HomeMy WebLinkAboutAGENDA REPORT 2001 0801 CC REG ITEM 10BTo:
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MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
--I i 2 . 100 (y ) (A-)
ITEM I D • 8
CITY OF MOORPARK. C.ALtFORNTA
City Colintil meetini►
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ACTION: APP2Dy� sTA-FF RCZUH K
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Wayne Loftus, Director of Community Development
July 23, 2001 (CC Meeting of 8/01/01)
Subject: Consider A Request to Modify Condition of Approval No. 1
of Conditional Use Permit No. 94 -01 of Moorpark Country
Club Estates to Reduce the Number of Holes of Play for
the Required Golf Courses from Thirty -six (36) Holes to
Twenty -seven (27) Holes and Addendum No. 4 to the
Certified Environmental Impact Report (EIR) (SCH
#9408175) - Toll Bros. Inc., Applicant
UPDATE
This item was continued from the City Council meeting of July 18,
2001, when three (3) members of the City Council were present. This
item, because of its importance to the community relating to the
request to reduce the number of holes of play, was continued to the
August 1, 2001, meeting to allow the full City Council to address
the requested modification. The information provided below is the
same as previously provided to City Council at the July 18 meeting.
Additionally, the attached Addendum No. 4 has been modified to
correct typographical errors and language inconsistencies. There
are no changes in the addendum that alter either the assessment of
impact of the project modification or the outcome. Specifically,
changes that were made to the addendum include:
• Clarify that request is viewed by staff as a Minor Modification
not a Major Modification.
• Clarify that the primary document to be amended is the
Conditional Use Permit which includes specific language
concerning two (2) eighteen (18) hole golf courses.
• Clarify that the west course of eighteen (18) holes is to remain,
however the east course is proposed for reduction to nine (9)
holes.
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July 23, 2001
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• Clarify a reduction in the area calculation of the acreage of
disturbance to be thirty -eight (38) acres (versus) fifty (50)
acres, as noted in the earlier addendum.
• Identify the habitat area to be preserved if a reduction in the
holes of play is approved, as Venturan Coastal Sage Scrub which
is considered as a rare habitat.
BACKGROUND
Toll Bros. Inc., applicant for this request is proposing that the
number of holes of play on the golf courses required for this
project be reduced from thirty -six (36) holes, configured in two
(2) courses of eighteen (18) holes each, to twenty -seven (27) holes
of play in two (2) courses of eighteen (18) holes (west course) and
nine (9) holes (east course) . Disturbance of the land would be
reduced, as would removal of sensitive vegetation and habitat.
Condition No. 1 of City Council Resolution No. 96 -1197 requires two
(2) eighteen (18) hole golf courses. Other related documents and
entitlements including Tract Map No. 4928, Residential Planned
Development (RPD) No. 94 -01 and Development Agreement (DA) No. 94-
01, refer to two (2) golf courses, the number of holes of play is
not referenced. The Environmental Impact Report (EIR) certified for
this project specifically references the provision of two (2) golf
courses in the section concerning overriding circumstance to the
impacts of development. An addendum to the Certified EIR has been
prepared and requires consideration by the City Council prior to
making a decision concerning this request.
Bollinger Development Corporation, as applicant, received approval
of Vesting Tentative Map (VTM No. 4928), Residential Planned
Development No. 94 -01, General Plan Amendment No. 94 -01, Zone
Change No. 94 -01, Conditional Use Permit No. 94 -01, and a
Development Agreement No. 95 -01. Toll Brothers Inc. subsequently
acquired the project from Bollinger in 1999, and has been in the
process of refining aspects of the approved development to create
a more marketable project with less impact to topographic and
biological features through reduction in grading and modifications
to the footprint of disturbance. On February 2, 2001, the City
Council granted approval of Minor Modification No. 1 concerning
issues related to: grading, -circulation, neighborhood design,
amenities, street improvements, phasing and equestrian trail
issues. Minor Modification No. 2 has been submitted requesting
modifications to "C" Street (public street connecting Walnut Canyon
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9401Country Club Estates.72301.dl.doc i•i
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slightly realign the right -of -way, modify some grading and modify
the street alignment and lot configuration on several private
streets in the easterly neighborhoods and reduce the area of
disturbance. Additionally, the final architectural design criteria
and revised design handbook have been included in this Minor
Modification No. 2 as required by the origina•1 conditions of
approval. Action on this request is pending final review by the
Director of Community Development.
