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HomeMy WebLinkAboutAG RPTS 2018 0828 PC REG FPaK CA(/ a v', _AV* ....,...s o`�i► '� m Resolution No. 2018-630 4`rED ,�yy PLANNING COMMISSION REGULAR MEETING AGENDA AUGUST 28, 2018 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-630) A. Consider Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2018-01 to subdivide a 1.62 acre lot into four parcels at 78 Wicks Road and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Robert Inthout. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Tentative Parcel Map No. 2018-01. (Staff: Joseph Fiss) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda August 28, 2018 Page 2 B. Consider a Resolution Recommending Approval to the City Council of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development 2004-05 for 21 Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development 2004-05. (Staff: Joseph Fiss) C. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2018-04, an Amendment to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses), of the Moorpark Municipal Code Addressing Temporary Filming, and Recommending Approval of New Rules and Regulations for Temporary Filming, and Determining That This Action Is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2018- recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-04 and recommending approval of the Rules and Regulations for Temporary Filming. (Staff: Joseph Fiss and Brian Chong) 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of July 24, 2018. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: Posted: August 24, 2018. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, August 28, 2018, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 24, 2018, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 24, 2018. J yce R. Figueroa, Administrative Assistant II PQ A* CA o i ,Win AIM; 641% 1117A 4*! NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider a Resolution Recommending Approval to the City Council of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development 2004-05 for 21 Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. was held at a regular meeting on August 28, 2018, at which time the Planning Commission continued the open public hearing to a Regular Planning Commission meeting to be held at 7:00 p.m. on November 27, 2018, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Posted: August 29, 2018. J yd�c� A :; i r .. R. Figuerda, Administrative Assistant II STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Joyce R. Figueroa, declare as follows: That I am the Secretary to the Planning Commission of the City of Moorpark and that a Notice of Continuance of Open Public Hearing regarding: Consider a Resolution Recommending Approval to the City Council of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development 2004-05 for 21 Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. continued from August 28, 2018, to November 27, 2018, was posted on August 29, 2018, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on August 29, 2018. Jo ce R. Figueroa, Administrative Assistant II ITEM: 8.A. MOORPARK,CALIFORNIA Planning Commission of 8 -28 01f ACTION:Apprwurk,S+n E (r"arnnwwrriatinn, I nrThcii AN:Jinn of M i itinn N ..PC-261R--63D. BY: , . rrn MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission , FROM: Joseph Fiss, Planning Manager DATE: August 28, 2018 SUBJECT: Consider Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2018-01 to subdivide a 1.62 acre lot into four parcels at 78 Wicks Road and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Robert Inthout BACKGROUND On April 3, 2018 Robert Inthout submitted a Parcel Map application to subdivide a 1.62 acre lot into four parcels with a remainder lot at 78 Wicks Road. A parcel map requires a public hearing before the Planning Commission with a recommendation to the City Council. The City Council is the final decision maker. DISCUSSION Project Setting Existing Site Conditions: The site is located on the south side of Wicks Road, approximately 500 feet east of Walnut Canyon Road. There is a single family home with a detached garage on the lot, with the address of 78 Wicks Road. Two homes south of the lot take access from Wicks Road via an easement east of the house. The remainder of the lot is fenced, but otherwise unimproved. Native and non-native brush and trees are scattered throughout the lot. The eastern portion of the lot includes a 63-foot deep gully which collects water from Wicks Road and transports it through a pipe to the storm drain on Everett Street. There is no sidewalk, curb, or gutter along the Wicks Road frontage. \\DC1\Department Share\Community Development\DEV PMTS\T P M\2018\TPM 2018-01 78 Wicks Road\PC Agenda Report 180828 docx 1 Honorable Planning Commission August 28, 2018 Page 2 Previous Applications: On December 17, 2003 the City Council approved Vesting Tentative Tract Map No.5130 and Residential Planned Development Permit No. 1998-02 for development of 110 homes on approximately 72 acres, on the east side of Walnut Canyon Road, north of Wicks Road. As a condition of development, this project was required to improve Wicks Road to a 20-foot width and install a 5-foot wide sidewalk on the south side of the street. Although this entitlement was renewed in 2015, it is unknown when this project will be built, and therefore it would be inappropriate to defer any improvements which would normally be required concurrently with this Parcel Map application. GENERAL PLAN/ZONING Direction General Plan I Zoning Land Use Medium Density Site Single Family Residential (R-1) Single Family Home Residential (M) High ensit North Ruralidential Rural Exclusive (RE — 1AC) Single Family Home ResDy(RH) Medium Density Single Family Residential (R-1) Residential (M) Single Family Home South and Residential Planned and High Density and Vacant Property Development (RPD) Residential (H) Rural High Density East Rural Exclusive (RE — 1AC) Single Family Home Residential (RH) Rural High Density West Rural Exclusive Residential (RH) (RE — 1AC) Single Family Home Project Summary Tentative Parcel Map No. 2018-01 is proposed to subdivide an approximately 1.62 acre lot into four parcels with a remainder lot. Normally, a parcel map can only be used to create 4 or fewer lots. However, the California Subdivision Map Act allows for creation of an additional lot, when that lot will be considered a "remainder" lot. This option is often used when the remainder lot is already developed, or when the remainder lot will remain as undeveloped open space. This is discussed further in the Analysis section below. ANALYSIS As mentioned above, the applicant is proposing to subdivide the lot into four parcels with a remainder lot. Parcel maps with remainder lots are highly unusual, therefore staff has inquired with the City Attorney regarding staffs ability to require typical improvements. The discussion below is as a result of three key questions, as follows: 2 Honorable Planning Commission August 28, 2018 Page 3 1. In connection with a parcel map application, can the City staff ask the applicant to explain its development plans for a remainder parcel? 2. Can the City require improvements on a remainder parcel? 3. Can the City deny a parcel map application based on the existence of, or the future development plans for, the remainder parcel? The following is a summary of the City Attorney's opinion and staffs response: 1. A remainder parcel is an area designated on a subdivision map either identified as a remainder parcel or omitted entirely from the map, and not divided for the purpose of sale, lease, or finance. If the applicant intends to sell, lease, or finance a remainder parcel for development at the time of the subdivision or in the future, then the property would not qualify as a remainder parcel and must be included in the tentative or parcel map. The City has inquired into the applicant's intent in order to ascertain whether development of the remainder parcel will occur now or in the future and the applicant has indicated that there is no plan to develop the remainder parcel due to its topography. 2. Where property has been designated as a remainder parcel, the City may not require the construction of required improvements "until a permit or other grant of approval for development of the remainder parcel is issued by the [City]." However, this prohibition is subject to two exceptions: (1) the improvements are necessary for reasons of public health and safety; or (2) the improvements are required for the orderly development of the surrounding area. Staff has carefully evaluated the map and the potential for impacts on Wicks Road. In this case, staff feels strongly that full width street improvements along the entire frontage of the property are necessary for reasons of public health and safety and are required for the orderly development of the surrounding area. 3. The City cannot deny a map simply because a remainder parcel is designated on or omitted from a map because the Subdivision Map Act, Government Code Section 66410 et seq. ("Map Act"), expressly authorizes a remainder parcel, unless the applicant expresses interest in selling, leasing, or financing (i.e., developing) the parcel. Furthermore, the findings required to approve a tentative map or parcel map do not allow the City to simply deny a map based on the existence of a remainder parcel. However, the City may deny a map if a remainder parcel is intended for sale, lease, or finance at the time of the subdivision or in the future. In that case, the land does not qualify as a remainder parcel and selling, leasing, or financing it in the future would violate the Map Act. 3 Honorable Planning Commission August 28, 2018 Page 4 As mentioned above the applicant has indicated that there is no plan to develop the remainder parcel due to its topography. If the parcel map were approved as proposed, the City would require a conditional certificate of compliance if the remainder parcel were ever sold. A conditional certificate of compliance would require a buyer and/or Applicant to strictly comply with the Map Act and City regulations before the property could be developed. The expense to bring such an encumbered lot into full compliance could render the lot unbuildable and become a long term maintenance problem for a future owner or the City. The creation of this unconventional remainder creates a number of concerns for the future. This area currently serves as drainage basin for some of Wicks Road, and for the surrounding land. Drainage is currently carried through this gully, into a pipe, and out to the storm drain system on Everett Street. There is concern that, as a remainder lot, there could be a future lack of maintenance, causing negative impacts upon the lots below. Long term drainage and maintenance concerns are best handled by making the remainder portion a part of Parcel D so that a future resident will have responsibility for this land. As proposed, the required subdivision findings cannot be made, even though the Subdivision Map Act allows for the creation of remainder lots. By conditioning the elimination of the remainder parcel, the findings can be made and the parcel map approved. Findings The following draft findings are provided for Planning Commission consideration: Subdivision Findings: A. The proposed map, including its design and improvements, is consistent with the City's General Plan and Zoning Ordinance as proposed, in that the map has been designed to comply with the requirements of the City's General Plan in providing a new commercial parcel within existing commercial development and it meets Zoning standards for the Single Family (R-1) Zone. B. The site is physically suitable for the type of development proposed in that the site has been engineered to allow for all required utilities to be brought to the site, adequate ingress and egress exist, and the site is provided with public and emergency services. 