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HomeMy WebLinkAboutAGENDA REPORT 1996 0306 CC REG ITEM 08C ,TES, C , --4/4L_ 6 AGENDA REPORT - ;v.444444i CITY OF MOORPARK c 4644N. . TO: Honorable City Council FROM: Deborah S. Traffenstedt, Senior Planner J75T ' DATE: February 28, 1996 (CC Meeting of 3-6-96) SUBJECT: CONSIDER APPROVAL OF THE MOORPARK COUNTRY CLUB ESTATES PROJECT PROPOSED BY BOLLINGER DEVELOPMENT CORPORATION (GENERAL PLAN AMENDMENT NO. 94-1, ZONE CHANGE NO. 94-1, VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94-1, AND CONDITIONAL USE PERMIT NO. 94-1) BACKGROUND The initial Planning Commission public hearing for the requested General Plan Amendment, Zone Change, Vesting Tentative Map, Residential Planned Development (RPD) Permit and Conditional Use Permit (CUP) was held on December 20, 1995, and continued public hearings were held on January 22 and 29, 1996 . On February 7, 1996 , the Planning Commission adopted a resolution recommending approval of the proposed Moorpark Country Club Estates Project. A copy of the Planning Commission Resolution No. 96-318, including draft conditions of approval, and a copy of all of the Planning Commission staff reports, the fiscal impact analysis report, and the Final Environmental Impact Report (EIR) were provided to the City Council as attachments to a memorandum dated February 16, 1996 . A more complete discussion of the project background is contained in the Planning Commission staff reports . DISCUSSION The Planning Commission staff reports also contain detailed project description information. Please note, however, that the Planning Commission's resolution contains a recommendation that the City Council direct the applicant to continue to work with the City Engineer and the Ventura County Fire Protection District to develop a frontage road design that will minimize the number of residential dwelling units that require a curb-cut onto "C" Street. As identified in the February 16 memorandum to the City Council, a revised project has been designed that is environmentally superior, Honorable City Council February 28, 1996 Page 2 because grading is reduced and all curb-cuts/driveways onto "C" Street are eliminated. A blue line copy of the four sheets of the revised Vesting Tentative Map will be delivered to the Council on March 4, 1996 (the revision of the street system requires numerous other changes to be made to the map and the applicant's engineer is still working on these revisions) . All other project exhibits are attached; however, please note that the underlying lot and street pattern would change for the conceptual landscape plans . Following is a brief summary of issues addressed in the Planning Commission reports, discussion regarding revisions made to draft conditions of approval by the Planning Commission, and discussion regarding California Environmental Quality Act compliance. Staff does intend to provide the City Council with recommendations for revisions to conditions to address the new frontage road design, to eliminate duplication, and to correct errors . These recommendations will be provided to the City Council for the March 13 meeting. Summary of Issues Agricultural Buffer The City Council will need to make a determination regarding whether the project is consistent with General Plan Land Use Element Policy 11.2, which states that "when new residential development is adjacent to existing agricultural uses, a 200 foot minimum width setback shall be provided to minimize compatibility conflicts ." Staff's opinion is that the topographic separation in combination with a 100-foot non-buildable easement and the new frontage road design provides a buffer equivalent in intent to the 200-foot setback requirement to minimize conflicts between agricultural and residential uses. Please also note that the draft conditions require the installation of an 8-foot high fence adjacent to agricultural zoned property. Clustered Residential Development Discussion of five acre zoning versus clustering of residential units was addressed in great detail in the EIR and at the Planning Commission hearings. Both the Planning Commission and staff concur that clustering of residential units is the most appropriate way to develop the project site. Non-clustered five acre parcels would require more roads to be constructed, very substantial grading, and more infrastructure. In addition, residential uses should not occur in the landslide areas of the site. The use of the northerly ridge system for the residential portion of the project offers the most acceptable geotechnical solution to the development of the property. 