HomeMy WebLinkAboutRES 1997 333 0414RESOLUTION NO. PC -97 -333
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK (CITY), CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF VESTING TENTATIVE PARCEL MAP 5081 ON
THE APPLICATION OF AMERICAN STORES PROPERTIES, INC. FOR
A SUBDIVISION OF 11.8 ACRES INTO EIGHT LOTS OF 2.5, .7,
4.1, 1.5, .6, .7, .9 AND .8 ACRES LOCATED AT THE
NORTHWEST CORNER OF TIERRA ROAD AND MOUNTAIN TRAIL STREET
IN THE CITY, ASSESSOR'S PARCEL NOS. 505 -0- 012 -41
WHEREAS, at a duly noticed public hearing on March 24, 1997,
the Planning Commission considered the application for approval of
Vesting Tentative Tract Map No. 5081 filed by American Stores
Properties, Inc. for a subdivision of an
an 11.8 acre parcel into lots of 2.5, .7, 4.1, 1.5, .6, .7, .9 and
.8 acres located at the northwest corner of Tierra Rejada Road and
Mountain Trail Street in the City, Assessor's Parcel Nos. 505 -0-
012-41; and
WHEREAS, at its meeting of March 24, 1997, the Planning
Commission opened the public hearing, took testimony from all
�-^ those wishing to testify, and closed the public hearing; and
i
WHEREAS, the Planning Commission makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
The effects of the proposed subdivision have been adequately
analyzed in the Mitigated Negative Declaration, Initial Study, and
Mitigation Monitoring Program prepared for CPD 90 -2. The proposed
subdivision will have no adverse effect on the environment.
1. The proposed map is consistent with the applicable
general and specific plans.
2. That the design and improvements of the proposed
subdivision are consistent with the applicable general
and specific plans.
3. The site is physically suitable for the type of
development proposed.
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Resolution No. PC -97 -333
r VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
Page No. 2
4. The design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage.
5. The design of the subdivision and the type of
improvements are not likely to cause serious public
health problems.
6. The design of the subdivision and the type of
improvements would not conflict with easements acquired
by the public at large, for access through, or use of the
property within the proposed subdivisions.
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seg.; and
WHEREAS, the Planning Commission after review and
T consideration of the information contained in the staff report
dated March 24, 1997 and public hearing testimony, has reached a
decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission determines that the
effects of the proposed subdivision have been adequately analyzed
in the Mitigated Negative Declaration, Initial Study, and
Mitigation Monitoring Program prepared for CPD 90 -2 and that the
proposed subdivision will have no adverse effect on the
environment.
SECTION 2. The Planning Commission does hereby find that
the aforementioned project is consistent with the City's General
Plan.
SECTION 3. The Planning Commission recommends to the City
Council approval of Vesting Tentative Tract Map No. 5081 subject to
the following Conditions of Approval:
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Resolution No. PC -97 -333
VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
Page No. 3
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5081 ON
THE APPLICATION OF AMERICAN STORES PROPERTIES, INC.:
1. The conditions of approval of this Vesting Tentative Map and
all provisions of the Subdivision Map Act, City Ordinance and
adopted City policies supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map. If there is any conflict or
dispute about the applicability of any condition,
applicability shall be determined by the City at its sole
discretion.
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map.
3. 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.
4. All applicable requirements of any law or agency of the State,
City and any other governmental entity shall be met, and all
such requirements and enactments shall, by reference, become
conditions of this entitlement.
S. 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 rules 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. This Vesting Tentative Tract Map shall expire 3 years from the
date of its approval. The Director of Community Development
may, at his discretion, grant up to two (2) additional one (1)
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VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
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year extensions for map recordation,
changes in the adjacent areas and if
that he has diligently worked towards
the initial period of time. The reque:
entitlement shall be made in writing,
to the expiration date of the permit.
if there have been no
applicant can document
map recordation during
at for extension of this
at least 30 -days prior
8. As of the date of recordation of Final Map, the lots /parcels
depicted thereon shall meet the requirements of the Zoning
Ordinance and General Plan then applicable to the property.