4 Honorable Planning Commission August 28, 2018 Page 5 C. The site is physically suitable for the proposed intensity of development, in that all City development standards can be met by the proposed project as conditioned. D. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that, as conditioned, the lots can be designed to mitigate long term drainage and maintenance issues. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that, as conditioned, full off-site improvements will be provided along the entire project frontage, improving safety and drainage concerns. F. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Wicks Road exists. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: June 29, 2018 Planning Commission Action Deadline: September 26, 2018 City Council Action Deadline: 30 Days from Receipt of Planning Commission Report ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. 5 Honorable Planning Commission August 28, 2018 Page 6 Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has an existing building. No further environmental documentation is required. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on August 19, 2018. 2. Mailing. The notice of the public hearing was mailed on August 14, 2018, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square-foot sign was placed on the street frontage on August 15, 2018. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Tentative Parcel Map No. 2018-01 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Tentative Parcel Map 2018-01 4. Draft PC Resolution with Conditions of Approval 6 a 49 'J ) Q 03 '.3ao ,/3 N Lt ,p rJ 7) a ., 1- :a.il�ii Q.' .... iC l i0 ti,�f Dr - - 7i l t_ 4, h11.1 �. C _ o MI 0 E x a y I- CO Y (`y71 Q co 0 ca o N rri COc s w El Q a as 11 "- pco a 2 h m o a .a ,y a. 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PC-2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 2018-01 TO SUBDIVIDE A 1.62 ACRE LOT INTO FOUR PARCELS AT 78 WICKS ROAD AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF ROBERT INTHOUT WHEREAS, on April 3, 2018, an application for Tentative Parcel Map No. 2018- 01 was filed by Robert Inthout to subdivide a 1.62 acre lot into four parcels with a remainder lot at 78 Wicks Road; and WHEREAS, at a duly noticed public hearing on August 28, 2018 the Planning Commission considered Tentative Parcel Map No. 2018-01; and WHEREAS, at its meeting of August 28, 2018 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Community Development has reviewed this project and found it to be categorically exempt from environmental review under the provisions of the California Environmental Quality Act (CEQA) in accordance with Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has an existing building. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from environmental review under the provisions of the California Environmental Quality Act (CEQA) in accordance with Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has an existing building. PC ATTACHMENT 4 10 Resolution No. PC-2018- Page 2 SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map, including its design and improvements, is consistent with the City's General Plan and Zoning Ordinance as proposed, in that the map has been designed to comply with the requirements of the City's General Plan in providing a new commercial parcel within existing commercial development and it meets Zoning standards for the Single Family (R-1) Zone. B. The site is physically suitable for the type of development proposed in that the site has been engineered to allow for all required utilities to be brought to the site, adequate ingress and egress exist, and the site is provided with public and emergency services. C. The site is physically suitable for the proposed intensity of development, in that all City development standards can be met by the proposed project as conditioned. D. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that, as conditioned, the lots can be designed to mitigate long term drainage and maintenance issues. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that, as conditioned, full off-site improvements will be provided along the entire project frontage, improving safety and drainage concerns. F. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Wicks Road exists. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Tentative Parcel Map No. 2018-01 subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. 11DC1\Department SharekCommunity Developmen11DEV PMTS\T P M12018\TPM 2019-01 78 Wicks RoadkPC_Resa_180828 docx 11 Resolution No. PC-2018- Page 3 SECTION 4. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 28th day of August, 2018. Bruce Hamous, Chair David Bobardt, Community Development Director Exhibit A — Standard and Special Conditions of Approval \DC1\Department Share\Community DevelopmenADEV PMTS\T P Mt2018 1PM 2018-01 78 Wicks Road\PC_Reso_180828 docx 12 Resolution No. PC-2018- Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 2018-01 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. Prior to submittal of a Final Map for City Council approval, the remainder parcel shall be eliminated and this portion of the property incorporated into Parcel D, with final lot design subject to review and approval of the Community Development Director. 2. Prior to approval of any final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 3. Improvements along Wicks Road shall include conduit behind the sidewalk for future use for broadband to the satisfaction of the City Engineer/Public Works Director. 4. Wicks Road shall be improved to its ultimate width along its entire project frontage, and off-site to the east, connecting to the existing curb and gutter. Improvements shall include roadway, gutter, curb and sidewalk and undergrounding of utilities, all to City standards to the satisfaction of the City Engineer/Public Works Director. 5. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the access easement, subject to approval of the Community Development Director and City Engineer/Public Works Director. 6. Prior to recordation, the applicant shall provide a storm drain and drainage acceptance easement, running with the land, for the off-site improvements at the southwest corner of the adjacent lot to the east. Such easement shall be in a form subject to approval of the Community Development Director and City Engineer/Public Works Director. \\DC1 1 Department Share\Community Deveiopment1DEV PMTS\T P Ml20181TPM 2018-01 78 Wicks Road\PC_Reso_180828 docx 13 Resolution No, PC-2018- Page 5 7. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 8. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 9. The Final Map must include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 10. This subdivision expires two (2) years from the date of its approval. The Community Development Director with the City Engineer's concurrence may, at his/her discretion, grant up to one (1) additional one-year extension for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map must be made in writing, at least thirty calendar (30) days prior to the expiration date of the map and must be accompanied by applicable entitlement processing deposits. 11. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. 12. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 13. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought l DC1\Department Share\Community Development DEV PMTS T P M\2018\TPM 2018-01 78 Wicks Road PC_Reso_180828 docs 14 Resolution No. PC-2018- Page 6 within the time period provided by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 14. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 15. The development must be in substantial conformance with the plans presented in conjunction with the application for Tentative Parcel Map No. 2018-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 16. Prior to Final Map approval and recordation, provide drainage covenants from adjacent property subject to the satisfaction of the City Engineer. -End- \\DC1\Department Share\Community Development\DEV PMTS\T P M\20181TPM 2018-01 78 Wicks Road\PC_Reso_180828 docx 15 ITEM: 8.B. MOORPARK,CAUFORNIA Planning Commission of 28--2CIP ACTION:CArtir uvd It3►`i-f Pi hI r 4PnrirY� N�^tL (�� rmhv°r 27,2818 RP? hr 1 4 11 r r 'rs it . . r i h '21141. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission f,e FROM: Joseph Fiss, Planning Manager DATE: August 28, 2018 SUBJECT: Consider a Resolution Recommending to the City Council Re- Approval of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development (RPD) Permit No. 2004-05 for 21 Homes on Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC BACKGROUND On January 16, 2018, an application was submitted by Birdsall Group, LLC (Scott Birdsall) for Vesting Tentative Tract Map No. 5437 for 21 residential lots and 1 open space lot on approximately 42.4 acres on the east side of Walnut Canyon Road at Championship Drive. This map was previously approved on May 17, 2006 under Resolution 2006-2463 but has since expired. The applicant has resubmitted the exact same map, with the same map number, as was previously approved. The approval was in conjunction with a Residential Planned Development, Zone Change, General Plan Amendment, and Development Agreement. Due to market conditions and developer issues, development of this project was delayed. Development Agreement 2006-01 remains in effect until June 21, 2026 and Residential Planned Development 2004-05 (approving architecture) was renewed by a modification to the RPD on March 4, 2015, remaining in effect until March 4, 2018 (3 years from the date of the adoption of Resolution No. 2015-3368). Two additional one- year extensions were proposed to be permitted at the Community Development Director's discretion upon finding progress on project implementation. The applicant has requested the first one-year extension of the Residential Planned Development concurrently with this application. 