HomeMy WebLinkAboutRES 2001 413 0827le-� , RESOLUTION NO. PC- 2001 -413
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA APPROVING
PARCEL MAP NO. 5316 FOR THE SUBDIVISION OF
APPROXIMATELY 325,178 SQUARE FOOT PARCEL OF
LAND ON ASSESSOR PARCEL NO. 506 -0- 050 -470
INTO TWO PARCELS 'OF 87,085 AND 238,093
SQUARE FEET LOCATED SOUTH OF LOS ANGELES
AVENUE, NORTH OF THE ARROYO SIMI AND EAST OF
PARK LANE ON THE APPLICATION OF USA
PROPERTIES FUND, INC.
WHEREAS, at a duly noticed Public Hearing on August 27,
2001, the Planning Commission considered Parcel Map No. 5316 on
the application of USA Properties Fund, Inc. for the subdivision
of approximately 325,178 square foot parcel of land into two
parcels of 87,085 and 238,093 square feet located south of Los
Angeles Avenue, north of the Arroyo Simi and east of Park Lane
(Assessor Parcel No. 506 -0- 050 -470; and
WHEREAS, at its meeting of August 27, 2001, the Planning
Commission opened the public hearing, received public testimony,
and closed the public hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff report,
the Exemption from California Environmental Quality Act (CEQA),
and public testimony, has reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission further finds that
pursuant to California State law, an evaluation has been conducted
to determine if the proposed project could significantly affect
the environment, and that based upon review, it was found that the
project is exempt from the requirements of the California
Environmental Quality Act (CEQA) as a Class 15 Exemption. A class
15 Exemption consists of the division of property in urbanized
areas zoned for residential, commercial, or industrial use into
four or fewer parcels when: The division is in conformance with
the General Plan and zoning; neither a variance or exception is
required; all services and access to the proposed parcel to local
standards are available; the parcel was not involved in a division
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Modified: 11/19/01
RESOLUTION NO. PC- 2001 -413
Parcel Map 5316
Page 2
of a larger parcel within the previous two years; and the slope
does not have an average slope greater than twenty (20) percent.
SECTION 2. That the Planning Commission adopts the
following additional findings:
Subdivision Map Act Findings:
Based on the information set forth above, it has been determined
that Parcel Map No. 5316, 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 General Plan.
2. That the design and improvements of the proposed
subdivision is consistent with the General Plan.
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.
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RESOLUTION NO. PC- 2001 -913
Parcel Map 5316
Page 3
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
SECTION 3. That the Planning Commission approves Parcel Map
No. 5316 subject to the Conditions of Approval in Exhibit A.
The action of the foregoing direction was approved by the
following roll call vote:
AYES: Commissioners DiCecco, Haller and Landis, Vice Chair
Otto and Chair Parvin
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 27th DAY OF AUGUST 2001.
an e Parvin, Chair
ATTEST:
�.�yc.eK�cJ. l,veY
Deborah S. TrafE6nstedt
Acting Community Development Director
Exhibit A:
Conditions of Approval for Parcel Map 5316
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RESOLUTION NO. PC- 2001 -413
Parcel Map 5316
Page 4
EXHIBIT A
A. GENERAL ADMINISTRATIVE/ POLICY
1. Application of City Ordinances /Policies: The
conditions of approval of this Tentative Parcel Map
and all provisions of the Subdivision Map Act, City of
Moorpark Municipal Ordinance and adopted City policies
supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be
shown on said map.
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
r on the Final Map in a format acceptable to the
Director of Community Development.
3. Expiration of Map: This Tentative Parcel Map shall
expire one (1) year 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 Tentative Parcel Map.
4. 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
l Government Code Section 66499.37. The City will
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RESOLUTION NO. PC- 2001 -413
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Page 5
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.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim,
action or proceeding if both of the following
occur:
i) The City -bears its own attorney fees and
costs;
ii) The City defends the claim, action or
proceeding in good faith.
b. The subdivider shall not be required to pay or
perform any settlement of such claim, action or
proceeding unless the subdivider approves the
settlement. 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.
5. Severability: If any of the conditions or limitations
of this approval are held to be invalid, that holding
shall not invalidate any of the remaining conditions
or limitations set forth.
6. Computer Aided Mapping System: 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."
7. Image Conversion of Plans: Prior to recordation, the
subdivider, shall provide to the City an image
conversion of building, landscape, public improvement
and site plans into an optical format acceptable to
the City Clerk.
