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HomeMy WebLinkAboutRES CC 1991 773 1991 0626RESOLUTION NO. 91 -773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LDM -90 -4 ON THE APPLICATION OF MARTIN V. SMITH AND ASSOCIATES Whereas, at a duly noticed public hearing on May 15, 1991, the City Council considered the application filed by Martin V. Smith and Associates requesting approval of a land division to subdivide an existing 7.52 acre parcel into two parcels of 2.88 and 4.64 acres; 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 May 15, 1991, the City Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearing. 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 is adequate and complete for the aforementioned project and approves a Mitigating Monitoring Program and findings. SECTION 2. The City Council hereby adopts the findings in the staff report dated May 1, 1991, and said report is incorporated herein by reference as though fully set forth. A:\CCRES.LDM SECTION 3. The City Council does hereby find that the aforementioned projects are consistent with the City's General Plan. SECTION 4. That the City Council hereby recommends to approves (with recommended changes) LDM -90 -4 on the application of Martin V. Smith and Associates subject to compliance with all of the attached conditions attached hereto. PASSES, APPROVED, AND ADOPTED THIS26thDAY OF JUNE 1991. aul W. awrason, City of Moorpark ATTEST: Lillian E. a lerman City Clerk Attachment: Conditi 1 for Land Division Map No. 90 -4 °o A:\CCRES.LDM LAND DIVISION MOORPARK NO.: APPLICANT: DATE: DEPAR'14IBNT OF COMMUNITY DEVBLOPIUM CONDITIONS GENERAL REOUIRENENTS LDM -90 -4 M. V. SMITH JUNE 26, 1991 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 conditions or limitations set forth. 7. The development shall be subject to all applicable City regulations regarding the M -1 zone. _ 8. 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. Also, no zoning clearance shall be issued until the applicant pays all outstanding permit processing costs to the City. A:1MVSMITH.CND LAND DIVISION MOORPARK NO.: APPLICANT: DATE: LDM -90 -4 M. V. SMITH JUNE 26, 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 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, 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 A:\MVSMITH.CND 2 LAND DIVISION MOORPARK NO.: APPLICANT: DATE: LDM -90 -4 M. V. SMITH JUNE 26, 1991 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. CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAP, THE FOLLOWNG CONDITIONS SHALL BE SATISFIED: 16. a. The applicant 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. b. 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. _ C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. A:\MVSMITH.CND LAND DIVISION MOORPARK NO.: APPLICANT: DATE: LDM -90 -4 M. V. SMITH ,TUNE 26, 19 91 17. a. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Civil Engineer in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved Soils Report. b. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs. 18. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(B) 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 and any applicable Division of Oil and Gas requirements. 19. DELETED. 20. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. 21. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements 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: Quantities of water, flow rates, major water courses. drainage areas and patterns, diversions, collection systems, flood hazard areas, sups and drainage courses. Hydrology shall be per current. Ventura County Standards except as follows: a. all catch basins in sump ,.ocations shall be designated for a 50 -year storm; A:\MVSMITH.CND LAND DIVISION MOORPARK NO.: APPLICANT: DATE: LDM -90 -4 M. V. SMITH JUNE 26, 1991 b. all catch basins on continuous grades shall be designed for a 10 -year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 100 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering any adjacent roadways; f. for a 10 -year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. h. On -site storm water retention facilities shall be designed to the City Engineer's satisfaction. 22. The applicant shall be responsible for the construction of the storm drain system identified by the City's Master Drainage Study along the east side of Spring Road from approximately the northwest corner of Lot 2 of the project (per the tentative map) to the southwest corner of the intersection of Spring Road - New Los Angeles Avenue, as well as an extension easterly from Spring Road along Flinn Avenue to Minor Street. The applicant shall be eligible for reimbursement from the remaining undeveloped parcels located within the project's drainage area upon their development: The applicant's pro rata share of the total cost of this storm drain system shall be that percentage of the area of this project divided by the total undeveloped area within the drainage area. The City and applicant shall enter into an agreement whereby the City agrees to condition the developer of the above referenced undeveloped parcels to the extent such reimbursement is legally enforceable. The reimbursement agreement shall be prepared by the City Attorney subject to review by the applicant and applicant's attorney, and the applicant shall be responsible for all City Att.:rney and other City costs for A:\MVSMITH.CND LAND DIVISION MOORPARK NO.: APPLICANT: DATE: LDM -90 -4 M. V. SMITH JUNE 26, 1991 preparation of the agreement. Applicant shall pay all legal, engineering and administrative costs incurred by the City to impose and /or enforce said agreement or at applicant's discretion shall waive its eligibility for reimbursement. The storm drain design shall be submitted to the City Engineer and Caltrans for review and approval. The cost estimate for the approved storm drain design and related professional services shall be reviewed and approved by the City Engineer. In order to minimize the impacts of drainage by this development, the applicant may provide on -site retention with a discharge of no greater than a 10 year storm from the developed site and sufficient on -site storage to accommodate the difference between this 10 year discharge and a 100 year storm. Construction of the Flinn Avenue, Minor Street and Spring Road storm drain improvements along the property frontage shall be constructed prior to occupancy. These interim storm drain improvements shall terminate at the existing 29" x 19" CMP at the southeast corner of the Spring Road - Flinn Avenue intersection. Construction of the remaining storm drain improvements shall begin no later than 180 days after completion of the SR 118 - SR 23 interconnect project. In any event, the storm drain improvements shall be constructed prior to and Caltrans repair work on Spring Road in preparation for relinquishment of this roadway to the City. 23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 24. The applicant shall make a special contribution to the City representing the applicant's pro rata share of the cost of improvements to the intersection of Spring Road - New Los Angeles Avenue. To determine the cost of these improvements as identified in the project traffic study, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. The pro rata share shall be approved