HomeMy WebLinkAboutAGENDA REPORT 2010 0217 CC REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
of oZ -17-020/0
ACTION:
BY:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Dire or�9
Prepared by Joseph Fiss, Principal Planner
DATE: February 5, 2010 (CC Meeting of February 17, 010)
SUBJECT: Consider Resolution Approving Modification No. 1 to Residential
Planned Development (RPD) No. 1998-01, a Request to Relocate the
Required Recreation Center from Vesting Tentative Tract Map No.
5425 to Tract Map No. 5133, Located on the South Side of Los
Angeles Avenue at Millard Street, on the Application of Shea Homes,
Inc.
BACKGROUND
On July 13, 2009 Shea Homes, Inc., submitted an application for a Modification to the
original conditions of approval of RPD No. 1998-01 to relocate the required recreation
center from Vesting Tentative Tract Map No. 5425 to Tract Map No. 5133, located on
the south side of Los Angeles Avenue at Millard Street. The City Council opened a
public hearing on this application on December 16, 2009, and continued the matter to
January 20, 2010 at the request of the applicant to allow the staff and applicant
additional time to discuss staff concerns and recommended conditions. The continued
public hearing on January 20, 2010 was continued again to February 17, 2010 at the
request of the applicant. No testimony was provided on either date. As a result of
discussions between the applicant and staff, the applicant is now proposing to locate
the recreation lot for both Tract Map No. 5133 and Vesting Tentative Tract Map No.
5425 within the boundaries of Vesting Tentative Tract Map No. 5425, north of an
extension of Majestic Court and east of Tract Map No. 5133 (location map attached),
centrally located for both subdivisions. This staff report and the recommended
conditions in the attached resolution have been updated based on discussions with the
applicant. Because of the new location, area property owners have been re-notified
(copy of notice attached) of this open and continued public hearing with a map showing
the new proposed location.
1
Honorable City Council
February 17, 2010
Page 2
DISCUSSION
Permit modifications may be considered for any proposed change that is not extensive
enough to be considered a substantial or fundamental change in the approved
entitlement or use relative to the permit, would not have a substantial adverse impact on
surrounding properties and would not change any findings contained in the
environmental documentation prepared for the permit. Action on a permit modification
application is taken by the decision-making body that approved the original permit by
the same process and public noticing as required for the original project application. In
this case, the City Council was the original decision-making body of the RPD, through a
noticed public hearing process.
The City Council adopted Resolution No. 99-1666 on October 6, 1999, approving
Tentative Tract Map No. 5133 and RPD No. 1998-01 for 79 residential duplex
condominium units. This project is known as Canterbury Lane, or "Canterbury 1". The
recreation area was approved at the northeast corner of Majestic Court and "A" Street
(now Millard St.), and conditioned for a tot-lot to be allowed in Arroyo Simi area if
permitted by the Ventura County Watershed Protection District (VCWPD) and
Community Development Director. An unnumbered and unlettered condition was
included between Condition No. 33 j and k (Page 52 of Resolution No. 99-1666) as
follows:
" The size of the recreational area shall be increased pursuant to Staff Altemative 'B"
and shall contain a pool minimum surface area of 1,000 sq. ft.), spa, wading pool, deck
area, tot-lot, and building containing restrooms and a meeting room. The design of the
recreation facility, fencing and equipment proposed for the tot-lot shall be as approved
by the Director of Community Development. The tot-lot may be located on Ventura
County Flood Control property if approved by the Ventura County Flood Control District
and the Director of Community Development."
Attachment No. 3 shows a recreation area of 95 feet by 70 feet (6,650 square feet) as
originally approved, with no on-site parking. It does not show the precise location of the
tot-lot.
On June 14, 2002, Minor Modification No. 2 was approved by the Community
Development Director. The proposed tot-lot in the Arroyo Simi floodway area was not
approved by the Ventura County Flood Control District (now Watershed Protection
District) and was relocated across the street from the recreation area south of Majestic
Court, east of"A" Street (Millard St.) on a 36' by 70' (2,520 square-foot) lot as shown on
Attachment No. 4.
Minor Modification No. 3 was approved by the City Council on July 2, 2003. The
recreation area was relocated to be in the vicinity of lots 46, 47 and 48 on the northeast
corner of Majestic Court and Millard Street or outside the project boundaries
(Attachment No. 5) on what would become Vesting Tentative Tract Map No. 5425
S.\Community Development\DEV PMTS\R P D\1998-01 Shea 1 Wlod 1\Agenda Reports\cc agenda report 10 0217 doc 2
Honorable City Council
February 17, 2010
Page 3
(Canterbury II), with precise siting, subject to the approval of the Community
Development Director. The latter described area is the area currently proposed for the
recreation area to serve both Tract Map No. 5133 and Vesting Tentative Tract Map No.
