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AG RPTS 2016 0223 PC REG
PP PpK c4(,.P F 4�" 1 2 v 210- _� �� t1t90� 9 oq'1. Resolution No. 2016-607 PLANNING COMMISSION REGULAR MEETING AGENDA FEBRUARY 23, 2016 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Debi Aquino Mark Di Cecco Daniel Groff Bruce Hamous Kipp Landis Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nomination for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations, and vote. (Staff: David Bobardt) 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda February 23, 2016 Page 2 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Congratulations to Commissioner Aquino on being presented a Distinguished Service Award by the Moorpark Chamber of Commerce on January 30, 2016, during the 2016 Installation and Awards Dinner. B. Joint Meeting of the City Council and Planning Commission on April 27, 2016, at 8:15 p.m. to discuss goals and objectives. 8. PUBLIC HEARINGS: (next Resolution No. PC-2016-607) None. 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time, and Place. Staff Recommendation: Approve the 2016 regular meeting schedule of the fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, California 93021. (Staff: David Bobardt) B. Consider Resolution Approving Modification No. 1 to Planned Development (PD) Permit No. 2015-01, a 24-Unit Apartment Complex in the Residential Planned Development 20 Units to the Acre (RPD2OU-N-D) Zone, Located between Charles Street and Everett Street, and between Moorpark Avenue and Walnut Street, on the Application of the Area Housing Authority of the County of Ventura. Staff Recommendation: 1) Find the project complies with the development standards in Chapter 17.76 of the Moorpark Municipal Code; 2) Adopt Resolution No. PC-2016- approving Modification No. 1 to Planned Development Permit No. 2015-01. (Staff: Joseph Fiss) 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of November 24, 2015. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, February 23, 2016, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 19, 2016, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 19, 2016. QpJ / ce R. Figueroa, Administrative Assistant II ITEM: 4.A. MOORPARK,CALIFORNIA Planning Commission of 2. 2,). 2nl'(r ACTION: 1 e rcv Chnir_ 61pp Li-1P ') cw.(�r r�sr ( hi1r BY: ) 14 WrL o. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission , FROM: David A. Bobardt, Community Development Director / • DATE: February 19, 2016 (PC Meeting of 2/23/2016) SUBJECT: Consider Selection of Chair and Vice Chair BACKGROUND/DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2008-529 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair from among the appointed members at the first regular meeting of each year. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one-year term or until a successor is chosen (at any time) by three (3) or more affirmative votes. STAFF RECOMMENDATION 1. Open the floor to nominations for a Chair; 2. Once sufficient nominations have been made, close the nominations and vote; 3. Open the floor for nominations for a Vice Chair; and 4. Once sufficient nominations have been made, close the nominations and vote. S:\Community Development\PLANNING COMMISSION\PC Policies\agenda reports\2016\2016 0223 select chair docx 1 MOORI'I►IEWIt cAM Planning Comm ssion of h. SOI L ACTION: piN/tiYi Sin f f P(miw n r ii i1(1") BY: 3 : fig deli (.1a. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission 'V$FROM: David A. Bobardt, Community Development Director DATE: February 19, 2016 (PC Meeting of 2/23/2016) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Municipal Code Section 2.36.080 and Section 12.1 of Resolution No. PC-2008-529 (Rules of Procedure for Commission Meetings and Related Functions and Activities), call for the Planning Commission to hold regular monthly or bi-monthly meetings as determined by the Commission. As this is the first meeting of 2014, it is appropriate to set the Planning Commission calendar for the year. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Planning Commission regular meetings for the past nine years have been held the fourth Tuesday of each month, starting at 7:00 p.m. with additional special meetings as needed to accommodate heavier work loads, or to address Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2016. A calendar reflecting this recommendation is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. STAFF RECOMMENDATION Approve the 2016 regular meeting schedule of the fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. Attachment: 1. Recommended Regular Planning Commission Meeting Calendar S:\Community Development PLANNING COMMISSION\PC Policies\agenda reports\2016\2016 0223 pc calendar.docx 2 MOORPARK CITY COUNCIL AND COMMISSION 2016 REGULAR MEETING SCHEDULE EMI 11111111111Yt• EBRUARY mARC11 ......11 ..11©©.11 11©©11.11111 EMU 10 11®® 11©©11 10 11® 10 1111111111111111 ®®_11®111 20 11®®11111®11 MIEN 20 ®11® ®1111®®®® 20 ®®11U11® ®®®®®® 30 111111111MM111111 NUN 30 MEM APRII mnY JURE MO ® MO m©11000321 ® MO 11211ZI®0EMI ■■■■■11® 11©©11©1111 ■■■11©©© ©11©1111©11 ©11 10 11®11® ©11111111 10 m 10 111111111111111 IiiiilL91110 20 ® ®®I1® 11111® NM 20 NM11111111111113111111 lii 2° ®®®®® 1111111111111111 3° O 30 ®■■E■ U®111130 NM irimmiJULY AUGUSTiniri SEPTEMBER ••••11111© ■i ©©m ©si ■■■�•©© ©.1111_. 10 M®® ©©1111111110 10 ®®111®® ®L11®11 20 11111111111111111 NMI 2° EMU ®®®x®11111 ®IN 20 ®®®® ®®®U®® 30 ®U 30 U•UU UUUUU 30 U OCTOBER AOVEMBER DECEMBER MO m©®Dm ® MO m©18111©01 ® MO m©EEI0� ■■■■■■� ■■.©©.© ■■■■.©© ©©.1111.11 11_1110 IM® 1111111111111.11111 10 10 ®®�® UU_UU®U U®®U®UU 1111mm 20 ®® 20 ®®11®®11 m11 20 ®®11® UUU 30 ■■■ ®®U®® 30 II CITY COUNCIL LIBRARY BOARD OVERSIGHT BOARD 1ST&3RD Wednesdays 7:00 PM 2ND Tuesdays 6:00 PM 3RD Tuesdays 3:30 PM PLANNING COMMISSION ARTS COMMISSION PARKS&REC COMMISSION 4T"Tuesda s 7:00 PM 3RDTuesdas Quarter' 6:00 PM 1ST Monda s 6:30 PM PC ATTACHMENT 1 3 ITEM 9.B. MOORPARK,CALIFORNIA Planning Commission of 2. 2 .5- 20 i(0 ACTION: f p priWi rl iOrr'.mnliz_n i( 1C'r . Mrvpi rt 13(76-)r). 70. PC- BY: 5 (r9liefe,lL MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Joseph Fiss, Economic Development and Planning Manager DATE: February 16, 2016 (PC Meeting of 2/23/2016) SUBJECT: Consider Resolution Approving Modification No. 1 to Planned Development (PD) Permit No. 2015-01, a 24-Unit Apartment Complex in the Residential Planned Development 20 Units to the Acre (RPD2OU-N-D) Zone, Located between Charles Street and Everett Street, and between Moorpark Avenue and Walnut Street, on the Application of the Area Housing Authority of the County of Ventura BACKGROUND On May 26, 2015 the Planning Commission adopted Resolution No. PC-2015-603 (PC Attachment 3), approving Planned Development (PD) Permit No. 2015-01, a 24-unit apartment complex in the Residential Planned Development 20 Units to the Acre (RPD2OU-N-D) zone, located between Charles Street and Everett Street, and, between Moorpark Avenue and Walnut Street, and made a determination of exemption under CEQA in connection therewith. On February 12, 2016, the Area Housing Authority of the County of Ventura submitted a modification application requesting site plan and floor plan modifications while maintaining the approved number of dwelling units. As with the original design, this is a use by right, in that the Planned Development permit must be approved if the Planning Commission determines that the project is in compliance with the development standards of the RPD2OU-N-D zone. The decision of the Planning Commission is final unless appealed to the City Council. 4 Honorable Planning Commission February 23, 2016, Regular Meeting Page 2 DISCUSSION The applicant is proposing several modifications to the original approved Planned Development permit. The project was originally approved as a 24-unit rental apartment complex in three buildings: five 3-bedroom townhomes in one 2-story building, one 2-bedroom manager unit above a community room in a second two-story building, and fifteen 2-bedroom flats, and three 3-bedroom flats in a 3-story building. The overall architectural style of the project will not change. The project has been redesigned to eliminate the detached manager unit and to incorporate it, and the community room into the 3-story building. The 3-story building has been flipped in order to better accommodate the floor plan changes. The building was originally designed with "four sided architecture" allowing for either side to face the street appropriately. Due to poor soil conditions on the site, the 2-story manager unit/community room on the Charles Street lot was required to be redesigned to a 1-story non-habitable structure. A 2-story residential building would have required excavation and installation of a geo-pier foundation system. This excavation would cause potential instability for the adjacent residential structures. A non-habitable detached open air community building could be built with a conventional foundation. Said detached open air community patio building is designed to appear as a single family home from the street. This will also allow a larger community garden and barbecue area. This design also allows the play area to be relocated away from the parking lot to within the community area. With the redesign, the project will still have 24 units. The five 3-bedroom townhomes in one 2-story building will remain unchanged, and there are now proposed to be one 1- bedroom unit, fifteen 2-bedroom units, and three 3-bedroom units (for a total of nineteen units) in the three story building. Each unit includes a private balcony or deck. All of the units would be affordable to, and rented by very-low and low-income households. The project still includes a number of common amenities, including, a tot-lot, two barbecue areas, a community garden, a first floor community room, bicycle racks, a trash/recycling enclosure, and solar carports. A common laundry room will be provided on the third floor of the flat building adjacent to a new exterior deck, and private laundry facilities are provided in the townhomes. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision: • Community Patio Building Facing Charles Street \\DC1\Department Share\Community Development\DEV PMTS\R P D\2015-01 Area Housing Authority\Mod 1\PC Agenda Report 160223.docx 5 Honorable Planning Commission February 23, 2016, Regular Meeting Page 3 As mentioned above, a detached open air community patio building, designed to appear as a single family home from the street, will be built on the Charles Street lot. This building was originally proposed to be the community center for the project, with an upstairs manager unit. This design, while more costly, also separated the community area and the manager from the rest of the site. The new design will allow for a larger community garden and barbecue area. This design also allows the play area to be relocated away from the parking lot to within the community area, while still being adjacent to the main portion of the site. Architecturally, the community patio building will be designed to mimic a single family home facing Charles Street. The design will consist of Craftsman elements and will include a front window, front door, driveway, and one accessible parking space. From the rear, the building will be an open pavilion, providing a barbecue, shade, and storage. A six foot high block wall will surround the site. It is not anticipated that this use will have a substantially greater impact than a normal backyard. Staff will work with the applicant to ensure that any yard lighting will be consistent with the standards of Chapter 17.30 of the Moorpark Municipal Code (Lighting Regulations). When proposed as a manager unit and community room a driveway and accessible parking space was appropriate. As a patio building, such a parking space is not as necessary. Accessible parking and an accessible path of travel is provided from the main portion of the site. Staff would like to work with the developer to eliminate this driveway, and replacing it with a walkway and additional landscaping. Such a change would allow additional street parking for the neighborhood and would reduce the need for additional monitoring of this area. PLANNED DEVELOPMENT DETERMINATIONS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission makes the following determinations in accordance with City of Moorpark, Municipal Code Section 17.76.040: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, satisfies the objective requirements of the general plan, zoning ordinance, and any other applicable ordinances, or federal or state regulations; and B. The project complies with the development standards in Chapter 17.76 of the Moorpark Municipal Code. \\DC1\Department Share\Community Development\DEV PMTS\R P D\2015-01 Area Housing Authority\Mod 1\PC Agenda Report 160223.docx 6 Honorable Planning Commission February 23, 2016, Regular Meeting Page 4 PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: February 12, 2016 Planning Commission Action Deadline: May 12, 2016 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has previously reviewed this project and found it to be Categorically Exempt in accordance with Section 15332 (Class 32, Infill Projects) of the California Code of Regulations (CEQA Guidelines) in that it is consistent with the provisions of the General Plan and Zoning Ordinance, is proposed on a site that is 5 acres or less with no value as habitat for endangered, rare, or threatened species, would not result in any significant traffic, noise, air quality or water quality impacts, and is adequately served by all required utilities and public services. The previous findings continue to apply and no further environmental documentation is required. \\DC1\Department Share\Community Development\DEV PMTS\R P D\2015-01 Area Housing Authority\Mod 1\PC Agenda Report 160223.docx 7 Honorable Planning Commission February 23, 2016, Regular Meeting Page 5 STAFF RECOMMENDATION 1. Find the project complies with the development standards in Chapter 17.76 of the Moorpark Municipal Code. 2. Adopt Resolution No. PC-2016- approving Modification No. 1 to Planned Development Permit No. 2015-01. Attachments: 1. Location Map 2. Aerial Photograph 3. PC Resolution 2015-603 4. 