HomeMy WebLinkAboutRES CC 1985 172 1985 0318RESOLUTION NO. 85- 172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING APPEAL NO. 8,
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 February 15, 1985, 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 247th unit,
pursuant to Conditions Nos. 44, 53 and 49, respectively of said
tract maps; and
WHEREAS, on February 20, 1985, Urban West Communities
filed Appeal No. 8, appealing the decision of the Director of
Community Development; and
WHEREAS, at a legally noticed public hearing on
March 4, 1995, 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. 8 is hereby approved, based
upon the following facts and considerations:
(a) 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 unsuccess-
ful in complying with these requirements owing 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 antici-
pated, the occupancy of an additional 233 dwelling units would
not unduly affect traffic circulation.
follows:
SECTION 2. That said approval is hereby conditioned as
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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 the developer shall be required to enter into a
Deferred Improvement Agreement and post sufficient surety,
guaranteeing the completion of Tierra Rejada Road between
PC -3 and Peach Hill Road (through the Myers /Boardman and
W.W. &H Properties) by October 15, 1985. In addition, all
developer construction traffic shall be prohibited from
using Peach Hill Road; developer shall provide funds for
a selected traffic enforcement program for the Peach Hill
area, pending the completion of Tierra Rejada Road; and
developer shall also deposit $2,500.00 with the City
Engineer for the review of additional traffic control
measures within the Peach Hill area, and shall be responsible
for the installation of all required traffic control measures
including, but not limited to, stop signs, paving markings,
and speed limit signs. Upon the approval and acceptance
of improvement guarantees and compliance with the afore-
mentioned requirements, up to 480 Certificates of Occupancy
may be granted within PC -3.
PASSED, APPROVED AND ADOPTED this 18 day of March, 1985.
ATTEST:
�l
City erk
-2-
Mayor of the City of Moorpark,
California
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, DORIS D. BANKUS , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 85 -172 was adopted by the City Council of the City
of Moorpark at an adjourned regular meeting thereof held on the
18th day of March , 1985 , and that the same was
adopted by the following vote, to wit:
AYES: Councilmembers Yancy- Sutton, Weak, Ferguson,
Woolard and Mayor Prieto;
NOES: None;
ABSENT: None.
WITNESS my hand and the off).cia, Teal of said City this
18th day of March 85 .
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