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HomeMy WebLinkAboutAGENDA REPORT 2002 0918 CC REG ITEM 09CITEM q. 0, - -mmunummuft C,TTV OF MOORPARK. C.AT TrORNTA. City Council Mcetinll ACTION :apprL)vej C} k4 �nmmet MOORPARK CITY COUNCIL 4W AGENDA REPORT $Y: TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director By: David A. Bobardt, Planning Manager Pf DATE: September 4, 2002 (CC Meeting of 9/18/02) SUBJECT: Consider General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03 on the Application of Toll Brothers, Inc. and the City of Moorpark to Amend the Land Use Element, Land Use Map and Zoning Map, in order to: 1) Align Land Use Designations and Zones with Lot Lines in Vesting Tentative Tract Map No. 4928; 2) Allow for a Lot Line Adjustment with an Adjacent Piece of Land for the Development of a Water Tank Site; and 3) Clarify Policy Related to the Separation of Residential Uses from Agricultural Uses BACKGROUND In 1996, the City Council approved a General Plan Amendment, Zone Change, and subdivision for the Moorpark Country Club Estates project on the application of Bollinger Development, Inc. At the time, the project included two 18 -hole golf courses and 216 houses. Toll Brothers, Inc. subsequently acquired the project and applied for a modification to the subdivision design, but not to the General Plan or Zoning boundaries. The revised project still proposed 216 houses, with a single 27 -hole golf course instead of two 18 -hole courses. This modification was approved in February 2000, leaving the new lot boundaries inconsistent with the General Plan and Zoning approved in 1996. Toll Brothers, Inc. is now seeking amendments to the General Plan and Zoning Maps to provide consistency between these maps and the approved subdivision. Along with these proposed amendments is a request to amend the General Plan and Zoning designations at the northwest corner of the property to allow for a reclaimed water tank. Finally, at the direction of the City Council, an amendment to the Land Use Element text is proposed to clarify policy on setbacks between agricultural and residential uses, an issue that recently arose on this project. Honorable City Council September 18, 2002 Page No. 2 On August 26, 2002, the Planning Commission discussed these three potential changes to the General Plan Land Use Element and Map and Zoning Map. The Planning Commission recommended one minor change to the proposed language in Policy 11.2, removing the word "surrounding," and adopted Resolution No. PC- 2002 -429 recommending to the City Council approval of General Plan Amendment Case No. 2002 -03 and Zone Change Case No. 2002 -03. DISCUSSION Issues associated with the three proposed changes are highlighted below and addressed in detail in the attached Planning Commission staff report. Consistency between the General Plan and Zoning Maps and Approved Subdivision Currently, eighty -four (84) of the 216 residential lots are either partially or completely zoned for Open Space. In addition, about twenty -nine (29) acres of open space are residentially zoned. A change of the General Plan and Zoning Maps to follow the lot lines of the approved subdivision would allow the subdivision to be completed as approved and would result in a net gain of about 6.0 acres of Open Space, coming from the residential and institutional zones. It should be noted that the proposed boundaries take into account a proposed lot line adjustment to allow for three property line fences to be located downslope of the pads, similar to the Council - approved fence location for other lots in the project, to provide a rear yard view. Amendments to General Plan and Zoning Maps for Proposed Reclaimed Water Tank Site The project currently includes a 1.22 -acre site for a reclaimed water tank immediately adjacent to Championship Drive and the clubhouse site, approximately in the center of the project. The applicant is proposing to adjust the lot lines with a neighboring property owner to the northwest ( Husted family) to relocate the tank site to a less - prominent location farther away from Championship Drive. The