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HomeMy WebLinkAboutAGENDA REPORT 2002 0821 CC REG ITEM 10CITEM 100 C • CTT V OF MOORPARK, CAT,TrORNTA City Cnuncil Meeting of 9'21 -DZ ACT TON: A4Lrojr:6-A- HDC� o F F- 1A4LY2 �Yntt_L+IOcrse }�hedule �%1►n} MOORPARK CITY COUNCILAn�rrn +--t��° &,{Cp-hn`j " P . o P Approua l lvnov- nom, AGENDA REPORT h doh TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: August 5, 2002 (CC Meeting of 8/21/02) SUBJECT: Consideration of Remaining Outstanding Issues - Toll Brothers (Moorpark Country Club Estates) BACKGROUND At the July 17, 2002, City Council meeting the Council dealt with the most immediate issue of occupancy of the homes in Phase 1 of Moorpark Country Club Estates. The issues at that time were related primarily to fencing and landscaping. Staff indicated that there were numerous conditions of the Vesting Tentative Map and the Residential Planned Development permit that would need consideration at the August 21, 2002, City Council meeting. Those conditions were relative to street improvements and the timing of those improvements. DISCUSSION At the time of approval of the Vesting Residential Planned Development permit fc were expectations that certain improveme: prior to occupancy of the first homes ii Council is aware, this is not the case. conditions which involve improvements completion of those improvements will through a Minor Modification process. Tentative Map and the Toll Brothers, there is would be completed the development. As Each of the ten (10) and time specific need to be modified The ten (10) conditions, in no particular order of priority, involve the following: • Adoption of a Resolution regarding enforcement of the California Vehicle Code and the Moorpark Municipal Code on private streets in the development Honorable City Council Meeting of August 21, 2002 Page 2 • Revisions and approval of the CC &R's to comply with the changes approved by City Council for Phase 1 • Submittal and approval of a Community Sign Program and landscape plans and the installation of landscaping for Phase 1 • Approved and operational Landscape Maintenance District for all areas proposed to be maintained by the public • Fencing and wall plans for individual lots, as well as, boundary (range) fencing • Improvements to Walnut Canyon Road intersection with Championship Drive • Improvements to Grimes Canyon Road intersection with Highway 118 • Improvements to Grimes Canyon Road intersection with Championship Drive ISSUES FOR CONSIDERATION There are five (5) issue areas for consideration: • Improvements and the timing of said improvements • Clarification on additional issues involving one day of "city" golf play at cost, cable television and assessment district conditions • Amendments to the Settlement Agreement regarding financial penalties for non - compliance with improvement timing • Landscape Maintenance District & Homeowners Association maintenance • Hold on building permit issuance until Toll files necessary application and Agreement amendment Improvements and the timing of said improvements: The ten (10) conditions shown in Attachment 1 relate to the occupancy of homes. These conditions need to be modified to coincide with the now anticipated timeframes for completion of the indicated improvements. Staff has met with representatives of Toll Brothers to establish the new timeframes for anticipated completion of the indicated improvements. Modifications to the ten (10) conditions are shown in Attachment 2 in legislative format. If Council concurs with the recommended modifications, then it should direct the applicant to file the Minor Modifications and S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc ,- l Honorable City Council Meeting of August 21, 2002 Page 3 direct the Community Development Director to approve the modifications, as indicated. Clarification on additional issues involving one day of "city" golf play at cost, cable television and assessment district conditions: There are three (3) conditions which need to be clarified regarding the grant to the City one day per year of golf course and clubhouse use at cost, protection of the City's interests now and in the future regarding cable television, and clarification regarding assessment districts. The additional conditions are indicated below: 1. Developer agrees for the life of the project to cast affirmative ballots for the increase of any assessments for existing assessment districts for the maintenance of parkway and median landscaping, street lighting, and parks conferring special benefits, and for the formation of any new assessment district for the purposes listed above in order to supplement the then existing assessments upon properties within the project. 2. Developer agrees that in the event that cable television services or their equivalent are provided to the project under collective arrangement or any collective means other than by a City Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the project), the entity responsible for the provision of such service shall pay monthly to the City an access fee of five percent (50) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross Revenue" is defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. Developer further agrees that in the event cable television services or their equivalent are provided to the project by any other means other than by a City Cable Franchisee, that the City's government channel shall be available to all units as part of any such service on the same basis as if the project was served by a City Cable Franchisee. 