HomeMy WebLinkAboutAGENDA REPORT 2004 0317 CC REG ITEM 10CMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
ITEM 10. G.
FROM: Barry K. Hogan, Community Development Dire ;;11Z Prepared By: Laura Stringer, Senior Manag alyst
DATE: February 20, 2004 (CC Meeting of 03/17/04) p
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with West Pointe Homes, Located
on the West Side of Walnut Canyon Road, Approximately
3,500 feet North of Casey Road, on the Application of
William Lyon Homes, 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 February 6, 2002, the Moorpark City Council adopted Ordinance
No. 277 (effective March 8, 2002), approving a Development
Agreement between the City of Moorpark and West Pointe Homes, Inc.
The agreement, recorded February 13, 2003, as Document No. 2002-
0035903-00, was approved in connection with the Tract No. 5187 /RPD
1999 -02 a 250 single- family residential development on a portion of
a 350 -acre site located on the west side of Walnut Canyon Road,
approximately 3,500 feet north of Casey Road. The agreement
remains in full force and effect for twenty (20) years from the
operative date of the agreement (until March 8, 2022), or until the
close of escrow on the initial sale of the last Affordable Housing
Unit, whichever occurs last. William Lyon Homes, Inc. is
purchasing the property subject to the Development Agreement, and
as successor in interest they will be responsible for compliance
with the terms of the agreement.
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Honorable City Council
March 17, 2004
Page 2
Provisions of the agreement require an annual review and report to
the City Council on the status of completion of all aspects of the
agreement. William Lyon Homes, Inc. has submitted the necessary
application form, related materials, and fee /deposit. The
Community Development Director has reviewed the submitted
information and the project status and provides the following
report.
DISCUSSION
Current Project Status
The developer has completed the following aspects of Tract 5187/RPD
1999 -02:
• Acquisition of a site for construction and approved
entitlement applications for 17 affordable single family
units.
• Retention of professional engineers and consultants to prepare
and process the plans and permits required for the project.
• Initiation of coordination with permitting agencies, including
City of Moorpark, Caltrans, Ventura County Waterworks District
No. 1 and Ventura County Watershed Protection District.
Caltrans and the Watershed Protection District have issued
permits for the required improvements.
• Offsite improvement plans and common area landscaping plans
submitted for plan check for Tract 5187 and Tract 5405
(Affordable Units). Landscaping for street medians and
environmental mitigation areas has been approved.
• Release upon transfer per Section 3.2 has been initiated and
an assumption agreement is currently being reviewed by staff.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the
Development Agreement and include twenty -six (26) specific
requirements, as summarized below. Compliance with the terms and
conditions of the Development Agreement will occur at various
stages of the development process. Action by the developer and
other clarifying information has been noted.
U0 ()059
Honorable City Council
March 17, 2004
Page 3
NO.
REQUIREMENT
STATUS
1.
Developer shall comply with
Developer is in compliance
the Agreement, subsequent
with all requirements at
project approvals and
this time.
Mitigation Monitoring
Program.
2.
All lands and interests in
To be granted at Final Map
land shall be dedicated free
approval.
and clear of liens and
encumbrances.
3.
Payment of "Development Fees"
These fees will be adjusted
of seven thousand, eight-
annually (until paid) using
hundred -fifty dollars
the Consumer Price Index
($7,850) per residential unit
(CPI) in accordance with
and thirty- five - thousand
the agreement. Fees must be
three - hundred twenty -five
paid prior to issuance of
dollars ($35,325) per gross
Zoning Clearance for
acre of institutional land.
Building Permit. No
Building Permits have been
issued.
4.
Payment of "Citywide Traffic
These fees will be adjusted
Fees" of four - thousand four-
annually (until paid) using
hundred twenty dollars
the State Highway Bid Price
($4,420) per residential unit
Index in accordance with
and nineteen - thousand eighty
the agreement. Fees must
dollars ($19,080) per acre of
be paid prior to issuance
institutional land.
of Zoning Clearance for
Building Permit. No
Building Permits have been
issued.
5.
Payment of "Community Service
These fees will be adjusted
Fees" of two- thousand thirty
annually (until paid) using
dollars ($2,030) per
the Consumer Price Index
residential unit and two
(CPI) in accordance with
thousand, six - thousand four-
the agreement. Fees must be
hundred twenty -eight dollars
paid prior to issuance of
($6,428) per gross acre of
Zoning Clearance for
institutional land.
