The URL can be used to link to this page

Home My WebLink AboutRES 1991 234 0415RESOLUTION NO. PC -91 -234 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL LDM -90 -4 ON THE APPLICATION OF MARTIN V. SMITH AND ASSOCIATES Whereas, at a duly noticed public hearing on April 1, 1991, the Planning Commission considered the application filed by Martin V. Smith and Associates requesting approval of a land division to subdivide an existing 7.52 acre parcel into two parcels of 2.88 and 4.64 acres; Whereas, the Planning Commission after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program and testimony, and has found that the project will not have a significant adverse effect on the environment, and has reached its decision on this matter; and Whereas, at its meeting of April 1, 1991, the Planning Commission opened the public hearing, took 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 {beginning at Section 21000}), the Planning Commission of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project has been completed in compliance with CEQA and State Guidelines. The Planning Commission has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 2. The Planning Commission hereby adopts the findings in the staff report dated March 4, 1991, and said report is incorporated herein by reference as though fully set forth. SECTION 3. The Planning Commission does hereby find that the aforementioned projects are consistent with the City's General Plan. Resolution No. PC -91 -234 page 2 SECTION 4. That the Planning Commission hereby recommends to the City Council conditional approval (with recommended changes) of LDM -90 -4 on the application of Martin V. Smith and Associates subject to compliance with all of the attached conditions attached hereto. The action of the foregoing direction was approved by the following roll vote: AYES: Wesner, Torres, and Schmidt NOES: None. ABSENT: None. PASSES, APPROVED, AND ADOPTED THIS 15TH DAY OF APRIL, 1991. ATTEST: 1 Z4- Celia LaFleur, Secretary STATE OF CALIFORNIA ) ) SS COUNTY OF VENTURA ) Chairman presiding: /Michael H. sn r Jr. I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on April 15, 1991 by the following vote: Ayes: Commissioners Schmidt, Torres, Wesner, Brodsky, Abstain: Commissioner Miller. ATTEST.• Celia LaFleur, Secretary LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 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 City regulations regarding the M -1 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. Also, no zoning clearance shal be issued until the applicant pays all outstanding permit processing costs to the City. 9. Prior to approval of a Final Map, the developer shall demonstrate by possession of a District Release from the LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 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, 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. 12. Prior to recordation all utility lines from the property line shall be placed underground 13. 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. 14. 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 applicable to the property when the application was deemed complete. 15. 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 a: \ldm90 -4.234 2 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 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: The city bears its own attorney fees and costs; 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. CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL NAP, THE FOUMING CONDITIONS SHALL BE SATISFIED• 16. a. 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 post sufficient surety guaranteeing completion. b. 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. C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 17 a. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Civil 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. b. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. a: \ldm90 -4.234 3 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 If so, the applicant shall reimburse the City for all costs including the City's administrative costs. 18. 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 abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 19. The applicant shall not construct the driveway fronting Minor Street (per the project site plan) at the loading area and shall paint forty feet of yellow curb adjacent to the loading area. All loading /unloading shall be conducted in this zone. To facilitate loading /unloading the applicant shall construct a standard wheelchair ramp adjacent to this loading /unloading zone. 20. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. 21. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements 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, flow rates, major water courses. drainage areas and patterns, diversions, collection systems, flood hazard areas, sups and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designated for a 50 -year storm; b. all catch basins on continuous grades shall be designed for a 10 -year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the a: \ldm90 -4.234 4 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 depth of the approach flows; d. all culverts shall be designed for a 100 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering any adjacent roadways; f. for a 10 -year 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. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. h. On -site storm water retention facilities shall be designed to the City Engineer's satisfaction. 22. The applicant shall submit to the City for review and approval, storm drain plans for the Spring Road drain (from the project to the existing reinforced concrete box on the southwest corner of the intersection of Los Angeles Avenue - Spring Road) as identified by the City's Master Drainage Study, prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. This drain shall pick up all flows along the east side of Spring Road and the south side of Flinn Avenue between the railroad tracks and New Los Angeles Avenue. Any necessary right -of -way required to complete this improvement will be acquired by the applicant at their expense. The applicant shall be eligible for reimbursement for the necessary pipeline oversizing of the Spring Road drain only from either adjacent properties that have not yet been developed and /or the Los Angeles Avenue A.O.C. as may be approved by City Council in a separate reimbursement agreement. 