HomeMy WebLinkAboutAGENDA REPORT 2024 0417 CCSA REG ITEM 10DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 17, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY B.Garza.
D.Consider Report of Annual Development Agreement Review, Established in
Connection with Residential Planned Development No. 2016-01 (Pacific
Communities), Located South of Los Angeles Avenue, East of Maureen Lane, and
West of Leta Yancy Road, on the Application of MP Group, LLC, Moorpark Homes,
LLC, and CLP Investment, LLC. Staff Recommendation: 1) Accept the Community
Development Director’s report and recommendation that, on the basis of
substantial evidence, MP Group, LLC, Moorpark Homes, LLC, and CLP
Investment, LLC 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: Shanna Farley, Principal Planner)
Item: 10.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, AICP, Community Development Director
BY: Shanna Farley, Principal Planner
DATE: 04/17/2024 Regular Meeting
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Residential Planned Development No.
2016-01 (Pacific Communities), Located South of Los Angeles
Avenue, East of Maureen Lane, and West of Leta Yancy Road, on the
Application of MP Group, LLC, Moorpark Homes, LLC, and CLP
Investment, 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 October 4, 2017, the Moorpark City Council adopted Ordinance No. 454, approving a
Development Agreement (“DA”) between the City of Moorpark and MP Group, LLC,
Moorpark Homes, LLC, and CLP Investment, LLC. The Agreement was approved in
connection with Residential Planned Development Permit No. 2016-01, allowing the
construction of 284 homes consisting of 153 single family residences and 131 detached
condominium residences located on 37.09 acres south of Los Angeles Avenue, east of
Maureen Lane, and west of Leta Yancy Road known as Pacific Communities (“Project”).
The Agreement remains in full force and effect for 20 years from the operative date of the
Agreement, expiring on October 4, 2037.
On April 25, 2023, Pacific Community Builders, Inc. (“Applicant”) applied for the First
Amendment to the Development Agreement and for amendments to Conditions of
Approval associated with Residential Planned Development Permit No. 2016-01. The
request includes a request to pay an affordable housing in lieu fee of $4,186,000 instead
of constructing 25 affordable housing units available to low-income households. The
Item: 10.D.
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Applicant also requested to phase the tract map over five phases, rather than to record
one final tract map. The request also includes numerous amendments to the
Development Agreement and Conditions of Approval to address the requested changes
for affordable housing, phasing of the tract map and to clarify other terms. Lastly, the
request would also extend the term of the entitlement to align with the Development
Agreement, to expire on October 4, 2037. This report addresses the existing
Development Agreement, prior to any action on the first amendment.
DISCUSSION
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. The Community Development Director has
reviewed the submitted information, the project status, and provides the following report.
Current Project Status
• The Applicant has requested a Development Agreement Amendment and
amendments to Conditions of Approval, as outlined below:
o To pay an affordable housing in lieu fee of $4,186,000 instead of
constructing 25 affordable housing units for low-income households.
The request is scheduled to be considered on April 17, 2024, by the City
Council.
o To phase the Final Maps for the project to occur over five phases. The
request is scheduled to be considered on April 17, 2024, by the City
Council.
o Various clarifications to terms of Development Agreement and
Conditions of Approval to address affordable housing in lieu fee, phasing
of the final maps, clarifications and updates of terms, and extension of
the Projects entitlements to align with the Development Agreement term
which expires on October 4, 2037.
• The developer is currently working with the following agencies on various plan
reviews and approvals:
o Ventura County Waterworks District – Water and Sewer Plans
o Ventura County Watershed Protection District – Rough Grading Plans
for retention basins, Moorpark Storm Drain Plans, Hydrology and
Hydraulic Reports (onsite and offsite)
o Caltrans – Encroachment Permit for Los Angeles Avenue improvements
o Southern California Edison
o Southern California Gas
o Ventura County Fire Department; and
o Ventura County Environmental Health Division
• Final Maps for Phase 1 and 4 were last reviewed by the Public Works
Department on May 16, 2019.
• Grading plans are currently in review by the Public Works Department, with the
most recent submittal on June 2, 2023.
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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 6.26, 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 applicable
Mitigation Monitoring Program to-date.
6.2 All lands and interests in land shall be dedicated
free and clear of liens and encumbrances.
Developer has agreed to comply with the
requirement.
6.3 Payment of “Development Fees” of $9,200 per
residential unit, to be updated annually
commencing on January 1, 2019.
Developer will pay the Development Fees for
each residence prior to issuance of a building
permit.
6.4 Payment of the “Citywide Traffic Fee” of
$12,500.00 per residential unit to be adjusted
annually commencing January 1, 2019.
Developer will pay the Citywide Traffic Fee for
each residence prior to issuance of a building
permit.
6.5 Payment of Los Angeles Avenue Area of
Contribution (LAAOC) Fee.
Developer will pay the LAAOC Fee for each
residence prior to issuance of a building permit.
6.6 MMRP requires the developer to pay a one-time
“Air Quality Fee". The Air Quality Fee shall be
$1,709.00 per dwelling unit to be adjusted annually
commencing January 1, 2019.
Developer will pay the Air Quality Fee for each
residence prior to issuance of a building permit.
6.7 Payment of a fee in lieu of park dedication “Park
Fee” of $10,500.00 for each dwelling unit within the
Property, to be adjusted annually commencing
January 1, 2019.
Developer will pay the Park Fee for each
residence prior to issuance of a building permit.
6.8 Payment of a “Community Services Fee” of
$2,700.00 per dwelling unit, to be adjusted
annually commencing on January 1, 2019.
