HomeMy WebLinkAboutAGENDA REPORT 2018 1219 REG CCSA ITEM 08ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 12/19/2018
ACTION Adopted
Reso No. 2018-3773
BY M. Benson
A. Consider Resolution Approving Tentative Parcel Map No. 2018-01 to Subdivide a
1.62 Acre Lot into Three Parcels and a Remainder Parcel at 78 Wicks Road,
Subject to Conditions Related to Improvements for the Remainder Parcel, and
Making a Determination of Exemption Under CEQA in Connection Therewith, on
the Application of Robert in’t Hout. (continued open public hearing from
December 5, 2018) Staff Recommendation: 1) Continue to accept public
testimony and close the public hearing; and 2) Adopt Resolution No. 2018 -3773
conditionally approving of Tentative Parcel Map No. 2018 -01
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Planning Manager
DATE: 12/19/2018 Regular Meeting
SUBJECT: Consider Resolution Approving Tentative Parcel Map No. 2018-01 to
Subdivide a 1.62 Acre Lot into Three Parcels and a Remainder Parcel
at 78 Wicks Road, Subject to Conditions Related to Improvements for
the Remainder Parcel, and Making a Determination of Exemption
Under CEQA in Connection Therewith, on the Application of Robert
in’t Hout
BACKGROUND
On April 3, 2018 Robert in’t Hout submitted a Parcel Map application to subdivide a 1.62
acre lot into four parcels with a remainder parcel 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 with certain conditions related to the remainder parcel.
This item was originally scheduled to be heard by the City Council on September 19,
2018. On September 18, the applicant, through his attorney, requested a continuance
in order to reevaluate the design of the parcel map as conditioned by the Planning
Commission. The City Council, on September 19, 2018 opened the public hearing and
continued the matter with the public hearing open to November 7, 2018 and
subsequently to December 5, 2018 and December 19, 2018. The applicant addressed
the City Council on November 7 and December 5 on the reasoning for the requested
continuance and on staff’s concerns over drainage on the remainder lot, as well as the
scope of the City’s proposed conditions on the remainder parcel.
Item: 8.A.
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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.
The rest of the lot is fenced, but otherwise unimproved. Brush and trees are scattered
throughout the lot. The eastern portion of the lot includes a 63-foot deep gully which
collects water runoff from adjacent properties and Wicks Road and transports it through
a pipe to a storm drain on Everett Street.
A limited temporary asphalt curb exists along the Wicks Road frontage. No sidewalk or
concrete gutter exists along the Wicks Road frontage, which have caused longstanding
issues with safety and efficient flow of runoff water off the site.
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.
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
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Project Summary
The applicant originally submitted a tentative parcel map which included four parcels
and an additional lot, known as a “remainder parcel.” The California Subdivision Map
Act allows for creation of an additional parcel, known as a “remainder” parcel, which is
not counted toward the number of parcels in the map. This option is often used when
the remainder parcel is already developed and no further development is contemplated,
or when the remainder parcel will remain as undeveloped open space. This is
discussed further in the Analysis section below.
Since Tentative Parcel Map No. 2018-01 was first presented to the City Council the
applicant has agreed to modify the map to reduce the number of subdivided parcels to
be created from four to three. The revised map will also provide for a remainder parcel.
ANALYSIS
As mentioned above, the applicant is now proposing to subdivide the lot into three
parcels with a remainder parcel. Parcel maps with remainder parcels are unusual in
Moorpark; therefore, staff has inquired with the City Attorney regarding staff's ability to
require improvements that the City would typically require of newly created parcels.
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 staffs response:
1. The City may ask the applicant to explain its development plans, if any, for the
remainder parcel. 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 current plan to develop the remainder
parcel due to its topography. However, the applicant has represented that the
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remainder is a view lot with future development potential once the drainage issue
is resolved.
2. The City may require improvements on the remainder parcel when necessary for
public health and safety or to ensure orderly development of the surrounding
area. Where property has been properly designated as a remainder parcel, the
City may not require the construction of 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: (A) The public health and safety”; or (B) The required
construction is a necessary prerequisite to the orderly development of the
surrounding area.” (Gov. Code § 66424.6(a)(2) (emphasis added)).
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.
