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HomeMy WebLinkAboutAGENDA REPORT 2015 0506 CCSA REG ITEM 10K ITEM 10.K. CITY OF MOORPARK,CALIFORNIA City Council Meeting of 5-4 -Rod. ACTION: MOORPARK CITY COUNCIL BY` ' AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manager\ DATE: April 30, 2015 (CC Meeting of 5/6/2015) SUBJECT: Consider 2014 and 2015 Reports of Annual Development Agreement (DA 2003-01) Review, Established in Connection with Ivy Lane (Tract No. 5425), Located on the South Side of Los Angeles Avenue East of Fremont Street, on the Application of Shea Homes 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 April 20, 2005, the Moorpark City Council adopted Ordinance No. 313 (effective May 20, 2005), approving Development Agreement 2003-01 between the City of Moorpark and Shea Homes, Limited Partnership (Shea). The Agreement was approved in connection with the Tract No. 5425/RPD No. 2003-02, a 102 unit single-family residential development, located south of Los Angeles Avenue, east of Fremont Street. Due to site constraints, the ultimate unit count of the RPD and Final Map was reduced to 99 units. The Agreement remains in full force and effect for twenty (20) years from the operative date of the Agreement (until May 20, 2025), or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last. 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. Shea has submitted the necessary application form, related materials, and fee/deposits for the 2014 and 2015 annual reviews. The Community Development Director has reviewed the submitted information and the project status and provides the following report. 379 Honorable City Council May 6, 2015 Page 2 DISCUSSION Current Project Status During the past year, the following have been completed: • Approval of the revised LMD landscape plans for Los Angeles Avenue. • Issuance of Caltrans permit rider for the revised LMD landscape plans for Los Angeles Avenue. • License entry agreement for Los Angeles Avenue and Fremont Street improvement work entered into between Shea Homes and the City of Moorpark. • Approval of the updated architectural plans (updated to the 2013 California Building Code). • Approval of the processing of the sequential lot line adjustments to give Fremont Street property owners 5' to 10' of Shea property. • Payment of Development Agreement fees for Phases 2 through 12 (80 units). • Issuance of building permits for Phases 2 through 12 (80 units). • Federal Emergency Management Agency (FEMA) issuance of Letter of Map Revisions based on Fill (LOMR-F) for the models and Phases 1 through 9. • Annexation of the Ivy Lane units (99 units) into the Canterbury Lane Community Association. • City release of the early grading agreement bonds. • City return of the interim Majestic Court knuckle bond cash deposit. Shea is currently working on the following: • Public Works/Engineering approval for cap paving of Fremont Street. • Public Works/Engineering approval for the Parcel X detention basin improvement work. • Sales contracts and/or close of escrow for 9 affordable housing units. • Shea Homes is working on finishing the Los Angeles Avenue improvements. Site Development Progress: • Mass grading is 100% complete. • Storm drain system is installed. • Sewer system is installed. • Water system is installed. • Perimeter retaining walls are installed. • Los Angeles Avenue sound wall across Fremont Street is installed. • Paving is installed. • Curb and gutter is installed. • Entry monument is installed.. • Los Angeles Avenue LMD landscaping is complete. • Los Angeles Avenue improvements are 95% complete. 380 Honorable City Council May 6, 2015 Page 3 • The Fremont Street improvements are 95% complete (cap paving pending City approval) and Fremont Street has been closed at Los Angeles Avenue. • Certificates of Occupancy have been issued for the Models and Phases 1, 3, 4, 5, and 6 units (37 units). 28 of these units are sold and owner occupied. 7 affordable units are not sold/have not closed escrow. • Overhead utilities to the affected Fremont residents have been converted to underground and the poles have been removed. • Construction of the Phases 2, 7, 8, 9, and 10 units are underway (33 units). • Final landscape certificates of completion issued for Phases 1, 3, and 4. Occupancy has been granted for 37 units. Permits have been issued for 53 units. Phase 13 and 14 build out (9 units) is remaining. Developer Compliance with Terms of Agreement The developer's responsibilities are included in Section 6 of the Development Agreement and include twenty (20) 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 this Agreement, Developer is in compliance with all Project Approvals, all Subsequent Approvals the requirements at this time. Mitigation Monitoring and Reporting Program of the Mitigated Negative Declaration and any subsequent or supplemental environmental actions. 