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HomeMy WebLinkAboutRES 1986 112 1008RESOLUTION NO. PC -86 -112 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL ON THE APPLICATION FILED BY U.S. CONDOMINIUM CORPORATION REQUESTING APPROVAL OF A RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1057 FOR THE CONSTRUCTION OF 93 SINGLE FAMILY UNITS. ASSESSOR PARCEL NO. 500- 281-13, -14. WHEREAS, at a duly noticed public hearing on October 10, 1986, the Planning Commission considered the subject application requesting approval of a Residential Planned Development Permit No. RPD -1057 for the construction of 93 single family units. The fifty -eight acre parcel is located west of the terminus of Loyola Street and Fordham Street bordered by single family residential on the east, Happy Camp Regional Park on the north, undeveloped open space to the west and CalTrans right of way to the south. The assessors parcel map number for the project site is 500- 281 -13, -14. WHEREAS, the Planning Commission, after eration of the information contained in the staff October 8, 1986, and information contained in the Declaration, has found that this project will not affect on the environment; and has reached its de matter; review and consid- report dated Mitigated Negative have a significant -ision in the NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff report dated October 8, 1986, which report is incorporated by reference as though fully set forth herein are hereby approved; SECTION 2. That at its meeting of October 8, 1986, the Planning Commission took action to direct staff to prepar a resolution with the attached recommended conditions, recommending approval of Residential Planned Development Permit No. RPD -3049. The action with the foregoing direction was approved by the following roll call vote; f Planning Commission Minutes Page 3 of October 8, 1986 residential and his recommendations for three way stop signs placed at Loyola /Colombia, Loyola /Westwood, Amherst /Westwood , and Loyola / Amherst /Colombia /Berkley /Yale /Auburn. (A) MOTION: Moved by Commissioner Keenan, second by Chairman LaPerch that the City Engineer consider the Neighborhood Council's recommendation to require stop signs at the specified locations. Motion passed on a 4 :0 vote. (B) MOTION: Moved by Commissioner Claf fey, second by Commissioner Keenan to approve Resolution No. PC -86 -111 to include recommended modifications. Motion passed on a 4:0 vote. (C) MOTION: Moved by Commissioner Claf fey, second by Commissioner Keenan to approve Resolution No. PC -86 -112 to include recommended modifications. Motion passed on a 4:0 vote. B. DP -355 - Moorpark /Los Angeles Requesting approval to construct an 19,992 sq.ft. industrial facility. 1,200 sq.ft. of office and 18,792 sq.ft. of manufacturing. Located on Gabbert Road north of Commerce Avenue. C. DP -357 — Moorpark /Los Angeles Requesting approval to construct a 19,074 sq.ft. industrial facility. 1,570 sq.ft. of office and 17,504 sq.ft. of manufacturing. Located on the corner of Gabbert Road and Commerce Avenue. Presented by Diane Eaton, reference: Staff Report dated October 8, 1986. Testimony received by the following: (1) Sieole & Associates, Representatives in support of the development. SUBJECT: APPLICANT• ITEM CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT AND RECOMMENDATIONS MEETING OF OCTOBER 8, 1986 Residential Planned Development 1057 - Revised Project U. S. Condominium, P. O. Box 233 Moorpark, CA California Corporation REQUEST: The Applicant is Requesting Approval of a Residential Planned Development Permit for the Construction of 93 Single Family Units 1.0 LOCATION Fifty -eight acre parcel west of the terminus of Loyola Street and Fordham Street bordered by single family residential on the east, Happy Camp Regional Park on the north, undeveloped open space to the west and Cal -Trans right of way to the south. Assessors parcel number 500 - 281 -13, 14. 2.0 BACKGROUND On September 24, 1986 the Planning Commission reviewed tentative tract 3049 and recreational amenities for this revised project. The Commission voted 4 -0 to recommend approval of the tract with recreational amenities to the City Council. The Applicant is returning to the Commission for review of the Planned Development for Tract 3049 in order that the two requested permits may be presented together to the City Council at its meeting of October 20, 1986. The staff report provided to the Planning Commission at the September 24, 1986 meeting is attached for reference. The Planning Commission directed staff to re- classify the negative declaration to a mitigated negative declaration. The re- classified mitigated negative declaration will be properly noticed in connection with the notice for the public hearing on Tract 3049, Planned Development 1057 before the Moorpark City Council. 3.0 PROJECT DESCRIPTION The redesigned project subdivides the property into 97 lots. Lots 1 - 93 are single family units, lot 94 is the recreational area and the remaining lots are common area. The project provides two clusters of residential units, integrated by the circulation systems and provides a centrally located recreation area. Fifty -six units are clustered at the northern portion of the site accessible via the extension of Loyola Street. Thirty seven units are clustered at the southern end of the site near the extension of Fordham Street. The extension of Fordham Street connects to the extension of Loyola Street providing a circulation pattern which more equitably distributes traffic generated from this project throughout the adjacent residential neighborhood. For a detailed discussion of traffic, circulation, grading and other issues associated with the tentative tract, please see the attached September 24th staff report. M In connection with their action of the tentative tract, the Planning Commission also reviewed and upheld the recommendations of the Parks and Recreation Commission. Required recreational amenities are established in Condition 61 of the Tract Conditions. 