new location would place the tank in an area only visible from within the Toll and Husted properties. The land exchange involves 2.65 acres on each property and would not change the total acreage of either property. In order to adjust the lot lines, a General Plan Amendment and a Zone Change are needed to place the tank site in an institutional zone. As proposed, the 2.65 acres of land to be transferred to the Husted site would be designated for Rural Exclusive (RE -5) uses, consistent with the rest of the Husted property. Land to be transferred to the Toll Brothers site would be designated for Institutional (1.72 acres) and Open Space (0.93 acres) uses. S: \Community Development \G P A \2002 \03 \Staff Reports \cc 020918 .doc ,fti ?,.Cp�F� Honorable City Council September 18, 2002 Page No. 3 Combined with the previously described General Plan and Zoning Map amendments that adjust the boundaries to be consistent with the lot lines, the total map changes would add 3.9 acres of Open Space and 0.6 acres of institutional land. Land designated for residential uses would decrease by 4.5 acres. Amendment to Land Use Element to Clarify Policy on Residential /Agricultural Setbacks The goal of the General Plan policy related to residential /agricultural setbacks is to "identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest." (Goal 11) The focus of the goal is on the preservation of commercial agriculture. The following amendments would clarify the intent of the policy: Policy 11.2: When new residential development is adjacent to existing commercial agricultural uses, a 200 -foot minimum width setback shall be provided to minimize compatibility conflicts. No setback is required from ornamental, fruit - bearing, tree groves within a Residential Planned Development (RPD) project when such groves are provided to emulate the character of commercial agriculture, based on a City- approved landscape plan. This modification to the policy would allow for ornamental groves in projects, like the Moorpark Country Club Estates, when they are part of an approved Landscape Plan. It would also continue to further the goal of preservation of existing commercial agriculture. PUBLIC NOTIFICATION The public hearing before the City Council was noticed by publication in the Moorpark Star on Friday, September 6, 2002, in accordance with Sections 65854 and 65091 of the Government Code, and notices were sent to property owners within a 1,000 -foot radius of the project site. ENVIRONMENTAL DETERMINATION An Environmental Impact Report (EIR) and four Addenda were previously prepared for the approved Toll Brothers subdivision. This existing documentation fully addresses the component of the General Plan Amendment and Zone Change related to adjusting the Land Use Element Map and Zoning Map to match the approved lot lines. S: \Community Development \G P A \2002 \03 \Staff Reports \cc 020918 .doc $1W Honorable City Council September 18, 2002 Page No. 4 Amended language on the 200 -foot setback between residential and agricultural uses is merely clarifying existing policy and could not result in a physical change in the environment and therefore, does not require any further environmental documentation. The inclusion of the Husted property for the water tank site has not previously been analyzed. The California Environmental Quality Act allows an Addendum to an EIR to be prepared, when the modifications to a project would not require major revisions to the EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects. The decision to prepare an Addendum must be supported by substantial evidence. In this case, grading would be extended less than two (2) acres into an area of disturbed grassland. The tank would only be visible from within the Country Club Estates and Husted properties. No significant impacts from this modification are expected. The application and its exhibits, along with the Planning Commission and City Council staff report, provide sufficient and substantial evidence to constitute a fifth Addendum to the Moorpark Country Club Estates EIR. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2002- to adopt the proposed amendments to the General Plan Land Use Element and Map prepared on behalf of General Plan Amendment Case No. 2002 -03; and 3. Introduce Zoning Ordinance No. for first reading. Attachments: 1. Draft City Council Resolution to Approve General Plan Amendment Case No. 2002 -03. 2. Draft City of Moorpark Ordinance to Approve Zone Change Case No. 2002 -03 3. Report to the Planning Commission from August 26, 2002 meeting. 4. Planning Commission Resolution PC 2002 -429, recommending to the City Council Approval of General Plan Amendment Case No. 2002 -03 and Zone Change Case No. 2002 -03. S: \Community Development \G P A \2002 \03 \Staff Reports \cc 020918 .doc C,11 IfI!r30 .1 v" 1 �'': t RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2002 -03 TO ALIGN LAND -USE ELEMENT MAP DESIGNATIONS WITH APPROVED LOT LINES IN VESTING TENTATIVE TRACT MAP NO. 4928 (MOORPARK COUNTRY CLUB ESTATES), TO ALLOW FOR A LOT LINE ADJUSTMENT FOR THE DEVELOPMENT OF A WATER TANK SITE, AND TO CLARIFY LAND USE ELEMENT POLICY RELATED TO RESIDENTIAL SETBACKS FROM AGRICULTURAL USES WHEREAS, on April 17, 1996, Resolution No. 96 -1197 was adopted by the City Council, approving General Plan Amendment No. 94 -1 to amend the Land Use Map for the Moorpark Country Club Estates project; and WHEREAS, on February 2, 2000, Resolution No. 2000 -1694 was adopted by the City Council, approving Minor Modification No. 1 to Vesting Tentative Tract Map No. 4928, Residential Planned Development No. 94 -1, and Conditional Use Permit No. 94 -1 in order to allow changes to the lot and street layout and amenities associated with the Moorpark Country Club Estates project; and WHEREAS, Toll Brothers, Incorporated, has requested a General Plan Amendment and Zone Change to align the General Plan Land Use Map and Zoning Map boundaries with the approved Moorpark Country Club Estates subdivision and to allow for a reclaimed water tank on an adjacent piece of property; and WHEREAS, on August 21, 2002, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the General Plan Land Use Element on setbacks between residential and agricultural uses; and WHEREAS, after holding a duly noticed Public Hearing on August 26, 2002, the Planning Commission adopted Resolution No. PC- 2002 -429 recommending to the City Council approval of amendments to the General Plan Land Use Element, Land Use Map and Zoning Map; and CC ATTACHMENT 1 RESOLUTION NO. 2002 - Page 2 WHEREAS, at its meeting of September 18, 2002, the City Council conducted a public hearing, took public testimony, closed the public hearing, and reached its decision; and WHEREAS, the application, exhibits, and Planning Commission staff report have been read, reviewed and considered by the City Council and together provide substantial evidence that proposed General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03 will not result in additional significant environmental effects or a substantial increase in environmental effects beyond those already identified in the environmental documentation for Vesting Tentative Tract Map No. 4928. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The application, exhibits, and staff report on General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03, are adopted as Addendum No. 5 to the Moorpark Country Club Estates EIR. SECTION 2. GENERAL PLAN LAND USE MAP: The General Plan Land Use Map is amended as proposed in Exhibit "A" attached hereto. SECTION 3. GENERAL PLAN LAND USE ELEMENT: Policy 11.2 of the General Plan Land Use Element is amended to read as follows: Policy 11.2: When new residential development is adjacent to existing commercial agricultural uses, a 200 -foot minimum width setback shall be provided to minimize compatibility conflicts. No setback is required from ornamental, fruit - bearing tree groves within a Residential Planned Development (RPD) project when such groves are provided to emulate the character of commercial agriculture, based on a City- approved Landscape Plan. S: \Community Development \G P A \2002 \03 \0rdinances and Resolutions \CC 020918 Reso .doc RESOLUTION NO. 2002 - Page 3 