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HomeMy WebLinkAboutRES CC 2002 2025 2002 1106RESOLUTION NO. 2002 -2025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP No. 5307 AND MINOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 FOR A SITE LOCATED AT THE NORTHWEST CORNER OF MILLARD AVENUE AND LOS ANGELES AVENUE, ON THE APPLICATION OF COLMER DEVELOPMENT COMPANY AND THE CITY OF MOORPARK WHEREAS, at a duly noticed public hearing on October 14, 2002, the City of Moorpark Planning Commission adopted Resolution No. PC- 2002 -431, recommending to the City Council approval of Major Modification No. 1 to Tentative Tract Map 5307 and Minor Modification No. 1 to Residential Planned Development Permit (RPD) No. 2001 -01 on the application of Colmer Development Company and the City of Moorpark to allow the addition of 0.33 acres of land located at the northwest corner of Millard Avenue and Los Angeles Avenue to be subdivided into three (3) lots and to be developed with three (3) single family detached residential units; and WHEREAS, at a duly noticed public hearing on November 6, 2002, the City Council considered Major Modification No. 1 to Tentative Tract Map 5307 and Minor Modification No. 1 to Residential Planned Development Permit (RPD) No. 2001 -01; and WHEREAS, at its meeting of November 6, 2002, the City Council conducted a public hearing, received public testimony, and 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. GENERAL PLAN AND ZONING CONSISTENCY: The City Council does hereby find that the aforementioned Major Modification to the Tentative Tract Map, and Minor Modification to the Residential Planned Development are consistent with the City's General Plan Zoning Map, subject to the approval of General Plan Amendment No. 2002 -04 and Zone Change 2002 -04. SECTION 2. ENVIRONMENTAL DOCUMENTATION: The City Council finds and declares as follows: Resolution No. 2002 -2025 Page 2 A. The Mitigated Negative Declaration and Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. B. The City Council has considered information in the environmental document in its deliberations of the project before making a decision concerning the project and the Mitigated Negative Declaration. C. The Mitigation Measures of this project have been incorporated into the project conditions. D. The City Council's approval of the project and the Mitigated Negative Declaration represents an independent action based upon the City Council's independent judgment. SECTION 3. SUBDIVISION FINDINGS: The City Council hereby adopts the following findings: Modification to Tentative Tract Map No. 5307, with imposition of the attached special and standard conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City of Moorpark General Plan and Zoning Ordinance. B. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark General Plan. C. The site is physically suitable for the type of development proposed. D. The site is physically suitable for the proposed density of development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 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. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. Resolution No. 2002 -2025 Page 3 SECTION 4. RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS: The City Council hereby adopts the following findings: The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that: A. The proposed project is compatible with the character of surrounding development. B. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. C. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. D. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. E. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 5. CITY COUNCIL APPROVAL: A. The City Council hereby approves Major Modification 1 to Tentative Tract Map No. 5307 and Minor Modification No 1 to Residential Planned Development 2001 -01 subject to the following special conditions of approval: All conditions of approval of Tentative Tract Map No. 5307 and Residential Planned Development Permit No. 2001 -01 shall continue to apply, and unless specifically directed to particular lots, shall apply to the additional 0.33 acres of land, except as amended herein. 1. Conditions of Residential Planned Development No. 2001- 01 and Tentative Tract 5307 which apply to all lots adjacent to Los Angeles Avenue shall apply to Lots 23, 24 and 25 as well, unless the Director of Community Development determines otherwise. 2. This approval permits the addition of 0.33 acres of land to Tentative Tract Map No. 5307, for the purpose of creating an additional three (3) lots within the tract. These additional lots will be used for the construction of affordable housing units. Income levels for prospective buyers of these units shall be determined by the City of Moorpark. Resolution No. 2002 -2025 Page 4 3. Lots 23, 24, and 25 shall be developed with Plan 3, approved as part of Residential Planned Development No. 2001 -01. The exterior building treatment for each unit shall be sufficiently different, as determined by the Community Development Director, so as to be distinct from one another. 4. The perimeter wall of Tract 5307 shall be extended to encompass the additional acreage. The extended wall shall be constructed of the same materials with the same treatments as the rest of the tract. The wall height shall be the same as the rest of the tract, except as noted herein. 5. The sound wall along Los Angeles Avenue shall be constructed of decorative block, with variation in color, texture and mass to create visual interest and soften the appearance. "Pilaster" elements incorporating different colors and textures shall be incorporated into the wall at least every 25 feet to break up the wall mass. Wall plans are subject to the approval of the Community Development Director. Wall pockets along Los Angeles Avenue shall be deleted. An appropriate planting palette, subject to the approval of the Community Development Director, shall be utilized to soften the appearance of the sound wall. Plant material used shall have low water demands and low maintenance needs. 6. Access to lots 23, 24, and 25 shall be through a 20- foot wide common driveway. Entrance to the driveway from "A" street shall be via a raised curb with driveway apron. This driveway shall extend only far enough to provide access to lot 25, but shall not connect, or appear to connect, to Millard Street. Precise design shall be to the satisfaction of the Community Development Director and the City Engineer. The applicant shall submit a reciprocal access and maintenance agreement, subject to the approval as to form by the City Attorney. The agreement shall be recorded on lots 23, 24, and 25. 