HomeMy WebLinkAboutAGENDA REPORT 2011 0216 CC REG ITEM 10GMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 1=
TO: Honorable City Council
FROM: David A. Bobardt, Community Development irl ctor�
Prepared by: Joseph Fiss, Principal Planner
DATE: January 20, 2011 (CC Meeting of 2116111)
SUBJECT: Consider Resolution Directing the Planning Commission to Study,
Hold a Public Hearing, and Provide a Recommendation on
Amendments to the General Plan Land Use Designation and Zoning
Map, and Termination of a Development Agreement with Southern
California Edison (SCE) on 8.79 Acres Located on the North Side 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 -13 Properties and one with SCE on approximately
43 acres of land west of Gabbert Road and north of the Southern Pacific (now Union
Pacific) railroad right -of -way, owned by A -B Properties and SCE. Since that time, SCE
has decided not to pursue development of their 8.79 acre 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 subject 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 Development Agreement No. 1998 -05.
Honorable City Council
February 16, 2011
Page 2
The 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 termination 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.
FISCAL IMPACT
The change of zoning could have a negligible reduction in property tax return to the City
due to the reduced development value of the property.
STAFF RECOMMENDATION
Adopt Resolution No. 2011- to initiate General Plan Amendment and Zoning Map
Amendment proceedings to be considered concurrently with the termination of
Development Agreement 1998 -05.
Attachments:
1. Location Map
2. Draft Resolution No. 2011-
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LOCATION MAP
CC ATTACHMENT 1
190
RESOLUTION NO. 2011-
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 AMENDMENTS TO THE
GENERAL PLAN LAND USE DESIGNATION AND ZONING
MAP, AND TERMINATION OF A DEVELOPMENT AGREEMENT
WITH SOUTHERN CALIFORNIA EDISON ON 8.79 ACRES
LOCATED ON THE NORTH SIDE OF THE UNION PACIFIC
RAILROAD RIGHT -OF -WAY, WEST OF GABBERT ROAD
WHEREAS, on December 16, 1998, the Moorpark City Council adopted
Resolution No. 98 -1556, amending the General Plan land use designation from
Agricultural (AG -1) to Medium Industrial (1 -2) on approximately 43 acres of land west of
Gabbert Road and north of the Southern Pacific (now Union Pacific) railroad right -of-
way owned by Southern California Edison and A -B Properties; and
WHEREAS, on December 16, 1998, the Moorpark City Council adopted
Ordinance No. 249, approving an amendment to the Zoning Map from Agricultural
Exclusive (AE) to Limited Industrial (M -2) on approximately 43 acres of land west of
Gabbert Road and north of the Southern Pacific (now Union Pacific) railroad right -of-
way owned by Southern California Edison and A -B Properties; and
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 September 14, 2010, the City of Moorpark entered into a
Settlement Agreement and Mutual Release with the Southern California Edison
Company (SCE) regarding the 8.79 acres owned by SCE that was part of the subject
property of the Resolution No. 98 -1556, Ordinance No. 249, and Ordinance No. 250;
and
WHEREAS, as part of the Settlement Agreement, the City agreed to amend the
Zoning Map, returning the 8.79 -acre property to its original Zoning designation of
Agricultural Exclusive (AE), as well as amend the General Plan to reflect the original
land use designation of Agricultural (AG -1), and to terminate the Development
Agreement for this property; and
CC ATTACHMENT 2 191
Resolution No. 2011 -
Page 2
WHEREAS, Section 17.44.050 of the Moorpark Municipal Code provides that the
City Council may initiate proceedings to consider General Plan Amendments and
Zoning Map Amendments by the adoption of a resolution of intent, and
WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes
procedures for termination of Development Agreements.
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 consider amendments to the General Plan
and Zoning Map, and termination of a Development Agreement on 8.79 acres located
on the north side of the Southern 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.
PASSED AND ADOPTED this day of February, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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