HomeMy WebLinkAboutRES 1991 250 0903RESOLUTION NO. PC -91 -250
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL TENTATIVE TRACT
MAP NO. 4789 ON THE APPLICATION OF MOORPARK
WEST AND MURRAY SIEGAL (ASSESSOR PARCEL NOS.
511- 162 -02 AND 511 - 162 -03)
Whereas, at a duly noticed public hearing on August 19
and September 3, 1991, the Planning Commission considered the
application filed by Moorpark West and Murray Siegal requesting
approval of a Tentative Tract Map two divide two existing parcels
into five parcels which will separate IPD 91 -1 thru 3, IPD -10 and
12 into individual lots; and
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 August 19, 1991, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, closed the public hearing; and
Whereas, the Planning Commission continued the hearing to
September 3, 1991 and directed staff to meet with the applicant to
discuss possible condition verbiage changes.
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 August 19, 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
09:25,911ir32PMCi \WP51 \88SOS \150
Resolution No. PC -91 -250
November 20, 1991
Page -2-
SECTION 4. That the Planning Commission hereby
recommends to the City Council conditional approval of Tentative
Tract Map No. 4789 on the application of Moorpark West and Murray
Siegal subject to compliance with all of the attached conditions
attached hereto as Exhibit A. The action of the foregoing
direction was approved by the following roll vote:
AYES: Commissioner's Torres, Miller, May, Wesner;
NOES: Commissioner Brodsky.
PASSES, APPROVED, AND ADOPTED THIS 3RD DAY OF SEPTEMBER, 1991.
Attachment:
Exhibit A: Conditions of Approval for TR -4789
ATTEST:
Celia LaFleur, Secretary
Chairman:
Nrchael H/ Wdisfier Jr.
STATE OF CALIFORNIA )
) SS
COUNTY OF VENTURA )
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 September 3, 1991 by the following vote:
Ayes: Commissioner's Tories, Miller, May, Wesner
Noes: Commissioner Brodsky.
ATTEST.•
& 6 � " It
W
Celia LaFleur, Secretary
TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
4789
Moorpark West
August 19, 1991
1. The conditions of approval of this Tentative 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
Ordinances 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. A notation which references approved conditions of
approval shall be included on the final map in a format
acceptable to the Director of Community Development.
3. All applicable requirements of any law or agency of the State,
City of Moorpark and 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. 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. 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. g3hp 03sa' ic+rant _r L L_
A:\TR4789 1
TENTATIVE TRACT MAP NO. 4789
APPLICANT: Moorpark West
DATE: August 19, 1991
8. The development shall be subject to all applicable regulations
of the M -2 zone designation for the property.
9. No Zoning Clearance for IPD Nos. 91 -1 thru 3, IPD 90 -10 and -
12 shall be issued for any building construction until the
Final Map has been recorded. Prior to the issuance of any
building permit, a zoning clearance shall be obtained from the
Department of Community Development. A Building Permit shall
be obtained from the Department of Building and Safety after
the granting of a zoning clearance.
10. The Tentative
its approval.
County Recorde
terminate all
shall require
Map.
Map shall expire three years from the date of
Failure to record a Final Map with the Ventura
�r prior to expiration of the Tentative Map shall
proceedings, and any subdivision of the land
the filing and processing of a new Tentative
14. The applicant shall submit a plan for review and approval of
the Director of Community Development which identifies how
compliance with the utilities undergrounding requirement
(Condition No. 16) will be met.
15. Within two (2) days after approval of the project by the City
Council, the applicant shall deposit one fee in the amount of
$1,250 plus a $25.00 filing fee for the following applications
which collectively comprise the project: Land Division Map
No. 91 -1, Tentative Tract Map No. 4789, and Industrial Planned
Development Permit Nos. 90 -7 thru 13, 91 -1 thru 3. The fee
shall be paid to the County of Ventura for the State required
Notice of Determination filing fee in accordance with Assembly
Bill 3158.
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
16. All proposed utilities shall be undergrounded to the nearest
Off-site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the
exception of 66 KVA or larger power lines.
17. 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
A:\TR4789 2
TENTATIVE TRACT MAP NO. 4789
APPLICANT: Moorpark West
DATE: August 19, 1991
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.
18. The subdivider shall obtain a "District Release" from the
Calleguas Municipal Water District and 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.
21. Prior to recordation, the applicant shall deposit with the
City of Moorpark, a Condition Compliance Review Fee in the
amount of the original filing fee for each of the approved
entitlements.
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
22a. The applicant shall submit to the City for review and
approval, a grading plan for each lot (IPD 90 -10, 12 & IPD 91-
1, 2, and 3) by a registered civil engineer; shall obtain a
grading permit; and shall post sufficient surety guaranteeing
completion. Cut and fill slopes shall be no steeper than 2:1
(horizontal to vertical). Contour grading of all slopes shall
be provided to the satisfaction of the Director of Community
Development and the City Engineer.
b. An erosion control plan shall be submitted for review and
approval if grading is to occur between October 15th and April
A: \TR4789 3
TENTATIVE TRACT MAP NO. 4789
APPLICANT: Moorpark West
DATE: August 19, 1991
15th. 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 Director of Public
Works. On site haul routes shall be limited to graded areas
only.