7. A "hammerhead" turn - around area shall be located at the easterly end of "A" street. This shall meet the standards of the Fire Department, and shall be striped and signed, to the satisfaction of the Fire Department and the City Engineer, as a "No Parking" area. 8. The existing storm drain easement at the west side of Lot 23 shall be covered and graded to the level of the pad on Lot 23. This area shall be restricted to disallow construction or permanent improvements within Resolution No. 2002 -2025 Page 5 it to ensure accessibility to the culvert for maintenance purposes. 9. The sidewalk along Los Angeles Avenue shall may be reduced to a minimum width of 5 feet, with the approval of the Community Development Director and the City Engineer, providing areas suitable for the planting of trees and shrubs along the right of way. The location of the sidewalk shall be approved by the Community Development Director and the City Engineer. MITIGATION MEASURE CONDITIONS: 10. Prior to or concurrently with the submittal of building plans, the Applicant shall provide an acoustical study report to the Community Development Director that outlines the proposed program for compliance with the Noise Element Standards of 65 CNEL (Community Noise Equivalent Level) for exterior locations within the development and 45 CNEL for interior locations within the dwelling. 11. The applicant shall construct a sound wall along the southern property line of lots 1 through 11, and lots 23 through 25, along Los Angeles Avenue. The top of the sound wall must be 9.5 feet above the centerline surface of Los Angeles Avenue for lots 1 and 2, 10.5 feet above the centerline for lots 3 though 9, 11.5 feet above the centerline for lots 10 and 11, and 12.5 above the centerline for lots 23 through 25. The applicant shall construct a 5 to 6 foot wide planter between the wall and Los Angeles Avenue. This planter shall be planted in accordance with Condition No. 4, above. 12. The sound wall shall extend at least 20 feet to the north on the west side of lot 1, and at least 20 feet to the north on the east side of lot 25. These extensions shall then transition gradually down in height to a standard 6 feet. 13. To reduce the interior noise levels, a minimum window glass thickness of 3/16 -inch and a standard exterior wall of 5/8 -inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8 -inch lath and stucco, typical for single family residential developments shall be installed. 14. All second story windows along Los Angeles Avenue, as well as the Flory side of lot 1 and the Millard side of lot 25, shall be Milgard type 5120 double glazed window assemblies or an equivalent with a minimum STC 33 rating. Resolution No. 2002 -2025 Page 6 15. All rear and side entry doors of the homes on Lots 1 through 11, and lots 22 through 25, shall be gasketed (jamb, head, sill) with interlocking or tube -type compression weather - stripping, or an effective equivalent. 16. All exterior vents on the homes on Lots 1 through 11, and lots 22 through 25, shall be directed away from Los Angeles Avenue in order to reduce noise transmissions into the house through vents and ducts. 17. The applicant shall prepare an addendum to the previously prepared hydrology study, if deemed necessary by the City Engineer, to determine the appropriate size of the culvert. The culvert shall be constructed to the satisfaction of the City Engineer. B. The City Council approves Major Modification 1 to Tentative Tract Map No. 5307 and Minor Modification No 1 to Residential Planned Development 2001 -01 subject to the standard conditions of approval in Exhibit A (Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause certified resolution to be filed in the book of original solu ons. j [PASSED AND ADOPTED this � Il /p ATTEST: Deborah S. Traffenste t, City Clerk Exhibit A: Standard Conditions of Approval Exhibit B: Mitigation Monitoring Program Resolution No. 2002 -2025 Page 7 EXHIBIT A STANDARD CONDITIONS OF APPROVAL MAJOR MODIFICATION NO. 1 TO TENTATIVE TRACT MAP NO. 5307 AND MINOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 A. GENERAL CONDITIONS OF APPROVAL: 1. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Community Development Director and the City Engineer. 2. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. The approved Mitigation Monitoring and Reporting Program is included as an attachment to the approving resolution, and all mitigation measures are requirements of the Tentative Tract Map and Residential Planned Development Permit, as applicable. 3. All mitigation measures contained within the approved Mitigation Monitoring Report and Program (MMRP) are hereby adopted as requirements of the Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occurs and applicability for compliance is questioned by the Developer, the Community Development Director shall determine the applicable condition compliance requirements for each phase of development. 4. Berms and /or low retaining walls shall be utilized intermittently within the landscape planter areas along Los Angeles Avenue to add visual interest and soften the appearance of the sound walls, subject to the approval of the Community Development Director and the City Engineer. 5. Prior to the issuance of building permits, a landscape plan shall be prepared on the approved grading plan and submitted to the City for review, and approved by the Community Development Director. 6. Prior to the issuance of final occupancy for the first unit, the approved landscape plan shall be implemented, and be found to be in substantial compliance with the plan approved by the Community Development Director. Resolution No. 2002 -2025 Page 8 PYRTRTT R MITIGATION MONITORING PROGRAM MONITORING AND REPORTING REQUIREMENT FOR MITIGATION MEASURES: 1. Prior to the issuance of a grading permit, the City Engineer shall provide verification to the Community Development Director, that the proposed culvert to be placed in the storm drain easement along the west side of Lot 22 is properly sized to handle the expected flow. 2. Prior to the release of grading or improvement bonds the City Engineer shall verify that the construction of this culvert is satisfactory. 3. Prior to issuance of a building permit, the Building Official shall provide verification to the Community Development Director that the building permit plans comply with all noise mitigation measures imposed as conditions of approval. 4. Prior to occupancy of each unit, the Building Official shall ensure, by physical inspection, the compliance with these plans. Resolution No. 2002 -2025 Page 9 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2002 -2025 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of November, 2002, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Wozniak WITNESS my hand and the official seal of said City this 2nd day of January, 2003. Deborah S. Traffenste City Clerk (seal)