HomeMy WebLinkAboutRES CC 2022 4147 2022 1207RESOLUTION NO. 2022-4147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP NO. 2022-01 TO SUBDIVIDE AN APPROXIMATELY 41-ACRE
LOT INTO TWO PARCELS, LOCATED AT 14370 WHITE SAGE
ROAD, AND MAKING A DETERMINATION OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF
TANNER SHEL TON ON BEHALF OF ENSIGN BICKFORD
AEROSPACE & DEFENSE
WHEREAS, on June 1, 2022, an application was filed for a Tentative Parcel Map
(TPM) No. 2022-01, to subdivide an approximately 41-acre lot into two parcels, located
at 14370 White Sage Road; and
WHEREAS, at a duly noticed public hearing on November 22, 2022, for TPM
No. 2022-01, the Planning Commission considered TPM No. 2022-01, including 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 adopted Resolution No. PC-2022-685, recommending to the City Council
approval of TPM No. 2022-01; and
WHEREAS, at a duly noticed public hearing on December 7, 2022, the City Council
considered TPM 2022-01, including 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 Director has determined that TPM
No. 2022-01 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15315 (Class 15: Minor Land Divisions) of the
CEQA Guidelines.
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
requirements of the CEQA pursuant to Section 15315 (Class 15: Minor Land Divisions)
of the CEQA Guidelines because of the following:
• The applicant is proposing a division of property that would result in the creation
of two parcels;
• The subdivision does not require a variance or exception;
• Services and access to the proposed parcels would be required through any future
planned development permits;
Resolution No. 2022-4147
Page 2
• The parcel was not involved in a division of a larger parcel within the previous two
years; and,
• The parcel in its existing state has an average slope of less than 20% at 10.98%.
Additionally, no development or improvements are proposed with this request that could
result in additional impacts. Therefore, pursuant to CEQA, no further environmental
review is required.
SECTION 2. TENTATIVE PARCEL MAP FINDINGS: Based upon the information
set forth in the staff report(s), accompanying studies, and oral and written public
testimony, the City Council makes the following findings in accordance with City of
Moorpark, Municipal Code Section 17.44.040:
A. As outlined in the project record, including the agenda report, the proposed map
depicted in Exhibit B, including its design, is consistent with the City's General Plan
and Zoning Ordinance as proposed and conditioned, in that the map has been
designed to comply with the requirements of the City's General Plan in providing
separate industrial parcels, including one for potential future development to
encourage a diversity of industrial uses, and that the proposed lots comply with the
applicable Municipal Code standards for lot size requirements in the limited
industrial (M-2) zone.
B. As outlined in the project record, including the agenda report, the Project Site, as
depicted in Exhibit B, is physically suitable for the type and intensity of
development proposed. While no development is proposed with this request, the
property is designated for industrial development and there would be the potential
for future industrial development located on the proposed Parcel 2. Additionally,
proposed Parcel 1 accommodates existing development that would not be altered,
including access and setbacks, with the approval of this tentative parcel map.
Therefore, as no development is proposed, the Project is consistent with this
finding.
C. As outlined in the project record, including the agenda report, the design of the
subdivision, as depicted in Exhibit B, would not conflict with easements acquired
by the public at-large for access, including streets and trails, through or use of the
property within the proposed subdivision because existing access easements will
remain in place with the proposed tentative parcel map.
D. As outlined in the project record, including the agenda report, the design of the
subdivision and the proposed improvements, as depicted in Exhibit B, are not likely
to cause substantial environmental effects in that there are no proposed
development improvements with this subdivision and the proposed lot boundaries
are zoned for industrial development. Proposed Parcel 1 includes an existing
development and proposed Parcel 2 would be available for future industrial
Resolution No. 2022-4147
Page 3
development and subject to environmental review at that time depending on the
proposal.
E. As outlined in the project record, including the agenda report, the design of the
subdivision, as depicted in Exhibit B, is not likely to cause serious public health
problems, in that adequate fire protection, water, sanitation and routine waste
management exist to serve the existing development on proposed Parcel 1 and
there is no development proposed on Parcel 2 that would alter existing conditions
of the site.