SECTION 4. CERTIFICATION OF ADOPTION: 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 DAY OF , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit A: General Plan Land Use Element Map Amendment S: \Community Development \G P A \2002 \03 \0rdinances and Resolutions \CC 020918 Reso .doc of } ti 11;n l Proposed General Plan Land Use Desrgnatlons - VTTM 4928 OS-2 'QTT12 vxvm MAP Land Use Designation OS -2 Open Space 2 ML Medium Low Residential RL Rural Low Residential PUB Public Institutional ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2002 -03 TO ALIGN ZONE BOUNDARIES WITH LOT LINES IN VESTING TENTATIVE TRACT MAP NO. 4928 AND TO ALLOW FOR A LOT LINE ADJUSTMENT FOR THE DEVELOPMENT OF A WATER TANK SITE FOR THE MOORPARK COUNTRY CLUB ESTATES WHEREAS, on May 1, 1996, Ordinance No. 215 was adopted by the City Council, approving Zone Change No. 94 -1 to establish zoning classifications for the Moorpark Country Club Estates project; and WHEREAS, on February 2, 2000, Resolution No. 2000 -1694 was adopted by the City Council, approving Minor Modification No. 1 to Vesting Tentative Tract Map No. 4928, Residential Planned Development No. 94 -1, and Conditional Use Permit No. 94 -1 in order to allow changes to the lot and street layout and amenities associated with the Moorpark Country Club Estates project; and WHEREAS, Toll Brothers, Incorporated, has requested a General Plan Amendment and Zone Change to align the General Plan Land Use Map and Zoning Map boundaries with the approved Moorpark Country Club Estates subdivision and to allow for a reclaimed water tank on an adjacent piece of property; and WHEREAS, after holding a duly noticed Public Hearing on August 26, 2002, the Planning Commission adopted Resolution No. PC- 2002 -429 recommending to the City Council approval of amendments to the General Plan Land Use Element, Land Use Map and Zoning Map; and WHEREAS, at its meeting of September 18, 2002, the City Council conducted a public hearing, took public testimony, closed the public hearing and reached its decision; and WHEREAS, On September 18, 2002, the City Council adopted Addendum No. 5 to the Moorpark Country Club Estates Environmental Impact Report for proposed General Plan Amendment 2002 -03 and Zone Change 2002 -03. CC ATTACHMENT 2 € t C; 0 � r", ORDINANCE NO. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Zoning Map described and referenced in Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit "A" attached hereto. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit A: Zoning Map Amendment S: \Community Development \G P A \2002 \03 \Ordinances and Resolutions \CC 020918 Ord ZC.doc C , = s OS -500ac t RPD 1.48U Res.Planned Development RE -Sac Residential Exclusive I (j{ 4 no z-� A. F.> a Proposed Zon fng VT7V 49928 L-q j RES -Sac r Proposed LLA RPD 1.48U - 05 -500 Hr v Proposed, LLA OS -500ac OS -500ac I RPD 1.4 8U ' ls'A L OS -500ac RE-Sac ti a y .t•. t WE5TPOINTE PROPERTY i 4 z ci � i Zoning Designation OS -500ac Open Space RPD 1.48U Res.Planned Development RE -Sac Residential Exclusive I Institutional i CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Chair and Members of the Planning Commission FROM: Barry K. Hogan, Community Development Directoe By: David A. Bobardt, Planning Manager �j DATE: August 22, 2002 (PC Meeting of August 26, 2002) SUBJECT: Consider General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03 to Amend the Land Use Element, Land Use Map and Zoning Map, in order to: 1) Align Land Use Designations and Zones with Lot Lines in Vesting Tentative Tract Map No. 4928; 2 ) Allow for a Lot Line Adjustment with an Adjacent Piece of Land for the Development of a Water Tank Site; and 3) Clarify Policy Related to the Separation of Residential Uses from Agricultural Uses BACKGROUND In 1996, the City Council approved a General Plan Amendment (GPA), Zone Change (ZC), Vesting Tentative Tract Map (VTTM), Residential Planned Development (RPD), and Conditional Use Permit (CUP) for the Moorpark Country Club Estates project on the application of Bollinger Development, Inc. At the time, the project included two 18 -hole golf courses