Resolution No. 2024- Second Subsequent MND 2023-4
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RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMARILLO DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION’S ADOPTION
APPROVING SECOND SUBSEQUENT MITIGATED
NEGATIVE DECLARATION (MND) 2023-4 FOR THE
DEVELOPMENT OF A COSTCO WHOLESALE WITH OFF-
SALES OF ALCOHOLIC BEVERAGES AND FREE-
STANDING FUEL FACILITY, LOCATED SOUTH OF U.S.
101, NORTH OF WEST VENTURA BOULEVARD
APPROXIMATELY 980 FEET EAST OF SPRINGVILLE
DRIVE
The City Council of the City of Camarillo resolves as follows:
SECTION 1.The City Council of the City of Camarillo finds and declares as follows:
A. On September 12, 2007, the City of Camarillo City Council adopted Mitigated Negative Declaration (MND) 2006-17 for General Plan Amendment (GPA 2006-2); Change of Zones (CZ-297 and CZ-298); Commercial Planned Development Permit (CPD-226); and Conditional Use Permit (CUP-294) on 44.84 acres, located at the northeast corner of Springville Drive and West Ventura Boulevard. The project involved a GPA from Office to General Commercial; Change of Zones from Limited Manufacturing and Professional Office to CPD; and the development of up to 499,000 square feet of building area. With the implementation of mitigation measures, all potentially significant impacts would be reduced to less-than-significant levels.
B. On February 15, 2011, the Planning Commission adopted an Addendum to MND 2006-7 for a modification to the Commercial Planned Development Permit [CPD- 226M(1)] on the 44.84-acre site. The modification included changes to the site layout but the overall type and amount of development at the site continued to be less than 499,000 square feet of commercial center building space and the site access points remained unchanged.
C. On April 19, 2016, the Planning Commission adopted Subsequent MND 2016- 1 for a modification to the Commercial Planned Development Permit for the Amara Shopping Center project on the 44.84-acre site [CPD-226M(3)] for changes to the layout of the project site plan and changes to the building elevations. The Subsequent MND evaluated the development of up to 499,000 square feet in order to provide flexibility in the subsequent site plan development for the project.
D. An application was submitted by MG2 (Architects) on behalf of Costco Wholesale for a modification to the Commercial Planned Development Permit for changes to the site plan and building for the development of approximately 20 acres of the 44.84-acre site into a 163,397-square-foot retail warehouse and the construction of a free-standing fuel facility located south of U.S. 101/Ventura Boulevard, north of West Ventura Boulevard, east of Springville Drive, and west of Home Depot. (”Project”) Resolution No. 2024- Second Subsequent MND 2023-4
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E. A Second Subsequent Mitigated Negative Declaration (MND) 2023-4 has been prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the City of Camarillo Environmental Guidelines.
F. Draft Second Subsequent MND 2023-4 was circulated for a 20-day public review period beginning on November 9, 2023, and ending on November 28, 2023. A Notice of Availability and Intent to File a Second Subsequent MND (NOI) was distributed to public agencies, interested parties, local Tribal Groups, and property owners and occupants within a 600-foot radius of the property. The NOI was advertised in a newspaper of general circulation within the area (Ventura County Star), posted at City Hall, and the City’s website.
A sign was posted on the subject property. A copy of the Draft Second Subsequent MND was made available for public review at City Hall and posted on the City’s website.
G. A duly noticed public hearing was held by the Planning Commission for the City of Camarillo on December 5, 2023, at which time testimony was heard on the proposed Project and the Second Subsequent Mitigated Negative Declaration. At the conclusion of the public hearing, the Planning Commission adopted Second Subsequent MND 2023-4 and approved the Project (4-1, Commissioner Limon dissenting).
H. On December 14, 2023, an appeal of the Planning Commission’s decision was filed by Supporters Alliance for Environmental Responsibility (SAFER), represented by the law office of Lozeau Drury LLP. The basis of the appeal is as further described in their appeal and the City’s Agenda staff report.
