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HomeMy WebLinkAboutAGENDA REPORT 2003 0702 CC REG ITEM 08AITEM Z.A. r dG03 _Qd�ete�G ,P1.�o A/o. doo3 -aio6 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo �. Prepared By: Joseph F. Fiss, Principal Pla e DATE: June 19, 2003 (CC Meeting of 7/02/03) SUBJECT: Consider Minor Modification No. 3 to Residential Planned Development Permit (RPD) No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Tract Map (VTTM) No. 5133, Located on the South side of Los Angeles Avenue West of Fremont Street, on the Application of Shea Homes (APN 506 -0- 020 -45, 51, 475 and 500) BACKGROUND The applicant, at the Council's June 18, 2003 meeting, requested that this item be continued to the July 2, 2003 meeting. Although the applicant had requested continuance, a public hearing had been advertised and there were people who wished to speak. Six people spoke, five residents from the Fremont Street area and one resident from the Regal Park Condominium project. DISCUSSION The Fremont Street residents raised issues relative to grading, drainage, block walls, and noise. The Regal Park resident raised the issue of the property line block wall and its adjacency to the existing garage wall which is off -set one -foot from the property line. While other issues of future development were raised, those issues do not have a bearing on this application and would be analyzed as part of that future development application. Staff has reviewed the concerns raised by the area residents and has added conditions to cover those concerns. With respect to grading and soil compaction, standard grading procedures will be S: \Communi *_y Development \DEV PMTS \R P D \1998 -01_ Shea \Minor Mod 3 \030702 cc agenda report.docp,/'4��,f'k " O1 4 "' V `.A -.J -_y V -16. Honorable City Council July 2, 2003 Page 2 followed. In the soil compaction process, compaction is achieved through the use of a "sheep's foot." This device is rolled across the excavated soil to achieve compaction. Pounding equipment is not used to achieve compaction. The applicant would be responsible for ensuring that the proposed development does not cause a drainage problem on Fremont Street or on the individual lots. A six -foot high decorative masonry wall will be constructed along the coterminous boundary of the project and the Fremont Street properties. The block wall will provide privacy as well as noise attenuation. With respect to the installation of the property line wall along the western boundary adjacent to Regal Park, a condition has been added to alleviate the concern with trash accumulation behind the garages. Staff also met with the applicant to refine the conditions of approval and to clarify the conditions relative to construction and the floodplain. Staff and the developer agree that it is within the authority of the City, under the current Federal Insurance Rate Map (FIRM) map for the area and in accordance with the Federal Emergency Management Agency (FEMA) regulations that a grading permit can be issued for the entire project, building permits can be issued for dwelling units which are out of the currently identified floodplain, and building permits can be issued for those dwelling units which are in the 100 year floodplain, so long as the developer has a FEMA signed conditional letter of map revision (CLOMR). It is staff's belief that the City and the developer are now in agreement relative to the proposed conditions of approval included as part of the attached resolution. Condition 39 of Resolution No. 99 -1666, adopted as part of the approval of the project, requires City Council approval of an Affordable Housing Implementation and Resale Restriction Plan (Plan) prior to the recordation of the first Final Map for the project. It also requires execution of an Affordable Housing Agreement that incorporates the Plan prior to the occupancy of the first residential unit of the project. These documents will need to address the reduction in the total number of units for Tract 5133 as it affects the payment of the in -lieu fees and sureties to guarantee the provision of the seven affordable units mentioned in the condition. (i,�- ✓`a'�rcr Honorable City Council July 2, 2003 Page 3 Findings: The requested modifications are not extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the mitigated negative declaration previously approved for the permit. Therefore, the findings of RPD No. 1998 -01, VTTM No. 5133 as made in Resolution No. 99 -1666, and those findings made in Minor Modification Nos. 1 and 2 are hereby reaffirmed. All previous Conditions of Approval would remain in full force and effect except as modified by this approval. 