There exists a steep slope on the south side of Wicks Road with no curb or other
vehicle barrier and, during storm events water drains rapidly into the gully with
limited control. Failure to widen the street at the remainder lot would create an
unimproved gap between the new parcels and existing improved parcels to the
east. However, staff is willing to require only certain limited interim improvements
to Wicks Road now while ensuring that full width street improvements and
drainage improvements will be installed if the remainder lot is left as a
“remainder” and not developed.
3. The City cannot deny a map simply because a valid 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 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 present 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
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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 this unconventional remainder parcel 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 parcel, there could be a future lack of maintenance, causing negative
impacts upon the lots below. Accordingly, staff believes long term drainage and
maintenance concerns are best handled by making Parcel D a part of the remainder
parcel.
Staff had originally recommended elimination of the remainder lot to the Planning
Commission in order to be able to make the findings required by the Subdivision Map
Act. The Planning Commission concurred and adopted a resolution with findings and
conditions of approval.
The applicant subsequently expressed his intent to make the case before the City
Council for allowing the parcel map with a remainder parcel. Staff has been working
with the applicant and his attorney to find a solution allowing for a subdivision of the
property while protecting public health and safety.
As mentioned above, there is the possibility of a future lack of maintenance on a
remainder parcel. The City Attorney and the applicant’s attorney have worked together
to find a solution in which certain interim health and safety improvements are required
and then, certain permanent improvements on the remainder parcel are planned,
required and bonded for if the remainder lot is not part of a subdivision with other
existing, adjoining parcels to the east within an agreed period of time. The elements of
this arrangement are as follows:
1. The City approves the tentative parcel map with conditions requiring immediate,
interim improvements to the street frontage along the entirety of the property.
Those immediate interim improvements would include the installation of an
asphalt curb along Wicks Road in front of the remainder parcel.
2. Concurrent with the filing of the final parcel map, the applicant would enter into a
“Remainder Improvement Agreement” requiring permanent street and drainage
improvements to be made along the entirety of the remainder parcel. These
permanent improvements include the City’s standard full-width street
improvements, including a permanent curb, gutter, sidewalk, and landscaping.
The permanent improvements will also include a drainage system that accepts
and transfers water from adjacent properties and Wicks Road in a manner that
does not increase the volume or flow of drainage onto downstream properties. A
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condition of approval has been added to require the applicant to enter into the
Remainder Improvement Agreement, which will require final improvements to be
completed within 24 months of approval of the final parcel map and submittal of a
grading and drainage plan for the entire site, along with a solution for long-term
maintenance responsibilities. Section 16.36.010 of the Moorpark Municipal Code
requires that, prior to the approval by the city council of any final map or the
acceptance of the dedication of any of the streets, alleys or other public places
shown thereon, the owner or subdivider shall enter into a subdivision
improvement agreement, whereby the owner or subdivider agrees to construct
the required improvements, within one year after the approval of the final map.
3. During the term of the Remainder Improvement Agreement, the applicant may
propose to subdivide the remainder parcel as part of a joint development and
drainage plan with the neighboring property owner to the east. If the applicant
files a subsequent subdivision map that includes the remainder parcel, the City
will revisit the scope and timing of the permanent improvements along the
remainder parcel. If the City Council approves a subsequent parcel map that
includes the remainder, and the permanent street and drainage improvements
are not complete, the City would require a new subdivision improvement
agreement in connection therewith specifying when the permanent improvements
will be completed. This subsequent and superseding subdivision improvement
agreement would replace the Remainder Improvement Agreement.
4. By this process, the applicant will have time to work with his adjoining neighbor to
the east to see if a development plan can be developed that includes using the
remainder parcel together with other land to create new developable lots. If that
future subdivision becomes an actual approved parcel map, then the permanent
improvements to the remainder parcel can be made in conjunction with that
subsequent subdivision. On the other hand, if the applicant is unable to proceed
with his neighbor to the east, then the applicant would be still bound under the
Remainder Improvement Agreement to complete the permanent improvements
on the remainder. If the applicant fails to meet the timeline for constructing the
improvements in that Remainder Improvement Agreement, then the City would
have bonds in place to call upon to pay for the cost of constructing those
improvements. In this way, there is both time and an incentive for the applicant
to come to an arrangement with his neighbor to make the remainder part of a
separate and subsequent subdivision. But if that arrangement cannot be
reached and 24 months pass without progress, then the City will have the
Remainder Improvement Agreement and bonds in place in connection with the
final approval of this parcel map to ensure that the street and drainage
improvements are made to the remainder. Also, in the intermediate period of
time, the applicant will be required to construct an asphalt curb along the project
frontage to keep further water flow in the street rather than running into the gully
on the remainder lot.
