HomeMy WebLinkAboutRES CC 1998 1531 1998 1021RESOLUTION NO. 98 -1531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING MINOR MODIFICATION NO. 1 ON THE
APPLICATION OF SPECIAL DEVICES INCORPORATED FOR MODIFICATION
OF CONDITION NO. 143 AND ANNUAL REVIEW OF DEVELOPMENT
AGREEMENT IN ACCORDANCE WITH SECTION 15.40.150 OF THE
MUNICIPAL CODE
WHEREAS, on August 21, 1996, the City Council adopted
Resolution No. 96 -1222 approving General Plan Amendment No.
95 -1, Vesting Tentative Tract Map No. 5004, and Industrial
Planned Development Permit No. 95 -2 and on August 28, 1996
the Development Agreement between the City of Moorpark and
Special Devices Inc. was executed; and
WHEREAS, on October 9, 1998 the applicant applied for
Minor Modification No. 1 to Industrial Planned Development
Permit No. 95 -2 to request a modification to Condition 143
of the IPD and the annual review of the Development
Agreement; and
WHEREAS, staff conduced an environmental review of the
proposed application and determined that the project is
Categorically Exempt from the California Environmental
Quality Act requirements as a Class 5 Exemption which
consists of minor alterations in land use limitations; and
WHEREAS, the City Council after review and
consideration of the information contained in the Staff
Report and testimony which was received at the October 21,
1998, meeting reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Minor
Modification No. 1 to Industrial Planned Development Permit
No. 95 -2 for the requested Modification to Condition No. 143
of the IPD to read as follows:
Prior to the issuance of a Certificate of Occupancy, the
Applicant /Developer shall:
Resolution No. 98 -1531
Page 2
A. The applicant /Developer shall have complied with all
conditions for occupancy (excepting those conditions
requiring recordation of the Tract Map) as contained
within the General Plan Amendment No. 95 -1, Zone Change
No. 95 -3, Industrial Planned Development Permit No. 95 -2
and Vesting Tentative Map No. 5004.
B. The Applicant /Developer Agrees to provide a conveyance to
the City through Grant Deed, easements for conservation
purposes upon, across, above and under Lot 4 and Lot D as
contained within the Development Agreement described in
subsection (h) of Section 6 hereof, and a conservation
easement as contained within the Development Agreement
described in subsection (b) of Section 6 hereof for Lot A
and by subsection (k) of Section 6 hereof for Lot 1 and
Lot 2 prior to receipt of the first Certificate of
Occupancy.
C. All remaining issues, as contained within the Development
Agreement, General Plan Amendment No. 95 -1, Zone Change
No. 95 -3, Industrial Planned Development Permit No. 95 -2
and Vesting Tentative Tract Map No. 5004 shall be recorded
for the benefit of the City within 120 days of first
occupancy.
D. No submittals for development shall be processed by the
City on any of the other proposed parcels not currently
under construction until recordation of Vesting Tentative
Tract Map No. 5004.
SECTION 2. The City Council adopts the following finding:
1. The Minor Modification is consistent with the
intent and provisions of the City's General Plan; the
City's Zoning Ordinance; and conditions of approval for
this development.
2. The Minor Modification is compatible with the
character of surrounding development.
SECTION 3. The City Council determines that the
Developer /Applicant has complied in good faith with the
Development Agreement and that the annual review process for
the Development Agreement is deemed complete.
SECTION 4. The City Clerk shall certify to the adoption
of this Resolution.
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Resolution No. 98 -1531
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PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF OCTOBER,
1998.
ATTEST:
Resolution No. 98 -1531
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 -1531 was
adopted by the City Council of the City of Moorpark at a
meeting held on the 21st day of October, 1998, and that the
same was adopted by the following vote:
AYES: Councilmembers Evans, Teasley, Wozniak and
Mayor Hunter
NOES: None
ABSENT: Councilmember Perez
ABSTAIN: None
WITNESS my hand and the official seal of said City this
23rd day of October, 1998.
S.
Deborah S. Traffenste t, City Clerk
(seal)
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