HomeMy WebLinkAboutRES PC 2004 0465 1116RESOLUTION NO. PC- 2004 -465
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 5494 ON A 38.6 -ACRE PARCEL,
LOCATED ON THE EAST SIDE OF SPRING ROAD, SOUTH OF
NEW LOS ANGELES AVENUE ON THE APPLICATION OF
PERLITER & INGALSBE (FOR CALLEGUAS MUNICIPAL
WATER DISTRICT)(SERENATA HOMEOWNERS ASSOCIATION
OPEN SPACE LOT)
WHEREAS, at a duly noticed public hearing on November 16,
2004, the Planning Commission considered Tentative Parcel Map
No. 5494 on the application of Perliter & Ingalsbe (for
Calleguas Municipal Water District) to subdivide one 38.6 -acre
lot into two lots to create a 1.4 -acre lot for a water pump
station and a 37.2 -acre lot to continue to be used for open
space, located on the east side of Spring Road, south Of New Los
Angeles Avenue; and
WHEREAS, at its meeting of November 16, 2004, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15315
(Minor Land Divisions - Class 15) of the California Code of
Regulations (CEQA Guidelines).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the agenda report and accompanying maps
and studies, the Planning Commission has determined that the
Tentative Parcel Map, with imposition of the attached Conditions
of Approval, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in
that:
A. The proposed map is consistent with the city's General
Plan, in that the resulting lot sizes will be in keeping
with the minimum sizes established by the Land Use Element
Resolution No. PC- 2004 -465
Page 2
of the General Plan. The General Plan and Zoning Code
envision public facilities and utilities in most zones and
Specific Plans.
B. The design and improvements of the proposed subdivision are
consistent with the applicable General Plan, in that the
character of the neighborhood as envisioned in the General
Plan will be preserved.
C. The site is physically suitable for the type of development
proposed, in that the site has been prepared for
development of public facilities, will require minimal
grading, and has adequate access and utility service.
D. The site is physically suitable for the proposed
development, in that the size of the pad area on the
subject property is such that the creation of one (1)
additional lot as proposed in this request can be
accommodated without major alteration of existing terrain.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that the site already exists in a disturbed state, and
the creation of one (1) additional lot as proposed in this
request can be accommodated without major alteration of
existing terrain.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that public sanitation services are available to the
subject property, and will be required to meet the current
City standards.
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 no easements exist which
will be adversely affected by the subdivision of land on
the subject property.
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 no
community sewer system exists or is proposed on the
property.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir, in that the subject property is situated in a
Resolution No. PC- 2004 -465
Page 3
hillside area away from natural drainage courses or other
bodies of water.
SECTION 2. PLANNING COMMISSION ACTION: The Planning
Commission hereby approves Tentative Parcel Map No. 5494 subject
to the Conditions of Approval included in Exhibit A, attached
hereto and incorporated herein by reference.
SECTION 3. 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 vote:
AYES: Commissioners DiCecco, Landis and Peskay and
Chair Pozza
NOES:
ABSTAIN: Vice Chair Lauletta
ABSENT:
PASSED, AND ADOPTED this 16th day of November, 2004.
co t Pozza,'Chair
ATTEST:
ar 4 y Hoga
un y De e pment Director
Exhibit A - Conditions of Approval
Resolution No. PC- 2004 -465
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL
FOR PARCEL MAP No. 5494
1. This approval is for a Tentative Parcel Map only. Any further
development of the property will require City review to determine City
permits that will be required.
2. All conditions, restrictions, requirements, and easements associated
with Specific Plan No. 1992 -01, Ordinance No. 195, Tract Nos. 4973,
4980, and Residential Planned Development Permit No. 1998 -06 will
continue to apply to both newly created parcels, except as modified by
the conditions herein.
3. Within thirty (30) calendar days of approval of this subdivision, the
applicant shall sign and return to the Planning Division an Affidavit
of Agreement and Notice of Entitlement Permit Conditions of Approval,
indicating that the applicant has read and agrees to meet all
Conditions of Approval of this subdivision. The Affidavit of
Agreement /Notice shall include a legal description of the subject
property, and have the appropriate notary acknowledgement suitable for
recordation. The Final Map shall include the final Conditions of
Approval and a reference to the adopted City Council resolution in a
format acceptable to the Community Development Director.
