, Zoning. 17.74.030 General Provisions. These Development Regulations and Standards regulate all development within the Specific Plan No. 2 area. The following general provisions apply to all zone districts within the Specific Plan area. A. The City Municipal Code shall regulate development in 000025 Chapter 17.74 Moorpark Highlands Specific Plan Page 2 Specific Plan No. 2, except as modified by the regulations and standards contained herein. In such cases where the Specific Plan No. 2 development regulations and standards conflict with those in other Sections of Title 17 of the City of Moorpark Municipal Code, the Specific Plan No. 2 development standards shall apply. B. The establishment and changes of the zone district classification on land in the Specific Plan No. 2 area shall be as described in this Section and shall be adopted by an ordinance amending the City zoning map in the manner set forth in Chapter 17.60, Title 17, of the Municipal Code. The zone districts for Specific Plan No. 2 shall be consistent with the Specific Plan Land Use Plan, Exhibit 4, and Section 17.16.070.B, Specific Plan (SP) Zone, which requires the use of the SP suffix for property that is subject to a specific plan. C. All land use entitlements and permits issued within the Specific Plan No. 2 area shall be consistent with Specific Plan No. 2 and the City's General Plan as amended . D. Because it is infeasible to compose legislative language which encompasses all conceivable land -use situations, the Director of Community Development shall have the power to interpret the regulations and standards contained in this Specific Plan, when such interpretation is necessitated by a lack of specificity in such regulations and standards. M: \JLibiez \M \SP2 \1774sp2zngreg.doc E. Procedures for the processing of land use entitlement for the Specific Plan No. 2 area shall be the same as defined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code. 17.74.040 Residential Planned Development Regulations The purpose of these regulations is to provide assurances that residential development conforms to the City of Moorpark General Plan requirements for Specific Plan No. 2. These standards also provide for a range of single - family detached and multi - family dwelling units with development standards and regulations specifically applicable to the Specific Plan No. 2 property. Specific Plan No. 2 Development Standards may be more or less restrictive than the City's current development standards for each residential category. Exhibits 28 through 31 of the adopted Specific Plan contain single - family development standards for the plan areas. For the purposes of this Specific Plan, all uses permitted in the Specific Plan No. 2 Residential Planned Development Single Family (SP2 - RPD-SF) Zone, are as specified in Table 17.20.050 of Title 17 for the Residential Planned Development (RPD) Zone. 17.74.040.1 Single- Family Residential Site Development Standards A. Specific Plan No. 2 Residential Planned Development Single - Family (SP2- RPD -SF) 1.3- 2.5 du /ac Zone. 00002; Chapter 17.74 Moorpark Highlands Specific Plan Page 3 1. Minimum Lot Area: 10,000 square feet 2. Building Setbacks: a. Front Setback minimum for 10,000 square foot lots is thirty (30) feet. The front setback minimum for 30,000 square foot lots is thirty five (35) feet. The front setbacks for the proposed single - family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet variation with a maximum variation of five (5) feet for the front setback between adjacent lots, with no more than two adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side property line, shall have a minimum front setback of fifteen (15) feet. b. Side yard setback minimum for a single- family dwelling unit on a 10,000 sq. ft. minimum lot is 10 percent of the lot frontage. However, the setback can be reduced to seven (7) feet if a twenty (20) foot separation is maintained between structures. For 30,000 sq. ft. minimum lot the sum of side yards shall be a minimum of 20 feet with a minimum side yard (1 side) of 12 -foot for RV access, and a minimum of 20 -foot separation between structures. M:\ JLibiez \M \SP2 \1774sp2zngreg.doc C. Rear Setback minimum for a single - family dwelling unit on a 10,000 sq. ft. minimum lot is thirty (30) feet, and on a 30,000 sq. ft. minimum lot is (50) feet; for an enclosed patio or open patio cover is ten (10) feet; for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5) feet. d. For projects located in Planning Area 8 no habitable structures shall be located closer than 200 feet from the north /west Specific Plan boundary. 3. Maximum building height: a. Thirty -five (35) feet for dwelling units. b. Fifteen (15) feet for accessory structures. C. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height. d. No more than three (3) stories shall be permitted. 