HomeMy WebLinkAboutAGENDA REPORT 2016 0601 CC REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
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MOORPARK CITY COUNCIL 841: yy,_
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Economic Development and Planning Manager
DATE: May 25, 2016 (CC Meeting of 6/1/2016)
SUBJECT: Consider: 1) Resolution Approving General Plan Amendment No.
2015-01, A Request to Change the General Plan Land Use
Designation from Freeway/Right of Way to Light Industrial (I-1); and
2) Introduction of Ordinance Adopting Zone Change No. 2015-02, to
Change the Zoning Designation from Rural Exclusive, 1 Acre
Minimum Lot Size (RE-lac) to Industrial Park (M-1); to Create Land
Use Designation and Zoning Consistency for Specific Parcels
Located on a 36-acre Site on the West Side of Princeton Avenue,
South of State Highway 118, on the • Application of Sunbelt
Enterprises, LLC, and Making a Finding of Exemption from
Environmental Review under CEQA in Connection Therewith
BACKGROUND/DISCUSSION
On July 1, 2015, the City Council approved a General Plan Amendment Pre-Screening
application to allow Sunbelt Enterprises, LLC, to file an application for a General Plan
Amendment to change the land use designation of two small freeway remnant parcels
from Freeway/Right of Way to Light Industrial (I-1). These two small parcels had been
acquired by Sunbelt Enterprises, LLC from Caltrans and were incorporated into the
existing Sunbelt Enterprises development on the west side of Princeton Avenue south
of State Highway 118 as part of the parking lot and landscaping for the site.
On September 29, 2015, Sunbelt Enterprises, LLC filed applications for a General Plan
Amendment and Zone Change to create consistent general plan land use and zoning
designations among all four lots under the same ownership on this 36-acre site. This
would allow for a future lot line adjustment so that three existing individual buildings on
1
Honorable City Council
June 1, 2016
Page 2
the site would be located on their own lots, and one remaining large vacant lot would be
created for future development (the "hilltop" lot).
The proposed General Plan Amendment would be to change the land use designation
on the two small remnant freeway parcels (0.04 acres and 0.57 acres) from
Freeway/Right of Way to I-1 (Light Industrial). The site also includes a contiguous lot
fronting on Princeton Avenue. This lot is zoned Rural Exclusive 1-acre minimum (RE-
1ac), but has a General Plan land use designation of Light Industrial (I-1), the same as
the rest of the site. The applicant is requesting a Zone Change on this parcel to
Industrial Park (M-1) to be consistent with the rest of the site and to be consistent with
its General Plan land use designation.
On May 24, 2016, the Planning Commission adopted a resolution recommending
approval to the City Council of General Plan Amendment No. 2015-01, Zone Change
No. 2015-02, subject to a Deed Restriction Requiring a Specific Plan and Development
Agreement for the undeveloped hilltop property and contribution of an initial deposit of
$20,000.00 toward the preparation of the.Specific Plan.
ENVIRONMENTAL REVIEW
The Community Development Director has evaluated the proposed General Plan
Amendment and Zone Change that comprise the applications and has determined that
the changes will not create any significant impact because they will not change the
existing uses on the affected properties from how they are currently used by the
applicant. Accordingly, this project is exempt from CEQA pursuant to State CEQA
Guidelines Section 15301 (existing facilities) because the project involves only a change
in land use designation and zoning but not a change in use in either property. In
addition, the project is exempt from CEQA pursuant to State CEQA Guidelines Section
15305 as a minor change to a land use limitation in conjunction with a lot line
adjustment.
