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HomeMy WebLinkAboutRES PC 2023 699 2023 0926RESOLUTION NO. PC -2023-699 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF MOORPARK AND HIGH STREET DEPOT, LLC AND MAKING A DETERMINATION THAT. NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 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, the Daly Group, Inc., as the predecessor developer, applied to the City to build a mixed-use commercial and residential project including 79 residential dwelling units and 13,628 square feet of commercial floor area within four mixed-use buildings and three standalone commercial buildings on the Property located at 226 High Street in the City of Moorpark (the "City") (the "Project"); and WHEREAS, on September 10, 2020, the Planning Commission recommended approval of Resolution No. PC -2020-653, recommending the City Council determine the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 7, 2020, the City Council adopted Resolution Nos. 2020- 3949 and 2020-3950, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, conditionally approving Residential Planned Development Permit No. 2018-01 for the Project, and a Disposition and Development Agreement (DDA), for a mixed-use development consisting of 79 residential units, 13,628 square feet of commercial and associated land improvements located at 226 High Street in the Downtown Specific Plan on an application of the Developer, and finding the Project consistent with the General Plan per Government Code 65402; and WHEREAS, on October 21, 2020, the City Council adopted Ordinance No. 484, approving Development Agreement (DA) No. 2018-01; and WHEREAS, on September 27, 2022, the Planning Commission adopted Resolution No. PC -2022-681, recommending approval of the First Amendment to Development Agreement No. 2018-01 (DA); and WHEREAS, on November 2, 2022, the City Council adopted Ordinance No. 507, approving the First Amendment to Development Agreement (DA) No. 2018-01; and Resolution No. PC -2023-699 Page 2 WHEREAS, on March 27, 2023, pursuant to Section 4.1 of the Disposition and Development Agreement that was entered into by the parties on October 23, 2020 ( the "DDA"), all rights, title, interest in and to the DA and the DDA were assigned from the Daly Group, Inc. (as assignor) to the High Street Depot, LLC (as assignee) by way of a document entitled as Assignment and Assumption of City Agreements so that High Street Depot, LLC became the developer of the Project ("Developer"); and WHEREAS, on March 31, 2023, the property that is the subject of the DA was conveyed from the City, as grantor, to Developer, as grantee, by way of a Grant Deed recorded as Document No. 2023000023336; and WHEREAS, Developer has commenced grading of the project site, after obtaining approval of building plans from the City; and WHEREAS the Developer and City staff have negotiated a draft Affordable Housing Agreement for the Project to set forth requirements for the required affordable dwelling units at the Project. The DA needs to be amended to conform to the negotiated terms of the Affordable Housing Agreement; and WHEREAS, the Developer has agreed to the terms as outlined in the Second Amendment to DA; and WHEREAS, pursuant to California Government Code Section 65867 and Moorpark Municipal Code Section 15.40.080, a duly noticed public hearing was conducted by the Planning Commission on September 26, 2023, to consider the Second Amendment the DA and to accept public testimony related thereto; and WHEREAS, the Planning Commission has considered all points of public testimony relevant to the Second Amendment to the DA and has given the matter careful consideration. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct. SECTION 2. CEQA. The Planning Commission concurs with the Community Development Director that the Second Amendment to the Development Agreement is consistent with, and within the scope of, the Mitigated Negative Declaration adopted for the Residential Planned Development Permit No. 2018-01. Thus, no subsequent environmental review is required pursuant to CEQA Guidelines Section 15162 for the reasons set forth below: Resolution No. PC -2023-699 Page 3 A. On October 7, 2020, the City Council adopted Resolution Nos. 2020-3949 approving a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Project. City staff reviewed the MND and has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND. All potential environmental impacts associated with the Project are adequately addressed by the MND, and the mitigation measures contained in the MMRP will reduce those impacts to a level that is less than significant. B. Based upon the whole record before it and its independent review and judgment, the Planning Commission concurs with staff and finds that that the Project is not subject to further environmental review pursuant to CEQA Guidelines Section 15162 because: i. The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects; ii. The Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the MND; and iii. All potential environmental impacts associated with the Project are adequately addressed by the MND, and the mitigation measures contained in the MMRP will reduce those impacts to a level that is less than significant. The custodian of records for the MND, and all other materials that constitute the record of proceedings upon which the determination is based, is the Community Development Department of the City. Those documents are available for public review with the City of Moorpark, Community Development Department, 799 Moorpark Avenue, Moorpark, California, 93021. SECTION 3. Development Agreement Findings. The Planning Commission finds and declares that: A. The provisions of the Second Amendment to the Development Agreement are consistent with the General Plan and Downtown Specific Plan in that the Project is consistent with the Specific Plan — Downtown land use designation, helps achieve the goals of the Land Use Element and Housing Element, and is consistent with the goals and policies of all other elements. The development of a mixed-use project in accordance with the General Plan and Downtown Specific Plan furthers the City's goals to revitalize the Resolution No. PC -2023-699 Page 4 Downtown, achieve a well-balanced and diversified economy, and provide a variety of housing options. B. The provisions of the Second Amendment to the Development Agreement are consistent with this chapter 15.40 of the Moorpark Municipal Code because the Development Agreement contains the elements required by Section 15.40.030 and has been processed through a duly noticed public hearing, as required by law. SECTION 4. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the Planning Commission recommends that the City Council adopt an Ordinance approving the Second Amendment to DA 2018-01, a draft of which is substantially set forth in Exhibit A to this Resolution. SECTION 5. The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Hamalainen, and Chair Landis NOES: ABSTAIN: Commissioner Di Cecco ABSENT: PASSED, AND ADOPTED this 26th day of September, 2023. KippLandis Chaff Carlene Saxton Community Development Director Attachment: EXHIBIT A: Draft Second Amendment to Development Agreement Resolution No. PC -2023-699 Page 5 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 Government Code § 6103 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MOORPARK AND HIGH STREET DEPOT, LLC -1- 1285 3-0062\2835089v2. doe DRAFT Resolution No. PC -2023-699 Page 6 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is dated as of , 2023, and is entered into by and between the CITY OF MOORPARK, a municipal corporation ("City"), and HIGH STREET DEPOT, LLC, a California limited liability company ("Developer"). RECITALS WHEREAS, the City and Daly Group, Inc., a California corporation entered into that certain Development Agreement dated October 23, 2020, which was recorded on November 2, 2020 as Document No. 20201102-00183317-0 1/52 in the Official Records of Ventura County, California ("Original DA"); and WHEREAS, The Original DA was approved in connection with the planned mixed-use commercial and residential project including 79 residential dwelling units and 13,628 square feet of commercial floor area within four mixed-use buildings and three stand-alone commercial buildings on the Property that was the subject of the Original DA; and WHEREAS, the City and the Daly Group, Inc. entered into that certain First Amendment to the Development Agreement dated December 2, 2022, which was recorded on December 5, 2022 as Document No. 22022000113646 in the Official Records of Ventura County, California ("First Amendment") for purposes of excluding from the property to be developed a small rectangular area at the southwest corner of the project site; and WHEREAS, the Original DA and First Amendment are collectively referred to herein as the DA; and WHEREAS, on March 27, 2023, pursuant to Section 4.1 of the Disposition and Development Agreement that was entered into by the parties on October 23, 2020 ( the "DDA"), all rights, title, interest in and to the DA and the DDA were assigned from the Daly Group, Inc. (as assignor) to the High Street Depot, LLC (as assignee) by way of a document entitled as Assignment and Assumption of City Agreements; and WHEREAS on March 31, 2023, the property that is the subject of the DA was conveyed from the City, as grantor, to High Street Depot, LLC, a California limited liability company, as grantee, by way of a Grant Deed recorded as Document No. 2023 000023 3 3 6; and WHEREAS, City and High Street Depot, LLC, as Developer, desire to amend the DA to conform the DA to certain provisions in the Affordable Housing Agreement to be entered into by and between the City and the Developer. NOW, THEREFORE, the parties hereby agree as follows: 1. Recitals. The Recitals are true and correct and constitute a material part of this Amendment. -2- 12853-0062\2835089v2.doc Resolution No. PC -2023-699 Page 7 2. Accessible Units. Paragraph (a) of Section 6.9 of the DA shall be amended to read as set forth below: "Developer shall not be entitled to any additional density bonuses or incentives or concessions as otherwise granted pursuant to State law, and further agrees, in consideration for the density obtained through the Project Approvals, to construct on site and income restrict twelve (12) residential rental units (all for moderate income levels) to eligible tenants meeting moderate income thresholds for the life of the Project. The twelve units shall consist of eight (8) studio apartments and four (4) two bedroom apartments, as identified on Exhibit "D" hereof; provided, however, that Developer may change the location of such units within the Project, subject to the reasonable approval of the City Manager. Two (2) studio apartments shall be handicap accessible and shall be reserved for and occupied by persons eligible for such accommodations, to the extent there is a qualified handicapped affordable person ready to occupy such unit. Should there be a qualified moderate income prospective tenant desiring to rent such unit but all such units are rented, Developer shall add such prospective tenant to the waiting list until such affordable handicap accessible units becomes available. when an affordable unit that is not handicap accessible becomes available, the non -handicapped affordable tenant who occupies the affordable handicap unit shall be relocated to another affordable unit that is not handicap accessible in order to allow the qualified handicap tenant to occupy the handicap accessible unit. Developer shall include a provision in the non -handicap affordable unit lease that the non -handicap affordable tenant agrees to be relocated, at Developer cost, as soon as the non -handicap unit becomes available." 3. Life of the Project. Paragraph (j) is hereby added to Section 6.9 of the DA to read as set forth below: "For purposes of this Section 6.9, "life of the project" means the earliest of either: (i) the date that the Property is no longer zoned for any residential use and cannot be used for any residential use or purpose as a "non -conforming use" and has no residential occupancy; or (ii) fifty-five (55) years after the recordation of the Affordable Housing Agreement for the Property entered into by and between High Street Depot LLC and the City." 4. Effect of Amendment. Except as expressly set forth in this Amendment, the DA shall remain unmodified and shall remain in full force and effect. 5. Counterparts. This Amendment may be executed and recorded in counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same instrument. -3- 12853-0062\2835089v2.doc Resolution No. PC -2023-699 Page 8 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DEVELOPER: HIGH STREET DEPOT, LLC, a California limited liability company 0 us Vincent Daly, Managing Member Brian Mathews, Managing Member CITY: CITY OF MOORPARK, a municipal corporation MD Chris Enegren, Mayor ATTFI�T-- Ky Spangler, City Clerk APPROVED AS TO FORM: =D Kevin G. Ennis, City Attorney -4- 12853-0062\2835089v2.doe Resolution No. PC -2023-699 Page 9 1'• 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 -5- 12853-0062\2835089v2.doc (Seal) Resolution No. PC -2023-699 Page 10 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 -6- 12853-0062\2835089v2. doe (Seal)