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HomeMy WebLinkAboutRES CC 2017 3582 2017 0301 RESOLUTION NO. 2017-3582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2012-02 FOR A 200-UNIT APARTMENT COMPLEX ON APPROXIMATELY 11.66 ACRES AT 150 CASEY ROAD, ON THE APPLICATION OF ESSEX PROPERTY TRUST, INC., AND FINDING THAT A PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION IS APPLICABLE TO THIS PROJECT WHEREAS, on October 1, 2012, Essex Property Trust, Inc., filed an application for Residential Planned Development Permit No. 2012-02 for construction of a 200-unit apartment project on approximately 10.57 acres at 150 Casey Road; and WHEREAS, after holding a duly noticed public hearing on February 26, 2013, the Planning Commission adopted Resolution No. PC 2013-579, recommending approval to the City Council of RPD Permit No. 2012-02; and WHEREAS, on August 26, 2016, the Community Development Director approved Lot Line Adjustment No. 2014-01, increasing the size of the property for RPD Permit No. 2012-02 to 11.66 acres by adding adjacent slopes from a contiguous parcel; and WHEREAS, at its meeting of March 1, 2017 the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and on July 2, 2014, reached a decision on this matter; and WHEREAS, on July 18, 2007, the City Council adopted a mitigated negative declaration for RPD Permit No. 2004-06, a 200-unit apartment project at 150 Casey Road, on the application of Essex Property Trust, Inc. The Community Development Director has determined that the project under RPD Permit No. 2012-02 is not substantially different than the previous project, no new avoidable significant effects have been identified, no new mitigation measures or project revisions are necessary, and the previously identified mitigation measures will reduce the potential effects of the project under RPD Permit No. 2012-02 to a less-than significant level. Therefore, no further environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: On July 18, 2007, the City Council adopted a mitigated negative declaration for RPD Permit No. 2004-06, a 200- unit apartment project at 150 Casey Road, on the application of Essex Property Trust, Inc. The City Council, using its independent judgment and analysis, concurs with the determination of the Community Development Director that the project under RPD Permit No. 2012-02 is not substantially different than the previous project, no new avoidable significant effects have been identified, no new mitigation measures or project Resolution No. 2017-3582 Page 2 revisions are necessary, and the previously identified mitigation measures will reduce the potential effects of the project under RPD Permit No. 2012-02 to a less-than significant level'. Therefore, no further environmental documentation is required. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: The following findings are offered for the Residential Planned Development Permit: A. The proposed project site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan and Zoning Ordinance, in that the prpposed project will provide an appropriate density development for the site given its proximity to the downtown area and that the project will contribute substantially toward the City's Housing Element goal to expand and protect housing opportunities for lower income households and special needs groups. The proposed project, including the proposed incentive to allow parking at an average of 2.0 spaces per unit, is consistent with the provisions of the City's General Plan and Zoning Ordinance, in that the proposal to provide 94 one bedroom units, will increase housing opportunities for lower income households and special needs groups and most of these households would not require more than one parking space per unit. B. The site design of the proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the buildings proposed are appropriate in height, scale, and setback given the proximity of the site to the downtown area and the traffic improvement conditions of approval will avoid negative traffic impacts. C. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of housing types, along with public and school uses. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Residential Planned Development Permit No. 2012-02 subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. 2017-3582 Page 3 SECTION 4. FILING OF RESOLUTION: The City Clerk shall cause a certified resolution to be filed in the book of original resolutions. PASSED, AND ADOPTED this 1st day of March, 2017. * ',1,te/d).4AA/74/t) Jaice S. Parvin, Mayor Maureen Benson, City Clerk * s ----a' , 0 fir : '6-O.111111 Exhibit A— Standard and Special Conditions of Approval ` t e f Resolution No. 2017-3582 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMINT NO. 2012-02 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits 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. Prior to the issuance of a Zoning Clearance for the first building permit, a plan for the improvements of Casey Road with an extended left-turn lane at Walnut Canyon Road, a left turn lane into the project driveway off of Casey Road, and right turn only egress from the project driveway onto Casey Road, must be submitted for review and approval by the City Engineer and Community Development Director. The street improvement plans must include provisions for the minimization of impacts to Walnut Canyon School as a result of street construction activities. Prior to the issuance of a zoning clearance for the first final building permit that would allow for occupancy, the improvements must be installed to City public road standards to the satisfaction of the City Engineer and Community Development Director. The improvements may include, but not be limited to curb, gutter, sidewalk, raised median, restriping, moving of and reinstallation of traffic sensors, tree wells and landscaping. 2. Prior to the issuance of a Zoning Clearance for a grading permit, a construction traffic and staging plan must be provided for review and approval by the City Engineer and Community Development Director. Access to the site for grading and construction must be through High Street. No construction traffic may be permitted on Casey Road, except as needed to improve Casey Road. Temporary construction fencing must be installed prior to the commencement of grading with a safe path of pedestrian travel and maintained until construction is complete and occupancy has been given. 