FISCAL IMPACT
There is no development proposal at this time, therefore there is no fiscal impact as a
result of the proposal. Future development of the site will be subject to a development
agreement which will directly address fiscal impacts.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. 2016- approving General Plan Amendment No. 2015-
01, which Amendment shall become effective upon the recordation of a Deed
Restriction Requiring a Specific Plan and Development Agreement for the
2
Honorable City Council
June 1, 2016
Page 3
3. Introduce Ordinance No. , approving Zone Change No. 2015-02, waive
full reading, and schedule second reading and adoption upon execution and
recordation of a Deed Restriction Requiring a Specific Plan and Development
Agreement for the undeveloped hilltop property and contribution of an initial
deposit of $20,000.00 toward the preparation of the Specific Plan and
Development Agreement.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. General Plan Exhibit
4. Zone Change Exhibit
5. Draft Deed Restriction
6. May 24, 2016, Planning Commission Agenda Report (Without Attachments)
7. Draft Ordinance approving Zone Change No. 2015-02
8. Draft Resolution approving General Plan Amendment No. 2015-01
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aN.vL,,,,. I Z.P'SI-LE€vii dOLTLN C Panst wreeNfS13NFgWT2IMa2 U*Jd WB'M1O
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
ASSESSOR'S PARCEL No. 313513-0-c 0-250-023-045 (Space Above for
Recorder's Use)
513-0-010-255, -265 and-275
DEED RESTRICTION
THIS DEED RESTRICTION (herein "Deed Restriction"), is executed by each of
(i) SUNBELT ENTERPRISES, LLC, a California limited liability company ("Land
Owner"), as to this Deed Restriction in its entirety, and (ii)
as T stee• the Neal H.
Brockmeyer, Corey Schlossmann, and Bjorn R.K. Nilson co-trustees of the Fred Kavli
Living Trust,dated October 19, 2010 as amended (the "Trust"), only as to
the provisions of Section 3 below, and is approved and consented to by the CITY OF
MOORPARK, a municipal corporation of the State of California, with reference to the
following facts:
A. Land Owner is the owner of certain real property more particularly
described on the attached Exhibit A (the "Property"). The Trust is
irrevocable.
B. The Property includes four (4) parcels, as approximately depicted on
Exhibit B attached hereto. Two (2) of the parcels are shown on the City's General Plan
Land Use Map as "Freeway Right of Way", a designation that is not consistent with the
use of the Property.
C. Land Owner desires to amend the General Plan Land Use Map to change
the land use designation of these two parcels to "Industrial".
D. The City, through its governing body the City Council, must agree to
initiate a General Plan Amendment, and if it does agree, the Land Owner is permitted to
file an application to amend the General Plan Land Use Map to change the land use
designation of these two parcels from "Freeway Right of Way"to "Industrial".
E. Land Owner has filed an application seeking City approval of a lot line
adjustment of the Property (the "Lot Line Adjustment") to reconfigure the lot lines in
order to place three existing industrial buildings, which now are all on one single lot, on
their own separate, individual lots. By doing so, the remaining fourth lot will be a vacant,
12853-0014\1852283v3.doc 1
1263961 1
CC ATTACHMENT 5 8
undeveloped parcel that incorporates what is known as the "hilltop" and the Princeton
Avenue parcel (hereinafter the "Hilltop Parcel"), as depicted on Exhibit B.
F. The City seeks assurances that any future development of the Hilltop
Parcel will include the creation of a specific plan for the Hilltop Parcel (the "Specific
Plan") and a development agreement between the City and the developer/owner of the
Hilltop Parcel (the "Development Agreement").
G. To help effectuate the outcomes sought by the Land Owner and the City
as outlined in Recitals A- F above, the Land Owner has agreed to encumber the Hilltop
Parcel in accordance with the covenants and obligations set forth below.
NOW, THEREFORE, subject to the terms contained herein, Land Owner hereby
covenants, acknowledges and agrees to restrict the Hilltop Parcel as follows:
1. Restriction. Any development of the Hilltop Parcel shall be conditioned upon
the occurrence of the following and no development on the Hilltop Parcel shall
occur until the following shall have occurred: (i) the Specific Plan and the
Development Agreement, all in form and content acceptable to the City,
approved and adopted by the City; (ii) those documents shall have become
effective; (iii) ninety (90) days shall have thereafter elapsed without any legal
challenge having been filed (or if filed, shall have been dismissed or the
Specific Plan and Development Agreement shall have been upheld), and (iv)
all other governmental permits and approvals for the development shall have
been issued.
