HomeMy WebLinkAboutRES PC 2009 546 2009 0623 RESOLUTION NO. PC-2009-546
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2009-01 TO ALLOW A TWENTY
(20) UNIT APARTMENT BUILDING ON APPROXIMATELY 0.9
ACRES AT 396-436 CHARLES STREET, ON THE APPLICATION
OF THE AREA HOUSING AUTHORITY OF VENTURA COUNTY
WHEREAS, at a duly noticed public hearing on June 23, 2009, the Planning
Commission considered Residential Planned Development Permit No. 2009-01 on the
application of The Area Housing Authority Of Ventura County for a two-story, twenty
(20) unit apartment building with underground parking on approximately 0.9 acres at
396-436 Charles Street; and
WHEREAS, at its meeting of June 23, 2009 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15032 as a Class 32 exemption for infill construction.
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 Commission 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, the downtown specific plan, the zoning ordinance,
and any other applicable regulations in that the building has been designed to be
architecturally consistent with the requirements of the City of Moorpark
Downtown Specific Plan which stipulates that new buildings must architecturally
compatible with existing surrounding buildings and the character of the
Downtown Specific Plan area ; 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. PC-2009-546
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 building has been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials.
SECTION 2. DOWNTOWN SPECIFIC PLAN FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with the Downtown Specific Plan:
A. The project is consistent with the City's General Plan and Specific Plan goals and
policies in that it is consistent with Goal 3 of the Land Use Element of the
General Plan which states "Provide a variety of housing types and opportunities
for all economic segments of the community. This project provides twenty
housing units restricted for lower income households. The density of this project
is consistent with Chapter 5.1 of the Land Use Element of the General Plan,
which states that "The City Council may approve a density bonus over the
otherwise maximum residential density, consistent with the State Density Bonus
Law (Section 65915 et seq. of the California Government Code) and any density
bonus provisions contained in the City Municipal Code."
B. The project is consistent with the City's Zoning Ordinance and the development
requirements and design standards of the Downtown Specific Plan in that the
building has been designed to be architecturally consistent with the requirements
of the City of Moorpark Downtown Specific Plan which stipulates that new
buildings must architecturally compatible with existing surrounding buildings and
the character of the Downtown Specific Plan area.
C. The project is compatible with existing and planned surrounding land use and
development in that the building has been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials; and conditioned to be consistent with all required safety codes,
including the California Building Code and City of Moorpark Zoning Ordinance.
D. The project is superior to a lower density design in that the increased density
affords the ability develop the steep lot in a manner that provides additional
housing opportunities that meet the overall development standards of the
surrounding area, provides a superior architectural product, and provides
adequate parking and recreational facilities.
Resolution No. PC-2009-546
Page 3
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
Residential Planned Development Permit No. 2009-01 subject to the standard
and special conditions of approval included in Exhibit A (Standard and Special
Conditions of Approval), attached hereto and incorporated herein by reference.
SECTION 4. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Di Cecco, Taillon and Chair Hamous
NOES: None
ABSTAIN: Vice Chair Landis
ABSENT: Commissioner Bagwell
PASSED, AND ADOPTED this 23rd day of June, 2009.
)(V,„.,4„,,,_,
Bruce Hamous, Chair
gDa 'd A. Bobardt, Planning Direc or
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2009-546
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT 2009-01
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
1. This planned development permit will expire two (2) years 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. Prior to issuance of a building permit for this project, a housing agreement
consistent with Chapter 17.64 of the Zoning Ordinance in a form acceptable to
the City Council is required as part of the granting of a density bonus.
Affordability shall be maintained for the life of the project.
3. An automatic security gate is required at the entrance to the subterranean
garage. A minimum clear open width of fifteen (15') feet in each direction must
be provided for separate entry/exit gates and a minimum twenty feet (20') for
combined entry/exit gates. A Knox Box system must be installed or an EKey
system, subject to the approval of the Community Development Director and the
City Engineer. The method of gate control, including operation during power
failure, is subject to review by the Fire Protection District. Gate plan details must
be submitted to the Fire Protection District for approval prior to installation. A final
acceptance inspection by the Fire Protection District is required prior to placing
any gate into service.
4. The openings and ventilation on the subterranean garage must be designed such
that a person can not enter or exit except through proper accesses. Such design
can include decorative bars, or other methods, subject to the review and
approval of the Planning Director.
Resolution No. PC-2009-546
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5. Adequate interior security lighting must be provided within the subterranean
garage. Such lighting shall be subject to the review of the City's Lighting
Consultant and approval of the Planning Director and Police Chief.
6. Full accessibility must be provided to the upper outdoor deck, subject to the
satisfaction of the Building Official.
7. The elevator must be designed to accommodate a gurney or stretcher, consistent
with Chapter 30 of The California Building Code (Elevators and Conveying
Systems)
8. Storage units must be assigned to the individual apartment units or reserved for
guests in a manner to the satisfaction of the Planning Director.
9. Parking spaces must be assigned to the individual apartment units or reserved
for guests in a manner to the satisfaction of the Planning Director.
10. Parking spaces must be maintained to be accessible for parking operable
vehicles at all times.
11 . Roof appurtenances are limited to necessary vents, and must be the same color
as the roofing material and must be to the satisfaction of the Planning Director.
12. Downspouts must either be internal (not visible from the exterior of the building),
or of an architectural design that complements the overall design of the buildings
to the satisfaction of the Planning Director.
13. All windows on the apartment building must have decorative trim. Window
surrounds adjacent to accessible areas must be constructed out of durable
materials and may not have foam cores to the satisfaction of the Planning
Director.
14. Window design must be consistent with the plans as submitted. Any mullions
must be external.
15. All ground mounted utility boxes must be screened with landscaping and all gas,
electric, and water meters must also be screened to the degree allowable by the
utility companies, to the satisfaction of the Planning Director. The Planning
Director may require that the meters and/or boxes be painted to match the
exterior color of the building.
16. Any required railing at the top of slopes or retaining walls must be decorative,
with detailed plans to be submitted for review and approval of the Planning
Director prior to issuance of building permits.
17. Storage on the balconies, except for that which is integral to the design of the
unit, is prohibited and to be enforced by the apartment manager.
18. Native trees, including but not limited to sycamores and other native trees, must
be incorporated into the landscape plan, especially along the trail. None of the
prohibited plants indicated in the Provisionally Acceptable Plant List and the
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Invasive and Prohibited Plant List contained in the city's Landscape Guidelines
may be used in this development.
19. All requirements of the Disposition and Development Agreement shall apply. If
there is a conflict in the requirements of the Disposition and Development
Agreement and these conditions of approval, the requirements of the Disposition
and Development Agreement shall take precedence.
20. Prior to the issuance of a building permit a Lot Line Adjustment shall be
submitted to and approved by the City of Moorpark merging the three existing
lots into one lot. Building permits will only be issued upon proof of recordation.
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