HomeMy WebLinkAboutAGENDA REPORT 2022 0302 CCSA REG ITEM 09A POWERPOINTHilltop / Sunbelt Property
Amended and Restated Deed Restriction
Presented By: Shanna Farley, Principal Planner
REQUEST
City Council March 2, 2022 2
Consider a resolution authorizing the
Second Amended and Restated Deed Restriction
Requiring a General Plan Land Use Map Amendment and Zone Change
to a mixed-use (commercial and residential) land use designation prior
to future site development (Hilltop / Sunbelt Property)*
* Future development of the site would be considered in a separate action and is not proposed at this time
LOCATION
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Princeton Avenue
City Council March 2, 2022
4City Council March 2, 2022
BACKGROUND
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•October 28, 2014 –Filed General Plan Amendment Pre-Screening
•July 1, 2015 -City Council approved pre-screening subject to a deed restriction requiring:
•Specific Plan and deposit $20,000 with the City towards the preparation of a Specific Plan
•September 29, 2015 –Filed General Plan Amendment Application:
•Included two small remnant parcels, changed designation from Freeway/Right of Way to I-1 (Light
Industrial)
•Approved by City Council on July 20, 2016, with deed restriction
•March 22, 2017 –Lot Line Adjustment Recorded creating 21.32 acre property (Hilltop/Sunbelt)
•December 6, 2019 –Applicant requested deed restriction modification:
•Removal of the deed restriction to develop a Specific Plan and refund of the $20,000 deposited for the
Specific Plan
•July 15, 2020 –City Council approved removal of specific plan requirement, but adjusted $20,000 payment
to be used towards General Plan Update
City Council March 2, 2022
DRAFT SECOND AMENDED AND
RESTATED DEED RESTRICTION
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For five (5)years following the date of recordation of this Second Amended and Restated Deed
Restriction,any development of the Hilltop Parcels shall be limited to commercial and residential uses as
permitted or conditionally permitted under the Moorpark Municipal Code,provided that prior to the
issuance of a grading or building permit for the Hilltop Parcels or commencement of any commercial or
residential use of that those Parcels,one of the following has occurred:(a)the Land Owner has applied
for,the City has diligently processed,and the Land Owner has obtained General Plan prescreening
approval followed by a General Plan Land Use Map amendment to change the designation for the Parcels
from LI (Light Industrial)to a commercial newly created mixed-use land use designation;a Zoning Map
amendment to change the zoning for the Parcels from M-1 (Industrial Park)to a commercial newly created
mixed-use zone;and a Development Agreement;or (b)the City undertakes,on its own initiative,the
changes noted in subsection (a)above either as a parcel specific action or as part of a General Plan and
Zoning Code Update.If the General Plan and Zoning Map amendments noted in subsection (a)or (b)of
the preceding sentence have not occurred within five (5)years following the date of this Second Amended
and Restated Deed Restriction,then this Second Amended and Restated Deed Restriction shall be void
and of no further force and effect and the City shall record a quitclaim documenting same,and the Land
Owner will be allowed to obtain grading and building permits for,and to commence uses of the Parcels in
compliance with,the applicable General Plan land use and Zoning designation of the property at that time.
City Council March 2, 2022
ANALYSIS
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General Plan Update –currently underway
December 16, 2021 –General Plan Advisory Committee (GPAC)
•Opportunity Sites and Land Use Plan
•Applicant requested consideration of a residential component on Hilltop
Property
•GPAC majority recommended Mixed-Use District for site
January 25, 2022 –Planning Commission Recommended the Draft Land Use Plan
February 2, 2022 –City Council Draft Land Use Plan Confirmed
February 22, 2022 –Planning Commission recommended that the City Council authorize
the draft resolution via Resolution No. PC-2022-667
City Council March 2, 2022
DRAFT LAND USE PLAN
8City Council March 2, 2022
DRAFT LAND USE PLAN
9City Council March 2, 2022
ENVIRONMENTAL DETERMINATION
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Pursuant to Section 153061(b)(3),California Environmental Quality
Act (CEQA),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.
The proposed second amended and restated deed restriction will not
have any physical effect on the environment.If the amendment to the
General Plan and zoning designations outlined in the proposed deed
restriction are pursued,these actions would be subject to
environmental review at that time pursuant to CEQA Guidelines.
City Council March 2, 2022
STAFF RECOMENDATION
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Adopt Resolution No.2022-_____authorizing a second amended
and restated deed restriction be recorded,superseding an earlier
amended and restated deed restriction and requiring a General Plan
Land Use Map Amendment and Zone Change to a mixed-use
(commercial and residential)land use designation prior to future site
development of a 21.32-acre property located on the west side of
Princeton Avenue and south of State Route (SR)118 (Assessor
Parcel Numbers (APN)513-0-010-295 and 513-0-010-285).
* Future development of the site would be considered in a separate action and is not proposed at this time
City Council March 2, 2022