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HomeMy WebLinkAboutRES CC 2009 2841 2009 0715RESOLUTION NO. 2009 -2841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2009 -01 TO ALLOW A TWENTY (20) UNIT APARTMENT BUILDING ON APPROXIMATELY 0.9 ACRES AT 396-436 CHARLES STREET, ON THE APPLICATION OF THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA WHEREAS, June 23, 2009, the Planning Commission adopted Resolution No. PC- 2009 -546, recommending conditional approval of Residential Planned Development Permit No. 2009 -01 on the application of the Area Housing Authority of the County of Ventura for a two -story, twenty (20) unit apartment building with underground parking on approximately 0.9 acres at 396-436 Charles Street; and WHEREAS, at a duly noticed public hearing held on July 15, 2009, 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 Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 as a Class 32 exemption for in -fill development projects. 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, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: 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, the downtown specific plan, the zoning ordinance, and any other applicable regulations in that the building has been designed to be architecturally consistent with the requirements of the City of Moorpark Downtown Specific Plan which stipulates that new buildings must architecturally compatible with existing surrounding buildings and the character of the Downtown Specific Plan area; and, the project has been designed and conditioned to be consistent with all required safety codes, including the California Building Code and City of Moorpark Zoning Ordinance. Resolution No. 2009 -2841 Page 2 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 project has been designed to meet appropriate setback, parking, and design requirements. C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the building has been designed to be architecturally consistent with the surrounding residential properties in scale, colors, and materials. SECTION 2. DOWNTOWN SPECIFIC PLAN FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with the Downtown Specific Plan: A. The project is consistent with the City's General Plan and Specific Plan goals and policies in that it is consistent with Goal 3 of the Land Use Element of the General Plan which states "Provide a variety of housing types and opportunities for all economic segments of the community. This project provides twenty housing units restricted for lower income households. The density of this project is consistent with Chapter 5.1 of the Land Use Element of the General Plan, which states that "The City Council may approve a density bonus over the otherwise maximum residential density, consistent with the State Density Bonus Law (Section 65915 et seq. of the California Government Code) and any density bonus provisions contained in the City Municipal Code." B. The project is consistent with the City's Zoning Ordinance and the development requirements and design standards of the Downtown Specific Plan in that the building has been designed to be architecturally consistent with the requirements of the City of Moorpark Downtown Specific Plan which stipulates that new buildings must architecturally compatible with existing surrounding buildings and the character of the Downtown Specific Plan area. C. The project is compatible with existing and planned surrounding land use and development in that the building has been designed to be architecturally consistent with the surrounding residential properties in scale, colors, and materials; and conditioned to be consistent with all required safety codes, including the California Building Code and City of Moorpark Zoning Ordinance. D. The project is superior to a lower density design in that the increased density affords the ability develop the steep lot in a manner that provides additional housing opportunities that meet the overall development standards of the surrounding area, provides a superior architectural product, and provides adequate parking and recreational facilities. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Residential Planned Development Permit No. 2009 -01, subject to Special and Standard Conditions of Approval attached hereto and incorporated herein as Exhibit A. Resolution No. 2009 -2841 Page 3 SECTION 4. 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 15th day of July, 2009. ATTEST: Maureen Benson, Assistant City Clerk Attachment: Exhibit A (qJaice S. Pa in, Mayor Resolution No. 2009 -2841 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT 2009 -01 STANDARD CONDITION OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits as adopted by City Council Resolution No. 2009 -2799 (Exhibit A), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS This planned development permit will expire two (2) years from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 2. Prior to issuance of a building permit for this project, a housing agreement consistent with Chapter 17.64 of the Zoning Ordinance in a form acceptable to the City Council is required as part of the granting of a density bonus. Affordability shall be maintained for the life of the project. 3. An automatic security gate is required at the entrance to the subterranean garage. A minimum clear open width of fifteen (15') feet in each direction must be provided for separate entry/exit gates and a minimum twenty feet (20') for combined entry/exit gates. A Knox Box system must be installed or an EKey system, subject to the approval of the Community Development Director and the City Engineer. The method of gate control, including operation during power failure, is subject to review by the Fire Protection District. Gate plan details must be submitted to the Fire Protection District for approval prior to installation. A final acceptance inspection by the Fire Protection District is required prior to placing any gate into service. 4. The openings and ventilation on the subterranean garage must be designed such that a person can not enter or exit except through proper accesses. Such design can include decorative bars, or other methods, subject to the review and approval of the Planning Director. Resolution No. 2009 -2841 Page 5 5. Adequate interior security lighting must be provided within the subterranean garage. Such lighting shall be subject to the review of the City's Lighting Consultant and approval of the Planning Director and Police Chief. 6. Full accessibility must be provided to the upper outdoor deck, subject to the satisfaction of the Building Official. 7. The elevator must be designed to accommodate a gurney or stretcher, consistent with Chapter 30 of The California Building Code (Elevators and Conveying Systems) 8. Storage units must be assigned to the individual apartment units or reserved for guests in a manner to the satisfaction of the Planning Director. 9. Parking spaces must be assigned to the individual apartment units or reserved for guests in a manner to the satisfaction of the Planning Director. 10. Parking spaces must be maintained to be accessible for parking operable vehicles at all times. 11. Roof appurtenances are limited to necessary vents, and must be the same color as the roofing material and must be to the satisfaction of the Planning Director. 12. Downspouts must either be internal (not visible from the exterior of the building), or of an architectural design that complements the overall design of the buildings to the satisfaction of the Planning Director. 13. All windows on the apartment building must have decorative trim. Window surrounds adjacent to accessible areas must be constructed out of durable materials and may not have foam cores to the satisfaction of the Planning Director. 14. Window design must be consistent with the plans as submitted. Any mullions must be external. 15. All ground mounted utility boxes must be screened with landscaping and all gas, electric, and water meters must also be screened to the degree allowable by the utility companies, to the satisfaction of the Planning Director. The Planning Director may require that the meters and /or boxes be painted to match the exterior color of the building. 16. Any required railing at the top of slopes or retaining walls must be decorative, with detailed plans to be submitted for review and approval of the Planning Director prior to issuance of building permits. 17. Storage on the balconies, except for that which is integral to the design of the unit, is prohibited and to be enforced by the apartment manager. 18. Native trees, including but not limited to sycamores and other native trees, must be incorporated into the landscape plan, especially along the trail. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the city's Landscape Guidelines may be used in this development. Resolution No. 2009 -2841 Page 6 19. All requirements of the Disposition and Development Agreement shall apply. If there is a conflict in the requirements of the Disposition and Development Agreement and these conditions of approval, the requirements of the Disposition and Development Agreement shall take precedence. 20. Prior to the issuance of a building permit a Lot Line Adjustment shall be submitted to and approved by the City of Moorpark merging the three existing lots into one lot. Building permits will only be issued upon proof of recordation. -END- Resolution No. 2009 -2841 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2009 -2841 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of July, 2009, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, and Van Dam NOES: Mayor Parvin ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of July, 2009. Maureen Benson, Assistant City Clerk (seal)