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Home My WebLink AboutRES CC 1994 1051 1994 0720RESOLUTION NUMBER 94 - 1051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING MAJOR MODIFICATION NUMBER 3 TO PLANNED DEVELOPMENT PERMIT NUMBER 1041 AND TRACT 3963 -4, FILED BY WARMINGTON HOMES TO CONSTRUCT 87- SINGLE FAMILY HOMES IN COMPLETION OF PHASE 4 OF PLANNED DEVELOPMENT PERMIT NUMBER 1041 WHEREAS, on June 14, 1994, Warmington Homes filed Major Modification Number 3 to Planned Development Permit Number 1041 and Tract 3963 in order to constructed 87- single family homes in completion of Phase 4 of said tract; and WHEREAS, on July 20, 1994, the City Council opened the public hearing, received public comment, and closed the public hearing; and WHEREAS, on July 20, 1994, the City Council evaluated information presented in the staff report and public testimony for the July 20, 1994 City Council meeting; and WHEREAS, on February 18, 1986 (Resolution Number 86 -275), the City of Moorpark certified the Environmental Impact Report (EIR) for Tract 3963 and Planned Development Permit Number 1041; and WHEREAS, based upon a review of Major Modification Number 3, it has been determined that: 1) there are no new significant environmental impacts not considered in the previous EIR; 2) no substantial changes have occurred with respect to the circumstances under which the project was undertaken; and 3) there is no new information of substantial importance to the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act, Section 15164, (Division 13 of Public Resources Code of the State of California) the City - Council finds that no new environmental impacts will be created by the proposed project which have not already been considered in the certified EIR. SECTION 2. The City Council approves Major Modification Number 3 to Planned Development Permit Number 1041 and Tract 3963, subject to the following conditions of approval: In addition to the Conditions of Approval in Resolution Number 86 -275 and 87 -395, Warmington Homes shall comply with the following Conditions of Approval: Stucco window surrounds and lintels shall be provided on all four elevations. 2. Stucco soffits shall be provided on all elevations. 3. Building elevation relief shall be provided through the use of varied wall depths. 4. Roof relief shall be provided through the use of varied roof pitch and direction. Resolution Number 94 -1051 July 26, 1994 Page 2 5. S -shape concrete tile roofing shall be installed, consistent with the approved tiling for the entire tract. The roof colors for the 87 homes shall match the existing homes and shall be approved by the Director of Community Development. 6. All of the proposed colors (roofing, trim, and buildings) for the 87 homes (in completion of Phase 4) shall match the existing 44 homes already constructed within Phase 4 of the Tract and be complementary to those homes constructed as part of Phases 1 -3 within the entire Tract. All colors for the 87 homes shall be approved by the Director of Community Development. 7. The fireplace termination shall be approved by the Director of Community Development and shall be UBC approved; the fireplace design and termination shall be compatible to the design of the existing 44 homes. 8. Air conditioning units shall be placed on the side of each home, no closer than 3 feet to the property line. Where this is not feasible, an application for a Zoning Clearance for each home, unable to comply with this requirement shall be made to the Department of Community Development to modify this requirement; said application shall be made prior to installation of the units. 9. Prior to issuance of a Zoning Clearance for occupancy of the first home within each phase which is constructed, Warmington Homes shall submit a bond to the City of Moorpark for 150% of the cost of the construction the public landscaping within each phase of development. 10. Prior to issuance of a Zoning Clearance for the construction of the first home within phase 1 (of the 87 homes), Warmington Homes shall submit a bond to the Department of Community Development for 150% of the cost of the construction of the pool and recreational facilities (R -2) 11. Condition Number 25, Planned Development Permit shall be modified as follows: Warmington Homes shall construct and complete all the pool and recreational facilities initially planned for this area and shall allow these facilities to be annexed into the CHHOA coincident with or before the issuance of a Zoning Clearance for Occupancy of the first house of the third phase of construction [which will be the 28th unit]; in no event shall the pool and recreational center be constructed later than June 1, 1995. The pool and recreational area shall be made accessible to all CHHOA members through Hearon Dave. 12. In lieu of the trail system, Warmington Homes shall provide a minimum of $15,700 of additional recreational amenities to the Recreation Center (Identified as R -2 for the entire tract). The modifications to the Recreational Center shall be considered by the City Council by the filing of a Modification to the Planned Development Permit. Resolution Number 94 -1051 July 26, 1994 Page 3 13. Landscaping and block wall /fences shall be installed consistent with the approved plans for the tract; however, all of the block walls that will be installed shall be six (6) feet in height. 