400 Lot sizes in a single family project range from 6,000 to 18,000 sq.ft. Rear yards range from 3,000 to 14,000 sq. ft. The minimum side yard is 5', however, the majority are greater. The minimum front and rear setback is 20'. The units themselves range from 1,700 sq. ft. to 2,400 sq. ft. with a maximum height of 30'. The plans provide variation of 2 - 3 elevation changes for each model. The changes consist of framed windows, pop outs no greater than 18 ", and exterior facade material changes. In addition, one model is designed with a side entry garage plan to create a courtyard, providing further variety in the streetscape. The project includes two 1 -story models, and two 2 -story models, ranging from 2 bedrooms with convertible dens to 4- bedrooms plus convertible dens. The models feature powder rooms and volume ceilings. The project is designed in a New England style with lap siding and stucco, charcoal grey concrete tile roofs, wood trim around windows, wood trim fascia, metal chimney caps, and a range of earth tone exterior colors. Front yard landscaping and rear and side yard wood fencing is provided. Wrought iron fencing is required where there is a view. The project provides full - width, lighted city streets with V0 curbs, gutters and sidewalks throughout. All cut slopes will be planted and irrigated per City specifications. Entries to the project will be designed and landscaped to provide continuity to the existing neighborhood rather than strong entry statements implying a separate neighborhood. Attached are the following exhibits: Al. Colored site plan showing footprints with driveways and soft scape minimum setbacks and the model complex; A2. Four floorplans superimposed on the tentative. A3. Street elevation showing the 4 model types with 4 varied elevations. The applicant will provide a material and color board at the meeting. 4.0 CONFORMANCE TO REQUIRED CITY ORDINANCE FINDINGS The proposed project is consistent with the following required findings as established in the referenced sections of the attached staff report as noted below: a. The proposed use is compatible with existing and future land use within the zone and the general area in which the proposed use is to be located (Section 4.11; in that the open space buffer area provided adjacent to the undeveloped properties to the west and north, and the proposed lot design adjacent to the property to the east, renders the project compatible with these lands; b. The proposed use would not be obnoxious or harmful to adjacent properties (Sections 4.1, 4.2, 4.4 and 4.5); C. The proposed use would not impact the integrity or character of the zone in which it is to be located (Section 4.1); d. The proposed use would not be detrimental to the public interest, health, safety convenience or welfare (Sections 4.2, 4.3, 4.4, 4.5, 4.6). 5.0 RECOMMENDATIONS As noted in the attached September 24th staff report, under the subdivision map act, required timelines for processing Tract 3049 must be acted upon by the City Council prior to November 4, 1986 or be automatically deemed approved. The resolution recommending approval of Tentative Tract 3049 is before the Commission for approval at this meeting. In the interest of efficient use of the Planning Commission's time, staff has prepared a resolution for approval of Planned Development 1057 for action at this meeting should the Planning Commission wish to approve both resolutions simultaneously. Therefore, the recommended action for Planned Development 1057 is as follows: Adopt a resolution recommending approval of Planned Development 1057 subject to the conditions of approval attached as Exhibit B. Prepared by: Carol Waldrop Consultant to the City of Moorpark Approved by: Michael A. Rubin Senior Planner n In n f ATTACHMENT 1 City of Moorpark Planning Commission Staff Report and Recommendation Meeting of September 24, 1986 Subject: vesting Tentative Tract No. 3049, and Residential Planned Development 1057 Applicant: U.S. Condominium, California Corporation P. O. Box 233 Moorpark, CA Request: The applicant is requesting approval of the following: o a vesting tentative tract map to subdivide the property into 93 single family lots and 4 common area lots. The applicant will return to the Planning Commission at a future date requesting the approval of: o a residential planned development permit for the construction of the single family units. 1.0 LOCATION AND PARCEL NUMBER The property is located west of the terminus of Loyola Street and Fordham Street: and just north of the Cal -Trans Right of Way. Happy Camp Canyon drainage channel parallels the east boundary of the site. The undeveloped Happy Camp Canyon Regional Park is located to the north of the site. Property to the west is undeveloped and designated OS -1. Property to the east is developed with single family homes. The assessors parcel map number for the project site is 500- 281- 13 -14. 2.0 BACKGROUND 2.1 Project History In 1979, prior to the incorporation of Moorpark, a tentative tract map for the project area was approved by the County Board of Supervisors for single family home units. The map was not recorded and has expired. Subsequently, in June 1985, the applicant requested a zone change to allow clustering of the development to conform to the topography of the site. The zone change was granted by the City Council in October 1985. The application for this project, involving a vesting tentative tract map and Planned Development permit for 93 units, was filed in December of 1985. The original project for 93 townhome units was recommended for denial by the Planning Commission on June 25, 1986. The Project was approved by the City Council on July 21, 1986 and then the Council at the August 4, 1986 8 9/18/86 meeting rescinded that action and directed the applicant to revise the project as necessary to address the remaining concerns. A time extension was agreed upon extending the period of time within which the City must take action on the Project until November 4, 1986. 2.2 Vesting Tentative Ma In November of 1985 the City Council approved Ordinance 58 relative to provisions for vesting tentative maps. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards as described in Government Code Section 66474.2. The rights conferred by a vesting map shall last for an initial period of one (1) year beyond the recordation of the map. Such time period may be extended by action of the City Council. 