HomeMy WebLinkAboutAGENDA REPORT 1991 0807 CC REG ITEM 09CMOORPARK
799 Moorpark Avenue Mop rpark.. California 93021
To: The Honorable City Council
From: Patrick J. Richards, Director of Community Development
Date: July 31, 1991 (CC meeting 8/7/91
Subject: Appeal No. 91 -1 (LDM 90.7 Bridgeman)
ITEM (3. e .
(805) 529 -6864
'- :OORPARK, CALIFORNIA
Cry COLA)dl Meeting
of _�_ 199/
ACTION:
�y
On September 14, 1990 Gerald Bridgeman applied for LDM 90 -7, a request to subdivide a
1.59 acre parcel at 78 Wicks Road into four parse T'le Assessors Parcel Number is 512 -0-
051- 09/10.
On May 6, 1991 the Planning Commission approves; Resolution No. PC 91 -238 approving LDM
90 -7 with conditions of approval. LDM 90 -7 was -appealed by the Council on May 20, 1991.
At The Council meeting on June 19, 1991 th -? :ourrcil passed a motion to approve the
development with revised conditions.
After the June 19, 1991 Council meeting the City re(,eived comments from a number of affected
property owners on Wicks Road indicating their concern about the 'no left turn ' requirement of
the Parcel Map. On July 18, 1991 the City receives: a letter from Mims IX Bowen, the property
owner at the northeast corner of the intersection indicating a willingness to co- operate with the
City and provide land for street improvements if r e+ 'scary
At the direction of the City Council Staff notifiee rio >e property owners affected by the possible
'No Left Turn' requirement of LDM 90 -7. The meet rig cf Aurlust 7, 1991 was indicated as the
meeting date the Council would consider this mattf r
Recommendation
Approve Resolution No. 91 approving LDt ") E: rrno: -Ified by the Council on June 19,
1991.
attachments: Resolution of Approval and amended c ;ndit ont;
PAUE W LAWRASON JR BERNARUO M PER[ SCOTT M(i:.1 W W)Y E TALU Y JR JOHN E WOZNIAK
Mayor Mayor Pro tern ; o❑nC,, 1, , ", Coi,ncdmembe�
� Councilmember
RESOLUTION t)O 91-
A RESOLUTION OF THE CITY COUNCIL OF IHE CITY OF MOORPARK, CALIFORNIA,
APPROVING THE APPLICATION OF GERALD BRIDGEMAN, FOR A PARCEL MAP (LDM
90 -7). ASSESSOR PARCEL NO. 512 -0 ')50- 09110
WHEREAS, at a duly noticed public hearing on June 19, 1991, the City Council
considered their appeal regarding the application tiled by Gerald Bridgeman who is requesting
approval of a four (4) lot subdivision of a parcel containing 1.59 acres in size into parcels of
10,190, 10,145, 14,350 and 34,690 square feet, ocated at 78 Wicks Road, Assessors Parcel
No. 512 -0- 050 -09 and -10; and
WHEREAS, the City Council after review and consideration of the information
contained in the Staff Report dated May 6, 1991 acrd the Negative Declaration has identified that
this project would not have a significant effect on tree environment; the City Council has reached
its decision in thq matter-, and
WHEREAS, at its meeting of June 19, 1991, the City Council opened the public
hearing, took public testimony from all those wishing to testify, closed the public hearing, and
directed staff to prepare a resolution regarding the City Council's decision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CIT} OF MOORPARK, CALIFORNIA, DOES RESOLVE
AS FOLLOWS:
Section 1. Pursuant to the provisions of the California Environmental Quality Act
(Division 13 of the Public resources Code of the Siate of California), the City Council of the City
of Moorpark approves the Negative Declaration
LDM 90 -7: Section 2. That the City Council h(, eby adopts the following findings regarding
a. The proposed map is consistent with the City's general plan;
b. The design and improvem4 nts of the proposed subdivision are consistent
with the general plan;
c. The site is physically suit�iole for the type of development proposed;
d. The site is physically suitaK)le for the proposed density of development;
e. The design of the subdiv sion and the improvements are not likely to
cause environmental dan-aa( ,, o sub-1antially injure fish or wildlife or
their habitats;
Page 2.
