HomeMy WebLinkAboutRES CC 2020 3888 2020 0219 RESOLUTION NO. 2020-3888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CONDITIONALLY APPROVING
RESIDENTIAL PLANNED DEVELOPMENT NO. 2014-02
AND VESTING TENTATIVE TRACT MAP NO. 5869 FOR A
69 UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM
DEVELOPMENT, RECREATION CENTER, AND
ASSOCIATED SITE IMPROVEMENTS AT 635 LOS
ANGELES AVENUE, ON THE APPLICATION OF
MENASHE KOZAR FOR SKY LINE 66, LLC
WHEREAS, on October 14, 2014, applications for General Plan Amendment No.
2014-01, Zone Change No. 2014-01, Residential Planned Development No. 2014-02,
Vesting Tentative Tract Map No. 5869, and Development Agreement No. 2014-03 were
filed by Menashe Kozar for Sky Line 66, LLC, for the construction of a 69 unit multi-
family residential condominium development, including a recreation center and
associated site improvements, located at 635 Los Angeles Avenue; and
WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution
No. 2020-647, recommending to the City Council to adopt a Negative Declaration and
conditional approval of General Plan Amendment No. 2014-01, Zone Change No. 2014-
01, Residential Planned Development No. 2014-02, Vesting Tentative Tract Map No.
5869, and Development Agreement No. 2014-03; and
WHEREAS, at a duly noticed public hearing on February 19, 2020, the City
Council considered the agenda report for Residential Planned Development No. 2014-
02 and Vesting Tentative Tract Map No. 5869 and any supplements thereto and written
public comments; opened the public hearing and took and considered public testimony
both for and against the proposal, and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, and considered the proposed
Negative Declaration prepared for the project referenced above together with any
comments received during the public review process and determined that there is no
significant evidence that the project or any of its aspects may cause a significant effect
on the environment and a Negative Declaration has been prepared for this project.
WHEREAS, on February 19, 2020, the City Council adopted Resolution No.
2020-3887, adopting a Negative Declaration and approving General Plan Amendment
No. 2014-01 and introducing Ordinance No.481, approving Zone Change No. 2014-01,
for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
Resolution No. 2020-3888
Page 2
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040:
A. The site design, including structure locations, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, is consistent with the
goals and policies of the City's General Plan and Zoning Ordinance as proposed to be
amended by General Plan Amendment No. 2014-01 and Zone Change No. 2014-01, in
that the proposed project will provide multi-family condominiums as well as deed-
restricted affordable housing in a design that is both comparable in scale with
surrounding residential and commercial development.
B. The site design would not create negative impacts on or impair the utility
of properties, structures or uses in the surrounding area in that adequate provision of
public access, sanitary services, and emergency services have been ensured in the
processing of this request and the use proposed is similar to adjacent uses, and access
to or utility of those adjacent uses are not hindered by this project.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the project uses landscaped setbacks to isolate it from
neighboring properties visually. As a denser, but less-intense category of residential
use, it would not tend to create disturbances regardless of the physical context.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based upon the information
set forth in the staff report(s) and accompanying maps and studies the City Council has
determine that the Vesting Tentative Tract Map No. 5896, with imposition of the
attached Special Conditions of Approval, meets the requirements of California
Government Code Section 66474, in that:
A. The proposed Vesting Tentative Tract Map is consistent with the City's
General Plan as proposed to be amended by General Plan Amendment No.
2014-01, in that it would allow for the provision of a variety of housing types
as well as affordable housing in a design that is both compatible in scale
with surrounding residential and commercial development.
B. The design and improvements of the proposed subdivision is consistent with
the General Plan as proposed to be amended by General Plan Amendment
No. 2014-01, in that they will provide a variety of housing types as well as
affordable housing in a design that is both compatible in scale with
surrounding residential and commercial development.
C. The Project site is physically suitable for the type of residential 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.
Resolution No. 2020-3888
Page 3
D. The Project site is physically suitable for the proposed density of
development at 17.2 units per acre, in that the project complies with all
applicable development standards and design requirements of the Municipal
Code.
E. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat because the Project site was previously
graded and an Initial Study and Negative Declaration were prepared
pursuant to the California Environmental Quality Act and determined that no
significant environmental impacts are likely to result from the development
and occupancy of the Project.
F. The design of the subdivision and proposed improvements will not 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 full access to and from
Los Angeles Avenue and Mission Bell Plaza shopping center easement has
been incorporated into the design of the Project.
SECTION 3. CITY COUNCIL APPROVAL: The City Council approves:
A. Residential Planned Development No. 2014-02 and Vesting Tentative
Tract Map No. 5869, subject to the Standard and Special Conditions of Approval
included in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. EFFECTIVE DATE: The effective date of the approval of
Residential Planned Development No. 2014-02 and Vesting Tentative Tract Map No.