DISCUSSION
Toll Bros. Inc. has submitted Minor Modification No. 3 to project
entitlements requesting that the conditions of approval of this
project, commonly known as Moorpark Country Club Estates be
modified from the current requirement for two (2) golf courses with
eighteen (18) holes of play each to two (2) courses, one (1) with
eighteen (18) holes and one (1) with nine (9) holes, for a total of
twenty -seven (27) holes. The specific proposal would retain the
west course as an eighteen (18) hole facility and modify the east
course to nine (9) holes from the current requirement for eighteen
(18) holes. Approval of this request according to the applicant
would reduce the disturbed area by thirty -eight (38) acres and
reduce the grading quantity by 800,000 cubic yards (refer to
attached map) . Additionally, preservation of some significant
landforms would occur. Grading of the west course is substantially
complete and limited grading of the east course has occurred.
This project of 216 single - family, detached homes has received
approval of several entitlements, including Tract Map No. 4928,
Residential Planned Development No. 94 -01, Development Agreement
No. 95 -01 and Conditional Use Permit No. 94 -01. These entitlements
reference "golf courses," and as a result Conditional Use Permit
No. 94 -01, Condition No. 1, is appropriate to consider for
amendment based upon applicant's request. Condition No. 85 of the
Conditional Use Permit specifically identifies that both the west
and east courses as eighteen (18) hole facilities, this however is
in connection with the calculation of parking requirements for both
facilities and is not intended as a directive concerning the number
of holes. The provisions that require that the golf courses be open
to public plan (Development Agreement Section 6.b.) is not proposed
for modification. The applicant has stated in the Minor
Modification application that twenty -seven (27) holes can
accommodate ninety (90 %) percent of the programs that can be
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accommodated by a thirty -six (36) hole facility. Also, the twenty -
seven (27) hole facility is more than adequate for the residential
project that has been approved, according to the applicant.
In addition to the modification of the golf course design and
layout through a proposed reduction in the number of holes of play,
there are some minor modifications to the layout of the residential
lots and the private streets that provide their access throughout
the adjoining easterly neighborhood on the south side of "C"
Street. Lots 96 -160 and Lots 164 and 165 are all modified in some
way through mostly minor changes in configuration, size and
grading. The two (2) private cul -de -sac streets that are oriented
in a north /south direction have been slightly modified and grading
has been revised to implement the reduction in land disturbance
proposed by the reduction in the number of golf course holes of
play. The applicant has also stated in the application submitted
for this Minor Modification that there has been an increase of .26
acres of residential development area by the reconfiguration of the
lots and private streets.
There are several conditions of approval including but not limited
to Condition No. 97 and 98 of the Conditional Use Permit concerning
circulation system (AOC) development fees that are based upon a set
calculation criteria for the golf courses. Although the footprint
of disturbance and grading is proposed to be reduced, these
conditions have not been requested for modification and should
remain, based upon impacts from the overall project.
Also, concerning a matter related to the amount of traffic and
demand for golf course play that may occur with this proposed
facility, there is a need for roadway improvements to Walnut Canyon
Road that has recently been identified and proposed as the
responsibility of various projects, including Toll Bros. Staff and
the developers of this project (Toll Bros.), and other projects
including Sun Cal, West Pointe, and Morrison (Specific Plan No. 2)
have during the course of the last twelve (12) month period
identified the general extent of project responsibility to provide
needed improvements to Walnut Canyon Road from the north city
limits to Casey Road. Improvements include: some minor
realignment, provision of additional street pavement to achieve two
(2) twelve (12') foot travel lanes and a twelve (12') foot center
turn lane and eight (8') feet shoulders on each side, where
feasible, together with curbs, gutters and sidewalks. These
improvements will be provided along the entire length of the Walnut
Canyon Road corridor, except for the easterly side of the street
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from the future intersection of Spring Road, north to the City
limit. It has been the intent of staff to link a commitment by Toll
Bros. to participate in this corridor improvement to Minor
Modification No. 2, however a commitment to participate in this
effort which requires more detailed review would be appropriate at
this time and has been included as a condition in the attached
draft resolution.
STAFF RECOMMENDATIONS
1. Accept public comment;
2. Consider the request to modify the number of holes of play of
the golf courses as conditioned under CUP 94 -01, and approve
Addendum No. 4 to the project certified Environmental Impact
Report;
3. Adopt Resolution No. 2001- granting Minor Modification No.
3 to the Country Club Estates Project.
Attachments:
1. Golf course grading and lot and private street modifications
with overlay - (City Council only).
2. Conditional Use Permit No. 94 -01 (City Council Resolution No.
96- 1197), condition of approval - two (2) eighteen (18) hole
courses.
3. Addendum No. 4 to Certified Environmental Impact Report
(corrected) .
4. Large scale tentative map of modifications to lots and private
streets - (City Council only).