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 Deemed Complete: May 29, 2003 City Council Action Deadline for VTTM: July 17, 2003 City Council Action Deadline for RPD: July 31, 2003 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration was previously prepared for this development project. This Modification is consistent with the Mitigated Negative Declaration and no further environmental documentation is necessary. Honorable City Council July 2, 2003 Page 4 STAFF RECObMNDATIONS 1. Accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2003- approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Map No. 5133 subject to Conditions of Approval. Attachments: 1. June 18, 2003, Report to City Council (Without Draft Resolution) 2. Draft Resolution No. 2003- MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: Joseph F. Fiss, Principal Pla e DATE: June 2, 2003 (CC Meeting of 6/18/03) SUBJECT: Consider Minor Modification 3 to Residential Planned Development Permit (RPD) No. 98 -01 and Minor Modification 3 to Vesting Tentative Tract Map (VTTM) No. 5133, Located on the South side of Los Angeles Avenue West of Fremont Street, on the Application of Shea Homes (APN 506 -0- 020 -45, 51, 475 and 500) BACKGROUND Residential Planned Development (RPD) No. 98 -01 and Vesting Tentative Tract Map (VTTM) No. 5133, on the south side of Los Angeles Avenue, west of Fremont. Street, were originally approved by the City Council on October 6, 1999, for seventy -nine (79) two -story condominium dwelling units on three (3) condominium lots within a 10.37 acre parcel. The project was designed for small, individual condominium "lots" with detached single family dwelling units, including private front and rear yards. A Homeowner's Association maintained clubhouse, pool, and tot lot were also included. The project is accessed from Los Angeles Avenue via a public street that extends southerly to the easterly extension of Majestic Court. The majority of the units take access from private interior drives. An application for Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to VTTM No. 5133 was submitted on February 5, 2003. Those applications include proposed changes to street widths and alignment, plot plan, fencing, entry monumentation and architecture. Two thirds of this project lies within the Federal Emergency Management Agency (FEMA) 100 year floodplain. As a result any development in the 100 year floodplain must not increase the CC ATTACHMENT 1 S: \Community Development \DEV PMTS \R P D \1998 -01 Shea \Minor Mod 3 \cc agenda report.MM3.doc . v %Y J 4 Honorable City Council June 18, 2003 Page 2 water level more than one foot above the 100 year water level. FEMA is currently in the final stages of completion to revise the Federal Insurance Rate Maps (FIRM) which allow properties to obtain flood insurance. This property could be negatively affected, if FEMA identifies that more of the land is likely to be flooded in a 100 year storm. What all this means is that Shea Homes grading plan and ultimate development could be negatively impacted. Any grading plan which the City approves will have to conform to the FIRM maps in effect at the time of grading permit issuance, as well as any building permit. DISCUSSION This modification comes to the Council as a joint effort of City staff and the developer. The end result, if approved, will create a "win /win" situation for the City and the developer. The City will get a much better designed project, a traffic signal and four way intersection on Los Angeles Avenue, a housing product which will appear less dense, and substantial additional on -site parking. The developer will get a product which will be easier to sell and will have more value. Proposed Project The applicant has requested several modifications to the approved project: • Align the Northerlv Entrance with Millard Street • Allow 32 -foot and 26 -foot Wide Private Streets • Relocate the Recreation Area • Amend the Unit Design and Architecture to Allow Duplex Style Units with 18 -foot Deep Driveways • Relocate the Southern Tract Boundary South to the Arro c;, ; • Allow a 46 -foot Wide Right -of -Way for Majestic Court • Modify the Entry Monumentation and Fence /Wall Plan Staff has studied the applicants proposed modifications and offers the following comments: Honorable City Council June 18, 2003 Page 3 Alian the Northerlv Entrance with Millard Street: The original project was approved with its main access from Los Angeles Avenue located adjacent to the western boundary of the site. This location was chosen because it coincides with several non - buildable easements, including one in favor of the Ventura County for access to the Arroyo Simi. The applicant, in conjunction with staff, determined that the community would be better served if the main access from Los Angeles Avenue were realigned eastward, as a