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HomeMy WebLinkAboutRES CC 1989 575 1989 0621RESOLUTION NO. 89 -575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVING THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT WHEREAS, pursuant to Sectirin_15950 !b4 of the California Environmental Quality Act (CEQA) the Moorpark City Council (the "City Council ") must certify that it has reviewed and considered the information contained in the Final Environmental Impact Report (the "FEIR") prior to approving the Proposed Project; and WHEREAS, a report to the City Council has been prepared by the Moorpark Redevelopment Agency (the "Agency "), pursuant to Section 33352 of the California Community Redevelopment Law (CCRL), and transmitted to the City Council at the Joint Public Hearing for the Council's consideration and approval; and WHEREAS, pursuant to Section 33357 of the CCRL, the Agency is directed to submit the Proposed Redevelopment Plan (the "Redevelopment Plan ") to the Legislative Body for the Legislative Body's approval, pursuant to Section 33359 of the CCRL. THE CITY COUNCIL OF THE CITY OF MOORPARK HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Agency hereby certifies that the FEIR on the Redevelopment Plan for the Moorpark Redevelopment Project (the "Project ") was completed pursuant to the provisions of CEQA and the guidelines thereto and that the Council has reviewed and considered the contents of the FEIR prior to deciding whether to approve the Redevelopment Plan. With respect to the potential significant environmental effects identified in the FEIR, the Council finds as follows: 1. A. The FEIR identifies the impact on traffic circulation as a potentially significant short -term environmental effect. However, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. To mitigate potential short -term impacts, standard safety precautions, e.g., flagmen, detours and warning signs, will be used during project construction. As part of the Plan's implementation, significant traffic/ circulation system improvements will be made to the betterment of existing negative conditions. Generally, improvements to Project Area roadways will include, but not be limited to, widening of streets, street resurfacing, street light improvements, installation and repair of curbs, gutters and sidewalks, upgrading of traffic control devices and miscellaneous alleyway reconstruction. Any major changes to circulation patterns shall be coordinated with city, county and regional planning and transportation bodies. B. The FEIR identifies short -term noise impacts as a potentially significant environmental effect. However, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. All redevelopment activities shall adhere to the policies and actions outlined in the noise element of the Moorpark General Plan. Construction activities will be limited to daylight hours. Contractors hired by the Agency will be required to meet USGSA Construction Noise Specifications. Appropriate building setbacks and noise barriers (such as sound walls) will be incorporated into new developments and all future developments generated through implementation of the proposed Plan shall be in compliance with the City's General Plan and Zoning Ordinance, thereby, ensuring land use compatibility. C. The FEIR identifies the impact upon air quality as a potentially significant environmental effect. However, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant 2 environmental effect as identified in the FEIR. No project shall be allowed by the Agency that is inconsistent with the Regional Air Quality Plan. Additionally, other considerations which would further lessen the impact upon air quality and which is within the jurisdiction of the City are as follows: 1) The Agency should participate with the Regional Air Quality Management District and the County of Ventura in developing long -term solutions regarding regional air quality. 2) Specific development projects should be reviewed for individual and cumulative impacts upon the local and regional air cell during the appropriate stage of planning. 3) Watering, as a means of dust control should be used. 4) Measures to reduce vehicle trips rather than vehicle miles traveled should be encouraged. Such measures might include mass transit, ridesharing and use of alternative forms of individual transportation such as bicycles. These measures should be adopted by the City. D. The FEIR identifies the impact on public services and utilities as a potentially significant environmental effect. However, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. The FEIR mandates that water distribution system expansion/ improvement projects shall precede or be concurrent with all growth inducing projects, as necessary. Such necessity shall be determined by the Lead Agency prior to its approval of growth inducing projects. The need for specific project environmental analyses shall be determined in accordance with sections 15162, 15163 and 15168 of CEQA. The Redevelopment Plan provides for substantial improvements to be made to the City's water, drainage and flood control facilities. Projects will be encouraged to use water conserving plumbing and landscaping. If the Redevelopment program results in school enrollment increases, the Agency shall make a good faith effort to enter into reasonable agreements with the School District to off -set demonstrated impacts of the enrollment increases. Developers in the Project Area shall be 3 encouraged to: 1) coordinate with Southern California Editon (SCE) regarding the location and phasing of required on -site electrical facilities, 2) consult with SCE regarding current energy conservation techniques, and consider the use of energy- efficient architecture and landscape design. The Agency shall do the same. On -site electrical lines will be installed underground. Developers shall be encouraged to consider building and landscape design to facilitate solar heating and efficient heating - cooling. The Agency shall do the same. Service of natural gas to the _ y Project Area should be in accordance with Southern California Gas Company policies and extension rules. Pacific Bell must be consulted before construction projects commence. Installation of underground telephone cables shall be encouraged. One other consideration which would lessen the impact on community facilities and services and