HomeMy WebLinkAboutRES PC 2013 579 2013 0226 RESOLUTION NO. PC-2013-579
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2012-02 ON A 10.57 ACRE
PARCEL, LOCATED AT 150 CASEY ROAD, ON THE
APPLICATION OF ESSEX PROPERTY TRUST, INC.
WHEREAS, at its meeting of July 18, 2007, the City Council adopted Resolution
No. 2007-2611, adopting a Mitigated Negative Declaration and approving General Plan
Amendment No. 2004-05, to amend the General Plan land-use designations from
Specific Plan 9 (SP-9) — School Overlay to Very High Density Residential (VH); and
adopted Ordinance No. 354, approving Zone Change No. 2004-04, changing zoning of
the property from Rural Exclusive (RE) to Residential Planned Development — 19.0
units per acre (RPD-19.0u); and Resolution No. 2007-2612, approving Residential
Planned Development Permit No. 2004-06 for a two-hundred (200) unit apartment
complex on 10.57 acres located south of Casey Road and west of Walnut Canyon
Road, on the application of Essex Portfolio, L.P.;
WHEREAS, at a duly noticed public hearing on February 26, 2013, the Planning
Commission considered Residential Planned Development Permit (RPD) No. 2012-02
for construction of a 200-unit apartment project on approximately 10.57 acres, located
at 150 Casey Road, on the application of Andrew Baker, Essex Property Trust, Inc.; and
WHEREAS, at its meeting of February 26, 2013 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; and reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: On July 18, 2007, the City
Council adopted a mitigated negative declaration for a 200-unit apartment project,
located at 150 Casey Road. As the project under Residential Planned Development
Permit No. 2012-02 is not substantially different than the previous project, no new
avoidable significant effects have been identified, no new mitigation measures or project
revisions are necessary, and the previously identified mitigation measures will reduce
the potential effects of the project under Residential Planned Development Permit No.
2012-02 to a less-than significant level. Therefore, no further environmental
documentation is required.
Resolution No. PC-2013-579
Page 2
SECTION 2. 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:
The following findings are offered for the Residential Planned Development Permit:
A. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style and colors, and landscaping is
consistent with the provisions of the City's General Plan and Zoning Ordinance,
in that the proposed project will provide an appropriate density development for
the site given its proximity to the downtown area and that the project will
contribute substantially toward the City's Housing Element goal to expand and
protect housing opportunities for lower income households and special needs
groups. The proposed project, including the proposed incentive to allow parking
at an average of 2.0 spaces per unit, is consistent with the provisions of the City's
General Plan and Zoning Ordinance, in that the project will increase housing
opportunities for lower income households and special needs groups.
B. The site design of the proposed project would not create negative impacts on or
impair the utility of properties, structures or uses in the surrounding area, in that
the buildings proposed are appropriate in height, scale, and setback given the
proximity of the site to the downtown area and the traffic improvement conditions
of approval will avoid negative traffic impacts.
C. The proposed project is compatible with existing and permitted uses in the
surrounding area, in that the surrounding existing and future development
includes a variety of housing types, along with public and school uses.
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
Residential Planned Development Permit No. 2012-02 subject to the special and
standard Conditions of Approval included in Exhibit A (Special and Standard
Conditions of Approval), attached hereto and incorporated herein by reference.
Resolution No. PC-2013-579
Page 3
SECTION 4. FILING OF RESOLUTION: The Community Development
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, Hamous, Landis, Vice Chair Groff, and
Chair Gould.
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 26th day of February, 2013.
, ter-,
Diana . Go Id, Chair
1-‘,42//iii, r V
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2013-579
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT PERMINT NO. 2012-02
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following
Special Conditions of Approval. In the event of conflict between a Standard and Special
Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1. Prior to the issuance of a Zoning Clearance for the first building permit, a plan for
the improvements of Casey Road with an extended left-turn lane at Walnut
Canyon Road, a left turn lane into the project driveway off of Casey Road, and
right turn only egress from the project driveway onto Casey Road, must be
submitted for review and approval by the City Engineer and Community
Development Director. The street improvement plans must include provisions for
the minimization of impacts to Walnut Canyon School as a result of street
construction activities. Prior to the issuance of a zoning clearance for the first
final building permit that would allow for occupancy, the improvements must be
installed to City public road standards to the satisfaction of the City Engineer and
Community Development Director. The improvements may include, but not be
limited to curb, gutter, sidewalk, raised median, restriping, moving of and
reinstallation of traffic sensors, tree wells and landscaping.
