Loading...
HomeMy WebLinkAboutAGENDA REPORT 2022 0720 CCSA REG ITEM 08A SUPPLEMENTAL MOORPARK CITY COUNCIL SUPPLEMENTAL AGENDA REPORT TO: Honorable City Council FROM: Shanna Farley, Principal Planner DATE: 07/20/2022 Regular Meeting SUBJECT: Consider Resolution Adopting a Mitigated Negative Declaration, Pursuant to the California Environmental Quality Act, and the Approval of Vesting Tentative Tract Map No. 2021-01, and Residential Planned Development No. 2021-01 for the Subdivision and Development of 47 Residential Units, Private Roads, Community Open Space, and Associated Improvements on 7.4 Acres of Property, Located at 11930 Los Angeles Avenue (Beltramo Ranch Road), and Consider Ordinance Approving General Plan Amendment No. 2021-01, Development Agreement No. 2021-01, Zone Change No. 2021-01, Including a General Plan Amendment Land Use Designation Change from Park and Low Density Residential to High Density Residential, and a Zone Change from Single-Family Residential and Rural Exclusive to Residential Planned Development, on the Application of Joe Oftelie on Behalf of Warmington Residential SUPPLEMENTAL INFORMATION: UPDATED DRAFT RESOLUTION, DRAFT ORDINANCE, AND PUBLIC COMMENT Staff identified a need for minor revisions to the Draft Resolution and Draft Ordinance following the publication of the City Council Agenda. Section 4 of the Draft Resolution (Attachment 1) has been revised to clarify the section is related to the adoption of the Project’s Mitigated Negative Declaration. Additionally, Section 9 was added to clarify that the effective date of the Draft Resolution would be the effective date of the Draft Ordinance. Lastly, Section 10 was added to give direction to the Community Development Director to file the Notice of Determination within five days of the approval action. Section 7.A of the Draft Ordinance (Attachment 2) was revised to strike an inadvertent reference to a specific plan. The Project does not propose a specific plan. One additional public comment letter was received after the publication of the agenda, received on July 19, 2022 (Attachment 3). Item: 8.A. SUPPLEMENTAL 1 Honorable City Council 07/20/2022 Regular Meeting Page 2 Attachment 1: Updated Draft Resolution No. 2022-____ (without exhibits) Attachment 2: Updated Draft Ordinance No. ___ (without exhibits) Attachment 3: Public Comment Letter dated July 19, 2022 2 SUPPLEMENTAL ATTACHMENT 1 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 2021-01, AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2021 -01 FOR THE SUBDIVISION AND DEVELOPMENT OF 47 RESIDENTIAL UNITS, PRIVATE ROADS, COMMUNITY OPEN SPACE, AND ASSOCIATED IMPROVEMENTS ON 7.4 ACRES OF PROPERTY, LOCATED AT 11930 LOS ANGELES AVENUE (BELTRAMO RANCH ROAD), AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF JOE OFTELIE ON BEHALF OF WARMINGTON RESIDENTIAL WHEREAS, on June 4, 2021, Warmington Residential (Applicant) submitted a development application for General Plan Amendment (GPA), Development Agreement (DA), Zone Change (ZC), Vesting Tentative Tract Map (VTTM), and Residential Planned Development (RPD) for the subdivision of land and development of 47 detached single - family residential units, private roads, community open space, and associated improvements (Project, Proposed Project). The Project includes an application for a GPA land use designation change for a portion of the 7.4 acres of land from Park (P) and Low Density Residential (L) to High Density Residential (H), as well as a ZC from Single- Family Residential (R-1) and Rural Exclusive (RE-20) to Residential Planned Development (RPD-7U). The request also includes a VTTM to subdivide the property into eight common area parcels and 47 residential condominium parcels. The Project Site includes 7.4 acres, located at 11930 Los Angeles Avenue (Assessor’s Parcel Numbers [APNs] 504-0-021-195, 506-0-030-210, 506-0-030-220, 506-0-030-235, 506-0- 030-045, and 506-0-030-055 (Project Site, Site); and WHEREAS, on May 13, 2022, the City of Moorpark Community Development Department published, pursuant to the California Environmental Quality Act (CEQA), a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Beltramo Ranch Project (State Clearinghouse Number 2022050309) analyzing the Project’s potential impacts on the environment and accepted public comments in accordance with CEQA Guidelines Section 15105 for a period of 30 days between May 13, 2022 and June 13, 2022; and WHEREAS, the City prepared written responses to all comments received on the Draft MND and those responses to comments are incorporated into the Final MND; and WHEREAS, at a duly noticed public hearing on June 28, 2022, the Planning Commission considered the Final MND and proposed Project, including 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, adopting Resolution No. PC-2022-673 recommending that the City Council adopt the Final MND and approve the Project, with Conditions as amended; and 3 Resolution No. 2022-____ Page 2 WHEREAS, at a duly noticed public hearing on July 20, 2022, the City Council considered the Final MND and proposed Project, including public testimony both for and against the proposal; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The findings made in this Resolution are based upon the information and evidence set forth in the Final MND (attached hereto as Exhibit C) and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The Final MND, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021. Each of these documents is incorporated herein by reference. SECTION 2. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final MND and Project. SECTION 3. