HomeMy WebLinkAboutAGENDA REPORT 1996 0207 CC REG ITEM 08B......... ..
ITEM
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of unity Developmen '
Paul Porter, Senior Planner- z.
DATE: January 23, 1996 (CC Meeting on February 7, 1996)
SUBJECT: CONSIDER APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 95 -2, GPA 95 -3 AND TENTATIVE TRACT MAP NO.
4174 A NINE (9) LOT SUBDIVISION (COLMER)
Background
On January 8, 1996, the Planning Commission held a public hearing
on RPD 95 -2, GPA 95 -3 and TT4174 and recommended conditional
approval of the projects to the City Council. A description of the
projects is as follows:
Tentative Tract Map No. 4174 consists of the following lot areas:
Lot
Area (square feet)
1
9490
2
8560
3
7660
4
7650
5
8300
6
14240
7
7150
8
7450
9
8800
Street
16100
Total
95400
Average (net)
8800
Residential Planned Development Permit No. 95 -2 is a request for
approval of nine two -story homes which is an infill project within
the Campus Hills area. The proposed nine residential homes will be
accessed via a cul -de -sac located off Pecan Avenue. There are two
different proposed floor plans with three elevations of each plan.
Plan No. 1 is a 3- bedroom, 2 -1/2 bath, 1663 square foot home. Plan
No. 2 is a 3- bedroom, plus den /bedroom, 2 -3/4 bath home, with 1933
square feet. The architecture, by Bassenian /Lagoni is of a
Mediterranean style.
GPA 95 -3 is a request to change the Land Use Designation from
Median Density to High Density.
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4U(J()1L0Z
Discussion
The Planning Commission made recommendations to changes to the
Community Development staff recommended conditions of approval
which are shown in Planning Commission Resolution No. 96 -316
(Attachment No. 2). The Planning Commission recommended changes
are highlighted in legislative format and include:
a. The deletion of the requirement for CC &Rs., a homeowners
association for maintenance of common landscaping and
drainage.
b. The inclusion of a slough wall to be located south of the
proposed concrete drainage swale within lot No. 9 and a
swale to carry cross lot drainage across all south facing
slopes.
c. The inclusion of condition No. 17 (e) of the Residential
Planned Development requiring that the applicant provide an
irrevocable offer of easement to the City for the purpose of
maintaining all landscaping of the southerly and westerly
facing slopes and maintenance of the drainage system for lot
Nos. 1,6,7,8, and 9. These areas will be annexed into a
landscape maintenance assessment district or new district if
required.
Subsequent Changes to Conditions After Planning Commission Meeting:
Since adoption of Planning Commission Resolution No. 96 -316,
City staff has further refined the Conditions of Approval and
recommends the following changes recommended to the conditions
of approval. If the City Council determines to require creation
of a Homeowners Association, several conditions would need to
be retained or modified to properly reflect such action.
Tentative Tract Map No. 4174
Surety Bond
10. Prior to approval
sufficient surety
lines within and
shall be placed
utility pole.
of a final map, the subdivider shall post
bond to assure that all proposed utility
immediately adjacent to the project site
undergrounded to the nearest off -site
, mall existing utilities
Le nearest off -site utility
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000103
pole with the exception of 66 KVA or larger power lines.
This requirement for undergrounding includes all above-
ground power poles on the project site as well as those
along the frontage roads of the site.
Gulmby Fees
Fees In -Lieu of Park Dedication
19. Prior to approval of the Final Map, the subdivider shall
Ofees tl ::: a ::<:::8:2 :7:
Storm Run -Off
32.k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system prior
to entering streets. If necessary, the storm drain shall be
extended beyond the public right -of -way through easements to
eliminate surface flow between parcels. Both storm drain
and easements outside the right -of -way are to be maintained
n.
A concrete drainage swale shall be constructed to carry
cross lot drainage across all south facing slopes as
determined by the City Engineer. All other water carrying
swales shall Wq be concrete lined.
35. Lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance
in the form of an agreement shall be provided to the City
that these easements will be adequately maintained by
.............. .