5425. A precise site plan and design for the recreation area under Minor Modification
No. 3 was never submitted as processing of the adjacent Vesting Tentative Tract Map
No. 5425 had begun. This new project proposal included a single recreation area to
serve both (then) Tentative Tract Map No. 5133 and Vesting Tentative Tract Map No.
5425.
Residential Planned Development 2003-02 and Vesting Tentative Tract Map No. 5425
were approved by the City Council on April 6, 2005 for 102 dwelling units. This project
was intended to be a continuation of the Canterbury Lane project and was known as
"Canterbury II", with the same product type, and the same Homeowner's Association
(HOA). A condition of approval was included to develop a 15,405 square foot recreation
area at the southeast corner of the site, adjacent to the Arroyo Simi (Attachment No. 6),
that would meet the needs of 179 dwelling units (77 from Canterbury I and 102 from
Canterbury II), and the requirement for a recreation area at Canterbury I would be
satisfied at this location with no further modifications to the conditions of approval. At
this point, the recreation area and tot lot were no longer reflected on plans for
Canterbury I. To date, Zoning Clearances for building permits had been issued for 60
homes in Canterbury I, 4 of which are in the model complex and the rest are occupied.
The original application for Modification No. 1 to RPD 1998-01 requested relocation of
the recreation lot for Tract Map No. 5133 to a 12,785 square-foot area in the southwest
corner of the property, with the tot-lot area integrated to recreation area. At the time this
modification application was filed, Shea Homes was intending to finish Tract No. 5133
as a standalone project, and was not sure whether development of Vesting Tentative
Tract Map No. 5425 would occur in the near future.
Since this time, Shea has revisited the feasibility of proceeding with Vesting Tentative
Tract Map No. 5425 and has indicated a desire to continue pursuing the development
as originally approved. The modification application had been amended with a revised
proposal for an approximately 17,200 square-foot recreation lot and integrated tot-lot
north of an extension of Majestic Court and immediately east of Tract Map No. 5133. A
1,172 square-foot clubhouse and a 1,125 square-foot pool plus wading pool and spa
are included in this proposal.
The revised location for this recreation lot would be more centrally located for both Tract
Map No. 5133 and Vesting Tentative Tract Map No. 5425. It would also be larger than
the currently approved 15,405 square-foot recreation area (Attachment 6), and it would
also be more visible within the community. As noted above, the Homeowners'
Association is already set up to serve both subdivisions, making management of the
recreation area straightforward. The design for the clubhouse is compatible with the
&\Community Development\DEV PMTS\R P D\1998-01 Shea 1Nod 1\Agenda Reports\cc agenda report 10 0217.doc 3
Honorable City Council
February 17, 2010
Page 4
architecture of the rest of the project. In addition, the open space area at the end of
Millard Street would be maintained with the new proposed location.
Recommended conditions have been modified from the original conditions proposed on
December 16, 2009, due to the new location of the recreation area. Timing for some of
the conditions has also been modified based on the phasing of Tract Map No. 5133,
now that the recreation area is no longer removing proposed houses. A review of plans
by the Police Department and an 8-foot high wall on the northern property line of the
recreation lot would address security and privacy issues associated with the new
location for the recreation area. Street improvements that would be needed include the
extension of Majestic Court to Fremont Street, and dedication of right-of-way from
Vesting Tentative Tract Map No. 5425 for Los Angeles Avenue road widening, along
with a security deposit for its improvement, should the City construct the widening prior
to the development of this subdivision. Finally, a condition is added to ensure that
access is provided from the private extension of Millard Street in Tract Map No. 5133 to
a residentially-zoned parcel owned by the Redevelopment Agency.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Continue to accept public testimony and close the public hearing.
2. Adopt Resolution No. 2010- , approving Modification No. 1 to Residential
Planned Development (RPD) No. 1998-01 as recommended by staff, subject to
conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Recreation Area Location as Originally Approved
4. Recreation Area Location As Approved per Minor Modification No. 2
5. Recreation Area Location As Approved per Minor Modification No. 3
6. Recreation Area Location As Approved per Tract 5425
7. Project Plans (Under Separate Cover)
8. Public Notice
9. Draft Resolution with Conditions of Approval
&\Community Development\DEV PMTS\R P D\1998-01 Shea 1\Mod 1\Agenda Reports\cc agenda report 10 0217.doc 4
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RECREATION AREA LOCATION AS
APPROVED PER TRACT 5425
(ENTIRE AREA OFF-SITE)
- CC ATTACHMENT 6
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10
PROJECT PLANS
UNDER SEPARATE COVER
CC ATTACHMENT 7
Notice Continued...
