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HomeMy WebLinkAboutRES CC 2010 2895 2010 0317RESOLUTION NO. 2010 -2895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 1998 -01, A REQUEST TO RELOCATE THE REQUIRED RECREATION CENTER FROM THE SOUTHEAST CORNER OF VESTING TENTATIVE TRACT MAP NO. 5425 TO THE WESTERN EDGE OF VESTING TENTATIVE TRACT MAP NO. 5425, NORTH OF MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES, INC. WHEREAS, at a duly noticed public hearing held on December 16, 2009, January 20, 2010, February 17, 2010, and March 17, 2010, 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 this project would not change any findings contained in the environmental documentation prepared for the permit. SECTION 1. MODIFICATION 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: 1. The modification will not alter any of the findings of the original approval of Residential Planned Development 1998 -01. 2. The modification will not alter any of the findings in the environmental document prepared for Residential Planned Development 1998 -01 and will have no adverse impacts on the environment. 3. The modification will not have any adverse impact on surrounding properties. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Modification No.1 to Residential Planned Development No. 1998 -01 (Study 2 in March 17, 2010 staff report), subject to Conditions of Approval attached hereto and incorporated herein as Exhibit A. Resolution No. 2010 -2895 Page 2 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 this 17th day of March, 2010. ATTEST: Maureen Benson, Assistant City Clerk Exhibit A: Conditions of Approval �nia S. Parvin, Mayor Resolution No. 2010 -2895 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT 1998 -01 1. The permit is granted for the land and project as identified on the entitlement application for a Modification and as shown on the attached, approved plans. The location and design of all site improvements shall be as shown on the approved plot plans and elevations (Study 2 in March 17, 2010 staff report), except or unless indicated otherwise by conditions within this letter. 2. All Conditions of Approval for Residential Planned Development (RPD) No. 1998- 01 as amended are incorporated by reference in this approval letter and shall continue to apply unless specifically modified by this Modification No. 1. 3. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 4. This Modification expires one (1) year 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 must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. 5. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 6. Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings Resolution No. 2010 -2895 Page 4 against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action or proceeding in good faith. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 10. Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. 11. Prior to the issuance of any additional building permits, the applicant shall provide cash surety in a form acceptable to the Community Development Director and City Engineer /Public Works Director to comply with all conditions in Resolution No. 2010 -2895 Page 5 the July 27, 2006 Agreement Regarding Conditions of Approval (Tract 5133) by and between the City of Moorpark and Shea Homes Limited Partnership. Compliance shall be met on all conditions prior to the issuance of a Zoning Clearance for construction of the 68th housing unit in Tract Map No. 5133, with the exception of the completion of Majestic Court to Fremont Street to the east. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit in Tract Map No. 5133, the applicant shall provide plans for the improvement and dedication of Majestic Court from the easterly boundary of Tract 5133 to the existing terminus of Fremont Street to the satisfaction of the City Engineer /Public Works Director, and consistent with the design standards as shown on Vesting Tentative Tract Map No. 5425 as conditioned by Resolution No. 2005 -2304. Street improvements must be completed and an irrevocable offer of dedication for public street purposes must be provided to the satisfaction of the City Engineer /Public Works Director prior to issuance of a Zoning Clearance for occupancy of the 73rd unit in Tract Map No. 5133, or December 31, 2010, whichever occurs first. The developer shall disclose this condition in writing to any prospective buyers for Units 73, 74, 75, 76 and 77 and provide the City with a written acknowledgement from the buyer in a form acceptable to the City Manager and City Attorney prior to the issuance of a Zoning Clearance for construction of these units. 12. Prior to the issuance of a Zoning Clearance for construction of the recreation area, site and security plans shall be submitted for review and approval of the Moorpark Police Department that incorporate appropriate CPTED (Crime Prevention Through Environmental Design) features. 13. Prior to the issuance of a Zoning Clearance for construction of the recreation area, lighting plans shall be submitted for review by the City's Lighting Consultant to ensure that lighting is in compliance with the standards of the Zoning Ordinance to the satisfaction of the Community Development Director. 