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during public hearings. The City’s independent environmental consultants, City staff, and the Project Applicant’s environmental consultants reviewed and analyzed the comments received on the Project’s environmental review. No comments or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or re-circulation of the MND pursuant to CEQA because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously disclosed environmental impacts identified. SECTION 4. ADOPTION OF MITAGATED NEGATIVE DELCARATION: The City Council, pPursuant to CEQA Guidelines Section 15074, adoption of the Final MND: 1) reflects the City Council’s independent judgment and analysis; 2) was presented to, and reviewed and considered by, the City Council; and 3) has been completed in compliance with CEQA. Pursuant to California Environmental Quality Act (CEQA), the Project includes an Initial Study and a MND which considered potential significant environmental impacts associated with the Project. The MND and associated studies did not identify any known habitat or sensitive species that would be impacted by the Project. The MND includes a Mitigation Monitoring and Reporting Programs which would reduce any potential impacts to the environment to a less than significant level. Therefore, the project would not cause substantial impacts to the environment. SECTION 5. Pursuant to Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program included herewith in 4 Resolution No. 2022-____ Page 3 Exhibit C and incorporated herein by reference, and adopt each mitigation measure set forth therein, and impose each mitigation measure as a Condition of the Project’s Approval. SECTION 6. RESIDENTIAL 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: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations. The proposed deviations from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. 2. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area. As proposed and conditioned, the Project Site provides required parking, access improvements, site lighting, utility upgrades, storm water detention, and landscape improvements necessary to serve the proposed use and prevent impacts to adjacent properties. The proposed Conditions of Approval would ensure the proposed office use would not negatively impact the surrounding area. 3. The proposed residential use and site improvements are compatible with the existing and permitted uses in the surrounding area. The Project is compatible to similar nearby uses including adjacent existing and entitled residential developments to the east and west and industrial office park to the north. The proposed Project includes architectural elements, colors and materials similar to the nearby residential uses and well-developed landscape plan which will help screen the residential development from existing residential neighborhoods and nearby travel routes. SECTION 7. VESTING TENTATIVE TRACT MAP 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 Title 16 Subdivisions and the Subdivision Map Act related to the VTTM, included as Exhibit A: 1. The VTTM conforms to the development standards applicable to the General Plan, zoning and subdivision codes and other applicable standards and guidelines. The proposed deviations from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. 2. The design and proposed site improvements in the Project are consistent with the development standards applicable to the General Plan, zoning and subdivision codes, and other applicable standards and guidelines. The proposed deviations 5 Resolution No. 2022-____ Page 4 from developments standards, allowed pursuant to MMC 17.44.040.C, have been found compatible with nearby residential developments. 3. The site is physically suitable for the proposed residential development, and proposed subdivision, in that all City development standards, including access, have been met by the proposed project. The Project Site is relatively flat and requires minimal grading to develop the proposed Project. The proposed design and site improvements are consistent with the General Plan, zoning and subdivision codes and other applicable standards and guidelines, except where authorized to deviate as noted in MMC 17.44.040.C. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental effects. Pursuant to California Environmental Quality Act (CEQA), the Project includes an Initial Study and a MND which considered potential significant environmental impacts associated with the Project. The MND and associated studies did not identify any known habitat or sensitive species that would be impacted by the Project. The MND includes a Mitigation Monitoring and Reporting Programs which would reduce any potential impacts to the environment to a less than significant level. Therefore, the project would not cause substantial impacts to the environment. 5. The design of the subdivision is not likely to cause serious public health problems, in that adequate sanitation, water services, fire protection, and related infrastructure are both feasible, proposed and required as a condition of this development. 