Loading...
HomeMy WebLinkAboutAGENDA REPORT 2002 0918 CC REG ITEM 09DMOORPARK CITY COUNCIL AGENDA REPORT ITEM q' 1)' CITY OF 7�100RPARK, CALIFOILNIA City Council Meeting TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direct Prepared By: Scott Wolfe, Principal Planner V, DATE: September 5, 2002 (CC Meeting of 9/18/02) SUBJECT: Consider Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -01 to Modify the Conditions of Approval Pertaining to Drainage Matters. (APN 512 -0- 131 -070) Applicant: TR Partners, LLC SUMMARY The City Council, on December 1, 1999, adopted Resolution No. 99- 1681, approving Tentative Tract Map No. 5181 and Residential Planned Development Permit (RPD) No. 99 -01. This Resolution included conditions of approval which the project applicant feels are excessive and inapplicable to a project of this scope and size. The applicant is requesting that the City Council delete two (2) conditions and amend another condition to bring the development requirements more in line with a project of this scope and size. BACKGROUND On July 12, 1999, the Planning Commission considered the request for approval of Tentative Tract Map No. 5181 and Residential Planned Development (RPD) No. 99 -01 by Manuel Asadurian. This small, 8 -lot in -fill project consists of construction of eight (8) single- family, detached homes within an existing neighborhood, adjacent to Flory Elementary School. During the Planning Commission meeting, staff raised the issue that certain conditions were erroneously included in the Planning Commission draft Resolution and that they would be removed or appropriately amended, prior to the final Resolution being presented for approval. The applicant was satisfied with this notation and testimony continued which focused on other matters. CC11z_;0G"I Honorable City Council September 18, 2002 Page No. 2 On December 1, 1999, the City Council concluded its public hearing on this project, approving the Tentative Tract Map and the RPD permit, subject to the conditions included in Resolution 99 -1681. However, the conditions, which were supposed to be removed as part of the Planning Commission action, were still included in the Council Resolution. These conditions remained unnoticed until the property was sold to the current applicant (TR Partners, Inc.), who noted the extreme expense of complying with these conditions, as well as, the apparent inapplicability of the conditions to this project. The applicant requested relief from these conditions through the Minor Modification process. DISCUSSION In analyzing the applicant's request, staff reviewed the video tape and found that the comments removing and amending the conditions in question were in fact made by Mr. Loftus, the then Community Development Director. Staff then reviewed the video tapes of each of the subsequent meetings of both the Planning Commission and the City Council to ensure that any further discussion of these items was consistent with the position of the applicant. No further discussion of these items, which had been marked for removal or amendment, took place at these hearings. The applicant's request identifies three (3) conditions which were to have been removed, prior to the final draft Resolution being forwarded to the Planning Commission. These are Condition numbers 25, 28(N), and 29. Condition number 25 reads: All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to an appropriate existing flood control channel. The applicant requests that this condition be deleted. This condition was identified to be removed at the first Planning Commission hearing because the project is a small, 8 -lot, infill Tract with no adjacent storm drain facilities. Adherence to this condition would require a significant expenditure to construct storm drain facilities between the subject site and the nearest available storm drain facility at Los Angeles Avenue. The cost of this improvement would render the project economically infeasible. S: \Community Development \M MOD \t5181,RPD 99 -1 Minor Mod 1 (TR PARTNERS) \CC Staff Report.doc �C ,(`i A p .; " C... ., �,;' O 'er O Honorable City Council September 18, 2002 Page No. 3 Condition number 28(N) reads: A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The developer shall make any downstream improvements, required by the Ventura County Flood Control and the City of Moorpark, to support the proposed development. The applicant contests this condition because again, the condition would make the project infeasible. Downstream improvements may indeed be necessary to accommodate increased flows, to which this development would be a contributor; but the condition places the entire burden of any improvements on the developer, rather than simply requiring the contribution toward the improvements on a pro - rata share basis. The condition was identified as an item in need of amendment, to reflect the requirement of an obligation to contribute to the improvements on a pro -rata share basis, at the first Planning Commission meeting. Condition number 29 reads: The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. The applicant requests that this item be deleted because compliance would be prohibitively expensive. With no existing storm drain facilities on or near this site (which has been graded flat and must drain to the streets), this condition cannot reasonably be implemented. Additionally, recent changes in NPDES guidance highly discourage the use of curb coring (the alternative to meet the condition)for drainage in favor of surface drainage which allows flows to be filtered through grass or some other bio- filtration medium and then over sidewalks and driveways to the street. Staff has reviewed the applicant's request, investigated the claims regarding the indication that the conditions should be removed or amended, and re- evaluated the conditions in light of existing conditions. The Community Development Department and the City Engineer concur that the conditions are not necessary or appropriate as currently written, and that deletion of Condition numbers 25 and 29 and the amendment of Condition number 28(N) to reflect an obligation to contribute a pro -rata share toward required improvements is appropriate. S: \Community Development \M MOD \t5181,RPD 99 -1 Minor Mod 1 (TR PARTNERS) \CC Staff Report.doc C. y A 1 ' , f? ,f k (- , u .r O as w.