Building Permit. No
Building Permits have been
issued.
0000 GO
Honorable City Council
March 17, 2004
Page 4
NO.
REQUIREMENT
STATUS
6.
Payment of all outstanding
This is an ongoing
processing costs.
requirement. At this time
the developer is current
with all processing costs,
including submittal of
Annual Review Application
and deposit for Development
Agreement - Annual Review.
7.
Payment of a fee in lieu of
These fees will be adjusted
park dedication "Park Fee" of
annually (until paid) using
nine - thousand dollars
the Consumer Price Index
($9,000) per residential unit
(CPI) in accordance with
and fifty cents ($0.50) per
the agreement. Fees must be
square foot of each building
paid prior to issuance of
used for institutional
Zoning Clearance for
purposes.
Building Permit. No
Building Permits have been
issued.
8.
Prior to Final Map
The necessary reclaimed
recordation, confirmation
water facilities are to be
from Ventura County
installed, and in use prior
Waterworks District No. 1
to the first occupancy
that sufficient recycled
approval of each phase.
water is available to serve
public and community owned
landscape areas. Design and
construction of facilities
required to deliver the
reclaimed water to the
project, and payment of any
connection /meter fees
required by the District.
9.
Greenbelts, open space areas,
To be recorded with the
landscape areas and trails
Final Map for each phase.
(not covered by any other
section) shall be dedicated
to the City, or one or more
property owners associations
as determined by the City.
10.
Irrevocable offer of
To be included with the
(a)
dedication of Lot 263, for
Final Map for first phase.
permanent open space
preservation purposes on the
The developer has initiated
first Final Map.
the process to determine
the format for this
dedication.
000061-
Honorable City Council
March 17, 2004
Page 5
NO.
REQUIREMENT
STATUS
10.
Annual Payment of ten-
Payment of this fee
(b)
thousand dollars ($10,000)
commences concurrently with
for permanent management,
City or other City- approved
maintenance, and mitigation
agency acceptance of fee
monitoring for open space Lot
title to lot 263. This fee
263. The HOA shall be
will be adjusted annually
responsible for this
using the Consumer Price
perpetual obligation.
Index (CPI) in accordance
with the agreement.
10.
Grant conservation easement
To be granted at Final Map
(c)
to retain Lots 254, 255, 257,
approval.
258, 259, 260, 261, 262, 264
and 265 in predominantly open
The developer has initiated
space condition.
the process to determine
the format for these
Dedication of Lot 251 to the
dedications.
City for permanent open space
preservation and trail
staging area.
Prior to occupancy of the
165th residential unit the
developer shall improve the
trail staffing area, provide
payment for perpetual
maintenance, and provisions
for temporary trail staging
area within "A" Street right -
of -way.
OOOOC2
Honorable City Council
March 17, 2004
Page 6
NO.
REQUIREMENT
STATUS
11.
Provide a total of twenty
Entitlement permits have
(20) affordable housing units
been approved for seventeen
in accordance with the
(17) affordable units to be
agreement. Payment of an in-
located southerly of the
lieu fee of seventy- thousand
subject development.
($70,000) for each unit less
Improvement plans have been
than the required twenty (20)
submitted for plan check.
shall be paid prior to
to
occupancy of the 50 unit.
It is the developer's
intent to pay the in -lieu
Prior to occupancy of the
fee for the remaining three
first residential unit, the
(3) affordable units. This
developer will enter into an
fee will be adjusted
Affordable Housing Agreement
annually (until paid) using
with the City, and pay the
the Consumer Price Index
direct costs for preparation
(CPI) in accordance with
of the agreement up to seven-
the agreement. A deposit
thousand five - hundred dollars
for preparation of the
($7,500).
agreement has been
submitted.
12.
Pay Air Quality Fee in the
These fees will be adjusted
amount of one - thousand four-
annually (until paid) using
hundred forty -four dollars
the Consumer Price Index
($1,444) per residential
(CPI) in accordance with
unit, and for institutional
the agreement. Fees must be
uses at a rate calculated by
paid prior to issuance of
the Community Development
Zoning Clearance for
Department.
Building Permit. No
Building Permits have been
issued.
13.
Submittal and approval of an
A draft plan has been
Implementation Plan to
submitted and is currently
address requirements for
being reviewed by staff.
phasing and construction
responsibilities.
14.
Waiver of any density bonus
Applicant has not requested
rights that would increase
density bonus units.
the number of dwelling units
approved to be constructed on
the property.