5/26/2015 Planning Commission Agenda Report (Without Exhibits and Draft Resolution) 5. Project Exhibits: Under Separate Cover 6. Draft PC Resolution \\DC1\Department Share\Community Development\DEV PMTS\R P D\2015-01 Area Housing Authority\Mod 1\PC Agenda Report 160223.docx 8 8 i ,0 4 ir) in co ac I n 1..-3 •,- 91. el 1 o 6 a) el " OCI L-• !tg a el $1 cv cN ___4c.. E ,---.1 CY .4.. , , 1 0 na CV i. 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U) W C) 0 E ,...,„0 0- > NI \ / 1 E LL- a) „.. , , ,,,, , , ' „- I 8/ ii 1 (11 0 'CI. .” t ace,t _,...",...."' (73 CtS 1/4 l .,,.., I to r= -.F. .4... .I..• n CO c0 a) O.03 I II 2 0_0 .2 E cl) i cn cn ozi .c 1-- O. PC ATTACHMENT 1 9 Is c 'T, - tom)1 )4 � • o ci i , ra e' r.. 47 :4� C j I 11 -, E 22 J co tn, ... , 0.• 1 - 0 7.1 .0c61 a u - ,r :. ''''g. _-it: - CtS 03 L iii.-_-.. _: y o (13 e _ _ . �. 1 a c 'a `j la 0 T 2 L mop • Lo ea i c-- o 0 f - N c N a t' J, I 3 in V a ', i; • p Cis • y. =: n.c i _� / / .;--- AV)4 VdN00n � r :° r, eo o, ,.,,. ,rm.. C Z a, a 7,„ N z, . /49 . . _ c a_ � o � � r• c2 C O ,-- tf? MI N 0,_ � a E a a cB 0 p Pi i To cu o ea co E a a 0 %,.‘ � cu ' II w e I o S Y, E rib?", 1. t.' 09 as r 'moi .0 - PC ATTACHMENT 2 10 RESOLUTION NO. PC-2015-603 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PLANNED DEVELOPMENT (PD) PERMIT NO. 2015-01, A 24-UNIT APARTMENT COMPLEX IN THE RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD2OU-N-D) ZONE, LOCATED BETWEEN CHARLES STREET AND EVERETT STREET, BETWEEN MOORPARK AVENUE AND WALNUT STREET, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA WHEREAS, on May 8, 2015, an application for Planned Development (PD) Permit No. 2015-01 was filed by the Area Housing Authority of the County of Ventura for review of a 24-unit apartment complex on 1.2 acres, located between Charles Street and Everett Street, between Moorpark Avenue and Walnut Street; and WHEREAS, at a public meeting on May 26, 2015 the Planning Commission considered Planned Development (PD) Permit No. 2015-01; and WHEREAS, at its meeting of May 26, 2015 the Planning Commission considered the agenda report and any supplements thereto; and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 of the CEQA Guidelines as a Class 32 exemption for infill projects in that it is consistent with the provisions of the General Plan and Zoning Ordinance, is proposed on a site that is 5 acres or less with no value as habitat for endangered, rare, or threatened species, would not result in any significant traffic, noise, air quality or water quality impacts, and is adequately served by all required utilities and public services. No further environmental documentation is required. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the finding of the Community Development Director that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 of the CEQA Guidelines as a Class 32 exemption for infill projects in that it is consistent with the provisions of the General Plan and Zoning Ordinance, is proposed on a site that is 5 acres or less with no value as habitat for endangered, rare, or threatened species, would not result in any significant traffic, noise, air quality or water quality impacts, and is adequately served by all required utilities and public services. No further environmental documentation is required. PC ATTACHMENT 3 Resolution No. PC-2015-603 Page 2 SECTION 2. PLANNED DEVELOPMENT DETERMINATIONS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission makes the following determinations in accordance with City of Moorpark, Municipal Code Section 17.76.040: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, satisfies the objective requirements of the general plan, zoning ordinance, and any other applicable ordinances, or federal or state regulations; and B. The project complies with the development standards in Chapter 17.76 of the Moorpark Municipal Code. SECTION 3. PLANNING COMMISSION APPROVAL: A. The Planning Commission approves Planned Development (PD) Permit No. 2015-01 subject to the Development Standards included in Exhibit A. 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 Aquino, Groff, Hamous, Landis, and Chair Di Cecco NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 26th day of May, 2015. a//ffi/ti Mark i o, Chair David A. Bobardt, Community Development Director Exhibit A — Development Standards 12 Resolution No. PC-2015-603 Page 3 EXHIBIT A DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT PERMIT NO. 2015-01 1. Prior to issuance of a Zoning Clearance for plan check, provide revised plans showing a relocated tot-lot, additional parking lot landscaping, and reducing parking, subject to the satisfaction of the Community Development Director. 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. 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. 4. The elevator must be designed to accommodate a gurney or stretcher, consistent with Chapter 30 of The California Building Code. (Elevators and Conveying Systems) 5. Parking spaces must be assigned to the individual apartment units or reserved for guests in a manner to the satisfaction of the Planning Director. 6. Parking spaces must be maintained to be accessible for parking operable vehicles at all times. 7. The trash/recycling enclosure shall be sized to accommodate both trash and recycling as required by the Moorpark Municipal Code. 8. 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. 9. 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 Invasive and Prohibited Plant List contained in the city's Landscape Guidelines may be used in this development. 10. 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. 11. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall submit to the Community Development Director for review and approval, 13 Resolution No. PC-2015-603 Page 4 with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls must be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan must demonstrate proper vehicle sight distances subject to the review of the City Engineer and Public Works Director and in accordance with the Zoning Code, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer and Public Works Director, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 12. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. Prior to the issuance of a grading permit, a tree survey must be prepared to determine the valuation of the mature trees to be removed. Enhanced replacement landscaping of equal or greater value, as determined by the Community Development Director, must be installed in accordance with the current applicable provisions of the Moorpark Municipal Code. 13. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) the applicant shall install front yard landscaping, including sod, one fifteen (15) gallon tree and an automatic irrigation system, as approved on the landscape plans. (This Condition Applies to Single-family Residential Projects) 14. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, must be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, must be in conformance with the Moorpark Municipal Code. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 15. Curbs, gutters and sidewalks shall be reconstructed as needed to the satisfaction of the City Engineer/Public Works Director. 16. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code and will be considered a violation of the Conditions of Approval. Tree trimming for the purposes of maintaining the health of trees is permitted with prior approval of the Community Development Director and City's designated arborist. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects.) 14 Resolution No. PC-2015-603 Page 5 17. When available, use of reclaimed water is required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Public Works Director and Ventura County Waterworks District No. 1. 18. Landscaped areas must be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, must be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the Community Development Director and City Engineer and Public Works Director for review and approval prior to the issuance of a building permit. 19. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. 20. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along lot boundaries must be in place, unless an alternative schedule is approved by the Community Development Director. 15 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Joseph Fiss, Planning Manager DATE: May 21, 2015 (PC Meeting of 5/26/2015) SUBJECT: Consider Resolution Approving Planned Development (PD) Permit No. 2015-01, a 24-Unit Apartment Complex in the Residential Planned Development 20 Units to the Acre (RPD2OU-N-D) Zone, Located between Charles Street and Everett Street between Moorpark Avenue and Walnut Street, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of the Area Housing Authority of the County of Ventura BACKGROUND On May 8, 2015, a Planned Development Permit application was filed by the Area Housing Authority of the County of Ventura for review of a 24-unit apartment complex on 1.2 acres, located between Charles Street and Everett Street, between Moorpark Avenue and Walnut Street. The site is currently owned by the City of Moorpark and the project will include a Disposition and Development Agreement (DDA) and a Housing Agreement between the City and the Area Housing Authority, as the proposed development would be 100% affordable to lower income residents. The DDA and Housing Agreement will require City Council approval. On May 16, 2012, the City Council adopted its 2008-2014 Housing Element Update. Program No. 3 of this update was to create a zoning district that allows owner-occupied and multi-family rental residential development by-right at a density of 20 units to the acre. This program was necessary to meet the City's fair-share regional housing needs for lower income households. As a result of this, on September 11, 2013, after public hearings by the Planning Commission and City Council, the City Council adopted ordinances creating the Residential Planned Development 20 Units to the Acre (RPD2OU-N-D) zone and rezoning this site, along with two other properties, to RPD2OU-N-D. As part of this process, the General Plan land use designation and Downtown Specific Plan land use designation for this site were also both changed to Very High Density Residential (VH). Neighbors were notified of this change by mail and notices were published in the newspaper and posted on site. The Zoning Ordinance Amendment established the Planned Development Permit application process for the RPD2OU-N-D zone, designating the Planning Commission PC ATTACHMENT 4 16 Honorable Planning Commission May 26, 2015 Page 2 as the approval authority, and creating required development standards and findings for approval. The Planning Commission must hold at least one public meeting on any PD permit application in this zone. This is a use by right, in that the Planned Development permit must be approved if the Planning Commission determines that the project is in compliance with the development standards of the RPD2OU-N-D zone. The decision of the Planning Commission is final unless appealed to the City Council. DISCUSSION Project Setting Existing Site Conditions: The 1.2 acre site currently consists of four adjacent lots, two of which are currently unimproved, one lot includes a former fire station, currently used as a support building for the High Street Arts Center, and one lot includes offices for the Boys and Girls Club. The generally flat site is bounded by Charles Street, Everett Street, Moorpark Avenue, and Walnut Street. Previous Applications: There have been no previous applications for development of this site. The existing buildings on site were constructed prior to City incorporation. • GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Residential Planned Vacant; Fire Station; VH (Very High Site Density Residential) Development 20 Units to Boys and Girls Club the Acre (RPD2OU-N-D) Offices M (Medium Density Single Family Residential , North Residential) and H (R-1) and Residential Vacant (High Density Planned Development Residential) (RPD7-14U) M (Medium Density Single Family Residential Single Family South Residential) and 0 (R-1) and Commercial Residential and (Office) Office (C-O) Dental Office East M (Medium Density Single Family Residential Single Family Residential) (R-1) _ Residential PuWest (Public/Inst utional) Institutional (I) Civic Center S:\Community Development\DEV PMTS\R P D\2015-01 Area Housing Authority\PC Agenda Report 150526.docx 17 Honorable Planning Commission May 26, 2015 Page 3 General Plan and Zoning Consistency: Multiple Family Residential development is consistent with the VH land use designation and the RPD2OU-N-D zoning designation of the site, and with the Downtown Specific Plan, which includes the site within its boundaries. The applicant is proposing a 24—unit apartment complex on the site, which is consistent with the RPD2OU-N-D zoning designation. As mentioned above, the City can grant certain concessions to development standards for projects that provide affordable housing. The applicant is proposing certain