HomeMy WebLinkAboutAGENDA REPORT 2014 0319 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
of 3 -/q-,Q0i
i �-
ACTIONVi ya eJ.r4}a„G✓
TT �� '_ _ .f0
MOORPARK CITY COUNCIL By: t
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared By: Joseph R. Vacca, Principal Planne
DATE: February 28, 2014 (CC Meeting of 03/19/2014)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Meridian Hills Development Project,
Tract 5187-1&2, Located on the West Side of Walnut Canyon Road,
Approximately 3,500 Feet North of Casey Road, on the Application of
Resmark Equity Partners, LLC (Formerly West Pointe Homes and
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 248 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. Resmark Equity
Partners, LLC purchased the property from William Lyon Homes, Inc. (who purchased the
property from West Pointe Homes), and as successor in interest they are responsible for
compliance with the terms of the agreement.
80
Honorable City Council
March 19, 2014
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 April 17, 2013, the City Council
accepted the Community Development Director's report and recommendation that, on the
basis of substantial evidence, Resmark Equity Partners, LLC had complied in good faith
with the terms and conditions of the Agreement, and deemed the annual review process
complete for 2013. Resmark Equity Partners, LLC has submitted the necessary application
form, related materials, and fee/deposit for the 2014 annual review. The Community
Development Director has reviewed the submitted information and the project status and
provides the following report.
DISCUSSION
Current Proiect Status
• Grading has been completed.
• Final Maps have been approved by City Council.
• Tract improvements, including installation of wet and dry utilities and curb, gutter,
roadways and storm drains have been completed with the final cap of paving in
developed areas where residential units exist.
• Construction of sixty-five production housing units has been completed and final
occupancies have been granted for all of these units, including the original seven
model homes.
• The original implementation plan was approved by the City Council on July 7, 2004,
for William Lyon Homes. In January, 2008, Resmark Equity Partners, LLC
purchased the project and an amended implementation plan was approved by the
City Council on May 21, 2008.
• All of the mitigation landscaping has been installed per plan. Staff along with the
City's consulting landscape architect completed the final landscaping inspection and
approved a final landscaping inspection zoning clearance on February 26, 2009.
• Resmark completed construction of the HOA recreation lot with the tennis and
basketball courts and a zoning clearance for final occupancy of the facility was
approved on February 2, 2009.
• All of the currently improved Homeowner's Association landscaping has been
installed per plan. Following the completion of a 90 -day maintenance period, staff
completed a final landscaping inspection and approved a zoning clearance for
completion of landscaping on January 11, 2011.
• Rick Bianchi on behalf of TRI Pointe Homes, with approval of Resmark, filed
Modification No. 1 to Residential Planned Development (RPD) Permit No. 1999-02
application on May 21, 2013, for consideration of updated architectural elevations
and floor plans of four single family homes, to propose construction of 66 new units
within Tract 5187, Meridian Hills development. The application was deemed
S.\Community Development\ADMIN\Agreements\D A\2001-01 West Pointe\Agenda Reports\cc 14_0319.doc
81
Honorable City Council
March 19, 2014
Page 3
complete on October 24, 2013. Following a public hearing on this application before
City Council on November 6, 2013, the applicant withdrew their application.
• On November 8, 2013, Mike McMillen, Vice President of TRI Pointe Homes, sent
staff, (via electronic mail) a letter of withdrawal on the requested Modification No. 1
to RPD Permit No. 1999-02. TRI Pointe homes staff has since verbally indicated to
City staff their intent to construct the homes as originally approved.
• Staff continues to work with the applicant on the plan check of the final trail design
for connecting to Tract No. 4928, (Country Club Estates), across the Peter's
property. Staff anticipates permit issuance in March 2014.
• Within Tract 5187 there are two areas along the Multi -use trail / public sidewalk,
where the grades need to be adjusted to meet accessibility requirements. Resmark
has plans in plan check to make these corrections, and once plans are approved
Resmark anticipates starting work in second quarter of 2014.
• The landscaping and irrigation has been installed in many areas within the
Landscape Maintenance District (LMD), Zone 20, within Tract 5187, but the City
acceptance for maintenance has not occurred. On August 8, 2012, staff provided
Resmark with a corrective punch list of areas within LMD Zone 20 that need to be
addressed prior to acceptance, and to date, staff has not been contacted for follow
up inspections to review corrected items.