Resolution No. 91-
f. The design of the suboivision and the type or improvements are not
likely to cause serious public health problems;
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 pro,aerty within the proposed subdivision;
Section 3. That the City Coun( l nereby approves of LDM 90 -7 subject to
compliance with all of the conditions attached he, =to as Exhibit A.
Section 4. That at its meeting of June 19, 1991 the City Council took action to
direct staff to prepare a Resolution with attacheo staff recommended conditions, said Resolution
to be presented for Consent Calendar action at tt e regular meeting of July 17, 1991. The action
with the foregoing direction was approved by °h, followinc: roll call vote:
AYES:
passed, approved, and adopted, tl : 7th day ,)f August, 1991
-- - -- - - - - --------------- - - - --
Mayor of th,, City of Moorpark, California
ATTEST:
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City Clerk
EXHIBIT A
DEPARTMENT OF COMMUNITY DEVELOPMENT QQNDITIONS
QENERAL REQUIREMENTS
1 . The conditions of approval of this Te native Parcel Map supercede all conflicting
notations, specifications, dimensions, typical sections and the like which may be shown
on said map-, and that all provisions the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies appl\
2. Recordation of this subdivision shall be cr �emecl to oe acceptance by the property owner
of the conditions of this map.
3. All applicable requirements or' any law c agency of the State, City of Moorpark or any
other governmental entity shall be met, d'id all such requirements and enactments shall,
by reference, become conditions of this ititlemew
4. The developer's recordation of this ma; and /or ommencement of construction as a
result of this map shall be deemed t,, of icceptanc e of all conditions of this map by the
applicant.
5. That no condition of this entitlement sha i be interpreted as permitting or requiring any
violation of law, or any lawful rules or egulations or orders of an authorized
governmental agency. In instances whe 3 more th in one set of rules apply, the stricter
ones shall take precedence.
6. That if any of the condition or limitation of this subdivision are held to be invalid, that
holding shall not invalidate the remainrn, conditions or limitations set forth.
7. The development shalk be subject to applicac�le regulations of the Single Family
Residential (R -1) zone.
8. No Zone Clearance shall be issued for coy struction until the final map has been recorded.
Prior to the issuance of any permit, a ?oning Clearance shall be obtained from the
Department of Community Development a -id a Building Permit shall be obtained from the
Department of "Building and Safety after . e granting of a Zoning Clearance.
9. The Tentative Parcel Map shall expire thr,;e years from the date of its approval. Failure
to record a final map with the Venturi County Recorder prior to expiration of the
Tentative Map shall terminate all proce-dings, acid any subdivision of the land shall
require the filing and processing of a n(-A ` entahve Map.
10. That the subdivider shall defend, indernii fy and ho +d harmless the City and it's agents,
officers and employees from any claim action or proceeding against the City or its
agents, officers or employees to attack, sr I aside, void, or annul any approval by the City
or any of its agencies, departmenrs, ommissi,:;ns, agents, officers or employees
concerning the ,ubdivison, which cl�iin ,�;t�o i r 1 roceeding 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 detEmse of any such claim, action or proceeding if
both of the following occur:
The City bears its own attorney tee and costs.
The City defends the claim, action ;r proceeding In good faith.
The subdivider shall not be requ red to pay or perform any settlement of such
claim, action or proceeding unles the settlement is approved by the subdivider.
The subdivider's obligations under this condition shall apply regardless of
whether a final map or parcel n -ap i�; ultimately recorded with respect to the
subdivision.
