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Home My WebLink AboutAGENDA REPORT 1998 1021 CC REG ITEM 09ATO: FROM: DATE: CITY COUNCIL AGENDA REPORT The Honorable City Council 7/x,3(4) ITEMM a . he CITY OF MOORPARK, CALIFORNIA City Council Meeting of (o'aI -L9IK ACTION• "64 - 12 'I'll "13 ifuld' hcar:n� o�Gr�;dev.lo�Omen ' ov- eern�rr� S'Lhcalule¢�or !t I$'ej t1ja I r�qf + be Pr0CG,S7gM Nelson Miller, Director of Community Development !*�� October 9, 1998 (City Council Meeting of October 21, 1998) SUBJECT: CONSIDER REQUEST BY A -B PROPERTIES AND SOUTHERN CALIFORNIA EDISON COMPANY FOR APPROVAL OF GENERAL PLAN AMENDMENT NO. 97 -2 TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN ON 43.32 ACRES OF UNDEVELOPED LAND APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD AND NORTH OF THE RAILROAD TRACKS (APN. 500 -34 -22 AND -23) FROM "AG -I" (AGRICULTURAL 1 DWELLING UNIT /10 -40 ACRES) TO 11I -2" (MEDIUM INDUSTRIAL) AND ZONE CHANGE NO. 97 -7 TO CHANGE THE ZONING ON THE PROPERTY FROM AE (AGRICULTURAL EXCLUSIVE) TO M -2 (LIMITED INDUSTRIAL). CONTINUED FROM SEPTEMBER 16, 1998. Background At the City Council meeting of September 16, 1998, City Council continued consideration of General Plan Amendment 97 -2 and Zone Change 97 -6 (A -B Properties and Southern California Edison) to October 21, 1998. It was requested by the applicant, that staff attempt to prepare a draft Development Agreement for consideration by the Planning Commission on October 12, 1998, so that the Planning Commission could make a recommendation to City Council on October 21, 1998, and that a public hearing on a draft Development Agreement also be pre- advertised for the City Council meeting of October 21, 1998. Discussion In order to hold a public hearing before Planning Commission on a draft Development Agreement, a notice needed to be sent to the newspaper on September 25, which gave notice of public hearing and availability of the proposed documents for review. Staff and the Ad Hoc Committee (Councilmembers Evans and Perez) were not able to complete preparation and City Attorney review prior to this date. Therefore, a public hearing was not advertised for consideration of a draft Development Agreement for the Planning Commission meeting of October 12, or the City Council meeting of October 21, 1998. 006-001r GPA 97 -2 and ZC 97 -7 October 21, 1998 Page 2 Attached is a letter from John Newton, representing A -B Properties, which requests approval of the General Plan Amendment and Zone Change based upon execution of a "Waiver of Right to Judicial Review ". Such an agreement was used with Bollinger, but that involved a much different situation where the developer had already executed a Development Agreement, but the Agreement would not become effective until he gained ownership of the land. Additionally, Southern California Edison who is also a property owner involved in the proposed General Plan Amendment and zone change was not included in this waiver. Concerns have previously been identified with respect to the proposed change in designation, including the effects of dedication and construction of the 118 Bypass and its connection to Los Angeles Avenue; adequate, dedicated public access to the properties and related circulation impacts; addressing the Gabbert /Walnut Canyon Flood Control Deficiency Study; and relation to surrounding land use. A Development Agreement has been proposed as a means to address these issues to mitigate potential impacts of a change in designation of the properties. Without a Development Agreement, Specific Plan, or other alternative mechanism, these issues may not be adequately addressed to warrant a change in designation. The Planning Commission is now slated to consider the proposed Development Agreement at their meeting on November 9, 1998. It is therefore suggested that these applications be continued to the City Council meeting of November 18, 1998 to allow for Planning Commission review and recommendation. Recommendation It is recommended that this item be continued to November 18, 1998, with the public hearing remaining open and to schedule the Development Agreement pubic hearing for the same date. Attachments 1. Zoning Map 2. General Plan Circulation Element Map 3. Letter dated October 5, 1998 (jo( (j'(j2 , BE- 43 w ve as n 1,0S A &I Sac u oft 37 OS-314.4ac 31, " " " P" In :72 , \re, Do k: it *CIO- 31 om I min I= IE WAR, WINE AE. ATTACHMENT 1 om-003 '()TT IF VD FREEWAY Of ERCKANGE •. NNNNQ� SUC -UWE ARTERIAL -� FOUR-LANE ARTERIAL '-- R -- RURAL COLLECTOR ��- LOCAL COLUCTOR 3 SIGNALIZED INTVRSCCTION AT -GRADE RR CROSSING GRADE SEPARATED RR CROSSING - "'-'-• -• CRY LINTT ROUNUARY •rm.mmu■ SR -118 FREEWAY CORRIDOR � mry '"'� �P^nrr� npsu< Wp�n <nu frr Iwwt C.n W wnwt..r< ►.nom xW u (k p.nnx nr <nJ laamutin Oe�<nwe<,.. 0<wnm<n. Iw rW.