NOTICE IS FURTHER GIVEN that the
Community ' Development Director has
determined that this project would not change O
any findings contained in the Mitigated ' a
Negative Declaration prepared for the permit 0 � y
and no further environmental review is CD g -4 Community Development Department
necessary. O 7g s, City of Moorpark
The proposed AL 799 Moorpark Avenue
p p project application may be "h Moorpark,CA 93021
reviewed at: y rP
Community DeveloPnldnt4Department cc a
(805)517-6224 Fax(805)532-2540
< www.ci.mooroark.ca.us
City Hall O �`' m
n 799 Moorpark Avenue NOTICE OF
n Moorpark,.CA 9301
An 0 0 R CONTINUED PUBLIC HEARING
Any affected by.��tFte applications) may � 000 �
appear and 66',hearld'in s'u'pport or opposition Z NOTICE IS HEREBY GIVEN that a public hearing
to the proposals at the}'ti'mp dithe.,.hoanng., m m m held before the City Council of the City of Moorpark,
The City Council in them deliberation could � � X California, on December 16, 2009 and January 20,
approve the proposal�-xren • the proposal, or ^ IO ID I 2010, was continued to Wednesday February 17
C7 Y, P P ZZ ry
approve the-proposal,in ative form. If CL o D 2010, at 7:00 p.m., at the Moorpark City Hall,
located at 799 Moorpark Avenue, Moorpark,
you:challeng @.tfie proposal''in'cdurt, you [tray T M m California, 93021, to consider the application
be limited to raisind,ohly those issues you or �J � � �
described below.
M someone 'else raised at the:Public kaearing 0 c
Z described in this notice, nor... ini- written You were Previously sent an official notice of the
correspondence,.delivered to the"Community Cr M - December 16 2009 Public Hearing date and this is
Development Department--at; or prior to, the I� a subseauent notice.
00 Public Heanng. C7 1
D ENTITLEMENT: Modification No. 1 to Residential
Si usted tiene preguntas relaclonadas con esta = m Planned Development(RPD)No. 1998-01
propuesta, comuniquese por favor con Mr. V
Joseph Fiss dentro del Departamento del C APPLICANT/OWNER:Shea Homes,Inc.
Desarrollo de l
517-6227-622 6. a Comunidad, al telefono (808) iii LOCATION: South side of-Los Angeles Avenue at
Millard Street
Date Mailed: February 4,2010 ;0
By: Joyce R. Figueroa,Administrative Assistant IN PROPOSAL: Locate the Private Recreation Facility
for Tracts 5133 and 5425 at the northwest comer of
c. Honorable City Council Majestic Court and Fremont Street
Honorable Planning Commission
City Manager CASE PLANNER: Joseph Fiss, Principal Planner
Administrative Services Director&City Clerk
Community Development Department PHONE: (805)517-6226
Public Hearing Binder
City Website EMAIL: ifissgbci moomark ca us
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F.
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO
RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 1998-01, A
REQUEST TO RELOCATE THE REQUIRED RECREATION CENTER
FROM THE SOUTHEAST CORNER OF VESTING TENTATIVE
TRACT MAP NO. 5425 TO THE WESTERN EDGE OF VESTING
TENTATIVE TRACT MAP NO. 5425, NORTH OF MAJESTIC COURT,
ON THE APPLICATION OF SHEA HOMES, INC.
WHEREAS, at a duly noticed public hearing held on December 16, 2009,
January 20, 2010, and February 17, 2010, the City Council considered the agenda report
and any supplements thereto and any written public comments; opened the public hearing,
took and considered public testimony both for and against the proposal, closed the public
hearing, and reached a decision on this matter; and
WHEREAS, the City Council concurs with the Community Development Director's
determination that this project would not change any findings contained in the
environmental documentation prepared for the permit.
SECTION 1. MODIFICATION FINDINGS: Based upon the information set forth
in the staff report(s), accompanying studies, and oral and written public testimony, the City
Council makes the following findings in accordance with City of Moorpark, Municipal Code
Section 17.44.030:
1. The modification will not alter any of the findings of the original approval of
Residential Planned Development 1998-01.
2. The modification will not alter any of the findings in the environmental document
prepared for Residential Planned Development 1998-01 and will have no adverse
impacts on the environment.
3. The modification will not have any adverse impact on surrounding properties.
SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves
Modification No.1 to Residential Planned Development No. 1998-01, subject to Conditions
of Approval attached hereto and incorporated herein as Exhibit A.