11 . The Initial Study prepared by the City h<is determined that this project will have a "De
Minimis" impact upon the environment. conformance with the procedures set forth in
Assembly Bill 3158 the applicant is recuired to deposit with the City within two (2)
days after approval of the project a $25.(,0 filing fee made out to the County of Ventura
for the State required Certificate of Fee F emption
PRIOR TO GRADING PERMIT APPROVAL, THE FOL. :)WING C" )NDITIONS SHALL BE SATISFIED:
12. Prior to obtaining a grading permit, thf
Director of Community Development `c
intent expressed in the architect's conce�
13. The applicant shall submit a plan for rev
Development which identifies how
requirement will be met.
developer shall submit grading plans to the
approval to ensure that they meet with the
jal plans and /or tentative map.
w and approval of the Director of Community
molianc with the utility undergrounding
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWlN( i CONDITI ()NS SHALL BE SATISFIED:
14. An Unconditional Availability Letter sha be obtained from the County Waterworks
District No. 1 for sewer and water servi� e 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 cann:)t be obtained from the County Waterworks
District No. 1, the developer shall execu e a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement hall permit deferral of unconditional guarantee
for sewer and water service until issuca ice of a building permit for each lot in the
subdivision. Said agreement shall inciud <;, language holding the City harmless against
damages in the event of the ultimate lack r adequate sewer service
15. All proposed utilities shall be undergroun� ed t:) the nearest off -site utility pole. All new
utility service must be underground pir �)� -, ( cord ition of this map.
1 6. As of the date of recordation of the final Parcel Map, the parcels depicted thereon shall
meet the requirement of the Zoning Ordinance and General Plan then applicable to the
property when the land division was deemed complete. This requirement applies to the
subdivision only. Any request for development or construction must meet with the
development standards applicable at the ime the application for development is made.
17. Building standards for residential structUres as provided under Chapter 2 -53 of Part 2
and Chapter 4 -10 of Part 4, Title 24 + f the California Administrative Code, shall be
imposed on any future residential units ,onstructed in this subdivision.
18. The subdivider shall obtain a "District - release" from the Waterwork's District No. 1.
Applicant shall be required to comply with Ventura County Waterwork's Rules and
Regulations, including payment of all apl iicable [&,.s.
19. At the time water service connection is acie, cross connection control devices shall be
installed on the water system in a rna n, it approvi�d by the County Waterworks District
No. 1.
20. The applicant shall pay Quimby (par and re reation) Fees consistent with City
Ordinance No. 6.
21 . The applicant shall pay all outstanding processing fees including but not limited to,
Planning, City Engineering and any City, ttorr ey fry )s.
CITY ENGINEER CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWIN CONDITIONS SHALL BE SATISFIED;
22. The applicant shall submit to the City to review and approval, a grading plan prepared
by a registered civil engineer; shall obt.iin a grading permit, and shall post sufficient
surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1
(horizontal /vertical). Contour grading of all slopes shall be provided to the satisfaction
of the Director of Community Developme! and City Engineer.
23. An erosion control plan shall be submitte : for review and approval if grading is to occur
between October 15th and April 15th Along with the erosion control measures,
hydroseeding of all graded slopes shal b( equ1red within 60 days of completion of
grading.
24. All haul routes shall be approved by /h• Citr E.nqineer. On -site haul routes shall be
limited to graded areas only.
25. The applicant shall submit to the City -)r review and approval, a detailed soils and
geotechnical report prepared by both c civil engineer and a geotechnical engineer
registered with the State of Californi.. The report shall include a geotechnical
investigation with regard to liquefaction expansive soils, and seismic safety. The
grading plan shall incorporate the recornr, ,ndation , of the approved soils report.
26. Review of the soils and geotechnical report by the City's geotechnical consultant may be
required by the City Engineer. If so, thr applicant shall reimburse the City for all costs
including the city's administrative costs
27. The applicant shall submit to the City for review and approval, street improvement
plans prepared by a registered civil engineer; shall enter into an agreement with the
City to complete the improvements, ant shall post sufficient surety guaranteeing the
construction of the improvements. An„ necessary right -of -way required to complete
the improvements will be acquired by thr applicant at their expense.
28. The improvements shall include cone ete curb and gutter, sidewalk, street lights,
striping and signing, paving, and an°v, 11e essary transitions to the satisfaction of the City
Engineer.
29. The applicable Ventura County Road Star darn Plates are as follows: Wicks Road shall be
per Plate B -5A (Revision F), modified tc: provide 60 feet of right of way.