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 the Agreement,
Developer is in compliance with all
subsequent project approvals and Mitigation
requirements at this time.
Monitoring Program.
2.
All lands and interests in land shall be dedicated
All lands and interests in land were dedicated
free and clear of liens and encumbrances.
upon recordation of the Final Map.
3.
Payment of "Development Fees" of seven
These fees are adjusted annually (until paid)
thousand eight hundred fifty dollars ($7,850) per
using the Consumer Price Index (CPI) in
residential unit and thirty-five thousand three
accordance with the agreement. Fees must
hundred twenty-five dollars ($35,325) per gross
be paid prior to issuance of Zoning Clearance
acre of institutional land.
for Building Permit. This fee has been
collected with all Zoning Clearances for
Buildinq Permit to date.
&\Community Development\ADMIWAgreementsO A\2001-01 West Pointe\Agenda Reports\cc 14_0319.doc
82
Honorable City Council
March 19, 2014
Page 4
NO.
REQUIREMENT
STATUS
4.
Payment of "Citywide Traffic Fees" of four
These fees are adjusted annually (until paid)
thousand four hundred twenty dollars ($4,420)
using the State Highway Bid Price Index in
per residential unit and nineteen thousand eighty
accordance with the agreement. Fees must
dollars ($19,080) per acre of institutional land.
be paid prior to issuance of Zoning Clearance
for Building Permit. This fee has been
collected with all Zoning Clearances for
Building Permit to date.
5.
Payment of "Community Service Fees" of two
These fees are adjusted annually (until paid)
thousand thirty dollars ($2,030) per residential
using the Consumer Price Index (CPI) in
unit and six thousand four hundred twenty-eight
accordance with the agreement. Fees must
dollars ($6,428) per gross acre of institutional
be paid prior to issuance of Zoning Clearance
land.
for Building Permit. This fee has been
collected with all Zoning Clearances for
Building Permit to date.
6.
Payment of all outstanding processing costs.
This is an ongoing 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 park dedication "Park
These fees are adjusted annually (until paid)
Fee" of nine -thousand dollars ($9,000) per
using the Consumer Price Index (CPI) in
residential unit and fifty cents ($0.50) per square
accordance with the agreement. Fees must
foot of each building used for institutional
be paid prior to issuance of Zoning Clearance
purposes.
for Building Permit. This fee has been
collected with all Zoning Clearances for
Building Permit to date.
8.
Prior to Final Map recordation, confirmation from
If determined necessary, these improvements
Ventura County Waterworks District No. 1 that
will be included in the Water Works District
sufficient recycled water is available to serve
No. 1 improvement plan package and will be
public and community owned landscape areas.
bonded for prior to recordation of the Final
Design and construction of facilities required to
Map. At the present time, no connection
deliver the reclaimed water to the project, and
points exist within the vicinity of the project.
payment of any connection/meter fees required
by the District.
9.
Greenbelts, open space areas, landscape areas
Included on recorded Final Map.
and trails (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.(a)
Irrevocable offer of dedication of Lot 263, for
Included on recorded Final Map.
permanent open space preservation purposes
on the first Final Map.
&\Community Development\ADMIWAgreements\D A\2001-01 West Pointe\Agenda Reports\cc 14_0319.doc
83
Honorable City Council
March 19, 2014
Page 5
NO.
REQUIREMENT
STATUS
10. (b)
Annual Payment of ten -thousand dollars
Payment of this fee commences concurrently
($10,000) for permanent management,
with recordation of the final map, and annually
maintenance, and mitigation monitoring for open
thereafter on the anniversary of the
space Lot 263. The HOA shall be responsible
recordation date, which was October 26,
for this perpetual obligation.
2006. The first seven installments have been
paid. This fee will be adjusted annually using
the Consumer Price Index (CPI) in
accordance with the agreement and the next
payment is due October 26, 2014. These
future annual payments have been included in
the HOA budget.
10. (c)
Grant conservation easement to retain Lots 254,
Included on recorded Final Map.
255, 257, 258, 259, 260, 261, 262, 264 and 265
in predominantly open space condition.
Dedication of Lot 251 to the City for permanent
Included on recorded Final Map.
open space preservation and trail staging area.
