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Home My WebLink AboutRES CC 2001 1875 2001 0801RESOLUTION NO. 2001 -1875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 3 TO CONDITIONAL USE PERMIT NO. 94 -01, AND APPROVING ADDENDUM NO. 4 TO ENVIRONMENTAL IMPACT REPORT (SCH #9408175) RELATED TO THE MOORPARK COUNTRY CLUB ESTATES DEVELOPMENT WHEREAS, on June 26, 2001, Toll Brothers Development, Inc. applied for a Minor Modification No. 3 to Conditional Use Permit No. 94 -01, part of the overall development, including Vested Tentative Tract Map No. 4928 and Residential Planned Development No. 94 -01, related to the Moorpark Country Club Estates development; and WHEREAS, the Director of Community Development referred the matter to the City Council on July 18, 2001, which was subsequently continued to August 1, 2001; and WHEREAS, at its meetings of July 18, 2001, and August 1, 2001, the City Council considered the application filed by Toll Brothers Development requesting approval of Minor Modification No. 3 to the Country Club Estates project; and WHEREAS, at its meetings of July 18, 2001, and August 1, 2001, the City Council after receiving public testimony and review and consideration of the information contained in the staff report dated July 23, 2001, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompanying documents and public testimony, the City Council finds that: a. Addendum No. 4 to the project Environmental Impact Report (SCH #9408175) adequately addresses the changes to the Moorpark Country Club Estates project analyzed by the original Environmental Impact Report (EIR) proposed and that the information and analysis in support of Modification No. 3 of this project does not constitute new information or impacts that require Resolution No. 2001 -1875 Page 2 preparation of that Addendum as a portion project; a new or amended EIR and hereby directs No. 4 be attached to the Certified EIR of the environmental record for the b. The Minor Modifications are consistent with the intent and provisions of the City's General Plan and of the City's Zoning Ordinance; C. The Minor Modifications are compatible with the character of existing and proposed development adjacent to the project; d. The proposed Minor Modifications would not be obnoxious or harmful, or impair the utility of neighboring properties or uses and are consistent with the intent of the original project as conditioned and approved; e. The Minor Modifications would not be detrimental to the public interest, health, safety, convenience, or welfare; and f. The proposed, modified project would not have a substantial adverse impact on surrounding properties. g. The Minor Modifications as approved herein are consistent with the Development Agreement. SECTION 2. The City Council conditionally approves Minor Modification No. 3 to Conditional Use Permit No. 94 -01, as part of the overall project including Vested Tentative Tract No. 4928, and Residential Planned Development No. 94 -01, related to the Country Club Estates development. SECTION 3. Approval of Minor Modification No. 3 to Conditional Use Permit No. 94 -01, and other related entitlements including Vested Tentative Tract No. 4928, and Residential Planned Development No. 94 -01, related to the Country Club Estates development is hereby approved subject to the conditions contained herein: Resolution No. 2001 -1875 Page 3 1. Except as modified herein, all conditions of approval and /or mitigation measures of Resolution Nos. 96 -1197 and 95 -1167 shall apply unless modified by this resolution. Additionally, the mitigation measures incorporated within Addendum No. 4 to the Certified EIR related to this Minor Modification application shall apply. 2. Except as modified approval for Vested Residential Planned Conditional Use Permit affixed, to Ordinance this project. herein, all requirements of Tentative Tract No. 4928, Development No. 94 -01 and No. 94 -01 contained within, or Nos. 214 and 215 shall apply to 3. Except as modified by the project design changes which reduce impacts for the project as contained within Modification No. 3, all mitigation measures and /or statements of overriding consideration, adopted under City Council Resolution No. 95 -1167 certifying Environmental Impact Report (SCH #9408175) shall apply to the project as modified. 4. Pursuant to the Development Agreement, Vesting Tentative Map No. 4928 is permitted to record in independent phase maps. Phasing shall be limited to not more than eight (8) individual maps consistent with all applicable ordinances and the Subdivision Map Act. 5. The modifications granted herein shall not grant an extension for the initiation and compliance with permit requirements previously granted by the City Council, nor shall any additional extension of time for the Vested Tentative Map, Residential Planned Development Permit or Conditional Use Permit be construed as being accrued by this approval action. 6. Applicant shall post a bond or other appropriate surety for their proportionate share of public street and drainage improvements to Walnut Canyon Road from Casey Road to the north city limits as proposed by the Walnut Canyon Road Corridor Study. Applicant's proportionate share shall also be defined to include frontage along Walnut Canyon Road for a distance of Resolution No. 2001 -1875 Page 4 500± feet south of the southeasterly corner of the subject property as shown on the Tentative Map for Tract No. 4620. The extent of the improvements and or the amount and type of surety to be posted shall be determined by the City and posting of said surety shall occur prior to approval of the first Final Map, and construction of applicant's portion of the improvement shall occur prior to the occupancy of the first residential unit in Tract No. 4620. 7. Applicant shall grant to the City of Moorpark an access and grading easement along the southerly boundary of this project. The purpose of the easement shall be to provide access to a future water reservoir site in Tract No. 5187 (West Pointe Homes) for construction and maintenance purposes. The granting of this easement is intended to provide access to the reservoir site at a location where minimal disturbance to the natural topography will result. The exact location, description and width of the easement, together with any additional easement that may be needed for grading and drainage purposes, shall be determined by the Director of Community Development and the Public Works Director. SECTION 4. 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 1st ATTEST: S. I Deborah S. Traffenste t, City Clerk Resolution No. 2001 -1875 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2001 -1875 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1St day of August, 2001, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Wozniak WITNESS my hand and the official seal of said City this 4th day of September, 2001. Deborah S. Traffensted , City Clerk (seal)