3. Prior to issuance of a Zoning Clearance for the first building permit, any gates to control vehicle access must be located in a manner that would allow a vehicle waiting for entrance to be completely off the intersecting roadway and consistent with City standards. A minimum clear open width of fifteen (15') feet in each direction must be provided for separate entry/exit gates and a minimum twenty feet (20') for combined entry/exit gates. The gates may not be closer than eighty (80) feet to the Casey Road right of way, as measured along the center line of the project driveway. If gates are to be locked, a Knox Box system must be installed or an EKey system, subject to the approval of the Community Development Director, the City Engineer/Public Works Director, Police Chief and the Ventura County Fire Resolution No. 2017-3582 Page 5 Protection District. 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. Prior to the issuance of a Zoning Clearance for a grading permit, plans showing two-way emergency vehicular access from High Street to the southwestern corner of the property must be provided in substantial conformance to the design as shown on the entitlement plans, for review and approval by the City Engineer, Fire Protection District, and Community Development Director. All improvements must be installed prior to the issuance of a Zoning Clearance for the first final building permit that would allow for occupancy, including acquisition of the square parcel at the south property line, identified as APN 511-0-020-072, which must be acquired by the developer as part of the required emergency access and must be provided and accepted as an in fee to the City, to the satisfaction of the Community Development Director. Any emergency access to High Street must meet all Fire Protection District and City requirements. Any improvements to High Street to meet Fire Protection District access requirements must be completed at the applicant's expense and must be within the existing High Street right-of-way. 5. Gates for emergency vehicular access shall be subject to the review and approval of the Ventura County Fire Protection District, the Community Development Director, and the City Engineer/Public Works Director. Prior to the issuance of a Zoning Clearance for the first building permit, the applicant shall obtain approval from the Fire Prevention District for the emergency only vehicular access connection, to be gated and locked with a Knox box, or other approved mechanism and provide Fire Protection District verification that this update is acceptable to the satisfaction of the Community Development Director and the City Engineer/Public Works Director. 6. Prior to the issuance of a Zoning Clearance for a grading permit, all pedestrian paths crossing the drive aisles on the project site must be colored decorative concrete or other durable decorative material to the satisfaction of the Community Development Director. 7. Prior to issuance of a Zoning Clearance for the first building permit, parking spaces must be assigned to the individual apartment units or reserved for guests in a manner to the satisfaction of the Community Development Director. Individual garage units must have automatic garage door openers and must be maintained to be accessible for parking operable vehicles at all times. All lease agreements for units with a garage space shall include provisions that the garage space may not be used for storage so as to prevent a vehicle from being parked in the garage. No fee or additional rent may be charged for the use of parking spaces. Applicant shall provide a total of at least 2.00 parking spaces per unit on site. Two parking spaces shall be designated and reserved for each of the 2-bedroom and 3-bedroom units, and one space shall be designated and reserved for each of the 1-bedroom units, Resolution No. 2017-3582 Page 6 with the remainder of the spaces available for guest parking. At least one of the parking spaces designated and reserved for each of the units shall be in a garage or covered carport. Applicant shall only be required to provide ninety-four (94) guest parking spaces. 8. Prior to issuance of a Zoning Clearance for the first building permit, two color schemes are required for each building type that is used more than once. Colors on the various stucco planes and cornices must be distinct, but compatible with the building colors. Changes of color should generally take place on the inside corners. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits, 9. Prior to issuance of a Zoning Clearance for the first building permit, roof appurtenances must be limited to necessary vents, and must be the same color as the roofing material and must be to the satisfaction of the Community Development Director. 10. Prior to issuance of a Zoning Clearance for the first building permit, construction plans must show that all windows on the apartment buildings and accessory buildings have decorative trim to the satisfaction of the Community Development Director. Window surrounds on the first floor of all buildings and accessible areas above the first floor on the southern side of the four (4) 20-unit buildings along the southern property line must be constructed out of durable materials and may not have foam cores and must be to the satisfaction of the Community Development Director. 11. Prior to issuance of a Zoning Clearance for the first building permit, construction plans must show that window design must be consistent with the plans as submitted. Any mullions must be external. 