HomeMy WebLinkAboutRES 1990 213 0604NO. PC -90 -213
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA APPROVING TENTATIVE PARCEL MAP (LDM-
89-4) ON THE APPLICATION OF FIRST SITE REALTY. ASSESSOR
PARCEL NO. 505- 0- 12 -16.
WHEREAS, at a duly noticed public hearing on May 7, 1990, the
Planning Commission considered the application filed by First Site
Realty requesting approval to subdivide an existing 2.5 acre parcel
into three parcels, Lot 11 (30,760 sq.ft.); Lot 2, (28,800
sq. ft.); Lot 3, (34,320 sq. ft.) respectfully in order to construct
two single family residences.
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff report
dated May 7, 1990 found that the subject site will not have a
significant effect on the environment and has reached its decision
in the matter; and
WHEREAS, at its meeting of May 7, 1990, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, closed the public hearing, and directed staff
to prepare a resolution for the Planning Commission's regular
meeting of May 21, 1990.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the Planning Commission hereby adopts
the findings contained in the staff report dated May 7, 1990, and
said report is incorporated herein by reference as though fully set
forth.
SECTION 2. That the Planning Commission does hereby
find that the approval of the requested permit is consistent with
the City's General Plan.
SECTION 3. That the Planning Commission hereby
conditionally approves LDM -89 -4 on the application of First Site
Realty subject to compliance with all of the conditions attached
hereto. That actin with the foregoing direction was approved by
the following roll call vote:
AYES: Scullin, Lanahan, Talley, Wozniak;
NOES: Schmidt.
PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF JUNE 1990.
Land Division Nap Permit No.: LDM 90 -4 Page 3
Applicant: First Site Realty
Date: May 7, 1990
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
GENERAL REQUIREMENTS
1. The conditions of approval of this Tentative Parcel Map
supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown
on said map; and that all 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,
City of Moorpark an any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
4. The developer's recordation of this map and /or commencement
of construction as a result of this map shall be deemed to be
acceptance of all conditions of this map by the applicant.
5. 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.
6. That if any of the conditions or limitations of this
subdivision are held to be invalid, that holding shall not
invalidate the remaining conditions or limitations set forth.
7. The development shall be subject to all applicable regulations
of the R -1 -13 ay. zone.
8. No zone clearance shall be issued for construction until the
final map has been recorded. Prior to the issuance of any
permit, a zoning clearance shall be obtained from the
Department of Community Development and a Building Permit
shall be obtained from the Department of Building and Safety
after the granting of a zoning clearance.
9. Prior to approval of a Final Map, the developer shall
Approved by Resolution No. 213 on June 4, 1990
Land Division Map Permit No.: LDM 90 -4 Page 4
Applicant: First Site Realty
Date: May 7, 1990
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made.
10. The Tentative Parcel 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
the land shall require the filing and processing of a new
Tentative Map.
11. Prior to approval of Final Map, or issuance of a grading
permit, grading plans shall be submitted to the Director of
Community Development and the City Engineer for review to
insure that such plans meet with the intent expressed in the
Engineer's conceptual plans and /or the Tentative Parcel Map.
12. Prior to approval of Final Map, an unconditional availability
letter shall be obtained from the County Waterworks District
No. 1 for water service for each lot. Said letter shall be
filed with the Department of community Development or, if said
Unconditional Availability Letter in a form satisfactory to
the City cannot be obtained from the County Waterworks
District No. 1, the developer shall execute a Subdivision
Water Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee for
water service until issuance of a building permit for each lot
in the subdivision. Said agreement shall include language
holding the City harmless against damages in the event of the
ultimate lack of adequate water service.
13. Prior to recordation all utility lines shall be placed
underground.
14. Prior to recording the land division, the subdivider shall
obtain a "District Release" from the Callegus Municipal Water
District and Waterworks's District No. 1. Applicant shall be
required to comply to Venture County Waterworks's Rules and
Regulations including payment of all applicable fees.
15. At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1.
16. As of the date of recordation of final parcel map, the parcels
Approved by Resolution No. 213 on June 4, 1990
Land Division Map Permit No.:
Applicant:
Date:
LDN 90 -4
First Site Realty
May 7, 1990
Page 5
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 Pan nor compel the legislative body
to make any such amendments.
17. Prior to approval of the Final Map the applicant shall pay
Quimby Fees consistent with City Ordinance No. 6.
18. That the subdivider 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. The city may, within its unlimited discretion,
participate in the defense of any such claim, action or
proceeding if both of the following occur:
a. The city bears its own attorney fees and costs;
b. The city defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
T"
Approved by Resolution No. 213 on June 4, 1990
Land Division Nap Permit No.: LDM 90 -4 Page 6
Applicant: First Site Realty
Date: May 71 1990
19. The applicant shall prior to recordation of the map, remove
trailer and the utility shed that are currently located on lot
no. 3 and lot no. 2 respectively. Also, disconnect all
utilities per UBC requirements.
