Loading...
HomeMy WebLinkAboutRES CC 2010 2936 2010 0707RESOLUTION NO. 2010 -2936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT NO. 2009 -02, A REQUEST TO CONSTRUCT 133 DETACHED SINGLE - FAMILY HOMES AND A PRIVATE RECREATIONAL FACILITY; AND TENTATIVE TRACT MAP NO. 5860, A REQUEST TO SUBDIVIDE THE 21.8 ACRE PROPERTY INTO 133 RESIDENTIAL LOTS WITH PRIVATE STREETS LOCATED AT THE SOUTHEAST CORNER OF ELK RUN LOOP AND RIDGECREST DRIVE, ON THE APPLICATION OF PARDEE HOMES WHEREAS, at a duly noticed public hearing on June 15, 2010, the Planning Commission adopted Resolution No. PC 2010 -555, recommending approval to the City Council of Residential Planned Development No. 2009 -02, a Request to Construct 133 Detached Single - Family Homes and a Private Recreational Facility and Tentative Tract Map No. 5860, a Request to Subdivide the 21.8 Acre Property Into 133 Residential Lots with Private Streets, located at Southeast Corner of Elk Run Loop and Ridgecrest Drive on the application of Pardee Homes; and WHEREAS, at a duly noticed public hearing held on July 7, 2010, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and on July 7, 2010 reached a decision on this matter; and WHEREAS, the City Council, prior to making its decision on this project, has considered the Final EIR (SCH No. 96041030) prepared and certified for the Moorpark Highlands Specific Plan No. 2 project and Addendum No. 1 to this Final EIR, prepared for Amendment No. 2 to Moorpark Highlands Specific Plan No. 2 pursuant to the California Environmental Quality Act (CEQA) in accordance with Sections 15162 and 15164 of the California Code of Regulations (CEQA Guidelines). No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of the proposed amendments to the project. 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, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: Resolution No. 2010 -2936 Page 2 1. The proposed project site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan, Specific Plan No. 2 and Zoning Ordinance, with amendments proposed by Amendment No. 2 to Specific Plan No. 2, in that the proposed project will provide for the orderly development of land identified in the City's General Plan, Specific Plan No. 2 and Zoning Ordinance as appropriate for residential development within Planning Area No. 7, to be compatible with the developed residential neighborhoods within the Moorpark Highlands, and; 2. The site design of the proposed project 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 north, south, east and west, and access to adjacent uses is not hindered by this project; and 3. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single - family detached homes and open space throughout the Moorpark Highlands master planned community of similar densities. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report and accompanying maps and studies the City Council has determined that the Tentative Tract Map No. 5860, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if the Specific Plan No. 2 is amended to change the school site to Residential Planned Development with approval of Zoning Ordinance Amendment No. 2009 -01 to allow for a Residential Planned Development at a density up to one (1) unit per 6.1 acres. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if the Specific Plan is amended to change the school site to Residential Planned Development to allow for a density up to one (1) unit per 6.1 acres. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. Resolution No. 2010 -2936 Page 3 D. The site is physically suitable for the proposed density of development of one (1) unit per 6.1 acres, in that all City Development standards would be met by the proposed project while preserving 2.8 acres of the project site as landscaped open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design, conditions, or implementation of approved mitigation measures as adopted with the original final Environmental Impact Report (SCH# 96041030) for the project, as presented in the Addendum to the Final EIR for Specific Plan No. 2. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 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, in that access easements are provided into Tract 5860 and use of the public streets developed with Tract 5045 to the north and west of the site have been identified and incorporated in the design of this project. 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. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 785 and 850 feet, away from any public waterways. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Residential Planned Development No. 2009 -02 and Tentative Tract Map No. 5860, subject to the special and standard Conditions of Approval for Residential Planned Development No. 2009 -02 and Tentative Tract Map No. 5860 included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. 2010 -2936 Page 4 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 7th day of July, 2010. ATTEST: Maureen Benson, Assistant City Clerk Jan' a S. Parvin, Mayor Exhibit A — Standard and Special Conditions of Approval Resolution No. 2010 -2936 Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMINT N0. 2009 -02 AND TRACT NO. 5860 STANDARD CONDITIONS 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 1. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a master plotting plan must demonstrate that for house floor plans 2, 3 and 4, there are no less than 20% or no more than 40% of any one of the floor plan, to the satisfaction of the Community Development Director. 2. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a master plotting plan must demonstrate that at least three architectural styles, (i.e. Early California, Craftsman, French and Italian) must be provided per floor plan with no less than 20% nor more than 40% of any one architectural style used per floor plan, and side by side houses of the same floor plan must use different architectural styles to the satisfaction of the Community Development Director. 3. Prior to the issuance of the first building permit for a residential unit within Tract 5860, final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style, consistent with proposed design guidelines, to the satisfaction of the Community Development Director. 4. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a master plotting plan must demonstrate that no adjacent units, (side by side) will be allowed to use the same colors and materials palette to the satisfaction of the Community Development Director. 5. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall submit garage door specifications, and the garage door designs must include paint treatment and be decorative sectional roll up garage doors, and must including garage window glazing, and the doors must be compatible with the architectural style of each home including the affordable residences, to the satisfaction of the Community Development Director. 6. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall submit construction plan details for plan check and the trim on the ground floor levels of the homes must be constructed of durable materials, Resolution No. 2010 -2936 Page 6 (i.e. wood window trim or V minimum cementous stucco coat over foam), to the satisfaction of the Community Development Director. 7. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the secondary access must be designed with radius curb returns on both ends of the proposed second access, (residential driveway aprons are prohibited); the grade on the second access must not exceed a six percent change in grade within any ten -foot section; the final paving plan within the street section of the access must be decorative, including but not limited to the use of colored stamped concrete, paving stones or a combination thereof; and a signing and striping plan must be submitted showing no left turns into and out of the secondary access, to the satisfaction of the Public Works Director /City Engineer and Community Development Director. 8. Prior to the issuance of the first building permit for a residential unit within Tract 5860, landscaping plans for the areas adjacent to the secondary access must include enhanced landscaping with specimen species of trees and shrubs, and must be submitted to the satisfaction of the Landscape / Parks Maintenance Superintendent. 9. Prior to final occupancy of any homes within 200' of an "L" intersection with a modified knuckle, in order to improve the function of the modified knuckle design and to provide adequate width and curb radii to meet emergency vehicle requirements with the modified design, the inside curb cut through the radius, and an extra 15 feet into and out of the curb return, must be painted red by the applicant to prohibit parking around curves, and this design must be shown on the private street improvement plans to the satisfaction of the Public Works Director /City Engineer and Community Development Director. 10. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall provide a minimum of three standard plans demonstrating front yard decorative hardscape features and driveways, including but not limited to the use of decorative pavers, and colored and stamped concrete, to be used for the construction of the front yard hardscape of the residential units to the satisfaction of the Community Development Director. 11. Prior to the issuance of occupancy for any residential unit within Tract 5860, the applicant shall install front yard landscaping for each residential property according to a front yard landscaping and irrigation plan which must be submitted to the satisfaction of the Landscape / Parks Maintenance Superintendent and the Community Development Director. 12. Prior to the issuance of the first building permit for a residential unit within Tract 5860, the applicant shall include in the HOA maintenance budget and prepare CC &Rs to address the following: a. the HOA maintenance of the residential front yards, to be included in the CC &Rs; Resolution No. 2010 -2936 Page 7 b. the HOA maintenance of the painted red curbs on private streets within Tract 5860, including a requirement that the red curbs be painted no less than annually by the HOA, to be included in the CC &Rs; c. a disclosure to be included in the CC &Rs to notify any potential buyer of any property within Tract 5860 adjacent to the public park, disclosing to the potential buyer information that the park is publicly open and accessible until 10:OOPM and includes sport court lighting available until 10:OOPM; d. a disclosure to be included in the CC &Rs to notify