HomeMy WebLinkAboutRES CC 1989 535 1989 0215RESOLUTION NO. 89 -535
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING
RESOLUTION NO. 88 -443 FOR THE PURPOSE OF
CLARIFYING CERTAIN CONDITIONS OF
APPROVAL FOR PD -1064 (TOPA).
WHEREAS, on January 20, 1988, the City Council of
the City of Moorpark adopted Resolution No. 88 -443 entitled:
A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY
APPROVING THE APPLICATION FOR PLANNED DEVELOPMENT
PERMIT NO. 1064 FILED BY TOPA MANAGEMENT
PARTNERSHIP FOR THAT CERTAIN PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND
SPRING ROAD.
WHEREAS, the City Council desires to provide
clarification to various conditions of Resolution No.
88 -433.
WHEREAS, at a regularly scheduled meeting on
November 2, 1988 the City Council of said City as an agenda
item discussed theses clarifications.
WHEREAS, the clarifications do not constitute a
modification of an approved project.
WHEREAS, the City Council has been duly informed
in the matter; has given careful consideration thereto; has
determined that the condition clarifications requested do
not necessitate the preparation of a subsequent
environmental document because the clarifications contained
therein will not result in new significant environmental
impacts:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. That the clarifications to various
condition of Resolution No. 88 -433 described in Exhibit 1
(attached) are hereby approved.
SECTION 2. That in all other respects, Resolution
No. 88 -433 shall remain in full force and effect.
SECTION 3. That this resolution shall take effect
immediately.
SECTION 4. That the City Clerk shall certify to
the passage and adoption of this resolution.
19 89 PASSED AND ADOPTED this 15th day of February ,
Eloise Brown, Mayor
ATTEST:
Richard Hare, City Clerk (Seal)
EXHIBIT 1
PD 1064 (Topa) Condition Clarifications
1. PD 1064 City Engineer Condition No. 3C - RCB Box
Construction
"Prior to occupancy, an approximately 4 foot high by 8
foot wide reinforced concrete box will be constructed
along the east property line. The location and design
of the RCB will be reviewed and approved by the Ventura
County Flood Control District and the City Engineer.
This reinforced concrete box will connect to the
existing 3 feet high by 5 feet 8 inch wide RCB crossing
under Los Angeles Avenue. The new RCB will provide a
stub -out where it meets the existing RCB for a future
54 inch reinforced concrete pipe entering from the
east. The developer will enter - into -en- agreement -With
the - -eitp - -of -- Moorpark - -to be reimbursed for the
construction of this reinforced concrete box from the
Los Angeles Area of Contribution Fund sttb�eet -to- review
end - eppror�a� -bp -the -eity upon acceptance of the work
and costs by the City Council The total
reimbursement shall not exceed $225,000. If the AOC
does not have sufficient unencumbered funds to
reimburse the entire amount upon acceptance by the City
Council, the next funds coming into the AOC will be
reimbursed to the developer until the reimbursement of
$225,000 is completed. Reimbursement costs shall
include engineering, construction, inspection, plan
check, and permit fees. All reimbursable costs must be
substantiated by Topa. The final decision on the
amount of reimbursement shall be made by the City
Council."
2. PD 1064 City Engineer Condition No. 4a - New Condition
"Any direct expenses incurred by the developer relating
to the construction of pavement, curb, gutter,
sidewalk, or right of way acquisition on the north leg,
and traffic signal modifications at the north and east
legs, of the Los Angeles Avenue /spring Road
intersection shall be reimbursed by the future
developer of the property located at the northeast
corner of said intersection. The City will enter into
an agreement with the developer of PD -1064, agreeing to
condition the future developer of the property at the
northeast corner of said intersection reimburse the
developer of PD -1064 to the extent such reimbursement
is legally enforceable. Topa will pay all legal costs,
including but not limited to, attorney fees and
administrative costs incurred by the City to impose
and /or enforce said agreement. The agreement will be
prepared by the City Attorney, subject to review by the
developer. The developer shall pay the City's legal
expenses to prepare the agreement.',
3.
4.
PD 1064 City Engineer Condition No. ld - Los Angeles
Avenue A.O.C.
The developer shall deposit with the City of Moorpark a
contribution for the Los Angeles Avenue Improvement
Area of Contribution. The actual deposit shall be the
then current Los Angeles Avenue Improvement Area of
Contribution applicable rate at the time the Building
Permit is issued.
The applicant shall be entitled to receive
reimbursement for costs associated with widening spring
Road from New Los Angeles Avenue south. such costs
include construction, engineering, plan checking,
inspection and permit fees. Documentation of actual
costs for the improvement of spring Road along the
frontage of the property must be provided by the
applicant to the City Engineer for review and approval.
The total reimbursement shall not exceed Topa's total
AOC contribution amount. All reimbursable costs must
be substantiated by Topa. The final decision on the
amount of reimbursement shall be made by the City
Council.
PD 1064 City Council Condition No. lg - Utility
Undergrounding
Prior to occupancy, the utility poles located on Spring
Road, one each at the northeast and south east corner
of the site shall be removed and power underground to
the nearest off site utility pole. The existing street
light on the Los Angeles Avenue frontage shall be
removed, and replaced if required by the City Engineer
with an appropriate light standard.
CL: is
JN 30568
CMO1104.RSO
MOORPARK
ZI.OISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
SS.
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
I, Richard Ha.re, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution
No. 89 -535 was adopted by the City Council of the City of Moorpark
at a meeting held on the 15th_ day of _ February , 1989, and
that the same was adopted by the following vote:
AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown.
NOES: None.
ABSENT: None.
ABSTAIN: None.
WITNESS my hand and the official seal of said. City this 29th day of
March , 1989.
R i 2c-ha 4 ZMa
City Clerk
(Seal)
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