HomeMy WebLinkAboutRES PC 2023 689 2023 0124RESOLUTION NO. PC-2023-689
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING THE THIRD AMENDMENT TO
THE DEVELOPMENT AGREEMENT NO. 2012-03
BETWEEN THE CITY OF MOORPARK AND ESSEX
MOORPARK OWNER, LP., AND MAKING A
DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH
WHEREAS, on March 1, 2017, the City Council conducted a duly noticed public
hearing and adopted Resolution No. 2017-3582 approving Residential Planned
Development Permit No. 2012-02 for the construction of a 200-unit apartment complex
and associated site improvements on approximately 11.66 acres located at 150 Casey
Road, and adopted a Mitigated Negative Declaration from a previous project, Residential
Planned Development Permit No. 2004-06; and
WHEREAS, on March 15, 2017, the City Council adopted Ordinance No. 443,
approving Development Agreement (DA) by and between the City of Moorpark and Essex
Moorpark Owner LP. in association with Residential Planned Development Permit No.
2012-02; and
WHEREAS, on April 17, 2017, the Development Agreement was executed by the
City of Moorpark and Essex Moorpark Owner LP; and
WHEREAS, on June 7, 2021, an application was filed to amend the terms of the
Development Agreement between the City of the Moorpark and Essex Moorpark Owner
LP.; and
WHEREAS, on September 15, 2021, the City Council adopted Ordinance No. 490
approving the First Amendment to DA No. 2012-03; and
WHEREAS, on September 19, 2022, an application was filed to amend the terms
of the Development Agreement between the City of the Moorpark and Essex Moorpark
Owner LP.; and
WHEREAS, on October 19, 2022, the City Council adopted Ordinance No. 509
approving the Second Amendment to DA No. 2012-03; and
WHEREAS, on December 27, 2022, an application was filed to amend the terms
of the Development Agreement between the City of Moorpark and Essex Moorpark
Owner LP.; and
Resolution No. PC-2023-689
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WHEREAS, at a duly noticed public hearing on January 24, 2023, the Planning
Commission considered the Third Amendment to the Development Agreement, including
the agenda report and any supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for and against the
proposal; and
WHEREAS, the Community Development Director has determined that the third
amendment to the DA is consistent with the Mitigated Negative Declaration adopted for
the original project, including Residential Planned Development No. 2012-02; and
WHEREAS the Developer has demonstrated diligent pursuit of the Project
including submittal of building plans, further design work, and continued engagement with
City Staff.
NOW, THEREFORE, THE PLANNING COMMSSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission hereby specifically finds that all the facts
set forth in the Recitals are true and correct.
SECTION 2. ENVIRONMENTAL FINDINGS: The Planning Commission concurs
with the Community Development Director that the Third Amendment to the Development
Agreement No. 2012-03 are consistent with the Mitigated Negative Declaration adopted
for Residential Planned Development Permit No. 2004-06. The MND determined that
there are no significant impacts with the inclusion of specific mitigation measures
identified in the MND Mitigation Monitoring and Reporting Program. The proposed
amendments to the DA do not present any additional environmental impacts.
SECTION 3. DEVELOPMENT AGREEMENT FINDINGS: The Planning
Commission finds and declares as follows:
A. The provisions of the Third Amendment to the Development Agreement are
consistent with the General Plan in that the Project is consistent with the Very High
Density land use designation, helps achieve the goals of the Land Use Element and
Housing Element, and is consistent with the goals and policies of all other elements.
B. The provisions of the Third Amendment to the Development Agreement and the
assurances that said agreement places upon the Project are consistent with the
provisions of Chapter 15.40 of the Moorpark Municipal Code because the
Development Agreement and Third Amendment contain the elements required by
Section 15.40.030 and shall be processed through a duly-noticed public hearing
process as required by law.
SECTION 4. Based on the findings and conclusions set forth in the above sections,
and based on all the other evidence in the record, the Planning Commission recommends
Resolution No . PC-2023-689
Page 3
that the City Council adopt an Ordinance approving the Third Amendment to DA 2012-
03 .
SECTION 5 . FILING OF RESOLUTION : The Community Development Director
shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote :
AYES: Commissioners Alva , Barrett , Brodsly, Di Cecco, and Chair Landis
NOES :
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 24th day of January 2023 .
Carlene Saxton
Community Development Director
Exhibit A -Third Amendment to Development Agreement No . 2012-03