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HomeMy WebLinkAboutRES CC 1991 810 1991 1016RESOLUTION NO. 91 -810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LDM 91 -3 ON THE APPLICATION OF MOORPARK WEST AND MURRAY SIEGAL (ASSESSOR PARCEL NUMBERS 511- 161 -03 AND 511 -161- 01 Whereas, at a duly noticed public hearing on October 2,1991, the City Council considered the application filed by Moorpark West and Murray Siegal requesting approval of a land division to combine two existing parcels of .4 and .8 acres into one parcel; Whereas, the City Council after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program and testimony, and has found that the project will not have a significant adverse effect on the environment, and has reached its decision on this matter; and Whereas, at its meeting of October 2,1991, the City Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearing; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California (beginning at Section 21000}), the City Council of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project has been completed in compliance with CEQA and State Guidelines. The City Council has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 2. The City Council hereby adopts the findings in the Planning Commission staff report dated August 19, 1991, and said report is incorporated herein by reference as though fully set forth. SECTION 3. The City Council does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 4. That the City Council hereby approves LDM 91 -1 on the application of Moorpark West and Murray Siegal subject to compliance with all of the attached conditions attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF OCTOBER, 1991. .w Paul,Tit. Lawras1h, Jr. City of Moorpark ( illian E. Re lerman City Clerk Attachment: Exhibit A: Conditions of Approval for LDM 91 -3 LAND DIVISION MOORPARK NO: APPLICANT: DATE: DEPARTMKW OF COl4iLTNITY DEVELOPMENT CONDITIONS 91 -3 Moorpark West August 19, 1991 GENERAL REODIREMENTS 1. The conditions of approval of this Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 3. All applicable requirements of any law or agency of the State, City of Moorpark an any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation of this map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map by the applicant. 5. 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. 6. That if any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining condit: -. ,r:s or limitations set forth. 7. The development shall be subject to all applicable City regulations regarding the M -2 zone. 8. No zone clearance shall be issued for construction until the final map has been recorded. Prior to the issuance of any permit, a zoning clearance shall be obtained from the Department of Community Development and a Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. EXHIBIT A LAND DIVISION MOORPARK NO: APPLICANT: DATE: 91 -3 Moorpark West August 19, 1991 9. Prior to approval of a Final Map, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. 10. The Tentative Parcel Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. 11. Prior to approval of Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 12. Prior to recordation all utility lines from the property line shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. 13. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 14. As of the date of recordation of Final Parcel Map, the parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan applicable to the property when the application was deemed complete. 15. That the subdivider 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, 2 LAND DIVISION MOORPARK NO: APPLICANT: DATE: 91 -3 Moorpark West August 19, 1991 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 the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The city will promptly notify the subdivider 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 subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The city may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The city bears its own attorney fees and costs; The city defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 16. Within two (2) days after approval of the project by the City Council, the applicant shall deposit one fee in the amount of $1,250 plus a $25.00 filing fee for the following applications which collectively comprise the project: Land Division Map No. 91 -1, Tentative Tract Map No. 4789, and Industrial Planned Development Permit Nos. 90 -7 thru 13, 91 -1 thru 3. The fee shall be paid to the County of Ventura for the State required Notice of Determination filming _ee in accordance with Assembly Bill 3158. 17. Within 45 days after City Council action of the resolution for this project, the City shall bill the applicant for all case processing fees. No recordation of LDM 91 -3 or TR 4789 shall occur until all fees for case processing have been paid to the City. 18. Prior to recordation, the applicant shall deposit with the City of Moorpark a Condition Compliance review fee in the amount of the original filing fee for each of the approved entitlements. LAND DIVISION MOORPARK NO: 91 -3 APPLICANT: Moorpark West DATE: August 19, 1991 CITY ENGINEER DEPARTlCKNT CONDITIONS PRIOR TO APPROVAL ON FINAL NAP. THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 19. Provide an updated Title Report (No more than 60 days old). IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 20. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 21. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard area and secondary drainage easements shall also be delineated on the map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. 22. The applicant shall make an irrevocable offer to dedicate on the Final Map to the City the area between the right -of -way and the sight distance lines of all intersections. 4 MOORPARK /^ 799 Moorpark Avenue Moorpark, r slrfurni ;3 93071 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 91 -810 - _ was adopted by the City Council of the City of Moorpark at a meeting held on -he 16th day of OCTOBER , 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, TALLEY, W()7.NIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER MONTGOMERY ABSTAIN: NONE WITNESS my hand and the official seal of said City this 17th day of OCTOBER _ - ----t 1991. ,illian E. Kel erman City Clerk