2. Term. This Deed Restriction shall become effective upon its recordation in
the Official Records of Ventura County, California (the "Official Records"),
which shall be concurrent with the recordation of the Lot Line Adjustment in
the Official Records, and this Deed Restriction (including, without limitation,
Section 3 below) shall be binding upon the Land Owner, and each other
person and entity having any interest in the Hilltop Parcel during their
ownership thereof, and their respective grantees, heirs, executors,
administrators, successors and assigns, until such time as the Specific Plan
and the Development Agreement, shall have been approved and adopted by
the City, shall have become effective, and ninety (90) days shall have
thereafter elapsed without any legal challenge having been fled (or if filed,
shall have been dismissed or the Specific Plan and Development Agreement
shall have been upheld), at which point this Deed Restriction shall
automatically terminate and have no further force or effect. Prior to the
adoption of the Specific Plan and the Development Agreement by the City,
this Deed Restriction may only be terminated pursuant to a written termination
executed by Land Owner and the City and recorded in the Official Records.
3. Indemnification/Release. Each of Land Owner and the Trust (and all
successors-in-interest to all or any portion of the Hilltop Parcel) agrees to
jointly and severally indemnify, defend and hold the City harmless from all
12853-0014\1852283v3.doc 2
1203961.!
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IN WITNESS WHEREOF, the undersigned has executed this Deed Restriction
as of this day of July, 2015.
LAND OWNER:
SUNBELT ENTERPRISES, LLC,
a California limited liability company
By:
Name: Bjorn R.K. Nilsen
Its: President
Name= --
Its
Fred Kavli Living Trust:
Corey Schlossmann. and
-as kistee of
the- Trust dated
Bjorn R.K. Nilsen, as Co-Trustees of the
Fred Kavli Living Trust dated October 19,
2010
APPROVED AND CONSENTED TO BY:
CITY OF MOORPARK,
a municipal corporation of the State of California
By:
Name:
Its:
Attest:
By:
City Clerk
12853-001411852283v3.doc 5
1263961.1
12
ITEM 8.B.
•
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Joseph Fiss, Economic Development and Planning Manager
DATE: May 16, 2016 (Meeting of 5/24/2016)
SUBJECT: Consider Resolution Recommending to the City Council Approval of
General Plan Amendment No. 2015-01 and Zone Change No. 2015-02,
A Request to Change the General Plan Land Use Designation from
Freeway/Right of Way to Light Industrial (I-1) and the Zoning
Designation from RE-lac (Rural Exclusive, 1 acre minimum lot size)
to Industrial Park (M-1) to Create Land Use Designation Consistency
for Specific Parcels Located on a 36-acre Site on the West Side of
Princeton Avenue, South of State Highway 118, on the Application of
Sunbelt Enterprises, LLC, and Finding of Exemption from
Environmental Review under CEQA in Connection Therewith
BACKGROUND
On July 1, 2015, the City Council approved a General Plan Amendment Pre-Screening
application to allow Sunbelt Enterprises, LLC, to file an application for a General Plan
Amendment to change the land use designation of two small freeway remnant parcels
from Freeway/Right of Way to Light Industrial (I-1). These two small parcels had been
acquired from Caltrans and were incorporated into the existing Sunbelt Enterprises
development on the west side of Princeton Avenue south of State Highway 118 as part
of the parking lot and landscaping for the site.
On September 29, 2015 Sunbelt Enterprises, LLC filed applications for a General Plan
Amendment and Zone Change to create a consistent general plan land use and zoning
designations among all four lots under the same ownership on this 36-acre site. This
would allow for a future lot line adjustment so that three existing individual buildings on
the site would be located on their own lots, and one remaining large vacant lot would be
created for future development (the "hilltop" lot).
13
CC ATTACHMENT 6
Planning Commission
May 24, 2016
Page 2
The proposed General Plan Amendment would be to change the land use designation
on the two small remnant freeway parcels (0.04 acres and 0.57 acres) from
Freeway/Right of Way to I-1 (Light Industrial). The site also includes a contiguous 0.30
acre lot fronting on Princeton Avenue. This lot is zoned Rural Exclusive 1-acre
minimum (RE-lac), but has a General Plan land use designation of Light Industrial (I-1),
the same as the rest of the site. The applicant is requesting a Zone Change on this
parcel to Industrial Park (M-1) to be consistent with the rest of the site and to be
consistent with its General Plan land use designation.