3.0 PROJECT DESCRIPTION 3.1 Site Plan (Exhibit A -1) The applicant is proposing to subdivide the property into 97 lots. Lots 94 -97 are common area lots. Fifty eight percent of the total site area is proposed for development Entry to the northern portion (56 units) of the development is from an extension of Loyola Street which then connects to the extension of Fordham Drive. Entry from the southern portion (37 units) is from Fordham Drive. A recreation area is centrally located at the southwester most portion of the Loyola cluster. Lot sizes range from 6000 - 18,000 square feet. 3.2 Project Design The single family development will consist of 4 different floor plans, both 1 & 2 story, with 2, 3 & 4 bedroom models. The minimum pad size is 5000 square feet. The houses average in size from 1800 to 2500 square feet. The units are plaster and tile roof with wood fascia, and metal balcony railings. All rear yards will be fenced. Conditions of approval require that CC &R's be submitted to the City for approval. CC &R's will specify standards regarding accessory structures, patio covers and other potential owner -added property improvements. 3.3 Recreation and Open Space The private recreation area will include a recreation building, with a 1000 square foot meeting room, a 2500 square foot tot lot, a picnic area, a 20' x 40' pool, a 12 -14 person jacuzzi and a full court basketball area. The private recreational area will be provided for the use of the residents of the tract, and will be maintained by a homeowners' association. 0 `0 M The open space area adjacent to the developed portion of the property will also be owned and maintained by the homeowners' association. Should the association neglect its maintenance responsibilities, City Assessment District No. 65 -1 can provide back -up maintenance. Areas proposed to be graded or cleared of brush for fire protection purposes are to be planted with erosion control material. Under the City's Parkland Dedication (Quimby) Ordinance and assuming the current number of units proposed, the developer is required to dedicate approximately 1.2 acres for public park use, or pay in -lieu fees. The park area originally shown on the tentative map was a County requirement based on several hundred units. The Parks and Recreation Commission recommended that the approximately 2 acre park, originally proposed be deleted from the plan for the following reasons: o The City's Park and Recreation Commission policy is to not accept parks of less than 6 acres because park development and maintenance is not cost effective below the 6 acre size. o The project site is adjacent to Happy Camp Canyon Regional Park which will ultimately provide abundant recreational facilities and playfields. o Previous action by the Council and Parks and Recreation Commission indicate a priority for directing funding to developing existing community park areas rather than creating additional park sites for which facility development and ongoing maintenance may not be ensured by the City's level of funds. The project provides 428 of the site area in open space which will be the responsibility of the homeowners association. A private recreational area is provided within the project. From the standpoint of the City's overall plan for the location for parks and program of funding for park development and maintenance, requiring in lieu fees per the City's Park Land Dedication Ordinance will further those goals whereas acquiring additional acres at this location represents a cost which is not justified by acreage or accessibility. 4.0 EVIDENCE REGARDING REQUIRED SUBDIVISION MAP ACT AND CITY ZONING ORDINANCE. FINDINGS. Certain findings must be made in order to determine that the proposed project is consistent with the State Subdivision Map Act and the City Code. These findings, and the project information and evidence to support them, are presented below. 4.1 Consistency of Tentative Map Design and Improvements 10 9/18/86 4.1.1 General Plan Consistency An analysis of the project's consistency with the policies and goals of the City's General Plan (Land Use Element) is as follows: Policies and goals addressed under the Residential and Physical Environment /Hazards sections of the Land Use Element discouraqe urban development in mountainous areas, on hillside with slopes in excess of 20 percent or on ridgelines. The tentative map shows approximately 428 of the site retained in open space which preserves the most significant land forms. However, a portion of the project site will be developed on slopes greater than 20 percent. Clustering the development and the revisions to the site plan further reduces encroachment into slope areas. In cases where intrusion occurs in the slope in excess of 208, primarily only insignificant landforms are affected. The revised project reduces the incursion from 34% to 21.8%. The natural slope that parallels the drainage channel will remain., protecting the viewshed and buffering the visual effect of new development on the natural landscape. The most prominent visual features, land forms, and sensitive view areas on the site have been preserved. In order to create a gradual incline at the entrance to Loyola and to Fordham. Drive, the plan shows a contoured variable face slope which recreates the natural topography. Development of the property at either the existing land use designation or any urban density will most likely require some grading of areas in excess of 20 percent slopes for building pads or roadways. It should be noted that no definition of "discourage" is provided in the Land Use Element. As a result, the Planning Commission and the City Council may determine that due to the large amount of open space that will be retained, the relatively small percentage of the site with excessive slopes that will be developed, and the difficulty of developing the property without grading some areas with slopes greater than 20 percent, the proposed project substantially meets the intent of these policies and goals. This determination would be consistent with previous action of the Commission and Council. 