HomeMy WebLinkAboutRES 1985 56 0926RESOLUTION NO. PC -85 -56
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNNED
DEVELOPMENT NO. RPD -1044 ON APPLICATION OF CARLS-
BERG CONSTRUCTION COMPANY. ASSESSORS PARCEL NO.
500 -35 -17 & 27.
WHEREAS, at duly noticed public hearing on August 29,
1985, the Moorpark Planning Commission considered the applica-
tion of a 16.84 acre companion to the single family subdivision,
containing single and two -story architecturally compatible single
family dwellings.
WHEREAS, the Planning Commission, after review, consid-
eration and approval of the Subsequent Environmental Impact Report
has found that this project will not have a significant effect
on the environment'; and has reached its decision in the matter;
NOW, THEREFORE, THE PLANNING COMMISSION OF TH$ CITY
OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. that the findings contained in the staff
report dated August 29, 1985, which report is incorporated by
reference as though fully set forth herein are hereby approved;
SECTION 2. That at its meeting of August 29, 1985,
the Planning Commission took action to direct staff to prepare
a Resolution, with attached staff recommended conditions as modified,
recommending approval of Residential Planned Development No.
RPD -1044; said Resolution to be presented for Consent Calendar
action at the next regularly scheduled meeting. The action with
the foregoing direction was approved by the following roll call
vote:
AYES: Chairman Holland, Commissioner Hartley, LaPerch;
NOES: Commissioner Rosen;
ABSTAIN: None;
ABSENT: None;
19985. PASSED, APPROVED AND ADOPTED this 24W day of September,
ATTEST:
Acting Secretary
ALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tern
THOMAS C. FERGUSON
Councilmember
DANNY A. WOOLARD
Councilmember
LETA YANCY - SUTTON
Councilmember
DORIS D. BANKUS
City Clerk
JOHN C. GEDNEY
City Treasurer
,'O _
FROM
DATE _
>UB..TECT
MOORPARK
MEMORAND[JM
The Honorable Planning Commission
Steven Kueny, City Manager
September 6, 1985
Tentative Tract Map No. 4069 (Carlsberg)
nnglL FHI I
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
At the August 29, 1985 meeting, the Commission opened the Public Hearing on
this proposed project, but continued it to September 12, 1985. The continuation
was required by the City Manager to permit a review by staff of the applicant's
request concerning deletion of a number of standard conditions. The applicant's
request is apparently based upon their intention to sell the property to a
church. The intended new owner (church) is not planning to construct a church
for a few years.
Staff is concerned with any deletion of standard conditions on this project, since
the intended sale may not be completed, or, if completed, the church could sell
the property at a later date. In any event, conditions of approval for a sub-
division shouldn't be tailored to any particular potential use.
Staff has, however, reviewed the recommended conditions of approval and
recommends the following modifications:
28.
34.
Issuance of zone clearance
"Recordation"
not recordation
35.
should read
"Recordation"
"issuance"
37.
should read
"issuance"
39.
Issuance of zone clearance
Issuance
not recordation
40.
of zone clearance
Issuance
not recordation
42.
of zone clearance
On
not recordation
second line, after the word "the ", insert:
"CC &R's will include provision
that the..."
In addition, it should be noted that Condition No. 30 is contained within the City's
r-�abdivision ordinance and could not be changed without an alnendment to that
dinance. Staff supports leaving both the condition and ordinance with their
present language. Staff is still looking at a possible option for Condition No 41
I Moorpark Avenue
Moorpark, California 93077
(805) 529 -8864
The Honorable Planning Commission
September 6, 1985
Page 2
and will
report to the Commission at the meeting. Staff will make a presentation
concerning Condition No. 10 at the meeting. On September 3, 1985, for Tracts
3525 and 3019, the City Council modified the recommended language with a
modified condition to reflect the City's practice of using an agreement with the
developer in lieu of their obtaining an unconditional availability letter. As you
know, the Waterworks District does not currently issue unconditional availability
letters for map recordation. Staff is still preparing the actual language of the
condition.
SK: ddb
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CONDITIONS FOR: Tract 4069
DATE: APPLICANT: Carlsberg Const.
PAGE: 1
PLANNING DIVISION CONDITIONS:
1. The conditions of approval of this Tentative Maps supersede
all conflicting notations, specifications, dimensions,
typical sections and the like which may be shown on said map
and all of the provisions of the Subdivision Map Act, City
of Moorpark Subdivision Ordinance and adopted County
Policies apply.
�• 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.
3. The developer's recordation of this map and /or commencement
Of construction and /or operations as a result of this map
shall be deemed to be acceptance by applicant of all
coqditions of this map.
4. The development shall be subject to all applicant regula-
tions of the Residential Planned Development zone.
S. All utilities shall be placed underground.
6. No zoning clearance shall be issued for residential con-
struction until the Final Map has been recorded. Prior to
construction, a zoning clearance shall be obtained from the
Planning Division and a building permit shall be obtained
from the Building and Safety Division.
