HomeMy WebLinkAboutAGENDA REPORT 2009 0715 CC REG ITEM 08B ITEM 8.13.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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ACTION: n&&CLU K
MOORPARK CITY COUNCIL
BY:
AGENDA REPORT
TO: Honorable City Council
FROM: David Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Planner
DATE: July 2, 2009 (CC Meeting of July 15, 2009)
SUBJECT: Consider Resolution to Approve Residential Planned Development
Permit No. 2009-01, a Twenty Unit Apartment Building on
Approximately 0.9 Acres at 396 — 436 Charles Street, on the
Application of the Area Housing Authority of the County of Ventura
BACKGROUND
On May 4, 2009 the Area Housing Authority of Ventura County submitted an application
for a Residential Planned Development Permit for a two-story, twenty unit apartment
building with underground parking, on approximately 0.9 acres, located at 396 — 436
Charles Street. The site is currently owned by the Moorpark Redevelopment Agency
(MRA). The project also requires a Disposition and Development Agreement with the
MRA and a Housing Agreement with the City.
DISCUSSION
On June 23, 2009, the Planning Commission considered this application and adopted
Resolution PC-2009-546, recommending approval of the project to the City Council. A
full analysis of this project is provided in the attached June 23, 2009 Planning
Commission agenda report.
The motion to recommend approval was approved by a 3-1 vote, with Commissioner
Landis expressing that he could not make the findings for the Residential Planned
Development due to the lack of required parking.
Due to the topography of the site, it was not possible to design a semi-subterranean
garage that could accommodate the required number of parking spaces. The density
bonus provisions allow for additional concessions and/or incentives which result in
identifiable cost reductions, in addition to merely increasing residential density. The
only development concession that the developer has requested is a ten (10) percent
reduction in the number of required parking spaces, for a total reduction of five (5)
parking spaces. The project proposal has 45 spaces, or 2.25 spaces per unit. The
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Honorable City Council
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code requires 2.50 spaces per unit. Staff reported to the Planning Commission that this
reduction is appropriate for a housing project of this nature. The parking proposed for
the Charles Street apartments, at 2.25 spaces per unit, is more than the 2.13 parking
spaces per unit provided at the most recent apartment complex built in Moorpark,
Waterstone Apartments on Moorpark Avenue, which does not appear to have a parking
problem, even though there is no street parking in the immediate vicinity. 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 Charles Street has an ample amount of on-street parking
available.
The Planning Commission's discussion focused on architectural details, setbacks, and
parking. Commissioner Di Cecco made some design and site planning suggestions to
the applicant, but made those suggestions optional instead of recommending them as
conditions of approval. Specifically, Commissioner Di Cecco suggested relocating the
building northerly on the site, to create additional useable rear yard area, relocating the
trash enclosure to the west, and including an additional shade structure within the front
courtyard.
Stamp page No. 11 of the Planning Commission agenda report addresses air quality
impacts from the project. The typographical omission of the word "not" in the sentence
on project air quality impacts was clarified during the oral report at the Planning
Commission meeting of June 23, 2009 It should be noted that the proposed project will
produce less than the 25 pound per day threshold of NOx and reactive organic gas
emissions, providing a conclusion that there will not be an impact on regional air quality
from this project. Nonetheless, a standard condition on all projects involving Residential
Planned Development permits is a contribution to the Moorpark Traffic Systems
Management Fund to off-set air pollutants, consistent with the Ventura County Air
Quality Assessment Guidelines.
FISCAL IMPACT
The action to be considered by the City Council is the approval of the Residential
Planned Development, which is not a commitment of funds. The title for the property
has been transferred to the City by Toll Brothers, Inc. to satisfy an affordable housing
requirement for Tentative Tract No. 5463, and did not involve a cost to the City or
Agency. A Disposition and Development Agreement (DDA) with the MRA will be
required for this project. Details on the fiscal impacts of the project will be addressed in
the future in the DDA report.
