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Home My WebLink AboutAGENDA REPORT 2020 0603 REG CCSA ITEM 10ECITY OF MOORPARK,  CALIFORNIA City Council Meeting of June 03, 2020 ACTION Approved staff recommendation. BY B.Garza. E. Receive Report of Annual Development Agreement Review, Established in Connection with Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive, on the Application of John W. Newton. Staff Recommendation: Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, that Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), has complied in good faith with the terms and conditions of the Agreement. (Staff: Freddy Carrillo) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Karen Vaughn, Community Development Director BY: Freddy A. Carrillo, Associate Planner ll DATE: 06/03/2020 Regular Meeting SUBJECT: Receive Report of Annual Development Agreement Review, Established in Connection with Canyon Crest Ranch Partners- Moorpark, LLC (Birdsall), Located on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive, on the Application of John W. Newton BACKGROUND On June 7, 2006, the City Council adopted Ordinance No. 336 (effective July 8, 2006), approving a Development Agreement between the City of Moorpark and Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall). The Development Agreement remains in full force and effect for twenty (20) years from the operative date of the agreement (until July 8, 2026), or until the close of escrow on the initial sale of the last affordable housing unit, whichever occurs last. The Development Agreement was approved in connection with the Vesting Tentative Tract Map (VTTM) No. 5437 and Residential Planned Development (RPD) No. 2004-05, to develop sixteen (16) homes, five (5) custom home lots and one (1) open space lot on approximately 42.4 acres east of Walnut Canyon Road at Championship Drive. The VTTM was never processed for a Final Map and subsequently expired. On January 16, 2019, the City Council re-approved the VTTM and also approved a one- year extension of RPD No. 2004-05. On January 24, 2020, the Community Development Director granted an additional one-year extension of the RPD. The RPD will expire on January 16, 2021, unless a building permit is issued for the development. The Community Development Director may approved an additional one-year extension if there have been no changes in the adjacent areas and if the applicant can document that he has diligently worked towards use inauguration during the initial period of time. Provisions of the Development Agreement require an annual review and report to the City Council on the status of completion of all aspects of the Agreement. The developer Item: 10.E. 613 Honorable City Council 06/03/2020 Regular Meeting Page 2 has submitted the necessary application form, related materials, and fee for the annual review. The Community Development Director has reviewed the submitted information, including the project status and provides the following report. DISCUSSION Current Project Status • The Affordable Housing Agreement was prepared and executed on January 12, 2016 and fees were paid. • Property owner filed bankruptcy in 2019 and the property and its entitlements are under control of the Bankruptcy Trustee; however, in order to preserve the value of the project and to comply with City requirements, the property owner has maintained the entitlement approvals in order. 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 6.21, 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. NO. REQUIREMENT STATUS 6.1 Developer shall comply with the Agreement, subsequent project approvals and Mitigation Monitoring Program. Developer is in compliance with all requirements at this time. 6.2 All lands and interests in land shall be dedicated free and clear of liens and encumbrances. To be granted at Final Map approval. 6.3 Payment of “Development Fees” of $9,291.00 per residential unit and $41,812.00 per gross acre of institutional land. No Building Permits have been issued. Beginning February 1, 2007, these fees will be adjusted annually (until paid) using the Consumer Price Index (CPI) in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 6.4 Payment of “Citywide Traffic Fees” of $6,531.00 per residential unit and $29,391.00 per acre of institutional land. No Building Permits have been issued. Beginning January 1, 2008, these fees will be adjusted annually (until paid) using the State Highway Bid Price Index in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 614 Honorable City Council 06/03/2020 Regular Meeting Page 3 NO. REQUIREMENT STATUS 6.5 Payment of “Community Service Fees” of $2,349.00 per residential unit and $7,436.00 per gross acre of institutional land. No Building Permits have been issued. Beginning January 1, 2008, these fees will be adjusted annually (until paid) using theCPI in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 6.6 Payment of “Public Facilities” fee of $10,000.00 per residential unit. No Building Permits have been issued. Beginning July 8, 2007, and annually thereafter, this fee will be adjusted, (until paid) using the CPI in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 6.7 Payment of a fee in lieu of park dedication “Park Fee” of $15,348.00 per residential unit and $0.50 per square foot of each building