HomeMy WebLinkAboutAG RPTS 1986 1210 PC REGTHOMAS C. FERGUSON
Mayor
DANNY A WOOLARD
Mayor Pro Tern
ELOISE BROWN
Councilmember
JOHN GALLOWAY
Councilmember
CUNT HARPER
Councilmember
THOMAS P. GENOVESE
City Treasurer
MOORPARK
A G E N D A
MOORPARK PLANNING COMMISSION
Meeting of December 10, 1986
7:00 p.m.
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK J. RICHARDS AI.C.P.
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILL.ESPIE
Chief of Police
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS
5. PUBLIC HEARINGS - (Continued Business),
a. Planned Development Permit No. PD1056 Burger King - Herman Li
Requesting approval to construct a Burger King Restaurant and
playground contained within the project. The restaurant will
contain approximately 3,074 square feet. Located at the south-
west corner of Los Angeles Avenue. The site fronts Los Angeles
Avenue.
Recommended for continuance to a date uncertain.
b. Development Plan Permit No. DP -348 Epi Silos
Requesting approval of a 47,400 square foot self storage facility
on Los Angeles Avenue west of Shasta Avenue and east of Goldman
Avenue.
Recommended to a date uncertain.
6. PUBLIC HEARINGS -(New Business)
a. Residential Planned Development Permit No PD -1058 G1enHaven
Request to construct twenty -two (22) single family residences on
t previously approved 22 lot subdivision (TR3306). Location,
Inglewood Avenue between Peach Hill Road and the Southern Calif-
ornia Edison Company easement.
AGENDA - PLANNING COMMISSION
p. 2 - December 5, 1986
6. PUBLIC HEARINGS (New Business)
b. Tentative Parcel Map No. PM4220 Clifford & Christine May
Request to subdivide an existing 3.48 acre lot into three
parcels of nearly equal size.
7. INFORMATION ITEMS
a. Hillside Grading Ordinance & Industrial Buildout
8. COMMISSION COMMENTS
9. STAFF COMMENTS
10. ADJOURNMENT
AFFIDAVIT OF POSTING AGENDA
CITY OF MOORPARK )
COUNTY OF VENTURA ) ss
STATE OF CALIFORNIA )
I, Celia LaFleur, appointed Secretary to the Planning
Commission of the City of Moorpark, County of Ventura, State
of California, do hereby certify under penalty of perjury,
that I posted a copy of the Moorpark Planning Commission
Agenda for the meeting of
at the following location:
MOORPARK COMMUNITY CENTER
799 Moorpark Avenue
Moorpark, California, 93021
Said agenda shall remain in place until after the meeting
for the availability of public review for at least 72 hours
prior to the meeting, pursuant to Section 54954 et.seq. of the
California Government Code.
Executed on this -/7�/t-- day of
Moorpark, California.
By: _-4 Z2�
Celia LaFleur, Secretary to
the Planning Commission
�r
24
MOORPARK
THOMAS C.FERGUSON STEVEN KUENY
Mayor f �� City Manager
DANNY A.WOOLARD T' CHERYL J.KANE
Mayor Pro Tern City Attorney
JAMES A.HARTLEY 01V% 44.4 RICHARD MORTON
Councilmember ��v'��- Director of
ALBERT PRIETO ' j . Develo m nt
Councilmember 4*.. °` P
LETA YANCY-SUTTON R.DENNIS OELZEIT
Councilmember City Engineer
THOMAS P.GENOVESE STAFF REPORT TO: JOHN V.GILLESPIE
City Treasurer Chief of Police
MOORPARK PLANNING COMMISSION
• Meeting of December 10, 1986
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
Subject: Request to construct twenty-two (22) single family
residences on a previously approved 22 lot subdivision.(TR3306).
Location: Inglewood Avenue between Peach Hill Road and the Southern
California Edison Company easement.
Applicant: H.A. Russell, President
GlenHaven
601 Daily Drive, Suite 232
Camarillo, CA. 93010
General Plan/
Zoning: Medium Density --(3.1-5 DU/AC)/RPD-.4.5U
Environmental: Negative Declaration
Issues: 1. Building height
2. Aesthetics
Discussion: This request represents a resubmittal of a request previously
approved by Ventura County, prior to the incorporation of
the City of Moopark. Some historical information is provided
as follows:
Tentative Tract Map No. TR3306/PD914 filed 03/09/79
PD914 approved 11/29/79
Tentative map approved 12/18/79
Final map approved 06/07/83
From the above information, the subdivision portion of the
two entitlements was completed. However, the planned develop-
ment permit has since expired.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
t7
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
Discussion: (continued)
The expiration occurred either one-and-one-years ago after
permit approval, or at best if a time extension was granted
the PD permit expired two-and-one-half years after approved.
(The County file on this point is unclear.) The latest date
of expiration would have been May 29, 1982. The ownership
of the project changed in early 1986, with the present appli-
cant having acquired an approved and completed subdivision,
but an expired PD permit. Approval of a new PD permit is
required prior to issuance of a building permit.
The subdivision is proposed to be developed, as previously
approved, with 22 single family residences on 22 lots. A
linear appearance of the subdivision is created due to the
long narrow shape of the site. Most of the lots (16) front
on Inglewood Avenue; another two lots front on Peach Hill
Road and the remaining four lots front on Clavelle Avenue.
Lot sizes range from approximately 6,413 square feet to
13,394 .square feet. The average lot size is approximately
8,100 square feet. Each lot meets the minimum setbacks of
the RPD zone of 20 feet front and rear, and 5 feet setbacks
are provided on the sides.
Three different floor plans will be utilized as follows:
Plan No. 1 Two-Story 3/Bdrm. , 2i bath, 2,000 sq. ft.
Plan No. 2 Single-Story 3/4 Bdrm. 2} baths, 2,300 sq. ft.
Plan No. 3 Two-Story 3/4 Bdrm. 3 baths, 2,600 sq. ft.
The models showing "3 or 4 bedrooms" indicate three bedrooms
with an optional den or fourth bedroom.
The building height is limited to 25 feet.