4.1.2 Zoninq The existing RPD 1.6 zone was adopted in October 1965. The Project conforms to the RPD 1.6 zone. M 11 9/18/86 4.1.3. Existing Land Use The property is presently undeveloped and covered with non - native grass and native sage scrub with some introduced plants and trees. Existing features on -site include a flood control channel, two bridge crossings; dirt and gravel access roads, power poles, fencing. A large drainage course runs from northwest to southeast through the site. There is also one Union Oil drill site located within the property. This site is located where no development is to occur. it should be noted that since the City incorporated following the County approval of the entitlement permitting drilling on the property, the City Council needs to take Positive action approving a CUP for drilling to be permitted. 4.1.4 Adjacent Land Uses North: Undeveloped Happy Camp Canyon regional park open space. South: Cal Trans Right of Way West: Undeveloped open space East: Existing single family subdivision The density and land use of the proposed project will continue the urban land use pattern established to the south and east of the site. The proposed residential development, with a density of 1.6 units per acre, is compatible with the adjacent developed residential tracts which have densities of approximately 5.5 units per acre. Implementation of the project will not in itself encourage the urbanization of the adjacent property to the west, which would require a general plan amendment from its open space designation prior to development, or of the Regional park to the north and Cal Trans right of way to south. 4.2 PHYSICAL SUITABILITY OF THE SITE FOR THE PROPOSED TYPE AND DENSITY OF DEVELOPMENT 4.2.1 Existing Natural Features The property consists of a series of gently inclined, southerly trending ridges and intervening drainage courses. The property is bounded on the east by an improved drainage control channel and by an existing residential subdivision. 12 4 /1R /RF The site is presently vacant, with no signs of previous site usage, and is covered with a moderate to heavy growth of native grasses, weeds, and low shrubs. A few oak trees exist at scattered locations. Oak trees are designated on the tract map (Exhibit A -1). Natural side slopes on the ridge flanks are predominately about 2:1 or flatter, but are locally as steep as 1:1. The site appears to be in its virgin condition with the exception of a flattened (excavated) ridge line and a cut slope descending to the improved channel at the northeast corner of the site. Apparently, this area was used to borrow soils for the adjoining tract development. No other signs of grading or filled ground were noted. The proposed development and related grading activities will be confined primarily to the valley floor and northerly upland areas of the project site. Approximately 428 of the site, including the more prominent hillsides and steeply- sloped areas, will be left ungraded and preserved in open space. In addition, visual impacts can be mitigated by retaining as many mature trees as possible and by landscaping all man -made slopes and open space areas. All man -made slopes will also be required to be contoured to blend in with the natural topography. The open space areas retained on the property will mitigate any visual impacts of the project by forming buffers between on the on -site developed areas and the undeveloped properties to the west and north. Project development will necessitate the removal of a portion of the on -site grassland habitat. However 428 of the site will be retained in open space, and similar habitat is located within the undeveloped Happy Camp Canyon Regional Park areas to the north and open space west of the project site. 4.2.2 Drainage The project site is located within the boundaries of the Arroyo Simi watershed. Arroyo Simi is one of several tributaries comprising the larger Calleguas Creek drainage system through western Ventura County. The site presently drains through a major drainage course in a southeasterly direction into an improved County flood control channel which parallels the site on the east boundary. These drainages collect and convey runoff from within the site and adjacent upstream areas for discharge. No flooding problems exist on -site. 13 9/18/86 '"0 *go 0 The increase in impervious surfacing is not anticipated to cause flooding by perceptibly increasing the drainage flow and, therefore, no negative impacts are anticipated. 4.2.3 Traffic /Circulation - Issues. The project as revised provides 2 points of access to the project site. One primary access to the project site will be provided by the extension of Loyola Street west beyond its current terminus at Westwood Street providing access from Campus Park Drive. Loyola Street will extend to connect with the other primary access, provided from the extension of Fordham Drive beyond its current terminus at Westwood Street.This access provides an alternate route to SR118 via Fordham to Westwood to Amherst to Princeton. 4.2.4 Traffic Study for Revised Project A traffic study was prepared for this project in December 1985 by Thomas Montgomery and Associates and revised in August of 1986 to reflect the proposed changes in the project. The traffic study data was obtained by direct count, field investigation, Cal Trans data and information for the EIR prepared for the recently approved Griffin Homes development north of Campus Park Drive. Existing traffic conditions are described in Exhibit B. The analysis of traffic conditions on Princeton Avenue off Campus Park Drive remain as stated in the original traffic study and indicate that both are operating at high levels of service during both commuter peak traffic periods. Princeton Avenue and Los Angeles Avenue operate at level of service C which is an acceptable level during the afternoon period. The morning peak traffic exceeds design capacity by 23.5 percent as a result of traffic on a westbound 118 being restricted to one travel lane. 4.2.5 Traffic Generation The analysis indicates that the 93 unit single family project would generate less than 500 vehicle trips per day (VPD) with maximum peak demands of 32 vehicle trips per hour (VPH) outbound in the morning and inbound in the afternoon on an average weekday. The diagram of the attached traffic study indicates how these 32 (VPH) are anticipated to distribute through neighborhood residential streets to reach the intersection of Princeton and 118. The traffic study concludes that traffic from the revised project will be distributed at less impact on Loyola and more equitable throughout the residential neighborhood. 