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HomeMy WebLinkAboutAGENDA REPORT 1992 0415 CC REG ITEM 09CMOORPARK. CALIF -0 MA ffE o °� em • Clfy Coun 11 tv;:. _ ;:r " �� vI00APA A K // / 799 Moorpark Avenue Moorpark, California 93021 805 5 9 -6864 L4 MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: January 7, 1992 (CC meeting of February 5, 1992) SUBJECT: VESTING TENTATIVE TRACT MAP NOS. 4785 AND 4786 ON THE APPLICATION OF C.T. FINANCIAL Background A public hearing was held by the Planning Commission regarding the above captioned projects on December 16, 1991. The public hearing on these Vesting Tentative Tract Maps was continued to January 6, 1992 to allow staff to revise language changes to conditions of approval for the Vesting Tentative Tract Maps that had been agreed to between the applicant and staff. On January 6, 1992, the Planning Commission approved Resolution No. 92 -255 recommending to the City Council approval of Vesting Tentative Tract Map Nos. 4785 and 4786 with the staff recommended verbiage changes to the conditions of approval. Discussion At the public hearing on the above captioned projects held before the Planning Commission on Monday, December 16, 1991, the applicant's attorney, Mr. Alan Camp brought up several questions relating to certain conditions of approval. The following are those conditions Mr. Camp has concerns with: Condition No. 57 for VTT4785 and VTT4786. * Prior to transfer of title by sale or the lease of any lot within this tract, the following streets shall be completed with the possible exception of the top 1 -inch of paving: Peach Hill Road; New Los Angeles Avenue (widening); and Science Drive from New Los Angeles Avenue to Peach Hill Road. With the approval of the City Engineer the top 1 1/2 inches of paving may be omitted from this requirement. 01:07:92112:07pmA:\STFRPT.CC 1 PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember -t- Mr. Camp's Comment: This condition precludes the applicant's ability to sell or lease the property and that since there is no public safety or welfare issues involved that this condition is outside the City's ability to impose. Condition No. for 60 VTT4785 and VTT4786. * The subdivider shall pay the appropriate contribution to the Tierra Rejada /Moorpark Area Of Contribution fund. The actual deposit shall be the then current rates for each of the Area of Contributions at the time of Final Map approval. Credit shall be given to the subdivider for the following work that he performs: Spring Road Bridge at Arroyo Simi. The subdivider shall be credited for the West parapet and West bridge shoulder and any lanes in excess of two twelve foot traffic lanes and one four foot bike lane (as approved by the City). The subdivider shall be credited for all street improvements West of the final center line plus one half of the temporary traffic control. The subdivider shall be credited for one half of the design costs as approved by the City. Mr. Camp's comment: He indicated that a municipality cannot collect fees until an impact is created and after the impact is created, the fees can be collected at the time the building permits are issued or prior to the issuance of a Certificate of Occupancy. Condition No. 63 for VTT4785. * The subdivider shall cause the preparation of plans, specifications and estimate for the reconstruction of the Spring Road bridge at Arroyo Simi. The design shall provide for full service (including approaches) during a 100 year design storm. The design shall include a twelve foot traffic lane with a four foot bike lane and a six foot sidewalk on each side of the centerline of the bridge. An alternate design shall be provided that adds two more twelve foot lanes (including approaches) on one side. Right of Way dedications will be made by the subdivider as necessary to accomplish the complete design plus the alternate. The subdivider shall construct the bridge system and provided that it is complete and open to traffic before any occupancy permits are granted within the subject tract or within five years from the date of the recordation of the map, which ever occurs first. 01:07:92 112:07pmA:\STFRPT.CC 2 Mr. Camp's comment: With the requirement for the developer to provide Science Drive, which is a north /south connector between Tierra Rejada Road and New Los Angeles Avenue, there is no need to require that Spring Road be widened. Therefore there is no nexus for imposition of this condition of approval. Condition No. for 75 VTT4785 and VTT4786. * The subdivider shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. Mr. Camp's comment: He stated that the imposition of this condition violates the applicant's due process rights, and that it should be eliminated. Condition No. for 77 VTT4785 and 76 for VTT4786. * The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall include provisions for all off -site improvements along the entire frontage of New Los Angeles Avenue, Spring Road from Peach Hill Road to the north side of the Simi Bridge, Peach Hill Road from Spring Road to Science Drive and Science Drive from New Los Angeles Avenue to Peach Hill Road to include all roadway and typical right -of -way improvements. Prior to the issuance of the first occupancy clearance or building permit final for any building on any lot within Tract 4785, the subdivider shall have physically installed all roadways noted above including those roadways and right -of -way improvements noted above occurring outside the boundary of and extending within Tract 4786. For those improvement costs noted above, the