southerly extension of Millard Street. This would allow for signalization of the intersection with Los Angeles Avenue, providing a safer and more efficient entry /exit to this neighborhood and the neighborhood to the north. The realignment of the entry could result in an overall loss of five units. However, with other proposed design modifications the resulting net loss would be two units. This issue is addressed further in the Analysis section below. Allow 32 -foot and 26 -foot Wide Private Streets: In order to maintain the same lot sizes and to minimize the reduction in number of units, the applicant has proposed reducing the private streets to a width of thirty -two (32) feet. Though not specifically requested in the application, one private street is shown on the proposed site plan and tentative map with a width of twenty -six (26) feet ( "C" Drive per Attachment 4). This street provides access to units from only one side of the street. Staff and the applicant have reviewed the proposed widths with the Fire Department. The Fire Department is satisfied with the street widths from a safety perspective, provided that parking is restricted to one side of the street for the 32 -foot wide streets, and no parking on both sides for the 26 -foot street. The Fire Department has further required that fire sprinklers be provided in every unit within the tract. Each unit is also provided with a two -car garage, meeting the criteria for enclosed parking for units in a multi- family project. This proposed design also provides for 18 -foot deep driveways., not part of the original design. The on- street parking will be classified as guest parking as required by the parking ordinance. Relocate the Recreation Area: Relocation of the project entrance results in a potential loss of five (5) units for the project. In order to reduce the number of units lost, the applicant has proposed to eliminate Honorable City Council June 18, 2003 Page 4 the recreation area from this project and build a larger recreation area offsite, on a proposed project to the east. This proposal would regain three (3) of the units lost as a result of the entry realignment. Applications for the proposed project to the east (TTM No. 5425, RPD No. 2003 -02) were filed on March 14, 2003, but have been determined incomplete. Those applications propose the same housing type at the same density as the subject project. If the proposed project is approved, the developer would market both projects as one development. Staff has concerns with the relocation of the recreation area prior to approval of the other project. Staff's concerns are further addressed in the Analysis section below. Amend the Unit Design and Architecture to Allow Duplex Style Units with 18 -foot Deep Driveways: The approved site plan for this project includes individual detached units with minimal front setbacks. The front setbacks do not currently allow for driveway parking. A "duplex" product has been proposed that will provide the same square footage within the homes and provide a useable eighteen -foot (18') long driveway. Although the site plan currently indicates a few front setbacks of slightly less than eighteen feet (18'), a condition has been added that requires a minimum eighteen -foot (18') front yard setback. The proposed units are designed to look similar to a large single family home from the street. By providing a variety of floor plans and elevations, the appearance of "back - to- back" duplex units is avoided. Each unit is proposed with a small front yard to be maintained by the homeowners association. Five -foot (5') side yards and fifteen -foot (15') rear yards are proposed. Although the site plan currently indicates a few side yard setbacks of slightly less than five feet (5') and rear yard setbacks of slightly less that fifteen feet (15'), a condition has been added that requires minimum setbacks of five feet (5') and fifteen feet (15') respectively. Relocate the Southern Tract Boundary South to the Arroyo Simi (Reduction of Required Dedication to Ventura County Watershed Protection District): This project is required to provide a dedication of land for wetlands mitigation adjacent the Arroyo Simi. In order to mitigate the loss of dwelling units, the applicant has proposed to reduce the required dedication by shifting the developed area of the tract southerly. This results in a slight reduction of wetlands mitigation area and a slight increase of developable Honorable City Council June 18, 2003 Page 5 area. This proposal has been accepted by the Ventura County Watershed Protection District, provided all other conditions of approval are still met. Allow a 46 -foot Wide Right -of -Way for Majestic Court: In addition to the above measures to maintain the same lot sizes and