14 9/18/86 4.2.6 Future Traffic Conditions The traffic analysis considered related future developments in the determination of future traffic demand. The resulting 1990 peak traffic volume estimates discussed on Exhibit B page 5 indicate that by 1990 both the Campus Park /Princeton Drive and Princeton Drive /Los Angeles Avenue intersections would operate at high levels of service (B, C) with the installation of intersection improvements and traffic signal controls. Traffic demands on Loyola Street west of Campus Park Drive were analyzed (Exhibit B page 7). The carrying capacity of a low speed two lane roadway is in excess of 5000 VPD. However, in order to preserve the residential character of the street an "environmental capacity" of 2000 VPD is a maximum, capacity figure which considers residents' perceptions of congestion. Currentiv this residential collector carries 990 VPD which would increase by 200 VPD to 1,190 VPD upon completion of the project. rn Traffic demands of the Fordham , Westwood, Amherst route were also analyzed. Amherst carries 900 trips per day which would increase by 280 to 1,180 VPD upon completion of the project. Westwood, between Loyola, would change from 500 to 590 VPD. *40 With these increases Loyola Street and Fordham /Westwood/ Amherst would still be operating at well below ever. the "perceived" level of congestion. The analysis concludes that the traffic generated by the proposed project will not have any significantly adverse effect on the operation of the local street system adjacent to the project or on the arterial street system serving this area of the city. The project site is at the end of the developable area within this neighborhood. Happy Camp Canyon Regional Park is located directly to the north and the CalTrans Right of Way to the south. Propertv to the west which, if developed in the future, would not be accessed through this project site. Therefore this project represents the last addition to traffic volumes through the neighborhood bounded by Westwood, Princeton and Campus Park Drive. 4.3 LIKELIHOOD OF PROPOSED PROJECT TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE. The the impact of the proposed development on on -site resources, drainage and traffic circulation has been adequately mitigated by the project design and proposed conditions of approval. The project will, therefore, not cause substantial environmental damage. The negative declaration and initial study is attached as Exhibit D. 15 9/16/86 4.4 LIKELIHOOD OF PROPOSED PROJECT TO CAUSE SERIOUS PUBLIC HEALTH PROBLEMS. Provisions for services to the subdivision are as follows: 4.4.1 Water and Sanitation The increased demand in connection with this project is not anticipated to significantly impact existing water supply availability, and sufficient water supply currently is available to meet the demands of cumulative development in the City. It shall be the developer's responsibility to determine if the existing facilities are capable of providing an adequate supply of water for domestic and fire flow requirements. Any upgrading of the existing facilities necessary to supply the subject property shall be the responsibility of the developer. The District is in the early stages of planning a sewerage treatment plant expansion project. Since the cumulative increase of flow into the existing treatment plant is directly related to the rate at which new connections to the sewerage system are made, the currently available plant capacity could be consumed prior to completion of any plant expansion. This could cause a delay in issuance of a "will serve" letter to the applicant to insure the plant expansion will be complete when sewer service begins. Any upgrading of the existing facilities necessary to provide service to the subject property and surrounding area, shall be the responsibility of the developer. 4.4.2 Fire Prevention. The County Fire Prevention Department, which provides service to the City of Moorpark under contract, has indicated that adequate protection is available to the project site. The project is proposed for a "high fire hazard" area due to the topography and vegetation of the site. Fire prevention measures, such as clearing natural vege- tation within 100 feet of any structure, and the use of fire retardant materials in roofing shall be provided. The provision of two primary access points to the development, connected by a private road, satisfies the County Fire Prevention Department access requirements. 16 Under the County Facility Fee Ordinance, fees are ccllected from developers of residential, commercial and industrial projects to offset the cost of additional fire stations and equipment necessitated by the incremental demand from additional development. However, the fees cannot be used for operation and maintenance costs, which must be met by the District's other revenue sources. The applicant will be required to contribute facility fees. 4.4.3. Law Enforcement. Police protection in Moorpark is provided by the County Sheriff's Department under contract to the City. According to the Sheriff's Department, the proposed project may require service area adjustments, but is not expected to significantly impact law enforcement capabilities, provided that future staffing and equipment needs are met. The Sheriff's Department reviewed the design of the revised project, and recommended no additional measures. Their original measures have been incorporated into the conditions of approval. Developer fees are also required construction of law enforcement f equipment. Similar to the fees Protection District, these fees operations or maintenance costs. required to contribute these fees 4.4.4 Education. to be contributed for acilities and provision of collected by the Fire cannot be used for The developer also is The proposed project is located within the Moorpark Unified School