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HomeMy WebLinkAboutRES CC 1991 799 1991 10023 RESOLUTION NO. 91-799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING WITH PREJUDICE LDN -91 -2 AND RPD -91 -1 ON THE APPLICATION OF BIBO, INC., ASSESSOR'S PARCEL NO. 506- 0 -02 -48 Whereas, at a duly noticed public hearing on September 18, 1991, the City Council considered the applications filed by BIBO, Inc. requesting approval of a) A land division to subdivide an existing 8.79 acre parcel into four lots consisting of 1.38 acres, 2.53 acres, 3.71 acres and 1.17 acres; and b) A Residential Planned Development Permit for construction of a multi- family apartment project with a total of 100 affordable residential units; and Whereas, the proposed projects are located in the City of Moorpark, south of Los Angeles Avenue, east of Moorpark Avenue, west of Freemont Street and both north and south of the easterly extension of Majestic Court. Whereas, at its meeting of September 18, 1991, the City Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearing; and Whereas, the City Council has received information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program, and testimony; and has found that the project will have a significant adverse impact on the public health and safety which cannot be satisfactorily mitigated without rendering the project unaffordable; and Whereas, the City Council has received information that denial with prejudice of the Residential Planned Development Permit is necessary because the applicant has indicated an unwillingness to comply with conditions of approval pursuant to the Mitigation Measures in the Mitigated Negative Declaration which are necessary in order to comply with CEQA, thus creating an adverse hazardous safety and health situation; and has reached its decision on this matter; and Whereas, the City Council has received information that denial of the Land Division Map is necessary because the applicant is unwilling to comply with traffic mitigation measures in the Mitigated Negative Declaration which are necessary in order to comply with CEQA, and as such the design of the subdivision and the lack of access improvements to Millard Street will render the land division unsuitable for the type of development proposed. 09920r91 111 +34amAr\CC.RBs NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California {beginning at Section 21000}), the Planning Commission of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project 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. SECTION 2. The City Council hereby adopts finding Nos. 1, 2, and 4 in the City Council staff report dated September 4, 1991 and said reports are incorporated herein by reference as though fully set forth. SECTION 3. That the City Council hereby denies with prejudice the 100% affordable residential apartment project on the application of BIBO, Inc., because: 1) the proposed apartment units will have a significant adverse impact on the public health and safety which cannot be satisfactorily mitigated without rendering the project unaffordable, 2) the applicant has not agreed to imposition of all of the Mitigation Measures in the Mitigated Negative Declaration which are necessary in order to comply with CEQA without rendering the project unaffordable, 3) approval of the project would increase the concentration of lower income households in a neighborhood that already has a disproportionately high number of lower income households. The significant adverse impacts will be created for the following reasons: 1. That interior open space area of the proposed apartments has been reduced by the applicant in order to accommodate required parking. The applicant has not provided adequate recreational facilities (such as a swimming pool) other than providing tot lots for young children, thus creating potential liability problems for the adjacent residents who have recreational facilities. 2. There are no one bedroom units within the proposed complex which would help reduce the potential demand for parking. The project does not provide sufficient on -site parking required by the City's Zoning Ordinance. The lack of adequate parking will exacerbate an existing 09r20r91 111r34&Mr\CC.Rzs 2 adverse traffic safety problem because of existing on- street parking in the area of the proposed project. 3. That instead of providing access through an extension of Millard Street to Los Angeles Avenue, which would create a safer situation for motorists, the applicant has indicated that the project will provide access at the westerly boundary of the project adjacent to the access used by the residential development to the west. The failure of the applicant to agree to provide adequate, safe, access to the site via the extension of Millard Street to Los Angeles Avenue will create a detrimental safety problem because: a) The applicant's requested access is adjacent to the access presently used by the existing residential development to the west, 2) The proposed project is 700 feet from the signalized intersection at Los Angeles Avenue and Moorpark Avenue making it dangerous for motorists to turn left onto Los Angeles Avenue from the proposed access, and 3) This access will create an additional off -set vehicle entry /exit point along Los Angeles Avenue. 4. The proposed location of the apartment complex is located adjacent to an existing condominium and apartment complex to the west of the subject site. These projects provide affordable housing for low to moderate income persons. On August 7, 1991, the City Council approved Residential Planned Development Permit Nos. 90 -2, -3, and -4 on the application of Westland Company for a total of 291 dwelling units, of which 100 are allocated for moderate income families. This combined with developing the proposed apartment complex adjacent to two existing multifamily projects will increase the concentration of lower income households in an neighborhood that already has a disproportionately high number of lower income households. 