Conditional approval of the Vesting Tentative Map shall
neither limit the power of the legislative body to amend the
applicable zoning ordinances and /or General Plan nor compel
the legislative body to make any such amendments.
9. Prior to recordation, the applicant shall provide to the City
an image conversion of building, landscape, public improvement
and site plans into an optical format (TIF) acceptable to the
City Clerk.
10. No asbestos pipe or construction materials shall be used.
11. 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 sole 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;
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Resolution No. PC -97 -333
i VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
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The City defends the claim, action or proceeding in good
faith.
r,..,
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.
12. Prior to the issuance of any building permit, a Zoning
Clearance shall be obtained from the Department of Community
Development.
13. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
14. Every effort shall be made to use reclaimed water for common
area landscaping irrigation and for dust control of grading
operations. Sufficient proof shall be given to the Director
of Community Development that using reclaimed water is
physically or economically not feasible prior to the
Director's decision to waive this condition. Generally, if
the line is located more than 500 feet from the site, it may
be deemed to be not feasible.
15. Temporary irrigation shall be provided for all erosion control
landscaping until it is replaced with permanent irrigation.
Temporary irrigation must be replaced with permanent
irrigation prior to issuance of a Zoning Clearance for the
first building.
16. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
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VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
Page No. 6
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
17. Prior to approval of the 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 the
unconditional guarantee for sewer and water service until
issuance of a building permit for any lot in the subdivision.
Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of
adequate water or sewer service.
18. 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.
19. Prior to approval of a Final Map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed 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. The subdivider shall indicate in
writing how this condition will be satisfied.
20. Prior to approval of the Final Map, the subdivider shall
submit a deposit for condition compliance review.
21. Prior to approval of the Final Map, the subdivider shall pay
all outstanding case processing, environmental documentation
costs, and all City legal service fees and administrative
costs.
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VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
Page No. 7
22. Prior to approval of the Final Map the applicant shall submit
a fee, paid in accordance with County Ordinance No. 3982
entitled "An Ordinance of the Ventura County Board of
Supervisors Requiring New Subdivision Records to be Included
in the County's Computer -Aided Mapping System and Establishing
Related Fees."
23. Other fees may be listed under the heading "City Engineer
Department Conditions" or in the City fee schedule.
Grading /Improvements
24. All rough grading for this site shall be completed.
Remaining onsite and offsite improvements shall be constructed
�^ according to the conditions of approval and approved plan
(Dwg. # 96 -ML- 10537) for CPD -90 -2, Major Modification No. 1
(Resolution 95- 1164).
Street Improvement Requirements
25. The Developer shall have constructed all public improvements
or have posted sufficient surety, in a form acceptable to the
City, guaranteeing completion of public improvements described
by the previously approved plans (Dwg #96- ML10537 and 96 -ML-
10541), in these conditions of approval and in the previously
approved conditions for CPD 90 -2, Major Modification #1
(Resolution 95- 1164).
26. Any right -of =way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense. The right- of -way dedications shall be irrevocably
offered to the City as shown on the approved Vesting Tentative
Tract Map and per the approved improvement Plans for CPD 90 -2
Major Modification No. 1.
27. The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
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Resolution No. PC
VESTING TENTATIVE
American Stores P
Page No. 8
proper sight
proper sight
-97 -333
TRACT 5081 - Conditions of Approval
roperties, Inc.
distances. Any easements necessary to maintain
distance shall be provided on the Final Map.
28. The Developer shall demonstrate legal access to the Tract to
the satisfaction of the City Engineer.
29. Prior to Final Map approval, the Developer shall pay the Los
Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee
shall be the dollar amount in effect at the time of payment.
If previous payment of this contribution can be demonstrated,
to the City's satisfaction, the developer would not have to
pay the AOC fee again.
Los Angeles Ave. /Tierra Rejada Road
30. The Developer shall prepare a traffic report studying the need
for a second westbound left turn lane on Los Angeles Avenue at
Tierra Rejada Road. If in the opinion of the City Engineer,
or as required by traffic guidelines, a second left turn lane
is warranted, the Developer shall design and construct it
prior to the recordation of the map. All costs of design,
construction, City review and inspection shall be borne by the
Developer.
