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HomeMy WebLinkAboutORD 511 2023 0301 ORDINANCE NO. 511 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2012-03 BETWEEN THE CITY OF MOORPARK AND ESSEX MOORPARK OWNER, L.P., AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1 , Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that property; and WHEREAS, on July 18, 2007, the City Council adopted Resolution No. 2007-2611, adopting a Mitigated Negative Declaration, and approving General Plan Amendment No. 2004-05 for a change of land use designation from Specific Plan 9 (SP-9) — School Overlay to Very High Density Residential (VH); and WHEREAS, on March 1, 2017, the City Council conducted a duly noticed public hearing and adopted Resolution No. 2017-3582 approving Residential Planned Development Permit No. 2012-02 for the construction of a 200-unit apartment complex and associated site improvements on approximately 11.66 acres located at 150 Casey Road, and adopted a Mitigated Negative Declaration from a previous project, Residential Planned Development Permit No. 2012-02; and WHEREAS, on March 15, 2017, the City Council adopted Ordinance No. 443, approving Development Agreement (DA) No. 2012-03 by and between the City of Moorpark and Essex Moorpark Owner, L.P., in association with Residential Planned Development Permit No. 2012-02; and WHEREAS, on June 7, 2021, an application was filed to amend the terms of the Development Agreement between the City of the Moorpark and Essex Moorpark Owner, L.P.; and WHEREAS, on September 15, 2021, the City Council adopted Ordinance No. 490 approving the First Amendment to Development Agreement No. 2012-03; and WHEREAS, on September 19, 2022, an application was filed to amend the terms of the Development Agreement between the City of the Moorpark and Essex Moorpark Owner, L.P.; and WHEREAS, on November 2, 2022, the City Council adopted Ordinance No. 509 approving the Second Amendment to Development Agreement No. 2012-03; and Ordinance No. 511 Page 2 WHEREAS, on December 27, 2022, an application was filed to amend the terms of the Development Agreement between the City of the Moorpark and Essex Moorpark Owner L.P.; and WHEREAS, on January 24, 2023, the Planning Commission adopted Resolution No. PC-2023-689 recommending that the City Council approve the Third Amendment to the Development Agreement No. 2012-03; and WHEREAS, at a duly noticed public hearing on February 15, 2023 the City Council considered the Third Amendment to the DA, and public testimony related thereto; and WHEREAS, the City Council has considered all points of public testimony relevant to the Third Amendment to the Development Agreement and has given careful consideration to the content of the Third Amendment to the DA, and has reached a decision on the matter; and WHEREAS, the Community Development Director has determined that this project, as amended, is consistent with the environmental determination that was previously-approved for Residential Planned Development Permit No. 2012-02. Therefore, no further environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director that the Third Amendment to the Development Agreement is consistent with the Mitigated Negative Declaration adopted for Residential Planned Development Permit No. 2012-02. SECTION 2. The City Council of the City of Moorpark does hereby find as follows: A. The provisions of the Third Amendment to the Development Agreement are consistent with the General Plan in that it will help achieve the goals of the Land Use Element and Housing Element and is consistent with the goals and policies of all other elements. B. The provisions of the Third Amendment to the Development Agreement and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the Moorpark Municipal Code because the Development Agreement, First Amendment, and Second Amendment contain the elements required by Section 15.40.030 and shall be processed through a duly-noticed public hearing process as required by law. Ordinance No. 511 Page 3 SECTION 3. The City Council hereby adopts the Third Amendment to the Development Agreement attached hereto and incorporated herein (Exhibit A) between the City of Moorpark, a municipal corporation, and Essex Moorpark Owner, L.P. and the City Clerk is hereby directed to cause one copy of the signed, adopted agreement to be recorded with the County Recorder no later than ten (10) days after the City enters into the development agreement pursuant to the requirements of Government Code Section 65868.5. 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. 