HomeMy WebLinkAboutAGENDA REPORT 2005 0706 CC REG ITEM 10HMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
ITEM 10. N
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of 7- 6 X005
ACTION: 46J7, __/t e'da
r1�iA _- . — — —
FROM: Barry K. Hogan, Community Development Director
Prepared By: Laura Stringer, Administrative Services
Manager,
DATE: June 23, 2005 (CC Meeting of 07/06/05)
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 was approved in connection with the Tract No.
5187 /RPD No. 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. has purchased the property, and as successor in interest they
are responsible for compliance with the terms of the agreement.
\ \Mor_pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \2001 -01 West Pointe \Agenda
Reports \cc 050706.doc
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Honorable City Council
July 6, 2005
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. On March 17, 2004, the City Council accepted the
Community Development Director's report and recommendation that, on
the basis of substantial evidence, William Lyon Homes, Inc. had
complied in good faith with the terms and conditions of the
Agreement, and deemed the annual review process complete for 2004.
William Lyon Homes, Inc. has submitted the necessary application
form, related materials, and fee /deposit for the 2005 annual
review. The Community Development Director has reviewed the
submitted information and the project status and provides the
following report.
DISCUSSION
Current Protect Status
• The subject property and adjacent affordable housing project
are currently being graded under an early grading agreement.
• Final Maps and improvement plans are nearing the approval
stage, and the developer is completing condition compliance
items for the Final Map.
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.
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.
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Honorable City Council
July 6, 2005
Page 3
NO.
REQUIREMENT
STATUS
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.
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.
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Honorable City Council
July 6, 2005
Page 4
NO.
REQUIREMENT
STATUS
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
If determined necessary,
recordation, confirmation
these improvements will be
from Ventura County
included in the Water Works
Waterworks District No. 1
District No. 1 improvement
that sufficient recycled
plan package and will be
water is available to serve
bonded for prior to
public and community owned
recordation of the Final
landscape areas. Design and
Map. At the present time,
construction of facilities
no connection points exist
required to deliver the
within the vicinity of the
reclaimed water to the
project.
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
Open Space Easement Grant
(a)
dedication of Lot 263, for
Deed granted to City on
permanent open space
April 27, 2004, Document
preservation purposes on the
No. 20040427 - 0113051.
first Final Map.
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Honorable City
July 6, 2005
Page 5
NO.
10.
(b)
10.
(c)
Council
REQUIREMENT
Annual Payment of ten -
thousand dollars ($10,000)
for permanent management,
maintenance, and mitigation
monitoring for open space Lot
263. The HOA shall be
responsible for this
perpetual obligation.
Grant conservation easement
to retain Lots 254, 255, 257,
258, 259, 260, 261, 262, 264
and 265 in predominantly open
space condition.
Dedication of Lot 251 to the
City for permanent open space
preservation and trail
staging area.
Prior to occupancy of the
165th residential unit the
developer shall improve the
trail staging area, provide
payment for perpetual
maintenance, and provisions
for temporary trail staging
area within "A" Street right -
of -way.
STATUS
Payment of this fee
commences concurrently with
City or other City- approved
agency acceptance of fee
title to lot 263. This fee
will be adjusted annually
using the Consumer Price
Index (CPI) in accordance
with the agreement. Future
annual payments have been
included in the HOA budget.
To be included on Final
Map.
To be included on Final
Map.
Staff is currently working
with the applicant on the
requirement for this item.
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Honorable City Council
July 6, 2005
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
and grading is underway.
occupancy of the 50th unit.
It is the developer's
Prior to occupancy of the
intent to pay the in -lieu
first residential unit, the
fee for the remaining three
developer will enter into an
(3) affordable units. This
Affordable Housing Agreement
fee will be adjusted
with the City, and pay the
annually (until paid) using
direct costs for preparation
the Consumer Price Index
of the agreement up to seven-
(CPI) in accordance with
thousand five - hundred dollars
the agreement. A deposit
($7,500).
for preparation of the
agreement has been
submitted.
The Affordable Housing
Agreement preparation
deposit has been paid.
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
The implementation plan was
Implementation Plan to
approved by the City
address requirements for
Council on July 7, 2004.
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.
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Honorable City Council
July 6, 2005
Page 7
NO.
