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HomeMy WebLinkAboutRES PC 2018 630 2018 0828 RESOLUTION NO. PC-2018-630 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 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 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 a duly noticed public hearing on August 28, 2018 the Planning Commission considered Tentative Parcel Map No. 2018-01; 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; and WHEREAS, the Community Development 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 building. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is 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 building. Resolution No. PC-2018-630 Page 2 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 in providing a new commercial parcel within existing commercial development 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 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, in that, 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, as conditioned, full off-site improvements will be provided along the entire project frontage, improving safety and drainage concerns. 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. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Tentative Parcel Map No. 2018-01 subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. PC-2018-630 Page 3 SECTION 4. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Landis, Vice Chair Aquino, and Chair Hamous NOES: None ABSTAIN: None ABSENT: Commissioner Haverstock PASSED, AND ADOPTED this 28th day of Augus, 018. ?e', _ Bruce Hamous, Chair / David Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2018-630 Page 4 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 Planned Development Permits and Conditional Use 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 incorporated into Parcel D, with final lot design subject to review and approval of the Community Development 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. Resolution No. PC-2018-630 Page 5 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 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 Resolution No. PC-2018-630 Page 6 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: 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. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 16. Prior to Final Map approval and recordation, provide drainage covenants from adjacent property subject to the satisfaction of the City Engineer. -End-