reductions in development standards in order to maximize the number of affordable housing units provided. These issues are discussed in the Analysis section below. Chapter 17.76.010 of the Moorpark Municipal Code establishes the development regulations and standards for the development of the properties within the RPD2OU-N-D zone to allow for development of affordable multi-family housing as a permitted use and not subject to discretionary review or approval, and to provide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environment in which to live, work and recreate. There are 105 development standards within the RPD2OU-N-D zone. The Planning Commission must find that the project complies with these standards, or that concessions are appropriate for the provision of affordable housing. A copy of the RPD2OU-N-D code section is included as Attachment No. 3. A table has been included as Attachment No. 4, showing where the project complies with the standards, where an Affordable Housing Concession is requested, and if conformity will be confirmed during Plan Check, Zoning Clearance, Building Permit Construction, or Final Inspection. Development standards have been identified in the draft resolution in that they amplify or clarify existing code requirements that may not be exhibited on the plans or in the application. Project Summary Planned Development (PD) Permit No. 2015-01: The 24-unit rental apartment complex is proposed in three buildings: five 3-bedroom townhomes in one 2-story building, one 2-bedroom manager unit above a community room in a second two-story building, and fifteen 2-bedroom flats, and three 3-bedroom flats in a 3-story building. The manager unit and each flat include one bathroom, and the townhomes each include two bathrooms. Each unit includes a private balcony or deck. All of the units would be affordable to, and rented by very-low and low-income households. All units except for the manager's unit are accessible for disabled individuals. The project includes a number of common amenities, including, a tot-lot, two barbecue areas, a community garden, a community room, bicycle racks, a trash/recycling enclosure, and solar carports. Common laundry rooms are provided on each floor of the flat building, and private laundry facilities are provided in the manager unit and the townhomes. S:\Community Development\DEV PMTS\R P D12015-01 Area Housing Authonty\PC Agenda Report 150526.docx p 18 Honorable Planning Commission May 26, 2015 Page 4 An elevator provides access from the ground floor garage to the second and third floors of the building fronting on Everett Street. Proposed Project Architecture: The proposed architectural style of the three residential buildings uses Craftsman materials and features, including low-pitched hip and gable roofs with flat concrete tiles, wood fascia and eaves, exposed rafter tails, wood knee braces, horizontal wood siding, standard and scalloped shingle wood siding, divided light windows with wood casings, cultured stone veneer on the ground floor, along with cement plaster exterior walls. The main colors of the buildings are a combination of beige/tan, mustard/gold, green/sage and accent colors in a range from off-white to brown. The style, colors, and materials are consistent with the surrounding area, and with the requirements of the Downtown Specific Plan. The City requires that affordable housing units must be of similar design and quality as market-rate units. Exteriors and floor plans of affordable units must be similar in colors and materials to market-rate units. Although this project is not developed in conjunction with a market-rate housing development, the interior and exterior design is indistinguishable from a comparable market-rate development. Setbacks: The Downtown Specific Plan and the Zoning Code call for the Residential Planned Development zone to provide a flexible regulatory environment that encourages creative and innovative design and to act as a transition between Single Family Residential and the Old Town Commercial Buildings. The applicant is proposing reduced street side setbacks on Moorpark Avenue, Everett Street, and Walnut Street. Although the RPD2OU-N-D zoning designation includes specific setback and development standards, the Downtown Specific Plan, and City and State Density Bonus provisions allow for development concessions and incentives for the provision of affordable housing. This is sometimes necessary in order to attain residential densities that can accommodate and maximize the provision of affordable housing units. This issue is discussed in detail in the Analysis section of this report. Circulation: There is one driveway entrance to the project from Everett Street, and one from Walnut Street, providing access to 57 surface parking spaces. One accessible parking space is provided off of Charles Street for access to the office and community room. • S:\Community Development\DEV PMTS\R P D12015-01 Area Housing Authority PC Agenda Report 150526.docx 19 Honorable Planning Commission May 26, 2015 Page 5 Parking: Proposed Use Spaces Required Spaces Provided Resident Parking 48 (2 per unit) 48 (2 per unit) Guest Parking 12 (0.5 per unit) 9 (0.375 per unit) Total 60 57 This project does not meet the full parking requirements per the City's parking ordinance. A deficit of three (3) guest parking spaces (5 percent of the required spaces) has been proposed. A reduction of required parking may be granted by the City Council for affordable housing as part of its consideration of the housing agreement for this project. This issue is discussed in detail in the Analysis section of this report. Landscaping: Although a landscaping plan has not yet been submitted, any landscaping must comply with the City's Landscape Design Guidelines. The applicant has indicated that they will be proposing a theme similar to the affordable housing project at 396 Charles Street, which includes many medium to large evergreen and deciduous trees within a "riparian" type setting. The entire landscape concept will be required to be generally low- maintenance and low-water usage. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The project is required to provide for all necessary on-site and off-site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration: • Concessions o Setbacks o Parking and Landscaping S:1Community DevelopmenttDEV PMTS R P D\2015-01 Area Housing Authority\PC Agenda Report 150526.docx 20 Honorable Planning Commission May 26, 2015 Page 6 As mentioned above, concessions and/or incentives for eligible residential development projects in accordance with state density bonus law and the Moorpark Municipal Code through the approval of a residential planned development permit, development agreement, and/or disposition and development agreement, and a housing agreement. This project includes such permits and agreements. In order to develop the 24 units allowed on the irregularly shaped site by the RPD2OU-N-D zoning designation, certain concessions to the setback, parking, and landscaping standards are proposed. • Setbacks Building design on this site is proposed to be "form based", meaning that building design should address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. This building has been designed to be consistent with the setbacks and building separations that are typically found in this neighborhood. The RPD2OU-N-D regulations require a 20-foot setback for the front yard and 15-foot setbacks for rear yards and street side yard setbacks. Architectural projections are allowed to extend 16 inches in the front setback and 18 inches into the rear setback. Accessory structures, such as the proposed carports, can be placed within 5 feet of interior side or rear lot lines. Because this site has frontage on four streets, it is necessary to evaluate the proposed site layout to determine which side of the lot constitutes the front, the rear, and the sides for setback purposes. Based on the proposed community room/manager unit having its front face Charles Street and the other buildings being oriented toward the inside of the lot from Everett Street and Moorpark Avenue, the front yard of this site would be adjacent to Charles Street, with street "side" yards being adjacent to Moorpark Avenue and Walnut Street, and the rear yard being adjacent to Everett Street. As such, the community room/manager unit complies with the required 20 foot front setback requirement, and only minor concessions are requested for the required rear yard setbacks as noted below. Along Moorpark Avenue, the townhouse building (Building B as shown on the plans) is proposed to be set back from the street side property line 14 feet, 3 inches. This 9-inch reduction from the 15-foot standard is allowed under the density bonus provisions, which allow up to a 20 percent reduction in development standards. A 6-foot high decorative block screen wall is proposed to be set back from Moorpark Avenue by 10 feet, which is allowed by the Zoning Ordinance. On Everett Street, the apartment building (Building A as shown on the plans) structural wall is set back from the property line 16 feet, 1 inch, in compliance. The balconies and patios are set back 12 feet. This 3-foot reduction is allowed under the density bonus provisions as a concession. The proposed tubular steel fence, set back 10 feet from Everett Street, is permitted. On Walnut Street, the building wall is set back from the property line 14 feet, 1 inch, allowed as a concession under the density bonus provisions. The fencing, set back 5 feet from Walnut Street, is permitted. S:\Community Development\DEV PMTS\R P D12015-01 Area Housing Authority\PC Agenda Report 150526.docx 21 Honorable Planning Commission May 26, 2015 Page 7 Although the project has been designed with minor reduced setbacks for some features, the building has been designed with "four-sided" architecture and appropriate articulation on all sides. • Parking and Landscaping Due to the shape and size of the site, it was not possible to design a parking lot that could accommodate the required number of parking spaces for the number of units proposed. As mentioned above, the density bonus provisions of the Zoning Ordinance allow for a 20 percent reduction in development standards to facilitate the production of affordable housing. The developer has requested a 5 percent reduction in the number of required parking spaces, for a total reduction of 3 parking spaces. This reduction is appropriate for a housing project of this nature. It can be anticipated that many of these households will not own more than one vehicle. In addition, the project is located close to shopping and public transit, reducing the need to drive. Finally, the frontage on Everett Street and Walnut Street has an ample amount of on-street parking available. (Residents will be discouraged from parking on Charles Street.) These factors in combination demonstrate that the project has sufficient off-street parking. The applicant is proposing to reduce the amount of landscaping in the parking lot to below what is required in the Municipal Code and Landscape Design Guidelines as an additional concession. In lieu of parking lot landscaping, the applicant proposes 24 parking spaces under carports with solar panels to offset energy usage of the buildings. This allows a maximum number of parking spaces in a small surface parking lot. This is an appropriate concession considering the benefits of energy savings from the use of solar carports, as well as maximizing the number of parking spaces on site without reducing the number of affordable housing units. In addition, landscaping is proposed along Moorpark Avenue between the decorative block wall and sidewalk, and along Everett Street between the tubular steel fencing and sidewalk. All the aforementioned concessions would be considered by the City Council as part of the DDA and housing agreement for this project. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: May 11, 2015 Planning Commission Action Deadline: August 10, 2015 S:\Community Development\DEV PMTS\R P D1.2015-01 Area Housing Authonty\PC Agenda Report 150526.docx 22 Honorable Planning Commission May 26, 2015 Page 8 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15332 (Class 32, Infill Projects) of the California Code of Regulations (CEQA Guidelines) in that it is consistent with the provisions of the General Plan and Zoning Ordinance, is proposed on a site that is 5 acres or less with no value as habitat for endangered, rare, or threatened species, would not result in any significant traffic, noise, air quality or water quality impacts, and is adequately served by all required utilities and public services. No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2015- approving Planned Development Permit No. 2015-01. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Chapter 17.76 RPD2OU-N-D 4. Development Standards Checklist 5. Project Exhibits: Under Separate Cover 6. Draft PC Resolution with Conditions of Approval S:\Community Development\DEV PUTS\R P D\2015-01 Area Housing Authonty\PC Agenda Report 150526.docx 23 N N L c R N. i '' 8 0 N u ots co aJkg CD gl N CL o N E g u a v -- —01 Oil .LSO!!V9 x n n to is _ .. ... .- IScu -_ S g ____ _____ _ I 1 Ir.% ..,iii r-- o If) 40 in in in CU lO c. O C iS 1t1 UIL'M13 IS I1%NlVM ca en ta Fs CA — o O. 0 ce V2to PV a in N .--..._ __.. IBJ CD 0 vs nvHavdtwow_ o RI in Eis ii,-fro o• _ O n mi N- ..- O a;-. 40 a + y; .0 O a r •0 ac U �_ teS ▪ O +- rn y JG► ? ! a D. CD WAP ! . c O� �4 `-, C CD 4g s i •N co o E E N a N N mZ S0 a`o .. ea RS 5 Ac c o 00 ai -.Z _ 1— 9." F,, II v C as co v E U, U, as L 41 — F- a PC ATTACHMENT 1 24 ►*�. . L ..