Loading...
HomeMy WebLinkAboutAGENDA REPORT 2001 0718 CC REG ITEM 10CTo: From: Date: .. id� y of ACT-10-NN', C .©n-h n Lkq<i Gt uvt� l MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Wayne Loftus, Director of Community Development 4e July 9, 2001 (CC Meeting of 7/18/01) Subject: Consider A Request to Modify Condition of Approval No..l 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 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 S: \Community Development \Everyone \City Council Agenda Reports \cc- agrpt.CondofAppvl No 1 CUP 940lCountry Club Estates.70901.dl.doc eow) gt Honorable City Council July 9, 2001 Page 2 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 Road to Gabbert Canyon Road) to expand the landscape area and 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 original 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, however grading of the east course has not yet begun. 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 S: \Community Development \Everyone \City Council Agenda Reports \cc- agrpt.CondofAppvl No 1 CUP 9401Country Club Estates.70901.dl.doc I Honorable City Council July 9, 2001 Page 3 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 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 S: \Community Development \Everyone \City Council Agenda Reports \cc- agrpt.CondofAppvl No 1 CUP 9401Country Club Estates.70901.dl.doc C O G 1j'• ct rr I �V t fAUH Sy �_ ,�s._r_,_ _ — — - - - - -- 471, IN Ets\\111 '?A' ,�qe�4� aY' ��'�'�'�� � �\ °-� Ile. ����• � �. �'� � ,g��;`7i��1`° � ;spa Airz �� y a� `�A�� �`���, • _ � �' � \ng,�.. _ \.\ .`A aMe'l, w � i . x.11. y9 A- �s (Resolution No. 96 -1197) 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. ATTACHMENT 2 ADDENDUM TO THE 1994 CERTIFIED FINAL EIR 7•�T! MOORPARK COUNTRY CLUB ESTATES State Clearinghouse No. 94081075 MAJOR MODIFICATION TO: The Conditional Use Permit Prepared by: The Planning Corporation PO Box 20250 Santa Barbara, CA (805) 680 -6166 July 2001 ATTACHMENT 3 9006 CONTENTS Introduction Project Description Rationale for the Use of an Addendum to the Final EIR Appendix 1: Illustrative Exhibits 7 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 e 0 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 certain 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 project was originally approved in 1995. Subsequently, as changes were made to the project by Toll Brothers, substantial enough changes accrued that modifications to the project were required. These modifications 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 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 with one exception. The single exception concerns the payment of mitigation fees regarding endangered species and habitat preservation. These mitigation changes are more procedural than substantive. 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 Modification 4 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 Modification 4 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 Introduction - 2 e4 r, 00 e applicable to endangered species and habitat preservation. Given these circumstances, it was determined that the proposed legislative changes to the Development Agreement, Tentative Tract Map and 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. The documents incorporated by reference in this analysis include the Moorpark Country Club Estates Final EIR and Addenda 1 and 2 to this document. Introduction - 3 C-0 0 G.0- Project Description The proposed project is defined as a legislative approval of a Modification to Tentative Tract Map No. 4928 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 the Development Agreement 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 27- hole golf 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 27 hole golf course reconfiguration, the applicant is proposing to dedicate over 50 acres of land previously allocated to golf course construction to the City for use as restricted open space. This area will 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 the ➢ Modification to the Approved Conditional Use Permit. The approved Conditional Use Permit will be amended to be consistent with the proposed revisions to the Tentative Map and Development Agreement so the total number of holes to be constructed is consistent in all three documents. 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 Project Description and Proposed Agreement Text Changes -1 proposed modifications would have a beneficial impact on environmental resources within the project environment. In summary, the environmental consequences of the proposed major modification will be: (1) A 1,000,000 cubic yard reduction in the amount of on -site grading; (2) The preservation of approximately 50 acres of very 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 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 le 0 01 0 12 2 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 Major 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 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 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 General Plan Amendment 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 C00074 LARGE SCALE TENTATIVE MAP OF MODIFICATIONS TO LOTS AND PRIVATE STREETS PROVIDED TO CITY COUNCIL vAzfa] AVAILABLE FOR REVIEW AT CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 4 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 WHEREAS, at its meeting of July 18, 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 meeting of July 18, 2001, the City Council after review and consideration of the information contained in the staff report dated July 9, 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 constitute new information or impacts that require ATTACHMENT 5. -" S: \Community Development \Everyone \City Council Agenda Reports \resolutions.toll minor mod 3 CUP 9401 Addendum 4.doc Resolution No. 2001 - Page 2 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 and 95 -1167 shall apply unless modified by this resolution. Additionally, the mitigation measures 0000 -� S: \Community Development \Everyone \City Council Agenda Reports \resolutions.toll minor mod 3 CUP 9401 Addendum 4.doc Resolution No. 2001 - Page 3 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. 5. 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. Provision shall be made for the continuous maintenance of the properties designated for golf course development until such time as all facilities are complete and an operator or other legal entity assumes the financial responsibility for such maintenance. 7. 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 and not already determined to be required of this project based upon S: \Community Development \Everyone \City Council Agenda Reports \resolutions.toll minor mod 3 CUP 9401 Addendum 4.doc el r4 Resolution No. 2001 - Page 4 existing project conditions. The extent of the improvements and or the surety to be posted shall be determined by the City and posting of said surety shall occur prior to the occupancy of the first residential unit. 8. 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 18th day of July, 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Everyone \City Council Agenda Reports \resolutions.toll minor mod 3 CUP 9401 Addendum 4.doc 0Q79 GOLF COURSES WITHIN 12 MILES OF MOORPARK COUNTRY CLUB GOLF CLUB CITY HOLES PUBLIC PRIVATE PROPOSED 1 Elkins Ranch Fillmore 18 holes X 2 Happy Camp or "Rustic Canyon Moorpark 18 holes X 3 Tierra Rejada G.C. Moorpark 18 holes X 4 Sinaloa G.C. Simi Valley 9 holes par 3 X 5 Lost Canyons Simi Valley 36 holes X 6 Simi Hill G.C. Simi Valley 18 holes X 7 Lake Lindero C.C. Agoura Hills Exec. Course X 8 Westlake G.C. Westlake 18 holes X 9 Los Robles G.C. Thousand Oaks 18 holes X 10 Camarillo Springs G.C. Camarillo Springs 18 holes X 11 Saticoy Regional G. C. Saticoy 18 holes X 1 Wood Ranch Simi Valley 18 holes X 2 Sunset Hills C.C. Thousand Oaks 18 holes X 3 North Ranch C.C. Westlake 27 holes X 4 Sherwood C.C. Westlake 18 holes X 5 Saticoy C.C. Saticoy 18 holes X 1 Tolden Ranch G. C. Fillmore X 2 City of Simi Valley G.C. Simi Valley 18 holes X 3 Sherwood Westlake 18 holes X 4 Hill Canyon G. C. Thousand Oaks 18 holes X Total 20 Golf Courses tit