HomeMy WebLinkAboutRES CC 2004 2197 2004 0602RESOLUTION NO. 2004 -2197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO.
1 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO.
1998 -05; TO PERMIT MODIFICATION OF A BLOCK WALL
TO ALLOW A TUBULAR STEEL VIEW FENCE LOCATED AT
14143, 14144, 14151, 14152, 14159 AND 14160 MAYA
CIRCLE (TRACT NO. 4977), ON THE APPLICATION OF
KEVIN KLEINRATH, ET AL. (ASSESSOR'S PARCEL NOS.
512 -0- 280 -10, 11, 12, 13, 14, 15)
WHEREAS, at duly noticed public hearings on May 5, 2004 and
June 2, 2004, the City Council considered Modification No. 1 to
Residential Planned Development Permit No. 1998 -05 to permit
modification of a block wall to allow a tubular steel view fence
located at 14143, 14144, 14151, 14152, 14159 and 14160 Maya
circle (Tract No. 4977), on the application of Kevin Kleinrath,
et al.; and
WHEREAS, at its meetings of May 5, 2004 and June 2, 2004,
the City Council considered the agenda report and any
supplements thereto and written public comments, on May 5, 2004,
opened the public hearing, took and considered public testimony
and continued the item, public hearing closed to June 2, 2004;
and
WHEREAS, on June 2, 2004, the City Council, has reached a
decision on this matter; and
WHEREAS, the City Council concurs with the Community
Development Director's determination that the project is
Categorically Exempt in accordance with Section 15301 (Class 1)
of the California Code of Regulations (CEQA Guidelines), and no
further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. FINDINGS: The requested modifications are not
extensive enough to be considered a substantial or fundamental
change in the approved entitlement or use relative to the
Residential Planned Development Permit or Tentative Tract Map,
would not have a substantial adverse impact on surrounding
properties and would not change any findings contained in the
Environmental Impact Report previously prepared for the permit.
Therefore, the findings of RPD No. 1998 -05 as made in Resolution
Resolution No. 2004 -2197
Page 2
No. 99 -1608 and 99 -1609, are hereby reaffirmed. All previous
Conditions of Approval would remain in full force and effect,
except as modified by this approval.
SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby
approves Modification No. 1 to Residential Planned Development
Permit No. 1998 -05 subject to the following special Conditions
of Approval:
1. The entire segment of wall shall be demolished and replaced
at the same time, under one Zoning Clearance.
2. The view fence design shall be in substantial conformance
with the plans submitted as part of the application for
Modification No. 1 to Residential Planned Development
Permit No. 1998 -05.
3. Colors and materials of the block and tubular steel shall
match the existing block and tubular steel throughout the
tract.
4. Pilasters shall not extend into any common area.
5. All previous Conditions of Approval for Residential Planned
Development Permit No. 1998 -05 shall remain in full force
and effect, except as modified by this approval.
6. By acceptance of this approval, the applicants understand
that unobstructed views are not guaranteed and may change
depending upon the growth of landscaping and future
development.
7. Subject to approval by the Homeowner's Association, and
concurrent with the installation of the wall, trees and
shrubs shall be installed in the common area between Lot 60
and Lot 40 to screen the views from Lot 60 to Lot 40. Said
landscaping shall be subject to approval of the Community
Development Director. Should Homeowner's Association
approval not be granted, the Community Development Director
may approve an alternative design that meets the objectives
of this condition.
8. Unless the project is inaugurated (substantial work in
progress) not later than one (1) year after this permit is
granted this permit shall automatically expire on that
date. The Community Development Director may, at his /her
discretion, grant up to two (2) additional one (1) year
extensions for project inauguration if there have been no
changes in the adjacent areas, and if the applicant can
Resolution No. 2004 -2197
Page 3
document that he /she has diligently worked towards
inauguration of the project during the initial one (1) year
period. The request for extension of this entitlement shall
be made in writing to the Community Development Director,
at least thirty (30) days prior to the expiration date of
the permit.
SECTION 3. The
this resolution and
filed in the book of
City Clerk shall certify to the adoption
shall cause a certified resolution to
origi
PASSED AND ADOPTED th
ATTEST:
of
be
Deborah AT raffenste , CityClerk
Resolution No. 2004 -2197
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 -2197 adopted by the City
Council of the City of Moorpark at a regular meeting held on
the 2nd of June, 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
10th day of June, 2004.
Deborah S. Traffenste , City Clerk
(seal)