2. All lands and interests in land shall be dedicated Granted at Final Map approval. free and clear of liens and encumbrances. 3. Payment of "Development Fees" of Eight These fees are adjusted annually (until paid) Thousand Eight Hundred Ninety-Five Dollars using the Consumer Price Index (CPI) in ($8,895.00) per residential unit and Forty accordance with the Agreement. Fees are Thousand Twenty-Eight Dollars ($40,028.00) per collected prior to issuance of Zoning gross acre of institutional land. Clearances for Building Permits. Fees have been collected for 90 units, including two model homes. 4. Payment of "Citywide Traffic Fees" of Five These fees are adjusted annually (until paid) Thousand Seventy-Five Dollars ($5,075.00) per using the State Highway Bid Price Index in residential unit, and Twenty-Two Thousand, accordance with the Agreement. Fees are Eight Hundred Thirty-Eight Dollars ($22,838.00) collected prior to issuance of Zoning per acre of institutional land. Clearances for Building Permits. Fees have been collected for 90 units, including two model homes. 381 \1Del\Department Share\Commu,ity DevelopmenMWDMINIAgreements\D A\2003-01 Shea'Ropals\cc 141015 doa Honorable City Council May 6, 2015 Page 4 NO. REQUIREMENT STATUS 5. Payment of "Community Service Fees" of Two These fees are adjusted annually (until paid) Thousand, Two Hundred Thirty-Three Dollars using the Consumer Price Index (CPI) in ($2,233.00) per residential unit, and Seven accordance with the Agreement. Fees are Thousand Seventy Dollars ($7,070.00) per gross collected prior to issuance of Zoning acre of institutional land. Clearances for Building Permits. Fees have been collected for 90 units, including two model homes. 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 Eight Thousand Two Hundred Forty using the Consumer Price Index (CPI) in Dollars ($8,240.00) for each residential dwelling accordance with the Agreement. Fees are unit and Fifty Cents ($.50) per square foot of collected prior to issuance of Zoning each building used for institutional purposes. Clearances for Building Permits. Fees have been collected for 90 units, including two model homes. 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. This section was amended by the City Council on Sales contracts and/or close of escrow for 9 October 16, 2013 as follows: affordable housing units as follows: Developer shall provide eighteen (18) three (3) bedroom and two bath single family attached • Two affordable units have closed units with a minimum of 1,600 square feet to be escrow sold to buyers who meet the criteria for low • Two affordable units are pending income (80 percent or less of median income. closing. Developer shall also pay a two hundred fifty • Three affordable units are in escrow thousand dollars ($250,000.00) in-lieu fee to and under construction. satisfy the requirement for providing moderate • Two affordable units are under income units the Project. construction but not yet assigned The units shall include amenities as specified in buyers. the Agreement. Developer and City may upon mutual agreement reduce the'number of required affordable units from eighteen(18)to sixteen (16). Prior to recordation of the first final Tract Map for this Project, execute a Purchase and Sale Agreement which further sets forth the Developer's obligations of this subsection and City's obligations per Subsection 7.7 Deposit$120.00 for each dollar or portion thereof of the monthly HOA fees that are in excess of $100.00 into a City administered trust to assist with future HOA fees for each affected affordable 382 S:Communrty DevelopmenMWDMIMApreementMD A1200301 Shoa Reports oc 141015doa Honorable City Council May 6, 2015 Page 5 NO. REQUIREMENT STATUS unit. Comply with purchase price requirements per the Agreement. Pay closing costs not to exceed six-thousand dollars $6,000. 10. Pay Air Quality Fee in the amount of One These fees are adjusted annually (until paid) Thousand, Six Hundred, and Thirty-Six Dollars using the Consumer Price Index (CPI) in ($1,636.00) per residential unit, and for accordance with the Agreement. Fees are institutional uses at a rate calculated by the collected prior to issuance of Zoning Community Development Department. Clearances for Building Permits. Fees have been paid for 90 units, including two model homes. 11. 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. 