6. The design of the subdivision and the type of improvements would 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 has been incorporated in the design of this project. The Project has been conditioned to include new and modified easements to reflect improvements associated with offsite utility construction. The Project would provide access easements to neighboring residents and public users of the Project Site. SECTION 8. CITY COUNCIL APPROVAL - The City Council does hereby resolve as follows: A. The City Council adopts the Mitigated Negative Declaration (Exhibit C); and B. Approves Vesting Tentative Tract Map No. 2021-01, as shown on Exhibit A; and C. Residential Planned Development No. 2021-01 subject to the Conditions of Approval included in Exhibit B. 6 Resolution No. 2022-____ Page 5 SECTION 9. EFFECTIVE DATE: The effective date of the approval of Vesting Tentative Tract Map No. 2021-02 for Tract No. 6068 and Residential Planed Development No. 2021-01 shall be concurrent with the effective date of the Ordinance for General Plan Amendment No. 2021-01, Zone Change No. 2021-01, and Development Agreement No. 2011-01, whichever occurs last. SECTION 10. The City Council hereby authorizes and directs the Community Development Deputy Director to prepare and file a Notice of Determination pursuant to the California Environmental Quality Act within five days of this action. SECTION 119. 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. PASSED AND ADOPTED this 20th day of July, 2022. __________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachments: Exhibit A: Vesting Tentative Tract Map No. 2021-02 (VTTM 6068) Exhibit B: Conditions of Approval Exhibit C: Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2022050327) incorporated by reference: www.moorparkca.gov/941/Beltramo-Ranch 7 SUPPLEMENTAL ATTACHMENT 2 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2021-01, DEVELOPMENT AGREEMENT NO. 2021-01, AND ZONE CHANGE NO. 2021-01 INCLUDING A GENERAL PLAN AMENDMENT LAND USE DESIGNATION CHANGE FROM PARK AND LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL, AND A ZONE CHANGE FROM SINGLE-FAMILY RESIDENTIAL AND RURAL EXCLUSIVE TO RESIDENTIAL PLANNED DEVELOPMENT, FOR THE SUBDIVISION AND DEVELOPMENT OF 47 RESIDENTIAL UNITS, PRIVATE ROADS, COMMUNITY OPEN SPACE, AND ASSOCIATED IMPROVEMENTS ON 7.4 ACRES OF PROPERTY, LOCATED AT 11930 LOS ANGELES AVENUE (BELTRAMO RANCH ROAD) ON THE APPLICATION OF JOE OFTELIE ON BEHALF OF WARMINGTON RESIDENTIAL WHEREAS, on June 4, 2021, Warmington Residential (Applicant) submitted a development application for General Plan Amendment (GPA), Development Agreement (DA), Zone Change (ZCH), Vesting Tentative Tract Map (VTTM), and Residential Planned Development (RPD) for the subdivision of land and development of 47 detached single-family residential units, private roads, community open space, and associated improvements (Project, Proposed Project). The Project includes an application for a GPA land use designation change for a portion of the 7.4 acres of land from Park (P) and Low Density Residential (L) to High Density Residential (H), as well as a ZCH from Single - Family Residential (R-1) and Rural Exclusive (RE-20) to Residential Planned Development (RPD-7U). The request also includes a VTTM to subdivid e the property into eight common area parcels and 47 residential condominium parcels. The Project Site includes 7.4 acres, located at 11930 Los Angeles Avenue (Assessor’s Parcel Numbers [APNs] 504-0-021-195, 506-0-030-210, 506-0-030-220, 506-0-030-235, 506-0- 030-045, and 506-0-030-055 (Project Site, Site); and WHEREAS, on May 13, 2022, the City of Moorpark Community Development Department published, pursuant to the California Environmental Quality Act (CEQA), a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Beltramo Ranch Project (State Clearinghouse Number 2022050309) analyzing the Project’s potential impacts on the environment and accepted public comments in accordance with CEQA Guidelines Section 15105 for a period of 30 days between May 13, 2022, and June 13, 2022; and WHEREAS, the City prepared written responses to all comments received on the Draft MND and those responses to comments are incorporated into the Final MND; and WHEREAS, at a duly noticed public hearing on June 28, 2022, the Planning Commission considered the Final MND and proposed Project, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both f or and against the proposal; and reached a decision on this matter, adopting Resolution No. PC-2022-673 recommending 8 Ordinance No. ___ Page 2 that the City Council adopt the Final MND and approve the Project, with Conditions as amended; and WHEREAS, at a duly noticed public hearing on June 15, 2022, the City Council considered the Final MND and proposed Project, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and agains t the proposal and adopted Resolution No. 2022-____ adopting the Final MND pursuant to the California Environmental Quality Act including a Mitigation Monitoring and Reporting Program, and approving General Plan Amendment, Development Agreement, Zone Change, Vesting Tentative Tract Map, and Residential Planned Development for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The findings made in this Ordinance are based upon the information and evidence set forth in the certified Final MND and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The Final MND, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021. Each of these documents is incorporated herein by reference. SECTION 2. The City Council finds that agencies and interested members of the public have been afforded ample noti ce and opportunity to comment on the Final MND and Project. SECTION 3. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during public hearings. The City’s independent environmental consultants, City staff, and the Project Ap plicant’s environmental consultants reviewed and analyzed the comments received on the Project’s environmental review. No comments or any additional information submitted to the City have produced any substantial new information requiring additional envir onmental review or re-circulation of the MND pursuant to CEQA because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously disclosed environmental impacts identified. SECTION 4. Pursuant to Public Resources Code Section 21081.6, the City Council has adopted the Mitigation Monitoring and Reporting Program incorporated herein by reference, and adopts each mitigation measure set forth therein, and impose each mitigation measure as a condition of the Project’s approval via City Council Resolution No. 2022-____. 9 Ordinance No. ___ Page 3 SECTION 5. GENERAL PLAN AMENDMENT FINDINGS: Upon recommendation by the Planning Commission, the City Council hereby finds the Project and all associated actions to be consistent with the General Plan based upon the information set forth in the staff report(s), accompanying studies, the Project Final MND and appendices, and oral and written public testimony, including but not limited to the General Plan Consistency Analysis provided in Section 4.11 (Land Use) of the Final MND incorporated by reference. SECTION 6. ZONE CHANGE FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the Project Final MND and appendices, and oral and written public testimony, the City Council finds that the proposed zone change depicted in Exhibit B is consistent with the proposed General Plan land use designation and existing General Plan, including the Housing Element, as outlined in Section 4.11 of the Final MND. SECTION 7. DEVELOPMENT AGREEMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, the Project Final MND and appendices, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municip al Code Section 15.40.100: A. The provisions of the development agreement as depicted in Exhibit C are consistent with the General Plan in that the Project will provide for the orderly developed of land identified in the City’s General Plan and Zoning Ordinance through the Project Specific Plan, as appropriate for residential development and the Development Agreement will strengthen the planning process by providing vesting development rights, addressing the timing of the development of public and private improvements, determine development fees and the provision of specific community benefits, including parks and affordable housing. To that end, the Development Agreement serves to strengthen the planning process by providing coordinated development that ensures minimal impacts to the community and public facilities. B. The provisions of the Development Agreement as depicted in Exhibit C and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the Moorpark Municipal Code because the Development Agreement contains the elements required by Section 15.40.030 and shall be processed through a duly-noticed public hearing process as required by law. SECTION 8. CITY COUNCIL APPROVAL – The City Council does hereby ordain as follows: A. GENERAL PLAN AMENDMENT: Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves General Plan Amendment No. 2021-01 as depicted in Exhibit A which amends the General Plan Land Use Map to reflect the designations included in Exhibit A; 10 Ordinance No. ___ Page 4 B. ZONING ORDINANCE AMENDMENT: Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Zone Change No. 2021-01 as depicted in Exhibit B which amends the Zoning Map to reflect the designations included in Exhibit B; C. DEVELOPMENT AGREEMENT: Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Development Agreement No. 2021-01 as depicted in Exhibit C. SECTION 9. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. SECTION 10. This ordinance shall become effective 30 days after its passage and adoption. A summary of this ordinance shall, within 15 days after passage, be published in accordance with section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. SECTION 11. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of the City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this __ of __________, 2022. __________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachments: Exhibit A: General Plan Amendment Map Exhibit B: Zone Change Map Exhibit C: Development Agreement 11 From:Steven Kueny To:City Council & City Manager Cc:Troy Brown; Shanna Farley Subject:Warmington Homes GPA No. 2021-01 and Related Entitlements Date:Tuesday, July 19, 2022 10:36:23 PM As a property owner in the Heather Glen neighborhood I support the referenced project as it’s presented in the staff report . The project is consistent with the Council’s prior action authorizing processing of the GPA. My support is conditioned on the project having no less than the equivalent of 5 Parking Spaces for each dwelling unit ( 2 spaces in garage, 2 spaces in driveway and 1 space in on-site parking lots and/or curb side on the Project’s private streets) and the secondary access as presented in the staff report. As you may recall ,at the time you considered the GPA I expressed concern about providing the same amount of parking per unit for the proposed project as exists in the Heather Glen neighborhood to minimize parking conflicts.The proposed parking plan addresses my concern. I want to applaud the efforts of the developer, owners of Loretta Drive and City Council and staff in securing the secondary access as presented in the staff report. This is a much better option than having a second access on Los Angeles Avenue and also provides the residents of Maureen Lane a viable secondary emergency access for their neighborhood. I appreciate your consideration of my comments. Steve Kueny SUPPLEMENTAL ATTACHMENT 3 12