City shall condition the adjacent subdivider /property owner, or future subdividers of Tract 4785 to reimburse the initial subdivider of the first lot within Tract 4785 from those costs at the time of development pursuant to applicable provisions of the State Subdivision Map Act and /or incorporate said tracts into the Moorpark Road /Tierra Rejada Road or New Los Angeles Avenue Area of Contribution, or any successor of 01:07:92 112 :07pM:\STFUT.CC 3 complementary or supplementary method comparable to the existing Area of Contribution mechanism. In the event that another subdivider has a surety in place with the City for this purpose, this requirement or the appropriate portion thereof is suspended so long as the other surety remains in place. The above off -site roadway and right -of -way improvements shall be accomplished in accordance with the approved Carlsberg Specific Plan. Mr. Camp's comment: He stated that requiring improvements for the entire area at this time is contrary to how other developers are conditioned in that development pays for, or constructs infrastructure improvements on an incremental basis when the improvement needs to be completed, not at the time a large lot subdivision is approved. This would be consistent with how the City has handled the Urban West and Griffin developments in the past. Condition No. for 91 VTT4785. * Phase one (TR 4785) shall complete Science Drive from Los Angeles Avenue to Tierra Rejada Road or from Los Angeles Avenue to Peach Hill Road prior to combustible construction. Mr. Camp's comment: He was of the opinion that City staf f modified the verbiage of the Fire Department's condition of approval. Staff Comment: The Fire Department wording as indicated in the above condition has not been modified by staff. The applicant provided a letter to the Planning Commission dated January 2, 1992 (attached) regarding the revised conditions of approval for both of the Vesting Tentative Tract Maps indicating the conditions for which the applicant was unable to reach agreement with staff. At the Planning Commission on January 6, 1992, Mr. Tankersley indicated that the conditions for the Tract Maps do not allow for phased recordation which he believed to be not consistent with the approved Specific Plan, that there was no provision for phased construction of the infrastructure, and that the sale of any parcel within the two tracts was precluded until provisions were in place for the completion of all of the infrastructure (see background information in Planning Commission staff report dated December 19, 1991). On January 27, 1992, the City Engineer indicated that upon further review of the conditions for these Vesting Tentative Tract Maps, modifications should be made to condition No. 55 of VTT 4785 and condition No. 63 of VTT 4786. The modifications are shown on the following page in legislative format: 01:07:92112:07pM:\STFRPT.CC 4 Vestina Tentative Tract Map No. 4785 55. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. The applicable Ventura County Road Standard Plates are as follows: a. Peach Hill Road shall be per Plate B -4A as modified below. b. New Los Angeles Avenue shall be per Plate B -2A with the median ffiedifled te be 26 feet ifide. C. Spring Road shall be per Plate B -2B with interim right -of -way modified per x- section "A" of Exhibit 9 of the Carlsberg Specific Plan. d. Science Drive from Los Angeles Avenue to 750 feet south shall be per Plate B -2B with the median modified to be 28 feet wide and the right -of -way modified to be 108 feet wide. Science Drive from 750 feet south of Los Angeles Avenue to Peach Hill Road shall be per Plate B -2B with pavement widths modified to be 20 feet wide and the interim right - of -way to be modified to 67 feet wide. Vesting Tentative Tract Map No. 4786 63. The subdivider shall widen the North side of Tierra Rejada, adjacent to the project, and shoulder, anti an ;,3 EoQt 51C#QwdLK Hignt turn storage lanes with right of'way dedications shall be provided at all locations along the Tierra Rejada Road frontage where right turns are permitted. NOTE: THE PROCESSING EXPIRATION DATE FOR THESE PROJECTS IS FEBRUARY 21, 1992. Recommendations: 1. Open the public hearing and accept public testimony. 2. Determine that the environmental effects discussed in the EIR prepared for the Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the subsequent use of the EIR, that the EIR for the Carlsberg Specific Plan pursuant to Section 15162 of the California Environmental Quality Act Guidelines, and 01:07:92112:07pmA:\STFRPT.CC 5 certify that this body has reviewed and considered the information contained in the EIR and the Mitigation Monitoring Program prepared for these entitlement projects prior to approving the Vesting Tentative Tract Maps. 3. Make the appropriate findings for each of the entitlements as listed in the Planning Commission staff report dated December 1991. 4. Direct staff to prepare resolutions approving the requested Tentative Tract Maps with Council directed changes to the Conditions of Approval, for presentation at the City Council's next regular meeting of February 19, 1992. Attachments: 1. Planning Commission Resolution No. 92 -255 2. Planning Commission staff report dated December 19, 1991 3. Planning Commission staff report dated December 2, 1991 4. Letter from applicant to Planning Commission dated January 2, 1992 5. Carlsberg Specific Plan 6. Final Environmental Imapct Report for the Carlsberg Specific Plan 7. Vesting Tentative Tract Map Nos. 4785 and 4786 Pjr/PP 01:07:92112:07pmA:\STFRPT.CC 6