5. Draft Resolution
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T.T. 4928 GOLF COURSE GRADING EXMIT
LEGEND EXHBIT A
REVISED 9 HOLE EAST COURSE (MO03)
ORIGINAL. 18 HOLE_ CAST COUR5C (MO02) R E C 64.V.W
NOTE. T
THIS MAP MAY 2001
APPROVED MAP OCTOBER 1999 Toll Brothers, lnc,.
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RESOLUTION NO. 96 -1197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
NO. 94 -1, VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND CONDITIONAL USE
PERMIT NO. 94 -1, AND ADOPTING A MITIGATION MONITORING
PROGRAM, MAKING CERTAIN FINDINGS RELATED TO THE
SIGNIFICANT IMPACTS OF THE PROJECT, AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE MOORPARK
COUNTRY CLUB ESTATES PROJECT (APPLICANT: BOLLINGER
DEVELOPMENT INCORPORATED)
WHEREAS, at a duly noticed public hearing on March 6, 1996, a continued
public hearing on March 13, 1996, and continued meetings on March 18, 20, 27,
and April 3, 10, and 17, 1996, the City Council considered the application filed
by Bollinger Development incorporated for the Moorpark Country Club Estates
Project, consisting of General Plan Amendment No. 94 -1, Zone Change No. 94 -1,
Vesting Tentative Tract Map No. 4928, Residential Planned Development (RPD)
Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 for a 655 -acre site
located approximately 2,700 feet south of Broadway, with frontage on both Walnut
Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west
(Assessor Parcel Nos: 500 - 240 -075, 500 - 230 -065, 500 - 230 -125, 500 - 230 -015, 500-
230 -135, 500 - 230 -095, 500- 230 -115, 500- 230 -075, 500 - 260 -015, 500- 250 -115, 500-
220 -075, 500 - 430 -015, 500 - 430 -025, 500 - 430 -035, 500- 430 -045, 500- 430 -055, 500-
430 -065, 500 - 430 -075, 500 - 430 -085, 500- 430 -095, 500 - 440 -015, 500 - 440 -025, 500-
440- 035, 500- 440 -045, 500- 440 -055, 500 - 440 -065, 500- 440 -075, 500 - 440 -085, 500-
440 -095, 500- 440 -105, 500- 440 -115, 500 - 440 -125, 500- 440 -135, 500- 440 -145, 500-
440 -155, 500 - 440 -165, 500 - 440 -175, 500 -440 -185); and
WHEREAS, the Moorpark Country Club Estates Project is more specifically
described as follows:
General Plan Amendment No. 94 -1 - Amendment of Exhibit 3 of the General
Plan Land Use Element to revise the General Plan land use designation for
the Project site from Rural Low (1 Dwelling Unit per 5 Acres) to Medium
Low (2 Dwelling Units per Acre) for a 132.5 -acre area comprised of all
residential lots, to Open Space 2 for a 496.8 -acre area comprised of all
golf course lots, and to Public /Institutional for all water reservoir and
water well lots (reference Attachment 1 for exhibit showing revised
General Plan land use designations);
Zone Change No. 94 -1 - Requires adoption of an ordinance to revise the
project site zoning from Rural Exclusive 5 Acre to Residential Planned
Development -1.63 Dwelling Units per Acre for a 132.5 -acre area comprised
of all residential lots, to Open Space -6.4 Acres for the future trail
staging area Lot 217, to Open Space -176 Acres for east golf course Lot
218, to Open Space -314.4 Acres for west golf course Lots 219 and 220, and
to Institutional for well and reservoir Lots 221 through 225;
U 0 0 x
Attachment 2 __,_
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT, INC.
April 17, 1996
CONDITIONAL USE PERMIT NO. CUP -94 -1
CONDITIONS OF APPROVAL
I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
Permitted Uses
1. Conditional Use Permit No. CUP -94 -1 is granted for the land and project
identified as Moorpark Country Club Estates Golf Course Project: General
Plan Amendment No. 94 -1 (Open Space 2 land use designation), Zone Change
No. 94 -1 (Open Space Zone), Phased Tentative Map No. 4928, and CUP -94 -1.
The location and design of all site improvements shall be as shown or
described on the revised Vesting Tentative Map approved by the City
Council on April 17, 1996, and consisting of the Phasing Plan (Exhibit A) ,
Street Plan (Exhibit B) , and Walnut Canyon Road and Grimes Canyon Road
Improvement Detail Plan (Exhibit C); the Conceptual Landscape Plans for
Streets and Entranceways (Sheets 1 -4), modified to be consistent with the
approved Vesting Tentative Map; Clubhouse Plans (Site Plan: Sheet 1, Floor
Plan: Sheet 2, East and North Exterior Elevations: Sheet 3, Exterior
Elevations West and South: Sheet 4, and Clubhouse Entry Drive
Plan /Elevation: Sheet 5); and approved mitigation monitoring program,
except or unless indicated otherwise herein in the following conditions
and City Council Resolution No. 96 -1197.