by the City Council prior to Final Map approval. The contribution shall then be paid to the City, prior to Final Map approval. A:\MVSMITH.CND LAND DIVISION MOORPARK NO.: LDM -90 -4 APPLICANT: M.V. SMITH DATE: JUNE 26, 1991 25. The applicant shall submit to the City and Caltrans for review and approval, street improvement, traf f is striping and traf f is signal system plans for the intersection of Spring Road - Second Street /Flinn Avenue as described by the applicant's traffic consultant's March 15, 1991 letter (additional conceptual designs may be required), prepared by a registered civil engineer; shall enter into an agreement with the City to complete these improvement'; and shall post sufficient surety guaranteeing completion. The applicant shall be eligible for reimbursement from the remaining undeveloped parcels located to the east of this project upon their development. The applicant's pro rata share of the total cost of the traffic signal system shall be that percentage of the area of this project divided by the total undeveloped area. The City and applicant shall enter into an agreement for a term of 10 years, whereby the City agrees to condition the developers of the above referenced undeveloped parcels to the extent such reimbursement is legally enforceable. The reimbursement agreement shall be prepared by the City Attorney subject to review by the applicant and applicant's attorney and the applicant shall be responsible for all City Attorney and other City costs for preparation of the agreement. Applicant shall pay all legal, engineering and administrative costs incurred by the City to impose and /or enforce said agreement or at applicant's discretion shall waive its eligibility for reimbursement. As indicated on the attachments, the street improvements shall be two - phased. The first phase of the street improvements shall include the construction of a 14 foot wide raised median in such a way, if possible permit the traffic pattern to exist, but block left turn movements onto Spring Road from the project site along the property frontage north of Second Street, re- striping, and related improvements. Prior to signalization of the Spring Road - Second Street /Flinn Avenue intersection, the City Council reserves the right to require the applicant to install an extension to the raised median, associated striping and any other necessary modifications to prohibit left turns into Second Street. The applicant shall provide a bond in an amount approved by the City Engineer to guarantee this work. A:\MVSMITH.CND LAND DIVISION MOORPARK NO.: LDM -90 -4 APPLICANT: M.V. SMITH DATE: JUNE 26, 1991 Upon signalization of this intersection all necessary modifications shall be made to allow northbound left turns into Second Street. If Caltrans or the City has not allowed construction of the signal improvements to occur prior to occupancy, the applicant shall provide for a traffic signal warrant study to be conducted between three and six months following first occupancy. If the traffic signal is warranted and construction is allowed by Caltrans, the applicant shall immediately construct the improvements. If the traffic signal system is not warranted, additional traffic signal warrant studies shall be conducted on a semi - annual basis unless otherwise approved by the City Engineer. If construction of the traffic signal is not warranted, or Caltrans will not allow its construction prior to occupancy, the applicant shall provide an irrevocable Letter of Credit with the City in the amount of 125% of the construction cost, prior to occupancy clearance. The irrevocable Letter of Credit shall be periodically increased in accordance with general construction industry standards. The required bond for the street and signal improvements can be exonerated if a cash deposit or Irrevocable Letter of Credit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. The cash deposit or Irrevocable Letter of Credit does not relieve the applicant from constructing the improvements. The applicant shall construct the improvements upon receiving Caltrans authorization to do so. At anytime after Caltrans relinquishes Spring Road to the City, the City Council can require construction of this traffic signal. The applicant shall provide for the installation of any stop signs and related pavement markings on Harry Street and /or any modifications excluding signalization to the Roberts Avenue at Spring Road intersection if they are deemed necessary by the City Engineer due to the signalization of. the Spring Road - Flinn Avenue /Second Street intersection or installation of the raised median on Spring Road. 26. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of Zone Clearance. If previous payment of this contribution can be demonstrated to the City's satisfaction, this conditior S}iall be waived. A:\MVSMITH.CND LAND DIVISION MOORPARK NO.: LDM -90 -4 APPLICANT: M.V. SMITH DATE: JUNE 26, 1991 27. The applicant shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but notlimited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. The covenant is to be approved by the Director of Community Development prior to recordation. 28. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental 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 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 opinion as to the fair market value of the 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 applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 29. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. A:`MVSMITH.CND LAND DIVISION MOORPARK NO.: APPLICANT: DATE: LDM -90 -4 M.V. SMITH JUNE 26, 1991 30. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). 31. A meandering sidewalk along the Spring Road, Flinn Avenue, and Minor Street property frontage shall be constructed, with the precise design and location approved by the city Engineer and Director of Community Development. The following criteria for the design of the meandering sidewalk shall be met: 1. Crossfall shall not exceed two percent. 2. Sidewalks shall be a minimum 5 feet wide at all points. 3. The meandering sidewalk shall be contained either within public right -of -way or within an easement offered to the City. 4. The applicant shall agree to maintain the sidewalk any related landscaping. IN CONJUNCTION WITH FINAL NAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 32. Applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use, all right -of -way for public streets as shown on the map. 33. Applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 34. Prior to approval of the Final Map, the property line shall be moved northerly five feet to allow the hotel to meet setback requirements. 35. A Building Permit shall be issued for the hotel and restaurant and a certified pad shall be in place. A:\PAUL\MVSMITH.CND MOORPARK 71J9 R10--)ri;;3rk Avnn.: < ; ?rl �. II`• „'Id 93 ?1 STATE OF CALIFORNIA } COUNTY OF VENTURA CITY OF MOORPARK ) 1805) 529.6864 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 -773 - was adopted by the City Council of the City of Moorpark at a meeting held on the 26th day of JUNE __ , 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTG(),'-1ERY, i'EREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 30th day of JUL`_' _ _ -__, 1991. - Lillian E. Kellerman City C1ork S r 11111.1