HomeMy WebLinkAboutRES PC 2007 522 2007 0724RESOLUTION NO. PC- 2007 -522
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, FINDING THAT AMENDMENT NO. 2 TO
THE REDEVELOPMENT PLAN DOES NOT AFFECT THE CITY'S
GENERAL PLAN, RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR
AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN, AND
RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK APPROVE, AND THE CITY COUNCIL ADOPT,
AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN
WHEREAS, by its Ordinance No. 110, dated July 5, 1989, the City Council of the
City of Moorpark (the "City Council" and "City," respectively) adopted a Redevelopment
Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project
Area," as appropriate) pursuant to procedures codified within the California Community
Redevelopment Law ( "CCRL "; Health and Safety Code Section 33000 et seq.); and
WHEREAS, on July 5, 1989, the City Council, by its Ordinance No. 111,
approved an amendment ( "Amendment No. 1") to the Plan to "re- enact" certain
restrictions on the Agency's eminent domain authority subject to approval of the
electorate of the City; and
WHEREAS, on July 19, 1989, the City Council, by its Resolution No 89 -588,
called for a special election to be held, for the purpose of submitting Amendment no. 1
to the City's electorate for approval; and
WHEREAS, on November 7, 1989, a Special Municipal Election was held and
conducted in the City, whereby the electorate approved the adoption of Ordinance No.
111; and
WHEREAS, Ordinance No. 111 was made effective on December 6, 1989, by
City Council Resolution No 89 -623; and
WHEREAS, the Moorpark Redevelopment Agency's (the "Agency ") eminent
domain authority promulgated under the Plan for the Project Area expired on July 4,
2001; and
WHEREAS, in accordance with Article 12 of the CCRL, commencing with
Section 33450, the City Council may amend the Plan upon the recommendation of the
Agency; and
WHEREAS, it is the Agency's desire, so that it may more effectively administer
the Plan, and implement redevelopment projects and programs in the Project Area, to
prepare an amendment ( "Amendment No. 2 ") to the Plan to reinstate the Agency's
eminent domain authority within the Project Area for an additional 12 -year period as
permitted under CCRL Section 33333.4(g)(2); and
Resolution No. PC- 2007 -522
Page 2
WHEREAS, as a part of the process to prepare and process Amendment No. 2,
a Project Area Committee (PAC) was established pursuant to CCRL procedures, which
PAC has recommended, after considering input from Project Area residents and the
business community, that the provisions of Ordinance No. 111 should be reinstated
within the Plan (and that the Agency should, therefore, be restricted in its use of
eminent domain as provided hereunder), for an additional 12 year period; and
WHEREAS, the Planning Commission desires to take into consideration the
recommendation of the PAC as a part of its deliberations; and
WHEREAS, pursuant to CCRL Section 33453, the proposed changes to the
Plan, visa -vis Amendment No. 2, are being submitted to the Planning Commission so
that it may make a report and recommendation as to how the changes affect the City's
General Plan (the "General Plan "); and
WHEREAS, the General Plan contains all elements required by Article 5, and its
housing element, required to be updated on a five year cycle, was last updated in
December 2001 and is, therefore, current; and
WHEREAS, Section 522 of the Plan, which will not be modified by Amendment
No. 2, provides that "[a]II development within the Project Area shall be consistent within
the General Plan ... as amended from time to time "; and
WHEREAS, Amendment No. 2 proposes no changes to land use designations
within the Project Area and land use designations contained in the Plan are the same as
those land use designations shown on the adopted land use maps of the General Plan;
and
WHEREAS, Amendment No. 2 proposes no changes to existing development
policies, guidelines, and /or standards for properties located within the Project Area, and
development policies, guidelines, and /or standards applicable to the Project, as
enforced by the Plan, are the same as the development policies, guidelines, and /or
standards contained in the General Plan; and
WHEREAS, the Plan is a tool that will be used by the City and Agency to help
implement the General Plan's goals, objectives, and policies; and
WHEREAS, pursuant to Sections 15025(c) and 15074(a) of the California
Environmental Quality Act (CEQA) Guidelines (Public Resources Code Section 21000
et seq., and Title 14, California Code of Regulations Section 15000 et seq.), the
Planning Commission shall review and consider the draft Mitigated Negative
Declaration (the "Mitigated Negative Declaration ") prepared for Amendment No. 2 prior
to making its report and recommendations regarding Amendment No. 2.
Resolution No. PC- 2007 -522
Page 3
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct, and are a substantive part
of this resolution.
SECTION 2. The Planning Commission has reviewed the draft copy of
Amendment No. 2 and the staff report accompanying this resolution, and hereby finds
and determines that Amendment No. 2 does not affect, and furthermore is consistent
with the General Plan because Amendment No. 2 does not make changes to the
General Plan land use designations in the Project Area, or to other General Plan
controls or limitations. The Plan, as amended by Amendment No. 2, will always
conform with the land use designations, the general location and extent of existing and
proposed transportation routes and other public facilities and utilities identified in the
various elements of the General Plan, housing policies and other policies contained in
the General Plan's various elements. Section 522 of the Plan states that "all
development within the Project Area shall be consistent within the General Plan—as
amended from time to time."
SECTION 3. The Planning Commission has considered the recommendation of
the PAC established as a part of the process to prepare and process Amendment No. 2.
SECTION 4. The Planning Commission has reviewed and considered the Initial
Study and Proposed Mitigated Negative Declaration prepared for Amendment No. 2 and
finds that these documents have been prepared for the project in compliance with the
California Environmental Quality Act (CEQA), and City Procedures. Based upon the
Initial Study and Mitigated Negative Declaration, the Planning Commission recommends
adoption of the Mitigated Negative Declaration by the City Council.
SECTION 5. The Planning Commission hereby recommends that the Agency
approve, and the City Council adopt, Amendment No. 2.
SECTION 6. The Planning Commission hereby authorizes and directs the
officers, employees, staff, consultants, and attorneys for the Planning Commission to
take any action that may be necessary to effectuate the purposes of this resolution or
which are appropriate or desirable in the circumstances. In the event that prior to the
adoption of Amendment No. 2, the Agency or City Council desire to make minor
revisions to the Plan's eminent domain provision proposed under Amendment No. 2, or
make any minor technical or clarifying changes to Amendment No. 2, or any documents
related thereto, which do not affect the intent or substantive content of Amendment No.
2, the Planning Commission hereby finds and determines that any such
revisions /changes need not be referred to it for further report and recommendations.
SECTION 7. The Planning Commission hereby finds and determines that this
resolution shall constitute the report and recommendation of the Planning Commission
Resolution No. PC- 2007 -522
Page 4
to the Agency and the City Council concerning Amendment No. 2, prepared pursuant to
CCRL Sections 33458 and 33453.
SECTION 8. The Planning Commission hereby authorizes and directs the
Planning Director to transmit a copy of this resolution to the Agency and the City
Council.
SECTION 9. FILING OF RESOLUTION: The Planning 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 Hamous and Landis, Vice Chair Peskay, and Chair
Taillon
NOES:
None
ABSTAIN:
Commissioner Di Cecco
ABSENT:
None
PASSED, AND ADOPTED this 24th day of July, 2007.
Mark Taillon, Chair
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David A. Bobardt
Planning Director