The approved project includes two public 18 -hole golf courses (hereinafter
referred to as the West and East golf courses) , driving range, 20,400
square feet of clubhouse facilities for the west golf course, a 1,940
square foot Pro- shop /Office /Storage building for the East golf course, a
3,500 square foot cart storage building and a 3,500 square foot
maintenance building for the West golf course, and two parking areas to
serve both golf courses and related facilities (total parking spaces
provided is a minimum of 263, as shown on the site plan) .
City and Other Agency Regulations
2. The design, maintenance, and operation of the permit area and facilities
thereon shall comply with all applicable City Zoning Code and Municipal
Code regulations; all requirements and enactments of Federal, State,
County, and City authorities; all City policies, procedures, and
standards; and all such requirements and enactments shall, by reference,
become conditions of this permit.
3. No conditions of this entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules apply, the stricter ones shall take precedence. All
Vesting Tentative Map No. 4928 conditions of approval are applicable to
CUP No. 94 -1.
1
Resolution No. 96 -1197
Page 6
SECTION S. The City Council hereby conditionally approves RPD Permit No.
94 -1, subject to compliance with all of the conditions attached hereto as
Attachment 2B and the Mitigation Monitoring Program (Attachment 4).
SECTION 6. The City Council hereby conditionally approves CUP No. 94 -1,
subject to compliance with all of the conditions attached hereto as Attachment
2C and the Mitigation Monitoring Program (Attachment 4).
PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF APRIL, 1996.
0"-aK- - '�
Paul W. Lawraso -A r., Mayor
ATTEST:
Lillian E. a City Clerk !`
Attachments:
1. Exhibit Showing Revised General Plan Land Use Designations
2. Conditions of Approval
A. Vesting Tentative Map No. 4928
B. RPD Permit No. 94 -1
C. CUP No. 94 -1
3. Addendum to Final Environmental Impact Report
4. Mitigation Monitoring Program
5. CEQA Environmental Impact Report Findings
6. CEQA Statement of Overriding Considerations
4117196
ADDENDUM TO THE 1994 CERTIFIED FINAL EIR
on the
MOORPARK COUNTRY CLUB ESTATES
State Clearinghouse No. 94081075
MINOR MODIFICATION TO:
The Conditional Use Permit
Prepared by:
The Planning Corporation
PO Box 20250
Santa Barbara, CA
(805) 680 -6166
July 2001
ATTACHMENT 3
�
ATiA .
CONTENTS
Introduction
Project Description
Rationale for the Use of an Addendum to the Final EIR
Appendix 1: Illustrative Exhibits
Project Description
The proposed project is defined as a legislative approval of a Modification to Conditional Use Permit No 94-
1, as amended. Other related project entitlements include Tentative Tract Map No. 4928, Development
Agreement No. 94 -01, and Residential Planned Development Permit No. 94 -01. However, the language to
be modified appears most succinctly in Conditional Use Permit No 94 -1, as amended. These are the
approved entitlements for the Moorpark Country Club Estates Residential Subdivision and Golf Course. The
specific components of the proposed modification are:
➢ Modification of the existing Conditional Use Permit
The applicant proposes to modify the existing language in Conditional Use Permit No. 94 -01 to
reduce the number of golf course holes from 36 to 27. This reduction will result in substantially
reduced grading, increased preservation of rare habitats, improved setbacks from riparian areas,
and other positive and beneficial modifications.
➢ Modification of the Tentative Map.
The modification of the Tentative Map will illustrate a new golf course layout consisting of one 18-
hole golf course (the westerly course) and one 9 hole golf course (the east course). In conjunction,
this map modification will illustrate the new parcel lines defining the eastern residential community
and the golf course boundaries. As a result of the proposed golf course reconfiguration, the
applicant is proposing to dedicate over 38 acres of land previously allocated to golf course
construction to the City for use as restricted open space. This area could be included in the City's
inventory of open space lands in the updated OSCAR Element for the purposes of facilitating
innovative open space resource management and habitat preservation practices. An exhibit is
attached to this Project Description that details the differences in grading between the approved
project and modification, differences between the disturbance areas for both the project and the
modification, and the golf course routing proposed as part of this modification.