�• , , • E5 c d .c„./..1.:*, { lii . • I U b a eu WI; c 41' p '' °' oen. a CO`° �� E U - rig, t ..- : • ..il i ' . 11 , 0 r � 4 1 ...# ,, U id ,,. ACM _ r► _ 7 to N COI. FItilfILL: ' , Ciiii 6 RI O RI RI •� • �► ___ a -- Q if - gs dr m i. m _ ! CV c c • { • I, ••-- 0,1 O a .� N R 4. fa 7 ..r.(;)fr...* . .6 1 s" g c E moi., c, �o E / / AINIVV#yoow - _1tE cu ` �:.: it e a C Z 0,o O C Q O i RS o C O N J _01 14 CL x �i e' ti� a o • ••1lis O (1; 4 `J '' `r n y . •1 •� �.. O • i ,• •_ a 0) a t • F II 6�� . z Ea j `� deV vi m '� I. - L E- CI. PC ATTACHMENT 2 25 Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE...Page 1 of 16 Moorpark Municipal Code Np Previous Next Main Collapse I search Print No Frames Title 17 ZONING Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE(RPD 20U-N-D) 17.76.010 Purpose. The purpose of this chapter is to set forth development regulations and standards,which have been established to provide criteria for the development of the properties within the residential planned development twenty(20)units to the acre(RPD2OU-N-D)zone to allow for development of affordable multi- family housing as a permitted use and not subject to discretionary review or approval,and to provide adequate separation for light,air,safety,and open space as well as to provide an aesthetically pleasing environment in which to live,work and recreate.Implementation of the regulations and standards set forth in this chapter are intended to ensure that future development is coordinated and consistent with the goals and policies of the downtown specific plan and the city's general plan,specifically the housing element. The standards contained in this chapter provide for the arrangement,development,and use of multifamily residential neighborhoods,open space areas,and recreational sites.Application of these regulations and standards is intended to encourage the most appropriate use of the land,create a harmonious relationship among land uses,provide opportunities to construct affordable housing and protect the health,safety,and general welfare of the community.(Ord.421 §2,2013) 17.76.020 Definitions. Words and terms used in this chapter shall have the same definitions as provided in Chapter 17.08 of this Title 17.(Ord.421 §2,2013) 17.76.030 General provisions. A. The provisions of this chapter shall control development in the RPD2OU-N-D zone and shall prevail over any conflicting provisions in other portions of the Moorpark Municipal Code. B. All land use entitlements and permits issued within the RPD2OU-N-D zoning area shall be consistent with the city's general plan,as amended. C. The director of community development shall have the power to interpret the regulations and standards applicable to the RPD2OU-N-D zone. D. Procedures for the processing of land use entitlements for the RPD2OU-N-D zone shall be the same as defined in Sections 17.44.060 and 17.76.040 of this code.(Ord.421 §2,2013) 17.76.040 Application procedures and consistency determinations. A. Planned Development(PD)Permit.A PD permit is required prior to initiation of uses and structures in the RPD2OU-N-D zone,as specified in Chapter 17.20 of this title.A PD permit application is subject to compliance with the development standards of the RPD2OU-N-D zone and shall be a permitted use not subject to discretionary review or approval if determined to be in compliance with the development standards of the RPD2OU-N-D zone.The planning commission shall hold at least one(1)public meeting on any PD permit application in this zone.A PD permit shall be approved by resolution if the planning commission determines that: PC ATTACHMENT 3 26 �.►aaYwi a i.iv a�,va.�SJ..��< as.a..�Y ��. .... 1. The site design, including structure location,size,height,setbacks,massing,scale,architectural style and colors,and landscaping, satisfies the objective requirements of the general plan,zoning ordinance,and any other applicable ordinances,or federal or state regulations;and 2. The project complies with the development standards in this chapter. B. The procedures for appeals and modifications of a PD permit application under this chapter shall be in accordance with the procedures set forth in Chapter 17.44 of this code. C. A PD permit shall expire one(1)year from the date of its approval by the planning commission unless the use has been inaugurated by issuance of a building permit.The community development director may, at his or her discretion,grant up to two(2)additional one(1)year extensions for use inauguration of the PD permit, if there have been no changes in the adjacent areas and if the applicant can document that he or she has worked diligently towards use inauguration during the initial period of time. The request for extension of this PD permit must be made in writing,at least thirty(30)days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. D. Zoning Clearance.Pursuant to Section 17.44.030(B)(1)of this title,a zoning clearance review and approval by the community development director shall be required before a building permit may be issued for any development in the RPD20U-N-D zone. E. The failure of the owner to develop and maintain property in the RPD20U-N-D zone in compliance with this chapter,and the PD permit shall subject the owner to nuisance abatement requirements of this code and state law.The applicant shall be liable to the city for any and all costs and expenses to the city required to abate the nuisance and obtain compliance with the project approvals or applicable codes. If the applicant fails to pay all city costs related to this action,the city may enact special assessment proceedings against the parcel of land upon which the nuisance existed,pursuant to Chapter 1.12 of this code.(Ord.421 § 2,2013) 17.76.050 Development standards. 1. Minimum lot area:three-quarters(0.75)of an acre(thirty-two thousand six hundred seventy(32,670) square feet). 2. Density:twenty(20)units per acre with a minimum of sixteen(16)units per site. Section 17.64.030 (B)(2)and(3)allowing for a density bonus exceeding the density bonus required by state law shall not apply to the RPD20U-N-D zone. 3. Building Setbacks. a. Front Setback.Minimum landscaped setback of twenty(20)feet and architectural facade projections of up to sixteen(16)inches are allowed for non-livable spaces;with a minimum driveway depth of twenty (20)feet,as measured from front property line across area leading to enclosed parking within a garage;any two(2)adjacent lots may have the same front setback;however the third consecutive lot should vary the front setback by one(1)or more feet,as appropriate to the street and lot configuration,and to provide for variety in the streetscape. b. Side Setback.Minimum for a multiple-family dwelling unit on an interior lot shall be five(5)feet. Minimum for a multiple-family dwelling unit adjacent to a street is fifteen(15)feet.Minimum for a single story enclosed patio,patio cover or detached accessory structure shall be five(5)feet. c. Rear Setback.Minimum for a multiple-family dwelling unit is fifteen(15)feet,and.second story floors,and/or architectural projections,may cantilever a maximum of eighteen(18)inches into the minimum required fifteen(15)foot setback.For single story enclosed patios or open patio covers,carports,or for detached accessory structures,the minimum required rear setback is five(5)feet. 27 1..11apI.Gl 1 1./V 1\1,01 L/J-r1•4 112-1L 1 LL'11111L1/ LL V LLA/1 1V'LL1\1 LV J a u a v 11.. ...a assv va av d. Mechanical Equipment.Must be located in the rear yard with a minimum five(5)foot setback from any side or rear property line and must be screened with a decorative masonry wall or landscaping; or must be located below the lowest parapet roof so equipment will not be visible from off-site, subject to criteria under subsection 18,roofs,below. 4. Maximum Building Height. a. Thirty-five(35)feet for dwelling units; b. Fifteen(15)feet for a patio cover,carport or accessory structure; c. Second story decks or balconies are prohibited within fifteen(15)feet of any property line. 5. Fences and Walls.Fences and walls shall comply with the provisions of this code,with the exception that sound attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned development permit. 6. Lighting. Lighting shall comply with Chapter 17.30 of the city of Moorpark Municipal Code. 7. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code. 8. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. 9. If any archeological or historical fmds are uncovered during grading or excavation operations,all grading or excavation shall immediately cease in the immediate area and the fmd must be left untouched.The applicant, in consultation with the project paleontologist or archeologist,shall assure the preservation of the site and immediately contact the community development director by phone, in writing by email or hand delivered correspondence informing the director of the find.In the absence of the director,the applicant shall so inform the city manager.The applicant shall be required to obtain the services of a qualified paleontologist or archeologist,whichever is appropriate,to recommend disposition of the site.The paleontologist or archeologist selected must be approved in writing by the community development director.The applicant shall pay for all costs associated with the investigation and disposition of the fmd. 10. Paleontological Mitigation Plan.Prior to issuance of a zoning clearance for a grading permit,a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the community development director for review and approval.The development and implementation of this plan must include consultations with the applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History(LACMNH).All specimens become the property of the city of Moorpark unless the city chooses otherwise.If the city accepts ownership,the curation location may be revised.The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials.The cost of this data recovery is limited to the discovery of a reasonable sample of available material.The interpretation of reasonableness rests with the community development director. 11. Reactive organic compounds,nitrogen oxides(ozone/smog precursor),and particulate matter (aerosols/dust)generated during construction operations must be minimized in accordance with the city's standards and the standards of the Ventura County Air Pollution Control District(APCD).When an air pollution health advisory has been issued,construction equipment operations(including,but not limited to, grading,excavating,earthmoving,trenching,material hauling,and roadway construction)and related activities must cease in order to minimize associated air pollutant emissions. 12. 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 this entitlement approval,which claim,action or proceeding is brought within the time period provided therefor in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto.The city will promptly notify the 28 t napier 1 /./o I. 11 EAN 1ItVia rL.LAIN1ND1!1/L V1_l..VrIVLLLvI L.vvi1LLL) Lv LLLLL+ u.gv-rva .%. 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 responsible to defend, indemnify and hold harmless the city or its agents,officers and employees pursuant to this development standard. 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: i. 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 development standard shall apply regardless of whether a building permit is issued pursuant to the planned development permit. 13. All facilities and uses,other than those specifically requested in the application and approval and those accessory uses allowed by the municipal code,are prohibited unless otherwise permitted through application for modification consistent with the requirements of the zone and any other adopted ordinances,specific plans, landscape guidelines,or design guidelines. 14. Recreational Amenities. Residential planned development permit areas on properties that have an average size of more than one and one-half(1-1/2)acre(sixty-five thousand three hundred forty(65,340) square feet)shall include private recreational amenities including but not limited to the following:restrooms, swimming pool and spa,play apparatus,picnic shelter,barbecue area with seating,and multipurpose play area field.Residential planned development permit areas on properties that have an average size of less than one and onehalf(1-1/2)acre(sixty-five thousand three hundred forty(65,340)square feet)shall include private recreational amenities including,but not limited to,the following:play apparatus,picnic shelter,barbecue area with seating,and multipurpose play area field. 15. Eaves and Window Treatments and Surrounds.The eaves and window treatments and surrounds on all sides of a structure shall match the eaves,window treatments and surrounds on the front elevation,achieving four-sided architectural compatibility with the chosen architectural style. 16. Wrap-Around Front Elevation Treatment.The architectural style and treatment included along the front elevation of a unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point,such as a chimney or window. 17. Colors.The paint colors shall be earth-toned,and match the chosen architectural style.The paint treatment must be applied along all window surrounds and parapets with varying colors,and on all wall facades of all elevations until commencement of wall planes or other architecturally feasible termination point, such as a chimney or window.Rust-inhibitive paint must be used for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. 