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HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10LCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. L. Consider Report of Annual Development Agreement Review, Established in Connection with Development Agreement No. 2013-01 for a 390-Unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. Staff Recommendation: 1) Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, Grand Pacific Asset 2, 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.L. Item: 10.L. 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 Development Agreement No. 2013-01 for a 390-Unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, 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 March 20, 2019, the Moorpark City Council adopted Ordinance No. 469 approving the DA between the City of Moorpark and Grand Pacific Asset 2, LLC for a 390-unit senior residential project. The DA remains in full force and effect for 20 years from the operative date of the DA (March 20, 2019) or until one year after the issuance of the final building permit for occupancy of the last unit. The 20-year term ends March 20, 2039. The DA also allows an 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 Development Agreement. Matt Mansi for Aldersgate Home 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. 293 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. 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 6.23, 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 the “Development Fees” of $9,015 per Villa unit, $6,040 per Independent Living unit, and $2,975 per Assisted Living and Memory Care unit, to be updated annually commencing on January 1, 2021. 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 $8,880 per Villa unit and Independent Living unit, $4,440 per Assisted Living and Memory Care unit, to be updated annually commencing on January 1, 2021. 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 $1,320 per Villa unit, $884 per Independent Living unit, $660 per Assisted Living and Memory Care unit, to be adjusted annually commencing on January 1, 2021. No building permits have been issued and, therefore, the Developer has not paid applicable air quality fees. 6.7 Payment of fee in lieu of park dedication “Park Fee” of $9,015 per Villa unit, $6,040 per Independent Living unit, and $2,975 per Assisted Living and Memory Care unit, to be adjusted annually commencing on January 1, 2021. No building permits have been issued and, therefore, the Developer has not paid applicable park fees. 294 Honorable City Council 09/06/2023 Regular Meeting Page 3 No. Requirement Status 6.8 Payment of a “Community Services Fee” of $2,811 per residential unit, to be adjusted annually commencing on January 1, 2021. 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, for such building). 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 processing fees. Developer has paid all applicable processing fees. 6.12 The City and Developer shall form a Community Facilities District(s) (“CFO”) for the purposes of financing facilities and services required to be constructed, provided or funded under this Agreement. No building permits or approvals have been issued and, therefore, the Developer has not pursued the formation of a Community Facilities District in coordination with the City. 6.13 Provide a total of twenty-six (26) affordable housing units in accordance with the agreement. 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 shall offer to the City all rights of way, permanent easements and construction easements on the north side of Casey Road necessary for construction of the Project’s improvements to Casey Road. Developer shall also prepare improvement plans for the Casey Road Improvements that are consistent with current standards and finalize plans for the Casey Road Improvements. Developer shall obtain a Caltrans encroachment permit for the construction of the Casey Road Improvements. Developer has provided a legal description for the dedication of the Casey Road right-of-way to the City for review. 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. 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. 295 Honorable City Council 09/06/2023 Regular Meeting Page 4 No. Requirement Status 6.18 Prior to the 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 an Implementation plan. 6.19 Agreement 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 agrees to provide an offer of dedication for a two-hundred-foot (200') wide future right-of-way along the entire northerly boundary of the Property for North Hills Parkway, along with necessary slope easements for construction. Developer has not submitted plans for the right-of-way dedication and associated improvements. 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. Developer acknowledges the City’s ability to modify. 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. 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 be subject to partial reimbursement from other developers. To date, no such request has been received. 7.6 The City Manager is authorized to sign an Early Grading Agreement on behalf of the City. To date, no early grading agreement has been requested by the Developer. 7.7 City agrees that credit will be given by the City toward the payment of the Citywide Traffic Fee in Section 6.4 of this Agreement for the fair market value of off-site property acquired by the developer as determined by City to be necessary to complete the improvements identified in Section 6.21 of this Agreement. To date, the Citywide Traffic Fee has not been paid by the Developer. 296 Honorable City Council 09/06/2023 Regular Meeting Page 5 No. Requirement Status 7.8 City agrees that per Section 17.38.030(M) of the Moorpark Municipal Code, this project is exempt from the provisions of the Hillside Management Ordinance. City is in agreement that the project is exempt from the provisions of the Hillside Management Ordinance. 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 Grand Pacific Asset 2, LLC has, to date, complied in good faith with all the terms and conditions of the agreement. 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, Grand Pacific Asset 2, 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 297 Honorable City Council 09/06/2023 Regular Meeting Page 6 ATTACHMENT – SITE PLAN 298