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Home My WebLink AboutAGENDA REPORT 2023 0419 CCSA REG ITEM 09BCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 19, 2023 ACTION CONSENSUS TO SELECT COUNCILMEMBER DELGADO AND MAYOR ENEGREN TO SERVE ON THE AD HOC COMMITTEE FOR THE PACIFIC COMMUNITIES PROJECT; AND SELECT COUNCILMEMBERS CASTRO AND GROFF TO SERVE ON THE AD HOC COMMITTEE FOR THE VENDRA GARDENS APARTMENT PROJECT. BY A. Hurtado. B. Consider the Establishment of an Ad Hoc Committee to Renegotiate Certain Terms of the Development Agreement between the City and Nelson Chung on behalf of Pacific Communities Builder, Inc. for the Pacific Arroyo (Pacific Communities) Project; and Consider the Establishment of an Ad Hoc Committee to Renegotiate the Terms of the Development Agreement between the City and Dan Johnson of Danco Communities, on behalf of Moorpark Casey Road LP for the Vendra Gardens Apartments Project (Previously Essex Moorpark). Staff Recommendation: 1) Select two members of the City Council to participate on the Ad Hoc Committee for the Pacific Communities Project, and 2) Select two members of the City Council to participate on the Ad Hoc Committee for the Vendra Gardens Apartments Project. (Staff: Carlene Saxton Community Development Director Item: 9.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director DATE: 04/19/2023 Regular Meeting SUBJECT: Consider the Establishment of an Ad Hoc Committee to Re- Negotiate Certain Terms of the Development Agreement between the City and Nelson Chung on behalf of Pacific Communities Builder, Inc. for the Pacific Arroyo (Pacific Communities) Project; and Consider the Establishment of an Ad Hoc Committee to Renegotiate the Terms of the Development Agreement between the City and Dan Johnson of Danco Communities, on behalf of Moorpark Casey Road LP for the Vendra Gardens Apartments Project (Previously Essex Moorpark) BACKGROUND Pacific Arroyo (Pacific Communities) Project On April 15, 2016, an application was submitted for Residential Planned Development No. 2016-01, Tentative Tract Map 5882, General Plan Amendment No. 2016-01, Zone Change No. 2016-01, and Development Agreement No. 2016-01 requesting approval for construction of 153 single-family residences and 131 detached residential condominium buildings on 38.73 acres of vacant property, located on the south side of Los Angeles Avenue, west of Leta Yancy Road and east of Maureen Lane on an application of Pacific Communities Builder, Inc. This project is known as Pacific Arroyo, although typically referred to as Pacific Communities. In 1999 and 2000, the City Council approved two subdivisions on the subject property, which were not constructed due to floodplain issues and an economic downturn. On May 18, 2016, an initial Ad Hoc Committee was formed for the review of the updated Development Agreement (DA) for the subject project, which included former Mayor Parvin and former Councilmember Millhouse. On December 7, 2016, former Councilmember Simons replaced former Councilmember Millhouse on the Ad Hoc Committee, and the committee’s work was completed. Because this is a new request from the developer and the prior committee’s work was completed, a new Ad Hoc Committee is now requested to address the amendment application from the current owner. Item: 9.B. 116 Honorable City Council 04/19/2023 Regular Meeting Page 2 Although the project’s scope changed throughout its history, the current projec t was approved by City Council on September 20, 2017. On April 13, 2023, a Development Agreement Amendment Application was filed by Pacific Community Builders, Inc. Over the past two years, the applicant has been working with the Ventura County Watershed Protection Agency to address construction requirements within and near the Arroyo Simi Channel (Arroyo Simi) to consider the project’s storm water retention and runoff requirements. As such, expanded review is necessary to comply with the California Environmental Quality Act (CEQA). In March 2023, the City initiated a revised CEQA review of the project, including a technical review of various technical reports including a Jurisdiction Delineation Report, which delineates the extent of waters within Army Corp of Engineers jurisdiction, and revised project scope associated with the Arroyo Sim i. An earlier Draft Mitigated Negative Declaration (MND) was adopted in 2017, which did not include the current improvements in the Arroyo Simi and project site. The Cit y is currently working to prepare an updated Initial Study and expects to make the revised CEQA determination by Summer 2023. Vendra Gardens Apartments (Previously Essex) Project On October 1, 2012, an application was submitted for Residential Planned Development No. 2012-02 and DA No. 2012-03 requesting approval of the construction of a 200-unit residential apartment complex on 10.57 acres of vacant property, located at the south of Casey Road, west of Walnut Canyon Road and north of High Street on an application of Essex Property Trust, Inc. This project is now known as Vendra Gardens Apartments but was previously referred to as Essex Apartments. An earlier entitlement, for a similar project at the site, have since expired. The earlier DA was not executed. On May 18, 2005, an Ad Hoc Committee was formed for the review of the original DA associated with the earlier entitlements, which included former Mayor Hunter and former Councilmember Harper. On April 7, 2021, the City Council appointed Councilmember Antonio Castro and Councilmember Daniel Groff to serve on the Essex Property Ad Hoc Committee to consider the amendments of the terms of the existing DA. Therefore, the latest assignment of an Ad Hoc Committee for the project included Councilmember s Castro and Groff. The work of the prior Ad Hoc Committee was completed. Therefore, a new Ad Hoc Committee is now requested to address a new amendment request. In March of 2023, the subject property was conveyed to Moorpark Casey Roa d, LP. by the previous owner Essex Property Trust, Inc. Over the course of the project’s re view, several amendments have been submitted to the City. The City Council has approved three amendments to the DA and this request would result in the fourth amen dment request for the project. The first amendment changed the project to a fully affordable project and outlined financing of certain development impact fees. The second amendment allowed the change of the income restrictions and unit mix outlined in th e Affordable Housing Agreement, update the description of the property and the content of the “Offsite Improvement Performance and Payment Bond”, modify the timing of undergrounding utility lines, and to extend the sales deadlines outlined within the DA. The third amendment further extended the deadline to close the sale of the property. The application for the fourth amendment to the DA includes a request to modify the 117 Honorable City Council 04/19/2023 Regular Meeting Page 3 description of the landscape and maintenance assessments districts, clarify the description of emergency, secondary, and pedestrian access ways, and the storm water detention basins, and to change the terms of a residual loan which provided for financing of certain development impacts fees. Development Agreement Ad Hoc Committees Within the City of Moorpark, DAs are negotiated with two Councilmembers, city staff and the applicant. City staff and Council set the parameters regarding the negotiations and terms of the DA with the applicants. In order, to move forward into the DA negotiations, staff is requesting that the City Council identify two members to serve on an ad hoc committee to negotiate the terms of the DA for the Pacific Communities Project and the Vendra Gardens Apartments Project. There are no current Ad Hoc Committee assignments. FISCAL IMPACT There is no financial impact associated with formation of the City Council subcommittee. COUNCIL GOAL COMPLIANCE This action supports City Council Goal 1 to “Identify Options and Solutions to Barriers for Housing for All Economic and Age Ranges.” STAFF RECOMMENDATION 1. Select two members of the City Council to participate on the Ad Hoc Committee for the Pacific Communities Project, and; 2. Select two members of the City Council to participate on the Ad Hoc Committee for the Vendra Gardens Apartments Project. 118