HomeMy WebLinkAboutAGENDA REPORT 2024 0221 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 21, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
G. Consider Report of Annual Development Agreement Review, Established in
Connection with Residential Planned Development No. 2005-02 (Everett Street
Terraces), on 2.44 Acres of Property, Located at the Intersection of Everett Street
and Walnut Canyon Road, on the Application of John Newton (on Behalf of John
C. Chiu, FLP-N). 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.G.
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. 2005-02 (Everett Street Terraces), on 2.44 Acres of Property,
Located at the Intersection of Everett Street and Walnut Canyon Road,
on the Application of John Newton (on Behalf of John C. Chiu, FLP-N)
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 21, 2022, the Moorpark City Council adopted Ordinance No. 506 (effective
October 21, 2022), approving a Development Agreement (“Agreement”) between the City
of Moorpark and John C. Chiu, FLP-N (“Owner”/”Developer”). The Agreement was
approved in connection with Residential Planned Development Permit No. 2005-02, for
the subdivision and development of 60 residential condominium units on 2.44 acres of
property (“Project”), located at the intersection of Everett Street and Walnut Canyon Road
(“Project Site”), known as Everett Street Terrace. The Agreement remains in full force
and effect for 20 years from the operative date of the Agreement, expiring on October 21,
2042.
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. John Newton (“Applicant”) submitted the necessary materials
and fee deposit for the 2024 annual review. The Community Development Director has
reviewed the submitted information, the project status, and provides the following report.
Item: 10.G.
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DISCUSSION
Current Project Status
• The Developer has not yet submitted applications for grading permits, building
permits, or final tract map.
• The Developer intends to acquire major financing for the Project in mid-2024 and
begin construction in 2025.
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 6.20, 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.
6.2 All land dedicated to the City shall be free and
clear of liens and encumbrances.
Developer has agreed to comply with the
requirement.
6.3 Payment of “Development Fees” of $10,989.20
per residential unit, to be updated annually
commencing on January 1, 2025.
Developer will pay the Development Fees for
each residence prior to issuance of a building
permit.
6.4 Payment of the “Traffic Mitigation Fee” of
$14,861.94 per residential unit to be adjusted
annually commencing January 1, 2025.
Developer will pay the Traffic Mitigation Fees
for each residence prior to issuance of a
building permit.
6.5 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.
6.6 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, 2025.
Developer will pay the Air Quality Fee for
each residence prior to issuance of a building
permit.
6.7 Payment of a one-time fee in lieu of park
dedication “Park Fees” of $12,542.02 for each
residential dwelling unit to be adjusted annually
commencing January 1, 2025.
Developer will pay the one-time Park Fee
upon the issuance of the first residential
building permit for the tract.
6.8 Payment of a “Community Services Fee” of
$3,225.09 per dwelling unit, to be adjusted
annually commencing on January 1, 2025.
Developer will pay the one-time Community
Service Fee for each residence prior to
issuance of a building permit.
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No. Requirement Status
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).
Developer will pay the one-time Art in Public
Places Fee for each residence prior to
issuance of a building permit.
6.10 Payment of all City capital improvement and
processing fees.
Developer will pay the one-time City capital
improvement development and processing
fees, 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.
6.11 Payment of all outstanding processing fees. The City’s Developer’s Account is current
and in good standing.
6.12 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.
6.13 Developer agrees to construct nine (9) low-
income affordable housing units as part of the
Project.
Developer will construct the required
affordable housing units to be sold to low-
income households.
6.14 Annual review of the Agreement and requirements
of the Mitigation Monitoring and Reporting
Program (MMRP).
Developer will abide by the section.
6.15 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.
6.16 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.
6.17 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.
6.18 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.
6.19 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.
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No. Requirement Status
6.20 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 7.7 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 agrees to work with the Developer
to acquire necessary easements should
they be required.
7.3 Agreement to process concurrently, whenever
possible, all land use entitlements for the same
property (so long as deemed complete).
The City agrees to process concurrent
applications should the Developer submit
applications at the same time. To date, no
applications for grading, building, or maps
have not been submitted.
7.4 Agreement that the Park Fee required per
Section 6.7 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.
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 due to
payment by other developer. 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.
7.7 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.
The City acknowledges that the Project is
exempt from the Hillside Management
Ordinance.
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
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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 60 new condominium residences, of which nine units would be sold to low- and
very-low-income households, 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 (Everett Street Terrace)
122
ATTACHMENT
Everett Street Terrace Project
Location Map
123