to minimize the reduction in number of units, the applicant has proposed reducing Majestic Court (a public street) to a right -of -way width of forty -six feet (46') (36 feet curb to curb). The existing right -of -way for Majestic Court, west of this property is fifty -three feet (53') (40 feet curb to curb). Staff and the applicant have reviewed the proposed width of Majestic Court, along with the width of the interior streets, with the Fire Department. The Fire Department is satisfied with the 36 -foot curb -to -curb width from a safety perspective, provided that parking is restricted to one side of the street. Community Development Department staff does not support a curb to curb width that is narrower than that existing on Majestic Court. This issue is discussed further in the Analysis section below. Modify the Entry Monumentation and Fence /Wall Plan: As a result of relocating the project entry and reworking the "theme," modifications are proposed for the entry monumentation and fence /wall plan. The proposed changes to the entry monumentation are fairly minor, and include relocation to the new project entrance and adding the project name "Canterbury Lane ". Although the prior noise study identified a need for a ten -foot (10') high block wall along the Los Angeles Avenue frontage, a more recent study by Impact Sciences has concluded that a seven - foot (7') high wall would provide the necessary attenuation of roadway noise, resulting in exterior noise levels of 64.7 CNEL at the closest residential area, slightly lower than the minimum code requirement of 65 CNEL. Staff supports a reduction in height to no less than eight feet (8'), with the final design and height to be approved by the Community Development Director based on the ultimate pad elevations. A condition of approval has also been added to assure sensitive siting of the dwelling units adjacent to Los Angeles Avenue. Other perimeter walls will be consistent with those previously approved. Honorable City Council June 18, 2003 Page 6 In addition to the above specific modification requests, a condition has been added that allows the City Manager to approve an Early Grading Agreement for the project. Although Early Grading Agreements are normally only permitted with projects, in this case, the overall benefit of the project modifications warrants consideration of an Early Grading Agreement. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for City Council consideration: • Signalization of Los Angeles Avenue and Millard Street Intersection • Reduction of Street Widths • Relocation of Recreation Area • Distribution of Enhanced Landscaping Signalization of Los Angeles Avenue and Millard Street Intersection: As noted above, the applicant, in conjunction with staff, has determined that the community would be better served if the main access from Los Angeles Avenue were aligned with Millard Street. This would allow for Signalization of this intersection, making for a safer and more efficient entry /exit to this neighborhood and the neighborhood to the north. The applicant will be required, as a condition of approval, to provide for the full signalization of this intersection. The overall public benefit of providing a safe, signalized intersection on Los Angeles Avenue mitigates certain concessions that the applicant is requesting, subject to conditions of approval. Reduction of Street Widths: Planning and Fire Department staff has reviewed the request for reduction of interior street widths and for reduction in the width of Majestic Court resulting from the realignment of the front entry. Narrower streets can be favorable because they create a sense of intimacy within a neighborhood and traffic has a tendency to go slower than on wider streets. In this case, the narrow streets in effect become long driveways because they Honorable City Council June 18, 2003 Page 7 do not end in a cul -de -sac or hammer -head type turn around, nor do they connect to other streets. The Fire Department is satisfied that if fire sprinklers are provided in all of the units and parking is restricted to one side of the street, except for the 26' foot wide private street, having no on- street parking, that public safety issues will be met. Since these private streets are of limited length it is not likely that there will be much public traffic on these streets. As mentioned above, Community Development Department staff does not support a curb to curb width that is narrower than that existing on Majestic Court. A forty foot (40') curb to curb width will result in an additional four feet (4') of width that can be accommodated in the tract. This may be accomplished by a slight reduction of side and rear yard areas and shifting of dwelling units through out the tract. In fact, it