HomeMy WebLinkAboutRES 2003 452 1202RESOLUTION NO. PC- 2003 -452
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 MOORPARK
150, LLC, (SUNCAL COMPANIES) REGARDING CONTRACTUAL
OBLIGATIONS RELATED TO THE DEVELOPMENT OF VESTING
TENTATIVE TRACT NO. 5130
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 Vesting Tentative Tract No. 5130 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 Mitigated Negative Declaration, General
Plan Amendment, Zone Change, Vesting Tentative Tract Map and
Residential Planned Development requests and has made
recommendations to the City Council pertaining to the approval of
said requests; and
WHEREAS, the Mitigated Negative Declaration prepared for
General Plan Amendment No. 1998 -01, Zone Change No. 1998 -01,
Vesting Tentative Tract Map No. 5130 and Residential Planned
Development Permit No. 1998 -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, therefore, no further
environmental documentation is necessary; 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 December 2, 2003, to consider the
Development Agreement and to accept public testimony related
thereto; and
Resolution No. PC- 2003 -452
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 having
conducted a public hearing on the form and content of a Development
Agreement between the City of Moorpark and the owners of Vesting
Tentative Tract Map No. 5130, at the request of the City Council,
hereby recommends that the City Council, at public hearing before
said Council, approve Development Agreement No. 1998 -03 in the form
and content presented to the Planning Commission on December 2,
2003.
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.
Resolution No. PC- 2003 -452
Page No. 3
PASSED, APPROVED, AND ADOPTED this 2nd day of December 2003.
AYES: Commissioners Lauletta, Peskay, Pozza, Vice Chair
DiCecco and Chair Landis
NOES:
ABSTAINED:
ABSENT:
ATTEST:
B rr Ho
C ity !�ve)opment Director