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HomeMy WebLinkAboutRES CC 1988 495 1988 0727s RESOLUTION NO. 88- 495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NUMBERS 87 -428, 87 -429 AND 87 -430 FOR THE PURPOSE OF CLARIFYING AND MAKING TECHNICAL CORRECTIONS TO CERTAIN CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NUMBERS 4340, 4341, AND 4342 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NUMBERS RPD -1070, 1071 AND 1072, URBAN WEST COMMUNITIES (UWC). WHEREAS, on November 9, 1987, the City Council of the City of Moorpark adopted the following resolutions: RESOLUTION NO. 87 -428 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESS THE SUBJECT PROJECT, AND APPROVING VESTING TENTATIVE TRACT NO. 330 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1070 ON P ICATION OF URBAN WEST COMMUNITIES. SO q51�4 0 RESOLUTION NO. 87 -429 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESSES THE SUBJECT PROJECT, AND APPROVES VESTING TENTATIVE TRACT NO. 4341, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1071 ON APPLICATION OF URBAN WEST COMMUNITIES. RESOLUTION NO. 87 -430 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESSES THE SUBJECT PROJECT, AND APPROVES VESTING TENTATIVE TRACT NO. 4342, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1072 ON APPLICATION OF URBAN WEST COMMUNITIES.: and WHEREAS, at a regularly scheduled meeting on July 13, 1988 the City Council of said City considered and approved a Settlement Agreement with UWC; and WHEREAS, the aforementioned Settlement Agreement included clarifications and technical corrections to various conditions of Resolution Nos. 87 -428, 87 -429, and 87 -430; and WHEREAS, the City Council has determined that the clarifications and technical corrections of the referenced Resolutions shall be made by appropriately modifying said Resolutions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the clarifications and technical corrections to various conditions of Resolution Nos. 87 -428, 87 -429 and 87 -430 described in the attached Exhibit 1 are hereby approved. SECTION 2. That in all other respects, Resolution Nos. 87 -428, 87 -429 and 87 -430 shall remain in full force and effect. SECTION 3. That this Resolution take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED AND ADOPTED this 27th day of ATTEST: Maureen W. Wal City Clerk July 1988. V " (go n Patrick Lane Mayor I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury, that the foregoing Resolution No. 88- 495 was adopted by the City Council of the City of Moorpark at their meeting thereof held on the 27th day of July 1988, and that the same was adopted by the following vote: AYES: Councilmembers Brown, Harper, Perez and Mayor Lane. NOES: Councilmember Galloway. ABSENT: None. ABSTAIN: None. Witness my hand and the official seal of said City this 15th day of August , 1988. Executed in the City of Moorpark, California, County of Ventura. EXHIBIT I West Village Conditions Clarifications and Technical Corrections 1. Tract 4341 condition No. 17 - Peach Hill Watercourse "That prior to approval of the Final Map the Peach Hill Watercourse shall be designed as a condition of approval of this Vesting Tentative Tract Map. The design shall be subject to the review and recommendation of the Parks and Recreation Commission with final approval by the City Council. Prior to the 100th occupancy in the West Village or 12 months from the first zone clearance in the West Village or prior to the first day of classes at the West Village Elementary School, whichever comes first, the installation of the beach Hill watercourse shall be completed per the approved design. Prior to completion, developer shall be required to assure adequate and safe drainage flow through the area to the satisfaction of the City Engineer. A combined bicycle and pedestrian trail at least ib feet wide shall be installed which accommodates pedestrian and bicycle users. The Homeowners Association shall own,and maintain the water course until a public maintenance mechanism is in place." 2. RFD 1070 condition No. 36.a, RPD 1071 condition No. 35.a, and RPD 1072 condition No. 36.a - Community Park Road "Developer shall commence construction of the access road and stub -in utilities to the Community Park within 30 days of receipt of the City's written request and receipt of City signed final improvement plans. The plans shall be for a road of standard street construction, as specified by the City Engineer, extending from the faculty entrance of the high school to the west property line of the park along an alignment approved by the City Council. The road shall be 40' wide curb to curb with an 8' sidewalk on one side. Developer is responsible for 100% of the cost of improvements including but not limited to design and construction. Construction is to be diligently pursued according to a schedule approved by the City Engineer. Such schedule is to be modified in the event of weather delays, inspection delays, or acts of God. Plan check and inspection fees to be charged at 75% of standard fee. City agrees to diligently process and check plans and perform inspections for such work." 3. Tract 4340 condition No. 38, Tract 4341 condition No. 39, and Tract 4342 condition No. 37 - Tierra Rejada Road Widening "That prior to approval of Final Map, the developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Also, prior to Final Map approval the Planning Commission shall approve final alignment of streets. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: (See Resolutions 87 -428, 429 and 430 for specific Plates applicable to the three specific tracts) Tierra Rejada Road (Spring Road to Moorpark Road) One month (30 days) prior to approval of the Final Map, the developer shall: A. Complete for approval by the City Council, a study for the widening of Tierra Rejada Road between Spring Road and Moorpark Road from two to four travel lanes. This study shall include alignment, right -of -way, environtnenlal and other considerations as determined necessary by the City Council after recommendation by the City Engineer; and B. Preliminary design of the improvements determined necessary by the City Council to provide for four travel lanes as referenced above, excluding the construction of the median. Developer shall commence construction of the referenced improvements within 30 days of receipt of City - signed final improvement plans and City acquisition of the necessary right -of -way. Acquisition of the right -of -way necessary for this improvement shall be the responsibility of the City. Construction is to be diligently pursued according to a schedule approved by the City Engineer. Such schedule is to be modified in the event of weather delays, inspection delays, or acts of God. The existing roadway shall be widened /reconstructed per Plate B -213, for a distance approved by the City Engineer, to provide sufficient pavement width to facilitate efficient intersection operation. It is intended that two travel lanes in each direction be provided as well as a westbound right turn lane. The westbound right turn lane is to be provided only to the extent such is not provided by condition 64.a of Tract 4340 and as determined necessary by the City Engineer. In the event that the traffic signal is installed at this intersection prior to completion of this work, the developer may be required to perform any necessary signal modifications /relocations. Although curb, gutter, and raised median will not be required, provisions must be made for future drainage and street light facillities. The design must provide for future widening to conform to either Plate B -2A or 8 -28. City will, in accordance with the State Subdivision Map Act or other applicable laws, arrange for reimbursement of Developer's construction costs north of the ultimate center line of Tierra Rejada Road from the owners of the real property lying north of, and immediately adjacent to, the road widening improvements. Developer's construction costs shall be determined by the City Engineer and shall be limited to the actual construction costs together with the costs of engineering design, plan check, and inspection. In addition, administration costs by Developer, in an amount not to exceed 15% of actual construction costs, and simple interest at the rate of 8% per year, commencing upon acceptance of the road improvements by the City shall be included in Developer's construction costs. City agrees to diligently process and check plans and perform inspections for such work. For those improvement costs south of the ultimate center line of Tierra Rejada Road and /or outside of the City limits, the City will either utilize the applicable provisions of the State Map Act and /or incorporate said costs into the Moorpark Road /Tierra Rejada Road Area of Contribution, any successor or complementary /supplementary method comparable to the existing Area of Contribution mechanism. The developer shall receive reimbursement from available A.O.C. funds when funds are determined to be available by the City Council. This reimbursement shall not occur until other reimbursement obligations predating these reimbursements are met. In addition, in the event other traffic signals or other improvements funded by the A.O.C. are warranted as determined by the City Engineer then the developer's reimbursement shall be postponed until funds later become available." 4. Tract 4340 condition No. 73, Tract 4341 condition No. 79, and Tract 4342 condition No. 75 - Peach Hill Watercourse and West Meadows Park - Channel Maintenance "Regarding the retention basin park and upstream channel, the Homeowner's Association and City as successor will maintain typical park improvements and drain improvements as agreed to by the City. The Ventura County Flood Control District will provide clean -up services for storm flow related damage and debris removal within an agreed response time as well as maintenance of typical drain and channel improvements. The developer or the Homeowner's Association shall provide for a minimum of one (1) year of maintenance after acceptance of the improvements by the City and Flood Control District for the City portion of said maintenance." 