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Home My WebLink AboutRES CC 1999 1588 1999 0421RESOLUTION NO. 99 -1588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE MOORPARK HIGHLANDS SPECIFIC PLAN PROJECT (SPECIFIC PLAN NO. 95 -2 /SPECIFIC PLAN NO 2; GENERAL PLAN AMENDMENT NO. 95 -2; ZONE CHANGE 95 -4) AND DEVELOPMENT AGREEMENT ON THE APPLICATION OF MORRISON - FOUNTAINWOOD- AGOURA. WHEREAS, an application has been filed by Morrison - Fountainwood- Agoura for the Moorpark Highlands Specific Plan project, consisting of Specific Plan No. 2 /Specific Plan 95 -2, General Plan Amendment 95 -2, Zone Change 95 -4, and Development Agreement for an approximately 445 acre site located within the City of Moorpark, Ventura County, California, contiguous to the City's northern boundary, Charles Street on the south, westerly of Happy Camp Canyon Regional Park, and incorporating more or less Assessor Parcel Numbers: 500.240.035; 500.240.045; 500.270.075; 500.270.085; 500.270.195; 500.270.205; 512.160.125; 512.160.525; 512.160.545; 512.160.555; 512.160.705; and WHEREAS, the Final Environmental Impact Report (FEIR) for the Moorpark Highlands Specific Plan Project (State Clearinghouse No. 96041030) provides an environmental assessment of the proposed project in accordance with the California Environmental Quality Act (CEQA), Division 13 of the Public Resources Code of the State of California, and the State CEQA Guidelines; and WHEREAS, public notice and availability and distribution of the Draft EIR was provided in compliance with CEQA; and WHEREAS, public notice having been given in time, form, and manner as prescribed by law, the Planning Commission held a public hearing on the Draft Environmental Impact Report for the Moorpark Highlands Specific Plan project on October 12, 1998, and received public testimony regarding the adequacy of the Draft EIR; and WHEREAS, the Planning Commission having considered all comments related to the Draft EIR and the responses thereto, at public hearings for the Draft EIR and Specific Plan project at its October 12, November 23 and 30, and December 14, 1998 meetings and reached its decision to recommend certification of Resolution 99 -1588 Page 2 the Final EIR and approval of the Specific Plan project at its meeting of December 14, 1998, and did provide such recommendation to the City Council of the City of Moorpark in Planning Commission Resolution No. PC -98 -362; and WHEREAS, public notice having been given in a time, form, and manner prescribed by law, the City Council held public hearings on the Moorpark Highlands Specific Plan (Specific Plan No.2) project on January 20, February 3, March 3 and 17, 1999, and received public testimony on the Final EIR and the proposed project at those public hearings, and closed the public hearing on the EIR on March 17, 1999; and WHEREAS, in the course of its environmental review, the City Council discussed alternatives for development design within the project with the applicant that would provide additional mitigation through the project design, and did require said changes to be made in the design of the land plan as reflected as the 'City Council Alternative Plan" within the Errata attachments to the Final EIR; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Final EIR for the Moorpark Highlands Specific Plan project (Moorpark Specific Plan No.2), EIR SCH# 96041030, as on file within the Department of Community Development, and incorporated by reference, has been completed in compliance with CEQA. SECTION 2. That the final EIR was presented to the decision - making body of the lead agency and that the decision - making body reviewed and considered the information contained in the Final EIR prior to approving the project. SECTION 3. That the final EIR reflects the lead agency's independent judgement and analysis. SECTION 4. The City Council finds that the Moorpark Highlands Specific Plan Project EIR adequately addresses all issues raised after the close of the public review period and prior to the close of the public hearing on the project, and that no new significant environmental impact has been identified, nor has there been identified any feasible project Resolution 99 -1588 Page 3 alternative or mitigation measure considerably different from others previously analyzed that would lessen the identified adverse environmental impacts to less than significant. The City Council further finds that prior to the approval of the specific plan project the Council shall consider and adopt a statement of the findings and facts related to the approval of the project, shall consider and adopt a statement of overriding considerations for any identified unavoidable adverse environmental risks associated with the project, and shall consider and adopt a mitigation and monitoring program for the project. SECTION S. The City Council hereby finds that the changes contained in the land use plan alternative reviewed by the City Council during public hearing of the EIR and Specific Plan project on March 3, 1999, and determined to be the Council Preferred Alternative, has been evaluated and incorporated within the Errata of the Final EIR as Section 4.1. The Council Preferred Alternative has been considered in light of Section 15088.5 of the California Environmental Quality Act (CEQA) Guidelines. The City Council further finds that the changes contained within the alternative do not constitute a significant change in the project or the EIR sufficient to require the recirculation of the project EIR; that the information related to the alternative has been discussed during the open public hearing on the EIR with ample opportunity for public discussion and comment on the alternative provided for; that no new or modified mitigation measures that were not considered for the applicant defined project will be required for the alternative contained in Section 4.1 of the EIR Errata; and, that analysis of the alternative as included within Section 4.1 of the Final EIR will provide some reduction in the level of impacts related to the development of the specific plan project though not below the level of significance. SECTION 6. The City Council hereby designates the Office of the City Clerk and the Community Development Department as the custodians of the records constituting the record of proceedings upon which its decision has been based. Original ordinances and resolutions along with one copy of the attachments referenced therein shall be deposited within the Office of the City Clerk. The Community Development Department shall be designated the repository and archive for all Resolution 99 -1588 Page 4 historical and active materials related to the Moorpark Highlands Specific Plan project. SECTION 7. 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 21st DAY OF APRIL, 1999. ATTEST: Deborah S. Traffens dt, City Clerk Resolution 99 -1588 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1588 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of April, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, and Mayor Hunter NOES: None ABSENT: Councilmember Wozniak ABSTAIN: None WITNESS my hand and the official seal of said City this 29th day of April, 1999. �J, 1 Deborah S. Traffens dt, City Clerk (seal)