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HomeMy WebLinkAboutRES CC 2003 2107 2003 0702RESOLUTION NO. 2003 -2107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 5 TO RESOLUTION NO. 96 -1197 (GENERAL PLAN AMENDMENT NO. 1994 -01, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1994 -01, CONDITIONAL USE PERMIT NO. 1994 -01 AND VESTING TENTATIVE MAP NO. 4928), LOCATED GENERALLY BETWEEN GRIMES CANYON ROAD AND WALNUT CANYON ROAD ADJACENT TO CHAMPIONSHIP DRIVE, ON THE APPLICATION OF TOLL BROS., INC. WHEREAS, at a duly noticed public hearing on July 2, 2003, the City Council considered Minor Modification No. 5 to Resolution No. 96 -1197 (General Plan Amendment No. 1994 -01, Residential Planned Development Permit No. 1994 -01, Conditional Use Permit No. 1994 -01 and Vesting Tentative Map No. 4928), located generally between Grimes Canyon Road and Walnut Canyon Road adjacent to Championship Drive; and WHEREAS, at its meeting of July 2, 2003, the City Council conducted a public hearing, received public testimony, and closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the staff report and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The City Council does hereby find that Minor Modification No. 5 to Resolution No. 96- 1197 (General Plan Amendment No. 1994 -01, Residential Planned Development Permit No. 1994 -01, Conditional Use Permit No. 1994- 01 and Vesting Tentative Map No. 4928) as conditioned is consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: Pursuant to the California Environmental Quality Act an Environmental Impact Report has been previously prepared and adopted for this development project. This Modification is consistent with that Environmental Impact Report and no further environmental documentation is necessary. SECTION 3. FINDINGS: The findings of General Plan Amendment 1994 -01, Residential Planned Development Permit No. 1994 -01, Conditional Use Permit No. 1994 -01 and Vesting Tentative Map No. 4928 as made in Resolution No. 96 -1197, and those findings made in Minor Modification Nos. 1, 3 and 4 are hereby reaffirmed and Resolution No. 2003 -2107 Page 2 included by reference. The requested modifications have been determined by the City Council not to be extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit, Conditional Use Permit or Tentative Tract Map, and therefore, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the previous approvals. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 5 to Residential Planned Development Permit No. 1994 -01 and Minor Modification No. 5 to Vesting Tentative Map No. 4928 subject to the following special conditions of approval: 1. All conditions of Residential Planned Development Permit No. 1994 -01 and Vesting Tentative Map No. 4928 and all subsequent modifications shall remain binding and in full force, except as modified by the conditions contained in this resolution. 2. Conditions VTM #20, RPD #18, CUP #24 are amended as follows: Prior to opening "C" Street to the 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. 3. Condition VTM #23 is amended as follows: The draft CC &R's shall be submitted to the Community Developer Director and the City Attorney for review and approval prior to occupancy of the 95th dwelling unit, 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. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. 4. Condition RPD #22 is amended as follows: 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 occupancy of the 95th dwelling unit. 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 Resolution No. 2003 -2107 Page 3 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, and all such landscaping for each approved phase shall be installed, prior to the first occupancy for that phase, except Phases 1 & 2 (4928 -1 & 2). S. Conditions RPD #29, VTM #47, CUP #44, MM1 #7 are amended as follows: Prior to the recordation of Phase 3, 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, except Phases 1 & 2 (4928 -1 & 2) . The landscaping for "C" Street from Grimes Canyon Road to the clubhouse is required to be installed no later than ninety (90) days after the clubhouse occupancy. The landscaping for "C" Street through Phase 3 (4928 -3) (from the Clubhouse to Walnut Canyon Drive) shall be installed and receive final inspection and approval, prior to the first residential occupancy within Phase 3 (4928 -3). 