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Home My WebLink AboutRES 1992 257 0203NO. PC -92 -257 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LDM 91 -5 ON THE APPLICATION OF EMBASSY PLAZA NO. 16, LTD. (ASSESSOR PARCEL NUMBERS 500 - 350 -385, 395, AND 405) Whereas, at a duly noticed public hearing on February 3, 1992, the Planning Commission considered the application filed by The Embassy Plaza No. 16, Ltd. for a Reversion to Acreage of two parcels of approximately 3.8 acres and 0.9 acres back to the original configuration of a 4.47 acre site; Whereas, the Planning Commission after review and consideration of the information contained in the staff report dated February 3, 1992 and testimony, has found that LDM 91 -5 is Categorically Exempt from CEQA in accordance with the California Environmental Quality Act Guidelines pursuant to Section 15305 Class 5 (c) - Reversion to acreage in accordance to the Subdivision Map Act, and has reached its decision on this matter; and Whereas, on January 17, 1992 the City Council approved an Agreement with Embassy Plaza No. 16, Ltd. wherein the City Agreed to process the Reversion to Acreage by February 7, 1992; Whereas, at its meeting of February 3, 1992 the Planning Commission opened the public hearing, took testimony from all those (~ wishing to testify, closed the public hearing, and made its decision on LDM 91 -5. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Determined that LDM 91 -5 is Categorically Exempt from CEQA in accordance with the California Environmental Quality Act Guidelines pursuant to Section 15305 Class 5 (c) - Reversion to acreage in accordance to the Subdivision Nap Act. SECTION 2. The Planning Commission hereby adopts the findings in the staff report dated February 3, 1992, and said report is incorporated herein by reference as though fully set forth. SECTION 3. In accordance with the Agreement between the City and the applicant approved on January 17, 1992 by the City Council, the approval of LDM 91 -5 by the Planning Commission satisfy's the City's portion of the Agreement which requires processing of a Reversion to Acreage by February 7, 1992. =1- 2126192 &,fir w\237 1 SECTION 4. The Planning Commission does hereby finds that LDM 91 -5 is consistent with the City's General Plan. Resolution No. PC -92 -257 SECTION 5. That the Planning Commission hereby approves LDM 91 -5 on the application of The Embassy Plaza No. 16, Ltd., subject to compliance with all of the conditions of approval attached hereto as Exhibit A. The action of the foregoing direction was approved by the following roll vote: AYES: Commissioners Torres, Brodsky, May, Wesner; NOES: None; ABSENT: Commissioner Miller PASSES, APPROVED, AND ADOPTED THIS 3RD DAY OF FEBRUARY, 1992. Chairman: c ael W sner Jr. ATTEST: Celia LaF eur, Secretary Attachment: Exhibit A: Conditions of Approval for LDM 91 -5 f =1- 1116191 •, \z \t!f 2 i- 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 February 3, 1992 by the following vote: AYES: Commissioners Torres, Brodsky, May, Wesner; NOES: None; ABSENT: Commissioner Miller ATTEST: c� Celia LaFleur, Secretary =1- 2/26/92 ss \r w \237 3 APPLICANT: PROJECT: DATE: EMBASSY PLAZA NO. 16, LTD LAND DIVISION MAP NO. 91 -5 FEBRUARY 3, 1992 CONDITIONS OF REVERSION CGBNERAL CONDITIONS: 1. The applicant is required to record a Parcel Map. 2. If the Parcel Map is not recorded within three years of approval of the Reversion to Acreage, LDM 91 -5 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 Reversion to Acreage shall terminate all proceedings, and any Reversion to Acreage of the land shall require the filing and processing of a new Land Division Map. 3. Recordation of this Reversion to Acreage shall be deemed to be acceptance by the property owner of the conditions of LDM 91- 5. 4. 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. 5. The developer's recordation of this map shall be deemed to be acceptance of all conditions of this Reversion to Acreage by the applicant. 6. 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. 7. 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. 8. Any future development shall be subject to all applicable City regulations regarding the C -1 zone unless superseded by City action. MMIBIT A t" APPLICANT: EMBASSY PLAZA NO. 16, LTD PROJECT: LAND DIVISION MAP NO. 91 -5 DATE: FEBRUARY 3, 1992 9. No zone clearance shall be issued for construction until the Parcel Map has been recorded. Prior to the issuance of any permit, a Commercial Planned Development shall be obtained from the City. 10. That the applicant for this Reversion to Acreage 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 Reversion to Acreage, 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 applicant 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 applicant's obligations under this condition shall apply regardless of whether a parcel map is ultimately recorded with respect to the Reversion to Acreage. 11. As determined by the City, and in accordance with the executed "Agreement between the City of Moorpark and Embassy Plaza No. 16, Ltd. ", all previously paid fees (if deemed necessary by the City) shall be retained. 12. As determined by the City, and in accordance with the executed "Agreement between the City of Moorpark and Embassy Plaza No. 16, Ltd. ", the City shall retain any portion of required improvement security or deposits. APPLICANT: PROJECT: DATE: h"01AW ism 11 Il EMBASSY PLAZA NO. 16, LTD LAND DIVISION MAP NO. 91 -5 FEBRUARY 3, 1992 13. The applicant shall retain any necessary offers of dedication or other easements on the Parcel Map, as determined necessary by the City, and in accordance with the executed "Agreement between the City of Moorpark and Embassy Plaza No. 16, Ltd. ". 14. Prior to recordation of the Reversion to Acreage, the applicant shall execute any and all documents to effectuate the Reversion to Acreage and to deed to City the same property for street rights -of -way and utility easement purposes along the Spring Road and Tierra Rejada Road frontages of subject property and other property dedications as were provided with LDM -11.