2. Prior to the issuance of a Zoning Clearance for a grading permit, a construction
traffic and staging plan must be provided for review and approval by the City
Engineer and Community Development Director. Access to the site for grading
and construction must be through High Street. No construction traffic may be
permitted on Casey Road, except as needed to improve Casey Road.
Temporary construction fencing must be installed prior to the commencement of
grading with a safe path of pedestrian travel and maintained until construction is
complete and occupancy has been given.
3. Prior to issuance of a Zoning Clearance for the first building permit, any gates to
control vehicle access must be located in a manner that would allow a vehicle
waiting for entrance to be completely off the intersecting roadway and consistent
with city standards. 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. If gates are to be locked, 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
Resolution No. PC-2013-579
Page 5
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. Prior to the issuance of a Zoning Clearance for a grading permit, plans showing
two-way emergency vehicular access from High Street to the southwestern
corner of the property must be provided in substantial conformance to the design
as shown on the entitlement plans, for review and approval by the City Engineer,
Fire Protection District, and Community Development Director. All improvements
must be installed prior to the issuance of a Zoning Clearance for the first final
building permit that would allow for occupancy, including acquisition of the
square parcel at the south property line, identified as APN 511-0-020-072, which
must be acquired by the developer as part of the required emergency access and
must be provided and accepted as an in fee to the City, to the satisfaction of the
Community Development Director. Any emergency access to High Street must
meet all Fire Protection District and City requirements. Any improvements to
High Street to meet Fire Protection District access requirements must be
completed at the applicant's expense and must be within the existing High Street
rig ht-of-way.
5. A maximum of one gate is allowed on the emergency vehicular access unless an
alternative is agreed upon by the Ventura County Fire Protection District, the
Community Development Director and City Engineer/Public Works Director.
Prior to the issuance of a Zoning Clearance for the first building permit, the
applicant shall obtain approval from the Fire Prevention District for the emergency
only vehicular access connection, to be gated and locked with a Knox box, or other
approved mechanism and provide Fire Protection District verification that this update
is acceptable to the satisfaction of the Community Development Director.
6. Prior to the issuance of a Zoning Clearance for a grading permit, all pedestrian
paths crossing the drive aisles on the project site must be colored decorative
concrete or other durable decorative material to the satisfaction of the
Community Development Director.
7. Prior to issuance of a Zoning Clearance for the first building permit, parking
spaces must be assigned to the individual apartment units or reserved for guests
in a manner to the satisfaction of the Community Development Director.
Individual garage units must have automatic garage door openers and must be
maintained to be accessible for parking operable vehicles at all times.
8. Prior to issuance of a Zoning Clearance for the first building permit, two color
schemes are required for each building type that is used more than once. Colors
on the various stucco planes and cornices must be distinct, but compatible with
the building colors. Changes of color should generally take place on the inside
corners. The applicant shall submit all of the proposed colors, materials and
building finish textures for review and approval to the satisfaction of the
Community Development Director prior to the issuance of building permits.
Resolution No. PC-2013-579
Page 6
9. Prior to issuance of a Zoning Clearance for the first building permit, roof
appurtenances must be limited to necessary vents, and must be the same color
as the roofing material and must be to the satisfaction of the Community
Development Director.
10. Prior to issuance of a Zoning Clearance for the first building permit, construction
plans must show that all windows on the apartment buildings and accessory
buildings must have decorative trim. Window surrounds on the first floor of all
buildings and accessible areas above the first floor on the southern side of the
four (4) 20-unit buildings along the southern property line must be constructed
out of durable materials and may not have foam cores and must be to the
satisfaction of the Community Development Director.
11. Prior to issuance of a Zoning Clearance for the first building permit, construction
plans must show that window design must be consistent with the plans as
submitted. Any mullions must be external.
12. Prior to issuance of a Zoning Clearance for the first building permit, construction
plans for accessory buildings, including but not limited to the leasing office,
recreation building, trash/recycling structures, and carports must incorporate
compatible design and materials, including roof design and materials, as the
apartment buildings to the satisfaction of the Community Development Director.
The leasing office must have enhanced design elements as it is the closest
building to Casey Road, and a sidewalk must be provided around this building.
