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HomeMy WebLinkAboutRES CC 1990 629 1990 0207RESOLUTION NO. 90 -629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA CERTIFYING THE FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION REPORTING AND MONITORING PROGRAM AS ADEQUATE FOR DEVELOPMENT PLAN PERMIT NO. 348 MAJOR MODIFICATION NO. 1, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Whereas, at a duly notice public hearing on January 17, 1990, the City Council considered the application filed by A to Z Self- Storage requesting approval to conduct a broker - referral service for rental trucks and trailers; the sale of packaging materials; the installation of copy /fax machine for office use; and Sunday operation on the subject property located north of Los Angeles Avenue, approximately 210 feet east of Goldman Avenue. Whereas, the City Council after review and consideration of the information contained in the staff report dated January 17, 1990 and the Mitigated Negative Declaration has found that the subject property with the revised proposals (pg. 3, staff report of January 3, 1990) will not have a significant effect on the environment, and has reached its decision in the matter, and Whereas, the Planning Commission held a public hearing on December 4, 1989 and December 20, 1989, adopted Resolution No. PC -89 -206, recommending that the City Council deny Development Permit No. DP -348 Major Modification No. 1 based on the findings contained in the staff report dated December 4, 1989. Whereas, at its meeting of January 17, 1990, the city Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, and directed staff to prepare a resolution for the city Council's decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines as follows: A. Development Plan Permit No. DP -348 Major Modification No.l is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Mitigated Negative Declaration has been prepared for this project and notice has been provided to the public through direct mailing to owners of property within 300 feet of the project site and through the publication of a notice in a newspaper of general circulation in the area affected by the proposed project. C. Whereby, the City Council of the City of Moorpark has considered evidence presented by the Director of Community Development and other interested parties with respect to the subject Mitigated Negative Declaration. D. The City Council has evaluated the proposed final Mitigated Negative Declaration and has determined it to be adequate and complete. Section 2. A Final Mitigated Negative Declaration has been completed in compliance with CEQA and State Guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. On the basis of the Initial Study and the fact that no comments were received during the public review process, the City Council has found that there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of the project because mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to a point where clearly no significant effects will occur. The mitigation measures identified in the Mitigated Negative Declaration are incorporated herein by reference, and have been included as conditions of approval for the referenced projects. Section 3. A Mitigation Reporting and Monitoring Program has been prepared for Development Plan Permit No. DP -348 Major Modification No. 1 in compliance with Section 21081.6 of the Public Resources Code. The Mitigation Reporting and Monitoring Program is included in the attached Mitigated Negative Declaration prepared for the subject project. The City Council has received and considered the Mitigation Reporting and Monitoring Program, incorporated herein by reference, prior to making a recommendation on the proposed project. This action with the foregoing direction was approved by the following roll call vote: AYES: COUNCILMEMBERS BROWN, HARPER, MONTGOMERY, PEREZ AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE PASSED, APPROVED AND ADOPTED THIS DAY OF JANUARY 17, 1990. "Lawrasoft-"' Jam' Pa r ATTEST : DP -348 Major Modification No. I Page -1- A-Z Self- Storage February 7, 1990 MITIGATION MBASURES AND REPORTING AND MONITORING PROGRAM 1. NOISE: Mitigation: Prior to issuance of a zoning clearance the following mitigations shall be adopted: a. Reduce hours of operation to occur between 8:00 a.m. to 8:00 p.m. during weekdays and 10:00 a.m. - 4:00 p.m. on Sundays. Sunday operation shall not be effective until the easterly wall is raised or additional landscaping is installed all along the east property line. b. The applicant shall provide new landscaping as a buffer on the adjacent single family residences, if the adjacent home owners choose this option after a meeting to be arranged with the Community Development Director. The landscape materials to be installed by and at the expense of the applicant, must be approved by the Director of Community Development. C. Consider the possibility of increasing the height of the 9 foot wall along the eastern property line of the project site. Reporting and Monitoring: For mitigation conditions b, and c, a revised landscape plan and /or a wall plan shall be submitted to the Department of Community Development for review and approval prior to zoning clearance or a change in hours of operation. The Code Enforcement Officer for the City would be responsible for the monitoring of Condition No. a. Monitoring will only occur if a complaint is received regarding the hours of operations which are in violation of that approved by the City Council. The Code Enforcement Officer will provide written notice of violation as required. If a second violation notice is required, the owner of the property will be required to pay a penalty fee equaling double the cost to the City for enforcement activities beginning with the initial inspection. The City will place a lien on the property if the fee is not paid and there is continued violation of the outdoor repair work restriction. The Community Development Department will also have the option of scheduling a public hearing before the City Council recommencling a portion or all of the funds in the Performance Bond ($10,000) t forfeitecl for continual violation of this condition. dp348A.doc\pcs36 DP -348 Major Modification No. l Page -2- A-Z Self - Storage February 7, 1990 2. CIRCULATION: Mitigation: a. Full improvements and the widening of Los Angeles Avenue which would be carried out by both the City and the developer. b. After the City has the applicant shall sidewalk, paving, irrigation systems) right -of -way. Reporting and Monitoring: completed the widening of Los Angeles Avenue, provide full street improvements (meandering curb, gutter, tree wells, landscape and along Los Angeles Avenue in the State Highway The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Prior to issuance of a zoning clearance, the staff planner shall contact the City Engineer's Office to determine compliance with this condition and shall document compliance by placing a note in the project file. dp348A.doc\pcs36 1*16-- 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. 90 -629 _ was adopted by the City Council of the City of Moorpark at a meeting held on the _ 7th day of February , 1990, and that the same was adopted by the following vote: AYES:000NCILMEMBERS BROWN, HARPER, MONTGOMERY, PEREZ AND MAYOR LAWRASON NOES:NONE ABSENT:NONE ABSTAIN:NONE WITNESS my hand and the official seal of said City this 8th February , 1990. Lillian E. Kelleripin day of 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864