HomeMy WebLinkAboutAGENDA REPORT 2024 0221 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 21, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
E. Consider Report of Annual Development Agreement Review, Established in
Connection with Residential Planned Development No. 2021-01 (Beltramo
Ranch), Located at 11930 Los Angeles Avenue, on the Application of Nancy Johns
on behalf of KB HOME Greater Los Angeles, Inc. Staff Recommendation: 1)
Accept the Community Development Director’s report and recommendation that,
on the basis of substantial evidence, the Developer has complied in good faith with
the terms and conditions of the agreement; and 2) Deem the 2024 annual review
process for this project complete. (Staff: Carlene Saxton, Community
Development Director)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Carlene Saxton, Community Development Director
BY: Shanna Farley, Principal Planner
DATE: 02/21/2024 Regular Meeting
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Residential Planned Development
No. 2021-01 (Beltramo Ranch), Located at 11930 Los Angeles Avenue,
on the Application of Nancy Johns on behalf of KB HOME Greater Los
Angeles, Inc.
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 September 7, 2022, the Moorpark City Council adopted Ordinance No. 505 (effective
October 7, 2022), approving a Development Agreement (“Agreement”) between the City
of Moorpark and Warmington Residential California, Inc. The Agreement was approved
in connection with Residential Planned Development Permit No. 2021-01, for the
subdivision and development of 47 residential units, private roads, community open
space, and associated improvements on 7.4 acres of property (“Project”), located at
11930 Los Angeles Avenue (“Project Site”), known as Beltramo Ranch. The Agreement
remains in full force and effect for 20 years from the operative date of the Agreement,
expiring on October 7, 2042.
The Project was originally submitted by Warmington Residential in 2021. On
December 14, 2023, the Project and the Project Site was acquired by KB HOME Greater
Los Angeles, Inc. (“KB HOME” / “Developer”). An Assignment Agreement is currently
being prepared between the parties.
Item: 10.E.
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The Agreement requires an annual review and report to the City Council on the status of
completion of all aspects of the Agreement and confirmation of the Developer’s
compliance with the terms of the Agreement. This is the first annual review of this
Development Agreement. Nancy Johns of KB 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.
DISCUSSION
Current Project Status
• The Developer is currently working with the following agencies on various plan reviews
and approvals:
˗ Ventura County Waterworks District – Water and Sewer Plans;
˗ California Department of Transportation (Caltrans) – Encroachment permit for
Los Angeles Avenue improvements;
˗ Southern California Edison;
˗ Ventura County Fire Department; and
˗ Ventura County Assessor’s Office.
• The Developer has submitted a grading permit application to the City’s Engineering
Division and is currently preparing submittal of the fourth plan check.
• The Developer has submitted a demolition permit application to remove onsite
structures, paving, septic system, etc. to the City’s Building Division and is in second
plan check. The Developer anticipates demolition of existing structures, paving and
septic systems to occur in February/March 2024 and grading to commence in April
2024.
• The Developer has submitted a retaining wall and fence permit application to the City’s
Building Division and is in second plan check.
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 6.19, 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.
No. Requirement Status
6.1 Developer shall comply with the Agreement,
subsequent project approvals and Mitigation
Monitoring Program.
Developer has complied with the Mitigation
Monitoring Program.
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02/21/2024 Regular Meeting
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No. Requirement Status
6.2 Payment of “Development Fees” of
$10,989.20 per residential unit, to be updated
annually commencing on January 1, 2024.
Developer will pay the Development Fees for
each residence prior to issuance of a building
permit.
6.3 Payment of the “Traffic Mitigation Fee” of
$14,861.94 per residential unit to be adjusted
annually commencing January 1, 2024.
Developer will pay the Traffic Mitigation Fees for
each residence prior to issuance of a building
permit.
6.4 Payment of Los Angeles Avenue Area of
Contribution (AOC) Fee.
Developer will pay Los Angeles Avenue Area
of Contribution (AOC) Fees for each residence
prior to issuance of a building permit.
6.5 Payment of the “Air Quality Fee". The Air
Quality Fee shall be $2,041.36 per dwelling
unit to be adjusted annually commencing
January 1, 2024.
Developer will pay the Air Quality Fee for each
residence prior to issuance of a building
permit.
6.6 Payment of a one-time fee in lieu of park
dedication “Park Fees” of $697,868.87 for the
project to be adjusted annually commencing
January 1, 2024.
