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HomeMy WebLinkAboutRES CC 1984 144 1984 10170 RESOLUTION NO. 84 -144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING APPEAL NO. 6, FILED BY URBAN WEST COMMUNITIES, IN RE TENTATIVE TRACTS NOS. TR -3274, TR -3855 AND TR -3864 (PC -3). WHEREAS, on February 22, 1983, the Board of Supervisors of Ventura County approved Tentative Tracts Nos. TR -3274, TR -3855 and TR -3864; and WHEREAS, on September 21, 1984, the Director of Community Development of the City of Moorpark rendered an administrative decision not to grant occupancy of residential units in said Tracts Nos. TR -3274, TR -3855 and TR -3864 beyond the 167th unit, pursuant to Conditions Nos. 44, 53 and 49, respectively of said tract maps; and WHEREAS, on October 3, 1984, Urban West Communities filed Appeal No. 6, appealing the decision of the Director of Community Development; and WHEREAS, at a legally noticed public hearing on October 17, 1984, the City Council heard said appeal and has fully considered the matter and reached its determination; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That Appeal No. 6 is hereby approved, based upon the following facts and considerations: (1) Appellant has diligently pursued his attempts to comply with Conditions Nos. 44 of Tract No. TR -3274, 53 of Tract No. TR -3855, and 49 of Tract No. TR -3864, but has been unsuccessful in complying with these requirements owinq to circumstances beyond his control. (2) Enforcement of the conditions would result in undue financial hardship on both the appellant and homebuyers within PC -3. (3) Since the rate of development Elsewhere within the Peach Hill area has not occurred as rapidly as previously anticipated, the occupancy of an additional 80 dwelling units would not unduly affect traffic circulation. SECTION 2. That said approv.�i is hereby conditioned as follows: ATTEST: That Conditions Nos. 44 of Tract TR -3274, 53 of Tract No. TR -3855, and 49 of Tract No. TR -3864 be modified as follows: That up to 197 Certi PC -3 may be issued p construction on the Rejada Road between Road. An additional may be issued upon c the northerly one -ha the portion of the r of the Pardee proper portion of the road the Pardee property from Walnut Creek Ro Myer /Boardman proper of Occupancv may be Eicates of Occupancy within :ior to the commencement of iortherly one -half of Tierra walnut Creek Road and Moorpark 38 Certificates of Occupancy 3mmencement of contruction of Lf of Tierra Rejada Road on Dad between the westerly boundary :�y and Moorpark Road and the between the westerly boundary of and Moorpark Road and the portion 3d to the westerly boundary of the zy. An additional 12 Certificates issued upon either (a) commence- ment of construction on the northerly one -half of Tierra Rejada Road across the Myer /Boardman and W, W, & H Properties or (b) on January 1, 1985 if the right -of -way for the Myer /Boardman and W, W & H Prop- erties has not been obtained by the City, provided that the portion of Tierra Rejada Road on the Pacifica/ Pardee and the Urban West Communities and Esidon properties has been completed. PASSED, APPROVED and ADOPTED this 17th day of October, 1984. City Cler -2- I/ M a�y the--gty. bf'mo-orpark, Vf Ca 1 rnia STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPA R K ) 1, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84 -144 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 17th day of October , 19 84 and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: None; ABSTAIN: Councilmember Harper. WITNESS my hand and the official seal of said City this 17th day of October , 19 84