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HomeMy WebLinkAboutRES CC 2003 2106 2003 0702RESOLUTION NO. 2003 -2106 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, and July 2, 2003, 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, 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 Resolution No. 2003 -2106 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 "F" 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. Access to the first twenty -four (24) dwelling units shall be from Majestic Court. For more than twenty -four (24) Resolution No. 2003 -2106 Page 3 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 $60,000 for the design and installation of a traffic signal at Millard Street /Los Angeles Avenue when the design is approved by Caltrans. If Caltrans has not approved the conceptual design for the installation of a traffic signal at this location prior to occupancy of the 76th dwelling unit the applicant shall be relieved of this requirement. 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 41St 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 homeowner improvements to the individual homes and the exclusive use area 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 homes and exclusive use areas. This includes, but is 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 Resolution No. 2003 -2106 Page 4 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. 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 (131) 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 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 (401) foot curb to curb width. The total right -of -way design Resolution No. 2003 -2106 Page 5 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. The Community Development Director may require that the wall height along the eastern property line be increased to eight -feet in height to provide screening from the first story homes to the homes to the east. 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 minimum 6 -foot high decorative wall consisting of 4 -foot of block and 2- foot of tubular steel, or entirely of block, along the western boundary of the site. The wall location, final design, and construction shall be to the satisfaction of the Community Development Director and the City Engineer. Removal of the existing wall shall require prior written permission from the Regal Park Homeowners Association. 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 adjacent properties to the east. The precise design of the drainage system and required improvements 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 identified 100 -year floodplain or may be in it in the future. Additionally, the acknowledgement shall Resolution No. 2003 -2106 Page 6 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. 29. The landscape plan shall incorporate, to the satisfaction of the Community Development Director, natural vegetation in the transition area to the Arroyo at the southern portion of the development. 30. The applicant shall install a gate in the southern project boundary fence /wall. The gate shall be for access to the Arroyo by the project residents in the event that a trail is installed. The gate shall be locked until such time as a trail is installed and access is granted. SECTION 5. The this resolution and filed in the book of City Clerk shall certify shall cause a certified origina resol ions. PASSED AND ADOPTED ATTEST: to the adoption of resolution to be Deborah S. Traffens t, City Clerk Resolution No. 2003 -2106 Page 7 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. 2003 -2106 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of July, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 14th day of July, 2003. Deborah S. Traffenste , City Clerk (seal)