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HomeMy WebLinkAboutAGENDA REPORT 1987 0916 CC REG ITEM 08DITEM ?. 'I - RESOLUTION NO. 87- //e A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE APPEAL OF THE PLANNING COMMISSION DENIAL OF THE APPLICATION FILED BY EMBASSY PLAZA NO. 16 LTD REQUESTING APPROVAL OF TENTATIVE PARCEL MAP NO. LDM-11 ASSESSOR PARCEL NO. 500-39-34, -35, -85. WHEREAS, at a duly notice public hearing on July 6, 1987, the Planning Commission considered the subject application requesting approval of a tentative parcel map to subdivide the property into 2 parcels. Located at the northwest corner of Spring Road and Tierra Rejada Road. WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC-87-146 recommending disapproval of the Mitigated Negative Declaration and of Tentative Parcel Map No. LDM-11. WHEREAS, at a duly notice public hearing on August 19, 1987, the City Council considered the subject application, has received testimony regarding said project, has duly considered said proposed project, and has reached its decision; and WHEREAS, the City Council after careful review and consideration, has determined that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration, and has approved the Mitigated Negative Declaration as having been completed in compliance with CEQA and the State Guidelines issued thereunder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff report dated July 6, 1987, are hereby adopted, and said report is incorporated herein by reference as though fully set forth. SECTION 2. The City Council hereby conditionally approves Tentative Parcel Map No. LDM-11, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation of said tentative parcel map SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 16th day of September, 1987. ATTEST: Mayor of the City of Moorpark, CA. City Clerk (SEAL) Case No.: LDM-11 PAGE 1 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 Community Development Department Conditions 1. That the conditions of approval of this Land Division map supersedes all conflicting notation, specifications, dimensions, typical sections and the like which may be shown on said map and that all of the provisions of the Subdivision Map Act, City of Moorpark Subdivision Ordinance, and adopted County Policies apply. 2. That all requirements of any law or agency of the State, Ventura County, and City of Moorpark and any other governmental enmity shall be met, and all such requirements and enactment shall, by reference, become conditions of the entitlement. 3. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 4. That if any of the conditions or limitations of this entitlement are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 5. That applicant agrees as a condition of issuance (or renewal) and use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs and/or attorney's fees which the City may be required by a court to pay as a result of any such action the City may , at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligation under this condition. 6. That applicant's recordation of this map shall be deemed to be acceptance by applicant of all conditions of this land division. 7. As of the date of recordation of final (LDM) map, the lots depicted thereon shall meet the requirements of the zoning ordinance and General Plan then applicable to the property. Compliance with this condition shall be required even if the zoning and General Plan requirements in effect as of the date the tentative map is conditionally approved. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and/or general plan nor compel the legislative body to make any such amendments. 8. That at the time water service connection is made, cross connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Division of Environmental Health. 9. Prior to recording of the land division the developer shall obtain a "District Release" from the Camrosa Municipal Water District indicating payment of District's Capital Construction charges. Case No.: LDM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 PAGE 2 Community__Development Dertment.Conditions 10. Prior to recordation, a "Unconditional Will Serve" letter for water and sewer service shall -be obtained from Ventura County Waterworks District No. L e---t, P`n -/o G a- KI / 8 ) �2-2, 11. That this LDM-11 shall become null and void if the Planned Development PD-1062/1063 are not approved by the City. Case No.: LDM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 PAGE 3 City_ Engineer Standard Land Development Conditions 1. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing Completion. 2. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. 3. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: Tierra Rejada Road full width improvements shall be constructed per Plate B-2B along the entire frontage of the project. Any necessary offsite improvements for transitions east of Spring Road shall also be constructed to the satisfaction of the City Engineer. The construction shall include all drainage improvements necessary to intercept flows from a 50 year storm. A meandering sidewalk shall be constructed on the north side of Tierra Rejada Road. The developer shall be reimbursed by the City for the construction costs of the median, including landscaping and irrigation. Spring Road half width improvements shall be constructed per Plate B-2B along the entire frontage of the project site. The raised median improvements will be constructed in conjunction with this / project, per the approval of the City Engineer. At the City's option, developer shall install `i feet of asphalt - concrete paving instead of the raised median. The developer shall install raised pavement markers or similar devices approved by the City Engineer to prevent left turn movements into and out of the proposed southerly driveway on Spring Road. All necessary paving and striping for a northbound left turn pocket into the proposed northerly driveway on Spring Road shall be provided. Al meandering sidewalk shall be constructed on the west side of Spring Road Case No.: LDM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 PAGE 4 Ci ty__ FMi nee_r Standard Land Condi ti on_s 3. Continued. Developer shall provide all paving and striping improvements on the northeast corner of Tierra Rejada Road and Spring Road necessary to facilitate traffic signal installation. These improvements shall be reviewed and approved by the City Engineer. Driveways shall be per Plate E-2 modified to be 30' wide. Developer shall provide to the City of Moorpark an easement of sufficient width such that all meandering sidewalks will be within City right-of-way. 3. That prior to any work being conducted within the State or City right of way, the developer shall obtain an Encroachment Permit from the appropriate Agency. 4. ihat prior to zone clearance, the developer shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 year frequency storm; and b. Feasible access during a 10 year frequency storm. That prior to recordation, the developer shall deposit with the City of Moorpark Road/Tierra Rejada Road Improvement Area of Contribution. The actual deposit shall be the then current Moorpark Road/Tierra Rejada Road Improvement Area of Contrib tion applicable ratg at the ime the Building Permit is issued. 6. That prior to recordation, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No 2372. 7. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Case No.: LDM-11 PAGE 5 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 City__Engineer Standards Land Conditions 7. Continued. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Storm drain systems shall be sized such that all sumps shall carry a 50 year frequency storm, all catch basins on continuous grades shall carry a 1- year storm, and all culverts shall carry a 100 year frequency storm. 8. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding. 9. Prior to recordation developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 10. An erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. 11. That the developer shall construct any necessary drainage facility, including brow ditch and slope bench drainage channels, with a permanent earth tone color(s) so as to minimize visual impacts. Said color(s) shall be submitted to and approved by the Planning Director as part of the grading plans. 12. That in order to reduce visual impacts, the developer shall construct all slopes with a "rounded -off" top and toe, shall blend graded slopes in with natural slopes, and shall also undulate and vary the angle of slope faces so as to break-up the appearance of otherwise flat and uniform slope faces on slopes over 25 ft. in height. 13. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 14. Where roads are to be built requiring 4 inches of pavement, developer shall construct 3 inches of paving as an interim condition until all utility cuts or trenching is completed. The final 1 inch cap of asphalt shall be placed after all necessary trenching is completed. Case No.: LDM-11 PAGE 6 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 City Engineer Standard _Land Conditions 15. Prior to zone clearance, written permission from the Southern California Gas Company will be required stating that access to all their easements is acceptable. In addition, written permission from the Southern California Gas Company will be required for any of the following changes within the easement. - Changes in grade - Construction of any permanent structures - Planting of trees or deep rooted plants - Installation of poles, signs, or fence posts - Blockage of ingress or egress to and from the easement. 16. All storm water flows for a 50 year storm from this property shall be intercepted before entering Tierra Rejada Road or Moorpark Road. Sidewalk culverts will not be permitted. 17. Prior to recordation; a reciprocating access easement shall be granted between the two parcels. 18. Prior to zone clearance, developer shall provide $130,000 for the installation of the signal at the intersection of Tierra Rejada Road and Moorpark Road. The developer will be fully reimbursed from available Tierra Rejada Road/Moorpark Road area of contribution funds when deemed appropriate by the City Council. 19. That in conjunction with the recordation of the Final (Parcel) Map, the developer shall offer to dedicate on the Final (Parcel) Map to the City of Moorpark for public use, all the public streets right-of-way shown on the Final ((Parcel) Map. 20. That in conjunction with the recordation of the Final (Parcel) Map, the developer shall offer for dedication to the City of Moorpark a street of sufficient width along Moorpark Road to permit an ultimate right-of-way of 47 feet, according to the applicable Ventura County Road Standard Plate B-2B, west of the centerline of Spring Road (along the entire frontage of the parent parcel). 21. That in conjunction with recordation, the developer shall dedicate on the Final (Parcel) Map to the City of Moorpark the access rights adjacent to spring Road and Tierra Rejada Road along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Maps. 22. That prior to the submittal of the final Map, or a Parcel Map (containing five or more parcels), or any Parcel Map whereon dedications are required to be offered, the developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark Case No.: LOM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 PAGE 7 City Enq_ineer Standard _Land Conditions 23. Prior to zone clearance or occupancy, as deemed appropriate by the City, the developer shall deposit with the City the traffic mitigation fee. The amount of this fee has not been established at this time. The actual deposit shall be the then current traffic mitigation fee in effect at the time the deposit is required by the City. 24. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivide does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City of Moorpark (hereafter "City") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of satisfy the requirements of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an interest to be acquired, and (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the lane. 25. That lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Case No.: LDM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 PAGE 8 Water Works District No. 1 Conditions 1. Water mains will be required for service from Ventura County Water Works District No. 1. Details of on site septic system including storage facilities, pump lift station, engineering design criteria, flow rate information, details of grease removal facilities, wastewater constitents and details of operational and maintenance responsibilities for on site facilities. Annexation to Ventura County Water Works District required. Case No.: LDM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 PAGE 9 Ventura County Fire Department Conditions 1. That a street width of 25 feet shall be provided. Two way traffic with off street parking provided on both sides. 2. That the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 3. That access roads shall be installed with an all-weather surface, suitable for access by fire department apparatus. 4. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (1316"). 5. That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable ;,o the Bureau of Fire Prevention. 6. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plan within 300 feet of the development. 6. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2112 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrany. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 7. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 1250gallons per minute. The applicant shall verify that the water surveyor can provide the required quantity at the project. 8. That a minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. Case No.: LDM-11 Applicant: Embassy Group, In. PC Metting Date: July 6, 1987 Ventura County Fire Department Conditions PAGE 10 9. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 10. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 11 That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 12. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention Bureau. 13. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers. 14. That if any building(s) are to be protected by an automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to insure proper installation. 15. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. 16. That any structure greater than 5,000 sq.ft. in area and/or 5 miles from fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 17. That permits shall be obtained for flammable liquid(s) storage, as needed.