The City's Environmental Consultant (The Planning Corporation) has reviewed the proposed major
modification for consistency with the findings contained in the Final EIR and has determined that the
proposed modifications would have a beneficial impact on environmental resources within the project
environment. In summary, the environmental consequences of the proposed Minor Modification will be:
Project Description and Proposed Agreement Text Changes -1 e 0 0 0 S I
(1) A 1,000,000 cubic yard reduction in the amount of on -site grading;
(2) The preservation of approximately 38 acres of a special interest plant community
(Venturan Coastal Sage Scrub) which is considered rare habitat;
(3) No intensification of the proposed residential or recreational uses;
(4) Minor adjustments to the previously approved street alignments which were designed to
reduce fill areas and increase contour grading opportunities.
(5) The creation a continuous buffer of reasonable dimension, ranging in depth from a 500
to 1000 foot setback from the West Point Homes open space area;
(6) No change to any of the major arterial streets will be required, and
(7) No modification of the existing federal and state wetland permits will be required.
For these reasons, the use of an Addendum is appropriate. A formal rationale for this conclusion is
presented in the next section of this document.
Project Description and Proposed Agreement Text Changes -2 ;` 9 0 0 � y
INTRODUCTION
Introduction
This Addendum has been prepared in accordance with relevant provisions of the California
Environmental Quality Act (CEQA) of 1970 as amended and CEQA Guidelines as implemented by the
City of Moorpark. CEQA guidelines define an Addendum as the proper method for analyzing minor
potential environmental consequences of a project for which a previous EIR has been prepared. Based
on CEQA Guidelines and case law, it is appropriate for a Lead Agency to prepare an Addendum when
some or all of the following criteria are met:
(1) only minor technical changes are needed to make the analysis in the prior EIR sufficient;
(2) the changes to the Project Description are non - significant and contain elaborations upon or
clarifications to components of a project that were described in a conceptual or schematic manner
in the original EIR;
(3) non - significant environmental impacts are anticipated that were not contemplated in the prior
document, and
(4) no additional substantial mitigation planning is necessary for project implementation; clarification
and refinement of mitigation planning is acceptable.
The City of Moorpark Director of Community Development has determined, with the assistance of the
Planning Corporation and the City of Moorpark Planning Staff, that the proposed Minor Modification to the
Moorpark Country Club Estates Development Agreement, Tentative Tract Map and the approved
Conditional Use Permit constitute a project as defined by CEQA. This determination was made because
the proposed Minor Modification will result in a direct physical change in the environment through:
1. A reduction in the number of golf course holes from 36 to 27 holes and related re- alignment
of the course routing;
2. A reduction in the amount of area graded and preservation of rare and endangered habitats
that would otherwise be removed and converted to non - native grasslands and golf course
landscaping;
Introduction - 1 0 9 0 5 .1
3. A minor reconfiguration of the lot layout and street design in the eastern residential
neighborhood to enable contour grading along the revised course alignment and to reorient
the location of ce3rtain homes in relation to the revised course routing.
The Moorpark Country Club Estates EIR certified in 1994 adequately addressed the physical impacts on
the environment resulting from the construction of a residential subdivision and two appurtenant golf
courses. It has been determined that the proposed modifications will result in a net reduction to the
environmental impacts associated with project construction compared with the project as originally
approved and as previously modified.
A detailed Addendum to the Final EIR was prepared at the time this development of 216 single family
dwellings and two golf courses was originally approved in 1995. Subsequently, as changes were
proposed to the project by Toll Brothers, they became substantial enough that modifications to the project
were required. The first modifications to the original approval are described in a lengthy second
Addendum to the Final EIR which was prepared, published and approved by the City Council in early
2000 (Addendum No. 2 dated January 21, 2000).
The current proposed modifications (Minor Modification No. 3) that are the subject of this Addendum were
determined to result in insignificant environmental changes to the components of the project that were
thoroughly analyzed in the Final EIR and in Addenda 1 and 2. Addendum number 3, which is similar to
this Addendum, was a briefer statement of conclusions regarding the environmental effects of modifying
the project. The proposed modifications covered by this Addendum (Number 4) will not require any
additional refinement or clarification of the mitigation planning elements recommended in the Final EIR.
For these reasons, although the proposed Modification is considered a project under CEQA guidelines,
only minor changes (which in the City's opinion are beneficial) to the surrounding environment will result.
Therefore, the analysis contained in this Addendum is not detailed. The changes proposed in the
Modification would not affect the ultimate land use and environmental compatibility thresholds of the City
since the Final EIR provided adequate mitigation measures to significantly reduce the level of
environmental impact resulting from construction and operation of the proposed project.
