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HomeMy WebLinkAboutAGENDA REPORT 1996 0320 CC REG ITEM 10C iTEMA2 C • TO; THE HONORABLE CITY COUNCIL FROM: PAUL PORTER, SENIOR PLANNER DATE MARCH 7, 1996 (CC MEETING OF MARCH 20, 19 9 6) T- -- SUBJECT: CONSIDER REQUIREMENT FOR CONCURRENT PROCESSING i - RESIDENTIAL PLANNED DEVELOPMENT PERMIT WITH TE TRACT MAP NOS 4975, 4976, 4977 AND 4980 (C.T. FINANCIAL) Background The City Council approved the Carlsberg Specific Plan on October 30, 1990 and on November 7, 1990 adopted Resolution No. 90-714 . On February 6, 1991, the City Council adopted Ordinance No. 136 rezoning the property from RE, RE-lac and RPD 1. 6u to C-P-D (SP) , M-1 (SP) , O-S (SP) , R-A (SP) , RPD lu (SP) , RPD 2u (SP) , RPD 3u (SP) , and RPD 5u (SP) . The Community Design Plan and the Development Standards as described in the Carlsberg Specific Plan were adopted by the City Council (Resolution No. 138) on February 20, 1991 . Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan dated September 7, 1994 was approved by the City Council and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994 . On September 21, 1994, the City Council adopted regulations in the Zoning Ordinance which act as the controlling mechanism for implementation of development within the Amended Carlsberg Specific Plan area. The standards set forth in the Ordinance ensure that future development proceeds in a coordinated manner consistent with the goals and policies of the Amend the Carlsberg Specific Plan and the City of Moorpark General Plan. The standards apply to development of all residential, business park, commercial, institutional and open space areas . The City is currently processing the following Tentative Tract Maps for small lot subdivisions which correspond to the approved residential land use designations of the Amended Carlsberg Specific Plan: 1. Tentative Tract Map No.4975 which is a subdivision of Area A ( 3 . 7 U.P.G.A. )of the Specific Plan and contains a total of 145 residential lots and approximately 70. 3 acres of Open Space. 1 000074 2 . Tentative Tract Map No. 4976 is the subdivision of Area C (5 U.P.G.A. ) of the Specific Plan and contains 160 residential lots, a 6 .5 acre park and approximately 43 . 7 acres of open space. 3. Tentative Tract Map No. 4977 is the subdivision of Area D (3 U.P.G.A. ) of the Specific Plan and contains 109 residential lots and approximately 20.4 acres of open space. 4 . Tentative Tract Map 4980 is the subdivision of Area B ( 3 U.P.G.A. ) of the Specific Plan and contains 138 residential lots and approximately 43 . 6 acres of open space and a 9 .5 acre Nature Preserve. Discussion The Tract Maps are currently being processed by the City without the filing of a Residential Planned Development Permit at the request of the applicant. The request to omit a Residential Planned Development by the applicant at this time is because the applicant does not know the footprint or elevations of the future residences as the homes will be built by other developers . Ordinance Requirements Ordinance No. 130 Allowing a small lot subdivision of more than five units without applying for a Residential Planned Development permit is in conflict with Ordinance No. 130 adopted by the City Council on September 19, 1990 . Ordinance 130 requires that a RPD Permit be obtained for projects creating five (5) or more separate lots . A copy of the Ordinance has been provided previously to the City Council . Zoning Ordinance Requirements for RPD Section 17 . 36 . 030 of the Zoning Ordinance sets forth the application requirements for submission of a Residential Planned Development Permit and includes the submittal of items such as the subdivision map, proposed location and elevation of the proposed buildings including the dimensions, size, height, setback, materials and yard areas, proposed landscaping areas, walls, fencing, screening, trash collection areas and usable open spaces areas. The Zoning Ordinance gives the Director of Community Development the latitude to waive or modify the RPD permit application requirements if the items are found not to be applicable to the proposed development. Normally, the City requires all of the above items listed above to be submitted as part of application 2 006070. for the Residential Planned Development as it allows the City to determine at the time of approval of the Tentative Map whether there is a need for private recreational areas which might include tot lot and pool area, the location of, size and type of retaining walls as well as other proposed walls, setbacks of houses, and establish the appropriate mechanism for installation and maintenance of landscaping areas such as the establishment of CC&R's and a Homeowners Association within the development. Staff agrees that it would be inappropriate to require building footprints, elevations, and perimeter tract walls at this time since the tracts will be developed by someone other than the applicant, but that the City should retain it's discretion to approve and/or require such things as: 1 . Installation and maintenance of front yard landscaping, trails, private recreation lots, common open space areas, etc . 2 . Require varying front yard setbacks for residences . 3 . Approval of size and types of walls . 4 . Review and approval of building elevations, yard areas, footprint of buildings and location of any private recreation lot amenities such as pools, spas and tot lots for individual tract areas . Deferral of Director's Decision Staff is deferring the decision of requiring the filing of a Residential Planned Development Permit at this time to the City Council as well as the required materials to be submitted, because the Director of Community Development does not have the authority to waive Ordinance Requirements . Staff is of the opinion that at a minimum, the applicant should demonstrate that each lot has a buildable area and that the size and location of all proposed retaining walls be shown at this time. In order to preserve the City's options, one condition of approval on the RPD or Tract would require a Major Modification to the RPD be approved by the City Council which would require notification to property owners within 1,000 feet of the proposed development. Recommendations 1. Require the filing and concurrent processing of a Residential Planned Development in conjunction with Tentative Tract Map Nos . 4995, 4976, 4977 and 4980. 2 . Require the applicant file an RPD and submit to the City information that demonstrate that each proposed building pad have buildable areas that can meet minimum setback areas including the ability to vary front yard setback areas, and 3 006077 the size and location of all retaining walls . 3. That prior to construction, the applicant shall apply for and receive approval of a Major Modification to the RPD for each tract area. 4 . Direct staff to impose conditions of the Tentative Tract Maps stating that the maps not be allowed to record prior to approval of a Major Modification to the RPD and satisfaction of Prior to Issuance of Zoning Clearance Conditions . 5 . Make one of the following decisions regarding private recreational areas so that if applicable, these can be included in the number of lots for the Tentative Tract Maps: a. Require a lot for a future private recreational area for each of the Tentative Tract Maps . b. Do not require private recreational facilities for each of the residential tracts . C . Direct staff to have the Planning Commission provide the City Council with a recommendation as to whether private recreational facilities should be required as part of their recommendation on the Tentative Tract Maps. 4