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HomeMy WebLinkAboutRES CC 1997 1311 1997 0507RESOLUTION NO. 97-1311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK (CITY), CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP 5081 ON THE APPLICATION OF AMERICAN STORES PROPERTIES, INC. FOR A SUBDIVISION OF 11.8 ACRES INTO EIGHT LOTS OF 2.5, .7, 4.1, 1.5, .6, .7, .9 AND .8 ACRES LOCATED AT THE NORTHIMST CORNER OF TIERRA REJADA ROAD AND MOUNTAIN TRAIL STREET IN THE CITY, ASSESSOR'S PARCEL NOS. 505- 0 -012- 41 WHEREAS, at a duly noticed public hearing on May 7, 1997, the City Council considered the application for approval of Vesting Tentative Tract Map No. 5081 filed by American Stores Properties, Inc. for a subdivision of an 11.8 acre parcel into lots of 2.5, .7, 4.1, 1.5, .6, .7, .9 and .8 acres located at the northwest corner of Tierra Rejada Road and Mountain Trail Street in the City, Assessor's Parcel Nos. 505 -0- 012 -41; and WHEREAS, at its meeting of May 7, 1997, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the City Council makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: The effects of the proposed subdivision have been adequately analyzed in the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring Program prepared for CPD 90 -2. The proposed subdivision will have no adverse effect on the environment. SUBDIVISION_ MAP -ACT_ FINDINGS: 1. The proposed map is consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivision are consistent with the applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 6. The design of the subdivision and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivisions. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et-seq.; and Resolution No. 97 -1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 2 The portion of Lot K described in Condition No. 39 is surplus property which is land locked and has no value other than adjoining property, should be incorporated into the lot adjacent on the downhill side and disposition of the property would be consistent with the General Plan. WHEREAS, the City Council after review and consideration of the information contained in the staff report and public hearing testimony, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council determines that the effects of the proposed subdivision have been adequately analyzed in the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring Program prepared for CPD 90 -2 and that the proposed subdivision will have no adverse effect on the environment. SECTION 2. The City Council does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 3. The City Council approves Vesting Tentative Tract Map No. 5081 subject to the following Conditions of Approval: CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5081 ON THE APPLICATION OF AMERICAN STORES PROPERTIES, INC.: DEPARTMENT OF COMMUNITY DEVELOPM= C 1=IQNS Gone - al.___Requirements 1. The conditions of approval of this Vesting Tentative Map and all provisions of the Subdivision Map Act, City Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. If there is any conflict or dispute about the applicability of any condition, applicability shall be determined by the City at its sole discretion. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. 3. 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. 4. All applicable requirements of any law or agency of the State, City and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. Resolution No. 97-1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 3 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 rules 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. This Vesting Tentative Tract Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 8. As of the date of recordation of Final Map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. Conditional approval of the Vesting 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. 9. Prior to recordation, the applicant shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format (TIF) acceptable to the City Clerk. 10. No asbestos pipe or construction materials shall be used. 11. 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 its agents, officers and employees pursuant to this condition. The City may, within its sole 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. Resolution No. 97 -1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 4 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. 12. Prior to the issuance of any building permit, a Zoning Clearance shall be obtained from the Department of Community Development. 13. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Grading 14. Every effort shall be made to use reclaimed water for common area landscaping irrigation and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to waive this condition. Generally, if the line is located more than 500 feet from the site, it may be deemed to be not feasible. 15. Temporary irrigation shall be provided for all erosion control landscaping until it is replaced with permanent irrigation. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building. Utilitv.A___cencv__Requirementz 16. Prior to approval of a Final Map, the subdivider 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. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 17. Prior to approval of the 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 the unconditional guarantee for sewer and water service until issuance of a building permit for any lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event. of the ultimate lack of adequate water or sewer service. Resolution No. 97 -1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 5 18. 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. 19. Prior to approval of a Final Map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed 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. The subdivider shall indicate in writing how this condition will be satisfied. 20. Prior to approval of the Final Map, the subdivider shall submit a deposit for condition compliance review. 21. Prior to approval of the Final Map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 22. Prior to approval of the Final Map the applicant shall submit a fee, paid in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 23. Other fees may be listed under the heading "City Engineer Department Conditions" or in the City fee schedule. CITY EN GINEER_CQNDITIONS PRIOR TO Final Mav_APPROVAL...THE FOLLOWING _CONDITIONS SHALL B8 SATISFIED: Grading /Improvements 24. All rough grading for this site shall be completed. Remaining onsite and offsite improvements shall be constructed according to the conditions of approval and approved plan (Dwg. # 96- ML- 10537) for CPD -90 -2, Major Modification No. 1 (Resolution 95- 1164). Street Improvement Requirements 25. The Developer shall have constructed all public improvements or have posted sufficient surety, in a form acceptable to the City, guaranteeing completion of public improvements described by the previously approved plans (Dwg #96- ML10537 and 96 -ML- 10541), in these conditions of approval and in the previously approved conditions for CPD 90 -2, Major Modification #1 (Resolution 95- 1164). 26. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. The right - of -way dedications shall be irrevocably offered to the City as shown on Resolution No. 97-1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 6 the approved Vesting Tentative Tract Map and per the approved improvement Plans for CPD 90 -2 Major Modification No. 1. 27. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. Any easements necessary to maintain proper sight distance shall be provided on the Final Map. 28. The Developer shall demonstrate legal access to the Tract to the satisfaction of the City Engineer. 29. Prior to Final Map approval, the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction, the developer would not have to pay the AOC fee again. Los Angeles Ave. /Tierra Rejada Road 30. The Developer shall prepare a traffic report studying the need for a second westbound left turn lane on Los Angeles Avenue at Tierra Rejada Road within 180 days after receipt of notice from the City Engineer, which notice shall be given within four (4) years after the recordation of the map. If in the opinion of the City Engineer, based on the traffic study and other traffic guidelines, a second left turn lane is warranted, the Developer shall design and construct such improvements within the time period specified in a notice from the City Engineer to the Developer, which notice shall be given within sixty (60) days after the City Engineer's receipt of the traffic report. The time period shall be one hundred eighty (180) days or such longer period as the City Engineer deems necessary. Prior to the recordation of the map, the Developer shall provide sufficient surety to cover the estimated cost of the traffic study and improvements, as determined by the City Engineer, and the surety shall be in a form acceptable to the City. All costs of study, design, construction, City review and inspection shall be borne by the Developer. Mountain Trail Median and Street Lights 31. Street lights and median improvements (including landscaping and irrigation) shall be installed on Mountain Trail Street per approved plans, or as otherwise approved by the City Engineer and Director of Community Development. In lieu of constructing these improvements, the Developer may submit a cash deposit, prior to the recordation of the Map, and enter into an agreement with California Community Builders guaranteeing construction of the improvements. The agreement is to be approved by the City Engineer and Director of Community Development. These improvements will be completed within a reasonable time, as determined by the City. Should these improvements be deemed necessary for any reason, prior to Developer constructing them, the City shall notify the Developer. If the improvements are not constructed within sixty (60) Resolution No. 97-1-111 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 7 days of the City's notification, or the City is not satisfied with the construction of the improvements, the City may utilize the cash deposit and proceed with their installation. Acquisition of Basements, Easement Vacations and Right of Way 32. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land which the Developer does not have title or ownership interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City in writing that the Developer 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. Upon written direction of the City 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 Developer will pay all of the City's direct and indirect cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 33. The developer shall process the vacation for the existing pedestrian easement, from the project site to Sagewood Drive, located at the northwest corner of the development. The developer shall be responsible for all costs of the vacation of the easement which are not paid by California Community Builders (CCB). 34. The Developer shall offer to dedicate to the City all pedestrian access and public service easements as shown on the approved Vesting Tentative Tract Map and as otherwise required by the City. An easement shall be shown on the Final Map for all sidewalks located outside the public right - of -way. The easement shall provide for public access and maintenance of the sidewalk area only. 35. The subdivider shall offer for dedication to the City the access rights adjacent to Tierra Rejada Road and Mountain Trail Street except for the approved access driveways as shown on the approved Vesting Tentative Tract Map. 36. The subdivider shall establish a Property Owners' Association for operations and maintenance at the center and shall also provide for non- Resolution No. 97-1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 8 exclusive reciprocal ingress /egress, drainage, and utility easements between and on behalf of all the owners of the commercial development on Vesting Tentative Tract Map 5081. Said easements shall be indicated on the map or other city approved document and shall be reviewed and approved by the City Engineer. 37. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Vesting Tentative Tract 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. 38. The tract boundary shall be adjusted to be one foot inside the curb line along the perimeter streets, with easements provided for public sidewalks. 39. That portion of Lot K of Tract 4342 -5, as further described below shall be incorporated within the tract and accepted for ownership, installation of landscaping, and maintenance. That portion of Lot K as shown on Tract No. 4342 -5 filed in book 116, pages 74 through 80 of Miscellaneous Records, in the records office of Ventura County, State of California, described as follows: Beginning at the Southeast corner of Lot No. 65 as shown on Tract No. 4342 -5 filed in book 116, pages 74 through 80 of Miscellaneous Records, thence. 1-st North 12 degrees- 18' -45" West, 65.821feet along the Easterly Property line of said Lot No. 65 thence. 2nd Leaving said Lot 65, North 71 degrees-111-1111 East 28.85 feet to the Westerly Lot line of said Lot K. thence. 3zd Along the Westerly boundary line of said Lot K, South 18 degrees- 49' -49" East, 68.40 feet, thence. 4-th Leaving said Lot K boundary line, South 75 degrees -541- 44 "West, 36.45 feet to the True Point of Beginning. 40. The developer shall execute a covenant running with the land (or pay a traffic mitigation fee) 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. Resolution No. 97 -1311 VESTING TENTATIVE TRACT 5081 - Conditions of Approval American Stores Properties, Inc. Page No. 9 Like) . F0 40 OIW 1 41. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 42. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 43. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after Final Map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA). The increase shall be applied to the period since original issuance of the surety and shall be increased in like manner each year thereafter. 44. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. 45. Applicant for service shall comply with the District "Rules and Regulations ". PASSED, APPROVED, PAD ADOPTED THIS,7tii DAY OF MAY, 1997. ATTEST: ! + k CL r 799 FAoorpar4 nu? ark. Califon :a 93021 (805 529 -686: STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 97- 1311 was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of MAY 1997, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, WOZNIAK, AND MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 9th day of MAY , 1997. PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember rouncilmamhar r'n,inrilmamhcr