7. Prior to recordation, the developer shall demonstrate by
Possession of a District Release from the Calleguas Munici-
pal Water District that arrangement for payment of the
Capital Construction Charge applicable to the proposed sub-
division has been made.
8. The Tentative 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
Tentative Map.
the land shall require the filing and processing of a new
9. At the time water service connection is made, cross- connec-
tion control devices shall be installed on the water system.
10. Prior to recordation, a "Will- Serve" letters shall be
obtained from County Waterworks District No. 1 for sewage
and water service for each lot created. Said letter shall
be filed with the Planning Division.
CONDITIONS FOR: Tract 4069 APPLICANT: Carlsberg Const.
DATE:, PAGE: 2
11. That prior to recordation, the applicant shall pay all fees
pursuant to the City of Moorpark Municipal Code, Sections
8279 -4 et seq., for the purpose of providing fees in lieu of
land dedication for local park acquisition and /or develop-
ment of park facilities for the future residents of the sub-
division.
12. That the developer shall construct any necessary drainage
facility, including brow ditch and slope bench drainage
channels, with a permanent earth tone color(s) so as to
minimize visual impacts. Said color(s) shall be submitted
to and approved by the Planning Director as part of the
grading plans.
13. That in order to reduce visual impacts, the Developer shall
construct all slopes with a "rounded -off" top and toe and
shall blend graded slopes in with natural slopes.
14. Improvements (development) to the parcel, other than identi-
fied within the Conditions of Approval, are subject to the
submittal and approval of a Residential Planned Development
Permit.
FIRE DEPARTMENT CONDITIONS:
15. That access roads shall be installed with an all- weather
surface, suitable for access by Fire Department apparatus.
16. That all drives shall have a minimum vertical clearance of
13 feet, 6 inches (13'611).
17. That approved turn - around areas for fire appartus shall be
provided where the access road is 150 feet or farther from
the main thoroughfare.
18. Any gates to control vehicle access are to be located to
allow a vehicle waiting for entrance to be completely off
the public roadway. If applicable, it is recommended that
control gate(s) swing
shallbe subject tor review sby theeB Bureau d of Fire
Prevention.
19. That prior to construction, the applicant shall submit plans
to the Ventura county Bureau of Fire Prevention for approval
of the location of fire hydrants. Show existing hydrants on
Plan within 300 feet of the development.
20. That fire hydrants shall be installed and in service prior
to combustible construction and shall conform to the minimum
standards of the County Water Works Manual.
CONDITIONS FOR: Tract 4069 APPLICANT: Carlsberg Const.
DATE: PAGE: 3
a. Each hydrant shall be a 6 inch wet barrel design and
shall have 2 4 -inch and 1 A -inch outlet(s).
b. The required fire flow shall be achieved at no less
than 20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center, and
so located that no structure will be farther than 150
feet from any one hydrant.
d. Fire hydrants shall be located back of sidewalk. (Ref.
City of Camarillo Engineering Drawing W -5.)
21. That the minimum fire flow required is determined by the
type of building construction, proximity to other struc-
tures, fire walls, and fire protection devices provided, as
specified by the I.S.O. Guide for Determining Required Fire
Flow. Given the present plans and information, the required
fire flow is approximately 3,500 gallons per minute. The
applicant shall verify that the water purveyor can provide
the required quantity at the project.
22. That a minimum individual hydrant flow of 1,750 gallons per
minute shall be provided at this location.
23. That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing,
according to the Ventura County Weed Abatement Ordinance.
24. That address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 250 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event a struc-
tures) is not visible from the street, the address num-
bers) shall be posted adjacent to the driveway entrance.
25. That building plans of public assembly areas, which have an
occupant load of 50 or more, shall be submitted to the
Ventura County Bureau of Fire Prevention for review.
26. That fire extinguishers shall be installed in accordance
with National Fire Protection Association, Pamphlet #10.
The placement of extinguishers shall be reviewed by the Fire
Prevention Bureau.
27. That if any building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County Bureau of Fire Prevention
for review.
CONDITIONS FOR: Tract 4069
DATE: APPLICANT: Carlsberg Const.
' PAGE: 4
CITY ENGINEER CONDITIONS:
28. That prior to recordation of each Phase, the developer 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.
29. That prior to recordation, the developer shall submit to the
City of Moorpark, for review and approval, a Final Geotech-
nical Report. The grading plan shall incorporate the
recommendations of the approved Geotechnical Report.
30. That prior to recordation, the developer shall submit to
the City of Moorpark, for review and approval, street
improvement plans prepared by a Registered Civil Engineer;
shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety
guaranteeing the construction of the improvements.
31. The improvements shall include concrete curb and gutter,
sidewalk, street lights, striping and signing, and paving in
accordance with the Ventura County Road Standards. The
applicable Road Standard Plates are as follows:
Moorpark Road per Plate B -2B
Peach
half extension - BSA 1e
of additional
paving on the east side of the street.
