The URL can be used to link to this page

Home My WebLink AboutRES CC 2022 4078 2022 0302 RESOLUTION NO. 2022-4078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDED AND RESTATED DEED RESTRICTION FOR A VACANT, 21.32-ACRE PROPERTY LOCATED ON THE WEST SIDE OF PRINCETON AVENUE AND SOUTH OF STATE ROUTE 118, REQUIRING A GENERAL PLAN AMENDMENT AND ZONE CHANGE TO A MIXED-USE (RESIDENTIAL AND COMMERCIAL) LAND USE DESIGNATION PRIOR TO FUTURE DEVELOPMENT OF THE PROPERTY AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF RON DRORI, OF PRINCETON DEVELOPMENT LLC, ON BEHALF OF SUNBELT ENTERPRISES, LLC WHEREAS, on December 23, 2021, an application was filed by Ron Drori, of Princeton Development LLC (applicant), on behalf of Sunbelt Enterprises LLC (landowner), to amend a deed restriction to allow residential uses in addition to commercial land uses on the development of the 21.32-acre Hilltop Property located on the west side of Princeton Avenue, south of State Route 118 (the "Hilltop Property"); and WHEREAS, on February 22, 2022, the Planning Commission considered the agenda report and any supplements thereto and written public comments; received a presentation by staff; and took and considered public testimony both for and against the proposal; and reached a decision on this matter. The Planning Commission considered a resolution recommending that the City Council adopt a second amended and restated deed allowing a General Plan Land Use Map Amendment and Zone Change to a commercial and residential (mixed-use) land use prior to future site development. The Planning Commission unanimously recommended the City Council authorize a second amended and restated deed allowing a General Plan Land Use Map Amendment and Zone Change to a commercial and residential (mixed-use) land use prior to future site development as adopted in Planning Commission Resolution No. PC-2022-667; and WHEREAS, on March 2, 2022, the City Council considered a second amended and restated deed allowing a General Plan Land Use Map Amendment and Zone Change to a commercial and residential (mixed-use) land use prior to future site development, received a presentation by staff, and took and considered public testimony, and discussed and reached a decision on this matter; 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 Resolution No. 2022-4078 Page 2 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. 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. GENERAL PLAN LAND USE MAP AMENDMENT: Based upon the information set forth in the staff report, and oral and written public testimony, the City Council finds that in order to facilitate future commercial and residential 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 and residential (mixed-use) land use designation. SECTION 3. ZONE CHANGE: Based upon the information set forth in the staff report, and oral and written public testimony, the City Council finds that in order to facilitate future commercial and residential development of the project site the landowner shall apply for and obtain a Zone Change to a commercial and residential (mixed-use) zone district. SECTION 4. SECOND AMENDED AND RESTATED DEED RESTRICTION: The City Council authorizes a second amended and restated deed restriction to be recorded requiring that the landowner apply for a General Plan Land Use Map Amendment to a commercial and residential (mixed-use) land use designation and a Zone Change to a commercial and residential (mixed-use) zone district prior to future site development. SECTION 5. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Resolution No. 2022-4078 Page 3 SECTION 6. 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 2nd day of March, 2022. di/ r ice S. Parvin, Mayor ATTEST: ( ;‘ VrKii IVO Ky Span r ity rk ,, Resolution No. 2022-4078 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2022-4078 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of March, 2022, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of March, 2022. Ky Sp ler, Cit Jerk (seal)