OOOOG3
Honorable City Council
March 17, 2004
Page 7
NO.
REQUIREMENT
STATUS
15.
Agreement to cast affirmative
Process to form assessment
ballots for formation of one
districts has not yet
or more assessment districts
begun.
for maintenance of parkway
and median landscaping and
street lighting, including
but not limited to all water
and electricity costs.
Agreement to form property
owners association(s) to
provide landscape, street
lighting and park (if
necessary) open space land,
trails drainage facilities
maintenance and compliance
with NPDES requirements.
16.
Payment of all City capital
Developer is in compliance
improvement and processing
with all requirements at
fees.
this time. Fund review
ongoing.
17.
Payment of Los Angeles Avenue
Fees must be paid prior to
Area of Contribution (AOC)
issuance of Zoning
Fee.
Clearance for Building
Permit. No Building Permits
have been issued.
18.
Construction of regional
Basin is shown on Tract
flood control basin (Lot 259)
Map, with capacity verified
per Walnut /Gabbert Deficiency
by Ventura County Watershed
Study, in lieu of pro rata
Protection District. To be
contribution for Drainage,
included with project
Sediment Transport and Flood
improvement plans and
Control Planning Mitigation
securities.
Measure #4.
19.
Payment of seventy- thousand
Must be paid prior to
dollars ($70,000) to satisfy
approval of first Final
Final EIR Biological and
Map.
Botanical Resources
Mitigation Measures.
20.
Construct "A" Street from "E"
To be included with project
Street to southern boundary
improvement plans and
prior to occupancy of 165th
securities.
residential unit, including
all plan check and inspection
costs, and improvement
surety.
000064
Honorable City Council
March 17, 2004
Page 8
NO.
I REQUIREMENT
STATUS
21.
Payment of three - hundred-
Effective March 1, 2005,
thousand dollars ($300,000)
the $300,000 fee shall
to satisfy Mitigation
increase by one -half of one
Monitoring Program Traffic
percent (0.5 %) per month
and Transportation Mitigation
until paid.
measures. Payment of twenty -
thousand ($20,000) to satisfy
Public Services and Utilities
Mitigation Measures.
22.
Acquire at sole cost and
Improvement plans for the
expense the property needed
Walnut Canyon Improvements
to improve Walnut Canyon
have been drafted, and the
Road.
required property to be
acquired has been
identified.
23.
Construct public trail system
Trail connections are shown
across Walnut Canyon Road
on the Tract map.
frontage of the property to
Verification of trail
connect to the trail
connections and alignments
constructed by Tract No. 4928
will take place prior to
(County Club Estates).
Final Map approval. Trail
Maintenance to be the
system design has been
responsibility of the
incorporated into
property owners
improvement and landscape
association(s).
plans that were submitted
for plan check.
24.
Agreement to pay any fees and
Developer is in compliance
payments pursuant to this
with all requirements at
Agreement without
this time.
reservation.
25.
Agreement to comply with
To date, the applicant has
requirements for annual
complied with review
review of the Agreement
requests and Mitigation
including evaluation of
Monitoring Program
Mitigation Monitoring
requirements.
Program.
26.
Agreement to install
On February 18, 2004, City
photovoltaic system for each
Council adopted standards
residential dwelling unit, so
which provide for voluntary
long as City adopts a policy
installation of
and standards prior to
photovoltaic systems.
January 31, 2004 or approval
of the first phase of the
Final Map, whichever is
later.
000065
Honorable City Council
March 17, 2004
Page 9
All requirements of the Development Agreement will be considered in
the City's review and approval process for all aspects of the
development; including but not limited to, subsequent entitlement
requests, public and private improvements, Final Maps, and building
permits.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the
agreement and include eleven (11) specific provisions, as
summarized below.
#
REQUIREMENT
STATUS
1.
Agreement to commit reasonable
To date, City has complied
time and resources on
with any such requests.
expedited and parallel
processing of application for
subsequent applications.
2.
If requested, at the
To date, no such request
developers cost, proceed to
has been received.
acquire easements or fee title
to land in order to allow
construction of required
public improvements.
3.
Agreement to authorize the
To date, no such request
City Manager to sign an early
has been received.
grading permit.
4.
Agreement to process
Entitlement applications
concurrently, whenever
for the affordable housing
possible, all land use
project were processed
entitlements for the same
concurrently.
property (so long as deemed
complete).
5.
Agreement that Park Fee
To date, City has
required per section 6.7 meets
complied.
obligation for park land
dedication provisions of state
law and local codes.
