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HomeMy WebLinkAboutRES 1990 214 0618s— RESOLUTION NO. PC -90 -214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA APPROVING TENTATIVE PARCEL MAP (LDM- 90-1) ON THE APPLICATION OF WILLIAM AND CHARLOTTE HOWSEMAN. ASSESSOR'S PARCEL NO. 500 -0- 250 -145 WHEREAS, at a duly noticed hearing on May 7, 1990 and June 4, 1990, the Planning Commission considered an application filed by William and Charlotte Howseman requesting approval to subdivide an existing 10.35 (gross) acre parcel into two parcels of 5.02 and 5.08 acres (net); WHEREAS, at its meeting of May 7, 1990 and June 4, 1990, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, and on June 4, 1990 directed staff to prepare a resolution for the Planning Commission's next meeting. WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report dated April 9, 1990 found that the subject subdivision will not have a significant adverse effect on the environment and has reached its decision in the matter; and 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 April 9, 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 subdivision is consistent with the City's General Plan. SECTION 3. That the Planning Commission hereby approves LDM -90 -1 subject to revised conditions of approval on the application of William and Charlotte Howseman subject to compliance of the conditions attached hereto. The action with the foregoing direction was approved by the following roll call vote: AYES: Scullin, Lanahan, Talley, Wozniak, Schmidt NOES: None PASSED, APPROVED AND ADOPTED THIS 18 DAY OF JUNE, 1990 ATTEST: Celia LaFleur, Secretary Vice Chairman: William La ahan Approved by Resolution No. PC -90 -214 June 18, 1990 le- . LAND DIVISION MAP NO. LDM90 -1 APPLICANT: William and Charlotte Houseman DATE: May 7, 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GIERAL REOUIREMENTS 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 T 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 -E -5Ac 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 r- after the granting of a zoning clearance. LAND DIVISION MAP NO. APPLICANT: DATE: 9. Prior to approval of a demonstrate by possession Calleguas Municipal Water payment of the Construction subdivision have been made. LDM90 -1 William and Charlotte Houseman May 7, 1990 Final Map, the developer shall of a District Release from the District that arrangements for Charge applicable to the proposed 10. The Vesting 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 sewer and 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 Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and 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 sewer 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 Waterwork's District No. 1. Applicant shall be required to comply to Ventura County Waterwork'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. r LAND DIVISION MAP NO. APPLICANT: DATE: LDM90 -1 William and May 7, 1990 Charlotte Houseman 16. 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 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. LAND DIVISION MAP NO. LDM90 -1 APPLICANT: William and Charlotte Houseman DATE: May 71 1990 CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 19. 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. 20. The applicant shall submit to the City Engineer for review and approval, a detailed Soils Report certified by a Registered Professional Civil Engineer and Certified Engineering Geologist 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. 21. The applicant shall submit to the City Engineer for review and approval, street improvement plans prepared by a Registered Civil Engineer for the widening of the access road per Ventura County Fire Department requirements. The applicant 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. The street improvements shall be in place prior to recordation of this subdivision. 22. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 23. The applicant shall deposit with the City of Moorpark a contribution to the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time of recordation of the Map. 24. The applicant shall deposit with the City of Moorpark a contribution for the Gabbert Road /Casey Road Improvement Area of Contribution. The actual deposit shall be the then current Gabbert /Casey Road Improvement Area of contribution applicable rate at the time of recordation of this Map. 4 �-. LAND DIVISION MAP NO. LDM90 -1 APPLICANT: William and Charlotte Houseman DATE: May 71 1990 25. The applicant shall deposit with the City of Moorpark a contribution for the Walnut Canyon Area of Improvement Local Drainage Area. 26. 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. 27. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (is. model homes, temporary debris basins, etc.). 28. 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; b. Feasible access during a 10 -year frequency storm. r- Hydrology calculations shall be per current Ventura County Standards. 29. 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 Ventura County Ordinance No. 2372. 30. 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.). IN CONJUNCTION WITH APPROVAL OF FINAL NAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 31. 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. 5 LAND DIVISION MAP NO. LDM90 -1 APPLICANT: William and Charlotte Houseman DATE: May 7, 1990 32. 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. 33. The applicant shall delineate on the Parcel Map areas subject to flooding as a "Flowage Easement" and then offer the drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the map. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 34. 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. 35. 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 Director of Community Development as part of the grading plans. 36. 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. 37. No trees with a truck diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council. 38. 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. 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 INPROVEIDINTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 39. Original "as- built" plans on standard size sheets will be certified by the Civil Engineer and returned to the City Engineer's office. 2 LAND DIVISION MAP NO. LDM90 -1 APPLICANT: William and Charlotte Houseman DATE: May 7, 1990 VENTURA COUNTY ENVIROMMAI TAL HEALTH DEPARTMENT CONDITION PRIOR TO THE ISSUANCE OF BUILDING PERMIT: 40. Prior to the issuance of building permits for construction of any structures containing domestic plumbing fixtures, the applicant shall obtain a permit from the Ventura County Environmental Health Department for the design and installation of an on -site sewage disposal system. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO RECORDATION THE FOLLOWING CONDITIONS SHALL BE MET: 41. 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. 42. That Aspen Hills Drive shall be improved to a minimum of 20 feet of pavement within a minimum easement of 30 feet. This improvement shall be made off -site from Parcels 1 and 2 to Gabbert Road. This improvement shall be completed prior to recordation. 43. That the access road /driveway, shall be in accordance with Ventura County Fire Protection District Private Road Guidelines. This improvement shall be made off site from Gabbert Road, providing a 20 foot frontage to each lot. 44. That the access road /driveway shall be certified by a Registered Civil Engineer as having an all weather surface in conformation with City Standards. This certification shall be submitted to the Ventura County Bureau of Fire Prevention prior to Recordation. 45. That the access road shall be of sufficient width to allow for as 40 foot turning radius at all sharp turns in the road. 46. That approved turnaround areas or easements for fire apparatus shall be provided where the access road is farther from the main thoroughfare. 47. That all drives shall have a minimum vertical clearance of 13 feet 6 inches. 7 LAND DIVISION MAP NO. LDM90 -1 APPLICANT: William and Charlotte Houseman DATE: May 71 1990 48. That if the subject parcel is within a Water Purveyor District, water mains capable of providing a fire flow of 500 @20psi shall be installed from the purveyor point of connection to the point where the access road fronts on each individual parcel. The cost of engineering, installation and maintenance of these mains shall be that of the applicant of this division (Parcel Map). This improvement or provisions to guarantee its installation shall be completed prior to recordation. PRIOR TO CONSTRUCTION THE FOLLOWING CONDITION SHALL BE SATISFIED• 49. 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. REVISED PLANNING COMMISSION CONDITIONS - MAY 4, 1990 26. 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 property owners). 42. That Aspen Hills Drive shall be improved to a minimum width of twenty (20) feet of pavement within a minimum easement of thirty (30) feet. This improvement shall be made off -site from parcels 1 and 2 to Gabbert Road. This improvement shall be completed prior to recordation. 0