Loading...
HomeMy WebLinkAboutRES 1985 69 1120RESOLUTION NO. PC -85 -69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LAND DIVISION (MOORPARK) PERMIT NO. LDM -7 ON APPLI- CATION OF JERRY GERSHENBERG. ASSESSORS PARCEL NO. 500- 34 -16. WHEREAS, at duly notice public hearing on November 14, 1985, the Moorpark Planning Commission considered the application filed by Jerry Gershenberg for approval to divide a 11.95 acre parcel into approximately two equal parts. Located on the north side of Los Angles Avenue approximately 3,600 feet west of Gabbert Road. (Development Plan Permit No. DP -302) was approved on the eastern half, Resolution No. PC- 85 -43.) WHEREAS, the Planning Commission, after review and consider- ation of the information contained in the Mitigated Negative Declaration, has found that this project will not have a significant effect on the environment; and has reached it decision in the matter; NOW, THEREFORE, THE PLANNING COMMISSION, OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff report dated November 14, 1985, which report is incorporated by reference as though fully set forth herein with conditions as modified by said Commission, are hereby approved; SECTION 2. That at its meeting of November 14, 1985, the Planning Commission took action to direct staff to prepare a Resolution with attached staff recommended conditions, as modified, does hereby approve Land Division (Moorpark) Permit No. LDM -7; said Resolution to be presented for Consent Calendar action at the next scheduled meeting. The action with the foregoing direction was approved by the following roll call vote; AYES: Commissioners Claffey, Hartley, and LaPerch; NOES: None; ABSTAIN: None; ABSENT: Chairman Holland, Commissioner Keenan. PASSED, APPROVED AND ADOPTED this 20 day of November, 1985. ATTEST: y Acting Secretary Ch man CONDITIONS FOR: Lot Division (Moorpark) No. LDM -7 APPLICANT: Jerry Gershenberg WOODCREST CARPET MILLS 14933 Calvert Street Van Nuys, CA. 91411 PLANNING DEPARTMENT CONDITIONS: 1. That the conditions of approval of this parcel map supersede all conflicting notation, specifications, dimensions, typical sections and the like which may be shown on said map and that all of the provisions of the Subdivision Map Act, City of Moorpark Subdivision Ordinance, and adopted County Policies apply. 2. That al], requirements of any law or agency of the State, Ventura County, and City of Moorpark and any other governmental entity shall be met, and all such requirements and enactment shall, by reference, become conditions of this entitlement. 3. That 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 on set of rules apply, the stricter ones shall take precedence. 4. That if any of the conditions or limitations of this entitlement are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 5. That applicant agrees as a conditions of issuance (or renewal) and use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action City may, at its sole dis- cretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligation under this condition. 6. That applicant's recordation of this map shall be deemed to be acceptance by applicant of all conditions of this map. 7. As of the date of recordation of final (parcel) map, the lots depicted thereon shall meet the requirements of the zoning ordinances and General Plan then applicable to the property. Compliance with this condition shall be required even if the zoning and General Plan requirements in effect as of the date the tentative map is conditionally approved. Conditional approval of th 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. Conditions 1 - 7 November 14, 1985 CONDITIONS FOR: Lot Division (Moorpark) No. LDM -7 APPLICANT: Jerry Gershenberg WOODCREST CARPET MILLS 14933 Calvert Street Van Nuys, CA. 91411 PLANNING DEPARTMENT CONDITIONS: (cont.) 8. That at the time water service connection is made, cross connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Division of Environmental Health. 9. Prior to recording of the parcel map, the Developer shall obtain a "District Release" from the Calleguas Municipal Water District indicating payment of District's Capital Construction charges. 10. Prior to recordation, a "Unconditional Availability" letter for water and sewer sewer service shall be obtained from Ventura County Waterworks District No. 1. Conditions 8 - 10 November "k4, 1985 CONDITIONS FOR: Lot Division (Moorpark) No. LDM -7 APPLICANT: Jerry Gershenberg WOODCREST CARPET MILLS 14933 Calvert Street Van Nuys, CA. 91411 CITY ENGINEER CONDITIONS: 11. That prior to recordation, 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. 12. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a detailed Geotech- nical Report. The grading plan shall incorporate the recommend- ations of the approved Geotechnical Report. 13. 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 improve- ments; and shall post sufficient surety guaranteeing the con- struction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: Developer shall provide street improvements to Los Angeles Avenue in accordance with the Los Angeles Area of Contribution report and the City's General Plan, with all improvements subject to approval by bother the City Engineer and CalTrans. Improvements shall be provided as follows: Developer shall construct the ultimately planned improvement to the portion of the Walnut Canyon Channel fronting the property and crossing under Los Angeles Avenue per the VCFCD, with monthly reimbursement arrangements for the improvements to the channel made with the VCFCD. Improvements to Los Angeles Avenue shall include 8' sidewalk, curb and gutter, and an additional 8' of pavement (per Plate B -2B and core improvements shown on page 7 of the Los Angeles Avenue Area of Contribution Report). 