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As part of the normally required Subdivision Improvement Agreement, a condition has
been added to the recommended conditions of approval requiring the applicant’s
construction of a temporary asphalt curb to be installed along the edge of the existing
street pavement improvements adjacent to the project frontage, and connecting to the
existing curb to the east.
Additionally, a condition of approval has been added to the recommended conditions of
approval requiring the Subdivision Improvement Agreement and Grading and Drainage
plans to be prepared by a registered civil engineer and include a drainage collection
system for the entire subdivision including remainder parcel, subject to the review and
approval of the City Engineer/Public Works Director. This system must convey water
from the applicant’s parcels as well as portions of the properties to the north of the
drainage collection system. A Homeowner’s Association or other entity will be required
to provide for ongoing joint maintenance of the hillside and drainage collection system,
and the subdivider will need to demonstrate the right to convey stormwater across
properties to the south prior to final map approval.
As discussed above, this solution requires the City Council to find that (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. Once
those findings are made, the Subdivision Map Act allows the City to require the
improvements to be completed within a reasonable period of time.
This solution allows the applicant to make improvements on the buildable lots and either
sell or develop them, while at the same time establishing a plan for long-term street and
drainage improvements on the remainder parcel.
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 is
consistent with the policies of the City’s General Plan in that it provides for a
variety of housing opportunities 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.
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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, as conditioned, full onsite and off-
site street pavement and drainage improvements will be provided, including
along the entire project frontage, improving safety and drainage concerns, and
sewer and water improvements are also required.
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
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: Originally September 27, 2018, extended at the request
of the applicant through December 26, 2018
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The Permit Streamlining Act allows for an applicant to grant one 90-day extension for an
entitlement. In this case, the applicant submitted an extension letter in order to allow
time for discussions between the applicant and City staff. This extends the permit
processing deadlines through December 26, 2018.
The hearing was originally continued to November 7, but staff and the applicant had not
yet concluded their discussions. Due to a prior cancellation of the November 21st City
Council meeting due to the Thanksgiving holiday, there was no City Council meeting on
November 21. The agenda item was continued with the public hearing still open to
December 5, 2018. This allowed for one additional City Council meeting on December
19, 2018, if needed, to reach a decision on this application.
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 building. 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.
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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
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. Continue to accept public testimony and close the public hearing; and
2. Adopt Resolution No. 2018-____ conditionally approving Tentative Parcel Map
No. 2018-01
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 212
CC ATTACHMENT 313
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 THREE PARCELS WITH ONE REMAINDER
PARCEL AT 78 WICKS ROAD AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF
ROBERT IN’T HOUT
WHEREAS, on April 3, 2018, an application for Tentative Parcel Map No. 2018-
01 was filed by Robert in’t Hout to subdivide a 1.62 acre lot into four parcels with a
remainder parcel 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; closed the public hearing and adopted Resolution No.
PC-2018-630, recommending to the City Council conditional approval of the Tentative
Parcel Map; and
WHEREAS, at duly noticed public hearings on September 19, 2018, November
7, 2018, December 5, 2018, and December 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 building.
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
CEQA Guidelines. The proposed subdivision is consistent with the General Plan and
CC ATTACHMENT 4
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Resolution No. 2018-____
Page 2
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, 66478.1, and 66424.6., 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 is
consistent with the policies of the City’s General Plan in that it provides for a
variety of housing opportunities 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, as conditioned, full onsite and off-
site street pavement and drainage improvements will be provided, including
along the entire project frontage, improving safety and drainage concerns, and
sewer and water improvements are also required.
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.
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Resolution No. 2018-____
Page 3
G. The construction requirements for improvements for the designated remainder
parcel, contained in the Special Conditions of Approval, must be completed by
the deadlines stated therein for the following reasons:
1. The public health and safety because there exists a steep slope on the
south side of Wicks Road with no curb or other vehicle barrier and, during
storm events water drains rapidly into the gully with limited control.
2. The orderly development of the surrounding area because Failure to
widen the street at the remainder lot would create an unimproved gap
between the new parcels and existing improved parcels to the east.
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.