and 216 houses. The project was subsequently acquired by Toll Brothers, Inc., who applied for a modification to the VTTM, RPD, and CUP. The project still included 216 houses, but involved changes to the grading, amenities, street layout, lot layout and phasing. The City Council approved this modification in February 2000. At that time, no changes were made to the General Plan Land Use Map and Zoning Map, leaving the new lot boundaries inconsistent with the General Plan and Zoning Maps adopted for the project in 1996. Toll Brothers, Inc. is now asking for amendments to the General Plan and Zoning Maps to provide consistency between the land use designations and lot lines of the final recorded subdivision. CC ATTACHMENT 3 Planning Commission Agenda Report GPA 2002 -03, ZC 2002 -03 (Toll Bros.) August 26, 2002 Page No. 2 Along with these proposed amendments is a request by Toll Brothers to amend the General Plan and Zoning designations at the northwest corner of the property, including adjacent property owned by the Husted family, to allow for a reclaimed water tank in this area. Finally, at the direction of the City Council, an amendment to the language in the Land Use Element is proposed to clarify policy on setbacks between agricultural and residential uses, an issue that recently arose on this project. DISCUSSION Three (3) areas of change are discussed: • Consistency between the General Plan Land Use Map, Zoning Map and Approved Vesting Tentative Tract Map • Amendments to General Plan and Zoning Maps for Proposed Reclaimed Water Tank Site • Amendment to Land Use Element to Clarify Policy on Residential /Agricultural Setbacks Consistency between the General Plan Land Use Map, Zoning Map and Approved Vesting Tentative Tract Map Currently, eighty -four (84) of the 216 residential lots, approved by the modification to the subdivision, RPD, and CUP in February 2000, are either partially or completely zoned for Open Space. In addition, about twenty -nine (29) acres approved for Open Space, are in a residential zone. A change of the General Plan and Zoning Maps to follow the lot lines of the approved subdivision would result in a net gain of about 6.0 acres of Open Space, coming from the residential and institutional zones. These map amendments are recommended by staff to allow the subdivision to be completed as approved and to avoid future zoning issues, when accessory structures such as pools, are proposed. A lot line adjustment is currently being processed to move the rear lot line on three (3) of the residential lots further away from the houses (approximately 19 feet), taking land from a common Open Space lot. This lot line adjustment would allow for property line fences to be located downslope of the pads, similar to the Council - approved fence location for other lots in the project, to provide a rear yard view. To avoid the need for another General Plan Amendment and Zone Change, it is recommended that the new land use boundaries include this proposed lot line adjustment. S: \Community Development \G P A \2002 \03 \Staff Reports \PC 020826 GPA 2002 -03 ZC 2002 -03 Rpt(1).doc C v3; 0__ 5tiw Planning Commission Agenda Report GPA 2002 -03, ZC 2002 -03 (Toll Bros.) August 26, 2002 Page No. 3 Amendments to General Plan and Zoning Maps for Proposed Reclaimed Water Tank Site The project as approved includes a 1.22 -acre site for a reclaimed water tank immediately adjacent to Championship Drive and the clubhouse site, approximately in the center of the project. The applicant is proposing to adjust the lot lines with a neighboring property owner to the northwest ( Husted family) to relocate the tank site to a less - prominent location farther away from Championship Drive. The lot -line adjustment involves 2.65 acres on each property and would not change the total acreage of either property. In order to adjust the lot lines, a General Plan Amendment and a Zone Change are needed to place the tank in an institutional zone. Attachment No. 2 is a photograph, taken from Championship Drive looking northwest, of the proposed tank site showing the approximate location of the