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Home My WebLink AboutRES CC 1990 694 1990 0711RESOLUTION NO. 90 -694 A RESOLUTION OF THE MOORPARK CITY COUNCIL APPROVING CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION REPORTING AND MONITORING PROGRAM AS ADEQUATE FOR PLANNED DEVELOPMENT PERMIT NO. 1062, AND INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Whereas, at duly noticed public hearing on April 18, May 2, May 16 and June 20, 1990, the City Council considered the application filed by the Embassy Plaza No. 16 Ltd. requesting approval to add a freestanding single story, 7,918 sq.ft. building to the northwest portion of the proposed 4.5 acre neighborhood commercial center. The center is located at the intersection of Spring Road and Tierra Rejada Road. Whereas, the City Council after review and consideration of the information contained within the staff reports dated June 26, June 12, and May 8, 1990 and the Mitigated Negative Declaration has found that the subject project will not have a significant effect on the environment, and has reached its decision in the matter; and Whereas, at its meeting of June 20, 1990 the City Council opened the public hearing, took testimony from all those wishing to testify, directed staff to prepare a resolution for the Planning Commission's decision; Now, therefore, the City Council of the City of Moorpark, California, does resolve as follows: Section 1. The Planning Commission finds and determines as follows: A. Planned Development Permit No. 1062, Major Modification No. 1 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Mitigated Negative Declaration has been prepared for these projects and notice has been provided to the public through direct mailing to owners of property within 300 feet of the project sites and through the publication of a notice in a newspaper of general circulation in the area affected by the proposed projects. 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. Rev. 27Jun90 D. The City Council evaluated the proposed Mitigated Negative Declaration and has determined it to be adequate and complete. Section 2. A 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 Mitigated 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. Mitigation measures identified in the 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 included in the attached Negative Declaration are incorporated herein by reference, and have been included as conditions of approval for the referenced project. Section 3. A mitigation reporting and monitoring program has been prepared for Planned Development Permit No. 1062, 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 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. The action with the forgoing direction was approved by the following roll call vote: Ayes:000NCILMEMBERS BROWN, HARPER, LAWRASON, MONTGOMERY Noes :AND MAYOR PEREZ NONE Passed, approved and adopted Attest: Passed, approved & JULY 11. 1990. Rev. 27Jun90 JULY 11, 1990 VV Mayor by Resolution No. 90 -694 dated 1. E'/'\"H I BIT � _ 14 MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM EARTH Mitigation Prior to issuance of a Zoning Clearance, the applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a registered Civil Engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. If grading is to take place during the rainy season (October through March), an erosion control plan shall be submitted with the grading plan to the City Engineer for review and approval prior to the start of construction. A required erosion control measure shall be that all graded slopes would be hydroseeded or landscaped within 60 days of the completion of grading. To minimize compaction of soils a detailed soils report shall be submitted by the applicant prior to Zoning Clearance and in addition, the building pad area must be compacted per City Code to support the structure. Reporting and Monitoring Prior to issuance of Zoning Clearance, the case planner shall contact the City Engineer's office to determine conformance with the grading plan requirement. The City Engineer shall be responsible for determining whether an erosion control plan is required prior to issuance of a grading permit. The City Engineer, or his designee, shall monitor the project during construction to ensure that any required hydroseeding is accomplished, and shall document compliance by preparing a memorandum for the project file prior to approval of occupancy. 2. WATER Mitigation The use of a storm drain system, cross - gutters, and surface streets would reduce potential impacts to a level of insignificance. Moreover, prior to issuance of a Zoning Clearance, the applicant is required to submit a drainage plan to the City Engineer for review and approval. Reporting and Monitoring Prior to the 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. 15 3. NOISE Mitigation To mitigate the potential noise impact on the adjoining residential properties, all roof top mechanical equipment and other noise generation sources onsite shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a Zoning clearance for initial occupancy or any subsequent tenant occupancy, the Director of Community Development may request that the noise study or a certificate from a Licensed acoustical Engineer be submitted for review and approval which demonstrates that all onsite noise generation sources would be mitigated to the required level. 4. LIGHT AND GLARE Mitigation Prior to issuance of a Zoning Clearance, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize onsite and offsite glare; provide adequate onsite lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14 ) feet. C. Fixtures must possess short cut -off qualities with a maximum of one foot candle illumination at property lines. d. Average maximum of one foot candle illumination. e. There shall be no more than a seven -to -one (7:1) ratio of level of illumination shown (maximum to minimum ratio 16 between light standards). f. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. g. No light shall be emitted above the 90 degree or horizontal plane. Revortina and Monitorin Prior to issuance of a Zoning Clearance, the Director of Community Development shall review and approve the requiered lighting plan. The staff planner shall document this approval in the file. 3. AESTHETICS /VISUAL IMACTS The architectural treatment of building no. 3 is integrated well with that of the main building and is compatible with the scale, and proportion of the neighborhood Commercial center. WW /90321A BERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Counclmember PAUL W. LAWRASON, Jr. Counclmember LILLIAN KELLERMAN City Clerk MOORPARK STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE i City Attomey PATRICK RICHARDS. A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. gn-Rg4 was adopted by the City Council of the City of Moorpark at a meeting held on the 11TH day of 1ULY , 1990, and that the same was adopted by the following vote: COUNCILMEMBERS BROWN, HARPER, LAWRASON, MONTGOMERY AYES: AND MAYOR PEREZ NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this — 2TOay of .1111 Y 1990. illian E. Kel a an City Clerk 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864