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STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2009- , approving Residential Planned Development
Permit No. 2009-01 subject to conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Plans (Under Separate Cover)
4. Planning Commission Agenda Report (w/o attachments)
5. Draft Resolution with Conditions of Approval
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PROJECT PLANS
A-100 Cover Sheet / Key Plan
C1 Preliminary Grading & Drainage Plan
LS-1 Scale: 1 "= 10'
A-101 Site/Garage Level Floor Plan
A-201 First Floor Plan
A-202 Second Floor Plan
A-203 Roof Plan
A-204 Unit Plans
A-301 Building Elevations
(UNDER SEPARATE COVER)
CC ATTACHMENT 3
012
ATTACHMENT
ITEM: 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David Bobardt, Planning Director
Prepared b Joseph Fiss Princi a
tanner
DATE: May 18, 2009 (PC Meeting of June 23, 2009)
SUBJECT: Consider Residential Planned Development Permit No. 2009-01
to Allow a Twenty-Unit Apartment Building on Approximately 0.9
Acres at 396 —436 Charles Street, on the Application of the Area
Housing Authority of Ventura County
BACKGROUND
On May 4, 2009 the Area Housing Authority of Ventura County submitted an
application for a Residential Planned Development Permit for a two-story, twenty
unit apartment building with underground parking, on approximately 0.9 acres,
located at 396 — 436 Charles Street. The site is currently owned by the Moorpark
Redevelopment Agency. The project also requires a Disposition and Development
Agreement with the Moorpark Redevelopment Agency and a Housing Agreement
with the City.
DISCUSSION
Project Setting
Existing Site Conditions:
The approximately 0.9 acre site currently consists of three adjacent lots which are
currently unimproved. The site is located on the south side of Charles Avenue, east
of Magnolia Street and west of Spring Road. The site slopes generally from the
northeast corner to the southwest corner.
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Previous Applications:
On May 12, 2006, Efrain Lopez and Victor Llamas submitted an application for
Residential Planned Development Permit No. 2006-01, to build four (4)
condominiums (two buildings with two units each) on 436 Charles Street. The
application was deemed incomplete and the property was subsequently purchased
by Toll Brothers, along with 396 Charles Street and deeded to the City of Moorpark
to partially meet their affordability requirements for Tract No. 5463.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
High Density Residential
Site Residential (H) Planned Vacant
(Downtown Development
_.__Specific Plan)____.
High Density Residential
North Residential (H) Planned Single Family
(Downtown Development Residential
Plan) - ----(RPD)__
__.. . ...- - ..........
Old Town Non-Conforming
Commercial Old Town Industrial/Non-
South (C-OT) Commercial Conforming Single
(Downtown (C-OT)
S_ecific Plan) Family Residential
High Density Residential
East Residential (H) Planned Single Family
(Downtown Development Residential
__Specific_Plan) ___(RPD)_
High Density Residential
West Residential (H) Planned Senior Apartment
(Downtown Development Housing
Specific Plan) (RPD
General Plan and Zoning Consistency:
Multiple Family Residential development is consistent with the High Density
Residential General Plan land use designation and the Residential Planned
Development (RPD) zoning designation of the site.
The property is zoned Residential Planned Development (7-14 dwelling units per
acre). Although this project exceeds the maximum allowable density by
approximately 59 percent, this exception would be permitted through the use of
Density Bonus allowances for affordable housing, as permitted by State law and
Title 17.64 of the Moorpark Municipal Code under the density bonus General Plan
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and Downtown Specific Plan amendments adopted by the City Council on June 17,
2009, and the density bonus Zoning Ordinance amendment introduced by the City
Council on June 17,2009 and scheduled for second reading and adoption on July 1,
2009. This issue is discussed in the Analysis section below.
Project Summary
Residential Planned Development Permit No 2009-01:
The twenty unit rental apartment building consists of fourteen 2-bedroom units and
six 3-bedroom units-with six different floor plans. Each unit includes one bathroom
and a private balcony or deck ranging from 89 to 128 square feet. Additionally,
each unit includes an assigned private storage cabinet inside of a semi-
subterranean garage. All of the units would be affordable to and rented by very-low
and low-income households.
The project includes a number of common amenities, including an outdoor roof
deck, a ground level courtyard, a community room, a computer lab, a common
laundry room, and an office for an on-site manager.
An elevator provides access from the semi-subterranean garage to the first and
second floors.
Proposed Project
Architecture:
The proposed architecture is of a "Craftsman" style, with a combination of exterior
cement plaster and fiber cement siding. Fiber cement shingles, and cultured stone
veneer accent the building. 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 roof material consists of architectural quality asphalt shingles. 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 provided by a density bonus and
developed in conjunction with a market-rate housing development must be of similar
design and quality as the market-rate units. Exteriors and floor plans of affordable
units must be similar in colors and materials to the 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 zone to encourage creative and
innovative design and to act as a transition between Single Family Residential and
the Old Town Commercial Buildings. As such, there are no specific setback
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requirements for this zone. Building design in a Residential Planned Development
is "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. A 32-foot front setback is
provided, giving the building appropriate scale in relation to Charles Street. A 22-
foot rear setback is provided to give appropriate separation from the commercial
area on High Street.
