HomeMy WebLinkAboutAGENDA REPORT 2018 0919 CCSA REG ITEM 08ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 9.19.2018
ACTION Continued open public
hearing to 11.7.2018
BY M. Benson
A. Consider Resolution Approving Tentative Parcel Map No. 2018-01 to Subdivide a
1.62 Acre Lot into Four Parcels at 78 Wicks Road and Making a Determination of
Exemption Under the California Environmental Quality Act (CEQA), on the
Application of Robert Inthout. Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public hearing; and 2) Adopt
Resolution No. 2018-____, conditionally approving Tentative Parcel Map No.
2018-01.
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Planning Manager
DATE: 9/19/2018 Regular Meeting
SUBJECT: Consider a Resolution Approving Tentative Parcel Map No. 2018-01
to Subdivide a 1.62 Acre Lot into Four Parcels at 78 Wicks Road and
Making a Determination of Exemption Under the California
Environmental Quality Act (CEQA), on the Application of Robert
Inthout
BACKGROUND
On April 3, 2018 Robert Inthout submitted a Parcel Map application to subdivide a 1.62
acre lot into four parcels with a remainder lot at 78 Wicks Road. A parcel map requires a
public hearing before the Planning Commission with a recommendation to the City
Council. The City Council is the final decision maker.
On August 28, 2018, at a public hearing, the Planning Commission adopted Resolution
No. PC-2018-630 recommending approval of Tentative Parcel Map No. 2018-01 to the
City Council.
DISCUSSION
Project Setting
Existing Site Conditions:
The site is located on the south side of Wicks Road, approximately 500 feet east of
Walnut Canyon Road. There is a single family home with a detached garage on the lot,
with the address of 78 Wicks Road. Two homes south of the lot take access from
Wicks Road via an easement east of the house. There is no sidewalk, curb, or gutter
along the Wicks Road frontage.
The remainder of the lot is fenced, but otherwise unimproved. No native trees, shrubs,
or sensitive plant communities were observed on the site. The eastern portion of the lot
includes a 63-foot deep gully which collects water from Wicks Road and transports it
through a pipe to the storm drain on Everett Street.
Item: 8.A.
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Previous Applications:
On December 17, 2003 the City Council approved Vesting Tentative Tract Map No.
5130 and Residential Planned Development Permit No. 1998-02 for development of 110
homes on approximately 72 acres, on the east side of Walnut Canyon Road, north of
Wicks Road. As a condition of development, this project was required to improve Wicks
Road to a 20-foot width and install a 5-foot wide sidewalk on the south side of the street.
Although this entitlement was renewed in 2015, it is unknown when this project will be
built; therefore, it would be inappropriate to defer any improvements which would
normally be required concurrently with this Parcel Map application. Wicks Road
improvements required by the proposed project are discussed in the Analysis section
below.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Medium Density
Residential (M) Single Family Residential (R-1) Single Family Home
North Rural High Density
Residential (RH) Rural Exclusive (RE – 1AC) Single Family Home
South
Medium Density
Residential (M)
and High Density
Residential (H)
Single Family Residential (R-1)
and Residential Planned
Development (RPD)
Single Family Home
and Vacant Property
East Rural High Density
Residential (RH) Rural Exclusive (RE – 1AC) Single Family Home
West Rural High Density
Residential (RH) Rural Exclusive (RE – 1AC) Single Family Home
Project Summary
Tentative Parcel Map No. 2018-01 is proposed to subdivide an approximately 1.62 acre
lot into four parcels with a remainder lot. Normally, a parcel map can only be used to
create 4 or fewer lots. However, the California Subdivision Map Act allows for creation
of an additional lot, when that lot will be considered a “remainder” lot. This option is
often used when the remainder lot is already developed, or when the remainder lot will
remain as undeveloped open space. This is discussed further in the Analysis section
below.