14. Prior to the issuance of a Zoning Clearance for construction of the recreation area, the applicant shall request that the City Council approve a resolution to enforce California Vehicle Codes (CVC) on all private streets in Tract Map No. 5133 and Vesting Tentative Tract Map No. 5425, including Fremont Street as permitted by the CVC. A $5,000 fee shall be provided to the City by the applicant with this request to cover the creation and operation of a preferential parking district on Fremont Street. No parking shall be permitted on the west side of Fremont Street adjacent to the recreation center, with appropriate signage /curb painting to the satisfaction of the City Engineer /Public Works Director. 15. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit in Tract Map No. 5133, the applicant shall obtain a building permit for construction of the recreation area and tot lot. The recreation area plans must include a minimum 1,000 square -foot clubhouse /restroom building, minimum 1,000 square -foot pool, wading pool, spa, deck area and tot lot, along with an Resolution No. 2010 -2895 Page 6 eight (8) foot high wall on the north property line, subject to the review and approval of the Community Development Director. Improvements must be completed and available for use prior to the issuance of a Zoning Clearance for occupancy of the 73rd unit in Tract Map No. 5133. The developer shall disclose this condition in writing to any prospective buyers for Units 73, 74, 75, 76 and 77 and provide the City with a written acknowledgement from the buyer in a form acceptable to the City Manager and City Attorney prior to the issuance of a Zoning Clearance for construction of these units. 16. Prior to the issuance of a Zoning Clearance for construction of the 61st housing unit in Tract Map No. 5133, the applicant shall provide the City with an irrevocable offer of dedication for the public right -of -way along Los Angeles Avenue as required by Vesting Tentative Tract Map No. 5425 and shall enter an agreement with the City, with the provision of either a cash security or lien on the Vesting Tentative Tract Map No. 5425 property in a form acceptable to the City Manager and City Attorney, to compensate the City for improvements to Los Angeles Avenue as required by Vesting Tentative Tract Map No. 5425 as conditioned by Resolution No. 2005 -2304 and Ordinance No. 313. 17. Prior to the issuance of a Zoning Clearance for construction of the 61st housing unit in Tract Map No. 5133, a permanent and irrevocable access easement shall be provided along Millard Street south of Majestic Court to allow vehicular and pedestrian access for construction, future occupants, and public agencies and utilities for the approximately 1.34 -acre parcel owned by the City and /or Redevelopment Agency on the west side of Millard Street (APN: 506 -0- 020 -525), subject to final wording approval by the City Manager and City Attorney. 18. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit in Tract 5133, all fences /walls along the western lot boundary must be in place to the satisfaction of the Community Development Director. 19. Prior to issuance of a Zoning Clearance for occupancy of the recreation area, the Homeowners' Association rules for use of the recreation area must include provisions that a.) the recreation area may not be reserved for any special event other than a Homeowners' Association general meeting; b.) alcoholic beverages are not permitted within the recreation area; and c.) the recreation area may only be used between the hours of 7:00 a.m. and 10:00 p.m. daily (The HOA may adopt stricter time limits), and that routine maintenance will only be performed Monday through Friday between 8:00 a.m. and 5:00 p.m. The time restrictions and prohibition on alcoholic beverages must also be posted within the recreation area to the satisfaction of the Community Development Director. Items a, b, and c can only be changed by action of the City Council through a Permit Adjustment. 20. Prior to issuance of a Zoning Clearance for occupancy of the recreation area, the parking spaces for the recreation area must be posted for "No Parking — Subject to Tow Away" for the hours of 10:00 p.m. to 7:00 a.m. daily to the satisfaction of the Community Development Director. Resolution No. 2010 -2895 Page 7 21. Prior to issuance of a Zoning Clearance for occupancy of the recreation area, the developer must provide evidence of a contract for private security patrol services for the recreation area Thursdays through Sundays, April through October at a minimum with staffing, days, and hours of patrol to the satisfaction of the Community Development Director and Chief of Police. Unless determined by the City Council through the approval of a Permit Adjustment after occupancy of the eighty -sixth (86th) unit of Vesting Tentative Tract Map No. 5425 that the private security patrol service is no longer needed, the service must be maintained for the life of the project. - End - Resolution No. 2010 -2895 Page 8 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. 2010 -2895 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of March, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 28th day of April, 2010. Maureen Benson, Assistant City Clerk (seal)