6. Conditions VTM #55, RPD #34, RPD #35, MM1 #8 are amended as follows: A Fencing and Wall Plan is required to be submitted for the Community Development Director's approval, prior to approval of the Phase 3 (4928 -3) of the Final Vesting Map. The Fencing and Wall Plan shall include the type, height, and location of all fencing and /or walls to be installed, along the perimeter of the entire project site and along "C" Street and within the "C" Street parkway. Fencing or walls for each phase shall be installed prior to the first residential occupancy in each phase. Fencing for the golf course shall be installed prior to occupancy of the clubhouse and /or initiation of play on the third 9 holes of the golf course. Fencing adjacent to agricultural zoned property shall be a minimum of six feet (6') in height, and shall represent a substantial barrier to discourage vandalism and trespassing. The Community Development Resolution No. 2003 -2107 Page 4 Director may approve high - quality chain link fencing, or wire range fencing adjacent to agricultural properties, in locations where such fencing would not be visible from the public right -of -way or the adjacent residential pads. No fencing is required in inaccessible areas either due to topography or vegetation as determined by the Director of Community Development. In all other perimeter locations, not adjacent to agricultural zoned property, either wrought iron fencing (tubular steel), a block wall, or a combination shall be provided, as determined by the Community Development Director in the Perimeter Fencing and Wall Plan. 7. Conditions VTM #136, RPD #59, CUP #101 are amended as follows: Prior to July 31, 2003, the Subdivider shall improve Walnut Canyon Road as specified in these conditions. In the event this improvement is not approved by Caltrans for use by the public by July 31, 2003, the Subdivider shall not request, and City shall not issue, more than 95 residential building permits until such Caltrans approval is obtained and the improvements are open to use by the public. 8. Conditions VTM #142, RPD #63, CUP #105 are amended as follows: Prior to May 1, 2006, The Subdivider agrees to construct improvements at the intersection of Grimes Canyon Road and State Route 118 (Los Angeles Avenue) hereinafter referred to as Intersection. The Intersection improvements shall be consistent with the requirements of Caltrans, County of Ventura (County), California Public Utilities Commission (PUC), Union Pacific Railroad (UPR), Southern California Regional Rail Authority, and Ventura County Transportation Commission (collectively Metrolink) and the City. The Intersection improvements, hereinafter Improvements, shall consist of the following, subject to final approval of the above - referenced entities: A. Intersection traffic signal including interconnection with the railroad crossing signals and a signal on the north side of the railroad crossing with preemption circuits, including any modification to the concrete crossing, rail crossing arms, and any other rail safety devises as may be required by UPR, PUC, or Metrolink; B. Two (2) twelve -foot (121) wide travel lanes and two (2) eight -foot (81) wide paved shoulders on Grimes Canyon Road from approximately three - hundred feet (3001) north of the railroad crossing to Los Angeles Avenue including modifying the elevation of the road on the north side; C. Improvement of Los Angeles Avenue for a distance of approximately seven - hundred - twenty feet (7201) east of Resolution No. 2003 -2107 Page 5 the Intersection and approximately six - hundred - twenty feet (620') west of the Intersection. The additional improvements to the east are to include an approximately six - hundred -foot (600') deceleration/ westbound right -turn lane, and twelve -foot (12') median at the Intersection tapering to zero, and an eight -foot (8') paved shoulder on the south side. The additional improvements to the west of the Intersection are to include an approximate five - hundred -foot (500') deceleration /left -turn lane. 9. Conditions VTM #143, RPD #62, CUP #106 are amended as follows: The Subdivider shall complete the improvement of Grimes Canyon Road in conformance with Ventura County Permit No. 02 -713E2 within one - hundred - eighty (180) calendar days of City obtaining the real property needed for said improvement. The Subdivider shall provide City with legal descriptions for all properties to be acquired by City by April 30, 2003, including temporary construction easements and permanent slope easements. City shall verify the legal description and return to The Subdivider for any corrections by May 31, 2003. If legal descriptions are not approved by City by May 31, 2003, then one calendar day shall be subtracted from the Required Date, referenced above, for each calendar day beginning June 1, 2003, and for each succeeding calendar day until City approves said legal descriptions (e.g. If said legal descriptions are not approved until June 10, 2003, then The Subdivider would have one - hundred - seventy (170) days from City's acquisition of the properties