The pool must be of sufficient size to serve all residents of the complex as
determined by the Community Development Director. The pool must be open
and ready for use prior to the final building permit for the third residential building.
If possible, the common landscape areas should include a sport court. Plans for
these buildings and other improvements must be reviewed and approved prior to
the issuance of a Zoning Clearance for the first building permit for any
construction under this entitlement.
13. Prior to the issuance of a Zoning Clearance for a grading permit, 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 Community Development Director. The
Community Development Director may require that the meters and/or boxes be
painted to match the exterior color of the building.
14. Prior to the issuance of a Zoning Clearance for a grading permit, 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 Community Development
Director prior to issuance of building permits.
Resolution No. PC-2013-579
Page 7
15. Prior to the issuance of a Zoning Clearance for the first building permit, the
construction plans for the balconies must include a solid wall design that is
compatible with the existing architecture, to the satisfaction of the Community
Development Director. Storage on the balconies, except for that which is integral
to the design of the unit, must be prohibited and enforced by the apartment
manager.
16. Prior to the issuance of a Zoning Clearance for the first building permit, the
construction plans for the apartment buildings must include the provision of
suitable conduits and mounting locations within the central roof wells of each
building to allow for mounting individual satellite dishes and/or antennas and
residents will be offered the ability to setup personal satellite television service
accounts utilizing these facilities, to the satisfaction of the Community
Development Director.
17. Native trees, including but not limited to sycamores and other native trees, must
be incorporated into the landscape plan. None of the prohibited plants indicated
in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant
List contained in the city's Landscape Guidelines may be used in this
development.
18. Prior to issuance of a Zoning Clearance for the first building permit, a plan must
be provided for review and approval by the Community Development Director for
covering of the existing flood control channel through the project site boundaries.
19. All requirements of the Development Agreement 2012-03 shall apply. If there is
a conflict in the requirements of the Development Agreement and these
conditions of approval the requirements of the Development Agreement shall
take precedence.
20. Prior to issuance of a Zoning Clearance for the first building permit, an
Assessment District shall be formed to fund future City costs, for the
maintenance of parkway landscaping on Casey Road and Walnut Canyon Road,
landscaping and irrigation of the landscaped area above the retaining wall along the
southern perimeter of the property, storm water quality basin and drainage
improvements, including basin landscaping and irrigation, and maintenance of the
basin access drive and emergency access drive. It shall be the intent of the City
to approve the required assessment each year, but to only levy that portion of the
assessment necessary to recover any past City costs or any anticipated City
costs for the following fiscal year. The City shall administer the annual renewal
of the Assessment District and any costs related to such administration shall be
charged to the Fund established for such district revenues and expenses.
21. Prior to the issuance of a Zoning Clearance for the first building permit, the
applicant shall be required to form an Assessment District; the applicant shall be
required to undertake and complete the following:
Resolution No. PC-2013-579
Page 8
a. At least one-hundred-twenty (120) days prior to the planned recordation of
any Final Map or the issuance of any zoning clearance for building permit,
whichever comes first:
submit the final draft plans for any irrigation, landscaping or
Drainage Improvements [herein "Maintained Areas"] to be
maintained by the Assessment District, along with any required
plan checking fees;
ii. submit a check in the amount of $5,000 as an advance to cover the
cost of Assessment Engineering for the formation of the
Assessment District [Note: Developer shall be required to pay for all
final actual assessment engineering costs related to the
Assessment District formation along with City administrative costs.];
b. At least sixty (60) days prior to the planned recordation of any Final Map
or the issuance of any zoning clearance for building permit, whichever
comes first, submit to the City the completed, "City approved" plans for the
Maintained Areas (landscaping, irrigation and NPDES Drainage
Improvements);
c. Prior to the planned recordation of any Final Map or the issuance of any
zoning clearance for building permit, whichever comes first, submit to the
City a signed Petition and Waiver requesting formation of the Assessment
District [Note: The Petition and Waiver shall have attached to it as Exhibit
`A' the City approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
22. The applicant shall provide improvement plans and construct a 12" recycled
water pipeline on Casey Road, along the frontage of the Essex property, to the
satisfaction of the Ventura County Waterworks District No. 1.
23. Prior to the issuance of a Zoning Clearance for the first building permit, the
applicant shall submit a plan demonstrating pedestrian access connection(s), to
the adjacent Civic Center, to the satisfaction of the Community Development
Director.
-END-