5. Tract 4340 condition No. 64.a., Tract 4341 condition No. 67.a., and Tract 4342 condition No. 64.a. - Spring Road Intersection Improvements. "Prior to approval of the Final Map, the developer shall post sufficient surety with the City in an amount determined by the City Engineer for construction of the traffic signal and related intersection improvements at Spring Road and Tierra Rejada Road. In the event that another developer has a surety in place with the City for this purpose, this requirement is suspended so long as the other surety is in place. The existing roadway shall be widened /reconstructed per Plate B -2B, for a distance approved by the City Engineer, to provide sufficient pavement width to facilitate efficient intersection operation. It is intended that two travel lanes in each direction be provided as well as a westbound right turn lane. In the event that the traffic signal is installed at this intersection prior to completion of this work, the developer may be required to perform any necessary signal modifications /relocations. Although curb, gutter, and raised median will not be required, provisions must be made for future drainage and street light facilities. The design must provide for future widening to conform to either Plate B -2A or B -2B. The developer shall commence construction of all improvements necessaary for the signalization of the intersection of Spring Road and Tierra Rejada Road, including all necessary street improvements, within 30 days of receipt of City- signed final improvement plans and City acquisition of the necessary right -of -way. Construction is to be diligently pursued according to a schedule approved by the City Engineer. Such schedule is to be modified in the event of weather delays, inspection delays or acts of God. All signal costs will be deemed as a credit to the required payments for the Moorpark Road /Tierra Rejada Road A.O.C. and shall not be deemed to be part of the Developer's construction costs. Developer's construction costs south of the ultimate center line of Tierra Rejada Road will be reimbursed through the Moorpark Road /Tierra Rejada Road Area of Contribution. City will, in accordance with the State Subdivision Map Act or other applicable laws, arrange for reimbursement of Developer's construction costs north of the ultimate center line of Tierra Rejada Road from the owners of the real property lying north of, and immediately adjacent to, the intersection improve- ments. Developer's construction costs shall be determined by the City Engineer and shall be limited to the actual construction costs together with the costs of engineering design, plan check, and inspection. In addition, administration costs by Developer, in an amount not to exceed 15% of actual construction costs, and simple interest at the rate of 8% per year, commencing upon acceptance of the intersection improvements by City shall be included in Developer's construction costs. City agrees to diligently process and check plans and perform inspections for such work. 6. Tract 4341 condition No. 77 - West Meadows Park "Developer shall submit the park /retention basin improvement plans thirty (30) days prior to any request for Lone clearance. Parcel A, the park /retention basin, shall be improved per plans reviewed by the Parks and Recreation Commission and approved by the City Council. Said approval shall be obtained prior to zone clearance for the first unit within West Village. If the City does not approve the plan within 30 days, it shall not cause the development to be in noncompliance with this condition. The park /retention basin shall be owned and maintained by the Homeowner's Association of Tracts 4340, 4341 and 4342 until such time as the City develops a "public maintenance mechanism ". The developer shall make an irrevocable offer of future dedication of parcel A. Said offer may be accepted by the City at such time as the public maintenance mechanism is developed and implemented. The developer and /or HOA shall be required to provide a minimum of one year maintenance for the park prior to acceptance by the City and implementation of the public funding mechanism." 