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Home My WebLink AboutAGENDA REPORT 2023 1018 CCSA REG ITEM 08A SUPPLEMENTALMOORPARK CITY COUNCIL SUPPLEMENTAL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director DATE: 10/18/2023 Regular Meeting SUBJECT: Consider Ordinance Approving the Second Amendment to Development Agreement No. 2018-01 between the City of Moorpark and Daly Group, Inc. and Making a Determination of Consistency with the Previously Adopted Mitigated Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewithin CORRECTION TO AGENDA REPORT Subsequent to the preparation of the staff report, staff found the incorrect Ordinance was referenced and attached in the initial report. Following is the correction to stamped page 1: “On November 2, 2022, the City Council adopted Ordinance No. 5079 approving the First Amendment to DA No. 2018-01 (Attached). The First Amendment clarified that certain land is not included in the description of property within the DA, correcting the legal description of the Project site to reflect the removal of approximately 240 square feet at the southwest corner resulting from an approved lot line adjustment.” Attachment: Ordinance No. 5079 (First Amendment to DA No. 2018-01) Item: 8.A. SUPPLEMENTAL 1 ORDINANCE NO. 507 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF MOORPARK AND DALY GROUP, INC WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1 , Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that 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 approved 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 21, 2020, the City Council adopted Ordinance No. 484, approving Development Agreement No. 2018-01 (DA); and WHEREAS, on September 27, 2022, the Planning Commission adopted Resolution No. PC-2022-681, recommending approval of the First Amendment to Development Agreement No. 2018-01 (DA); 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 WHEREAS, a duly noticed public hearing was conducted by the City Council on October 5, 2022, to consider the First Amendment the DA and to accept public testimony related thereto; and WHEREAS, the City Council has considered all points of public testimony relevant to the First Amendment to the DA and has given the matter careful consideration. ATTACHMENT 2 Ordinance No. 507 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find as follows: A. The City Council hereby specifically finds that all the facts set forth in the Recitals are true and correct. B. ENVIRONMENTAL FINDINGS: The City Council concurs with the Community Development Director that the First Amendment to the DA is consistent with the Mitigated Negative Declaration adopted for the Project. C. The First Amendment to the DA is consistent with the General Plan. D. The First Amendment to the DA and the assurances that said agreement places upon the project are consistent with the intent and provisions of the Mitigated Negative Declaration adopted for the Project. E. The Development Agreement is necessary to ensure the public health, safety, and welfare. SECTION 2. The City Council hereby adopts the First Amendment to the Development Agreement (Exhibit A) between the City of Moorpark, a municipal corporation, Daly Group, Inc., and the City Clerk is hereby directed to cause one copy of the signed, adopted agreement to be recorded with the County Recorder no later than ten (10) days after the City enters into the First Amendment pursuant to the requirements of Government Code Section 65868.5. SECTION 3. 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. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. 3 Ordinance No. 507 Page 3 SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 2nd day of November, 2022. Q4/171,\.J Janice S. Parvin, Mayor11. a ATTEST: VW fib Ky S a gler, City erk 111110)1orp.a Attachment: Exhibit A— First Amendment to Development Agreement No. 2018-01 4 Ordinance No. 507 Page 4 EXHIBIT A Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MOORPARK AND DALY GROUP, INC. 5 Ordinance No. 507 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 MOORPARK, 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. 6 Ordinance No. 507 Page 6 IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed the day and year first above written. DEVELOPER: CITY: DALY GROUP,INC., CITY OF MOORPARK, a California corporation a municipal corporation By: By: Vincent Daly, Janice S. Parvin, Mayor its President ATTEST: Ky Spangler, City Clerk APPROVED AS TO FORM: By: Kevin G. Ennis, City Attorney 7 Ordinance No. 507 Page 7 EXHIBIT "A" DESCRIPTION OF EXCLUDED PROPERTY EXHIBIT A' CITY OF MOORPARK LOT LINE ADJUSTMENT NO. 2022-01 LEGAL DESCRIPTION: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 2017-01,IN THE CITY OF MOORPARK,COI1ITY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 72, PAGES 27 THROUGH 30, INCLUSIVE,OF PARCEL MAPS,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE WEST LINE OF SAID PARCEL 2, I) 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;THENCE ALONG SAID SOUTH LINE, 6) NORTH 89°30' 35"WEST,A DISTANCE OF 46.73 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 240 SQUARE FEET OF LAND. ALL AS SHOWN ON EXHIBIT'8'AND BY REFERENCE HEREIN,MADE A PART. S, L 4 y.ItL\S D.HeePtP{ Ur A 8 3 8 5 DATED:06/29/2022 4 Q' CAI'E \ N8 NO:22-6203 8 Ordinance No. 507 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 PENALTY 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) 9 Ordinance No. 507 Page 9 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 Ordinance No. 507 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of November, 2022 and that the same was adopted by the following vote: AYES: Councilmembers Castro, Pollock and Mayor Parvin NOES:None ABSENT: Councilmembers Enegren and Groff ABSTAIN:None WITNESS my hand and the official seal of said City this 3rd day of November, 2022. I K Y San9l / t' City derk seal) p pARK' A,Al.,.O 411194 tx 74, 4 1VNA JuL4 h III 10