Prior to occupancy of the 165th residential unit
Staff will work with the applicant on the
the developer shall improve the trail staging
requirement for this item in the future.
area, provide payment for perpetual
maintenance, and provisions for temporary trail
staging area within "A" Street right-of-way.
11.
Provide a total of twenty (20) affordable housing
Entitlement permits have been approved for
units in accordance with the agreement.
seventeen (17) affordable units to be located
Payment of an in -lieu fee of seventy thousand
southerly of the subject development.
($70,000) for each unit less than the required
Improvement plans have been submitted for
twenty (20) shall be paid prior to occupancy of
pian check, and grading is partially completed.
the 50th unit.
On November 15, 2007, the developer paid
Prior to occupancy of the first residential unit, the
the $236,667.53 in -lieu fee for three units
required prior to occupancy of the 50th unit.
developer will enter into an Affordable Housing
Agreement with the City, and pay the direct costs
The Affordable Housing Agreement was
for preparation of the agreement up to seven
executed by the applicant and the City and
thousand five hundred dollars ($7,500).
recorded on December 15, 2006.
12.
Pay Air Quality Fee in the amount of one
This fee will be adjusted annually (until paid)
thousand four hundred forty-four dollars ($1,444)
using the Consumer Price Index (CPI) in
per residential unit, and for institutional uses at a
accordance with the agreement. Fees must
rate calculated by the Community Development
be paid prior to issuance of Zoning Clearance
Department.
for Building Permit. This fee has been
collected with all Zoning Clearances for
residential Building Permits to date and upon
issuance of final occupancy Zoning
Clearances for institutional uses.
13.
Submittal and approval of an Implementation
The original implementation plan was
Plan to address requirements for phasing and
approved by the City Council on July 7, 2004.
construction responsibilities.
In January, 2008, Resmark Equity Partners,
LLC purchased the project and an amended
implementation plan was approved by the City
Council on May 21, 2008.
SACommunity Development\ADMIN\Agreements\D A\2001-01 West Pointe\Agenda Reports\cc 14_0319.doc
84
Honorable City Council
March 19, 2014
Page 6
NO.
REQUIREMENT
STATUS
14.
Waiver of any density bonus rights that would
Applicant has not requested density bonus
increase the number of dwelling units approved
units.
to be constructed on the property.
15.
Agreement to cast affirmative ballots for
The required fees were collected by staff and
formation of one or more assessment districts
a Landscape Maintenance District formation
for maintenance of parkway and median
petition for the formation of an Assessment
landscaping and street lighting, including but not
District has been reviewed and approved by
limited to all water and electricity costs.
the City Council to inaugurate an Assessment
Agreement to form property owners
District.
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 improvement and
Developer is in compliance with all
processing fees.
requirements at this time.
17.
Payment of Los Angeles Avenue Area of
Fees must be paid prior to issuance of Zoning
Contribution (AOC) Fee.
Clearance for Building Permit. This fee has
been collected with all Zoning Clearances for
Building Permit to date.
18.
Construction of regional flood control basin (Lot
Basin is shown on Final Map, with capacity
259) per Walnut/Gabbert Deficiency Study, in
verified by Ventura County Watershed
lieu of pro rata contribution for Drainage,
Protection District. Improvement plans and
Sediment Transport and Flood Control Planning
permits have been issued by VCWPD,
Mitigation Measure #4.
construction has been completed, and the
basin has been accepted by VCWPD.
19.
Payment of seventy -thousand dollars ($70,000)
This fee was paid on April 7, 2006, and
to satisfy Final EIR Biological and Botanical
deposited to the Open Space Maintenance
Resources Mitigation Measures.
Fund 2155 .
20.
Construct "A" Street from "E" Street to southern
These improvements were included with
boundary prior to occupancy of 165th residential
project improvement plans and securities.
unit, including all plan check and inspection
costs, and improvement surety.
21.
Payment of three hundred thousand dollars
Effective March 1, 2005, the $300,000 fee
($300,000) to satisfy Mitigation Monitoring
shall increase by one-half of one percent
Program Traffic and Transportation Mitigation
(0.5%) per month until paid. These fees were
measures. Payment of twenty -thousand
collected on October 28, 2005 and paid in full
($20,000) to satisfy Public Services and Utilities
with indexing.
Mitigation Measures.
22.
