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HomeMy WebLinkAboutAGENDA REPORT 1989 0719 CC REG ITEM 08LMOORPARK STEM S• �-• ELOISE BROWN rPK C. STEVEN KUENY Mayor o�� c9 City Manager BERNARDO M. PEREZ MOORPARK, CALIFORN ; CHERYL J. KANE Mayor Pro Tem City Co ncil Meeting City Attorney CLINT HARPER, Ph. D. - PATRICK RICHARDS, A.I.C.P. Councilmember of 19 Director of PAUL LAWRASON 'o Community Development Councilmember ACTION ' *•o ��`�� R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer ey M E M O R A N D U M TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: July 12, 1.989 (CC meeting of 7/19/89) SUBJECT: PLANNED D.F.VELOPMENT PF.RMTT NO. PP-1041 (GRIFFIN HOMES) -- MINOR MODIFICATION NO. 5 BACKGROUND The applicant, Griffin Homes, has requested an amendment to Minor Modification No. 3 which was originally approved to amend Condition No. 28 of Resolution No. 86 -275. Minor. Modification No. 3 allowed occupancy up t:n the 21.7th dwelling unit pr.ovi.dod that the public: park. wi.tlii.r.. Tract 3963 was open to the public. The ori.g:inal. Condition No. 28 required Griffin Homes to have the public park upon prior to the issuance of the 245th zone clearance. DISCUSSION Griffin Homes is requesting that the amendment to Condition N(-.). 28 as modified by Minor Modification No. 3 he changed to allow zone clearance (building permits) up to the 351st. dwe 1 1 ing unit. At t:he present: time Griffin Homes has been issued 351 zoning cloarnncPs. Griffin. Homes has provided a lr-.t.l.e.r (see attached) which gives background regarding the continued nood for changes in e-ither occupancy or zoning clearance numbers assoc"ated with the. pub 1.i.c park construction. Also, included i n Gr i f F i n ' s .Tuly 1.1_th l.et: ter is a park construction schedule. This scheduled identifies that they park will be open to the public November 1.5, 1989. However, recent informt.i.on leads staff to Pxpect an opening to the public on December 1, 1 9811 . 799 Moorpark Avenge Moorpark, Califomia 93021 (805) 529 -6864 I'D 106.1R;C1lRONT. P.1R: DST: DR: F11 ::Ca9: DR: f.rl. July 12, 1989 . page 2 Although Minor Modification No. 3 was approved, there were a number of conditions imposed on the applicant (see Exhibit A of Minor Modification No. 3 attached). Should Minor Modification No. 5 be approved, it is staff's intent to carry forward those conditions from Minor Modification No. 3. This request by Griffin Homes will allow the occupancy of up to 351 homes within the total 484 dwelling units prior to the park being open to the public. At this time 21.5 homes have been occupied leaving an additional 136 for future occupancy pr.i.or to the park being open to the public under this latest modification proposed. The park plans and construction schedule have been submitted to the City. There does not appear to be any constraints at this time for the completion of the park according to schedule. This application for a modification has been reviewed by the Director of Community Development and has been deemed to be minor and will be approved subject to Council's review of the matter. Should Council disagree with the Director's intentions they may set this matter for a hearing to determine appropriate action. The Council can also suggest that certain conditions be imposed as part of the approval of a Minor Modification. If the Council takes no action on this matter, the Director's decision will stand. RECOMMENDED ACTION Receive and file. Attachments: July 11, 1989 letter from Elaine Freeman Public Park Construction Schedule Minor Modification No. 3 with Exhibit A MOORPARK, CALIFORNIA City Council Meeting of _ 198_ ACTION: BY PD1041B /CHRONI PJR:DST:DR:FM::CM:DR:crl q-5 Griffin 2 Homes WESTERN REGION July 11, 1989 Patrick J. Richards, Director of Community Development City of Moorpark 799 Moorpark Ave. Moorpark, Ca 93021 S>>hject: Minor modification to modified condition for completion of pulic park - Tract 3963 Dear Pat: As a back ground to this request, when Tract 3963 was approved on February 18, 1989, condition 28 established certain dates for the public park. The condition also included approval of the develo_unent plan by the City Parks and Recreation Commission. The Parks and Recreation Commission approved the plans which were subsequently signed by Michael Rubin. Construction on the park began with the intent to comply with the schedule which stated prior to issuance of the 245th zone clearence the park improvements shall be completed and the park opened to the public. During imlitiation park construction it was determined that not all plan check approvals had been received. The plans were resubmli_tted along with a plan check fee in the amount of $10,000. Because of the delay in completion, it was necessary to modify the schedule. The condition was modified in February 1989 to have the park completed prior to occupancy of the 217th unit. This change adjusted from obtaining of building permits to occupancy of basically the same homes. Since the plan check submittal, there have extensive numbers of meetings both at the City and in the field with the City's Plan Checker, Weldan and