5869 shall be concurrent with the effective date of the Ordinance for Zone Change No.
2014-01 and the Ordinance for Development Agreement No. 2014-03, whichever
occurs last.
SECTION 5. CERTIFICATION OF ADOPTION: 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.
Resolution No. 2020-3888
Page 4
PASSED AND ADOPTED this 19th day of February, 2020.
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Janice S. Parvin, Mayor
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Exhibit A: Standard and Special Conditions of Approval for Residential Planned
Development Permit No. 2014-02 and Vesting Tentative Tract Map No.
5869
Resolution No. 2020-3888
Page 5
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL OF
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2014-02 AND
VESTING TENTATIVE TRACT MAP NO. 5869
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Subdivisions and
Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit
E), except as modified by the following Special Conditions of Approval. In the event of
conflict between a Standard and Special Condition of Approval, the Special Condition
shall apply.
SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT
NO. 2014-02 AND VESTING TENTATIVE TRACT MAP NO. 5869:
1. This planned development permit will expire two (2) years from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use inauguration
of the development permit, if there have been no changes in the adjacent areas
and if the applicant can document that he/she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
2. This subdivision will expire three (3) years from the date of its approval. The
Community Development Director may, at his/her discretion, grant up to two (2)
additional one-year extensions 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 shall be made in writing, at least thirty (30) days
prior to the expiration date of the map and shall be accompanied by applicable
entitlement processing deposits.
3. This permit is granted for the plans on file with the Community Development
Department. The project shall conform to these plans, except as otherwise
specified in these conditions, or unless a permit adjustment or modification to the
plans is submitted and approved.
4. Landscaping must be consistent with the City's Landscape Guidelines, ensuring
plant species are capable of effective screening where appropriate, and suitable
to the demands of slope conditions and growth rates. A landscaping and
irrigation plan, subject to the review and approval of the Parks and Recreation
Resolution No. 2020-3888
Page 6
Director, Police Department, and Community Development Director must be
submitted prior to issuance of a Zoning Clearance for grading.
5. Prior to issuance of building permits, developer shall submit an Arborist's Report
to the City identifying all existing trees on-site at the time of the original
application for entitlements that will be or have been removed as a result of the
proposed development and assessing a value based upon their size and
condition. Developer shall revise landscape plans to reflect the manner in which
the value of removed trees will be applied to enlarge the size or number of
proposed trees on-site, subject to the approval of the Community Development
Director.
6. An 8-foot high soundwall plan is required along the perimeter of the Project site.
Prior to issuance of a Zoning Clearance for grading, developer shall submit a
soundwall plan. Location, design, colors, material and height of all wall and
interior fences shall be approved by the Community Development Director.
7. There shall be no parking on the main driveway, or along interior drive aisles.
"No Stopping at Any Time" signs shall be installed or curbs painted red at the
sole cost of the applicant to the satisfaction of the Ventura County Fire
Prevention District and the City Engineer/Public Works Director.
8. Prior to Final Map approval and recordation, a declaration of Covenant,
Conditions and Restrictions (CC&Rs) shall be submitted for the review and
approval of the Community Development Director and City Attorney. The CC&Rs
shall prohibit residents and guest parking in the adjacent Mission Bell Plaza
parking lot. In addition, a provision will be included in the CC&Rs for garages to
remain open for the use of 2-parked vehicles.
9. Prior to issuance of building permits, Developer shall revise plans for the garages
in order to provide the minimum interior dimensions required by Chapter 17
(Zoning) of the Municipal Code.
10. Prior to Final Map approval, Homeowners Association (HOA) Covenant,
Conditions and Restrictions (CC&Rs) with a parking and landscaping
maintenance agreement shall be recorded to the satisfaction of the Community
Development Director. The HOA landscape maintenance agreement shall
identify and require the common area landscaping, and an easement to
exclusively maintain the trees within the individual yards along the north, east,
and westerly property lines in perpetuity.
11. As part of building permit application submittal, Sheet L1.0 (Landscape Plan)
shall be revised to identify that the perimeter trees will be exclusively maintained
by the Homeowners Association. Plans shall also depict an exterior gated point
of access to each residential yard for HOA maintenance purposes.
Resolution No. 2020-3888
Page 7
12. All remainder areas not designated for resident use or vehicular maneuvering
shall be landscaped, irrigated, and maintained by the Facility Operator or
Homeowners Association as common area subject to the review and approval of
the Community Development Director.
13. Final building colors and materials must be reviewed and approved by the
Community Development Director.
14. Windows facing south, west and east of the project are required to have a
minimum Sound Transmission Class (STC) rating of 40.
