HomeMy WebLinkAboutAGENDA REPORT 2021 0407 CCSA REG ITEM 09FCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 07, 2021
ACTION Unanimous Consensus to Appoint
Councilmember Castro and Councilmember
Groff to Serve on the Essex Property Ad
Hoc Committee (Roll Call Vote:
Unanimous).
BY B.Garza.
F. Consider the Establishment of an Ad Hoc Committee to Review and Recommend
Amendments to Development Agreement (No. 2017-07) by and between the City of
Moorpark and Essex Moorpark Owner, L.P. for Residential Planned Development
(RPD) No. 2012-02, the 200-Unit Apartment Complex Project on 10.57 Acres, with
Access from Casey Road. Staff Recommendation: Appoint two (2) Councilmembers
of the City Council to serve on the Essex Property Ad Hoc Committee to consider
the terms of the existing development agreement and review proposed changes
related to the RPD No. 2012-02 that do not affect the current density or any
substantive elements impacting the approved project. (Staff: Troy Brown)
Item: 9.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Troy Brown, City Manager
DATE: 04/07/2021 Regular Meeting
SUBJECT: Consider the Establishment of an Ad Hoc Committee to Review and
Recommend Amendments to Development Agreement (No. 2017-07)
by and between the City of Moorpark and Essex Moorpark Owner, L.P.
for Residential Planned Development (RPD) No. 2012-02, the 200-Unit
Apartment Complex Project on 10.57 Acres, with Access from Casey
Road
BACKGROUND
On September 24, 2004, applications for a General Plan Amendment (GPA), Zone
Change (ZC), Development Agreement (DA) and Residential Planned Development
Permit (RPD) were submitted by Essex Portfolio, L.P. (Essex), for the construction of a
200-unit apartment complex on 10.57 acres with access from Casey Road, just east of
the Moorpark Boys and Girls Club gymnasium. The proposed project included an
additional 8.84 acres of land to the south that, as part of the te rms of the DA, would be
sold to the City for future public/institutional use. On June 26, 2007, the Planning
Commission held a public hearing on these entitlements, and adopted a resolution
recommending adoption of a Mitigated Negative Declaration and app roval of the project,
subject to conditions.
A new Development Agreement was also negotiated for the project. On July 18, 2007,
the City Council approved Ordinance No. 355, adopting a Development Agreement with
Essex for the property. Essex never signed the Development Agreement. The City and
Essex had then engaged in discussions on the concerns Essex had with the terms of the
Development Agreement. After previously providing direction to staff on changes to the
Development Agreement, on November 7, 2012, the City Council adopted Resolution
No. 2012-3141, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation on a revised Development Agreement. On June 4, 2013, the
Planning Commission considered a revised agreement that included changes to the
original agreement.
Item: 9.F.
366
Honorable City Council
4/07/2021 Regular Meeting
Page 2
Shortly after the project's approval, staff began discussing the terms of the Development
Agreement with the developer to try to resolve some concerns while protecting the
interests of the City. A new RPD Permit (No. 2012-02) application was submitted on
October 1, 2012. This revised proposal replaced the podium apartment buildings that
included common parking garages underneath with apartment buildings that had private
garages on the lower level. The Planning Commission met on February 26, 2013, to
consider RPD Permit No. 2012-02 and adopted Resolution No. PC-2013-579,
recommending its approval with conditions. On November 7, 2012, the City Council
adopted Resolution No. 2012-3141, initiating proceedings for a revised Development
Agreement for this project. The Planning Commission met on June 4, 2013 , to consider
the draft Development Agreement and adopted Resolution No . PC-2013-584,
recommending its approval. The City Council met on February 17, 2017, to consider the
development agreement and on March 15, 2017, adopted Ordinance No. 443 approving
a Development Agreement between the City and Essex Moorpark Owner L.P.
DISCUSSION
To date the Essex project has not come to fruition. In November 2020, the owners of the
property approached the City to explore opportunities to develop their project. The
applicant has identified a potential pathway forward that enables the project to be
constructed as it is proposed in the currently approved RPD. Meaning, none of the
solutions proposed by the applicant thus far has involved increasing or decreasing
density, elimination of any fees, or present substantive changes to the project as originally
proposed.
As part of some preliminary discussions, the applicant has noted that an importa nt
solution for development of the project involves timing of payment of fees negotiated in
the Development Agreement and the number of affordable units proposed in the project.
The applicant is not proposing to decrease the obligation of affordable units designated
within the project.
Staff is requesting that the City Council form an Ad Hoc committee comprised of two
members of the City Council to work with staff and the applicant on negotiating terms of
the development agreement to facilitate the development of the project.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Appoint two (2) Councilmembers of the City Council to serve on the Essex Property Ad
Hoc Committee to consider the terms of the existing development agreement and review
proposed changes related to the RPD 2012 -02 that do not affect the current density or
any substantive elements impacting the approved project. 367