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HomeMy WebLinkAboutRES PC 2016 610 2016 0823 RESOLUTION NO. PC-2016-610 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT FOR THE VISTAS AT MOORPARK PROJECT, VESTING TENTATIVE TRACT MAP NO. 5130, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2014-01, BY EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FOR 110 HOMES ON APPROXIMATELY 72 ACRES LOCATED EAST OF WALNUT CANYON ROAD, WEST OF SPRING ROAD, AND NORTH OF WICKS ROAD AND FINDING THAT THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION AND ADDENDUM ARE APPLICABLE WHEREAS, on January 21, 2004, the City Council adopted Ordinance No. 299, a Development Agreement between the City of Moorpark and Moorpark 150, LLC (SunCal Companies), for the Vistas at Moorpark project, a 110-home project on approximately 72 acres east of Walnut Canyon Road, west of Spring Road, and north of Wicks Road. The approvals for this project also included a General Plan Amendment, Zone Change, Vesting Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 1998-02; and WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes procedures for the amendment of a Development Agreement; and WHEREAS, On June 15, 2016, the City Council adopted Resolution No. 2016- 3519, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on an amendment to the term of the Development Agreement for the Vistas at Moorpark project to ensure that it remains in effect through the entire construction of the project; and WHEREAS, at duly noticed public hearing on August 23, 2016, the Planning Commission considered an Ordinance to amend the Development Agreement for the Vistas at Moorpark project, Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 2014-01, by extending the term of the agreement; and WHEREAS, at its meeting of August 23, 2016, the Planning Commission 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, closed the public hearing, and discussed and reached a decision on this matter; and Resolution No. PC-2016-610 Page 2 WHEREAS, a Mitigated Negative Declaration was prepared for the Vistas at Moorpark project and adopted by the City Council on December 17, 2003, and an Addendum to the Mitigated Negative Declaration was prepared for an updated project and was adopted by the City Council on March 18, 2015. The Community Development Director has found that the extension of the term of the Development Agreement would not affect the findings in the Mitigated Negative Declaration or its Addendum in that it would not change the physical characteristics of the project and these documents continue to remain applicable to the project. No further environmental documentation is needed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that the extension of the term of the Development Agreement would not affect the findings in the Mitigated Negative Declaration or its Addendum in that it would not change the physical characteristics of the project and these documents continue to remain applicable to the project. No further environmental documentation is needed. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of an Ordinance to amend Section 19 of the Development Agreement between to the City of Moorpark and Moorpark 150, LLC, adopted by Ordinance No. 299, to read as follows: "19. Term. This Agreement shall remain in full force and effect commencing on its operative date until December 31, 2040, or until the close of sale of the last Affordable Housing Unit, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein." Resolution No. PC-2016-610 Page 3 SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions The action of the foregoing direction was approved by the following vote: AYES: Commissioners Aquino, Groff, Hamous, Vice Chair Landis, and Chair Di Cecco NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 23rd day of August, 2016. giv14A2K) Mark i Cec o, Chair áí�it David A. gObardt, Community Development Director