16 Honorable Planning Commission August 21, 2018 Page 2 Normally, an extension of an RPD would be considered solely by the Community Development Director. However, the Zoning code states if more than one discretionary permit or exception application is required for a proposed use, the Director may require all applications for the proposed use, processed, considered, and decided concurrently through the most thorough decision-making process and by the highest decision-making authority of the permits and/or exceptions requested. In this case, it is appropriate for the Planning Commission and City Council to consider the VTTM and RPD extension together, since they are so closely tied. There have been no changes in site conditions since the project and VTTM were originally approved. No new analysis is necessary, although some modifications to the conditions of approval are proposed. When this project was originally approved, the City had not yet adopted Resolution No. 2009-2700 which approved the use of standard conditions of approval for development projects. The proposed draft resolution adds several special conditions of approval by reiterating those original conditions specific to this project, and at the same time adopting, by reference, the standard conditions of approval. Changes are proposed to the special conditions of approval: When the project was originally approved, secondary access was allowed to be maintained and secured for emergency use only. This was typically done by use of what is referred to as a Knox Box, which allows only emergency responders to use such access. Due to lessons learned in recent incidents, the Fire Department has moved away from allowing emergency only access and now requires secondary access to be easily useable at all times. This allows for safe entry and exit of residents and emergency responders in the event the main access is unusable. Signs may be installed indicating the purpose of the access is for emergency use only. Special conditions No. 4, 17, and 18 in the draft resolution have been modified to reflect this requirement as follows: 4. The existing driveway off of Walnut Canyon Road shall be used solely for emergency access and shall have a decorative driveway constructed with an electric a gate installed to the satisfaction of the Fire Department that only opens out to Walnut Canyon Road. A plan for the design and operation of the gate shall be submitted for review and approval of the Community Development Director and Fire Department and shall be constructed prior to the issuance of 17. Existing driveway at the westerly portion of property shall be for the sole purpose of emergency access only, subject to the review and approval of the Fire Department. \\Dcl\Department Share1Community Development\DEV PMTS\R P D\2004-05 Birdsall\TTM Renewal 2018\PC Agenda Report 190828 docx 17 Honorable Planning Commission August 21, 2018 Page 3 18. The existing driveway to be used as emergency access only, shall have a decorative gate designed and located subject to the review and approval of the Fire Department -e ..ee-e - e-e. • ••-• . ee -e e , • . e- Further, Condition No. 10., regarding a conservation easement over the areas shown as open space has been clarified to indicate the easement must be shown and dedicated on the recorded final map to the satisfaction of the City Engineer and Community Development Director, as follows: 10. Prior to the approval of the Final Map, the applicant shall offer to irrevocably dedicate a conservation easement to the City of Moorpark over the areas shown as open space on the Tentative Tract Map No. 5437, to the satisfaction of the City Engineer and Community Development Director. The conservation easement shall be recorded on the Final Map. In addition several conditions of approval from the original standard conditions have been brought into the special conditions of approval and a few new conditions of approval have been added, consistent with conditions of approval from recently approved projects. These are reflected in Special Conditions of Approval 26 to 39. Conditions of approval specific to the RPD are proposed to remain unchanged, as the second part of this request is merely an extension of time to the approved RPD and no modifications are proposed. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. \\Dcl Department SharetCommunity Deveiopment\DEV PttATStR P D\2004-05 BirdsalltTTM Renewal 2018\PC Agenda Report 180828 docx 18 Honorable Planning Commission August 21, 2018 Page 4 D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the proposed project while preserving 19.63 acres of the project site as open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: June 21, 2018 Planning Commission Action Deadline: Not Applicable City Council Action Deadline: September 20, 2018 \\Dcl Department Share 1 Community Development\DEV PMTS\R P D\2004-05 BIrdsall\TTM Renewal 20181PC Agenda Report 180828 docx 19 Honorable Planning Commission August 21, 2018 Page 5 ENVIRONMENTAL DETERMINATION The Community Development Director has determined this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration and that no additional environmental review is required. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on August 19, 2018. 2. Mailing. The notice of the public hearing was mailed on August 14, 2018, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square foot sign is to be placed on the street frontage by August 18 2018. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2018- recommending to the City Council conditional re-approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development 2004-05. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. VTTM 5437 B. 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PC-2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL RE-APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 5437 AND A ONE-YEAR EXTENSION OF RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2004-05 FOR 21 HOMES ON RESIDENTIAL LOTS AND 1 OPEN SPACE LOT ON APPROXIMATELY 42.4 ACRES ON THE EAST SIDE OF WALNUT CANYON ROAD AT CHAMPIONSHIP DRIVE, ON THE APPLICATION OF BIRDSALL GROUP, LLC WHEREAS, on May 17, 2006, the City Council approved Vesting Tentative Tract Map No. 5437 and RPD Permit No. 2004-05 for 21 homes on residential lots and 1 open space lot on approximately 42.4 acres on the east side of Walnut Canyon Road at Championship Drive. The Vesting Tentative Tract Map and Residential Planned Development Permit approvals have since expired; and WHEREAS, on January 16, 2018, an application was submitted by Birdsall Group, LLC (Scott Birdsall) for re-approval of Vesting Tentative Tract Map No. 5437 and a one-year extension of RPD Permit No. 2004-05; and WHEREAS, at a duly noticed public hearing on August 28, 2018, the Planning Commission considered Vesting Tentative Tract Map No. 5437 and a one-year extension of RPD Permit No. 2004-05; and WHEREAS, at its meeting of August 28, 2018 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Community Development Director has determined this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration and that no additional environmental review is required. PC ATTACHMENT 4 43 Resolution No. PC-2018- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director determination that this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration and that no additional environmental review is required. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission finds the proposed one-year extension of RPD Permit No. 2004-05 is consistent with the original findings because there have been no changes in the adjacent areas, the applicant has worked diligently towards use inauguration during the initial period of time, and the one-year extension will not change the findings in the original Mitigated Negative Declaration prepared for the project. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. 44 Resolution No. PC-2018- Page 3 D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the proposed project while preserving 19.63 acres of the project site as open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. SECTION 4. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of a one- year extension of Residential Planned Development 2004-05. B. The Planning Commission recommends to the City Council approval of Vesting Tentative Tract Map No. 5437 subject to the Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. 45 Resolution No. PC-2018- Page 4 SECTION 5. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 28th day of August, 2018. Bruce Hamous, Chair David A. Bobardt, Community Development Director Exhibit A — Standard and Special Conditions of Approval 46 Resolution No. PC-2018- Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5437 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS Planning Division Special Conditions 1. Vesting Tentative Tract Map No. 5437 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. Up to a maximum of twenty-one (21) residential lots may be developed under this entitlement. 3. Prior to the occupancy of the first dwelling unit the applicant shall pay $210,000.00 to the City as the pro-rata share of the street improvements along the east side of Walnut Canyon Road from the southern property line of the project site north to the northern city limits, including an improved transition area beyond the northern city limits. The Final Map shall include an irrevocable offer for dedication of right-of-way for the east side of Walnut Canyon Road as determined necessary by the City Engineer and Caltrans for the planned widening improvements. 4. The existing driveway off of Walnut Canyon Road shall be used solely for emergency access and shall have a decorative driveway constructed with a gate installed to the satisfaction of the Fire Department. A plan for the design and operation of the gate shall be submitted for review and approval of the Community Development Director and Fire Department. 5. The Tract Map shall show a 200' deep setback between the residential development areas of Lots 1 and 17 and the agricultural land on the adjacent property to the north within the unincorporated area of the County of Ventura. The Final Map shall include a restricted use easement over this area which shall restrict the construction of any structures intended for human habitation prior to the approval of the Final Map. Structures for non-human habitation, including but not limited to patios, gazebos, horse barns, tack rooms, horse stalls and riding arenas; may be allowed upon the determination and approval of the Community 47 Resolution No. PC-2018- Page 6 Development Director on a case by case basis. The future property owners of Lots 1 and 17 shall be required to sign an acknowledgement of agreement of the above factors prior to occupancy of any approved residential dwelling unit. 6. The following lots of Vesting Tentative Tract Map No. 5437: One (1) through Nine (9) and lot Seventeen (17) shall be served with multi-purpose (hike/bike/equestrian) trails which shall be placed along both sides of the private "A" Street, from the eastern project boundary to its intersection with "B" Street and shall be constructed out of decomposed granite at a minimum of ten feet (10') in width and shall also be placed to the back of lots Four (4) through Eight (8), to the north side of lot Nine (9) and in the front of lots One (1) through Three (3) and lot Seventeen (17). The Covenants, Conditions and Restrictions shall prohibit the keeping of equine, bovine and cleft hoofed animals on Lots Ten (10) through Sixteen (16) and lots Eighteen (18) through Twenty-One (21). The multi- purpose trail plan shall be submitted for review and approval of the Community Development Director and the approved multi-purpose trail plan shall be shown on the Final Map prior to approval of the Final Map. 7. All future property owners of lots within Tract 5437 shall be required to sign an acknowledgement that all properties located within Tract 5437 have been created at substantial sizes which allow the accommodation of various forms of animal keeping, including but not limited to horse keeping except for those lots restricted from horse keeping by condition 6 above. 