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HomeMy WebLinkAboutRES CC 1998 1440 1998 0221RESOLUTION 98 -1440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO.2 TO PLANNED DEVELOPMENT PERMIT NO. 859 ON THE APPLICATION OF JEFFREY L. BOWDEN FOR A MODIFICATION TO THE APPROVED FENCE PLAN FOR LOTS 100 THOUGH 106 OF TRACT 3096 -3 (MARLBOROUGH MOORPARK), ASSESSOR'S PARCEL NUMBERS 507 -0 -122 -085 THROUGH 145. WHEREAS, On December 30, 1997, Jeffrey L. Bowden applied for Minor Modification No. 2 to Planned Development No. 859 to modify the fence plans for lots 100 through 106 of tract 3096 -3; and, WHEREAS, Staff conducted an environmental review of the proposed Minor Modification and determined that the project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations; and, WHEREAS, the Director of Community Development recommended the approval of Minor Modification No. 2 to the City Council on February 18, 1998; and, WHEREAS, at its meeting of February 18, 1998, the City Council considered the application filed by Jeffrey L. Bowden for Minor Modification No. 2 to Planned Development No. 859 to modify the fence plans for specific lots; and, WHEREAS, at its meeting of February 18, 1998, the City Council after review and consideration of the information contained in the staff report dated January 20, 1998 and accepting public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Relating to the standards specified in Section 17.44.030.A.2 of the Municipal Code, the City Council hereby finds that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code wherein this type of fencing would be allowed which assists in maintaining a suburban /rural character for the community; b. The Minor Modification is compatible with the character of surrounding development where wrought iron fencing exists or has been approved for usage under certain conditions; Resolution No. 98 -1440 Page 2 c. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses so long as unsightly conditions do not result by storing materials within the newly fenced area; d. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare in that the area to be fenced is under private ownership and is not part of a landscape corridor or open space feature maintained by the city. e. The proposed wrought iron fencing and its location is compatible with the scale, visual character and design of the surrounding properties and is designed so as to enhance the physical and visual quality of the community and is designed to provide visual relief between the residences, Monte Vista Nature Park and the Spring Road transportation corridor by maintaining an open, natural appearance consistent with adjacent developed properties and the design features approved for the Carlsberg Specific Plan on the east side of Spring Road. SECTION 2. The City Council conditionally approves Minor Modification No. 2 to Planned Development No. 859 for modification of fence plans for lots 100 through 106 of tract 3096 -3 (Marlborough Moorpark). SECTION 3. Approval of Minor Modification No. 2 to Planned Development No. 859 is hereby approved subject to the following conditions: 1) No storage of any materials may take place within the proposed fenced area. 2) Approval of a Zoning Clearance is required prior to any construction. 3) Written approval from the Homeowners Association is required to be on record with the Community Development Department prior to construction. 4) The Director of Community Development may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance." The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter Resolution No. 98 -1440 Page 3 abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 5) No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6) The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 7) All conditions of approval for Tract 3096 -3 and PD 859 shall apply, except as modified by the conditions of this Minor Modification. PASSES AND ADOPTED this 18' day of (Fe�ruary, 19 ATTEST: Deborah S. Traffens edt, City Clerk rick H*ter, Mayor Resolution No. 98 -1440 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 98 -1440 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of February, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, and Wozniak NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 25th day of February, 1998. Deborah S. Traffenst'e`dt, City Clerk (seal)