which is within the jurisdiction of the City, is a requirement that police services and facilities be expanded to keep abreast of new growth with.,) the Project Area and city as a whole. This measure should be adopted by the City. E. The FEIR identifies the impact on earth resources as a potentially significant environmental effect. However, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. Geotechnical and soils engineering reports shall be prepared in conjunction with the preparation of preliminary design layouts and grading plans for construction projects being developed with the Project Area. These studies will determine adequate procedures for dealing with hazardous soil conditions and geologic hazards identified within the FEIR; the recommendations contained within those reports shall be adhered to when grading is undertaken, or buildings or roadways are designed and constructed. All rehabilitation and new development projects shall be designed in accordance with current and applicable Uniform Building Code standards and other city, county, state and federal regulations 4 and guidelines. Foundation and grading plans shall be subject t^ the approval of the City Building Department. Large structures or subdivisions shall be approved only after geology reports have been prepared to locate any surface stress of the Simi and Fairview faults. Appropriate setback distances must be designated in those instances where projects are in proximity to any surface traces of those faults. Finally, erosion control plans shall be implemented, where appropriate, for hillside development during and immediately following construction of affected projects. F. The FEIR identifies the short term impact on public health and safety as a potentially significant environmental effect. However, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. Standard safety precautions, e.g., rerouting of traffic, use of flagmen, daytime construction hours use of exhaust and noise filters and watering of soil during grading to reduce dust, shall be employed during all construction phases in order to lessen hazards to the general public. The need for additional environmental assessment shall be determined by the Agency on a project -by- project basis in accordance with Sections 15162, 15163 and 15168 of CEQA. G. The foregoing mitigation measures avoid or substantially lessen the potentially significant environmental impacts of the Plan identified in the FEIR. Further, the social, economic and other benefits of the project outweigh any unavoidable adverse impacts that may occur. Due to such overriding benefits and considerations, the Agency finds that any unavoidable adverse environmental impacts of the Plan are acceptable. The Project will revitalize and upgrade the Project Area by increasing sales tax revenues, providing adequate roadways, reducing the hazard of flooding, providing improved housing opportunities, providing improvements to community facilities, correcting deficiencies in the public infrastructure and promoting aesthetic improvements. 5 Implementation of the Plan will also help accelerate achievement of General Plan goals for land uses within the Project Area. The project alternatives identified in the FEIR either would not achieve the objectives of the project or would so so only with unacceptable adverse impacts. Accordingly, and for the reasons set forth herein and in the FEIR, none of the alternatives are feasible, nor are the alternatives environmentally superior. Each alternative analyzed, including the no- project alternative, reduced project areas and sizes, reduced redevelopment activities, and alternative financing techniques, limit the Agency's ability to correct current environmental problems such as deficiencies in the roadway infrastructure which create traffic hazards, and deficiencies in the drainage system which create flooding hazards. Furthermore, these alternatives lessen the Agency's ability to accelerate the achievement of General Plan land use goals. An alternative site was not considered feasible because the redevelopment of an alternative site would not address the conditions of blight present in the Project Area. This paragraph constitutes a statement of overriding considerations pursuant to the California Environmental Quality Act. Section 2. The City Council hereby adopts the mitigation monitoring program contained in Section 7.0 of the EIR to monitor the changes to the project which have been adopted or made a condition of project approval in Section 1 of this Resolution. Section 3. A full and fair joint public hearing regarding the proposed Plan has been duly noticed and held by the City Council and the Agency pursuant to law and the City Council and Agency have received written and oral testimony concerning such Plan and the City Council has duly considered the recommendations of the Agency and has evaluated the Report to the City Council, which is the reports and information required by Health and Safety Code Section 33352, and all evidence and testimony for and against such proposed Plan, and has adopted written findings in response to each written objective, if any, of an affected property owner or taxing entity, which written findings describe the disposition of 6 the issues raised and give reasons for not accepting specified objections and suggestions. All objections to such Plan were heard and passed upon by the City Council and the Agency and are hereby overruled by the City Council. All proceedings relating to such Plan have been duly conducted and completed as provided by law. Section 4. The Redevelopment Plan for the Moorpark Redevelopment Project, a copy of which has been presented to the City Council and which is now on file in the office of the City Clerk, is hereby approved. Section 5. The mitigation measures recommended by the Final EIR for the Redevelopment Plan for the Project Area are hereby adopted. PASSED, APPROVED and ADOPTED this 21st day of June, 1989. AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown. NOES: None. ABSENT: None. ABSTAIN: None. i Mayor ATTEST: rA MOORPARK ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 89 -575 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of June , 1989, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this 30th day of June 1989. L i I 14zn-*--.Ke I I e rmi n 799 Moorpark Avenue Moorpark. California 93021 (805) 529 -6864