Loading...
HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10JCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. J. Consider Report of Annual Development Agreement Review, Established in Connection with O2 D2 Partners, LLC, and Duncan Donald P/Ashely Construction, Inc., Located on 8.3 Acres at 4875 Spring Road and 384 Los Angeles Avenue, on the Application of Spring Road, LLC (Alliant Moorpark Housing, LLC). Staff Recommendation: 1) Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Alliant Moorpark Housing, LLC, has complied in good faith with the terms and conditions of the Agreement; and 2) Deem the 2023 annual review for this project complete. (Staff: Carlene Saxton, Community Development Director) Item: 10.J. Item: 10.J. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Carlene Saxton, Community Development Director BY: Adam Pisarkiewicz, Contract Planner DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Report of Annual Development Agreement Review, Established in Connection with O2 D2 Partners, LLC, and Duncan Donald P/Ashely Construction, Inc., Located on 8.3 Acres at 4875 Spring Road and 384 Los Angeles Avenue, on the Application of Spring Road, LLC (Alliant Moorpark Housing, LLC) BACKGROUND Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements (DAs) between the City and property owners in connection with proposed plans of development for specific properties. DAs are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On January 17, 2018, the Moorpark City Council adopted Ordinance No. 459 approving the DA between the City of Moorpark, 02 D2 Partners, LLC and Duncan Donald P/ Ashely Construction, Inc. (Spring Road, LLC) for a 95-unit residential condominium project. The DA remains in full force and effect for 20 years from the operative date of the DA (February 16, 2018), or until one year after the issuance of the final building permit for occupancy of the last unit. The DA also allows amendment or termination by mutual consent. Provisions of the DA require an annual review and report to the City Council on the status of completion of all aspects of the agreement. This is the first annual review of this DA. The site is now owned by Alliant Moorpark Housing, LLC. Thomas Atlee, Assistant Project Manager for Alliant Strategic Development, submitted the necessary materials and fee/deposit for the 2023 annual review. The Community Development Director has reviewed the submitted information, the project status, and provides the following report. 280 Honorable City Council 09/06/2023 Regular Meeting Page 2 DISCUSSION Current Project Status To date, the applicant has not pursued the issuance of a grading permit or building permit for development of the subject property. On May 24, 2023, an application for a DA Amendment was submitted to consider an amendment to the DA to accommodate a modified project. On July 19, 2023, Mayor Enegren and Councilmember Delgado were appointed to an ad hoc committee to negotiate the proposed amendment. On August 23, 2023, the applicant submitted applications for a tentative parcel map and residential planned development permit for the modified project. The applications are currently being reviewed for completeness. Developer Compliance with Terms of Agreement The developer’s responsibilities are included in Section 6 of the DA, and include requirements 6.1 through 6.23, summarized below. Compliance with the terms and conditions of the DA occurs at various stages of the development process. Action by the developer and other clarifying information has been noted. Where no comment appears, no specific activity has occurred. No. Requirement Status 6.1 Developer shall comply with the Agreement, Subsequent Project Approvals and Mitigation Monitoring and Reporting Program (MMRP). Developer has complied with all applicable conditions associated with the project approvals, DA and MMRP. No grading or building permits have been requested or issued and therefore the majority of conditions and mitigation measures are not yet applicable to the project. 6.2 All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances. A Final Map has not been recorded and all lands and interests have not been dedicated to the City in accordance with the DA. 6.3 Payment of “Development Fees” of $9,200.00 per residential unit, to be updated annually commencing January 1, 2019. No building permits have been issued and, therefore, the Developer has not paid applicable development fees. 6.4 Payment of the “Citywide Traffic Fee” of $12,500.00 per residential unit to be adjusted annually commencing January 1, 2019. No building permits have been issued and, therefore, the Developer has not paid applicable traffic mitigation fees. 6.5 Payment of Los Angeles Avenue Area of Contribution (LAAOC) fee. No building permits have been issued and, therefore, the Developer has not paid applicable LAAOC fees. 6.6 MMRP requires the developer to pay a one-time “Air Quality Fee”. The Air Quality Fee shall be $1,709.00 per dwelling unit to be adjusted annually commencing January 1, 2019. No building permits have been issued and, therefore, the Developer has not paid applicable air quality fees. 281 Honorable City Council 09/06/2023 Regular Meeting Page 3 No. Requirement Status 6.7 Payment of a fee in lieu of park dedication “Park Fee” of $10,500.00 for each dwelling unit within the Property, to be adjusted annually commencing January 1, 2019. No building permits have been issued and, therefore, the Developer has not paid applicable park fees. 6.8 Payment of a “Community Services Fee” of $2,700.00 per dwelling unit, to be adjusted annually commencing on January 1, 2019. No building permits have been issued and, therefore, the Developer has not paid applicable community services fees. 6.9 Developer agrees to pay the Art in Public Places Fee (Art Fee) in effect at the time of building permit issuance for each building prior to the issuance of the building permit for that residential building within the Project consistent with City Resolution No. 2005-2408 or any Successor Resolution (1.0 percent of total building valuations excluding land value and off-site improvement costs). No building permits have been issued and, therefore, the Developer has not paid applicable art in public places fees. 6.10 Payment of all City capital improvement and processing fees. No building permits have been issued and, therefore, the Developer has not paid applicable development and processing fees. 6.11 Payment of all outstanding City processing fees. Developer has paid all applicable processing fees. 6.12 File a final map for the Project, and pay the City a $5,000.00 Landscape Maintenance District (LMD) Formation Fee. No Zoning Clearance has been issued, and therefore, the Developer has not paid applicable LMD Formation fees. 6.13 Provide a total of fifteen (15) affordable housing units in accordance with the agreement. Pay the direct costs for preparation of the affordable housing agreement up to ten thousand dollars ($10,000). No building permits have been sought, thus no progress has been made on the provision of affordable units of payment of related fees. 6.14 Developer will offer the City all rights of way, permanent easements and construction easements (Los Angeles Avenue Right-of-way) necessary for construction of the Project's improvements on Los Angeles Avenue (SR118). Developer will also clear the Los Angeles Avenue Right-of-way of all structures and other improvements to the satisfaction of the City Engineer/Public Works Director. Within twelve (12) months of the Operative Date of this Agreement Developer shall have prepared improvement plans for the Improvements that are consistent with the City's plans for its Los Angeles Avenue widening project. Developer has provided a legal description for the dedication of the Los Angeles Avenue right-of-way to the City for review. Developer has not cleared the Los Angeles Avenue right-of-way of all structures and improvements. Developer has not prepared improvement plans. Development has not obtained Caltrans encroachment permit. 6.15 Annual review of the DA and requirements of the MMRP. Developer is in agreement with the requirement. 282 Honorable City Council 09/06/2023 Regular Meeting Page 4 No. Requirement Status 6.16 Developer agrees that any election to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. Developer has not requested eminent domain proceedings. 6.17 The street improvements shall meet current design standards. Developer has not submitted street improvements plans. 6.18 Prior to recordation of the final map, the developer will ensure the project meets the requirements of this DA and in the conditions of approval for the project. Developer has not submitted a final map for approval. 6.19 Developer agrees to pay any fees and payments pursuant to this Agreement without reservation. No building permits have been sought, thus no fees have been paid. 6.20 In the event that fee adjustments based on Consumer Price Index (CPI) are no longer able to use the index, an alternative adjustment is available. No fees have been paid that are subject to CPI. 6.21 Developer shall construct a concrete ramp from the sidewalk on the Spring Road frontage to proposed future trail on the levee road of the Arroyo Simi, consistent with current standards. Developer has not submitted plans to construct a concrete ramp. 6.22 Developer acknowledges the City's ability to modify the development standards and to change the General Plan designation and zoning of the Property upon the termination or expiration of this Agreement (if the Project has not been built). Developer acknowledges the City’s ability to modify. 6.23 Developer shall form one or more property owner associations to assume ownership and maintenance of private recreation, private streets, parking lots, landscape areas, flood control and NPDES facilities and other amenities within the Project. A Final Map has not been processed and Developer has not formed an owner association. City Compliance with Terms of Agreement The City’s responsibilities are contained in Section 7 of the DA and include provisions 7.1 through 7.9 summarized below. No. Requirement Status 7.1 Agreement to commit reasonable time and resources on expedited and parallel processing of application for subsequent applications. City has complied. 7.2 If requested, at the Developer’s cost, proceed to acquire easements or fee title to land in order to allow construction of required public improvements. To date, no such request has been received. 7.3 Agreement to process concurrently, whenever possible, all land use entitlements for the same property (so long as deemed complete). City has complied. 283 Honorable City Council 09/06/2023 Regular Meeting Page 5 No. Requirement Status 7.4 Agreement that Park Fee required per Section 6.7 meets obligation for park land dedication provisions of state law and local codes. City has complied. 7.5 Agreement to facilitate reimbursement to developer of any costs incurred to by subject to partial reimbursement from other developers. To date, no such request has been received. 7.6 The City Manager is authorized sign an Early Grading Agreement on behalf of the City. To date, no early grading agreement has been requested by the Developer. Evaluation of Good Faith Compliance Based on a review of the DA Annual Review Application and the status of the project, the Community Development Director has determined, on the basis of substantial evidence that Alliant Moorpark Housing LLC, has, to date, complied in good faith with all the terms and conditions of the agreement. Further, the applicant is seeking to abandon the existing entitlements and plans to propose a new residential project for the site. A legal description of dedication for the Los Angeles Avenue right-of-way has been submitted by the applicant and reviewed by the City. The right-of-way dedication would be a requirement of any future project on the site and thus is complying in good faith on this item. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION 1.Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Alliant Moorpark Housing, LLC., has complied in good faith with the terms and conditions of the agreement; and 2.Deem the 2023 annual review for this project complete. Attachment: Site Plan 284 Honorable City Council 09/06/2023 Regular Meeting Page 6 ATTACHMENT – SITE PLAN 285