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Home My WebLink AboutRES CC 2011 3034 2011 0615RESOLUTION NO. 2011 -3034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 2010 -02, FOR 99 SINGLE - FAMILY AND DUPLEX HOMES WITHIN AN APPROVED SUBDIVISION (CANTERBURY LANE, VESTING TENTATIVE TRACT MAP NO. 5425), ON THE SOUTH SIDE OF LOS ANGELES AVENUE, EAST AND SOUTH OF FREMONT STREET, ON THE APPLICATION OF SHEA HOMES LP WHEREAS, on March 22, 2011, the Planning Commission adopted Resolution PC- 2011 -562, recommending conditional approval of Residential Planned Development Permit No. 2010 -02 on the application of Shea Homes LP for 99 single - family and duplex homes within an approved subdivision (Canterbury Lane, Vesting Tentative Tract Map No. 5425), on the south side of Los Angeles Avenue, east and south of Fremont Street; and WHEREAS, at a duly noticed public hearing held on June 15, 2011, 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 adopted a Mitigated Negative Declaration for the previously approved project on April 6, 2005, and since there have been no significant changes in the project or in the circumstances under which the project is undertaken and there is no new information that would affect the outcome of the environmental analysis, no further environmental documentation is required. 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, any applicable specific plans, zoning ordinance, and any other applicable regulations in that the buildings have been designed to be architecturally consistent with the surrounding neighborhood 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. 2011 -3034 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 buildings have been designed to be architecturally consistent with the surrounding residential properties in scale, colors, and materials. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Residential Planned Development Permit No. 2010 -02, subject to Special and Standard Conditions of Approval attached hereto and incorporated herein as Exhibit A. 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 15th day of June, 2011. ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A 4Jac�eUMParvih, Mayor Resolution No. 2011 -3034 Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT 2010 -02 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 one 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 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. To compensate for the removal of mature trees from this project site, enhanced landscaping, as determined by the Community Development Director, valued at $177,872.00 ($47,548.00 for Tract No. 5425 and $130,324.00 for Tract No. 5133) shall be distributed over both projects (Tract Nos. 5425 and 5133) and the recreation area to create a balanced and unified atmosphere in the development. 3. 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. 4. The front setback for each unit shall not be less than eighteen (18') feet. 5. The rear setback for each unit shall not be less than thirteen (13') feet. 6. There shall be no less than three (3') feet of clearance between side yard block walls and allowable interior protrusions. 7. The soundwall adjacent to Los Angeles Avenue shall be no less than eight (8') feet in height, when measured from inside of the project, with the final design and height to be approved by the Community Development Director and City Engineer /Public Works Director, subject to ultimate pad elevations. The design of the sound wall shall also provide for a pedestrian opening at Fremont Street subject to approval of the Community Development Director and City Engineer /Public Works Director. Resolution No. 2011 -3034 Page 4 8. 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 six (6) feet from the highest finished grade. 9. A solid decorative block wall, a minimum of eight feet (8) in height from the finished grade of the Fremont Street Tract and a minimum of six feet (6) in height from the finished grade of Tract 5425, shall be installed along the western boundary of the site, adjacent to the Fremont Street tract. Where possible, a single combined retaining /privacy wall, no less than eight feet (8') and no higher than ten feet (10) shall be provided. In the event that an alternative design is required, the Community Development Director may approve a stepped retaining wall with a privacy wall at the top of the slope. The final location and design, including wall heights, retaining walls and sound walls, shall be subject to approval by the Community Development Director. 10. 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. 11. Architectural enhancements, such as window reveals and plant -ons are required on side and rear elevations subject to the approval of the Community Development Director. 12. The detached housing units shall include articulation of the side walls, to avoid having an entire side of the building on a single plane, to the satisfaction of the Community Development Director. 