HomeMy WebLinkAboutAGENDA REPORT 1991 1120 CC REG ITEM 08K ITEM 8 • K
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City Cou it Meeting
MEMORANDUM of / 1994„
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TO: The Honorable City Council By / ' /_ Si<0 /
FROM: Lillian E. Kellerman, City Clerk
DATE: November 14, 1991
SUBJECT: CONSIDER RESOLUTION 91-1C/c/ TO RESCIND COUNCIL ACTION
OCTOBER 16, 1991 REGARDING MISSION BELL PLAZA
RESOLUTIONS.
BACKGROUND
On October 2, 1991 the Council took action to approve the staff
recommendation for Item 8 .E. Consider CPD 89-1 and 2 (Maior Mod.
No. 1) , TR 4757 (Mission Bell Plaza) Resolution for Approving
Modification to Approved Shopping Center and a Tentative Tract Map.
Part of the staff recommendation (Number 3 of the recommendation)
was "Rescind all previously approved resolutions in regards to the
original approval of the project to October 17, 1990." This
recommendation was not specific as to the resolution numbers to be
rescinded and staff prepared an item for the October 16 agenda to
specifically identify and rescind the appropriate resolutions (90-
719 and 90-722) .
Subsequent review of the rescinded resolutions has led to the
determination that Resolution 90-719 should not have been rescinded
as it revoked prior certification of the EIR for this project.
Staff requests that the Council adopt Resolution 91- The new
resolution will rescind the Council 's action on October 16, 1991
and will rescind only Resolution 90-722 relative to the Mission
Bell Plaza project.
In future, staff will insure that rescission of resolutions
specifically identify the resolution(s) to be rescinded in a
superseding resolution. In addition, to insure the integrity of
City resolutions, staff will institute the procedure that any
resolution presented for adoption to the Council and amended at the
City Council meeting will be returned to the Council in final form
at a subsequent meeting for a receive and file action for the City
Council to formally receive a final copy of its action.
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Printed On Recycled Paper
Staff Report (CC 11/20/91)
November 14, 1991
Page 2
STAFF RECOMMENDATION
1. Adopt Resolution 91- to rescind resolution 91-812 and to
specifically identify only Resolution 90-722 of the previously
adopted Mission Bell Resolutions for rescission.
2. Concur with the following procedures: (1) all future
rescission of resolutions will specifically identify the
resolution(s) to be rescinded in a superseding resolution and
(2) any resolution presented for adoption to the Council and
amended at the meeting will be returned to the Council in
final form at a subsequent meeting for the Council to formally
receive a final copy of its action.
Attachments:
1. Memorandum from Patrick Richards dated 11/8/91
2. Staff Report (Item 8.0. ) - 10/16/91 meeting.
3. Staff Report (Item 8.E. ) - 10/02/91 meeting.
4. Excerpt from minutes of 10/02/91.
5. Resolution 91-
1
MEMORANDUM
TO: Lillian Kellerman, City Clerk
FROM: Patrick J. Richards, Director of Community Development
DATE: November 8, 1991
SUBJECT: MISSION BELL PLAZA RESOLUTIONS
In your memorandum dated November 5, 1991, you requested that staff
check the records to see if rescinding of the attached listed
resolutions eliminated any prior action certifying the EIR for
Mission Bell Plaza In response, the rescinding of resolution No.
90-719 revoked the City Council's certification of the EIR. I
have attached the first page of this resolution for your
information.
Attachments: 1. Minutes of City Council Agenda dated October
16, 1991
2. First page of Resolution No. 90-719
cc. Paul Porter, Senior Planner
Case File (Miscellaneous Correspondence section)
•
11:OBe91/1O:iSaaae\eaj.LI
ITEM 8- 0.
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MEMORANDUM / _ X
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TO: The Honorable City Council
FROM: Lillian E. Kellerman, City Clerk
DATE: October 10, 1991 (for CC meeting of 10/16/91)
SUBJECT: CONSIDER ADOPTION OF RESOLUTION 91-1/PTO RESCIND
RESOLUTIONS 90-719 CERTIFYING THE EIR FOR CPD 89-1, CPD
89-2, RPD 89-1 AND LDM 89-1 AND 90-722 APPROVING CPD 89-1
AMD CPD 89-2 (MISSION BELL) SUPERSEDED BY RESOLUTION 91-
798 ADOPTED OCTOBER 2, 1991.
BACKGROUND
On October 2, 1991 City Council action certified the Final
Supplemental EIR and adopted Resolution 91-798 approving Major
Modification No. 1 to CPD 89-1, 89-2, Tentative Tract Map 4757, and
rescinded all previously approved resolutions in regards to the
original approval of the project to October 17, 1990.
