HomeMy WebLinkAboutRES PC 2005 0494 1122RFS0:_UTION NO. PC -20CS -494
A RESOLUTION OF 'R *a PLANNING COMMISSTON OF' THE
CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE
PARCEL. MAP NO. 5532 TO SUBDIVTDE AN 8.12 -ACRE.
PARCEL ON TAE NORTH SIDE OF NEW LOS ANGELES
AVENWEAH '='E SAGE ROAD, I:VMEDIATE'LY EAS' -' OF THE
SR -23 FREEWAY IN70 TWO (2) PARCELS, ON THE
APPLICATION OF NLA 118, L.l .C.
WHEREAS, at a duly noticed public hearing on November 22,
2005, the Planning Commission considered Tentative Parcel Map
No. 5532, on the application of NLA 118, L.L.C., to subdivide an
8.:2 -acre parcel on the north side of New Los Angeles
Avenue/White Sage Road, __:rTiedi.ate , y eas-, of the SR -23 Freeway,
into two parcels of 6.08 acres and 2.04 acres each; and
WHEREAS, an its meeting of November 22, 2005, the Planning
Commission considered the agenda reporr: and any supplements
thereto and written oubiic comments; opened the public hearing
and rook and considered public testimony both for and against
the proposal; ar.d reached a decision on this matter; and
WHEREAS, the Planning "orgunission concurs with the Community
Development Di.recror.'s determination that. the Environmental
Impact Repori prepared for the Special Devices Incorporated
project (SCH No. 1995071057) has adequately analyzed all
poter:tial impacts of the pro -ject proposed under '_'ent.ative Parcel
Map No. 5532.
NOW, TF nREF'OPI, THE P; A\NTNG COMMISSION OF THE C77Y OF
MOORPARK, DOES HEREBY tESOLVE AS FOLLOWS:
S7,CTTON 1. SUBD_.VLSION MAP AC7 FINDINGS: Based on the
informaTion set forth in the staff report(s) and accompanying
maps and studies, the Alarming Commission has den ermined that
the Tentative Parse; Map, with imposiLlon cf the attached
Conditions o'- Approval, :greets tine requirements of California
GovernmenT Code Sections 66473.5, 66474, 66474.6, and 664/8.1 et
seq., in that:
A. The proposed map as conditioned, and the design and
improvements of the proposed subdivision, are consistent
with t_he Ciny's General Plan, in that the property is
planned for general commercial uses and is in a location
where reta 1. .r r~:.i *:.;are or appliance stores with attached
Resolution No. ?C- 2005 -4'�-1
Page 2.
distribution /warehouse Laciliti.es are permitted, and the
resulting Lots will have an agreement, covenant, or
easement for access, parking, and drainage.
R. The site is pY:ysi.cal'. y suitable for the type and intensity
o= development proposed, in '.hat `}:e s -te has previously
been improved to allow for development of a large
commercial use w. th access to both an arterial roadway and
freeway.
C. The design of tie subdivision and the proposed improvements
are not '.ike:ly to cause substantial environmental damage or
substantially and avoidably ir:.ure fish or wildlife or
the-:r ha:nitat., in that t:no site has already been rouge
graded.
D. The
design of the
subdivision ar:d the
type of improvements
are
not_ =ikely to
cause serious pub--c
health problems, in
tha-
p.zbl is s-_ n itat
L()n servi ces are
available to the
subject
property,
and will :oe requ;.red
to meet the current
City
standards.
E. The design of the subdivision and the type of - mprovements
wi.i not conflict with easements acqu -ired by the public at
large, for access tr: rough, or use of the property wthir.
the proposed subdivisic) ,, in that no public easements exist
which w i.l 1 be adversely a ftected by the subdivision of land
on the sub sect prooert.y.
F. "here w-'-:l.1 be no discharce of waste from the proposed
subdi-vision into an existing community sewer system, in
violation of exist-ing water quality control requirements
under Water Code S,e c.- tiorr 1300') et seq., -n that no
commun -ty sewer Sti7stem exists or ;s proposed on the
property.
C. The proposed subdivision does not contain or front upon. any
public waterway, rivcr, stream, .,oast.l one, shorel -ne, lake,
or reservoir, in that. the subject property is separated
from the Arroyo Simi. to the r:orth and east by an open space
lot. and railroad rigr- -of -way.
SECTION 2. PARCEL MAE) APPROVA?.: The Planning Commission
hereby approves Tenta'..i ve Parcel Map No. 5532 Subject to the
- Onditions .,1 Approval i_nc "tided ir: Exh.ib.it A, attached hereto
and incorporated hercin by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The C0ITnmunit.y
Development Di - - ector shal 1 cert _fy to the adoption of this
Resolution No. PC -2005 -4'ar;
Page 3
resolution and shall caAse a certL ied resolution to be filed in
the book of original resolutions.
