HomeMy WebLinkAboutAGENDA REPORT 2003 1105 CC REG ITEM 10HMOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
ITEM lo . 4 .
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AC T 0,
FROM: Barry K. Hogan, Community Development Directo
Prepared by Laura Stringer, Senior Managemen alyst
DATE: October 20, 2003 (CC Meeting of 11/5/03)
SUBJECT: Consider Annual Review of Development Agreement
Established in Connection with Residential Planned
Development Permit No. 97 -1, a 312 -unit Apartment Project
Located on the West side of Moorpark Avenue, South of
Park Crest Lane and North of the Arroyo Simi (Archstone
Communities /Pacific Property Company)
BACKGROUND
On June 23, 1999, the Moorpark City Council adopted Ordinance No.
259 (effective July 23, 1999), approving a Development Agreement
between the City of Moorpark and Jocelyne Abrar (Archstone
Communities). The Agreement was approved in connection with
Residential Planned Development 97 -1, a 312 -unit apartment project
(with affordable housing units) on 19.2 acres located generally
north of the Arroyo Simi and west of Moorpark Avenue. The terms of
the Agreement require that the Agreement remain in full force and
effect for five (5) years from the operative date of the Agreement,
(until July 23, 2004), or until one (1) year after the occupancy of
the three - hundred - twelfth (312th) apartment unit, whichever occurs
later. On August 29, 2003, the apartment complex was purchased by
Pacific Property Company of Palo Alto, California.
DISCUSSION
Annual review of the Development Agreement has occurred as required
by the Government Code and the Moorpark Municipal Code. The last
annual review was completed in October 2002. That review concluded
that all aspects of the project that related to the Development
Agreement had been complied with. The final occupancy of the
three - hundred - twelfth (312th) apartment unit occurred on May 30,
Honorable City Council
November 5, 2003
Page 2
2002. Outstanding Engineering "punch list" items are covered by
improvement security bonds currently on file with the City Clerk.
Under the terms of the Development Agreement and the Affordable
Housing Agreements, assumption agreements were required as a
condition of sale of the property to Pacific Property Company. An
audit of the developer trust fund was conducted, and Archstone is
processing a payment for the amount requested. Based upon the
completed status of Development Agreement related requirements for
the project, staff has determined that developer remains in
compliance with the terms of the agreement. There is one (1)
additional annual review required during 2004. The new owners,
Pacific Property Company, will be responsible for submittal of the
materials and fees for that review.
STAFF RECOMMMATION
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Archstone Communities and Pacific Property Company have
complied in good faith with the terms and conditions of the
agreement.
2. Deem the annual review process complete.
Attachments:
1. October 16, 2002, Report of Annual Review
S: \Community Development \ADMIN \AGMTS \D A \1997 -01 Archstone \Staff Reports \cc 031105.doc
0,00120
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared by Laura Stringer, Senior Management Analyst
DATE: October 1, 2002 (CC Meeting of 10/16/02)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Residential Planned
Development Permit No. 97 -1, a 312 -unit Apartment Project
Located on the West side of Moorpark Avenue, South of
Park Crest Lane and North of the Arroyo Simi (Archstone
Communities) .
BACKGROUND
Government Code Section 65864 and City of Moorpark Municipal Code
Section 15.40 provides 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 June 23, 1999 the Moorpark City Council adopted Ordinance No.
259 (effective July 23, 1999), approving a Development Agreement
between the City of Moorpark and Jocelyne Abrar (Archstone
Communities). The agreement, recorded August 27, 1999 as Document
No. 99- 162774, was approved in connection with Residential Planned
Development 97 -1, a 312 -unit apartment project (with affordable
housing units) on 19.2 acres located generally north of the Arroyo
Simi and west of Moorpark Avenue. The agreement remains in full
force and effect for five (5) years from the operative date of the
agreement (until July 23, 2004), or until one (1) year after the
occupancy of the Three Hundred Twelfth (312th) apartment unit,
whichever occurs later.
Provisions of the agreement require an annual review and report to
the City Council on the status of completion of all aspects of the
CC ATTACHMENT 1
0001.2.
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October 16, 2002
Page 2
agreement. On July 18, 2001, the City Council accepted the
Community Development Director's report and recommendation that on
the basis of substantial evidence, Archstone Communities had
complied in good faith with the terms and conditions of the
agreement, and deemed the annual review process complete for 2001.
The developer has submitted the necessary application form, related
materials, and fee /deposit for the 2002 annual review. The
Community Development Director has reviewed the submitted
information, including the project status and provides the
following report.
DISCUSSION
Project Status
Archstone Communities, the developer, has completed the following
aspects of Residential Planned Development (RPD) 97 -1:
• Project construction is complete and all units have been
released for occupancy.
• An Affordable Housing Agreement was approved by the City Council
on December 19, 2001, and has been implemented.
Developer Compliance with Terms of Agreement
Archstone Communities' development responsibilities are included in
Section 6 of the Development Agreement, and include twelve (12)
specific requirements, as summarized below. Compliance with the
terms and conditions of the Development Agreement will occur at
various stages of the development process. Where no comment appears
concerning the Development Agreement Sections identified below, no
specific activity has occurred.
