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HomeMy WebLinkAboutRES 2002 432 1028RESOLUTION NO. PC- 2002 -432 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PARCEL MAP NO. 5371 FOR THE SUBDIVISION OF A 0.98 -ACRE PARCEL OF LAND, INTO THREE PARCELS LOCATED ON THE WEST SIDE OF PEACH HILL ROAD, SOUTH OF KNOTTY PINE STREET AND NORTH OF ANNETTE STREET, ON THE APPLICATION OF RJR ENGINEERING GROUP ASSESSOR PARCEL NO. 507 -0- 192 -150). WHEREAS, at a duly noticed Public Hearing on October 28, 2002, the Planning Commission considered Parcel Map No. 5371 on the application of RJR Engineering Group for the subdivision of an approximate 0.98 -acre parcel of land into three (3) parcels of approximately 12,379; 12,092; and 12,170 square feet, located on the west side of Peach Hill Road, south of Knotty Pine Street and north of Annette Street (Assessor Parcel No. 507 -0- 192 -150); and WHEREAS, at its meeting of October 28, 2002, the Planning Commission considered the staff report, dated October 21, 2002, 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 reports, and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission does hereby find that Parcel Map 5371 is consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: The Planning Commission hereby finds that this project has been reviewed in accordance with the California Environmental Quality Act (CEQA), and concurs with staff's determination that this project is categorically exempt from the provisions of CEQA as a Class 15 exemption, consistent with CEQA Guidelines, Section 15315. SECTION 3. PARCEL MAP FINDINGS: Based on the information set forth in the staff report, dated September 19, 2002, the Planning Commission finds that Tentative Parcel Map Resolution No. PC- 2002 -432 Page 2 No. 5371, with imposition of the special conditions and attached standard conditions, as follows: A. The proposed map is consistent with the General Plan, in that the General Plan designation of the site is Medium Density Residential which allows a maximum density of 4.0 dwelling units per acre. The Parcel Map would allow a density of 3.06 dwelling units per acre. Goal 5 of the Land Use Element is, "develop new residential housing which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility." Policy 5.2 of this goal states, "infill development in existing residential neighborhoods shall be compatible with the scale and character of the surrounding neighborhood." This Parcel Map proposal is consistent with the stated goal and policy. B. The design and improvements of the proposed subdivision is consistent with the General Plan, in that the regular - shaped parcels are all of a sufficient size, width and depth, and have appropriate access to the public right -of- way. The General Plan requires consistency with the Zoning Ordinance and the proposed subdivision is consistent with the development standards in Chapter 17 (Zoning) of the Moorpark Municipal Code. C. The site is physically suitable for the type of development proposed, in that it is a generally flat lot of sufficient size, width and depth to support a subdivision of this type. D. The site is physically suitable for the proposed density of development, in that the proposed lots are of a similar size and consistent with the development pattern of surrounding subdivisions. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the proposal is categorically- exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 15 exemption; consistent with CEQA Guidelines, Section 15315; and consideration has been given to the design and orientation of the lots in order to mitigate any potential effects that the development might have on neighboring properties. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 5371).doc Resolution No. PC- 2002 -432 Page 3 that drainage, sewage and other public improvements will be put in place. G. 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, in that the subdivision will be required to maintain existing public easements and assure that any dedications required for the public will be granted. H. 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., in that the project will comply with the provisions of the National Pollution Discharge Elimination System (NPDES). I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. SECTION 4. PLANNING COMMISSION APPROVAL: The Planning Commission approves Parcel Map 5371 subject to: A. Special conditions of approval indicated below: 1. Prior to the issuance of a building permit or grading permit for any development, the subdivider shall submit an application for review and approval of a Residential Planned Development (RPD) consistent with Chapter 17.36.030 of the Moorpark Municipal Code. Action on the RPD shall be performed by the Planning Commission. 2. Prior to the relocation or removal of any mature trees, the subdivider shall meet the requirements of Chapter 12.12 of the Moorpark Municipal Code. 3. The subdivider shall dedicate street right -of -ways for Peach Hill Road to the City, free and clear of all liens and encumbrances. The width and alignment of the street right -of way will be to the satisfaction of the City Engineer. 4. Prior to recordation of the Parcel Map, the subdivider shall provide to the City Engineer binding provisions, recorded with the Ventura County Recorders Office, that Parcels "A ", "B ", and "C" will maintain flows of storm and surface waters in type, kind and quantity that have historically existed on the site of the Tentative Parcel S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 5371).doc Resolution No. PC- 2002 -432 Page 4 Map. Alternatively, the subdivider may provide for the collection and transmission of the storm and surface waters to flow Northerly along the Westerly boundaries and within Parcels "A ", "B ", and "C" through Lot 3 of Tract 3403, in a storm water conveyance or easement into the existing storm drain in Knotty Pine Street in accordance with the Ventura County Flood Control District standards. 5. Any public easements that are no longer necessary shall be quitclaimed with the concurrence of the proper agencies, prior to map recordation. B. Attached Standard Conditions (Exhibit A). SECTION 5. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioners DiCecco, Haller and Parvin and Vice Chair Landis NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 28t' DAY OF OCTOBER, 2002. jAhTES, T: Ho a ity e elopment Director Exhibit A: Standard Conditions of Approval S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 5371).doc Resolution No. PC- 2002 -432 Page 5 EXHIBIT A TENTATIVE PARCEL MAP 5371 STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE CObfiff7NITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. Tentative Parcel Map 5371 is approved as shown on the Map marked Attachment 2 on file in the Community Development Department, or as amended by these Conditions of Approval. 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. 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 Community Development Director. 3. This Tentative Parcel Map shall expire one (1) year from the date of its approval on October 28, 2003, at 5:00 p.m. At least 30 -days prior to the expiration of the Map, the subdivider may apply to the Community Development Department for a one (1) year time extension. The Community Development Director may, at his /her 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 the subdivider can document that work has diligently been pursued toward map recordation during the initial period of time. 4. 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 S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 5371).doc Resolution No. PC- 2002 -432 Page 6 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. C. 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. 5. 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. The Parcel 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. 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. 8. Prior to recordation, the subdivider shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The subdivider, applicant, permittee, or successors in interest shall also submit to the Community Development Department, a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Parcel Map. S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 53-71).doc Resolution No. PC- 2002 -432 Page 7 PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITIONS 9. Prior to recordation of the Parcel Map the subdivider shall submit to the Community Development Department 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. 10. Prior to installation of any required improvements the subdivider shall obtain Development permit approval. 11. Prior to recordation of the Parcel Map, 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 shall 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. 12. The subdivider shall monument all street centerline and lot corner locations to the satisfaction of the City Engineer. 13. 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. 14. 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 Community Development Department 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. S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 5371).doc Resolution No. PC- 2002 -432 Page 8 PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 15. The subdivider 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. S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 432 reso RJR Engineering Group (TPM 5371).doc