CC ATTACHMENT 9
14
Resolution No. 2010-
Page 2
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of February, 2010.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Conditions of Approval:
S:\CommunftyDevelopment\DEVPMTS\RPD\1998-01 Shea 1\Mod 1\Resolutions\cc resolution 10 0217.doc
15
Resolution No. 2010-
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL FOR MODIFICATION
NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT 1998-01
1. The permit is granted for the land and project as identified on the entitlement
application for a Modification and as shown on the attached, approved plans. The
location and design of all site improvements shall be as shown on the approved plot
plans and elevations, except or unless indicated otherwise by conditions within this
letter.
2. All Conditions of Approval for Residential Planned Development (RPD) NO. 1998-01
as amended are incorporated by reference in this approval letter and shall continue
to apply unless specifically modified by this permit.
3. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read and
agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and have
the appropriate notary acknowledgement suitable for recordation.
4. This Modification expires one (1) year from the date of its approval unless the use
has been inaugurated by issuance of a building permit for construction. The
Community Development Director may, at his/her discretion, grant up to two (2)
additional one-year extensions for use inauguration of the development permit, if
there have been no changes in the adjacent areas and if the applicant can document
that he/she has diligently worked towards use inauguration during the initial period of
time. The request for extension of this planned development permit must be made in
writing, at least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
6. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Municipal Code Section 17.44.100 and sections amendatory or supplementary
thereto, declare the project to be out of compliance, or the Director may declare, for
some other just cause, the project to be a public nuisance. The applicant shall be
liable to the City for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of Approval or
applicable codes. If the applicant fails to pay all City costs related to this action, the
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16
Resolution No. 2010-
Page 4
City may enact special assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section 1.12.170).
7. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by the
City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or proceeding is
brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable and any provision amendatory
or supplementary thereto. The City will promptly notify the applicant of any such
claim, action or proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the applicant shall not thereafter be responsible to
defend, indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense of any such
claim, action or proceeding if both of the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action or proceeding in good faith.
The applicant shall not be required to pay or perform any settlement of such claim,
action or proceeding unless the settlement is approved by the applicant. The
applicant's obligations under this condition shall apply regardless of whether a Final
Map is ultimately recorded with respect to the subdivision or a building permit is
issued pursuant to the planned development permit.
8. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set forth.
9. All facilities and uses, other than those specifically requested in the application and
approval and those accessory uses allowed by the Municipal Code, are prohibited
unless otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
10. Prior to the approval of any Zoning Clearance for this entitlement the applicant shall
submit to the Community Development Department all outstanding entitlement case
processing fees, including all applicable City legal service fees. This payment must
be made within sixty (60) calendar days after the approval of this entitlement.
11. Prior to the issuance of any additional building permits, the applicant shall provide
security in a form acceptable to the Community Development Director and City
Engineer/Public Works Director to comply with all conditions in the July 27, 2006
Agreement Regarding Conditions of Approval (Tract 5133) by and between the City
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Resolution No. 2010-
Page 5
of Moorpark and Shea Homes Limited Partnership. Compliance shall be met on all
conditions prior to the issuance of a Zoning Clearance for construction of the 68th
housing unit in Tract Map No. 5133, with the exception of the completion of Majestic
Court to Fremont Street to the east. Prior to the issuance of a Zoning Clearance for
construction of the 68th housing unit in Tract Map No. 5133, the applicant shall
provide plans for the improvement and dedication of Majestic Court from the easterly
boundary of Tract 5133 to the existing terminus of Fremont Street to the satisfaction
of the City Engineer/Public Works Director, and consistent with the design standards
as shown on Vesting Tentative Tract Map No. 5425 as conditioned by Resolution
No. 2005-2304. Street improvements must be completed and an irrevocable offer of
dedication for public street purposes must be provided to the satisfaction of the City
Engineer/Public Works Director prior to issuance of a Zoning Clearance for
constructiA of the 73rd unit in Tract Map No. 5133, or December 31, 2010,
whichever occurs first.
12. Prior to the issuance of a Zoning Clearance for construction of the recreation area,
site and security plans shall be submitted for review and approval of the Moorpark
Police Department that incorporate appropriate CPTED (Crime Prevention Through
Environmental Design) features.
13. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit
in Tract Map No. 5133, the applicant shall obtain a building permit for construction of
the recreation area and tot lot. The recreation area plans must include a minimum
1,000 square-foot clubhouse/restroom building, minimum 1,000 square-foot pool,
wading pool, spa, deck area and tot lot, along with an eight (8) foot high wall on the
north property line, subject to the review and approval of the Community
Development Director. Improvements must be completed and available for use prior
to the issuance of a Zoning Clearance for construction of the 73rd unit in Tract Map
No. 5133.