12. Prior to issuance of a Zoning Clearance for the first building permit, construction plans for accessory buildings, including but not limited to the leasing office, recreation building, trash/recycling structures, and carports must incorporate compatible design and materials, including roof design and materials, as the apartment buildings to the satisfaction of the Community Development Director. The leasing office must have enhanced design elements as it is the closest building to Casey Road, and a sidewalk must be provided around this building. The pool must be of sufficient size to serve all residents of the complex as determined by the Community Development Director. The pool must be open and ready for use prior to the final building permit for the third residential building. Plans for these buildings and other improvements must be reviewed and approved prior to the issuance of a Zoning Clearance for the first building permit for any construction under this entitlement. 13. Prior to the issuance of a Zoning Clearance for a grading permit, all ground mounted utility boxes must be screened with landscaping and all gas, electric, and Resolution No. 2017-3582 Page 7 water meters must also be screened to the degree allowable by the utility companies, to the satisfaction of the Community Development Director. The Community Development Director may require that the meters and/or boxes be painted to match the exterior color of the building. 14. Prior to the issuance of a Zoning Clearance for a grading permit, any required railing at the top of slopes or retaining walls must be decorative, with detailed plans to be submitted for review and approval of the Community Development Director prior to issuance of building permits. 15. Prior to the issuance of a Zoning Clearance for the first building permit, the construction plans for the balconies shall include a solid wall design that is compatible with the existing architecture, to the satisfaction of the Community Development Director. Storage on the balconies, except for that which is integral to the design of the unit, must be prohibited and enforced by the apartment manager. 16. Prior to the issuance of a Zoning Clearance for the first building permit, the construction plans for the apartment buildings must include the provision of suitable conduits and mounting locations within the central roof wells of each building to allow for mounting individual satellite dishes and/or antennas and residents will be offered the ability to setup personal satellite television service accounts utilizing these facilities, to the satisfaction of the Community Development Director. 17. Native trees, including but not limited to sycamores and other native trees, must be incorporated into the landscape plan. Mature trees shall be provided on the southerly slope of the Project Site to the satisfaction of the Community Development Director and the Parks and Recreation Director. The trees shall, at a minimum, be twenty-four inch (24") box size, with a maximum spacing of thirty (30) feet measured from the center of each tree. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the city's Landscape Guidelines may be used in this development. 18. Prior to issuance of a Zoning Clearance for the first building permit, a plan must be provided for review and approval by the Community Development Director and the City Engineer/Public Works Director for covering of the existing flood control channel through the project site boundaries and provision of a retaining wall at the southerly property line, and provision of a decorative block wall no less than 6 feet in height (to the satisfaction of the Community Development Director) along the easterly property line. 19. Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the project: (a) the applicant shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee; and (b) either two Assessment Districts (one fully funded and a second "back-up" district) or one Assessment District containing two zones (one zone to be fully funded and the other to be a backup zone), as determined by the City at the City's discretion, shall be formed that includes the Project site. The first District out of the two Districts or the first Resolution No. 2017-3582 Page 8 zone of the one District, whichever is applicable, shall be for the purposes of funding future costs for the maintenance landscaping and irrigation of the landscaped area above the retaining wall along the southern perimeter of the Project site and the maintenance of the storm water quality basin and drainage improvements, including basin landscaping and irrigation. The second District or second zone of the District, whichever is applicable, shall be for the maintenance of parkway landscaping on Casey Road and Walnut Canyon Road and Project slopes adjacent to the Walnut Canyon School, the maintenance of the storm water basin access drive and the emergency access drive for the second District. It shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the that fiscal year. The City shall administer the annual renewal of the Assessment District or Districts, and any costs related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. Applicant agrees to cast affirmative ballots for the establishment of both Assessment Districts, or both zones of the one District, as applicable, and for annual increases in the assessments thereunder, for the purposes specified in this subsection. Applicant hereby waives any right it may have to contest or protest any such assessments or assessment increases. In the event that any such Assessment District has insufficient funds for its purposes, then applicant shall pay the funds required to the Assessment District within five (5) business days after written demand from the Assessment District from time to time. Applicant also agrees to add this language to any Regulatory Agreement as part of the sale of any bonds issued by the City for the project/development. 20. The applicant shall provide improvement plans and construct a 12" recycled water pipeline on Casey Road, along the frontage of the Applicant's property, to the satisfaction of the Ventura County Waterworks District No. 1. 21. Prior to the issuance of a Zoning Clearance for the first building permit, the applicant shall submit a plan demonstrating pedestrian access connection(s), to the adjacent Civic Center, to the satisfaction of the Community Development Director. 