used for institutional purposes. No Building Permits have been issued. Beginning July 8, 2007, and annually thereafter, this fee will be adjusted, (until paid) using the CPI in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 6.8 Provided that prior to Final Map recordation, or March 31, 2008, confirmation from Ventura County Waterworks District No. 1 that sufficient recycled water is available to serve public and community owned landscape areas. Developer shall design and construct facilities required to deliver the reclaimed water to the project, and provide payment of any connection/meter fees required by the District. If determined necessary, these improvements will be included in the Water Works District No. 1 improvement plan package and will be bonded for prior to recordation of the Final Map. 6.9 To fulfill a portion of the Affordable Housing requirement the developer shall pay a $30,000.00 Affordable Housing Fee, which shall be indexed annually using the Housing Index. Payment shall be completed prior to the occupancy of the 15th residential unit in Tract 5437. Developer shall also provide one (1) four (4) bedroom and two (2) bath single-family detached unit with a minimum of 1,200 sq. ft. for low income (80 percent or less of median income); and one (1) four (4) bedroom and two (2) bath single-family detached unit with a minimum of 1,200 sq. ft. to be sold to a buyer who meets the criteria for very low income (50 percent or less of median income). The units shall include amenities as specified in the agreement. The Affordable Housing Agreement was prepared and executed on January 12, 2016, and fees have been paid. No Building Permits or dedications have been issued for purposes of this subsection. 615 Honorable City Council 06/03/2020 Regular Meeting Page 4 NO. REQUIREMENT STATUS Prior to recordation of the final map, the City Council shall approve an Affordable Housing Implementation and Resale Restriction Plan and prior to the occupancy of the first residential unit of the project, the Developer shall execute an Affordable Housing Agreement with the City Council. The Developer shall pay up to a maximum of $10,000.00 for the City’s direct costs for preparation of the Plan and Agreement. One (1) low income unit and one (1) very low income unit shall be provided by the Developer and occupied by qualified buyers prior to occupancy of the 15th residential unit in Tract 5437. Compliance with requirements for home inspection and completion of necessary repairs, including purchase of standard home warranty policy for a three-year period is required. No shake or wood shingle roofs shall be approved. Developer shall provide an HOA trust for HOA fees in excess of $100.00. Compliance with purchase price requirements of the agreement is required. Developer shall pay closing costs not to exceed $6,300.00, which shall be increased by any increase in CPI after March 1, 2008. No fees have been collected to date. 6.10 Pay Air Quality Fee in the amount of $1,709.00 per residential unit, and for institutional uses at a rate calculated by the Community Development Director. No Building Permits have been issued. Beginning January 1, 2007, and annually thereafter, this fee will be adjusted, (until paid) using the CPI in accordance with the Agreement. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 6.11 Waiver of any density bonus rights that would increase the number of dwelling units approved to be constructed on the property. The applicant has not requested any modifications to the approved density. 6.12 Agreement to cast affirmative ballots for formation of one or more assessment districts 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. The Landscape Maintenance District will be processed when the Final Map review and approval process is re-activated. 616 Honorable City Council 06/03/2020 Regular Meeting Page 5 NO. REQUIREMENT STATUS 6.13 Payment of all City capital improvement and processing fees. No fees have been collected to date. 6.14 Payment of Los Angeles Avenue Area of Contribution (AOC) Fee. No Building Permits have been issued. Fees must be paid prior to issuance of Zoning Clearance for Building Permit. 6.15 Street improvements designed and constructed for a 50-year life. To be included with project improvement plans. 6.16 Agreement to pay any fees and payments pursuant to this Agreement without reservation. No fees have been collected to date. 6.17 Agreement to comply with requirements for annual review of the Agreement including evaluation of Mitigation Monitoring Program. To date, the applicant has complied with Annual Review requests and Mitigation Monitoring Program requirements. 6.18 Provide cash deposit for costs related to formation of Community Facilities District. No fees have been collected to date. 6.19 Agreement that any property to be acquired by eminent domain shall be at City’s discretion and after compliance with all legal requirements. No request for property to be acquired by eminent domain has been submitted to date. 6.20 Payment of all outstanding fees related to preparation of this agreement, project approval and MND. Developer is in compliance with all requirements at this time. 6.21 In the event any of the “referenced Index” or “CPI” are discontinued or revised, such successor index with which the “CPI” or “referenced Index” are replaced shall be used in order to obtain the same result as would otherwise have been obtained. To date, the “referenced Index” or “CPI” remain in place for appropriate indexing as required. City Compliance with Terms of Agreement The City’s responsibilities are contained in Section 7 of the Agreement and include provisions 7.1 through 7.8, summarized below. NO. REQUIREMENT STATUS 7.1 Agreement to commit reasonable time and resources on expedited and parallel processing of application for subsequent applications. To date, City has complied with any such requests. 