HomeMy WebLinkAboutRES CC 1988 522 1988 1116RESOLUTION NO. 88 -522
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING
THE RESIDENTIAL DEVELOPMENT MANAGEMENT
SYSTEM
WHEREAS, on September 23, 1987, the City Council
adopted the Residential Development Management System
pursuant to Resolution No. 87 -421; and
WHEREAS, the City Council now desires to amend said
Residential Development Management System;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds and
determines that the amendment to the Residential Development
Management System will not have a significant effect on the
environment and that a Negative Declaration be filed with
the Clerk of the County of Ventura.
SECTION 2. The City Council hereby approves the
amendment to the Residential Development Management System
as set forth in Exhibit "l ", attached hereto and
incorporated herein by reference.
SECTION 3. Any legal action to challenge this
resolution, in whole or in part, must be filed in a court of
competent jurisdiction within thirty (30) days immediately
following the passage and adoption of this resolution.
SECTION 4. The City Clerk shall certify to the
adoption of this resolution and shall cause this resolution
and her certification to be filed in the office of the City
Clerk.
PASSED, APPROVED and ADOPTED this 16th day
of November , 1988.
CITY OF MOORPARK
'�a4 6, �? -
MAYOR
follows:
EXHIBIT "1"
Amendment of Residential
Development Management System
Exhibit "A" of Resolution No. 87 -421 is amended as
(a) Section 5, entitled Allotment Required
For Building or Grading Permits, of
Exhibit "A" is revised in its entirety to
read as follows:
"A. Building Permits No building permit
for a non - exempt residential dwelling
unit may be issued unless a residential
development allotment for the unit has
been awarded; provided that such building
permits shall not be issued in excess of
500 per calendar year. The permits shall
be issued on a first come, first serve
basis according to the dates that the
applications for the permits are deemed
filed with the City.
B. Grading Permits No grading permit
for a project containing non - exempt
residential dwelling units may be issued
unless there has been an award of
allotments for the project. When the award
is for less than the entire project,
grading beyond the immediate area of the
lots for which the applicant proposes to
utilize the allotments shall be allowed in
accordance with the following:
1. The applicant executes, in a form
approved by the city attorney, a
waiver of any claim of a vested right
to be exempt from Measure F as a
result of grading beyond the area for
which the allotments have been awarded
and an acknowledgment that the
developer assumes any risks that may
result from commencement of grading
prior to the award of allotments for
the entire project; and
2. The applicant has been awarded
allotments for at least 15% of the
number of non - exempt residential
dwelling units in a project consisting
of not more than 175 lots, in which
event the grading may be carried out
for the entire project; or
3. The applicant has been awarded
allotments for at least 15% of the
number of non - exempt residential units
in the first phase of a project
consisting of more than 175 lots, in
which event the grading shall be
carried out in phases. The phases
shall be delineated by the
developer. No phase shall consist of
more than 175 lots. Grading of the
first phase may commence once 15% of
the necessary allotments for that
phase have been awarded. Grading of
the second phase and each phase
thereafter may commence once 75% of
the necessary allotments for the
preceding phase have been awarded.
The city council may approve or
conditionally approve grading in a
manner not otherwise provided for in
this subsection upon a finding that
strict compliance with the
provisions of paragraph 2 or 3 would
work a substantial economic or
engineering hardship on the project.
All graded areas shall be treated
with landscaping, as deemed
appropriate by the Director of
Community Development, to prevent
erosion due to the grading and to
reduce visual impacts of the
grading."
(b) Paragraph 6, entitled Street Traffic
Impact, of subsection A, entitled
Availability of Public Facilities and
Services, of Section 9, entitled
Evaluation System, of Exhibit "A" is
revised in its entirety to read as
follows:
"6. Street Traffic Impact
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No application shall be awarded more than
ten (10) points.
Points Standard
9 - 10 The project will provide,
or has provided, needed
street improvements which
are above and beyond the
improvements normally
required by the City and
which will substantially
improve, or have
substantially improved,
vehicular traffic
conditions in a larger
area than just the project
itself. To qualify, the
applicant must have paid,
or have agreed to pay, any
traffic mitigation fees
normally required by the
City and, if the project
is within the Los Angeles
Avenue, Tierra
Rejada /Spring Road or
Gabbert /Casey Road Area of
Contribution, the
applicant must have made a
written waiver of any
right to protest payment
of said Area of
Contribution fees to the
extent the fees do not
exceed the per dwelling
unit amount in effect as
of October 31, 1988.
6 - 8 The project will provide,
or has provided, a
substantial cash
contribution above and
beyond the fees normally
required by the City for
traffic mitigation or the
project will advance, or
has advanced, the funds so
that needed street
improvements can be
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cjk/AGR4702
constructed or installed
prior to the time that
sufficient traffic
mitigation fees have been
collected to finance the
improvement. To qualify,
the applicant must have
paid, or have agreed to
pay, any traffic
mitigation fees normally
required by the City, must
have provided, or agreed
to provide, any street
improvements normally
required by the City, and
if the project is within
the Los Angeles Avenue,
Tierra Rejada /Spring Road
or Gabbert /Casey Road Area
of Contribution, the
applicant must have made a
written waiver of any
right to protest payment
of said Area of
Contribution fees to the
extent the fees do not
exceed the per dwelling
unit amount in effect as
of October 31, 1988.
5 The project will pay, or
has paid, all traffic
mitigation fees normally
required by the City, and
will provide, or has
provided, all street
improvements normally
required by the City. If
the project is within the
Los Angeles Avenue, Tierra
Rejada /Spring Road or
Gabbert /Casey Road Area of
Contribution, to qualify
the applicant must have
made a written waiver of
any right to protest
payment of said Area of
Contribution fees to the
extent the fees do not
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0
(c)
exceed the per dwelling
unit amount in effect as
of October 31, 1988.
All other projects."
Paragraph 12, entitled Annual
Development Allotment, of Exhibit
"A" is deleted in its entirety.
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A400RPAR1%,
JOHN GALLOWAY
STEVEN KUENY
Mayor
City Manager
ELOISE BROWN PpPP�
`4 <,� CHERYL J. KANE
Mayor Pro Tern F °
Z City Attorney
CLINT HARPER, Ph.D.
PATRICK RICHARDS, A.I.C.P.
Councilmember O
Director of
JOHN PATRICK LANE
Community Development
Councilmember 9q
m R. DENNIS DELZEIT
MAUREEN W. WALL oggT�°
^ City Engineer
City Clerk
'Jy
JOHN V. GILLESPIE
THOMAS P. GENOVESE
Chief of Police
City Treasurer
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury-that the foregoing Resolution No.
88 -522 was adopted by the City Council of the City of Moorpark at a
meeting held on the 16th day of November , 1988, and that the
same was adopted by the following vote:
AYES: Councilmembers Brown, Harper, Perez and Mayor Lane.
NOES: None.
ABSENT: Councilmember Galloway.
ABSTAIN: None.
WITNESS my hand and the official seal of said City this 7th day of
December , 1988.
W101" ga �
Maureen W. Wall,
City Clerk
(seal)
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864