In addition to appropriate setbacks,the building has been designed with"four-sided"
architecture and appropriate articulation on all sides.
Circulation:
There is one driveway entrance to the project that leads to the surface parking and
semi-subterranean garage. A "hammerhead" is provided at the south end of the
surface parking area to allow easier turnaround of larger vehicles. The semi-
subterranean parking area as proposed is unsecured. Staff thinks that this is not
appropriate, as there are many opportunities for safety and security problems in
enclosed garages. A condition of approval has been added that requires all large
openings to be secured, and a remote operated gate be provided at the entrance to
the garage. This will not interfere with circulation if appropriately designed.
Parking:
Proposed Use Spaces Required Spaces Provided
Resident Parking 40 (2 per unit) 4.0 (2 per unit)
.-- _.-- _.. . . __.._..._--_. _ -_. _.____ .......... _
Guest Parkin 10 0.5 per unit 5 0.25 per unit
Total 50 45
This project does not meet the full parking requirements per the City's parking
ordinance. A deficit of five (5) parking spaces (ten (10) percent of the required
spaces) has been proposed. A reduction of required parking can be granted by the
City Council for affordable housing. This issue is discussed in detail in the Analysis
section of this report.
Landscaping:
The landscaping plan provides for three distinct landscaped areas. The perimeter
landscaping includes many medium to large evergreen and deciduous trees within a
"riparian" type setting. This includes a dry "streambed" that functions as surface
drainage. To further emphasize this concept a pedestrian bridge extends from the
sidewalk to the entry courtyard. The entry courtyard is mostly hardscape, but
provides benches and low-maintenance landscaping within a shady common area.
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The final landscaped area is the roof deck, which is a sunny common area with
several potted flowering plants. The entire landscape concept is generally low-
maintenance and low-water usage.
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES):
The City Engineer has conditioned the project 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.
Air Quality:
According to the 2000 Ventura County Air Quality Assessment Guidelines, the
proposed project will produce less thwhe allowable 25 pound threshold of NOX,
providing a conclusion that there wiMUe an impact on regional air quality. As is
required with all commercial/industrial projects, staff incorporates a standard
condition requiring a contribution to the Moorpark Traffic Systems Management
Fund to off-set air pollutants, consistent with the 2000 Ventura County Air Quality
Assessment Guidelines.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Density
• Parking
sit
Deny:
The Downtown Specific Plan allows for increased density, up to fourteen (14)
dwelling units per acre when lots are consolidated. Lot consolidation allows for
greater flexibility in site design, potential for reduction in the number of driveways
serving the consolidated property and opportunities to more quickly improve a
neighborhood. In this case, three lots have been consolidated to create one site of
37,000 square feet in order to qualify for the maximum density allowed by the
Downtown Specific Plan
As proposed, this project exceeds the maximum allowable density of fourteen (14)
dwelling units per acre by approximately fifty three (53) percent. This exception is
permitted through the use of Density Bonus allowances for affordable housing, as
permitted by State law.
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On June 17, 2009, the City Council introduced Ordinance No. 376 which amends
Section 17.64 addressing density bonuses and incentives for provision of affordable
housing. This ordinance allows a density bonus up to a maximum of one hundred
percent (100%) greater than the density allowed by the existing zoning of a housing
development when one hundred percent (100%) of the units in a housing
development are restricted to be affordable to low and very low income households.
Under the current maximum allowable zoning, up to 13 dwelling units could
potentially be built. The density bonus would allow up to 26 dwelling units.
Parking:
Due to the topography of the site, it was not possible to design a semi-subterranean
garage that could accommodate the required number of parking spaces. The
density bonus provisions allow for additional concessions and/or incentives which
result in identifiable cost reductions, in addition to merely increasing residential
density. The only development concession that the developer has requested is a
ten (10) percent reduction in the number of required parking spaces, for a total
reduction of five (5) 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 Charles Street
has an ample amount of on-street parking available. These factors in combination
demonstrate that the project has sufficient off-street parking.
Findings
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, the downtown specific plan, the zoning
ordinance, and any other applicable regulations in that the building has been
designed to be architecturally consistent with the requirements of the City of
Moorpark Downtown Specific Plan which stipulates that new buildings must
architecturally compatible with existing surrounding buildings and the
character of the Downtown Specific Plan area ; and, the project has been
designed and conditioned to be consistent with all required safety codes,
including the California Building Code and City of Moorpark Zoning
Ordinance.
