Loading...
HomeMy WebLinkAboutRES CC 2017 3595 2017 0510 RESOLUTION NO. 2017-3595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE SALE OF A PORTION OF PROPERTY LOCATED AT 192 HIGH STREET, MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 52201 REGARDING THE CREATION OF ECONOMIC OPPORTUNITY FOR THE CITY, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM CEQA WHEREAS, the City of Moorpark (the "City") owns property located at 192 High Street in the City (the "Property"); and WHEREAS, Apricot Lane Market Holdings, LLC, a limited liability corporation (the "Developer"), desires to purchase and develop a portion of the Property; and WHEREAS, the Developer has agreed to purchase and develop the Property in accordance to the terms of a Disposition and Development Agreement (the "DDA") to be entered into by and between the City and the Developer; and WHEREAS, pursuant to the DDA, it is contemplated that the Developer will build one two-story commercial building and one single-story commercial building totaling approximately 16,865 square feet Property (the "Project"); and WHEREAS, it is further contemplated that the Project will consist of: (i) an approximately 13,636 sq. ft. restaurant/market place, including a market, professional kitchen, and restaurant, showcasing food and other products made utilizing the unique produce and meats from Apricot Lane Farms' main farm facility located in Moorpark; and (ii) a bar/tasting room and brewery space for a local brewery in the second building; and WHEREAS, the Project will include improvements and subject to the conditions of approval of Commercial Planned Development Permit No. 2016-01, as previously approved by the City Council; and WHEREAS, based on the analysis by an appraiser engaged by the City, the appraised value of the Property, at its highest and best use permitted by the general plan and zoning equals $612,500 (or$12.50 per sq. ft.); and WHEREAS, the Developer has agreed to pay $612,500 as the purchase price for the Property pursuant to the terms of the DDA; and WHEREAS, the City desires to proceed with the sale of the Property pursuant to the term of the DDA; and Resolution No. 2017-3595 Page 2 WHEREAS, the City finds that the sale of the Property is in furtherance of the creation of economic opportunity for the City; and WHEREAS, Government Code Section 52201 authorizes the City to dispose of a City-owned property for the creation of economic opportunity, if the City Council holds a public hearing (the "Hearing") and making certain findings pursuant to Government Code Section 52201; and WHEREAS, the City held the Hearing on this date regarding the disposition of the Property pursuant to the DDA; and WHEREAS, pursuant to Government Code Section 52201(a), the City did the following before the Hearing: (i) caused a notice of the Hearing to be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066; and (ii) made available the report required by Government Code Section 52201(a)(2) (the "Report") for public inspection no later than the time of publication of the first notice of the Hearing; and WHEREAS, the Report contained (i) a copy of the DDA, and (ii) a summary describing all of the following: (A) the cost of the DDA to the City, (B) the estimated value of the Property to be conveyed, determined at the highest and best uses permitted under the general plan or zoning, (C) the estimated value of the Property to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale, (D) the purchase price to be paid by the Developer, and (E) an explanation of why the sale of the Property will assist in the creation of economic opportunity; WHEREAS, the City's Community Development Director has determined that the Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) because it qualifies as a project under the Class 32 categorical exemption for "In-Fill Development Projects" (State CEQA Guidelines Section 15332). Specifically, staff has determined that there is substantial evidence that the project is consistent with the General Plan and zoning designation for the property. The site is designated in the General Plan for commercial uses and on the Zoning Map for commercial uses and the proposed restaurant/market and brewing space are permitted or conditionally permitted uses in those designations and zones. The site is located within the City and on a site that is 1.12 acres in size surrounded by other commercial uses to the north, east and west and a railroad line to the south. This site is currently developed with structures and because of that previous development and the condition of the property, the site has no value as habitat for endangered, rare or threatened species. The approval would not result in significant effects relating to traffic, noise, air quality, or water quality due to the type of commercial uses in proximity of the site and the site's location in an urban area. Lastly, the site is already adequately served by all required utilities and public services that area accessible to the site from High Street that abuts the northern boundary of the Property. Resolution No. 2017-3595 Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Council hereby finds and determines, based on the Report and other information presented to the City Council as follows: (A) The disposition of the Property pursuant to the DDA is in furtherance of the creation of economic opportunity, in that The Project, as contemplated by the DDA, is expected to increase property tax revenues to all applicable property tax collecting entities. Upon full implementation of the DDA, it is expected that there will be an at least 15 percent increase of total property tax revenues, when compared to the year prior to the Property being acquired by the City; and (B) The consideration to be received by the City for the sale of the Property (in the amount $612,500, the purchase price to be paid by the Developer) is also not less than the fair market value of the Property at its highest and best use; and (C) The consideration to be received by the City for the sale of the Property (in the amount $612,500, the purchase price to be paid by the Developer) is also not less than the fair reuse value of the Property at the use and with the covenants and conditions and development costs authorized by the DDA. SECTION 3. The City Council has reviewed the City staff determination that the Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) because it qualifies as a project under the Class 32 categorical exemption for "In-Fill Development Projects" (State CEQA Guidelines Section 15332). The City Council finds, in the exercise of its independent judgment, and based on all the evidence in the record of the proceeding, including the staff report that accompanies this item, that there is substantial evidence that the project qualifies for this Class 32 Exemption. Specifically, the proposed use of the Property is consistent with the General Plan and zoning designations of the Property. The site is designated in the General Plan for commercial uses and on the Zoning Map for commercial uses and the proposed restaurant/market and brewing space are permitted or conditionally permitted uses in those designations and zones. The site is located within the City and on a site that is 1.12 acres in size surrounded by other commercial uses to the north, east and west and a railroad line to the south. This site is currently developed with structures and because of that previous development and the condition of the property, the site has no value as habitat for endangered, rare or threatened species. The Resolution No. 2017-3595 Page 4 approval would not result in significant effects relating to traffic, noise, air quality, or water quality due to the type of commercial uses in proximity of the site and the site's location in an urban area. Lastly, the site is already adequately served by all required utilities and public services that area accessible to the site from High Street that abuts the northern boundary of the Property. Finally, the City Council finds there is no substantial evidence of an unusual circumstance involving the Project that precludes the use of the Class 32 Exemption for this Project SECTION 4. The DDA, in the form on file at the City Clerk, is hereby approved. The Mayor (or in the Mayor's absence, the Mayor Pro Tem), is hereby authorized to execute and deliver, for and in the name of the City, the DDA. SECTION 5. The officers and staff of the City are hereby authorized and directed, jointly and severally, to execute such documents and do any and all things which they may deem necessary or advisable to effectuate this Resolution and the DDA and any such actions previously taken by such officers and staff are hereby ratified and confirmed. SECTION 6. 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 10th day of May, 2017. S 4 is. 7-wa.t.,,,,, ice S. Parvin, Mayor ATTEST: i Maureen Benson, City Clerk J P4� Resolution No. 2017-3595 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2017-3595 was adopted by the City Council of the City of Moorpark at a special meeting held on the 10th day of May, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Simons ABSTAIN: None WITNESS my hand and the official seal of said City this 17th day of May, 2017. Maureen Benson, City Clerk (seal) <, > 7 ('ii 1