HomeMy WebLinkAboutAGENDA REPORT 2005 0921 CC REG ITEM 10LMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10 • L--
CI'T'Y OF MOORPARK, CALIFORNIA
City Council Meeting
of 9- a -aaas
ACTION: 1'&d ,t2�itLy
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TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared by Laura Stringer, Administrati a Services
Manager
DATE: September 6, 2005 (CC Meeting of 9/21/05)
SUBJECT: Consider Annual Review of Development Agreement
Established in Connection with Residential Planned
Development Permit No. 2001 -02, a 190 -unit Senior
Apartment Project Located at the Terminus of Park Lane,
South of Park Crest Lane and North of the Arroyo Simi
(Vintage Crest Senior Apartments, L.P. /USA Properties)
BACKGROUND
Government Code Section 65864 and Section 15.40.150 of the
Municipal Code provide for Development Agreements between the City
and property owners in connection with proposed plans for
development of 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. The
Municipal Code also requires the Developer to file an application
with the Community Development Director requesting the annual
review of the Agreement.
On September 18, 2002, the Moorpark City Council adopted Ordinance
No. 285 (effective October 18, 2002), approving a Development
Agreement with Vintage Crest Senior Apartments, L.P. (USA
Properties). The Agreement was approved in connection with
Residential Planned Development No. 2001 -02, a 190 -unit, one -
hundred percent (1000) affordable senior apartment project, located
generally north of the Arroyo Simi at the intersection of Park Lane
and Park Crest Lane. 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 October 18, 2007) or
until one (1) year after the occupancy of the one - hundred - ninetieth
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Honorable City Council
September 21, 2005
Page 2
(190th) apartment unit, whichever occurs later. The last review of
the Development Agreement was completed December 3, 2003.
DISCUSSION
Project Status
• Construction of the project has been completed and all units
have been cleared for occupancy. All but three units have at
one time been rented /leased, but due to normal tenant
turnover, several units routinely remain vacant during the
application review process.
Developer Compliance with Terms of Agreement
The Developer's responsibilities are included in Section 6 of the
agreement and include seventeen (17) specific provisions, as
summarized below.
#
REQUIREMENT
STATUS
1.
Compliance with Development
To date, developer is in
Agreement, Project Approvals
compliance with this
and Subsequent approvals.
aspect of the agreement.
2.
Dedicated lands to be free and
Required off -site
clear of liens and
properties were acquired
encumbrances.
and improvements
completed.
3.
Community Services Fee at
Paid for 190 units
$2,700 per unit.
($513,000.00) on April
11, 2003.
4.
Park Fee at $2,000 per unit.
Paid for 190 units
($380,000.00) on April
11, 2003.
5.
Development Fee at $2,750 per
Paid for 190 units
unit.
($522,500.00) on April
11, 2003.
6.
Citywide Traffic Fee at $800
Paid for 190 units
per unit.
($152,000.00) on April
11, 2003.
7.
Payment of all outstanding city
Staff is working with the
processing and environmental
developer on
processing costs.
reconciliation of the
developer deposit
account. The $2,000.00
deposit for Development
Agreement - Annual Review
has been paid.
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Honorable City Council
September 21, 2005
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REQUIREMENT
STATUS
8.
Waiver of rights to any density
No additional density
bonus beyond 190 units approved
bonus has been requested
for this project
or granted.
9.
Agreement to cast affirmative
To date, the developer
vote for the formation of an
has complied with this
assessment district with the
aspect of the agreement.
power to levy assessments for
the maintenance of parkway
landscaping, street lighting or
parks conferring special
benefits.
10.
Guarantee affordability of 100%
All affordability
of the units:
agreements have been
Forty -eight (48) very low
approved and executed.
income (50% or less of Ventura
County median income), with a
minimum of twelve (12) of the
two- bedroom units occupied by
very -low income tenants for
the life of the project.
One - hundred - forty -two (142)
low income (600 or less of
Ventura County median income).
11.
Agreement to pay all City
All capital improvement
capital improvement,
fees have been paid to
development and processing fees
date. Staff is working
and agreement not to protest
with the developer on
fees.
reconciliation of the
developer deposit
account.
12.
Construct Park Lane consistent
Park Lane improvements
with Ventura County Standard
have been completed.
Plate B -3 -C and ADA
Requirements. Reconstruct
broken sidewalk, curb and
gutter from the project to Los
Angeles Avenue.
13.
Agreement to pay monthly access
The Developer has
fee of 5% of gross revenue
provided cable television
generated, should cable
services through the City
television services be provided
Cable Franchise, and the
outside the City Cable
City's government channel
Franchise, and that the City's
is available to all
government channel be available
units.
to all units.
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REQUIREMENT
STATUS
14.
Agreement that any fees and
To date, the developer
payments be made without
has complied with this
reservation and waives to right
aspect of the agreement.
to payment under protest.
15.
Agreement to pay applicable Los
The AOC fees have been
Angeles Avenue AOC Fees minus
paid, and all Building
$1,052 if Building Permits not
Permits were issued prior
issued by December 31, 2004
to December 31, 2004.
16.
Agreement for "Payment in Lieu
A PILOT Agreement was
of Taxes" (PILOT) including
executed on May 19, 2004,
payment schedule.
and the 2004 and 2005
be in the amount of $200,000.00,
payments have been made.
17.
Annual Review and Mitigation
The developer has
Monitoring Program
submitted the application
2004.
and deposit for annual
3.
Agreement that the Traffic
review and is to date in
System Management Fee (TSM) for
compliance with the
the project shall be in the
Mitigation Monitoring
amount of $200 per unit.
Program.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the
agreement and include seven (7) specific provisions, as summarized
below.
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REQUIREMENT
STATUS
1.
Expedite (to the extent
Construction is complete.
possible) the processing of
plan 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 ($200,000.00) was paid
(AOC) Fee for the project shall
April 11, 2003. All
be in the amount of $200,000.00,
Building Permits have been
so long as, Building Permits are
issued.
issued prior to December 31,
2004.
3.
Agreement that the Traffic
Paid for 190 units
System Management Fee (TSM) for
($38,000.00) on April 11,
the project shall be in the
2003. All Building Permits
amount of $200 per unit.
have been issued.
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REQUIREMENT
STATUS
4.
Agreement to allow certain
The City is in compliance
modifications to the City Zoning
with this aspect of the
Code and development standards,
agreement.
including parking ratios,
density, and reduction in
certain fees so long as Building
Permits are issued prior to
December 31, 2004.
S.
Agreement that Citywide Traffic
Citywide Traffic Fee of
Fee shall be $800 per unit so
($152,000.00) was paid
long as Building Permits are
April 11, 2003. All
issued prior to December 31,
Building Permits have been
2004.
issued.
6.
Agreement to payment of $4,000
Paid on April 11, 2003.
toward impacted intersections,
in lieu of a Traffic Study.
7.
Agreement that certain fees are
The City is in compliance
not applicable for repair or
with this aspect of the
rebuild due to fire, earthquake
agreement.
or other casualty.
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 Vintage Crest Senior Apartments, L.P. /USA Properties
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,
Vintage Crest Senior Apartments, L.P. /USA Properties has
complied in good faith with the terms and conditions of the
Agreement.
2. Deem the annual review process complete.
Attachments:
Location Map
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