HomeMy WebLinkAboutRES CC 2019 3793 2019 0306 RESOLUTION NO. 2019- 3793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL
PLANNED DEVELOPMENT (RPD) PERMIT NO. 2013-01
FOR THE DEVELOPMENT OF A 390-UNIT SENIOR
COMMUNITY ON 49.52 ACRES NORTH OF CASEY ROAD
AND WEST OF WALNUT CANYON ROAD, ON THE
APPLICATION OF ERNIE MANSI FOR ALDERSGATE
INVESTMENT, LLC.
WHEREAS, on September 3, 2013, applications for General Plan Amendment
No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No.
2013-01, and Development Agreement No. 2013-01 were filed by Ernie Mansi for
Aldersgate Investment, LLC, for property owned by Grand Pacific Asset 2 LLC, for a
proposed development for a 390-Unit Senior Community on 49.52 Acres North of Casey
Road and West Of Walnut Canyon Road; and
WHEREAS, on November 27, 2018, the Planning Commission adopted
Resolution No. PC-2018-634, recommending that the City Council adopt a Mitigated
Negative Declaration and approve General Plan Amendment No. 2013-02, to amend
the General Plan land-use designation from Medium Residential (M) and Rural Low
Residential (RL) to VH — Very High Density Residential, on 49.52 Acres North of Casey
Road and West Of Walnut Canyon Road, on the application of Ernie Mansi for
Aldersgate Investment, LLC.; and
WHEREAS, at a duly noticed public hearing on January 16, 2019, February 6,
2019, and March 6, 2019, the City Council considered the agenda report for Residential
Planned Development No. 2013-01 and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, and considered the proposed
Mitigated Negative Declaration prepared for the project referenced above together with
any comments received during the public review process and determined that, with the
incorporation of changes to the project or conditions of approval to mitigate potentially
significant impacts with respect to biological resource and transportation/traffic, 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 and the mitigation measures have been incorporated into this
resolution.
WHEREAS, on March 6, 2019, the City Council adopted Resolution No. 2019-
3792, adopting a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and approving General Plan Amendment No. 2013-02, and
introduced Ordinance No. 468, approving Zone Change No. 2013-02, for the project
referenced above.
Resolution No. 2019-3793
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040:
A. The site design, including structure, 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 the site design is
consistent with the better aspects of modern development practice, with siting
and landscaping combining with building massing to prevent any external
impacts, and with well-ordered architectural design to ensure a high-quality
environment for residents, employees, and visitors.
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 adequate
provision of public access, sanitary services, and emergency services have
been ensured in the processing of this request and the use proposed is
similar to adjacent uses, and access to or utility of those adjacent uses are
not hindered by this project.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the siting of the project uses slopes and landscaped
setbacks to isolate it from neighboring properties visually. As a denser, but
less-intense category of residential use, it would not tend to create
disturbances regardless of the physical context.
SECTION 3. CITY COUNCIL APPROVAL: The City Council approves:
A. Residential Planned Development Permit No. 2013-01, subject to the
Standard and Special Conditions of Approval included in Exhibit A,
attached hereto and incorporated herein by reference.
SECTION 4. The effective date of the approval of Residential Planned
Development Permit No. 2013-01 shall be concurrent with the effective date of the
Ordinance for Zone Change No. 2013-02 and the Ordinance for Development
Agreement No. 2013-01, whichever occurs last.
Resolution No. 2019-3793
Page 3
SECTION 5. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of March, 2019.
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Exhibit A — Standard and Special Conditions of Approval for Residential Planned
Development Permit No. 2013-01
Resolution No. 2019-3793
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2013-01
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 2013-01
1. This planned development permit will expire two (2) years from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use
inauguration of the development permit, if there have been no changes in the
adjacent areas and if the applicant can document that he/she has diligently
worked towards use inauguration during the initial period of time. The request
for extension of this planned development permit shall be made in writing, at
least thirty (30) days prior to the expiration date of the permit and shall be
accompanied by applicable entitlement processing deposits.
2. A development phasing plan shall be provided for Community Development
Director approval prior to issuance of a Zoning Clearance for grading.
3. Contour grading shall be employed on the slopes for the North Hills Parkway to
the extent feasible as determined by the City Engineer/Public Works Director.
4. Prior to issuance of a zoning clearance for the first building permit, a parcel
map, or other lot merger instrument as allowed by the Subdivision Map Act and
Moorpark Municipal Code, merging the existing lots or parcels on the property
into one lot shall be submitted by the property owner, approved by the City, and
recorded by the County Recorder. All buildings and future phases or parcels
for this residential planned development project shall be maintained as one
comprehensive senior housing community, and subject to the same planned
development permit requirements, regardless of whether another entity owns
and operates a specific portion of the senior housing units.