23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. a: \ldm90 -4.234 5 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 24. The applicant shall make a special contribution to the City representing the applicant's prorata share of the cost of improvements to the intersection of Spring Road - New Los Angeles Avenue. To determine the cost of these improvements as identified in the project traffic study, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. The prorata share shall be approved by the City Council prior to Final Map approval. The contribution shall then be paid to the City, prior to Final Map approval. 25. The applicant shall submit to the City and Caltrans for review and approval a traffic signal plan for the intersection of Spring Road - Flinn Street, prepared by a registered civil engineer; shall enter into an agreement with the City to complete those improvements; and shall post sufficient surety guaranteeing completion. The street improvements will be those necessary to complete installation of the traffic signal, including restriction of left turns into /out of Second Street as detailed in the project traffic study. The applicant shall provide for a traffic signal warrant study to be conducted between three and six months after occupancy. If the traffic signal is warranted and construction is allowed by Caltrans the applicant shall immediately construct the improvements. If the traffic signal is not warranted, additional traffic signal warrant studies shall be conducted on a semi - annual basis unless otherwise approved by the City Engineer. If construction of the traffic signal is not warranted or Caltrans will not allow its construction prior to occupancy, the applicant shall deposit 1258 of the construction cost with the City prior to project acceptance. The required bond for the improvements can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. The cash deposit does not relieve the applicant from constructing the improvements. The applicant shall construct the improvements upon receiving Caltrans permission to do so. 26. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of Zone Clearance. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 27. The applicant shall execute a covenant running with the land a: \ldm90 -4.234 6 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 on the 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. The covenant is to be approved by the Director of Commuity Development prior to recordation. 28. 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 shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental 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 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 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. 29. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 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.). a: \ldm90 -4.234 7 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 31. A meandering sidewalk along the Spring Road, Flinn Avenue, and Minor Street property frontage shall be constructed, with the precise design and location approved by the city Engineer and Director of Community Development. The following criteria for the design of the meandering sidewalk shall be met: 1. Crossfall shall not exceed two percent. 2. Sidewalks shall be a minimum 5 feet wide at all points. 3. The meandering sidewalk shall be contained either within public right -of -way or within an easement offered to the City. 4. The applicant shall agree to maintain the sidewalk any related landscaping. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 32. Applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use, all right -of -way for public streets as shown on the map. 33. Applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. PLANNING COMMISSION RECOMMENDED CHANGES PER PLANNING COMMISSION MEETNG OF APRIL 1. 1991 CITY ENGINEER CONDITIONS PRIOR TO APPROVAL ON FINAL NAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 19. The applieant ay __ -t,-_ Hiner 22. a: \ldm90 -4.234 8 LAND DIVISION MOORPARK NO: APPLICANT: DATE: 25 90 -4 Martin V. Smith and Associates March 4, 1991 The City shall submit to the City and Calt.rans ....f_o.r _ _ review and _ . . ... . and a traffic 4` 'ro :'� WIN signal plan I of the intersection of S rind Road - Second Street/ iiii" Avenue a: \ldm90 -4.234 LAND DIVISION MOORPARK NO: 90 -4 APPLICANT: Martin V. Smith and Associates DATE: March 4, 1991 prepared by a registered civil engineer; shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion. To determine what street improvements will be necessary, the applicants engineer shall submit for City and Caltrans review alternative conceptual designs of an aligned intersection. The off -set intersection design shall include sufficient information to demonstrate how the lane configuration and traffic signal phasing will operate. The City and Caltrans will review the conceptual plans (additional conceptual designs may be required) and determine which intersection configuration will be constructed. The applicant shall then proceed with final design and construction of the improvements. The applicant shall be responsible for all costs associated with processing of any associated right -of- way vacation. The applicant shall provide for a traffic signal warrant study to be conducted between three and six months after occupancy. If the traffic signal is not warranted, additional traffic signal warrant studies shall be conducted on a semi - annual basis unless otherwise approved by the City Engineer. If construction of the traffic signal is not warranted, or Caltrans will not allow its construction prior to occupancy, the applicant shall deposit 125% of the construction cost with the City prior to project acceptance. The required bond for the improvements can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. The cash deposit does not relieve the applicant from constructing the improvements. The applicant shall construct the improvements upon receiving Caltrans permission to do so. a: \ldm90 -4.234 10