30. The applicant shall submit to the cis, for review and approval, drainage plans,
hydrologic and hydraulic calculation prepared by a registered civil engineer; shall enter
into an agreement with the City to compete the in „provements and shall post sufficient
surety guaranteeing the construction at the improvements. The drainage plans and
calculations shall indicate the following c: nditions before and after development:
Quantities of water, water flow rates, rna it water courses, drainage areas and patterns,
diversions, collection systems, flooc:i azard areas, sumps and drainage courses.
Hydrology shall be per current Ventura C jnty Standards except as follows:
a. all catch basins in surnf: i! ;aticns s! alit be designed for a 50 -year storm;
b. all catch basins on cor of .jc 1: grades shall be designed for a 10 -year
storm:
C. all catch basins in a sump :;onaition shall be designed such that the depth
or water at intake shall eq iI the depth of the approach flows;
d. all culverts shall be desig ed for a 00 -year storm;
e. drainage facilities shall oe provided such that surface flows are
intercepted and conta n, f a for entering collector or secondary
roadways;
t. for a 10 -year storm al collector streets shall be provided with a
minimum of one travel la 7e with a goal that local, residential streets
shall have one travel lane ,vailable where possible;
g. drainage to adjacent parcel , shall riot be increased or concentrated by this
development. All drainage measure, necessary to mitigate storm water
flows shall be provided by pie rpplic�,nt.
31 . The applicant shall demonstrate to the satisfaction of the City Engineer that each building
pad has adequate protection from a 100-year storm and feasible access during a 10-
year storm.
32. The applicant shall demonstrate legal acc -ss fir each parcel to the satisfaction of the City
Engineer.
33. The applicant shall deposit with the City :3 contribution for the Los Angeles Avenue Area
of Contribution. The actual deposit shall he the then current Los Angeles Avenue Area of
Contribution rate at the time of final nap approval. If previous payment of this
contribution can be demonstrated tc i le City's satisfaction, this condition shall be
waived.
34. The applicant shall make a contribution ,f $3,000 per lot to the city which will be used
to fund public street and traffic improvements directly, or indirectly affected by this
development including either design w;,rk or contribution towards the restoration of
sight visibility to City Standards at the o tersection of Wicks Road and Walnut Canyon
Road. The applicant shall also pay for installation of a sign restricting left turns from
Wicks road to Walnut Canyon Road, per ity Standards, subject to City Council approval.
35. The applicant shall indicate in writing to ne Gity Engineer, the disposition of any water
well or any other well that may exist with n the project. If any wells are proposed to be
abandoned, or if they have been abandon d and have not been properly sealed, they must
be destroyed per Ventura County Ordiria� :e No 2:?72 and any applicable Division of Oil
and Gas requirements.
36. The applicant shall transmit (by Certified Mail) a copy of Section 66436 of the State of
California Subdivision Map act to each p ,blic entity or public utility that is an easement
holder of record. Written compliance shit be submitted to the City Engineer.
37. If any of the improvements which the atplicant is required to construct or install is to
be constructed or installed upon land which the applicant does not have title or
interest sufficient for such purposes, the applicant shall do all of the following at least
60 days prior to the filing of the fin 31 n ,p fc r apr roval pursuant to Government code
Section 66457
a. notify the city in writing th it the applicant wishes the City to acquire an
interest in their land which is sufficient for such purposes as provided in
Government Code Section ;6462.5,
b. supply the City with (1) a ;�ygal description of the interest to be acquired,
(II) a map or diagram of . ie of the interest to be acquired sufficient to
satisfy the requirements c f subdivision (e) of Section 1250.310 of the
code of Civil Procedure 11) a current appraisal report prepared by an
appraiser approved by 1h4 City which expresses an opinion as to the
current fair market value of the interest to be acquired, and (IV) a
current Litigation Guaranty , ''?E port
C. enter into an agreement with the City, guaranteed by such cash deposits or
other security as the City may require, pursuant to which the applicant
will pay all of the City's costs (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest in the land.
