HomeMy WebLinkAboutAGENDA REPORT 1987 0318 CC REG ITEM 08BTHOMAS C. FERGUSON
%wMayor
CLINT HARPER, Ph.D.
Mayor Pro Tern
ELOISE BROWN
Councilmember
JOHN GALLOWAY
Councilmember
BERNARDO PEREZ
Councilmember
MAUREEN W. WALL
City Clerk
MOORPARK
M E M O R A N D U M
TO: The Honorable City Council
ITEM
9,A-
7/,
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
THOMAS P. GENOVESE
City Treasurer
FROM: Patrick J. Richards, Director of Community Development
DATE: March 12, 1987 (CC meeting of 3/18/87)
SUBJECT: PLANNED DEVELOPMENT PERMIT NO. 1058
(GlenHaven, Inc.)
BACKGROUND
At its meeting of February 18, 1987, the Council reviewed the above
request for a residential planned development permit. The site
consists of 22 lots located south of Inglewood Avenue and west
of Peach Hill Road. Four concerns were raised by the Council at
the February 18th meeting.
1. Design of the planting area and the slumpstone wall
at the west end of Inglewood Avenue.
2. The height of the pads of Lots 21 & 22.
3. The issue of how the rear three feet of the property
could be used by the property owners to the south.
4. The subject of how the line of sight will appear between
the rear yards of certain lots to the south in relation
to the new homes to the north.
All four of these items have been addressed by the applicant. Please
see Items A, B, C and D in the attached letter and illustrations
dated March 3, 1987. Staff is satisfied with these responses.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
p. 2 - March 12, 1987
One letter of correspondence on this matter has been received.
Included is a letter dated March 5, 1987 from Mr. Gary D. Lincoln.
The applicant has indicated that Lots 7, 9, 19 and 22 will all
be plotted to allow the minimum five (5) foot setback on the north
property line. This would give the existing homeowners to the
south the maximum distance to the new residences.
RECOMMENDED ACTION
The staff recommendation remains as stated in the February 11, 1987
staff report to the Council. In addition if the Council concurs
with the additional items proposed by the applicant (design of
planter and slumpstone wall, lowering of pads of Lots 21 and 22,
and the planting easement), the Council may wish to apply these
items as additional conditions of approval. Staff suggests the
following language:
1. The planter at the westerly terminus of Inglewood
Avenue shall be designed in accordance with the
configuration shown on attached Exhibit "A ". A
decorative masonry wall, five (5) feet in height shall
be provided at the end of the street. The wall shall
be shown on the wall plan for the tract as required
by Community Development Condition No. 14. Landscaping
for the planter shall be included in the landscape plan
as required by Community Development Condition No. 13.
Lot 1 of Tract 3306 shall be deed restricted so as to
provide maintenance of the street planter.
2. The grading plan shall be revised per Exhibit "B ". Final
approval shall be made by the City engineer.
3. A three (3) foot planting easement shall be granted to
the adjacent property owners to the south where applicable
and only if desired by the affected property owners, or
a lot line adjustment shall be accomplished for the rear
three (3) feet of the subject property to the adjacent
property owners to the south. Which ever method is used
shall be subject to the approval of the Community Develop-
ment Director.
a'iz C� �'�'� .� ��� l�' ',( ;f �/l�, �• MQORPARK, CALIFORNIA
,Ue ?in
LPL! '� �C %� E�)i; City Council M g
198 ----77
AU IC-IN: _d2a
By �..C�
GlenHaven
March 3, 1987
City of Moorpark
Planning Department
799 Moorpark Avenue
Moorpark, California 93021
Attention: Michael Rubin
SUBJECT: TRACT #3306
PD -1058
Dear Michael,
We are transmitting herewith the following:
-.O*- W.
CITY
A. Ten sketches showing the design of planting area and
the slumpstone wall at west end of Inglewood.
B. Ten sketches showing revised grading on lots No. 21
and No. 22.
C. Ten drawings showing the planting strips along south
boundary of Tract #3306.
D. Ten sets of sketches showing the "line of sight"
condition which will exist for single story houses
(lot #11) and for two of the two story houses
(lots #5 & #12).
A. The block wall at
being 5 feet high
that the westerly
with a radius cor
installation will
hood.
the end of Inglewood Avenue is indicated as
due to the concerns of Council member Brown
view not be blocked. The planter is concave
responding to the street width. This
be a very attractive element for the neighbor-
B. Our Engineer, Widmer and Associates, re- analysed the grading
for lots #21 and #22 and have determined that we can indeed
lower the pad elevation of lot #22 by 12" and raise pad #21
by 12'' . I have spoken with Mr. Meifert, informed him of this
result and have assured him that we will lower pad #22.
Attached you will find 10 copies of my letter to him. We have
also instructed Widmer and Associates to process a change
order through the City Engineers reflecting this change.
601 Daily Drive Camarillo, California 93010 (805) 987 -9769
Michael Rubin
City of Moorpark
March 3, 1987
Page 2
C. We mailed letters to all twenty owners of adjoining homes on
the south boundary of our tract explaining about the three
foot planting strip. Ten copies of the letter are enclosed.
We have received 13 written responses and 6 telephonic
responses. Sixteen of the home owners indicated that they
were interested in acquiring the three foot strip, three of
the homeowners are not interested, and,yve have not received
a response from one of the homeowners. We will continue
our efforts to contact the last homeowner as well as the
Countryside Homeowners Association. The enclosed drawing is
self explanatory.
D. Sketches showing the "line of sight" conditions which will
exist at typical lots were prepared for the single story
house on lot #11, the two story house on lot #5 and the two
story house on lot #12.
Should you have any questions please call our office so we may
assist in whatever way we can.
Yours very truly,
GLENMOOR AT PEACH HILL
GLENHAVEN, GENERAL PARTNER qu A ell
PresiiAent
HAR /mjr
enc.
cc: at Richards
Widmer & Associates
'J INCA 1-1E p, TE TH i S U�T�L =IZ A� -�Pc R p 2.! tZ.C� Uri FWD"
'r N c T' IZ�M A� I N 1 tJ� No t CD I,u►u�"�. W I-p S IN Or- p?.e1 U ! IU (0(
r5-L�NTIWq tP.
qW
March 5, 1987
Mr. Michael Rubin
Senior Planner
City Of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Glenhaven Project
Case Number PD -1058
Dear Mr. Rubin:
For the record, my name is Gary D. Lincoln and I own a home at
4277 N. Granadilla Drive in Moorpark. It is located at the north
east corner of N. Granadilla Drive and N. Clavele Avenue and the
rear yard of this property will be adjacent to a new house to be
built on N. Clavele Avenue in the above referenced project.
I have spoken to Mr. H.A. Russell of Glenhaven several times in
recent weeks and have requested that the new structure to be built
directly behind me be plotted as far to the north as possible,
thereby utilizing the minimum side yard setback which I believe is
five feet. Per the measurements given to me by Mr. Russell, this
would at least provide for an eleven foot side yard between the
new structure and my rear fence. He has been considerate in this
matter and has stated that this could be accomplished.
