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HomeMy WebLinkAboutRES CC 2004 2213 2004 0707RESOLUTION NO. 2004 -2213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NOS. 2002 -03, 2002 -04, AND 2002 -05 FOR CONSTRUCTION OF A TOTAL OF 318 SINGLE - FAMILY, DETACHED DWELLING UNITS WITHIN SPECIFIC PLAN NO. 95 -02, LOCATED APPROXIMATELY ONE -HALF MILE NORTH OF THE NORTHERLY TERMINUS OF SPRING ROAD AND THREE - FOURTHS OF ONE MILE EAST OF WALNUT CANYON ROAD, ON THE APPLICATION OF PARDEE HOMES. (ASSESSOR PARCEL NUMBERS: 500 -0- 270 -07, 512 -0- 160 -55, 512 -0- 160 -70, 500 -0- 270 -19, 500 -0- 270-20, 512 -0- 160 -54, AND 500 -0- 024 -03) WHEREAS, on May 4, 2004, the Planning Commission adopted Resolution No. PC- 2004 -459, recommending approval to the City Council of Residential Planned Development Permit No. 2002 -03 for the construction of 95 single- family, detached dwelling units on 17.7 acres within Planning Area 1 of Specific Plan No. 95 -02; Residential Planned Development Permit No. 2002 -04 for the construction of 145 single- family, detached dwelling units on 38.4 acres within Planning Areas 2 and 3 of Specific Plan No. 95 -02; and Residential Planned Development Permit No. 2002 -05 for the construction of 78 single- family, detached dwelling units on 24.7 acres within Planning Area 4 of Specific Plan No. 95 -02, located approximately one -half mile north of the northerly terminus of Spring Road and three - fourths of one mile east of Walnut Canyon Road, on the application of Pardee Homes. (Assessor Parcel Numbers: portions of 500 -0- 270 -07, 512- 0 -160- 55, 512 -0- 160 -70, 500 -0- 270 -19, 500 -0- 270 -20, 512 -0- 160 -54, and 500 -0- 024 -03); and WHEREAS, at a duly noticed public hearing held on June 2, 2004 and July 7, 2004, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's determination that the projects are consistent with the findings of the Final Environmental Impact Report, and any amendments thereto, certified in connection with the Moorpark Highlands - Specific Plan No. 95 -02 and has considered information in the environmental document in its deliberations of the projects before making a decision concerning the projects. Resolution No. 2004 -2213 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, the Planning Commission's recommendation, 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 location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the General Plan, any applicable specific plans, zoning ordinance as amended by Zoning Ordinance Amendment No. 2002 -02, and any other applicable regulations; 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 the use proposed is similar to uses existing or proposed to the south and west, and access to or utility of those adjacent uses are not hindered by these projects. C. The proposed projects are planned land uses in the existing and planned land generally single- family, recreational uses, and the be sufficiently separated impacts. compatible with existing and surrounding area, in that the uses in the general area are detached residential uses, Waterworks facility, which will from these projects to avoid SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves: A. Residential Planned Development No. 2002 -03 to allow the construction of 95 single- family, detached dwelling units on 17.7 acres within Planning Area 1 of Specific Plan No. 95 -02, subject to conditions of approval attached as Exhibit A; B. Residential Planned Development Permit No. 2002 -04 for the construction of 145 single- family, detached dwelling units on 38.4 acres within Planning Areas 2 and 3 of Specific Plan No. 95 -02, subject to conditions of approval attached as Exhibit B; and C. Residential Planned Development Permit No. 2002 -05 for the construction of 78 single- family, detached dwelling units Resolution No. 2004 -2213 Page 3 on 24.7 acres within Planning Area 4 of Specific Plan No. 95 -02, subject to conditions of approval attached as Exhibit C; SECTION 3. 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 ATTEST: s Deborah S. Traffenst City Clerk Attachments: 1. Exhibit A - Residential 2. Exhibit B - Residential 3. Exhibit C - Residential Special and Standard Conditions of Approval for Planned Development Permit No. 2002 -03 Special and Standard Conditions of Approval for Planned Development Permit No. 2002 -04 Special and Standard Conditions of Approval for Planned Development Permit No. 2002 -05 Resolution No. 2004 -2213 Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2002 -03 SPECIAL CONDITIONS 1. This Residential Planned Development Permit shall not become effective .until Zoning Ordinance Amendment No. 2002- 02 takes effect. 2. In the event of any conflict between a condition of this Residential Planned Development permit and a requirement of the adopted Specific Plan, the requirement of the Specific Plan shall prevail, as determined by the Community Development Director. 3. The Pardee Homes architectural booklet titled "Moorpark Highlands," shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings, color and materials samples, and wall plans that have depicted the respective architectural styles and sub - styles shall be incorporated in the project as presented in the architectural manual. 4. Prior to the issuance of a Zoning Clearance for building permit for the first residential unit, the applicant shall submit wall plans to the Community Development Department for review and approval. The wall plans shall be approved prior to the issuance of the first building permit. 5. Within one year of the start of initial grading of Tract 5045, the applicant shall, at its sole cost and expense, remove the existing walls and fences along the west side of Spring Road between High Street and Los Angeles Avenue, and replace the existing walls and fences with new decorative walls and landscaping. The new walls shall be a minimum of six (6') feet in height, of a decorative material, and have a design acceptable to the Community Development Director. Wall plans shall be submitted to the Community Development Director for approval by the City Council within thirty (30) days of the issuance of a grading permit, or within thirty (30) days of the approval of this Residential Planned Development Permit, whichever is later. 