HomeMy WebLinkAboutAGENDA REPORT 2011 0706 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 8.A.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
OT
ACTION
FS r:
&1 t-�. _
TO: Honorable City Council
FROM: David A. Bobardt, Community Development D for
Prepared by: Joseph Fiss, Principal Planner
DATE: June 9, 2011 (CC Meeting of 7/6/2011)
SUBJECT: Consider a Resolution Approving General Plan Amendment
No. 2011 -01 to Change the Land Use Designation from Medium
Industrial (1 -2) to Agriculture 1 (AG -1); an Ordinance Approving
Zone Change No. 2011 -01 to Change the Zoning Designation
from Limited Industrial (M -2) to Agricultural Exclusive (AE);
and an Ordinance Terminating Development Agreement No.
1998 -05 with the Southern California Edison Company (SCE)
on 8.79 Acres Located 1,300 Feet West of Gabbert Road,
Immediately North of the Union Pacific Railroad Right -of -Way
BACKGROUND /DISCUSSION
On May 24, 2011, the Planning Commission adopted Resolution No. PC- 2011 -565,
recommending to the City Council approval of General Plan Amendment No. 2011 -01,
Zone Change No. 2011 -01, and termination of Development Agreement No. 1998 -05.
This Planning Commission action was in response to Council direction on February 16,
2011 in Resolution No. 2010 -3002 to provide a recommendation on General Plan
Amendment and Zoning Map Amendment proceedings to be considered concurrently
with the termination of Development Agreement 1998 -05. A full analysis of the
proposed changes is provided in the attached Planning Commission Agenda Report
(Attachment 2).
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 Agriculture 1 (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 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
1
Honorable City Council
July 6, 2011
Page 2
has decided not to pursue development of their 8.79 acre property. In addition, A -B
Properties 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. It should be noted that this is a correction from the
Planning Commission staff report, which mistakenly reported that SCE initiated the
lawsuit.
On September 14, 2010, the City of Moorpark entered into a Settlement Agreement and
Mutual Release with SCE as its part of the settlement of the lawsuit. As part of that
agreement, the City agreed to schedule hearings with a staff recommendation of
approval of 1) an amendment to the General Plan to reflect the original land use
designation of Agriculture 1 (AG -1), 2) an amendment to the Zoning Map to its original
Zoning designation of Agricultural Exclusive (AE), and 3) termination of Development
Agreement No. 1998 -05.
Development Agreement No. 1998 -05 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.
Staff has drafted a proposed resolution and ordinances (attached), and they have been
reviewed and approved by the City Attorney.
FISCAL IMPACT
None
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2011- approving General Plan Amendment No. 2011 -01.
3. Introduce Ordinance No. approving Zone Change No. 2011 -01 and schedule
second reading for July 20, 2011.
4. Introduce Ordinance No. terminating Development Agreement No. 1998 -05 and
schedule second reading for July 20, 2011.
ATTACHMENTS:
1. Location Map
2. May 24, 2011 Planning Commission Agenda Report (w /o attachments)
3. Draft Resolution No. 2011- approving General Plan Amendment No. 2011 -01
4. Draft Ordinance No. approving Zone Change No. 2011 -01
S. Draft Ordinance No. terminating Development Agreement No. 1998 -05
SACommunity Development \DEV PMTS\Z O A\2011 \SCE Rezone \cc agenda report 110706.docx
2
i
i
t
N LOCATION MAP
CC ATTACHMENT 1
3
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Developmen i ctor
Prepared by Joseph Fiss, Principal Planner
DATE: May 20, 2011 (PC Meeting of 5/24111)
SUBJECT: Consider .Resolution Recommending Approval of General Plan
Amendment No. 2011 -01, Zone Change No. 2011 -01, and Termination
of Development Agreement No. 1998 -05 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 (Continued
from April 26, 2011)
BACKGROUND
This item was originally scheduled for the regular Planning Commission meeting of April
26, 2011. That meeting was adjourned to Tuesday, May 24, 2011 without holding the
public hearing. The attached Planning Commission agenda report addresses the
proposal in detail.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC- 2011 - recommending to the City Council approval
of General Plan Amendment No. 201.1 -01, Zone Change No. 2011 -01, and
Termination of Development Agreement No. 1998-05.
ATTACHMENTS:
April 26, 2011 PC Agenda Report
CC ATTACHMENT 2 4
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Joseph Fiss, Principal Planner
V'-11
DATE: March 28, 2011 (PC Meeting of 4126/2011)
SUBJECT: Consider Resolution Recommending Approval of General Plan
Amendment No. 2011 -01, Zone Change No. 2011 -01, and Termination of
Development Agreement No. 1998 -05 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
On February 16, 2011, the City Council adopted Resolution No. 2011 -3002, 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. The General
Plan land use designation is proposed to be amended from Medium Industrial (1 -2) to
Agricultural (AG -1), and the Zoning Map is proposed to be amended from Limited Industrial
(M -2) to Agricultural Exclusive (AE).