ANALYSIS
Remainder Lot:
As mentioned above, the applicant is proposing to subdivide the lot into four parcels
with a remainder lot. Parcel maps with remainder lots are unusual; therefore, staff has
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inquired with the City Attorney regarding staff’s ability to require typical improvements.
The discussion below is as a result of three key questions as follows:
1. In connection with a parcel map application, can the City staff ask the applicant
to explain its development plans for a remainder parcel?
2. Can the City require improvements on a remainder parcel?
3. Can the City deny a parcel map application based on the existence of, or the
future development plans for, the remainder parcel?
The following is a summary of the City Attorney’s opinion and staff’s response:
1. A remainder parcel is an area designated on a subdivision map either identified
as a remainder parcel or omitted entirely from the map, and not divided for the
purpose of sale, lease, or finance. If the applicant intends to sell, lease, or
finance a remainder parcel for development at the time of the subdivision or in
the future, then the property would not qualify as a remainder parcel and must be
included in the tentative or parcel map.
The City has inquired into the applicant's intent in order to ascertain whether
development of the remainder parcel will occur now or in the future and the
applicant has indicated that there is no plan to develop the remainder parcel due
to its topography.
2. Where property has been designated as a remainder parcel, the City may not
require the construction of required improvements "until a permit or other grant of
approval for development of the remainder parcel is issued by the [City]."
However, this prohibition is subject to two exceptions: (1) the improvements are
necessary for reasons of public health and safety; or (2) the improvements are
required for the orderly development of the surrounding area.
Staff has carefully evaluated the map and the potential for impacts on Wicks
Road. In this case, staff feels strongly that full width street improvements along
the entire frontage of the property are necessary for reasons of public health and
safety and are required for the orderly development of the surrounding area.
3. The City cannot deny a map simply because a remainder parcel is designated on
or omitted from a map because the Subdivision Map Act, Government Code
Section 66410 et seq. ("Map Act"), expressly authorizes a remainder parcel,
unless the applicant expresses interest in selling, leasing, or financing (i.e.,
developing) the parcel. Furthermore, the findings required to approve a tentative
map or parcel map do not allow the City to simply deny a map based on the
existence of a remainder parcel. However, the City may deny a map if a
remainder parcel is intended for sale, lease, or finance at the time of the
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subdivision or in the future. In that case, the land does not qualify as a remainder
parcel and selling, leasing, or financing it in the future would violate the Map Act.
As mentioned above, the applicant has indicated that there is no plan to develop the
remainder parcel due to its topography. If the parcel map were approved as proposed,
the City would require a conditional certificate of compliance if the remainder parcel
were ever sold. A conditional certificate of compliance would require a buyer and/or
Applicant to strictly comply with the Map Act and City regulations before the property
could be developed. The expense to bring such an encumbered lot into full compliance
could render the lot unbuildable and become a long-term maintenance problem for a
future owner or the City.
The creation of the remainder lot creates a number of concerns for the future. This area
currently serves as drainage basin for some of Wicks Road, and for the surrounding
land. Drainage is currently carried through this gully, into a pipe, and out to the storm
drain system on Everett Street. There is concern that, as a remainder lot, there could
be a future lack of maintenance, causing negative impacts upon the lots below. Long
term drainage and maintenance concerns are best handled by making the remainder
portion a part of Parcel D so that a future resident will have responsibility for this land.
As proposed, the required subdivision findings cannot be made, even though the
Subdivision Map Act allows for the creation of remainder lots. By conditioning the
elimination of the remainder parcel (see Special Condition No. 1), the findings can be
made and the parcel map approved.
Wicks Road Improvements:
As mentioned above, Residential Planned Development Permit No. 1998-02 was
required to improve Wicks Road to a 20-foot width and install a 5-foot wide sidewalk on
the south side of the street. Although this entitlement was renewed in 2015, it is
unknown when this project will be built; therefore, it would be inappropriate to defer any
improvements which would normally be required concurrently with this Parcel Map
application.
