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Home My WebLink AboutRES PC 2022 685 2022 1122 RESOLUTION NO. PC-2022-685 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 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 SHELTON 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 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 PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: 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 the requirements of the CEQA pursuant to Section 15315 (Class 15: Minor Land Divisions) of the CEQA Guidelines because the applicant is proposing a division of property that would result in the creation of two parcels, does not require a variance or exception, services and access to the proposed parcels would be required through any future planned development permits, the parcel was not involved in a division of a larger parcel within the previous two years, and the initial parcel has an average slope of less than 20% at 10.98%. No further environmental documentation is required pursuant to CEQA. SECTION 2. TENTATIVE PARCEL MAP FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 2 public testimony, the Planning Commission 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 in that there would be a future potential industrial development located at that site, which corresponds to the industrial zoning, but no development proposed with this subdivision on proposed Parcel 2. Additionally, proposed Parcel 1 contains an 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 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 available for future industrial 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 Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 3 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 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. The Ventura County Fire Protection District has reviewed the request and does not require any conditions of approval for the proposed Tentative Parcel Map. I. As outlined in the project record, including the agenda report, the proposed map, as depicted in Exhibit B, would continue to have structural fire protection and suppression services provided by the Ventura County Fire Department. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission herby recommends to the City Council approval of TPM 2022-01 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 4 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: Commissioner Alva, Barrett, Brodsly, Rokos, and Chair Landis NOES: ABSENT: ABSTAIN: PASSED, AND ADOPTED this 22nd day of November 2022. L�Ii1Gt'! Kipp 'a dis Chair Carlene Saxton Community Development Director Exhibit A — Conditions of Approval Exhibit B —Tentative Parcel Map No. 2022-01 Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 5 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: Expiration Date: 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, Development Agreements, Permittee 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 applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property and have the appropriate notary acknowledgement suitable for recordation. [CDD] 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 conditional use permit if there have been no changes in the adjacent areas and if the applicant 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. [CDD] 3. 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, Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 6 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. [CDD] 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. [CDD] 5. Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with 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 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 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 (Municipal Code Section 1.12.170). [CDD] 6. 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 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 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; 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 Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. [CDD] 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. [CDD] 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 Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 7 any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. [CDD] 9. Entitlement Processing: The applicant 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. [CDD] 10. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The applicant 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. [CDD] 11. The applicant and his/her successors, heirs, and assigns must remove any graffiti within five (five) days from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. [CDD] Permit Specific Conditions —Tentative Parcel Map 12. Prior to Final Map approval and recordation, Developer shall provide evidence of a recorded permanent access easement for Parcels 1 and Parcel 2 to the nearest public right-of-way, as approved by the City Engineer/Public Works Director. [CDD] 13. Prior to Final Map approval and recordation, applicant shall coordinate with all outside agencies confirmation of any required easements. [CDD] 14. No development or site improvements are proposed with this tentative parcel map. [CDD] 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 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 City Engineer. This includes access for an existing dirt road that is shown on the topographic background. [PW] 17. Prior to Final Map approval and recordation, provide maintenance agreement and/or covenants for all existing storm water infrastructure and conveyance facilities, subject Ensign Bickford Aerospace & Defense Resolution No. PC-2022-685 Page 8 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, Parks and Recreation Director, and the City Engineer. [PW] 20. Easement E10 appears to be for drainage conveyance purposes. Please specify to what entity this easement is being dedicated to and for what benefit. 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