HomeMy WebLinkAboutRES 1987 150 0908A RESOLUTION OF
THE APPLICATION
PERMIT NO. 1064.
RESOLUTION NO. PC -87 -150
THE PLANNING COMMISSION OF THE CITY OF MOORPARK DENYING
OF TOPA MANAGEMENT PARTNERSHIP FOR A PLANNED DEVELOPMENT
WHEREAS, pursuant to the provisions of Article 43 of Chapter 1 of
Division 8 of the Moorpark Municipal Code (beginning at Section 8163 -0), the
applicant, Topa Management Partnership has requested a Planned Development Permit;
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 of Title
7 (beginning at Section 65300) of the Government Code of the State of California
( "the Planning Commission and Zoning Law "), the City of Moorpark has adopted a
General Plan, which plan contains each and every element required to be included in
such a plan by Section 65302 of the Government Code; and
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act {Division 13 of the Public Resources Code of the State (beginning at
Section 21000)1, ; 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 17th day of August, 1987, conduct a public hearing as
prescribed by law in order to consider said application for Planned Development
Permit No. 1064.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK RESOLVES
AS FOLLOWS:
SECTION 1 (a) The proposed Planned Development Permit is not
consistent with the Moorpark General Plan.
(b) The public convenience, general welfare, or good zoning
practices does not justify the granting of the request at this time in that the
project has not been designed conforming to the General Plan with respect to land
use in that the Land Use classification of the General Plan is Commercial Office and
that the proposed retail shopping center does not conform with he intent of the
General Plan.
SECTION 2. This Commission cannot make the findings contained in the
staff report dated August 17, 1987, which report is incorporated herein by reference
as though fully set forth at this point and as amended orally at the public meeting.
SECTION 3. A finding is made that this project will not have a
significant effect on the environment and that a Negative Declaration has been
completed in compliance with C.E.Q.A. and the State EIR Guidelines issued
thereunder, and that this body has reviewed and considered the information contained
In the Initial Study and Negative Declaration.
09/03/87
SECTION 4. The finding is made that the project as proposed is
inconsistent with the adopted General Plan of the City of Moorpark. The site of the
proposed project is classified as Commercial Office and this project is for a retail
shopping center.
SECTION 5. 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.
SECTION 6. The proposed use will be detrimental to the public health,
safety, welfare, and to the property in the vicinity in which the use is situated.
SECTION 7. The imposition of conditions upon the requested use will not
adequately or significantly mitigate the above described injurious, detrimental
effects.
SECTION 8. The application of Topa Management Partnership is hereby
recommended for denial to the City Council.
SECTION 9. At its meeting of August 17, 1987, this Commission took
action to direct staff to prepare a resolution to recommend a denial of Planned
Development Permit No. 1064 to the City Council; said resolution to be presented for
consent calendar approval at the next regular scheduled meeting. The action with
the foregoing direction was approved by the following roll call vote:
AYES: Commissioners Montgomery, Lawrason, Butcher, Holland,
Wozniak;
NOES: None.
PRESIDING
ATTEST: VED AS TO bdNT NT: U
Celia LaF eur, Acting Secretary atrick i ards
Director Community Development
I HEREBY CERTIFY that the foregoing resolution was dull adopted by the
Planning Commission of the City of Moorpark, California, at a regular meeting held
on the 8th day of September, the following vote:
AYES: Commissioner Butcher,
NOES: None;
ABSENT: Commissioner Holland.
ATTEST:
Celia La Fleur, Acting Secretary
Lawrason, Wozniak and Montgomery;
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