appears that the necessary four feet (41) might be accommodated within the portion of the tract that is south of Majestic Court, without sacrificing any reduction in the minimum five foot (51) minimum side yard. The 40 -foot curb to curb width exists west of this tract to Moorpark Avenue. Majestic Court is to serve as the only collector south of Los Angeles Avenue east of Moorpark Avenue. It would serve the Archstone Apartments, this project, as well as the adjacent proposed project. Narrowing the width for this portion of the reach of Majestic Court, or for further portions would impede smooth traffic flow and circulation and is not appropriate. Relocation of Recreation Area: In order to minimize the number of units lost, and maintain the same lot size, the applicant has proposed to relocate the recreation area off -site, to the proposed adjacent project. The proposed location is in the vicinity of the existing Coptic Church site, currently under a contract of sale with Shea Homes. Staff has evaluated this request and concluded that it would be better handled as a future permit adjustment, approved by the Community Development Director, since there is no guarantee on what may ultimately be approved on the adjacent site. In order to ensure that this project is not constructed without a recreation area staff has added a condition which would require the issue of the recreation area be resolved on or before the issuance of a building permit for the 40th dwelling unit. A condition of approval has been added that requires the recreation area to be shown on the approved plans, in the vicinity of lots 46, 47 and 48. Precise siting of the G Honorable City Council June 18, 2003 Page 8 recreation area will be subject to approval of the Community Development Director. Findings: The requested modifications are not extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the mitigated negative declaration previously approved for the permit. Therefore, the findings of RPD No. 1998 -01, VTTM No. 5133 as made in Resolution No. 99 -1666, and those findings made in Minor Modification Nos. 1 and 2 are hereby reaffirmed. All previous Conditions of Approval would remain in full force and effect except as modified by this approval. 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 Deemed Complete: May 29, 2003 City Council Action Deadline for VTTM: July 17, 2003 City Council Action Deadline for RPD: July 31, 2003 ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration was previously prepared for this development project. This Modification is consistent with the Mitigated Negative Declaration and no further environmental documentation is necessary. Aer`i'0 i1�"'y n ' ✓L.Nia Mir Honorable City Council June 18, 2003 Page 9 STAFF RECOWIENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2003- approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Map No. 5133 subject to Conditions of Approval. Attachments: 1. Draft Resolution No. 2003- 2. Location Map 3. Site Plan 4. Vesting Tentative Tract Map 5. Elevations 6. Floor Plans Elio A�OYO 11 HIGH ST. IL_ d a C7 a� O O a a a NEW LOS ANGELES AVE RJR ENGINEERING GROUP Planning- Civil Engineering Geotechnical Engineering -Geology 4243 Telegraph Road. 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CANTEaB URY MOORPARK , CA - - SHEA HOMES ,nw,wr- 0 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 3 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1998 -01 AND MINOR MODIFICATION NO. 3 TO VESTING TENTATIVE MAP NO. 5133 AND REVISION TO RESOLUTION NO. 99 -1666, LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, WEST OF FREMONT STREET AND ON THE NORTH SIDE OF THE ARROYO SIMI, ON THE APPLICATION OF SHEA HOMES, LLC. (ASSESSOR PARCEL NOS. 506 -0- 020 -45, 51, 475 and 500) WHEREAS, at duly noticed public hearings on June 18, 2003 and July 2, the City Council considered Minor Modification No. 3 to Residential Planned Development Permit (RPD) No. 1998 -01 and Minor Modification No. 3 to Vesting Tentative Tract Map (VTTM) No. 5133, for modification to street widths and alignment, site plan, fencing, entry monumentation, unit type, and architecture on a site located on the south side of Los Angeles Avenue, west of Fremont Street and on the north side of the Arroyo Simi (Assessor Parcel Nos. 506 -0- 020 -45 and 51); and WHEREAS, at its meetings of June 18, 2003 and July 2, 2003, the City Council conducted a public hearing, received public testimony, and on July 2, 2003, closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that Minor Modification No. 3 to the Residential Planned Development No. 1998 -01 and Minor Modification No. 3 to the Vesting Tentative Map No. 5133 as conditioned are consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration has been previously prepared and adopted for this development project. This Modification is consistent with that Mitigated Negative Declaration and no further environmental documentation is necessary. SECTION 3. The findings of RPD No. 1998 -01, Vesting Tentative Map No. 5133 as made in Resolution No. 99 -1666, and CC ATTACHMENT 2 ` V ..,,,/ ✓ 1.r iv.S Resolution No. 2003 - Page 2 those findings made in Minor Modification Nos. 1 and 2 are hereby reaffirmed and included by reference. The requested modifications have been determined by the City Council not to be extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, and therefore, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the previous approvals. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 3 to Residential Planned Development Permit No. 1998 -01 and Minor Modification No. 3 to Vesting Tentative Map No. 5133 subject to the following Special Conditions of Approval: 1. All conditions of Residential Planned Development Permit No. 1998 -01 and Vesting Tentative Map No. 5133 and all subsequent modifications shall remain binding and in full force, except as modified by the conditions contained in this resolution. 2. Modification No. 3 to Residential Planned Development Permit No. 1998 -01 and Modification No. 3 Vesting Tentative Map No. 5133 are approved per the submitted site plan and tentative map as modified by the conditions contained in this resolution. 3. Parking is restricted to one side of the street for "A," % %D," "E," and `NF" Drives and Majestic Court between the street identified as Westcott Court (approval of all street names shall follow the City's process) and the easterly project boundary. "No Stopping" signs shall be installed at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer. 4. No parking or stopping is permitted on "C" Drive. "No Stopping" signs shall be installed at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer. 5. Vehicular access shall be prohibited to and from Los Angeles Avenue until such time as full improvements including, but not limited to curb, gutter, sidewalk, paving, street lights, and landscaping, are installed, accepted and ready for use on Los Angeles Avenue as referenced by the conditions of approval. The traffic signal shall also be installed, accepted and operational. Access to the first twenty -four (24) Resolution No. 2003 - Page 3 dwelling units shall be from Majestic Court. For more than twenty -four (24) dwelling units the applicant shall provide two (2) means of vehicular access to the satisfaction of the Fire Department, City Engineer and the Community Development Director. 6. The applicant shall pay one -third (1/3) the cost of construction, design, permitting and inspection, up to a maximum of $60,000, of the traffic signal at Millard Street /Los Angeles Avenue. The applicant, subject to the approval of the City Manager, may design, construct and fund the full cost of the signal installation. If the applicant installs the signal the City shall enter into a reimbursement agreement with the applicant to allow recovery of all costs greater than $60,000. The form and content of the reimbursement agreement shall be to the satisfaction of the City Manager and the City Attorney. 7. For the ultimate development of the project, the recreation area shall be shown on the approved plans, in the vicinity of lots 46, 47 and 48. Precise siting of the recreation area will be subject to approval of the Community Development Director. In the event that there are only twenty -four (24) dwelling units constructed, the applicant shall provide a recreation area immediately south and adjacent to the twenty -four (24) dwelling units. The precise design and location shall be to the satisfaction of the Community Development Director. The applicant shall bond for the cost of construction of the recreation area. 8. Prior to the issuance of a building permit for the 415L dwelling the applicant shall provide proof to the satisfaction of the Community Development Director, that a sufficient on- or off -site recreation area will be provided as part of the completion of RPD No. 1998- 01. Approval of an off -site recreation area shall only occur after approval of the General Plan Amendment, Zone Change, Residential Planned Development and Tentative Map for the adjacent property. 9. Any future improvements to the individual pads shall follow the City's RPD (residential planned development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 10. There shall be no development allowed in the front yards of the individual pads. This includes, but is Resolution No. 2003 - Page 4 not limited to, fences, lighting, pilasters and fountains. 