DISCUSSION
Project Setting
Existing Site Conditions:
The overall project site consists of three large industrial buildings on a 36-acre site. The
site has been graded as two distinct pads, with the lower pad developed with the
aforementioned buildings and the upper pad remaining undeveloped. Access to the
parking lots is from three driveways on Princeton Avenue. The parking lots are
landscaped, whereas the slopes leading to the upper lot are largely natural vegetation.
Previous Applications:
Resolution No. 85-249 was adopted on November 4, 1985 for General Plan
Amendment 85-3, Development Plan DP-318 and LDM-5 on the project site on the
application of Fred Kavli (Kavlico Corporation). The permit allowed the construction of a
130,288 square foot industrial building and division of an existing 55.9 acre parcel into
two lots. Much of the site was dedicated for the SR 118/23 interchange as part of the
lot split map.
Resolution No. 93-914 was adopted on February 9, 1993, approving Major Modification
No. 1 to Development Plan No. 318, on the application of Fred Kavli. The permit
allowed a 91,549 square foot building.
Resolution No. 97-1412 was approved on December 17, 1997, approving Industrial
Planned Development Permit No. 97-3 on the application of Sunbelt Properties (Fred
Kavli). The permit allowed a one-story 42,146 square foot industrial building on the
project site.
In 2000, Mr. Kavli (dba Kavlico) filed several applications to add parking, landscaping
and lighting within the two lots for which a General Plan Amendment is now requested.
On October 31, 2013, Kavlico submitted Pre-Application 2013-04 for a development
concept for five (5), two-story medical office buildings on a nine (9) acre site as a
separate lot. On November 12, 2013 the Moorpark Development Review Committee,
comprised of City staff and staff from other agencies involved in development review,
met to discuss this Pre-Application and determined that a General Plan Amendment 14
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Page 3
would be required on the two remnant freeway properties to develop the site as findings
of General Plan consistency are required whether the 9-acre development lot is created
through a lot line adjustment or through a parcel map.
On October 28, 2014, Sunbelt Enterprises LLC filed a General Plan Amendment Pre-
Screening application, required by code (MC 17.44.050), seeking authorization to file
the current General Plan Amendment and Zone Change applications. That request was
reviewed by the Community and Economic Development Committee consisting of
Councilmembers Mikos and Pollock, and was approved on July 1, 2015 by the full City
Council, provided that the General Plan Amendment be subject to a deed restriction that
the undeveloped hilltop portion of the property could not be developed prior to the
preparation and adoption of a Development Agreement and a Specific Plan that
includes this property. Included in this authorization was the requirement for the
developer to contribute an initial deposit of $20,000.00 toward the cost of the Specific
Plan prior to recordation of a lot line adjustment on this property.
General Plan Land Use Designation
The Light Industrial land use designation requested for the remainder parcels is a
designation intended for light industrial uses including service, technical research, and
business offices in a business park context.
•
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Kavlico Site 1-1 (Industrial Park), Light Industrial,
(Light Industrial) RE-lac (Rural Exclusive 1-Acre) Vacant
Parcels in
Question FRWY-R/W N/A Parking Lot
(GPA)
Parcels in I-1 RE-lac (Rural Exclusive 1-Acre) Vacant
Question (ZC) (Light Industrial)
North FRW /W Y-RN/A SR-118
Freeway Interchange
Undeveloped
I-1 RE-lac Remnant Parcels for
South (Light Industrial), (Rural Exclusive 1-Acre) Princeton Avenue
M (Residential and R-1-6 Widening Project,
Medium Density) (Single Family Residential) Single Family
Residential
East I-1 M-1 Retail Motorcycle
(Light Industrial) (Industrial Park) Dealership, Offices
West FRWY-R/W N/A SR-118 Freeway
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Page 4
General Plan Goals and Policies
Goals and policies from the General Plan most pertinent to this proposal include:
Land Use Element
Goal: Attain a balanced city growth pattern which includes a full mix of land uses.
• New development and redevelopment shall be coordinated so that the existing
and planned capacity of public facilities and services shall not be adversely
affected.
Goal: Encourage a diversity of industrial uses which are located and designed in a
compatible manner with surrounding land uses.
• New industrial development should be located adjacent to existing industrial uses
and along major transportation corridors.
• Industrial uses shall incorporate design features, such as screen walls,
landscaping and setbacks, and include height and lighting restrictions, so as to
minimize adverse impacts on adjacent uses and enhance the visual
characteristics of the area.
• Industries which are considered to have limited emissions and which meet local,
regional, and state air and water pollution control goals and standards should be
encouraged to locate within the City.
Goal: Achieve a well-balanced and diversified economy within the City which provides
a variety of economic and employment opportunities.
• A balanced job/housing ratio should be encouraged.
• New commercial and industrial uses which will generate long-term employment
opportunities and diversify the community's employment base shall be
encouraged.
Goal: Enhance the physical and visual image of the community.
• New development shall be compatible with the scale and visual character of the
surrounding neighborhood.
Circulation Element
Goal: Provide a circulation system which supports existing, approved and planned land
uses throughout the City while maintaining a desired level of service on all streets and
at all intersections.
• Level of service "C" shall be the system performance objective for traffic volumes
on the circulation system. For roadways and interchanges already operating at
less than level of service "C", the system performance objective shall be to
maintain or improve the current level of service. 16
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• New development projects shall mitigate off-site traffic impacts to the maximum
extent feasible.
• Adequate off-street parking shall be provided for new construction.
Goal: Provide a citywide system of safe, efficient and attractive bicycle and pedestrian
routes for commuter, school, and recreational use.
• New development and redevelopment projects shall be required to include safe,
separate, and convenient paths for bicycles and pedestrians so as to encourage
these alternate forms of non-polluting transportation.
• Proposed residential, commercial, and industrial developments shall be required
to include bikeways in their street improvement plans, consistent with the
Circulation Element Bikeway Network Plan, and to construct the bicycle paths, or
lanes, or routes as a condition of project approval.
ANALYSIS
The designation of the two lots subject to the General Plan Amendment is FRWY-RNV
(Freeway Right-of-Way), which was intended for the development of the freeway. The
two lots were created after the freeway was developed and determined to be surplus by
Caltrans as they were not needed for the freeway. The proposed General Plan
Amendment would change their land use designation to be the same as other private
property adjacent to the freeway right-of-way in this vicinity.
Additionally, as mentioned above, the site includes a contiguous 0.30 acre lot that fronts
on Princeton Avenue. This lot is zoned Rural Exclusive 1-acre minimum (RE-1ac), but
has a General Plan land use designation of Light Industrial (I-1). A change to Industrial
Park (M-1) zoning on this property would be consistent with the rest of the site, and
would be consistent with the General Plan land use designation. It would also provide
street frontage for the vacant hillside portion of the property, once a lot line adjustment
separates this area from the developed portions of the site. Adjacent properties on the
north side of Princeton Avenue, also with an I-1 General Plan land use designation and
RE-lac zoning, have been all acquired by the City of Moorpark for the Princeton
Avenue Street Widening Project. A future use of the remaining portions of these City-
owned lots after street widening has not yet been determined.
The buildings already developed, and their parking facilities, are in an appropriate
location for uses permitted by M-1 Zoning, as they are bounded by freeway right-of-way
on the north and west, and industrial uses on the east. In order to achieve consistency
with the General Plan and provide certainty to both the City and developer on public
improvements associated with this project, a development agreement and specific plan
would be required as part of any future entitlement applications for future development
of the hilltop site.
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In order to preclude piecemeal planning of this area, and to ensure potential circulation
issues from the development of the vacant hilltop property are properly addressed, the
City Council has required that a Development Agreement and Specific Plan be required
for any proposed development of that site. Staff would determine the boundaries of
such a Specific Plan, as it would be appropriate to include surrounding properties.
In order to guarantee funding for the preparation of the Specific Plan and Development
Agreement, the applicant has agreed to contribute an initial deposit of $20,000.00
toward the cost of preparing the Specific Plan and place a deed restriction on the future
hilltop lot restricting future development until such time as the Specific Plan is
completed. A future owner would thus be on notice to comply with the deed restriction
and apply for a Specific Plan and Development Agreement in order to develop the
property.
FINDINGS
The Industrial Park (M-1) zoning as proposed under Zone Change No. 2015-02 is
consistent with the General Plan.
