HomeMy WebLinkAboutRES PC 2005 0468 0104RESOLUTION NO. PC- 2005 -468
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF ZONING ORDINANCE AMENDMENT NO. 2004 -05, TO
AMEND DEVELOPMENT STANDARDS WITHIN SPECIFIC PLAN NO. 2
AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NOS. 2004-
02 AND -03 FOR CONSTRUCTION OF A TOTAL OF 132 SINGLE -
FAMILY, DETACHED DWELLING UNITS WITHIN SPECIFIC PLAN
NO. 2, 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, 500 -0- 027 -08, 500 -0- 270 -19, 500- 0 -270-
20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0-
024-23)
WHEREAS, at a duly noticed public hearing on January 4,
2005, the Planning Commission considered Zoning Ordinance
Amendment No. 2004 -05, to amend development standards within
Specific Plan No. 2, Residential Planned Development Permit No.
2004 -02 for the construction of 37 single- family, detached
dwelling units on 28.4 acres within Planning Area 8 of Specific
Plan No. 2, and Residential Planned Development Permit No. 2004-
03 for the construction of 95 single- family, detached dwelling
units on 92.4 acres within Planning Areas 9 of Specific Plan No.
2 on the application of Pardee Homes; and
WHEREAS, at its meeting of January 4, 2005, the Planning
Commission 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 Planning Commission concurs with the Community
Development Director's determination that the projects are
consistent with the findings of the Environmental Impact Report,
and any amendments thereto, approved in connection with the
Moorpark Highlands - Specific Plan No. 2.
NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning
\ \mor_pri —sery \City Share \Community Development \ADMIN \COMMISSION \Final Reso \pc 468 RPD 2004 -01 &
-03 (Pardee).doc
Resolution No. PC- 2005 -468
Page 2
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040(C):
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, with the
adoption of Zoning Ordinance Amendment No. 2004 -05.
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, east and west,
and access to or utility of those adjacent uses are not
hindered by this project.
C. The proposed uses are compatible with existing and proposed
uses in the surrounding area, in that the existing and
proposed uses in the area are generally single - family,
detached residences, recreational uses, and the Waterworks
facility, which will be sufficiently separated from this
project to avoid impacts.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The
Planning Commission recommends to the City Council approval of:
A. Zoning Ordinance Amendment No. 2004 -05, to amend
development standards within Specific Plan No. 2 as shown
in Exhibit A; and
B. Residential Planned Development Permit No. 2004 -02 for the
construction of thirty -seven (37) single - family, detached
dwelling units on 28.4 acres within Planning Area 8 of
Specific Plan No. 2 per Special and Standard Conditions of
Approval as shown in Exhibit B; and
C. Residential Planned Development Permit No. 2004 -03 for the
construction of ninety -five (95) single- family, detached
dwelling units on 92.4 acres within Planning Area 9 of
Specific Plan No. 2 per Special and Standard Conditions of
Approval as shown in Exhibit C.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
Resolution No. PC- 2005 -468
Page 3
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners DiCecco, Landis and Taillon, Vice
Chair Peskay and Chair Pozza
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 4th day of Janua 2005.
cott Pozza C it
ATT ST:
Ba ry Ho Ulopmer mm n`ty D t Director
Exhibit A: Proposed Zoning Ordinance Amendment 2004 -05.
Exhibit B: Special and Standard Conditions of Approval for
Residential Planned Development Permit No. 2004 -02.
Exhibit C: Special and Standard Conditions of Approval for
Residential Planned Development Permit No. 2004 -03.
Resolution No. PC- 2005 -468
Page 4
EXHIBIT A
PROPOSED REVISIONS
Zoning Ordinance Amendment 2004 -05
(revised text-in Italics, deletions in S rikee.,_ text)
Section 17.74.040.1 Single - family residential site development
standards.
A. Specific Plan No. 2 Residential Planned Development
Single- Family (SP2- RPD -SF) 1.3 -2.5 du /ac Zone. Planning Areas
(P.A.) 8 and 9.
1. Minimum Lot Area: ten thousand (10,000) square feet.
2. Building Setbacks:
a. Front setback minimum for ten thousand (10,000) square
foot lots is thirty (30') feet. The front setback m=inimum for
thirty- thousand (30,000) square foot lots is thirty -five (35')
feet. The front setbacks for the proposed single - family dwelling
units shall be varied so as to provide visual diversity. There
shall be a minimum of five (51) feet variation with variatien of five (5') feet for the front setback between
adjacent lots, with no more than two (2) adjacent lots having
the same front setback. This variation may be reduced to three
(3') feet at the discretion of the Community Development
Director where a variation of five (51) feet on a given lot will
result in non - compliance with rear yard setback requirements or
other Dwelling units constructed with garages having a curved
or swing driveway, with the entrance to the garage facing the
side or rear property line, shall have a minimum front setback
of fifteen (151) feet.