As a condition of approval of this map, the applicant will be required to improve Wicks
Road to its ultimate width along its entire project frontage, and off-site to the east,
connecting to the existing curb and gutter. Improvements shall include a 20 foot wide
roadway, gutter, curb and 5 foot wide sidewalk and undergrounding of utilities,
extending off-site to the east, connecting to the existing curb and gutter. All
improvements shall be to City standards, subject to the satisfaction of the City
Engineer/Public Works Director.
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Findings
The following draft findings are provided for City Council consideration:
Subdivision Findings:
A. The proposed map, including its design and improvements, is consistent with the
City's General Plan and Zoning Ordinance as proposed, in that the map has
been designed to comply with the requirements of the City’s General Plan, and it
meets Zoning standards for the Single Family (R-1) Zone.
B. The site is physically suitable for the type of development proposed in that the
site has been engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress exist and is conditioned for the new lots, and the
site is provided with public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards can be met by the proposed project as
conditioned.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat, in that the site is currently already developed with a
single family home and detached garage; no native trees, shrubs, or sensitive
plant communities were observed on the site; and as conditioned, the lots can be
designed to mitigate long term drainage and maintenance issues.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that, adequate sanitation and drainage
are both feasible and required as conditions of approval for this development.
F. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that full access to and from Wicks
Road exists.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
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Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: June 29, 2018
Planning Commission Action Deadline: N/A
City Council Action Deadline: September 27, 2018
ENVIRONMENTAL DETERMINATION
In accordance with the City’s environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15:
Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent
with the General Plan and Zoning regulations. In addition, there is no substantial
evidence that the project will have a significant effect on the environment in that the site
has an existing single family home with a detached garage. No further environmental
documentation is required.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on September 5, 2018.
2. Mailing. The notice of the public hearing was mailed on September 5, 2018, to
owners of real property, as identified on the latest adjusted Ventura County Tax
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Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of
the assessor’s parcel(s) subject to the hearing.
3. Sign. One 32 square-foot sign was placed on the street frontage on September
7, 2018.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. 2018-____ conditionally approving Tentative Parcel Map
No. 2018-01 and making a determination of exemption under CEQA.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Tentative Parcel Map 2018-01
4. Draft Resolution with Conditions of Approval
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CC ATTACHMENT 188
CC ATTACHMENT 299
CC ATTACHMENT 31010
RESOLUTION NO. 2018-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 2018-01 TO SUBDIVIDE A 1.62 ACRE
LOT INTO FOUR PARCELS AT 78 WICKS ROAD AND
MAKING A DETERMINATION OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) IN CONNECTION THEREWITH, ON THE
APPLICATION OF ROBERT INTHOUT
WHEREAS, on April 3, 2018, an application for Tentative Parcel Map No. 2018-
01 was filed by Robert Inthout to subdivide a 1.62 acre lot into four parcels with a
remainder lot at 78 Wicks Road; and
WHEREAS, at its meeting of August 28, 2018 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and reached a decision on this matter; closed the public
hearing and adopted Resolution No. PC-2018-630, recommending to the City Council
approval of the Tentative Parcel Map as conditioned to eliminate the remainder parcel;
and
WHEREAS, at a duly noticed public hearing on September 19, 2018 for TPM No.
2018-01, the City Council considered the agenda report and any supplements thereto
and written public comments; opened the public hearing and took and considered public
testimony both for and against the proposal; closed the public hearing and reached a
decision on this matter; and
WHEREAS, the Community Development Director has reviewed this project and
found it to be categorically exempt from environmental review under the provisions of
the California Environmental Quality Act (CEQA) in accordance with Sections 15301
(Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the CEQA
Guidelines. The proposed subdivision is consistent with the General Plan and Zoning
regulations. In addition, there is no substantial evidence that the project will have a
significant effect on the environment in that the site has an existing single family home
with a detached garage.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council, based
on its own independent analysis and judgment, concurs with the Community
Development Director’s determination that the project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Sections
15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the
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CEQA Guidelines. The proposed subdivision is consistent with the General Plan and
Zoning regulations and the site is already developed. No further environmental
documentation is needed.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set
forth in the staff report(s) and accompanying maps and studies the City Council has
determined that the Tentative Parcel Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map, including its design and improvements, is consistent with the
City's General Plan and Zoning Ordinance as proposed, in that the map has
been designed to comply with the requirements of the City’s General Plan, and it
meets Zoning standards for the Single Family (R-1) Zone.
