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HomeMy WebLinkAboutAGENDA REPORT 2012 0418 CC REG ITEM 10E ITEM 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Director . DATE: April 9, 2012 (CC Meeting of 4/18/2012) SUBJECT: Consider Resolution Directing the Planning Commission to Study, Hold a Public Hearing, and Provide a Recommendation on an Amendment to a Development Agreement with A-B Properties for Approximately 34.53 Acres, North of the Union Pacific Railroad Right-of-Way, West of Gabbert Road BACKGROUND/DISCUSSION On December 16, 1998, the Moorpark City Council adopted Resolution No. 98-1556, Ordinance No. 249, and Ordinance No. 250 amending the General Plan land use designation from Agricultural (AG-1) to Medium Industrial (1-2), amending the Zoning Map from Agricultural Exclusive (AE) to Limited Industrial (M-2), and approving two development agreements, one with A-B Properties on approximately 34.53 acres, and one with Southern California Edison (SCE) on approximately 8.79 acres of land, both west of Gabbert Road and north of the Union Pacific railroad right-of-way. Since that time, SCE has decided not to pursue development of their property. In addition, SCE had initiated a lawsuit over the development of an access road on an easement they held over Hitch Ranch property that would have served both Tract 5147, owned by A-B Properties, and the SCE property, allowing for industrial development of both properties. On September 14, 2010, the City of Moorpark entered into a Settlement Agreement and Mutual Release with the Southern California Edison Company (SCE) as its part of the settlement of the SCE lawsuit. As part of that agreement, the City agreed to amend the General Plan to reflect the original land use designation of Agriculture (AG-1), amend the Zoning Map to its original Zoning designation of Agricultural Exclusive (AE), and terminate the Development Agreement with SCE. Ordinance Nos. 404 and 405 were adopted by the City Council on July 20, 2011, amending the Zoning and terminating the Development Agreement with SCE as agreed to in the Settlement Agreement. The Zoning and Development Agreement with 136 Honorable City Council April 18, 2012 Page 2 A-B Properties, which involves Tract 5147, a recorded 17-lot industrial subdivision and subsequent approval under the Development Agreement with A-B Properties, were not amended by these Ordinances. In light of the Settlement Agreement and Mutual Release mentioned above, the facilitation of the development of Tract 5147 warrants consideration of amendments to both the Final Map and the Development Agreement to address improvements and their timing. The developer has requested consideration of amendments to the Development Agreement and Final Map regarding the following improvements, which are currently under review by staff: Development Agreement • Gabbert Road Improvements • Signalization of the Gabbert/Poindexter Intersection if Warranted by a Traffic Study • Site Access Prior to Improvement of North Hills Parkway • North Hills Parkway Rail Undercrossing Final Map • Perimeter Wall • Gabbert Road Improvements • .Signalization of the Gabbert/Poindexter Intersection if Warranted by a Traffic Study • North Hills Parkway Design, Dedication and Grading The current Development Agreement would remain in full force and effect for 20 years from the operative date of the agreement (until January 15, 2019), unless modified or terminated by mutual consent of both parties. Procedures for amendment to a Development Agreement are established in Section 15.40.120 of the Moorpark Municipal Code, which require the same review process as a new development agreement; adoption of an ordinance by City Council after public hearings by the Planning Commission and City Council. An Amended Final Map does not require hearings. FISCAL IMPACT Amendments to the Development Agreement and Final Map could more readily facilitate the development of Tract 5147 with industrial uses, providing an increase in property and sales tax revenue. STAFF RECOMMENDATION Adopt Resolution No. 2012- Attachment: Draft Resolution No. 2012- S:\Community Development\DEV PMTSVT T M15147 A-B PropertiestDA\cc 20120418 Initiate DA Amendment Repon.docx 1 37 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, HOLD A PUBLIC HEARING, AND PROVIDE A RECOMMENDATION ON AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH A-B PROPERTIES FOR APPROXIMATELY 34.53 ACRES, NORTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, WEST OF GABBERT ROAD WHEREAS, on December 16, 1998, the Moorpark City Council adopted Ordinance No. 250 (effective January 15, 1999), approving two Development Agreements, one between the City of Moorpark and A-B Properties regarding approximately 34.53 acres, and one between the City of Moorpark and Southern California Edison Company (SCE) regarding 8.79 acres, both being west of Gabbert Road and north of the Southern Pacific (now Union Pacific) railroad right-of-way and the subject of the General Plan Amendment approved by Resolution No. 98-1556 and the Zone Change approved by Ordinance No. 249; and WHEREAS, on July 20, 2011, the City Council adopted Ordinance No. 405, terminating the Development Agreement with SCE; and WHEREAS, A-B Properties, has requested an amendment to the Development Agreement with A-B Properties to address terms for certain public improvements; and WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes procedures for the amendment of a Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. INITIATION OF PROCEEDINGS: The City Council hereby authorizes the initiation of proceedings to amend the Development Agreement with A-B Properties for Tract 5147, located north of the Union Pacific Railroad right-of-way, west of Gabbert Road. SECTION 2. DIRECTION TO PLANNING COMMISSION: The Planning Commission is hereby directed to study, hold a public hearing, and provide a recommendation to the City Council on this matter. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. CC ATTACHMENT 138 Resolution No. 2012- Page 2 PASSED AND ADOPTED this 18th day of April, 2012. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 139