water tank. The 1.5 million - gallon tank, 30 feet high and 93 feet across, would be located in a small bowl between two ridges. Waterworks District No. 1 indicated that the tank would be tan - colored with a flat finish. Dirt would be brought in from other locations on the project site to elevate the bowl about 30 feet for the tank pad. The top of the tank would still be 50 feet below the lowest point on the ridge behind it, and would only be visible from within the Toll Brothers site and the adjacent Husted property. There is an existing project condition which requires landscaping for the tank site subject to the approval of the Community Development Director, to minimize visual impacts of the tank. The 2.65 acres of land to be transferred to the Husted site would be reclassified from Open Space to its current rural exclusive (RE- 5) uses, making it consistent with the rest of the Husted property. Land to be transferred to the Toll Brothers site would be reclassified from rural exclusive residential uses to institutional (1.72 acres) and Open Space (0.93 acres) uses. Combined with the previously described General Plan and Zoning Map amendments that adjust the boundaries to be consistent with the lot lines, the total changes would add 3.9 acres of Open Space and 0.6 acres of institutional land. Land designated for residential uses would decrease by 4.5 acres. Community Development staff believes the new tank location provides for better site design, and recommends approval of the General Plan Amendment and Zone Change as proposed. S: \Community Development \G P A \2002 \03 \Staff Reports \PC 020826 GPA 2002 -03 ZC 2002 -03 Rpt(1).doc C C­11 131 10 Planning Commission Agenda Report GPA 2002 -03, ZC 2002 -03 (Toll Bros.) August 26, 2002 Page No. 4 Amendment . to Land Use Element to Clarify Policy on Residential /Agricultural Setbacks On July 17, 2002, the City Council raised concerns over policy in the Land Use Element of the General Plan, related to setbacks between agricultural and residential uses. Current General Plan policy reads as follows: Policy 11.2: When new residential development is adjacent to existing agricultural uses, a 200 -foot minimum width setback shall be provided to minimize compatibility conflicts. On August 21, 2002, the City Council directed the Planning Commission to study this policy and provide a recommendation on potential amendments. A copy of the City Council Resolution is included as Attachment No. 3. The goal under which this Land Use Element policy was formulated is to "identify and encourage the preservation of viable agricultural resources in the City and its Area of Interest." The focus of the policy should therefore be on the preservation of commercial agriculture. In order to clarify the intent of the policy, it is recommended that Policy 11.2 be amended as follows: Policy 11.2: When new residential development is adjacent to existing commercial agricultural uses, a 200 -foot minimum width setback shall be provided to minimize compatibility conflicts. No setback is required from ornamental, fruit - bearing, tree groves within a Residential Planned Development (RPD) project when such groves are provided to emulate the character of surrounding commercial agriculture, based on a City- approved Landscape Plan. This modification to the policy would allow for ornamental groves in projects, like the Moorpark Country Club Estates, when they are part of an approved Landscape Plan. It would also continue to further the goal of preservation of existing commercial agriculture. A proposed Resolution (Attachment No. 1) is provided for Planning Commission consideration, to recommend to the City Council approval of these amendments to the General Plan Land Use Element and Map and Zoning Map. A map showing the changes to the General Plan and Zoning boundaries is included with the Resolution as Exhibit A. If the General Plan Amendment is approved by the City Council, it would be the third of a maximum of four permissible amendments to S: \Community Development \G P A \2002 \03 \Staff Reports \PC 020826 GPA 2002 -03 ZC 2002 -03 Rpt(1).doc F Planning