Proper v owners.
s>
r►<•::::::::: ><::«::: >::: >::� zo saiei convey storm water
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flows: if applicable; tfie-CC &R's shall be submitted for
review and approval and shall include provisions for the
3 0001.04
.. _ .. ON
._
PHONE _
Gulmby Fees
Fees In -Lieu of Park Dedication
19. Prior to approval of the Final Map, the subdivider shall
Ofees tl ::: a ::<:::8:2 :7:
Storm Run -Off
32.k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system prior
to entering streets. If necessary, the storm drain shall be
extended beyond the public right -of -way through easements to
eliminate surface flow between parcels. Both storm drain
and easements outside the right -of -way are to be maintained
n.
A concrete drainage swale shall be constructed to carry
cross lot drainage across all south facing slopes as
determined by the City Engineer. All other water carrying
swales shall Wq be concrete lined.
35. Lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance
in the form of an agreement shall be provided to the City
that these easements will be adequately maintained by
.............. .
Proper v owners.
s>
r►<•::::::::: ><::«::: >::: >::� zo saiei convey storm water
. Y Y
flows: if applicable; tfie-CC &R's shall be submitted for
review and approval and shall include provisions for the
3 0001.04
Homeowner's Association or maintenance district to maintain
any private storm drainage systems.
41. The developer shall adhere to Business and Professions Code
Section 8771 which requires that all monuments be located
and tied out prior to any construction or relocation of a
street.
The surveyor shall certify on the proposed street
improvement plans that all recorded monuments in the
construction area have been located and either protected in
place or replaced pursuant te State Assembly Bill 1414.
54. Sufflerent - surety, as speeified by—the Gi-ty Engineerr
guaranteeing all pttbI4:e nts shall be previded.
sureties s L, ., l l i-emain In plaee f e r e'ne year f e l l e -- -n g
aeee$tanee e# the publie— l ents by the Git .
55. As an eptlen in plaee ef the Surety Perfermanee Be
tents t-he-- applieant ei— his sueeessers will
e- hewed —te reeerd the Final Map If the appileant er
sueeessers ag -rees to -gave a suberdinat -e- lien to the b..ne }
ef the Gity -p l need en the subjeet preperty.
64. All surety guaranteeing the pubile - _ _____nts shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after final map
approval or issuance of the first building permit shall be
increased an amount equal to of greater than the consumers
price index (Los Angeles /Long Beach SMSA) for a period
since original issuance of the surety and shall be increased
in like manner each year thereafter.
67. Approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from
the main thoroughfare. Cul -de -sac shall be a minimum of 80
feet 1 n diameter. Gc..r,cr exhibit avcs — iet necs
this
WATERWORKS DISTRICT NO 1 CONDITION:
78. Subject property is not within the boundaries of Ventura
County Waterworks District No. 1 for water and sewer
service. The property will have to be annexed to the to the
District prior to serviee
Add the following condition:
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Changes and or additions to Residential Planned Development Permit
Conditions
Use Inauguration
2. Unless the project is inaugurated (building foundation slab in
place and substantial work in progress) not later than three
years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to two (2) one (1)
year extensions for project inauguration if there have been no
changes in the adjacent areas and if applicant can document that
he has diligently worked towards inauguration of the project
during the initial two year Period
ig: .ne request tor extension of this entitlement shall be
made at least 30 -days prior to the expiration date of the
permit.
17.a
The landscape plan shall include planting
specifications for manufactured slopes
feet in height,land all common areas
and irrigation
over three (3)
proposed to be
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5
1
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.e.
f. viii. Irrigation shall be provided for all permanent
landscaping. The applicant shall be responsible for
maintaining the irrigation system and all landscavina
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pp nal1
repl6:d'6 'ariy'`trees''or' plants tfiat`'may die within one
year after occupancy of the last unit, and shall make
any necessary repairs during that time period.
Rain Gutters and Downspout
11. Rain gutters and downspout shall be provided on all sides of
the structure for all units where there is a directional
roof flow. Water shall be conveyed to the street or drives
in non - corrosive devices as $ determined by the City
Engineer.
f. viii. Irrigation shall be provided for all permanent
landscaping. The applicant shall be responsible for
maintaining the irrigation system and all landscaping
app-Licant shall replace any trees
or p ants '`that' may' dite within one year after occupancy of
the last unit, and shall make any necessary repairs
during that time period.
ix. The applicant shall agree to provide the necessary
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006107
maintenance easements to the City for those designated
landscape areas as determined by the City. The app" can
shall the right te pretest the emeunt and spread ef any
prepesed assessment in rela-tien to the fe tlen of a
ands ease - to atenanee- assessment dis-tr } , if -' when
ereated by the -G ' e- app3leantz shall reeerd -a
eevenant t maintain ems of f eet .