A Spanish Mediterranean style of architecture is utilized. Each
plan will have three elevation variations. The color scheme
will include use of earth tones. An adobe white to a light tan
will be the primary stucco colors. Exterior materials will
feature wood plant-ons_ and accents. All trim will be in lightly
contrasting earth tones. Roofing is proposed to be concrete.
California "5" tile roof and will utilize two different earth
tone colors in the terra cotta hues.
Landscaping will consist solely of front yard landscaping
to be provided by the applicant. A tree will be provided
in each front yard and two additional trees in the side yard
of the two corner lots. There are no common areas in this
subdivion to be landscaped. Since the project does not have
an entrance street off an arterial street, no theme entry
monument is provided as in some of the larger residential
projects in the City (e.g. Urban West Communities, Warmington) .
-2-
11.1110
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
Discussion: (continueid)'
Although only a block wall is shown on lots 6 and 8 on the
side yards along Inglewood Avenue, a decorative masonry wall
will be required to completely enclose the individual properties.
Garages providing covered parking for three cars for each
residence will be provided. Plan 3 offers a side entry garage,
which will provide visual relief and variety of a front facing
garage at a 20 foot setback on every lot. Driveways will
be concrete.
Even though some variety will exist with the side facing
garages, more could be achieved by varying the front setbacks.
Sufficient lot depth exists on most of the lots to provide
more than the minimum front setbacks. This is only mentioned
as an observation and will not be made a condition of approval
by the staff. Variation in the front setbacks would perhaps
enhance the overall attractiveness of the project.
The site plan shows a park adjacent to the southerly boundary
of the tract at the rear of lots 13 - 15. This park is part
of the common areas of the adjacent subdivision and will
not be accessible to the residents of this subdivision on
Inglewood Avenue. The topography of the site has a gentle
downward trend form the northwest to the southeast and then
upward toward the east from the middle of the site. As a
result, the individual pads will be lower than those abutting
the site (lots 20 and 21) to the north. The pad elevations
range from approximately one to five feet lower than the
adjacent parcels. However, the pads will generally be higher
than the existing tract to the south. The range is height.
Only one pad is at this height. Most- -of the pads are two
to two-and-one-half feet higher. Four of the pads are nearly
level with the adjacent property. A grading permit was already
approved for this project on June 9, 1983.
A mixture of one and two story homes comprises the tract
to the north of this project site. To the south entirely
single story homes were constructed. In siting the one and
two story models, consideration was given to locating the
two story models opposite existing two story homes on Inglewood
Avenue wherever possible. (On the site plan, each of the
lots immediately abutting the project site is indicated as
housing one or two stories by the numbers 1 or 2 placed within
the footprint of each neighboring residence.)
The area's circulation provides four points of access to
Peach Hill Road. Clavelle Court will be extended through
the project site so that it is continuous from Granadilla
Drive on the south to its: northerly segment north of Inglewood
Avenue.
-3-
2e1
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
Discussion: (continued)
Only a dead end street, not a cul-de-sac is to be constructed
for the westerly terminus of Inglewood Avenue. This was
allowed to be constructed in_xh s manner as part of the original
County approval. Staff is of the opinion that a cul-de-sac
would still be beneficial for turning movements and street
sweeping, and is recommending the installation of a cul-de-sac
in the conditions of approval.
The two corner lots (6 and 8) have their driveways close
to the intersection, even though, the driveways are at the
opposite end of the lots, away from the corner. Due to the
curved configuration of Clavelle Court, a minor potential
hazard would exist when cars are parked on the driveways
of these two lots. To mitigate this hazard it has been stated
in the conditions of approval that garage door openers shall
be provided for these two lots. The openers will encourage
more use of the garages and hopefully keep cars off of the
driveways most of the time.
A four foot sidewalk and six foot parkway will be provided
on Peach Hill Road. On Inglewood Avenue and Clavelle _Court- .
a five foot sidewalk will be installed (with no parkway) .
Due to the small size of the project it is• proposed to be
developed as a single phase.
In accordance with Measure F, adopted on November 4, 1986
(Residential Development Management System) an allocation
permit will be required of this project prior to issuance
of building permits for the 22 single family residences.
Criteria for allocating permits has not yet been-:developed.
-4-
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
Recommended Action
1. Make the following findings:
a. The proposed uses would be consistent with the purpose, intent,
guidelines, standards, policies, and provisions of the City's
General Plan and Chapters 1 and 2 of the Ordinance Code;
b. The proposed uses would not impair the integrity and character of the
zone in which they are located;
c. The proposed uses would be compatible with land uses permitted within
the General Plan land use designations and the zones in the general
area where the uses are to be located;
d. The proposed uses would not be obnoxious or harmful or impair the utility
of the property itself or neighboring property or uses; and
e. The proposed uses would not be detrimental to the public interest,
health, safety, convenience, or welfare.
2. Recommend approval of the attached Negative Declaration to the City Council
as having been completed in compliance with State CEQA Guidelines. As part
of its approval the Planning Commission has reviewed and considered the
information contained in the Negative Declaration.
3. Direct staff to prepare a resolution recommending conditional approval
of Residential Planned Development Permit No. RPD-1058 for consideration
at its next regular meeting of January 5, 1-987.
Prepared by: , Approved by:
MIchae(A/C/el/7' jl 'u in v atrick J. •- c ards
Senior Planner Director o Community Development
EXHIBITS: A - Location Map
B - Negative Declaration
C - Floor Plans
D - Elevations
E - Site Plan
-5-
711.411
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CITY OF MOORPARK 32-
DEPARTMENT
DEPARTMENT OF CCNMUNITY DEVELOPMENT
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
>(NEGATIVE DECLARATION
MITIGATED NEGATIVE DECLARATION
I. PROJECT DESCRIPTION:
1. Entitlement; LTJ (21,4aPek/e12=p154eKir F1524411-
2. Applicant; (01 j ,
3. Proposal; ?.2 5 f A L.i% SIM/(,�( aGl�s CO A PIZa---
VIOc-3( Y 4cPtpcZC t) 2-2-"WT 1A (491J (F-Pt)-tC )
4. Location and Parcel Number(s):
Il.2t_el AVE. C .A- 441 LL.. 1W. A LW) -n-►� 4ou-
THI 0Q.J G4•l.I F !2 1->I A- I SOIJ G 7. -fP� 7J . .4') '.
