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HomeMy WebLinkAboutAGENDA REPORT 1986 0721 CC REG ITEM 11AJAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TO: FROM: DATE: MOORPARK ffEWI- 11A 14EMORANDUM The Honorable City Council John Knipe, Assistant City Enginee r July 14, 1986 SUBJECT: Tract No. 4037 (Calprop) BACKGROUND INFOR14ATION ' STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEiT City Engineer JOHN V. GILLESPIE Chief of Police At the July 7, 1986 meeting, the City Council received an unsigned letter stating that the compaction on Tract No. 4037 was substandard. The City Council directed the City Engineer to investigate these allegations and report back to the Council. Since the July 7th meeting, staff has requested that the developer and soils engineer investigate.these concerns on substandard compaction and report back to the City. Following the receipt and review of this information, staff will then request that additional compaction tests be made to verify the original test results and any other information necessary to determine whether or not proper compaction exists on this project. Stafif will report back to the Council on these findings as they become available. RECOMMENDED ACTION This material is provided for information only and no action is required at this time. JFK : jg JN 3725 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 • (LV O * J•U PARK Qq g1y'p ,• ' -�•� Y Y E JAMES D. WEAK STEVEN KUENY THOMAS Ce Myor FERGUSON € �4`' City Manager ~ /`� ' CHERYL J. KANE Mayor Pro Tern (Win ' City Attorney ALBERT PRIETO ydiejb, Councllmember Jr; RICHARD MORTON � �� Director of DANNY A. WOOLARD Community Councilmember N�� Y Development LETA YANCY•SUTTON "`�� R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V. GILLESPIE City Clerk MEMORANDUM Chief of Police THOMAS P. GENOVESE City Treasurer 1C® : The Honorable City Council F'R®M : Michael A. Rubin, Senior Planne �/• / DATE : July 16 , 1986 StJBJTECT : PROBLEMS WITH CAL PROP PROJECT At its meeting of July 7, 1986 , the Council requested staff to investigate several concerns raised at that meeting. NOTICES For the Planning Commission public hearings on this subdivis- ion, a 300 foot radius map was prepared. The map appears to be correct and all . property owners entitled to be noticed are indicated on the map. However, the notice mailing list appears to have omitted three (3) properties entitled to be noticed. One is probably a common area lot at the southeast corner of Rolling Knoll Road and Peach Hill Road (507-231-01; the second is the lot to the east (507-231-02) a residence; and the third in the Presbyterian Church site at the southeast corner of Moor- park Road and Peach Hill Road (500-35-17) , this property was owner by Carlsberg Construction Company at the time. However, in any case, none of the omissions were properties on Vista Del Valle. Six individuals spoke at the July 7 , 1986 City Council meeting on this matter: Robert Swanson, Rick Hiestand, Keith Mohrusen, Kenneth Lew, Rose Ann and Steve Brodsky. Some of these individuals claimed they had not been notified of the hearings on the tract. The notification list shows the first three of the people on the list, the fourth appears to be a tenant, as the property owners live in Highland, CA. (near San Bernardino) . 799 Moorpark Avenue Moorpark, California 93021 (805)529-6864 The Honorable City Council page 2 - July 16, 1986 SUBJECT: PROBLEMS WITH CAL PROP PROJECT The fifth and sixth, the Brodsky' s did not own property inside of the 300 foot radius area at that time, as per the latest assessment role then in effect. The omissions mentioned appear to have been an "honest mistake" . The Government Code (Sections 65010, 65093 and 6541. 5) offers protection from "honest mistakes" . In order for a court to invalidate or set aside the approval of a local jurisdiction the mistakes must be determined to be prejudicial and the complaintant must have suffered a substantial injury. The failure of a property owners to receive the notice of hearing, is not grounds to invalidate the action of the local agency. PUBLIC HEARINGS Planning Commission hearings on this item were held on July 11, July 25, and August 8, 1985. At the second meeting, the only people to speak on the project were the applicant' s repre- sentatives, Jerry Sloniker and Eddie Ramesyer. No other speakers were heard at the other two Planning Commission hearings. The City Council heard this item on October 7 anf 14, 1985. Only at the second meeting did any on speak on this item - Glen Gessford, Eddie Rameseyer, Bernardo Perex, Merle Henry, and Eloise Brown. GRADING CONCERNS Attached is a memo from Richard Morton and his meeting with the homeowners on June 25, 1986 and a letter from CAL