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HomeMy WebLinkAboutRES CC 2004 2158 2004 0121RESOLUTION NO. 2004 -2158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO TENTATIVE TRACT MAP NO. 5045 TO ALLOW THE GATING OF RESIDENTIAL STREETS WHEREAS, at a duly noticed Public Hearing on January 21, 2004, the City Council considered Modification No. 1 to Tentative Tract Map (TTM) No. 5045 to allow the gating of residential streets; and WHEREAS, at its meeting of January 21, 2004, the City Council conducted a public hearing, and after receiving public testimony closed the public hearing; and WHEREAS, the City Council concurs with the Community Development Director's determination that this proposed modification will not result in any adverse environmental impacts and that no additional environmental review is necessary to supplement the environmental review record prepared for Specific Plan No. 1995 -02 and Tentative Tract Map No. 5045; and WHEREAS, on January 21, 2004, the City Council, after review and consideration of the agenda report and any supplements thereto, written public comments and testimony received at the public hearing, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. MODIFICATION FINDINGS: A. The request is consistent with the intent and provisions of the City's General Plan, Specific Plan No. 1995 -02, and Title 17 of the Moorpark Municipal Code in that the proposed gating does not involve a change in land use from that approved under Specific Plan No. 1995 -02. B. The request is compatible with the character of surrounding development because gating does not affect the residential character of the development, and will result in a condition similar to Tentative Tract 5130 (Vistas at Moorpark) to the west. Resolution No. 2004 -2158 Page 2 C. The proposal would not be obnoxious or harmful or impair the utility of neighboring property or uses because the proposed gates would only restrict access to the residential streets of the Specific Plan, while public facilities within the project area will remain available and open to public use. D. The proposal would not be detrimental to the public interest, health, safety, convenience or welfare, because the proposed gates will be required to be functional even in the event of a power outage and because the applicant will be required to place the gates to the satisfaction of public safety agencies. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 1 to Tentative Tract Map No. 5045 to allow the gating of residential streets within the Tentative Tract Map boundaries, subject to conditions of approval attached as Exhibit A. SECTION 3. CERTIFICATIO N shall certify to the adoption of a certified resolution to be resolutions. PASSED AND ADOPTED this ATTEST: Deborah S. Traffensted , Cit OF ADOPTION: The City Clerk this resolution and shall cause filed in the book of original Attachment: Exhibit A - Conditions of Approval Resolution No. 2004 -2158 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 5045, MODIFICATION NO. 1 1. All prior conditions of Tentative Tract Map No. 5045 shall continue to apply, except as amended herein. 2. All access gates shall be constructed to the satisfaction of the Community Development Director, City Engineer, Fire Protection District and the Moorpark Police Department, so as to allow the opening of the gates for emergency ingress or egress in the event of a power failure. Separate pedestrian access shall also be provided, with the design subject to the review and approval of the Community Development Director. 3. The Final Map shall show all streets as private, not open to the public, except for Spring Road, "A" Street, and "C" Street. The Homeowners Association shall be responsible for the ownership and maintenance of all private streets. 4. Prior to the recordation of the Final Map, the applicant shall dedicate vehicular access rights to the City of Moorpark for all streets, public and private, within Tract 5045. Resolution No. 2004 -2158 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. 2004 -2158 adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st of January 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Millhouse, Parvin and Mayor Hunter NOES: Councilmember Mikos ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of February, 2004. Deborah S. Traffensted , City Clerk (seal)