8. All multi-purpose trails shall be separated from vehicular traffic by the construction of a tan concrete fence with wood grain appearance at a maximum height of five feet and with three horizontal cross members subject to the review and approval of the Community Development Director. 9. Prior to the approval of the Final Map, the applicant shall enter into an agreement to participate in the development and maintenance agreements of the Homeowners Association of Planning Areas 8&9 in Tract No. 5045 and contribute a pro-rated share towards the cost for streets and drainage purposes to the satisfaction of the City Attorney, City Engineer and Community Development Director. The multi-purpose trails located throughout Tentative Tract Map No. 5437, shall be maintained by the Homeowner's Association. 10. Prior to the approval of the Final Map, the applicant shall offer to irrevocably dedicate a conservation easement to the City of Moorpark over the areas shown as open space on the Tentative Tract Map No. 5437, to the satisfaction of the City Engineer and Community Development Director. The conservation easement shall be recorded on the Final Map. 11. The multi-purpose trail, trail fencing, private streets, driveway and driveway gate for the emergency access off of Walnut Canyon Road, fuel modification areas and common area slopes, drainage facilities including all NPDES requirements and dissipation and detention structures, and the open space slope areas shall all be maintained by the Homeowners Association. 48 Resolution No. PC-2018- Page 7 12. All conditions of Residential Planned Development Permit No. 2004-05 shall apply to this Vesting Tentative Tract Map No. 5437. Engineering Department Special Conditions GRADING 13. Project soil quantities shall balance. No soil shall be moved to or from this project for grading purposes. 14. The soils report for this project specifies offsite grading for the remediation of geotechnical conditions. Letters of permission for offsite grading and any temporary construction and/or permanent easements shall be provided to the City Engineer prior to approval of the grading plans. 15. No buildings shall be constructed within 50 feet on each side of any known active or potentially active fault. 16. The developer shall submit a project specific geotechnical report for review and approval by the City Engineer. PUBLIC AND PRIVATE STREETS 17. Existing driveway at the westerly portion of property shall be for the sole purpose of emergency access only, subject to the review and approval of the Fire Department. 18. The existing driveway to be used as emergency access only shall have a decorative gate designed and located subject to the review and approval of the Fire Department. 19. The Streets "A" and "B" and the Street indicated as "C" Drive, on Vesting Tentative Tract Map No. 5437, must be designed and built to Ventura County Road condition standard plans to the satisfaction of the City Engineer and the Director of Community Development. DRAINAGE AND HYDROLOGY 20. A sump condition is proposed on "B" Street and must be shown that 100-year protection of habitable areas assuming the inlet catch basins in the street clogs 100%. This will require a secondary emergency outlet for the sump waters which will provide a minimum of 1.0 foot freeboard between the maximum water surface elevation and the minimum adjacent finish floor elevation. This emergency outlet system must direct overflows to either a downstream street with adequate capacity or other acceptable downstream conveyance system. Point of discharge must be analyzed with regard to prevention of downstream problems. A sump condition exists whenever water ponds and the inlet is 49 Resolution No. PC-2018- Page 8 located at a low point and by-pass flow does not occur until right-of-way width flooding/ponding occurs in the street. 21. The proposed storm drain pipe system outletting easterly of proposed lot 8 shall include a dissipator structure and rip-rap pad for hydraulic energy and velocity scour reduction. 22. The proposed trapezoidal channel located on the easterly boundary of the project shall be concrete channel or alternative channel design that addresses and mitigates erosive conditions and shall be approved by the City Engineer and shall be designed in accordance with Ventura County Watershed Protection District Standards. 23. The applicant must show legal ability to use and benefit from and show mechanism to in part or whole maintain the drainage basin known as existing Permanent Basin M-24 on Tract 5045 and associated facilities located for water quality and detention purposes and must be provided prior to approval of grading plan and filing of Final Map. 24. All existing and proposed offsite drainage improvements intended to be used and benefited as part of this project must be shown capable of properly conveying all tributary flows and must be submitted for review to the City Engineer. 25. To avoid the sky-lining of houses and to protect the ridgeline viewshed as observed from valley floors, a building restriction setback shall be placed towards the rear of Lots 17, 18, 19, 20 and 21 indicting that there shall not be any above ground structures above ten (10) feet in height allowed within a 35-foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots. The Final Map shall include a restricted use easement over this area which, shall restrict the construction of any above ground structures above ten (10) feet in height allowed within a 35-foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots, prior to the approval of the Final Map. The future property owners of Lots 17, 18, 19, 20 and 21 shall be required to sign an acknowledgement of agreement of the above factors prior to occupancy of any approved residential dwelling unit. These restrictions shall be made a part of the CC & R's. 26. Within thirty calendar days of submittal of the first plan check for Final Map the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (C.C.&R.'s) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Vesting Tentative Tract Map No. 5882 and Residential Planned Development Permit No. 2016-01, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the City Attorney's cost of review. 50 Resolution No. PC-2018- Page 9 27. CC&R's and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC&R's) and by-laws establishing one or more Homeowners' Associations for the residential development shall be prepared prior to Final Map Approval. CC&R's shall be subject to the review and approval of the Director of Community Development and City Attorney. Language shall be placed in the CC&R's indicating that any subsequent changes to the CC&R's shall be subject to the review and approval of the Director of Community Development and City Attorney. All applicable conditions of approval and mitigation measures shall be incorporated into the CC&R's as requirements, including but not limited to the following provisions: a. Identification of all Common Maintenance Areas including maintenance of all multi-use trails, open space lots, detention basin landscaping, parkway landscaping for all streets, any shared driveways, private streets, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC&R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable Tentative Map and Residential Planned Development (RPD) and conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to the sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R's. The Homeowners' Associations may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map, approved Residential Planned Development Permit or any approved Development Agreement. Sixty (60) day's notice must be given to the City of the intent to modify CC&R's. Further, it is the sole responsibility of the Homeowners' Associations to enforce the CC&R's. b. Language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. c. Provisions that the Homeowners' Association shall be responsible for implementing and maintaining the vegetation management requirements of the Fire Hazard Reduction Program in perpetuity. As required by the Fire Department fuel modification plan zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. Final approval of this Program 51 ITEM: 8.C. MOORPARK,CALIFORNIA Planning Commission of ACTION:ApproVoci tern mmenrll°n, 1nc1116irk `A Np-tfnn t1-I hVaslirlinntkio. PC-2NR- BY: ;S. 19 ttvrnn MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Brian Chong, Assistant to the City Managert Joseph Fiss, Planning Manager DATE: August 28, 2018 SUBJECT: Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2018-04, an Amendment to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses), of the Moorpark Municipal Code Addressing Temporary Filming, and Recommending Approval of New Rules and Regulations for Temporary Filming, and Determining That This Action Is Exempt from the California Environmental Quality Act BACKGROUND On August 1, 2018, the City Council adopted Resolution No. 2018-3730, directing the Planning Commission to hold a public hearing and provide a recommendation to the City Council on Amendments to the Moorpark Municipal Code to establish new filming regulations within the City. DISCUSSION The City's current filming regulations (Section 17.28.120 of the Moorpark Municipal Code) dates back to the City's original Zoning Ordinance in 1994, and are in need of modernization. While the City's current Film Permit process has been implemented through department level policies, codification of the process can improve consistency and predictability for potential Film Permit applicants. The California Film Commission (CFC), the state agency tasked with promoting film production within the state, maintains a model filming ordinance, which was most recently updated in October 2017. The model ordinance is generally intended to unify the structure and format of filming ordinances across the many jurisdictions throughout 52 Honorable Planning Commission August 28, 2018 Page 2 the state. Like a building code, local amendments to address