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Home My WebLink AboutAGENDA REPORT 2003 0319 CC REG ITEM 09DITEM Q. I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: March 7, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Remaining Outstanding Issues - Toll Brothers (Moorpark Country Club Estates) BACKGROUND At the August 21, 2002 City Council meeting, an Ad -Hoc Committee of Mayor Hunter and Councilmember Millhouse, was appointed to work with staff and the applicant to resolve the outstanding issues. DISCUSSION After an initial meeting, the Committee directed staff and the applicant to come up with a mutually agreeable resolution based upon the discussions to date. Staff and the applicant have met on several occasions, resulting in a Second Amendment to the Settlement Agreement for Council consideration on this same Council agenda. Upon City Council approval of the Second Amendment to the Settlement Agreement, the Conditions of Approval of the entire project must be made consistent with any such Agreement, through Modification to the entitlement permit(s). At the time of approval of the Vesting Tentative Map and the Residential Planned Development Permit for Toll Brothers, there were expectations that certain improvements would be completed prior to occupancy of the first homes in the development. As Council is aware, this is not the case. Each of the ten (10) conditions which involve improvements and time specific completion of those improvements will need to be amended through a Modification. S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc 000:144 Honorable City Council March 19, 2003 Page 2 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. • 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 no issues for City Council consideration. What remains to be accomplished, if the Council has adopted the Second Amendment to the Settlement Agreement, is to direct staff to process a Modification to the RPD and Tentative Map to make the Conditions of Approval consistent with the details of the second amendment to the Settlement Agreement. STAFF RECON4ENDATION Direct the applicant to RPD 1994 -01, and CUP Development Director to consent item, in order t consistency with the Agreement. file the Modifications to Tract 4928, 1994 -01 and authorize the Community bring them back to the Council as a o bring the Conditions of Approval into Second Amendment to the Settlement Attachment: Current Conditions of Approval Tied to Occupancy S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc 000:145 Honorable City Council March 19, 2003 Page 3 ATTACHMENT 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 \DEV PMTS \R P D \1999 -01 Toll \CC030319 Agenda Report - Toll changes.doc Honorable City Council March 19, 2003 Page 4 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 tc agricultural properties, in locations where such fencing S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc Honorable City Council March 19, 2003 Page 5 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. MM1 #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 \DEV PMTS \R P D \1999 -01 Toll \CC030319 Agenda Report - Toll changes.doc 000:148 Honorable City Council March 19, 2003 Page 6 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 (301) 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 Community Development Director and the Community Services Director. 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 \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc 0010:.49