HomeMy WebLinkAboutRES PC 2005 0490 1025RESOLUTION NO. PC -2005 -490
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 5647 TO SUBDIVIDE A 15,015 SQUARE -
FOOT PARCEL AT 363 BONNIE VIEW STREET INTO TWO
(2) PARCELS, ON THE APPLICATION OF JOSEPH VOGEL
WHEREAS, at a duly noticed public hearing on October 25,
2005, the Planning Commission considered Tentative Parcel Map
NO. 5647 on the application of Joseph Vogel, to subdivide a
15,015 square -foot parcel at 363 Bonnie View Street into two
parcels of 6,004 square feet and 9,011 square feet; and
WHEREAS, at its meeting of October 25, 2005 the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearir_g
and took and considered public testimony both for and against
the proposal; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to
Section 15315 as a Class 15 exemption for Minor Land Divisions
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying
maps and studies, the Planning Commission has determined that
the Tentative Parcel Map, with imposition of the attached
Conditions of Approval, meets the requirements of California
Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et
seq., in that:
A. The proposed map is consistent with the City's General
Plan, in that the resulting lot sizes will be in keeping
with the minimum sizes established by the City of Moorpark
Downtown Specific Plan.
B. The design and improvements of the proposed subdivision are
consistent with the applicable General Plan, in that the
character of the neighborhood as envisioned in the General
Plan will be preserved.
S:AComrcrnitp Deve�oprrent.ADEV PMTS \T P MV`)017 Vogel A
Resolution No. PC- 2005 -490
Page 2
C. The site is physically suitable for the type of development
proposed, in that the site has been prepared for
development of a single family dwelling, will require
minimal grading, and has adequate access and utility
service.
D. The site is physically suitable for the proposed
development, in that the size of the pad area on the
subject property is such that the creation of one (1)
additional lot as proposed in this request can be
accommodated without major alteration of existing terrain.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that the site already exists in a disturbed state, and
the creation of one (1) additional lot as proposed in this
request can be accommodated without major alteration of
existing terrain.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that public sanitation services are available to the
subject property, and will be required to meet the current
City standards.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that no easements exist which
will be adversely affected by the subdivision of land on
the subject property.
H. 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., in that no
community sewer system exists or is proposed on the
property.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir, in that the subject property is situated in a
hillside area away from natural drainage courses or other
bodies of water.
SECTION 2. PARCEL MAP APPROVAL: The Planning Commission
hereby approves Tentative Parcel Map No. 5647 subject to the
Conditions of Approval included in Exhibit A, attached hereto
and incorporated herein by reference.
Resolution No. PC -2005 -490
Page 3
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners Landis, Taillon, Vice - Chair Peskay
and Chair Pozza
NOES:
ABSTAIN:
ABSENT: Commissioner DiCecco
PASSED, AND ADOPTED this 25th day of October, 2005.
C - Z---
Scott Pozza Chair
le
ATTEST:
jr Ba Ho a - it D elopment Director
Exhibit A - Special and Standard Conditions of Approval
Resolution No. PC- 2005 -490
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL
FOR PARCEL MAP NO. 5647
1. This approval is for a Tentative Parcel Map only. Any
further development of the property will require Ci-�y
review to determine city permits, permit fees, and
development fees that will be required.
2. All conditions, restrictions, requirements, and easements
associated with the City of Moorpark Downtown Specific Plan
will continue to apply to both newly created parcels,
except as modified by the conditions herein.
3. Within thirty (30) calendar days of approval of this
subdivision, the applicant shall sign and return to the
Planning Division an Affidavit of Agreement and Notice of
Entitlement 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 /Notice shall include a legal description of the
subject property, and have the appropriate notary
acknowledgement suitable for recordation. The Final Map
shall include the final Conditions of Approval and a
reference to the adopted City Council resolution in a
format acceptable to the Community Development Director.