14. Prior to the issuance of a Zoning Clearance for construction of the 61st housing unit
in Tract Map No. 5133, the applicant shall provide the City with an irrevocable offer
of dedication for the public right-of-way along Los Angeles Avenue as required by
Vesting Tentative Tract Map No. 5425 and shall enter an agreement with the City,
with the provision of either a cash security or lien on the Vesting Tentative Tract Map
No. 5425 property in a form acceptable to the City Manager and City Attorney, to
compensate the City for improvements to Los Angeles Avenue as required by
Vesting Tentative Tract Map No. 5425 as conditioned by Resolution No. 2005-2304
and Ordinance No. 313.
15. Prior to the issuance of a Zoning Clearance for construction of the 61st housing unit
in Tract Map No. 5133, a permanent and irrevocable access easement shall be
provided along Millard Street south of Majestic Court to allow vehicular and
pedestrian access for construction, future occupants, and public agencies and
utilities for the approximately 1.34-acre parcel owned by the City and/or
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Resolution No. 2010-
Page 6
Redevelopment Agency on the west side of Millard Street (APN: 506-0-020-525),
subject to final wording approval by the City Manager and City Attorney.
16. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit
in Tract 5133, all fences/walls along the western lot boundary must be in place to the
satisfaction of the Community Development Director.
- End -
SACommunity Development\DEV PMTS\R P D\1998-01 Shea 1Wod 1\Resolutions\cc resolution 10 0217.doc 19
ITEM 8=
%eaHoiiies
Caring since 1881
February 15, 2010
David Bobardt
Director of Planning
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject: Canterbury Lane Recreation Area Conditions of Approval
Dear Mr. Bobardt,
Shea Homes has reviewed the Conditions of Approval for Modification No. 1 to Residential
Planned Development No. 1998-01 and we have a couple of concerns in regards to the
timing. Condition No. 13 does not allow for zoning clearance of the 73rd unit until such time
that the Recreation Area is complete and ready for use. In order for the Recreation Center to
tie viable for both Shea Homes and the homeowners, it is important that it is built
concurrently with the eight homes in Phase 9. By not approving zoning clearances of the
73rd unit until the Recreation Center is complete, we are limited to building four units in Phase
9. Currently the Recreation Center is approved by the Department of Real Estate (DRE) to
be annexed to the Canterbury Lane Community Association in Phase 9, which includes all
eight units. If we cannot build the entire phase concurrently with the Recreation Center, it will
require that we go back to the DRE to revise the budget and phasing documents to create a
10"'phase for the remaining four units that were originally in Phase 9. In doing this, the dues
will increase by approximately$120 per year for each homeowner at Canterbury Lane. The
homeowners are already going to pay more than they had anticipated in HOA dues so an
additional increase will be a concern of our residences and a financial hardship.
In addition to the implications to the DRE phasing and budget, the market rate homes in
Phase 9 are already sold with the buyers expecting to close escrow this year. It is not
possible to build and close these four homes if we are required to wait for completion of the
Recreation Center. Delaying construction of the remaining four homes will also be
burdensome to the new homeowners of Phases 8 and 9 Below we are providing alternative
conditions that we feel are achievable and will still provide the City with protection that Shea
Homes will complete the Recreation Center. Because of the liming of the construction of the
Recreation Center, you will see that we are also requesting to change the last sentence in
Condition No. 11. The Majestic to Fremont connection is already approved, however, the
Recreation Site needs to be graded and utilities installed before the street improvements can
be completed. Our request is to allow this street be constructed concurrently with the
Recreation Center construction, which will already be an occupancy requirement of the I-ire
Department and Health Care Agency for access purposes.
1250 Corona Pointe Cohri
Saaitr 600
Corona,CA 91879 Sinn Noma?Limited Parmmrhip a?
A
Sh"1lonars Ma kraing Company
951.739.9700T y' 'C r}; / .` '• CaJ:r TC! ,fire, R / Irk�rn4wr ar nbn iJ rbr Shr/rmrlj�f ywrptnr
951.738.1758 r
Conditions as they are currently sliuwn.
11. Prior to the issuance of any additional building permits, the applicant shall provide
security in a form acceptable to the Community Development Director and City
Engineer/Public Works Director to comply with all conditions in the July 27, 2006
Agreement Regarding Conditions of Approval (Tract 5133) by and between the City of
Moorpark and Shea Homes Limited Partnership. Compliance shall be met on all conditions
prior to the issuance of a Zoning Clearance for construction of the 68th housing unit in
Tract Map No. 5133, with the exception of the completion of Majestic Court to Fremont
Street to the east. Prior to the issuance of a Zoning Clearance for construction of the 68th
housing unit in Tract Map No. 5133, the applicant shall provide plans for the improvement
and dedication of Majestic Court from the easterly boundary of Tract 5133 to the existing
terminus of Fremont Street to the satisfaction of the City Engineer/Public Works Director,
and consistent with the design standards as shown on Vesting Tentative Tract Map No.