3. The Developer, and all successors in interest, shall grant to the City the use of the 27 -hole golf course and clubhouse for one day per calendar year, at its cost. Amendments to the Settlement Agreement regarding financial penalties for non - compliance with improvement timing: The S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 4 conditions of the Residential Planned Development permit and the Vesting Tentative Map which should have financial penalties if they are not completed with the agreed upon timeframes, relate to the improvement of Walnut Canyon Road /Championship Drive, Grimes Canyon Road /Championship Drive, and the Grimes Canyon Road /Los Angeles Avenue intersections. There is also a need to consider timing and penalties for the last nine (9) holes of golf. The penalties recommended by staff are as follows: • Walnut Canyon Road /Championship Drive intersection improvements to be completed on or before December 31, 2002, or a penalty of $1,000 /day will be paid to the City; • Grimes Canyon Road /Championship Drive intersection improvement to be completed on or before October 18, 2002, or a penalty of $1,000 /day will be paid to the City; • Full Grimes Canyon Road improvements along the reach of the project will be completed on or before the 95th occupancy of Phase 1 or a penalty of $1,000 /day will be paid to the City; • Interim Grimes Canyon Road /Los Angeles Avenue improvements will be completed on or before September 1, 2003, or a penalty of $1,000 /day will be paid to the City; • Full Grimes Canyon Road /Los Angeles Avenue improvements will be completed on or before September 1, 2005, or a penalty of $2,000 /day will be paid to the City; • The final nine (9) holes of golf will be completed and open for play on or before May 1, 2003. If on May 1, 2003, the nine (9) holes of golf are not complete and open for play, a penalty of $120,000 will be paid to the City to extend the completion date to September 1, 2003. If on September 1, 2003, the nine (9) holes of golf are not complete and open for play, a penalty of $120,000 will be paid to the City to extend the completion date to January 1, 2004. If on January 1, 2004, the nine (9) holes of golf are not complete and open for play, a penalty of $120,000 will be paid to the City to extend the completion date to May 1, 2004. If on May 1, 2004, the nine (9) holes of golf are not complete and open for play, a penalty of $1,000 /day will be paid until the nine (9) holes of golf are complete and open for play. To effectuate these performance guarantees, amendment to the Settlement Agreement must be made. If the Council concurs with the recommendations listed above, then it should direct staff to S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 5 prepare the amendment to the Settlement Agreement, subject to final language approval by the City Manager and City Attorney, and authorize the Mayor to execute said Agreement. Landscape Maintenance District & Homeowners Association Maintenance: Staff has reviewed the areas which were originally to be maintained by the Landscape Maintenance District (LMD) and the Homeowners Association (HOA). With the decision by the Council to allow orchards if maintained by the HOA, adjustments in the boundaries of the LMD and HOA maintained areas had to be made. Substantially more area is now proposed to be maintained by the HOA than before, with the LMD maintaining the landscaping and related improvements which are in the pubic right of way. As of August 9, 2002, the landscape plans showing the revised boundaries have been discussed with Toll and corrected plans returned to them. The Landscaping Plans are very near the final plan check as of August 12, 2002. Changes to the LMD and HOA will require acknowledgements signed by the buyer and eventually, revisions to the CC &Rs and the LMD. The costs of making these changes shall be borne by the developer. Hold on building permit issuance until Toll files necessary application and Agreement amendment: Based upon the circumstances that has brought the City and Toll to this point in time, staff believes that it would be advisable to have the Council direct staff to hold on the issuance of any building permits for additional residential units until such time as Toll files an application for the Minor Modification and concurs with the second amendment to the Settlement Agreement. Filing the Minor Modification, based upon this staff report and Council direction, should be fairly perfunctory. The City Manager will have a draft of the second amendment to the Settlement Agreement for Toll's review by the August 21, 2002 Council meeting. This provides Toll with an incentive to move the process along to completion. STAFF RECOMMENDATION 1. Direct the applicant to file the Minor Modifications and direct the Community Development Director to approve the modifications as indicated. 2. Approve the second amendment to the Settlement Agreement, subject to final language approval by the City Manager and S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc v ..r .� Honorable City Council Meeting of August 21, 2002 Page 6 City Attorney, and authorize the Mayor to execute said second amendment. 3. Direct staff not to issue additional building permits until Toll files the Minor Modification and second amendment to the Settlement Agreement; and staff has determined the Minor Modification application to be complete and the second amendment to be consistent with Council action. Attachments: 1. Toll Conditions Tied to Occupancy 2. Suggested Revisions to Toll Conditions S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc C", ,e ' Honorable City Council Meeting of August 21, 2002 Page 7 ATTACHMENT 1 Toll Conditions Tied to Occupancy 1. VTM #20, RPD #18, CUP #24: Prior to opening "C" Street, the western residential area streets and cul -de -sacs (labeled as public on the Vesting Tentative Map) to public use, the Applicant /Developer shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 2. VTM #23: The draft CC &R's shall be submitted to the Community Development Director and the City Attorney for review and approval, prior to approval of the first phase of the Final Map by the City Council, and the subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for city review. Prior to the sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. 