4. Approval of this subdivision shall expire one (1) year from
the date of its approval unless a Final Map or Parcel Map
is recorded or the approval time is extended. The Community
Development Director may, at his /her discretion, grant up
to two (2) additional 1 -year extensions for Map
recordation, if there have been no changes in the adjacent
areas and if the applicant can document that he /she has
diligently worked towards Map recordation during the
initial period of time. The request for extension of this
Map shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be
accompanied by a similar request for time extension of the
Planned Development Permit and applicable entitlement
processing deposits.
5. The Conditions of Approval of this subdivision and all
provisions of the Subdivision Map Act, City of Moorpark
Municipal Code and adopted City policies at the time of the
Resolution No. PC- 2005 -490
Page 5
subdivision approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said Map.
6. Conditions of this entitlement shall not be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency.
7. The applicant 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.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The applicant 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 applicant's obligations under this condition shall
apply regardless of whether a Final Map is ultimately
recorded with respect to the subdivision.
8. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
11. Prior to or concurrently with the approval of the Parcel
Map, the applicant shall submit to the City Engineer the
City's electronic image conversion fee for the Parcel. Map.
Resolution No. PC- 2005 -490
Page 6
Please contact the ENGINEERING DEPARTMENT for compliance
with the following conditions:
0. The Final Map shall be prepared in accordance with, "Guide
for the Preparation of Tract maps, Parcel Maps and Records
of Survey /Corner Records" as published by the Public Works
Agency of the County of Ventura. The various jurats /notary
acknowledgements and 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 shall be monumented with Ventura County Road
Standard survey monument plate E -4. Street monuments shall
be intervisible. The E -4 monument disk stamping shall
read, "City of Moorpark" and shall be center punched to
show the corner and stamped with the registration or
license number of the professional responsible for i-s
location.
��. Concurrently with the submittal of the Final Map the
applicant shall submit a current preliminary title report
to the City Engineer, which clearly identifies all
interested parties, lien holders, lenders and all other
parties having any record title interest in the real
property being subdivided. The preliminary title report
shall identify the holders of any easements that affect the
subdivision and shall contain the vesting deeds of
ownership and easements. Thirty (30) days prior to the
submittal of the Final Map MylarO 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 of improvements.
12. Prior to, or concurrently with, the submittal 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 Subdivision Map Act, has been transmitted to each
public entity or public utility that is an easement holder
of record. The applicant shall obtain subordination of
senior rights of easement from any such public utility in
favor of the City.
�. Prior to Final Map approval and upon submittal of the Final
Map MylarO sheets, the applicant shall provide the City
Engineer electronic files of the Final Map, complete in
Resolution No. PC- 2005 -490
Page 7
every fashion except for signatures, in a format
satisfactory to the City Engineer.
Upon recordation of the Final Map(s) the applicant shall
forward a photographic process copy on 3 -mil polyester film
of the recorded Map(s) to the City Engineer.
5. All lot -to -lot drainage easements or secondary drainage
easements shall be delineated on the Final Map. Assurance
in the form of an agreement shall be provided to the City
that these easements shall be adequately maintained by
property owners to safely convey stormwater flows. Said
agreement shall be submitted to the City Engineer for
review and approval and shall include provisions for the
owners association to maintain any private storm drain not
maintained by a City Assessment District in conformance
with the National Pollution Discharge Elimination System
(NPDES) and shall be a durable aqreement that i.s binding
upon each future property owner of each lot.
Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT
for compliance with the following conditions:
16. At least fourteen (14) days prior to recordation of any
Maps, including Parcel Map Waivers, the applicant shall
submit two (2) copies of the Map to the Fire Prevention
Division for review and approval.
Within seven (7) days of the recordation of the Final
Map(s), an electronic version of the Map shall be provided
to the Fire Distric`.
18. Prior to Final Map, the applicant shall provide to the Fire
District, written verification from the water purveyor that
the water purveyor can provide the required fire flow, as
determined by the Fire District.
Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
19. No direct storm drain connections to Ventura County Flood
Control District facilities will be allowed without
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
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