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 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.
PC ATTACHMENT 1 5
Honorable Planning Commission
April 26, 2011
Page 2
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 schedule
hearings with a staff recommendation of approval of 1) an amendment.to the General plan
to reflect the original land use designation of Agriculture (AGA ), 2) an amendment to the
Zoning Map to its original Zoning designation of Agricultural Exclusive (AE), and 3)
termination of Development Agreement No. 199 8-05.
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.
General Plan and Zoning Consistency:
The table below shows the current General Plan and Zoning designations of the property,
and the surrounding properties. The proposed agricultural designations are consistent with
the existing Southern California Edison high tension power lines because SCE can lease
the property for uses such as pasture or a container plant nursery, both of which are
consistent with the proposed land use designations.
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
Medium Industrial
Limited Industrial
Vacant
I -2
M -2
North
Medium Industrial
Limited Industrial
Vacant
I -2
M -2
ract 5147
South
Medium Industrial
Limited Industrial
Vacant
-2
(M -2
East
Agricultural Exclusive
SP -1
Vacant
AE
Hitch Ranch)
West
Agricultural
Agricultural Exclusive
Orchard
40 Ac Min
(AE -40ac
Findings
General Plan Amendments, Zone Changes, and Development Agreements are legislative
acts. Findings are not required for legislative acts unless a statute or local ordinance so
requires.
C.
ftCr Dd Serv\DenaAmRnt Rharolrnmmnnity r)o Aou fArfF%/ PBlrc%7 n A%o 14%CPC 0n %Qf1C oG7Ak1M o n......a.. 0.......
Honorable Planning Commission
April 26, 2011
Page 3
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4. 5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and Califomia Code of Regulations, Title 14, Chapter 3). Since this project includes a
General. Plan Amendment, Zone Change, and a development agreement termination,
which are legislative acts, the decision is not subject to processing time limits.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines) in
that CEQA only applies to projects which have the potential for causing a significant effect
on the environment. No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2011- recommending to the City Council approval of
General Plan Amendment No. 2011 -01, Zone Change No. 2011 -01, and
Termination of Development Agreement No. 1998 -05.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Development Agreement No. 1998 -05
4. Draft PC Resolution
7
S:1Community DevelopmenflDEV PMTSIZ 0 A120111SCE Rezone\SCE REZONE PC Agenda Report 110426.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2011 -01, CHANGING THE LAND USE
DESIGNATION ON THE GENERAL PLAN LAND USE MAP
FROM MEDIUM INDUSTRIAL (1 -2) TO AGRICULTURE 1 (AG -1)
ON 8.79 ACRES LOCATED 1,300 FEET WEST OF GABBERT
ROAD, IMMEDIATELY NORTH OF THE UNION PACIFIC
RAILROAD RIGHT -OF -WAY, ON PROPERTY OWNED BY
SOUTHERN CALIFORNIA EDISON
WHEREAS, on February 16, 2011, the City Council adopted Resolution No.
2011 -3002, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation for amendments to the General Plan Land Use
Designation and Zoning Map for 8.79 acres located 1,300 feet west of Gabbert Road,
immediately north of the Union Pacific railroad right -of -way on property owned by
Southern California Edison; and
WHEREAS, on May 24, 2011, the Planning Commission adopted Resolution
No. PC- 2011 -565, recommending approval of General Plan Amendment No. 2011 -01,
changing the land use designation on the General Plan Land Use Map from Medium
Industrial (1 -2) to Agriculture 1 (AG -1) on 8.79 acres located 1,300 feet west of
Gabbert Road, immediately north of the Union Pacific railroad right -of -way (APN No.
511 -0- 200 -055); and
WHEREAS, at its meeting of July 6, 2011 the City Council considered the
agenda report and any supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for and against the
proposal; and reached a decision on this matter; and
WHEREAS, the City Council concurs with the Community Development
Director's determination as outlined in the July 6, 2011 staff report that this qualifies
for a General Rule Exemption in accordance with Section 15061 of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CITY COUNCIL APPROVAL: General Plan Amendment No.
2011 -01 is approved, amending the General Plan Land Use Map as shown in Exhibit
"A" attached hereto.
CC ATTACHMENT 3 8
Resolution No. _-
Page 2
SECTION 2. This resolution shall become effective upon the effective
date of Ordinance No. xxx introduced for first reading on July 6, 2011 and pending
adoption on July 20, 2011.
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 6th day of July, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A: General Plan Land Use Map
0
Resolution No. _-
Page 3
GENERAL PLAN AMENDMENT MAP
EXHIBIT A
10
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2011 -01, CHANGING THE
ZONING FROM LIMITED INDUSTRIAL (M -2) TO
AGRICULTURAL EXCLUSIVE (AE) ON 8.79 ACRES LOCATED
1,300 FEET WEST OF GABBERT ROAD, IMMEDIATELY
NORTH OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY,
ON PROPERTY OWNED BY SOUTHERN CALIFORNIA
EDISON
WHEREAS, on February 16, 2011, the City Council adopted Resolution No.
