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Home My WebLink AboutRES CC 2018 3676 2018 0221 RESOLUTION NO. 2018-3676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 2017-02 FOR THE SUBDIVISION OF A 9.61 ACRE DEVELOPED LOT INTO TWO PARCELS OF 9.11 ACRES AND 0.50 ACRES AT 800 LOS ANGELES AVENUE (TARGET STORE), AND MAKING A DETERMINATION OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH, ON THE APPLICATION OF MOORPARK COVENANT GROUP LLC WHEREAS, Moorpark Covenant Group LLC submitted an application for Tentative Parcel Map (TPM) No. 2017-02 on October 10, 2017, for the subdivision of a 9.61 acre developed lot into two parcels of 9.11 acres and 0.50 acres at 800 Los Angeles Avenue (Target); and WHEREAS, at a duly noticed public hearing on January 23, 2018 for TPM No. 2017-02, 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; closed the public hearing and adopted Resolution No. PC-2018-625, recommending to the City Council approval of the Tentative Parcel Map; and WHEREAS, at a duly noticed public hearing on February 21, 2018 for TPM No. 2017-02, the City Council 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; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that TPM No. 2017-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent with the General Plan and Zoning regulations and the site is already developed. No further environmental documentation is needed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions) of the CEQA Guidelines. The proposed subdivision is consistent with the General Plan and Resolution No. 2018-3676 Page 2 Zoning regulations and the site is already developed. No further environmental documentation is needed. SECTION 2. TENTATIVE PARCEL MAP PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings: A. The proposed map, including its design and improvements, is consistent with the City's General Plan and Zoning Ordinance as proposed, in that the map has been designed to comply with the requirements of the City's General Plan in providing a new commercial parcel within existing commercial development and it meets Zoning standards for the Sub-Regional Commercial/Business Park (SRC/BP) Zone of the Carlsberg Specific Plan. B. The site is physically suitable for the type of development proposed in that the site has all required utilities along with adequate ingress and egress, and is provided with public and emergency services. C. The site is physically suitable for the proposed intensity of development, in that all City development standards, including parking, have been met by the existing shopping center project. D. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site has already been developed. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation exists. F. 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 full access to and from Los Angeles Avenue and Miller Parkway exists and parking remains available for the entire shopping center. SECTION 3. APPROVAL OF PROJECT: Based on all of the findings contained herein and all the evidence in the record of this matter, the City Council approves TPM No. 2017-02 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. 2018-3676 Page 3 SECTION 4. FILING OF RESOLUTION: 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 21st day of February, 2018. 4 444/1/1/1,14.2 Ja ce S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A — Standard and Special Conditions of Approval Resolution No. 2018-3676 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 2017-02 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), 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 OF APPROVAL 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. A reference to the adopted City Council Resolution shall be included on the final map in a format acceptable to the Community Development Director. 4. This subdivision expires two (2) years from the date of its approval. The Community Development Director with the City Engineer's concurrence may, at his/her discretion, grant up to one (1) additional one-year extension 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 must be made in writing, at least thirty calendar (30) days prior to the expiration date of the map and must be accompanied by applicable entitlement processing deposits. Resolution No. 2018-3676 Page 5 5. All Conditions of Approval for Commercial Planned Development (CPD) No. 2001-01 and as may be amended are incorporated by reference in this approval and shall continue to apply. 6. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. 7. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 8. 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 by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. The City will promptly notify the applicant 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 applicant 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; and 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 respect to the subdivision or a building permit is issued pursuant to the planned development permit. 9. 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. Resolution No. 2018-3676 Page 6 10. The development must be in substantial conformance with the plans presented in conjunction with the application for Tentative Parcel Map No. 2017-02, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 11. Parking areas must be maintained in compliance with the Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer/Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking space striping must be maintained to be clearly visible during the life of the development. 12. The number of parking spaces shall be maintained consistent with Chapter 17.32 of the Zoning Ordinance. 13. The Operation and Easement Agreement between Target Corporation, Kohl's Department Stores, Inc. and Zelman Moorpark, LLC, recorded on December 24, 2002 in the Office of the County Recorder of the County of Ventura as Document No. 2002-0327559-00 shall continue to apply to both parcels created by Tentative Parcel Map No. 2017-02 subject to approval by the Community Development Director, City Engineer/Public Works Director, and City Attorney. Engineering / Public Works 14. Prior to Final Map approval and recordation, provide drainage covenants from adjacent property subject to the satisfaction of the City Engineer/Public Works Director. 15. Prior to Final Map approval and recordation, provide access agreements and covenants from adjacent property subject to the satisfaction of the City Engineer/Public Works Director. -End- Resolution No. 2018-3676 Page 7 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. 2018-3676 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of February, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 8th day of March, 2018. Maureen Benson, City Clerk (seal) ist*7 .14-01.t 'k• t:4 .0-