B. The site is physically suitable for the type of development proposed in that the
site has been engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress exist and is conditioned for the new lots, and the
site is provided with public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards can be met by the proposed project as
conditioned.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat, in that the site is currently already developed with a
single family home and detached garage; no native trees, shrubs, or sensitive
plant communities were observed on the site; and as conditioned, the lots can be
designed to mitigate long term drainage and maintenance issues.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation and drainage
are both feasible and required as conditions of approval for this development.
F. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that full access to and from Wicks
Road exists.
SECTION 3. APPROVAL OF PROJECT: Based on all of the findings contained
herein and all the evidence in the record of this matter, the City Council approves TPM
No. 2018-01 subject to the Standard and Special Conditions of Approval included in
Exhibit A (Standard and Special Conditions of Approval), attached hereto and
incorporated herein by reference.
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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 19th day of September, 2018.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
Exhibit A – Standard and Special Conditions of Approval
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP NO. 2018-01
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Subdivisions and
Planned Development Permits as adopted by City Council Resolution No. 2009-2799
(Exhibits A and B), except as modified by the following Special Conditions of Approval.
In the event of conflict between a Standard and Special Condition of Approval, the
Special Condition shall apply.
SPECIAL CONDITIONS
1. Prior to submittal of a Final Map for City Council approval, the remainder parcel
shall be eliminated and this portion of the property shall be incorporated into
Parcel D, with final lot design subject to review and approval of the Community
Development Director and City Engineer/Public Works Director.
2. Prior to approval of any final map for the Project, the developer shall provide a
Subdivision Improvement Agreement for review and approval by the City Council
consistent with Section 66462 of the Government Code.
3. Improvements along Wicks Road shall include conduit behind the sidewalk for
future use for broadband to the satisfaction of the City Engineer/Public Works
Director.
4. Wicks Road shall be improved to its ultimate width along its entire project
frontage, and off-site to the east, connecting to the existing curb and gutter.
Improvements shall include roadway, gutter, curb and sidewalk and
undergrounding of utilities, all to City standards to the satisfaction of the City
Engineer/Public Works Director.
5. Concurrent with map recordation, the applicant shall provide, as part of the street
improvement plans, a public service easement within the access easement,
subject to approval of the Community Development Director and City
Engineer/Public Works Director.
6. Prior to recordation, the applicant shall provide a storm drain and drainage
acceptance easement, running with the land, for the off-site improvements at the
southwest corner of the adjacent lot to the east. Such easement shall be in a
form subject to approval of the Community Development Director and City
Engineer/Public Works Director.
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7. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
8. The Conditions of Approval of this permit, City of Moorpark Municipal Code, and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
9. The Final Map must include compliance with the final Conditions of Approval and
a reference to the adopted City Council resolution in a format acceptable to the
Community Development Director.
10. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer’s concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this Map
must be made in writing, at least thirty calendar (30) days prior to the expiration
date of the map and must be accompanied by applicable entitlement processing
deposits.
11. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code, and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and/or plans or on the entitlement application. This language shall be
added as a notation to the Final Map and/or to the final plans for the planned
development.
12. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
13. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
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within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to do
so or should fail to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
14. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
15. The development must be in substantial conformance with the plans presented in
conjunction with the application for Tentative Parcel Map No. 2018-01, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
16. Prior to Final Map approval and recordation, provide drainage covenants or
easements from the adjacent property as may be required by and subject to the
approval of the City Engineer.
-End-
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