6.
Agreement to cooperate with
The developer has
developer to allow maximum tax
initiated the process to
benefits for dedication of Lot
determine the format for
263 for public open space.
this dedication.
7.
Agreement to appoint
The Senior Management
affordable housing staff
Analyst in the Assistant
person to oversee the
City Manager's Office
implementation of affordable
oversees affordable
housing requirements.
housing requirements.
OOOOG6
Honorable City Council
March 17, 2004
Page 10
#
REQUIREMENT
STATUS
8.
Agreement to allow for a
To date, no such request
variation of five feet (5')
has been received.
maximum in the grades as shown
on the Grading Plan exhibit,
subject to approval of the
Community Development
Director /City Council that the
overall design and visual
quality would not be
significantly affected.
9.
Agreement to facilitate
To date, no such request
reimbursement to developer of
has been received.
any costs incurred that be
subject to partial
reimbursement from other
developers.
10.
Agreement to process a lot
To date, no such request
line adjustment to modify the
has been received.
common lot line between Tract
5187 and APN 500- 0230 -195
(Peters' parcel) to increase
Peters' parcel to ten (10)
gross acres, not to exceed
eight- thousand eight hundred
(8,800) square feet. The lot
line adjustment must be filed
prior to approval of the first
final map.
11.
Agreement that affordable unit
These fees have been
Development Fee shall be
included in Conditions of
three - thousand dollars
Approval of the affordable
($3,000) per unit; Park Fee
housing development. A
shall be three - thousand six-
request for 17 affordable
hundred dollars ($3,600) per
units has been approved
unit, and Air Quality Fee
and is currently in plan
shall be five - hundred dollars
check.
($500) per unit.
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 William Lyon Homes has, to date, complied in good
faith with the terms and conditions of the agreement.
000067
Honorable City Council
March 17, 2004
Page 11
STAFF RECObMNDATION
1. Accept the Community Development Director's Report and
recommendation, and find, on the basis of substantial
evidence, that William Lyon Homes, Inc. 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. Narrative prepared by William Lyon Homes
OOC. OGS
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NORTH
CC ATTACHMENT 1
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CC ATTACHMENT 2
IV
TIN
Ow
NTATIVE TRACT
No. 5187
tires
cap-
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CC ATTACHMENT 2
IV
TIN
Ow
NTATIVE TRACT
No. 5187
Development Agreement Annual Review Application Response
RPD 99 -01, TTM 5187
January 21, 2004
1) Report of those aspects of the agreement completed prior to this review.
Acquisition of an approximate 2 -Acre site for the construction of affordable
homes
Submittal of application, fees and required materials to entitle the affordable
housing site:
o General Plan Amendment
o Zone Change
o RPD Permit
o Tentative Tract Map
William Lyon Homes, Inc. has enlisted the services of professional engineers and
consultants to conduct the development of the project in timeframes compliant
with the Development Agreement.
We have met with several agencies in conducting this work that includes the City
of Moorpark, Cal Trans, Ventura County Watershed Protection Agency (formerly,
VCFCD) and Water Works District No. 1. All work is being conducted to
comply with requirements of the Development Agreement and the Conditions of
Approval for TTM 5187.
2) Report on progress made toward completion of all other aspects of the agreement
during period prior to this review.
Since the last update, we have designed and submitted into plan check plans for offsite
improvements and common area and mitigation landscaping for all of Tract 5187 and
5405.
We successfully entitled TTM 5405 in fulfilling the affordable housing requirements
outlined in the Development Agreement.
3.2 Initiate release upon transfer prior to escrow closing.
6.6 Paid outstanding processing costs related to preparation of the
Development Agreement, project approvals and EIR.
6.10 a) Initiate process to determine format of the dedication of Lot 263.
b) Provide design and commence preparation of construction drawings
for lot 253 (trail staging area).
6.11 Obtain approval GPA, ZC, RPD and TTM by Planning Commission and
City Council for the affordable housing site (TTM 5405). Submit all final
map and improvement plans into plan check in October, 2003.
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6.18 Obtain interim encroachment permit of the regional flood control basin
(lot 259) as well as storm drain facilities in Walnut Canyon Road.
6.23 Incorporate design of public trail system into improvement and landscape
plans submitted into plan check.
3) An explanation with supporting information of aspects of the agreement where good
faith compliance has not been achieved with proposals for a corrective action to
achieve such compliance.
• None
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