5425 as conditioned by Resolution No. 2005-2304. Street improvements must be
completed and an irrevocable offer of dedication for public street purposes must be
provided to the satisfaction of the City Engineer/Public Works Director prior to issuance of a
Zoning Clearance for construction of the 73rd unit in Tract Map No. 5133, or December 31.
2010,whichever occurs first.
13. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit in
Tract Map No. 5133, the applicant shall obtain a building permit for construction of the
recreation area and tot lot. The recreation area plans must include a minimum 1,000
square-foot clubhouse/restroom building, minimum 1,000 square-foot pool, wading pool,
spa, deck area and tot lot, along with an eight (8) foot high wall on the north property line,
subject to the review and approval of the Community Development Director. Improvements
must be completed and available for use prior to the issuance of a Zoning Clearance for
construction of the 73rd unit in Tract Map No. 5133.
Alternatives to Condition No. 11(revision to last sentence only):
Alternative A, 11. Street improvements must be completed and an irrevocable offer of
dedication for public street purposes must be provided to the satisfaction of the City
Engineer/Public Works Director before December 31, 2010. Removed zoning clearance
requirement.
Alternative B, 11. Street improvements must be completed and an irrevocable offer of
dedication for public street purposes must be provided to the satisfaction of the City
Engineer/Public Works Director prior to issuance of a Zoning Clearance for construction of
the 76th unit in 'tract Map No. 5133, or December 31, 2010, whichever occurs first.
Alternative C, 11. Street improvements must be completed and an irrevocable offer of
dedication for public street purposes must be provided to the satisfaction of the City
Engineer/Public Works Director prior to occupancy of the 73 unit in Tract Map No. 5133,
or December 31,2010,whichever occurs first.
Alternatives to Condition No. 13:
Alternative A, 13. Prior to the issuance of a Zoning Clearance for construction of the 68th
housing unit in Tract Map No. 5133, the applicant shall obtain a building permit for
construction of the recreation area and tot lot. The recreation area plans must include a
minimum 1,000 square-foot clubhouse/restroom building, minimum 1,000 square-foot pool,
wading pool, spa, deck area and tot lot, along with an eight (8) foot high wall on the north
property tine, subject to the review and approval of the Community Development Director.
Improvements must be completed and available for use prior to the issuance of
occupancy for construction of the 73rd unit in Tract Map No. 5133,
Alternative B, 13. Prior to the issuance of a Zoning Clearance for construction of the 68th
housing unit in Tract Map No. 5133, the applicant shall obtain a building permit for
.construction of the recreation area and tot lot. The recreation area plans must include a
minimum 1,000 square-foot clubhouse/restroom building, minimum 1,000 square-foot pool,
wading pool, spa, deck area and tot lot, along with an eight (8) foot high wail on the north
property line, subject to the review and approval of the Community Development Director.
Improvements must be completed and available for use prior to the issuance of zoning
clearance for construction of the 76th unit in Tract Map No, 5133.
If the City is agreeable to issuance of occupancy, Shea Homes is willing to provide the
buyers with a disclosure that is approved the City. A preliminary draft is included with this
letter for your review_ Also new to 2010 is the requirement that all common area annexed
into a phase be complete prior to the approval of VA loans. This means that the certificate of
occupancy for the Recreation Center will need to be issued and provided to HUD in order for
loan approval.
Shea Homes is committed to building the Recreation Center for the homeowners of
Canterbury Lane but as you know, in order for us to build it 201U, we need the City of
Moorpark to work with us on conditions that are reasonable to all party involved, including the
current and future residents. Please feel free to contact me at (951) 739-9718 if you have
any questions or comments about our proposed conditions.
Sincerely,
Shea Homes Limited Partnership
Brooke Thomas
Community Development Manager
PRELIMINARY DRAFT
DISCLOSURE AND BUYER ACKNOWLEDGMENT
REGARDING RECREATION FACILITIES AND CLOSING REQUIREMENTS
CANTERBURY LANE
By executing this Disclosure and Acknowledgement, the undersigned (collectively,
"Buyer"} hereby acknowledges receipt of the following information from SHEA HOMES
LIMITED PARTNERSHIP,a California limited partnership ("Seller"):
1. Community Facilities: Seller is currently working with the City of Moorpark on
the design of the recreation facilities to be constructed in the Canterbury Lane community (the
"Community"). Per the Conditions of Approval, the recreation facilities will consist of a pool,
spa, restrooms and meeting room, and related amenities. Through the approval process with
the City of Moorpark, Seller has agreed to not close escrow on Units 74, 75, 76 and 77 until
such time as the recreation facilities are complete and ready for use. The recreation facilities
are a Seller responsibility and not the responsibility of the City of Moorpark. Seller anticipates,
but cannot guarantee, the recreation facilities will be complete prior to your scheduled dosing.