to complete the improvement of Grimes Canyon Road required by this condition. The Subdivider agrees to pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering, planning, and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (150) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. City shall negotiate for the acquisition of the properties. If such negotiations prove unsuccessful, City shall promptly begin the procedures required by law to consider filing condemnation proceedings for the purpose of acquiring properties. Subject to all negotiation and notice requirements imposed by law, City shall schedule a hearing to consider adoption of a Resolution of Necessity for acquisition of the properties by Eminent Domain. City shall file condemnation proceedings for the purpose of acquiring the properties if and when it: 1) has complied with all applicable laws; 2) has been able to make the findings Resolution No. 2003 -2107 Page 6 necessary for a Resolution of Necessary under the Eminent Domain Law; and 3) elects, in its sole and exclusive discretion following receipt and consideration of all facts presented at the hearing, to adopt such Resolution. Within ninety (90) calendar days of acquisition of all required properties, City shall provide an invoice to the Subdivider listing all costs and return any portion of the Subdivider deposit not expended by City for this purpose. The Subdivider agrees to reimburse City within thirty (30) calendar days of receipt of the accounting for any costs in excess of the Subdivider's deposits for this purpose. The Subdivider also agrees that it shall be obligated to reimburse City for all such costs, even if the City is ultimately unsuccessful in acquiring title to the properties through judgment or otherwise. In the event the improvements required by this condition are not open for use by the public and approval by County of Ventura Public Works Department and City are not obtained, the Subdivider shall not request and City shall not issue any additional residential building permits until such approvals are obtained and the improvements are open for use by the public. City agrees to acquire the properties within nine (9) months of City approval of said legal descriptions. In the event City does not achieve this date for acquisition, then one day shall be added to the Required Date for each calendar day said acquisition is delayed past nine (9) months of City's approval of said legal descriptions (e.g. If said legal descriptions are approved on May 31, 2003, but the City's acquisition of properties does not occur until April 30, 2004, then the Subdivider would have two - hundred - forty -one (241) days to complete the improvement of Grimes Canyon Road required by this condition). 10. Condition MM1 #10 is amended as follows: Prior to April 15, 2003, the applicant shall prepare and submit for approval by the Community Development Director, a master equestrian trail design consistent with City Public Works Department approved plans of May 2003. The plan shall show the dedicated alignment, improvements and equestrian 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 Resolution No. 2003 -2107 Page 7 trail shall be accommodated within an expanded parkway providing not less than thirty feet (30') from the back edge of the 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, shall be free flow and serpentine or meandering, may cross one another, and shall 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. 11. Condition MM1 #14 is amended as follows: 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 Certificate of Occupancy for building permit of the fiftieth (50th) dwelling unit in each development phase served. 12. Condition VTM #137 is deleted: See Condition VTM #143. 13. Condition VTM #133 is amended as follows: The improvements on Walnut Canyon Road shall provide a thirteen -foot (131) northbound through lane, twelve -foot (12') northbound left - turn lane, twelve -foot (12') southbound right -turn lane, thirteen -foot (13') southbound through lane, twelve -foot (12') south bound acceleration lane (south of the "C" street intersection) with ten -foot (101) paved shoulders on each side consistent with Exhibit C of the approved Vesting Tentative Map No. 4928. The Subdivider agrees to construct improvements at the intersection of Grimes Canyon Road and State Route 118 (Los Angeles Avenue) hereinafter referred to as Intersection at its sole cost and expense no later than May 1, 2006. The Subdivider acknowledges that the Intersection improvements shall be consistent with the requirements of Caltrans, County of Ventura (County), California Public Utilities Commission (PUC), Union Pacific Railroad (UPR), Southern California