HomeMy WebLinkAboutRES 1997 332 0310RESOLUTION NO.97 -332
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 5067 ON THE APPLICATION
OF A -C CONSTRUCTION, INC. FOR A SUBDIVISION OF AN EXISTING LOT INTO
TWO PARCELS OF 5.0 AND 87.45 ACRES LOCATED SOUTH OF GABBERT ROAD IN
THE CITY OF MOORPARK, ASSESSOR'S PARCEL NOS. 500 -25 -7, 500 -33 -22 AND
45
WHEREAS, at a duly noticed public hearing on March 10, 1997, the Planning
Commission considered the application for approval of Tentative Parcel Map No.
5067 filed by A -C Construction, Inc. for a two lot subdivision of 5.0 and 87.45
acres located south of Gabbert Road in the City of Moorpark, Assessor's Parcel
Nos. 500 -25 -7, 500 -33 -22 and 45; and
WHEREAS, at its meeting of March 10, 1997, the Planning Commission opened
the public hearing, took testimony from all those wishing to testify, and closed
the public hearing; and
WHEREAS, the Planning Commission makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGSt
The proposed Tentative Parcel Map is Categorically exempt from (CEQA) in
accordance with Class 15 which consists of a division of property in urbanized
areas zoned for residential when the division is in conformance with the General
Plan and zoning and No variance or exceptions are required, all services and
access to the proposed parcels are available, the parcel was not involved in a
division of a larger parcel within the past two years, and the parcel does not
have an average slope of greater than 20 percent.
1. The proposed map is consistent with the applicable general and specific
plans.
2. That the design and improvements of the proposed subdivision is consistent
with the applicable general and specific plans.
3. The site is physically suitable for the type of development proposed.
4. The design of the subdivision and the proposed improvements is not likely
to cause substantial environmental damage.
5. The design of the subdivision and the type of improvements is 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 Pi Reg .; and
Resolution No. PC -97 -332
TENTATIVE TRACT 5067 - Conditions of Approval
A -C Construction, Inc.
Page No. 2
WHEREAS, the Planning Commission after review and consideration of the
information contained in the staff report dated March 10, 1997 and testimony, has
reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission determined that the Tentative Parcel
Map is Categorically Exempt from CEQA.
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 approves Tentative Parcel Map No. 5067
subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT NAP NO. 5067 ON THE APPLICATION OF A -C
Construction, Inc.:
p General Requirement®
1. The conditions of approval of this Tentative Map and all provisions of the
Subdivision Map Act, City of Moorpark 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, it 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 of
Moorpark and any other governmental entity shall be met, and all such
requirements and enactments shall, by reference, become conditions of this
entitlement.
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.
Resolution No. PC -97 -332
TENTATIVE TRACT 5067 - Conditions of Approval
A -C Construction, Inc.
Page No. 3
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 Tentative Parcel 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) year extensions for map
recordation, if there have been no changes in the adjacent areas and if
applicant can document that he has diligently worked towards map
recordation during the initial period of time. The request for extension
of this entitlement shall be made in writing, at least 30 -days prior to
the expiration date of the permit.
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
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 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.
Resolution No. PC -97 -332
TENTATIVE TRACT 5067 - Conditions of Approval
A -C Construction, Inc.
Page No. 4
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 dispose with this condition.
Generally, if the line is not located closer than 500 feet from the site,
it may be deemed to be economically not feasible.
15. Temporary irrigation shall be provided for all non permanent 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 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 a 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
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
Resolution No. PC -97 -332
TENTATIVE TRACT 5067 - Conditions of Approval
A -C Construction, Inc.
Page No. 5
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.
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 listed under the heading "City Engineer Department
Conditions" or in the City of Moorpark fee schedule.
24. No off -site import /export of dirt will be allowed as part of this
subdivision.
25. The Subdivider shall indicate in writing to the City the disposition of
any wells that may exist within the project. If any wells are proposed to
be abandoned, or if they are abandoned and have not been properly sealed,
they must be destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas requirements.
Permits for any well reuse (if applicable) shall conform with Reuse Permit
procedures administered by the County Water Resources Development
Department.
Geotechnical /Geology Reviem
26. The subdivider shall also provide a report which discusses the contents of
the soils as to the presence or absence of any hazardous waste or other
contaminants in the soils.
27. The Developer shall demonstrate legal access to the parcels to the
satisfaction of the City Engineer.
Resolution No. PC -97 -332
TENTATIVE TRACT 5067 - Conditions of Approval
A -C Construction, Inc.
Page No. 6
28. Prior to Parcel 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 upon concurrence of the City Manager, the developer
would not have to pay the AOC fee.
29. Prior to Parcel map approval, the Developer shall pay the Gabbert
Road /Casey Road 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 upon concurrence of the City Manager, the developer
would not have to pay the AOC fee.
30. The subdivider shall obtain or verify the existence of a non - exclusive
reciprocal ingress /egress, drainage, and utility easements between itself
and the owners of all adjacent properties.
31. Prior to submittal of the Parcel Map to the City for review and prior to
approval, the Developer shall transmit by certified mail a copy of the
conditionally approved Tentative Parcel 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 of Moorpark.
32. The subdivider shall modify the lot configuration of parcel 2 such that
the sliver between the fifty foot wide road easement and the westerly line
of parcel 2 is eliminated. The revised lot configuration for parcel 2
shall be reviewed and approved by the Director of Community Development
prior to approval of the final parcel map by the City Council.
33. 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.
34. Prior to combustible construction, all weather access road /driveway
suitable for use by a 20 ton Fire District vehicle shall be installed.
Resolution No. PC -97 -332
p TENTATIVE TRACT 5067 - Conditions of Approval
A -C Construction, Inc.
Page No. 7
This improvement, or provisions to guarantee its installation, shall be
completed prior to recordation.
35. Approved turnaround areas or easements for fire apparatus shall be
provided where the access road is 150 feet or farther from the main
thoroughfare.
36. Approved turnaround areas or easements for fire apparatus shall be
provided at M mile intervals along the access road.
37. When only one (1) access point is provided, the maximum length of such
access shall not exceed 800 feet.
38. The private road(s) shall be named if serving more than two (2) parcels or
is longer than 299 feet. Prior to recordation of street names, proposed
names shall be submitted to the Fire District's Communications Center for
review.
39. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
40. 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.
41. 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.
42. 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 Miller, Norcross, Millhouse, Lowenberg
ABSENT: Commissioner Acosta
PASSED, APPROVED, AND ADOPTEDgHIS 10th �*Y OF MARCH, 1997.
Attest: Ernest o \J. Acosta, Chairman
Celia LaFleur, Secretary