local issues are both planned for and expected. Staff has drafted new filming regulations using the CFC's model ordinance as a basis, which is now being presented to the Planning Commission for a recommendation to the City Council. Staff has also developed a set of Rules and Regulations for Temporary Filming to accompany the ordinance, as provided for in both the model ordinance and the proposed ordinance. These Rules and Regulations are proposed to be adopted separately by resolution of the City Council, allowing the ability for amendments in the future without going through a Zoning Ordinance Amendment process. Amendments to Use Matrices (Sections 17.20.050 and 17.20.060) Temporary filming is currently listed as an allowed use by Temporary Use Permit (issued as a "Film Permit") in all residential, commercial, and industrial zones except for the Residential Planned Development (RPD) 20U-N-D designation, which was created as part of the implementation of the current General Plan Housing Element to establish a zone for 20 residential units per acre by right (non-discretionary). Three properties in Moorpark have been given this zoning for the State to certify the City's Housing Element. The non-allowance of temporary filming in this zone was an oversight by staff when the RPD 20U-N-D zone was created, and not intentional. As part of the Filming Ordinance update, staff recommends allowing temporary filming in the zone, since it is now the only location in the City where temporary filming has not been allowed in the use matrix. Staff Recommendation: Allow Temporary Filming in the RPD2OU-N-D zone by TUP. The Zoning Ordinance's land use matrices currently list temporary filming as: Motion picture and television production and related activities and structures (activities of a maximum of forty-two [42] days in any one hundred eighty [180] day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code." This definition of temporary filming narrowly defines what constitutes "temporary filming." A more flexible approach consistent with the CFC's model film ordinance is recommended. For example, an applicant may want to film in an indoor location on private property for 45 days, and then may never host another film shoot. Staff would consider this to be temporary filming, and that the primary land use would remain. On the other hand, if a single-family residence hosted five separate week-long film shoots back-to-back, the primary land use of the house is no longer residential and the use would not be allowed in a residential zone. Removing the strict definition of temporary filming from the use matrix gives the Community Development Director more flexibility to exercise judgment to determine when filming at a location is no longer a temporary use. \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance 120180828-PC Staff Report docx 53 Honorable Planning Commission August 28, 2018 Page 3 In addition to changing the definition of temporary filming, administrative changes are suggested to clarify that temporary still photography is allowed under this entry in the land use matrix and to more specifically identify the Zoning Ordinance section that applies to temporary filming. Staff Recommendation: Update and make administrative changes to Section 17.20.050 and Section 17.20.060 definitions of temporary filming, as shown in Exhibit A of the proposed resolution. Temporary Filming Ordinance (Section 17.28.120) The City's current filming ordinance contains a single paragraph stating that filming shall not result in high or unreasonable nuisance, that a permit is required, and that property shall be restored to its original condition when filming is completed. As contained in the CFC's model ordinance, a modern section of definitions is provided, along with exemptions for filming by news media, filming of personal/family video, and filming at studios (that have a permanent approval for filming). For the proposed City ordinance, staff is also recommending exemptions for still photography for business advertisements at the businesses being advertised and for City-sponsored filming. As further contained in the CFC's model ordinance, the proposed ordinance grants the authority for the Community Development Director to issue Film Permits, specifies information to be included on Film Permit applications, codifies insurance/liability requirements, grants the City Council the authority to adopt a fee schedule for Film Permits, and grants the City Council the authority to develop Rules and Regulations for temporary filming (described below). Staff is also proposing several other provisions beyond the model ordinance. First, the City's options when a violation of the City's Filming Ordinance or an issued Film Permit occurs have been expanded so that the City has greater recourse to address violations than simply revoking a permit. Applicants may be personally charged with an infraction for violating the City's Filming Ordinance or failing to comply with Film Permit conditions. Additionally, the proposed ordinance incorporates a Best Practice suggested by the CFC, waiving permit fees for charitable filming and for student films. In eliminating fees for charitable filming, the City is effectively making it easier for charities making films to spend more of their resources on their missions and less on production costs. In eliminating fees for student films, the City helps educational institutions developing future generations of filmmakers and promoting Moorpark as a film-friendly city. It should be noted that these fee waivers only apply to the City's basic Film Permit fees. Fees for services provided in support of filming (such as reimbursement for the cost to the City to provide traffic control services) and outside review fees (such as those for the Ventura County Fire Department or Ventura County Sheriff's Office) would still be assessed. \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance\20180828-PC Staff Report docx 54 Honorable Planning Commission August 28, 2018 Page 4 Staff Recommendation: Adopt a new temporary filming ordinance, as shown in Exhibit A of the proposed resolution. Rules and Regulations for Temporary Filming Both the CFC's model ordinance and the proposed ordinance include provisions for the City to promulgate a set of Rules and Regulations for temporary filming based on public health and safety, safety of property in the City, traffic congestion, and mitigation of disruption to people affected by temporary filming. The proposed Rules and Regulations for Temporary Filming (Exhibit B of the proposed resolution) are designed to balance the requests of Film Permit applicants and the effects on residents/businesses that may be impacted by the filming. To accomplish this, the Rules and Regulations establish public notification requirements, restrictions limitations on traffic impacts on major thoroughfares, the authority of the City to place conditions on Film Permits to mitigate impacts on nearby residents and businesses, and criteria by which a Film Permit may be denied or cancelled. The Rules and Regulations would allow the Community Development Director to require a notification to affected residents/businesses before a Film Permit is issued. The notification must include the scope of filming, contact information for the Film Permit applicant, and where cast/crew parking will be located. This notification process is a win-win for all parties involved. Concerned residents and businesses have a chance to directly voice concerns with Film Permit applicants and make appropriate arrangements. Residents and businesses also will have certainty about when filming is scheduled, rather than worry about when film-related lighting or noise may conclude. Film Permit applicants can also then proactively address concerns before filming takes place, rather than while filming takes place. Additionally, by providing the affected public with direct contact information to the Film Permit applicants, minor issues during filming may be dealt with immediately and directly, without the City's involvement. For example, a resident's driveway might be blocked by a film crew member's parked vehicle. It is more efficient for the resident to contact the Location Manager to have the car moved than for the resident to contact the Police Department, who will then deploy an officer to the filming location to cite the vehicle and then work to identify who the car belongs to. The Rules and Regulations also, by default, prohibit filming that has traffic impacts on main thoroughfares during weekday rush hours. However, the Community Development Director may grant an exception to this prohibition on a case-by-case basis. This would typically occur because of the unique nature of date of filming (such as the morning rush hour on a weekday holiday, or a day that an affected school may be out of session) or because an acceptable traffic control plan has been submitted to and approved by the City. As written, the burden of proof to demonstrate acceptability is on the Film Permit applicant. \DC1\Department Share\Community Development\DEV PMTS\Z 0 A12018\2018-04 Ftlm Ordinance\20180828-PC Staff Report docx 55 Honorable Planning Commission August 28, 2018 Page 5 The Community Development Director is also given broad authority to place conditions on a Film Permit to mitigate any filming impacts. For example, cast/crew parking can be required to be off-site. Film-related parking may be prohibited in front of a community mailbox. Permission of property owners for may be required for filming that creates an unmitigable nuisance, such as overnight construction noise for a home improvement show. While the City would normally deny a request for overnight construction noise because it would create an unreasonable nuisance to nearby residents, the City could grant an exemption if all affected residents signed documentation that they were supportive of the filming. This approach will give the City flexibility to be both film- friendly and cognizant of the impacts of filming on residents and businesses within the City. Staff Recommendation: Approve new Rules and Regulations for Temporary Filming, as shown in Exhibit B of the proposed resolution. Review by the California Film Commission Under California Government Code Section 14999.21(b), a city or county must submit a proposed filming ordinance or amendment to the California Film Commission for review prior to adoption. Although the Commission does not have the authority to approve or reject an ordinance, any comments from the Commission must be presented to subsequent decision makers, such as the Planning Commission and City Council, prior to adoption. On August 7, 2018, the California Film Commission completed its review and stated they are "pleased to say that we have no notes for you. You followed the state's model film ordinance closely, and your Rules and Regulations for Temporary Filming are all quite reasonable. We greatly appreciate the city's efforts to be film-friendly." The Commission's full comments are provided as Attachment 2. ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed the contents of the draft ordinance and Rules and Regulations for Temporary Filming. The Director has determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) because CEQA only applies to projects that may have a significant effect on the environment. The Director has concluded that the adoption of this ordinance and approval of Rules and Regulations for Temporary Filming do not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). \\DC'\Department Share\Community Development DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance\20180828-PC Staff Report docx 56 Honorable Planning Commission August 28, 2018 Page 6 NOTICING The notice of the public hearing was published in the Ventura County Star in a 1/8 page ad on August 19, 2018. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. PC-2018- recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-04 and recommending approval of the Rules and Regulations for Temporary Filming. ATTACHMENTS: 1. Draft PC Resolution 2. California Film Commission Review i\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance 120180828-PC Staff Report docx 57 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2018-04, AN AMENDMENT TO CHAPTERS 17.20 (USES BY ZONE) AND 17.28 (STANDARDS FOR SPECIFIC USES), OF THE MOORPARK MUNICIPAL CODE ADDRESSING TEMPORARY FILMING, AND RECOMMENDING APPROVAL OF NEW RULES AND REGULATIONS FOR TEMPORARY FILMING, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on August 1, 2018, the City Council adopted Resolution No. 2018- 3730, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment to address temporary filming and new rules and regulations for temporary filming: and WHEREAS, at a duly noticed public hearing on August 28, 2018, the Planning Commission considered Zoning Ordinance Amendment No. 2018-04, amendments to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses) of the Moorpark Municipal Code to address temporary filming and new rules and regulations for temporary filming; and WHEREAS, at a duly noticed public hearing on August 28, 2018, the Planning Commission considered new Rules and Regulations for Temporary Filming; and WHEREAS, at its meeting of August 28, 2018, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Community Development Director has reviewed the contents of the draft ordinance and Rules and Regulations for Temporary Filming. The Director has determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) because CEQA only applies to projects that may have a significant effect on the environment. The Director has concluded that the adoption of this ordinance and approval of Rules and Regulations for Temporary Filming do not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). PC ATTACHMENT 1 58 Resolution No. 2018- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION. The Planning Commission concurs with the determination of the Community Development Director that this project is exempt from the provisions of the California Environmental Quality Act because CEQA only applies to projects that may have a significant effect on the environment, and the adoption of this ordinance and approval of Rules and Regulations for Temporary Filming do not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds Zoning Ordinance Amendment No. 2018-04 to be consistent with the Moorpark General Plan and all adopted Specific Plans, in that the proposed Zoning Ordinance Amendment and Rules and Regulations for Temporary Filming are consistent with Economic Development and Employment Goal 13 ("Achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities") and Growth and Population Policy 8.1 ("New development and redevelopment shall be orderly with respect to location, timing, and density/intensity..." By clearly outlining the City's policies and regulations for temporary filming, the recommended actions will expand opportunities for the film industry to come to Moorpark and better protect Moorpark residents and businesses from any nuisances that may be associated with temporary filming. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2018-04 as shown in Exhibit A, attached, and the Rules and Regulations for Temporary Filming as shown in Exhibit B, attached. \\DC1\Department Share Community Development\DEV FIATS\Z 0 A12018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1(Resolutions doc 59 Resolution No. 2018- Page 3 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOTES: ABSTAIN: ABSENT: PASSED AND ADOPTED this 28th day of August, 2018. Bruce Hamous, Chair David A. Bobardt, Community Development Director Exhibit A: Zoning Ordinance Amendment No. 2018-04 Exhibit B: Rules and Regulations for Temporary Filming \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance 120180828-PC Staff Report Attachment 1,Resolution)doc 60 Resolution No. 2018- Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2018-04 AMENDMENT TO CHAPTERS 17.20 (USES BY ZONE) AND 17.28 (STANDARDS FOR SPECIFIC USES) OF THE MOORPARK MUNICIPAL CODE 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones RPD 20U- O-S A-E R-A R-E R-O R-1 R-2 RPD N-D TPD D. Accessory and Miscellaneous Uses 8. Temporary motion picture, TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP and television, or still photography production • +and related activities and structures) in accordance with Section 17 28.120 forty two ['12] days in any one period are n nsidered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of Code} 17.20.060 Permitted uses in commercial and industrial zones CPD C- C-O C-1 C-2 OT M-1 M-2 I F. Accessory and Miscellaneous Uses 8. Temporary motion picture. and television, or TUP TUP TUP TUP TUP TUP TUP still photography production land related activities and structures in accordance with Section 17,28,120 __ • " - e - _ - - _ 17.28.120 " - •_ '-- - - - • _ ' - _ - - _ • Temporary Filming Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise being directed toward neighboring properties and shall not cause disturbances in \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1(Resolution)doc 61 Resolution No. 2018- Page 5 .. _ -e - . e e - e -- e - - e - - - - A_ Definitions. For the purposes of this title, the following definitions shall apply 1 'Motion Picture, Television. or Still Photography" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows, or -programs, commercials, digital media, still photography, and Student Films in any medium, including film, tape. or digital format. 2. "Charitable Films" shall mean commercials. motion pictures, television, digital media, or still photography produced by a nonprofit organization, which qualifies under Section 501(C)(3) of the Internal Revenue Code as •a charitable organization. No person, directly or indirectly. shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos. 3 'Nevis Media" shall mean the photographing, filming, or videotaping for the purpose of spontaneous, unplanned television news broadcasts ("breaking news"). or reporting for print media by reporters. photographers. or camerapersons. 4 "Student" shall mean a person producing Motion Picture. Television. or Still Photography to satisfy a secondary or post-secondary school course requirement at an educational institution. 5 'Studio" shall mean a fixed place of business certified as such by the community development director where filming activities (motion or still photography) are regularly conducted upon the premises B. Permits and exemptions. 1 Permit required No person shall use any public or private property. facility, or residence for the purpose of Motion Picture. Television, or Still Photography production without first applying for and receiving a permit from the-community development director 2 Exemptions. The provisions of this Section shall not apply to or affect the following" \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1(Resolution)doc 62 Resolution No. 2018- Page 6 a. News Media. Reporters, photographers. or camerapersons in the employ of a newspaper. news service, or similar entity engaged in News Media. including on-the-spot print media, publishing, or broadcasting of news events concerning those persons scenes, or occurrences that are in the news and of general public interest. b. Personal/Family Video_ The recording of visual images (motion or still photography) solely for private personal use_ and not for commercial use. c. Studio Filming. Filming activities (motion or still photography) conducted at a studio designated for such use. d Still Photography for Business Advertisements. Still photography for advertisements produced at the business that is the subject of the advertisements, provided all filming activities take place on private property and result in no impairment of the use of the public right- of-way or other public facilities. e. City-sponsored Filming Filming by the City provided the filming results in no impairment of the use of the public right-of-way or other public facilities 3 Rules and Regulations The community development director is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing the form. time, and location of Motion Picture. Television, or Still Photography within the City. The director is also authorized to issue permits that authorize Motion Picture, Television. or Still Photography The rules and regulations will be based upon the following criteria a The health and safety of all persons, b. Mitigation of disruption to all persons within the affected area: c The safety of property within the City: and d Traffic congestion at particular locations within the City A.pplicants and Issuance_ a Issuing Authority The community development director is responsible for issuing the permits required by this section for Motion Picture. Television. or Still Photography \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A12018\2018-04 Film Ordinance120180828-PC Staff Report Attachment 1)Resolution)doc 63 Resolution No. 2018- Page 7 b Applications The following information shall be included in the application for a permit to engage in Motion Picture, Television, or Still Photography i The applicant and his/her E-mail address and cell phone number. as well as the address. E-mail address. and telephone number of the contact person at the place at which the activity is to be conducted. ii The specific location at such address or place. iii The inclusive hours and dates such activity will occur; iv A general statement describing the character or nature of the proposed filming activities. v The name, address E-mail address, and cell phone number of the person or persons in charge of such filming activity: vi The number of personnel to be involved, vii, Activity that may cause an impact to the public health. safety. or welfare, such as the use of any animals. gunfire or pyrotechnicslow flying helicopters and/or unmanned aircraft systems (drones):. viii The exact amount/type of vehicles/equipment to be employed along with a parking plan, and ix All applicable documentation (remote pilot certificate. UAS registration certificate, waivers. description of flight operations, etc ) if a UAS (drone) is being used c. Fee Schedule The City Council is authorized to adopt a fee schedule for Film Permits by resolution to recover the City's cost of operating the permitting program described in this section provided that the fee shall not be charged for Charitable Films or for Motion Picture, Television or Still Photography done by a Student However fees for direct services provided by the City for such filming, including but not limited to traffic control and police services shall be charged for Charitable Films and Student Films \\DC1\Department Share Community Development\DEV PMTS\Z 0 A12018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1(Resolution)doc 64 Resolution No. 2018- Page 8 d Reimbursement for Personnel The applicant shall reimburse the City for any City services provided to the applicant (e.g., police. traffic) for the purpose of assisting or facilitating the production. whether such services are requested by the applicant or imposed as a condition of the permit. e. Change of Date. Upon request of the applicant and good cause showing. the director may change the date(s) for which the permit has been issued. 