14. That in conjunction with the recordation of the (parcel) Map, the developer shall offer to dedicate on the (parcel) Map to the City of Moorpark for public use, all the public streets right of way shown on the Final (parcel Map. 15. That in conjunction with recordation, the developer shall offer to dedicate on the (Parcel Map to the City of Moorpark access easements over all private streets shown on the (Parcel) Map to provide access for all governmental agencies providing the public safety, health and welfare. Conditions 11 - 15 November 14, 1985 CONDITIONS FOR: APPLICANT Lot Division (Moorpark) No. LDM -7 Jerry Gershenberg WOODCREST CARPET MILLS 14933 Calvert Street Van Nuys, CA. 91411 CITY ENGINEER CONDITIONS: (cont.) 16. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, street improvements plans for the access road from Los Angeles Avenue to access road on north boundary of parcel "A", prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete these improvements; and shall post sufficient surety guaranteeing the completion of the improvements. 17. That prior to any work being conducted within the State of City right of way, the developer shall obtain an Encroachment Permit from the appropriate Agency. 18. That in conjunction with recordation, the developer shall dedicate on the (Parcel) Map to the City of Moorpark the access rights adjacent to Los Angeles Avenue along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Map. 19. That prior to recordation, the developer shall demonstrate feasible access with adequate protection from ten year frequency storm to the satisfaction of the City of Moorpark. 20. That prior to recordation, the developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improve- ment Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the Building Permit is issued. 21. That prior to recordation, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other 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. 22. That prior to the submittal of the final Map, or a Parcel Map (containing five or more parcels), or any Parcel Map where on dedications are required to be offered, the developer 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 recored. Written compliance shall be submitted to the City of Moorpark. Conditions 16 - 22 November 14, 1985 CONDITIONS FOR: APPLICANT: CITY ENGINEER CONDITIONS: (cont.) Lot Division (Moorpark) No. LDM -7 Jerry Gershenberg WOODCREST CARPET MILLS 1.4933 Calvert Street Van Nuys, CA. 91411 23. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest 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 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 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. 24. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the 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. 25. That in conjunction with recordation, the developer shall delineate on the (Parcel) Map areas subject to flooding as a "Flowage Easements" and then offer the easement for dedication to the City of Moorpark. Lot to lot drainage easements shall also be delineated on the Map. Conditions 23 - 25 November 14, 1985 CONDITIONS FOR: /- APPLICANT: CITY ENGINEER CONDITIONS: (cont.) 26. Continued. Lot Division (Moorpark) No. LDM -7 Jerry Gershenberg WOODCREST CARPET MILLS 1.4933 Calvert Street Van Nuys, CA. 91411 The subject easements shall be identified based on hydrologic and hydraulic methodology approved by the Ventura County Flood Control District. 27. That prior to any work being conducted within the Walnut Canyon Drain, the developer shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 28. That prior to recordation, the developer shall City of Moorpark for review and approval, evidi the buildable sites in the subdivision will be flooding. 29. That prior to recordation, the developer shall City of Moorpark a contribution for the Walnut Local Drainage Area. submit to the ance that all protected from deposit with the Canyon Improvement 30. That in conjunction with recordation, the developer shall offer to dedicate on the Final (Parcel) Map to the Ventura County Flood Control District a storm drain easement of sufficient width to permit an ultimate right of way for Walnut Canyon Channel in accordance with the approval of the Flood Control District. 31. Developer shall pay all energy costs associated with street lighting for a period on one year from the initial energizing of the street lights. 32. Delete. Conditions 26 - 32 November 14, 1985 CONDITIONS FOR: APPLICANT: Lot Division (Moorpark) No. LDM -7 Jerry Gershenberg WOODCREST CARPET MILLS 1 -4933 Calvert Street Van Nuys, CA. 91411 VENTURA COUNTY FLOOD CONTROL DISTRICT 33. Delete. 34. Security fencing along the Gabbert Canyon Channel is required. 35. All works within the VCFCD right of way require a Watercourse Permit. 36. Channel improvement including service road is required in accordance with approved plans. Conditions 33 - 36 November 14, 1985