5. Although the City has not met its share of the regional housing needs of low income housing, the proposed apartment complex is not needed at the proposed location in order to meet its share of the regional housing needs. There are other locations within the City of Moorpark that would be more appropriate for development of low income housing that would not increase the concentration of low income housing in one area of the City. 09120:91 111:34aM,\CC.RBS 3 SECTION 4. That the City Council denies with prejudice, the Land Division Map on the application of BIBO, Inc., because the site is unsuitable for the type of development proposed on the property pursuant to Section 66474 (c) of the Subdivision Map Act. The reasons the proposed development is unsuitable for the property is as follows: 1. The proposed apartment development on the subject site does not provide sufficient parking on -site to meet the City's parking requirements as defined in the City's Zoning Ordinance. 2. The proposed apartment complex will generate sufficient traffic volumes to warrant the extension of Millard Street to Los Angeles Avenue as the primary access to the proposed development. The Land Division Map as proposed does not provide for this extension. 3. With the additional traffic generated as a result of the proposed apartment complex, the existing access shown on the Parcel Map located along the west side of the property will conflict with the General Plan goal to provide for the safe and efficient movement of people within the City. This is because: 1) The proposed project is 700 feet from the signalized intersection at Los Angeles Avenue and Moorpark Avenue making it dangerous for motorists to turn left onto Los Angeles Avenue from the proposed access to the site, and 2) This access will create an additional off -set vehicle access point along Los Angeles Avenue. 4. The applicant has failed to consent to mitigations to complete the Millard Extension improvements as well as the Traffic Signalization at the intersection of Los Angeles Avenue /Millard Street. This is conflict with the stated goal in the Circulation Element of the General Plan to promote the completion of the ultimate circulation system through the improvement of substandard roadway segments and intersections, and the construction of missing roadway links and related facilities. SECTION 5. That the City Council denies with prejudice, Residential Planned Development No. 91 -1 on the application of BIRO, Inc., because: a) the proposed apartment complex would impair the utility and be harmful to the neighboring properties, b) would not be compatible with the surrounding developments, and 09r20i91 111jJ4aMi \CC.RBS 4 c) would be detrimental to the public interest, health, and safety. The significant adverse impacts will be created for the following reasons: 1. That interior open space area of the proposed apartments has been reduced by the applicant in order to accommodate required parking. The applicant has not provided adequate recreational facilities (such as a swimming pool) other than providing tot lots for young children, thus creating potential liability problems for the adjacent residents who have recreational facilities. 2. There are no one bedroom units within the proposed complex which would help reduce the potential demand for parking. The project does not provide sufficient on -site parking required by the City's Zoning Ordinance. The lack of adequate parking will exacerbate an existing adverse traffic safety problem because of existing on- street parking in the area of the proposed project. 3. That instead of providing access through an extension of Millard Street to Los Angeles Avenue, which would create a safer situation for motorists, the applicant has indicated that the project will provide access at the westerly boundary of the project adjacent to the access used by the residential development to the west. The failure of the applicant to agree to provide adequate, safe, access to the site via the extension of Millard Street to Los Angeles Avenue will create a detrimental safety problem because: a) The applicant's requested access is adjacent to the access presently used by the existing residential development to the west, 2) The proposed project is 700 feet from the signalized intersection at Los Angeles Avenue and Moorpark Avenue making it dangerous for motorists to turn left onto Los Angeles Avenue from the proposed access, and 3) This access will create an additional off -set vehicle entry /exit point along Los Angeles Avenue. 4. The proposed apartment development on the subject site does not provide sufficient parking on -site to meet the City's parking requirements as defined in the City's Zoning Ordinance. 09,20191 /12114. , \CC.RSS 5 5. The proposed apartment complex will generate sufficient traffic volumes to warrant the extension of Millard Street to Los Angeles Avenue as the primary access to the proposed development. The Residential Planned Development as proposed does not provide for this extension. PASSED, APPROVED, AND ADOPTED THIS 2nd DAY OF OCTOBER, 1991. Paul W. L ason, Jr., yor 09r20:91111:34&":\CC.RKS 6 f-1= MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 91 -799 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of OCTOBER 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER PEREZ ABSTAIN: NONE WITNESS my hand and the official seal of said City this 8th day of OCTOBER , 1991. illian E. Kelle man =Aut W L/ i+RASON JR BERNARDO M PEREZ SCOTT MONTGOMERt ROY E. TALLEY F JOHN E WOZN"