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 written record of the passage and adoption thereof in the minutes 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. PASSED, AND ADOPTED this 1st day of March, 2023. dab Chris R. Enegre , 7yor laroo,,oK c14f ATTEST: 4 . • Q Ky Sp gler, Cis Clerk o�/F 4s a � Exhibit A— Third Amendment to Development Agreement with Attachments Ordinance No. 511 Page 4 EXHIBIT A Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to §§ 6103, 27383 and 27388.1 of the California Government Code THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MOORPARK AND ESSEX MOORPARK OWNER, L.P. 12853-009212770146v 1.doc Ordinance No. 511 Page 5 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third Amendment") is dated as of , 2023, and is entered into by and between the CITY OF MOORPARK, a municipal corporation ("City"), and ESSEX MOORPARK OWNER, L.P., a California limited partnership ("Developer"). RECITALS WHEREAS, the City and Developer entered into that certain Development Agreement dated April 17, 2017, which was recorded on April 17, 2017 as Document No. 20170417-00050720-0 in the Official Records of Ventura County, California, and amended it by a First Amendment of Development Agreement ("First Amendment") dated August 2, 2022 which was recorded on August 4, 2022 as Document No. 2022- 000082017 in such Official Records, and as further amended by a Second Amendment of Development Agreement ("Second Amendment") dated December 2, 2022 which was recorded on December 14, 2022 as Document No. 2022000115909 in such Official Records (as amended, the "DA"); and WHEREAS, Developer is the owner of real property within the City, more specifically described in Exhibit "A" attached hereto (referred to hereinafter as the "Property"); and WHEREAS, City and Developer desire to amend the DA to extend the date for satisfying certain conditions as set forth herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Amendments. a. Section 2 of the Second Amendment is hereby amended to extend the December 31, 2022 date set forth therein to June 30, 2023; and b. Exhibit "C" to the Second Amendment is hereby deleted and replaced in its entirety with Exhibit "B" to this Third Amendment. 2. Reaffirmation. Except as specifically amended hereby, the DA is and shall remain in full force and effect; and to the extent that there are any inconsistencies between the provisions of this Third Amendment and the DA, the provisions hereof shall control. 3. Counterparts. This Third Amendment may be executed by the parties hereto in separate counterparts, and signatures delivered electronically, and each counterpart when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. -1- 1 28 5 3-009 2127 70 1 46v 1.doc Ordinance No. 511 Page 6 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DEVELOPER: CITY: ESSEX MOORPARK OWNER, L.P. CITY OF MOORPARK, a California limited partnership a municipal corporation By: Essex Moorpark GP, L.P. By: a California limited partnership Chris R. Enegren, Mayor Its: General Partner By: Essex Management Corporation ATTEST: a California corporation Its: General Partner Ky Spangler, City Clerk By: Name: APPROVED AS TO FORM: Title: By: Kevin G. Ennis, City Attorney -2- 12853-0092\2770146v1.doc Ordinance No. 511 Page 7 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12853-0092\2770146v1.doc Ordinance No. 511 Page 8 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12853-009212770146v 1.doc Ordinance No. 511 Page 9 EXHIBIT "A" TO THIRD AMENDMENT TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-00125261-0 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCEL 2B OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-04 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED JULY 21, 2005 AS DOCUMENT NO. 20050721-0178764 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI, AS PER MAP FILED IN BOOK 5, PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF SAID COUNTY RECORDER AND A PORTION OF LOT 4, TRACT NO. 3 AS PER MAP ENTITLED "MAP OF M.L. WICKS SUBDIVISION OF PART OF TRACT U AND ADDITION TO MOORPARK, IN THE RANCHO SIMI, VENTURA COUNTY, CALIFORNIA" IN SAID CITY, COUNTY AND STATE AS SHOWN ON MAP FILED IN BOOK 5, PAGE 37 OF SAID MISCELLANEOUS RECORDS (MAPS). TOGETHER WITH THAT PORTION OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS DOCUMENT NO. 20050503- 0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF LOT "T", TRACT NO. "L", RANCHO SIMI AS PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF SAID COUNTY RECORDER, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE ADJUSTMENT NO. 2005-03, DISTANT THEREON NORTH 292.97 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; 1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET; 2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET; 3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE OF SAID PARCEL 1A. A-1 12853-009212770146v 1.doc Ordinance No. 511 Page 10 EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE THEREOF WITHIN 500 FEET, MEASURED VERTICALLY FROM THE PRESENT SURFACE AS RESERVED BY MERI V. BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF OFFICIAL RECORDS. ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED RECORDED MARCH 28, 1942 IN BOOK 653, PAGE 659 OF OFFICIAL RECORDS. ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE OR SUBSURFACE ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM, AS RESERVED BY RILEY SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN BOOK 1587, PAGE 274 OF OFFICIAL RECORDS. PARCEL 2: PARCEL "B" AS SHOWN ON LOT LINE OF ADJUSTMENT NO. 2014-1, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 31, 2016 AS INSTRUMENT NO. 20160831-00125261-0 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF PARCEL 1A OF IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 2005-03 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED MAY 3, 2005 AS DOCUMENT NO. 20050503-0108315 OR OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF LOT"T", TRACT NO. "L", RANCHO SIMI AS PER MAP FILED IN BOOK 5 PAGE 5 OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF SAID COUNTY RECORDER. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF MOORPARK BY DEED APRIL 30, 2009 AS INSTRUMENT NO. 20090430-00069389 OF OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT IN EAST LINE OF PARCEL 1A OF SAID LOT LINE ADJUSTMENT NO. 2005-03, DISTANT THEREON NORTH 292.97 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; 1ST THENCE, DEPARTING SAID EAST LINE SOUTH 89°38'32" WEST 752.05 FEET; 2ND THENCE, SOUTH 27°20'34" WEST 36.75 FEET; A-2 1 2 8 5 3-0 092127 70 1 46v 1.doc Ordinance No. 511 Page 11 3RD THENCE, SOUTH 89°03'54" WEST 293.78 FEET TO A POINT IN THE WEST LINE OF SAID PARCEL 1A. ALSO EXCEPT AS TO A PORTION OF SAID LAND ALL OIL, GAS OR OTHER HYDROCARBON SUBSTANCES, BUT WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE THEREOF, WITHIN 500 FEET, MEASURED VERTICALLY FROM THE PRESENT SURFACE AS RESERVED BY MERI V. BURKHOLDER, BY DEED RECORDED IN BOOK 1592, PAGE 487 OF OFFICIAL RECORDS. ALSO EXCEPT 50% OF A PORTION OF SAID LAND ALL OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, AS RESERVED BY WALLY F. MCFFELT, IN THE DEED RECORDED MARCH 28, 1942 IN BOOK 653, PAGE 659 OF OFFICIAL RECORDS. ALSO EXCEPT AN UNDIVIDED 25% IN AND TO A POINT ON SAID LAND THE TOTAL OIL AND MINERAL RIGHTS IN AND UNDER SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE ENTRY UPON SAID LAND WITHIN 500 FEET OF THE PRESENT SURFACE MEASURED VERTICALLY THEREFROM, AS RESERVED BY RILEY SPENCE AND DORA E. SPENCER, IN DEED RECORDED IN BOOK 1587, PAGE 274 OF OFFICIAL RECORDS. APN: 511-0-020-26 5 AND 511-0-020-275 A-3 12853-009212770146v1.doc Ordinance No. 511 Page 12 EXHIBIT "B" TO THIRD AMENDMENT TO DEVELOPMENT AGREEMENT DANCO SCHEDULE OF PERFORMANCE (DEADLINES) (Originally Exhibit F of First Amendment and Exhibit C of Second Amendment) Design Phase: Complete on or before March 30, 2023 Tax-Exempt Bond and Tax Credit Applications: March 16, 2022 Tax-Exempt Bond and Tax Credit Allocations: June 15, 2022 Plan Check/Building Permits: March 1, 2023 Date property must be acquired by Affordable Housing Owner: June 30, 2023 Evidence to City of all debt/equity funds for all Project costs (with comprehensive Project budget): 30 days prior to the scheduled close of escrow Assignment to Affordable Housing Owner and Close Tax Credit and Bond Financing: June 30, 2023 Grading: To commence within 30 days after acquisition of property by Affordable Housing Owner or affiliate Construction: 36 months from commencement of grading Lease-Up: approximately three months following construction completion B-1 12853-0092\2770146v l.doc Ordinance No. 511 Page 13 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 511 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st day of March, 2023 and that the same was adopted by the following vote: AYES: Councilmembers Castro, Delgado, Means and Mayor Enegren NOES: None ABSENT: Councilmember Groff ABSTAIN: None WITNESS my hand and the official seal of said City this 2nd day of March, 2023. /6- Ky Spa le City Clerk (seal) ,PARK ;14•11„'" 1.4,0 n�7.� aft ' o� �r • J I-,'