The three major changes that are the subject of this Modification are summarized above and described in
more detail in the Project Description section of this document. Because the modifications proposed
reduce geologic impacts, diminish grading quantities, result in the preservation of habitat, and reduce air
quality construction emissions, these modifications will enhance the natural environment, reduce effects
compared to impacts described in the Final EIR and provide for some changes to the mitigation measures
applicable to endangered species and habitat preservation. Given these circumstances, it was
Introduction - 2 ` r
0 -G54
determined that the proposed adjustments or modifications to the Conditional Use Permit would be an
appropriate subject for preparation of an Addendum rather than some other form of CEQA analysis,
An Initial Study was not completed in support of the Addendum since the ultimate consequences of the
proposed modifications would be to merely increase the current level of environmental protectiveness
required of this recreational - residential development. None of the proposed revisions, which must be
approved will result in additional environmental impacts outside the scope of the analysis of effects
contained in the Final EIR. Therefore, the preparation of an Initial Study is not required to define the
general consequences of the currently proposed Modification.
Use of Incorporation by Reference
CEQA Guidelines permit the use of relevant data generated while preparing related environmental
documents, a procedure termed incorporation by reference (Guidelines, Section 15150). EIRs, Addenda
to EIRs and Negative Declaration may incorporate any portion of relevant documents that are both a
matter of public record and generally available to the public. "Incorporation by reference is most
appropriate for including long, descriptive, or technical materials that provide general background but do
not contribute directly to the analysis of the problem at hand." (Guidelines, section 15150, subd. (f).)
Typical examples of material that may properly be incorporated by reference include a description of a
proposed project's environmental setting from another EIR or a description of the city or county General
Plan applicable to the project's location (Guidelines, section 15150, subd. (e). The documents
incorporated by reference in this analysis include the Moorpark Country Club Estates Final EIR and
Addenda 1 and 2 to this document. The Moorpark Country Club Estates Final EIR and Addenda are
available for public inspection at the Lead Agency's office at the City of Moorpark's Planning and
Community Development Department.
Introduction - 3 C, 0 () () G_ 55
Rationale For The Use of an Addendum
Addendum Determination
In the present case, the City of Moorpark (the Lead Agency), upon review of the record as a whole,
determined that the proposed Minor Modification is procedural only with reference to environmental
effects and the proposed changes to the site plan, golf course layout, residential layout and street pattern
will all result in substantial environmental benefits or reductions to impacts described in the Final EIR.
The impact changes resulting from the modification are not substantial enough to warrant additional
environmental review in the form of a supplemental EIR, Negative Declaration, or Mitigated Negative
Declaration. Prior to the 1994 revisions to CEQA, the State CEQA Guidelines, Section 15164,
recognized the use of an Addendum only in situations where a new project would necessitate that only
minor technical changes or additions be made to a previously certified EIR in order to adequately address
the modified project. The prevailing attitude prior to the 1994 CEQA revisions held that the modifications
to a project would need to be minor in order for an Addendum to be appropriate. However, since the
CEQA amendments of 1994, Section 15164 now provides for an addendum to an EIR to be prepared,
even when more than mere minor technical changes or additions to a project are proposed.
Court cases provided the impetus for the 1994 CEQA Amendments regarding the applicability of an
Addendum when considering revisions to a previously studied project. In Benton v. Napa Count v, the
court concluded that the scope or magnitude of the changes to a project should not be used as the
determinant of whether an Addendum is appropriate, but rather the environmental impacts of the
proposed changes, and the content of the original EIR, must be the basis for the decision. Several courts
have concluded that a supplemental or subsequent EIR is not required, and therefore an Addendum will
suffice, when the impacts of the project changes will be mitigated, even though the new impacts would be
significant without mitigation (Long Beach Savings and Loan Assn v. Long Beach Redevelopment
Agency.)
Lastly, where significant impacts will result from project changes, a subsequent or supplemental EIR or
Mitigated Negative Declaration is not required if those impacts have already been evaluated in the
original EIR (Fund for Environmental Defense v. County of Orange). The requirements and
consequences of General Plan Amendments were considered in the Land Use section of the Final
General Plan EIR. The 1994 Certified Final EIR includes a thorough discussion of the environmental
consequences resulting from construction of the Moorpark Country Club Estates Residential Subdivision.
Addendum Rationale - 1 C< a-
In summary, the Lead Agency has determined that the criteria which could mandate the preparation of a
supplemental or subsequent EIR or Mitigated Negative Declaration for the proposed Minor Modification
have not been met. Section 15162 of the State CEQA Guidelines, indicates that a Supplemental EIR
must be prepared only where: (1) changes to the project would result in significant new environmental
impacts (as modified by court cases referenced above, these would be new Class I, unavoidably
significant impacts); (2) where substantial changes occur with respect to the circumstances under which
the project is undertaken, such as a substantial deterioration in the roadway network performance, which
involve new significant environmental impacts (again as modified by legal precedence, these would be
new Class I impacts); and (3) new information of substantial importance becomes available (such as the
identification of a mitigation measure from the environmental impact report which has been found to be
infeasible, and whose inapplicability would change the residual level of the impact as described in the
EIR). None of these tests have been met in the present case.