23a. 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
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.
If so, the applicant shall reimburse the City for all costs
including the City's administrative costs.
24. 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.
25. 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
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 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;
A:\TR4789 4
TENTATIVE TRACT MAP N0. 4789
APPLICANT: Moorpark West
DATE: August 19, 1991
C. all catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the depth
of the approach flows;
d. all culverts shall be designed for a 10 -year storm;
e. drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary 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.
26a. Prior to issuance of a grading permit, 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.
b. 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.
c. The applicable City standards are as follows:
"A" Court shall be per plate B3 -D of the Ventura County
Road Standards, modified to a 50 foot right -of -way with
no sidewalks.
d. Primary access to site will utilize "A" Court with
secondary access indicated on the Tentative Tract Map.
e. All geometric improvements shall be designed for service
trucks and emergency vehicles.
f. Traffic control devices for vehicles and pedestrians shall
be designed and installed to safely move traffic at all access
A: \TR4789 5
TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4789
Moorpark West
August 19, 1991
points and intersections as required by the City Engineer, or
approved traffic study.
g. Necessary provisions for right -of -way for any future
roadway shall include adequate locations for traffic
facilities.
h. During the grading of roads, soils testing of the road by
a qualified soils engineering firm shall be performed to
determine appropriate structural sections.
27. Intersection sight distance lines shall be shown on the street
improvement plans.
28. The applicant shall demonstrate legal access for each parcel
to the satisfaction of the City Engineer.
29. 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.
30. 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 Engineer.
31. 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 6- days prior to the filing of the
final or parcel 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 the land which is sufficient
for such purposes as provided in Government 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
A:\TR4789
TENTATIVE TRACT MAP NO. 4789
APPLICANT: Moorpark West
DATE: August 19, 1991
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
cost (including, without limitation in attorney's fees and
overhead expenses) of acquiring such an interest in the land.
32. The applicant shall pay all energy costs associated with any
new street lighting required of Tract 4789 for a period of one
year from the initial energizing of the street lights.
33. If the covenant set forth in this condition has not already
been executed and recorded against the property, the applicant
shall execute a covenant running with the land 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.
34. The applicant shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (ie.
landscaping, parks, fencing, etc.) or which require removal
(ie. model homes, temporary debris basins, etc.)
35. Public Works improvements having backfill of pipe shall be in
4 inches fully compacted layers unless otherwise specified by
the City Engineer.
36. Soil testing for compaction for all Public Works improvements
is to be performed on all pipe or conduit placement. The
interval of testing shall be less than once every four feet of
lift and 100 linear feet of pipe or conduit placed.
37. Prior to recordation, the access easements shown on the
tentative map shall be recorded as nonexclusive easements
insuring that all property owners covered within Tract No.
4789 have the right of ingress and egress at all times.
IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
A:\TR4789 7
TENTATIVE TRACT MAP NO. 4789
APPLICANT: Moorpark West
DATE: August 19, 1991
38. The 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 Final Map.
39. The applicant shall dedicate on the Final Map to the City of
Moorpark, public service easements as required.
40. The applicant shall delineate areas subject to flooding as a
"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 easements will be
adequately maintained by property owners to safely convey
storm water flows.
41. That applicant shall make an irrevocable offer to dedicate on
the Final Map to the City the area between the right -of -way
and the sight distance lines at all intersections.
42. The proposed road name subject to approval by the City Council
shall be Atlantic Columbia Court. Such approval shall be
coordinated through the City Engineer and Fire Department.
VENTURA COUNTY WATERWORKS DISTRICT NO 1
GENERAL REQUIREMENT:
43. The applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations ".
PLANNING COMMISSION RECOMMENDED CHANGES AT SEPTEMBER 3 1991
PLANNING COMMISSION HEARING:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
A:\TR4789
r]
0
TENTATIVE TRACT MAP NO.
APPLICANT:
DATE:
4789
Moorpark West
August 19, 1991
.:. X...:.. ... ....:.....:.:...:::::..,..,....
t;% 5::. 3., iy;;< :z°:;::1'.E:i!Ze:;c:. >`:..':.d�
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALT, HE
SATISFIED:
20. Prior to recordation, subject to applicant's receipt of a bill
from the City, all outstanding case processing fees for TR
4789, IPD 90 -7 thru 13, LDM 91 -3, and IPD 91 -1 thru 3 shall be
paid to the City. Within 45 days after City Council action of
the resolution for this project, the City shall bill the
applicant for all case processing fees. No recordation of LDM
91 -3 or TR 4789 shall occur until all fees for case processing
have been paid to the City.
A:\TR4789 9