5. A total of 328 parking spaces are required. The deficit of 10 parking spaces
must be corrected to provide the required parking spaces, which may be
distributed throughout the onsite parking areas, creating a fully conforming
parking condition. A revised parking plan is required to be submitted, and
Resolution No. 2019-3793
Page 5
approved by the Community Development Director, prior to issuance of a
Zoning Clearance for grading.
6. Landscaping must be consistent with the City's Landscape Guidelines,
ensuring plant species are capable of effective screening where appropriate,
and suitable to the demands of slope conditions and growth rates. A
landscaping and irrigation plan, subject to the review and approval of the Parks,
Recreation, and Community Services Director and Community Development
Director must be submitted prior to issuance of a Zoning Clearance for grading.
7. A fence/wall plan is required to be submitted prior to issuance of a Zoning
Clearance for grading. Location, design, material and height of all fences and
walls shall be approved by the Community Development Director. Architectural
enhancements, such as window reveals and plant-ons are required on all side
and rear elevations subject to the approval of the Community Development
Director.
8. There shall be no storage of recreational vehicles of any type on any lot,
driveway, or street within the development. This requirement shall be reflected
on the Homeowner's Association (HOA) Covenants, Conditions, and
Restrictions (CCR's).
9. There shall be no parking on the main driveway. "No Stopping at Any Time"
signs shall be installed or curbs painted red at the sole cost of the applicant to
the satisfaction of the Ventura County Fire Prevention District and the City
Engineer/Public Works Director.
10. Front yards of the residential villas shall be shall be landscaped, irrigated, and
maintained by the Facility Operator, Homeowner's Association, or other
appropriate entity.
11. All remainder areas not designated for resident use or vehicular maneuvering
shall be landscaped, irrigated, and maintained by the Facility Operator,
Homeowner's Association, or other appropriate entity as common area subject
to the review and approval of the Community Development Director.
12. 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.
13. Painted and decorative sectional roll up garage doors, including garage window
glazing, compatible with the architectural style of each villa are required.
14. Durable materials are required for trim on the ground floor levels of the homes,
such as wood window trim, or '/" minimum cementous stucco coat over foam.
Resolution No. 2019-3793
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15. 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.
16. Any gates to control vehicle access are to be located to allow a vehicle waiting
for entrance to be completely off the intersecting roadway. A minimum clear
open width of fifteen (15') feet in each direction shall be provided for separate
entry/exit gates and a minimum twenty (20) for combined entry/exit gates. If
gates are to be locked, a Knox system shall be installed. The method of gate
control, including operation during power failure, shall be subject to review by
the Fire Prevention Division. Gate plan details shall be submitted to the Fire
District for approval prior to installation. A final acceptance inspection by the
Fire District is required prior to placing any gate into service. Signage is
required for the gate at the western end of the Project site that it is only to be
used for emergency exiting to the satisfaction of the Fire Department and City
Engineer/Public Works Director.
17. LED street lights shall be used within the Project, to be owned and maintained
by the Facility Operator or 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.
18. 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.
19. Consistent with the Development Agreement No. 2013-01 (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 Agreement, to apply to the City
Manager for modifications to the product mix for the Project (i.e., to reasonably
vary the number of Senior Villas, Independent Living Apartments and Assisted
Living and Memory Care Apartments, as well as the mix of Studio, 1, and 2
bedroom unit mix), and the City Manager shall have the authority to approve
such modifications administratively provided that they do not cause the
maximum development density of the Project to exceed 390 units and such
modifications do not exceed 15% of any one unit/product type (Villas,
Independent Living Apartments, Assisted Living and Memory Care Apartments,
and 1, and 2 bedroom units). Modification of unit/product types of more than
15% shall require City Council approval.
20. Prior to issuance of the first building permit for a residential unit in the Project,
Developer shall at its sole cost irrevocably offer to the City all rights of way,
permanent easements and construction easements on the north side of Casey
Road necessary for construction of the Project's improvements to Casey Road
for an ultimate 76-foot wide public right-of-way from Walnut Canyon Road to
the westerly Project boundary (the "Casey Road Improvements"), including a
Resolution No. 2019-3793
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Caltrans-compliant curve radius at the northwest intersection of Casey Road
and Walnut Canyon Road, 8-foot wide sidewalks on both sides of Casey Road,
an 8-foot wide bike lane on the north side of Casey Road, two 12' foot wide
travel lanes, 14' wide parking/bike lane on the south side of Casey Road, and a
14-foot wide left turn median, with the design subject to review and approval by
the City Engineer/Public Works Director and Caltrans. Developer shall also
have prepared improvement plans for the Casey Road Improvements that are
consistent with the City's and Caltrans requirements as determined by the City
Engineer/Public Works Director, and finalize plans for the Casey Road
Improvements so plans are submitted to Caltrans prior to issuance of the first
building permit for a residential unit in the Project. Developer shall obtain a
Caltrans encroachment permit for the construction of the Casey Road
Improvements and complete construction of the Casey Road Improvements to
the satisfaction of the City Engineer/Public Works Director prior to issuance of
the first certificate of occupancy for a residential unit in the Project. Upon
receipt of a written request from Developer, City may construct all or part of the
Casey Road Improvements and Developer shall reimburse City for all actual
and reasonable costs thereof, including but not limited to construction, permits,
contract administration, design, inspection, utility relocation and all other
Caltrans requirements.