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REQUIREMENT
STATUS
1.
Compliance with Development
Project construction has
Agreement, Project Approvals and
been completed.
Subsequent approvals.
2.
Dedicated lands to be free and
The developer has provided
clear of liens and encumbrances,
clear title to any
including off -site property
property required for
required for street extensions
dedications.
or improvements, and the
property for expansion of Arroyo
Simi.
S: \Community Development \ADMIN \AGMTS \D A \1997 -01 Archstone \Staff Reports \cc 031105 Attachment.doc
000122
Honorable City Council
October 16, 2002
Page 3
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REQUIREMENT
STATUS
3.
Community Services Fee at $2,845
Paid for 312 units
per unit.
($887,640) on August 17,
2000.
4.
Park Fee at $3,000 per unit.
Paid for 312 units
($936,000) on August 17,
2000.
5.
Development Fee at $2,500 per
Paid for 312 units
unit.
($780,000) on August 17,
2000.
6.
Citywide Traffic Fee at $3,000
Paid for 312 units
per unit.
($936,000) on August 17,
2000.
7.
Payment of all outstanding city
The project processing
processing and environmental
account balance is
processing costs.
current, and the $1,760
deposit for Development
Agreement - Annual Review,
was paid on September 18,
2002
8.
Waiver of rights to any density
No additional density
bonus beyond 312 units approved
bonus has been requested
for this project
or granted.
9.
Agreement to cast affirmative
vote for the formation of an
assessment district with the
power to levy assessments for
the maintenance of parkway
landscaping, street lighting
(upon Council request - parks
conferring special benefits).
10.
Guarantee Affordability of
An affordable Housing
sixty -two (62) units:
Agreement was approved by
Thirty -seven (37) lower income
City Council on December
(800 or less of Ventura County
12, 2001, and has been
median income).
implemented
Nineteen (19) very low income
(50% or less of Ventura County
median income).
Six (6) very very low income
33% or less of Ventura County
median income).
S: \Community Development \ADMIN \AGMTS \D A \1997 -01 Archstone \Staff Reports \cc 031105 Attachment.doc
000123
Honorable City Council
October 16, 2002
Page 4
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REQUIREMENT
STATUS
11.
Agreement to pay all City capital
All development and
improvement, development and
capital improvement fees
processing fees and agreement not
have been paid.
to protest fees.
12.
Design, pay plan check,
Park Lane street
administrative and inspection
improvements have been
costs, post surety, and construct
constructed.
one -half of the future ultimate
2.
width of Park Lane (street
Area of Contribution (AOC)
improvements) from current
Fee ($300,000) was paid
terminus south to the
August 17, 2000.
intersection with new east /west
3.
street to be built by the
Paid for 312 units
developer.
($156,000) on August 17,
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the
agreement and include four (4) specific provisions, as summarized
below. Where no comment appears concerning the Development
Agreement Sections identified below, no specific activity has
occurred.
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REQUIREMENT
STATUS
1.
Expedite (to the extent
Project construction has
possible) the processing of plan
been completed.
checking; excavation, grading,
building, encroachment and
street improvement permits;
certificate of occupancy,
utility connection
authorizations etc.
2.
Agreement that the Los Angeles
Area of Contribution (AOC)
Avenue Area of Contribution
Fee ($300,000) was paid
(AOC) Fee for the project shall
August 17, 2000.
be in the amount of $300,000.
3.
Agreement that the Traffic
Paid for 312 units
System Management Fee (TSM) for
($156,000) on August 17,
the project shall be in the
2000.
amount of $500 per unit.
S: \Community Development \ADMIN \AGMTS \D A \1997 -01 Archstone \Staff Reports \cc 031105 Attachment.doc
000124
Honorable City Council
October 16, 2002
Page 5
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 Archstone Communities has, to date, complied in good
faith with the terms and conditions of the agreement.
STAFF RECOMMENDATION
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Archstone Communities has complied in good faith with the
terms and conditions of the agreement.
2. Deem the annual review process complete.
Attachments:
1. Location Map
2. Site Plan
3. Letter from Archstone dated September 16, 2002
4. Development Agreement
S: \Community Development \ADMIN \AGMTS \D A \1997 -01 AYChStone \Staff Reports \cc 031105 Attachment.doc
000125
#
REQUIREMENT
STATUS
4.
Agreement to allow certain
modifications to the City Zoning
Code and development standards,
including parking ratios,
encroachments into required
setbacks, project density,
required number of covered
parking spaces.
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 Archstone Communities has, to date, complied in good
faith with the terms and conditions of the agreement.
STAFF RECOMMENDATION
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Archstone Communities has complied in good faith with the
terms and conditions of the agreement.
2. Deem the annual review process complete.
Attachments:
1. Location Map
2. Site Plan
3. Letter from Archstone dated September 16, 2002
4. Development Agreement
S: \Community Development \ADMIN \AGMTS \D A \1997 -01 AYChStone \Staff Reports \cc 031105 Attachment.doc
000125