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HomeMy WebLinkAboutRES 1989 193 0605RESOLUTION NO. PC -89 -193 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CONDITION NO. 27 OF RESOLUTION NO. PC -88 -164 OF TENTATIVE PARCEL MAP NO. 4278 ON THE APPROVED APPLICATION OF ABE GUNY. WHEREAS, at a public meeting on May 15, 1989, the Planning Commission considered the request of Abe Guny to review a previously approved subdivision under the Tentative Parcel Map No. 4278 to subdivide the 64.7 acres into 3 separate lots of record. Located on Walnut Canyon Road, R- A -AOac zone. Assessor Parcel No. 500 -0- 240 -09, and -14. WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated May 10, 1989, requesting to provide a second access road; has reached its 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 May 10, 1989, which report is incorporated by reference as through fully set forth herein with conditions as amended by said Commission, are hereby approved; SECTION 2. That at its meeting of May 15, 1989 the Planning Commission took action to direct staff to prepare an amended resolution with attached staff recommended conditions, as modified, does hereby approved the request to provide a second access road for Tentative Parcel Map No. 4278, said resolution to be presented for Consent Calendar action at the next regular scheduled meeting. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioner Schmidt, Commissioner Scullin, Commissioner Wozniak and Commissioner William Lanahan; NOES: None. ABSENT: Chairman Douglas Holland. PASSED, APPROVED AND ADOPTED THIS 5th DAY OF ,TUNE 1989. Celia LaFleur, Secretary TPM4278 /PCAGENDA I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Planning Commission of the City of Moorpark, California at a regular meeting held on June 5, 1989 by the following roll call vote: AYES: Commissioner's Wozniak, Scullin, Holland, Schmidt and Lanahan. NOES: None. ABSENT: None. ATTEST: 1 Celia LaFleur, Secretary TPM4278 /PCAGENDA APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny Community Development Department Conditions GENERAL REQUIREMENTS That the conditions of approval of this Tentative Parcel Map supersedes 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 all requirements of any law or agency of the State, Ventura County, and City of Moorpark and any other governmental enmity shall be met, and all such requirements and enactment shall, by reference, become conditions of the 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 one 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 condition 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 the City may , at its sole discretion, 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 subdivision. 7. As of the date of recordation of final parcel map, the parcels depicted thereon shall meet the requirements of the zoning ordinance 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 the 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. 8. All on -site utilities shall be placed underground. 9. No zoning clearance shall be issued for residential construction until the Final Map has been recorded. Prior to construction, a zoning clearance shall be obtained for each individual unit from the Community Development Department and a building permit shall be obtained from the Building and Safety Division. - APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny Community Development Department Conditions PRIOR TO APPROVAL OF THE FINAL MAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 10. The Tentative Map shall expire three years from the date of its approval. No time extensions shall be permitted. 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 the land shall require the filing and processing of a new Tentative Map. 11. An "Unconditional Will Serve" letter for water service shall be obtained from Ventura County Waterworks District No. 1 or that the applicant shall have satisfied all requirements of the Ventura County Waterworks District No. 1. 12. An in -lieu fee shall be paid for public park and recreation facilities. TPM4278C /PCAGENDA -2- APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny City Engineer Department Conditions PRIOR TO APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 13. The applicant 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 pot sufficient surety guaranteeing completion. 14. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. 15. The applicant 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 construciton of the improvements. The improvements shall include street lights, striping and signing, paving, and any necessary transitions in in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: Walnut Canyon Road, Plate B -74, constructed along the entire frontage of the property. 16. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans for review wand approval, street improvement plans for the access road from Walnut Canyon Road to Parcels 1 through 3, 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. The improvements shall include grading and paving and shall meet all requirements of the Ventura County Fire Protection District. 17. The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 year frequency storm; and b. Feasible access during a 10 year frequency storm. Hydrology calculations shall be per current Ventura County Standards. 18. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City of Moorpark. 19. The applicant shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angles Avenue Improvement Area of Contribution applicable rate. TPM4278C /PCAGENDA -3- APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny City Engineer Departemnt Conditions PRIOR TO APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 20. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandon, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 21. The applicant 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. Hydrology shall be per current Ventura County Standards except as follows: 1 r a. all sumps shall carry a 50 year frequency storm; r b. all catch basins on continuous grade shall carry a 10 year storm; C. all catch basins in a sump condition shall be sized such that depth of water at intake shall equal depth of approach flows; d. all culverts shall carry a 199 tear frequency storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. under a 10 year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. 22. For any Final Map, or Parcel Map (containing five or more parcels), or any Parcel Map whereupon dedications are required to be offered, the applicant 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 record. Written compliance shall be submitted to the City of Moorpark. TPM4278C /PCAGENDA -4- APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny City Emqineer Department Conditions PRIOR TO APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 23. The applicant shall have prepared a geotechnical investigation with regard to liquifaction, expansive solids, and seismic safety. Per the City's safety element, this report shall be prepared by a Registered Professional Civil Engineer or Geologist. 24. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in he 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. IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 25. The applicant 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. 26. The applicant shall offer for dedication to the City of Moorpark a street easement of sufficient width along Walnut Canyon Road to permit an ultimate right of way of 30 feet, according to the applicable Ventura County Road Standard Plate B -7 -A, East of the centerline along the entire frontage of the parent parcel. 27. The applicant shall dedicate on the Parcel Map to the City of Moorpark the access rights adjacent to Walnut Canyon Road along the entire frontage of the parent parcel except for two approved access roads as the parent parcel except for approved access roads as delinated on the approved Tentative Maps as designated by the City Engineer. 28. The applicant shall delineate on the Final Map areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the City of Moorpark. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. 29. That lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. TPM4278C /PCAGENDA -5- APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny City Engineer Department Conditions DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 30. That prior to any work being conducted within the State of City right of way, the applicant shall obtain an Encroachment Permit from the appropriate Agency. 31. That the applicant 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. 32. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 33. No trees with a trunk diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council. 34. If grading is to take place during the rainy season, an erosion control plan shall be submitted for review and approval along with the grading plan. r� Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 35. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided. TPM4278C /PCAGENDA -6- r APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny Ventura County Fire Department Conditions PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 36. That prior to combustible construction, all weather access road /driveway, suitable for use by a 20 ton fire department vehicle shall be installed. This improvement, or provisions to guarantee its installation shall be completed prior to recordation. 37. That the access road /driveway shall be in accordance with Ventura County fire Protection District Private road Guidelines. This improvement shall be made from Walnut Canyon Road to each parcel as follows: 12 ft. of pavement with 4 ft. graded and compacted shoulders within a 20 ft. minimum easement will be required to a point where the access road serves only two parcels. 38. That the access road /driveway shall be certified by a registered Civil Engineer as having an all weather surface in conformation with Public Works Standards. this certification shall be submitted to the Ventura County Bureau of Fire Prevention prior to occupancy. 39. That the access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 40. That approved turn around areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 41. That all drives shall have a minimum vertical clearance of 13 ft. 6 inches (13' 6 "). 42. T4mt -if -the - stlb}eet- -pareeFis -with in -a- Water- Ptxweyor- Bistric #7 -water -nreirrr - -- capable- of- provedittg- e- fire- f+ow -of- 599 -f:PM- at-20- psi- s�taH -be- installed- frorm- the- pt"ie- right -of- -way ; - or- from - the- purveyor -point -of - corrneetiorr #o- #fie in`.• rim Rgproperty- Hnes- of- peret4s-1,-- 27- and-3. -- T+e-eost-of-*ngineering,- k- tst-Mlatiorr - and - maintenance- of- -these- mei ns- s#rM I• -be - that -of- -the - appkea nt- of -- this•- division- {Parcel- Map) -. - -- This - improvement or- provHsans- to- gttarerrte& its k"tallattio- s+rM l -be - eompleted -prior -to - recordatiorr.- Pr lor- to- combtrstlble- constmetiofr -ore -any- percel,- - the- water - meins- sfiellk-be extended -to- wi-tfiin- 26G- feet -of- the - building -site: --- A-- fire - hydrant -- shelf• -be- instelled - -at- #hie - location -on- #fie- eceess -road- to - #fie- site -- and -lt �ItalF -be- -- eapeWe- of - provldi*g- the- regtH red- fire- flew -. - -- The- awoer- of- -the- combustible cans #ruelton -is- responsible- far - the - cost -of this- protee #fort- iRShallaition: -- TPM4278C /PCAGENDA -7- APPROVED AND ADOPTED BY AMENDED RESOLUTION NO. PC -89 -193 ON MAY 15, 1989 Case No. Tentative Parcel Map No. 4278 Applicant: Abe Guny That if the subject parcel is within a water purveyors district, water mains capable of providing a fire flow of 500 GPM @ 20 PSI are required. Where the water purvyer certifies that the system cannot provide the requied fire flow or where there is no purveyor, equivalent fire protection shall be provided by the installation of automatic fire sprinklers in all buildings to be built within the parcel map area, and adequate water to operate such sprinkler system, shall be supplied by a combination of on -site storage, well supplies or conections to a purveyors system 43. The applicant shall provide to the Fire Department, verification from the water purveyor that the purveyor can provide the required fire flow for the project. ADDITIONAL CITY ENGINEER DEPARTMENT CONDITION - FEBRUARY 16, 1988 CONDITION 44. Prior to recordation, if access is obtained via adjoining property the applicant shall submit to the City of Moorpark for review and approval by the City Engineer and Director of Community Development , a full and complete access easement description for the access road from Walnut Canyon Road to Parcels 1, 2, 3. This access easement must be completely with the parent parcel, or an easement obtained from the adjacent landowners whose land is traversed. The improvement plans for the access road shall demonstrate that ,.dr adequate sight distance from the access road onto Walnut Canyon Road is available. ADDITIONAL PLANNING COMMISSION CONDITION - FEBRUARY 16, 1988 45. Grading for future pad locations shall be arranged so that, generally, areas of 20% slope or greater are not proposed to be graded. The grading plan shall be approved by the City Engineer and Director of Community Development. ADDITIONAL PLANNING COMMISSION CONDITIONS May 15, 1989 46. That an emergency roadway easement be shown on the face of the Parcel Map. 47. That an all weather emergency roadway be constructed per Ventura County Fire Department standards between the two access driveways. 48. That all graded areas shall be hydro seeded with native material and the hydro seed mix shall contain native tree seeds or such native trees shall be hand planted as seedlings at one per every 100 sq.ft. of that area which has been graded for road purposes (other than paved areas) or five gallon native trees shall be planted along the roadway staggered from side to side so that there is a tree every 100 feet and such trees are to be continually watered by a drip irrigation system for a period of one year. All five gallon trees which die shall be replaced and replanted with water provided for an additional year/ TPM4278C /PCAGENDA -8-