Developer will pay the Community Service Fee
for each residence prior to issuance of a building
permit.
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 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.
The 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.
6.11 Payment of all outstanding processing fees. The City’s Developer Account is current and in
good standing.
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No. Requirement Status
6.12 File a final map for the Project, and pay the City a
$5,000.00 Landscape Maintenance District (LMD)
Formation Fee.
Developer will work with the City to form a LMD
for the maintenance of areas related to the
project.
6.13 Provide a total of twenty-five (25) affordable
housing units in accordance with the agreement.
Pay the direct costs for preparation of the
affordable housing agreement up to ten thousand
dollars ($10,000.00).
This obligation has not yet been triggered. On
April 17, 2024, the City Council will consider the
request to pay an affordable housing in lieu fee
of $4,186,000 instead of the construction of the
25 affordable housing units and make related
amendments to the DA and Conditions of
Approval.
6.14 Pay the City for the purchase price of $1,500,000
or the appraised fair market value whichever is
less, (the "Purchase Price") an approximate
1.6-acre parcel of land.
The Developer agrees to the terms of this
requirement.
6.15 Annual review of the DA and requirements of the
MMRP.
Developer is in compliance with all requirements
at this time.
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.
No off-site property has been identified for the
action of eminent domain to date.
6.17 The street improvements shall meet current design
standards.
The Developer agrees to the terms of this
requirement.
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.
The Developer agrees to ensure that the final
map meets the requirements of the DA and
Project conditions of approval prior to
recordation.
6.19 Agreement to pay any fees and payments
pursuant to this Agreement without reservation.
The Developer is in compliance with all
requirements at this time.
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.
The CPI is still available and used by all
governmental agencies.
6.21 Developer agrees that if a Mello-Roos Community
Facilities District (CFD) is formed, the developer
will work with the City to form the CFD and pay
associated costs.
The Developer will provide deposits in case a
CFD is to be formed.
6.22 If a traffic signal is warranted, the Developer
agrees to fund its installation.
The Developer is investigating the potential
installation of a traffic signal and other
associated roadway improvements.
6.23 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.
6.24 Developer agrees that the approving entitlements
and DA may expire or later be amended by the City
Council.
The Developer is in compliance with all
requirements at this time.
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No. Requirement Status
6.25 Developer agrees to form a Homeowner’s
Association (HOA).
The Developer agrees to form HOAs for the
Project.
6.26 Developer agrees to pay City $1,915,114 to
reimburse City for the cost of the improvements to
Los Angeles Avenue along the frontage of the
Project. Los Angeles Avenue Reimbursement
Payment, which shall be paid in $6,744.00,
(“Reimbursement Fee”), for each unit. The fee
shall be adjusted annually starting January 1,
2019.
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 7.11 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 Developer agrees to the content of this
section.
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 Developer agrees to the content of this
section.
7.3 City agrees that upon receipt of a landowner petition
by Developer and Developer's payment of a deposit
of fifteen thousand ($15,000.00) and agreement to
reimburse all City costs related to processing of the
proposed Mello-Roos Community Facilities District
(CFD).
The City agrees to work with the Developer to
reimburse all City costs related to the
processing of the proposed Mello-Roos CFD.
7.4 Agreement to process concurrently, whenever
possible, all land use entitlements for the same
property (so long as deemed complete).
The City has and will actively and concurrently
review grading and building permit applications
for the Project.
7.5 Agreement that Park Fee required per Section 6.7
meets obligation for park land dedication provisions
of state law and local codes.
The Developer agrees to the content of this
section.
7.6 City agrees that Developer previously paid the
LAAOC fee for eighty-seven (87) residential
dwelling units in the amount of $241,135.29 on
August 3, 2001 and said payments satisfies the
LAAOC fee obligation for the first eighty-seven (87)
residential units of the Project.
The City acknowledges that the Applicant has
previously paid the LAAOC fee for 87
residential units and is not obligated to pay the
fee for the first 87 residential units.
7.7 Agreement to facilitate reimbursement to Developer
of any costs incurred to be subject to partial
reimbursement from other developers.
The Developer agrees to the content of this
section.
7.8 The City Manager is authorized to sign an Early
Grading Agreement on behalf of the City.
The Developer agrees to the content of this
section.
7.9 Provided Developer shall have duly executed and
delivered the Purchase and Sale Agreement to City,
City shall enter into the Purchase and Sale
Agreement to acquire the City Site.
The Developer agrees to the content of this
section.
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No. Requirement Status
7.10 City agrees that the previous Development
Agreement No. 1998-02 for the Property, approved
by the City Council by Ordinance No. 257 are both
rescinded upon the Operative Date of this
Agreement. City further agrees that the approval of
Residential Planned Development Permit No. 1996-
01 and 1999-04 approved by the City Council have
expired due to lack of Project inauguration by
Developer.
The Developer agrees to the content of this
section.
7.11 City agrees for purposes of Subsection 6.13(t) of
this Agreement that Cathay Bank is not considered
an affiliate of Developer. City at its sole discretion
may select lenders, escrow, title and other service
providers for the sale of the affordable units in the
Project.
The Developer agrees to the content of this
section.
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 MP Group, LLC, Moorpark Homes, LLC, and CLP
Investment, 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 of the City Council.
STAFF RECOMMENDATION
1. Accept the Community Development Director’s report and recommendation that,
on the basis of substantial evidence, MP Group, LLC, Moorpark Homes, LLC, and
CLP Investment, LLC 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: Project Site Map
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ATTACHMENT
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