Mountain Trail Median and Street Lights
31. Street lights and median improvements (including landscaping
and irrigation) shall be installed on Mountain Trail Street
per approved plans, or as otherwise approved by the City
Engineer and Director of Community Development. In lieu of
constructing these improvements, the Developer may submit a
cash deposit, prior to the recordation of the Map, and enter
into an agreement with California Builders guaranteeing
construction of the improvements. The agreement is to be
approved by the City Engineer and Director of Community
Development. These improvements will be completed within a
reasonable time, as determined by the City. Should these
improvements be deemed necessary for any reason, prior to
Developer constructing them, the City shall notify the
Developer. If the improvements are not constructed within
sixty (60) days of the City's notification, or the City is not
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Resolution No. PC -97 -333
VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
Page No. 9
satisfied with the construction of the improvements, the City
may utilize the cash deposit and proceed with their
installation.
Acquisition of Easements, Easement Vacations and Right of Way
32. If any of the improvements which the Developer is required to
construct or install are to be constructed or installed upon
land which the Developer does not have title or ownership
interest sufficient for such purposes, the Developer shall do
all of the following at least 60 days prior to the filing of
any Phase of the Final Map for approval pursuant to
Governmental Code Section 66457.
a. Notify the City in writing that the Developer 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. Upon written direction of the City supply the City with
r^ (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 Developer will pay all of the
City's direct and indirect cost (including, without
limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
33. The developer shall process the vacation for the existing
pedestrian easement, from the project site to Sagewood Drive,
located at the northwest corner of the development. The
developer shall be responsible for all costs of the vacation
of the easement which are not paid by California Community
Builders (CCB).
34. The Developer shall offer to dedicate to the City all
pedestrian access and public service easements as shown on the
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Resolution No. PC -97 -333
VESTING TENTATIVE TRACT 5081 - Conditions of Approval
f American Stores Properties, Inc.
Page No. 10
approved Vesting Tentative Tract Map and as otherwise required
by the City. An easement shall be shown on the Final Map for
all sidewalks located outside the public right- of -way. The
easement shall provide for public access and maintenance of
the sidewalk area only.
35. The subdivider shall offer for dedication to the City the
access rights adjacent to Tierra Rejada Road and Mountain
Trail Street except for the approved access driveways as shown
on the approved Vesting Tentative Tract Map.
36. The subdivider shall establish a Property Owners' Association
for operations and maintenance at the center and shall also
provide for non - exclusive reciprocal ingress /egress, drainage,
and utility easements between and on behalf of all the owners
of the commercial development on Vesting Tentative Tract Map
5081. Said easements shall be indicated on the map or other
city approved document and shall be reviewed and approved by
the City Engineer.
37. Prior to submittal of the Final Map to the City for review and
prior to approval, the Developer shall transmit by certified
mail a copy of the conditionally approved Vesting Tentative
Tract 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.
38. The developer shall execute a covenant running with the land
(or pay a traffic mitigation fee) 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.
39. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
40. A copy of the recorded Map(s) shall be forwarded to the City
Engineer for filing.
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Resolution No. PC -97 -333
VESTING TENTATIVE TRACT 5081 - Conditions of Approval
American Stores Properties, Inc.
Page No. 11
41. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety bonds that are in effect three years after Final Map
approval or issuance of the first building permit shall be
increased an amount equal to or greater than the consumers
price index (Los Angeles /Long Beach SMSA) . The increase shall
be applied to the period since original issuance of the surety
and shall be increased in like manner each year thereafter.
42. Original "as built" plans will be certified by the Developer'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 3611, 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 builts" plans is
required before a final inspection will be scheduled.
43. Applicant for service shall comply with the District "Rules
and Regulations ".
The action of the foregoing direction was approved by the following
roll vote:
AYES: Commissioners Millhouse, Norcross, Miller, Acosta;
NOES: Commissioner Lowenberg
PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF APRIL, 1997.
Attest:
Celia LaFleur, Secretary
to the Planning Commission
Pc97- 333.fin l.wpd
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