District (MUSD) . Capacity is available at all District schools, with the exception of the Peach Hill Elementary School, Flory School and the High School. Relocatable classrooms have been placed at the schools to accommodate additional students. The MUSD is planning on adding more relocatable classrooms at its elementary schools and the high school to expand available capacity. Current improvement plans also call for the construction of an elementary school in Planned Community 3 by 1987 and an elementary school within the Griffin Campus Village project by 1988. State aid funding opportunities are presently being explored to provide assistance in the development of a relocated high school to be located in Planned Community No. 3. Completion of this school is proposed for 1988 or 1989 with an initial capacity of 885 students and expansion capabilities to 1,500. The proposed project is expected to generate approximately 46 elementary, 14 junior high, and 15 high school students. +40 17 9/18/86 The developer will be required future construction of school based on an overall student students per unit. to contribute fees for the facilities. These fees are generation, factor of .7 The Planning Commission and the City Council in reviewing the impacts of the proposed project, must make one of the following findings consistent with Section 8941 of the School Facilities Fee /Dedication Ordinance. Findings (a) and (c) can be made for the project, since school facility fees will be paid by the developer. a) That the school district has entered into an agreement with the applicant or some other person which agreement provides a feasible means for mitigating any aggravation of such conditions of over - crowding which would otherwise be caused by the residential development; b) where the application is for a building permit, that the applicant has paid the facilities fee specified in Section 8942 and, where applicable, the land fee specified in Section 8943; c) Where the application is for an approval which does not include the grant of a building permit, that such approval is conditioned upon the dedication of land (if any) required of the applicant pursuant to Section 8943, and, further, that the map, variance or permit so approved contains notice that the issuance of any building permit for residential development of the property shall be subject to the payment for such fees as may be required pursuant to this Chapter; d) That there are specific, overriding physical, economic, social or environmental factors which justify approval of the residential development without requiring the payment of fees or the dedication of land which would otherwise be required pursuant to this Chapter; e) where the application is for a building permit, that the permit will be for the repair, alteration or replacement of a lawfully constructed residential unit which was lawfully occupied as a residential unit at some time within the one year period immediately preceding the date on which the application is accepted. 4.4.5 Air Quality. Air quality impacts in connection with this development are considered to be an acceptable level. 18 9/18/86 4.4.6 Noise. Noise levels in the immediate project vicinity are presently not significant. Further, noise from traffic generated by the proposed development is not anticipated to significantly impact existing noise levels. 4.5 POTENTIAL CONFLICT OF PROPOSED PROJECT WITH PUBLIC EASEMENTS OR WATERWAYS No public access easements exist on the property. Further the subdivision does not contain nor front on any public waterways. 5.0 SUBDIVISION MAP ACT AND CODE COMPLIANCE; Based upon the evidence and conclusions set forth above, it is determined that the proposed project, with the attached conditions, meets the requirements of Government Code Section 66473.5 66474.6 and 66478.1 et, seq. and City Code Section 8163 -3. The findings that were discussed in the previous section are summarized below. The section of this staff report in which the evidence supporting these findings is presented is shown in parentheses. 1. Subdivision Map Act Findings a. The proposed map is consistent with the applicable general and specific plans (Section 4.1); b. The design and improvement of the proposed subdivision are consistent with the applicable general and specific plans (Section 4.1); C. The site is physically suitable for the type of development proposed (Section 4.2) , in that the visual impacts of grading on the project site are adequately mitigated by the retention of 428 of the site in open space and contour grading; d. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitats (Section 4.3) ; e. The design of the subdivision and the type of improvements are not likely to cause serious public health problems (Section 4.4); f. The design of the subdivision and the type of improvements would not conflict with easements, 19 9/18/86 r acquired by the public at large, for access through or use of property within the proposed subdivision (Section 4.5); g. There would 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 Sections 13000 et seq. (Section 4.5). 2. City Ordinance Code Findia2f a. The proposed use is compatible with existing and future land use within the zone and the general area in which the proposed use is to be located (Section 4.1) ; In that the open space buffer area provided adjacent to the undeveloped properties to the west and north, and the proposed lot design adjacent to the property to the east, renders the project compatible with these lands; b. The proposed use would not be obnoxious or harmful to adjacent properties (Sections 4.1, 4.2, 4.4 and 4.5); C. The proposed use would not impact the integrity or character of the zone in which it is to be located (Section 4.1); d. The proposed use would not be detrimental to the public interest, health, safety convenience or welfare (Sections 4.2, 4.3 , 4.4, 4.5, 4.6). 6.0 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE: SAGE Institute, Inc., under contract to the City of Moorpark Department of Community Development, conducted an initial study to evaluate the potential impact of this project upon the environment. Based upon the findings contained in the initial study, it was determined that the proposal would not have a significant impact on the environment. A Negative Declaration (Exhibit D) was prepared and publicly noticed for fourteen (14) days. No comments have been received. 