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HomeMy WebLinkAboutRES CC 2011 3002 2011 0216RESOLUTION NO. 2011 -3002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, HOLD A PUBLIC HEARING, AND PROVIDE A RECOMMENDATION ON AMENDMENTS TO THE GENERAL PLAN LAND USE DESIGNATION AND ZONING MAP, AND TERMINATION OF A DEVELOPMENT AGREEMENT WITH SOUTHERN CALIFORNIA EDISON ON 8.79 ACRES LOCATED ON THE NORTH SIDE OF THE UNION PACIFIC RAILROAD RIGHT - OF -WAY, WEST OF GABBERT ROAD WHEREAS, on December 16, 1998, the Moorpark City Council adopted Resolution No. 98 -1556, amending the General Plan land use designation from Agricultural (AG -1) to Medium Industrial (1 -2) on approximately 43 acres of land west of Gabbert Road and north of the Southern Pacific (now Union Pacific) railroad right -of- way owned by Southern California Edison and A -B Properties; and WHEREAS, on December 16, 1998, the Moorpark City Council adopted Ordinance No. 249, approving an amendment to the Zoning Map from Agricultural Exclusive (AE) to Limited Industrial (M -2) on approximately 43 acres of land west of Gabbert Road and north of the Southern Pacific (now Union Pacific) railroad right -of- way owned by Southern California Edison and A -B Properties; and WHEREAS, on December 16, 1998, the Moorpark City Council adopted Ordinance No. 250 (effective January 15, 1999), approving two Development Agreements, one between the City of Moorpark and A -B Properties regarding approximately 34.53 acres, and one between the City of Moorpark and Southern California Edison Company (SCE) regarding 8.79 acres, both being west of Gabbert Road and north of the Southern Pacific (now Union Pacific) railroad right -of -way and the subject of the General Plan Amendment approved by Resolution No. 98 -1556 and the Zone Change approved by Ordinance No. 249; and WHEREAS, on September 14, 2010, the City of Moorpark entered into a Settlement Agreement and Mutual Release with the Southern California Edison Company (SCE) regarding the 8.79 acres owned by SCE that was part of the subject property of the Resolution No. 98 -1556, Ordinance No. 249, and Ordinance No. 250; and WHEREAS, as part of the Settlement Agreement, the City agreed to amend the Zoning Map, returning the 8.79 -acre property to its original Zoning designation of Agricultural Exclusive (AE), as well as amend the General Plan to reflect the original land use designation of Agricultural (AG -1), and to terminate the Development Agreement for this property; and Resolution No. 2011 -3002 Page 2 WHEREAS, Section 17.44.050 of the Moorpark Municipal Code provides that the City Council may initiate proceedings to consider General Plan Amendments and Zoning Map Amendments by the adoption of a resolution of intent; and WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes procedures for termination of Development Agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. INITIATION OF PROCEEDINGS: The City Council hereby authorizes the initiation of proceedings to consider amendments to the General Plan and Zoning Map, and termination of a Development Agreement on 8.79 acres located on the north side of the Southern Pacific Railroad right -of -way, west of Gabbert Road. SECTION 2. DIRECTION TO PLANNING COMMISSION: The Planning Commission is hereby directed to study, hold a public hearing, and provide a recommendation to the City Council on this matter. SECTION 3. 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 16th day of February, 2011. ATTEST: Maureen Benson, City Clerk Jan a S. Parvin Mayor Resolution No. 2011 -3002 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2011 -3002 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 16th day of February, 2011, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 2nd day of March, 2011. Maureen Benson, City Clerk (seal)