The acr'on of the foregoing direction was approved by -he
following vote:
AYES: Commissioners DiCecco and Tailion, Vice
Chair Peskay and Chair Pozza
NOES:
ABSTA.TN:
ABSENT: Commissioner Landis
PASSED, AND ADOPTED this i21' "I day of November, 2005.
Scott POWa C it
ATTEST:
a ry Hog
- - --------- - - - - --
C rr n' ty De pment Director
Exhibit. A - Conditions of Approval
Resolution No. PC- 2005 -4 94
Page 1
EXHIBIT A
CONDITIONS OF APPROVAL
FOR PARCEL MAP NO. 5532
1. This approval is for
a Tentative Parcel. Map only.
Any
further development
of the property will require
City
review to de-.e-mine
c-:--y permits, permit fees,
and
development fees .ghat
will be required.
2. All conditions, restrict.i or- s, requirements, arid easements
associated with the
Commercial Planned Development
No.
2004 -03, Conditional
Use Perm- :t No. 2005 -04,
and
Developnen` Agreemenr_
No. 2004 -C2 will continue to apply
to
both newly cr.eatea
parcels, except as modified by
.he
conditions her.eir..
3. 'A'ithin .hir.y ;30) calendar_ days of approval of this
subdivision, the appl.icar.t shall sign and return to tr:e
Planning Division ar: Aff :iday.i.'. of Agreement and Notice of
Fnti.tl.emen-- Permit Conditions of Approval, indicating that
the applicant has read and agrees to meet all Conditions of
Approval of this subdivision. The Affidavit of
Agreement / \otice shall include a legal descrip.ion of the
subject pr.oporty, and have the appropriate notary
ac know Iedgement, suitable £or recordation. The Final Map
shal._ include the rlr.al Cond --ions of Approval and a
reference to the aaoptea Planning Commission resolution in
a format acceptable to the C('.T- ).T Development Director.
4. Approval of this subdivision shall expire one (1) year from
the date of its approval un._ess a Final Mao or Parcel Map
is recorded or the approval time :s extended. The Community
Developrr.ent Director may, :at his /:ner discretion, grar.t uo
to two (2; :dditionai 1 -year ex--ensions £or Map
recordation, if --:here have been no changes in the adjacent.
areas and i.f thE! app._ica -h-. can docurr.ent that he /she has
d]li gent ly worked towards Map reccrdat.�orh during the
initial period of time. The request for extension of this
Map shall be made in wr.i.:i.na, at least thirty (30) days
prior tc., the expira-.`..or: date of the perm`.t and shall be
accompanied :-,y a similar rec_.est, for tir°lo extension of t
:'la -Ined - ,eve lopment. Perm_t and applicable er:ti`= ernent
processing de;aosil-s.
Resolutior. No. PC- 2005- /1c.;4
Page 5
5. The Conditions of Approval of this subdivision and all
provisions of the Subdivision Map Act, City of Moorpark
Municipal Code and adopted City poI:cies at the time of the
subdivision approval supersede al- conflicting notations,
specifications, dimensions, typical sections and the like
whict: may be show-, on said Map.
6. Conditions of this ent_tlement shall riot be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regiiiations or ciders of an authori7.ed
governmental agency.
7. The applicant steal_'_ defend, indemnify and ho'.d harmless the
City and it.s agents, officers anal 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 C - :.y C" I- any of i._s agencies,
departments, commissions, agent_, o f.icers, or employees
concerning tine subdivision, wh .ch claim, action or
proceeding is brc -Ii ght within ire t.i_ne period provided
therefore in Government Code Section 66999.31. The City
wil- promptly notify the subdivider of any such claim,
action or proceedi °ig, ard, if the City should fail to do so
or should fail to cooperate Nally in the defense, the
subdivider shal._ no.. thereafter be responsi:ole to defend,
indemnify and I.ol:1 harm less the C - ty or its agents,
cfficers and employees pursuant :_o this condition.
a. The City may, within its unl=imited discretion,
participate in the defense of any such claim, action
or proceeding -f- both of the foll.owi.ng occur:
' =tie City bears its own attorney fees and costs;
_1 . The City defends the claim, action or proceeding
ir goo- faith.
b. Tie applicant shall riot be requ:red to pay or perform
ary settlement of such claim, action or proceeding
unless the settlement is approved by the applicant.
The applicant's obl.igat -ons under this condition shall
apply regardless of whe--:ner a Final Nap is ultimately
recorded w_ th respect t--.o tine subcivi si on.
?. if any of the conditions or 1i.:ritat.ions of this approval
are geld to be inva -id, that :ioidinq s:ial' not invalidate
any of the r.ema -nirq conditions or l :mi.tations set forth.
Resolution No. -'C- 2005 -494
Page 6
�. Prior to or concurrently with the approval of the Parcel
Map, the applicant shall submit to �:he Ci.ty Engineer the
City's electronic image conversion fee- for the Parcel Map.