18. Roofs. The roofs shall be pitched roofs covered in concrete roofing tile or equivalent with a minimum 3:12 pitch,or shall utilize decorative parapet roofing matching the chosen architectural style,that shall be no lower than the tallest roof mounted mechanical equipment.Roof-mounted equipment and other noise generation sources on-site must be attenuated to forty-five(45)decibels(dBA)or to the ambient noise level at the property line measured at the time of the occupancy,whichever is greater. This shall be based on a city- approved noise study for the residential planned development that shows that the current project attenuates all on-site noise generation sources to the required level or provides recommendations as to how the project could be modified to comply.The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards.No exterior roof access ladders are permitted. 19. Durable Materials.The trim on the ground floor levels of the structures must be constructed of durable materials, (i.e.wood window trim or one-fourth(1/4)inch minimum cementous stucco coat over foam). 29 L.napter i/./o nr.J1LJE1N III-%L rLL-UNINLL 11L.VLLlJ1-IVIL1V 1 LV VIV11LI lV i11LC1t 11_...I A.6%. ✓ vi iv 20. A utility room with common access to house all meters and the roof access ladder must be provided. 21. Outdoor Facilities.Any outdoor ground level equipment,facilities or storage areas including, but not limited to, loading docks,trash enclosures,cooling towers,generators, must be architecturally screened from view with masonry wall and/or landscaping. Transformers and cross connection water control devices(subject to approval by Ventura County Waterworks District No. 1),must be screened from street view with a masonry wall and/or landscaping. 22. Trash Disposal.Trash disposal and recycling areas must be placed in locations which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans and drains from the disposal and recycling areas must be connected to the sewer system. 23. Grading,drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the latest California Building Code as adopted by the city of Moorpark and in conformance with the latest"Land Development Manual"and"Road Standards"as promulgated by Ventura County; "Hydrology Manual"and"Design Manual"as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction"as published by BNI(except for signs,traffic signals and appurtenances thereto which must conform to the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto,of the"Standard Specifications,"most recent edition, including revisions and errata thereto,as published by the State of California Department of Transportation). 24. Grading,drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the most recently approved"Engineering Policies and Standards"of the city of Moorpark, and"Policy of Geometric Design of Highways and Streets,"most recent edition,as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed herein and above,the criteria that provide the higher level of quality and safety prevail as determined by the city engineer and public works director. 25. Engineering plans must be submitted on standard city title block sheets of twenty-four(24)inches by thirty-six(36) inches to a standard engineering scale representative of sufficient plan clarity and workmanship. 26. A fifteen(15)mile per hour speed limit must be observed within all construction areas. 27. If any hazardous waste or material is encountered during the construction of this project,all work must be immediately stopped and the Ventura County environmental health department,the Ventura County fire protection district,the Moorpark police department,and the Moorpark city engineer and public works director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. 28. The applicant and/or property owner shall provide verification to the city engineer and public works director that all on-site storm drains have been cleaned at least twice a year,once immediately prior to October 1st(the rainy season)and once in January.Additional cleaning may be required by the city engineer and public works director depending upon site and weather conditions. 29. All paved surfaces; including,but not limited to,the parking area and aisles,drive-through lanes,on- site walkways must be maintained free of litter,debris and dirt.Walkways,parking areas and aisles and drive- through lanes must be swept,washed or vacuumed regularly.When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 30. Prior to improvement plan approval,the applicant shall obtain the written approval on approved site plan exhibit sheets for the location of fire hydrants by the Ventura County fire prevention division. Water and sewer improvements plans must be submitted to Ventura County waterworks district No. 1 for approval. 30 Chapter 17.76 RESIDENTIAL PLANNED DE,VELUPMEN 1 20 UN 11S 1U Hit,AUKt,...rage to or 10 31. Prior to any work being conducted within any state,county,or city right-of-way,the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the city engineer and public works director. 32. The applicant shall comply with Chapters 9.28, 10.04, 12.24,and 17.53 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto,as a standard requirement for construction noise reduction. 33. The applicant shall utilize all prudent and reasonable measures(including installation of a six(6)foot high chain link fence around the construction site(s)and/or provision of a full time licensed security guard)to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 34. The applicant shall post, in a conspicuous location,the construction hour limitations and make each construction trade aware of the construction hour limitations. 35. All grading and drainage plans must be prepared by a qualified professional civil engineer currently registered and in good standing in the state of California and are subject to review by the city engineer and public works director. Prior to or concurrently with the submittal of a grading plan the applicant shall submit a soils(geotechnical)report. 36. Grading must conform to the standards contained in Chapter 17.38,Hillside Management,of the Moorpark Municipal Code and any provision amendatory or supplementary thereto.Plans detailing the design and control(vertical and horizontal)of contoured slopes must be provided to the satisfaction of the city engineer,public works director and community development director. 37. Prior to the issuance of a grading permit or fmal map approval,whichever comes first,the applicant shall post sufficient surety with the city, in a form acceptable to the city engineer and public works director, guaranteeing completion of all on-site and off-site improvements required by these development standards and/or the Municipal Code including,but not limited to,grading,street improvements,storm drain improvements,temporary and permanent best management practices(BMP)for the control of non-point water discharges, landscaping,fencing,and bridges.Grading and improvements must be designed,bonded and constructed as a single project. 38. Prior to the issuance of a grading permit or fmal map approval,whichever occurs first,the applicant shall provide written proof to the city engineer and public works director that any and all wells that may exist or have existed within the project have been properly sealed,destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation,Division of Oil, Gas,and Geothermal Resources requirements. 39. Prior to issuance of a grading permit,fmal approved soils and geology reports must be submitted to the city engineer and public works director.The approved final report must encompass all subsequent reports, addendums and revisions under a single cover. Where liquefaction hazard site conditions exist,an extra copy of the fmal report must be provided by the applicant to the city engineer and public works director and be sent by the applicant to the California Department of Conservation,Division of Mines and Geology in accordance with Public Resources Code Section 2697 within thirty(30)days of report approval. 40. Prior to issuance of the grading permit,a grading remediation plan and report must be submitted for review and approval of the city engineer and public works director.The report must evaluate all major graded slopes and open space hillsides whose performance could affect planned improvements.The slope stability analysis must be performed for both static and dynamic conditions,using an appropriate pseudo-static horizontal ground acceleration coefficient for earthquakes on faults,capable of impacting the project in accordance with standard practice as outlined in DMG Special Publication No. 117, 1997,or most recently adopted version. 31 Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE...Page7 of16 41. Prior to issuance of the grading permit,the project geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard,a remediation plan with effective measures to avoid and control damage must be provided to the city engineer and public works director. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non-liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification,or the excavation of a shear key below the base of the liquefiable zone. Where liquefaction hazard site conditions exist,the applicant shall provide an extra copy of the final report to the city engineer and public works director and shall send a copy of the report to the California Department of Conservation,Division of Mines and Geology in accordance with Public Resources Code Section 2697 within thirty(30)days of report approval. 42. The project must comply with all NPDES requirements and the city of Moorpark standard requirements for temporary storm water diversion structures during all construction and grading. 43. Prior to issuance of a grading permit,a qualified,currently registered professional civil engineer in good standing in the state of California shall be retained to prepare erosion and sediment control plans in conformance with the currently issued Ventura County municipal storm water NPDES permit.These plans shall address,but not be limited to,construction impacts and long-term operational effects on downstream environments and watersheds.The plans must consider all relevant NPDES requirements and recommendations for the use of the best available technology and specific erosion control measures,including temporary measures during construction to minimize water quality effects to the,maximum extent practicable. Prior to the issuance of an initial grading permit,review and approval by the community development director and city engineer and public works director is required. 44. Prior to the import or export of more than one hundred(100)truckloads or one thousand(1,000)cubic yards a haul route permit in conformance with the currently adopted city of Moorpark engineering policies and standards is required. 45. Where slopes exceeding four(4)feet in height are adjacent to sidewalks,and streets,the grading plan must include a slough wall,Angelus Standard slumpstone,color or other alternative as determined by the community development director,approximately eighteen(18)inches high,with curb outlet drainage to be constructed behind the back of the sidewalk to prevent debris from entering the sidewalk or street.The wall must be designed and constructed in conformance with the city's standard wall detail.All material for the construction of the wall shall be approved by the city engineer and public works director and community development director.Retaining walls greater than eighteen(18)inches in height must be set back two(2)feet from the back of the sidewalk.This two(2)foot area must be landscaped and have no greater than a two percent(2%)cross fall slope. The slough wall and landscaping design is subject to the review and approval of the city engineer and public works director and community development director. 46. Grading plans must include,but not be limited to,entry walls and project identification signs in accordance with city standards.Landscaping,appropriate to the entry,shall be provided that will not interfere with sight distance or turning movement operations. The final design for the project entrance must be reviewed and approved by the community development director and the city engineer and public works director. 47. During grading,the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material,and installation of all sub- drains including their connections.All fill slope construction must be observed and tested by the project geotechnical engineer,and the density test results and reports submitted to the city engineer and public works director to be kept on file.Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the city engineer and public works director must be obtained prior to any modification. 32 Chapter 17.76 RESIDENTIAL PLANNEDDEVELOPMEN1 LU UN11S 1U 11-t:Atter;...ragea or 1U 48. Written weekly progress reports and a grading completion report must be submitted to the city engineer and public works director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests,as-built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations.The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable grading ordinance provisions. 49. During grading,colluvial soils and landslide deposits within developed portions of the properties must be re-graded to effectively remove the potential for seismically-induced landslides in these materials. Additional buttressing, keying and installation of debris benches must be provided in transition areas between non-graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. 50. The recommendations for site grading contained in the final geotechnical reports must be followed during grading unless modifications are submitted for approval by the engineers-of-work and specifically approved in writing by the city engineer and public works director. 