7.0 DEVELOPMENT ADVISORY COMMITTEE A development Advisory Committee meeting was held during the week of June 2, 1986 and again regarding the revised project on September 3, 1986- Representatives of the City Engineer, County Fire Department and Sage Institute Inc. (consultant to the City Community Development Department) met with a representative of U.S. Condo and the project engineer to discuss the proposed conditions of approval. 20 9/18/86 8.0 PUBLIC COMMENTS No written comments on the revised project have been received to date. 9.0 RECOMMENDED ACTION 1. Recommend to the City Council that it approve the Negative Declaration. 2. Direct staff to prepare a resolution recommending approval of the negative declaration, and the APPROVAL of the tentative tract map, subject to the proposed conditions of approval (Exhibit "C "), for consideration by the Planning Commission at the next regular meeting. Prepared by: Reviewed by: Carol Waldrop Michael A. Rubin SAGE Institute, Inc. Senior Planner Attachments: 1. Exhibit A -1 Tentative Tract A -2 Shaded Areas of Slope Intrusion 2. Exhibit B Traffic Study 3. Exhibit C Conditions of Approval 4. Exhibit D Negative Declaration, Initial Study 21 9/18/86 Im M In EXHIBITS Exhibit Al - Colored site plan showing footprints with driveways and softscape minimum setbacks and the model complex Exhibit A2 - Four floorplans superimposed on the tentative Exhibit A3 - Street elevation showing the 4 model types with 4 varied elevations Exhibit B - 1057 Conditions Exhibits Al, A2, A3 To be provided by Developer. rr% m Exhibit B CONDITIONS FOR: Planned Development Permit No. 1057 APPLICANT: U.S. Condominiums COM14UNITY DEVELOPMENT DEPARTMENT CONDITIONS That the permit is granted for the land as described in the application and any attachments thereto, and as shown on the plot plan submitted. 2. That the permit is granted for all of the buildings, fences, signs, roadways, parking areas, landscaping and other features which shall be located substantially as shown on Exhibits A -1 and A -2, except or unless indicated otherwise herein. 3. That the elevations and floor plans of all buildings shall be substantially in conformance with the elevation plans and floor plans labeled Exhibit A -3. 4. That subsequent to occupancy, minor changes or additions to approved structures, fences, etc, or the construction of patio covers and accessory structures may be approved by the Community Development Director through issuance of a zone clearance provided that the minor change a) is consistent with the conditions, Covenants and Restrictions (CC and R's) for the project; b) has been approved by the applicable Homeowners Association; c) clearly does not affect the design, integrity, or quality of the development; and d) is consistent with the regulations of the City Zoning ordinance. Minor changes which do not meet these criteria will require a minor modification of the permit to be considered by the Community Development Director. Any changes determined to be major by the Community Development Director will require the filing of a modification application to be considered by the Planning Commission. 5. That the final design of all buildings, communal open spaces, recreational facilities, walls and fences including materials and colors, is subject to the approval of the Community Development Director. 6. That all requirements of any law or agency of the State, Ventura County, and City of Moorpark, and any other governmental entity shall be met. 0 7. That applicant agrees as a condition of issuance (or renewal) the use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit, or in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under the condition. 8. That prior to construction, a zone clearance shall be obtained from the Community Development Department and a building permit shall be obtained from the Building and Safety Division. 9. That no zoning clearance shall be issued for this permit until the Tract Map No. 3049 has been recorded. 10. That unless a zone clearance for a unit is issued within thirty -six (36) months after the date the permit is granted, this permit shall automatically expire on that date. The Community Development Director may, in his discretion, grant two separate 12 month extensions for issuance of a zone clearance for a unit in each phase, provided: a) the application for extension is made prior to the expiration of the initial thirty -six (36) months; b) there has been no change in the approved plans; c) there has been no change of circumstance which will prevent the preservation of the integrity, character, utility or value of the property in the zone and the general area in which the use is proposed to be located or will be detrimental to the public health, safety or welfare; and d) the permittee has diligently worked toward initiation of construction of each phase of the development during the .initial thirty -six (36) month period. 11. That signs are subject to the regulations of Article 25 of the Moorpark Ordinance Code. 12. That a transfer of this permit shall not be effective until the name and address of the transferee and date when such transfer shall be effective, together with a letter from the new owner certifying agreement to comply with all conditions of the permit is filed with the Community Development Director. 