47.i.
e in the vicinity of the site to remove
sift'` ('e 'fine: "earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may
have accumulated from construction activities.
Tree Studv
A Tree study for the project was prepared by Keven J. Small and
Associates which identified indicating there are 24 trees scattered
throughout the site, all but three which have been severely damaged
by being cut near or at grade. The report indicated that the loss
of the trees due to construction of the new residential project
would not adversely affect the project or the surrounding
properties, as the trees have been damaged beyond a reasonable use.
The report placed an estimated value of the trees at $10,700. Any
trees to be removed will be subject to the City's Ordinances and
will require a Tree Removal Permit. To Place the applicant on
notice that a permit will be required, staff recommends the
addition of the following condition:
Hea<
There is a possibility that headlights from vehicles exiting the
cul -de -sac may impact existing residences directly across the cul-
7 ( MIL0 8
de -sac on Pecan Avenue. To prevent any potential problem staff
recommends adding the following condition:
General Plan Amendment
The General Plan Land Use Element designates the subject property
as Medium Density Residential (4 du /acre maximum). The proposed
subdivision density is not consistent with the General Plan as the
proposed density is 4.1 units per acre. However, the proposal is
consistent with the density of the surrounding development which
has an average density of approximately 5 units per acre. Staff
has required the applicant to process a General Plan Amendment in
order to address the minor discrepancy between the required density
of 4.0 and the actual density of 4.1.
Normally, a prescreening of a General Plan Amendment would be
required to be approved by the City Council prior to the filing of
an application for a General Plan Amendment. However, due to the
minor nature of this General Plan Amendment and that the existing
zoning of the property is consistent with the proposal, staff did
not require the applicant to first obtain a prescreening.
Zoning
Normally when a developer applies for a Residential Planned
Development for property zoned Residential Planned Development, the
property is rezoned to the exact density of the project. In this
case the density would be 4.1 units per acre. However, because
the surrounding residentially zoned land is zoned RPD 5.0 units per
acre, staff believes it would not be prudent to rezone the
property, because the existing zoning is considered consistent with
the density of 4.1 units per acre.
8 0:6TI'
Options to Use of Assessment District
Staff had originally recommended the establishment of a Homeowners'
Association for the project so as to provide a mechanism to
maintain the southerly facing slopes, the landscaping facing Pecan
Avenue and the drainage swale which carries cross lot drainage for
those lots with south facing slopes.
The Planning Commission did not want to impose a requirement to
establish a Homeowners' Association for nine homes due to the cost
involved and thus recommended to the City Council that the
properties be annexed into a maintenance assessment district.
However, the requiring the annexation into a maintenance assessment
district is somewhat precedent setting because the City has
historically not included interior slopes or lot to lot drainage
to be maintained by a maintenance assessment district.
Another option the City Council can consider would be to require
the developer request to be annexed to the Campus Hills Homeowners
Association that was established for Tract 3963. The benefit of
this option, would be that the homeowners of this tract would be
able to use their recreational facilities. However, annexation to
the Campus Park Homeowners Association would require approval of
the existing Homeowners Association.
The final option would be to place the responsibility on each
affected property owner.
Recommendations:
1. Open the public Hearing.
2. Consider the Mitigated Negative Declaration and related
Mitigation Monitoring Program prepared for these entitlement
projects prior to approving the projects.
3. Make the appropriate findings (Exhibit No. 1) for each of the
entitlements requested by the applicant.
4. Direct staff to prepare resolutions approving the requested
General Plan Amendment, Land Division Map, and Residential
Planned Development Permit for presentation at the City Councils
next regular meeting of February 21, 1996.
Attachments:
1. Proposed Findings
9 000110
2. Planning Commission Resolution No. 96 -316
3. Planning Commission Staff Report with attachments dated December
17, 1995.
10 006IL11