HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10KCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 6, 2023
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
K. Consider Report of Annual Development Agreement Review, Established in
Connection with Tentative Tract Map No. 5708 (2019-01) for a Planned
Community of 755 Residential Units on 277 Acres, Located North of Poindexter
Avenue, West of Casey Road, and Extending Approximately 1,700 Feet West of
Gabbert Road, on the Application of RWC Hitch Ranch, LLC. Staff
Recommendation: 1) Accept the Community Development Director’s report and
recommendation that, on the basis of substantial evidence, RWC Hitch Ranch,
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.K.
Item: 10.K.
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 Tentative Tract Map No. 5708
(2019-01) for a Planned Community of 755 Residential Units on
277 Acres, Located North of Poindexter Avenue, West of Casey
Road, and Extending Approximately 1,700 Feet West of Gabbert
Road, on the Application of RWC Hitch Ranch, LLC
BACKGROUND
Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40
provide for Development Agreements between the City and property owners in
connection with proposed plans of development for specific properties. Development
Agreements 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 June 15, 2022, the Moorpark City Council adopted Ordinance No. 502, approving a
Development Agreement (Agreement) between the City of Moorpark and RWC Hitch
Ranch, LLC. The Agreement was approved in connection with Tentative Tract Map
No. 5708, a planned community consisting of 755 residential units, natural open space,
active and passive public parks, and an integrated trail system. The Agreement remains
in full force and effect for 20 years from the operative date of the Agreement,
September 13, 2022, or until one year after the issuance of the final Building Permit for
occupancy of the last unit, whichever occurs first.
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09/06/2023 Regular Meeting
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Provisions of the Agreement 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 Development Agreement. RWC Hitch Ranch, LLC, 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.
DISCUSSION
Current Project Status
•City has received a Coastal Sage Scrub Restoration and Paleo Resources Mitigation
Plan for review.
•Developer is in the process of pursuing Right-of-Way agreements at Casey Road.
•Gabbert Road Widening Improvements – Cost Share Agreement has been drafted.
•Well Abandonments – Developer has arranged for a site visit to obtain proposals for
proper abandonment of water wells.
•The Developer is currently working with the following agencies on various plan
reviews and approvals:
•City of Moorpark – Rough Grading Plans, Conditional Letter of Map Revision
Review for FEMA, Storm Water Pollution Prevention Plan,
Hydrology/Hydraulics, Soils Geotechnical Investigation Reports.
Conceptual Park Plans for Park A and Park B.
•Moorpark Unified School District – Reconveyance of Property adjacent to
Walnut Canyon Elementary School.
•Regional Water Quality Control Board, US Army Corps of Engineers, and
California Department of Fish and Wildlife on jurisdictional permitting and
impact mitigations.
•Southern California Edison – Utility Pole Relocation Work Order.
•Ventura County Waterworks District – Offsite Sewer Connection Plan,
Offsite Water Connection Plan, Offsite Domestic Water Tank Design.
•Ventura County Waterworks District has approved a revised Sewer
Study.
•Ventura County Watershed Protection District – Project Engineer is in the
process of developing storm drain plans with connections to the Walnut
Canyon Drain.
Developer Compliance with Terms of Agreement
The developer’s responsibilities are included in Section 6 of the Development Agreement,
and include requirements 6.1 through 6.24, summarized below. Compliance with the
terms and conditions of the Development Agreement 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.
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09/06/2023 Regular Meeting
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No. Requirement Status
6.1 Developer shall comply with Agreement, the project
Approvals, all Subsequent Approvals.
Developer has continued to comply with
the Agreement, associated Project and
Subsequent Approvals.
6.2 All lands and interests in land dedicated to City shall
be free and clear of liens and encumbrances.
Final Map will be prepared to dedicate
streets and parks to City free and clear
of liens and encumbrances per the
terms of this Agreement.
6.3 Developer shall construct or cause the construction
of the extension of North Hills Parkway (NHP), Casey
Road, Gabbert Road and High Street. The portions
of NHP at its intersection with Gabbert Road and the
Gabbert Road improvements shall be subject to a
cost sharing agreement with the Burns Pacific
Construction property and the Rasmussen property.
Cost Sharing Agreement has been
drafted.
6.4 Payment of "Development Fee" of $9,200 per single
family unit and $7,084 per multi-family unit to be
updated annually commencing on January 1, 2024.
No building permits have been issued
and, therefore, the Developer has not
paid applicable development fees.
6.5 Contribution of $500,000 for Gabbert Road Railroad Crossing no later than the final inspection of the 200th dwelling unit.
No building permits have been issued
and, therefore, the Developer has not
paid the contribution.
6.6 Payment of Los Angeles Avenue Area of Contribution
Fee of $10,134 per single family unit and $7,803 per
multi family unit to be updated annually commencing
on January 1, 2024.