5. Liability a. Liability Insurance Before a permit is issued; the applicant shall provide the director a certificate of insurance naming the City as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage The policy shall be $1,000,000 combined single-limit per occurrence Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones, or as otherwise determined by the director based upon the proposed activity. City officers and employees shall also be named as additional insured. The applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations. A copy of the certificate will remain on file. b Worker's Compensation Insurance The applicant shall conform -to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. c Hold Harmless Agreement. The applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this ordinance. } d. Security Deposit To ensure cleanup and restoration of location sites, the applicant may be required to submit a refundable deposit in an amount to be determined by the director based upon the type of activity Upon completion of filming and inspection of the site by the City, if no verifiable damage has occurred. the security deposit shall be returned to the applicant. { \DC1\Department Share\Community Development\DEV PMTS\Z 0 A12018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1(Resolutionl.doc 65 Resolution No. 2018- Page 9 6 Violations. If an applicant violates any provisions of this section or a permit Issued pursuant thereto the City may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the City may revoke the permit, and all filming activity must cease. Any applicant who willfully refuses or fails to comply with the provisions of this section or any terms and conditions of any permit issued thereto shall be guilty of an infraction, and every violation shall be construed as a separate offense for each day or part of a day during which such violation continues \\DC1\Department Share Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1(Resolution)doc 66 Resolution No. 2018- Page 10 EXHIBIT B RULES AND REGULATIONS FOR TEMPORARY FILMING I. Purpose As provided for in Section 17.28.120.6.3, of the Moorpark Municipal Code, the Community Development Director is authorized and directed to promulgate rules and regulations governing the form, time, and location of any filming activity within the City. The rules and regulations must be based upon the following: 1. The health and safety of all persons; 2. Mitigation of disruption to all persons within the affected area; 3. The safety of property within the City; and 4. Traffic congestion at particular locations within the City. II. Notification to Public Public notification of proposed filming is intended to advise nearby residents and business that filming will occur. Public notifications must be completed at least 24 hours prior to the start of any filming or staging activities. The Community Development Director shall determine whether or not to require public notification and, if so, the recipients based upon a review of a completed Film Permit application. The Community Development Director may require notification where the proposed filming activities do one or more of the following: 1. Result in a street closure or altered parking restrictions adjacent to a residence or business; 2. Result in a significant changes to traffic, noise, or parking availability adjacent to a residence or business; 3. Involve late night working hours; 4. Involve activities that would not normally take place in an area such as, but not limited to, pyrotechnic or other similar special effects, vehicle races, vehicle crashes, intensive lighting, smoke, crowds, or any activity that does not comply with any applicable laws; and/or 5. Result in a nuisance to nearby residents and/or businesses, as determined by the Community Development Director. If required, a public notification must include clear descriptions of the following: 1. Date(s) and time(s) of filming; 2. Location of filming; 3. Parking location for filming-related vehicles; 4. Contact name and telephone number for the filmmakers; and \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordmance\20180828-PC Staff Report Attachment 1 Resolution)doc 67 Resolution No. 2018- Page 11 5. Identification of any activities that would not normally take place in an area, as described above. Notifications may be sent via U.S. Mail, parcel service, or via hand-delivery. Leaving a notification at a residence or business where nobody answers the door is acceptable, provided that the person delivering the notice attests that a notification was left. Proof of all required notifications being delivered must be submitted to the City before a Film Permit will be issued. III. Restrictions of Hours on Main Thoroughfares It is a general policy of the City of Moorpark that no filming that has traffic impacts, such as lane closures, shall take place between 7:00 and 9:00 a.m., or between 4:00 p.m. and 7:00 p.m., Monday through Friday, on any of the streets below: • Arroyo Drive • Mountain Meadow Drive • Campus Park Drive • Mountain Trail Street • Championship Drive • Park Lane • Collins Drive • Patriot Drive • Countrywood Drive • Peach Hill Road • Elk Run Loop • Poindexter Avenue • Gabbert Road • Princeton Avenue • Grimes Canyon Road • Ridgecrest Drive • High Street • Spring Road • Miller Parkway • Tierra Rejada Road • Moorpark Avenue • Walnut Creek Road Exceptions to this general policy may be considered on a case-by-case basis, depending on the mitigation measures proposed by the applicant that facilitate rush hour traffic flow. It should be noted that Los Angeles Avenue, Walnut Canyon Road, and a portion of Moorpark Avenue are State Highways, and filming within the public right-of-way on those streets may require a permit from the California Film Commission and/or the California Department of Transportation instead of the City. IV. Permit Conditions Reasonable requirements may be imposed concerning the time, place, and manner of the filming as necessary to protect the public health, safety, and welfare, protect real and personal property, and control traffic. Conditions may be imposed prior to approval of a permit including, but not limited to, the following: 1. imposition of parking restrictions for the applicant's vehicles 2. Presence and/or patrol of Moorpark Police Officers, Ventura County Fire Department personnel, and/or Public Works staff. Such personnel may be 11DCIlDepartment SharetCommuntty Development1DEV PMTS1Z 0 A1201812018-04 Flim Ordinance120180828 PC Staff Report Attachment 1 Resolution)doc 68 Resolution No. 2018- Page 12 required for traffic control, pedestrian control, crowed control, security, or similar functions. Applicant shall reimburse the City for any such expenses. 3. Alteration of the date(s), time(s), route(s), or location(s) of the filming proposed in the application 4. Conditions concerning the area of assembly and/or other events occurring in the filming area 5. Requirements for provision of first aid or sanitary facilities 6. Requirements on the number and type of vehicles, equipment, animals, or structures at a filming location 7. An inspection or approval of vehicles, structures, or other equipment for safety purposes 8. Requirement for the placement and use of garbage containers 9. Requirements for clean-up and/or restoration of affected properties 10.Restrictions on noise, including the use of amplified sound, or noise from vehicles or equipment 11.Access restrictions to certain areas 12.Traffic cones and/or barriers to be placed by the applicant in designated areas 13.Signage requirements 14.Conditions to comply with the City's indemnification and insurance requirements described in Section 17.20.120.6.5 V. Denials and Cancellations of Permits The Director of Community Development may deny an application for a Film Permit, or suspend or revoke an issued permit, for any of the following reasons: 1. Information contained in the application, or supplemental information requested from the applicant, is found to be false in a material respect. 2. The applicant fails to submit a completed application form at least three business days prior to the start of filming. 3. Another request has been received prior in time at the same time and place requested by the applicant. 4. The Moorpark Police Department, Ventura County Fire Department, or Public Works Department cannot meet the needs for police, fire, or City services required by the proposed filming, or there is insufficient time to muster such personnel required by the proposed filming. 5. The time, route, size, or scope of the proposed filming will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route, or disrupt the use of a street at a time when it is usually subject to high traffic volumes. 6. The concentration of persons, equipment, and vehicles at the site of filming, or the assembly and disbanding areas around the filming, will prevent proper police, fire, or ambulance services to areas contiguous to the filming. \\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2018\2018-04 Film Ordinance\20180828-PC Staff Report Attachment 1 Resolution doc 69 Resolution No. 2018- Page 13 7. The filming occurs at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the filming could substantially disrupt the educational activities of the school or class thereof. 8. The site of filming will substantially interfere with any construction or maintenance work scheduled to take place upon or along City streets. 