As Resolution 91-798 did not specifically identify the resolutions
to be rescinded, it would be appropriate, for clarity and indexing
purposes, to adopt a resolution rescinding the specific resolutions
(Resolution Nos. 90-719 and 90-722) identified by the Department of
Community Services as having been superseded by Council action on
October 2, 1991 and the adoption of Resolution 91-798.
RECOMMENDATION
Adopt Resolution 91-riLrescinding Resolutions 90-719 and 90-722.
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W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY A JOHN E. WOZNIAK
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RESOLUTION NO. 91- 812
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA RESCINDING RESOLUTIONS
90-719 CERTIFYING THE EIR FOR CPD 89-1, CPD
89-2, RPD 89-1 AND LDM 89-1 AND, 90-722
APPROVING CPD 89-1 AND CPD 89-2 (MISSION
BELL) , SUPERSEDED BY RESOLUTION 91-798 ADOPTED
OCTOBER 2, 1991.
WHEREAS, on October 2, 1991 City Council action certified the Final
Supplemental EIR and adopted Resolution 91-798 approving Major
Modification No. 1 to CPD 89-1, 89-2, Tentative Tract Map 4757, and
rescinded all previously approved resolutions in regards to the
original approval of the project to October 17, 1990, and;
WHEREAS, Resolution 91-798 superseded Resolutions 90-719 and
90-722.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That Resolutions 90-719 and 90-722 are
rescinded.
SECTION 2. That the City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the book
of original Resolutions.
PASSED AND ADOPTED THIS 16 day of October, 1991.
•
Paul W. wrason Jr , Mayor
ATTEST:
c.Lillian Kellersan, Cit e�?C";� / \_
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MOORPARK
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799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 91-812 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 16th day of OCTOBER , 1991, and that the same
was adopted by the following vote:
AYES: COUNCIL`{EMBERS PEREZ, TALLEY, WOZNIAR AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCIL-MEMBERMONTGOMERY
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 17th day of OCTOBER , 1991.
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Lillian E. ' -lle 'an
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MEMORANDUM . _ 8��9,Pt
TO: The Honorable City Council Bye 6
FROM: Patrick J. Richards, Director of Community Development
DATE: September 27, 1991 (CC meeting of 10/2/91)
SUBJECT: CPD-89-1, 89-2, TTM-4757 - MAJOR MODIFICATION NO. 1 TO
MISSION BELL PLAZA PROJECT APPROVAL, CERTIFICATION OF
SUPPLEMENTAL EIR, REVISED FINAL CONDITIONS, RESOLUTIONS,
FINDINGS, MITIGATION MONITORING PLAN AND STATEMENT OF
OVERRIDING CONSIDERATIONS
At the City Council public hearing held September 18, 1991, the
Council continued the above referenced major modification to the
meeting of October 2, 1991 and directed staff to prepare the
necessary resolutions of approval.
Attached is the Final Supplemental EIR along with resolutions of
approval for the modificaiton No. 1 to CPD 89-1, 89-2, TTM-4757 and
the final revised conditions of approval (including changes passed
on motion at the September 18, 1991 City Council meeting) ,
certification of the Final Supplemental EIR, findings of
significance, Mitigation Monitoring Plan and the statement of
overriding considerations for those significant impacts in the EIR
which cannot be fully mitigated. The Final Supplemental EIR
contains the Mitigation Monitoring Plan.
On September 18, 1991, the Council amended several conditions of
approval. Those changes are found in Exhibit A and Exhibit B and
are shown in underline and bold. Note .Conditions Nos . 20, 82, 86,
92, 94, 100, and 110 of the CPD Major Modification and Condition
Nos . 21, 28, and 37 of Tract 4757 all relate to the use of a
subordinate lien in lieu of typical Surety Performance Bond. These
conditions all need additional text to clearly state that the
applicant is responsible for all costs to the City in creating the
lien. Staff suggests that the following text be added to these
conditions within the CPD Major Modification and TTM-4757:
That all costs to the City related to the
creation of the subordinate lien shall be
borne by the applicant and shall be paid prior
to the City's signature of any such
document(s) .