4. Fences and walls: Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking: Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code. 00002`7 Chapter 17.74 Moorpark Highlands Specific Plan Page 4 6. Signage: Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code. 7. Standards relating to animals: The keeping of animals shall comply with Chapter 17.28.030 of the Moorpark Municipal Code. 8. Eaves and window treatments and surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be consistent with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- around front elevation treatment. The architectural style and treatment included along the front elevation of a single family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the Residential Planned Development Permit approval body. 10. Solar Panels. Solar panels shall not be permitted on the front elevation of dwelling units if the panel may be seen from a public street. B. Specific Plan No. 2 Residential Planned Development Single- Family (SP2- RPD -SF) 2.5- 4.5 du /ac Zone. 1. Minimum Lot Area. 6,000 square feet M: \JLibiez \M \SP2 \1774sp2zngreg.doc 2. Building Setbacks a. Front Setback minimum is twenty (20) feet. The front setbacks for the proposed single - family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet variation with a maximum variation of five (5) feet for the front setback between adjacent lots, with no more than two adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side property line, shall have a minimum front setback of fifteen (15) feet. b. Side Setback minimum for a single - family dwelling unit adjacent to a street is ten (10) feet, with the exception that the minimum side setback adjacent to Spring Road shall be twenty (20) feet. C. Side Setback minimum for a single - family dwelling unit on an interior lot, other than for exceptions listed below, shall be five (5) feet. Side setback minimum for a second story deck or balcony is ten (10) feet. d. Side Setback minimum for a two -story single - family dwelling unit on an interior lot larger than 7,000 square feet, with windows facing the adjacent property, is seven and one -half (7.5) feet, with not less than fifteen (15) feet between structures. 00008 Chapter 17.74 Moorpark Highlands Specific Plan Page 5 e. Rear Setback minimum for a single - family dwelling unit is twenty (20) feet, for an enclosed patio or open patio cover is ten (10) feet, for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5) feet. f. For projects on a hillside area, and where it can be clearly established that reduced setbacks will enhance preservation of natural terrain and reduced grading, front setbacks may be reduced by the approving authority to ten (10) feet as applied to the main portion of the dwelling. Garage setbacks shall normally be twenty (20) feet except for a side loaded garage where a minimum driveway depth of twenty (20) feet from the right -of -way edge shall be provided. 3. Maximum building height. a. Thirty -five (35) feet for dwelling units. b. Fifteen (15) feet for accessory structures. C. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height. d. No more than three stories shall be permitted. 4. Fence: with Fences and walls and walls shall comply the provisions of the M:\ JLibiez \M \SP2 \1774sp2zngreg.doc Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 7. Recreational amenities. Residential Planned Development Permit areas with Single - family lots that have an average size of less than 7,000 square feet shall include private recreational amenities such as, but not limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, court game facilities (non - lighted), and multi - purpose fields. The types of amenities shall be reviewed and approved with the required Residential Planned Development Permit. S. Eaves and window treatments and surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be consistent with the eaves and window 0 Chapter 17.74 Moorpark Highlands Specific Plan Page 6 treatments and surrounds on the front elevation. 9. Wrap- around front elevation treatment. The architectural style and treatment included along the front elevation of a single family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the Residential Planned Development Permit approval body. 10. Solar Panels. Solar panels shall not be permitted on the front elevation of dwelling units if the panel may be seen from a public street. C. Specific Plan No. 2 Residential Planned Development Single Family (SP2- RPD -SF) 6 du /ac Zone. 1. Minimum Lot Area. 3,500 square feet 2. Buildina Setbacks a. Front Setback minimum is twenty (20) feet. The front setbacks for the proposed single - family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet variation with a maximum variation of five (5) feet