HomeMy WebLinkAboutRES 1987 146 0803r--
RESOLUTION NO. PC-87 -146
A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, DENYING THE APPLICATION OF EMBASSY PLAZA
NO. 16, LTD., FOR A PARCEL MAP (LDM -11). ASSESSOR PARCEL NO.
500- 39 -35, & -85.
WHEREAS, pursuant to the provisions of Division 8 Planning and
Development Chapter 2 - Subdivisions of the Moorpark Municipal Code, the applicant,
Embassy Plaza No. 16, Inc., has requested a parcel map approval; and
WHEREAS, studies and investigations were made, and staff reports and
recommendations were submitted; and
WHEREAS, pursuant to the requirements of Article 5, of Chapter 3 to
Title 7 (beginning at Section 65300) of the Government Code of the State of
California ( "The Planning and Zoning Law ") the City of Moorpark has adopted a
General Plan; and
WHEREAS, the Planning Commission after review and consideration of the
information contained in the Mitigated Negative Declaration found that this project
would have a significant effect of the environment; and has reached its decision in
the matter not to recommend approval to the City Council; and
WHEREAS, this Commission, upon giving the notice required by the
provisions of Article 2 of Chapter 4 of Title 7 of the Government Code (beginning at
Section 65850), did on the 6th day of July 1987 conducted a public hearing as
prescribed by law in order to consider said application for parcel map.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
Section 1. The Planning Commission is unable to make all of the
findings as specified in the staff report dated July 6, 1987, and in particular the
Planning Commission specifically finds that the proposed use as a result of the
subdivision would be inconsistent with the purposes, intent, guidelines, standards,
policies, and provisions of the City's General Plan and Chapters 1 and 2 of the
Ordinance Code and that the proposed use would be detrimental to the public
interest, health, safety, convenience, and welfare..
Section 2. The proposed subdivision would facilitate a project that
constitutes a more intense use of the property than the uses recommended in the
adopted General Plan of the City and as such, the project would be in conflict with
the abutting and neighboring single- family residences and would impose significant
and detrimental impacts on the adjoining residential neighborhood through excessive
noise and late hours, loitering, fumes, and odors. In addition, the Planning
Commission finds that the availability of existing neighborhood and convenience
shopping in the vicinity is adequate and the proposed project would result in a
proliferation of neighborhood shopping centers in the City of Moorpark. The
Commission further finds that all -night commercial uses and gasoline sale uses
r^ should be confined to the Highway 118 corridor and should not be located in the
middle of single - family residential neighborhoods.
Section 3. The proposed subdivision and subsequent use will be
detrimental to the public health, safety, welfare, and to the property in the
vicinity in which the use is situated.
Section 4. The imposition of conditions upon the requested use will not
adequately or significantly mitigate the above described injurious, detrimental
effects; however, in the event the Council should approve LDM -11 it is recommended
the Council impose conditions described in Exhibit "A" to this resolution.
Section 5. At its meeting of July 6, 1987, this commission took action
to direct staff to prepare a resolution to recommend a denial of Parcel Map No.
LDM -11 to the City Council; said resolution to be presented for the consent calendar
portion at the next regularly scheduled meeting. The action with the foregoing
direction was approved by the following roll call vote:
AYES: Commissioners Lawrason, Montgomery, Wozniak, and
Chairman Holland.
NOES: Commissioner Butcher.
passed, approved, and ADOPTED this 3rd day of August 1987 .
ATTEST:
Celia La Fleur, Secretary