9. The Community Development Director determines that the scope of filming results in unreasonable disruption to persons within the affected area that cannot be mitigated. \\Dcl\Department Share1Community Development\DEV PMTS 0 A\2018\2018-04 F,ftn Ordinance120180828-PC Staff Report Attachment 1,Resolution)doc 70 Brian Chong From: Honthaner, Eve@CFC <ehonthaner@film.ca.gov> Sent: Monday, August 06, 2018 11:31 AM To: Brian Chong Cc: Klosterman, Eric@CFC; Lemisch, Amy@CFC Subject: RE: Submittal of Amended Filming Ordinance for California Film Commission Review Hi Brian, After reviewing Moorpark's amended film ordinance, I'm pleased to say that we have no notes for you. You followed the state's model film ordinance closely, and your Rules and Regulations for Temporary Filming are all quite reasonable. We greatly appreciate the city's efforts to be film-friendly. Best regards, Eve Eve Honthaner Deputy Director • CALIFORNIA FILM COMMISSION 7080 Hollywood Blvd,Suite 900 • Hollywood,CA 90028 direct office#: 323-817-4136 • cell#: 818-378-7848 ehonthaner@film.ca.gov • http://film.ca.gov ifiL1111 ct1YtLIS2ICI From: Brian Chong<BChong(EIMoorparkCA.gov> Sent: Monday,July 30, 2018 4:58 PM To: Lemisch, Amy@CFC<alemisch@film.ca.gov> Cc: Honthaner, Eve@CFC<ehonthaner@film.ca.gov>; Klosterman, Eric@CFC<EKlosterman@ Film.ca.gov> Subject: Submittal of Amended Filming Ordinance for California Film Commission Review Dear Ms. Lemisch: Attached hereto is a cover letter and draft filming ordinance for the CFC's review and comment. Please let me know if you have any questions or need any additional information to facilitate your review. Sincerely, Brian Chong Assistant to the City Manager City Manager's OfficeAdministrative Services Department r r >f \Ct,, r :irk 799 llu ,r•p,:rrk \, llu4,rpark. i '_; 9:j 1 1,-41)5, .51 r>-. IT fax -41)5 bchong@moorparkca.gov www.moorparkca.gov PC ATTACHMENT 2 71 MOORPARK,CALIFORNIA Planning Commission ITEM 10.A. of 8--26- 9,0IS ACTION: A-pprmict-i °1i ff At;1vom2ndmhtin BY; MINU i La of 1 HE PLANNING COMMISSION Moorpark, California July 24, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on July 24, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hamous called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Di Cecco led the Pledge of Allegiance. 3. ROLL CALL: Present: Chair Hamous, Vice Chair Aquino, Commissioner Haverstock, and Commissioner Di Cecco. Absent: Commissioner Landis. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Planning Manager; Freddy A. Carrillo, Associate Planner II; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: None. 72 Minutes of the Planning Commission Moorpark, California Page 2 July 24, 2018 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-628) Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2018-02, an Amendment to Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.24 (Development Requirements), 17.28 (Standards for Specific Uses), and 17.44 (Application Review Procedures) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Accessory Dwelling Units, Marijuana-Related Uses, Standards for Residential Roof Replacements Adjacent to Arterial Roads, Allowed Uses On Land Developed with Overhead Electrical Utilities, Outdoor Storage in an Industrial Park Zone, and Permit Approval Expiration, Time Extensions and Discontinuance of Use, and Determining that this Action is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-628, recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-02. Mr. Carrillo gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) Replacement roofing other than concrete or clay tile; 2) Number of approved Accessory Dwelling Unit permits; 3) Number of Accessory Dwelling Units per lot; 4) Stamped Page 3 regarding whether the State is going to overwrite our City ordinances from prohibiting distribution of cannabis within their jurisdiction; 5) Stamped Page 5 regarding requirement of masonry wall when there is outdoor storage in an industrial park zone (M-1); and 6) Permit approval expiration of a Zoning Ordinance Amendment. Chair Hamous opened the Public Hearing. There were no speakers. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Di Cecco moved and Chair Hamous seconded a motion to approve staff recommendation, with changes as proposed by the Commission, including adoption of Resolution No. PC-2018-628. The motion carried by voice vote 4-0, Commissioner Landis absent. The City Council has final approval authority for this project. 73 Minutes of the Planning Commission Moorpark, California Page 3 July 24, 2018 B. Consider Resolution Recommending to the City Council Approval of Zoning Ordinance Amendment No. 2018-01, Amendments to Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.28 (Standards for Specific Uses), of Title 17 (Zoning), to Address Residential Short Term Rental Units; and Making a Determination This Action is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-629, recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-01. Mr. Fiss gave the staff report. A discussion followed among the Commission and staff, which focused on 1) Good Neighbor Brochure rental unit information packet; 2) How was 120 days determined for residential short term rental units to be available no more than 120 days in a calendar year; 3) Is there any kind of vehicle to furnish this information to the public regarding the process to obtain permits for an Airbnb; 4) Stamped Page 22, item B. 2. Distinction between an accessory dwelling unit and a guest house; 5) Zoning Clearances allowed in residential zones up to 30 days in a calendar year; 6) Stamped Page 23, item 8. Standards and regulations for allowable noise; 7) Requirement and cost to obtain a Business Registration from the city before renting or advertising a residential short term rental unit; 8) Fees for Zoning Clearance, Administrative Permit, Conditional Use Permit, and Administrative Permit; 9) Administrative Permit minimum notification to adjacent property owners and how public comments concerning the proposed use are addressed; 10) Occupancy requirement for the number of occupants allowed to occupy the rental unit; and 11) Decision of Administrator can be appealed on Administrative Permits. Chair Hamous opened the public hearing. The following Maureen Lane residents spoke in opposition of the resolution due to concerns regarding: 1) Neighborhood preservation; 2) Noise nuisance; 3) Over increased traffic; 4) Parking; 5) Safety; 6) Value of the properties; 7) Security; 8) Number of vehicles; and 9) Number of guests. Tim Bouchez Gino Tomasino Holly Daley Nicole Klotz D'Anne Moungey Paul Farley 74 Minutes of the Planning Commission Moorpark, California Page 4 July 24, 2018 Michelle Craft, Maureen Lane resident, owner of the Airbnb at 4809 Maureen Lane, discussed the short term vacation rental and stated she does not want to impact the livelihood of her neighborhood and is willing to compromise with her neighbor's requests and be in compliance. Mr. Bobardt addressed the Commission regarding the following concerns that were discussed: • Should STR's be allowed; • Can you allow a short term rental and maintain the purpose of a residential zone; • Number of days the permit process to determine the level of activity that is right for the residential zone; • Number of guests; • How are parking impacts mitigated; • Is there a limit to the number of cars that should be allowed associated with the guests; • Number of rooms; primary residence or guest house; but not both; • Is the use itself appropriate for the zones identified; and • What is the highest level of activity allowed while still maintaining that maintains the characteristics of a traditional residential neighborhood. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the Public Hearing. A discussion followed among the Commissioners regarding: 1) Number of days a room or dwelling can be rented; 2) Total number of guests allowed; 3) Number of on-site parking spaces by the occupants or guests; 4) The allowable number of bedrooms to be used for short term rental; 5) Owner should not be required to be on site one-hundred percent of the time; 6) Distinction between a short term rental and a rental unit; 7) A person renting a room to a student more than 30 days does not require a Business Registration; 8) A person renting to different students every week-end for 30 days or less requires a Business Registration; 9) If a lease is required when renting a room more than the 30 days the owner does not need to obtain a Business Registration; 10) House swapping does not fall under the same criteria as an Airbnb if there is no income being made on either house; 11) If a Conditional Use Permit were approved and there are violations the permit can be revoked through a full hearing process; 12) Filming Permits; 13) Amendment to notification radius for Administrative Permits to require a 400 foot noticing; 14) Amendment to allow only 1 principal dwelling or guest house on the 75 Minutes of the Planning Commission Moorpark, California Page 5 July 24, 2018 property to be occupied as a short-term rental; and 15) Amendment to allow Administrative Permits and Conditional Use Permits in R1 and R2 zones. MOTION: Commissioner Haverstock moved to approve staff recommendation proposing an amendment to the ordinance, Section 17.20.050 Permitted Uses; Rental of 31 to 60 days in a calendar year to require a 400 foot noticing for an Administrative Permit; Section 17.28.080 Standards relating to residential short term rental units be amended to only one principal dwelling or one guest house on the property may be used in whole or part, as a residential short term rental unit); adding the Administrative Permit into the R-1 and R-2 zones for the 31-60 day calendar year rentals; and adding the Conditional Use Permit to the R-1 and R-2 zones for the 61-120 day rentals, including adoption of Resolution No. PC- 2018-629. The motion failed due to lack of a second. MOTION: Commissioner Di Cecco moved and Vice Chair Aquino seconded a motion to approve staff recommendation, proposing an amendment to the ordinance, Section 17.20.050 Permitted Uses; Rental of 31 to 60 days in a calendar year to require a 400 foot noticing; Section 17.28.080 Standards relating to residential short term rental units be amended to only one principal dwelling or one guest house on the property may be used in whole or part, as a residential short term rental unit; including adoption of Resolution No, PC-2018- 629. The motion carried by roll call vote 4-0, Commissioner Landis absent. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Commissioner Haverstock moved and Commissioner Di Cecco seconded a motion to approve staff recommendation. The motion carried by voice vote 4-0, Commissioner Landis absent. A. Consider Approval of the Special Joint Meeting Minutes of April 11, 2018. (Continued from the July 24, 2018 Regular Planning Commission Meeting) Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of June 26, 2018. Staff Recommendation: Approve the minutes. 76 Minutes of the Planning Commission Moorpark, California Page 6 July 24, 2018 11. ADJOURNMENT: MOTION: Commissioner Di Cecco moved and Commissioner Haverstock seconded a motion to adjourn the meeting. The motion carried by voice vote 4-0, Commissioner Landis absent. The time was 9:24 p.m. Bruce Hamous, Chair David A. Bobardt, Community Development Director 77