HomeMy WebLinkAboutRES 1999 385 1108RESOLUTION NO. PC- 99 -385
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF MOORPARK, DENY THE AMENDMENT TO
THE LANGUAGE OF LAND USE ELEMENT POLICY 11.2 OF THE
LAND USE ELEMENT OF 1992 AS REQUESTED BY TOLL
BROTHERS; AND APPROVAL OF GENERAL PLAN AMENDMENT 99 -04
TO AMEND THE LANGUAGE OF LAND USE ELEMENT POLICY 11.2
OF THE LAND USE ELEMENT OF 1992 AS MODIFIED BY THE
PLANNING COMMISION UPON CONCLUSION OF THE PUBLIC
HEARING RELATED TO GENERAL PLAN AMENDDMENT NO. 99 -04.
WHEREAS, Public Notice having been given in time, form, and
manner as required by law, the Planning Commission of the City
of Moorpark held a Public Hearing for comment on the Addendum 1
to Environmental Impact Report SCH- 90010061 and General Plan
Amendment 99 -04 on November 8, 1999.
WHEREAS, at its public hearing on the Project, the Planning
Commission took testimony from all those wishing to testify on
the project, closed the public hearing on the project and the
EIR Addendum, and reached its decision on November 8, 1999;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the project information presented to
the Planning Commission, including but not limited to, the EIR
Addendum; staff reports; staff and public testimony; the
Planning Commission hereby makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. Addendum No. 1 of EIR SCH - 90010061 for General Plan
Amendment 99 -04 has been completed in compliance with
CEQA (Division 13 of the Public Resources Code of the
State of California)and the City's CEQA Procedures.
2. The Planning Commission has received and considered
the information contained in the Addendum and has
found that the Addendum adequately addresses the
environmental effects of the proposed project.
EXHIBIT 2
Planning Commission Resolution No. PC -99 -385
November 8, 1999
Page 2
GENERAL PLAN AMENDMENT FINDINGS: DENIAL OF APPLICANT
REQUESTED GENERAL PLAN LAND USE POLICY 11.2
1. The revised land use policy statement does not support
the objectives of the General Plan to separate and
reduce potential impacts between agricultural lands
and residential lands.
2. The revised policy would create potential problems for
agricultural uses such that changes to more intensive
production operations or animal husbandry uses would
be precluded.
3. The proposed policy statement revision does not
provide mitigation equal to or better than that
contained within the original policy statement.
4. The proposed policy revision is not consistent with
the Land Use Element and the OSCAR Element of the
^ General Plan in that it does not provides for the
adequate protection of agricultural uses.
GENERAL PLAN AMENDMENT FINDINGS: APPROVAL OF PLANNING
COMMISSION MODIFIED GENERAL PLAN LAND USE POLICY 11.2.
1. As modified by the Planning Commission at public
hearing on November 8, 1999, the amendment of General
Plan Land use Element Policy 11.2 maintains the
integrity of agricultural lands and. provides added
mitigation value to support reduced conflict and
compatibility issues.
2. The proposed Planning Commission modified revision to
Land Use Element Policy 11.2 contained in General Plan
Amendment 99 -04 will not have a significant effect
upon the environment, nor will its implementation
create other internal conflicts between the Land Use
Element and any other element of the General Plan.
The policy revision expands the understanding of the
need for proper mitigation for land use interface
incompatibilities.
Planning Commission Resolution No. PC -99 -385
November 8, 1999
Page 3
SECTION 2. The Planning Commission hereby recommends that
the City Council approve General Plan Amendment 99 -04 to amend
Land Use Element Policy No. 11.2 to read as follows:
POLICY: "11.2. When new residential development is adjacent
to existing agricultural uses, a 200 foot minimum
width set back shall be provided to minimize
compatibility conflicts. New owners and prospective
buyers of a residential dwelling unit adjacent to, or
abutting an agricultural use, shall be provided
disclosure notice that the agricultural use is
abutting or adjacent and that operation of such
agricultural use may affect adjacent residential
uses."
THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE
FOLLOWING ROLL CALL VOTE:
AYES: Commissioners Parvin, Haller, Otto, Landis
NAPES: Commissioner DiCecco
ABSENT: None
ABSTAIN: None
PASSED, AND ADOPTED THIS 8TH day of November, 1999.
Mark DiCecco, Chairman
ATTEST:
Celia LaFleur
Secretary
Consider General Plan Amendment 99 -04 Revising The Language
Of General Plan Land Use Element Policy 11.2 Regarding
Setbacks Between Agricultural And Residential Uses
Requested By Toll Brothers. Staff Recommendations: Open
Public Hearing; Consider Staff Report; Accept Public
Testimony Related to the Addendum to EIR and General Plan
Amendment; Close Public Hearing; Adopt Resolution No. PC-
99 -385 Recommending the Approval of the General Plan
Amendment by City Council. (Final approving authority: City
Council)
MOTION: COMMISSIONER PARVIN MOVED AND COMMISSIONER HALLER
SECONDED TO RECOMMEND DENIAL OF THE STAFF RECOMMENDATION
AND RECOMMEND INSTEAD THAT THE EXISTING LANGUAGE IN POLICY
11.2 OF THE GENERAL PLAN LAND USE ELEMENT BE RETAINED AND
THAT A PROVISION BE ADDED TO THIS EXISTING POLICY TO
REQUIRE DISCLOSURE STATEMENTS TO BE SIGNED BY PURCHASERS OF
PROPERTY WITHIN 200 FT OF AGRICULTURAL USES ACKNOWLEDGING
THE PRESENCE OF AGRICULTURAL USES AND THE POTENTIAL IMPACTS
TO RESIDENTIAL OCCUPANCY THAT MAY OCCUR.
MOTION PASSED WITH A 4:1 (DI CECCO) VOICE VOTE.
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