HomeMy WebLinkAboutRES 1991 247 0819RESOLUTION NO. PC -91 -247
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
DENIAL WITHOUT PREJUDICE TO THE CITY COUNCIL
ON THE APPLICATION OF LDM -9 -2 AND RPD -91 -1 ON
BIBO, INC., ASSESSOR'S PARCEL NO. 506- 0 -02 -48
Whereas, at a duly noticed public hearing on July 15 and
August 5 1991, the Planning Commission considered the applications
filed by BIBO, Inc. requesting approval of a) A land division to
subdivide an existing 8.79 acre parcel into four lots consisting of
1.38 acres, 2.53 acres, 3.71 acres and 1.17 acres; and b) A
Residential Planned Development Permit for construction of a multi-
family apartment project with a total of 100 affordable residential
units; and
Whereas, the proposed projects are located in the City of
Moorpark, south of Los Angeles Avenue, east of Moorpark Avenue,
west of Freemont Street and both north and south of the easterly
extension of Majestic Court.
Whereas, at its meeting of July 15, 1991, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, closed the public hearing; and
Whereas, on August 5, 1991 the Planning Commission reopened
the public hearing, took testimony from all those wishing to
testify, and closed the public hearing; and
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report, the
Mitigated Negative Declaration, the Mitigating Reporting and
Monitoring Program, and testimony; and has found that the project
will have a significant adverse impact on the public health and
safety which cannot be satisfactorily mitigated without rendering
the project unaffordable; and
Whereas, the Planning Commission has determined that denial of
the Residential Planned Development Permit is necessary because the
applicant has indicated an unwillingness to comply with conditions
of approval pursuant to the Mitigation Measures in the Mitigated
Negative Declaration which are necessary in order to comply with
CEQA, thus creating an adverse hazardous safety and health
situation; and has reached its decision on this matter; and
Whereas, the Planning Commission has determined that denial of
the Land Division Map is necessary because the applicant is
unwilling to comply with traffic mitigation measures in the
Mitigated Negative Declaration which are necessary in order to
comply with CEQA, and as such the design of the subdivision and the
lack of access improvements to Millard Street will render the land
division unsuitable for the type of development proposed.
Resolution No. PC -91- 247
Page -2-
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 Resources Code
of the State of California {beginning at Section 21000}), the
Planning Commission of the City of Moorpark has determined that the
Mitigated Negative Declaration and Mitigating Monitoring and
Reporting Program prepared for this project has been completed in
compliance with CEQA and State Guidelines. The Planning Commission
has received and considered the information contained in the
Mitigated Negative Declaration prior to acting on the proposed
project and has found that this document adequately addresses the
environmental effects of the proposed project.
SECTION 2. The Planning Commission hereby adopts the findings
in the staff reports dated March 4 and July 30, 1991, and said
reports are incorporated herein by reference as though fully set
forth.
SECTION 3. That the Planning Commission hereby recommends to
the City Council denial without prejudice, of the Residential
Planned Development Permit on the application of BIBO, Inc.,
because the proposed apartment units will have a significant
adverse impact on the public health and safety which cannot be
satisfactorily mitigated; and the applicant has demonstrated an
unwillingness to comply with conditions of approval pursuant to the
Mitigation Measures in the Mitigated Negative Declaration which are
necessary in order to comply with CEQA without rendering the
project unaffordable. The significant adverse impacts will be
created for the following reasons:
That interior open space area of the proposed apartments
has been reduced by the applicant in order to accommodate
required parking. The applicant has not provided
adequate recreational facilities (such as a swimming
pool) other than providing tot lots for young children,
thus creating potential liability problems for the
adjacent residents who have recreational facilities.
2. There are no one bedroom units within the proposed
complex which would help reduce the potential demand for
parking. The project does not provide sufficient on -site
parking required by the City's Zoning Ordinance. The
lack of adequate parking will exacerbate an existing
adverse traffic safety problem because of existing on-
street parking in the area of the proposed project.
_ Resolution No. PC -91 -247
Page -3-
3. That instead of providing access through an extension of
Millard Street to Los Angeles Avenue, which would create
a safer situation for motorists, the applicant has
indicated that the project will provide access at the
westerly boundary of the project adjacent to the access
used by the residential development to the west. The
failure of the applicant to agree to provide adequate,
safe, access to the site via the extension of Millard
Street to Los Angeles Avenue will create a detrimental
safety problem because: a) The applicant's requested
access is adjacent to the access presently used by the
existing residential development to the west, 2) The
proposed project is 700 feet from the signalized
intersection at Los Angeles Avenue and Moorpark Avenue
making it dangerous for motorists to turn left onto Los
Angeles Avenue from the proposed access, and 3) This
access will create an additional off -set vehicle
entry /exit point along Los Angeles Avenue.