Acquire at sole cost and expense the property
Plans for the Walnut Canyon improvements
needed to improve Walnut Canyon Road.
have been drafted, and no additional
dedication is required. The Walnut Canyon
improvements are complete.
23.
Construct public trail system across Walnut
Trail requirements are per Permit Adjustment
Canyon Road frontage of the property to connect
No. 2 approved November 19, 2004. Staff
to the trail constructed by Tract No. 4928
continues to work with the applicant on the
(County Club Estates). Maintenance to be the
final trail design for connecting to Tract No.
responsibility of the property owners
4928, (Country Club Estates).
association(s).
24.
Agreement to pay any fees and payments
Developer is in compliance with all
pursuant to this Agreement without reservation.
requirements at this time.
SACommunity DevelopmentADMIN Agreements\D A0001-01 West PointeAgenda Reports\cc 14_0319.doc
85
Honorable City Council
March 19, 2014
Page 7
NO.
REQUIREMENT
STATUS
25.
Agreement to comply with requirements for
To date, the applicant has complied with
annual review of the Agreement including
review requests and Mitigation Monitoring
evaluation of Mitigation Monitoring Program.
Program requirements.
26.
Agreement to install photovoltaic system for
On February 18, 2004, City Council adopted
each residential dwelling unit, so long as City
standards which provide for voluntary
adopts a policy and standards prior to January
installation of photovoltaic systems.
31, 2004 or approval of the first phase of the
3.
Final Map, whichever is later.
An early grading agreement was executed by
All requirements of the Development Agreement are 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.
NO.
REQUIREMENT
STATUS
1.
Agreement to commit reasonable time and
To date, City has complied with any such
resources on expedited and parallel processing
requests.
of application for subsequent applications.
2.
If requested, at the developers cost, proceed to
To date, no such request has been received.
acquire easements or fee title to land in order to
allow construction of required public
improvements.
3.
Agreement to authorize the City Manager to sign
An early grading agreement was executed by
an early gradingpermit.
the City Manager in August 2004.
4.
Agreement to process concurrently, whenever
Entitlement applications for the affordable
possible, all land use entitlements for the same
housing project were processed concurrently.
roe so long as deemed complete).
5.
Agreement that Park Fee required per section 6.7
To date, City has complied.
meets obligation for park land dedication
provisions of state law and local codes.
6.
Agreement to cooperate with developer to allow
Open Space Easement Grant Deed was
maximum tax benefits for dedication of Lot 263
recorded April 27, 2004; and a conservation
for public open space.
easement over this land was dedicated on the
recorded Final Map.
7.
Agreement to appoint affordable housing staff
The Economic Development and Housing
person to oversee the implementation of
Manager oversees affordable housing
affordable housing requirements.
requirements.
8.
Agreement to allow for a variation of five (5) feet
To date, no such request 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.
S -\Community Development\ADMIMAgreements\D A\2001-01 West Pointe\Agenda Reports\cc 14_0319.doc
86
Honorable City Council
March 19, 2014
Page 8
NO.
REQUIREMENT
STATUS
9.
Agreement to facilitate reimbursement to
To date, no such request has been received.
developer of any costs incurred that be subject to
partial reimbursement from other developers.
10.
Agreement to process a lot line adjustment to
The lot line adjustment has been approved
modify the common lot line between Tract 5187
and recorded.
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 Development Fee
These fees have been included in Conditions
shall be three thousand dollars ($3,000) per unit;
of Approval of the affordable housing
Park Fee shall be three thousand six hundred
development. A request for 17 affordable
dollars ($3,600) per unit, and Air Quality Fee shall
units has been approved and is currently in
be five -hundred dollars $500per unit.
plan check.
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 that, on the
basis of substantial evidence, Resmark Equity Partners, LLC has to date complied in good
faith with the terms and conditions of the agreement, with the exception of completion of
multi -use trail improvements in compliance with accessibility requirements of Americans
with Disabilities Act, and providing required connections across the Peter's property to
connect to the multi -use trails network of Country Club Estates. Work on obtaining
approved plans on both of these items is currently in process.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Accept the Community Development Director's Report and recommendation, and
find, on the basis of substantial evidence, that Resmark Equity Partners, LLC has
complied in good faith with the terms and conditions of the agreement.
