HomeMy WebLinkAboutRES CC 2020 3937 2020 0715RESOLUTION NO. 2020-3937
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REQUIRING THAT AN AMENDED
AND RESTATED DEED RESTRICTION BE RECORDED FOR A
VACANT, 21.80-ACRE PROPERTY (ASSESSOR PARCEL
NUMBER 513-0-010-295) LOCATED ON THE WEST SIDE OF
PRINCETON AVENUE AND SOUTH OF HIGHWAY 118,
REMOVING THE REQUIREMENT FOR PREPARATION OF A
SPECIFIC PLAN AND REQUIRING A GENERAL PLAN LAND
USE MAP AMENDMENT, ZONE CHANGE AND DEVELOPMENT
AGREEMENT FOR FUTURE COMMERCIAL DEVELOPMENT OF
THE PROPERTY, AND AMENDING THE FISCAL YEAR 2020/21
BUDGET BY $20,000 FOR THE TRANSFER OF APPLICANT'S
DEPOSIT ALLOCATED FOR THE SPECIFIC PLAN TO
PARTIALLY FUND THE CITY'S COMPREHENSIVE GENERAL
PLAN UPDATE FOR THE APPLICATION OF MARK ROSS,
AGENT, SUNBELT ENTERPRISES, LLC
WHEREAS, on December 6, 2019, an application was filed by Sunbelt
Enterprises LLC to remove the deed restriction requiring the preparation of a Specific
Plan prior to development of the 21.80-acre Hilltop Property located on the west side of
Princeton Avenue, South of Highway 118 (the "Hilltop Property"); and
WHEREAS, on June 2, 2020, the Planning Commission adopted Resolution No.
2020-651, recommending that the City Council adopt a Resolution requiring that an
amended and restated deed restriction be recorded removing the requirement to
prepare a Specific Plan and requiring a General Plan Land Use Map Amendment and
Zone Change to a commercial land use prior to future site development; and
WHEREAS, at a public meeting on July 1, 2020, the City Council considered an
agenda report for removal of the requirement to prepare a Specific Plan and requiring a
General Plan Land Use Map Amendment and Zone Change to a commercial land use
prior to future site development; and
WHEREAS, as stated in the agenda report, the $20,000 deposit for preparation
of a specific plan from the developer's project account (D6353-24100) would be
transferred to Community Development Fund (2200). A budget amendment for fiscal
year 2020/21 is requested to increase Community Development Department Revenue
Account 2200-000-0000-43360 by $20,000 and increase the Planning Division's
Contractual Services expenditure account 2200-161-0000-51000 by the same amount
to authorize the money to be used to partially fund the City's Comprehensive General
Plan update; and
WHEREAS, the City Council continued the item to the July 15, 2020, regular
meeting anq directed staff to include a requirement for a Development Agreement in
addition to a General Plan Amendment and Zone Change application, to clarify the
Resolution No. 2020-3937
Page 2
City's retention of the $20,000 deposit for use toward the City's comprehensive General
Plan update, and that a future application for General Plan Amendment, Zone Change
and Development Agreement on behalf of the property owner or developer would
require a new deposit consistent with the City's adopted fee schedule; and
WHEREAS, the Community Development Director has determined that this
project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 153061 (b )(3), which states the activity is
covered by the commonsense exemption that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Neither the
removal of the existing deed restriction nor the addition of the proposed amended and
restated deed restriction will have any physical effect on the environment. The proposed
action is advisory and represents a policy decision regarding the potential future use of
the Hilltop Property. If the amendment to the General Plan and zoning designations of
the subject property are pursued, these actions would be subject to environmental
review at that time pursuant to CEQA Guidelines.
WHEREAS, on July 15, 2020, the City Council adopted Resolution No. 2020-
3937, for the action referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the Community Development Director's determination that this project is
Exempt from the provisions of CEQA pursuant to Section 153061 (b )(3), which states
that the activity is covered by the commonsense exemption that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
SECTION 2. SPECIFIC PLAN REQUIREMENT REMOVAL FINDING: Based
upon the information set forth in the staff report(s), accompanying studies, and oral and
written public testimony, the City Council finds that a Specific Plan would not serve the
interests of establishing future land uses and policies for the 21.80-acre Hilltop Property
and surrounding area.
SECTION 3. GENERAL PLAN LAND USE MAP AMENDMENT: Based upon
the information set forth in the staff report(s), accompanying studies, and oral and
written public testimony, the City Council finds that in order to facilitate future
commercial development of the highly visible and prominent project site the landowner
shall apply for and obtain a General Plan Land Use Map Amendment to a commercial
land use designation.
SECTION 4. ZONE CHANGE: Based upon the information set forth in the
staff report(s), accompanying studies, and oral and written public testimony, the City
Council finds that in order to facilitate future commercial development of the project site
the landowner shall apply for and obtain a Zone Change to a commercial zone district.
Resolution No. 2020-3937
Page 3
SECTION 5 . DEVELOPMENT AGREEMENT: Based upon the information
set forth in the staff report(s), accompanying studies, and oral and written public
testimony, the City Council finds that in order to facilitate future commercial
development of the project site, the landowner or developer shall apply for and obtain a
Development Agreement as part of any future development application.
SECTION 6. BUDGET AMENDMENT: The budget amendment of $20,000 to
increase revenues and expenditures, as more particularly described in Exhibit A,
attached hereto, is hereby approved
SECTION 7. CITY COUNCIL APPROVAL: The City Council approves the
Amended and Restated Deed Restriction, attached hereto as Exhibit A, that such
document be recorded for a vacant, 21.80-acre property located on the west side of
Princeton avenue and south of highway 118, removing the requirement for preparation
of a specific plan and requiring a general plan land use map amendment, zone change
and development agreement for future commercial development of the property, and
redirecting $20,000 allocated for the specific plan to partially fund the . city's
comprehensive general plan update for the application of Mark Ross, agent, Sunbelt
Enterprises, LLC.
SECTION 8. CERTIFICATION OF ADOPTION: The City Clerk shall certify to
the adoption of this resolution and shall cause a certified resolution to be filed in the
book of original resolutions .
PASSED AND ADOPTED this 15th day of July, 2020 .
. ~AefYJ~ ~ .
JaiCeS:Pclr\tin, Mayor
ATTEST:
Ky Spa~
Resolution No. 2020-3937
Page 4
FOR TRANSFER OF REMAINING DEPOSIT FROM PROJECT D6353
(SP2016-01 SUNBELT ENTERPRISES, LLC) TO PARTIALLY FUND THE
CITY'S COMPREHENSIVE GENERAL PLAN UPDATE
FY 2020/21
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Community Development Fund 2200-000-00000-33990 $ -
Total $ -
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision Amended Budget
2200-000-00000-43360 $ (25,000.00) $ (20,000.00) $ (45,000.00)
Total $ (25,000.00) $ (20,000.00) $ (45,000.00)
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2200-161-00000-51 000 $ 25,000.00 $ 20,000.00 $ 45,000.00
Total $ 25,000.00 $ 20,000.00 $ 45,000.00
Resolution No. 2020-3937
Page 5
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
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)
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SS.
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No . 2020-3937 was adopted by
the City Council of the City of Moorpa rk at a regular meeting held on the 15th day of
July 2020, and that the same was adopted by the following vote:
AYES: Councilmembers Enegren, Mikos , Pollock, Simons , and Mayor Parvin
NOES : None
ABSENT: None
ABSTAIN : None
WITN ESS my hand and th e offici a l sea l of said City thi s 15th d a y of July, 2 020 .
KyS~~~e rk
(sea l)