.i -" .i U- 4 . . _ n SCS?–74-'7 c‹7/
5. Responsible Agencies: C
II. STATEMENT OF ENVIRONMENTAL FINDINGS:
An initial study was conducted by the Department of Community Development
to evaluate the potential effects of this project upon the environment.
Based upon the findings contained in the attached initial study it has
been determined that this project could, could not, have a significant
effect upon the environment.
MITIGATED NEGATIVE DECLARATION ONLY: •
These potentially significant impacts can be satisfactorily mitigated
through adoption of the following identified measures as conditions of
approval.
MITIGATION MEASURES INCLUDED TO AVOID POTENTIALLY SIGNIFICANT EFFECTS:
(IF APPLICABLE)
III. PUBLIC REVIEW:
1. Legal Notice Method; Direct mailing to property owners within 300
feet.syl .
2. Document Posting Period; cr.V. Zoo — D C_. 10, ) Gf
Pre.r ed by:71 / Ap roved by:
72_,L,_J
Name) k ' (Date) ) (Date)
EXHIBIT " "
33
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Planning Commission of the City of Moorpark, California, on
Wednesday , the 10th day of . December • , 19 gam,
beginning at the hour of 7:00 p.m. , in the Council Chambers in the City . •
Hall of said City, located at 799 Moorpark. Avenue, Moorpark, California. 93021
for the purpose of consideration of the proposed project hereinbelow described,
NOTICE IS HEREBY FURTHER GIVEN, that, pursuant to California State law,
an evaluation has been conducted to determine if the proposed project could
significantly affect the environment, and that, based upon an unitial review,
it has been found that a significant affect would not occur; therefore a Negative
Declaration has been completed in-compliance with -State CEQA- Guidelines
issued thereunder.
Entitlement: Planned Development Permit No. PD-1058
Applicant: GlenHaven
Proposal: Construct 22 single family lots.
Location: Intersection of Honeybee Street and Peach Hill
Road.
Assessor's Parcel No. : 507-261-015 thru 075 & 507-0-262-015
NOTICE NOTICE NOTICE
If you challenge the proposed action in Court, you may be limited
to raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence
delivered to the -Community Devel. Dept. at or prior to the public hearing.
If you have any questions or comments regarding the project, contact the
Community Development Department at the City Hall, 799 Moorpark Avenue,
Moorpark, California 93021; Phone: (805) 529-6864.
DATED: November 24 , 19 86
3
By:
Title: Administrative Secretary
Vol
NOTICE OF PREPARATION OF DRAFT
NEGATIVE DECLARATION
TO CONCERN PARTIES:
The City of Moorpark is currently processing the following land
use permit request. California State Law requires that an evaluation
be conducted to determine if this project could significantly
affect the environment. Based upon an initial review, it has
been found that a significant affect would not occur; therefore,
a Negative Declaration has been prepared.
PROJECT DESCRIPTION
Entitlement: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD-1058
Applicants Name: GLENHAVEN
Parcel Size: 4.75 Acres
Assessors Parcel No. (s) : 507-261-015 through 507-262-015
Zoning Designation: RPD 4.5 DU
General Plan Designation: Medium Density
Project Location: INGLEWOOD AVENUE BETWEEN PEACH HILL ROAD AND THE
SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
Description of Land Use That Would Result If Permit Is Approved:
22 SINGLE FAMILY RESIDENCES ON A PREVIOUSLY APPROVED 22 LOT SUBDIVISION (RPD1058)
The public review period for the draft Negative Declaration is
from 11/24/86 to 12/10/86 . I you have any
•questions or comments regarding the project or adequacy of the
draft Negative Declaration, please call or write,
, 799 Moorpark Avenue, Moorpark, CA. 93021,
(805) 529-6864.
Copies of this draft Negative Declaration may be reviewed or
purchased at the above address.
Prepared by:
die.Gt.XDate: //-Z
145
CITY OF MOORPARK
INITIAL STUDY CHECKLIST FORM
I. BACKGROUND
1. Name of Applicant gi LAEl'At-�'/L-APE7.jd
2. Project Description ?j ll[�1-...e F f 1 (245.561001K1/ (, L.
C)11 Ajk_ APE cA 2Z—L -- fJ�DIUI _/
62PP I-r k . ( GS)
3. Date of Checklist submittal CAW . Z4, 19e45011,
4. Project Location i OAP • j-- &Oak _i
Ui L.-- t2--V �v�17 1'+ S L.E. eA60-f iL
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
YES MAYBE NO
1. EARTH. Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
c. Change in topography or ground surface
relief features?
d. The destruction, covering or modification of
any unique geologic or physical features?
e. Any increase in wind or water erosion of soils,
either on or off the site?
f. Changes in deposition or erosion of beach sands,
or changes in situation, deposition or erosion
which may modify the channel of a river or
stream or the bed of the ocean or any bay,
inlet or lake?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud-
slides, ground failure, or similar hazards?
•
YES MAYBE NO
2. AIR. Will the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or
temperature, or any change in climate, either
locally or regionally?
d. Is there a potential for cumulative adverse'
impacts on air quality in the project area?
3. . WATER. Will the proposal result in:
a. Changes in currents, or the course of direction
of water movements, in either marine or fresh
waters?
b. Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff?
c. Alterations to the course or flow of flood
waters?
d. Change in the amount of surface water in.
any water body?
e. Discharge into surface waters, or in any
alteration of surface water quality, including
but not limited to temperature, dissolved oxygen
or turbidity?
f. Alteration of the direction or rate of flow of
ground waters?
g. Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts
or excavations?
h. Degradation of ground water quality?
i. Substantial reduction in the amount of water
otherwise available for public water supplies?
j. Exposure of people or property to water related
hazards such as flooding or tidal waves?
2)7
YES MAYBE NO
4. PLANT LIFE. Will the proposal result in:
a. Changes in the diversity of species or number of
any species of plants (including trees, shrubs,
grass, crops, and aquatic plants?
b. Reduction of the numbers of any unique, rare or
endangered species of plants?
c. Introduction of new species of plants into an area,
or in a barrier to the normal replenishment of
existing species?
d. Reduction in acreage of any agricultural crop?
5. ANIMAL LIFE. Will the proposal result in:
a. Change in the diversity of species or numbers of
any species of animals (birds, land animals
including reptiles, fish and shellfish, benthic
organisms or -insects)?
b. Restrict the range of or otherwise affect any
rare or endangered animal species?
c. Introduction of new species of animals into an
area, or result in a barrier to the migration
or movement of animals?
d. Deterioration to existing fish or wildlife
habitat?
6. NOISE. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. LIGHT AND GLARE. Will the proposal produce new
light or glare?
8. LAND USE. Will the proposal result in a substantial
alteration of the present or planned land use of an
area?
9. NATURAL RESOURCES. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
b. Substantial depletion of any nonrenewable
resource?
•
!" -=
YES MAYBE NO
10. RISK OF UPSET. Will the proposal involve:
a. A risk of an explosion or the release of hazardous
substances (including, but not limited to, oil,
pesticides, chemicals or radiation) in the event
of an accident or upset conditions?
11. POPULATION. Will the proposal alter the location,
distribution, density or growth rate of the human
population of an area?
12. HOUSING. Will the proposal affect existing housing,
or create a demand for additional housing?
13. TRANSPORTATION/CIRCULATION. . Will the proposal result
in:
a. Generation of substantial additional vehicular
movement?
b. Effects on existing parking facilities or demand
for new parking?
c. Substantial impact upon existing transportation
systems?
d. Alterations to present patterns of circulation or
movement of people and/or goods?
e. Alterations to waterborne, rail or air traffic?
f. Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
14. PUBLIC SERVICES. Will the proposal have an effect
upon, or result in a need for new or altered
governmental servies in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Other governmental services?
15. ENERGY. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? V
1541
YES MAYBE NO
b. Substantial increase in demand upon existing sources
of energy or require the development of new sources
of energy?
16. UTILITIES. Will the proposal result in a need for new
systems, or substantial alterations to the following
utilities:
a. Power or natural gas?
b. Communications system? -
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?.
f. Solid waste and disposal?
g. Street lighting annexation and/or improvements?
17. HUMAN HEALTH. Will the proposal result in:
a. Creation of any health hazard or potential health
hazard (excluding mental health)?
b. Exposure of people to potential health hazards?
18. AESTHETICS. Will the proposal result in the obstruc-
tion of any scenic vista or view open to the public. _ _
or will the proposal result in the creation of an
aesthetically offensive site open to public view?
19. RECREATION. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunities?
20. ARCHAEOLOGICAL/HISTORICAL. Will the proposal: -
a. Affect possible unknown archaeological or historic-
al sites?
b. Result in destruction or alteration of a known
archaeological or historical site within the
vicinity of the project?
c. Result in destruction or alteration of a known
archaeological or historical site near the
vicinity of the project?
L
LID
YES MAYBE NO
21. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
b. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into
the future.)
c. Does the project have impacts which are individu-
ally limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where impact on ea .h resource is
relatively small, but where the effect of the
total of those impacts on the environment is
significant.)
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly.
III. RECOMMENDATION
On the basis of this initial evaluation:
In conformance with Section 15060 of the State EIR Guidelines, I find
with certainity that the proposal would not have a significant impact
on the environment.
_ I find the proposed project is categorically exempt pursuant to
class
I find the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION- should be prepared.
_ I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached
sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION
SHOULD BE PREPARED.
41
_ I find proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
_ I find proposed project MAY have a significant effect on the
environment, and an ADDENDUM to an existing certified Environmental
Impact Report is required.
_ I find the proposed project MAY have a significant effect on the
environment, and this effect is adequately addressed in a certified
Environmental Impact Report, and thus SUBSEQUENT USE of the existing
EIR is required.
2
DISCUSSION OF ENVIRONMENTAL EVALUATION
Minor impacts of traffic, noise, headlight glare will result; considering
that this site has been intended for this type of development, the associated
impacts will be insignificant when compared to the immediate vicinity.
The site is presently under-going the necessary grading of the individual
pads. Approval of this residential planned development permit will be
necessary in addition to a building permit to complete the project.
It is reasonable to state the same adverse environmental impacts will
occur if the project fails to be completed; if the project is not completed
a vacant, graded site would remain in an area intended for residential
development.
43
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: GlenHaven
DATE: December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. That the permit is granted for the land as described in the application
and any attachments thereto, and as shown on the plot plan submitted.
2. That the permit is granted for all of the buildings, fences, roadways,
parking areas, landscaping and other features which shall be located
substantially as shown on Exhibit "E", except or unless indicated other-
wise herein.
3. That the elevations and floor plans of all buildings shall be substantially
in conformance with the elevation plans and floor plans labeled Exhibit
C & D.
4. That subsequent to occupancy, minor changes or additions to approved
structures, fences, etc, or the construction of patio covers and accessory
structures may be approved by the Community Development Director through
issuance of a zone clearance provided that the minor change a) is consistent
with the conditions, Covenants and Restrictions (CC and R's) for the
project; b) has been approved by the applicable Homeowners Association;
c) clearly does not affect the design, integrity, or quality of the development;
and d) is consistent with the regulations of the City Zoning Ordinance.
Minor changes which do not meet these criteria will require a minor
modification of the permit to be considered by the Community Development
Director. Any changes determined to be major by the Community Development
Director will require the filing of a major modification application
to be considered by the Planning Commission.
5. That the .final design of all buildings, communal open spaces, recreational
facilities, walls and fences including materials and colors, is subject
to the approval of the Community Development Director. Variation in
roof colors is required.
6. That all requirements of any law or agency of the State, Ventura County,
and City of Moorpark, and any other governmental entity shall be met.
7. That the applicant agrees as a condition of issuance (or renewal) the
use of this permit, to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this permit, or
in the alternative, to relinquish this permit. Applicant will reimburse
the City for any court costs and/or attorney's fees which the City may
be required by a court to pay as a result of any such action. City may,
at its sole discretion, participate in the defense of any such action,
but such participation shall not relieve applicant of his obligations
under the condition.
8. That prior to zone clearance a pad certification form shall be obtained
from the Department of Public Works. Said form shall be submitted to
the Department of Community Development prior to zone clearance or issuance
of building permit.
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: GlenHaven
DATE: December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
9. That unless a zone clearance for a unit is issued within thirty-six (36)
months after the date the permit is granted, this permit shall automatically
expire on that date. The Community Development Director may, in his
discretion, grant two separate 12 month extensions for issuance of a
zone clearance for a unit in each phase, provided: a) the application
for extension is made prior to the expiration of the initial thirty-six
(36) months; b) there has been no change in the approved plans; c) there
has been no change of circumstance which will revent the preservation
of the integrity, character, utility or value of the property in the
zone and the general area in which the use is proposed to be located
or will be detrimental to the public health, safety or welfare; and d)
the permittee has diligently worked toward initiation of construction
of each the phase of the development during the initial thirty-six (36)
month period.
10. That signs are subject to the regulations of Chapter 12, Title 9 of the
Moorpark Municipal Code.
11. That a transfer of this permit shall not be effective until the name
and address of the transferee and date when such transfer shall be effective,
together with a letter from the new owner certifying agreement to comply
with all conditions of the permit is filed with the Community Development
Director.
12. That the development is subject to all applicable regulations of the
"R-P-D-4.5" (Residential Planned Development) zone.
13.a. That prior to issuance of the--zone clearance, a landscaping, planting
and irrigation plan for that phase, together with specifications and
a maintenance program, shall be prepared by a state-licensed landscape
architect. The Ventura County Guide to Landscape Plans, dated July 1982,
shall be used. The landscaping plan shall show planting within the front
yards of all residential lots in the subdivision; areas along any man-made
slopes adjacent to the developed areas and along interior streets. Land-
scaping in these areas shall incorporate drought resistant and native
plant materials as feasible, and shall be chosen to_insure adequate erosiion
control, and to mitigate the visual impacts of all man-made slopes three
feet or more in height. Landscaping shall not cover any door or window.
Landscaping at entrances and exits and intersections will not block or
screen the view of a seated driver from another moving vehicle or pedestrian,
nor be placed directly under overhead lights which could cause a loss
of light at ground level. All of the landscaping described above, with
the exception of that within individual lots, shall be maintained by
the individual homeowners.
b. Prior to preparation of the landscaping plan, the landscape architect
shall consult with the Director of Community Development regarding species
to be planted and the overall landscape concept to be used.
c. Three set of plans shall be submitted for approval to the Director of
Community Development.
45'
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: GlenHaven
DATE: December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
13.d. The applicant shall bear the total cost of such review and of final install-
ation inspection. All landscaping installation described above (with
the exception of the private recreational facilities) shall be completed
prior to issuance of the last certificate of occupancy.
14. That prior to issuance of the first zone clearance, the developer shall
submit a plan showing fencing along the side and rear yards of each residential
lot. Said fencing plan shall identify the location and materials to
be used (wrought iron, pilasters, slumpstones, etc. , but no wood) and
shall be approved by the Director of Community Development. Said fencing
shall be completed prior to the issuance of a certificate of occupancy
for the affected lot.
15. Prior to the issuance of the zone clearance a plan showing the location
of mail boxes shall be submitted to the Community Development Director
for approval upon review by the Moorpark Postmaster.
17. That all residential units shall be constructed employing energy saving
devices as may be appropriate to the State of the Art. These are to
include, but are not limited to, the following:
a. Low flush toilets (not to exceed 1-1/2 gallosn) .
b. Shower controllers.
c. Stoves, ovens and ranges, when gas fueled, shall not have continous
heating source to have night setback features.
d. All thermostats connected to the main space heating source to have
night setback features.
e. Kitchen ventilation system to have automatic dampers to insure
closure when not in use.
f. Solar panel stubouts.
g. Floor plans to demonstrate reservation of space for solar equipment
adjacent to furnace.
18. That gutters and downspouts shall be provided over all garage doors and
front entryways, unless covered.
19. If a model home complex is to be constructed, it shall be permitted within
the tract boundaries, subject to issuance of a zone clearance. A site
plan shall be submitted which indicated the location of dwelling units,
sidewalks, landscaping, fencing, patios, directional and advertising
signs, parking and lighting.
4'
•
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: GlenHaven
DATE: December 10, 1986
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
20. That prior to issuance of a zone clearance, an "Unconditional" Will-Serve
Letter for water and sewer service for that phase shall be obtained from
Ventura County District No. 1.
21. In accordance with the Residential Development Management System, an
allocation permit shall be required prior to issuance of a zoning clearance
and/or building permit.
22. A cul-de-sac shall be constructed to City standards at the existing westerly
terminus of Inglewood Avenue. Any necessary easement or agreement with
the Southern California Edison Company shall be made to complete the
cul-de-sac.
23. A garage door opener shall be provided with the residences on lots 6
and 8, to encourage use of the garage.
• 4/
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: GlenHaven
DATE: December 10, 1986
VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS
1. A licensed security guard is recommended during the construction phase,
or a 6 foot high chainlink fence shall be erected around the construction
site.
2. Construction equipment, tools, etc. , shall be properly secured during
nonworking hours.
3. All appliances (microwave ovens, dishwashers, trash compactors,etc.)
shall be properly secured prior to installation during nonworking hours.
All serial numbers shall be recorded for identification purposes.
4. If an alarm system is used, it should be wired to all exterior doors
and windows and to any roof vents or other roof openings where access
may be made.
5. All exterior doors shall be constructed of solid wood core minimum of
1 and 3/4 inches thick or of metal construction.
6. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler
operation with the locking bar or bolt extending into the receiving guide
a minimum of 1 inch.
7. All exterior sliding glass doors or windows shall be equipped with metal
guide tracks at the top and bottom and be constructed so that the window
cannot be lifted from the tract when in the closed or locked position.
8. Upon occupancy by the owner or proprietor, each unit shall have locks
using combinations which are interchange free from locks used in all
other separate dwellings, proprietorships, or similar distinct occupancies.