2. Deem the 2014 annual review process complete.
ATTACHMENTS -
1. Location Map
2. Site Plan
SACommunity Development\ADMIN\Agreements\D A\2001-01 West Pointe\Agenda Reports\cc 14_0319.doc
87
Honorable City Council
March 19, 2014
Page 9
Narrative
SACommunity Development\ADMINWgreements\D M2001-01 West Pointe\Agenda Reports\cc 14_0319.doc p
88
6®P&d
ew ae8 4Pd �
SITE PLAN
The
Resmarks'
Companies
Date: February 26, 2014
To: City of Moorpark
Joe Vacca - Senior Planner
From: Mike Zarola, Sr. Vice President, Resmark Companies
RE: Meridian Hills - Tract 5187-1 & 2
Annual Development Agreement Review
Please find below a status report regarding on-going matters and a summary of some of
the issues, improvements and progress that Resmark has made over the course of the
past year in the Meridian Hills project ("Project") as they relate to the Development
Agreement. The number of the comment below is tied to the number shown on last
year's staff report to the City Council.
Item No. 1.
No change to last years comment
Item No. 2.
No change to last year's comment.
Item No. 3.
No change to last year's comment.
Item No. 4.
No change to last year's comment.
Item No. 5.
No change to last year's comment.
Item No. 6.
No change to last year's comment.
Item No. 7.
No change to last year's comment.
Item No. 8.
No change to last year's comment.
Item No. 9.
No change to last year's comment.
Land and Housing Apartment Living Shopping Centers
12396 World Trade Drive Suite 308 San Diego California 92128 PHONE (858) 676-0608 FAx (858) 676-0648
Resmark.com
91
CC ATTACHMENT 3
Annual Development Agreement Review
Meridian Hills, Tracts 5187-1&2
Item No. 10a, b & c.
No change to last year's comment.
Item No. 11.
No change to last year's comment.
Item No. 12.
No change to last year's comment.
Item No. 13.
No change to last year's comment.
Item No. 14.
No change to last year's comment.
Item No. 15.
Below are the comments from last year and there has not been any progress oil this
item despite numerous attempts by the Resmark team to move it forward_ We have
spoken with Jeremy Laurentowski and lie is working to get some direction on how best
to resolve this issue. Ideally, we get some traction in the next several months so that it
can be finally resolved.
a) LMD improvements were installed, and found to be per plan in 2008; however,
the City has not accepted the improvements. As a result, Resmark was required
to continue to maintain the slopes, streetscapes and mitigation areas at its own
expense. In August 2012, the City issued substantial new corrections to the
LMD facilities.
b) The Resmark entities (and others) have been wrongfully assessed LMD fees on
their ownership interest. The improvements were never accepted, the
affordable housing lots were improperly charged, and the amount charged for
"reserves" violated state law.
c) The City has recognized that Resmark is due a refund of LMD charges and has
asked for an accounting, and information as to how it should refund the money
to Resmark and the homeowners. These were provided to the City.
d) The Resmark entities have asked the City when it will put this item on the LMD
Board (City Council) agenda, but no response has been provided to date.
Item No. 16.
No change to last year's comment.
Item No. 17.
No change to last year's comment.
Item No. 18.
No change to last year's comment.
Item No. 19.
No change to last year's comment.
Page 2 of 3
The
92
Annual Development Agreement Review
Meridian Hills, Tracts 5187-1&2
Item No. 20.
No change to last year's comment.
Item No. 21.
No change to last year's comment.
Item No. 22.
No change to last year's comment.
Item No. 23.
a. No change to last year's comment.
b. In April 2012 Lyon submitted what was considered a final plan to the
City. They continue to work with City staff to resolve plan check items.
c. Lyon has obtained approval from the Ventura County Watershed
Protection District and Caltrans for the work proposed on their plans.
Still working with City Staff to obtain approvals for the plans. Several
additional requests by the City have slowed the plan check process..
d. An alternate fence detail acceptable to Caltrans has been added to the
plans and is part of the Caltrans permit.
e. The City has required the area to be landscaped and included in the
LM D area for the project. Lyon is having plans prepared to reflect this
request
Item No. 24.
No change to last year's comment.
Item No. 25.
No change to last year's comment.
Item No. 26.
No change to last year's comment.
Do not hesitate to contact Brent Caldwell at 949.307.3624 or
BrentPCaldwellLandSolutions.com should you have any questions or require any
further information.
Page 3 of 3
v61 ,ir<' Go roan s
93