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Home My WebLink AboutRES PC 2022 681 2022 0927RESOLUTION NO. PC-2022-681 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF MOORPARK AND DALY GROUP, INC. AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITHIN WHEREAS, the City of Moorpark (the "City") owns property located at 226 High Street in the City (the "Property"); and WHEREAS, it is contemplated that the Developer will build a mixed-use commercial and residential project including 79 residential dwelling units and 13,628 square feet of commercial floor area within four mixed-use buildings and three standalone commercial buildings on the Property (the "Project"); and WHEREAS, on September 10, 2020, the Planning Commission recommended approval of Resolution No. PC-2020-653, recommending the City Council determine the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 7, 2020, the City Council adopted Resolution Nos. 2020-3949 and 2020-3950, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, conditionally approving Residential Planned Development Permit No. 2018-01 for the Project, and a Disposition and Development Agreement (DOA), for a mixed-use development consisting of 79 residential units, 13,628 square feet of commercial and associated land improvements located at 226 High Street in the Downtown Specific Plan on an application of Daly Group, Inc., and finding the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 21, 2020, the City Council adopted Ordinance No. 484, approving Development Agreement (DA) No. 2018-01; and WHEREAS, on December 15, 2021, the City Council adopted Resolution No. 2021-4057 approving the First Amendment to the ODA; and WHEREAS, on September 21, 2022, the City Council adopted Resolution No. 2022-4132 approving the Second Amendment to ODA No. 2018-01; 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; and High Street Depot Resolution No. PC-2022-681 Page2 WHEREAS, the Developer has agreed to the terms of the transaction as outlined in the First Amendment to DA; and WHEREAS, the City desires to proceed with the sale of the Property pursuant to the terms of the First Amendment to DA (as amended); and WHEREAS, the City finds that the sale of the Property is in furtherance of the creation of economic opportunity for the City; and 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 First Amendment to the Development Agreement is consistent with the Mitigated Negative Declaration adopted for the Residential Planned Development Permit No. 2018-01. SECTION 3. DEVELOPMENT AGREEMENT FINDINGS: The Planning Commission finds and declares as follows: A. The provisions of the First Amendment to the Development Agreement are consistent with the General Plan and Downtown Specific Plan in that the Project is consistent with the Specific Plan -Downtown 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. The disposition of the City-owned land to the Applicant for the purposes of developing a mixed-use project in accordance with the General Plan and Downtown Specific Plan furthers the City's goals to revitalize the Downtown, achieve a well-balanced and diversified economy, and provide a variety of housing options. B. Pursuant to Government Code Section 52201(b), the Planning Commission finds that, pursuant to the terms of the First Amendment to the Development Agreement, the final purchase price received as consideration for the sale of the property to the developer is not affected by the amendment and it will continue to reflect fair market value at its highest and best use. 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 that the City Council adopt an Ordinance approving the First Amendment to DA 2018-01. High Street Depot Resolution No . PC-2022-681 Page 3 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, Rokos, and Chair Landis NOES: ABSENT: ABSTAIN: Commissioner Brodsly PASSED, AND ADOPTED this 27th day of September 2022. ~ C Carlene Saxton ¥= Community Development Director Exhibit A -First Amendment to Development Agreement 2018-01 High Street Depot Resolution No. PC-2022-681 Page4 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOO RP ARK 799 Moorpark A venue Moorpark, California 93021 EXHIBIT A EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MOO RP ARK AND DALY GROUP, INC. High Street Depot Resolution No. PC-2022-681 Page 5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is dated as of _____ , 2022, and is entered into by and between the CITY OF MOO RP ARK, a municipal corporation ("City"), and DALY GROUP, INC., a California corporation ("Developer"). RECITALS WHEREAS, the City and Developer entered into that certain Development Agreement dated October 23, 2020, which was recorded on November 2, 2020 as Document No. 20201102- 00183317-0 1/52 in the Official Records of Ventura County, California ("DA"); and WHEREAS, City and Developer desire to amend the DA to exclude the land described on Exhibit "A" attached hereto (the "Excluded Property") from the DA (such that the term "Property" used in the DA shall not include such land). NOW, THEREFORE, the parties hereby agree as follows: 1. Amendment. The Excluded Portion is hereby excluded from the "Property" described in the DA (and the term "Property" as used in the DA shall no longer include the Excluded Property). 2. Counterparts. This Amendment may be executed and recorded in counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same instrument. High Street Depot Resolution No. PC-2022-681 Page6 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DEVELOPER: DALY GROUP, INC., a California corporation By: Vincent Daly, its President CITY: CITY OF MOO RP ARK, a municipal corporation By: Janice Parvin, Mayor ATTEST: Ky Spangler, City Clerk APPROVED AS TO FORM: By: Kevin G. Ennis, City Attorney EXHIBIT "A" DESCRIPTION OF EXCLUDED PROPERTY EXHIBIT '.A I CITY OF MOORPARK LOT LINE ADJUSTMENT NO. 2022-01 PROPOSED PARCEL 1 ALL THAT CERTAIN REAL PROPER1Y SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 2017 ·01, IN THE CTTY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS P'ER MAP FILED IN BOOK 72, PAGES 27 THROUGH 30, INCLUSIVE, OF PARCEL MAPS , ALED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; TOGETHER WITH THAT PORTION OF PARCEL 2 OF SAID PARCEL MAP NO. 2017-01, BBNG MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE WEST LINE Of SAID PARCEL 2, 1) NORTH 00°29'25 " EAST, A DISTANCE OF 8.00 FEET; THENCE LEAVING SAID WEST LINE OF PARCEL 2, 2) SOUTH 89°30 '35" EAST, A DISTANCE OF 20.00 FEET; THENCE, 3) SOUTH 00°29'25 '' WEST, A DISTANCE OF 5.00 FEET; THENCE , 4) SOUTH 89°30 '35 " EAST, A DISTANCE OF 26.73 FEET; THENCE, 5) SOUTH 00°29'25 " WEST, A DISTANCE OF 3.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 2; TI-tENCE ALONG SAID SOUT H LINE, 6) NORTH 89°30'35" WEST, A DISTANCE OF 46 .73 FEET TO THE SAID POINT OF BEGINNING . CONTAINING 17,207 SQUARE FEET OF LAND. ALL AS SHOWN ON EXHIBIT 'B' AND BY REFERENCE HEREIN, MADE A PART . DATED : 06/29/2022 JOB NO.: 22-6203 High Street Depot Resolution No. PC-2022-681 Page 8 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _________ _ ) ) On , before me, -------------------------~ (insert name and title of the officer) Notary Public, personally appeared---------------------~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________ _ (Seal)