HomeMy WebLinkAboutRES PC 2018 625 2018 0123 RESOLUTION NO. PC-2018-625
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF 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 CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF
MOORPARK COVENANT GROUP LLC
WHEREAS, on October 10, 2017, Moorpark Covenant Group LLC submitted an
application for Tentative Parcel Map (TPM) 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
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 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 development
is consistent with the General Plan and Zoning regulations. In addition, there is no
substantial evidence that the project will have a significant effect on the environment in
that the site exists.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, 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 development is consistent with
the General Plan and Zoning regulations. In addition, there is no substantial evidence
that the project will have a significant effect on the environment in that the site has
already been graded. No further environmental documentation is needed.
Resolution No. PC-2018-625
Page 2
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 Planning Commission 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 Commercial Planned Development (CPD)
Zone.
B. The site is physically suitable for the type of development proposed in that the
site has been engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress exist, and the site 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
proposed 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.
SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of TPM No. 2017-02 subject to
the Special and Standard Conditions of Approval included in Exhibit A (Standard and
Special Conditions of Approval), attached hereto and incorporated herein by reference.
Resolution No. PC-2018-625
Page 3
SECTION 4. FILING OF RESOLUTION: The Community Development Director
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 Haverstock, Landis, Vice Chair Aquino, and Chair
Hamous
NOES: None
ABSTAIN: None
ABSENT: Commissioner Di Cecco
PASSED, AND ADOPTED this 23rd day of January, 2018.
4
1.z,r- C. ci tCG(S
Bruce Hamous, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2018-625
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 Final Map must 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. 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.
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.
Resolution No. PC-2018-625
Page 5
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 permit, 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:
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 building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the 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.
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.
Resolution No. PC-2018-625
Page 6
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.
15. Prior to Final Map approval and recordation, provide access agreements and
covenants from adjacent property subject to the satisfaction of the City Engineer.
-End-