13. That the development is subject to all applicable regulations of the "R- P- D -1.6" (Residential Planned Development) zone. 14. That prior to issuance of the zone clearance, a landscaping, planting and irrigation plan for that Viso phase, together with specifications and a maintenance program, shall be prepared by a state - licensed landscape architect. The Ventura County Guide to Landscape Plans, dated July 1982, shall be used. The landscaping plan shall show planting within the front yards of all residential lots in the sub - division; within the open space areas within the private recreational areas along the man -made slopes adjacent to the developed areas and along interior streets. Landscaping in these areas shall incorporate drought resistant and native plant materials as feasible, and shall be chosen to insure adequate erosion control, and to mitigate the visual impacts of all man -made slopes three feet or more in height. Landscaping shall not cover any door or window. Landscaping at entrances and exits and intersections will not block or screen the view of a seated driver from another moving vehicle or pedestrian, nor be placed directly under overhead lights which could cause a loss of light at ground level. Landscaping shall also be provided at the entrance to the project to buffer the projects visual impact on the adjacent residential development to the east. All of the landscaping described above, with the exception of that within individual lots, shall be maintained by a homeowners association. Prior to preparation of the landscaping plan, the landscape architect shall consult with the Director of Community Development regarding species to be planted and the overall landscape concept to be used. Three sets of plans shall be submitted for approval to the Director of Community Development. The applicant shall bear the total cost of such review and of final installation inspection. All landscaping installation described above (with the exception of the private recreational facilities) shall be completed prior to issuance of the last certificate of occupancy. Hydroseeding of brush cleared areas is subject to the standards of the Ventura County Fire Protection District. 15. That prior to issuance of the first zone clearance, the developer shall submit a plan showing fencing along the side and rear yards of each residential lot. Said fencing plan shall identify the location and materials to be used and shall be approved by the Planning Commission. Said fencing shall be completed prior to the issuance of a certificate of occupancy for the affected lot. Wrought iron fencing shall be provided where a view is available. 16. Prior to the issuance of the first zone clearance for each phase, a plan showing the location of mail boxes shall be submitted to the Community Development Director for approval upon review by the Moorpark Postmaster. 17. That all residential units shall be constructed employing energy saving devices as may be appropriate to the State of the Art. These are to include, but are not limited to, the following: 1) Low flush toilets (not to exceed 1 -1/2 gallons). 2) Shower controllers. 3) Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. 4) All thermostats connected to the main space heating source to have night setback features. 5) Kitchen ventilation system to have automatic dampers to insure closure when not in use. 6) Solar panel stubouts. 7) Floor plans to demonstrate reservation of space for solar equipment adjacent to furnace. 18. That gutters and downspouts shall be provided over all garage doors and front entryways, unless covered. 19. If a model home complex is to be constructed prior to first phase it shall be permitted within the tract boundaries, subject to issuance of a zone clearance. A site plan shall be submitted which indicates the location of dwelling units, sidewalks, landscaping, fencing, patios, directional and advertising signs, parking and lighting. 20. That the undeveloped areas within Tract 3049 shall be retained in open space, and shall be dedicated to the Homeowners Association. 21. That prior to issuance of a zone clearance for any phase, an "Unconditional" Will -Serve Letter for water and sewer service for that phase shall be obtained from Ventura County Waterworks District No.l. 22. That construction equipment, tools, etc., will be properly secured during non - working hours. 23. That all appliances (microwave ovens, dishwashers, trash compactors, waterheaters, etc.) will be properly secured prior to installation during non - working hours. All serial members shall be recorded for identification purposes. 24. That addresses will be clearly visible to approaching emergency vehicles and mounted against a contrasting color. '> 25. That address numbers will be a minimum of 6" in height and capable of being illuminated during hours of J)`,�` darkness. 26. That front door entrances will be visible from the street. 28. That doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 29. That all exterior sliding glass doors or windows will be equipped with metal guide tracks at the top and bottom and will be constructed so that the window cannot be lifted from the track when in the closed or locked position. 30. That prior to occupancy by the owner or proprietor, each single unit in a tract or apartment complex shall have locks using combinations which are interchanged free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. 31. If an alarm system is used, it should be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 32. Lighting devices shall be high enough to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. M Directory boards s.h-&n indicating locations of the various buildings and individual units shall be '" displayed at each entrance to the complex and lighted itibb i r �* during the hours of darkness. �1 °c :fig. 27. That all exterior doors will be constructed of solid wood core with a minimum thickness of 1 -3/4 ". 28. That doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 29. That all exterior sliding glass doors or windows will be equipped with metal guide tracks at the top and bottom and will be constructed so that the window cannot be lifted from the track when in the closed or locked position. 30. That prior to occupancy by the owner or proprietor, each single unit in a tract or apartment complex shall have locks using combinations which are interchanged free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. 31. If an alarm system is used, it should be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 32. Lighting devices shall be high enough to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. M 33. Lighting plans showing type and location of all lighting devices shall be submitted to the Sheriff's Department for review and approval. 34. All entrance /exit driveways shall be a minimum of 30 feet in width with radius curb returns. r t