for the front setback between adjacent lots, with no more than two adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing M: \JLibiez \M \SP2 \1774sp2zngreg.doc driveway, with the entrance to the garage facing the side property line, shall have a minimum front setback of fifteen (15) feet. b. Side Setback minimum for a single - family dwelling unit adjacent to a street is ten (10) feet, with the exception that the minimum side setback adjacent to Spring Road shall be twenty (20) feet. C. Side Setback minimum for a single - family dwelling unit on an interior lot, other than for exceptions listed below, shall be five (5) feet. Side setback minimum for a second story deck or balcony is ten (10) feet. d. Side Setback minimum for a two story single family dwelling unit on an interior lot larger than 7,000 square feet, with windows facing the adjacent property, is seven and one -half (7.5) feet, with not less than fifteen (15) feet between structures. e. Rear Setback minimum for a single- family dwelling unit is twenty (20) feet, for an enclosed patio or open patio cover is ten (10) feet, for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5) feet. 3. Maximum Building height a. Thirty -five (35) feet for dwelling units 0000 Chapter 17.74 Moorpark Highlands Specific Plan Page 7 b. Fifteen (15) feet for accessory structures C. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height. 4. Fences and walls Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 7. Recreational amenities. Residential Planned Development Permit areas with Single - family lots that have an average size of less than 7,000 square feet shall include private recreational amenities such as, but not limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, court game facilities (non - lighted), and multi - purpose fields. The types of amenities M: \JLibiez \M \SP2 \1774sp2zngreg.doc shall be reviewed and approved with the required Residential Planned Development Permit. 8. Eaves and window treatments and surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be consistent with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- around front elevation treatment. The architectural style and treatment included along the front elevation of a single family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the Residential Planned Development Permit approval body. D. Specific Plan No. 2 Residential Planned Development (SP2- RPD- SF -12) 12.0 du /ac Zone. 1. Lot Area. a. Attached unit projects: 3000 square feet of land area per dwelling. b. Detached unit projects: 3500 square foot lot minimum 2. Building Setbacks. a. Front Setback. Minimum landscaped setback of twenty (20) feet. Structures with garages siding to a street may have a reduced front setback of not less than fifteen (15) feet. 000031 Chapter 17.74 Moorpark Highlands Specific Plan Page 8 b. Side Setback. Minimum landscaped setback of five (5) feet. The side setback requirement adjacent to a roadway shall be ten (10)feet C. Rear Setback. Minimum landscaped setback of fifteen (15) feet. 2. Maximum Building height a. Thirty -five (35) feet for dwelling units. b. Fifteen (15) feet for accessory structures. C. Twelve (12) feet for a patio cover. 4. Fences and walls. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code. 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code. 7. Open space. In addition to any other open space requirement of Specific Plan No. 2, a SP -2 /RPD -12 project shall include the following amounts of open space: M:\ JLibiez \M \SP2 \1774sp2zngreg.doc a. Private Open Space. The following private open space shall be provided. Private open space shall be accessible from the dwelling unit served and not from other units. (1) A usable private open space area in the form of a courtyard, patio or garden, or combination thereof, with a minimum area of four hundred fifty (450) square feet and a minimum dimension of fifteen (15) feet for each dwelling unit. b. Usable Open Space. All RPD -12 developments shall provide not less than twenty - five (25) percent of the net site area as useable open space. (1) Usable Open Space Standards. Usable open space shall meet the following requirements: (a) Usable open space areas shall not include rights -of -way, vehicle parking areas, areas adjacent to or between structures less than fifteen (15) feet apart, required front setbacks, private open space areas, or areas with slopes exceeding fifteen (15) percent; (b) Usable open space areas shall be planted with turf or ground cover, or other landscaping material which will control dust; (c) Usable open space areas shall be screened from streets and adjacent sites; (d) Usable open space areas shall not be obstructed except by improvements that enhance 000032 Chapter 17.74 Moorpark Highlands Specific Plan Page 9 usability, such as required recreational amenities, fountains, sunshades, and plantings; (e) Usable open space areas shall not be covered by more than fifty (50) percent by a building overhang or balcony. 