12. Agreement to cast affirmative ballots for A landscape maintenance district has been formation of one or more assessment districts for established for the project. maintenance of parkway and median landscaping and street lighting, including but not limited to all water and electricity costs. Agreement .to form property owner's association(s) to provide landscape, street lighting and park (if necessary) open space land, trails drainage facilities maintenance and compliance with NPDES requirements. 13. Payment of all City capital improvement and Developer is in compliance with all processing fees. requirements at this time. Fund review ongoing. 14. Payment of Los Angeles Avenue Area of Fees are paid prior to issuance of Zoning Contribution (AOC) Fee. Clearances for Building Permits. Fees have been paid for 90 units, including two model homes. 15. Provide for a 50-year life, as determined by the To be part of the Street Improvement Plans to City Engineer, for all public street improvements. be reviewed and approved by the City Engineer. 16. Agreement to pay any fees and payments Developer is in compliance with all pursuant to this Agreement without reservation. requirements at this time. 17. 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. 18. Provide deposits for the proceedings and related A landscape maintenance district has been services for possible formation of a District as established for the project. referenced in Subsection 7.6 19. Agreement that any property to be acquired by No request for property to be acquired by eminent domain shall be at City's discretion and eminent domain has been submitted to date. after compliance with all legal requirements. 20. In the event referenced indices are discontinued To date, referenced indices remain effective. or revised, successor indices shall be used. 383 110C11Doparanenl Share1Communily DevelopmenMWDMINMgreemenle\D A1200301 SheaWeporlekc 141015.tlocx Honorable City Council May 6, 2015 Page 6 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 eight (8) 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 of requests. application for subsequent applications. 2. If requested, at the developer's cost, proceed to To date, no such request has been acquire easements or fee title to land in order to received. allow construction of required public improvements. 3. Authorization for the City Manager to sign an early An early grading permit was issued on grading permit. 10/7/2012. 4. Agreement to process concurrently, whenever To date, City has complied. possible, all land use entitlements for the same property (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 commence proceedings for To date no Community Facilities District Community Facilities District formation and incur has been required. bonded indebtedness. _ 7. Agreement to appoint affordable housing staff The Economic Development and Housing person to oversee the implementation of affordable Manager in the Community Development housing requirements. Department oversees affordable housing requirements. 8. Agreement to facilitate reimbursement to developer To date, no such request has been of any costs incurred that may be subject to partial received. reimbursement from other developers. Adjusted Development Agreement Fees As mentioned above, the Development Agreement calls for adjustment of the various fees at different times. Currently, the adjusted fees are as follows: DA Section Fee Description Current Fee Base Fee 6.3 Development Fee $9,021.29 $8,895.00 (Indexes 1 year after first building permit) 6.4 Citywide Traffic Fee $8,955.25 $5,075.00 Indexing Begins January 1, 2006 Caltrans Annual Index 384 . \10C10epartment Share\Community Developmentl4DMMIAgreements\D A\2003-01 SheaMeports cc 141015.docx Honorable City Council May 6, 2015 Page 7 sectionA Fee Description Current Fee Base Fee 6.5 Community Services Fee $2,612.06 $2,233.00 Indexing beings January 1, 2008 CPI Index (August to August) ** 6.7 Park Fee _ (Indexes 1 year after first building permit) $8,356.99 . $8,240.00 6.10 Air Quality Fee $1,929.46 $1,636.00 Indexing begins March 1, 2007 CPI Index(December to December) ** 6.14 Los Angeles Avenue Area of Contribution Fee $8,760.00 $7,807.00 (Fixed Fee-Current Fee Amount) 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 Shea Homes 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, on the basis of substantial evidence, that Shea Homes, Limited Partnership has complied in good faith with the terms and conditions of the Agreement. 2. Deem the annual review processes for 2014 and 2015 complete. ATTACHMENTS: 1. Location Map 2. Site Map 3. Narrative prepared by Shea Homes 385 110C1\Department Share\Community Development\ADMINNgreements\0 A1200301 Shea'Reports\cc 141015.docx < ^l l r l .l l l l l t 1 1 4 �� ®.11 i - - - -t t{�� ��77 F L� JI t Roeet7sJlJIy•}, ®��� �t7®Cl���t . 