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. To date, no such request has been received. 7.3 Authorization for the City Manager to sign an early grading permit. No early grading permit has been requested to date. 7.4 Agreement to process concurrently, whenever possible, all land use entitlements for the same property (so long as deemed complete). To date, City has complied. 7.5 Agreement that Park Fee required per section 6.7 meets obligation for park land dedication provisions of state law and local codes. To date, City has complied. 7.6 Agreement to commence proceedings for Community Facilities District formation and incur bonded indebtedness. To date, no such request has been received. 617 Honorable City Council 06/03/2020 Regular Meeting Page 6 NO. REQUIREMENT STATUS 7.7 Agreement to appoint affordable housing staff person to oversee the implementation of affordable housing requirements. Agreement to respond within thirty (30) days on acceptance or rejection of proposed affordable housing unit per subsection 6.9. Agreement that Developer may construct rather than purchase affordable housing units required per subsection 6.9. The Community Services Manager oversees affordable housing requirements and no such requests have been made. Developer has not submitted a written request to acquire a housing unit to meet its obligation under subsection 6.9 of this Agreement. 7.8 Agreement to facilitate reimbursement to Developer of any costs incurred that may be subject to partial reimbursement from other developers. To date, no such request has been received. 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 Canyon Crest Ranch Partners-Moorpark, LLC has, to date, complied in good faith with the terms and conditions of the Agreement. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Accept the Community Development Director’s report and recommendation that, on the basis of substantial evidence, that Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall), has complied in good faith with the terms and conditions of the Agreement. Attachment 1: Site Map Attachment 2: Narrative by John Newton, on behalf of Canyon Crest Ranch Partners- Moorpark, LLC (Birdsall) 618 ATTACHMENT 1 . . - . -~---7 . ' I ' J ' ·'/· \! ~ . ) . u. -:!.-:::_ . ~ :. . soc.si~, «~Mo;::;: =9-,,. ~D ,,,. I ~ ~IICl'f}af •·u,,,c,mc,.,"'1"Cr.JrrrR _.....,smrrr rt.«<:...: ;,o ,vrr s-:s, .,oo,,,ro Pfll,t" 619 ATTACHMENT 2' ' ( Js--~n ' t Newton & Associates, 11 ,c. g:\ofesiional CorHultanfa l 59 Moonsong Court Post Office Box 4 71 Moorpark, California 93021 Freddie Carrillo Case Planner Community Development Department 799 Moorpark A venue Moorpark, CA 93021 Re: Birdsall Group Moorpark LLC Development Agreement Annual Review Dear Freddie: r Broker Lie. 0092547 1 Telephone (80 5) 529-3494 Fax No . (805) 529 -7604 newtoncnslt@m sn .com In addition to the enclosed responses to the D.A. Review Matrix that you requested; the following information also provides further explanation of the developer's processing status: On January 16, 2019 the City Council re-approved Vesting Tentative Tract Map No. 5437 for an additional 10 years under the Development Agreement. The Council also approved a one-year extension of Residential Planned Development Permit No. 2004-05. An additional RPD extension request was filed in December, 2019 and is pending. Since that time the developer has diligently pursued location and acquisition of the original, signed Easement Maintenance and Cost Sharing Agreement from the adjacent Pinnacle Project developer, Toll Brothers. As of April 2019, all administrative remedies were exhausted in terms of City assistance in obtaining the EMCSA, which is a requirement of both the Pinnacle and Birdsall projects. Legal assistance efforts are currently underway to meet the EMCSA requirements. Finally, the landowner of record filed for bankruptcy in mid-2019 and the property and its entitlements are under control of the Bankruptcy Trustee. The developer-owner under contract is tied up in the bankruptcy proceedings and has suspended further Final Map & Improvement Plans processing pending the outcome. The developer is, however, maintaining '1SE CONSULT ING "lanning • Permits .m • Zoning MINERAL RESOURCE DEVE LOPMENT Engineering • Planning • Permits Rec lamation • SMARA Reports REAL ESTATE BROKERAGE Commercial • Industrial • Land Residential • Property Managem ent 620 Freddie Carrillo January 10, 2020 Page 2 ( r the entitlement approvals in order to preserve the value of the project and to comply with all relevant City requirements. Please contact me if you need ay clarification or further information. Enclosure cc: Scott Birdsall Phillip Stubb John W. Newton Applicant's Representative 621