REQUIREMENT
STATUS
15.
Agreement to cast affirmative
Developer has met with
ballots for formation of one
staff to review scope and
or more assessment districts
submittal requirements for
for maintenance of parkway
maintenance district
and median landscaping and
formation. The required
street lighting, including
fees and initial Landscape
but not limited to all water
Maintenance District
and electricity costs.
formation documents have
Agreement to form property
not yet been submitted.
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.
contribution for Drainage,
Improvement plans and
Sediment Transport and Flood
security have been
Control Planning Mitigation
completed and permits have
Measure #4.
been issued by VCWPD.
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.
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Honorable City Council
July 6, 2005
Page 8
NO.
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 (0.50) per month
and Transportation Mitigation
until paid. These fees
measures. Payment of twenty-
must be paid prior to the
thousand ($20,000) to satisfy
first residential building
Public Services and Utilities
permit.
Mitigation Measures.
22.
Acquire at sole cost and
Plans for the Walnut Canyon
expense the property needed
improvements have been
to improve Walnut Canyon
drafted, and no additional
Road.
dedication is required.
23.
Construct public trail system
Trail requirements are per
across Walnut Canyon Road
Permit Adjustment No. 2
frontage of the property to
approved November 19, 2004.
connect to the trail
constructed by Tract No. 4928
(County Club Estates).
Maintenance to be the
responsibility of the
property owners
association(s).
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.
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
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Honorable City Council
July 6, 2005
Page 9
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
An early grading agreement
City Manager to sign an early
was executed by the City
grading permit.
Manager in August 2004.
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
Open Space Easement Grant
developer to allow maximum tax
Deed was recorded April
benefits for dedication of Lot
27, 2004.
263 for public open space.
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.
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Honorable City Council
July 6, 2005
Page 10
#
REQUIREMENT
STATUS
8.
Agreement to allow for a
To date, no such request
variation of five feet (51)
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
The lot line adjustment
line adjustment to modify the
has been approved and is
common lot line between Tract
being processed for
5187 and APN 500 - 0230 -195
recordation.
(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.
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Honorable City Council
July 6, 2005
Page 11
STAFF RECOMMENDATION
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
00010'7
Y �=L NUMWEVOCOMMOMIS
CC ATTACHMENT 2
0
O
O
N
O
CD
Development Agreement .annual Reviev, .application Response
RPD 99 -01, TTM 5187
March 23, 2005
1) Report of those aspects of'tlre agreement completed prior to this ref 4e)v.
isition ol'apprnxiniate' -;1cre site liar the cOmstructiun ofaffOrdable i om> .!,
,Submittal of application, fees and required materials to entitle the afti>rdable
housing site:
o General Plan Amendment
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 Cit%
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
• We successfully entitled TTM 5405 in fulfilling the affordable housing
requirements outlined in the Development Agreement.
• Initiate Release Upon Transfer prior to the close of escrow
• Paid outstanding processing costs related to preparation of the Development
Agreement, project approvals and EIR.
• Processing and recordation of the conservation easement for the open space lot
263 per TTM 5187. Provide design and commence complete landscape and
drainage plans for lot 253 (trail staging area)
• 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
• Incorporate design of public trail system into improvement and landscape plans
submitted into plan check
• Council approval of construction implementation plan
• Execution of early grading agreement, posting of bonds and commencement of
grading operations. Conduct erosion control, implement best management
practices and maintain SWPPP manual
CC ATTACHMENT 3
000110
Report on progress made toward completion of all other aspects of'the a reemem
during period prior to this review,
• Since the last update, we have cortintied design and cneineerin" plan check
processink3 plans for offsite impro,erncnts. landscaping and tract maps for all of
Tract 5 187 and 5405
• Pay fees and request for city preparation ofAffordable housing Implementation
and Resale Restriction Plan
• Submit architectural and structural plans for affordable hcnisirt'(=' project
• Submit Lot Line Adjustment application at northern tract boundary shared v ith
Peters
• Initiate the formation of required Landscape tilaintenance District and coordinate
responsibilities with H():1 in draft CC &Rs
3) An explanation with supporting information of aspects of the agreement where rood
faith compliance has not been achieved with proposals for a corrective action to
achieve such compliance.
• None
000111