HomeMy WebLinkAboutRES CC 2014 3328 2014 1105 RESOLUTION NO. 2014-3328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO
PLANNED DEVELOPMENT PERMIT NO. 1010, A REQUEST FOR
APPROVAL OF A REDESIGNED ENTRANCE, LARGER FITNESS
CENTER, NEW COMMUNITY RECREATIONAL ROOM,
IMPROVEMENTS TO THE POOL AREAS, NEW EXTERIOR LIGHTING,
CANOPIES OVER TRASH ENCLOSURES, REDESIGNED
RECREATIONAL AND OPEN SPACE AREAS, AND CARPORT
STRUCTURES OVER 148 PARKING SPACES AT AN EXISTING 370-
UNIT APARTMENT COMPLEX AT 51 MAJESTIC COURT (FOUNTAINS
AT MOORPARK); AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER A CLASS 1,
EXISTING FACILITIES EXEMPTION, ON THE APPLICATION OF
DANIEL N. NAGEL FOR DECRON PROPERTIES CORPORATION
WHEREAS, at a duly noticed public hearing on October 15, 2013, the City
Council considered Modification No. 1 to Planned Development No. 1010 on the
application of Daniel N. Nagel of Decron Properties Corporation for a redesigned
entrance, larger fitness center, new community recreational room, improvements to the
pool areas, new exterior lighting, canopies over trash enclosures, redesigned
recreational and open space areas, and carport structures over 148 parking spaces at
an existing 370-unit apartment complex at 51 Majestic Court (Fountains at Moorpark);
and
WHEREAS, at its meeting of October 15, 2013 the City Council 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; and
WHEREAS, the Community Development Director has determined that the
proposed project associated with Modification No. 1 to Planned Development Permit
No. 1010 qualifies for a Class 1 categorical exemption under State CEQA Guidelines
Section 15301 (Existing Facilities) in that approval of this project would allow minor
alterations and additions to an existing apartment complex and these alterations and
additions are consistent with the applicable general plan designation and all applicable
general plan policies as well as with the applicable zoning designation and regulations.
In addition, there is no substantial evidence that the project will have a significant effect
on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . ENVIRONMENTAL DOCUMENTATION: The City Council
concurs with the Community Development Director's determination that the proposed
project associated with Modification No. 1 to Planned Development Permit No. 1010
Resolution No. 2014-3328
Page 2
qualifies for a Class 1 categorical exemption under State CEQA Guidelines Section
15301 (Existing Facilities) in that approval of this project would allow minor alterations
and additions to an existing apartment complex and these alterations and additions are
consistent with the applicable general plan designation and all applicable general plan
policies as well as with the applicable zoning designation and regulations. In addition,
there is no substantial evidence that the project will have a significant effect on the
environment. The City Council has reviewed the Community Development Director's
determination of exemption, and based on its own independent judgment, concurs in
staffs determination of exemption.
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 City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.030:
A. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style, and colors and materials are consistent
with the provisions of the City's General Plan, and Zoning Ordinance, in that the
proposed project will provide for the orderly development of land identified in the City's
General Plan, and Zoning Ordinance as appropriate for residential development within
Planned Development No. 1010, to be compatible with the adjacent properties, and;
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
modification is consistent with the approved project and the existing adjacent residential
development; and
C. The proposed project is compatible with existing and permitted uses in the
surrounding area, in that the surrounding existing development includes a variety of
density of multi-family homes and retail commercial property.
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves
Modification No. 1 to Planned Development No. 1010 subject to the Special Conditions
of Approval included in Exhibit A, attached hereto and incorporated herein by reference.
Resolution No. 2014-3328
Page 3
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 5th day of November, 2014.
'4 •
Ja, ice S. Parvin, Mayor
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ATTEST: =` :•
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Maureen Benson, City Clerk yr,,
W,Exhibit A— Special Conditions of Approval
Resolution No. 2014-3328
Page 4
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO
PLANNED DEVELOPMENT No. 1010
1. This Modification No. 1 to Planned Development Permit No. 1010 will expire
one year from the date of its approval unless the use has been inaugurated by
issuance of a building permit for construction. The Community Development Director
may, at his/her discretion, grant up to two (2) additional one-year extensions for use
inauguration of the Modification to the Planned 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 shall be made in writing, at least thirty (30) days prior
to the expiration date of this Modification and shall be accompanied by applicable
entitlement processing deposits.
2. The applicant's acceptance of this approval of the Modification No. 1 to
Planned Development Permit No. 1010 and/or commencement of construction
and/or operations under this Modification is deemed to be acceptance of all
conditions of this permit, as amended by Modification No. 1. If any of the conditions
or limitations of this approval are held to be invalid, that holding will not invalidate
any of the remaining conditions or limitations set forth.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The development shall be in substantial conformance with the plans
presented in conjunction with the application for Modification No. 1 to Planned
Development Permit No. 1010, except any modifications as may be required to meet
specific Code standards or other conditions stipulated herein.
5. All other conditions of approval of Planned Development Permit No. 1010
shall continue to apply, except as revised herein. Should there be any conflict
between the conditions of this Modification No. 1 and the conditions of Planned
Development Permit No. 1010, the conditions of this Modification No. 1 shall prevail.
6. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against the City
or its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to do so
or should fail to cooperate fully in the defense, the applicant shall not thereafter be
Resolution No. 2014-3328
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responsible to defend, indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding, if both of the following occur:
The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the applicant.
The applicant's obligations under this condition shall apply regardless of whether a
building permit is ultimately obtained, or final occupancy is ultimately granted with
respect to the permit.
7. 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.
8. The Applicant shall submit landscaping and irrigation plans for review and
approval to the satisfaction of the Community Development Director and Parks and
Recreation Director prior to the issuance of building permits.
9. All necessary permits must be obtained from the Building and Safety
Department and all construction shall be in compliance with the Moorpark Building
Code and all other applicable regulations. Approval of a Zoning Clearance is
required prior to the issuance of building permits. All other permit and fee
requirements must be met.
10. All contractors doing work in Moorpark shall have or obtain a current
Business Registration prior to initiation of work.
11. All new outdoor lighting is subject to review and approval by the Community
Development Director and must comply with Chapter 17.30 of the Zoning Code.
12. The redesigned entry driveway at Moorpark Avenue shall be a minimum of 25
feet in width curb-to-curb to allow for two-way traffic.
13. All refuse and recycling bins for the complex shall be maintained in
enclosures screened with solid walls and decorative gates that have cane poles and
open at least 120 degrees for waste hauler access and are covered with roofs
designed to keep stormwater out of the enclosures, allow for bin doors to be fully
opened, and prevent residents from throwing refuse or recyclables into the
enclosures, to the satisfaction of the Community Development Director and City
Engineer/Public Works Director.
14. All 11 enclosures in the project shall be designed to accommodate a
minimum of 2 bins each. The amount and mix of refuse and recycling containers
Resolution No. 2014-3328
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and the level of service shall be to the satisfaction of the City Engineer/Public Works
Director and consistent with the Moorpark Municipal Code, City Refuse Franchise
Agreements, and City Council Policies. The applicant shall work with the City and
waste hauler to reduce co-mingling of refuse and recyclables and to encourage
additional recycling.
15. The kitchen/lounge and fitness center may not be rented to groups other than
residents of the apartment complex.
16. Should the applicant proceed with the construction of the carport structures,
the final design shall incorporate dark colors on the supports and a fascia of
sufficient size to screen lighting under the canopy to the satisfaction of the
Community Development Director. Enhanced landscaping shall be provided to
screen the two structures adjacent to Moorpark Avenue to the satisfaction of the
Community Development Director and Parks and Recreation Director. Any lighting
shall be fully shielded to avoid light spillover.
17. Condition of Approval 30 from Resolution No. 85-226 is amended as follows:
feserdatienThe following shall be constructed and maintained on the proiect site
subiect to review and approval of the Community Development Director and
Parks and Recreation Director prior to the issuance of building permits:
a) - - - - - - . - " • - • - - -- -
The proiect shall incorporate an outdoor tot
lot/active play area of at least 7,350 square feet in a location as shown in the
approved plans for Modification No. 1 to PD 1010.
b) The developer shall provide at least twe one barbeque/picnic areas on each
side of Majestic Drive.
d) The developer shall provide a minimum of 2,000 square feet of indoor
recreational space with kitchen/lounge/restrooms for use by residents of the
complex - - - - - •'•- - ,- °° - - - - - - - - - -• -• "
e) That t The developer shall provide two pools north and two pools south of
Majestic Drive. All pools are to be a minimum of 20 x 40 feet with spa
facilities. -- - - _ _ e - ":-
f) That prior to the issuance of a zone clearance for the first building permit, the
developer shall satisfy the need for park and recreation facilities generated by
this project by the payment of a fee. For purpose of calculating the fee, said
fee shall be consistent with the formula set forth in Sections 8297-4 et seq. of
the Moorpark Municipal Code. Payment of a fee pursuant to Section 8297-4
et seq. of the Moorpark Municipal Code as part of a subdivision encompassed
Resolution No. 2014-3328
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by the Planned Development Permit shall satisfy this condition. Neither the
cost for design and construction of the bridge nor the on-site facilities shall be
credited to this required fee.
18. Condition of Approval 31 from Resolution No. 85-226 is amended as follows:
That t The developer shall provide and maintain a full-sized tennis court, an
expanded tot lot and playground of at least 7,350 square feet, and a grass area
for play of approximately 29,000 square feet as shown on the approved plans for
Modification No. 1 to PD 1010 -- - - - in
the area of the flood control easement : - - -- • - - - - - - • •
pPicnic tables shall be provided to complement the active play areas. These
facilities sh.T a„ be - - . - - - - • - • - - -,
4-9867
19. Condition of Approval 36 from Resolution No. 85-226 is amended as follows:
- - - - - - • • •
or attached to the exterior of each unit. Storage lockers shall be provided in
secure locations to the satisfaction of the Community Development Director and
Police Chief.
20. Condition of Approval 37 from Resolution No. 85-226 is deleted.
- End -
Resolution No. 2014-3328
Page 8
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2014-3328 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th
day of November, 2014, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 21st day of November,
2014.
Maureen Benson, City Clerk
(seal)
Obit' Arlys7