14. Warmington Homes shall complete all common area, private slopes and front yard landscaping, as well as fencing and walls within Phase 4 of the development (87 homes). The installation of these items shall be completed in phases and before the issuance of a Zoning Clearance for occupancy of the first unit within each phase of development. 15. Warmington Homes shall plant 30 - 15 gallon trees and install an irrigation system on the slope of Campus Canyon Park to the satisfaction of the Director of Community Development. Warmington Homes shall be required to bear the cost of the City's Landscape Architect's review of the adequacy of the irrigation and planting plan. 16. A Zoning Clearance be obtained for the installation of the remaining landscaping and block walls to ensure that the installation and construction is consistent with the original approved plans for the tract. 17. The 87 lots shall be Innexed per phase to the existing homeowner's association prior to issuance of a Zoning Clearance for occupancy of the first unit within each phase. 18. Minor Modification Number 9 (May 2, 1990) is null and void. 19. Any minor modifications to Planned Development Permit Number 1041 and Tract 3963, as a result of Major Modification Number 3 ( Warmington Homes) shall be presented to the City Council as an Action /Discussion Item. 20. Prior to issuance of a Zoning Clearance for the first unit, Warmington Homes shall enter into an agreement to the City Manager's satisfaction regarding the developers responsibility for new bonds and completion of public improvements for Tract 3963, Phase 4, including the existing 44 homes already constructed by Griffin Homes. Warmington Homes shall reimburse the City for the cost of drafting the agreement. The agreement shall also cover all obligations of Warmington Homes related to Planned Development 1041 and Tract 3963, Phase 4. Resolution Number 94 -1051 July 26, 1994 Page 4 21. The construction phasing of the 87 homes shall occur as follows: Phases Number of Homes 1 15 units 2 12 units 3 14 units 4 15 units 5 12 units 6 15 units Model Build Out 4 units (Conversion of 3 models and parking lot) 22. Of the 87 single - family homes to be constructed within Phase IV, 28 homes shall be built of 2,510 sq. ft., 29 units of 2,738 sq. ft., and 30 units of 2,858 sq. ft. A 20% flexibility in the number of units built of each square footage shall be granted. Deviation of more than 20% shall require the filing of a Major Modification to the Planned Development permit. Each home square footage shall have three floor plans as approved by the City Council on July 20, 1994. 23. Construction of each sub -phase of Phase IV, shall not interfere with the new homes which are constructed and occupied within Phase IV. 24. The applicant shall submit a deposit, as required by the City' Fee Schedule, for fine grading, paving, and final inspection of the 87 lots prior to issuance of a Zoning Clearance for a building permit for the first of the 87 units. 25. Any fees which are required to be paid and noted in Resolutions Number 86-275 and 87 -395 and other applicable City fees required, shall be paid prior to issuance of a Zoning Clearance for construction of the first of the 87 units. 26. All required public improvements which have not yet been constructed, shall be constructed prior to issuance of a Zoning Clearance for construction of the first of the 87 units. 27. All deposits for staff time which may have been exhausted or which are now required, shall be made prior to issuance of a Zoning Clearance for construction of the first of the 87 units. 28. All outstanding case processing of this Major Modification shall be reimbursed, prior to issuance of a Zoning Clearance of construction of the first unit of the 87 units. If payment is not received within 30 -days of the City's issuance of a correspondence requesting reimbursement for outstanding case processing, Major Modification Number 3 shall be null and void. 29. The required Traffic Mitigation Fee of $3,000.00 shall be paid for each of the 87 units prior to issuance of a Zoning Clearance for issuance of a building permit for each unit. Resolution Number 94 -1051 July 26, 1994 Page 5 30. A deposit for condition compliance shall be made to the Department of Community Development and shall be calculated as follows: the total cost, based upon the City's current fee schedule, for a Tentative Tract Map, Planned Development Permit, and Environmental Impact Report shall be divided by the number of units within the entire tract (484 units); this amount will total the cost for condition compliance per lot. This cost shall be multiplied by the number of units within this proposal (87 units). This amount represents the applicant's cost for condition compliance. This deposit shall be made with the Department of Community Development prior to issuance of a Zoning Clearance for a building permit for construction of the first unit of the 87 units. SECTION 3. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 20TH DAY OF JULY 1994. ATTEST: Lillian E. qkd, City Clerk Paul W. Lawrason, Jr., May MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 94 -1051 was adopted by the City Council of the City of Moorpark at a meeting held on the 20th day of JULY 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 5th day of AUGUST 1994. PAUL W LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ Mayor Mayor Pro Tern Councilmember Councilmember 'A f� JOHN E. WOZNIAK Concilmember Printed on Recycled Paper