HomeMy WebLinkAboutAGENDA REPORT 2025 0305 CC REG ITEM 10GCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 5, 2025
ACTION APPROVED STAFF
RECOMMENDATIONS.
BY A. Hurtado.
G. Receive 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)
Receive 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 2025 annual review
process for this project complete. (Staff: Philip Neumann, Senior Planner)
Item: 10.G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, Community Development Director
BY: Philip Neumann, Senior Planner
DATE: 03/05/2025 Regular Meeting
SUBJECT: Receive 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.
On December 14, 2023, the Project and the Project Site was acquired from Warmington
Residential California, Inc. by KB HOME Greater Los Angeles, Inc. (“KB HOME” /
“Developer”). An Assignment of Development Agreement was recorded with the County
of Ventura on June 18, 2024.
Item: 10.G.
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The Development 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 second annual
review of this Development Agreement. Nancy Johns with Wildflower Development
submitted the necessary materials for the 2025 annual review on behalf of KB Homes.
The Community Development Director has reviewed the submitted information, the
project status, and provides the following report.
DISCUSSION
On-site work has progressed since late summer of 2024 after receiving the grading permit
in August. Rough grading was completed about the third week of October, leading to the
construction of the perimeter walls to begin after the permit was pulled on October 22 ,
2024. Since that time, the Developer has pulled building permits and begun construction
on the construction trailer, model homes on Lots 45 and 47, and the sales office within
the model home’s garage on Lot 45. Additionally, encroachment work with the California
Department of Transportation (Caltrans) on Los Angeles Avenue was completed at the
end of November 2024, with the inspection and permit sign-off occurring in early January
2025. The permit will be finalized upon payment of the final invoice.
The Developer continues to move forward with additional approvals and permits. The
project has received approval from Ventura County Waterworks District for the project’s
water and sewer plans, while Southern California Edison (SCE) provided the final designs
for Rule 20 (R20), the undergrounding plan for the existing power poles, and Rule 15
(R15), the design for onsite electrical services, which will enable the Developer to remove
the existing power poles to be undergrounded and install dry utilities for the project. The
Developer submitted for building permits for phases one and two, which includes a total
of eight single-family residences (lots 30 – 37). Those permits are expected to be issued
in February 2025. Building permits for the remaining phases (phases three through 10)
are expected to be pulled throughout the year, with phases nine and 10 occurring in
October 2025. Additionally, the Developer has site improvement plans in review with the
City, which include landscaping and exterior lighting. The Developer is also currently
working with outside agencies such as the Ventura County Fire Department and the
Ventura County Assessor’s Office to complete additional reviews and approvals. The
Final Map is currently in plan check with the County of Ventura.
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.
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03/05/2025 Regular Meeting
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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. The nesting bird survey
was completed in February 2024.
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. Developer has completed payment of
the Development Fee on Lots 45 and 47.
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. Developer has completed payment of
the Traffic Mitigation Fee on Lots 45 and 47.
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. Developer
has completed payment of Los Angeles Avenue
Area of Contribution Fee on Lots 45 and 47.
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. Developer has completed payment of
the Air Quality Fee on Lots 45 and 47.
6.6 Payment of a fee in lieu of park dedication
“Park Fees” of $697,868.87 for the project to
be adjusted annually commencing January 1,
2024.
Developer paid the Park Fee on October 30,
2024.
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 has completed payment of the
Community Services Fee on Lots 45 and 47.
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 has completed payment of the Art in
Public Places Fee on Lots 45 and 47.
6.9 Payment of all City capital improvement and
processing fees.
Developer will pay the 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. Developer has
completed payment of capital improvement fees
on Lots 45 and 47.
6.10 Payment of all outstanding processing fees. The Developer’s Account is current and in
good standing.
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No. Requirement Status
6.11 Formation of a Community Facility District
(CFD)
The Developer has provided the deposit for
the City’s consultant to prepare the CFD,
which is expected to be completed Spring of
2025.
6.12 Payment of a 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 paid the Affordable Housing Fee
on October 30, 2024.
6.13 Annual review of the DA and requirements of
the Mitigation Monitoring and Reporting
Program (MMRP).
Developer has complied with this section to
date.
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 Homeowners
Association (HOA) prior to the recordation of
the first final map.
The HOA was formed in January 2024.
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.
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03/05/2025 Regular Meeting
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No. Requirement Status
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 Council approved a grant of
easement to Ventura County Waterworks
District No. 1 for construction and
maintenance of a water line and sanitary
sewer connection at Glenwood Park on
November 6, 2024. The easement has been
recorded with Ventura County. The Consent
to Enter and Consent to Construct with KB
Homes has been executed.
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,
paid on October 30, 2024, met 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 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. A grading permit was pulled
on August 19, 2024.
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.
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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. Receive 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 2025 annual review process for this project complete.
Attachment: Location Map (Beltramo Ranch)
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ATTACHMENT
Beltramo Ranch Project
Location Map
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