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HomeMy WebLinkAboutRES 1989 205 1120RESOLUTION NO. PC -89 -205 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LAND DIVISION MOORPARK NO. LDM -89 -6 ON THE APPLICATION OF WEST AMERICA CONSTRUCTION COMPANY, AND SIEGEL AND ASSOCIATES. WHEREAS, at a duly noticed hearing on November 6, 1989, the Planning Commission considered the application filed by West America Construction Company, and Siegel and Associates, requesting approval to subdivide a 2.2 acre parcel into two parcels located on the west side of Maureen Lane north of Los Angeles Avenue in the City of Moorpark. Assessor Parcel No. 511 -0 -= 062 -03. WHEREAS, the Planning Commission after review and consideration of the information contained in the Staff Report dated November 6, 1989, the Negative Declaration has found that the subject subdivision will not have a significant adverse impact on the environment, and has reached a decision in the matter; and WHEREAS, at its meeting of November 6, 1989, the Planning Commission opened the public hearing, took public testimony from all those wishing to testify, closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California), the Planning Commission of the City of Moorpark approves of the Negative Declaration. SECTION 2. That the Planning Commission hereby adopts the findings contained in the staff report dated November 6, 1989, and said report is incorporated herein by reference as though fully set forth. SECTION 3. That the Planning Commission hereby approves of LDM89 -6 subject to compliance with all of the conditions attached hereto. SECTION 4. That at its meeting, of November 6, 1989, the Planning Commission took action and approved this Resolution with attached staff recommended conditions, said Resolution was presented for action at the the Planning Commission meeting of November 6, 1989. The action with foregoing direction was approved by the following roll call vote; AYES: Commissioner's Lanahan, Talley, Wozniak and Schmidt; NOES: None; ABSTAIN: None; ABSENT: Commissioner Scullin. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBR 1989 ATTE2. �G Celia LaFleur, Secretary Chairman presiding: ac,� M44,nac n Wozni MOORPARK ELOISE BROWN Mayor BERNARDO M.PEREZ Mayor Pro Tom CLINT HARPER, Ph. D. Councllmember PAUL LAWRASON Councllmember SCOTT MONTGOMERY Councllmember RICHARD T. HARE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, CELIA LaFLEUR, Secretary to the Planning Commission of the City of Moorpark, California, do hereby certify that the foregoing Resolution was adopted by the Planning Commission of said City at a regular meeting thereof held on the 6th day of November 1989, and that the same was adopted by the following vote, to wit: AYES: Commissioner's Lanahan, Talley, Wozniak and Schmidt; NOES: None; ABSTAIN: None; ABSENT: Commissioner Scullino WITNESS my had this 6th day of November 1989. SECRETARY TO THE PLANNING COMMISSION: Celia LaFleur 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -8884 ADOPTED AND APPROVED BY RESOLUTION NO. PC -89 -205 ON 11/6/89 LAND DIVISION MAP NO.: LDM -89 -6 APPLICANT: West America Construction Corp. DATE: November 6, 1989 Page -4- DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS 1. The conditions of approval of this land division map supersede all conflicting notations, specifications, dimensions typical sections and the like that may be shown on said map and that all the provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this map. 3. All applicable requirements of any law or agency of the State, Ventura County, the City of Moorpark, or any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. 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 that one set of rules apply, the stricter ones shall take precedence. 5. That if any of the conditions or limitations of this entitlement are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6. That the applicant agrees as a condition of issuance 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 it's sole discretion, participate in the defense of such action, but such participation shall not relieve the applicant of his obligation under this condition. 7. The applicant's recordation of this map shall be deemed to be acceptance by applicant of all conditions of this land division. 8. The tentative land division map shall expire three years from the date of its approval. Failure to record a parcel map with the County Recorder shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new tentative map. 9. Prior to recordation all utilities shall be placed underground. ADOPTED AND APPROVED BY RESOLUTION NO. PC -89 -205 ON 11/6/89 LAND DIVISION MAP NO.: LDM -89 -6 APPLICANT: West America Construction Corp. DATE: November 6, 1989 .— Page -5- DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 10. As of the date of recordation of the final(LDM) map, the lots depicted thereon shall meet the requirements of the zoning ordinance and the 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. 11. This Land Division shall not cleared for recordation until all mitigation fees required by IPD -88 -4 have been paid in full, a building permit has been issued, and a foundation slab exists for the two buildings. 12. Prior to recording the land division, the developer shall obtain a "District Release" from the Callegus Municipal Water District and Water District No.l, that arrangement for payment of the Capital Construction Charge applicable to the proposed subdivision has been made. 13. Prior to recordation, a "Unconditional Will Serve" letter for water and sewer 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 for annexation and will be provided with both water and sewer service. CITY ENGINEER'S CONDITIONS 14. Prior to approval of Final Map, the following conditions shall be satisfied: a. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the 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. b. The applicant shall offer to dedicate on the Parcel Map to the City of Moorpark access easements over all public streets shown on the Parcel Map to provide access. C. Reciprocating access easements between the lots within LDM89 -6 as well as with the lot to the south (LDM89 -1) shall be shown on the Parcel Map. The intent is to allow access among each parcel's parking lot. ADOPTED AND APPROVED BY RESOLUTION NO. PC -89 -205 ON 11/6/89 LAND DIVISION MAP NO.: LDM -89 -6 APPLICANT: West America Construction Corp. DATE: November 6, 1989 Page -6- d. Reciprocating storm drain easements between the lots within LDM89 -6 shall be shown on the Parcel Map. The intent is to allow these parcels to share a common storm drain system. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flow. e. For any Final Map, or a 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. f. The applicant shall dedicate on the Parcel Map to the City of Moorpark for public access purposes, an easement along the north 20 feet of the property frontage. FIRE DEPAR17OW CONDITIONS 15. That prior to combustible construction, all weather access road /driveway, suitable for use by a 20 ton fire department shall be installed. This improvement or provisions to guarantee its installation shall be completed prior to recordation. 16. That the access road /driveway shall be in accordance with Ventura County Fire Protection District Private Road Guidelines. This improvement shall be made on -site from Maureen Lane west to Commerce Avenue. 17. 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. 18. That prior to recordation, the applicant shall provide to the Fire Department, verification from the water purveyor that the water purveyor can provide the required fire flow for the project. 19. That the required fire flow for this project shall be 4,000 gallons per minute at 20 psi minimum pressure. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 20. Applicant shall pay all applicable fees and comply with the Ventura County "Rules and Regulations" including all provisions of existing and subsequent revisions to Industrial Waste Discharge Requirements prior to recordation. The Applicant shall also obtain an industrial waste discharge permit and pay the applicable fees. EXHIBIT 'Y'