I. On December 15, 2023, a second appeal of the Planning Commission’s decision was filed by Darshann M. Wienick, Esq. on behalf of Ventura County Citizens Against Mega Gas (VCCAMG). The basis of the appeal is as further described in their appeal and the City’s Agenda staff report.
J. Under CMC sections 19.26.260 and 19.62.090, the timely filing of an appeal will stay the decision of the Planning Commission to which the appeal relates pending the City Council action on the matter.
K. On February 12, 2024, the City received a letter from Lozeau Drury LLP, representing SAFER, withdrawing their appeal.
L. A duly noticed public appeal hearing was held by the City Council for the City of Camarillo on February 14, 2024, to conduct an independent review and a de novo appeal hearing as to the appeal by VCCAMG, at which time testimony was heard from all interested parties under the procedure stated in the Agenda Staff report on the appeal of the Project and the Second Subsequent Mitigated Negative Declaration 2023-4.
M. On February 14, 2024, the City Council opened the public appeal hearing to receive testimony and other evidence regarding the appeal of the Project, including without limitation, information provided to the City Council by, staff, the City’s environmental consultant Cadence and the response to comments, public testimony the applicant, appellant and the public.
Resolution No. 2024- Second Subsequent MND 2023-4
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N. The City Council independently considered the information provided by staff, the City’s environmental consultant Cadence and the response to comments, public testimony, the applicant, and Appellant. This Resolution, and its findings, are made based upon the evidence presented to the City Council at its February 14, 2024, hearing including, without limitation, the staff report submitted by the Director of the Community Development Department and its attachments thereto.
O. The City Council has independently considered the appeal matters and finds that the Second Subsequent Mitigated Negative Declaration 2023-4 adequately complies with the requirements of CEQA.
P. The City Council has reviewed Second Subsequent Mitigated Negative Declaration 2023-4, and the document reflects the independent judgment of the Council.
SECTION 2. Based on the above findings, the City Council of the City of Camarillo denies the appeal and upholds the decision of the Planning Commission to approve and adopt Second Subsequent Mitigated Negative Declaration 2023-4 as shown on Exhibit A, copies of which are on file with the Department of Community Development. All proposed mitigation measures identified in Second Subsequent Mitigated Negative Declaration 2023-4 are hereby adopted by reference. Additionally, although not a mitigation measure, the Applicant agrees that the project will employ the sustainable design features to reduce energy use described in the Supplemental Energy Analysis prepared by Ramboll, dated February 5, 2024, including entering into a Retail Power Purchase Agreement (PPA) directly with a clean energy retailer to provide 100 percent clean power.
SECTION 3. Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 4. Reliance on Record. Each and every one of the determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 5. Limitations. The City Council’s analysis and evaluation of this matter is based on the best information currently available. It is inevitable that in evaluating the matter that absolute and perfect knowledge of all possible aspects of the matter will not exist. One of the major limitations on analysis of the matter is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.
Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 6. Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date. Any such amended part will remain in full Resolution No. 2024- Second Subsequent MND 2023-4
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force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 7. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 8. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 9.Office of Record. The record of proceedings upon which this decision is based is located in the Department of Community Development, which is the office of record for the matter.
SECTION 10.Effective Date. This Resolution is effective upon adoption.
SECTION 11. The Mayor, or presiding officer, is hereby authorized to affix their signature to this Resolution signifying its adoption by the City Council of the City of Camarillo, and the City Clerk is directed to attest thereto.
PASSED AND ADOPTED month day, year.
________________________________
Mayor
Attested to on _________________
_____________________________
City Clerk
I, Kristy Buxkemper, City Clerk of the City of Camarillo, certify Resolution No. __ was adopted by the City Council of the City of Camarillo at a regular meeting held ____, by the following vote:
YES: Councilmembers:
NO: Councilmembers:
ABSENT: Councilmembers:
__________________________
City Clerk
Resolution No. 2024- Second Subsequent MND 2023-4
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EXHIBIT A
To access the Second Subsequent Mitigated Negative Declaration 2023-4, please visit the City’s website at:
https://cityofcamarillo.org/departments/community_development/pending_projects.php