HomeMy WebLinkAboutRES PC 2005 0472 0322RESOLUTION NO. PC- 2005 -472
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF MOORPARK AND SHEA HOMES, L.P. FOR
VESTING TENTATIVE TRACT NO. 5424 AND RESIDENTIAL
PLANNED DEVELOPMENT NO. 2003 -02
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, the owners of the land with an application for
Vesting Tentative Tract No. 5425 Residential Planned Development
No. 2003 -01 have applied to the City of Moorpark to seek a
Development Agreement with the City pursuant to Chapter 15.40 of
the Moorpark Municipal Code; and
WHEREAS, the Planning Commission of the City of Moorpark has
previously reviewed the Mitigated Negative Declaration, General
Plan Amendment, Zone Change, Vesting Tentative Tract Map and
Residential Planned Development requests and recommended to the
City Council approval of said requests; and
WHEREAS, the Mitigated Negative Declaration prepared for
General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02,
Vesting Tentative Tract No. 5425, and Residential Planned
Development No. 2003 -02 is sufficient environmental documentation
for the Development Agreement, since the Development Agreement
relates to providing for the financing and or construction of
various improvements and facilities relating to the project area
that have already been addressed by the Mitigated Negative
Declaration for the project; and
WHEREAS, the City Council desires that the Planning Commission
evaluate and provide recommendations for revision, denial and /or
approval of a Development Agreement between the City and owners,
and has provided the Commission with true copies of the Development
Agreement; and
WHEREAS, a duly noticed public hearing was conducted by the
Planning Commission on March 22, 2005, to consider the Development
Agreement and to accept public testimony related thereto; and
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 472 Shea DA 03- 01.doc
Resolution No. PC- 2005 -472
Page No. 2
WHEREAS, the Planning Commission has considered all points of
public testimony relevant to the Development Agreement and has
given careful consideration to the content of the Development
Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The potential
environmental impacts concerning this Development Agreement relates
to and would provide for financing and construction of various
improvements and facilities relating to the project area which have
already been addressed by the Mitigated Negative Declaration
prepared for the General Plan Amendment, Zone Change, Vesting
Tentative Tract Map and Residential Planned Development Permit.
SECTION 2. RECOMMENDATION: The Planning Commission recommends
that the City Council approve Development Agreement No. 2003 -01 in
the form and content presented to the Planning Commission on March
22, 2005.
SECTION 3. DOCUMENTS TO CITY COUNCIL: A copy of this
resolution, documents furnished by the public, and minutes of the
public hearing shall be furnished to the City Council.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall certify to the adoption of this resolution and 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: Commissioner Landis and Taillon, and Vice -Chair Peskay
NOES:
ABSTAINED: Commissioner DiCecco
ABSENT: Chair Pozza
PASSED, APPROVED, AND ADOPTED this 22nd day of March, 2005.
_1W_
Scott Pozza, Chair
AT EST:
a ry K. oga
C u y De el ment Director