41111s7-- � ___- rz Shcrmarr¢ve l : �LLiL�IL'LE �.I T 11 �__ 1 t:ir m F— Westcott.ct !!! 11111, _ ___ J` ' /1 1f�11® Part est Ln Narfolk'Ct _ II { Majestic Ct- I - _ +FPlL �,I SITE ,�� 1, i i .4.. r` iMoor` p r .2 1 -- _ '1 , X17 --_ ti 4 d. � -— Ronrtd Melghts St- 1 litii em174 ilk!AV x � i -i0111 t' ' 1l l 3i n� ,• IIJaLI s �.6 •flo,t _ a PI y -7 sSllver Oak Lny _ I Peach-Hifi-XI— — 4NE r I ` Mir i r�ri :. I —tourelhurst--Rd ��` ��r LOCATION MAP CC ATTACHMENT 1 386 • / / / Jj0 .j'cetp, I> W Ja / //T /// k / efill -,1 a . 1 zipsi Auk IF ,,id eitrivasia i 2 . :".c o 1- t, , ,// ®i ` i�, I Ife 1 lig U / "7/ / lip AA .,011,P '-'••=apprailc-r-ww§ , : : mom r,. 'AI aingip 1 ail 2, I ` . 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Cliff' a � g R 1 n9. - �� G I _. 1111L-71 i k - i--- all ,ti ,;i1 ( "legPAW Eat k 0 ►da StIona ii it 4 ip1 .451 'all- gam Imo' rr :_- i . „..-,, , „ ., , �..� , ,\ ,„ ,„ aMMIIIIN I -■ I __-C- ___--�vam-- - `� JEMMY SS71:2YY S07 387 CC ATTACHMENT 2 SheaHomes Caring since 7881 April 16, 2015 Mr. Joseph Fiss Planning Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Tract No. 5425 Development Agreement Annual Review Application Dear Mr. Fiss: As part of the annual review and per the requirements of the Development Agreement entered into on May 23, 2005 between Shea Homes and the City of Moorpark, this letter serves as a narrative summary on how Shea Homes complied with the agreement during the last year. During the past year, the following have been completed: • Approval of the revised LMD landscape plans for Los Angeles Avenue. • Issuance of Caltrans permit rider for the revised LMD landscape plans for Los Angeles Avenue. • License entry agreement for Los Angeles Avenue and Fremont Street improvement work entered into between Shea Homes and the City of Moorpark. • Approval of the updated architectural plans (updated to the 2013 California Building Code). • Approval of the processing of the sequential lot line adjustments to give Fremont Street property owners 5'to 10' of Shea property. • Payment of Development Agreement fees for Phases 2 through 12 (80 units). • Issuance of building permits for Phases 2 through 12 (80 units). • Federal Emergency Management Agency (FEMA) issuance of Letter of Map Revisions based on Fill (LOMR-F)for the models and Phases 1 through 9. • Annexation of the Ivy Lane units (99 units) into the Canterbury Lane Community Association. • City release of the early grading agreement bonds. • City return of the interim Majestic Court knuckle bond cash deposit. We are currently working on the following: • Public Works/Engineering approval for cap paving of Fremont Street. • Public Works/Engineering approval for the Parcel X detention basin improvement work. 1250 Corona Pointe Court Suite 600 Corona.CA 92879 Shea Home,Limited Partnership& Shea Nome,Marketing Company 951.736700r CC ATTACHMENT 3 ,�" "`�`�".��S``"�";',�" `";" 951.738.17758 v 388 Mr. Joseph Fiss April 16, 2015 Page 2 of 2 • Sales contracts and/or close of escrow for the affordable housing units in Phases 1, 3, 4, 5, and 6 (7 units). • Shea Homes is working on finishing the Los Angeles Avenue improvements. Site Development Progress: • Mass grading is 100% complete. • Storm drain system is installed. • Sewer system is installed. • Water system is installed. • Perimeter retaining walls are installed. • Los Angeles Avenue sound wall across Fremont Street is installed. • Paving is installed. • Curb and glitter is installed. • Entry monument is installed. • Los Angeles Avenue LMD landscaping is complete. • Los Angeles Avenue improvements are 95%complete. • The Fremont Street improvements are 95% complete (cap paving pending City approval)and Fremont Street has been closed at Los Angeles Avenue. • Certificates of Occupancy have been issued for the Models and Phases 1, 3, 4, 5, and 6 units (37 units). 28 of these units are sold and owner occupied. 7 affordable units are not sold/have not closed escrow. • Overhead utilities to the affected Fremont residents have been converted to underground and the poles have been removed. • Construction of the Phases 2, 7, 8, 9, and 10 units are underway (33 units). • Final landscape certificates of completion issued for Phases 1, 3, and 4. Shea Homes has acted and continues to act in good faith compliance with the Development Agreement. If you have any questions, I may be contacted at 949-292-4977. Thank you. Sincerely, Shea Homes, LP Jane Blasingham, PMP Community Development Manager Attachments _ 389 uaau.5%..illu:nd>.:n n