PROP stating that the project is being graded as per the approved grading plan. The City Engineer is proceeding with an investigation of the allegation concerning lack of compaction. The outcome of this matter does not effect the concerns expressed by the citizens at the July 7, 1986 City Council meeting. The Honorable City Council page 3 - July 16, 1986 SUBJECT: PROBLEM WITH CAL PROP PROJECT — PAD ELEVATIONS Lots 39 - 49 (inclusive) are in the viewshed of the existing homes abutting the project site that front on vista Del Valle Drive. All of these lots are on fill; the amount of fill is listed below as well as plotted on an attached map. Lot No. App. Amt. of fill (in ft. ) 49 4 48 11 47 19 46 30 45 32 44 31 43 38 42 48 41 41 40 14 39 5 LOCATIONS OF 1 & 2 STORY HOMES Attached is a map plotting the locations of the one and two story homes in the westerly half of the project site. /crl O (S '• PARK JAMES D. WEAK STEVEN KUENY Mayor , �� City Manager THOMAS C. FERGUSON :;���`� . Mayor Pro TemrirPri^ CHERYL J. KANE ALBERT PRIETO � City Attorney Councilmember RICHARD MORTON Director of DANNY A. WOOLARDl Community Councilmernber Development LETA YANCY-SUTTON "'�iy R. DENNIS DELZEIT Coundlmember City Engineer DORIS D. BANKUS JOHN V_ GILLESPIE City Clerk Chief of Police THOMAS P. GENOVESE City Treasurer TO: Steven Kueny, City Manager FROM: Richard Morton, Director of Community Development,��G DATE: July 9 , 1986 SUBJECT: CAL PROP GRADING - Meeting with Homeowners On Wednesday, June 25th at 6:30 p.m. I met with Mr. Brodsky and several of the homeowners on Fern Valley Court in regard to the grading being done by CAL PROP. The homeowners stated that CAL PROP was pressuring them to agree to a plan to remove their back fences, fill the back yard and put in a new block wall on the rear property line. Mr. Brodsky said that the plan as described would not fill his back yard sufficiently, so that it would drain to the street and that CAL PROP would not explain what would happen to the drainage . A major concern of the homeowners was also that there would be two-story homes blocking their views. I told them that it was entirely up to them whether they participated or not in the plan to fill the bak yards but I could not imagine the lots still draining to the rear. It looked to me as if they would all agree they could get more usable back yard as well as a new block wall. I said I would check this and gave them my card and said to call me. I check with the Inspector, with the City Engineer' s Department and he said there was never any doubt that the lots with the existing homes would, in the after condition, drain to the street and that CAL PROP knew this . None of the homeowners called back. CAL PROP could not wait and proceeded with the original plan. As to the homeowners objection to the two-story homes and their stated promise of "view lots" , I said there was no way the City could control what the sales representatives stated and that the homes were on a plan approved by the City. 700 se.,.-...,...4. A...,...... ..__,_�. ,._.._ ...,.,,._ ........ �.,., ....... v re c) REAL ESTATE DEVELOPMEMMVES(MEM/MANAGEMENT July 10, 1986 Mr. Dick Morton Planning Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Tract 4037 - Moorpark Road and Peach Hill Road Dear Mr. Morton: With reference to the recent concerns regarding the proper grading of our property, please be assured that all site grading is in conformance with the approved grading plan. In addition, the Tot layout is consistent with the approved Tentative Tract Map. As I communicated with Diane Eaton, the total number of two-story dwellings is 45, which is approximately 2/3 of the tract. We offer three different plans, 2 plans are two-story and the remaining plan is one-story. I look forward to obtaining final zone clearance on the remaining lots in our tract . Should you have any further concerns, please feel free to call me. Si ncerely, CALPROP CORPORATION/11A41.0.4,‘.._.." kW/LA/Lk ' Susanne Liebman Project Manager a. RECEIVED ao JUL 1 41986 CITY OF MOORPARK Calnroo Corporation 5456 McConnell Avenue. Los Angeles.California 90066(2131306-4314*870-1591 Et:.•565.73 r• - r • ER . ' • i_ C B. A/�I'e/'/2'N/. OILI � it -41.. ..44 dibmwm..------ - ... • ` ��•'aliiiii�'1�•,*"�-_ VW, .�w?�r" ZT. "-- 1 6. * .4,,i,447‘1:. amy...�,,���Z�Y�� \ •\ C lifiW. 1=11 . IN. w„.w $ ,,s...,,tt :,,,s.r ,Irai.6 eir j 1\1 1' ib''\..''111111011 LIS , -", ' it, ',:i 4.::.?!..,).4::: -. 0/1 .. ...., , \ . -...„ ,, , '. 11'.141/1 '41k 1-.. .'. ... .. :.t''• 1 -11. \71ittilitt , 4 .' ,\ \, s',. 'I a;-:.• s' . ,‘ -eu,,...- , „ ... .-.. ,_,,. - i.-.- -. .-. :4 '. - .t% .. ..` ' ‘..... -. i • F. •t"-- , . eio N.1 lti: 649z.c„, I . 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