20. That all access roads must be surfaced with concrete per city
standards.
21. Prior to the construction of the underground 18 inch
reinforced concrete pipe storm drain, and before map
recordation, the applicant is required to obtain a Flood
Control Permit and easements from the County Flood Control
District.
22. Prior to zoning clearance in relation to the construction on
lot no. 2 and lot no. 3 of the parcel map subdivision, the two
proposed residential homes must be set back with a mininum of
f 20 feet from the back property line.
23. The retaining walls from the two homes must be constructed of
tan slump -stone block.
24. The undeveloped grass areas be preserved in their natural
state and the nature tree to the southeast of the site be
retained to minimize erosional hazardous.
25. Prior to map recordation the applicant must submit a revised
grading plan showing that no cut slope exceed 2:1 anywhere on
the project site.
CITY ENGINEER DEPARTMENT CONDITIONS
PRIOR TO APPROVAL ON FINAL MAP, THE FOIJAWING CONDITIONS SHALL BE
26. The applicant shall submit to the City Engineer 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. Cut or fill slopes
shall be no steeper than 2:1 (horizontal: vertical).
Approved by Resolution No. 213 on June 4, 1990
1
Land Division Map Permit No.: LDM 90 -4 Page 7
Applicant: First Site Realty
Date: May 71 1990
a. An erosion control plan shall be submitted for review and
approval along with the grading plan. Along with the
erosion control measures, hydroseeding of all graded
slopes with fast growing ground cover shall be required
within 60 days of completion of grading.
27. The applicant shall submit to the City Engineer for review and
approval, a detailed Soils Report prepared by a Registered
Civil Engineer and Registered Geotechnical Engineer in the
State of California. the report shall include a geotechnical
investigation with regard to liquefaction, expansive soils,
and seismic safety. the grading plan shall incorporate the
recommendations of the approved Soils Report.
28. The applicant shall submit to the City Engineer for review and
approval, street improvement plans prepared by a Registered
Civil Engineer for the access road from Dalaway Drive to Lots
1, 2, and 3 of LDM 89 -4; 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.
29. The applicant shall demonstrate legal access for each parcel
to the satisfaction of the City Engineer.
30. The applicant shall deposit with the City of Moorpark a
contribution to the Spring /Tierra Rejada Road Improvement.
The actual deposit shall be the then current Spring /Tierra
Rejada Road Improvement Area of Contribution applicable rate
at the time of recordation of the map.
31. 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, public street and traffic
improvements directly or indirectly affected by the
development. (This condition shall not apply to future
homeowners.)
32. The applicant shall post sufficient surety guaranteeing
Approved by Resolution No. 213 on June 4, 1990
Land Division Map Permit No.: LDM 90 -4 Page 8
Applicant: First Site Realty
Date: May 7, 1990
completion of all improvements which revert to the City (is.
model homes, temporary debris basins, etc.).
33. All haul routes shall be approved by the City Engineer. Haul
routes shall be limited to graded areas only.
34. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a Registered City 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 Venture County Standards except as
follows:
a.
all
sumps
shall carry a 50 year
frequency storm;
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 culvers shall carry a 100 year 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.
g. The applicant shall provide a storm drain system to pick
up all storm water flows from the access road between LDM
89 -4 and Dalaway Drive. The collected storm drain water
shall be carried via underground conduit to the adjacent
Approved by Resolution No. 213 on June 4, 1990
Land Division Map Permit No.: LDN 90 -4 Page 9
Applicant: First Site Realty
Date: May 71 1990
Venture County Flood Control Channel. The applicant
shall be responsible for obtaining all necessary permits
and easements for the storm drain facility.
h. Drainage to adjacent parcels shall not be increased or
concentrated by this develops►ent. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
35. The applicant shall indicate in writing to the City Engineer,
the disposition of any water well(s) and any other water 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 Venture County Ordinance
No. 2372.
36. The applicant shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.,
landscaping, parks, fencing, etc.) or which require removal
(i.e., model homes, temporary debris basins, etc.).
37. For any Final Map, or a 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.
38. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant hall 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 applicant 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 the following:
Approved by Resolution No. 213 on June 4, 1990
f Land Division Nap Permit No.: LDN 90 -4 Page 10
Applicant: First Site Realty
Date: May 7, 1990
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.
V. Enter into an agreement with the City , guaranteed
by such cash deposits or other security as the City
may require, pursuant to which the applicant 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.
