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HomeMy WebLinkAboutAGENDA REPORT 1983 1005 CC REG ITEM 09A f air© o 1s) a . D RC). o OZ WOE. bt©CMIMMES. @&o g 3o2z (805) 529-6864 CITY COUNCIL LETA YANCY -SUTTON MAYOR September 30, 1983 ALBERT PRIETO MAYOR PRO TEM The Honorable City Council City of Moorpark ROGER BEAULIEU California CLINT HARPER JERRY STRAUGHAN Discussion of Proposed Ordinances Restricting Building in Geologic Fault Zones Attached for your review are two ordinances which have been prepared by the City Attorney. The first ordinance, labeled "A", affects new subdivision requests. Ordinance "B" affects applications for Residential Planned Development Permits and, if you note on pages 5 and 6, it would also require compliance prior to the issuance of a building permit on any previously approved residential PD. To be effective, each ordinance would require the inden"tification of these faults along which building would be restricted. Presumably, using accepted criteria, the applicability of the ordinances would be limited to active or potentially active faults. Prior to considering the adoption of these ordinances, I believe that more review and analysis of this subject needs to be concluded. If your Council desires to further consider this matter, I will seek the necessary informa- tion. . I also recommend that no priority be given to this matter until your Council has reviewed a complete list of matters pending before the City. NIALL FRITZ City Manager/Director of Community Development • attachments A ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA RELATING TO THE STABILITY OF THE EARTH AND SOIL. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . The City Council of the City of Moorpark , California, does hereby find, determine and declare as follows: (a) Owners of property located on earthquake faults are seeking to build residential developments on their property. (b) There is a threat to the public welfare in that property owners seeking development entitlements will seek to transfer the risk of earthquake to the City, depriving the City of funds for essential ser- vices. (c) It is in the public interest to prohibit development of the affected property except as provided herein. SECTION 2. Notwithstanding the provisions of Section 8236 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , any tentative map shall be accompanied by the following additional data and reports: a. Soils Report - A preliminary soils report prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be submitted. The report shall contain a true statement of whether or not fill is used, or is proposed. to be used in the subdivision. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. b. The civil engineer preparing the soils report shall recommend the corrective action which is likely to prevent structural damage. to each structure proposed to be constructed in the area where such soils problems exist. SECTION 3. Notwithstanding the provisions of Section 8236 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , the City Council shall not approve subdivisions where the soils report. indicates soil problems exist unless it determines that the recommended action contained in the report is likely to prevent structural damage to each structure to be constructed, and it requires as a condition to the issuance of any building permit that the recommended action be incorporated in the construction of each structure. SECTION 4. Notwithstanding the provisions of Section 8236 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , if the subdivision lies within a geological hazard area, as shown on maps on file in the Planning Department, any tentative map shall be accompanied by the following additional data and reports: a. A preliminary engineering geology and/or seismic safety report, prepared in accordance with guidelines established by the Planning Department shall be submitted. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineer- ing geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision. SECTION 5. Notwithstanding the provisions of Section 8236 or any other Section of the Ventura County Ordinance. Code adopted by Ordinance No. 1 , the City Council shall not approve the subdivision or portion thereof where geologic or seismic hazards exist, unless, as a condition to the issuance of any building permit, unless the City Council requires that any structure in the subdivision be constructed at least 250 feet away from the fault line. SECTION 6. Notwithstanding the provisions of Section 8236 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , if the City Council concludes that the action -recommended by the civil engineer pursuant to Section 1 of this Ordinance cannot completely correct the soils problem, or if a seismic safety report is prepared pursuant to Section 3 of this Ordinance, then the Council may require, as a condition of the issuance of a building permit, that the subdivider perform the following: -2- (1 ) Provide each prospective buyer of the lot with a copy of the soils report, and/or the engineering geology and/or seismic safety report; (2 ) Include a copy of the soils report, and/or engineering geology and/or seismic safety report as part of the contract to buy and sell the lot; and (3 ) Include the soils report, and/or the engineer- ing geology and/or seismic safety report as part of the grant deed when placing the deed to the lot so affected into escrow. "AGREEMENT This Agreement made this day of 198_, and between and hereinafter called "Owners" and the CITY OF MOORPARK, a general law City, hereinafter called "City" . RECITALS This Agreement is entered into in consideration of the following facts: (a) Owners own the property legally described as (Legal Description) , in the City of Moorpark (hereafter "Property" ) ; (b) The address of said property is (address) ; (c) The property is located within 1000 feet of an earthquake fault; (d) Owners have provided City with an engineer- ing geology and/or seismic safety report by dated ; (e) City requires owners to secure a permit for any development upon property; (f ) City