b. Side yard setback minimum for a single - family dwelling
unit on a ten - thousand (10,000) square foot minimum lot is ten
percent (loo) of the lot frontage. However, the setback can be
reduced to a minimum of seven (7') feet if a twenty (20') foot
separation is maintained between adjacent structures. On
irregularly shaped lots, a minimum side setback of seven (7')
feet may be permitted at the discretion of the Community
Development Director, so long as the average separation between
the subject building and the adjacent building is at least
twenty (20') feet. For a thirty- thousand (30,000) square foot
feet minimum lot, the sum of side yards shall be a minimum of
Resolution No. PC- 2005 -468
Page 5
twenty (20') feet with a minimum side ya
seven (7') feet twelve (12' ` feet fer- 'V-
e-f- twenty (20') foot separation between
Recreational vehicle storage within the
screened with a solid gate at least eight
and shall occur only on a concrete surface
the vehicle.
rd (one (1) side) of
a-ee ss, and a minimum
adjacent structures.
side yard shall be
feet (8') in height,
capable of supporting
C. Rear setback minimum for a single - family dwelling unit
on a ten - thousand (10,000) square foot minimum lot is thirty
(301) feet, and on a thirty- thousand (30,000) square foot
minimum lot is fifty (50') feet; for an enclosed patio or open
patio cover is ten (101) feet; for a second story deck or
balcony is twenty (20') feet, and for an accessory structure is
five (51) feet. On a ten - thousand (10,000) square foot minimum
lot, the rear setback may be reduced to fifteen (15 ") feet at
the discretion of the Community Development Director, if at
least one - thousand - six - hundred (1,600) square feet of contiguous
private usable open space is maintained in the side and rear
yard areas, and the minimum separation between the rear of the
building and the rear or side of the building opposite the rear
lot line is sixty (601) feet.
d. For projects located in Planning Area 8, no habitable
structures shall be located closer than two- hundred (2001) feet
from the north /east wed specific plan boundary.
3. Maximum building height:
a. Thirty -five (351) feet for dwelling units;
b. Fifteen (15') feet for accessory structures;
C. Twelve (12') feet for a patio cover and second floor
deck or balcony, not including railing height;
d. No more than three (31) stories shall be permitted.
4. Fences and Walls. Fences and walls shall comply with the
provisions of the Moorpark Municipal Code, with the exception
that sound attenuation walls shall be constructed to a height as
required by a city- approved noise study for the residential
planned development permit.
5. Parking. Parking shall comply with Chapter 17.32 of
the city of Moorpark Municipal Code. Tandem parking shall be
Resolution No. PC- 2005 -468
Page 6
permitted for garage spaces that provide for parking beyond the
required minimum.
6. Signage. Signage shall comply with Chapter 17.40 of
the city of Moorpark Municipal Code.
7. Standards Relating to Animals. The keeping of animals
shall comply with Chapter 17.28.030 of the Moorpark Municipal
Code.
8. Eaves and Window Treatments and Surrounds. The eaves
and window treatments and surrounds on all sides of a structure
shall be complementary with the eaves and window treatments and
surrounds on the front elevation.
9. Wrap- Around Front Elevation Treatment. The
architectural style and treatment included along the front
elevation of a single- family unit shall continue along each side
elevation until commencement of fencing or other architecturally
feasible termination point as determined by the residential
planned development permit approval body.
Resolution No. PC- 2005 -468
Page 7
EXHIBIT B
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004 -02
SPECIAL CONDITIONS
1. The Pardee Homes architectural booklet titled "Moorpark PA-
8," dated March 11, 2004, and the Planning Area 8
Architectural Plans dated May 23, 2003, 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 and color and
materials samples that have depicted the respective
architectural styles and sub - styles shall be incorporated
in the project, as presented in the above - mentioned plans
and materials.
2. Prior to the issuance of a Zoning Clearance for a 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.
3. At least ten percent (10 %) of the dwellings, but no more
than twenty -five percent (250) of the dwellings shall be
represented by any one of the architectural styles. No
sub -style shall be represented by more than sixty percent
(60 %) of the dwellings for each architectural style.
4. Prior to the issuance of a Zoning Clearance for building
permits, the applicant shall prepare, and submit for
approval, a minimum of three (3) plans for the installation
of a 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.
5. 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.
Resolution No. PC- 2005 -468
Page 8
6. Prior to the issuance of a zoning clearance for the first
building permit for the construction of homes within
Planning Area 8, the applicant shall submit, and have
approved by, the Community Development Director, a notice
to be signed by all future buyers, acknowledging the
potential for the keeping of horses and other animals
within Planning Area 8. The notice shall identify
potential impacts associated with the keeping of such
animals, including, but not limited to noise, odor, flies,
and visual impacts. Original signed notices shall be
provided to the Community Development Department. prior to
issuance of a zoning clearance for occupancy of each unit.