9. Address shall be clearly visible to approaching emergency vehicles and
mounted against a contrasting color.
10. Front door entrances shall be visible from the street.
421
CONDITIONS FOR: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1058
APPLICANT: GlenHaven
DATE: December 10, 1986
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
1. That street signs shall be installed prior to •any occupancy.
2. That prior to zoning clearance, the applicant shall submit plans to the
Ventura County Bureau of Fire Prevention for the approval of the location
of fire hydrants. Show existing hydrants on plan within 500 feet of the
development.
3. That a minimum fire flow of 1,000 gallons per minute shall be provided
at this location.
4. That fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County
Water Works Manual.
5. That all grass or brush exposing any structures shall be cleared for
a distance of 100 feet prior to framing, according to the Ventura County
Weed Abatement Ordinance.
49
MOORPARK
THOMAS C.FERGUSON STEVEN KUENY
Mayor City Manager
DANNY A WOOLARDCHERYL J.KANE
Mayor Pro Tern Mg 4,11 City Attorney
ELOISE BROWN .OrtradiNtlame PATRICK J.RICHARDS A.I.C.P.
Councilmember -a SW Director of
JOHN GALLOWAY \ Community
Councilmember Development
CUNT HARPER R.DENNIS DELZEIT
Councilmember City Engineer
THOMAS P.GENOVESE JOHN V.GILLESPIE
City Treasurer Chief of Police
I t_AN D U Al
The Planning Commission
I=15t(DIVE : Michael A. Rubin, Senior Planner
December 10, 1986
T_J 'Ts PLANNED DEVELOPMENT PERMIT NO. PD-1058 (GlenHaven)
Additional information on the above subject is provided as follows:
1. The conditions of approval of the original tract (TR-3306) are attached
(see Exhibit A) .
2. Additional Community Development Department conditions are attached
(see Exhibit B) .
3. The City Engineer's conditions are attached (see Exhibit C) .
4. The Parks and Recreation Commission is expected to review this project
at its meeting of December 17, 1986. Any conditions the Parks Commission
wishes to impose on this project will be incorporated into the Planning
Commission's resolution on this matter. The resolution will appear on
the Commission's January 5, 1987 agenda for adoption.
5. Among the original conditions of approval of the County resolution regarding
this tract were Conditions No. 10 and 38. These required the payment of an
in-lieu Park and Recreation fee (No. 10) and a payment of $1,200 per lot
toward the improvement of Moorpark and Tierra Rejada Roads (No. 38) . This
is a predecessor to the current Area of Contribution requirement. Both
these conditions were required to be satisfied prior to recordation of
the final tract map. However, the County file on this matter does not
document payment of these fees. Therefore, they have been made conditions
of approval again. If the applicant can document that these fees have
been paid, then these conditions will be considered to be satisfied. If
they have not been satisfied then the current applicable rates will be
applied.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
CONDITIONS FOR: TR-3306 APPLICANT: Nicola
RESOLUTION NO: PAGE: 1
PLANNING DIVISION CONDITIONS: -
1. That the conditions of approval of this Tentative Map supersede all
conflicting notations, specifications, dimensions, typical sections and the
like which may be shown on said map and that all of the provisions of the
Subdivision Map Act, Ventura County Subdivision Ordinance and adopted
County policies apply.
2. That all requirements of any law or agency of the State, Ventura County
and any other governmental entity shall be met.
3. That no zone clearance shall .be issued for this permit until the final tract
map has been recorded. Prior td construction, a zone clearance shall be
obtained from the Planning Division and a building permit shall be
obtained from the Division of Building and Safety.
4. That, prior to obtaining a grading permit, the Planning Director shall
approve the grading plans to insure that they meet with the intent
expressed by the tentative map.
5. That all utilities shall be placed underground.
6. That the interior noise levels of dwelling units on Lots 21 and 22 shall be
attenuated in conformance with the noise insulation standards of Chapter
1, Article 4, Section 1092 of Title 25 of the California Administrative Code.
Noise source levels shall be based upon the (1990) traffic volumes
projected along Peach Hill in the Environmental Impact Report for this
project. Determination as to whether the architectural design for these
dwelling units complies with this condition shall be made by the Building
and Safety Division prior to the issuance of building permits.
7. That prior to recordation, copies of the Covenants, Conditions and
Restrictions shall be submitted to the Planning Director for approval.
8. That prior to recordation, copies of the By-laws shall be submitted to the •
Planning Director for approval. The purpose of the Homewoners
Association shall be to oversee and maintain the architectural and aesthetic
compatibility of the developments.
9. That prior to the issuance of a building permit a planned development
permit shall be applied for and granted by the Planning Commission.
PROPERTY ADMINISTRATION AGENCY CONDITIONS:
10. That prior to recordation the applicant shall pay all fees as determined by
the P.A.A. pursuant to Ventura County Ordinance No. 3216, Sections
8297-4 et seq. for the purpose of providing fees in lieu of land dedication
for local park acquisition and/or development for the future residents of
the subdivision.
ENVIRONMENTAL HEALTH CONDITIONS:
11. That prior to occupancy adequate sanitary facilities shall be provided in
accordance with the requirements of the Environmental Health Division.
12. That prior to occupancy adequate, safe, potable supply of water shall be
provided for the occupants and users of these facilities.
13. That prior to occupancy crass-connection control devices shall be installed
on the water system in accordance with the requirements of the Ventura
County Environmental Health Division.
14. That in order to protect the public safety and prevent groundwater
pollution, any abandoned wells on the property shall be destroyed in
accordance with the Ventura County Well Ordinance prior to occupancy.
EXHIBIT " A "
• Staff Report and Recon,..i. Dation
Meeting of November 12, 1981
TR-3306 (Time Extension); Page 4
g. The design of the subdivision and the type of improvements would
not conflict with easements, acquired by the public at large, for
access through or use of the property within the proposed
subdivision;
h. There would be no discharge of waste from the proposed subdivision
into an existing community sewer system in violation of existing water
quality control requirements under Water Code Section 13000 et. seq.;
and
i. The proposed subdivision does not contain or front upon any public
waterways, rivers, streams, coastlines, shorelines, lakes or
reservoirs; and
RECOMMENDED ACTION:
1. Find that the environmental effects discussed in the EIR prepared for
Tracts 2451, 2798, and 2865, and the environmental effects of this
proposed project are similar enough to warrant the same treatment in an
El R and certify that the Tracts 2451, 2798 and 2865 El R adequately covers
the impacts of this project and pursuant to Section 15088 of the State EIR
Guidelines, that this body has reviewed and considered the information
contained therein and endorses the reasons which have been given in this
staff report for allowing the occurrence of the significant impacts identified
in the El R that was earlier prepared for Tracts 2451, 2798 and 2865; and
2. Adopt the proposed findings and a resolution recommending approval of a
one year time extension for the processing of Tentative Map No. TR-3306,
subject to the attached conditions.
Final action on this request will be taken- by the Board of Supervisors on
November 24, 1981.
Prepared by: Revie by:
Randall Richardson, AICP /4 Wg /�illidG
Case Planner 'ennis T. Davis, AICP
Manager, Planning Division
DTD:RR:IP81y
Attachments -
Exhibit 1 - Location Map
Exhibit 2 - Tract Map
Exhibit 3 - Minutes of Moorpark MAC
CONDITIONS FOR: TR-.,s06 APPLICAr4T: Nicola c Z
RESOLUTION NO: PAGE: 2
15. That prior to recordation, the applicant shall demonstrate the availability
of domestic water for all parcels created by submitting a "will-serve" letter
from a domestic water purveyor licensed by the Ventura County Division of
Environmental Health or the State of California Department of Public Health •
to the Ventura County Division of Environmental Health and the Ventura
County Public Works Agency; or
16. That at the time water service connection is made, cross-connection control
devices shall be installed on the water system in accordance with the
requirements of the Ventura County Division of Environmental Health.
17. That prior to recordation, a "will-serve" letter shall be obtained for
sewage service for each lot created. Said letter shall be filed with the
Ventura County Division of Environmental Health and the Ventura County
Public Works Agency. .
FIRE DEPARTMENT CONDITIONS:
18. That street signs shall be installed prior to occupancy.
19. That prior to construction; the applicant shall submit plans to the Ventura
County Bureau of Fire Prevention for the approval of the location of fire
hydrants. Show existing hydrants on plan within 500 feet of the
development. .
20. That a minimum fire flow of 1000 gallons per minute shall be provided at
this location.
21. That fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of'the Ventura
County Water Works Manual.
•
a. Each hydrant shall be a 6' wet barrel design, and shall have one
4" and one 2k" outlet.
b. The required fire flow shall be"achieved at no less than 20 psi
residual pressure.
c. Fire hydrants shall be spaced 500 feet on center, and so located
that no structure will be farther than 250 feet from any one
hydrant.
d. Fire hydrants shall be 24" on center, recessed in from the curb
face.
22. That all grass or brush exposing any structures shall be cieared prior to
framing, according to the Ventura County Weed Abatement Ordinance.
23. That an approved spark arrester shall be installed on the chimney of any
structure located within 200 feet of brush area.
24. That address numbers shall be installed prior to occupancy, and shall be
of contrasting color to the background and shall be readily visible at
night. The numbers shall be subject to the approval of the Planning
Director and the Fire Chief.
25. That portions of this development may be in Fire Zone 4 and shall meet
Building Code requirements for the brush zone.
PUBLIC WORKS AGENCY CONDITIONS:
26. The following Board of Supervisors' policies shall apply:
a. Access Policy
b. Paveout Policy
c. Sewer Policy
d. Street Lighting Policy
e. That all streets within the tract and Peach Hill Road adjacent to the
tract shall be dedicated prior to recordation and improved to include
concrete curb, gutter, sidewalk, streetlights, street trees, traffic
signs and paving to meet existing street improvements, in accordance
with specificaitons of Public Works Agency.
•
g3
CONDITIONS FOR: TR-3306 APPLICANT: Nicola
•
RESOLUTION NO: PAGE: 3
Prior to recordation, developer shall submit improvement plans
prepared by a Registered Civil Engineer, shall enter into an
agreement with County to complete the improvements and shall post a
bond in an amount to be approved by Public Works guaranteeing
construction of the improvements. The street tree plan shall be
prepared by a licensed Landscape Architect. The applicable Ventura
County Road Standard Plates are:
Plate B-4A - Peach Hill Road
Plate B-S - "A" Street and Clavelle Avenue
27. That prior to recordation, grading plans, drainage plans and hydraulic .
calculations shall be submitted to Public Works Agency for approval. So
that building pads, street rights of way and streets are protected from 50,
100 and 10-year storms, respectively, drainage plans and calculations shall
indicate the following conditions before and after development: quantities
of water, rates of flow, major.water courses, drainage areas and patterns,
diversions, collection systems and drainage course.
28. That prior to recordation, off site drainage acceptance deeds shall be .
obtained.
29. That prior to recordation, developer shall submit said grading and
drainage plans and hydraulic calculations prepared by a Registered Civil
Engineer, shall enter into an agreement with the County to complete the
improvements.
30. That prior to recordation, the tract shall be annexed to County Service
Area No. 14. Ornamental streetlight standards shall be installed, all
County Service Area charges paid by developer until area appears on
service area assessment rolls and for the first year thereafter, over and '
above anticipated tax revenue.
31. That if archaeological or historical materials are uncovered during land
modification activities, the site shall be preserved until a qualified
archaeologist is consulted for proper disposition of site and a concurrence
received from Public Works Agency.
32. That cut and fill slopes shall be maximum 2:1 in accordance with the
Grading Ordinance unless otherwise approved by Public Works Agency as
provided in said ordinance.
33. That an encroachment permit is required for all work within County
right-of-way.
34. That the "C" Court and Clavelle Avenue connection shall be aligned to
the satisfaction of the Public Works Agency.
35. That prior to recordation, developer shall submit soils and geology
reports to the satisfaction of Public Works Agency.
