HomeMy WebLinkAboutRES PC 1999 0385 1108RESOLUTION NO. PC- 1999 -385
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL 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 COMMISSION UPON CONCLUSION OF
THE PUBLIC HEARING RELATED TO GENERAL PLAN AMENDMENT
NO. 99 -04.
WHEREAS, on November 8, 1999, 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.
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
DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the project
the Planning Commission, including but
Addendum; staff reports; staff and
Planning Commission hereby makes the fol
OF THE CITY OF MOORPARK,
information presented to
not limited to, the EIR
public testimony; the
lowing 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.
RESOLUTION NO. PC- 1999 -385
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 provide for 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.
RESOLUTION NO. PC -1999 -385
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 of the foregoing direction was approved by the
following roll call Vote:
AYES: Commissioners Parvin, Haller, Otto, Landis
NAYES: Commissioner DiCecco
ABSENT: None
ABSTAIN: None
PASSED, AND ADOPTED THIS 8TH day of November, 199
, Chairman
ATTEST:
B rry K. g n
C ity De elopment Director