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 December, 2018.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
Exhibit A – Standard and Special Conditions of Approval
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Resolution No. 2018-____
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 Subdivisions and
Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit
A), 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. The Final Map shall merge the remainder parcel with Parcel D to create a single,
larger remainder parcel comprised of Parcel D and the remainder parcel
identified in the Tentative Map, with final remainder parcel design subject to
review and approval of the Community Development Director and Public Works
Director/City Engineer. Parcel D will be removed from the Final Map.
2. As soon as practicable after approval of the Tentative Map, but in no case more
than 90 days, the applicant shall construct interim improvements to the street
frontage along the entirety of the remainder parcel. Such interim improvements
include an asphalt curb along Wicks Road in front of the remainder parcel.
3. Prior to approval of a Final Map, the applicant shall enter into an agreement with
the City pursuant to California Government Code Section 66424.6(a)(2), which
will require the completion of permanent street and drainage improvements
adjacent to, and on the remainder parcel within 24 months of approval of the
Final Map (“Remainder Improvement Agreement”). Such street and drainage
improvements shall include, at a minimum full-width street improvements,
including a permanent curb, gutter, drainage pipe, sidewalk, landscaping, and
utility undergrounding within the existing right-of-way. The permanent
improvements will also include a drainage system that accepts and transfers
water from the adjacent properties and Wicks Road. The grading and drainage
plans for this drainage system shall be subject to the review and approval of the
City Engineer/Public Works Director. Off-site drainage shall not be accepted or
transferred in a fashion which increases the volume or flow of drainage onto
downstream properties. The Remainder Improvement Agreement shall require
the posting of bonds prior to Final Map approval, satisfactory in form to the
Community Development Director, and guaranteeing completion of the
permanent street and drainage improvements.
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Resolution No. 2018-____
Page 5
4. If a new subdivision map is filed with the City to further subdivide the remainder
parcel, along with adjacent property currently not owned by the applicant, then
the City and the applicant will meet in good faith to reconsider the permanent
street and drainage improvements and timeline for their completion required by
the Remainder Improvement Agreement. If the improvements have not yet been
completed before the final map is approved for the new subdivision map, the City
will enter into a Subdivision Improvement Agreement with the applicant in
accordance with the Subdivision Map Act, which would replace the Remainder
Improvement Agreement, specifying the deadline for completion of the
permanent street and drainage improvements.
5. A drainage collection system shall be provided for the subdivided parcels that is
subject to the review and approval of the City Engineer/Public Works Director.
This system must convey water from the applicant’s parcels as well as portions
of the properties to the north of the drainage collection system delineated below.
Full compliance with the Los Angeles Regional Water Quality Board’s MS4 and
Statewide General Construction Permit will be required. The drainage collection
system for the remainder parcel may be completed as part of the drainage
system for the subdivided parcels; otherwise, its completion is addressed in
special condition of approval no. 3. The Subdivision Improvement Agreement
and Grading and Drainage plans shall include a drainage collection system
subject to the review and approval of the City Engineer/Public Works Director.
This system must convey water from the applicant’s parcels as well as portions
of the properties to the north of the drainage collection system. Full compliance
with the Los Angeles Regional Water Quality Board’s MS4 and Statewide
General Construction Permit will be required.
6. A Homeowner’s Association or other entity shall be established to provide for
ongoing joint maintenance of the hillside and drainage collection system,
including the right to convey stormwater across both the Iwansky/182 Wicks
Road (512-0-040-250) and 2350340 Ontario LTD (in’t Hout)/171 Everett Street
(512-0-061-270) parcels to the public right of way.
7. Improvements along Wicks Road, including the remainder parcel, shall include
conduit for future use by the City at its sole discretion for broadband to the
satisfaction of the City Engineer/Public Works Director.
8. Wicks Road along the subdivided parcels 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, landscaping, and undergrounding of utilities, all to City standards to the
satisfaction of the City Engineer/Public Works Director.
9. Concurrent with map recordation, the applicant shall provide, as part of the street
improvement plans, a public service easement within the access easement,
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Resolution No. 2018-____
Page 6
subject to approval of the Community Development Director and City
Engineer/Public Works Director.
10. 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.
11. 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.
12. The Final Map must comply with the final Conditions of Approval and include a
reference to the adopted City Council resolution in a format acceptable to the
Community Development Director.
13. 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.
14. 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.
15. 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.
16. 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
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Resolution No. 2018-____
Page 7
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
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.
17. 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.
18. 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.
19. Prior to Final Map approval and recordation, provide drainage covenants from
adjacent properties subject to the satisfaction of the City Engineer.
-End-
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