2011 -3002, 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 for the 8.79 acres owned by Southern California Edison located 1,300
feet west of Gabbert Road, immediately north of the Union Pacific railroad right -of -way;
and
WHEREAS, on May 24, 2011, the Planning Commission adopted Resolution No.
PC- 2011 -565, recommending approval of Zone Change No. 2011 -01, changing the
zoning from Limited Industrial (M -2) to Agricultural Exclusive (AE) on 8.79 located 1,300
feet west of Gabbert Road, immediately north of the Union Pacific railroad right -of -way
(APN No. 511 -0- 200 -055); and
WHEREAS, at its meeting of July 6, 2011, the City Council considered the
agenda report and any supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for and against the
proposal; and reached a decision on this matter; and
WHEREAS, the City Council concurs with the Community Development
Director's determination as outlined in the July 6, 2011 staff report that this qualifies for
a General Rule Exemption in accordance with Section 15061 of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The Zoning Map described and referenced in Chapter 17.12 of Title
17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown
in Exhibit "A" attached hereto.
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
CC ATTACHMENT 4 11
Ordinance No.
Page 2
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of July, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A: Zone Change Map
12
Ordinance No.
Page 3
ZONE CHANGE MAP
EXHIBIT A
13
. F
zi
-
:
L'Y'E 1 •'.' t+.t�� ' ! - � F 3k - __
2 C y `�
j Proposed Designation: Agricultural Exclusive (AE)
NORTH
Current Designation: Limited Industrial (M-2)
ZONE CHANGE MAP
EXHIBIT A
13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, TERMINATING DEVELOPMENT AGREEMENT
NO. 1998 -05 BETWEEN THE CITY OF MOORPARK AND
THE SOUTHERN CALIFORNIA EDISON COMPANY,
ADOPTED BY ORDINANCE NO. 250 AND RECORDED WITH
THE COUNTY RECORDER UNDER THE ASSIGNED
DOCUMENT NUMBER 99- 043265
WHEREAS, on December 16, 1998, the City Council adopted Ordinance No.
250, adopting Development Agreement No. 1998 -04 between the City of Moorpark and
A -B Properties for approximately 34.53 acres located 1,300 feet west of Gabbert Road
and north of the Union Pacific railroad right -of -way, and Development Agreement No.
1998 -05 between the City of Moorpark and the Southern California Edison Company
(SCE) for 8.79 acres, located 1,300 feet west of Gabbert Road, immediately north of the
Union Pacific railroad right -of -way, and immediately south of the 34.53 -acre A -B
Properties site identified above; and
WHEREAS, on March 5, 1999, Development Agreement No. 1998 -05 was
recorded with the County Recorder with the assigned document number 99- 043265;
and
WHEREAS, on September 14, 2010, the City of Moorpark entered into a
Settlement Agreement and Mutual Release with the Sothern California Edison
Company in which the City agreed to schedule hearings with a staff recommendation for
approval of termination of Development Agreement No. 1998 -05; and
WHEREAS, Section 15 of Development Agreement No. 1998 -05 calls for
termination by mutual consent to be in accordance with Ordinance No. 59 or its
successor; and
WHEREAS, Ordinance No. 59, codified as Chapter 15.40 of the Municipal Code,
calls for the process for termination of a development agreement by mutual consent to
be by recommendation of the Planning Commission and action by City Council after
holding public hearings on the matter; and
WHEREAS, on February 16, 2011, the City Council adopted Resolution No.
2011 -3002, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation for terminating Development Agreement No. 1998 -05; and
WHEREAS, on May 24, 2011, the Planning Commission adopted Resolution No.
PC- 2011 -565, recommending termination of Development Agreement No. 1998 -05
between the City of Moorpark and SCE, and
CC ATTACHMENT 5
14
Ordinance No.
Page 2
WHEREAS, at its meeting of July 6, 2011, the City Council considered the
agenda report and any supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for and against the
proposal; and reached a decision on this matter; and
WHEREAS, Development Agreement No. 1998 -04 between the City of Moorpark
and A -B Properties remains unaffected by this decision and that portion of Ordinance
No. 250 remains in effect; and
WHEREAS, the City Council concurs with the Community Development
Director's determination as outlined in the July 6, 2011 staff report that this qualifies for
a General Rule Exemption in accordance with Section 15061 of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby terminates Development Agreement No.
1998 -05, as contained within Ordinance No. 250 and as recorded by the County
Recorder with the assigned document number 99- 043265, between the City of
Moorpark and Southern California Edison (SCE).
SECTION 2. This Ordinance shall be recorded with the Ventura County
Recorder, to document the termination of the Development Agreement between the City
of Moorpark and the Southern California Edison Company (1998 -05) as previously
recorded in the County of Ventura on March 5, 1999 and assigned recorder's document
number 99- 043265.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
15
Ordinance No.
Page 3
PASSED AND ADOPTED this day of July, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
16