-)'7 Honorable City Council September 18, 2002 Page No. 4 The attached draft Resolution makes the following changes to the conditions of approval of Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -01: Condition number 25 is deleted. Condition number 28(N) is amended to read: A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The developer shall pay a pro -rata share, prior to the approval of the final map, for make any ,.,eiv- 9 - a improvements,- required by the Ventura County Flood Control and the City of Moorpark,- to support the proposed development. Condition number 29 is deleted. With the above amendments, the remaining conditions of approval are unchanged. ENVIRONMENTAL DETERMINATION This project has been determined to be exempt from CEQA as a Class 5 Exemption (Minor Changes in Land Use Limitations). STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. 2002- approving Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -01. Attachments: 1. Excerpts from City Council Resolution No. 1999 -1681. 2. Draft Resolution No. 2002- amending Resolution No. 1999 -1681 Conditions of Approval. S: \Community Development \M MOD \t5181,RPD 99 -1 Minor Mod 1 (TR PARTNERS) \CC Staff Report.doc Resolution No. 99 -1681 Page No. 13 conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 23. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soil engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 24. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 25. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to an appropriate existing flood control channel. Geotechnical /Geology Review 26. The Developer shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 27. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soil engineer's recommendations. Prior to the commencement of grading plan CC ATTACHMENT 1 Resolution No. 99 -1681 Page No. 14 check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soil report(s). Storm Water Runoff and Flood Control Planning: 28. The Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of.the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways; g. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction; Resolution No. 99 -1681 Page No. 15 h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain system shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. The hydrology study shall determine the development's pro -rata share of the cost to construct Fremont Drain Resolution No. 99 -1681 Page No. 16 (total cost estimate $428,000) based on City of Moorpark Master Plan of Drainage (April 1995). The cost estimate shall be adjusted based on the latest Quarterly State Highway Bid Price Index Chart from Engineering News - Record, The Construction Weekly Magazine. 29. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 30. The Developer shall demonstrate for each building pad within the development area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 31. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year r -F flood level. 32. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. National Pollutant Discharqe Elimination System ( NPDES) 33. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 OF TENTATIVE TRACT MAP NO. 5181 AND RESIDENTIAL PLANNED DEVELOPMENT NO. 99- 01 TO DELETE CONDITION NUMBERS 25 AND 29, AND TO AMEND CONDITION NO. 28(N) FOR A 1.2 ACRE SITE, LOCATED AT 284 BARD STREET, ON THE APPLICATION OF TR PARTNERS, LLC (ASSESSOR PARCEL NO. 512- 0 -131- 070) WHEREAS, at a duly noticed Public Hearing on September 18, 2002, the City Council considered Minor Modification No. 1 to Tentative Tract Map (TTM) No. 5181 and Residential Planned Development (RPD) No. 99 -01 to delete Condition numbers 25 and 29, and to amend Condition No. 28(N) for a 1.2 acre site, located at 284 Bard Street, on the application of TR Partners, LLC (Assessor Parcel No. 512 -0- 131 -070); and WHEREAS, at its meeting of September 18, 2002, the City Council conducted a public hearing, and after receiving public testimony closed the public hearing; and WHEREAS, on September 18, 2002, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony received, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council makes the following findings: A. The request is consistent with the intent and provisions of the City's General Plan, any applicable Specific Plan and applicable titles of the Moorpark Municipal Code. B. The request is compatible with the character of surrounding development because the changes proposed enable the subject project to reflect conditions similar to the surrounding neighborhood. CC ATTACHMENT 2 Resolution No. 2002- Page 2 C. The proposal would not be obnoxious or harmful or impair the utility of neighboring property or uses because the proposed alterations to the existing use are consistent with the development standards, including setbacks, of the Municipal Code. 4. The proposal would not be detrimental to the public interest, health, safety, convenience or welfare, because the proposed action results in no changes which would cause or worsen hazards or other adverse conditions. SECTION 2. That the City Council adopts the following California Environmental Quality Act (CEQA) findings: A. That the project is exempt from the provisions of the California Environmental Quality Act as a Class 5 exemption. SECTION 3. That the City Council hereby approves Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development (RPD) No. 99 -01 for a change in conditions of approval as follows: A. Condition number 25 is deleted. B. Condition number 28(N) is amended to read: A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The developer shall pay a pro -rata share, prior to the approval of the final map, for any improvements required by the Ventura County Flood Control and the City of Moorpark, to support the proposed development. C. Condition number 29 is deleted. 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 original resolutions. Ct ,-•' * 1- 1 i, 7 Resolution No. 2002 - Page 3 PASSED AND ADOPTED this 18th day of September 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk f- , ; C °� -: