HomeMy WebLinkAboutRES CC 2022 4062 2022 0105 RESOLUTION NO. 2022-4062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION
NO. 2009-2799 AND ESTABLISHING A NEW PROCESS
TO APPLY CONDITIONS OF APPROVAL TO
DISCRETIONARY ENTITLEMENTS
WHEREAS, on March 18, 2009, the City Council of the City of Moorpark adopted
Resolution No. 2009-2799 approving the use of Standard Conditions of Approval (COA)
for entitlement projects; and
WHEREAS, on January 15, 2020, the City Council received a report titled
"Community Development Organizational Audit" which was prepared by Management
Partners, Incorporated and included several recommendations to improve and
streamline the development review process administered by the Community
Development Department. Recommendations include editing the standard conditions to
remove redundant requirements that appear in state or local laws, rescind Resolution
No. 2009-2799 to clarify that standard COA are to be applied and scaled commensurate
with each development project and to expand the role of the Development Review
Committee (DRC) to cover the pre-submittal, condition and mitigation measure setting,
and condition compliance phases of development review, and oversee the annual
omnibus review process; and
WHEREAS, consistent with case law, California State Government Code and
best practice guidance from the League of California Cities, Institute of Local
Governments, and the American Planning Association, COA are to be prepared for
each project based on the location, use and unique nature of each request, and
showing a nexus and reasonable relationship to the impacts generated by a project; and
WHEREAS, on December 15, 2021, the City Council considered an agenda
report and any supplements thereto and written public comments; opened the public
hearing and took and considered public testimony; closed the public hearing and
reached a decision on this matter; and
WHEREAS, pursuant to Section 15060(c)(2) of the California Environmental
Quality Act (CEQA) Guidelines, if the proposed activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment, a project is not
subject to CEQA. In addition, pursuant to Section 15060(c)(3) of the CEQA Guidelines,
if the activity is not a project as defined in Section 15378, the action is not subject to
CEQA. A project does not include organizational or administrative activities or internal
procedures of governments that will not result in direct or indirect physical change in the
environment. Lastly, pursuant to Section 15061(b)(3) of the CEQA Guidelines, a project
is not subject to CEQA "where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment".
Therefore, the Community Development Director has determined that the proposed
resolution is exempt from environmental review, pursuant to Sections 15060(c)(2),
15060(c)(3), and 15061(b)(3) of the CEQA Guidelines and no further environmental
documentation is required.
Resolution No. 2022-4062
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination that the action to rescind Resolution No. 2009-2799 is not a
project, would have no foreseeable environmental impacts, and is therefore not subject
to the California Environmental Quality Act.
SECTION 2. Resolution No. 2009-2799 is hereby rescinded.
SECTION 3. CONDITIONS OF APPROVAL PROCESS: The City Council
approves Resolution No. 2022-4062, outlining the administrative process for preparation
and submission of draft COA, prepared by staff and the DRC, to the Planning
Commission and or City Council as defined by the Moorpark Municipal Code. Adoption
of COA shall be made for each project, as approved or modified by the final decision-
making body.
SECTION 4. 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 5th day of January, 2022.
J.nice S. Parvin, Mayor
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Resolution No. 2022-4062
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2022-4062 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 5th day of
January, 2022, and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 5th day of January,
2022.
(-1jKy Spgl r, Cit Jerk
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