09:27:91/2:12,wC:\MP51\PJR\NBRLLI0-.CC
FAIR W LAWRASON JR. BERNARDO Al. PEREZ SCOTT MONTGOMERY ROY E TALLEY JR JOHN E WOZNIAK
Mayor Mayor Pro Tern Covtdmemoer C9unoimern:,er Councirnernoer
The Honorable City Council
September 27, 1991
;cagey_2_ _... — - — -- -
Recommendation
1. Certify the Final Supplemental EIR and adopt the mitigation
monitoring plan, findings and Statement of Overriding
Considerations for those significant impacts identified in the
Supplemental EIR which cannot be mitigated below a level of
significance. i
2. Adopt resolution approving Major Modification No. 1 to CPD-89-
1, 89-2, TTM-4757, subject to the attached conditions in •
Exhibit A and B.
3. Rescind all previously approved resolutions in regards to the
original approval of the project to October 17, 1990.
Exhibits; j.
. •
1. Exhibit A: CPD 89-1,89-2 Conditions of Approval •
2. Exhibit B: TTM 4757 Conditions of Approval
3. Exhibit C: Mitigation Monitoring Plan(enclosed in the Final Supplemental EIR) f'
4. Exhibit D: Findings of Significance
5. Exhibit E: Statement of Overriding Considerations
6. Exhibit 1: Site Plan
• 7. Exhibit 2: Building Elevations • •-
8. Exhibit 3: Conceptual Landscape and Irrigation Plan •
9. Exhibit 4: TTM 4757,Drainage and Grading Plan
09:27:9I/2r22pmc:\WpsivxAmmuio-.cc
Minutes of the City Council
Moorpark, California Page 5 October 2 , 1991
E. Consider CPD 89-1 and 2 (Maior Mod. No. 1) , TR 4757 (Mission
Bell Plaza) Resolution for Approving Modification to Approved
Shopping Center and a Tentative Tract Map. Staff
Recommendation: Adopt Resolution Numbers 91-798 and 91-808.
Mr. Richards indicated that staff had requested this item be
pulled for a needed amendment to Condition 84 (e) of the CPD
89-1 and Condition 20 (e) of Tentative Tract 4757, to be
amended to insert " . . .approximately 600 feet to the northerly
driveway as a prolongation of the north right-of-way of Los
Angeles Avenue. . . "
Elaine Freeman, representing the applicant, said that the
amendment was acceptable to the applicant.
Minutes of the City Council
Moorpark, California Page 6 October 2 , 1991
MOTION: Councilmember Talley moved and Councilmember Montgomery
seconded a motion to approve the staff recommendation to adopt
Resolution Numbers 91-798 and 91-808 as amended above; to certify
the final supplemental EIR and adopt the mitigation monitoring
plan, findings and Statement of Overriding Considerations for those
significant impacts identified in the Supplemental EIR which can
not be mitigated below a level of significance; to rescind all
previously approved resolutions in regards to the original approval
of the project to October 17, 1990. The motion carried by
unanimous voice vote.
•
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA RESCINDING RESOLUTION
91-812 , WHICH RESCINDED RESOLUTION 90-719
(MISSION BELL EIR) IN ERROR, AND RESCINDING
RESOLUTION 90-722, WHICH APPROVED CPD 89-1 AND
CPD 89-2 (MISSION BELL) AND WAS SUPERSEDED BY
RESOLUTION 91-798 ADOPTED OCTOBER 2, 1991.
WHEREAS, on October 16, 1991 City Council action rescinded
Resolutions 90-719 and 90-722 by the adoption of Resolution 91-812,
and;
WHEREAS, Resolution 91-719 was rescinded in error causing the
revocation of the Environmental Impact Report (EIR) .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That Resolution 91-812 is rescinded.
SECTION 2. That Resolution 90-719 continues in force.
SECTION 3. That Resolution 90-722 is rescinded.
PASSED AND ADOPTED THIS 20th day of November, 1991.
Paul W. Lawrason Jr. , Mayor
ATTEST:
Lillian E. Kellerman, City Clerk
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