Since most of Glenhaven's rear yards will be adjacent to homes in
my tract and those homes will be plotted to provide approximately
40 feet of yards between the structure and our rear yards, I feel
that it should be warranted and conditioned that Glenhaven do all
they can to mitigate the extreme closeness of new structures to
those in my position. Walls, setbacks and landscaping should be
considered.
Please enter this letter into your case file and the public record
and I will appreciate any efforts your staff and the City Council
can provide in this matter.
Re ctfully,
, C
Gary D. Li n
4277 ranadilla Drive
Moorpark, CA 93021
cc: Glenhaven ... Oct, ow,
ti
MAN 0 91987
CITY OF MOMARK
THOMAS C. FERGUSON
Mayor
DANNY A. WOOLARD
Mayor Pro Tem
ELOISE BROWN
Councilmember
JOHN GALLOWAY
Councilmember
CLINT HARPER, PhD.
Councilmember
MAUREEN W. WALL
City Clerk
MOORPARK = =EM a - s.
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
THOMAS P. GENOVESE
City Treasurer
MEIV.LORANDZJM
T O = The Honorable City Council
FROM : Patrick J. Richards, Director of Community Development
DATE = February 11, 1987 (CC meeting of 2/18/87)
SZJ$JECT = PLANNED DEVELOPMENT PERMIT NO. 1058
(Glenhaven, Inc.)
BACKGROUND
At its meeting of January 19, 1987, the Planning Commission adopted
Resolution No. PC -87 -123, recommending a conditional approval of
the above planned development permit. The resolution is attached
for the Council's review. The final map for the 22 lot subdivision
was approved on June 7, 1983 just prior to the incorporation of the
City of Moorpark. A planned development permit was previously approved
by the County; since construction did not start on the individual
residences within the required time frame after approval the planned
development permit lapsed. The applicant must now have City approval
of a new planned development permit to complete the project. Staff
reports dated December 10, 1986 and January 5, 1987 to the Planning
Commission are attached.
DISCUSSION
The project site consists of: 22 lots, most of which front on Inglewood
Avenue. Site boundaries are from Peach Hill Road to the east and
the Southern California -.0;dison Company easement on the west. It
is located in an area that has been developed for several years to
the north and south. As such it represents an "inf ill" project. At
the Planning Commission hearing on this matter, four concerns were
raised: mix of single and two -story homes, windows at the second
story overlooking existing backyards to the rear, the use of the
slope to the rear of the lots fronting on Inglewood Avenue and the
potential to improve the street configuration by including a cul -de -sac
799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864
The Honorable City Council
p. 2 - February 11, 1987
or a "knuckle" in the alignment between Inglewood Avenue and Cloverdale
Street. All four of these issues were addressed in the staff report
dated January 5, 1987.
RECOMMENDATION
1. Approve the negative declaration.
2. Make the findings listed in the staff report dated December 10,
1986 as required by Section 8163 -3 of the Code.
3. Approve the planned development permit subject to the conditions
of approval as recommended by the Planning Commission (or as
modified by the Council).
4. Direct staff to prepare a resolution conditionally approving
this item for the Council's consideration at its next regular
meeting.
EXHIBITS: "A" - Resolution No. PC -87 -123
"B" - Staff Reports dated: January 5, 1987 &
December 10, 1987 (pages 1 - 55)
i-
RESOLUTION NO. PC -87 -123
A RESOLUTION OF THE MOORPARK PLANNING COMMISSION
OF _THE CITY_ OF -- MOORPARK, CALIFORNIA, RECOMMENDING _
TO THE -CITY COUNCIL APPROVAL OF RESIDENTIAL PLANN-
ED DEVELOPMENT PERMIT NO. RPD -1058- OF A PREVIOUSLY _ -
- APPROVED TRACT NO. TR- 3306-ON THE APPLICATION OF
GLEN HAVEN, INC. ASSESSOR PARCEL NO. 507 - 261 -015
thru 075 & 507 -0- 262 -015.
WHEREAS, at a duly noticed public hearing held on December
10, 1987 and January-5, 1987, the Moorpark Planning Commission considered
the subject application requesting approval of a residential development
on a previously approved Tract No. 3306 for the construction of twenty -
two single family residences. Location; Inglewood Avenue between Peach
Hill Road and the Southern California Edison Easement.
WHEREAS, the Planning Commission, after review and consider-
ation of the information contained in the Negative Declaration, has
found that this project will not have a significant effect on the
environment; and has reached its decision in the matter;
NOW, THEREFORE, THAT THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA , DOES RESOLVE AS FOLLOWS:
SECTION 1. That the findings contained,in the staff report
dated January 5, 1987, which report is incorporated by reference as
though fully set forth herein are hereby approved;
SECTION 2. That at its meeting of January 5, 1987, the
Planning Commission took action to request staff to prepare a Resolution
with the attached ccnditions approving Residential Planned Developmelit .
-
Permit No. RPD -1058; said Resolution to be presented for Consent Calendar
action at the next regularly scheduled meeting. The action with the
foregoing directions was approved by the following roll call vote:
AYES: Commissioners Butcher, Montgomery, Holland,
Wozniak, and Perez;
NOES: None;
ABSENT: None.
PASSED, APPROVED AND ADOPTED thi� 19th day of January,
1987.
ATTEST:
Acting Secretary
Chakrman
EXHTB =T '• A TT
APPROVED AND ADOPTED BY- RESOLUTION NO. PC-87-123-Dated: 1/19/87
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: G1enHaven
DATE: December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. That the permit is granted for the land as described in the application
and any attachments thereto, and as shown on the plot plan submitted.
2. That the permit is granted for all of the buildings, fences, roadways,
parking areas, landscaping and other features which shall be located
substantially as shown on Exhibit "E ", except or unless indicated other-
wise herein.
3. That the elevations and floor plans of all buildings shall be substantially
in conformance with the elevation plans and floor plans labeled Exhibit
C & D.
4. That subsequent to occupancy, minor changes or additions to approved
structures, fences, etc, or the construction of patio covers and accessory
structures may be approved by the Community Development Director through
issuance of a zone clearance provided that the minor change a) is consistent
with the conditions, Covenants and Restrictions (CC and R's) for the
project; b) has been approved by the applicable Homeowners Association;
c) clearly does not affect the design, integrity, or quality of the development;
and d) is consistent with the regulations of the City Zoning Ordinance.
Minor changes which do not meet these criteria will require a minor
modification of the permit to be considered by the Community Development
Director. Any changes determined to be major by the Community Development
Director will require the filing of a major modification application
to be considered by the Planning Commission.
5. That the final design of all buildings, communal open spaces, recreational
- facilities, walls and fences including materials and colors, is subject
to the approval of the Community Development Director. Variation in
roof colors is required.
6. That all requirements of any law or agency of the State, Ventura County,
and City of Moorpark, and any other governmental entity shall be met.
7. That the applicant agrees as a condition of issuance (or renewal) the
use of this permit, to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this permit, or
in the alternative, to relinquish this permit. Applicant will reimburse
the City for any court costs and /or attorney's fees which the City may
be required by a court to pay as a result of any such action. City may,
at its sole discretion, participate in the defense of any such action,
but such participation shall not relieve applicant of his obligations
under the condition.