?,. Prior to approval of the Parcel Mao, !-he applicant shall
provide for mutuah access and parking easements over
Parcels 1 and 2 for m.atual ingress and egress and parking
lot use to the satisfaction of the Community Development
Director and City Engineer. Documents may be separately
recorded prior to or concurrently with the Einal Parcel Map
or must be shown on the final Parcel Map.
1 Prior_ ,.o approva L of the Parcel. Map, the applicant shall
provide for a drainage easement_ across Parcei 1 to the
benefit of Parcel 2 that pr_ov.iles for the ri_gnt to drain
aeon Parcel 1 and water that has zhus drained over Parcel
has rLght to treatment in the 10tinnaL Pollution Discharge
Elimination System 'NPDES) `_acility located on the
northerly portion of Parcel 1 to the satisfaction of the
Commun L t y Developmen- Director and City Engineer.
Documents may be separately recorded prior to or
concurrently with t e final Pars el Map or must be shown on
the final Parcel 'slap.
Please contact the ENGINEERING DEPARTMENT for compliance
with the following conditions:
The Final Map shall be prepared in accordance with, "Guide
for the Preparation of Tract. maps, Parcel. Maps and Records
of S arvey /Corner Records" as p.�bl ished by the Public Works
Agency of the County of Ventura. The various j urats /notary
acknowledgements ar.d certificates shall be modified as
appropriate to reflect the jurisdiction of the City and the
location: of the subdivision within the City. The Final Map
shall provide that each lot corner shall be monumented and
that each street centerline intersection, tangent point and
terminus shali be monumented with Ventura County ?-toad
Standard survey monament plaie -4. Street monuments shall
be intervisible. The E -4 monument disk stamping shall
read, "City Of Moorpark" and sr:aLl be center punched to
show the corner and stamped with the registration or
license number of the profess oral responsible for its
location.
:.. ConcurrentLy with the submittal
of. the
Final Map
t ^e
appl ican- sha 11 submi : a current t
prel i mi nary
t :.t 1e report
to the C_ty Erigirieer, which
clearly identifies
all
in}erested parties, lien ho;ders,
lenders
and all
other
parties having a : y record t i m e
interest
in the
real
Resolution No. PC- 2:,0`.; -4'�4
Page 7
property being subdivided. The
preliminary titie report
shall identify
the holders of any
easements that affect the
subdivision and
stall con - air:
the vesting deeds of
ownership and
easements. Thirty
(30) days prior to the
submittal of
the Final Man Mylar±
sheets, the applicant
shall provide
the City Engineer
a subdivision guarantee
policy of the
property within the
Final Map and preliminary
title report
for each area of
easement proposed to be
obtained for grading
or construction
cf improvements.
7 t. Prior to, or concurrently with, tf:e submit-tal of the Final
Map the applicant shall provide written evidence to the
City Engineer that a copy of the conditionally approved
Tentative Map, together with a copy of Section 66436 of the
State Sibdivisior. Map Ac`., has been transmitted to each
public entity or pabl is :a' i l ity that is an easement holder
of record. The appl -cant sha -1 ob-a_n subordination of
senior rights of: easement from any such public utility in
favor ol. the City.
] Prior to Final Map approval and upon submittal of the Final
Map MylarQ sheets, ike applicant seall provide the City
Engineer electronic files of the K nai Map, complete in
every fashion excerpt. for signatures, in a format
satisfactory to the City Er.g_ neer.
Upon reccr.ciation of the Final Map(s) the applicant shall
forward a photographic process copy on 3 -mil polyester Cilm
of the recorded Map(s) to the Ci_r.y Fngineer.
All let -to -Lot drainage easements or secondary drainage
easements shall fie delineated on the Final Map. Assurance
in the form of an af;reemen'. shall be provided to the City
thatt, these easements shall be adequately maintained by
property owners to safely convey stormwater flows. Said
agreement shall be submitted t.c the Ciiy Engineer for
review and approva.; and shall include provisions for the
owners association io maintain any private storm drain not
maintained by a City Assessment District in conformance
with the National Pollution Discharge elimination: System
WDES) and shal.i be a durao I e agreement that is binding
upon each fu °.ure pr.cperty owner of each loz.
Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT
for compliance with the following conditions:
At least. fo•.artc%en (l r aav:: pr :.or '.o recordation: of any
Maps, inciadina Farce: Map Waivers, the applicant shall
Resolution No. PC- 2005 -494
Page 8
submit two N) copies of the [sap to the Fire Prevention
Division for review and approval.
�a. Within sever: (7) days of the recordation of the Final
Map(s), an electronic version of the Map shalt be provided
to the Fire DlstrlCci.
,. Prior to Fir:a1 Map, the applicant, shall orovide to the Fire
District, written verification from t.ne water purveyor that
the water purveyor car: provide t. e required fire flow, as
determined by the Fire District.
Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
No di.rec-t storm drain connections to Ventura County Flood
Control Listrict raci!ities will be ai.l. owed without
appropriate 3esu Managemeni Practices (BMP's) for
compliance with Ver.7ura Countywide Stormwater Program.
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