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RESOLUTION NO. PC- 2001 -413
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8. Outstanding Case Processing Costs: Prior to
recordation, the applicant shall pay all outstanding
case processing (Planning and Engineering), and all
City legal service fees. The applicant, permittee, or
successors in interest shall also submit to the
Department of Community Development a fee to cover
costs incurred by the City for Condition Compliance
review of Tentative Parcel Map.
B. CITY ENGINEER CONDITIONS:
1. The Developer shall submit to the Department of
Community Development and the City Engineer for
review a current title report, which clearly
identifies all interested parties and lenders
included within the limits of the subdivision as
well as any easements that affect the subdivision.
T ' 2. Prior to approval of the Parcel Map, the proposed
alignment of the 11oundary between lots A and B
shall be completed to the satisfaction of Director
of Community Development and the City Engineer.
3. No improvements on lots A or B created by the
recordation of the Parcel Map will occur without
first processing a development permit through the
City of Moorpark.
4. The Developer 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 to Reuse Permit
procedures administered by the County Water
Resources Development Department.
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5. This project shall not create any non - conforming
lots in violation of the Map Act or local
ordinances.
6. The Developer shall dedicate street rights -of -ways
for Park Lane and Park Crest Lane to the City free
and clear of all liens and encumbrances. The widths
and alignments of the street right -of way will be
to the satisfaction of the City Engineer.
7. The Developer shall monument all street centerline
and lot corner locations to the satisfaction of the
City Engineer.
8. 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 limits of the subdivision as
well as any easements that affect the subdivision.
9. Calleguas Release. Prior to recordation, the
subdivider shall demonstrate by possession of a
District Release or waiver of fees 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.
10. Unconditional Availability Letter. Prior to
recordation, 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
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RESOLUTION NO. PC- 2001 -413
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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.
C. COUNTY OF VENTURA
'S DISTRICT CONDITION:
1. The applicant shall comply with the standard
procedures for obtaining domestic water and sewer
services for developer's projects within the
District and comply with the applicable provisions
of the District Rules and Regulations.
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� � RESOLUTION NO. PC- 2001 -412
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF THE REVISION TO THE HOUSING
ELEMENT OF THE CITY OF MOORPARK GENERAL PLAN
WHEREAS, duly noticed public hearings /workshops were
conducted on November 13 and 27, 2000, June 25 and August 27,
2001, regarding consideration of a revision to the Housing
Element of the City of Moorpark General Plan (General Plan
Amendment No. 2001 -02); and
WHEREAS, at each of the above - referenced meetings and
hearings of the Planning Commission, public testimony was
received from all those wishing to testify, and continued to be
received at the August 27, 2001, meeting at which time the
Planning Commission closed the pubic hearing; and
WHEREAS, after review and consideration of the information
contained in the staff reports of record, along with testimony
received on November 13 and 27, 2000, June 25 and August 27,
f- 2001, the Planning Commission closed said hearing on August 27,
2001, and made a recommendation to the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the Planning Commission hereby
determines that the revision to the Housing Element for 2000-
2005, dated July 2001, of the City of Moorpark General Plan does
not have the potential to create a significant effect upon the
environment and that a Negative Declaration in accordance with
the provisions of CEQA (California Environmental Quality Act)
may be issued, pursuant to Section 15074 of the California Code
of Regulations.
SECTION 2. That the Planning Commission hereby
recommends to the City Council the approval of the Revised
Housing Element for 2000 -2005, dated October 2001, of the
Moorpark General Plan (attached as Exhibit A and incorporated
herein by reference) based upon the following findings:
A. The Revised Housing Element establishes goals,
policies and objectives /programs that address the
provision of adequate, safe, and decent housing for
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Planning Commission Resolution
PC- 2001 -412
Recommending Adoption of Housing Element
f� Page 2
all economic segments of the community.
B. The Revised Housing Element satisfies and is
consistent with provisions for Housing Elements as
contained within Article 10.6 of the Government Code
regulating requirements for Housing Elements.
C. The Revised Housing Element is consistent with the
General Plan and all of its Elements.
THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE
FOLLOWING ROLL CALL VOTE:
Ayes: Commissioners DiCecco, Haller and Landis, Vice Chair Otto
and Chair Parvin
Noes:
Abstaining:
Absent:
PASSED, APPROVED AND ADOPTED THIS 27th, DAY OF August, 2001.
ice Parvin, Chair
ATTEST:
Deborah S. Traf�efstedt
Acting Community Development Director
Attachments:
Exhibit A: Housing Element for 2000 -2005, dated October
2001, of the Moorpark General Plan
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HOUSING.doc