21. The replacement trees to be planted on the site (approximately 1,200 trees)
shall have a value equal to, or greater than, the appraised value of $72,231.64
for the removed trees, as identified in the Oak Tree Report (Tree Life Concern
Inc. (TLC), January 31, 2014). The replacement trees shall include no less
than two 24"-box Quercus agrifolia, four 24" box Black Walnut, and ten
sycamore trees.
A five-year maintenance plan for the mitigation trees shall be required,
consistent with the City's Tree Protection Ordinance. Trees and their irrigation
system shall be monitored at quarterly intervals for the first two years and
biennially for the next three years. A Letter of Compliance shall be submitted by
the Project Arborist to the Community Development Department at the end of
each time period describing the condition of each tree and recording their
chances for long-term survival. The applicant shall be responsible for
monitoring and maintaining the mitigation trees for the five-year period and no
longer. The proposed landscape plan must specify that mitigation trees are
properly installed, staked/guyed and watered to help ensure their survival. An
irrigation system designed for newly planted trees is mandatory for successful
tree establishment. Drip-system irrigation is ideal for managing water
distribution near newly planted trees. (TLC report #3)
Protective fencing shall be installed around or along all trees listed to remain
(see Tree Location Map for fence placement recommendations). Place
protective fencing at the Protective Zone (PZ) or as shown on the Tree Location
Map. Orange construction fencing is sufficient and its position must be
Resolution No. 2019-3793
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approved by the Project Arborist, who must be present during the fence
placement or repositioning.
An Oak Tree Information Packet including the City's Tree Protection Municipal
Code and the Oak Tree Report must be available during on-site construction.
The applicant and contractor should be familiar with the contents of these
documents.
No oaks outside the property line are to be impacted by this Project during
construction.
The information tags numbering each oak on this site shall not be removed.
No construction materials are to be stored or discarded within the PZ of any
oak tree. Rinse water, concrete residue, liquid contaminates (paint, thinners,
gasoline, oils, etc.) of any type shall not be deposited in any form at the base of
an oak tree.
22. 10.82 acres of VCSS habitat shall be created and enhanced as shown in Figure
6 of the Coastal California Gnatcatcher Focused Survey (BioResource
Consultants Inc., July 23, 2015, updated June 1, 2018). Mitigation plantings
may not be removed or modified without prior City approval. Prior to issuance
of a grading permit, a conservation easement shall be recorded over the
restoration area, subject to City Manager and City Attorney final language
approval.
23. To offset impacts to U.S. and State Wetland and Waters, onsite mitigation is
required to be implemented in the southern portion of the proposed Project
(Appendix E, Impact and Mitigation Map of the Jurisdictional Wetlands and
Waters Delineation Report, Prepared by BioResource Consultants, Inc.). The
required mitigation/restoration will result in the creation of 1.24 acres of
emergent wetlands, an ephemeral drainage, and associated Arroyo Willow and
Mulefat Thicket riparian habitat similar to the pre-construction conditions in the
northern reach of the drainage to compensate for the impact to 1.022 acres of
jurisdictional area. Mitigation plantings may not be removed or modified
without prior City approval. Prior to issuance of a grading permit, a conservation
easement shall be recorded over the restoration area, subject to City Manager
and City Attorney final language approval.
24. The City has established traffic mitigation fee programs for purposes of funding
traffic improvements as needed to maintain Level of Service C operating
conditions on the local street system. The Citywide Traffic Mitigation Fee and
Los Angeles Avenue Area of Contribution Fee Programs apply to this Project.
The City has identified and programmed construction of improvements to be
funded by these mitigation fees, consisting of the addition of through lanes at
the intersections of Los Angeles Avenue/Moorpark Avenue and Los Angeles
Avenue/Spring Road that will mitigate cumulative traffic impacts. Improvements
Resolution No. 2019-3793
Page 9
have also been identified at the intersection of Walnut Canyon Road/Casey
Road to be funded by these mitigation fees, consisting of adding additional
phases to the existing traffic signal that will mitigate cumulative traffic impacts.
