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HomeMy WebLinkAboutRES 2001 419 1126RESOLUTION NO. PC 2001 -419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA PROVIDING A RECOMMENDATION TO THE CITY COUNCIL OF THE CITY OF MOORPARK PERTAINING TO THE APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND WEST POINTE HOMES, INC. REGARDING CONTRACTUAL OBLIGATIONS RELATED TO THE DEVELOPMENT OF WEST POINTE AT NORTH RANCH (GENERAL PLAN AMENDMENT 99 -01, ZONE CHANGE 99- 01, RESIDENTIAL PLANNED DEVELOPMENT 99 -02 AND VESTING TENTATIVE TRACT MAP 5187) 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 West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) have applied to the City of Moorpark to seek a Development Agreement between the city and said owners pursuant to Chapter 15.40 of the Moorpark Municipal Code; and WHEREAS, the Planning Commission of the City of Moorpark has previously reviewed the project Environmental Impact Report, General Plan Amendment, Zone Change, Residential Planned Development and Vesting Tentative Tract Map requests and has made recommendations to the City Council pertaining to the approval of said requests; and WHEREAS, the Environmental Impact Report prepared for General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187 can be used 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 i� Resolution Development West Pointe Page No. 2 No. PC- 2001 -419 Agreement No. 2001 -01 Homes, Inc. WHEREAS, a duly noticed public hearing was conducted by the Planning Commission on November 26, 2001 to consider the Development Agreement and to accept public testimony related thereto; and 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, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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 Environmental Impact Report prepared for the General Plan Amendment, Zone Change, Residential Planned Development Permit and Vesting Tentative Tract Map. SECTION 2. The Planning Commission having conducted a public hearing on the form and content of a Development Agreement between the City of Moorpark and the owners of West Pointe at North Ranch, at the request of the City Council, hereby recommends that the City Council, at public hearing before said Council, approve the Development Agreement in the form and content presented to the Planning Commission on November 26, 2001. SECTION 3. The Planning Commission hereby finds: a. That the Development Agreement and assurances that said agreement places upon the project development of Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187 are consistent with the intent and provisions of the Final Environmental Impact Report. b. That the Development Agreement is consistent with the adopted general plan as amended by General Plan Amendment 99 -01. C. That the Development Agreement is necessary to insure the public health, safety and welfare. SACommu* Dft9AW snO W"nvM FINN. RESO* 419 do W@S00#kdx Resolution No. PC- 2001 -419 Development Agreement No. 2001 -01 West Pointe Homes, Inc. Page No. 3 SECTION 4. A copy of this Resolution, documents furnished by the public and minutes of the public hearing shall be furnished to the City Council. AYES: Commissioners DiCecco, Haller and Landis, Vice Chair Otto and Chair Parvin NOES: ABSENT: ABSTAINED: PASSED AND ADOPTED THIS 26th DAY OF November, 2001. MAf7/ qsptce Parvin, Chair ATTEST: DS � Deborah S. Traffbristedt Acting Community Development Director SlCo Mw* Deve4 wffvay0MM FWAL RES00c 419 de we*oWadbc