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 California Code of Regulations, Title 14, Chapter 3). Since this project proposal
requires consideration of a General Plan Amendment and Zone Change, which are
legislative matters, it is not subject to processing time limits under the Permit
Streamlining Act.
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
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Page 7
the potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of
Regulations (CEQA Guidelines). The General Plan Amendment involves small
properties already in use. The Zone Change would not change the use of the property
on Princeton Avenue and would provide consistency with the General Plan land use
designation. No development would result from these actions. At the time that
development of the hilltop lot is proposed, a separate environmental determination will
be prepared. No further environmental documentation is required.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on May 13, 2016.
2. Mailing. The notice of the public hearing was mailed on May 13, 2016, to owners
of real property, as identified on the latest adjusted Ventura County Tax Assessor
Roles, within one-thousand (1,000) feet of the exterior boundaries of the
assessors parcel(s) subject to the hearing.
3. Sign. One 32 square foot sign is to be placed on the street frontage by May 13,
2016.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. PC-2016- recommending to the City Council approval
General Plan Amendment No. 2015-01, Zone Change No. 2015-02, subject to a
Deed Restriction Requiring a Specific Plan and Development Agreement for the
undeveloped hilltop property and contribution of an initial deposit of $20,000.00
toward the preparation of the Specific Plan.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. General Plan Exhibit
4. Zone Change Exhibit
5. Draft Deed Restriction
6. Draft PC Resolution
19
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2015-02
FOR A CHANGE IN ZONING FROM RURAL EXCLUSIVE, 1
ACRE MINIMUM LOT SIZE (RE-1AC) TO INDUSTRIAL PARK
(M-1) TO CREATE LAND USE DESIGNATION AND ZONING
CONSISTENCY FOR A SPECIFIC PARCEL LOCATED ON A
36-ACRE SITE ON THE WEST SIDE OF PRINCETON
AVENUE, SOUTH OF STATE HIGHWAY 118, ON THE
APPLICATION OF SUNBELT ENTERPRISES, LLC, AND
MAKING A FINDING OF EXEMPTION FROM
ENVIRONMENTAL REVIEW UNDER CEQA IN CONNECTION
THEREWITH
WHEREAS, on September 29, 2015, an application for Zone Change No. 2015-
02 was filed by Sunbelt Enterprises LLC for a request to change the Zoning Designation
of one parcel from Rural Exclusive, 1 acre minimum lot size (RE-lac) to Industrial Park
(M-1) to create General Plan Land Use Designation and Zoning consistency for a
specific parcel located on a 36-acre site on the west side of Princeton Avenue, South of
Highway 118.; and
WHEREAS, at a duly noticed public hearing on May 24, 2016, the Planning
Commission adopted Resolution No. PC-2016-609 recommending approval of Zone
Change No. 2015-02, subject to a Deed Restriction Requiring a Specific Plan and
Development Agreement for the undeveloped hilltop property and contribution of an
initial deposit of $20,000.00 toward the preparation of the Specific Plan prior to
recordation of a lot line adjustment on this property; and
WHEREAS, at a duly noticed public hearing on June 1, 2016 the City Council
considered the agenda report for Zone Change No. 2015-02 and any supplements
thereto and written public comments; opened the public hearing and took and
considered public testimony both for and against the proposal, closed the public
hearings and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined that this
project is Categorically Exempt from the provisions of CEQA pursuant to Section
(15301) as a Class (1) exemption for Existing Facilities in that the Zone Change
involves a small parcel that is part of a larger property already in use and would not
change the use of the property and would provide consistency between the General
Plan Land Use Designation and Zoning. In addition, the project is exempt from CEQA
pursuant to State CEQA Guidelines Section 15305 as a minor change to a land use
limitation in conjunction with a lot line adjustment.
CC ATTACHMENT 7 20
Ordinance No.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the Community Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to Section (15301) as a
Class (1) exemption for Existing Facilities in that the Zone Change involves a small
parcel that is part of a larger property already in use and would not change the use of
the property and would provide consistency between the General Plan Land Use
Designation and Zoning. In addition, the project is exempt from CEQA pursuant to
State CEQA Guidelines Section 15305 as a minor change to a land use limitation in
conjunction with a lot line adjustment.