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the project has
been designed to meet appropriate setback, parking, and design
requirements.
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C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the building has been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials.
The Downtown Specific Plan requires that, when approving a density higher than
the low end of the range the approving authority shall make all of the following
additional findings:
A. The project is consistent with the City's General Plan and Specific Plan goals
and policies in that it is consistent with Goal 3 of the Land Use Element of
the General Plan which states "Provide a variety of housing types and
opportunities for all economic segments of the community. This project
provides twenty housing units restricted for lower income households. The
density of this project is consistent with Chapter 5.1 of the Land Use Element
of the General Plan, which states that "The City Council may approve a
density bonus over the otherwise maximum residential density, consistent
with the State Density Bonus Law (Section 65915 et seq. of the California
Government Code) and any density bonus provisions contained in the City
Municipal Code."
B. The project is consistent with the City's Zoning Ordinance and the
development requirements and design standards of the Downtown Specific
Plan in that the building has been designed to be architecturally consistent
with the requirements of the City of Moorpark Downtown Specific Plan which
stipulates that new buildings must architecturally compatible with existing
surrounding buildings and the character of the Downtown Specific Plan area.
C. The project is compatible with existing and planned surrounding land use
and development in that the building has been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials; and conditioned to be consistent with all required safety codes,
including the California Building Code and City of Moorpark Zoning
Ordinance.
D. The project is superior to a lower density design in that the increased density
affords the ability develop the steep lot in a manner that provides additional
housing opportunities that meet the overall development standards of the
surrounding area, provides a superior architectural product, and provides
adequate parking and recreational facilities.
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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 13, 2009
Planning Commission Action Deadline: Not Applicable
City Council Action Deadline: August 21, 2009
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 can not 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). 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-2009- recommending to the City Council conditional
approval of Residential Planned Development Permit No. 2009-01.
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RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 2009-01 TO ALLOW A
TWENTY (20) UNIT APARTMENT BUILDING ON
APPROXIMATELY 0.9 ACRES AT 396-436 CHARLES STREET,
ON THE APPLICATION OF THE AREA HOUSING AUTHORITY
OF THE COUNTY OF VENTURA
WHEREAS, June 23, 2009, the Planning Commission adopted Resolution
No. PC-2009-546, recommending conditional approval of Residential Planned
Development Permit No. 2009-01 on the application of the Area Housing Authority of
the County of Ventura for a two-story, twenty (20) unit apartment building with
underground parking on approximately 0.9 acres at 396-436 Charles Street; and
WHEREAS, at a duly noticed public hearing held on July 15, 2009, the City
Council considered the agenda report and any supplements thereto and any written
public comments; opened the public hearing, took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the City Council concurs with the Planning Director's determination
that this project is Categorically Exempt from the provisions of CEQA pursuant to
Section 15332 as a Class 32 exemption for in-fill development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.030:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, the downtown specific plan, the zoning ordinance,
and any other applicable regulations in that the building has been designed to be
architecturally consistent with the requirements of the City of Moorpark
Downtown Specific Plan which stipulates that new buildings must architecturally
compatible with existing surrounding buildings and the character of the
Downtown Specific Plan area ; and, the project has been designed and
conditioned to be consistent with all required safety codes, including the
California Building Code and City of Moorpark Zoning Ordinance.
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the project has been
designed to meet appropriate setback, parking, and design requirements.
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C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the building has been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials.
SECTION 2. DOWNTOWN SPECIFIC PLAN FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with the Downtown Specific Plan:
A. The project is consistent with the City's General Plan and Specific Plan goals and
policies in that it is consistent with Goal 3 of the Land Use Element of the
General Plan which states "Provide a variety of housing types and opportunities
for all economic segments of the community. This project provides twenty
housing units restricted for lower income households. The density of this project
is consistent with Chapter 5.1 of the Land Use Element of the General Plan,
which states that "The City Council may approve a density bonus over the
otherwise maximum residential density, consistent with the State Density Bonus
Law (Section 65915 et seq. of the California Government Code) and any density
bonus provisions contained in the City Municipal Code."
B. The project is consistent with the City's Zoning Ordinance and the development
requirements and design standards of the Downtown Specific Plan in that the
building has been designed to be architecturally consistent with the requirements
of the City of Moorpark Downtown Specific Plan which stipulates that new
buildings must architecturally compatible with existing surrounding buildings and
the character of the Downtown Specific Plan area.
C. The project is compatible with existing and planned surrounding land use and
development in that the building has been designed to be architecturally
consistent with the surrounding residential properties in scale, colors, and
materials; and conditioned to be consistent with all required safety codes,
including the California Building Code and City of Moorpark Zoning Ordinance.