�.W� w.rn <rwyl FIGURE 2 CITY OF MOOR-PARK GENERAL PLAN CIRCULATION ELEMENT HIGHWAY NETWORK May n. 1992 ATTACHMENT 2 Lf/ V (ICto004 John W. Newton & Associates, Inc. (0-4F sionu[ �orziulEanEs 165 High St., Suite 103 Post Office Box 471 Moorpark, California 93021 Telephone (805) 378 -0073 Fax No. (805) 378 -0080 October 5, 1998 Steven Kueny City Manager 799 Moorpark Avenue Moorpark, California 93021 Re: GPA 97 -2, ZC 97 -6 Development Agreement 98 -4 A -B Properties CONTINUED PUBLIC HEARING OCTOBER 21, 1998 Dear Steve: Per our discussion last Thursday, I obtained a copy of the Moorpark Country Club Estates "Waiver of Right to Judicial Review" document and prepared a similar document applicable to A -B Properties. The owners of the subject property have executed same as further evidence of their positive intent and commitment. With this added incentive and security to the City, please recommend to the City Council that: I. the GPA and Zone Change be approved on October 21, 1998 2. the Industrial Tentative Tract Map be deemed complete for processing 3. the draft development agreement be scheduled for public hearing at the October 26, 1998 Planning Commission meeting 4. the Planning rcmmissicn Oction and recormendation be returned to the City Council for final approval, along with the second reading of the zoning ordinance on November 4, 1998, and 5. these actions are not precedent setting but are unique to the A -B Properties project in recognition of the Planning Commission's OCT 0 1998 ATTACHMENT 3 REAL ESTATE BROKERAGE MINERAL Commercial • Industrial • Land REAL ESTATE DEVELOPMENT RESOURCE Residential Relocation DEVELOPMENT Engineering • Land Division • Permits Planning • Zoning Steve Kueny October 5, 1998 Page 2 approval of GPA 97 -2, ZC 97 -6; the Applicants' follow - through and agreement with the key elements of a development agreement; and, the execution of the Waiver of Right to Judicial Review. Thanks Steve. Enclosure cc: A -B Properties Nelson Miller Community Development Committee incere1y John W. Newton WAIVER OF RIGHT TO JUDICIAL REVIEW This Waiver of right to Judicial Review ( "Waiver ") is made this day of October, 1998, by and between the CITY OF MOORPARK, a municipal corporation, ( "City "), on the one hand and A -B PROPERTIES, a California General Partnership, on the other hand, with respect to the following facts: A. City and A -B are contemplating entering into a Development Agreement dated October , 1998 ( "Agreement "). The defined terms in this Waiver shall have the same meanings as in the Agreement. B. City will not approve the development of the Property on the terms set forth in the Agreement without assuring itself that it will obtain the benefits contained in the Agreement. C. The Agreement will not become effective until the owners of the Property have agreed to be bound by the terms of the Agreement. D. City's approval of the Project will occur after the Agreement becomes effective. E. Terms of the Agreement have been generally accepted by the City and A -B. City will not unreasonably withhold approval of the Agreement, nor expand the scope of the Agreement beyond the existing general terms and conditions negotiated by and between A -B and the City's Community Development Committee. F. City desires to retain the right to replan or rezone the Property to return the Property to its current planning and zoning designations if the Agreement does not become effective within a reasonable time without having to litigate its right to do so with A -B. Based on the foregoing, it is hereby agreed: 1. City will not commence the process required for replanning the Property to the current Ag -1 designation or rezoning the Property to the current A -E ( "redesignation of the Property ") zone for 30 days after the date upon which the Enabling Ordinance becomes effective pursuant to Government Code Section 39637 in order to allow a reasonable amount of time for the Agreement to become effective. Thereafter, City may, if it determines in its sole discretion that it is in its interest to do so, commence the redesignation of the Property. 2. If City commences the redesignation of the Property, A -B shall have the right to appear at any hearing held in connection with the redesignation of the Property and to make their opposition to the 1 resesignation of the Property known. 3. City will abandon the redesignation of the Property if the Agreement becomes effective before the redesignation of the Property has become final. 4. A -B hereby waives any rights they might otherwise have to seek judicial review of City's actions in connection with the redesigna- tion of the Property, including, but not limited to, any claim of inverse condemnation, if the Agreement has not become effective before the redesignation of the Property has become final. 5. This Waiver may be executed in one or more counterparts, each of which shall be deemed an original. Dated: October , 1998 CITY OF MOORPARK By. Patrick J. Hunter Mayor ATTEST Deborah Traffenstadt City Clerk Dated: October 1998 A -B PROPERTIES By: Z �/ Stephen R. n General Partner By. Paul D. Burns General Partner 2 C +z^�. ,u