Prior to issuance of zoning clearance for first building permit, the applicant shall
pay the City Traffic Mitigation fee to mitigate cumulative traffic impacts as
determined by the Community Development Director and City Engineer/Public
Works Director.
Prior to issuance of zoning clearance for first building permit, the applicant shall
pay the Los Angeles Avenue Area of Contribution Fee to mitigate cumulative
traffic impacts as determined by the Community Development Director and City
Engineer/Public Works Director.
Prior to issuance of zoning clearance for first building permit, the applicant shall
submit a driveway plan for review and approval by the Community
Development Director and City Engineer/Public Works Director.
25. Prior to issuance of a zoning clearance for first building permit, the applicant
shall record an age restriction covenant on the property, restricting the age of
all residents to age 55 and above.
26. Prior to the issuance of a zoning clearance for grading permit, the applicant
shall provide a flood control easement with a minimum width of 20 feet (east-
west) at the southeasterly corner of the property, tapering northeasterly to join
the Ventura County Watershed Protection District's existing easement per 3982
OR 862 along Walnut Canyon for the purposes of channel maintenance and
future channel expansion on the final engineering and drainage plans.
27. Prior to the issuance of a zoning clearance for grading permit, applicant must
demonstrate that the Project's future 100-year outflow will be less than or equal
to the existing 100-year outflow of Walnut Creek on final engineering and
drainage plans.
28. Prior to the issuance of a zoning clearance for grading permit, compliance with
Ventura County Watershed Protection District criteria is required to the extent
that the development impacts Walnut Creek. Preliminary drainage studies
should address the following District requirements:
a. Any proposed future lateral connections to the red line channel system
should conform to the District's standard for peak attenuation that the
runoff after development shall not exceed runoff before development for
any frequency of event.
b. Any activity in, on, over, under or across any jurisdictional red line channel
will require a permit from the Ventura County Watershed Protection
District. The requirements for a District Encroachment Permit can be
found on the District's website at www.vcwatershed.org or by calling (805)
654-4060.
Resolution No. 2019-3793
Page 10
c. All technical materials submitted in connection with a District
Encroachment Permit application must be prepared, signed, and stamped
by a California licensed civil engineer or other appropriate professional.
29. Prior to the issuance of zoning clearance for grading permit, to further ensure
that there will be long term facility maintenance and repair accessibility, there
should not be any structures, including tree planting, placed in the District
easement. Non-structural surface improvements such as parking areas,
driveways, walkways or planting may be allowed with conditions under a
District Encroachment Permit.
30. Prior to the issuance of zoning clearance for grading permit, the Applicant will
be required to provide for the long-term maintenance of any lateral connection
to Walnut Creek by including appropriate provisions in a deed restriction or
similar instrument, subject to approval by the District, recorded prior to zoning
clearance for use inauguration or issuance of a letter of completion for the
District Encroachment Permit.
31. Prior to issuance of zoning clearance for plan check, an emergency generator
or back-up power system for the institutional buildings shall be shown on the
plans, subject to the review and approval of the Community Development
Director. Such system shall be installed and operational prior to occupancy.
32. Solar panels or comparable energy efficiency techniques shall be provided for
all buildings, and electric vehicle charging stations shall be provided in parking
areas, subject to the review and approval of the Community Development
Director. Applicant shall provide documentation of all energy efficiency
measures prior to issuance of Certificate of Occupancy.
33. Prior to issuance of a Zoning Clearance for a grading permit, a paleontological
mitigation plan outlining procedures for paleontological data recovery must be
prepared and submitted to the Community Development Director for review and
approval. The development and implementation of this Plan must include
consultations with the applicant's engineering geologist as well as a
requirement that the curation of all specimens recovered under any scenario
will be through a qualified institution selected by the City of Moorpark. All
specimens become the property of the City of Moorpark unless the City
chooses otherwise. If the City accepts ownership, the curation location may be
revised. The monitoring and data recovery should include periodic inspections
of excavations to recover exposed fossil materials. The cost of this data
recovery is limited to the discovery of a reasonable sample of available
material. The interpretation of reasonableness rests with the Community
Development Director.
- END -
Resolution No. 2019-3793
Page 11
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah Traffenstedt, Assistant City Manager/City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury that the foregoing
Resolution No. 2019-3793 was adopted by the City Council of the City of Moorpark at a
regular meeting held on the 6th day of March, 2019, and that the same was adopted by
the following vote:
AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 2nd day of May, 2019.
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Deborah Traffenste•t,
Assistant City Manager/City Clerk
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