8. That prior to zone clearance a pad certification form shall be obtained
from the Department of Public Works. Said form shall be submitted to
the Department of Community Development prior to zone clearance or issuance
of building permit.
APPROVED AND - ADOPTED BY- RESOLUTION NO.-PC -87 -123 Dated: 1/19/87
CONDITIONS FOR:
APPT.TCANT:
UAIG:
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
GlenHaven
December 10, 1986
COMMUNITY-DEVELOPMENT DEPARTMENT CONDITIONS -
9. That unless a zone clearance for a unit is issued within thirty -six (36)
months after the date the permit is granted, this permit shall automatically
expire on that date. The Community Development Director may, in his
discretion, grant two separate 12 month extensions for issuance of a
zone clearance for a unit in each phase, provided: a) the application
for extension is made prior to the expiration of the initial thirty -six
(36) months; b) there has been no change in the approved plans; c) there
has been no change of circumstance which will revent 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)
the permittee has diligently worked toward initiation of construction
of each the phase of the development during the initial thirty -six (36)
month period.
10. That signs are subject to the regulations of Chapter 12, Title 9 of the
Moorpark Municipal Code.
11. That a transfer of this permit shall not be effective until the name
and address of the transferee and date when such transfer shall be effective,
together with a letter from the new owner certifying agreement to comply
with all conditions of the permit is filed with the Community Development
Director.
12. That the development is subject to all applicable regulations of the
"R- P- D -4.5" (Residential Planned Development) zone.
13.a. That prior to issuance of the zone clearance,-- -a - landscaping, planting
and irrigation plan for that phase, together with specifications and
a maintenance program, shall be prepared by a state - licensed landscape
architect. The Ventura County Guide to Landscape Plans, dated July 1982,
shall be used. The landscaping plan shall show planting within the front
yards of all residential lots in the subdivision; areas along any man -made
slopes adjacent to the developed areas and along interior streets. Land-
scaping in these areas shall incorporate drought resistant and native
plant materials as feasible, and shall be chosen to-insure adequate erosiion
control, and to mitigate the visual impacts of all man -made slopes three
feet or more in height. Landscaping shall not cover any door or window.
Landscaping at entrances and exits and intersections will not block or
screen the view of a seated driver from another moving vehicle or pedestrian,
nor be placed directly under overhead lights which could cause a loss
of light at ground level. All of the landscaping described above, with
the exception of that within individual lots, shall be maintained by
the individual homeowners.
b. Prior to preparation of the landscaping plan, the landscape architect
shall consult with the Director of Community Development regarding species
to be planted and the overall landscape concept to be used.
c. Three set of plans shall be submitted for approval to the Director of
Community Development.
APPROVED AND ADOPTED BY RESOLUTION NO. PC -87 -123 Dated: 1/19/87
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: G1enHaven
DATE: December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS -
13.d. The applicant shall bear the total cost of such review and of final install-
ation inspection. All landscaping installation described above (with
the exception of the private recreational facilities) shall be completed
prior to issuance of the last certificate of occupancy.
14. That prior to issuance of the first zone clearance, the developer shall
submit a plan showing fencing along the side and rear yards of each residential
lot. Said fencing plan shall identify the location and materials to
be used (wrought iron, pilasters, slumpstones, etc., but no wood) and
shall be approved by the Director of Community Development. Said fencing
shall be completed prior to the issuance of a certificate of occupancy
for the affected lot.
15. Prior to the issuance of the zone clearance a plan showing the location
of mail boxes shall be submitted to the Community Development Director
for approval upon review by the Moorpark Postmaster.
17. That all residential units shall be constructed employing energy saving
devices as may be appropriate to the State of the Art. These are to
include, but are not limited to, the following:
a. Low flush toilets (not to exceed 1 -1/2 gallosn).;
b. Shower controllers.
C. Stoves, ovens and ranges, when gas fueled, shall not have continous
heating source to have night setback features.
d. All thermostats connected to the main space heating source to have
night setback features.
e. Kitchen ventilation system to have automatic dampers to insure
closure when not in use.
f. Solar panel stubouts.
g. Floor plans to demonstrate reservation of space for solar equipment
adjacent to furnace.
18. That gutters and downspouts shall be provided over all garage doors and
front entryways, unless covered.
19. If a model home complex is to be constructed, it shall be permitted within
the tract boundaries, subject to issuance of a zone clearance. A site
plan shall be submitted which indicated the location of dwelling units,
sidewalks, landscaping, fencing, patios, directional and advertising
signs, parking and lighting.
APPROVED AND ADOPTED BY RESOLUTION NO. PC -87 -123 Dated: 1/19/87
CONDITIONS FOR:
APPLICANT:
DATE--:
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
GlenHaven
December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
20. That prior to issuance of a zone clearance, an "Unconditional" Will -Serve
Letter for water and sewer service for that phase shall be obtained from
Ventura County District No. 1.
21. In accordance with the Residential Development Management System, an
allocation permit shall be required prior to issuance of a zoning clearance
and /or building permit.
22. A garage door opener shall be provided with the residences on lots 6
and 8, to encourage use of the garage.
ADDITIONAL PLANNING COMMISSION CONDITIONS - January 5, 1987
l; An irrevocable offer for a landscape easement of approximately three feet
abutting the south property line shall be made for the purpose of allowing
property owners to the south to utilize the south slope created by the
grading of this subdivision.
2. Lots 14 -and 22 shall have the building footprint located to provide a
12 foot side setback on the.south side of the property. Any south facing
windows on those particular elevations shall be redirected east or west.
3. In the event that the applicant chooses to amend the site plan so that
any of the two story models are reduced to one story, this shall only
require approval of the Director of Community Development.
4. A six foot masonry wall shall be constructed at the Southern California
Edison Company Easement adjacent to the westerly terminus of Inglewood
Avenue. A five foot landscaped area shall be provided in front of this
wall. Wall and planter shall be shown on the landscaped plan which is
subject to the approval of the Director of Community Development. No
delivery prior to 9:00 a.m. and no construction prior to 8:00 a.m.
PARKS & RECREATION COMMISSION CONDITION
5.
An in -lieu fee for private recreational facilities of $1,180.00 per unit
shall be paid. The fee shall be utilized to offset costs of improvements in
Peach Hill Park. If the fee is paid within one -year of the date of City Council
approval the fee shall be at the stated amount. If it is paid after this date,
the fee shall be computed again and an appropriate allowance shall be made for
an increase in the Consumer Price Index.
APPROVED AND ADOPTED BY RESOLUTION NO. PC -87 -123 Dated:.1 /19/87
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: G1enHaven
DATE: December 10, 1986
-- VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS
1. A licensed security guard is recommended during the construction phase,
or a 6 foot high chainlink fence shall be erected around the construction
site.
2. Construction equipment, tools, etc., shall be properly secured during
nonworking hours.
3. All appliances (microwave ovens, dishwashers, trash compactors,etc.)
shall be properly secured prior to installation during nonworking hours.
All serial numbers shall be recorded for identification purposes.
4. If an alarm system is used, it should be wired to all exterior doors
and windows and to any roof vents or other roof openings where access
may be made.