51. Temporary irrigation,hydroseeding and erosion control measures, approved by the community development director,city engineer and public works director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty(30)calendar days except that during the rainy season(October 1st to April 15th), these measures will be implemented immediately. 52. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)slope inclination except where special circumstances exist. In the case of special circumstances,where steeper slopes are warranted,a registered soils engineer and a licensed landscape architect will review plans and their. recommendations will be subject to the review and approval of the city engineer,public works director,and the community development director. 53. All graded slopes steeper than 5:1 (horizontal:vertical)must have soil amendments added,irrigation systems installed and be planted in a timely manner with groundcover,trees and shrubs(consistent with the approved landscape and irrigation plans)to stabilize slopes and minimize erosion.Timely manner means that the slope soil amendments, irrigation systems and planting on each slope must commence immediately upon the completion of the grading of each slope,that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting must be completed on a schedule commensurate with the grading.The planting will be to the satisfaction of the community development director,city engineer,and public works director. 54. Grading may occur during the rainy season from October 1st to April 15th,subject to timely installation of erosion control facilities when approved in writing by the city engineer,public works director and the community development director and when erosion control measures are in place.In order to start or continue grading operations between October 1st and April 15th,project-specific erosion control plans that provide detailed best management practices for erosion control during the rainy season must be submitted to the city engineer and public works director no later than September 1st of each year that grading is in progress.During site preparation and construction,the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes.During the rainy season,October 1st through April 15th,all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope.Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction.No slopes may be graded or otherwise created when the National Weather Service local three(3)day forecast for rain is 33 Chapter 17.76 RES1DEN 11AL PLANNED DE VLLUFMEN1 20 UN11a 1U 11-1r,AUKC...ragey or 10 twenty percent(20%),or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the community development director,city engineer,and public works director. 55. During clearing,grading,earth moving,excavation, soil import and/or soil export operations,the applicant shall comply with the city of Moorpark standard requirements for dust control, including, but not limited to,minimization of ground disturbance,application of water/chemicals,temporary/permanent groundcover/ seeding,street sweeping,and covering loads of dirt. All clearing,grading,earth moving,excavation,soil import and/or soil export operations must cease during periods of high winds(greater than fifteen(15)miles per hour averaged over one(1)hour). 56. Backfill of any pipe or conduit must be in four(4)inch fully compacted layers unless otherwise specified, in writing,by the city engineer and public works director. 57. Soil testing for trench compaction must be performed on all trenching and must be done not less than once every two(2)feet of lift and one hundred(100)lineal feet of trench excavated.Test locations must be noted using true elevations and street stationing with offsets from street centerlines. 58. Prior to issuance of each building permit,the project geotechnical and/or soils engineer shall submit an as-graded geotechnical report and a rough grading certification for said lot and final soils report compiling all soils reports,addendums,certifications,and testing on the project for review and approval by the city engineer and public works director. 59. Prior to issuance of the first building permit,the project's engineer shall certify that the grading and improvements have been completed,as noted on the original approved plans and any subsequent change orders. 60. When required by the community development director and/or the city engineer and/or public works director,at least one(1)week prior to commencement of grading or construction,the applicant shall prepare a notice that grading or construction work will commence.This notice shall be posted at the site and mailed to all owners and occupants of property within five hundred(500)feet of the exterior boundary of the project site,as shown on the latest equalized assessment roll.The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility,including the name of the contact responsible for maintaining the list.The names of individuals responsible for noise and litter control,tree protection,construction traffic and vehicles,erosion control,and the twenty-four(24)hour emergency number,must be expressly identified in the notice.The notice must be re-issued with each phase of major grading and construction activity.A copy of all notices must be concurrently transmitted to the community development department.The notice record for the city must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. 61. Consistent with the fmal geotechnical reports,at a minimum,the following measures must be implemented during design and construction where appropriate to minimize expansive soil effects on structures: potential foundation systems to include pier and grade beam;use of structural concrete mats and post-tensioned slabs;pad overcutting to provide uniform swell potential;and soil subgrade moisture treatment. 62. Prior to issuance of building permits,chemical testing of representative building pad soils is required to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures must be implemented where appropriate to protect against corrosion: a. Use of sulfate-resistant concrete;and b. Use of protective linings to encase metallic piping buried in soils warranting such measures. 34 Chapter 1/./b KEM1JhiN 11AL YLA1NINt511LnVr,L'JrIVir.ly1 LV ULV110 1v t11L1[-tom ... ia6c. v vi v 63. Engineered fills must be constructed in compliance with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings may not be greater than ten(10)feet. These measures must be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports and approved by the city engineer and public works director. 64. Additional analysis of the predicted total and differential settlements of the major fills at each site must be performed by the project geotechnical engineer during the final design stage. Possible measures that may be required based on the settlement data include surcharging,delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components. 65. Transfer of responsibility of California registered civil engineer in charge for the project must be in accordance with rules and guidelines set forth pursuant to Rules of the Board for Professional Engineers and Land Surveyors, California Code of Regulations,Title 16, Division 5,Board Rule 404.1, subsections(c)and (d),that speak to successor licensee and portions of projects. 66. Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer,the applicant/owner shall notify the city engineer and public works director in writing within forty-eight(48)hours of such change. Said letter shall specify successor California registered civil engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the city. 67. Prior to construction of any public improvement,the applicant shall submit to the city engineer and public works director,for review and approval,street improvement plans prepared by a California registered civil engineer,and enter into an agreement with the city of Moorpark to complete public improvements,with sufficient surety posted to guarantee the complete construction of all improvements,except as specifically noted in these development standards. 68. Prior to issuance of the first building permit,all existing and proposed utilities, including electrical transmission lines less than sixty-seven(67)kilovolts,must be undergrounded consistent with plans approved by the city engineer,public works director and community development director.Any exceptions must be approved by the city council. 69. Above-ground obstructions in the right-of-way(utility cabinets,mailboxes, etc.)must be placed within landscaped areas when landscaped areas are part of the right-of-way improvements.When above-ground obstructions are placed within the sidewalk,a minimum of five(5)feet clear sidewalk width must be provided around the obstruction.Above-ground obstructions may not be located within or on multi-purpose trails. 70. Prior to final inspection of improvements,the project registered civil engineer shall submit certified original"record drawing"plans with three(3)sets of paper prints and the appropriate plan revision review fees to the city engineer and public works director along with electronic files in a format satisfactory to the city engineer and public works director.These"record drawing"plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto.The plans must be"record drawings"on twenty-four(24)inch by thirty-six(36)inch Mylar®sheets(made with proper overlaps)with a city title block on each sheet.In addition,the applicant shall provide an electronic file update of the city's master base map electronic file, incorporating all streets,sidewalks,street lights,traffic control facilities, street striping,signage and delineation,storm drainage facilities,water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 71. The street improvement plans must contain a surveyor's statement on the plans,certifying that, in accordance with Business and Professions Code Section 8771,all recorded monuments in the construction area will be protected in place during construction,or have been located and tied with no fewer than four(4) durable reference monuments,which will be protected in place during construction.Copies of all monument tie sheets must be submitted to the city on reproducible three(3)mil polyester film. 35 unapter 1 1.10 i 11/ IN 111%1, rLH1V IN EL/ LLV C.L Jr1VWEAN1 GV v1V11k3 w liiL iala., aa Vi iv 72. Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on three(3)mil polyester film to the city engineer and public works director. 73. All streets must conform to the latest city of Moorpark engineering policies and standards using equivalent single axle loads(ESAL)for a minimum thirty(30)year term for public streets and ESAL for a twenty(20)year term on private streets. All streets must be designed and constructed to the required structural section in conformance with the latest city of Moorpark engineering policies and standards. The geotechnical or soil reports must address the need for possible sub-drainage systems to prevent saturation of the pavement structural section or underlying foundation.An additional one and one-half(1-1/2)inch thick rubberized asphalt pavement must be added to the structural section for public streets.This additional pavement may not be used in determining the required structural section. 74. When required by the city engineer and public works director,the applicant shall provide, for the purposes of traffic signal installation,two(2)four(4) inch PVC conduits extending across all intersections, and surfacing through"J"boxes to the satisfaction of the city engineer and public works director. 75. Prior to approval of a grading plan,the applicant shall submit to the city of Moorpark for review and approval by the city engineer and public works director,drainage plans with the depiction and examination of all on-site and off-site drainage structures and hydrologic and hydraulic calculations in a bound and indexed report prepared by a California registered civil engineer. 76. Drainage improvements must be designed so that after-development,drainage to adjacent parcels would not be increased above pre-development drainage quantities for any stormwater model between and including the ten(10)year and one hundred(100)year storms,nor will surface runoff be concentrated by this project.Acceptance of storm drain waters by the project and discharge of storm drain waters from the project must be in type,kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow.All drainage measures necessary to mitigate stormwater flows must be provided to the satisfaction of the city engineer and public works director. The applicant shall make any on-site and downstream improvements,required by the city,to support the proposed development. 77. The drainage plans and calculations must analyze conditions before and after development,as well as, potential development proposed,approved,or shown in the general plan. Quantities of water,water flow rates, major watercourses,drainage areas and patterns,diversions,collection systems,flood hazard areas, sumps, sump locations,detention and NPDES facilities and drainage courses must be addressed. 78. Local residential and private streets must be designed to have at least one(1)dry travel lane available during a ten(10)year frequency storm.Collector streets must be designed to have a minimum of one(1)dry travel lane in each direction available during a ten(10)year frequency storm. 79. All stormwater surface runoff for the development must have water quality treatment to meet the design standards for structural or treatment control BMPs per the latest issued Ventura County municipal stormwater NPDES permit. 80. The hydraulic grade line within any catch basin may not extend higher than nine(9)inches below the flow line grade elevation at the inlet. 