32. That in conjunction with the recordation of the Final Map,
the developer shall offer to dedicate on the Final Map to
the City of Moorpark, for public use, all the public
streets right -of -way shown on the Final Map including the
extension of Peach Hill Road (ultimate right -of -way of 53
feet).
33. That prior to any work being conducted with the City or
state right -of -way, the developer shall obtain an Encroach-
ment Permit from the appropriate agency.
34. That prior to the recordation of a Zone Clearance, the
developer shall deposit with the City of Moorpark a contri-
bution for the Moorpark Road /Tierra Rejada Road Improvement
Area of Contribution.
The actual deposit shall be the then current Moorpark
Road /Tierra Rejada Road Improvement Area of Contribution
applicable rate at the time the Building Permit is issued.
!' CONDITIONS FOR: Tract 4069
DATE:
APPLICANT: Carlsberg Const.
PAGE: 5
35. That prior to recordation of a Zone Clearance, the developer
shall indicate in writing to the City of Moorpark the dispo-
sition of any water wells 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.
36. That prior to submittal of the Final Map, the developer
shall transmit by certified mail'a copy of the conditionally
66436
approved
of Tentative M
with a copy each Section
public
entity or public utility that is an easement holder of re-
cord. Written compliance shall be submitted to the City of
Moorpark.
37.. That prior to recordation, the developer shall submit to the
hydrologicorandkhydraulicvcalculationsoPreparedabyaae
Regis-
tered Civil Engineer; shall enter into an agreement with the
City of Moorpark to complete the improvements and shall post
sufficient surety guaranteeing the construciton of the im-
provements. The drainage plans and calculations shall indi-
cate the following conditions before and after development:
Quantities of water, water flow rates, major water
courses, drainage areas and patterns, divresions, col-
lection systems, flood hazard areas, sumps and drainage
courses. The developer shall submit proof that all
existing storm drains which will receive storm waters
from this tract can safely and satisfactorily accept
the storm water.
38. That in conjunction with recordation, the developer shall
dedicate on the Final (Parcel) Map to the City of Moorpark
the access rights adjacent to Moorpark Road along the entire
frontage of the parent parcel except for approved access
road(s) as delineated on the approved Tentative Map.
39. That prior to recordation, the developer shall demonstrate
feasible access.with adequate protection for a 10 -year fre-
quency storm to the satisfaction of the City of Moorpark.
40. That prior to recordation, the developer shall submit to the
City of Moorpark for review and approval, evidence that all
the buildable sites in the subdivision will be protected
from flooding.
41. Prior to recordation, the first year's energy charges shall
be by the developer. Ornamental street lights shall be in-
stalled throughout the subdivision.
CONDITIONS FOR: Tract 4069
DATE:
42. That prior to recordation,
City of Moorpark for review
storm drain easement along
be privately maintained.
APPLICANT: Carlsberg Const.
PAGE: 6
the developer shall submit to the
and approval, evidence that the
the southerly properly line will
43. That street signs, fire hydrants, transformers, or other
public utilities are not permitted to be located within the
pedestrian sidewalk area.
44. If any of the improvements which the subdivider is required
to construct or insall is to be constructed or installed
upon land in which the subdivider does not have title or in-
terest sufficient for such purposes, the subdivider shall do
all of the following at least 60 days prior to, the filing of
the final or parcel map for approval pursuant to Government
Code Section 66457.
a. Notify the City of Moorpark (hereafter "City ") in
writing that the subdivider wishes the City of 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 in-
terest to be acquired, (ii) a map or diagram of the in-
terest to be acquired sufficient to satisfy the re-
quirements 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 mar-
ket value of the interest to be acquired, and (iv) a
current Litigation Guarantee Report;
C. Enter into an agreement with the City, aranteed by
such cash deposits or other security as the City may
require, pursuant to which the subdivider 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.
FLOOD CONTROL
45. The site is subject to acreage assessment fees for flood
control purposes. Prior to recordation, the Ventura County
Flood Control acreage assessment fee requirement must be
satisfied.
CONDITIONS FOR
DATE:
SCHOOL DISTRICT
Tract 4069
46. Prior to issuance of a Building
within Tract 4069, arrangement
park Unitied School District
school facilities fees.
WATERWORKS DISTRICT
APPLICANT: Carlsberg Const.
PAGE: 7
Permit for an dwelling unit
shall be made with the Moor -
for payment of all necessary
47. That prior to recordation, the developer shall submit to the
Waterworks District No. 1, for review and approval, improve-
ment plans for wate service prepared by a Registered Civil
Engineer; shall enter into an agreement with the appropriate
purveyor to complete the improvements; and shall post suffi-
cient surety guaranteeing construction of the improvements.
48. That prior to recordation, the developer shall submit to the
Waterworks District No. 1, for review and approval, improve-
ment plans for sewer service prepared by a Registered Civil
Engineer; shall enter into an agreement with the appropriate
purveyor to complete the improvements; and shall post suffi-
cient surety guaranteeing construction of the improvements.