5. All exterior doors shall be constructed of solid wood core minimum of
1 and 3/4 inches thick or of metal construction.
6. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler
operation with the locking bar or bolt extending into the receiving guide
a minimum of 1 inch.
7. All exterior sliding glass doors or windows shall be equipped with metal
guide tracks at the top and bottom and be constructed so that the window
cannot be lifted from the tract when in the closed or locked position.
8. Upon occupancy by the owner or proprietor, each unit shall have locks
using combinations which are interchange free from locks used in all
other separate dwellings, proprietorships, or similar distinct occupancies.
9. Address shall be clearly visible to approaching emergency vehicles and
mounted against a contrasting color.
10. Front door entrances shall be visible from the street.
APPROVED AND ADOPTED BY RESOLUTION NO. PC -87 -123 Dated: 1/19/87
*CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: G1enHaven
DATE: December 10, 1986
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS - -
1. _ That street signs shall be installed -prior to -any occupancy._
2. That prior to zoning clearance, the applicant shall submit plans to the
Ventura County Bureau of Fire Prevention for the approval of the location
of fire hydrants. Show existing hydrants on plan within 500 feet of the
development.
3. That a minimum fire flow of 1,000 gallons per minute shall be provided
at this location.
4. That fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County
Water Works Manual.
5. That all grass or brush exposing any structures shall be cleared for
a distance of 100 feet prior to framing, according to the Ventura County
Weed Abatement Ordinance.
r
t
THOMAS C. FERGUSON
Mayor
DANNY A. WOOLARD
Mayor Pro Tern
ELOISE BROWN
Councilmember
JOHN GALLOWAY
Councilmember
CLINT HARPER
Councilmember
THOMAS P. GENOVESE
City Treasurer
MOORPARK
IVI_EMORANIDTim
T O . The Planning Commission
Michael A. Rubin, Senior Planner 0-to,
DATE : January 5, 1987
S iJ $ J E C T : PLANNED DEVELOPMENT PERMIT NO. PD -1058
(G1enHaven)
BACKGROUND
J l tvtry MUCIV T
City Manager
CHERYL J. KANE
City Attorney
PATRICK J. RICHARDS A.I.C.P.
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
At the Commission's meeting of December 10, 1986, a public hearing
was held on the above project. The staff report dated December
10, 1986 is again provided for the Commission's information (see
Attachment "A "). Four issues were raised at the hearing which required
further work on the part of the staff and the applicant. They are
as follows.
DISCUSSION
1. Mix of single -story and two story homes
The project site abutts single story residences entirely
to the south. A mix of single and two -story homes are
across the street to the north. Since the pad elevations
of the proposed homes is generally two feet higher than the
pads of the homes to the south, a privacy concern has been
raised. To mitigate the concern, the applicant has offered
to reduce the number of two -story homes.
Originally the 22 lots were plotted with 14 two -story and
8 single -story models. This has now been revised to nearly
a reverse proportion. The revised site plan shows 9 two -story
and 13 single -story floor plans. As part of the revision,
four different plans are now offered as opposed to three
originally. Two are single- story, and two are two - story.
EXEH =BZT " B 99
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Planning Commission
p. 2 - January 5, 1987
2. South facing second story windows.
EAA
Related to the above concern is the location of second -story
windows facing the existing homes to the south. The elimination
of several second story models also reduces the privacy concern
of these windows. The applicant has revised the rear elevation
of the two -story models so that they only include a frosted
window facing south. The windows that previously faced south
have been reoriented to the side elevations. The room affect-
ed is the master bedroom in both of the two -story plans offered.
3. Planting easements.
Since the subdivision has its location generally higher
than the subdivision to the south a down -slope will exist
from the new subdivision to the old. When the new lots are
provided with block walls, the walls would normally be located
at the top of the slopes. This would create a "no mans land"
since the subdivision to the south is already fenced. To
alleviate this problem the applicant has offered to provide
a "planting easement" to the benefit of the property owners
to the south. The easement would enable the neighboring
property owners to use the slope for additional rear yard
landscaping. Use of the easement would "also enable the indiv-
idual rear yards to be extended an additional three feet
in depth.to the north.
An alternative to the planting easement discussed above would
be a lot line adjustment. This would enable property lines
to be adjusted to conform to the useable rear yard space
in both the proposed project site and the neighboring proper-
ties. This would increase the size of the individual properties
by extending the depth of each lot, approximately three feet.
An appraiser from the County Assessor's Office was contacted
by the staff regarding the subject of dedicating an additional
three feet of land to the bordering property owners. It
was the appraiser's opinion that no increase in property taxes
would occur due to the small size of the dedication. The
additional three feet would have a negligible effect on the
value of these properties. The staff favors the lot line
adjustment alternative. It is preferable because it provides
for 100% ownership of land by owners who will be using the
land and have the responsibility for maintaining it.
4. Existing street configuration.
The westerly terminus of Inglewood Avenue ends in a dead -end
configuration at present. No cul -de -sac is provided. At
the public hearing the concern was raised that either a
"knuckle" design or a cul -de -sac-- be provided.
3
The Planning Commission
p. 3 - January 5, 1987
4. Existing street configuration. (continued)
At the intersection of Inglewood Avenue and Cloverdale Street,
the knuckle configuration would adversely impact the first
two lots fronting on Cloverdale Avenue;= both of these lots
would have all or part of their front setbacks reduced.
A car parked on either driveway would very likely extend
behind the sidewalk, violating the intent of the 20 -foot
setback. Driveway visibility would be impaired and an increase
in the potential danger to pedestrians would occur if the
setback were reduced.
As an alternative to the knuckle a cul -de -sac was explored.
The cul -de -sac alternative does not directly impact the
residences on cloverdale Street as does the knuckle. However,
the cul -de -sac design would require Lots 1 and 2 to be
redesigned to accommodate the front setback and have small
rear yards. It would very likely also require a useless
remnant of property to be attached to both Lot 1 and 4305
Cloverdale Street.
The above alternatives have been discussed with the city
engineer's office. It is the opinion of the City Engineer
that little benefit would be gained by a new street figuration
and that the present configuration has served adequately
and would continue to be adequate after the homes are cons-
tructed as proposed. Therefore, staff is recommending that
Condition No. 22 be deleted.
All four of the above concerns have been addressed by the applicant.
The responses are provided on the following pages. See Exhibits "1 ",
"2 ", "3", and "4 ".
On December 17, 1986, the Parks and Recreation Commission reviewed
this project. Due to the small size the Parks Commission did not require
on -site private recreational amenities to be provided. Rather, an
in -lieu fee was required. The fee established was $1,180 per unit.
This is based on an $800. per unit amount that was required by the
county in 1979, plus $380 per unit representing a 47.5% increase since
1979 in the Consumer Price Index.
RECOMMENDED ACTION
1. Approve the revised site plan with 9 two -story and 13 single -story
plans and with the street configuration as proposed originally
by the applicant.
2. Make the findings and approve the negative declaration as recommend-
ed in the December 10, 1986 staff report.
