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HomeMy WebLinkAboutRES CC 2017 3648 2017 1206 RESOLUTION NO. 2017-3648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 5972 AND RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2015-02 FOR THE DEVELOPMENT OF 95 CONDOMINIUMS ON APPROXIMATELY 8.3 ACRES AT 4875 SPRING ROAD AND 384 LOS ANGELES AVENUE, ON THE APPLICATION OF SPRING ROAD LLC (MIKE ASHLEY, DON DUNCAN) WHEREAS, on November 17, 2015, applications for General Plan Amendment No. 2015-02, Zone Change No. 2015-03, Residential Planned Development Permit No. 2015-02, Vesting Tentative Tract Map No. 5972, and Development Agreement No. 2015-01 were filed by Spring Road LLC (Mike Ashley, Don Duncan) for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue; and WHEREAS, on November 7, 2017, the Planning Commission adopted Resolution No. PC-2017-624, recommending approval to the City Council of Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015- 02 for a proposed development of 95 townhouse condominiums and a recreation facility on approximately 8.3 acres at 4875 Spring Road and 384 Los Angeles Avenue, on the application of Spring Road LLC (Mike Ashley, Don Duncan). WHEREAS, at a duly noticed public hearing on December 6, 2017, the City Council considered the agenda report for Vesting Tentative Tract Map No. 5972, and Residential Planned Development Permit No. 2015-02 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, on December 6, 2017, the City Council adopted Resolution No. 2017-3647, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving General Plan Amendment No. 2015-02 and introduced Ordinance No. 458, approving Zone Change No. 2015-03, for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Vesting Tentative Tract Map No. 5972, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: Resolution No. 2017-3648 Page 2 Findings per Government Code Sec. 66473.1 The subdivision design provides for, to the extent feasible, passive or natural heating and cooling opportunities with lots of sufficient size and spacing that include both southern exposure to the future homes and opportunities for landscaping to take advantage of shade and prevailing breezes. Findings per Government Code Sec. 66473.5 The proposed subdivision, together with the provisions for its design and improvement, is compatible with the goals, policies, general land uses, and programs of the City's General Plan as proposed to be amended by General Plan Amendment No. 2015-02, in that the proposed project will provide a variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential, commercial, and industrial development, and compatible with the use of the Arroyo Simi for floodway purposes. Findings per Government Code Sec. 66474 A. The proposed map is consistent with the City's General Plan as proposed to be amended by General Plan Amendment No. 2015-02, in that it would allow for the provision of an increased variety of housing types as well as affordable housing in a design that is both compatible in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as proposed to be amended by General Plan Amendment No. 2015-02, in that they will provide an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. C. The site is physically suitable for the type of residential development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The development site, is relatively flat, is physically suitable for the proposed density of development at 16.5 units per acre, in that all City development standards would be met by the proposed project at this density. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. Resolution No. 2017-3648 Page 3 F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that there currently are no known public access easements on the property, and property along the Arroyo Simi will be offered for dedication for flood control purposes. Findings per Government Code Sec. 66474.6 The project will be connected to the community sewer system operated by the Ventura County Water and Sanitation Division and all sewer waste will be treated at the Moorpark Wastewater Treatment Plant. There will be no discharge of sewer waste from the proposed subdivision in violation of existing water quality control requirements under Water Code Section 13000 et seq. Findings per Government Code Sec. 66478.1 et seq. The proposed subdivision fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements consistent with this Section will be provided per Conditions of Approval. 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 17.44.040: A. The site design, including structure locations, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the goals and policies of the City's General Plan and Zoning Ordinance as proposed to be amended by General Plan Amendment No. 2015-02 and Zone Change No. 2015-03, in that the proposed project will provide for an increased variety of housing types as well as affordable housing in a design that is both comparable in scale with surrounding residential and commercial development, and compatible with the use of the Arroyo Simi for floodway purposes. B. The proposed project, with the adoption of the Mitigated Negative Declaration and incorporation of the mitigation measures in the project to address biology, hazardous materials, hydrology, noise, and traffic issues, would not create negative impacts on or impair the utility of neighboring property or uses, in that the use proposed is similar to surrounding uses, and access to or utility of those adjacent uses are not hindered by this project. Resolution No. 2017-3648 Page 4 C. The proposed project is compatible with existing and permitted land uses in the surrounding area where the development is to be located, in that the general character of development south of Los Angeles Avenue between Moorpark Avenue and Spring Road includes residential uses of varying densities, along with small-scale commercial uses. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves: A. Vesting Tentative Tract No. 5972 subject to the Standard and Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference; and B. Residential Planned Development Permit No. 2015-02, subject to the Standard and Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. The effective date of the approval of Vesting Tentative Map No. 5972 and Residential Planned Development Permit No. 2015-02 shall be concurrent with the effective date of the Ordinance for Zone Change No. 2015-03 and the Ordinance for Development Agreement No. 2015-01, whichever occurs last. SECTION 5. 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 6th day of December, 2017. tt.tt ` Janice S. Parvin, Mayor ATTEST: � �`�` i414.11111W s• rr n CityClerk `w ��^Q Maureen Benson, , . �i gtDEv Exhibit A— Standard and Special Conditions of Approval for Residential Planned Development Permit No. 2015-02 and Vesting Tentative Tract Map No. 5972 Resolution No. 2017-3648 Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2015-02 AND VESTING TENTATIVE TRACT MAP NO. 5972 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 FOR RESIDENTIAL PLANNED DEVELOPMENT 2015-02 1. This planned development permit will expire one year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the 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. All traffic entering and exiting the project shall be restricted to right-turn-in/right- turn-out only at the Los Angeles Avenue and Spring Road driveways. The final design of both of the driveways shall be subject to review and approval of the City Engineer/Public Works Director and the Community Development Director. The final design of the Los Angeles Avenue driveway shall also be subject to the review and approval of Caltrans. 3. The applicant shall replace the 40 trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2015. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. 4. Any future homeowner improvements to the individual homes and the exclusive use area shall follow the City's RPD (Residential Planned Development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. Resolution No. 2017-3648 Page 6 5. Soundwalls adjacent to Los Angeles Avenue, Spring Road, and adjacent to any Commercially Zoned Property shall be no less than eight (8') feet in height, when measured from inside of the project, constructed with tan-colored slumpstone with matching mortar with the final design, height, and location to be approved by the Community Development Director and City Engineer/Public Works Director, subject to ultimate pad elevations. 6. Soundwalls shall extend inward at project driveway entries at Los Angeles Avenue and Spring Road with enhanced landscaping at the entries facing the public rights-of-way to the satisfaction of the Community Development Director, City Engineer/Public Works Director, and Parks and Recreation Director. 7. A fence/wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director, and consistent with the Noise Study. Interior walls shall be a minimum height of six (6') feet from the highest finished grade. 8. Architectural enhancements, such as window reveals and plant-ons are required on all elevations subject to the approval of the Community Development Director. 9. Final colors and materials must be reviewed and approved to include a minimum of three color schemes per architectural style subject to review and approval of the Community Development Director. 10.Painted and decorative sectional roll up garage doors shall be provided. Such garage doors shall include garage window glazing, compatible with the architectural style of each home including the affordable residences. Durable materials are required for trim on the ground floor levels of the homes, such as wood window trim, or'/" minimum cementous stucco coat over foam. 11.Any proposed change to the Architecture shall be considered by the Community Development Director upon filing of a Permit Adjustment application and payment of the fee in effect at the time of application. 12.Landscaping, in the form of vines and shrubs, shall be required to be installed in irrigated cut-outs between the garages. Permanent decorative trellis structures will also be required to provide support for such landscaping. Such landscaping shall be subject to the approval of the Community Development Director. 13.Clerestory windows shall be required on the second and third story of all elevations adjacent to 2-story homes within the Ivy Lane tract. The bottom of such windows shall not be lower than 5 feet from the adjacent floor. Resolution No. 2017-3648 Page 7 14.It shall be the responsibility of the homeowner association to maintain designated private streets, the recreation area(s), project private streets, common area landscaping, and walls and fences. The Community Development Director and City Engineer/Public Works Director shall make the final determination as to the extent of homeowner association maintenance. 15.Amenities for the affordable housing units required by the Development Agreement and Affordable Housing Agreement shall be identical to the base level of amenities provided in the market-rate units, and shall include but not be limited to concrete tile roofs, air conditioning/central heating, washer/dryer hookups, garbage disposal, built-in dishwasher, concrete driveway, automatic garage door opener, flooring, countertops, and window coverings to the satisfaction of the Community Development Director. 