2. Department of Real Estate Phasing: The recreation facilities are scheduled to
be annexed to the Canterbury Lane Community Association in Phase 9. Seller is obligated to
deliver these facilities with the first close of escrow in Phase 9. If the recreation facilities are
not complete, Seller is required, per the Public Report, to post sufficient security until such time
the facilities are complete. Regardless of this requirement, Seller is still be prohibited from
closing escrows on Units 74, 76, 76 and 77 until the recreational facilities are complete and
ready for use by the Canterbury Lane homeowners.
Buyer has read and understands the matters set forth in this Acknowledgment and
Disclosure and Buyer has received a copy for Buyers records. Buyer acknowledges and
agrees that Buyer is solely responsible to make certain that Buyer understands the contents of
this Acknowledgment and Disclosure and Buyer will take whatever steps are necessary to do
so, including without limitation, consulting an attorney, interpreter, or any other person whose
advice or assistance may be necessary to fully understand the matters set forth herein. Buyer
acknowledges that Seller and Seller's representatives have made no other representations or
warranties regarding the matters described above. Buyer acknowledges that Buyer has
considered the possible effect of such matters in Buyer's decision to purchase a home in the
Community.
ACKNOWLEDGED:
Date:
Buyer
Date:
Buyer
Unit No.:
3425-30153'01SC SR19106001
7131109
Resolution No. 2010-
Page 3 6* bv-�ck cs-+ Cb 1J ric►L
EXHIBIT A II
wmb n 9 as
CONDITIONS OF APPROVAL FOR MODIFICATION
NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT 1998-01
1. The permit is granted for the land and project as identified on the entitlement
application for a Modification and as shown on the attached, approved plans. The
location and design of all site improvements shall be as shown on the approved plot
plans and elevations, except or unless indicated otherwise by conditions within this
letter.
2. All Conditions of Approval for Residential Planned Development (RPD) NO. 1998-01
as amended are incorporated by reference in this approval letter and shall continue
to apply unless specifically modified by this permit.
3. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read and
agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and have
the appropriate notary acknowledgement suitable for recordation.
4. This Modification expires one (1) year from the date of its approval unless the use
has been inaugurated by issuance of a building permit for construction. The
Community Development Director may, at his/her discretion, grant up to two (2)
additional one-year extensions for use inauguration of the development permit, if
there have been no changes in the adjacent areas and if the applicant can document
that he/she has diligently worked towards use inauguration during the initial period of
time. The request for extension of this planned development permit must be made in
writing, at least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
6. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Municipal Code Section 17.44.100 and sections amendatory or supplementary
thereto, declare the project to be out of compliance, or the Director may declare, for
some other just cause, the project to be a public nuisance. The applicant shall be
liable to the City for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of Approval or
applicable codes. If the applicant fails to pay all City costs related to this action, the
SAConxnunity Development\DEV PMTSIR P D\1998-01 Shea 1\Mod 1\ResoMionstc resolution 10 0217.doc
Resolution No. 2010-
Page 4
City may enact special assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section 1.12.170).
7. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attack, set aside, void, or annul any approval by the
City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or proceeding is
brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable and any provision amendatory
or supplementary thereto. The City will promptly notify the applicant of any such
claim, action or proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the applicant shall not thereafter be responsible to
defend, indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense of any such
claim, action or proceeding if both of the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action or proceeding in good faith.
The applicant shall not be required to pay or perform any settlement of such claim,
action or proceeding unless the settlement is approved by the applicant. The
applicant's obligations under this condition shall apply regardless of whether a Final
Map is ultimately recorded with respect to the subdivision or a building permit is
issued pursuant to the planned development permit.
8. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set forth.
9. All facilities and uses, other than those specifically requested in the application and
approval and those accessory uses allowed by the Municipal Code, are prohibited
unless otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
10. Prior to the approval of any Zoning.Clearance for this entitlement the applicant shall
submit to the Community Development Department all outstanding entitlement case
processing fees, including all applicable City legal service fees. This payment must
be made within sixty(60)calendar days after the approval of this entitlement.
