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HomeMy WebLinkAboutRES CC 2013 3182 2013 0515 RESOLUTION NO. 2013-3182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 5906, A RESUBDIVISION OF TRACT NO. 5147 FOR 17 INDUSTRIAL LOTS ON 34.70 ACRES, LOCATED 1,300 FEET WEST OF GABBERT ROAD, NORTH OF THE UNION PACIFIC RAILROAD RIGHT-OF- WAY, ON THE APPLICATION OF A-B PROPERTIES WHEREAS, at a duly noticed public hearing on February 26, 2013 the Planning Commission considered Tentative Tract Map No. 5906, a resubdivision of Tract No. 5147, for 17 industrial lots on 34.70 acres, located 1300 feet west of Gabbert Road, north of the Union Pacific Railroad right-of-way, on the application of John Newton for A-B Properties; and WHEREAS, at a duly noticed public hearing held on May 15, 2013, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter, and WHEREAS, the Community Development Director has determined that 1) an Initial Study and Mitigated Negative Declaration had been prepared and certified for the original project; 2) No new information or impacts that require preparation of a new or subsequent study have been identified as a result of this proposed re-subdivision of the project; and 3) No further environmental documentation is required pursuant to the California Environmental Quality Act of 1970, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council has reviewed the Community Development Director's determination, and based on its own independent judgment, concurs that 1) an Initial Study and Mitigated Negative Declaration had been prepared and certified for the original project; 2) No new information or impacts that require preparation of a new or subsequent study have been identified as a result of this proposed re-subdivision of the project; and 3) No further environmental documentation is required pursuant to the California Environmental Quality Act of 1970, as amended. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: Resolution No. 2013-3182 Page 2 A. The proposed map is consistent with the City of Moorpark General Plan and Zoning Ordinance in that it is designed to accommodate uses permitted by the I- 2 (Medium Industrial) General Plan Designation and M-2 (Limited Industrial) Zoning Designation. B. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan in that the subdivision advances the Circulation Element by accommodating the future development of North Hills Parkway and advances the Land Use Element by providing additional land to accommodate a diversity of industrial uses which are located and designed in a compatible manner with surrounding land uses. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for industrial development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 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 these easements have been identified and incorporated in the design of this project. 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. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Tentative Tract Map No. 5906, subject to the Standard and Special Conditions of Approval included in Exhibit A (Standard and Special Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. 2013-3182 Page 3 SECTION 4. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of May, 2013. Ja ice S. Parvin, Mayor crVO��Aa K ATTEST: o . a Maureen Benson, City Clerk vp ti Exhibit A— Standard and Special Conditions of Approval Resolution No. 2013-3182 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5906 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit A), as determined necessary by the City Manager, except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. All requirements as specified in the Development Agreement adopted by Ordinance No. 416 shall apply to this Tentative Tract Map. 2. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 3. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway and median landscaping, street lighting and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 4. Developer shall provide City an irrevocable offer of dedication to dedicate right- of-way at no cost to City for the future North Hills Parkway (also known as future 118 bypass) along the entire length of the north side of the Property and along the entire length of the west side of the Property east of the Gabbert Channel. The right-of-way shall be a minimum of one hundred (100) feet in width on both sections and shall also include necessary on-site and off-site slope easements in addition to this width to accommodate a grade-separated crossing of the existing railroad tracks south of the Property, along with turn radii and entry/exit lanes as determined by the City at its sole and unfettered discretion. Developer further agrees to dedicate access rights from the Property to the City along the entire North Hills Parkway frontage, except for private streets as part of the Tract Map for this Project. Resolution No. 2013-3182 Page 5 5. Developer agrees that as part of any grading of the property the right-of-way for the future North Hills Parkway shall be graded per City direction. 