8. Recreational amenities. RPD -12 Zone projects shall provide recreational amenities such as, but not limited to, the following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, and court game facilities(non- lighted). The types of amenities shall be reviewed and approved with the required Residential Planned Development Permit. 17.74.050 Open Space Development Regulations It is the intent of these regulations to promote the preservation of the natural landforms of Specific Plan No. 2 area by allowing only limited improvements within private open space areas and prohibiting all development (including structures and trails) within the natural open space, except that required for remedial grading and arterial roadway construction. A. Private Open Space Permitted Uses For the purposes of this Chapter, the following is a listing of the permitted uses allowed within the Private Open M:\ JLibiez \M \SP2 \1774sp2zngreg.doc Space areas within Specific Plan No. 2. 1. Trails. Trails shall be developed as shown on the approved exhibits of the adopted Specific Plan No. 2. 2. Only signage identifying trail direction and use restrictions will be permitted. B. Private Open Space Development Regulations 1. Structures shall not be allowed. 2. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. C. Natural Open Space Development Regulations The Natural Open Space Zone areas shall be reserved for visual open space and are planned to be part of a Habitat Conservation Plan (HCP), as defined in the EIR document, Appendix J. These areas shall remain ungraded and shall not be developed, with the exception of roadway and infrastructure improvements necessary for the construction of Spring Road. The Natural Open Space Zone areas impacted by grading for Spring Road shall be re- contoured and re- vegetated to the standards as defined in the Design 000033 Chapter 17.74 Moorpark Highlands Specific Plan Page 10 Guidelines, Section 8, of Specific Plan No. 2. Subsequent revegetation and /or maintenance activities within the Natural Open Space areas shall be limited to those activities, as prescribed in the HCP, Appendix J of the EIR. Terms and conditions of the Final HCP as approved by the U.S. Fish and Wildlife Service shall regulate NOS usage. 17.74.060 Public Institutional Development Regulations It is the intent of this section to provide standards to direct the development of Public Institutional Uses within the Specific Plan No. 2 property, consistent with the Specific Plan land use plan designation for the school and park sites. A. Public /Institutional Permitted Uses For the purposes of this Specific Plan, all uses permitted in the Specific Plan No. 2 Public Institutional Zone, are as specified in Tables 17.20.050 and 17.20.060 of Title 17 for the Institutional Zone. A public elementary and secondary school are permitted uses in the Specific Plan No. 2 Public Institutional Zone that do not require a permit from the City, because such uses are exempt from the City's zoning regulations. B. Public /Institutional Site Development Standards The following standards shall apply to private development only, and shall not be M:\ JLibiez \M \SP2 \1774sp2zngreg.doc applicable to a public school or a public park within the Specific Plan No. 2 area: 1. Landscape coverage Landscape coverage shall be a minimum of ten (10) percent of the overall lot area and a minimum of ten (10) percent of any parking lot; pursuant to Title 17, Section 17.32.100 of the Moorpark Municipal Code. 2. Minimum setbacks a. From arterial roadways: (1) Front- thirty (30) feet (2) Side-ten (10) feet. b. Minimum setbacks from collectors and residential streets (1) Front- twenty (20) feet (2) Side- ten (10) feet C. From residential zones - fifteen (15) feet. 3. Maximum structure height Maximum structure height shall be thirty -five (35) feet or forty -five (45) feet with Planning Commission or City Council Conditional Use Permit approval. 4. Fences and walls Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for a Conditional Use Permit. 000034 Chapter 17.74 Moorpark Highlands Specific Plan Page 12 D. Hillside Management. All Specific Plan No. 2 development projects within hillside areas, as defined in Chapter 17.38 of Title 17 of the City Municipal Code, shall comply with all of the procedures, standards, and findings contained in Chapter 17. 38, unless the City Council determines that certain procedures, standards, and findings are not applicable to Specific Plan No. 2 development projects, consistent with the exemptions provisions contained in Section 17.38.030 of Chapter 17.38. 0000-G M:\ JLibiez \M \SP2 \1774sp2zngreg.doc