any potential buyer of any property adjacent to multi use trail easements within Tract 5860, to disclose that the multi -use trail is publicly open and accessible; e. a disclosure to be included in the CC &Rs to notify any potential buyer of any property within Tract 5860, disclosing to the potential buyer information of the planned construction of roadway improvements on the State Route 23 alternate route. The CC &Rs shall disclose potential impacts associated with these improvements, including, but not limited to noise and light impacts. An acknowledgement that planned construction of future roadway improvements on the SR 23 alternate route shall be signed by any potential buyer of any property within Tract 5860, and the original signed notices and completed acknowledgements shall be provided to the Community Development Department prior to the issuance of a zoning clearance for occupancy of each unit, and copies shall also be kept on file by the developer. f. the language of the CC &Rs and disclosures must be submitted to the City Attorney for review, with an initial $2,000.00 deposit to cover review costs; g. and the language of the CC &Rs must be determined acceptable by the Community Development Director and the City Attorney and recorded with the Ventura County Recorder's Office. 13. Prior to recordation of Final Map, the applicant shall create sub - landscape maintenance district for annexation into the existing Moorpark Highlands Landscaping Maintenance District, incorporating all landscape areas of Tract 5860, that are visible from public rights of way, including but not limited to the frontages of Elk Run Loop and Ridgecrest drive, including the slopes adjacent to Ridgecrest Drive, and the easement for the Multi -use trail and landscaping, providing the connection to the Mammoth Highlands park and areas visible from SR -23 alternate route, to the satisfaction of the Public Works Director /City Engineer, Parks and Recreation Director, and Community Development Director. 14. Prior to occupancy of the first residential unit, the applicant shall provide additional roadway improvements to the Elk Run Loop public right -of -way between Ridgecrest Drive and Grottoes Way in the form of a raised landscaped median to the satisfaction of the Public Works Director /City Engineer and Community Development Director. 15. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a decorative wall must be installed along the south property line, to be a minimum of 6.5' in height due to lots located adjacent to public park location, and the wall plans must be submitted for review, to the satisfaction of the Community Development Director. Resolution No. 2010 -2936 Page 8 16. Prior to the issuance of the first building permit for a residential unit within Tract 5860, a decorative fence plan for the private recreation facility must be submitted for review, to the satisfaction of the Community Development Director. 17. Prior to issuance of the building permit for the one - hundredth (100th) residential unit, the applicant must prepare a sound wall plan for the construction of a sound wall along the right -of -way for SR -23 alternate route, consistent with review and approval of an acoustical assessment, demonstrating the location, decorative materials and height of the sound wall to the satisfaction of the Public Works Director /City Engineer and Community Development Director and the developer shall provide a deposit to the City for the estimated cost of the construction of this soundwall in lieu of completing the construction before the SR -23 alternate route is completed. 18. Prior to the issuance of the first building permit for a residential unit, that applicant shall submit improvement plans providing for the replacement of Specific Plan required Class I Bike Path on the northern side of Planning Area No. 7, with an 8- foot Class II Bike Path on the northern and southern sides of Ridgecrest Drive and along the western frontage of the project site on Elk Run Loop, with design specifications to the satisfaction of the Public Works Director /City Engineer, Parks and Recreation Director, and Community Development Director. 19. Prior to the issuance of the building permit for the 100th housing unit, the applicant shall improve and dedicate to the City a 12 -foot wide multipurpose trail within a minimum 25 -foot wide easement from Ridgecrest Drive to the Mammoth Highlands Park. The trail improvements shall consist of trail fencing, trail bollard lighting, decomposed granite trail surface, and landscaping on both the east and west sides of the trail consisting of 24 -inch box trees and 5- gallon shrubs, along with trees screening the easterly fence of Moorpark Highlands Park. The plan for the multi use trail must comply with Federal, State and Local accessibility codes and ordinances and the design of the trail connections shall be to the satisfaction of the Public Works Director /City Engineer, Parks and Recreation Director, and Community Development Director. -End - Resolution No. 2010 -2936 Page 9 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 -2936 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of July, 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 21st day of July, 2010. Maureen Benson, Assistant City Clerk (seal)