39. The applicant shall submit to the City of Moorpark for review
and approval, evidence that the CC &R's will include provisions
for maintenance of the private storm drain system to be
installed adjacent to Dalaway Drive.
IN CONJUNCTION WITH APPROVAL OF FINAL NAP THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
40. The applicant shall dedicate on the Parcel Map to the City of
Moorpark the access easements over all private streets shown
on the Parcel Map to provide for access for all governmental
agencies providing the public safety, health and welfare.
41. That prior to any work being conducted within the State or
City right of way, the applicant shall obtain an Encroachment
Permit from the appropriate Agency.
42. 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
Approved by Resolution No. 213 on June 4, 1990
Land Division Nap Permit No.: LDN 90 -4 Page 11
Applicant: First Site Realty
Date: May 7, 1990
and approved by the Director of Community Development as part
of the grading plans.
43. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Venture 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.
44. No trees with a truck diameter in excess of 4 inches shall be
trimmed or removed without prior approval of the City Council.
45. Original "as- built" plans on standard size sheets will be
certified by the Civil Engineer and returned to the City
Engineer's office.
/a��1J_ �_II�YY' , \'I �,I_I:�.J _ :1_ u:_� � •.. u�i :i���i.•. x.11- 'iTtilaA
PRIOR TO THE ISSUMUE OF BUILDING PH T:
46. Prior to the issuance of building permits for construction of
any structures containing domestic plumbing fixtures, the
applicant shall obtain a permit from the Venture County
Environmental Health Department for the design and
installation of an on -site sewage disposal system.
47. If a septic tank system is used for sewage disposal the deep
seepage pit method must be adopted by the applicant per County
standards. Prior to construction, the applicant must obtain
a septic system construction permit and comply with all its
recommendations from the County Department of Environmental
Health
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR
TO
RECORDATION
THE FOIZARING
CONDITIONS
SHALL BB NET:
48.
The
applicant
shall
provide
to the
Fire Department,
Approved by Resolution No. 213 on June 4, 1990
Land Division Map Permit No.: LDM 90 -4 Page 12
Applicant: First Site Realty
Date: May 7, 1990
verification from the water purveyor that the purveyor can
provide the required fire flow for the project.
49. That the access road /driveway shall be in accordance with
Venture County Fire Protection District Private Road
Guidelines. This improvement shall be made off site from
Dalaway Drive south to Lot 2 and on site from west side of Lot
2 to Lot 3.
50. 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 Venture County Bureau of Fire
Prevention prior to occupancy.
51. That the access road shall be of sufficient width to allow for
a 40 foot turning radius at all sharp turns in the road.
52. 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.
53. That the private road shall be named if serving more that five
parcels. The street name(B) shall be submitted to the Fire
Department Communication Dispatcher Supervisor for review
prior to recordation.
54. That street name signs shall be installed in conjunction with
the road improvement. The type of sign shall be in accordance
with Plate F -4 of Venture County Road Standards.
55. That approved turn around areas or easement s for fire
apparatus shall be provided at 1/2 mile intervals along the
access road.
56. That if the subject parcel is not within or not annexing to
a Water Purveyor District, an acceptable private water system
for fire protection shall be provided prior to combustible
construction.
57. That if the subject parcel is within a Water Purveyor
District, water mains capable of providing a fireflow of 1000
GPM @ 20 psi shall be installed from the public right of way,
Approved by Resolution No. 213 on June 4, 1990
Land Division Map Permit No.:
Applicant:
Date:
IM 90 -4
First Site Realty
May 7, 1990
Page 13
or from the purveyor point of connection to the north property
line of parcel No. 2. The cost of engineering, installation
and maintenance of these mains shall be that of the applicant
this division (Parcel Map). This improvement or provisions
to guarantee its installation shall be completed prior to
recordation.
58. Prior to combustible construction on any parcel, the water
mains shall be extended to within 250 feet of the building
site. A fire hydrant shall be installed at this location on
the access road to the site and it shall be capable of
providing the required fire flow. The owner of the
combustible construction is responsible for the cost of this
protection installation.
59. That prior to recordation, the applicant shall provide to the
Fire Department, verification from the water purveyor that the
purveyor can provide the required fire flow the project.
60. Standard fire turnarounds shall be provided within 150 feet
of the structures on Lots 2 and 3. The distance shall be
measured along the access drive to each structure.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1
61. Applicant for service shall comply with the Venture County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of or relating to the existing Industrial Waste
discharge Requirements and subsequent additions or revisions
thereto.
Approved by Resolution No. 213 on June 4, 1990
s Approved by Resolution No. PC -90 -213 5/21/90
—
ATTEST:
Celia LaF a r, Secretary
Chairman:
n Woznial
Approved by Resolution No. 213 on June 4, 1990