4. Approval of this subdivision shall expire three (3) years from the date
of its approval unless a Final Map or Parcel Map is recorded or the
approval time is extended. The Community Development Director may, at
his /her discretion, grant up to two (2) additional 1 -year extensions
for Map recordation, if there have been no changes in the adjacent
areas and if the applicant can document that he /she has diligently
worked towards Map recordation during the initial period of time. The
request for extension of this Map shall be made in writing, at least
thirty -days prior to the expiration date of the permit and shall be
accompanied by a similar request for time extension of the Planned
Development Permit and applicable entitlement processing deposits.
5. The Conditions of Approval of this subdivision and all provisions of
the Subdivision Map Act, City of Moorpark Municipal Code and adopted
City policies at the time of the subdivision approval supersede all
conflicting notations, specifications, dimensions, typical sections and
the like which may be shown on said Map.
6. Conditions of this entitlement shall not be interpreted as permitting
or requiring any violation of law or any unlawful rules or regulations
or orders of an authorized governmental agency.
7. The applicant 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
Resolution No. PC- 2004 -465
Page 5
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:
1. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good
faith.
b. The applicant shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the applicant. The applicant's
obligations under this condition shall apply regardless of
whether a Final Map is ultimately recorded with respect to the
subdivision.
8. 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.
9. Prior to or concurrently with the approval of the Parcel Map, the
applicant shall submit to the City Engineer the City's electronic image
conversion fee for the Parcel Map.
Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
10. The Final Map shall be prepared in accordance with, "Guide for the
Preparation of Tract maps, Parcel Maps and Records of Survey /Corner
Records" as published by the Public Works Agency of the County of
Ventura. The various jurats /notary acknowledgements and certificates
shall be modified as appropriate to reflect the jurisdiction of the
City and the location of the subdivision within the City. The final
map shall provide that each lot corner shall be monumented and that
each street centerline intersection, tangent point and terminus shall
be monumented with Ventura County Road Standard survey monument plate
E -4. Street monuments shall be intervisible. The E -4 monument disk
stamping shall read, "City of Moorpark" and shall be center punched to
show the corner and stamped with the registration or license number of
the professional responsible for its location.
11. Concurrently with the submittal of the Final Map the applicant shall
submit a current preliminary title report to the City Engineer, which
clearly identifies all interested parties, lien holders, lenders and
all other parties having any record title interest in the real property
being subdivided. The preliminary title report shall identify the
holders of any easements that affect the subdivision and shall contain
the vesting deeds of ownership and easements. Thirty (30) days prior to
the submittal of the Final Map Mylar® sheets, the applicant shall
provide the City Engineer a subdivision guarantee policy of the
property within the Final Map and preliminary title report for each
area of easement proposed to be obtained for grading or construction of
improvements.
Resolution No. PC- 2004 -465
Page 6
12. Prior to, or concurrently with, the submittal of the Final Map the
applicant shall provide written evidence to the City Engineer that a
copy of the conditionally approved Tentative Map, together with a copy
of Section 66436 of the State Subdivision Map Act, has been transmitted
to each public entity or public utility that is an easement holder of
record. The applicant shall obtain subordination of senior rights of
easement from any such public utility in favor of the City.
13. Prior to Final Map approval and upon submittal of the Final Map Mylar®
sheets, the applicant shall provide the City Engineer electronic files
of the Final Map, complete in every fashion except for signatures, in a
format satisfactory to the City Engineer.
14. Upon recordation of the Final Map(s) the applicant shall forward a
photographic process copy on 3 -mil polyester film of the recorded
Map(s) to the City Engineer.
15. All lot -to -lot drainage easements or secondary drainage easements shall
be delineated on the Final Map. Assurance in the form of an agreement
shall be provided to the City that these easements shall be adequately
maintained by property owners to safely convey stormwater flows. Said
agreement shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment
District in conformance with the National Pollution Discharge
Elimination System (NPDES) and shall be a durable agreement that is
binding upon each future property owner of each lot.
Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
16. At least fourteen (14) days prior to recordation of any Maps, including
Parcel Map Waivers, the applicant shall submit two (2) copies of the
Map to the Fire Prevention Division for review and approval.
17. Within seven (7) days of the recordation of the Final Map(s), an
electronic version of the Map shall be provided to the Fire District.
18. Prior to Final Map, the applicant shall provide to the Fire District,
written verification from the water purveyor that the water purveyor
can provide the required fire flow, as determined by the Fire District.
Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for
compliance with the following conditions:
19. No direct storm drain connections to Ventura County Flood Control
District facilities will be allowed without appropriate Best Management
Practices (BMP's) for compliance with Ventura Countywide Stormwater
Program.
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