HomeMy WebLinkAboutAGENDA REPORT 1992 0520 CC REG ITEM 09At
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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
JRPARK, CALIFORNIA Angeles Avenue to Peach Hill Road.
(-' ty Cpuncil Meeting
e With the approval of the City Engineer the top 1 1/2 inches of
�� MOORPARK, CALIFORNIA
P -ring may be omitted from this requirement. Cltycou aeetln M
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of
ACTION:
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PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PERK ROY E. TALLEY JR.
May M Pro Te Councilmem Councilmember Councilmember
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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.
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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
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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 staff 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:
01:07:92 112:07pM. \STFRPT.CC 4
Vesting 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 --ma`az' f fed to be 26 feet r4de .
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, te two westbeund lanes plias 10 feet
ana an >B .. I side r�lk Right 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
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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
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