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Home My WebLink AboutAGENDA REPORT 1998 0715 CC REG ITEM 09BFROM: DATE: AGENDA REPORT CITY OF MOORPARK Honorable City Council q ITEM �• �' CITY OF' OORPARK, CALIFORNIA Ciry Council Meeting ACTIO3 : Coh +lnLled to A-txolus+ g, -x`99 Nelson Miller, Director of Community Development �T �,/ -- BY: /�I I cv-L July 2,1998 (City Council Meeting of July 15, 1998) SUBJECT: CONSIDER PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND HIDDEN CREEK RANCH, L.P., OWNERS OF LAND WITHIN HIDDEN CREEK RANCH SPECIFIC PLAN NO. 8 (DEVELOPMENT AGREEMENT NO. 96-2) CONTINUED FROM July 1, 1998. DISCUSSION At the meeting of July 1, 1998, the City Council continued the consideration of the proposed Development Agreement to July 15, 1998 with the public hearing open. Chapter 15.40 of the Municipal Code sets forth the processing requirements for Development Agreements. A draft Development Agreement between the City and owners of land within the Hidden Creek Ranch Specific Plan was prepared with the involvement of a City Council appointed Ad Hoc Committee consisting of Councilmembers Perez and Wozniak. At its May 20, 1998, regular meeting, the City Council considered the report from the Ad Hoc Committee and a draft Development Agreement and directed review by the Planning Commission of the Development Agreement. The Planning Commission held public hearings on the proposed Development Agreement No. 96 -2 on June 8 and 15, 1998, and recommended approval of the Development Agreement if the Specific Plan is approved. Pursuant to Government Code Section 65864 et sue., the City is authorized to enter into a development agreement with any person having a legal or equitable interest in real property within its sphere of influence for the development of such property upon annexation in order to establish certainty in the development process. Development Agreements are required to be approved by ordinance prior to execution of the agreement. Government Code Section 65865 specifies that development agreements for properties not within the City shall become operative upon completion of annexation. This is addressed in Section 18 of the proposed Development Agreement, which specifies a date to be completed by, however it is recommended that the phrase regarding completion date of the annexation be deleted. City Council also discussed the potential inclusion of an additional section in the Development Agreement linking progress on the 118 bypass to phasing of the Specific Plan. In response to discussions regarding this issue, Messenger has prepared some draft language (see Attachment 2) which they have indicated they would be willing to agree to if required by City Council. RECOMMENDATION Accept public testimony; 2. Close the public hearing; 3. If Specific Plan No. 8 is approved, consider introduction for first reading of Ordinance No. , adopting proposed Development Agreement, with any modifications deemed appropriate. Attachments: 1. Draft Ordinance No. , approving Development Agreement 2. Draft Potential Addition Regarding 118 Bypass 00(JUIL8 Cases \sp8 \cc7198da.rpt ORDINANCE NO: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND HIDDEN CREEK RANCH PARTNERS (MESSENGER INVESTMENT COMPANY) RELATED TO THE DEVELOPMENT OF SPECIFIC PLAN NO. 8: HIDDEN CREEK RANCH. Whereas, at a duly noticed public hearing on October 1, 1997, continued public hearings on October 8, 22, November 12, and December 3, 10, 1997, January 7, 21, March 25, April 1, May 6, 20, 27, June 3, 10, 17 and July 1, 1998, the City Council considered the application filed by Hidden Creek Ranch Partners, L.P., also known as Messenger Investment Company, for the Hidden Creek Ranch Specific Plan Project, consisting of Specific Plan No. 8 /Specific Plan 93 -1, General Plan Amendment 93 -1, and Zone Change 93 -3, for an approximately 4323 acre site located within the City of Moorpark Area of Interest in Ventura County contiguous to the City northerly boundary near Moorpark College and the Campus Park and Varsity Park residential areas, and easterly and southerly of Happy Camp Canyon Regional Park and incorporating more or less Assessor Parcel Numbers: 500- 0120 -035, -55, -065; 500 -0 -170 -135, -205, -255, -285, -295, -305, - 315, -325, -335, -345, -355, -365, -375; 500- 0- 180 -045, -055, -075, -105, -115; 500 -0- 281 -035, -045, -165, -175,-185,-195,-205,-215; 500-0-292-065,-135,-145; 615-0-110-205,-215; and, 615 -0- 150 -185; and, Whereas, the Planning Commission of the City of Moorpark did adopt Resolution PC -98 -354 recommending approval of the proposed Development Agreement between the City and Hidden Creek Ranch Partners, if the Specific Plan is approved; and, Whereas, The City Council on January 21, 1998, adopted Resolution 98 -1425 to certify a Final Environmental Impact Report for the Hidden Creek Ranch Specific Plan and related applications as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures and meeting all findings required by CEQA; The City Council of the City of Moorpark, California, ordains as follows: Section 1. Findings: (1) Government Code Section 65864 of the State Planning and Zoning Law provides that cities may enter into development agreements with persons having equitable interest in real property for development of that property. (2) The owners of the Hidden Creek Ranch Specific Plan, Hidden Creek Ranch Partners, have applied to the City of Moorpark to seek a development agreement between the city and said owners pursuant to Chapter 15.40 of the Moorpark Municipal Code. (3) The Planning Commission of the City of Moorpark at a duly noticed public hearing on June 8, 1998 and continued to June 15, 1998, has reviewed the Development Agreement, at the request of the City Council, and has made recommendations in Resolution PC -98 -354 to the City Council pertaining to the approval of the Agreement. (4) The City Council has received Planning Commission Resolution PC -98 -354 and has considered the C:\1\4\jll \sp8reso \devag Page 1 of 3 ATTACHMENT 1 UODUiS Planning Commission evaluation and recommendations for approval of a development agreement between the City and Hidden Creek Ranch Partners. (5) A duly noticed public hearing was conducted by the City Council on June 17, 1998 to consider the development agreement and to accept public testimony related thereto and was continued to July 1, 1998. (6) The City Council has considered all points of public testimony relevant to the development agreement and has given careful consideration to the content of the development agreement. (7) The development agreement is consistent with the General Plan. (8) A Specific Plan has been prepared for the property consistent with State Planning and Zoning Law and contains descriptions and boundaries of development units, facilities proposed, circulation, open space, design standards and zoning standards for the project area. (9) The development agreement addresses the period of development, public facilities and infrastructure development and financing for these improvements and sets forth reasonable mitigation fees to defer the cost of development to minimize impacts to the city. (10) That all of the issues raised at the public hearings and in correspondence and other supplemental information provided to Council have been considered, and the City Council further finds that the Hidden Creek Ranch Specific Plan Project EIR adequately addresses all issues raised and no new significant environmental impact has been identified nor has there been identified any feasible project alternative or mitigation measure considerably different from others previously analyzed which would clearly lessen the environmental impacts of the project. All additional correspondence received to this time shall hereby be directed to be incorporated as an additional appendix to Volume VI of the EIR. Section 2. Adoption (A) The City Council of the City of Moorpark hereby approves the development agreement attached hereto as " Attachment A" and incorporated by reference, between the City of Moorpark and Hidden Creek Ranch Partners related to development of Specific Plan 8/ Specific Plan 93 -1 subject to the recommendations of the Planning Commission. (B) The Mayor and City Manager are authorized to execute and sign the final agreement and any covenants necessary to effect the agreement. (C) Upon execution, the development agreement shall be recorded within the Office of the County Recorder, County of Ventura, as a covenant running with all the lands comprising the Hidden Creek Ranch Specific Plan. (D) This agreement shall become operative and run for the term specified within the agreement C:Wjll \sp8reso \devag Page 2 of 3 000020 PASSED, APPROVED, AND ADOPTED THIS 15` DAY OF JULY, 1998. AYES: NOES: Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk ATTACHMENT: Hidden Creek Ranch Development Agreement C:\M\jll \sp8reso \devag Page 3 of 3 000021