4
The Planning Commission
p. 4 - January 5, 1987
3. Direct staff to prepare a resolution recommending to the City
Council conditional approval of Residential Planned Development
Permit No. RPD -1058 for consideration at its next regular meeting
of January 19, 1987.
ATTACHMENTS: Exhibits "1 ", "2111F "3" and "4"
Landscape Maintenance Agreement - Draft
Landscape Maintenance Agreement - Sample
Reciprocal Vehicular & Pedestrian Access
Agreement - Sample
Staff Report - December 10, 1986
Additional Information Memo - December 10, 1986
Revised Site Plan
VA
The Planning Commission
p. 1 - January 5, 1987
PARKS AND RECREATION COMMISSION CONDITION
1. An in -lieu fee for private recreational facilities of $1,180.00
per unit shall be paid. The fee shall be utilized to offset costs
of improvements in Peach Hill Park. If the fee is paid within
one -year of the date of City council approval the fee shall be
at the stated amount. If it is paid after this date, the fee
shall be computed again and an appropriate allowance shall be
made for an increase in the Consumer Price Index.
Le
GlenHaven
ONE STORY /TWO STORY HOUSES AT TRACT #3306
In an attempt to address the desires and requests of
our neighbors to the south and the often conflicting desires
of our neighbors to the north, GlenHaven has replotted the
houses on Tract #3306. We have reduced the number of two story
homes to nine and have increased the number of one story homes
to thirteen. By increasing the number of single story homes
we have felt it necessary to incorporate another single story
plan type which we have designated as plan four. Plan four
will contain 2000 square feet but will only have a double
garage whereas the other plan types will have three car garages.
Plan One, the smallest two story house would be located
on lots 5, 8, 13, and 18. These homes would have sixty -four
foot deep rear yards, so impact on the neighbors to the south
would be neglegible since their houses would be 80 feet apart.
We have avoided plotting these houses across from the southerly
entrances to Skylark Court, Ashtree Street, Clavele Court, and
Cloverdale in order to maintain their open view to the south.
Plan Three, the larger of the two story homes would
be located on lots 14, 19, 20, 21 and 22. Lot 14 backs up to
the wall on the existing handball court, and lots 19, 20, 21
and 22 at the east end of the tract are approximately five feet
EXH =B =T " 1 •• j
601 Daily Drive Camarillo, California 93010 (805) 987 -9769
7
lower than the existing homes to the north, and will have a
one story garage portion on the south thus reducing their
impact on the existing homes on that side.
GlenHaven
LINE OF SIGHT -TWO STORY HOUSES
Our adjoining neighbors to the south are concerned
that two story homes which we might build would have a view
(or "line of sight ") into their back yards.
The Plan- One,.two -story hou -se presently has rear
facing second story windows only in the master.bedroom.
GlenHaven is willing to modify the design of this master
bedroom by moving these windows to the side of the house and
install only two 2' x 5' obscure glass windows for light and
ventilation on the rear facing wall of the house. Thus there
will be no direct "line of sight" from these homes into the
rear yards of their southerly neighbors. (It should be noted
here that one of these four Plan -One homes is proposed for
lot #8 whose rear lot line backs to lot #10, not to our
southerly neighbors).
The Plan Three, two -story homes have rear facing
windows in the master bedroom and master bathroom which are
on the second story. The windows in the master baths will,
of course, be obscure glass. We would like to point out that
this plan type on lot #14 backs up the the 10 ft. high wall on
our southerly neighbor's handball court. The others, on lots
#19, #22, and lots #20 and #21, back up to each other, there-
EXH =B =T 2
601 Daily Drive Camarillo, California 93010 (805) 987 -9769
4
fore, we believe, eliminating direct "line of sight" into the
rear yards of our neighbors to the south.
!0
GlenHaven
DEDICATION OF PLANTING EASEMENT TO ADJOINING
PROPERTY OWNERS OF SOUTH SIDE OF TRACT #3306
GlenHaven has learned in discussions with Mr. Warren
Bossard, Subdivision Title Officer, at Lincoln Title Company,
that a document can be prepared and recorded wherein we offer
a slope easement for landscaping purposes to each of the
adjoining home owners on the south side of our tract. Each
of these Owners would have the option to accept or reject the
offer. The agreement would stipulate that those who accept
would landscape and maintain the easement parcel and that the
agreement cannot be terminated without approval by the City
of Moorpark.
We are attaching hereto a very rough outline of this
agreement and copies of two agreements in Thousand Oaks which
were of a similar nature.
We will have Mr. Bossard at the planning commission
meeting to answer any questions you may have.
E17:K = T 3
601 Daily Drive Camarillo, California 93010 (805) 987.9769
R 0 U G H O U T L I N E
EXCLUSIVE LANDSCAPING AND
MAINTENANCE AGREEMENT
A. WHEREAS, Glenmoor at Peach Hill, a Limited
Partnership is the owner of Tract No. 3306 in the City of
Moorpark, County of Ventura, State of California as per Map
No. recorded in book , page of maps
in the office of the County Recorder of said county; and
B. WHEREAS it is the desired intention of Glenmoor
at Peach Hill to offer to those property owners whose lots
adjoin the southerly lot line of Tract No. 3306 a landscape
easement three feet in-depth for the full width of their lot,
said easement to be for the exclusive use of landscaping,
etc., etc ..............
C. WHEREAS
D. WHEREAS
E. WHEREAS
...........)
...........)
as required
It
NOW, THEREFORE, in consideration of their mutual
covenants and conditions the parties hereto for themselves,
their successors, assigns, legal representatives, future
encumbrances, executors and administrators agree as follows:
1. The Owners grants . . . . .
2. The Owners grants . . . . .
3. The Owners grants . .
NOTE 4. The easements, licenses, rights and privileges
herein granted by each of the parties hereto to the other
party shall terminate by the mutual written agreement of the
parties hereto or their successors in interest and upon written
approval by the City of Moorpark.
EXECUTED this
day of
GLENMOOR AT PEACH HILL
a Limited Partnership
By: GLENHAVEN
"General Partner"
By:
H. A. Russell, President
By:
Barbara J. Russell, Secretary -
Treasurer
IZ
R C0_;W <D AT REOU' EST OF, COX'- t%�!0 41Il: - 01
Teccrdin :; requested by and
when recorded sail to:
2001 111,11crest Partnership
c/o Investment Building Group
515 S. Flower Street. Suite 970
Lox Angeles. California 90071
Fr U /i/ c's-66 - -ib
1-11755-
RECORDED IN OFFICIAL RECORDS
OF COUNTY, CALIFORNIA
i 3(1 Mt 4 PK DECO 11 1985
RI:.'00 D. DEMI. COUNTY RECORDER
NON - EXCLUSIVE ACCESS AND PARKING EASEMENT
AND MAINTENANCE AGREEKENT
WHEREAS. 2001 HILLCREST PARTNERSHIP a California Limited
Partnership (02001"). is the owner of all that certain real property
located in the city of Thousand Oaks. County of Ventura. State of
California. more particularly described in Exhibit "A" Tract Map No.
