Loading...
HomeMy WebLinkAboutRES CC 2018 3773 2018 1219 RESOLUTION NO. 2018-3773 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 Zoning regulations and the site is already developed. No further environmental documentation is needed. Resolution No. 2018-3773 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, 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. Resolution No. 2018-3773 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. ' ' /I ql..(A/w‘J Ja ce S. Parvin, Mayor ATTEST: IV,I I r• • 6, 4 Maureen Benson, City Clerk �r r r � ti Exhibit A — Standard and Special Conditions of Approval Resolution No. 2018-3773 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. Resolution No. 2018-3773 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, Resolution No. 2018-3773 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 Resolution No. 2018-3773 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- Resolution No. 2018-3773 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2018-3773 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of December, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 16th day of January, 2019. Maureen Benson, City Clerk (seal)