81. No pressure manholes for storm drains are allowed unless specifically approved in writing by the city engineer and public works director. If permitted,all storm drain lines under water pressure must have rubber gasket joints. 82. All manhole frames and covers shall have a thirty(30)inch minimum diameter.This includes all access manholes to catch basins,as well as any other storm drain or NPDES structure. 83. The Q50 storm occurrence must be contained within the street right-of-way. 84. The maximum velocity in any storm drain system may not exceed twenty(20)feet per second. 36 Chapter 1/./6 KhS11JhN 11AL FLANNEL/ litVLLUr1VILN1 LU U1V11J 1U Int,AL... rage iz of io 85. All detention and debris structures that fall under the definition of being a dam must have an open air spillway structure that directs overflows to an acceptable location to the satisfaction of the city engineer and public works director. 86. Only drainage grates of a type approved by the city engineer and public works director may be used at locations accessible by pedestrian,bicycle or equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails. 87. To verify that the reinforced concrete pipe(RCP)specified on the improvement plan is correct,the RCP delivered to project site must have the D-LOAD specified on the RCP. 88. The grading plan must show distinctive lines of inundation delineating the one hundred(100)year flood level. 89. All flows that have gone through flow attenuation and clarification by use of acceptable best management practice systems and are flowing within brow ditches,ribbon gutters,storm drain channels,area drains and similar devices are to be deposited directly into the storm drain system unless an alternative has been approved by the city engineer and public works director. Storm drain and related easements outside the public right-of-way are to be privately maintained unless otherwise approved by the city council. 90. Concrete surface drainage structures exposed to the public view must be tan colored concrete, as approved by the community development director,and to the extent possible must incorporate natural structure and landscape to blend in with the surrounding material. 91. Prior written approval by the city engineer and public works director is required for curb outlets that provide for pad or lot drainage onto the street. 92. Drainage devices for the development must include all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the city engineer and public works director. 93. The applicant shall demonstrate,for each building pad within the development area,that the following restrictions and protections can be put in place to the satisfaction of the city engineer and public works director: a. Adequate protection from a one hundred(100)year frequency storm; b. Feasible access during a filly(50)year frequency storm; c. Elevation of all proposed structures within the one hundred(100)year flood zone at least one(1)foot above the one hundred(100)year flood level. Hydrology calculations must be per current Ventura County watershed protection agency standards and to the satisfaction of the city engineer and public works director.Development projects within a one hundred (100)year flood zone may require a conditional letter of map revisions(CLOMR)and letter of map revision (LOMR)as determined by the city engineer and public works director. 94. The storm drain system must be designed with easements of adequate width for future maintenance and reconstruction of facilities,particularly facilities deeper than eight(8)feet.In addition,all facilities must have all-weather vehicular access. 95. All existing public storm drain systems within the development require pre-construction and post- construction closed caption television videoing(CCTV)including identification by existing plan and station. 96. Storm drain systems must be constructed per the most current Ventura County Watershed Protection District Standard Design Manual,city of Moorpark standards and to the satisfaction of the city engineer and public works director. 97. All storm drain easement widths and alignments must conform to the city of Moorpark requirements and be to the satisfaction of the city engineer and public works director.Easements must provide sufficient 37 r room for reconstruction of the storm drain systems and provide all weather access within the easement, to all manholes, inlets,outlets and any other structure that requires maintenance. 98. Prior to the start of grading or any ground disturbance,the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the city engineer and public works director. The designated NPDES person(superintendent)shall be present,on the project site Monday through Friday and on all other days when the probability of rain is forty percent(40%)or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds.The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate best management practices.The superintendent shall be required to assume NPDES compliance during the construction of streets,storm drainage systems,all utilities, buildings and final landscaping of the site. 99. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying grading or excavation,the applicant shall prepare and submit a stormwater pollution control plan(SWPCP), on the form established in the Ventura Countywide stormwater quality management program. The SWPCP must address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP, improvement plans and grading plans must note that the contractor shall comply with the California Best Management Practices Construction Handbook,published by the California Stormwater Quality Association.The SWPCP must be submitted,with appropriate review deposits,for the review and approval of the city engineer and public works director. The SWPCP must identify potential pollutant sources that may affect the quality of discharges and design the use and placement of best management practices (BMPs)to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction.Erosion control BMPs,which include wind erosion, dust control,and sediment source control BMPs for both active and inactive(previously disturbed)construction areas are required. 100. The SWPCP must include provisions for modification of BMPs as the project progresses and as conditions warrant.The city engineer and public works director may require the first version and each subsequent revision of the SWPCP to be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP must be developed and implemented in accordance with the latest issued Ventura Countywide stormwater quality management program,NPDES permit,Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the city.The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers,tenants and tenants' contractors comply with all BMPs in the SWPCP,until such time as a notice of termination has been approved by the city engineer and public works director and accepted by the Los Angeles Regional Water Quality Control Board.The SWPCP must include schedules and procedures for on-site maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants.On-site maintenance of all equipment that can be performed off-site will not be allowed. 101. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying, grading or excavation,the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a stormwater pollution prevention plan(SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project.The SWPPP,improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development.and Redevelopment Handbook,published by the California Stormwater Quality Association.The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines,Technical Guidance Manual for Stormwater Quality Control Measures,and the stormwater management program(SMP) to develop,achieve,and implement a timely,comprehensive,cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable.The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, 38 LaiaiJLO1 1 /./V 1\1,0.11.1./1,111 1 LCtL 1 Lr i'l I'lL,J 1 LJ 1_,V L_LVi iv1LIAI LV v1\aav av asaa-aaay... uSv a . v1 ..+ and submitted,with appropriate review deposits,for the review and approval of the city engineer/public works director. The proposed plan must also address all relevant NPDES requirements,maintenance measures, estimated life spans of best management practices facilities,operational recommendations and recommendations for specific best management practices technology, including all related costs.The use of permanent dense groundcover planting approved by the city engineer/public works director and community development director is required for all graded slopes.Methods of protecting the planted slopes from damage must be identified.Proposed management efforts during the lifetime of the project must include best available technology. "Passive"and"natural"BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters(grassy swales), infiltration areas and other similar solutions.The use of filters,separators,clarifiers,absorbents,adsorbents or similar"active"devices is not acceptable and may not be used without specific prior approval of the city council. The use of biological filtering, bio-remediation,infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention,that are failsafe,that,when maintenance is needed,will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project,the SWPPP must establish a continuing program of monitoring,operating and maintenance to: a. Provide discharge quality monitoring; b. Assess impacts to receiving water quality resulting from discharged waters; c. Identify site pollutant sources; d. Educate management,maintenance personnel and users,to obtain user awareness and compliance with NPDES goals; e. Measure management program effectiveness; f. Investigate and implement improved BMP strategies. g. Maintain,replace and upgrade BMP facilities(establish BMP facility inspection standards and clear guidelines for maintenance and replacement); h. Secure the funding,in perpetuity,to achieve subsections a through g. 102. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation,the applicant shall submit a notice of intent(NOI)to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the latest issued NPDES Construction General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities.The applicant shall also provide a copy of the notice of intent(NOl)to the city engineer and public works director as proof of permit application.The improvement plans and grading plans shall contain the waste discharge identification number for the project. 103. Engineering and geotechnical or soils reports must be provided to prove,to the satisfaction of the city engineer and public works director,that all"passive"NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 104. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. 105. Development must comply with the most recently adopted city of Moorpark landscape design standards and guidelines,including compliance with the prohibited plants list.(Ord.421 §2,2013) 17.76.060 Fees. A. Entitlement Processing.Prior to the approval of any zoning clearance for this entitlement,the applicant shall submit to the community development department all outstanding entitlement case processing 39 114Li111+1 1/./V 1WIJ1LL1111111! L L11111\LL LL V Ll--/V1 1 1.1,11 S lr'J V1.1 a v lv a auaay... a.n.bv a✓ va a fees, including all applicable city legal service fees. This payment must be made within sixty(60)calendar days after the approval of this entitlement. B. Condition Compliance. Prior to the issuance of any zoning clearance, building permit,grading permit, or advanced grading permit,the applicant shall submit to the community development department the condition compliance review deposit. C. Capital Improvements and Facilities,and Processing. Prior to the issuance of any zoning clearance for a building permit,the applicant shall submit to the community development department,capital improvement, development,and processing fees at the current rate then in effect. Said fees include,but are not limited to, building and public improvement plan checks and permits. D. Parks. Prior to the issuance of a zoning clearance for a building permit,the applicant shall submit to the parks,recreation and community services department fees in accordance with city ordinances and resolutions. E. Fire Protection Facilities. Prior to the issuance of a zoning clearance for a building permit,current fire protection facilities fees must be paid to the building and safety division in accordance with the city council adopted fire protection facilities fee requirements in effect at the time of building permit application. F. Library Facilities.Prior to the issuance of a zoning clearance for a building permit,the library facilities fee must be paid to the building and safety division in accordance with the city council adopted library facilities fee requirements in effect at the time of building permit application. G. Police Facilities.Prior to the issuance of a zoning clearance for a building permit,the police facilities fee must be paid to the building and safety division in accordance with the city council adopted police facilities fee requirements in effect at the time of building permit application. H. Traffic Systems Management.Prior to the issuance of a zoning clearance for a building permit,the applicant shall submit to the community development department the established Moorpark traffic systems management(TSM)fee for the approved development consistent with adopted city policy for calculating such fee. I. Intersection Improvements.Prior to the issuance of the first zoning clearance for a building permit,the applicant shall submit to the community development department a fair-share contribution for intersection improvements relating to the project. The amount of fair-share participation will be to the satisfaction of the city engineer and public works director based on the traffic report prepared for the project and the extent of the impact to these intersections. J. Citywide Traffic.Prior to the issuance of a zoning clearance for a building permit,the applicant shall submit to the community development department the citywide traffic fee.The fee shall be calculated per dwelling unit for residential projects,based upon the effective date of approval of the entitlement consistent with adopted city policy for calculating such fee. K. Area of Contribution. Prior to the issuance of a zoning clearance for a building permit,the applicant shall pay to the community development department the area of contribution(AOC)fee for the area in which the project is located.The fee shall be paid in accordance with the city council adopted AOC fee requirements in effect at the time of building permit application. L. Street Lighting Energy Costs.Prior to the issuance of a zoning clearance for a building permit,the applicant shall pay to the community development department all energy costs associated with public street lighting for a period of one(1)year from the acceptance of the street improvements in an amount satisfactory to the city engineer and public works director. M. Schools.Prior to the issuance of a zoning clearance for a building permit,the applicant shall provide written proof to the community development department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark unified school district. 