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HomeMy WebLinkAboutRES CC 2008 2767 2008 1119RESOLUTION NO. 2008 -2767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO VESTING TENTATIVE TRACT MAP NO. 5130 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1998 -02, TO EXTEND THE TIMING OF CERTAIN IMPROVEMENTS AND THE TERM OF THE RESIDENTIAL PLANNED DEVELOPMENT PERMIT FOR THE VISTAS AT MOORPARK PROJECT, LOCATED EAST OF WALNUT CANYON ROAD AND NORTH OF WICKS ROAD, ON THE APPLICATION OF SAGE COMMUNITY GROUP ON BEHALF OF MOORPARK 150 LLC WHEREAS, on October 28, 2008, Sage Community Group, on behalf of Moorpark 150, LLC, requested a modification to the Conditions of Approval for Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 1998- 02, to extend the timing for certain improvements and the term of the Residential Planned Development Permit; and WHEREAS, at a duly noticed public hearing held on November 19, 2008, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the City Council concurs with the Planning Director's determination that the Mitigated Negative Declaration adopted by the City Council for this project is applicable to the modification and no further environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PERMIT MODIFICATION FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds in accordance with City of Moorpark, Municipal Code Section 17.44.100.A.2, that the change in the timing of improvements and term of the entitlement is not a substantial or fundamental change in the approved entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the Mitigated Negative Declaration adopted for the project. SECTION 2. CITY COUNCIL APPROVAL: The City Council approves Modification No 1. to Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 1998 -02, subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. Resolution No. 2008 -2767 Page 2 SECTION 3. The City shall cause a certified resolutic PASSED AND ADO ATTEST: * shall certify to the aVoption of this resolution and be filed in the book of o iainal resolutions. _ D this 19th day of Nove Maureen Benson, Assistant City Clerk r Exhibit A - Conditions of Approval for Modification No. 1 to Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 1998 -02 Resolution No. 2008 -2767 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO VESTING TENTATIVE TRACT MAP NO. 5130 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1998 -02 All of the original conditions of approval in City Council Resolution Number 2003- 2150 for Vesting Tentative Tract Map No. 5130 and Residential Planned Development No. 1998 -02, are incorporated herein by reference and shall remain in full force and effect except as specifically modified by this permit. 2. Special Condition Nos. 1, 2, 20, and 49 for Vesting Tentative Tract Map No. 5130 are amended in their entirety to read as follows: 1. Prior to the issuance of a grading permit, the Applicant shall deposit with the City the sum of $25,000 to be held in trust for open space axquisition and maintenance as an offset to impacts related to rare plant communities. This trust fund deposit shall be used at the discretion of the City for purposes consistent with the intent of the biological resources mitigation measures in the Final Mitigated Negative Declaration. Commencing January 1, 2009, and annually thereafter, this fee will be adjusted by any increase in the Consumer Price Index (CPI) until the fee has been paid in full. The CPI increase will be determined using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation will be made using the month of October over the prior October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 2. Venturan Coastal Sage Scrub Community Research Contribution: Prior to the issuance of a Zoning Clearance for filing of a Final Map, the Applicant shall pay to the City a contribution of $15,000 and participate in the Venturan Coastal Sage Scrub Community Research Program. Commencing January 1, 2009, and annually thereafter, this fee will be adjusted by any increase in the Consumer Price Index (CPI) until the fee has been paid in full. The CPI increase will be determined using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation will be made using the month of October over the prior October. In the event there is a decrease in the CPI for any annual Resolution No. 2008 -2767 Page 4 indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 20. Prior to issuance of a Certificate of Occupancy for the 50th dwelling unit or April 15, 2011, whichever comes first, construction of roadway improvements to Walnut Canyon Road and overlaying of the pavement on Wicks Road must be completed to the satisfaction of the City Engineer and Public Works Director. The improvements along Walnut Canyon Road associated with the project must cover the full extent of the frontage, as well as south of the property to Wicks Road, including any standard off - site transitions determined necessary by City Engineer and Caltrans. Improvements include, but are not limited to dedication of land to provide a sixty- four -foot (64') right -of -way, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than eight -foot (8') paved shoulders, no less than twelve -foot (12') travel lanes, and no less than twelve -foot (12') turning lanes. A five -foot (5') wide concrete pedestrian walkway must be installed from the southern boundary of Tract 5405 along the west side of Walnut Canyon Road. The pedestrian facilities along the west side of Walnut Canyon Road must be extended to the north side of the intersection of Walnut Canyon Road and Casey Road. Pedestrian facilities must meet all City and American Disabilities Act (ADA) requirements. Crosswalk facilities will be constructed at Casey Road for pedestrian access to the east side of Walnut Canyon Road to the satisfaction of the City Engineer. The developer shall overlay the paving on Wicks Road consistent with city standards, to the satisfaction of the City Engineer and Public Works Director prior to issuance of a Certificate of Occupancy of the 50th dwelling unit or April 15, 2011, whichever comes first. 49. Prior to the issuance of any residential building permits, the Applicant shall pay the County Traffic Impact Mitigation Fee in accordance with the agreement between the City and County. 3. Special Condition Nos. 1 and 2 for Residential Planned Development Permit No. 1998 -02 are amended in their entirety to read as follows: 1. Prior to the issuance of a Zoning Clearance for the first residential unit, the Applicant shall contribute $30,000 for funding endangered wildlife species breeding, predator trapping, or other support programs in the poen space easement area as required by the U.S. Fish and Wildlife Service. This contribution shall be coordinated with the U.S. Fish and Wildlife Service and be made to an appropriate private conservation institution upon approval of the U.S. Fish and Wildlife Service. Evidence of contribution approved by the service shall be presented to the City prior to the issuance of building permits. Commencing January 1, 2009, and annually thereafter, this fee will be adjusted by any increase in the Consumer Price Index (CPI) until the fee has been paid in full. The CPI increase will be determined using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Resolution No. 2008 -2767 Page 5 Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation will be made using the month of October over the prior October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 2. Prior to the issuance of a Zoning Clearance for construction, the Applicant shall contribute $15,000 towards the City's sensitive species research program (established as a component of the Open Space Trust Fund related to the maintenance of the Open Space, Conservation, and Recreation Element and related programs). Commencing January 1, 2009, and annually thereafter, this fee will be adjusted by any increase in the Consumer Price Index (CPI) until the fee has been paid in full. The CPI increase will be determined using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange County metropolitan area during the prior year. The calculation will be made using the month of October over the prior October. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 3. Standard Condition No. 3 for Residential Planned Development Permit No. 1998- 02 is amended in its entirety to read as follows: 3. Unless the Residential Development Permit is inaugurated (first building foundation slab in place and substantial work in progress) not later than December 17, 2011, this permit will automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project and has concurrently requested a time extension to the tentative tract map (if necessary). The request for extension of this entitlement must be made at least thirty (30) days prior to the expiration date of the permit. - END - Resolution No. 2008 -2767 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2008 -2767 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of November, 2008, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of December, 2008. Maureen Benson, Assistant City Clerk (seal) �ie