HomeMy WebLinkAboutRES PC 2005 0477 0523RESOLUTION NO. PC- 2005 -477
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 NORTH PARK VILLAGE, L.P.
FOR GENERAL PLAN AMENDMENT NO. 2001 -05, SPECIFIC
PLAN NO. 2001 -01, AND ZONE CHANGE NO. 2001 -02, THE
NORTH PARK VILLAGE AND NATURE PRESERVE SPECIFIC
PLAN
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
General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and
Zone Change No. 2001 -02 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 and considered the Environmental Impact Report,
General Plan Amendment, Specific Plan, and Zone Change requests and
recommended to the City Council approval of said requests; and
WHEREAS, the Environmental Impact Report prepared for General
Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone
Change No. 2001 -02 is applicable and 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 Environmental
Impact Report 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 May 23, 2005, to consider the Development
Agreement and to accept public testimony related thereto; and
Resolution No. PC- 2005 -477
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 have
already been addressed by the Environmental Impact Report prepared
for the North Park Village and Nature Preserve Specific Plan
project (SCH No. 2002011114) and no additional environmental
documentation is necessary in that no new significant environmental
impacts, feasible project alternatives, or mitigation measures
considerably different from others previously analyzed have been
identified.
SECTION 2. CONSISTENCY WITH GENERAL PLAN AND ANY APPLICABLE
SPECIFIC PLANS: The Planning Commission finds Development Agreement
No. 2005 -01 is consistent with the City's General Plan and any
applicable Specific Plans if amended by General Plan Amendment No.
2001 -05 and if Specific Plan No. 2001 -01 is adopted.
SECTION 3. RECOMMENDATION: The Planning Commission recommends
that the City Council approve Development Agreement No. 2005 -01 in
the form and content presented to the Planning Commission on March
22, 2005, provided that consideration be given to use of
arbitration in Section 32 of the Development Agreement.
SECTION 4. DOCUMENTS TO CITY COUNCIL: A copy of this
resolution and documents submitted by the public shall be furnished
to the City Council.
SECTION 5. 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.
Resolution No. PC- 2005 -477
Page No. 3
PASSED, APPROVED, AND ADOPTED this 23rd day of May, 2005.
AYES: Commissioners DiCecco, Landis, Taillon and Vice
Chair Peskay
NOES:
ABSTAINED:
ABSENT: Chair Pozza
Scott Pozza, air
j ST: y Ho , Community Development Director