16.There shall be no storage of recreational vehicles of any type on any lot, driveway, or street within the subdivision. This requirement shall be reflected on the Homeowner's Association (HOA) Covenants, Conditions, and Restrictions (CCR's). 17.The final location of all community mailboxes must be approved by the Community Development Director and City Engineer/Public Works Director prior to installation. 18.A two-car garage with an interior clear space of not less than 20 feet by 20 feet shall be maintained for the use of each unit. All garages must remain accessible for the storage of two vehicles at all times and may not be rented or sold separately. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 19.LED (or equivalent) street lights shall be used within the project, to be owned and maintained by the Homeowners Association. Design of street lighting shall be to the satisfaction of the Community Development Director and City Engineer/Public Works Director to ensure consistency with future LED (or equivalent) street lighting to be used in the City. 20.Prior to issuance of building permits, the plans shall be submitted to the Police Department for Crime Prevention Through Environmental Design (CPTED) review and recommendations. 21.All remainder areas not designated for homeowner use or vehicular maneuvering shall be landscaped, irrigated, and maintained by the Homeowner's Association as common area subject to the review and approval of the Community Development Director. Resolution No. 2017-3648 Page 8 22.Units in the first rows of homes by Los Angeles Avenue on both sides of the proposed driveway will require upgraded windows, as follows: a. For all first row units, first floor windows will require STC rating greater than or equal to 26. b. For all other first row units facing Los Angeles Avenue, second floor windows will require STC rating greater than or equal to 32. c. For all 3-story second row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 32. d. For all 3-story third row units facing Los Angeles, third floor windows will require STC rating greater than or equal to 30. 23.The mechanical ventilation system shall be capable of providing two (2) air changes per hour in habitable rooms with a minimum of 15 cubic feet per minute of outside air, per occupant. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten (10) feet of straight or curved duct or six (6) feet plus one (1) sharp 90 degree bend. Attic vents facing adjacent roadways, if applicable, should include an acoustical baffle, or the attic floor (including the access panel) should be fully insulated to prevent vehicle noise intrusion. SPECIAL CONDITIONS FOR VESTING TENTATIVE TRACT MAP 5972 1. Vesting Tentative Tract Map No. 5972 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. This subdivision shall expire three (3) years from the date of its approval. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the map and shall be accompanied by applicable entitlement processing deposits. 3. Up to a maximum of 95 dwelling units may be developed under this entitlement. Resolution No. 2017-3648 Page 9 4. Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project: the developer shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Los Angeles Avenue, Spring Road and the southern boundaries of the Project (Arroyo Simi). The City shall administer the annual renewal of the Assessment District, and any costs related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. 5. Prior to approval of any final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 6. Prior to the issuance of any building permit in the FEMA identified 100-year floodplain, a Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer/Public Works Director. 7. The applicant shall provide a grading and construction schedule showing routing for grading and development from Los Angeles Avenue and Spring Road subject to review and approval by the City Engineer/Public Works Director. Earth import and export will be restricted to entering and exiting from Los Angeles Avenue. 8. Within thirty calendar days of submittal of the first plan check for Final Map, the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (CC&R's) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Tentative Tract Map No. 5972 and Residential Planned Development Permit No. 2015-02, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the city attorney's cost of review. 9. A public pedestrian access easement and improvements shall be provided from Spring Road to the Arroyo Simi to the satisfaction of the Community Development Director and City Engineer/Public Works Director. Resolution No. 2017-3648 Page 10 10.Disclosure documents for all initial buyers and the CC&R's shall include notice making buyers aware of the potential construction of a public recreational trail along the Arroyo Simi and of a future trail connection at Spring Road, of the affordable housing required for the project, of the Landscape Maintenance District required for the project, and any other project conditions or terms of the Development Agreement as determined by the Community Development Director in a form to the satisfaction of the Community Development Director. 11.Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer/Public Works Director. 12.Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 13.An access rights easement shall be offered to the City of Moorpark from all lots fronting on Los Angeles Avenue, Spring Road, and the Arroyo Simi. The C.C.