is unwilling to approve development on the property by Owners unless City is assured that Owners will protect City and all other public entities from any liability for damage to property arising out of land failure, including but not limted to earthquakes, erosion, landslides, mudslides, subsidence, slumping , slipping , ground shaking, compaction or uneven settlement to the end that if the Owners grade for and construct the -3- ` 1 improvements, Owners will thereafter assume all • risk for land failure and will save and hold harmless the City, its officers, agents, servants and employees, and all other public agencies, their officers and employees from any liability for damage to property to the end that any economic risk of land failure on or near the property will be borne by Owners, or by insurance privately secured by Owners, and not shifted to taxpayers of the City or taxpayers of any other public entity. The report secured by Owners and submitted to City referred to in Recital (d) indicates that the proposed con- struction of property can be undertaken without significant risk of land failure. AGREEMENT NOW THEREFORE Owners promise and agree with City as follows : 1. Owners shall fully comply with all recommenda- tions contained in report referred to in Recital (d) ; and with any other condi- tions heretofore or hereafter required by City. 2. Owners hereby release the City, its officers, agents, servants and employees and all other public agencies, their governing bodies, their officers, agents, servants and employees from any liability for any damage or loss which may result from land failure on or near subject property. 3. Owners agree to hold harmless City, its Mayor, Members of its City Council , Members of its boards and commissions, its officers, agents, servants and employees, and all other public agencies, their governing bodies, their officers, agents, servants and employees from liability for any loss or damage to property arising out of any claim, suit, action, or judgment by any person, firm or corporation arising out of or occasioned by reason of land failure on the above described property or any property near or adjacent thereto. 4. That this agreement shall be recorded in the Ventura County Recorder' s Office and shall constitute a covenant running with the land and be binding upon the executors, assigns, heirs and administrators of the Owners. -4- A 5. Owners warrant that, except for Owners, no person, firm or corporation, has any ownership or security interest in the property described in paragraph (a) of the Recitals. OWNERS CITY OF MOORPARK, a general law City By ITS MAYOR ATTEST: 11 CITY CLERK SECTION 7. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner required by law. APPROVED AND ADOPTED this day of 1983. Mayor ATTEST: Clty Clerk -5- S . 's P ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA RELATING TO THE STABILITY OF THE EARTH AND SOIL. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS : SECTION 1. The City Council of the City of Moorpark, California, does hereby find, determine and declare as follows: (a) Owners of property located on earthquake faults are seeking to build residential developments on their property. (b) There is a threat to the public welfare in that property owners seeking development entitlements will seek to transfer the risk of earthquake to the City, depriving the City of funds for essential ser- vices. (c) It is in the public interest to prohibit development of the affected property except as provided herein. SECTION 2. Notwithstanding the provisions of Section 8137 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , any application for a Residential Planned Development Permit shall be accompanied by the following additional data and reports: , (a) Soils Report - A preliminary soils report prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be submitted. The report shall contain a true statement of whether or not fill is used , or is proposed to be used in the development. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the hearing on the Residential Planned Development shall be continued until the applicant has submitted a soils report containing an investi- gation of each lot within the development. (b) The civil engineer preparing the soils report shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. SECTION 3. Notwithstanding the provisions of Section 8137 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , the City Council shall not approve Residential Planned Developments where the soils report indicates that soil problems exist unless it determines that the recommended action contained in the report is likely to prevent structural damage to each structure to be constructed , and it requires as a condition to the approval of the permit that the recommended action be incorporated in the construction of each structure. SECTION 4 . Notwithstanding the provisions of Section 8137 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , if the development lies within a geological hazard area, as shown on maps on file in the Planning Department, any permit application shall be accompanied by the following additional data and reports: ( a) A preliminary engineering geology and/or seismic safety report, prepared in accordance with guidelines established by the Planning Department. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, the hearing shall be continued until the applicant has submitted an engineer- ing geology and/or seismic safety report containing an investigation of each lot within the development. SECTION 5. Notwithstanding the provisions of Section 8137 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , the City Council shall not approve a Residential Planned Development where geologic or seismic hazards exist, unless, as a condition to the issuance of any development permit, the City Council requires that any structure in the development be constructed at least 250 feet away from the fault line. SECTION 6 . Notwithstanding the provisions of Section 8137 or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , if the City Council concludes that the action recommended by the civil engineer pursuant to Section 1 of this Ordinance cannot completely correct the soils problem, or if a seismic safety report is prepared pursuant to Section 4 of this Ordinance, -2- then the Council may require, as a condition of the issuance of a development permit, that the applicant perform the following: ( 1 ) Provide each prospective buyer of a unit with a copy of the soils report, and/or the engineer- ing geology and/or seismic safety report; (2) Include a copy of the soils report, and/or engineering geology and/or seismic safety report as partAof the contract to buy and sell the unit; and ( 3) Include the soils report, and/or the engineering geology and/or seismic safety report as part of the grant deed when placing the deed to the unit so affected into escrow. (4 ) Require the buyer of the home to sign the following agreement: • "AGREEMENT This Agreement made this day of 198 , and between and hereinafter called "Owners" and the CITY OF MOORPARK, a general law City, hereinafter called "City" . RECITALS This Agreement is entered into in consideration of the following facts: (a) Owners own the property legally described as (Legal Description) , in the City of Moorpark (hereafter "Property" ) ; ( b) The address of said property is ( address) ; (c) The property is located within 1000 feet of an earthquake fault; (d) Owners have provided City with an engineer- ing geology and/or seismic safety report by dated (e) City requires owners to secure a permit for any development upon property; -3- 1 ( f) City is unwilling to approve development on the property by Owners unless City is assured that Owners will protect City and all other public entities from any liability for damage to property arising out of land failure, including but not limted to earthquakes,erosion, landslides, mudslides, subsidence, slumping , slipping, ground shaking, compaction or uneven settlement to the end that if the Owners grade for and construct the improvements, Owners will thereafter assume all risk for land failure and will save and hold harmless the City, its officers, agents, servants and employees, and all other public agencies, their officers and employees from any liability for damage to property to the end that any economic risk of land failure on or near the property will be borne by Owners, or by insurance privately secured by Owners, and not shifted to taxpayers of the City or taxpayers of any other public entity. The report secured by Owners and submitted to City referred to in Recital (d) indicates that the proposed con- struction of property can be undertaken without significant risk of land failure. AGREEMENT NOW THEREFORE Owners promise and agree with City as follows: 1. Owners shall fully comply with all recommenda- tions contained in report referred to in Recital (d) ; and with any other condi- tions heretofore or hereafter required by City. 2. Owners hereby release the City, its officers, agents, servants and employees and all other public agencies, their governing bodies, their officers, agents, servants and employees from any liability for any damage or loss which may result from land failure on or near subject property. 3. Owners agree to hold harmless City, its Mayor, Members of its City Council , Members of its boards and commissions, its officers., agents, servants and employees, and all other public agencies, their governing bodies, their officers, agents, servants and employees from liability for any loss or damage to property arising out of any claim, suit, action, or judgment by any person, firm or corporation -4- arising out of or occasioned by reason of land failure on the above described property or any property near or adjacent thereto. 4. That this agreement shall be recorded in the Ventura County Recorder' s Office and shall constitute a covenant running with the land and be binding upon the executors, assigns, heirs and administrators of the Owners. 5. Owners warrant that, except for Owners, no person, firm or corporation, has any ownership or security interest in the property described in paragraph (a) of the Recitals. OWNERS CITY OF MOORPARK, a general law City By ITS MAYOR ATTEST: CITY CLERK SECTION 7. Notwithstanding the provisions of Section 8165-0 , et seq. , or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , no zone clearance shall be issued for any development within a geological hazard area, as shown on maps on file in the Planning Department, and for which a Residential Planned Development Permit has been granted prior to the effective date of this ordinance, unless the applicant for the zone clearance has complied with all of the requirements that would be required of him under the ordinance if he were seeking a Residential Planned Development permit. SECTION 8. Notwithstanding the provisions of Section. ,• or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , no request for a grading permit shall be issued for any development within a -5 geological hazard area, as shown on maps on file in the Planning Department, and for which a Residential Planned Development permit has been granted prior to the effective date of this ordinance, unless the applicant for the grading permit has complied with all of the requirements that would be required of him under this ordinance if he was seeking a Residential Planned Development permit.. SECTION 9. Notwithstanding the provisions of Section , or any other Section of the Ventura County Ordinance Code adopted by Ordinance No. 1 , no request for a building permit shall be issued- for any development within a geological hazard area, as shown on maps on file in the Planning Department, and for which a Residential Planned Development permit has been granted prior to the effective date of this ordinance, unless the applicant for the building permit has complied with all of the requirements that would be required of him under this ordinance if he was seeking a Residential Planned Development permit. SECTION 10. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner required bylaw. APPROVED AND ADOPTED this day of 1983. MAYOR ATTEST: CITY CLERK -6-