HomeMy WebLinkAboutRES 1992 259 0406r RESOLUTION NO. PC 92 -259
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DENYING COMMERCIAL PLANNED
DEVELOPMENT (CPD) NO. 90 -3 ON ASSESSOR'S PARCEL NO. 506-
0- 050 -040.
WHEREAS, at a duly noticed public hearing on April 6,
1992; the Planning Commission considered the application file by
Leonard Ojena and Glen Abdun -Nur, requesting approval of Commercial
Planned Development Permit No. 90 -3 for the construction of a 6,000
square foot commercial /retail center. The proposed location is on
the southeast corner of Los Angeles Avenue and Liberty Bell Road on
a 24,343 square foot parcel.
WHEREAS, at its meeting of April 6, 1992 the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, staff prepared an Initial Study to assess
environmental impacts and establish appropriate Mitigation Measures
for the Mitigation Monitoring Program pursuant to Assembly Bill
3180; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report,
Mitigated Negative Declaration, the Mitigation Monitoring Program,
and testimony; and has found that as currently planned on the
proposed development site, the project will have a significant
adverse impact on the public health and safety which cannot be
satisfactorily mitigated ; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources Code
of the State of California {beginning at the Section 2100}) and the
requirements under Section 21081.6, the Planning Commission of the
City of Moorpark has determined that the Mitigated Negative
Declaration and Mitigation Monitoring Program prepared for the
project has been completed in compliance with the California
Environmental Quality Act (CEOA) and State Guidelines. The Planning
Commission has received and considered the information contained in
the Mitigated Negative Declaration prior to acting on the project
and has found that this document adequately addresses the
environmental effects of the proposed project.
WHEREAS, the Planning Commission has determined that
denial of the Commercial Planned Development Permit is necessary
because the applicant has indicated an unwillingness to comply with
the Mitigation Measures as specified in the Negative Declaration
which are necessary in order to comply with CEQA (California
Environmental Quality Act) and AB 3180, thus creating an adverse
(-- hazardous safety and health situation, and has reached its decision
on this matter; and
r'
CPD 90 -3, Resolution No. PC 92 -259
April 3, 1992
Page -2-
NOW, THEREFORE, THE PLANNING CONXISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Mitigated Negative Declaration for CPD 90 -3:
1. The Mitigated Negative Declaration /Initial
Study is complete and has been prepared in
compliance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines,
and City Policy. The applicant has failed to
agree to mitigation measures, specifically the
air quality mitigation as specified within the
Mitigation Monitoring and Reporting Program.
Given that the applicant has not agreed to all
of the Mitigation requirements pursuant to AB
3180, the CEQa process cannot be completed
(CEQA Section 15270).
2. In order to reduce adverse impacts for the
proposed project, all mitigation measures
discussed in the environmental document have
been incorporated into the proposed project as
conditions of development. However, all of the
mitigation measures have not been agreed to by
the applicant.
SECTION 2. (a) The proposed use would be detrimental to
the public interest, health, safety, convenience, and welfare
because:
1. Based upon the proposed square footage, the
applicant lacks the minimum recommended number of
parking spaces.
2. After roadway dedication based upon Section 8106-
1.2 of the Zoning Code, the applicant has not
provided the required 30 foot landscaping setback
along Los Angeles Avenue.
3. In conformance with City Code Section 8108 -1.7, the
applicant is not providing a loading zone for the
Commercial Planned Development.
4. That the design of the development and the type of
improvements will cause serious public safety
problems. The applicant has identified that a right
turn only lane will be provided both in and out of
the subject site on Los Angeles Avenue.
CPD 90 -3, Resolution No. PC 92 -259
April 3, 1992
Page -3-
However, this design will cause serious traffic
conflict problems on Los Angeles Avenue.
5. After dedication, the trash receptacle and
electrical boxes will be within the public right -
of -way.
6. The site is not suitable for the type of strip
development proposed because it precludes
integration with future development south and east
of the project site.
7. The development proposal is premature at this time
given that it is unknown when signalisation will
occur adjacent to Liberty Bell Road on Los Angeles
Avenue.
The action of the foregoing direction was approved by the following
roll call vote;
AYES:
Commissioners Wesner,
Miller
NOES:
None
ABSTAIN:
None
ABSENT:
None
Nay, Torres, Brodsky and
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF APRIL 1992.
ATTEST:
(�!e� / 4 ua �
Celia LaFleur, Secretary
rhwir®wn:
CPD 90 -3, Resolution No. PC 92 -259
(� April 3, 1992
Page -4-
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 April 6, 1992 by the following vote:
Ayes: Wesner, Torres, Brodsky, Miller and
May.
Noes:
ATTEST:
.� �.
Celia LaFleur, Secretary