Developer will pay the one-time Park Fee
upon the issuance of the first residential
building permit for the tract.
6.7 Payment of a “Community Services Fee” of
$3,225.09 per dwelling unit, to be adjusted
annually commencing on January 1, 2024.
Developer will pay the one-time Community
Service Fee for each residence prior to
issuance of a building permit.
6.8 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).
Developer will pay the one-time Art in Public
Places Fee for each residence prior to issuance
of a building permit.
6.9 Payment of all City capital improvement and
processing fees.
Developer will pay the one-time City Capital
Improvement Development and processing
Fee, including the Library Facilities Fees,
Police Facilities Fees, Fire Protection Fee,
Tree and Landscape Fee, drainage,
entitlement processing fees, and plan check
and permit fees for buildings and public
improvements, upon the issuance of building
permit for each lot in the tract.
6.10 Payment of all outstanding processing fees. The Developer’s Account is current and in
good standing.
6.11 Formation of a Community Facility District
(CFD)
Developer will work with the City and pay
associated costs to form a CFD for the
maintenance of areas related to the project.
6.12 Payment of a one-time fee in lieu of
construction of affordable housing “Affordable
Housing Fee” of $1,034,000.00 for the project
to be adjusted annually commencing January
1, 2024.
Developer will pay the one-time Affordable
Housing Fee prior to issuance of a building
permit for a residential unit.
6.13 Annual review of the DA and requirements of
the Mitigation Monitoring and Reporting
Developer will abide by the section.
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No. Requirement Status
Program (MMRP).
6.14 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.
No off-site property has been identified for the
action of eminent domain to date.
6.15 The developer shall not make any new
application for a subdivision or any other
development project without prior approval
from the City Council (Implementation Plan).
The Developer will not make any new
application until an Implementation Plan is
approved by City Council.
6.16 The developer agreement to pay any fees and
payments pursuant to this Agreement without
reservation (Fee Protest Waiver).
The Developer agrees to pay fees and
payments outlined in this section.
6.17 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.
The CPI is still available and used by all
governmental agencies. Bid prices will be
used in such cases that CPI is no longer
available.
6.18 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.
The Developer agrees to the content of this
section.
6.19 Developer agrees to form a Home Owners
Association (HOA) prior to the recordation of
the first final map.
The Developer agrees to the content of this
section.
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 7.6 summarized below.
No. Requirement Status
7.1 Agreement to commit reasonable time and
resources on expedited and parallel
processing of application for subsequent
applications.
The City has committed reasonable time and
resources to the expedited processing of
applications.
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.
The City is working to provide an access
easement through Glenwood Park for the
installation of a water line to the Project.
7.3 Agreement to process concurrently, whenever
possible, all land use entitlements for the same
property (so long as deemed complete).
The City is actively and concurrently
reviewing grading and building permit
applications for the Project.
7.4 Agreement that the Park Fee required per
Section 6.6 meets obligation for park land
dedication provisions of state law and local
codes.
The City acknowledges that the Park Fee,
when paid, will meet the obligation of parkland
dedication.
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No. Requirement Status
7.5 Agreement to facilitate reimbursement to
developer of any costs incurred to be subject
to partial reimbursement from other
developers.
The City acknowledges the agreement that if
a reimbursement of costs is posed by the
Developer, due to payment by other
developer, such reimbursement will be made.
Such a reimbursement has not been identified
at this time.
7.6 The City Manager is authorized to sign an
early grading agreement on behalf of the City.
The City acknowledges that the City Manager
may sign an early grading agreement, should
the need arise. To date, an early grading
agreement has not been proposed.
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 the Developer, 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
Goal 1: The Moorpark Quality of Life is reflected in its welcoming small town feel with
easy access to essential amenities and services. Moorpark is a safe, prosperous
community that strives to offer all levels of housing choices.
In receiving the Annual Development Agreement Report for the Project, the City Council
acknowledges the importance of increasing housing stock in Moorpark. The Project will
construct 47 new single-family residences, which supports City Council Goal 1 which aims
to provide all levels of housing choices to the community.
STAFF RECOMMENDATION
1. Accept the Community Development Director’s report and recommendation that,
on the basis of substantial evidence, the Developer has complied in good faith with
the terms and conditions of the agreement; and
2. Deem the 2024 annual review process for this project complete.
Attachment: Location Map (Beltramo Ranch)
108
ATTACHMENT
Beltramo Ranch Project
Location Map
109