The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1994 1116 CC REG ITEM 08PTo: From: Date: MOORPARk"" P loorpark Avenue Moorpark, California 93021 (805) 529 -6864 iION; A// AGENDA REPORT City of Moorpark The Honorable City Council Jaime Aguilera, Director of Community Developm'127z Prepared by Craig Malin, Assistant Planner November 10, 1994 (CC hearing 11/16/94) Subject: Consider Minor Modification No. 1 to Residential Planned Development Permits 90 -2, 90 -3 and 90 -4 (Hartman). Request for two one year extensions. Background Residential Planned Development Permits 90 -2, 90 -3 and 90 -4 were approved by the City Council on October 2, 1991 for the construction of 116 single family homes, 85 townhomes and 90 condominiums on a 34 acre site on Los Angeles Avenue. Condition No. 7 of Resolutions 91 -803 and 91 -805 set an expiration date two years from the project approval, with a one year extension if approved by the Director of Community Development. On October 1, 1993, the Director approved a one year extension. This Minor Modification application was filed on September 28, 1994, four days before the permit was set to expire on October 2, 1994. Discussion This request for a Minor Modification is for two (2) one year extensions, before use inauguration must occur. Condition No. 7 of the approving Resolution allowed an extension if the applicant "has worked diligently towards inauguration of the project during the two year period." The applicant met this condition, which allowed the original extension to be granted. However, the condition also required use inauguration (building foundation in place and substantial work in progress) to occur by the expiration date or the permit would expire. Because the foundations have not been built and no work is in progress, this request for a time extension cannot be approved. 00091 PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed on Recycled Paper This proposal has been reviewed by the Director of Community Development who denied the application on November 2, 1994. Pursuant to Resolution No. 88 -523, the Director has the authority to deny Minor Modifications. This matter is being forwarded to the Council in compliance with Council Policy. Should the Council, or any other party, desire to appeal the Director's decision, a hearing should be scheduled. The last day for an appeal to be filed is November 18, 1994. The next available hearing date is December 7, 1994. If the Council takes no action, the Director's decision will stand and become effective November 19, 1994. •U!- .. Receive and File the Report Exhibit: A) Condition No. 7 of Resolutions 91 -803 and 91 -805 B) Minor Modification No. 1 to RPD 90 -2, 90 -3 and 90- 4 cc: Planning Commission Minor Mod Logbook at counter RPD 90 -2, 3 and 4 File, Minor Mod No. 1 folder C: \WP51 \CLAIG \HARTMAN.SR 00092 Residential Planncd Development Permits 90-2 and 90-3 The Westland Company August 7, 1991 7. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two -year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. A sign permit is required for all on -site signs and directory boards. 12. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. 13. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 15. The final construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans, which shall generally be in conformance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and fmal installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as speed by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits arc subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 00091 Zesidential Planned Development Permit 90-4 ['he Westland Company \ugust 7, 1991 Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two-year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. A sign permit is required for all on -site signs. 12. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. 13. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 15. The final construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The fmal landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 00 094 E')",H I BIT_ COMMUNITY DEVELOPMENT DEPARTMENT DENIAL OF A MINOR MODIFICATION November Z, 1994 Minor Modification No. 2 Residential Planned Development Permit No.: 90 -2, 90 -3, 90 -4 Filed by: Hartman - Moorpark LTD 2575 Vista Del Mar Ventura, Ca, 93001 Denied by the Director on: November 2, 1994 For: Request for two one year extensions to Residential Planned Development Permits 90 -2, 90 -3 and 90 -4 As shown on Exhibit "A ". The land involved is Assessor's Parcels No.: 506 -0- 030 - 13/14/15/17, in the RPD zone. California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 21 exemption for minor alterations. Basis for denial: Condition No. 7 of Resolutions 91 -803 and 91 -805 required building foundations to be in place and substantial work to be in progress before an extension could be approved. This has not occurred, and as such, no extension can be approved. Appeals: As stated in Section 8111 -8, within 16 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the City Council to review the matter at the earliest convenient date. me R. Aguilera lo-J-6 irector of Community Development Date: / 4 cc: Planning Commission City Manager 00095 Develo ment Services Company November 16, 1994 HAND DELIVERED Steve Kueny, City Manager 790 E. Santa Clara St., Suite 103 Ventura. California 93001 Tel: (805) 643 -4082 Fax: (805) 643 -0903 City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Development Permits 90- 2,90± and 90 -4 (Hartman). Dear Mr. Kueny: We are writing to you on behalf of our client, Hartman - Moorpark, Ltd., a California Limited Partnership, which holds title to the property which is the subject of the development permits described above. We understand that the Director of Comm -unity Development has denied the request for an extension or the captioned planned development. per•r,its. This is to advise you that wf take :issue with that action for two reasons: 1. Pursuant to Subdivisioi. Map Act Section 66452.11, the effectiveness of all tentative maps and related permits has been extended for two {21 years beyond their stated expiration dates. the clear intent of this recer:t -y enacted state law was tc acknowledge the economic difficulties of deve=lopment: in light of the on going recession, and to extend thE' effectiveness of development approvals and entitlements. The planned development permits set forth ab(:ve are: subject t_e that sate mandated extension. 2. Denial of the extension of the captioned planned development permits should not be determined by consent calendar and, if necessary, :; hould be addressed as a scheduled hearing item Steve Kueny, City Manager City of Moorpark Page 2 The position of Hartman - Moorpark, Ltd. is further set forth in the attached correspondence from their attorney, Cox, Castle & Nicholson. We respectfully request that the above development permits be extended, and that this matter be rescheduled for proper hearing. Very try+Xy yours, Brad�'/e* B. Jdines m / i Prip j BBJ /ba