3976 recorded in book 101. pages 92 and 93 of maps. Ventura County
attached hereto and incorporated herein by reference thereto (the
"Property "): and
WHEREAS. it is the desired intention of 2001 to develop all
of the Property as seven separate parcels: and
WHEREAS. it is the desire and intention of 2001 to impose
certain restrictions upon the Property. relating to access. parking and
maintenance for the benefit of said Property. the improvements thereon
and the future owners thereof.
NW. THEREFORE. 2001 hereby declares and grants:
A non - exclusive access. parking and maintenance easement to provide
parking for 30 cars for the benefit of Parcel f4 for the use of a
portion of Parcel 13 described as that area whose northern boundary is
102 feet south of the northern boundary of Parcel 03 and whose
southern boundary is 237 ft. south of the northern boundary of Parcel
/3 and whose western boundary is the western boundary of Parcel /3 and
whose eastern boundary is the eastern boundary of Parcel /3 as shown
on Exhibit E (this property is sometimes herinafter referred to as the
Covenant Property).
This covenant and agreement between the owners of said parcels is
for purposes of vehicular parking and pedestrian travel for entry into
and egress therefrom and shall be maintained.by the owner of Parcel
I3 and used by the owner of Parcel /4. and its successors in interest.
and by the-employees. customers. patrons. and business invitees of the
owner of Parcel /4. The owner of Parcel 13 hereby grants to the owner
of Parcel #4. and to its successors and assigns. an easement in and to
said land so used for access and parking. Said easement shall not be
obstructed in any manner such that ingress and egress is hindered.
The owner of Parcel f3 encumbered by said easement shall be
responsible for maintaining. repairing and replacing the paving.
curbing. landscaping and other improvements to the lend of said
easement in a condition as originally installed or such substitute
13
14
as shall in all respects be equal in quality. use and durability. The
owner of Parcel /4 shall reimburse the owner of Parcel #3 thirty -five
percent (35%) of the costs of such maintenance. repair and replacement
of the paving. curbing. landscaping and other improvements to the land
of said easement provided. however. that the owner of Parcel 04 shall
not be required to reimburse the owner of Parcel 13 for any single
work or contract of maintenance. repair or replacement which costs in
excess of One Thousand Dollars ($1.000) unless the owner of Parcel f4
has first approved such cost in writing. such approval not to be
unreasonably withheld. Failure to approve or disapprove within ten
(10) days after a request has been made shall be deemed an approval.
Notwithstanding the foregoing. the owner of Parcel /3 shall not be
required to wait ten (10) days after a request has been made for the
consent of the owner of Parcel 14 for any repair or maintenance.
regardless of cost. if the owner of Parcel f3 reasonably believes that
an emergency exists or safety will be endangered if the repair or
maintenance is not done.
The owner of Parcel i4 shall also be responsible for the
reimbursement of twelve percent (12x) of real estate taxes paid by the
owner of Lot 03 on the land within Lot 03. In addition. the owners of
Parcel /3 and Parcel /4 shall be required to carry adequate liability
insurance and provide each other with certificates of insurance
showing each other named as additional insureds. Amounts to be
reimbursed hereunder shall be paid within fifteen (15) days after
receipt of a demand therefor. which shall be accompanied by reasonable
explanatory documentation. Such amounts not paid when due shall'bear
interest at the rate of ten percent (10x) per annum from the date due
until paid; and the owner of Parcel f3 shall have the right to enforce
payment by all rights and remedies provided by law. In addition to
the foregoing. if the owner of Parcel /4 fails to reimburse the owner
of Parcel f3 as provided herein within sixty (60) days after written
demand therefor. then the owner of Parcel /3 may. without further
notice. suspend the right of the owner of Parcel i4 to enjoy the
benefits of this Declaration until such time as tbe.._met of Parcel !4
reimburses the owner of Parcel 13 for its share of costs (in
accordance herewith). interest through the date of payment. and the
attorneys' fees and costs incurred by the owner of Parcel /3 in
enforcing its rights hereunder. In the event the owner of Parcel 13
fails to perform the maintenance. repair and replacement
responsibilities imposed by this paragraph. and such failure continues
without cure or the commencement and diligent prosecution of necessary
work to effect such cure for a period of thirty (30) days after
receipt of a demand for such performance from the owner of Parcel 14.
then the owner of Parcel I4 may undertake the work demanded and. in
such event. shall be entitled to all the rights and remedies of cost
and reimbursement provided herein.
If any damages. losses. costs. expenses. suits. attorneys* fees.
or the like (hereinafter collectively referred to as 'Loss' or
Losees'). occur on. about or as a result of the use of the Covenant
Property. the liability with respect to the Losses shall be u
apportioned between the owners of Parcel 13 and Parcel •a. as follows:
..1
C.l
(A) To the extent a Loss was caused by the reckless or willful
act of either. said party shall bear the burden of the Loss;
(E) Other than a willful or reckless act. to the extent a Loss
is caused by the repair or maintenance to the Covenant Property (or
the failure to do either). then the Loss shall be equally apportioned
between the owners of Parcel 03 and Parcel 14;
(C) To the extent a Loss is caused by the act (loss Causing
Act") of either owner. except as specifically provided in Subparagraph
(d) above. then the liability for such Loss. to the extent caused by
the Loss Causing Act. shall be borne by such owner;
(D) To the extent that a Loss is caused by. or results from an
act other than as described in Subparegrapha (A) - (C) above. then the
Loss shall be equally apportioned between the owners of Parcel 03 and
Parcel f4.
The owners of Parcel 13 and Parcel f4 each hereby release the
other and waive their entire right of recovery against the other for
any Loss covered by any applicable insurance policy. regardless of the
cause of such Loss.
This covenant and agreement shall run with the land and shall be
binding upon the owners. and future owners. encumbrancers. their
successors and heirs or assigns.
All written notices and demands of any kind which either party
may require or may desire to serve on the other in connection with
this Agreement may be served (as an alternative to personal service)
by registered or certified mail. Any such notice or demand so served
by registered or certified sail shall be deposited in the United
States sail with postage thereon fully prepaid and addressed to the
party no to be served and delivered to the party.
This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof and may not
be modified. amended or otherwise changed in any manner except by a
writing executed by the owners. and approved by the Director of
Planning for the City of Thousand Oaks.
In the event any one or more of the provisions contained in this
Agreement- shall. for any reason. be held to be invalid. illegal or
unenforceable in any respect. such invalidity. illegality or
unenforceability shall not affect any other provision of this
Agreement. but this Agreement shall be construed as if such invalid.
illegal or unenforceable provision had never been set forth herein and
the some shall be enforceable to the fullest extent permitted by law.
i.a
:.a
�.a
r�
G1
is
14
If any party hereto becomes a party to litigation arising out of
this Agreement or the performance hereof. the court in such litigation
shall avard all costs and expenses. including actual attorneys' fees.
to the party prevailing in said litigation.
2001 HILLCREST PARTNERSHIP
By: Investment Building Group.
General ,Partner
,,
By:
c -/'" r
'
Jack M..Langson. President
By:
David R. Denton.
General Partner
r
Edward T. Dewey.
General Partner
V
�rZ
VZ
CAT. NO. N0400634
j (TCo"fation as a Partner ass a Pannershrpt J TICOR TITLE INSURANCE
r STATE: OF CALII OR \IA
(:OUXT%' OFF Ss.
