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HomeMy WebLinkAboutRES 1991 240 0617Reeolatlon of Approval for General Plan Amendment Applteallon 90-1 and Zone Change No. 7AO.2 Resolution Na PC-91 -240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT APPLICANT NO. 90-1 AND ZONE CHANGE NO. Z-90.2 Whams, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval of General Plan Amendment No. 90-1 and Zone Change No. Z -90-2 to allow subdivision of a 35A acre site which is located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California; and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations (Exhibit 1) prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 664735, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision- makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and adequate. -15- Resolution No. PC -91 -240 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property . SECTION S. The Planning Commission hereby recommends that the City Council conditionally approve General Plan Amendment No. 90-1 and Zone Change Z-90 -2 subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky. Absent: (one vacancy) . Passed, approved, and adopted this 17th day of June, 1991. an of thetomm&ton ATTEST: Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations -16- EXHIBIT 1 STATEMENT OF OVERRIDING CONSIDERATIONS Staknicat of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections 15 13 and 151191 of the State CEQA Guidelines, the following findings are recommended: (1) Changes or alternations have ben spired in the pr%%d wbkb avoid or substantially lessen the sigolliant eavloarsnW effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: Traffic Circulation Project specific effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to e:dsting regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contributions to cumulative effects on the City's circulation system. Applimble CEQA fludbW include Findings 1, 2, and 3. Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of rideshanng programs, and related air improvement measures. The construction effects of the project would be offset to the mairimum extent feasible through implementation of recommended mitigation measures. Applicable CEQA endings in Findhsp 1, 2, and 3. Cumulative Effimb on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA fladinp include Findings 2 and 3. In adopting a Statement of Overriding Considerations, the decision - makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City.