HomeMy WebLinkAboutRES PC 2018 634 2018 1127 RESOLUTION NO. PC-2018-634
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL DENIAL OF VESTING TENTATIVE TRACT MAP
NO. 5437 AND A ONE-YEAR EXTENSION OF RESIDENTIAL
PLANNED DEVELOPMENT (RPD) PERMIT NO. 2004-05 FOR 21
HOMES ON RESIDENTIAL LOTS AND 1 OPEN SPACE LOT ON
APPROXIMATELY 42.4 ACRES ON THE EAST SIDE OF
WALNUT CANYON ROAD AT CHAMPIONSHIP DRIVE, ON THE
APPLICATION OF BIRDSALL GROUP, LLC
WHEREAS, on May 17, 2006, the City Council approved Vesting Tentative Tract
Map No. 5437 and RPD Permit No. 2004-05 for 21 homes on residential lots and 1
open space lot on approximately 42.4 acres on the east side of Walnut Canyon Road at
Championship Drive. The Vesting Tentative Tract Map and Residential Planned
Development Permit approvals have since expired; and
WHEREAS, on January 16, 2018, an application was submitted by Birdsall
Group, LLC (Scott Birdsall) for re-approval of Vesting Tentative Tract Map No. 5437 and
a one-year extension of RPD Permit No. 2004-05; and
WHEREAS, at duly noticed public hearings on August 28, 2018 and November
27, 2018, the Planning Commission considered Vesting Tentative Tract Map No. 5437
and a one-year extension of RPD Permit No. 2004-05; and
WHEREAS, at its meetings of August 28, 2018 and November 27, 2018, the
Planning Commission considered the agenda report and any supplements thereto and
written public comments; opened the public hearing and took and considered public
testimony both for and against the proposal; and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined this project is
consistent with the Mitigated Negative Declaration adopted for the original project, in
that there are no substantial changes to the project which will require revisions to the
previously adopted Mitigated Negative Declaration, there are no changes to the
circumstances under which the project is undertaken that would require revisions to the
previously adopted Mitigated Negative Declaration, and there is no new information of
substantial importance that shows that the project would have one or more significant
effects not discussed in the previously adopted Mitigated Negative Declaration, or that
significant effects previously examined will be substantially more severe than shown in
the previous Mitigated Negative Declaration and that no additional environmental review
is required.
Resolution No. PC-2018-634
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the Community Development Director determination that this
project is consistent with the Mitigated Negative Declaration adopted for the original
project, in that there are no substantial changes to the project which will require
revisions to the previously adopted Mitigated Negative Declaration, there are no
changes to the circumstances under which the project is undertaken that would require
revisions to the previously adopted Mitigated Negative Declaration, and there is no new
information of substantial importance that shows that the project would have one or
more significant effects not discussed in the previously adopted Mitigated Negative
Declaration, or that significant effects previously examined will be substantially more
severe than shown in the previous Mitigated Negative Declaration and that no additional
environmental review is required.
SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission finds the proposed one-year extension of
RPD Permit No. 2004-05 is consistent with the original findings because there have
been no changes in the adjacent areas, the applicant has worked diligently towards use
inauguration during the initial period of time, and the one-year extension will not change
the findings in the original Mitigated Negative Declaration prepared for the project.
SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information
set forth in the staff report(s) and accompanying maps and studies the City Council has
determined the Vesting Tentative Tract Map, with imposition of the attached special and
standard Conditions of Approval, does not meet all the requirements of California
Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map would be consistent with the City of Moorpark General Plan
and Zoning Ordinance if amended by General Plan Amendment No. 2004-03 and
Zone Change No. 2004-02 to allow for a Residential Planned Development at a
density up to one (1) unit per acre.
B. The design and improvements of the proposed subdivision are consistent with
the City of Moorpark General Plan if amended by General Plan Amendment No.
2004-03 and Zone Change No. 2004-03 for a Residential Planned Development
to allow for a density up to one (1) unit per acre.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
Resolution No. PC-2018-634
Page 3
D. The site is physically suitable for the proposed density of development of one (1)
unit per acre, in that all City Development standards would be met by the
proposed project while preserving 19.63 acres of the project site as open space.
E. The design of the subdivision and the proposed improvements are likely to cause
substantial environmental damage, in that noise and construction impacts would
not be mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. The design of the subdivision and the type of improvements will conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that reciprocal access easements for
improvements between Tract 5045 (Pardee) to the east and the site have not
been perfected.
H. There will 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.
I. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly
site at elevations between 770 and 900 feet, away from any public waterways.
SECTION 4. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council denial of a one-year
extension of Residential Planned Development 2004-05.
B. The Planning Commission recommends to the City Council denial of Vesting
Tentative Tract Map No. 5437.
Resolution No. PC-2018-634
Page 4
SECTION 5. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioner Haverstock, Vice Chair Aquino, and Chair Hamous
NOES: Commissioners Di Cecco and Landis
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 27th day of Novem. -r, 2018.
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13' 'Wl-amousj Chair
Joseph r 7',Acti • ' mmunity Development Director