22. Applicant (i.e., Essex Moorpark Owner, L.P.) and the entity to which Applicant transfers all of the subdivided affordable housing units, as contemplated by the Development Agreement for the apartment project, and the successors-in-interest of applicant and such entity owning the affordable housing units, shall only transfer their interests in the apartment project concurrently and to a single entity. The foregoing shall not be affected by the "rejection" as an executory contract in any bankruptcy of any owner of all or any portion of or interest in the Project of any recorded document requiring that the subdivided portions of the apartment project be sold as one parcel and not separately. 23. All of the provisions of that certain Affordable Housing Agreement ("AHA") executed by applicant (as required by the Development Agreement) are hereby incorporated herein by reference and are hereby restated herein as part of these conditions of approval. Applicant and all successors to any portion of or interest in the apartment Resolution No. 2017-3582 Page 9 project shall comply with such provisions as incorporated herein (including, without limitation, Section 6.4 thereof). In the event that Applicant or any successor-in- interest to Applicant leases a restricted rental unit (i.e., an Affordable Unit, as defined in the AHA) in violation of the AHA, then without limiting the City's rights or remedies for the violation (including the right stated in the AHA to recover any overpaid rents, with interest, which is hereby incorporated herein by reference), the Applicant (or successors-in-interest) shall pay City a fee of $10 (which shall increase by $2 every 5 years) per day until the violation has been cured (it being understood that Section 24 below shall govern if the Affordable Unit is unavailable due to damage or destruction). The foregoing provisions of this Section 23 shall not be affected, and this condition of approval and condition 24 below shall not be altered, by any "rejection" of the Development Agreement or the AHA as an executory contract in any bankruptcy proceeding of any owner of all or any portion of or interest in the apartment project. 24. In the event that any Affordable Unit is rendered unfit for occupancy (including by damage or destruction), then until the Affordable Unit is repaired/reconstructed (so that it is available for leasing in compliance with the Affordable Housing Agreement), the Applicant (or successors-in-interest) shall pay City a fee of $10 (which shall increase by $2 every 5 years) per day until the Affordable Unit is phased back into service except that such fee shall not be payable for so long as Applicant or its successor-in-interest is diligently attempting to repair or re-build the Affordable Unit in question, as shown by reasonable evidence provided to City. 25. City may elect by written notice to Developer to relocate any stormwater/flood detention basin, service road, and secondary access road located on City property at any time, and Developer shall reimburse or pay City for the costs of such relocation within ten (10) business days after written demand from City from time to time describing such costs. Developer shall promptly provide a bond acceptable to City in the amount of such costs as projected by City in good faith to ensure payment of the costs, and, every two (2) years, the amount of the bond shall be increased (by amendment or by a replacement bond) by the percentage increase over the applicable two year period in the Caltrans Highway Bid Price Index for Selected California Construction Items as determined in good faith by the City Manager. In the event such index is discontinued, the City Manager may select a replacement index in accordance with Section 6.22 of the Development Agreement (which is hereby incorporated herein by reference, and as incorporated herein, will survive the expiration or earlier termination of the Development Agreement). 26. All refuse and recycling bins for the complex shall be maintained in enclosures screened with solid walls and decorative gates that have cane poles and open at least 120 degrees for waste hauler'access and are covered with roofs designed to keep stormwater out of the enclosures, allow for bin doors to be fully opened, and prevent residents from throwing refuse or recyclables into the enclosures, to the satisfaction of the Community Development Director and City's Solid Waste Coordinator. Resolution No. 2017-3582 Page 10 27. All refuse enclosures in the project shall be designed to accommodate a minimum of 2 bins each. The amount and, mix of refuse and recycling containers and the level of service shall be to the satisfaction of the Community Development Director and City's Solid Waste Coordinator and consistent with the Moorpark Municipal Code, City Refuse Franchise Agreements, and City Council policies. The applicant shall work with the City and waste hauler to reduce co-mingling of refuse and recyclables and to encourage additional recycling by providing signage in the refuse enclosures, installing and maintaining separate trash/recycling containers in each unit, and providing residents with information on recycling at the time of the initial lease and on an annual basis. 28. If at any time the City Manager determines that a construction easement for the City is necessary within the slope on the southerly fifteen (15) feet of the Property for improving the property to be acquired by City from Developer under the Purchase and Sale Agreement described in Section 23 of the Development Agreement, and City Manager requests such an easement in writing, then Developer shall grant a reasonable construction easement to City for such purpose which shall expire five (5) years after the last Certificate of Occupancy is issued to Developer (and the City Manager is hereby authorized to execute a Certificate of Acceptance for it). 29. Applicant shall comply with the terms of the Development Agreement (whether or not it is rejected in whole or in part in a bankruptcy of the Applicant or of any successor-in-interest to all or any portion of the project site). -END- Resolution No. 2017-3582 Page 11 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2017-3582 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st day of March, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 15th day of March, 2017. Maureen Benson, City Clerk (seal) oc;:/111Pr e\ -pits",51, .„ ''' ,'tr .01V16-4, - ' -. '',.'.::'.•:-'1,;) VJ