38. The applicant shall pay all energy costs associated with street lighting for a period of one
year from the initial energizing of the st eet light,
IN CONJUNCTION WITH FINAL, MAP APPROV; .., THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
39. The applicant shall offer to dedicate tt the City, of Moorpark a street dedication of
sufficient width along Wicks Road to t,ermit an ultimate right -of -way of 60 feet, as
delineated on the approved Tentative Ma[
40. The applicant shall dedicate on the Fina Map to the City of Moorpark the access rights
adjacent to Wicks Road along the entir, frontage of the parent parcel except for the
access road and the driveways for Lots and 4. Lots 2 and 3 shall not be permitted to
have driveways onto Wicks Road. Acce� to Lots 2 and 3 shall be via the on -site access
road shown on the Tentative Map.
41 . The applicant shall dedicate on the Fir, Map to the City of Moorpark, public service
easements as required.
42. The applicant shall delineate areas subje.t to flooding as "Flowage Easement" and then
offer the easements for dedication to the City of Moorpark on the Final Map. Lot to lot
drainage easements, flood hazard areas and secondary drainage easements shall also be
delineated on the Map. Assurance shall t,e provided to the city that these easements will
be adequately maintained by property ow- ers to safely convey storm water flows.
DURING CONSTRUCTION, THE FOLLOWING COND -IONS SHALL APPLY:
43. Prior to any work being conducted with: 1 the State or City right -of -way, the applicant
shall obtain an encroachment permit fror° the appropriate Agency.
44. The applicant shall construct all necessay drainage facilities, including brow ditch and
slope bench drainage channels, with a ;permanent earth tone color so as to minimize
visual impacts. Said color shall be subrr tted to and approved by the Planning Director
as part of the grading plans.
45. If any hazardous waste is encountered curing the construction of this project, all work
shall be immediately stopped and the Ventura County Environmental Health Department,
the Fire Department, the Sheriff's Depart Feel and the City Construction Observer shall
be notified immediately. Work shall riot pr )ceed until clearance has been issued by all of
these agencies. Contaminated or hazardous soil as defined by Department of Health
Services may riot be used for on -sit( scil fill or roadway subgrade unless the
Department of Health Services determinE� in writing that said material has been treated
to a level that is no longer considered ubli(; health risk or requires public disclosure
by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to
an approved landfill.
46. Where roads requiring four or more inches of pavement are to be built, the applicant
shall construct the required street sections minus one inch of paving as an interim
condition until all utility cuts or trenchinc are completed. The final one inch cap of
asphalt shall be placed after all necessary trenching is completed.
47. No trees with a trunk diameter in excess, of tour inches shall be trimmed or removed
without prior approval of the director of ( )mmunity Development.
PRIOR TO FIRST SALE OF ANY LOT, THE FOLLOWING; CONDITIONS SHALL BE SATISFIED:
48. If the land is in a special flood hazard are i, the applicant shall notify all potential buyers
in writing of this condition.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMEN " S AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
49. Sufficient surety guaranteeing that the �.ublic improvements shall be provided. The
surety shall remain in place for one year t, (lowing acceptance by the City Council.
50. Original "as- built" plans will be certit ,�d by the applicant's civil engineer and
submitted with two sets of blue prints to he City Engineer's office. Although grading
plans may have been submitted for checking and construction on sheets larger than 22" x
36 ", they must be resubmitted as "as bL Its" in a series of 22" x 36" mylars (made
with proper overlaps) with a title block on each sheet. Submission of "as - built" plans
is required before a final inspection will bF scheduled.
51 . Reproducible centerline tie sheets shall bE wornittec to the City Engineer's office.
52. The applicant shall file for a time extensi(.) with the City Engineer's office at least six
weeks in advance of expiration of the agrei�ment to construct subdivision improvements.
The fees required will be in conformance v, th the applicable ordinance section.
VENTURA COUNTY WATERWORKS QQNDITIONS
53. Applicant for service shall comply with th »-, Ventura County Waterworks District No. 1
"Rules and Regulations" including all prov sions of or relating to the existing Industrial
Waste Discharge Requirements and subsequent additions or revisions thereto. Ultralow
plumbing fixtures are required in all new ors,rucli n
FIRE DEPARTMENT CONDITIONS
54. A turn around which meets fire Departmen standards shall be provided on Wicks Road
for this project.
55. Access easement between Parcels 2 and 3 ;hall be identified for use, for example, access
to property backing us to this parcel wi, access from Everett Street or additional