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HomeMy WebLinkAboutRES CC 1991 811 1991 1016RESOLUTION NO. 91 -811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 4789 ON THE APPLICATION OF MOORPARK WEST AND MURRAY SIEGAL (ASSESSOR PARCEL NOS. 511- 162 -02 AND 511 - 162 -03) 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 Tentative Tract Map two divide two existing parcels into five parcels which will separate IPD 91 -1 thru 3, IPD -10 and 12 into individual lots; and 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, 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 210001), 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 approves Tentative Tract Map No. 4789 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. AIVA-1\ Paul .Lawraso ,Jr. City of Moorpark Lillian E. City Clerk Attachment: Exhibit A - Conditionslt '3Val for TR 4789 TENTATIVE TRACT MAP NO. APPLICANT: DATE: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 4789 Moorpark West August 19, 1991 1. The conditions of approval of this Tentative 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 Ordinances 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. A notation which references approved conditions of approval shall be included on the final map in a format acceptable to the Director of Community Development. 3. All applicable requirements of any law or agency of the State, City of Moorpark and 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. 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. 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. 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 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 1 EXHIBIT A TENTATIVE TRACT MAP N0. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 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 applicant. The subdivider's obligations under this condition shall apply regardless of whether a zone clearance is issued with respect to whether a final map or parcel map is ultimately recorded with respect to the subdivision. 8. The development shall be subject to all applicable regulations of the M -2 zone designation for the property. 9. No Zoning Clearance for IPD Nos. 91 -1 thru 3, IPD 90 -10 and - 12 shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 10. The Tentative its approval. County Recorde terminate all shall require Map. Map shall expire three years from the date of Failure to record a Final Map with the Ventura tr prior to expiration of the Tentative Map shall proceedings, and any subdivision of the land the filing and processing of a new Tentative 11. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement (Condition No. 16) will be met. 12. 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 6 TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 Notice of Determination filing fee in accordance with Assembly Bill 3158. PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 13. All proposed utilities shall be undergrounded 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. 14. 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. 15. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. 16. 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. 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. 3 TENTATIVE TRACT MAP NO. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 CITY ENGINEERING CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 19a. The applicant shall submit to the City for review and approval, a grading plan for each lot (IPD 90 -10, 12 & IPD 91- 1, 2, and 3) by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut and fill slopes shall be no steeper than 2:1 (horizontal to vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. 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 Director of Public Works. On site haul routes shall be limited to graded areas only. 20a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered 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. 21. 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. 22. 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 improvement and shall post sufficient surety guaranteeing the 4 TENTATIVE TRACT MAP N0. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50 -year storm; 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 10 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary 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. 23a. Prior to issuance of a grading permit, the applicant shall submit to the City for review and approval, street improvement plans 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. Any necessary right -of -way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any TENTATIVE TRACT MAP NO. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 necessary transitions to the satisfaction of the City Engineer. C. The applicable City standards are as follows: "A" Court shall be per plate B3 -D of the Ventura County Road Standards, modified to a 50 foot right -of -way with no sidewalks. d. Primary access to site will utilize "A" Court with secondary access indicated on the Tentative Tract Map. e. All geometric improvements shall be designed for service trucks and emergency vehicles. f. Traffic control devices for vehicles and pedestrians shall be designed and installed to safely move traffic at all access points and intersections as required by the City Engineer, or approved traffic study. g. Necessary provisions for right -of -way for any future roadway shall include adequate locations for traffic facilities. h. During the grading of roads, soils testing of the road by a qualified soils engineering firm shall be performed to determine appropriate structural sections. 24. Intersection sight distance lines shall be shown on the street improvement plans. 25. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 26. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been 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. 27. The applicant 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 Engineer. C TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 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 6- days prior to the filing of the final or parcel map for approval pursuant to government Code Section 66457. a. Notify the City in writing that the applicant 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 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 current 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 in attorney's fees and overhead expenses) of acquiring such an interest in the land. 29. The applicant shall pay all energy costs associated with any new street lighting required of Tract 4789 for a period of one year from the initial energizing of the street lights. 30. If the covenant set forth in this condition has not already been executed and recorded against the property, 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 not limited 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. 31. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (ie. landscaping, parks, fencing, etc.) or which require removal (ie. model homes, temporary debris basins, etc.) 7 TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 32. Public Works improvements having backfill of pipe shall be in 4 inches fully compacted layers unless otherwise specified by the City Engineer. 33. Soil testing for compaction for all Public Works improvements is to be performed on all pipe or conduit placement. The interval of testing shall be less than once every four feet of lift and 100 linear feet of pipe or conduit placed. 34. Prior to recordation, the access easements shown on the tentative map shall be recorded as nonexclusive easements insuring that all property owners covered within Tract No. 4789 have the right of ingress and egress at all times. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 35. The 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 Final Map. 36. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 37. 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 areas, and secondary drainage easements shall also be delineated on the map. Assurance shall be provided to the City that easements will be adequately maintained by property owners to safely convey storm water flows. 38. That 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 at all intersections. 39. The proposed road name subject to approval by the City Council shall be Atlantic Columbia Court. Such approval shall be coordinated through the City Engineer and Fire Department. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 40. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". : MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 52 &6864 STATE OF CALIFORNIA j COUNTY OF VENTURA j ss. 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 -811 was adopted by the City Council of the City of Moorpark at a meeting held on the 16th day of OCTOBER , 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER MONTGOMERY ABSTAIN: NONE this WITNESS my hand and the official seal of said City 17th day of OCTOBER . 1991. Lillian E. K lerman City Clerk =c • _. r,r.,a:.c �..� a n�ur:e�r�n �s pE R. SOOTT MONTGOMERY ROY E_ TALLEY .F. JOHN E. WOZNWK i