6. Developer agrees to comply with all the provisions of the Hillside Management Ordinance (Chapter 17.38 of the Municipal Code) of the City. 7. Prior to City Council Approval of the Final Map, Developer agrees to acquire and construct, at its sole cost, dedicated public access to the properties, as approved by the City Council. Secondary access to comply with City and public safety requirements shall also be provided at Developer's sole cost. 8. Developer shall grant, in a form acceptable to City, a conservation easement to retain that portion of the Property west of and including the Gabbert Canyon drain in a predominantly open space condition consistent with Civil Code Section 815 et seq., except for the following purposes: temporary construction (including temporary pumping needed for dewatering as part of any approved grading operations for the Property), landscape maintenance of manufactured slope areas, vegetation clearance within two hundred (200) feet of any structure for fire hazard reduction, revegetation and biological habitat enhancement required by City consistent with any Mitigation Monitoring Program, drainage conveyance, emergency access and extension of North Hills Parkway. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The foregoing does not restrict the extraction of subsurface mineral resources by drilling from off the Property so long as the drilling apparatus and equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before proceeding with any drilling it shall secure a use permit from the City which may include conditions ordinarily placed upon drilling operations. Further, noise impacts from the drilling shall meet the same noise standards as placed on Industrial Planned Development Permits and there shall be no visible evidence or impacts on the ground surface of the Property: The conservation easement shall be recorded concurrently with the recordation of the first final subdivision map for the Property. 9. Prior to approval of a Final Map, Developer shall execute in favor of City and record in the Office of the County Recorder of the County of Ventura a Covenant running with the Land (Covenant) as set forth in Exhibit "B" of the Development Agreement adopted by Ordinance No. 416. Resolution No. 2013-3182 Page 6 10. Prior to City Council approval of the final map for Tract No. 5906 for the Property, Developer shall submit and gain approval from City Manager of an Implementation Plan. The Implementation Plan shall address the requirements for phasing and construction responsibilities of Developer and any successors including sureties for performance for all grading, construction of storm drains and utilities, private and public streets, and other private and public improvements on or offsite required by Tract 5906 and the Development Agreement adopted by Ordinance No. 416. The Implementation Plan shall also address entities responsible and method of timing of guarantee for each component of Developer's obligations pursuant to Tract 5906 and the Development Agreement adopted by Ordinance No. 416, and no portion of the responsibility for these improvements may be transferred to owners of any individual lots in Tract 5906. The approval of the Implementation Plan and any amendments thereto shall be at the City Manager's sole discretion. Prior to sale or transfer of ownership of any portion of Tract 5906, except individual lots, Developer shall seek City Manager approval of an amendment to the Implementation Plan to address the responsibilities of each entity. 11. Prior to City Council approval of the Final Map for the Project, a Community Facilities District or other funding mechanism to the satisfaction of the City Council, shall be established to provide funding for improvements to North Hills Parkway from the future eastern Property access road along the east-west section of North Hills Parkway to Gabbert Road and Gabbert Road from North Hills Parkway to a point one-hundred and twenty-five (125) feet north of the railroad right-of-way. A full or partial buyout in an amount and timing to the satisfaction of the City Council may substitute for the establishment of a district or other funding mechanism. 12. Prior to City Council approval of the Final Map, a complete landscape and wall plan for the project frontage along the North Hills Parkway, together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Moorpark Landscape Design Standards and Guidelines and Water Efficient Landscape Ordinance, and shall be submitted to the Community Development Director for review and approval. The plans shall be approved prior to approval of the Final Map, and appropriate surety posted as part of the subdivision improvement agreement. This wall and landscaping shall be installed with the improvements to North Hills Parkway required for this subdivision. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. 13. The final grading plans shall indicate the geotechnical consultant's removal and recompaction recommendations and shall be reviewed, approved, signed and wet- stamped by the project geotechnical engineer and project engineering geologist, as acknowledgement that their recommendations have been incorporated. Resolution No. 2013-3182 Page 7 14. Concurrent with submittal of the grading plan, an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer/Public Works Director. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 15. Requests for grading permits will be granted in accordance with the approved Tentative Map No.5906, as required by these conditions and City ordinance and policies. Additionally, the grading plan for the project shall identify the phase in which individual lots will be graded and developed. The phasing plan shall be subject to the review and approval of the Community Development Director and City Engineer/Public Works Director. 16. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). All review comments from the City's geotechnical consultant in letter dated October 19, 1999, on file at the City Engineer's office shall be addressed prior to the issuance of a grading permit. 17. Perimeter Wall: The developer shall construct a wall to be located not closer than ten (10) feet to the property lines of the lots adjacent to North Hills Parkway. Where adjacent to a slope, the wall shall be located at the top of the slope, but no closer than ten (10) feet to the property line adjacent to North Hills Parkway. The design and location of the wall shall be incorporated into the landscape plan and is subject to the review and approval of the Community Development Director and City Engineer/Public Works Director. The height of the wall on the arterial roadway side shall be determined by the Community Development Director and shall not exceed eight (8) feet. The wall shall be approved and constructed as part of the first phase of public street improvements. The applicant shall bond for the total cost of this improvement. 18. Tri Gem Avenue, Tri Gem Court, and Castlebrite Street shall be designed per Ventura County Standard Plate B -3D (REV. G). 19. The cul-de-sac at the western end of Castlebrite Street shall be designed per Ventura County Standard Plate C-3 with a modified 45-foot pavement radius (REV. D). 20. Goldbar Drive Street shall be designed per Ventura County Standard Plate B -3C (REV. G) and D -5. The following exceptions to the Standard Plate shall be Resolution No. 2013-3182 Page 8 incorporated in the design: (1) the sidewalk shall be 5 feet wide and placed adjacent to the curb. 21. The Developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right-of-way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 22. Excepting the temporary paved access road connecting Gabbert Road to the development site; the Developer shall include on the final map an irrevocable offer of dedication to the City across all private streets for public access. 23. Utilities, facilities and services for Tract 5906 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds and consistent with the Implementation Plan referenced in Special Condition No. 10. 24. Prior to the issuance of a Zoning Clearance for the first building permit for the project, a Landscape Maintenance Assessment District (herein "District") shall be formed in order to provide a funding source of costs for the maintenance of parkway and slope landscaping adjacent to North Hills Parkway. In order to effect the formation of the District, the Permittee shall: a. One hundred twenty (120) days prior to the planned issuance of a Zoning Clearance for the first building permit for the project, submit to the City: i. The final draft plans for the irrigation and landscaping for the parkway and slope landscaping, along with any required plan checking fees; and ii. A check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. b. Sixty (60) days prior to the planned issuance of a Zoning Clearance for the first building permit for the project, submit to the City the completed and City approved landscaping and irrigation plans for the parkway and slope landscaping; C. Thirty (30) days prior to the planned issuance of a Zoning Clearance for the first building permit for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; Resolution No. 2013-3182 Page 9 25. Prior to or concurrently with the recordation of the Final Map the Developer shall form a Property Owner Association (POA), or other acceptable maintenance mechanism, for the maintenance of the private landscaping areas and private streets. The form of the Association or maintenance mechanism shall be to the satisfaction of the City Attorney and the City Engineer. In addition, the Developer (and POA when it is legally a successor to Developer) shall submit an annual payment to the City for the purpose of management and maintenance of the parkway and slope landscaping adjacent to North Hills Parkway. The initial annual payment shall be $70,000. The initial annual payment shall not be required until prior to the issuance of a building permit for any portion of the Property that exceeds forty percent (40%) of the acreage of the total of all developable lots. Thereafter, the fee amount shall be adjusted annually on the anniversary of the first payment by any increase in the Consumer Price Index (CPI). The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles/Anaheim/Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the payment is due (e.g. if the fee payment due date occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the annual payment shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. If this alternative is utilized, it shall be included in the CC&R's of the Property Owners Association, with language subject to review and approval of the City Manager and City Attorney, prior to City Council approval of the Final Map. In the event a Landscape Maintenance District is formed and in place prior to the date of the initial payment that would otherwise be due, this provision of the Property Owners Association shall become null and void upon written approval of the City Manager. -END- Resolution No. 2013-3182 Page 10 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2013-3182 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of May, 2013, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmembers Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 5th day of June, 2013. Maureen Benson, City Clerk 0 o - i a O,ggrFQ d