Loading...
HomeMy WebLinkAboutRES 2000 388 0410RESOLUTION NO. PC- 2000 -388 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 5242 ON THE APPLICATION OF MOORPARK PARTNERS, LLC. FOR A SUBDIVISION OF A 1.56 ACRE SITE INTO TWO LOTS OF 1.09 ACRES (PARCEL A) AND .47 ACRES (PARCEL B) LOCATED ON THE NORTH SIDE OF MOUNTAIN TRAIL STREET AT THE INTERSECTION OF CEDAR SPRINGS AND MOUNTAIN TRAIL STREETS IN THE MOUNTAIN MEADOWS SHOPPING CENTER (ASSESSOR PARCEL NO. 505 -0- 300 -090) WHEREAS, at a duly noticed public hearing on April 10, 2000, the Planning Commission held a public hearing for consideration of approval of Tentative Parcel Map No. 5242 on the application of Moorpark Partners, LLC for a subdivision of a 1.56 acre site into two lots of 1.09 acres (Parcel A) and .47 acre (Parcel B) located on the north side of Mountain Trail Street at the intersection of Cedar Springs and Mountain Trail Streets in the Mountain Meadows Shopping Center (Assessor Parcel No. 505- 0 -300- 09); and WHEREAS, at a duly noticed public hearing on April 10,. 2000, 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, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 2. Based on the information and findings presented in the staff report and accompanying documents and public testimony, the Planning Commission finds that the proposal is exempt from CEQA pursuant to Section 15305 of the California Environmental Quality Act (Minor Alterations in Land Use Limitation). SECTION 3. following findings: That the Planning Commission adopts the 11MOR_ PRI_SERVV=e_blderslCLaBeuAMlaa- Moorpark PaMers* reso 2000-388 PM 5242 Moorpark Partners LLC reso.doe Resolution No. Parcel Map No. April 10, 2000 Page 2 PC- 2000 -388 5242 (Moorpark Partners, LLC.) Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable SECTION 4. Parcel Map No Approval. That the Planning Commission approves Tentative 5242 subject to the attached Conditions of The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner's Haller, Parvin, Landis, Otto, and DiCecco �- NOES: None. 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 site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. 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 seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 4. Parcel Map No Approval. That the Planning Commission approves Tentative 5242 subject to the attached Conditions of The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner's Haller, Parvin, Landis, Otto, and DiCecco �- NOES: None. Resolution No. PC- 2000 -388 Parcel Map No. 5242 (Moorpark Partners, LLC.) April 10, 2000 Page 3 PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF APRIL, 2000. ATTEST: Celia LaFleur, SOecretary to the Planning Commission ATTACHMENT: EXHIBIT A 11�04' 1 Mar Di o, Chairman Resolution Conditions Parcel Map Page 1 NO. PC- 2000 -388 of Approval No. 5242 (Moorpark Partners, LLC) CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5242 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: GENERAL REQUIREMENTS CDD -1. Application of City Ordinances /Policies The conditions of approval of this Vesting Tentative Tract 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. CDD -2. Acceptance of Conditions 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. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. CDD -3. Expiration of Map This Vesting Tentative Tract Map shall expire three 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 map. CDD -4. Image Conversion Prior to recordation, the builder shall provide to the City an image conversion of plans (as determined buy the Department of Community Development) into an optical format acceptable to the City Clerk. CDD - Community DevelWnent Department FDC - Fire Department Conditions CED - City Engineering Department WWD - Waterworks Department iNOR_PRI SERviam joklaslCLelkurlMlea- Moapark Pertners*-M313 Paul U0 No. 5242 cordit&doc r- Resolution No. PC- 2000 -388 Conditions of Approval Parcel Map No. 5242 (Moorpark Partners, LLC) Page 2 CDD -5. Hold Harmless 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. CDD -6. Title Report 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 COD - Community Development Department CED - GUy Engineering Department FDC - Fire Department Condfions WWD - Waterworks Department IU10R_PRI SERIMome_fddwtaafkurVkIsa- Moorpark Parinerslp W313 Parcel Map No 5242 condbans.doc Resolution No Conditions of Parcel Map No Page 3 PC- 2000 -388 Approval 5242 (Moorpark Partners, LLC) limits of the subdivision as well as any easements that affect the subdivision. CDD -7. Calleguas Release 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. CDD -8. Unconditional Availability Letter 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. CDD -9. Cross Connection Control Devices 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. CDD - Community Development Department FDC - Fire Department Conditions CED - City Engine&* Department WWD - Waterworks Department IIMOR_PRISERVftM- OMICLellaur MW&Moorpark Parkanslp-M3l3ParcelMap NO.5242condNws.doc Resolution No. PC- 2000 -388 Conditions of Approval Parcel Map No. 5242 (Moorpark Partners, LLC) Page 4 CDD -10. Surety for Utilities Prior to approval of a final map, the subdivider shall post sufficient surety (or verify that utilities have been placed underground) to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. CDD -11. Computer Aided MaDDina Svstem The Map shall be submitted 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" CDD -12. Case Processing Costs Prior to recordation of the Parcel Map, the applicant ( shall pay all outstanding case processing (Planning and Engineering) , and all City legal service fees. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits, CITY ENGINEERING DEPARTMENT CONDITIONS: PRIOR TO FINAL PARCEL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -1. Prior to Final Parcel Map approval the Applicant shall pay the Tierra Rejada Road /Moorpark Road Area of Contribution (AOC) Fees. The AOC fees shall be the dollar amount in effect at the time of payment. If previous payment of these contributions can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Applicant would not have to pay the AOC fees. COD - Community DeVebpment Department FDC- Fire Department Conditions CED - City Engineering Department WWD • Waterworks Department W0R_PR1_SERVlno=_PoklWWiafleunMle9- Moo"* PatnerSW- 000313 Parcel Mqi No. 5242 conftm doc N Resolution No. PC- 2000 -388 Conditions of Approval Parcel Map No. 5242 (Moorpark Partners, LLC) Page 5 CED -2. Consistent with the requirements of Condition No. 30 of Tract 5081, the Applicant shall be responsible for the design and installation of a second left turn lane for westbound Los Angeles Avenue traffic turning onto southbound Tierra Rejada Road. The engineering plans required for this additional left turn lane shall be approved by the City and Caltrans prior to the final approval of the Final Parcel Map No. 5242. Additionally, there shall be adequate surety in place to guarantee the construction of all necessary improvements to implement the second left turn lane prior to the final approval of Final Parcel Map No. 5242. CED -3. The Applicant 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. CED -4. 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, if successful, to fund public street and traffic improvements directly or indirectly affected by the development. CED -5. In accordance with Business and Professions Code 8771 the Applicant shall certify that all recorded monuments in the construction area have been located and tied out. CDD - Communo Development Department CED - City Engineering Department FDC - Fire Department Conditions WWD - Waterworks Department 1M0R-PR1 SERVI6orne _tobmsnSftarWW8- MWMN*P&fims* --313 Pmcel Map Mo. 5242 condNm doc Resolution No. PC- 2000 -388 Conditions of Approval Parcel Map No. 5242 (Moorpark Partners, LLC) Page 6 CED -6. The Applicant shall demonstrate legal access to all lots to the satisfaction of the City Engineer. CED -7. The Applicant shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at the following intersections: New Los Angeles Avenue /Tierra Rejada Road($100,000) New Los Angeles Avenue /Moorpark Avenue ($165,000) New Los Angeles Avenue /Spring Road ($150,000) Poindexter Avenue /Moorpark Avenue ($120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The Applicant's traffic engineer shall provide the City Engineer an estimate of the projected numbers for calculation of the pro -rata share. CED -8. The Applicant shall offer to dedicate to the City of Moorpark public service easements as required by the City. Where gated access is provided, the Applicant shall provide a means for immediate access of fire and police emergency vehicles. A. The Applicant shall make an irrevocable dedication on the Final Parcel Map of easements to the City of Moorpark for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. COD - Community Dewebpmant Department CED - City Engineering Department FDC - Fire Department Conditions WWD - Waterworks Department IIMOR-PRI SERMWnelaUMIGLalteur% Ilea- Mmperk Parbl=pc -000313 Parcel Map to. 5242 mgdN=.doc Resolution No. PC- 2000 -388 Conditions of Approval Parcel Map No. 5242 (Moorpark Partners, LLC) Page 7 CED -9. Prior to submittal of the Final Map to the City for review and prior to approval, 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 of Moorpark. PRIOR TO RELEASE OF SURETY BONDS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -10. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. CED -11. The Applicant shall pay all County Fees related to the Computer Aided Mapping System (CAMS) and shall provide the City Engineer's office with receipts or other documentation as proof of payment. CED -12. 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 and, if successful, to fund assessment levies for the purpose of maintenance of street lighting, parkway and median landscaping, parks and other public facilities. CED -13. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after final map approval shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. COD - Community Devabpment Department CED - City Engineering Department FDC- Fire Department Conditions WWD - Waterworks Department IIMOR_PRI SERIMoM-kAd&rs1CLeaeuAUwa- Moorpark PMrrorslpc -=313 Parcel Map No. 5242 condibms.doc Resolution No. PC- 2000 -388 Conditions of Approval Parcel Map No. 5242 (Moorpark Partners, LLC) Page 8 FIRE DEPARTMENT CONDITIONS: FDC -1. The applicant shall complete form No. VCFD 126B, Fire Department Requirements for Construction prior to obtaining a building permit. The project may require additional fire hydrants. CDD - Community Development Department CED - City Engineenng Department FDC - Fire Department Conditions WWD - Waterworks Departmerd INOR PRL SERVVwok _fobwslCLa*UAWO- MomparkPwbvm c-=313ParcelMap No. 5242=xWws.doc