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HomeMy WebLinkAboutAGENDA REPORT 2018 0919 CCSA REG ITEM 08A CORRESPONDENCE ,Jackson Tidus A LAWCORPORATION • September 13, 2018 Darect Dias: 805.418.1914 Ernail: msellers@jacksontidus.law Reply to: Foie No: 9686.126296 VIA PERSONAL HAND DELIVERY City Council Care of The City Clerk for City of Moorpark City Hall 799 Moorpark Ave. Moorpark, CA 93021 Re: September 19, 2018 City Council Meeting; Tentative Parcel Map No. 2018- 01; Applicant's Request Condition 1 Be Deleted and Condition 4 Be Modified. Dear Honorable City Council: We represent the land owner and the Applicant, Robert in't Hout, who has filed for Tentative Parcel Map No. 2018-01 that is before you at your September 19, 2018 City Council Meeting. We oppose two conditions that staff has proposed for this parcel map approval and request that Condition 1 be deleted and Condition 4 be modified. A. Condition No. i - Remainder Parcel Needed The parcel map contains 4 new parcels and a "remainder" area. Frequently, a large area with the most engineering and development challenges is designated a "remainder" or "not a part of' the map, which portion of the land is not created or divided for the purpose of "sale, lease, or financing" at that time. The designated remainder on Parcel Map No. 2018-01 is the largest of the parcels created along Wicks Road (at 20,444 sq. ft.), and that portion of the property has the most challenges for designing, engineering and solving drainage, for the installation of street improvements on Wicks Road and for grading of that area. This map's designated remainder area is not left for the purpose of the Applicant's sale, leasing, or financing at this time, but was created simply to allow more time for the Applicant to explore and resolve drainage complications (i.e., storm water flows from the street and then eventually offsite to the south of the property and work may needed to be done at the inlet of drain off-site), to defer street improvements until installation can be sensibly made, and to have grading issues resolved. There is an existing house on the western most parcel and the development of the 3 new parcels, also to the west of the remainder, could move forward while that drainage and grading issues are worked on by the City, the Applicant and the impacted property owners. The Applicant, who is very experienced in development, grading Irvine Office Westlake Village Office 2030 Main Street,12th Floor 2815 Townsgate Road,Suite 200 www.jacksontidus.law Irvine,California 92614 Westlake Village,California 91361 t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087 t.ion, ACVA , L , ' \ C rtf t cl PUY C.` C> Ac ,�� City Council September 13,2018 Page 2 and civil engineering', has a preliminary design for this area, but needs to discuss and possibly have an agreement with his neighbors on such work. Staff had mentioned a concern that the remainder might never be developed and could be foreclosed on due to the non-payment of taxes. However, with very high Moorpark housing prices for view properties like all of these 5 sites there are certainly many financial reasons and a genuine motivation for Applicant to find ways to resolve these drainage and grading issues as soon as possible. The Applicant, as an experienced contractor, is well aware of the costs to install the drainage facilities and grade the remainder and such costs are justified for a view lot. The Applicant has too much invested in this property to allow it to be foreclosed on for non-payment of taxes. This remainder makes sense in this unique situation and is needed. California Government Code §66424.6 (Map Act) clearly says "when a subdivision, as defined in Section 66424, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing." The power to decide if a parcel map will have a remainder is held solely by land owner subdivider. The City has cited no supportable reason or authority for imposing condition i deleting the identified remainder. We agree that the City can impose a condition on this parcel map that the designated remainder may only be subsequently sold, leased or transferred if the City issues a Conditional Certificate of Compliance for that area. The City will then be informed of final grading plan, house location and timing on the installation of the Wick Road street and sidewalk improvements along the frontage of that area and for the off-site portion of that work to the east. A deed restriction to that affect can be recorded against the remainder The staff report also states without any supportive evidence or explanation that the Map Act findings cannot be made if the remainder stays. We disagree. This map does not meet any of the situations or requirements of Government Code §66474 for disapproval: • This project is consistent with the Moorpark general plan; • The site is physically suitable for this small type of 5 unit SFD residential development that is like those in the immediate neighborhood, and the remainder can be graded and made level and compatible with the adjoining parcels; • There is no evidence that the density is an issue as the zoning has a 6,000 sq. ft. minimum lot size and each of these parcels exceed that size; ` A licensed general contractor in California for 24 years. City Council September 13,2018 Page 3 • There is no evidence as to inadequate water, sewage or other public facilities to serve the site; • The design of this small subdivision or the proposed improvements along an existing City street are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and • The design and layout of the 4 parcels and type of residential improvements thereon is not likely to cause any serious public health problems. This project is similar to other residential properties in the area