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HomeMy WebLinkAboutRES CC 1996 1256 1996 1204RESOLUTION NO. 96 -1256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 1 TO MAJOR MODIFICATION NO. 1 TO RPD 89 -4 ON THE APPLICATION OF CALIFORNIA COMMUNITY BUILDERS FOR A REDUCTION IN THE REQUIREMENTS FOR LATTICE STYLE UNENCLOSED PATIO COVERS WHEREAS, on January 11, 1995, the Resolution No. 95 -1096 approving Major Residential Planned Development Permit Tract Map No. 4637 for approval of 138 units and 98 detached multi - family con south of Mountain Trail Street between Cedar Spring Street; and City Council adopted Modification No. 1 to No. 89 -4 and Tentative attached multi - family 3ominium units located Mountain Meadow Drive and WHEREAS, on November 6, 1996, California Community Builders submitted Minor Modification No. 1 to Major Modification No. 1 to RED 89 -4 requesting a decrease in the minimum required rear yard setback for patio covers be reduced from 10 feet to 5 feet; and WHEREAS, at its meeting on November 4, 1996, the City Council discussed the applicant's requested Minor Modification and made a decision on the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council has determined that approval of the requested Minor Modification is categorically exempt from the California Quality Act (CEQA) requirements as a Class 1 exception for minor alterations. Section 2. The City Council approves Minor Modification No. 1 to Major Modification No. 1 to RPD 89 -4 allowing for the following reduction in standards for unenclosed lattice patio covers for Major Modification No. 1 to RPD 89 -4: A:\4DEC96.CC Rear yard setback: Minimum five feet for the post alloying the lattice cover cverhang to come within three (3) feet of the rear yard wall. Side yard setback: Minimum five (5; foot setback for the post allowing the lattice cover overhang to be within three (3i feet of the side yard wall. Patio Height: The patio may not exceed a height of twelve (12) feet. Patio area: The total area of the patio may not exceed more than 40% of the rear yard area. SECTION 3. Enclosed patios, patio walls greater than 42 inches high, patio covers with solid roofs and any type of second story deck are not permitted. SECTION 4. That the City Council has determined that the application for the Minor Modification meets the requirements of the Moorpark Ordinance Code in that the Minor Modification to the Residential Planned Development Permit is: 1. Consistent with the intent and provisions of the City's general plan, zoning code -and any applicable specific plan. 2. The modification for the requirements for the project is compatible with the character of the surrounding developments. 3. The reduction in setback requirements for the unenclosed lattice patio covers would not be obnoxious or harmful, or impair the utility of the neighboring property or uses. 4. The reduction in standards will not be detrimental to the public interest, health, safety, convenience or welfare. A: \4DEC96.CC WOUS SECTION 5. That Minor Modification No. 1 to Major Modification No. 1 to RED 89 -4 is subject to the same conditions as previously approved for Major Modification no. 1 to Residential Planned Development Permit No. 89 -4, unless amended by this Resolution. PASSED, APPROVED AND ADOPTED THIS 4TH DAY OFIDECEMBEX, /1996. ATTEST: LilliaryftV Hare City C erk A: \4DEC96.CC FJJFJ Ui KIN 0OU "" L ball. MOORPARK 1 799 Moorpark Avenue Moorpark, California 53021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 96 -1.256 was adopted by the City Council of the City of Moorpark at a meeting held on the 4th day of DECEMBER , 1996, and that the same was adopted by the following vote: AYES:COUNCILMEMBERS EVANS, PERE1, RODGERS TEASLEY, WOZNIAK AND MAYOR HUNTER NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 12th day of DECEMBER , 1996. k. PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN Mayor Mayor Pro Tem Councilmember PATRICK HUNTER BERNARDO M. PEREZ Councilmember Councilmember