The CC &R's for this neighborhood shall also include notice
that the lots within Planning Area 8 permit the keeping of
animals.
7. All lots adjoining the planned equestrian trail shall be
provided with direct access to the trail from the rear yard
area of the building pad. The access shall take the form
of a three (3') foot wide path with a slope not greater
than 3:1. Should the path be required to cross another
property, appropriate easement documentation shall be
recorded to ensure access to the trail by property owners
served by the path.
8. The northerly property line of lot 254 shall be deemed to
be the front property line for purposes of setback
determination. The southerly property line shall be deemed
the rear property line. The property line adjacent to the
street shall be deemed a side property line, but shall
maintain a setback area of at least twenty (20') feet
within which no fence, wall, or structure may exceed three
(31) feet in height. The elevation on the side of the
house adjacent to the street shall have enhanced
architectural and decorative treatment to be consistent
with the front elevations of the other homes.
9. Lots 229, 231 -232, 234 -248, 250 -252, and 254 -264 shall
provide and maintain a flat area on the side of the home
twelve (12') feet in width extending from the front of the
home to the rear of the home for use as RV access or
parking. No encroachments into this twelve (12') foot area
(including but not limited to room additions, pool
equipment, air conditioning units, storage structures, and
patio covers) may be approved or constructed, other than
gates for screening and securing the side yard.
Resolution No. PC- 2005 -468
Page 9
10. Prior to the issuance of a zoning clearance for the first
building permit for the construction of homes within
Planning Area 8, the applicant shall provide plans for a
minimum of three (3) decorative treatments for driveways
within the Planning Area. These treatments may be assigned
to lots by the applicant, or selected by the purchasers of
the homes. The treatments shall consist of decorative
stamped concrete, pavers, or the use of an irrigated mow -
strip in the center of the driveway.
11. Planning Area 8 shall permit
and cleft hoof animals, as w
dogs, as permitted for the
Moorpark Municipal Code.
12. Landscaping maintenance for
the lots of Planning Area 8
the Homeowners Association.
the keeping of equine, bovine,
ell as pet animals and cats and
R -1 zone by Title 17 of the
the slopes along the rear of
shall be the responsibility of
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
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
Resolution No. PC- 2005 -468
Page 10
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 be
placed at ground level, may 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
shall 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 (101) feet in width for
each parking stall provided with a minimum of two garage -
parking stalls required for each dwelling unit.
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.
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.
Resolution No. PC- 2005 -468
Page 11
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. PC- 2005 -468
Page 12
EXHIBIT C
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004 -03
SPECIAL CONDITIONS
1. The Pardee Homes architectural booklet titled "Moorpark PA-
9," dated March 11, 2004, and the Planning Area 9
Architectural Plans dated May 23, 2003, 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 and color and
materials samples that have depicted the respective
architectural styles and sub - styles shall be incorporated
in the project, as presented in the above - mentioned plans
and materials.
2. At least twenty -five percent (250) of the dwellings, but no
more than forty percent (40 %), of the dwellings shall be
represented by any one of the architectural styles. No
sub -style shall be represented by more than forty percent
(40 %) of the dwellings for each architectural style.
3. 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.
4. 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.
5. Prior to the issuance of a zoning clearance for the first
building permit for the construction of homes within
Planning Area 9, the applicant shall provide plans for a
minimum of three (3) decorative treatments for driveways
within the Planning Area. These treatments may be assigned
to lots by the applicant, or selected by the purchasers of
the homes. The treatments shall consist of decorative
Resolution No. PC- 2005 -468
Page 13
stamped concrete, pavers, or the use of an irrigated mow -
strip in the center of the driveway.
6. Prior to the issuance of a zoning clearance for the first
building permit for the construction of homes within
Planning Area 9, the applicant shall submit, and have
approved by, the Community Development Director, a notice
to be signed by all future buyers, acknowledging the
potential for the keeping of horses and other animals
within Planning Area 8. The notice shall identify
potential impacts associated with the keeping of such
animals, including, but not limited to noise, odor, flies,
and visual impacts. Original signed notices shall be
provided to the Community Development Department prior to
issuance of a zoning clearance for occupancy of each unit.
The CC &R's for this neighborhood shall also include notice
that the lots within Planning Area 8 permit the :keeping of
animals.
7. The driveway on lot 304 shall be at least 20 feet in depth
from the garage door to the front property line.
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 e;�titlement
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
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
Resolution No. PC- 2005 -468
Page 14
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 be
placed at ground level, may 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
shall 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. Rain gutters and downspout 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 (101) feet in width for
each parking stall provided with a minimum of two (2)
garage - parking stalls required for each dwelling unit.
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.
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.
Resolution No. PC- 2005 -468
Page 15
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-