City Staff. It appears that the plans have been finalized and a final schedule for completion defined. It is requested that the modified condition be further modified as follows: To have the completion of the park prior to issuance of the 351st zone clearence. The 351st zone clearence is the first unit in phase 4. This should allow adequate time for Griffin Homes staff to complete the work and for the landscaping to reach a maturity for public use. 24005 Ventura Boulevard. P.O. Box 981C Calabasas. California 91302 (818) 992 -6900 THE `�USTOI.S; R CAM C, .,'.'1 IAN Y 4 If you have any questions, please do not hesitate to call. Thank you for consideration of this request. Very truly yours, IFFIN HOMES lko- la ne L. Freeman /rt Attachment: 5 PUBLIC PARK CONSTRUCTION SCVMJ E Landscape C6mplete 9 -15 -89 Open to Public 11 -15 -89 Start Couplete Stake for Grading 7 -17 7 -20 Grading 7 -21 8 -4 Stake for drainage 8 -7 8 -8 Install structrues & drainage 8 -9 8 -18 Block Walls & Pilasters 8 -7 8 -11 W.I. Fence on walls 8 -14 8 -18 Irrigation & Landscape 8 -21 9 -15 Landscape C6mplete 9 -15 -89 Open to Public 11 -15 -89 C CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL OF MINOR MODIFICATION To Residential Planned Development Permit No. 1041 Minor Modification No. 3 filed by GRIFFIN HOMES was APPROVED by the Director of Community Development on February 10, 1989 for an amendment to Condition No. 28 of Resolution 86 -275 to read "Prior to occupancy of the 217th dwelling unit, all park improvements shall be completed and the park shall be open to the public as approved by the Director of Community Development as subject to the conditions attached as shown on Exhibit "A" on land located within Tract 3963. California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It -has been determined that this project is categorically exempt from CEQA requirements as a Class 5 exemption for minor alterations. Qrdinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 8163 -3, in that a. The proposed uses would be consistent with the purpose, intent, guidelines, standards, policies and provisions of the City's General Plan and Ordinance Code; b. The proposed uses would not impair the integrity and character of the zone in which they are located; C. The proposed uses would be compatible with land uses permitted within the General Plan land designations and the zones in the general area where the uses are to be located; d. The proposed uses would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; and e. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare. Appeals: As stated in Section 8163- 4.1.3, within fifteen calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Department of Community Development who shall set a hearing date before the Planning Commission to review the matter at the earliest convenient date. Zoning Clearance and Building Permit: Upon the expiration of the fifteen day appeal period and upon completion of the "prior to zoning clearance" conditions, a Zone Clearance may be obtained from the Department of Community Development and a Building Permit may be applied for from the Ventura County Division of Building and Safety. CITY OF MOO P at atrick J. 'chards Director o ommunity Development cc: City Council Planning Commission City Manager City Attorney City Engineer Building & Safety Fire Dept. Sheriff's Dept. 6 EXHIBIT "A" Conditions of Approval for Minor Modification 1. That the park maintenance agreement shall be consistent with existing City Park maintenance standards and agreements for newly installed 1 facilities. Including, but not limited to the following: a. one year maintenance period; b. watering schedule; C. irrigation and plant material repair; d. chemical treatment schedule; e. lighting maintenance. 2. That the maintenance of the Campus Canyon Park shall be generally consistent with the provisions of the City for a new park within the City. 3. That park construction will begin no later than March 1, 1989 and be completed to plan specifications and City approval no later than April 15, 1989. 4. That the existing fence along Collins Drive shall be modified to provided two courses of slumpstone block at it's base (color to match existing within TR -3963) with wrought iron atop. Minimum fence height of five (5) feet. Maximum fence height six (6) feet. That three, four (4) foot wide openings shall be provided at apl , oved City locations. That the fence shall be created with an off -set design to be approved by the City. Pilasters are to be set every twenty (20) feet and no greater than every thirty (30) feet. 5. That the City shall determine when the one year maintenance agreement 1 starts for the Campus Canyon Park, and that such decision shall be J predicated upon percent of seed germination, number of turf mowings and time periods between mowing plus the fact that the park is open and useable to the public. 6. That this Minor Modification does not become effective until which time Griffin Homes accepts in writing all of the conditions associated with this modification and delivers to the Director of Community Development a letter to that effect.