36. That prior to recordation, developer shall submit sewer and water
improvement plans prepared by a Registered Civil Engineer, shall enter
into an agreement with Waterworks District No. 1 to complete these
improvements, and shall post a bond in an amount determined by the
District guaranteeing construction of sewer improvements.
•
37. That prior to issuance of a will-serve letter from Waterworks District No.
1, all sewer and water connection fees must be paid in accordance with the
rules and regulations of the District.
38. That prior to recordation the developer shall contribute 1,200 per lot for
improvements to Moorpark/Tierra Rejada Roads.
RR:IP72r
511.1
•
CONDITIONS FOR: PLANNED DEVELOPMENT PERMIT NO. PD-1058
APPLICANT: GlenHaven
DATE: December 10, 1986
ADDITIONAL COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. The two existing mature trees on the site, located within close proximity to Peach
Hill Rd. shall not be removed and shall be protected during construction to the
satisfaction of the Director of Community Development.
2. Second story windows on the rear elevations shall not provide a direct line
of sight to the neighboring properties to the rear (south).
3. - all be reviewed by the Parks and Recr- - • • • .... .
the purpose of makin: .e.icating land for park purposes
• : •. 'went of an in-lieu fee.
'
4. uance of a zone clearance the applicant shall pay all fees •
. to the City of Moorgarr-Maft-lcipal Code, Sections 827•-. - _ •r t e
purpose of providing fees in lieu • .. •r local park acquistion
and/or develo.i•- • - .. • acilities for the future residents • .-
S.r
I
5. If any hazardous waste is encountered during the construction of this project,
all work shall be immediately stopped and the Ventura County Environmental
Health Department, the Fire Department, the Sheriff's Department and the
City Inspector shall be notified immediately. Work shall not proceed until
clearance has been issued by all of these agencies.
NOTE: Corrections per January 5, 1987 staff report.
EXH=B=T " B "
s
CONDITIONS FOR: PLANNED DEVELOPMENT PERMIT NO. PD-1058
APPLICANT: GlenHaven
DATE: December 10, 1986
CITY ENGINEER CONDITIONS
1. Prior to occupancy of any of the units, the developer shall install two-way'::
stop signs on North Clavelle Avenue at East Inglewood Street complete with
appropriate pavement markings to the satisfaction of the City Engineer.
2. Prior to occupancy of any of the units, the developer shall paint red curb
markings on the west side of North Clavelle Avenue between the curb return
and the first driveway south of East Inglewood Avenue to the satisfaction
of the City Engineer.
3. Prior to issuance of a zone clearance the developer shall deposit with the
City of Moorpark a contribution for the Moorpark Road/Tierra Rejada Road
Improvement Area of Contribution. The actual deposit shall be the then
current Moorpark Road/Tierra Rejada Road Improvement Area of Contribution
applicable rate at the time the zone clearance is issued.
EXHIBIT " C ••
ORDINANCE NO. 72
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
ADDING SECTION 1.01.320 TO CHAPTER 1.01 OF TITLE 1
OF THE MOORPARK MUNICIPAL CODE, MAKING APPLICABLE
THE PROVISIONS OF SECTION 1094.6 OF THE CALIFORNIA
CODE OF CIVIL PROCEDURE, PROVIDING FOR JUDICIAL
REVIEW OF ADMINISTRATIVE DECISIONS.
WHEREAS, Section 1094.6(g) of the Code of Civil Procedure of the
State of California permits the governing body of a local agency to adopt an
ordinance making Section 1094.6 of said Code of Civil Procedure applicable
to such local agency; and
WHEREAS, the City Council finds and determines that such will provide
an orderly and reasonable procedure for the review of administrative decisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 1.01.320 is hereby added to Chapter 1.01
of Title 1 of the Moorpark Municipal Code, to read as follows:
"Section 1.01.320. The provisions of Section 1094.6
of the California Code of Civil Procedure are applicable
to the City of Moorpark."
SECTION 2. That this ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 3. The City Clerk shall certify to the passage and adoption
of this ordinance; shall enter the same in the book of original ordinances of said
City; shall make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted, and shall,
within fifteen days after the passage and adoption thereof, cause the same to be
published once in the Moorpark News, a weekly newspaper of general cir-
culation, as defined in Section 6008 of the Government Code, for the City of
Moorpark, and which is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 1986.
Mayor of the City of Moorpark, California
ATTEST:
City Clerk
(SEAL)
ITEM
S I(
RESOLUTION NO. 86-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DENYING THE APPLICATION OF SUN EXPLORATION
AND PRODUCTION COMPANY (SUN OIL) FOR CONDITIONAL USE PERMIT
CUP-4502.
WHEREAS, at duly notice public hearings on December 11, 1985, and
January 8, 1986, the Moorpark Planning Commission considered the application of
Sun Exploration and Production Company (Sun Oil) , requesting a Conditional Use
Permit (CUP-4502) to approve the drilling of one (1) exploratory oil well on
property located approximately 6,000 feet southwest of the intersection of
Los Angeles Avenue and College View Avenue, in the City of Moorpark; and
WHEREAS, after careful consideration, the Planning Commission reached
its decision in the matter, as is set forth in its Resolution No. PC-86-74,
adopted January 22, 1986, recommending denial of said Conditional Use Permit
No. CUP-4502; and
WHEREAS, public notice having been given in time, form and manner
as prescribed by law, the City Council of the City of Moorpark has held a public
hearing, has received testimony regarding said application, has duly considered
the entitlement applied for and the information contained in the Mitigated
Negative Declaration, has determined that the entitlement applied for would
have a significant effect on the environment, and has reached it decision in
the matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. That the application of Sun Exploration and Production
Company (Sun Oil) for Conditional Use Permit No. CUP-4502 is hereby denied
without prejudice under the permitted findings as follows:
"The proposed use would impair the integrity and character
of the zone and area in which it was proposed to be located".
"The proposed use would be detrimental to the public interest,
health, safety, convenience, and welfare".
SECTION 2. That this resolution shall take effect immediately.
SECTION 3. That the City Clerk shall certify to the passage and
adoption of this resolution.
PASSED AND ADOPTED this day of June, 1986.
Mayor of the City of Moorpark, CA.
ATTEST:
City Clerk
(SEAL)