Regional Rail Authority, and Ventura County Transportation Commission (collectively Metrolink) and City. The Intersection improvements, hereinafter Improvements, shall consist of the following, subject to final approval of the above - referenced entities: Resolution No. 2003 -2107 Page 8 A. Intersection traffic signal including interconnection with the railroad crossing signals and a signal on the north side of the railroad crossing with preemption circuits, including any modification to the concrete crossing, rail crossing arms, and any other rail safety devises as may be required by UPR, PUC, or Metrolink. B. Two (2) twelve -foot (12') wide travel lanes and two (2) eight -foot (8') wide paved shoulders on Grimes Canyon Road from approximately three - hundred feet (3001) north of the railroad crossing to Los Angeles Avenue including modifying the elevation of the road on the north side. C. Improvement of Los Angeles Avenue for a distance of approximately seven - hundred - twenty feet (7201) east of the Intersection and approximately six - hundred - twenty feet (6201) west of the Intersection. The additional improvements to the east are to include an approximately six - hundred -foot (600') deceleration/ westbound right -turn lane, and twelve -foot (12') median at the Intersection tapering to zero, a four- foot(41) tapering to an eight -foot (8') paved shoulder on the north side and an eight -foot (81) paved shoulder on the south side. The additional improvements to the west of the Intersection are to include an approximate five - hundred -foot (500') deceleration /left -turn lane. 14. Condition VTM #53 is deleted. 15. Conditions VTM #58, #149 and #150 are amended as follows: Street Lighting Standards: Street lighting standards shall be as specified per the approved mitigation monitoring program. Entrance lighting along project access roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the street. However, right of ways at intersections, and significant curves in the roadway, shall provide brighter lighting complying with County and City intersection safety standards. 16. Condition VTM #148 is deleted: 17. Condition VTM #144 is amended as follows: Public Streets: "C" Street shall be constructed per Ventura Standard Plate B -4A modified to have a seventy- five -foot (751) right -of -way and configured, consistent with the Circulation Element, to provide the following cross section: A. One (1) five -foot (5') meandering sidewalk located within the south side parkway. Resolution No. 2003 -2107 Page 9 B. A twelve -foot (121) wide multi -use trail (ten -foot (101) clearance) meandering within the thirty -foot (301) south -side parkway. C. Two ( 2 ) eight -foot ( 8' ) bike lanes. D. Two (2) twelve -foot (12') travel lanes. E. One (1) fourteen -foot (141) median at "C" Street intersections with Walnut Canyon Road & Grimes Canyon Road. F. Left -turn Pocket at all Cross - streets (not including three -way stop at clubhouse entry drive). Areas exclusive of the five -foot (5') sidewalks and twelve - foot (12') multiuse trail shall be landscaped consistent with the landscaping conditions of approval. Graded slopes are permitted within the southern thirty -foot (30') wide parkway. Slopes descending down to sidewalks that are steeper than 4:1 will have a slough wall or "v" ditch installed at the toe adjacent to sidewalk. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A three -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street, a tunnel, or similar underbridge accessway, shall be constructed under the "C" Street, to enable connection of the 14th and the 15th holes for the west golf course and at the clubhouse entry drive. The tunnel shall be constructed to specifications approved by the City Engineer. Left -turn storage lanes are required at all public and private intersections on "C" Street. Adequate intersection right of way shall be provided for constructing all left - turn pockets without decreasing other lane width or parkway requirements. 18. Future modifications to the Design Guidelines shall be approved by the Community Development Director through the Permit Adjustment process. Modifications which require a change to the conditions of approval shall be handled through the Modification process. SECTION 5. 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. Resolution No. 2003 -2107 Page 10 PASSED AND ADOPTED ATTEST: Deborah S. Traff ens te City Clerk Resolution No. 2003 -2107 Page 11 STATE OF CALIFORNIA ) COUNTY OF VENTURA CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2003 -2107 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of July, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 14th day of July, 2003. Deborah S. Traffenste , City Clerk (seal)