SECTION 4. That the Planning Commission hereby recommends to
the City Council denial without prejudice, of the Land Division Map
on the application of BIBO, Inc., because the site is unsuitable
for the type of development proposed on the property. The reasons
the proposed development is unsuitable for the property is as
follows:
1. The proposed apartment development on the subject site
does not provide sufficient parking on -site to meet the
City's parking requirements as defined in the City's
Zoning Ordinance.
2. The proposed apartment complex will generate sufficient
traffic volumes to warrant the extension of Millard
Street to Los Angeles Avenue as the primary access to the
proposed development. The Land Division Map as proposed
does not provide for this extension.
3. With the additional traffic generated as a result of the
proposed apartment complex, the existing access shown on
the Parcel Map located along the west side of the
property will conflict with the General Plan goal to
provide for the safe and efficient movement of people
within the City. This is because: 1) The proposed
project is 700 feet from the signalized intersection at
Los Angeles Avenue and Moorpark Avenue making it
dangerous for motorists to turn left onto Los Angeles
Avenue from the proposed access to the site, and 2)
This access will create an additional off -set vehicle
access point along Los Angeles Avenue.
_ Resolution No. PC -91- 247
Page -4-
4. The applicant has failed to consent to mitigations to
complete the Millard Extension improvements as well as
the Traffic Signalization at the intersection of Los
Angeles Avenue /Millard Street. This is conflict with the
stated goal in the Circulation Element of the General
Plan to promote the completion of the ultimate
circulation system through the improvement of substandard
roadway segments and intersections, and the construction
of missing roadway links and related facilities.
SECTION 5. In the event the City Council approves the
project, the Planning Commission recommends the conditions of
approval found in Planning Commission Staff Report dated March 4,
1991 along with the following additional conditions:
PLANNING COMMISSION RECOMMENDED CHANGES TO THE RESIDENTIAL PLANNED
OF COMMUNITY DEVELOPMENT CONDITIONS:
PRIOR TO ISSIIANCE OF A ZONING CLEARANCE
That a landscaping barrier to be approved by the Director of
Community Development be constructed in the following areas:
a. Along the westerly most portion of the access easement
located to the west of the project site
b. Along the easterly boundary of the proposed project
adjacent to the properties fronting on Freemont Street
That a swimming pool and spa be provided on -site. The
location and design of the facility is subject to approval of
the Director of Community Development.
That the apartment units shall contain at a minimum the
following additional sound attenuation over and above the
minimum required by the Uniform Building Code. The
construction drawings showing the attenuation measures shall
be submitted to the Department of Community Development for
review and approval.
STC 50 between adjoining dwelling units
STC 45 within individual living areas
Note: The appropriate IIC ratings shall apply for each
of the above
_ Resolution No. PC -91- 247
Page -5-
CITY ENGINEERING CONDITIONS
PRIOR TO ISSUANCE OF A ZONING CLEARANCE
Primary access to the site will be from the extension of
Millard Street via Los Angeles Avenue. The proposed westerly
access on the site plan and the Tentative Map shall be
eliminated prior to issuance of a Zoning Clearance and prior
to recordation of the Tentative Map.
Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the site plan. The site plan will be signed by a
registered Civil Engineer.
* The applicant shall provide a bond in an amount equal to 1/2
the cost of signalizing the intersection of Los Angeles Avenue
and Millard Street. Said bond shall be in the amount
determined by the Department of Public Works, and in a form
acceptable by the City. Said bonding shall be in effect for
three years or until the development is completed and
occupied, or whichever comes last, at which time, the bond
will be refunded if it is determined by the Public Works
Director that a signal will not be required for this
intersection, applied to construction of the signal or
extended for another three years.
PLANNING COMMISSION RECOMMENDED ADDED CONDITIONS FOR THE LAND
DIVISION MAP
CITY ENGINEERING CONDITIONS
Primary access to the site will be from the extension of
Millard Street via Los Angeles Avenue. The proposed westerly
access on the tentative map shall be eliminated prior to
recordation.
The applicant shall provide a bond in an amount equal to 1/2
the cost of signalizing the intersection of Los Angeles Avenue
and Millard Street. Said bond shall be in the amount
determined by the Department of Public Works, and in a form
acceptable by the City. Said bonding shall be in effect for
three years or until the development is completed and
occupied, or whichever comes last, at which time, the bond
will be refunded if it is determined by the Public Works
Director that a signal will not be required for this
intersection, applied to construction of the signal or
extended for another three years.
The action of the foregoing direction was approved by the following
roll call vote:
Resolution No. PC -91- 247
Page -6-
AYES: Commissioners Wesner, Miller and Brodsky;
NOES: Commissioners Torres and May;
ABSENT: None.
PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF AUGUST, 1991.
Chairman presiding:
ATTEST:
Celia LaFleur, Secretary
STATE OF CALIFORNIA)
) SS
COUNTY OF VENTURA )
I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of
Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof
held on August 19, 1991 by the following vote.
Ayes: Commissioner May, Brodsky, Miller, Torres, Wesner.
Noes. None.
Absent: None.
ATTEST
&/a: XjLj
Celia LaFleur, Secretary