1 On before me, the undersigned. a Notary Public in knJ for
said Statc, personally appcared
i persunally known to ntc or proved to me on the basis ut satisfactory evidence to be the person who executed
4d the within instrument as the President, and
s
r personally known to me or proved to me on the basis of satisfactory evidence
>t to be the person who executed the within instrumcne-as the Secretary• of
the curporatron that executed the.within instrument on mss_
behalf of
the partnership that executed A:. C
the within instrument, arwd aeknuwledged to me that such ;� • :;A�:, 1 I S_GA: % ,.]s
eorptwation executed the same as such partner and that Sr. q- fi ►:; r: r. C*',:;.
; - �;:•:�aviA J
r Such partnership executed the Same.
I wITNtSS my hand and official seal.
CA
Signature f "is area for a(frcul Notarial waif
CAT. NO. NNOOa]0
TO =t.« CA 41-471 Old TICOR TITLE INSURANCE
(Partnership)
STATE: OF CALIFORNIA
COUNTY OF
1 On before
me. the undersigned, a Notary Public in rind for
Said State, personally appeared
Y
i personally known tome or
•r proved to me on the basis of satisfactory evidence to be
tthe person who executed the within instrument as
i is c• Ai,
___,
of the partners of the partnership
.� -: „ c: ^,A!
� ~
that executed the within instrument. and acknowledged
; r. -,:; r r ro. t •t•roaNrA
to me that such partnership executed the Same.
wITNF.SS my hand and official seal.
{r, a• ��„ •. ::.�.' '.:•+T9
L w: ; ;•r , , •+ tr. -, M3 S. 1979 tr•,
i.
' �
1
Signature
U1
(This area for officul notarial wei)
vi
�rZ
17
141.7 55
EXHIBIT A
.14"
• —40
41 1 qL
ul t�k
6
% r 0. I-At. 1. P Vic-GED
0 0 —6' EASEVAEuT OF UX Le VO4 rCK R,
211
eor.4
ED-50+4 compAin rc
WS5-15ioo•W RAP. W F"IOLC ONES. CO-CUIrb A"Z Nc-m, W- TAL
lborrinWit.- 11WRP105c'.1. 0-cot P104 0
Fq s
viepot -I..
mi --1-\ li 5 SG, %I t It.
11 Ell OUTAIL A
pid:
2
^L)L
-e- 2 IVICIN
1,11 lilt M." 0 0-11
U?
R.CL 11,21or(ot No*
F 0 Y
w. 1 !,0 Ac
VA L 4• \` ';
Vil 'a 2.11 &C
1.06 K.
3 7-37-T Ur 311 ro
3)
-E
jty4l�
C,
'p- I I'll 111
fallot -- L 5EM OETAI es
d s-sr,pr—war— 0
SaIr
if 'I ,� " - ) ,
-- A
0.
Vr OF, GaticIIIAt- u
lo.1I ,loot C.Uiclt Cot
04WIM AND ot-
CID s Pt! R 4074 OR
4 ?5AC
A 2.05 AA=.
(16 1 Ac. pl
<
U
0
ko TAr . ......
YAM 141
13 ut I
Art
c. It c,
RCE 11-CAC-OIC-4 ?
JG p
00. P TAINCeC) Z
LEGEND T 0 1 1 1", i, A
't-ACT 140 7445, eo M Vt. fl. -No 1117 rcbc K
'PlAcy 140 1-:.us1 -I. 411.4 R.•^•A
Ir
dwolr
.117 5 It i
RECCADII:C RF�UF:.'•TFD AY
CONTINLNIAL LAN.' C1 Cl.E -1t l
022030
Recorded at request of and
when recorded mail to: RECORDED IN OMCK RECORDS
CITY CLERK OF VENTURA COUNTY. CALIFORNIA
City of Thousand Oaks i
P. 0. bos 1496 MAR d 1985 AT 8:01 A.M. + I:.:
Thousand Oaks, California 91360 '-"$
RICIiARO D. DEAN. COUNTY RECORDER
71 l /�;l. 5 ;�� .Lu•� Ls C
RECIPROCAL VENICO'LAR AXD PEDESTRIM ACCESS ACREEMENT
W I T N E S S E T N:
A. WHEREAS, 2001 Rillcrest Partnership is the owner of a parcel
of land hereinafter referred to as Lot 3 of Tract #3976 in the City
of Thou End Oaks, County of Ventura. State of California as per map
.:. 3 recorded in Book,., Page `�Z of Maps in the office of the County
i Recorder of said county; and
E. WHEREAS, 2001 Nillcrest Partnership is the owner of a parcel
3—A" g of land hereinafter referred to as Lot 4 of Tract #3976 in the City of
s ' Thousand Oaks. County of Ventura. State of California as per map
recorded in book /&/ , Page Y.Z- of Maps in the office of the County
8 .3 Recorder of said county; and
o-
. 3
C. WHEREAS, NEC Financial Services Corporation has beneficial
interest in a deed of trust on the property described herein as Lot 3
a a !! and Lot 4 which deed of trust was recorded on July 19, 1984. Instrument
+'9 No. 079522. Official Records. County of Ventura; and
P E D. WHEREAS, Continental Land Title Company is the trustee of the
y Y m deed of trust on the property described herein as Lot 3 and Lot 4 which
+ 4; -' deed of trust was recorded on July 19, 1984. Instrument No. 079522.
1z o Official Xecords, County of Ventura; and
E. WHEREAS, Cal American Savings and Loan Association has
beneficial interest in a Second deed of trust on the property described
herein as Lot 3 and Lot 4 which deed of trust was recorded on May 7.
1984,. instrument No. 050047, Official Records. County of Ventura; and
P. WHEREAS. Foundation Capital Corporation is the trustee of the
Second deed of trust on the property described herein as Lot 3 and Lot 4
which deed of trust was recorded on May 7. 1984 instrument No. 050047.
Official Records of the County of Ventura; and
C. WHEREAS. An application was submitted to the City of Thousand
Oaks. by 2001 Nil lcrest Partnership for permission to develop Lot 3
and Lot 4 and as a condition to approval of the proposed development
the City of Thousand Oaks required the parties set forth above to
enter into this agreement and to record it.
ze
2i
NOW. THEREFORE. in consideration of their mutual covenants and
conditions. the parties hereto for themselves. their successors,
assigns. legal representatives. future encumbrancers. executors and
administrators. agree as follows:
1. The owner of Lot 3 hereby grants to the owner of Lot 4 for
the benefit of Lot 4 a nee- exclusive easement. license. right and
privilege over that portion of Lot 3 particularly described and shown in
Exhibit "A" for vehicular and pedestrian access for the use of the
customers. invitees. licensees. sub - tenants and coacessioaaries of the
owner of Lot 4 and its lessees, for ingress to and egress from that
j portion of Lot 3 for the passage of vehicles and pedaatrians.
i
1 2. The owner of Lot b hereby grants to the owner of Lot 3 for
the benefit of Lot 3 a non - exclusive easement. license. right and
privilege over the vehicular and pedestrian access of that portion of
s Lot 4 particularly described and shown in Exhibit "A" for the use of !
their customers. invitees. licensees, sub- teaaots and concessionaries of
the owner of Lot 3 and its lessees. for ingress to and egress from that
portion of Lot 4 for the passage of vehicles and pedestrians.