7. RPD 1070 condition No. 24, RPD 1070 condition No. 38, RPD 1071 condition No. 23, RFD 1071 condition No. 37, and RPD 1072 condition No. 24 - Multifamily Projects "No later than the issuance of the combined 50th occupancy permit within Tracts 4340, 4341, and 4342, the developer, any subsequent owner of a multi - family parcel within PC -3 or a combination of the developer and one or more subsequent owners, as applicant, shall apply for appropriate subdivision and land use development entitlements for a total of at least 200 units of multi-family units within PC -3. After the occupancy of the 250th single family unit in Tracts 4340, 4341, and 4342, additional occupancy clearances for single- family units within Tracts 4340, 4341, and 4342 shall not be issued in greater number than the occupancy clearances for the multi - family units on lot 286 of Final Tract 4142 and parcel S of Vesting Tentative Tract 4342, whether or not said lot and parcel remain under the ownership of the Developer." $. "RPD 10701, RPD 1071 and 1072 condition No. 6 - PD Permit Life "That unless substantial dwelling unit construction has occurred within the overall tract not later than 36 months after the date the permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional 12 -month eetention for issuance of a zoning clearance provided: a. the application for extension is made prior to the expiration of the 36 month period, and b. there have been no changes in the approved plans, and C. there has been no change of cirtcumstances which will prevent the preservation of the integrity , character, utility or value of the property in the zone and the general area in which the use is proposed to be located or will be detrimental to the public health, safety or welfare, and d. said application is consistent with the implementation process of Measure F, and e. once at least 40% of the units have received cornpliance review approval from all city departments and agencies; and are ready for immediate occupancy with utility meter installation approved, this 12PD shall be valid for an additional 36 months from original expiration date." 9. Tract 4341 condition No. 17.A. - Western Buffer Area "That prior to approval of the Final Map, the developer shall submit a plan for review and approval by the City Engineer and Director of Community Development which offers for dedication that area shown as lots 62 through 70 on the on final approved Vesting Tentative Map to be used for open space and related uses (the buffer). During this time, the City will work with the County to attempt to establish a Joint Powers Authority (JPA), for the purpose of developing and maintaining an open space buffer between Vesting Tentative Tract 4341, 4340 and 4342 and Home Acres to the west. The IPA shall strive to share the cost of developing and maintaining the open space buffer equally between the unincorporated community of Home Acres and future residents of Vesting Tentative Tract 4341, 4340 and 4342 through such means as assessment districts or other feasible means. The developer shall provide stub -in utilities to the property line of the open space area and rough grade to the approximate grade shown on the tentative map. If no Joint Powers Authority or similar mechanism is formed by January 31, 1989, or by January 31, 1990 if a one year extension is granted by the City, the developer may develop lots 62 through 65 and 68 through 70 inclusive. Lots 66 and 67 shall become an open space buffer, as indicated on the exhibit prescribed by the developer at the continued public hearing on November 5, 1987 on said Tract. If only lots 66 and 67 become the buffer, the appropriate Homeowners Association shall become the owner of such lots. If lots 62 through 70 inclusive become the buffer, the City shall become the owner of such lots. Even if Developer builds on any or all of lots 62 through 65 and 68 through 70 inclusive, the total number of dwelling units for PC- 3 sha11 remain at 2500. If the entire buffer as identified in paragraph one of this condition is implemented, the developer shall have the right to replace seven of the lots reviewed by this condition elsewhere in Vesting Tentative Tract 4341. Such replacement lots may encroach onto slope areas greater than 2096. That the developer shall stub all utilities underground to Lot 70 of Tentative Tract 4341. The open space buffer area contemplated by paragraph one of this condition shall be rough graded by the developer to the contours shown on Vesting Tentative Tract 4341. The open space buffer shall provide emergency vehicle access to Dalaway Drive and access to Home acres Drain per t+­- requirements of the Ventura County Flood Control District and Fire Department. That the total number of residential lots within this subdivision shall not exceed 158 pursuant to the above language in the event no Joint Powers Authority or similar mechanism is formed." 9a. "Tract 4341 condition No. U.B. (was part of Tract 4341 condition No. 17.A.) - Asbestos That no asbestos pipe or construction materials shall be used for this project entitlement without prior approval of the City Council." 10. Tracts 4340 and 4342 condition No. 8 -Final Map Approval "The final map shall be recorded in phases as indicated on a Vesting Tentative Tract Map. All conditions which specify performance prior to Final Map approval can also be satisfied by performance prior to Final Map approval of each phase." 