3. RPD #22: Both the eastern and western "C" Street entrances to the proposed project shall provide residential, community entry monumentation signage and appropriate landscaping at entry points. A sign program shall be submitted to the Community Development Director for review and approval prior to the first residential occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch, entry road design. Trees shall be spaced at equal intervals or clustered, as approved by the Community Development Director. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Community Development Director shall review and approve all gateway, streetscapes, and street tree planting programs for the project, prior to Zoning Clearance for the first residential unit, and all such landscaping for each S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 8 approved phase shall be installed, prior to the first occupancy for that phase. 4. RPD #29, VTM #47, CUP #44, MM1 #7: Prior to the recordation of each applicable phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Maintenance Areas and Common Maintenance Areas for the Tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans and applicable City policies, plans and ordinances, and shall be submitted to the Community Development Director for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation and final inspection. The landscaping for the Maintenance Areas and Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval, prior to the first occupancy in each phase. (The landscaping for "C" Street is required to be installed prior to the first golf course occupancy; however, if residential development precedes golf course construction, the landscaping for "C" Street shall be installed and receive final inspection and approval, prior to the first residential occupancy.) 5. VTM #55, RPD #34, RPD #35, MM1 #8: A Perimeter Boundary Fencing and Wall Plan are required to be submitted for the Community Development Director's approval, prior to approval of the first phase of the Final Vesting Map. The Perimeter Boundary Fencing and Wall Plan shall include the type, height and location of all fencing and /or wall to be installed, along the perimeter of the entire project site and along "C" Street and within the "C" Street parkway. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. Perimeter boundary fencing shall be a minimum of six (6) feet in height and shall be installed by the Applicant /Developer, adjacent to agricultural -zoned property, prior to the first golf course occupancy approval or first residential occupancy approval north of "C" Street, whichever occurs first, and shall represent a substantial barrier to discourage vandalism and trespassing. The Community Development Director may approve high - quality chain link fencing, adjacent to agricultural properties, in locations where such fencing S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc i ., s 4,.M fit A Honorable City Council Meeting of August 21, 2002 Page 9 would not be visible from the public right -of -way or the adjacent residential pads. In all other perimeter locations, not adjacent to agricultural -zoned property, either wrought iron fencing, a block wall, or a combination shall be provided, as determined by the Community Development Director in the Perimeter Fencing and Wall Plan. 6. VTM #136, RPD # 59, CUP #101: Prior to occupancy of the first residential unit of Tract No. 4928 or the first golf course facility, whichever occurs first, the subdivider shall improve Walnut Canyon Road, as specified in these conditions. 7. VTM #142, RPD #63, CUP #106: Prior to issuance of the first Zoning Clearance for occupancy of either the golf course or the first residential unit, the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue) , shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location, as approved by the City Engineer. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad, County of Ventura and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. 8. VTM #143, RPD #62, CUP #105: Prior to occupancy of the first residential unit of Tract No. 4928 or the golf course facility, whichever occurs first, the subdivider shall improve Grimes Canyon Road, as specified in these conditions. 9. MMl #10: Prior to the issuance of a grading permit for Grading Phase 1B, the applicant shall prepare and submit for approval by the Community Development Director, a master equestrian trail design. The plan shall show the dedicated alignment, improvements and equestrian S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 10 crossing /safety features where trail crossings occur with public or private streets. Each trail segment shall be constructed for the full length of the development phase in which the trail is incorporated. The equestrian staging facilities shall be constructed and shall be connected to a dedicated and improved trail within Development Phase One. The design of the trail and surfacing and fencing, etc., shall be approved by the Community Development Director. The trail shall be accommodated within an expanded parkway providing not less than thirty (30) feet from the back edge of curb to the right -of -way line along the south side of "C" Street. The design and alignment of the equestrian trail shall be coordinated with the design and alignment of the sidewalk to create a streetscape which incorporates topographic conditions that resemble a naturally occurring topographic setting not a manufactured condition. The trail and the sidewalk shall be free flow and serpentine or meandering and may cross one another and be designed with a variable separation for the extent of the trail. The sidewalk and the equestrian trail shall also vary in their vertical alignment. 