6. At least twenty -five (25 %) percent of the dwellings, but no more than forty (40 %) percent, of the dwellings shall be represented by any one of the architectural styles. No Resolution No. 2004 -2213 Page 5 sub -style shall be represented by more than forty (400) percent of the dwellings for each architectural style. 7. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall prepare, and submit for approval, a minimum of three plans for the installation of an lattice - roofed patio cover in the rear yard of each floor plan proposed. These patio covers shall be offered as an option to home buyers, and the plans shall be made available to buyers in the event they decide to build the cover after they occupy the home. 8. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two - hundred (2001) feet of the side property line, as determined by the Community Development Director. 9. No more than twenty -five (250) percent of the lots within each Planning Area may be at the fifteen (151) foot minimum front yard setback. Front yard setbacks in excess of fifteen (151) feet but less than twenty (20') feet shall be permitted at the discretion of the Community Development Director. 10. Habitable area with a setback of less than twenty (201) feet shall be single story, with a maximum roof height of eighteen (18') feet. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. Resolution No. 2004 -2213 Page 6 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) 1 -year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial three -year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. S. All air conditioning or air exchange equipment shall: (a) be placed at ground level; (b) be placed only in the side or rear yard; (c) not be placed in a sideyard setback area within fifteen (151) feet of an opening window at ground floor level of any residential structure; and (d) not reduce the required sideyards to less than five (51) feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 7. Garages shall maintain a clear unobstructed dimension of twenty (201) feet in length and ten (101) feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. "Roll -up" garage doors shall be required for all garages. 8. Rain gutters and downspouts shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director) , sign programs, and landscaping and Resolution No. 2004 -2213 Page 7 irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002 -03. C. For compliance with the following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the following conditions please contact the Police Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- Resolution No. 2004 -2213 Page 8 EXHIBIT B SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2002 -04 SPECIAL CONDITIONS 1. This Residential Planned Development Permit shall not become effective until Zoning Ordinance Amendment No. 2002- 02 takes effect. 2. In the event of any conflict between a condition of this Residential Planned Development permit and a requirement of the adopted Specific Plan, the requirement of the Specific Plan shall prevail, as determined by the Community Development Director. 3. The Pardee Homes architectural booklet titled "Moorpark Highlands," shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings, color and materials samples, and wall plans that have depicted the respective architectural styles and sub - styles shall be incorporated in the project as presented in the architectural manual. 4. At least twenty -five (250) percent of the dwellings, but no more than forty (40 %) percent of the dwellings shall be represented by any one of the architectural styles. No sub -style shall be represented by more than forty (40 %) percent of the dwellings for each architectural style. S. Within one year of the start of initial grading of Tract 5045, the applicant shall, at its sole cost and expense, remove the existing walls and fences along the west side of Spring Road between High Street and Los Angeles Avenue, and replace the existing walls and fences with new decorative walls and landscaping. The new walls shall be a minimum of six (6') feet in height, of a decorative material, and have a design acceptable to the Community Development Director. Wall plans shall be submitted to the Community Development Director for approval by the City Council within thirty (30) days of the issuance of a grading permit, or within thirty (30) days of the approval of this Residential Planned Development Permit, whichever is later. 6. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall prepare, and submit for approval, a minimum of three plans for the installation of Resolution No. 2004 -2213 Page 9 an lattice - roofed patio cover in the rear yard of each floor plan proposed. These patio covers shall be offered as an option to home buyers, and the plans shall be made available to buyers in the event they decide to build the cover after they occupy the home. 7. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two- hundred (200') feet of the side property line as determined by the Community Development Director. 8. No more than twenty -five (25o) percent of the lots within each Planning Area may be at the fifteen (15') foot minimum front yard setback. Front yard setbacks in excess of fifteen (151) feet but less than twenty (201) feet shall be permitted at the discretion of the Community Development Director. 9. Habitable area with a setback of less than twenty (20') feet shall be single story, with a maximum roof height of eighteen (181) feet. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her Resolution No. 2004 -2213 Page 10 discretion, grant up to two (2) 1 -year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial 3 -year period and the Applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. 5. All air conditioning or air exchange equipment shall: (a) be placed at ground level; (b) be placed only in the side or rear yard; (c) not be placed in a sideyard setback area within fifteen (15') feet of an opening window at ground floor level of any residential structure; and (d) not reduce the required sideyards to less than five (51) feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 7. Rain gutters and downspouts shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices, as determined by the City Engineer. 8. Garages shall maintain a clear unobstructed dimension of twenty (20') feet in length and ten (10') feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. "Roll -up" garage doors shall be required for all garages. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. Resolution No. 2004 -2213 Page 11 B. For compliance with the following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002 -03. C. For compliance with the following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the following conditions please contact the Police Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- Resolution No. 2004 -2213 Page 12 EXHIBIT C SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2002 -05 SPECIAL CONDITIONS 1. This Residential Planned Development Permit shall not become effective until Zoning Ordinance Amendment No. 2002- 02 takes effect. 2. In the event of any conflict between a condition of this Residential Planned Development permit and a requirement of the adopted Specific Plan, the requirement of the Specific Plan shall prevail, as determined by the Community Development Director. 3. The Pardee Homes architectural booklet titled "Moorpark Highlands," shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings, color and materials samples, and wall plans that have depicted the respective architectural styles and sub - styles shall be incorporated in the project as presented in the architectural manual. 4. No more than forty (400) percent, but no less than twenty (200) percent, of the dwellings shall be represented by any one of the architectural styles and no sub -style shall be represented by more than forty (400) percent of the maximum number of dwellings allowed for the primary architectural style. S. Within one year of the start of initial grading of Tract 5045, the applicant shall, at its sole cost and expense, remove the existing walls and fences along the west side of Spring Road between High Street and Los Angeles Avenue, and replace the existing walls and fences with new decorative walls and landscaping. The new walls shall be a minimum of six (6') feet in height, of a decorative material, and have a design acceptable to the Community Development Director. Wall plans shall be submitted to the Community Development Director for approval by the City Council within thirty (30) days of the issuance of a grading permit, or within thirty (30) days of the approval of this Residential Planned Development Permit, whichever is later. Resolution No. 2004 -2213 Page 13 6. Prior to the issuance of a Zoning Clearance for Building Permits, the applicant shall prepare, and submit for approval, plans for the installation of an open patio cover in the rear yard of each floor plan proposed. These patio covers shall be offered as an option to home buyers, and the plans shall be made available to buyers in the event they decide to build the cover after they occupy the home. 7. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two - hundred (200') feet of the side property line, as determined by the Community Development Director. 8. No more than each Planning front yard E fifteen (15') permitted at Director. twenty -five (250) percent of the lots within Area may be at the fifteen (15') foot minimum �etback. Front yard setbacks in excess of feet but less than twenty (20') feet shall be the discretion of the Community Development STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. 3. Unless the Residential Planned Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) 1 -year extensions for project inauguration if Resolution No. 2004 -2213 Page 14 there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial three -year period and the Applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. 5. All air conditioning or air exchange equipment shall: (a) be placed at ground level; (b) be placed only in the side or rear yard; (c) not be placed in a sideyard setback area within fifteen (15') feet of an opening window at ground floor level of any residential structure; and (d) not reduce the required sideyards to less than five (5') feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 7. Garages shall maintain a clear unobstructed dimension of twenty (20') feet in length and ten (10') feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. "Roll -up" garage doors shall be required for all garages. 8. Rain gutters and downspouts shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. Resolution No. 2004 -2213 Page 15 B. For compliance with the following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002 -03. C. For compliance with the following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the following conditions please contact the Police Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- Resolution No. 2004 -2213 Page 16 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2004 -2213 adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th of July, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Mikos, Millhouse, Parvin WITNESS my hand and the official seal of said City this 23rd day of July, 2004. Deborah S. Traffenste , City Clerk (seal) 9