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HomeMy WebLinkAboutRES 1991 238 0506RESOLUTION NO. PC -91 -238 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PARCEL MAP LDM -90 -7 ON THE APPLICATION OF GERALD BRIDGEMAN. Whereas, at a duly noticed public hearing on May 6, 1991, the Planning Commission considered the application filed by Gerald Bridgeman requesting approval to subdivide a 1.59 acre parcel into four parcels of 10,145; 10,190; 14,350; and 34,690 square feet; and Whereas, the Planning Commission after review and consideration of the information contained in the staff report, the Negative Declaration and testimony, and has found that the project will not have a significant adverse effect on the environment, and has reached its decision in the matter; and Whereas, at its meeting of May 6, 1991, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and 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 Negative Declaration 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 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 May 2, 1991, and said report is incorporated herein by reference as though fully set forth. Section 3. The Planning Commission does hereby find that the approval of the Parcel Map is consistent with he City's General Plan. Resolution No. PC -91 -238 page 2 Section 4. That the Planning Commission hereby conditionally approves Parcel Map No. LDM -90 -7 on the application of Gerald Bridgeman subject to compliance with all of the attached conditions attached hereto. The action. of the foregoing direction was approved by the following roll call vote: Ayes: Schmidt, Miller, Brodsky, Torres, Wesner; Noes: None. Absent: None. ATTEST: Celia LaFleur,' Secretary Chairman presiding: Jr. STATE OF CALIFORNIA ) ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I can 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 by the following vote: Ayes: Torres, Brodsky, Miller, Wesner Noes. None. Absent: Vacancy (one) ATTEST.• Celia LaFleur, Secretary EXHIBIT A 1. The conditions of approval of this Tentative Parcel Map supercede 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 or 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 condition 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 Single Family Residential (R -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. 9. 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. 10. That the subdivider shall defend, indemnify and hold harmless the City and it's 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: 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. 11. The Initial Study prepared by the City has determined that this project will have a "De Minimis" impact upon the environment. In conformance with the procedures set forth in Assembly Bill 3158 the applicant is required to deposit with the City within two (2) days after approval of the project a $25.00 filing fee made out to the County of Ventura for the State required Certificate of Fee Exemption. PRIOR TO GRADING PERMIT APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 12. Prior to obtaining a grading permit, the developer shall submit grading plans to the Director of Community Development for approval to ensure that they meet with the intent expressed in the architect's conceptual plans and/or tentative map. 13. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utility undergrounding requirement will be met. PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 14. 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. 15. All proposed utilities shall be undergrounded to the nearest off -site utility pole. All new utility service must be underground prior to recordation of this map. 16. As of the date of recordation of the final Parcel Map, the parcels depicted thereon shall meet the requirement of the Zoning Ordinance and General Plan then applicable to the property when the land division was deemed complete. This requirement applies to the subdivision only. Any request for development or construction must meet with the development standards applicable at the time the application for development is made. 17. Building standards for residential structures as provided under Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, Title 24 of the California Administrative Code, shall be imposed on any future residential units constructed in this subdivision. 18. The subdivider shall obtain a "District Release" from the Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. 19. 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. 20. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. 21 . The applicant shall pay all outstanding processing fees including but not limited to, Planning, City Engineering and any City Attorney fees. PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED; 22. The applicant shall submit to the City 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). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and City Engineer. 23. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. 24. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 25. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with 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. 26. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the city's administrative costs. 27. The applicant shall submit to the City for review and approval, street improvement plans 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. Any necessary right -of -way required to complete the improvements will be acquired by the applicant at their expense. 28. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. 29. The applicable Ventura County Road Standard Plates are as follows: Wicks Road shall be per Plate B -5A (Revision F), modified to provide 60 feet of right of way. 30. The applicant shall submit to the city for review and approval, drainage plans, hydrologic and hydraulic calculation 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, water flow rates, major wateir 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: a all catch basins in sump locations shall be designed 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 or water at intake shall equal the 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 collector or secondary roadways; 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. 31 . 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. 32. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 33. 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 final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 34. The applicant shall make a contribution of $3,000 per lot to the city which will be used to fund public street and traffic improvements directly, or indirectly affected by this development. 35. The applicant shall make a contribution to the City representing the applicant's share of the cost of improvements to the intersection of 'Walnut Canyon Road - Wicks Road as determined by an Area of Benefit to be established by the City. To determine the cost of these improvements, the applicant's civil engineer shall first prepare a conceptual plan to the satisfaction of the City Engineer. The plan shall be designed to identify the necessary street improvements to provide standard intersection sight distance. The applicant's prorata share to the Area of Benefit shall then be approved by the City Council prior to Final Map approval. The contribution to the Area of Benefit shall then be paid to the City, prior to approval of the final Map. 36. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been 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. 37. The applicant shall transmit (by Certified Mail) a copy of Section 66436 of the State of California 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 Engineer. 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 shall do all of the following at least 60 days prior to the filing of the final map for approval pursuant to Government code Section 66457. a. notify the city in writing that the applicant wishes the City to acquire an interest in their land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. supply the City with (1) a legal description of the interest to be acquired, (II) a map or diagram of the 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; 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 costs (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 39. 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. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 40. The applicant shall offer to dedicate to the City of Moorpark a street dedication of sufficient width along Wicks Road to permit an ultimate right -of -way of 60 feet, as delineated on the approved Tentative Map. 41. The applicant shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to Wicks Road along the entire frontage of the parent parcel except for the access road and the driveways for Lots 1 and 4. Lots 2 and 3 shall not be permitted to have driveways onto Wicks Road. Access to Lots 2 and 3 shall be via the on -site access road shown on the Tentative Map. 42. The applicant shall dedicate on the Final Map 'to the City of Moorpark, public service easements as required. 43. The applicant shall delineate areas subject to flooding as "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the Final Map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the city that these easements will be adequately maintained by property owners to safely convey storm water flows. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 44. 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. 45. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 46. 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 Sheriffs Department and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 47. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street sections minus one inch of paving as an interim condition until all utility cuts or trenching are completed. The final one inch cap of asphalt shall be placed after all necessary trenching is completed. 48. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the director of Community Development. PRIOR TO FIRST SALE OF ANY LOT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 49. If the land is in a special flood hazard area, the applicant shall notify all potential buyers in writing of this condition. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 50. Sufficient surety guaranteeing that the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 51. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" x 36 ", they must be resubmitted as "as- builts" in a series of 22" x 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as - built" plans is required before a final inspection will be scheduled. 52. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 53. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 54. Applicant for service shall comply with the Ventura 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. Ultralow plumbing fixtures are required in all new construction. 55. A turn around which meets fire Department standards shall be provided on Wicks Road for this project. 56. Access easement between Parcels 2 and 3 shall be identified for use, for example, access to property backing us to this parcel with access from Everett Street or additional building to the rear of parcels 2 and 3. 57. 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. 58. That all driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6 "). 59. That if the subject parcel is not annexing to a Water Purveyor District, an acceptable private water system for fire protection shall be provided prior to combustible construction. 60. That if the subject parcel is within a Water Purveyor District, water mains capable of providing a fire flow of 1,000 GPM at 20 psi shall be installed from the public right of way, or from the Purveyor point of connection to the northwest property line of Parcel No. 4. 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 prier to recordation. 61. 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. 62. That prior to recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow for the project. 63. Fire hydrants shall be a minimum of a 6" x 4" x 2.5" wet barrel.