0001.1G Honorable City Council February 28, 1996 Page 3 Policy 5 .4 of the General Plan Land Use Element states that clustering may be allowed if it can be shown that the common area created by the clustering is designed to protect a public interest or provide a public benefit such as the following: protects environmentally sensitive habitat or agricultural land, promotes land conservation as well as visual relief, provides a substantial recreational opportunity, or an affordable housing benefit. In reviewing Policy 5.4, staff can only find that the project complies by providing a substantial recreational opportunity through provision of one or more golf courses . Therefore, the applicant will need to guarantee to the City that one or both golf courses will remain available for public play in perpetuity. Moorpark residents should be given priority for reservations, with possibly a discounted rate during non-peak times . Students should also be able to play during non-peak times at reduced rates . One means of guaranteeing these benefits would be with a Development Agreement. The Planning Commission's resolution includes a recommendation of approval of the requested General Plan amendment, contingent upon the applicant providing the City with a guarantee that one or both golf courses will remain available for public play in perpetuity, with Moorpark residents given a priority for reservations to justify consistency with Policy 5.4 of the Land Use Element. Grading Impacts Grading issues are discussed in detail in the EIR (reference Topical Response No. 7 in Final EIR) . The revised frontage road design will further reduce grading by approximately 400,000 cubic yards. The total grading for the revised project is estimated to be approximately 9 million cubic yards. The grading of "C" Street, as well as the grading required for the residential lots, will create a substantial amount of fill, totaling approximately 8 million cubic yards . The fill is proposed to be balanced onsite, and will raise the elevation of the valley system. The golf courses are proposed to re-establish vegetation on the areas predominantly already disturbed by the fill placement from the grading of "C" Street and the residential lots. Removing the excess dirt from the site would not be economically feasible. Remediation of grading impacts will require very substantial contour grading and blending of cut and fill lines with existing topography. Staff can support the golf course use versus restoration and preservation of the site to create a more natural environment, if there is a guaranteed public benefit, such as one or more golf courses available for public play, with priority given to Moorpark residents and students, as previously discussed. It is also important to note that creation of the golf courses will significantly reduce the potential for wildfires . 000111. Honorable City Council February 28, 1996 Page 4 The City Council will also need to determine whether the proposed project is consistent with General Plan Land Use Element Policy No. 16 .2, which states: "Hillside development standards shall be adopted which restrict grading on slopes greater than 20 percent and which encourage the preservation of visual horizon lines and significant hillsides as prominent visual features." The City adopted a Hillside Management Ordinance in May 1995 . The project application was deemed complete in June 1994, prior to approval of the hillside development code standards . Although the project is not subject to the Hillside Management Ordinance, it is subject to consistency with the General Plan, and the City Council will need to determine whether the project sufficiently restricts grading on slopes greater than 20 percent. The project as currently designed does preserve visual horizon lines (i.e. , ridgelines) and significant hillsides visible from the exterior of the project site. Hillsides within the project site will be significantly altered by the proposed mass grading. Trail Design The revised project design responds to previous draft conditions of approval, which required the trail easement to be removed from residential lots and incorporated into the two golf course lots . The Planning Commission did direct staff to revise the draft conditions of approval to remove the requirements for the golf course developer to construct and maintain the trail, and the golf course operators to lock and unlock gates at all trail entrances to restrict trail use to daylight hours only. The Planning Commission's decision was based on the potential incompatibility of golf course and trail uses. The original conditions of approval also had included a requirement that the proposed park site and equestrian staging area be incorporated into the east golf course and used as both a trail staging area and a site for overflow parking for golf course tournament events. The requirements for construction and maintenance of a trail staging area were also deleted. Proposed Park and Equestrian Staging Area Staff does not recommend City acceptance of the proposed park (lot 217 ) in satisfaction of the Subdivision Ordinance Quimby requirements . The draft conditions of approval currently require payment of an in-lieu park fee. The draft conditions of approval also require that, prior to occupancy of either