and no serious public health problem has been identified that is caused by these 4 parcels or houses or this parcel map. Wicks Road has been its present condition for many years, and the residents in these 4 houses do not need to use Wicks Road going to or coming from the east. Wicks Road dead ends a short distance to the east. The required findings must be supported by substantial evidence in the record before the hearing body. The record lacks any substantial evidence that the parcel map's layout or design, for the 4 parcels it creates, causes any public health problem. There is no difficulty in making the normal Map Act approval findings. The proposed condition number i requiring the removal of the land owner's designated remainder should be deleted. B. Condition No. 4 Should Be Modified to Deleted Installation For Frontage Along the Remainder and Off-Site, or Have A Condition That the Applicant Install Remainder and Off- Site Street Improvements at a Logical Time. If an owner is not allowed to sell, grade and build on a parcel, there may not be the necessary funds generated for installing the public facilities associated with that parcel. Therefore, under the Map Act normally the fulfillment of construction of the street and sidewalk improvements is not required for area along a designated remainder (which is not now divided for the purpose of sale, lease, or financing) until a City grants a permit or other City approval for development of the remainder (like issuing a conditional certificate of compliance). Government Code §664ii.i(b). Presently, there is no home pad designed and located and no grading plan prepared for the remainder to have such coordinated with the installation of the street improvements. Condition 4 for installing street and sidewalk improvements off-site on the property to the east of the applicant's property was never brought up in the pre-hearing process and the Applicant was surprised to see this condition when he received the Planning Commission agenda report just two business days before the Planning Commission hearing. Basically, the remainder is now a large hole or ravine that also includes part of the adjacent lot to the east. It will be very difficult and costly to design and install any street and sidewalk improvements City Council September 13,2018 Page 4 until a development plan has been created and approved for the remainder area, along with a grading agreement reached with the neighbor to the east who is burdened with this same ravine. If the drainage improvements could be installed first, the improvement of Wicks Road could be done in a way that would fit both the remainder and neighborhood better. As conditioned, Wicks Road would be improved but the drainage issue would not be solved, and that timing defeats the coordination of that solution with the design Wicks Road improvements and that could be more costly for the City or benefiting properties. Access on Wicks Road to and from the Applicant's 4 legal and transferable parcels would be from the west, and not from the east. There is little development to the east being only one vacant lot and five lots with houses. Other than the City Ventures Tract, there are no pending plans to develop anymore properties east of the Applicant's project on Wicks. As mentioned above, Wicks Road dead ends a short distance to the east. Installing such off-site improvements to the east is not needed for the present and 3 future new residents in this project. Orderly development means requiring street improvements along and for a logical series of newly created adjoining usable lots. There should be a reasonable relationship to the impacts of this 4 parcel project to any City imposed condition, like the installation of street and sidewalk improvements along the remainder and off-site to the east. We do not see any reasonable degree of connection to the impacts of this proposed small development of 4 parcels with 3 new homes and any mitigating need to install the street and sidewalk improvements along the vacant remainder and off-site to the east, street portions that do not benefit or serve this project. For some unknown reason, the off-site portion where the Applicant is asked to install street improvements was developed in the early 1990's, yet street improvements were done for only about half of that adjacent parcel's frontage. Also, since Wicks Road is to provide access to the City Ventures' no lot development approved the north of Applicant' project, that development was conditioned to improve this same section of Wicks Road we are concerned about. With the housing market being very active and little new housing being approved in Ventura County, we expect that City Ventures' project to move ahead soon. Shifting the cost burden for installing these remainder and off-site street and sidewalk improvements onto this very small project, with no reimbursement from the benefiting adjoining lot owner who escaped that obligation, is not fair. Condition 4 should be modified to require installing street and sidewalk improvements on along only the frontage of the 4 western parcels created by this map. As an option, we suggest a condition deferring Applicant's construction of these street/sidewalk improvements. The Applicant will commit to installing the Wick Road improvements within 5 years if those improvements have not been installed by City Ventures' development, or when the drainage design has been finalized over and to the south of the City Council September 13,2018 Page 5 remainder and a grading plan has been approved by the City for the remainder, or within 12 months of when the City grants a Conditional Certificate of Compliance for the remainder. Very truly yours, I4.4A--V. Of.a.4./..--__ M rk G. Sellers Robert in't Hout 1419444.2