For these reasons, this modification can proceed without further environmental review as long as
changes referenced in the Development Agreement included in the Project Description section of this
Addendum are implemented.
Addendum Rationale - 2 el 000
Rationale For The Use of an Addendum
Addendum Determination
In the present case, the City of Moorpark (the Lead Agency), upon review of the record as a whole,
determined that the proposed Minor Modification is procedural only with reference to environmental
effects and the proposed changes to the site plan, golf course layout, residential layout and street pattern
will all result in substantial environmental benefits or reductions to impacts described in the Final EIR.
The impact changes resulting from the modification are not substantial enough to warrant additional
environmental review in the form of a supplemental EIR, Negative Declaration, or Mitigated Negative
Declaration. Prior to the 1994 revisions to CEQA, the State CEQA Guidelines, Section 15164,
recognized the use of an Addendum only in situations where a new project would necessitate that only
minor technical changes or additions be made to a previously certified EIR in order to adequately address
the modified project. The prevailing attitude prior to the 1994 CEQA revisions held that the modifications
to a project would need to be minor in order for an Addendum to be appropriate. However, since the
CEQA amendments of 1994, Section 15164 now provides for an addendum to an EIR to be prepared,
even when more than mere minor technical changes or additions to a project are proposed.
Court cases provided the impetus for the 1994 CEQA Amendments regarding the applicability of an
Addendum when considering revisions to a previously studied project. In Benton v. Napa County, the
court concluded that the scope or magnitude of the changes to a project should not be used as the
determinant of whether an Addendum is appropriate, but rather the environmental impacts of the
proposed changes, and the content of the original EIR, must be the basis for the decision. Several courts
have concluded that a supplemental or subsequent EIR is not required, and therefore an Addendum will
suffice, when the impacts of the project changes will be mitigated, even though the new impacts would be
significant without mitigation (Long Beach Savings and Loan Assn v. Long Beach Redevelopment
A enc .)
Lastly, where significant impacts will result from project changes, a subsequent or supplemental EIR or
Mitigated Negative Declaration is not required if those impacts have already been evaluated in the
original EIR (Fund for Environmental Defense v. County of Orange). The requirements and
consequences of General Plan Amendments were considered in the Land Use section of the Final
General Plan EIR. The 1994 Certified Final EIR includes a thorough discussion of the environmental
consequences resulting from construction of the Moorpark Country Club Estates Residential Subdivision.
Addendum Rationale- 1 C000F -48
In summary, the Lead Agency has determined that the criteria which could mandate the preparation of a
supplemental or subsequent EIR or Mitigated Negative Declaration for the proposed Minor Modification
have not been met. Section 15162 of the State CEQA Guidelines, indicates that a Supplemental EIR
must be prepared only where: (1) changes to the project would result in significant new environmental
impacts (as modified by court cases referenced above, these would be new Class I, unavoidably
significant impacts); (2) where substantial changes occur with respect to the circumstances under which
the project is undertaken, such as a substantial deterioration in the roadway network performance, which
involve new significant environmental impacts (again as modified by legal precedence, these would be
new Class I impacts); and (3) new information of substantial importance becomes available (such as the
identification of a mitigation measure from the environmental impact report which has been found to be
infeasible, and whose inapplicability would change the residual level of the impact as described in the
EIR). None of these tests have been met in the present case.
For these reasons, this modification can proceed without further environmental review as long as
changes referenced in the Development Agreement included in the Project Description section of this
Addendum are implemented.
Addendum Rationale - 2 e o 0 ()+
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING MINOR
MODIFICATION NO. 3 TO CONDITIONAL USE PERMIT
NO. 94 -01, AND APPROVING ADDENDUM NO. 4 TO
ENVIRONMENTAL IMPACT REPORT (SCH #9408175)
RELATED TO THE MOORPARK COUNTRY CLUB ESTATES
DEVELOPMENT.