3. The non - exclusive easements. licenses, rights and privileges
granted herein are for the benefit of the Lots described herein and
shall run with the land. This agreement shall be recorded.
4. The non - exclusive easements. licenses. rights and privileges
herein granted by each of the parties hereto to the other party shall
terminate by the mutual written agreement of the parties hereto or
their successors in interest and upon written approval by the City of
Thousand Oaks.
EXECUTED this flo 'day of To+•.r.a► 1985.
2001 $ILLCREST PARTNERSHIP'
a California Limited Partnership
By: Investment Building Croup ,
a California corporation
"Ceneral Partner" Q
N
N
•Jack K. Langson. President W
By:
David R. Dentoo. 'Ceneral Partner"
M. fW- 1. 1- TAGGED
CAL IF<>K*41^ O� 4e,
41F r j
64EM OR T"
5CCk4G
25SG mcm.
'o .4 a. - . 0
25
o
4T. 4
VICINITY MAP
V5 ro CA* I.vp TAGGED SCALD : V- @CC-jo*
10 STAkCIA1 -aUWVeV
0
2.11 Ac. V4 5 fft-vt Pit&.
4
1.61 AC.
or
1A
5r=12 DETAIQ Ls. T504 I I.K •
d rialn"t . I
$464t. aw w w
Of $I LT LI'Jf- 55' EASEOAFENT Of Gf%le"AL
TELeP%-0*4e cA>%Avpj►*4,c FOR eir-asit OR
acTM ploo-r- Lwke7. cowoulls AND N4-
Ckor-w-.&L ruotpo'-%es PER
Ar--
FD. I•n• 1. r-
'.0
$43.54, 1
7
--X
IA,
R c E. 156AC. �VK 4'2 42'
FD. 1 -LP TAC�Cm ED N-1 ?I tA Ira 14
• L--v 2777-MR-Wr-
uj
GRAPUC 5CALP-
SC.^4- fi : V. 100
T ACT 7ra
IN THE CITY OF THOUSAND OAKS
COUNTY OF VENTURA, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF NORTHEAST
QUARTER OF SECTION 12. TOWNSHIP I NORTH, RANGE 20
WEST. RANCHO EL CONEJO. PER MAP RECORDED IN BOOK
I PAGE 746 OF DEEDS, RECORDS OF VENTURA COUNTY.
APRIL 1964
4.,.Y 2:
JOCL SOLVIERMA" L ASSOCIATES
Z03CO v(•-TumA SLWO wOOOLAftO ..ILLS CAL1fO0Ift1A 14)64
Exhibit "A"
(cont.)
..o
0
O
O
L
22
CAT. NO. MN0Oa30
TO 219. CA 41_431 A� TICOR TITLE INSURANCE
(partnenhip)
STA1 F OF (CAI IFOKNIA t �
COt:XT \• Ol- 1 -os Angeles `
on January 16. 1965 before me. the undenquwJ• a Notary Public in and for
vod State. pen+rnail% appeared David R. Denton
pcnonady known to one or
praoonJ to me on the burs of satisfactory evWcace to be
the prMon _ Who executed the within instrumxnt as
one of the partners of the partnership
that executed :he within instrument. and acknowledied
1.1 me that such partnership executtJ the same.
%!TNFSS my hanJ anJ ailfieW w3l-
Signature �^
CiFFICIAI. SEAL
SFiARON A KING
o NOTAW pMoC - CAIX0Q A
((it wn,s CnuRTT
r s, of .«sr+ ear -+ frrG ». Has
022030
(This area fw Wsicid ae"faal ar+N l
CAr do M«oosx
TO 211"4CA i1 071 TICOR TITLE INSURANCE
ti w
1 Katn as a Partner of a Partnership)
STATE: OF CALIFOK \IA
COUNTY OF Los Angeles SS.
1 On January 16. 1985 before me• the undcru gncd, a Notary Public in and (tw
said State, perwnally Appeared Jack M. Langson
i pcnonAly knooan to me or prtwed to me on the basis of satisfactory• evidence to be the perwin who executed
+ the within instrument as the - ----- --- ----------- President, and
t
brnY opf t si>ce.wre�+Acrne
i cure' uRd- rh � xr
tnthnreery ++ra --- ---- ----
me
sf+�-----"- --- -- Secrctar)- Of
Investment Building (:roue
the corporation that executed the with n instrument on I
! behalf of 2001 Hillcrest Partnership
the partnership that executed OMCIAL SEAL
the within instrument. and acknowledged to me that such � $NARAN A KING
corporation vxceuteJ the same as such partner and that i NOTUrr ouet#C - Cxt1VCQN A6
�.- s
such partnership executed the same.
WITNESS my hand and official seal. 1 vr'� W a�a rear -s AM :7. Ills
022030
Signature (phis area for o11KYg nuaw i wdl
1
tq
GlenHaven
- CUL -DE- SAC /KNUCKLE /DEAD END STREET -
AT WESTERN END OF INGLEWOOD AVENUE
Our engineer, Widmer & Associates have prepared
sketches showing the two suggested alternatives for the dead
end at the westerly terminus of Inglewood Avenue as shown on
the recorded map.
Sketch "A", showing the "knuckle" connection to
Cloverdale Street, shows a fairly severe impact on the lot at
4305 Cloverdale,..removing a strip across their front property
line which is about nine feet deep at its maximum. This
knuckle would also interfere with an existing catch basin
located at the southeast corner of the lot at 4305 and would
extend into the southeast corner of the adjoining lot as well.
Sketch "B ", showing the Cul -de -sac approach shows the
Cul -de -sac bulb extending approximately forty feet into the
fronts of lots #1 and #2, in addition to creating two somewhat
unusable triangles of land, one at the side of 4305 Cloverdale
and one at the front of lot #1.
In a meeting with Mrs. Linda Todd, owner of the
property at 4305 Cloverdale on December 22nd, 1986, Mrs. Todd
stated that she did not like the idea of the "knuckle" or the
concept of the Cul -de -sac. She would much rather see the
street terminate in a dead end as originally plotted.
EXH213 =T " 4 T•
601 Daily Drive Camarillo, California 93010 (805) 987 -9769
ZS
Tom Wolfington of Widmer & Associates who has been
involved with this tract since before it was recorded, is of
the opinion that the termination of Inglewood in a dead end
is the best and most efficient use of the land involved. He
has conferred with John Knipe of the City Engineers office who
appears to be of the same opinion.
Obviously, G1enHaven would like to see the dead end
design be retained, as it has been for an identical situation
on E. Mesa Verde Drive three blocks to the north, inasmuch as
it will maximize the land use for lots #1 and #2 and will not
adversely impact the existing homes on Cloverdale. The widen-
ing of Inglewood.Avenue. to a full 40 ft. will allow room for
street sweeping and maintenance, will not create unusable
triangles of land, and by being used for daily access to drive-
ways of lots #1 and #2 will discourage any improper or illegal
usage.