HomeMy WebLinkAboutAGENDA REPORT 1986 0407 CC REG ITEM 07E 74E-
JAMES
D. WEAK STEVEN KUENY
Mayor .�/ City Manager
THOMAS C. FERGUSON ' CHERYL J. KANEMayor Pro Tern City Attorney
ALBERT PRIETO ��!I�
eat.
RICHARD MORTON
Counc
J �y\� Director of
�
DANNY A. WOOLARD • Community
Councilmember N. Development
LETA YANCY-SUTTON _magt R. DENNIS DELZEIT
Councilrnernber City Engineer
DORIS D. BANKUS JOHN V. GILLESPIE
City Clerk VIEMOFt.ANDZJM Chief of Police
THOMAS P. GENOVESE
City Treasurer
T O : The Honorable City Council
FROM : Steven Kueny, City Manager,2
DAT E : April 4, 1986
S Lig J E C T : Proposed Development Agreement with Urban West Communities
for Planned Community No. 3
BACKGROUND
The attached report dated March 24 1986 to the Planning Commission provides
the background and synopsis of the proposed Development Agreement. On
March 26, 1986, the Planning Commission considered the proposed Development
Agreement at a public .hearing. Approximately sixteen (16) persons addressed
the Commission. In addition, six letters and one petition containing 110 signatures
were made a part of the record. Copies of these documents have been provided
to you previously.
The Planning Commission, during their deliberations, voted 4 - 1 (Hartley dissenting)
to recommend to the City Council that Paragraph 1.G Fees for the Improvement
of the Community Park be modified to allow the City Council to use the money for
the installation or construction of community-related park facilities at sites other
than the Community Park in PC-3. Commissioner Hartley's objection was based
on his concern that any diversion of funds from the Community Park site could
delay or limit its development. The Planning Commission adopted, on a 5 - 0
vote, Resolution No. 86-92, in which
1. They made findings that
(a) the PC-3 Final EIR adequately covers the impacts of the
Development Agreement and that, pursuant to State CEQA
Guidelines, they received and considered the information
contained in that document; and
(b) the provisions of the Agreement are consistent with the
General Plan and City Ordinance No. 59.
799 Moorpark Avenue Moorpark, California 93021 (805)529-6864
The Honorable City Council
Page 2
April 4, 1986
2. The Planning Commission recommended that the City Council approve
the Development Agreement subject to the aforementioned modification.
On April 2, 1986 the Parks and Recreation Commission made two recommendations
concerning park-related items contained in the Development Agreement:
1. That 10% of the funds not to. exceed $138,000 in paragraph 1.G
could be used for community-type park facilities at any of the
three (3) neighborhood parks within PC-3; and
2. That the access road to the Community Park, as provided for in
Paragraph 1.E, be installed earlier than three (3) years if the
City determined it was necessary. As a trade-off, $300,000.00
(the estimated value of the road) of the second payment provided
for in Paragraph 1.G would be delayed by the same amount of
time as the road is provided earlier than three (3) years from
the Effective Date of the Agreement.
The Parks and Recreation Commission, on a 5 - 0 vote, recommended approval
of the Development Agreement.
Urban West Communities and City staff concurred with the changes recommended
by the Parks and Recreation Commission and those changes have been incorporated
in the proposed Development Agreement document.
In addition to the aforementioned changes, a few other changes have been made to
the proposed Development Agreement since the Planning Commission hearing.
A copy of the Development Agreement with those changes is attached. Those changes
include the following:
1. The previously mentioned Parks and Recreation Commission recommenda-
tion which modify Paragraphs 1.E and 1.G. (p. 6 and 7)
2. Additional language in Paragraph 1.H (p. 8 & 9) that recognizes the
need to acquire temporary and/or permanent rights-of-way for
construction of the bridge and Tierra Rejada Road and median
north of the bridge prior to the start of construction. The City
and Urban West Communities are continuing to cooperate to acquire
the necessary property.
3. Paragraph 3.B (p. 15) clarifying that the Director of Community
Development has the authority to determine what is a minor
modification.
4. Paragraph 5.E (p. 19) clarifies that any agreement relative to
water/sewer availability shall be in the form used by the City at
the time a final map is submitted to the City.
5. Paragraph 7.0 (2)(a) (p. 24) provides that in the event of judicial
invalidation of the Development Agreement, the Developer would
still construct the access road to the Community Park. This pro-
vision was inadvertently left out of the previous draft of the
Agreement.
The Honorable City Council
Page 3
April 4, 1096
RECOMMENDED ACTION:
1. Find that the environmental effects discussed in the EIR prepared for
PC-3 and the Development Agreement are similar enough to warrant the
same treatment in an EIR, and certify that the PC-3 Final Environmental
Impact Report adequately covers the impacts of the Development Agreement,
and pursuant to State CEQA Guidelines, that this body has reviewed and
considered the information contained therein.
2. Find that the provisions of the agreement are consistent with the General
Plan and City Ordinance No. 59.
3. Approve, approve with modifications or deny the Development Agreement.
if the Development Agreement is approved, introduce an Ordinance to that
effect.
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