D. The project is superior to a lower density design in that the increased density
affords the ability develop the steep lot in a manner that provides additional
housing opportunities that meet the overall development standards of the
surrounding area, provides a superior architectural product, and provides
adequate parking and recreational facilities.
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves
Residential Planned Development Permit No. 2009-01, subject to Special and Standard
Conditions of Approval attached hereto and incorporated herein as Exhibit A.
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Page 3
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 15th day of July, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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Resolution No. 2009-
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT 2009-01
STANDARD CONDITION OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A),
except as modified by the following Special Conditions of Approval. In the event of
conflict between a Standard and Special Condition of Approval, the Special Condition
shall apply.
SPECIAL CONDITIONS
1. This planned development permit will expire two (2) years from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use inauguration
of the development permit, if there have been no changes in the adjacent areas
and if the applicant can document that he/she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
2. Prior to issuance of a building permit for this project, a housing agreement
consistent with Chapter 17.64 of the Zoning Ordinance in a form acceptable to
the City Council is required as part of the granting of a density bonus.
Affordability shall be maintained for the life of the project.
3. An automatic security gate is required at the entrance to the subterranean
garage. A minimum clear open width of fifteen (15') feet in each direction must
be provided for separate entry/exit gates and a minimum twenty feet (20') for
combined entry/exit gates. A Knox Box system must be installed or an EKey
system, subject to the approval of the Community Development Director and the
City Engineer. The method of gate control, including operation during power
failure, is subject to review by the Fire Protection District. Gate plan details must
be submitted to the Fire Protection District for approval prior to installation. A final
acceptance inspection by the Fire Protection District is required prior to placing
any gate into service.
4. The openings and ventilation on the subterranean garage must be designed such
that a person can not enter or exit except through proper accesses. Such design
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can include decorative bars, or other methods, subject to the review and
approval of the Planning Director.
5. Adequate interior security lighting must be provided within the subterranean
garage. Such lighting shall be subject to the review of the City's Lighting
Consultant and approval of the Planning Director and Police Chief.
6. Full accessibility must be provided to the upper outdoor deck, subject to the
satisfaction of the Building Official.
7. The elevator must be designed to accommodate a gurney or stretcher, consistent
with Chapter 30 of The California Building Code (Elevators and Conveying
Systems)
8. Storage units must be assigned to the individual apartment units or reserved for
guests in a manner to the satisfaction of the Planning Director.
9. Parking spaces must be assigned to the individual apartment units or reserved
for guests in a manner to the satisfaction of the Planning Director.
10. Parking spaces must be maintained to be accessible for parking operable
vehicles at all times.
11. Roof appurtenances are limited to necessary vents, and must be the same color
as the roofing material and must be to the satisfaction of the Planning Director.
12. Downspouts must either be internal (not visible from the exterior of the building),
or of an architectural design that complements the overall design of the buildings
to the satisfaction of the Planning Director.
13. All windows on the apartment building must have decorative trim. Window
surrounds adjacent to accessible areas must be constructed out of durable
materials and may not have foam cores to the satisfaction of the Planning
Director.
14. Window design must be consistent with the plans as submitted. Any mullions
must be external.
15. All ground mounted utility boxes must be screened with landscaping and all gas,
electric, and water meters must also be screened to the degree allowable by the
utility companies, to the satisfaction of the Planning Director. The Planning
Director may require that the meters and/or boxes be painted to match the
exterior color of the building.
16. Any required railing at the top of slopes or retaining walls must be decorative,
with detailed plans to be submitted for review and approval of the Planning
Director prior to issuance of building permits.
17. Storage on the balconies, except for that which is integral to the design of the
unit, is prohibited and to be enforced by the apartment manager.
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18. Native trees, including but not limited to sycamores and other native trees, must
be incorporated into the landscape plan, especially along the trail. None of the
prohibited plants indicated in the Provisionally Acceptable Plant List and the
Invasive and Prohibited Plant List contained in the city's Landscape Guidelines
may be used in this development.
19. All requirements of the Disposition and Development Agreement shall apply. If
there is a conflict in the requirements of the Disposition and Development
Agreement and these conditions of approval, the requirements of the Disposition
and Development Agreement shall take precedence.
20. Prior to the issuance of a building permit a Lot Line Adjustment shall be
submitted to and approved by the City of Moorpark merging the three existing
lots into one lot. Building permits will only be issued upon proof of recordation.
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