10. MM1 #14: Private recreation areas identified by the Minor Modification shall be subject to review and approval of the Director of Community Development and the Director of Community Services. Recreation equipment shall meet the standards required by the City for public park development. The Home Owners Association shall be responsible for the long term maintenance of the private facilities. The private recreation areas shall be installed prior to the issuance of the Zoning Clearance for building permit of the fiftieth (50th) dwelling unit in each development phase served. S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 11 ATTACHMENT 2 Suggested Revisions to Toll Conditions 1. VTM #20, RPD #18, CUP #24: , the western residential area streets i ciz - -crc- saes (labeled as publie en the Vesting -- T'czrczrczye Map) to publAre uSt�rn— T kpp-�r 2aF� �- ^fir= - r - T l icequ2Tt the ,'}ip ^ en} picevisie•es of the r l ; fei-nia oZehiele —Ce Midnie-ipalGede—(This condition is no longer required since the Final Map was recorded with a Public Safety Easement.) 2. VTM #23: Prior to the close of escrow of the first home in Phase 1 the subdivider shall submit to the Community Development Director a T-l-,e draft of the proposed amendments to the recorded CC &R' s. siz.1-ar -1 be s zbffiit e —te the The Community Development Director and the City Attorney shall €ems review and approve amendments if they appropriately address the additional responsibilities of the home owner and homeowner association with respect to orchard planting /maintenance, landscape maintenance, restrictions on storage in the last 5 to 12 -feet of the rear yards of lots where property line fencing is below the top of slope, and other matters as directed by the City Council at its meeting of July 17, 2002. appicevalml the firrte hale —e f the Final n apbyth the GlIcy G e un ; 1, a�Q -t4e The subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for city review. Prior to the close of the 95th escrow in Phase 1 the subdivider shall provide proof to the Community Development Director that , the CC &R's are shall: be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. 3. RPD #22: Prior to occupancy of the 95th home in Phase 1 the developer shall submit, for review and approval, Landscaping and Irrigation plans to the Community Development Director. The subdivider shall provide residential community entry monumentation and appropriate landscaping at the entry points at both Beth the eastern and western Championship Drive GStfe entrances to the S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 12 proposed project. shall pr-evrder-es- idential, - fffft----ity entry peints. Prior to the occupancy of the 95th home in Phase 1 the developer shall submit, for review and approval, a A sign program shall l.e subfftit4�ed to the Community Development Director. for r —view and approval prier te the first residential eeeupaney. An orchard planting program shall be allowed. street tree —pjantd:Trg pre g r a fn shallr-equired f e r b} resefftbles a rural raneh, entry read design. Trees shall be spaeed at equal intervals er r as appreveel by fer these entry peints anei aleng "G" Street shall inelude Gther -&Street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. Prior to the occupancy of the 95th home in Phase 1 T-the Community Development Director shall review and approve all gateway, streetscapes, and street tree planting programs for the project., r-esidentiarunit, --ana aAll such landscaping for Phase 1 shall be installed prior to the occupancy of the 95th home. All other landscaping and irrigation for subsequent phases shall be installed, prior to the first occupancy for that phase. RPD #29, VTM #47, CUP #44, MM1 #7: Prior to the occupancy of the 95th home of Phase 1 and for all other phases prior to the recordation of each phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Maintenance Areas and Common Maintenance Areas for the Tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans and applicable City policies, plans and ordinances, and shall be submitted to the Community Development Director for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation and final inspection. Prior to the occupancy of the 95th home of Phase 1 and prior to the first occupancy in all subsequent phases, T-the landscaping for the Maintenance Areas and Common Maintenance Areas in eaehi appreveel phase shall be installed and receive final S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 13 inspection. anel appreval, eaeh phase. Prior to the first residential occupancy of phases after Phase 1, +T-the landscaping for Championship the D rive "{" Street is r� e-te shall be installed p�-e�e 1a '-ap in g €ez G" Sticeet shall be instaTleed and receive final inspection and approval. ,, pirer- te the f;L-S residential 5. VTM #55, RPD #34, RPD #35, MM1 #8: Prior to the occupancy of the 95t'-' home of Phase 1 a A Perimeter Boundary Fencing and Wall Plan are required to shall be submitted for the Community Development Director's approval., app r-e�a l e f t=he first phase o f t=he Final Vesting Map. The Perimeter Boundary Fencing and Wall Plan shall include the type, height and location of all fencing and /or wall to be installed along the perimeter of the entire project site a- and along Championship Drive, �� r. " c L �r and within the Championship Drive "G" Street parkway. D....,.