40 I./V t1 iiIL'1Vi1L-1L rLt1.011VL'L LJL VLiLVI LVLLi191 LV V1911v iv 111E u5%., 1V M. 1V N. Art in Public Places. Prior to the issuance of a zoning clearance for a building permit,the applicant shall contribute to the art in public places fund in accordance with Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto. Contribution is to be submitted to the community development department. If the applicant is required to provide a public art project on-or off-site in lieu of contributing to the art in public places fund,the art work must have a value corresponding to,or greater than,the contribution,and must be approved,constructed and maintained for the life of the project in accordance with the applicable provision of the Moorpark Municipal Code. O. Electronic Conversion.In accordance with city policy,the applicant shall submit to the community development department,city engineer and public works director and the building and safety division the city's electronic image conversion fee for entitlement/ condition compliance documents;fmal map/engineering improvement plans/permit documents;and building plans/permit documents,respectively. P. Crossing Guard.Prior to the issuance of zoning clearance for a building permit,the applicant shall pay to the community development department an amount to cover the costs associated with a crossing guard for five(5)years at the then current rate,plus the pro-rata cost of direct supervision of the crossing guard location and staff's administrative costs calculated at fifteen percent(15%)of the above costs. This applies to residential project of ten(10)or more units. Q. Storm Drain Discharge Maintenance Fee.Prior to the issuance of a zoning clearance for a building permit,the applicant shall pay to the community development department the citywide storm drain discharge maintenance fee in accordance with the city council adopted storm drain discharge maintenance fee requirements in effect at the time of building permit application. R. County Traffic Impact Mitigation Fee.Prior to the issuance of a zoning clearance for a building permit,the county traffic impact mitigation fee must be paid in accordance with county adopted fee requirements in effect at the time of building permit application.(Ord.421 §2,2013) View the mobile version. • 41 c c oo 0 w a O• = U . U C ` 'fl E X X .- N mm Om. d U m c O fa 0 0 X X X oc Q 0 U Cu as a X X X X x X X X E 0 U I I I I I I I n a Cu v 3 E . a) ,_°3 m ca _ N C 7 a3 T Cu C -= o 0 cu C D E ° -a c o o c c ``�0 Ci.c 0 ^ cao � a � o ° v 0 U) a_c 0 0 m 'a o • mc) — U U m m L c L 7 - 0ENc) O_ O_z, O a 0 m 0 ai N �, . 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O@ C'E ) O X '0 U - C >.a) & a - .n m c C >.L O O F' - a-O 0 N U N@ a) C O N ..= a) c a t O a L c o co r a3 a) a) a) — m y — •' C O O y a) v O 4) > as `- a) o EF- rami o v, rnmv) EEvgyoNccaNi s a < ow0)2 c2oC) 0)-c a a) s > as I.: - C a) a) > to a) 0 . o V > rn w c zs - NiNNNc7a) - CU0 3asOa) cyCD o CDvt . w a m cS. . m 3 o co o o E`o am m m no 3 m 0)-0 :P. a) a) co aia 0 va ai ,: m? 0)- Cl) a_ 0U2aaa.2a) aEEasa. -o .. asoEca) a) Z 0) 55 X x X x x x X mt / a) 2 \ m � � �J p ¢ ol � � o c - m - « _£ e C ` gym ± / � k < c - \ / >N.-, (.9 f § _ Th C 2 2 � 7Ek0k / 7 % p ° m - 2 ow 0 Cu A t � gw .2 / / 8 CD / � c U) ECU@Q & 3 f ) 0 p _ ® - o § § 0 £ £ 2 Rk\ 0 20 a) eco 5 c © 0 cv E2w -0 � a a& = % Eoca) � t ot2 E o � � k / 7� . Cutk kG / � § < : PROJECT EXHIBITS A. ARCHITECTURAL PLANS (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 5 57 RESOLUTION NO. PC-2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO PLANNED DEVELOPMENT (PD) PERMIT NO. 2015-01, A 24-UNIT APARTMENT COMPLEX IN THE RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD20U-N-D) ZONE, LOCATED BETWEEN CHARLES STREET AND EVERETT STREET, BETWEEN MOORPARK AVENUE AND WALNUT STREET, ON THE APPLICATION OF THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA WHEREAS, on February 12, 2016, an application for Modification No. 1 to Planned Development (PD) Permit No. 2015-01 was filed by the Area Housing Authority of the County of Ventura to modify the approved site plan of an approved 24-unit apartment complex on 1.2 acres, located between Charles Street and Everett Street, between Moorpark Avenue and Walnut Street; and WHEREAS, at a public meeting on February 23, 2016 the Planning Commission considered Modification No. 1 to Planned Development (PD) Permit No. 2015-01; and WHEREAS, at its meeting of February 23, 2016 the Planning Commission considered the agenda report and any supplements thereto; and reached a decision on this matter; and WHEREAS, the Community Development Director has previously determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 of the CEQA Guidelines as a Class 32 exemption for infill projects in that it is consistent with the provisions of the General Plan and Zoning Ordinance, is proposed on a site that is 5 acres or less with no value as habitat for endangered, rare, or threatened species, would not result in any significant traffic, noise, air quality or water quality impacts, and is adequately served by all required utilities and public services. This determination applies to the project as modified by Modification No. 1 and no further environmental documentation is required. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs that the previous finding of the Community Development Director that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 of the CEQA Guidelines as a Class 32 exemption for infill projects is still applicable in that it is consistent with the provisions of the General Plan and Zoning Ordinance, is proposed on a site that is 5 acres or less with no value as habitat for endangered, rare, or threatened species, would not result in any significant traffic, noise, air quality or water quality impacts, and is adequately served by all required utilities and public services. No further environmental documentation is required. PC ATTACHMENT 6 58 Resolution No. PC-2016- Page 2 SECTION 2. PLANNED DEVELOPMENT DETERMINATIONS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission makes the following determinations in accordance with City of Moorpark, Municipal Code Section 17.76.040: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, satisfies the objective requirements of the general plan, zoning ordinance, and any other applicable ordinances, or federal or state regulations; and B. The project complies with the development standards in Chapter 17.76 of the Moorpark Municipal Code. SECTION 3. PLANNING COMMISSION APPROVAL: A. The Planning Commission approves Modification No. 1 to Planned Development (PD) Permit No. 2015-01 subject to the Development Standards included in Exhibit A. 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: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 23rd day of February, 2016. , Chair David A. Bobardt, Community Development Director \\DC1\Department Share\Community Development\DEV PMTS\R P D\2015-01 Area Housing Authority\Mod 1\PC_Reso_160223.docx 59 MOORPARK,CALIFORNIA Planning Commission of 2. 2 .?), �� ��' ITEM 10.A. ACTION: Apprc Vvd MINUTES OF THE PLANNING COMMISSION BY: Ip�rk, CaFifornia November 24, 2015 A Regular Meeting of the Planning Commission of the City of Moorpark was held on November 24, 2015, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Di Cecco called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE: Freddy A. Carrillo, Associate Planner I, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Aquino, Hamous, and Chair Di Cecco. Absent: Commissioner Groff and Vice Chair Landis. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Planning Manager; Freddy Carrillo, Associate Planner I; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) None. 60 Minutes of the Planning Commission Moorpark, California Page 2 November 24, 2015 8. PUBLIC HEARINGS: (next Resolution No. PC-2015-605) A. Consider Resolution Approving Conditional Use Permit No. 2015-01 to Allow Retail Beer and Wine Sales for On-Site and Off-Site Consumption Including Tasting within an Existing Approximately 2,146 Square-Foot Tenant Space at 144 Los Angeles Avenue, #105; and Making a Determination of Exemption Under CEQA in Connection Therewith on the Application of Frances Fleming and Marc Bosch (McGregor's Craft Beer). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2015-605 approving Conditional Use Permit No. 2015-01 with conditions of approval and making a determination of exemption under CEQA in connection therewith. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. A discussion followed among the Commissioners and staff, which focused on: 1) The primary use of the business; and 2) If the business is sold, would the ABC license stay with the site or go with the applicant, and someone else have to reapply. Chair Di Cecco opened the Public Hearing. Marc Bosch and Frances Fleming, McGregor's Craft Beer, applicants, gave an overview of the business and stated that the primary use of the business is a beer and wine tasting room. Commissioners questioned the applicants on project details and then asked staff procedural questions. Chair Di Cecco closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Aquino moved and Commissioner Hamous seconded a motion to approve staff recommendation, including the adoption of Resolution No. PC-2015- 605. The motion carried by voice vote 3-0, Vice Chair Landis and Commissioner Groff absent. The Planning Commission has final approval authority for this project. S:\Community Development\PLANNING COMMISSION\Minutes\2015\2015 1124 Regular(Draft)docx 61 Minutes of the Planning Commission Moorpark, California Page 3 November 24, 2015 B. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2015-01, an Amendment to Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17, (Zoning) of the Moorpark Municipal Code to Prohibit Cultivation and Mobile Delivery of Marijuana and Medical Marijuana in All Zones and Determination That This Action Is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2015-606. (Staff: David Bobardt) Mr. Bobardt gave the staff report. A discussion followed among the Commissioners and staff, which focused on the time frame in which cities have to enact their own ordinances regarding cultivation. Chair Di Cecco opened the Public Hearing. There were no speakers. Chair Di Cecco closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Hamous moved and Commissioner Aquino seconded a motion to approve staff recommendation, including the adoption of Resolution No. PC-2015- 606. The motion carried by voice vote 3-0, Vice Chair Landis and Commissioner Groff absent. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: A. Consider Finding of General Plan Consistency for the Purchase of Property at 61 High Street by the City of Moorpark for Public Purposes. Staff Recommendation: 1) Find the acquisition of the property at 61 High Street in conformity with the General Plan and direct staff to report this finding to the City Council. (Staff: David Bobardt) Mr. Bobardt gave the staff report. S:\Community Development\PLANNING COMMISSION\Minutes\2015\2015 1124 Regular(Draft)docx 62 Minutes of the Planning Commission Moorpark, California Page4 November 24, 2015 CONSENSUS: It was the unanimous consensus of the Commissioners present with Vice Chair Landis and Commissioner Groff absent, to approve staff recommendation. 10. CONSENT CALENDAR: MOTION: Commissioner Hamous moved and Commissioner Aquino seconded a motion to approve the Consent Calendar. The motion carried by voice vote 3-0, Vice Chair Landis and Commissioner Groff absent. A. Consider Approval of the Special Meeting Minutes of August 11, 2015. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Aquino moved and Commissioner Hamous seconded a motion to adjourn the meeting. The motion carried by voice vote 3-0, Vice Chair Landis and Commissioner Groff absent. The time was 7:30 p.m. Mark Di Cecco, Chair David A. Bobardt, Community Development Director S:\Community Development PLANNING COMMISSION\Minutes\2015\2015 1124 Regular(Draft)docx 63