No building permits have been issued
and, therefore, the Developer has not
paid applicable fees.
6.7 Payment of "Air Quality Fee" of $1,709 per single
family unit and $1,316 per multi family unit to be
updated annually commencing January 1, 2024.
No building permits have been issued
and, therefore, the Developer has not
paid applicable air quality fees.
6.8 Payment of a partial in lieu "Park Fee" of $2,800 for
each residential unit plus $2,000,000 contribution for
Arroyo Vista Park improvements plus construction of
Park A and Park B.
No building permits have been issued
and, therefore, the Developer has not
paid applicable fees.
6.9 Payment of "Community Services Fee" of $2,700 per
single family unit and $2,079 per multi family unit to
be adjusted annually commencing on January 1,
2024.
No building permits have been issued
and, therefore, the Developer has not
paid applicable fees.
6.10 Developer agrees to pay the Art in Public Places Fee
in effect at the time of building permit issuance for
each building prior to final inspection consistent with
City Resolution No. 2005-2408 (the amount of 1% of
total valuation).
No building permits have been issued
and, therefore, the Developer has not
paid applicable fees.
6.11 The project and project site shall only be subject to
those development impact fees as set forth in this
Section 6.
No building permits have been issued
and, therefore, the Developer has not
paid applicable fees.
6.12 Payment of all outstanding processing fees. Developer is in agreement with the
requirement. The Developer Account is
current and in good standing.
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No. Requirement Status
6.13 Establishment of Financing District(s). Developer will work with the City to form
a Landscape Maintenance District for
the maintenance of areas related to the
project slopes, landscaping, parks and
basins.
6.14 Provide not less than 15% of the total number of
housing units for affordable housing units.
Developer is in agreement with the
requirement.
6.15 Dedication of City parcel plus rough grade to "blue
top" condition with utilities stubbed to boundary,
detention basin improvements and passive park.
Final Map will be prepared to dedicate
city parcel; Developer will rough grade
to "blue top" condition and stub utilities
to boundary plus park and basin
improvements will be completed.
6.16 Post notification of planned affordable site prior to
issuance of first building permit.
Developer is in agreement with the
requirement.
6.17 Annual review and evaluation of compliance with the
approved Environmental Impact Report (EIR) and
Mitigation Monitoring and Reporting Program
(MMRP).
Developer has complied with this
requirement for 2023.
6.18 Developer may request in writing that the City acquire
subject property interests by eminent domain if the
Developer is not successful in acquiring the subject
property interests needed for the off-site
improvements.
Developer has initiated discussions with
property owners for acquisition of
easements for off-site improvements.
6.19 Submit and gain approval for Subdivision
Improvement Agreement to guarantee Developer
agreements contained in this Agreement and in the
conditions of approval.
Rough grading plans have been
submitted for plan check.
6.20 Developer agrees to pay any fees and payments
pursuant to this Agreement without reservation.
Developer is in agreement with the
requirement.
6.21 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.
Developer is in agreement with the
requirement.
6.22 Developer acknowledges 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.
Developer is in agreement with the
requirement.
6.23 Homeowners Association shall be formed 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.
Developer will form a Homeowner's
Association (HOA) and has initiated the
development of a preliminary HOA
budget.
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No. Requirement Status
6.24 Agreement to dedicate public street right-of-way at
no cost to the City within 12 months of issuance of
first grading permit.
Final Map will dedicate public right of
way at no cost to the City.
City Compliance with Terms of Agreement
The City’s responsibilities are contained in Section 7 of the Development Agreement
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 is in agreement.
7.2 If requested by the Developer as its sole cost and
expense, the City shall acquire easements or fee title
to land in order to allow construction of public
improvements required of the developer, including
any land which is outside the City’s legal boundaries.
City has complied.
7.3 City shall concurrently process all land use
entitlements for the Project for all entitlements deemed
complete.
City has complied.
7.4 City agrees that the required Park Fee meets all of the
Developer’s obligations under applicable law for park
land dedication.
City is in agreement.
7.5 City shall facilitate the reimbursement to Developer of
any costs incurred by Developer that may be subject
to partial reimbursement from other developers as a
condition of approval of a tract map, development
permit, or development agreement with one or more
other developers.
City has complied.
7.6 The City Manager is authorized to sign an early
grading agreement on behalf of the City to allow
Developer to commence rough grading of the Project
prior to City Council approval of a final subdivision
map.
City is in agreement. Applicant has
submitted rough grading plans for plan
check.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review Application and the
status of the project, the Community Development Director has determined, on the basis
of substantial evidence that RWC Hitch Ranch, LLC has, to date, complied in good faith
with all the terms and conditions of the Agreement.
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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, RWC Hitch Ranch, 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: Tentative Tract Map No. 5708
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TENTATIVE TRACT MAP NO. 5708
ATTACHMENT
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