&R.'s shall include a provision that property line walls along the perimeter of the project, including the Los Angeles Avenue, Spring Road, and the Arroyo Simi frontage may not be removed or modified to create a gate or similar access opening in violation of the City of Moorpark access rights easement. The applicant shall record an easement or other instrument prohibiting private openings of perimeter walls or fences onto Los Angeles Avenue, Spring Road, the Arroyo Simi, or adjacent private properties subject to review and approval of the City Engineer and Community Development Director. This restriction shall be reiterated in the Covenants, Conditions and Restrictions for this project. 14.Specific locations shall be labelled as Fire Lanes per California Vehicle Code Section 22500.1 to the satisfaction of the City Engineer/Public Works Director and Ventura County Fire Protection District. Streets where curbside parking is proposed shall meet all standards of the Ventura County Fire Protection District for emergency vehicle access. 15.The C.C.&R.'s shall include a requirement that garages in each unit be maintained for the parking of vehicles. Resolution No. 2017-3648 Page 11 16.The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 17.A Traffic Systems Management fee shall be paid, on a per home basis, or in effect at the time of building permit issuance, or as specified in any development agreement adopted for this project. 18.Intersection Improvement fees shall be paid subject to the determination of the City Engineer/Public Works Director. 19.Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 20.A conduit for ownership and use by the City shall be installed behind the right-of- way on Los Angeles Avenue and Spring Road, and throughout the development, subject to review and approval of the City Engineer and Community Development Director. Easements for this purpose, if needed, shall be granted to the City prior to the approval of the Final Map. 21.The applicant shall replace the 40 trees on the site in an amount equal to the appraised value (including the economic value of on-site wildlife and wildlife use of the trees) of the removed trees, and with native trees, as identified in the Tree Report dated December 2015. Landscaping shall include an onsite riparian buffer with plantings consisting of like-kind plant assemblages, listed in the Tree Report. The buffer shall be within the common area landscaping adjacent to Parcel X. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark's tree replacement fund an amount equal to the difference between the appraised amount and the value of the trees planted on site. Any funds collected from this project shall be used within areas preserved as wildland open space or for enhancement of a mitigation parcel. 22.At least 30 days prior to issuance of a Zoning Clearance for tree removal, nesting bird surveys shall be conducted as described in the nesting birds survey protocols and guidelines located at https://www.wildlife.ca.gov/Conservation/ Survey-Protocols. An ornithologist familiar with local avian species shall conduct the surveys. The survey shall include adequate protection measures to prevent impacts to nesting birds during construction. Nesting birds have the potential to be impacted directly, or indirectly, by construction noise, dust, or vibration. These measures shall be incorporated into the project. Resolution No. 2017-3648 Page 12 23.If the project requires any activity which will substantially divert or obstruct the natural flow, or change the bed, channel, or bank (which may include associated riparian resources) of a river or stream or use material from a streambed, the Project applicant shall provide written notification to CDFW pursuant to Section 1602 of the Fish and Game Code prior to undertaking such activity. The applicant shall obtain any permit as required by the California Department of Fish and Wildlife. 24.The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 100 year floodplain. The applicant shall comply with all of the requirements of the CLOMR. 25.In accordance with District Ordinance WP-2, it is the Ventura County Watershed Protection District's standard that a Project cannot impair, divert, impede or alter the characteristics of the flow of water running in any jurisdictional redline channel or facility. To the extent that development impacts District channels and facilities, compliance with District criteria is required. In such cases engineering studies should verify compliance with District hydrology data and flood studies. In addressing peak attenuation, stormwater runoff after development must be mitigated so as not to exceed the peak flow under existing conditions for any frequency of storm event (10-, 25-, 50-, and 100-year). 26.The Project Proponent is required to submit to the Ventura County Watershed Protection District for its review and approval a drainage report documenting how the Project complies with District requirements for mitigation for the Arroyo Simi. The drainage report documenting how mitigation will be provided shall follow the VCWPD GUIDE FOR HYDROLOGIC AND HYDRAULIC STUDY REPORTS. The District's methods for calculating the design hydrology for the Project are contained in the 2010 Design Hydrology Manual. - END - Resolution No. 2017-3648 Page 13 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. 2017-3648 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of December, 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 20th day of December, 2017. Maureen Benson, City Clerk (seal) sir .0:Orow iillartio J.0 •.�I/ 4 TED