- elaicy per f enei x(� e r walls s h a,, be ire -t-a l4e d prier t e- the --wt- Perimeter boundary fencing shall be a minimum of six (6) feet in height and shall be installed by the Applicant /Developer, adjacent to agricultural zoned property, prior to the first golf course occupancy approval or first residential occupancy approval north of Championship Drive `G" Sti-ecc, whichever occurs first, and shall represent a substantial barrier to discourage vandalism and trespassing. The Community Development Director may approve high - quality chain link fencing, adjacent to agricultural properties, in locations where such fencing would not be visible from the public right -of- way or the adjacent residential pads. In all other perimeter locations, not adjacent to agricultural zoned property, either wrought iron fencing, a block wall, or a combination shall be provided, as determined by the Community Development Director through -i-ft the Perimeter Fencing and Wall Plan. 6. VTM #136, RPD # 59, CUP #101: On or before December 31, 2002, Prrreic 4�e —ems f-i-r-sti—z es i el ems unit T-r-aet Ne. 4928 er 4che first gelf eedrse faeility , h; ehever first, the subdivider shall improve Walnut Canyon Road, as specified in these conditions or as otherwise S: \Community Development \R P D \1999- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 14 stipulated in the Settlement Agreement Amendment 2 between the Citv and the subdivider. 7. VTM #142, RPD #63, CUP #106: On or before August 31, 2005, or as otherwise stipulated in the Settlement Agreement Amendment 2 between the City and the subdivider, P�iei- t-e 3ssuanee of the first Zening Gleaicanee e-i th e r the g l f eedrse er the first r—e-i d enti amt, the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue), shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location, as approved by the City Engineer. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad, County of Ventura and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. 8. VTM #143, RPD #62, CUP #105: Prior to 95th occupancy of Phase 1 the first —residential unit –ems a et N e. 4928 e is e , the subdivider shall improve Grimes Canyon Road, as specified in these conditions or as otherwise stipulated in the Settlement Agreement Amendment 2 between the City and the subdivider. 9. MM1 #10: Prior to the occupancy of the 95th home in Phase 1 i99 of a— gr-adig perfnrt€er Gr-adinE —Phase 1D ... the applicant shall prepare and submit for approval of the Director of Community Development, a master equestrian trail design. The plan shall show the dedicated alignment, improvements and equestrian crossing /safety features where trail crossings occur with public or private streets. Each trail segment shall be constructed for the full length of the development phase in which the trail is incorporated. The equestrian staging facilities shall be constructed and shall be connected to a dedicated and improved trail within S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc Honorable City Council Meeting of August 21, 2002 Page 15 Development Phase One. The design of the trail and surfacing and fencing, etc., shall be approved by the Director of Community Development. The trail shall be accommodated within an expanded parkway providing not less than 30 feet from the back edge of curb to the right -of -way line along the south side of "C" Street. The design and alignment of the equestrian trail shall be coordinated with the design and alignment of the sidewalk to create a streetscape which incorporates topographic conditions that resemble a naturally occurring topographic setting not a manufactured condition. The trail and the sidewalk shall be free flow and serpentine or meandering and may cross one another and be designed with a variable separation for the extent of the trail. The sidewalk and the equestrian trail shall also vary in their vertical alignment. 10. MM1 #14: Prior to the occupancy of the 95th home of Phase 1 the private recreation areas shall be installed in Phase 1. For all subsequent phases of development private recreation facilities of that phase of development shall be installed prior to the issuance of building permits for the 50th home. Private recreation areas identified by the Minor Modification shall be subject to review and approval of the Director of Community Development and the Director of Community Services. Recreation equipment shall meet the standards required by the City for public park development. The Home Owners Association shall be responsible for the long term maintenance of the private facilities. T4�-e 11. Developer agrees for the life of the project to cast affirmative ballots for the increase of any assessments for existing assessment districts for the maintenance of parkway and median landscaping, street lighting, and parks conferring special benefits, and for the formation of any new assessment district for the purposes listed above in order to supplement then existing assessments upon properties within the protect. 12. Developer agrees that in the event that cable television services or their equivalent are provided to the project under collective arrangement or anv collective means other S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc -0..94✓ v' 1WW �./ Honorable City Council Meeting of August 21, 2002 Page 16 than by a City Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the project), the entity responsible for the provision of such service shall pay monthly to City an access fee of five percent (50) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross Revenue" is defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto Developer further agrees that in the event cable television services or their equivalent are provided to the project by any other means other than by a City Cable Franchisee, that the City's government channel shall be available to all units as part of any such service on the same basis as if the project was served by a City Cable Franchisee. 13. The Developer, and all successors in interest, shall grant to the City the use of the 27 -hole golf course and clubhouse for one day per calendar year, at its cost. S: \Community Development \R P D \1994- 01 \CCO20821 Agenda Report - Toll changes.doc