13.This development shall be annexed to the same Homeowner's Association as Tract 5133 with all the same rights, privileges, and obligations, including use of the recreation area. 14. It shall be the responsibility of the homeowner association to maintain Fremont Street and other designated private streets, including sidewalks, curbs, gutters, pavement markings, and signage, where required, the front yards of the units within this subdivision, the recreation area(s), project private streets, common area landscaping, and walls and fences. The CC &Rs shall include a provision that maintenance of Fremont Street shall be on a similar schedule as other streets within the project and that the City may enforce this condition. The Community Development Director and City Engineer /Public Works Director shall make the final determination as to the extent of homeowner association maintenance to be included in the CC &Rs. 15. Pads 96 to 99 shall be designed in substantial conformance with Option "E" presented to the City Council to create a condition of consistent front yards on Fremont Street and consistent with the setback and parking requirements of this Residential Planned Development. The precise pad locations and orientation shall be approved by the Community Development Director prior to map recordation. These pads must have 10 foot side yard setbacks from existing Fremont Street properties, 18 foot wide driveways, and sufficient side -yard Resolution No. 2011 -3034 Page 5 landscaping to screen the units. The turnaround must be signed and striped for no parking. 16.Amenities for the affordable housing units required by the Development Agreement and Affordable Housing Agreement shall be identical to the base level of amenities provided in the market -rate units, and shall include but not be limited to concrete tile roofs, air conditioning /central heating, washer /dryer hookups, garbage disposal, built -in dishwasher, concrete driveway, automatic garage door opener, flooring, countertops, and window coverings to the satisfaction of the Community Development Director. 17. There shall be no storage of recreational vehicles of any type on any lot, driveway, or street within the subdivision. This requirement shall be reflected on the Homeowner's Association (HOA) Covenants, Conditions, and Restrictions (CCR's). 18. The final location of all community mailboxes must be approved by the Community Development Director and City Engineer /Public Works Director prior to installation. 19. Parking is restricted to the south side of the street for "B," "C," and "E," Streets; and to the west side for "A ", "F," and "G" Streets. Parking shall be allowed on both sides of, "D" Street and Majestic Court (approval of all street names shall follow the City's process). "No Stopping at Any Time" 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 /Public Works Director. 20. There shall be no street parking on "A" Street adjacent to Units 5, 44, and 45, and no street parking on Majestic Court adjacent to Unit 71. Curbs in this location shall be painted red, and "No Stopping at Any Time" 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 /Public Works Director. 21.All remainder areas that are not designated for homeowner use or vehicular maneuvering shall be landscaped, irrigated, and maintained by the Homeowner's Association as common area subject to the review and approval of the Community Development Director. 22. Noise attenuation construction shall be required on all units affected by the noise generated from Los Angeles Avenue to the satisfaction of the Community Development Director. At a minimum the following items shall be provided: a. All second story windows along Los Angeles Avenue shall be double glazed window assemblies or an equivalent with a minimum STC 33 rating. b. All rear and side entry doors of the homes on Pads 1 through 5, and Pad 45, shall be gasketed (jamb, head, sill) with interlocking or tube -type compression weather - stripping, or an effective equivalent. c. All exterior vents on the homes on Pads 1 through 5, and Pad 45, shall be directed away from Los Angeles Avenue in order to reduce noise transmissions into the house through vents and ducts. Resolution No. 2011 -3034 Page 6 23. Fremont Street shall not be opened to through traffic from Los Angeles Avenue. Access to and from Majestic Court shall not be permitted until access from Los Angeles is prohibited. All Fremont Street improvements shall be completed prior to the first residential occupancy of Tract 5425. 24. Enhanced exterior window treatment must be included on all elevations facing existing single -story homes and public rights -of -way, and all buildings must vary in roof design, color, and architectural details subject to review and approval of the Community Development Director. 25. The easement between Shea and the property to the south must be shown on the site plan, and all proposed gates and improvements needed to meet current stormwater quality regulations must be shown on the fence and wall plans, subject to the review and approval of the Community Development Director and City Engineer. This easement must be disclosed to the homeowners on the street shown as "G" Street, in a manner acceptable to the Community Development Director. Public access over "G" Street to the Arroyo Simi shall be reserved in perpetuity in a form to the satisfaction of the City Manager and City Attorney. - END - Resolution No. 2011 -3034 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2011 -3034 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of June, 2011, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 6th day of July, 2011. Maureen Benson, City Clerk (seal)