11. Tract 4340 condition No. 34, Tract 4341 condition No. 35, and Tract 4342 condition No. 33 - Jute on Irrigation Lines "On all common open space slopes along arterial and collector streets which are landscaped, irrigation lines shall be covered with jute so that they do not remain visible during initial growth of ground cover." 12. Tract 4340 condition No. 65, Tract 4341 condition No. 681, and Tract 4342 Condition No. 65 - Gabbert Road Intersection Surety "Prior to approval of Final Map, the Developer shall provide the City a sufficient surety in an amount acceptable to the City for improvements to the intersection of Los Angeles Avenue - Gabbert Road /Tierra Rejada Road. The Developer shall design and construct the improvements when deemed necessary by the City Engineer. [f the improvements are not deemed necessary within two years following final occupancy of all phases of Planned Community No. 3 this condition will be void and the surety will be returned. To assist the City Engineer in determining the need for intersection improvements at Los Angeles Avenue - Gabbert Road /Tierra Rejada Road, the Developer shall conduct morning and afternoon peak hour manual turning counts prior to the issuance of zone clearance for the 1st, 150th, 300th and 499th units in the West Village (Tract Nos. 4340, 4341 and 4342), but no counts will be required prior to opening of the Tierra Rejada Road bridge. The intersection improvements contemplated may include but not be limited to the installation of northbound and southbound left turn phasing and the construction of northbound dual left turn lanes." 13. RPO 1070 condition No. 40, RPD 1071 and 1072 condition No. 39 - Address Numbers "Address numbers shall be a minimum of 6 inches in height, unless otherwise approved by the Fire Department, and illuminated during the hours of darkness." 14. Tract 4340 condition No. 35 and Tract 4342 condition No. 34 - Parcel F "The developer's engineer shall prepare hydrology calculations, for review and approval by the County Flood Control District, indicating new drainage flows expected to leave Parcel F in Tract 4341, upon complete development of Mountain Meadows. If such calculations indicate potential drainage or flooding problems off site, the developer shall propose mitigation measures for review by the City Engineer and Flood Control District and shall install any such improvements as may be required." 15. Tract 4340 condition No. 64, Tract 4341 condition No. 67, and Tract 4342 condition No. 64 - Traf tic Signals "Prior to approval of the final map, the developer shall post sufficient surety with the City in an amount determined by the City Engineer for construction of the traffic signals at the intersections listed below. The amount is currently estimated at $720,000 pursuant to the Moorpark Road /Tierra Rejada Road Area of Contribution (A.O.C.) Report. The developer shall be responsible for the commencement and completion of construction of the traffic signals at the intersection of Tierra Rejada Road with each of the streets and according to the timing listed below. The developer shall not be required to pay the applicable A.O.C. fees as long as actual construction costs to date for the referenced traffic signals exceed the then required A.Q.C. fee payment. As the signals are installed and /or the developer makes A.O.C. payments, the amount of the surety shall be reduced by the City in the corresponding amount. The surety does not take place of the A.O.C. payment. a. Walnut Creek Road, Mountain Meadows Drive, Peach 1-1111 Road intersections with Tierra Rejada Road - Developer shall complete installation of these signals no later than fourteen 04) weeks after receipt of City- signed final improvement plans. Developer shall order traffic signal equipment at time of receipt of City specifications. b. Mountain Trail Street - At the occupancy of the 160th dwelling unit in the West Village or issuance of the first zone clearance in the Community Focus area of PC -3. C. "Q" Street /High School Main Entrance - At occupancy of the 200th dwelling unit in the West Village, issuance of the 300th zone clearance in the West Village, or when warrants are satisfied as determined by the City Engineer, whichever occurs first. d. "A" Street /High School Faculty Entrance - At occupancy of the 200th dwelling unit in the West Village, issuance of the 300th zone clearance in the West Village, or when warrants are satisfied as determined by the City Engineer, whichever occurs first. The developer shall receive reimbursement from available A.O.C. funds when funds are determined to be available by the City Council. This reimbursement shall not occur until other reimbursement obligations predating these requirements are met. In addition, in the event other traffic signals or other improvements funded by th A.O.C. are warranted as determined by the City Engineer then the developer's reimbursement shall be postponed until funds later become available."