golf course, approximately 2 acres of native habitat shall be restored on lot 217. A CUP Modification approval is required for any other use of lot 217, other than habitat restoration. Honorable City Council February 28, 1996 Page 5 Planning Commission Revisions to Conditions To summarize, revisions that the Planning Commission made to the draft conditions of approval, originally prepared by staff, include changes to various conditions to allow rough grading to occur prior to recordation of the first phase of the Final Map, deletion of the requirements for construction and maintenance of the multi-use trail, and deletion of a requirement requiring reclaimed water to be used during grading. The allowance of early grading is subject to approval of an early grading agreement and the provision of sufficient surety to guarantee implementation of the erosion control plan, construction of "C" Street and all related improvements including landscaping, construction of all drainage improvements, implementation and maintenance of habitat restoration (as required by the mitigation monitoring program) , construction of off-site circulation improvements, and full recordation of the Final Vesting Map for the entire Project site. The trail construction requirements were deleted, because the Planning Commission was concerned regarding incompatibility between trail and golf course uses . The requirement for trail dedication was not deleted, because the General Plan Circulation Element shows a planned equestrian trail through the project site. A condition requiring use of reclaimed water during grading was deleted, because Reddy Pakala, Waterworks District No. 1, informed staff that reclaimed water could not be provided for grading. Apparently, the tertiary treatment plant is not operating continuously, and the cost to operate it for the limited water required for grading is not cost effective. The Planning Commission did not revise CUP condition No. 4, but did recommend that the City Attorney be requested to advise on the appropriateness of CUP Condition No. 4, which includes a time limit for use inauguration and a time limit for the CUP, unless extended. California Environmental Quality Act (CEQA) Compliance The City Council adopted a resolution on December 20, 1995, certifying that a Final EIR was completed in compliance with CEQA. An Addendum to the Final EIR is under preparation to address project revisions that have been made to further reduce environmental impacts. The revised project will not result in new significant environmental impacts. The City Council will need to approve the Addendum, Mitigation Monitoring Program, CEQA EIR Findings, and a Statement of Overriding Considerations, prior to approving the Project. Staff's intent is that a draft of Addendum will be provided to the City Council for a continued public hearing on March 13, 1996; the other referenced documents would be provided to the City Council for the March 20 meeting. The CEQA requirements for the Mitigation Monitoring Program, EIR Findings, and Statement of Overriding Considerations are as follows: 00011,3 Honorable City Council February 28, 1996 Page 6 Mitigation Monitoring Program CEQA requires agencies to prepare a monitoring and reporting program at the same time that findings are made after certifying an EIR for projects that contain mitigation measures to reduce or avoid significant environmental impacts . Findings Section 15091(a) of CEQA includes the following requirements for Findings: (a) No public agency shall approve or carry out a project for which an EIR has been completed, which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: ( 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Statement of Overriding Considerations Section 15093 of CEQA includes the following requirements for a Statement of Overriding Considerations: (a) CEQA requires the decision-maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." 11„4 S Honorable City Council February 28, 1996 Page 7 (B) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a) (2) or (a) (3) . (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. If the Council's decision is to not approve a Statement of Overriding Considerations, then the appropriate action would be to deny the project. STAFF RECOMMENDATION 1. Open the public hearing and take public testimony; 2 . Consider draft conditions of approval and provide staff with any comments regarding required revisions; 3. Direct staff to provide the City Council with the Addendum to the Final EIR and any recommended revisions to conditions for a continued public hearing on March 13, 1996; 4 . Direct staff to provide the City Council with a draft Mitigation Monitoring Program, EIR Findings, and Statement of Overriding Considerations, for the City Council's meeting on March 20, 1996; and 5. Continue the public hearing to March 13, 1996 . Attachments: A. Color Reduction of Clubhouse Elevations B. Blue Line Copies of Conceptual Landscape Plans (Sheets 1-4) C. Clubhouse Area Site Plan, Floor Plan, Exterior Elevations, and Entry Drive Plan/Elevation (Sheets 1-5) oo.1,c ---- - --- :410 Ill t'r,.. ' s.1- • • C7^ . . I -.. . . . . ., . . ,,....