SECTION 2. GENERAL PLAN CONSISTENCY: Zone Change No. 2015-02
is consistent with the General Plan in that the proposed Industrial Park (M-1) Zoning for
the affected parcel is consistent with the existing Light Industrial (I-1) General Plan Land
Use Designation.
SECTION 3. ZONE CHANGE APPROVAL: 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 4. 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 5. This ordinance shall become effective thirty (30) days after its
passage and adoption, but passage and adoption shall not occur unless and until
recordation by City of a Deed Restriction requiring a Specific Plan and Development
Agreement for the development of the undeveloped hilltop property and contribution of an
initial deposit of $20,000.00 toward the preparation of the Specific Plan and Development
Agreement.
SECTION 6. 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.
21
Ordinance No.
Page 3
PASSED AND ADOPTED this day of June, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A —Zone Change Map
22
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EXHIBIT A
w„ccu:c c=ens' i-tZ.6 vn dorm c nnswatcraermsenuoev-aroaz+rwwa wrn^3
RESOLUTION NO. 2016-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2015-01, A REQUEST TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
FREEWAY/RIGHT OF WAY TO LIGHT INDUSTRIAL (I-1) TO
CREATE LAND. USE DESIGNATION AND ZONING
CONSISTENCY FOR SPECIFIC PARCELS LOCATED ON A 36-
ACRE SITE ON THE WEST SIDE OF PRINCETON AVENUE,
SOUTH OF STATE HIGHWAY 118, ON THE APPLICATION OF
SUNBELT ENTERPRISES, LLC, AND MAKING A FINDING OF
EXEMPTION FROM ENVIRONMENTAL REVIEW UNDER CEQA
IN CONNECTION THEREWITH
WHEREAS, on September 29, 2015, an application for General Plan
Amendment No. 2015-01 was filed by Sunbelt Enterprises LLC for a request to change
the General Plan Land Use Designation from Freeway/Right of Way to Light Industrial
(I-1) to create General Plan Land Use Designation and Zoning consistency for specific
parcels located on a 36-acre site on the west side of Princeton Avenue, South of
Highway 118.; and
WHEREAS, at a duly noticed public hearing on May 24, 2016, the Planning
Commission adopted Resolution No. PC-2016-609 recommending approval of General
Plan Amendment No. 2015-01, subject to a Deed Restriction Requiring a Specific Plan
and Development Agreement for the undeveloped hilltop property and contribution of an
initial deposit of $20,000.00 toward the preparation of the Specific Plan prior to
recordation of a lot line adjustment on this property; and
WHEREAS, at a duly noticed public hearing on June 1, 2016 the City Council
considered the agenda report for General Plan Amendment 2015-01 and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal, closed the public
hearings and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined that this
project is Categorically Exempt from the provisions of CEQA pursuant to Section
(15301) as a Class (1) exemption for Existing Facilities in that the General Plan
Amendment involves small properties already in use and would not change the use of
the property and would provide consistency between the General Plan Land Use
Designation and Zoning. In addition, the project is exempt from CEQA pursuant to State
CEQA Guidelines Section 15305 as a minor change to a land use limitation in
conjunction with a lot line adjustment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
CC ATTACHMENT 8 24
Resolution No. 2016-
Page 2
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the Community Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to State CEQA Guidelines
Section 15301 as a Class 1 exemption for Existing Facilities in that the General Plan
Amendment involves small properties already in use and the General Plan Amendment
would not change the use of the property and would provide consistency between the
General Plan land use designation and Zoning. In addition, the project is exempt from
CEQA pursuant to State CEQA Guidelines Section 15305 as a minor change to a land
use limitation in conjunction with a lot line adjustment.
SECTION 2. GENERAL PLAN AMENDMENT APPROVAL: General Plan
Amendment No. 2015-01 is hereby approved, amending the General Plan Land Use
Map designations as shown in Exhibit "A" attached hereto, which Amendment shall
become effective upon recordation by City of a Deed Restriction requiring a Specific
Plan and Development Agreement for the development of the undeveloped hilltop
property and contribution of an initial deposit of $20,000.00 toward the preparation of
the Specific Plan and Development Agreement.
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 1st day of June, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachments:
Exhibit A— General Plan Amendment Map
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