WHEREAS, on June 26, 2001, Toll Brothers Development, Inc.
applied for a Minor Modification No. 3 to Conditional Use Permit
No. 94 -01, part of the overall development, including Vested
Tentative Tract Map (VTT) No. 4928 and Residential Planned
Development No. (RPD) 94 -1, related to the Moorpark Country Club
Estates development; and
WHEREAS, the Director of Community Development referred the
matter to the City Council on July 18, 2001, and continued to
August 1, 2001; and
WHEREAS, at its meetings of July 18, 2001, and August 1,
2001, the City Council considered the application filed by Toll
Brothers Development requesting approval of Minor Modification
No. 3 to the Country Club Estates project; and
WHEREAS, at its meetings of July 18, 2001, and August 1,
2001, the City Council after review and consideration of the
information contained in the staff report dated July 23, 2001,
reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings
presented in the staff report and accompanying documents and
public testimony, the City Council finds that:
a. Addendum No. 4 to the project Environmental Impact
Report (SCH #94 -8175) adequately addresses the changes
to the Moorpark Country Club Estates project analyzed
by the original Environmental Impact Report (EIR)
proposed and that the information and analysis in
support of Modification No. 3 of this project does not
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constitute new information or impacts that require
preparation of a new or amended EIR and hereby directs
that Addendum No. 4 be attached to the Certified EIR
as a portion of the environmental record for the
project;
b. The Minor Modifications are consistent with the intent
and provisions of the City's General Plan and of the
City's Zoning Ordinance;
C. The Minor Modifications are compatible with the
character of existing and proposed development
adjacent to the project;
d. The proposed Minor Modifications would not be
obnoxious or harmful, or impair the utility of
neighboring properties or uses and are consistent with
the intent of the original project as conditioned and
approved;
e. The Minor Modifications would not be detrimental to
the public interest, health, safety, convenience, or
welfare; and
f. The proposed, modified project would not have a
substantial adverse impact on surrounding properties.
g. The Minor Modifications as approved herein are
consistent with the Development Agreement.
SECTION 2. The City Council conditionally approves Minor
Modification No. 3 to Conditional Use Permit No. 94 -01, as part
of the overall project including Vested Tentative Tract (VTT)
No. 4928, and Residential Planned Development (RPD) No. 94 -01,
related to the Country Club Estates development.
SECTION 3. Approval of Minor Modification No. 3 to
Conditional Use Permit No. 94 -01, and other related entitlements
including Vested Tentative Tract (VTT) No. 4928, and Residential
Planned Development (RPD) No. 94 -01, related to the Country Club
Estates development is hereby approved subject to the conditions
contained herein:
1. Except as modified herein, all conditions of approval
and/or mitigation measures of Resolution Nos. 96 -1197
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and 95 -1167 shall apply unless modified by this
resolution. Additionally, the mitigation measures
incorporated within Addendum No. 4 to the Certified
EIR related to this Minor Modification application
shall apply.
2. Except as modified herein, all requirements of
approval for Vested Tentative Tract No. 4928, RPD No.
94 -01 and CUP No. 94 -01 contained within, or affixed,
to Ordinance Nos. 214 and 215 shall apply to this
project.
3. Except as modified by the project design changes which
reduce impacts for the project as contained within
Modification No. 3, all mitigation measures and /or
statements of overriding consideration, adopted under
City Council Resolution No. 95 -1167 certifying
Environmental Impact Report (EIR) No. SCH- 9408175
shall apply to the project as modified.
4. Pursuant to the Development Agreement, Vesting
Tentative Map No. 4928 is permitted to record in
independent phase maps. Phasing shall be limited to
not more than eight (8) individual maps consistent
with all applicable ordinances and the Subdivision Map
Act.
S. The modifications granted herein shall not grant an
extension for the initiation and compliance with
permit requirements previously granted by the City
Council, nor shall any additional extension of time
for the Vested Tentative Map, Residential Planned
Development Permit or Conditional Use Permit be
construed as being accrued by this approval action.
6. Applicant shall post a bond or other appropriate
surety for their proportionate share of public street
and drainage improvements to Walnut Canyon Road from
Casey Road to the north city limits as proposed by the
Walnut Canyon Road Corridor Study. Applicant's
proportionate share shall also be defined to include
frontage along Walnut Canyon Road for a distance of
500± feet south of the southeasterly corner of the
subject property as shown on the Tentative Map for
Tract 4620. The extent of the improvements and or the
amount and type of surety to be posted shall be
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Resolution No. 2001 -
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determined by the City and posting of said surety
shall occur prior to approval of the first Final Map,
and construction of applicant's portion of the
improvement shall occur prior to the occupancy of the
first residential unit in Tract No. 4620.
7. Applicant shall grant to the City of Moorpark an
access and grading easement along the southerly
boundary of this project. The purpose of the easement
shall be to provide access to a future water reservoir
site in Tract No. 5187 (West Pointe Homes) for
construction and maintenance purposes. The granting of
this easement is intended to provide access to the
reservoir site at a location where minimal disturbance
to the natural topography will result. The exact
location, description and width of the easement,
together with any additional easement that may be
needed for grading and drainage purposes, shall be
determined by the Director of Community Development
and the Public Works Director.
SECTION 4. 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 1st day of August, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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