15. Durable materials are required for trim on the ground floor levels of the homes,
such as wood window trim, or 1/4" minimum cementous stucco coat over foam.
16. The upper-level rear elevations of the buildings along the south property line
(adjacent to Los Angeles Avenue) shall include finishes and treatments to ensure
a high-quality visual aesthetic as viewed from the public right-of-way. This can
include trim around windows, color/material changes, etc. Prior to issuance of
building permits, Applicant shall revise elevations to the satisfaction of the
Community Development Director.
17. Any proposed change to the Architecture shall be considered by the Community
Development Director upon filing of a Permit Adjustment application and
payment of the fee in effect at the time of application.
18. LED street lights shall be used within the project, to be owned and maintained by
the Facility Operator or Homeowners Association. Design of street lighting shall
be to the satisfaction of the Community Development Director and City
Engineer/Public Works Director to ensure consistency with future LED street
lighting to be used in the City.
19. Prior to issuance of a building permit, the applicant shall submit a lighting plan for
review and approval by the Community Development Director and Police
Department that demonstrates compliance with the City's Lighting Ordinance.
20. Standards for patio covers and trellises are to be included in the Homeowners
Association Covenants, Conditions, and Restrictions (CC&R's) to the satisfaction
of the Community Development Director.
21 . All off-road construction equipment is required to have a Tier 3 rating, and the
reactive organic compound (ROC) content of architectural coating to be used for
construction phase is to be of low to zero- volatile organic compounds (VOC) (0-
25 g/L ROC).
22. Prior to issuance of permits for foundation and vertical construction, Developer
shall obtain the Community Development Director's approval of a phasing plan
detailing the construction and occupancy schedule for all streets, residential
Resolution No. 2020-3888
Page 8
buildings, and common amenities to ensure that adequate facilities are provided
for future residents if phased occupancy of the units is proposed.
23. Developer shall provide proof of recordation of the Final Map prior to issuance of
a building permit for foundation and vertical construction.
24. Developer shall install and maintain functional fire hydrants on-site prior to the
stock or storage of any construction materials on-site.
25. Developer shall contract with a Native American monitor to be present during all
subsurface grading, trenching or construction activities on the project site. A
copy of the contract for these services shall be submitted to the Planning
Manager for review and approval prior to issuance of any grading permits. The
monitoring report(s) shall be provided to the Planning Division prior to approval of
final building permit signature.
26. Prior to issuance of grading or building permit, Applicant shall provide a "Will
Serve" letter from water and wastewater purveyors.
27. Prior to issuance of a building permit, Applicant shall obtain permits from Ventura
County Air Pollution Control District (VCAPCD), Ventura County Watershed
Protection District (VCWPD) and California Department of Transportation
(Caltrans).
28. Prior to issuance of the first building permit for construction of a residential unit,
Applicant shall provide the Community Development Director with evidence of a
recorded easement allowing access between the project and Mission Bell Plaza
shopping center in perpetuity. If the location of the easement requires
modification to building and/or access road locations, but the approved number
of units has not changed, the Community Development Director may evaluate
and approve an alternative access design between the project and Mission Bell
Plaza shopping center as a permit adjustment to the Residential Planned
Development Permit.
29. Everest Avenue from the western boundary of the project site to Shasta Avenue
shall not be used as a point of ingress or egress to or from the project site. In
addition, at such time that the City of Moorpark seeks to vacate the adjacent
Everest Street right of way from Shasta Avenue to western boundary of the
project site, Property Owner of 635 Los Angeles Avenue shall (a) relinquish any
right of ingress or egress to or from Everest Street; (b) quitclaim any underlying
rights, interest, or ownership of Everest Avenue to the City, if such rights or
ownership exist; and (c) shall not acquire any right in such vacated area from an
adjacent property in the future for purposes of reestablishing any ingress or
egress to or from the project site. The form and contents of the required
documents to effectuate the immediately preceding sentence shall be subject to
City staff approval and be executed by the owner without unreasonable delay
and as part of the street vacation process.
Resolution No. 2020-3888
Page 9
30. Prior to issuance of a building permit, Applicant shall annex into the Citywide
Community Facilities District (CFD) as outlined in the Development Proposal.
31 . The recreation building shall be maintained as a community amenity for the
residential planned development and shall not be converted to another use.
Engineering / Public Works
32. Prior to issuance of a grading permit, Developer shall revise the grading, street
improvements, and drainage plans to the satisfaction of the City Engineer/Public
Works Director
- END -
Resolution No. 2020-3888
Page 10
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2020-3888 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 19th day of
February, 2020, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, and Simons
NOES: Councilmember Enegren and Mayor Parvin
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 19th day of February,
2020.
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