Commission Agenda Report GPA 2002 -03, ZC 2002 -03 (Toll Bros.) August 26, 2002 Page No. 5 the Land Use Element this year under State law. The recent General Plan Amendment for the Vintage Crest Senior Apartments is not included in this count; it is exempt as an affordable housing project. Public Notification The public hearing before the Planning Commission was noticed by publication in the Moorpark Star on Friday, August 9, 2002, in accordance with Sections 65854 and 65091 of the Government Code, and notices were sent to property owners within a 1,000 -foot radius of the project site. Environmental Documentation An Environmental Impact Report (EIR) and four (4) Addenda were previously prepared for the approved Toll Brothers subdivision. This existing documentation fully addresses the component of the General Plan Amendment and Zone Change related to adjusting the Land Use Element Map and Zoning Map to match the approved lot lines. Amended language on the 200 -foot setback between residential and agricultural uses is merely clarifying existing policy and could not result in a physical change in the environment and therefore, does not require any further environmental documentation. The inclusion of the Husted property for the water tank site has not previously been analyzed. The California Environmental Quality Act allows an Addendum to an EIR to be prepared, when the modifications to a project would not require major revisions to the EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects. The decision to prepare an Addendum must be supported by substantial evidence. In this case, grading would be extended less than two (2) acres into an area of disturbed grassland. The tank would only be visible from within the Country Club Estates and Husted properties. No significant impacts from this modification are expected. The application and its exhibits, along with this staff report, provide sufficient and substantial evidence to constitute a fifth Addendum to the Moorpark Country Club Estates EIR. The City Council will consider adoption of the Addendum as the environmental record for the project. S: \Community Development \G P A \2002 \03 \Staff Reports \PC 020826 GPA 2002 -03 ZC 2002 -03 Rpt(1).doc 4': h M ;e "� r- fir' Planning Commission Agenda Report GPA 2002 -03, ZC 2002 -03 (Toll Bros.) August 26, 2002 Page No. 6 STAFF RECOPMNDATION 1. Open the public hearing, take public testimony, and close the public hearing; and 2. Adopt Resolution No. PC -2002- recommending to the City Council approval of the proposed amendments to the General Plan Land Use Element, Land Use Map and Zoning Map. Attachments: 1. anning Commission Resolution PC -2002- recommen to the City Coun al of General P ments and Zone Changes, as reco�neral ded ding map showing proposed chan Plan Land Use Map and o ies. 2. Photograph of proposed tank location. 3. n No. 2002- regardin resi a Element. S: \Community Development \G P A \2002 \03 \Staff Reports \PC 020826 GPA 2002 -03 ZC 2002 -03 Rpt(1).doc Planning Commission Agenda Report GPA 2002 -03, ZC 2002 -03 (Toll Bros Approximate Location of Proposed Tank on Husted Property PC ATTACHMENT 2 RESOLUTION NO. PC- 2002 -429 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2002 -03 AND ZONE CHANGE NO. 2002 -03 TO ALIGN LAND -USE DESIGNATIONS AND ZONES WITH LOT LINES IN VESTING TENTATIVE TRACT MAP NO. 4928, ALLOW FOR A LOT LINE ADJUSTMENT FOR THE DEVELOPMENT OF A WATER TANK SITE, AND CLARIFY POLICY RELATED TO RESIDENTIAL SETBACKS FROM AGRICULTURAL USES WHEREAS, on April 17, 1996, Resolution No. 96 -1197 was adopted by the City Council, approving General Plan Amendment No. 94 -1 to amend the Land Use Map for the Moorpark Country Club Estates project; and WHEREAS, on May 1, 1996, Ordinance No. 215 was adopted by the City Council, approving Zone Change No. 94 -1 to establish zoning classifications for the Moorpark Country Club Estates project; and WHEREAS, on February 2, 2000, Resolution No. 2000 -1694 was adopted by the City Council, approving Minor Modification No. 1 to Vesting Tentative Tract Map No. 4928, Residential Planned Development No. 94 -1, and Conditional Use Permit No. 94 -1 in order to allow changes to the lot and street layout and amenities associated with the Moorpark Country Club Estates project; and WHEREAS, Toll Brothers, Incorporated, has requested a General Plan Amendment and Zone Change to align the General Plan Land Use Map and Zoning Map boundaries with the approved Moorpark Country Club Estates subdivision and to allow for a reclaimed water tank on an adjacent piece of property; and WHEREAS, on August 21, 2002, the City Council directed the Planning Commission to study, set a public hearing, and provide a recommendation pertaining to amendments to the General Plan Land Use Element on setbacks between residential and agricultural uses; and WHEREAS, at a duly noticed Public Hearing on August 26, 2002, the Planning Commission considered a Resolution recommending to the City Council approval of amendments to the General Plan Land Use Element, Land Use Map and Zoning Map; and CC ATTACHMENT 4 C4 lr . r- G C 'r RESOLUTION NO. PC- 2002 -429 GPA 2002 -03, ZC 2002 -03 (Toll Bros.) Page 2 WHEREAS, at its meeting of August 26, 2002, the Planning Commission conducted a public hearing, and after receiving oral and written public testimony, the Planning Commission closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. exhibits, and Addendum to the read, reviewed, ENVIRONMENTAL DOCUMENTATION: The application, staff report, constituting a proposed fifth Moorpark Country Club Estates EIR, have been and considered by the Planning Commission. SECTION 2. GENERAL PLAN LAND USE MAP AND ZONING MAP: The Planning Commission recommends to the City Council approval of amendments to the General Plan Land Use Map and Zoning Map as proposed in Exhibit "A ". SECTION 3. GENERAL PLAN LAND USE ELEMENT: The Planning Commission recommends to the City Council amendment of Policy 11.2 of the General Plan Land Use Element to read as follows: Policy 11.2: When new residential development is adjacent to existing commercial agricultural uses, a 200 -foot minimum width setback shall be provided to minimize compatibility conflicts. No setback is required from ornamental, fruit - bearing tree groves within a Residential Planned Development (RPD) project when such groves are provided to emulate the character of commercial agriculture, based on a City- approved Landscape Plan. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. L� ' 1_4 RESOLUTION NO. PC- 2002 -429 GPA 2002 -03, ZC 2002 -03 (Toll Bros.) Page 3 The action of the foregoing direction was approved by the following vote: AYES: Commissioners DiCecco, Haller and Parvin, Vice Chair Landis NOES: ABSTAIN: ABSENT: Chair Otto PASSED AND ADOPTED THIS 26TH DAY OF AUGUST, 2002. William F. Otto, Ch it ATTEST: rr�K. / Y nity De elopment Director Attachment: Exhibit A k 5 N W H MOORPARK COUNTRY CLUB ESTATES z CITY OF MOORPARK Zoning /General Plan Land Use Designation Existing Zoning Map Acreage With V1TM 4928 Minor Mod 1 Acreage With Proposed LLA Acreage Difference (in Acres) RPD -1.46u (Residential Planned Development) /ML (Medium Low Density Residential) 150.7 146.2 146.2 —4.5 OS (Open Space) / OS -2 (Open Space 2) 496.8 502.8 * 500.7 +3.9 1 (Institutional) / PUB (Public Institutional) 4.3 2.8 «« 4.9 +0.6 RE -5 Ac. (Husted Property) 38.9 38.9 38.9 0 Total 690.7 690.7 690.7 0 * THE 1.58AC INSTITUTIONAL AREA AND THE RE -5AC AREAS WITHIN THE BOUNDARY OF VTTM 4928 ASSOCIATED WITH THE PROPOSED WATER TANK WOULD BE OPEN SPACE WITHOUT THE LLA. «« THE 1.22AC WATER TANK SITE ADJACENT TO THE GOLF COURSE CLUBHOUSE WOULD REMAIN LEGEND INSTITUTIONAL WITHOUT THE LLA. AREAS PROPOSED TO BE CHANGED FROM OPEN SPACE TO RESIDENTIAL AREAS PROPOSED TO BE CHANGED FROM INSTITUTIONAL TO OPEN SPA AREAS PROPOSED TO BE CHANGED FROM RESIDENTIAL TO OPEN SPACE AREAS PROPOSED TO BE CHANGED FROM RE -5 TO OPEN SPACE AREAS PROPOSED TO BE CHANGED FROM OPEN SPACE TO INSTITUTIONAL ooaoo AREAS PROPOSED TO BE CHANGED FROM RE -5 TO INSTITUTIONAL C'� 0 Vi ll- To- L4 • 4 IN, N, m '07161OLOC 16010 M OS-500/OS-2. I/PLjB 1.22ac ON A 19 MAO 0.79ac 0 .011fol RE-5ac Y. I ZONING PER ZC 99-01 kND USE DESIGNATIONS P�R G.P.A 99-01