11. The City Council authorizes the City Manager to approve an Early Grading Permit. Prior to issuance of an Early Grading Permit, the applicant shall provide bonding, in an amount satisfactory to the City Engineer to guarantee the restoration of the site to its pre - graded condition as well as all subdivision improvement requirements of the tract. Grading and improvement for the ultimate right -of -way of Los Angeles Avenue shall occur concurrently with grading and improvement of the site No public access from Los Angeles Avenue shall be permitted until full improvements have been completed and accepted by the City Engineer and the California Department of Transportation. 12. If the first twenty -four (24) dwelling units, located at the north end of the project site, are outside of the FEMA identified 100 -year floodplain, building permits may be issued, subject to compliance with other conditions of approval. 13. Prior to the occupancy of the first dwelling unit the applicant shall provide surety, in an amount acceptable to the City Manager, for the provision of all affordable housing units required by this resolution and resolution 99 -1666. 14. A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer prior to the issuance of any building permit in the FEMA identified 100 -year floodplain. 15. As part of the improvement plans the applicant shall show standard curb and gutter with a public service easement provided within the private drives. 16. The front setback for each unit shall not be less than eighteen (18') feet. 17. The rear setback for each unit shall not be less than thirteen (13') feet. 18. There shall be no less than three (3') feet of clearance between block walls and allowable interior protrusions. 19. The sound wall adjacent to Los Angeles Avenue shall be no less than eight (8') feet in height, with the final design and height to be approved by the Community D n d'l .4" "'r" 'i'/ O.✓4J0i Resolution No. 2003 - Page 5 Development Director, subject to ultimate pad elevations. 20. The siting of the dwelling units adjacent to Los Angeles Avenue shall be subject to the approval of the Community Development Director. 21. Majestic Court shall be designed with forty (40') foot curb to curb width. The total right -of -way design shall be subject to the approval of the Community Development Director and the City Engineer. 22. A fence /wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director. Interior walls shall be a minimum height of 6 -feet from the highest finished grade. 23. A solid decorative block wall, a minimum of 6 -feet in height from the highest finished grade, shall be installed along the eastern boundary of the site. The final design, including wall heights, retaining walls and sound walls, shall be subject to approval by the Community Development Director. 24. The applicant shall install a 6 -foot high decorative block wall along the western boundary of the site. The wall shall be constructed in such a manner that there shall not be an open area between the adjacent garages and the wall. Removal of the existing wall shall require prior written permission from the Regal Park Homeowners Association and for any construction over the property line. 25. Prior to or concurrently with the recordation of the Final Map the applicant shall irrevocably offer to dedicate a 25 -foot wide vehicular access from the southerly extension of Millard Street to the easterly property line. The precise design and location shall be to the satisfaction of the Community Development Director and the City Engineer. 26. The drainage plan for the project shall be designed to continue to accept the surface drainage from the properties to the east. The precise design of the drainage system shall be subject to approval of the City Engineer and Community Development Director. 27. Prior to the close of sale of each dwelling unit the applicant shall provide a written acknowledgement statement to the buyer indicating that the buyer is aware that the dwelling unit is either in the FEMA Resolution No. 2003 - Page 6 identified 100 -year floodplain or may be in it in the future. Additionally, the acknowledgement shall indicate that the buyer acknowledges that if the dwelling is in the FEMA identified 100 -year floodplain that the buyer acknowledges that flood insurance will be required. 28. Prior to the approval of a Final Map, if the applicant has not received a CLOMR from FEMA for the entire site, the applicant shall add a non - mapping data sheet to the map set showing the extent of inundation and shall place a prominent note on the map indicating that no construction may occur on lots within the floodplain until a CLOMR has been issued eliminating the lots from the floodplain. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 2nd day of July, 2003. Patrick Hunter, Mayor ATTEST: ueboran 5. 'l,rattenstectt, City Clerk