11. Prior to the issuance of any additional building permits, the applicant shall provide
cash surety in a form acceptable to the_Commu_nity_Development Director_and City__, Deleted:security j
Engineer/Public Works Director to comply with all conditions in the July 27, 2006
Agreement Regarding Conditions of Approval (Tract 5133) by and between the City
S:\Community Development\DEV PMTS\R P 0\1998-01 Shea lNod lResolutions\cc resolution 10 0217.doc
Resolution No. 2010-
Page 5
of Moorpark and Shea Homes Limited Partnership. Compliance shall be met on all
conditions prior to the issuance of a Zoning Clearance for construction of the 68th
housing unit in Tract Map No. 5133, with the exception of the completion of Majestic
Court to Fremont Street to the east. Prior to the issuance of a Zoning Clearance for
construction of the 68th housing unit in Tract Map No. 5133, the applicant shall
provide plans for the improvement and dedication of Majestic Court from the easterly
boundary of Tract 5133 to the existing terminus of Fremont Street to the satisfaction
of the City Engineer/Public Works Director, and consistent with the design standards
as shown on Vesting Tentative Tract Map No. 5425 as conditioned by Resolution
No. 2005-2304. Street improvements must be completed and an irrevocable offer of
dedication for public street purposes must be provided to the satisfaction of the City
Engineer/Public Works Director prior to issuance of a Zoning Clearance for
occupancy of the 73rd unit in Tract Map No. 5133 or December 31,2010, whichever ,.- Deleted:construction
occurs first. The developer shall disclose this condition in writing to any prospective
buyers for Units 73, 74, 75, 76 and 77 and provide the City with a written
acknowledgement from the buyer in a form acceptable to the City Manager and City
Attorney prior to the issuance of a Zoning Clearance for construction of these units.
12. Prior to the issuance of a Zoning Clearance for construction of the recreation area,
site and security plans shall be submitted for review and approval of the Moorpark
Police Department that incorporate appropriate CPTED (Crime Prevention Through
Environmental Design)features.
13. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit
in Tract Map No. 5133, the applicant shall obtain a building permit for construction of
the recreation area and tot lot. The recreation area plans must include a minimum
1,000 square-foot clubhouse/restroom building, minimum 1,000 square-foot pool,
wading pool, spa, deck area and tot lot, along with an eight (8) foot high wall on the
north property line, subject to the review and approval of the Community
Development Director. Improvements must be completed and available for use prior _
to the issuance of a Zoning Clearance for occupancy of the 73rd unit in Tract Map {Deieoed:construction
No. 5133. The developer shall disclose this condition in writing to any prospective
buyers for Units 73, 74, 75, 76 and 77 and provide the City with a written
acknowledgement from the buyer in a form acceptable to the City Manager and City
Attorney prior to the issuance of a Zoning Clearance for construction of these units.
14. Prior to the issuance of a Zoning Clearance for construction of the 61st housing unit
in Tract Map No. 5133, the applicant shall provide the City with an irrevocable offer
of dedication for the public right-of-way along Los Angeles Avenue as required by
Vesting Tentative Tract Map No. 5425 and shall enter an agreement with the City,
with the provision of either a cash security or lien on the Vesting Tentative Tract Map
No. 5425 property in a form acceptable to the City Manager and City Attorney, to
compensate the City for improvements to Los Angeles Avenue as required by
Vesting Tentative Tract Map No. 5425 as conditioned by Resolution No. 2005-2304
and Ordinance No. 313.
SACommunity DevelopmentOEV PMTS\R P D11998-01 Shea 11Mod 11ResolutionsNcc resolution 10 0217 doc
Resolution No. 2010-
Page 6
15. Prior to the issuance of a Zoning Clearance for construction of the 61st housing unit
in Tract Map No. 5133, a permanent and irrevocable access easement shall be
provided along Millard Street south of Majestic Court to allow vehicular and
pedestrian access for construction, future occupants, and public agencies and
utilities for the approximately 1.34-acre parcel owned by the City and/or
Redevelopment Agency on the west side of Millard Street (APN: 506-0-020-525),
subject to final wording approval by the City Manager and City Attorney.
16. Prior to the issuance of a Zoning Clearance for construction of the 68th housing unit
in Tract 5133, all fences/walls along the western lot boundary must be in place to the
satisfaction of the Community Development Director.
- End -
SACommunity DevelopmerMDEV PMTSIR P M1998-01 Shea 1VNod 1\Resolulionstc resolution 10 0217.doc
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WESTLAKE VILLAGE,CA 93062 �� and um Planning
PH:(9I9,97,.230D FAX:<9I9>223.1796 MOORPARI( CALIFORNIA 2031�h�Dr.Suite 100
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