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Home My WebLink AboutRES CC 2002 1932 2002 0116RESOLUTION NO. 2002 -1932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING APPEAL 2001- 07 TO A DECISION OF THE PLANNING COMMISSION TO DENY APPEAL NO. 2001 -05 TO CERTAIN CONDITIONS REQUIRED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT FOR APPROVAL OF ADMINISTRATIVE PERMIT NO. 2001 -10 FOR DEVELOPMENT OF A SECOND SINGLE - FAMILY RESIDENCE AT 6086 GABBERT ROAD ON APPROXIMATELY 39.46 ACRES OF LAND, ON THE APPLICATION OF CINDY HOLLISTER WHEREAS, at a duly noticed Public Hearing on December 19, 2001, and continued to January 16, 2002, the City Council considered an appeal to the decision of the Planning Commission to deny an appeal to certain conditions required by the Community Development Director for approval of Administrative Permit No. 2001 -10 on the application of Cindy Hollister for placement of a second single- family residence on approximately 39.46 acres of land, located at 6086 Gabbert Road, Assessor's Parcel No. 500 -0- 330 -245 & 255; and WHEREAS, at its meeting of December 19, 2001, the City Council opened the Public Hearing, and after receiving public testimony, continued the hearing to January 16, 2002; and WHEREAS, after review and consideration of the information contained in the City Council agenda report, and testimony received on December 19, 2001 and January 16, 2002, the City Council reached its decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that the decision of the Planning Commission to deny Appeal No. 2001 -05 to the decision of the Director of Community Development to require certain conditions for placement of a second single - family residence by approval of Administrative Permit No. 2001 -10 is consistent with the purpose and intent of provisions of Title 17, Zoning, of the Moorpark Municipal Code, including specific development criteria contained in the Zoning Code related to second dwelling units and mobilehomes, and that the facts presented are not adequate to grant the applicant's appeal. SECTION 2. That the additional findings: City Council adopts the following Resolution No. 2002 -1932 Page 2 C.E.Q.A. Finding Section 15303 of The California Environmental Quality Act (CEQA) guidelines exempts single- family residences and second dwelling units from its provisions and appeals of decisions related to those projects. Administrative Permit Finding The proposed second single - family residence is consistent with provisions of the Zoning Code, as conditioned, that provide for the placement of a second dwelling unit in residential areas zoned for single - family development. SECTION 3. That the City Council denies Appeal No. 2001 -07 to the Planning Commission denial of Appeal No. 2001 -05 to certain conditions required by the Community Development Director for approval of Administrative Permit No. 2001 -10. SECTION 4. That The City Council has reviewed and adopted the modified conditions of approval included as Exhibit "A" to this resolution. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 16th day ofiJanuary X004. ATTEST: S. Deborah S. Traffensted , City Clerk trick Hunk, Mayor Attachment: Exhibit "A "- Conditions of Approval for Administrative Permit No. 2001 -10 Resolution No. 2002 -1932 Page 3 RWRTRTT A MODIFIED CONDITIONS OF APPROVAL FOR ADMINISTRATIVE PERMIT NO. 2001 -10 1. In accordance with Section 17.28.020.B of the Zoning Ordinance for Mobilehomes and Manufactured Housing: a) The manufactured home must be constructed on or after June 15, 1976. Proof of manufacture date shall be in the form of a HUD label affixed to the outside surface of the rear wall at the floor level of each transportable section. b) The exterior siding shall extend to the ground level, or manufactured home skirting matching the color and material of the manufactured home shall completely enclose the foundation support system and the tongue. The manufactured home siding shall be comprised of an exterior material and colors subject to review and approval by the Director of Community Development. The exterior (the "wood -tone siding" appearance) of the manufactured home shall be maintained free of chips, excessive fading, or peeling as determined by the Director of Community Development, for as long as the manufactured home is located on this property. c) The project shall conform to a revised site plan and elevations, subject to approval of the Director of Community Development through a Zoning Clearance and shall be in compliance with the conditions of approval of Administrative Permit 2001 -10. d) The proposal shall comply with all requirements of Section 17.28.020(C) relating to Mobilehomes and Manufactured Housing. 2. In accordance with Section 17.28.020.G of the Zoning Ordinance for a Second Dwelling: a) The manufactured home /second dwelling shall be placed on the same lot as the existing single - family residence (identified as APNs 500 -0- 330 -245 and 500 -0- 330 -255). If this property is subsequently divided into two separate parcels, the manufactured home /second dwelling shall be removed from the site, or brought into conformance with the Zoning Ordinance requirements in effect at the time for a primary single - family residence, prior to recordation of the final map. Resolution No. 2002 -1932 Page 4 b) The maximum size of the second dwelling shall not exceed that allowed by City Code. c) Access to the second dwelling shall be at least ten (10) feet wide and shall be paved with an all weather surface, which meets the Ventura County Fire Protection District standards. As an alternative to providing an all weather surface access to the second unit, consideration will be given to providing an all weather surface access road to the primary dwelling unit to serve as access to both structures. d) The proposal shall comply with all requirements of Section 17.28.020(G) relating to Second Dwellings. 3. The existing dumpsters used for horse maintenance and trash as identified on the attached site plan shall be visually screened from view from the public right -of -way through the addition of landscape screening prior to issuance of a Certificate of Occupancy for the second unit. 4. The existing second dwelling unit /travel trailer that is currently located on the property without a permit shall be removed from the site by April 30, 2002. This required removal of the trailer shall occur prior to issuance of a Zone Clearance and Building Permit for the approved second dwelling unit. 5. All permit and fee requirements must be met, including the requirement for a Zone Clearance and Building Permit and the payment of all applicable development fees for a new second dwelling unit. 6. The outstanding processing fee of $1,320.00 for Administrative Permit 2001 -10 shall be paid prior to issuance of a Zone Clearance and Building Permit for the second dwelling unit. 7. The property shall be maintained, in accordance with the provisions of Section 8.48.020 of the Moorpark Municipal Code. Prior to issuance of a Zoning Clearance and Building Permit, the old tires and bathtub located westerly of the proposed second dwelling /manufactured home shall be removed or relocated to within the existing barn corral area on the property. Resolution No. 2002 -1932 Page 5 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. 2002 -1932 was adopted by the City Council of the City of Moorpark at regular meeting held on the 16th day of January, 2002, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos and Wozniak NOES: Councilmember Millhouse ABSENT: Mayor Hunter ABSTAIN: NONE WITNESS my hand and the official seal of said City this 7th day of February, 2002. Deborah S. Traffens dt, City Clerk (seal)