__.....0,-,,„„........._..... ..... _':;,.' rVirre:L.1 'Anal .-1-...)',alit- ' -7',,,.• • '.• . . . ...:. - , " , +'7:11gr. . - .t--. . - . : , .‘ ..,. - , ... 1- -- , . • .- •.....•* . , _ .r .- •:-. F.;,;,„ 7::- 1 ;#••••—:.•::-/,-.:., •:•`-,',-. •_-_— • .--.,,..i ... ..• — - .; T'? 4 NO ' ' '''''• 11': t *' ' . . , J',...` - , r.. • 'r . ...i' - , ',1 ; •,‘ tisk,k .j.4 i — ,. 5.1. , , ,r_s f. •tr. 1 ,...,;•,r,t, +'* r't. .,.. ' ' - .. r • 4 aia,,. .. ...'r r i -0,--:°140- 4.,.--,4i- . 1 ' . Arnimilw - ' $ . . . .• ,....----...........--..... - ,..r- • " • - ... 44.01111110.0 .4.-. • ,, , , 4 • _ , •Ir• . • r - .. - t • . •• • • t• • • ;.. fi..i,../•43-0..g-:,.— ,t..'1,.,. 1i':1/4.''-...k'Tr•i--•:s '-i--•._• .'•.,1-- .J..—.-,!„•.--4.-,.„.,i.',,/,' •:-,S''-'. ..•••• .••': ''-.y,.-,,-..!.iA.•-..43-..,:-'1"",—'"-1a---:AA/''. '-''''''•. '; j''',v .',....-''.:-..':•.:',.A'.',,',ii.). E . ,. , .,..., - f 0, ,.•4,,‘. t1, t,',.1.-.•,.....Il.i•i. . ...- -4. L. • *4•. • •. ,-. . .. ... i •1: '1 C) '-) r.1 P A R if, . . . • - ' A. DEEWAYNE JONES,D.D.S. FAMILY DENTAL CARE 722 E.MAIN STREET SANTA PAULA,CALIFORNIA 93060 (805)525-7464•525-3001 • r f March 5, 1996 WO. • IA •-• 90,4S sgOkra 6 A City of MoorPar14. The Honorable Paul W. Lawrason, Mayor City of Moorpark City Hall 799 Moorpark Avenue Moorpark, CA 93021 Re: Bollinger Project Dear Mayor Lawrason and Members of the City Council In previous correspondence and prior appearances before the Planning Commision I have expressed strong support for this project . The EIR has adequately addressed the issues . I have read the entire document and walked the land. The project satisfies the needs of those of us who play golf and those who desire to live in a golf course setting. This is a quality development, engineered and planned by one of Southern California' s most prestigious Engineering firms Bob Haaland and Associates . The project will transform a rugged, hilly, good for nothing terrain into a beautiful play ground for golfers and a place where everyone can go and enjoy the vistas . The clubhouse will also provide a nice setting for banquets , wedding receptions , business meetings , family dinners and other social activities . Provided also will be opportunities to live in an upscale and serene setting with sunrises and sunsets to rave about. Finally , I believe this project and the Morrison Project will give us a golden opportunity to realign Walnut Canyon Rd. with Spring Street eliminate the dangerous curves opposite Eddie Bergfield' s place expand Walnut Canyon Rd. to 4 lanes plus a paved 10 ' shoulder left turn lanes into driveways along Walnut Canyon and enhance the beauty of the drive as motorists approach downtown Moorpark . d : , ‘1' A.DEEWAYNE JONES,D.D.S. FAMILY DENTAL CARE 722 E.MAIN STREET SANTA PAULA,CALIFORNIA 93060 (805)525-7464•525-3001 Enclosed is a parcel map of the area showing how and where the curves can be eliminated and how Walnut Canyon moves East across the 10 acres owned by the Morrison Co. to eventually join the Northerly extension of Spring St. This is a great project for all of us who live and work in Moorpark. I urge you to vote for it and to help it move along quickly. I believe Walnut Canyon, Balcom Canyon and Grimes Canyon are very dangerous because of the lack of paved shoulders . We can correct this dangerous stretch by prividing more lanes and a paved shoulder. Since -d A. Meiayne Jones , D.D. S . k U 0 ``.h' V $ a M , .2C• G /. .1{1 I , ..... la i :: ./(95'0Z. Ills / / O , /. es f\ i. 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S L ��' h : "`�. its' - .„ in wreck ,„�. r, , a ,.t L........ . From staff reports IM!! ,4! F ,/£ 3' ;;., 4”�� A v• 7N 'te t • riu 0 V $ IF51 z-hide on Walnut Canyon Road i;� v ," ,x, y,1!:- ' :` " r just north of the Moorpark city '�" A Photo by Ken Koller limits. HIGHWAY FATALITY: Ventura County firefighters stem fuel (j Edward Swainson was pro- : nounced dead at die scene about leaking from the wreckage of a truck in which a Simi man died 12:30 a.m. early Sunday morning near Moorpark. According to a Californiati I , 1 Highway Patrol report, Swain- pepper tree on the passenger's but it has not been determined son was traveling northbound on side of his vehicle, the CHP if alcohol was a factor in the Walnut Canyon Road at about said. Since he was not wearing a accident. ' 55 mph when he drove off the seat belt, he was thrown across An autopsy is scheduled right shoulder. the cab and bore the full impact today, but a toxicology report to 77) He probably tried to turn of the collision, authorities said. detect whether Swainson was �� back onto the road and may Alcohol could be smelled in- under the influence of drugs or , _:a.. .4..,, ,,,,w:,a. r1,P CT-TP qa;r1 alcohol is due in a few weeks. U