F. As outlined in the project record, including the agenda report, there would be no
discharge of waste from the proposed subdivision, as depicted in Exhibit B, into an
existing community sewer system in a manner that violates existing water quality
control requirements pursuant to Water Code Section 13000, et seq., in that the
site on proposed Parcel 1 has already been developed, and there is no proposed
development on Parcel 2.
G. As outlined in the project record, including the agenda report, adequate water
supplies exist to meet existing demands, anticipated demands from approved
projects and tentative maps, and the anticipated demands of the proposed Project,
as depicted in Exhibit B, in that Parcel 1 includes an existing development with
existing water service that would have been analyzed previously, and that there is
no proposed development on Parcel 2 with this proposed subdivision. Any future
development would be subject to the California Environmental Quality Act
standards at the time of review.
H. As outlined in the project record, including the agenda report, the proposed map,
as depicted in Exhibit B, is consistent with regulations adopted by the State Board
of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public
Resources Code and with the requirements of the Ventura County Fire Protection
District Ordinance regulating fire, land, and life safety for new developments, in
that that the development on proposed Parcel 1 is existing and there is no
proposed development on Parcel 2.
I. As outlined in the project record, including the agenda report, the proposed lots,
as depicted in Exhibit B, would continue to have structural fire protection and
suppression services provided by the Ventura County Fire Department.
SECTION 3. APPROVAL OF PROJECT: Based on all the findings contained
herein and all the evidence in the record of this matter, the City Council approves TPM
No. 2022-01, as depicted in Exhibit B, subject to the Conditions of Approval included in
Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference.
Resolution No . 2022 -4147
Page4
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 7th day of December, 2022.
ATTEST:
p..H!<~--
Exhibit A -Conditions of Approval
Exhibit B -Tentative Parcel Map No. 2022-01
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Resolution No. 2022-4147
Page 5
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date: December 7, 2022
Expiration Date: December 7, 2024
Location: 14370 White Sage Road
Entitlements: Tentative Parcel Map No. 2022-01
Project Description: Subdivide an approximately 41-acre lot into two parcels.
The applicant/permittee is responsible for the fulfillment of all conditions and
standard development requirements, unless specifically stated otherwise.
General Conditions
In addition to complying with all applicable City, County, State and Federal Statutes,
Codes, Ordinances, Resolutions and Regulations, and Development Agreements, the
ApplicanUPermittee expressly accepts and agrees to comply with the following Conditions
of Approval and Standard Development Requirements of this Permit:
1. Within thirty (30) calendar days of approval of this entitlement, the
applicanUpermittee shall sign and return to the Planning Division an Affidavit of
Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that
the applicanUpermittee has read and agrees to meet all Conditions of Approval of
this entitlement. The Affidavit of AgreemenUNotice shall include a legal description
of the subject property and have the appropriate notary acknowledgement suitable
for recordation. [COD]
2. This Tentative Parcel Map expires two (2) years from the date of its City Council
approval unless the Final Parcel Map has been approved. The Community
Development Director may, at his/her discretion, grant up to two (2) additional one-
year extensions for use inauguration of the tentative parcel map if there have been
no changes in the adjacent areas and if the applicanUpermittee can document that
he/she has diligently worked towards use inauguration during the initial period of
time. The request for extension of this Tentative Parcel Map must be made in
writing, at least thirty (30) days prior to the expiration date of the permit and must
be accompanied by applicable entitlement processing deposits. [COD]
3. The Conditions of Approval of this entitlement and all provisions of the Subdivision
Map Act, 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
Resolution No. 2022-4147
Page 6
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. [COD]
4. 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. [COD]
5. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Moorpark Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of compliance, or the Director
may declare, for some other just cause, the project to be a public nuisance. The
applicant/permittee shall be liable to the City for any and all costs and expenses to
the City involved in thereafter abating the nuisance and in obtaining compliance
with the Conditions of Approval or applicable codes. If the applicant/permittee fails
to pay all City costs related to this action, the City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed (Moorpark
Municipal Code Section 1.12.170). [COD]
6. The applicant/permittee 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 this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government
Code Section 66499.37 or other sections of state law as applicable and any
provision amendatory or supplementary thereto. The City will promptly notify the
applicant/permittee 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/permittee
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:
1. The City bears its own attorney fees and costs.
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant/permittee shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the settlement is
approved by the applicant/permittee. The applicant/permittee 's obligations
under this condition shall apply regardless of whether a Final Map is
ultimately recorded with respect to the subdivision or a building permit is
issued pursuant to the planned development permit. [COD]
Resolution No. 2022-4147
Page 7
7. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set forth.
[COD]
8. All facilities and uses, other than those existing on-site at the time of this permit,
are prohibited unless otherwise permitted through a planned development permit,
or other required permit application, consistent with the requirements of the zone
and any other adopted ordinances, specific plans, landscape guidelines, or design
guidelines. [COD]
9. Entitlement Processing: The applicant/permittee shall submit to the Community
Development Department all outstanding entitlement case processing fees,
including all applicable City legal service fees. This payment must be made within
sixty (60) calendar days after the approval of the Final Map. [COD]
10. The continued maintenance of the subject site and facilities is subject to periodic
inspection by the City. The applicant/permittee and his/her successors, heirs, and
assigns are required to remedy any defects in ground or building maintenance, as
indicated by the City within five (5) working days from written notification. [COD]
11. The applicant/permittee and his/her successors, heirs, and assigns must remove
any graffiti within five (5) days from written notification by the City of Moorpark. All
such graffiti removal must be accomplished to the satisfaction of the Community
Development Director. [COD]
12. Prior to Final Map approval and recordation, Developer shall provide evidence of
a recorded permanent access easement for Parcel 1 and Parcel 2 to the nearest
public right-of-way, as approved by the City Engineer/Public Works Director.
[COD]
13. Prior to Final Map approval and recordation, applicant/permittee shall coordinate
with all outside agencies confirmation of any required easements. [COD]
14. No development or site improvements are proposed with this tentative parcel map.
[COD]
Public Works/Engineering Department
15. Prior to Final Map approval and recordation, provide drainage covenants from
adjacent property owners, subject to review and the satisfaction of the City
Engineer. This includes, but is not limited to, APNs 513-0-050-225, 513-0-050-
255, and 513-0-050-265. [PW]
16. Prior to Final Map approval and recordation, provide access agreements and
covenants from adjacent property(ies), subject to review and the satisfaction of the
Community Development Director and the City Engineer. This includes access for
an existing dirt road that is shown on the topographic background. [PW]
Resolution No. 2022-4147
Page 8
17. Prior to Final Map approval and recordation, provide Maintenance Agreement
and/or Covenants for all existing storm water infrastructure and conveyance
facilities, subject to review and the satisfaction of the Community Development
Director and the City Engineer. [PW]
18. Western parcel line for Parcel 2 should be east of the existing terminus of White
Sage Road (private road), as depicted on Sheets 1 and 2 of the proposed Tentative
Parcel Map 2022-01. [PW]
19. Prior to Final Map approval and recordation, provide any slope maintenance
easements, subject to review and the satisfaction of the Community Development
Director, the Parks and Recreation Director, and the City Engineer. [PW]
20. Prior to Final Map approval and recordation, applicant/permittee shall update note
on Map specifying to what entity Easement E10 is being dedicated to and for what
benefit. [PW]
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DIIC. IWL· 6/U-11"1<-ar-a.l....., I OF l
Resolution No. 2022 -4147
Page 12
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
ss.
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2022-414 7 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 7th day of
December, 2022, and that the same was adopted by the following vote :
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin
None
None
None
WITNESS my hand and the official seal of said City this 12th day of December,
2022 .
(seal)
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