HomeMy WebLinkAboutAGENDA REPORT 2015 0520 CCSA REG ITEM 10E ITEM 10.E.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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ACTION: f1
MOORPARK CITY COUNCIL -„° •
AGENDA REPORT BY: 1th_
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director 1
Prepared By: Stefanie Edmondson, Contract Planner, Lilley Planning
Group
DATE: May 5, 2015 (CC Meeting of 5/20/2015)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Vistas at Moorpark, Tract 5130,
Located on the East Side of Walnut Canyon Road, Approximately
3,500 Feet North of Casey Road, on the Application of CV Urban
Land, LLC (DBA City Ventures)
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 January 21, 2004, the Moorpark City Council adopted Ordinance No. 299 (effective
February 20, 2004), approving a Development Agreement between the City of Moorpark
and Moorpark 150, LLC, (formerly managed by SunCal Companies). The agreement
was approved in connection with the Vesting Tentative Tract No. (VTTM)
5130/Residential Planned Development Agreement (RPD) 1998-02, a 110 unit single-
family residential development located east of Walnut Canyon Road north of Wicks
Road. The agreement remains in full force and effect for twenty (20) years from the
operative date of the agreement (until February 20, 2024), or until the close of escrow
on the initial sale of the last Affordable Housing Unit, whichever occurs last.
The original entity which owned the subject property and was party to the Development
Agreement changed in December 2006. Prior to this time, LSOF Moorpark Land, L.P.
(LSOF) owned 95% of the member interests in Moorpark 150, LLC. In December 2006,
LSOF acquired the 5% interest previously held by Moorpark Equity Partners, Ltd., an
affiliate of the SunCal Companies. On July 23 2012, LSOF Moorpark Land, L.P.,
foreclosed on the project, and Armed Forces Bank of Kansas City, Missouri, acquired
the property and all project entitlements. On December 21, 2012, CV Urban Land, LLC 109
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(DBA City Ventures), acquired the property and all project entitlements and is the
current owner.
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. This is the tenth annual review
of this Development Agreement. Bill McReynolds, of CV Urban Land, LLC has
submitted the necessary application form, related materials, and fee/deposit for the
2015 annual review. The Community Development Director has reviewed the submitted
information, the project status, and provides the following report.
DISCUSSION
Current Project Status
• The developer has provided condition compliance deposits and has submitted
the final map, grading plans, and drainage and street improvement plans for
engineering plan check. The plans and maps should be reaching a final review
state.
• All twenty (20) of the required construction easements have been obtained from
the homeowners along Walnut Canyon Road for road improvements including
sidewalks which will ultimate become permanent City easement.
• Caltrans plans for work in the state right-of-way along State Route 23 have been
submitted and are under review. A Caltrans Permit/High Improvement
Agreement is expected to be issued for construction in July 2015.
• Communications with city staff on affordable housing options continue.
• Necessary weed abatement and erosion control efforts have been maintained on
site.
• Preparation of Landscape Maintenance District plans and documents is underway
and a report is expected to go to City Council on June 3, 2015.
• A Community Facilities District has been formed, but is not currently expected to
be used for this development.
• Grading of the site is expected to site expected to commence by end of summer
2015.
Proiect Background
• On November 19, 2008, the City Council approved Modification No. 1 to RPD
No. 1998-02 and VTTM No. 5130, primarily to change the timing language on the
construction of Walnut Canyon Road. The condition now states that prior to
issuance of a Certificate of Occupancy for the 50th dwelling unit or April 15,
2011, whichever comes first, construction of roadway improvements to Walnut
Canyon Road and overlaying of the pavement on Wicks Road consistent with
City standards, must-be completed to the satisfaction of the City Engineer and
Public Works Director.
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• On April 6, 2011, the City Council approved Modification No. 2 to VTTM No.
5130, primarily to change the timing language on the construction of
improvements to Walnut Canyon Road. The condition now states that prior to
issuance of a Certificate of Occupancy for the 1st dwelling unit or April 11, 2013,
whichever comes first, construction of roadway improvements to Walnut Canyon
Road and overlaying of the pavement on Wicks Road consistent with City
standards, must be completed to the satisfaction of the City Engineer and Public
Works Director.
• RPD No. 1998-02 expired on December 17, 2012.
• Due acquisition of the project by City Ventures on December 21, 2012, and the
short timeframe in which to comply with the timing of the condition, the new
owner was not able to comply with the April 11, 2013 deadline. City Ventures
understands that roadway improvements to Walnut Canyon Road and overlaying
of the pavement on Wicks Road are requirements of conditions of approval of the
project, and intends to comply with the conditions (with the exception of the time
requirement which has already passed). City Ventures has requested
Modification No. 3 to restore the twice modified condition of approval with regard
to timing of road improvements to its original language. The original condition of
approval requires road improvements to be completed to the satisfaction of the
City Engineer, prior to completion (final building sign-off) of the first dwelling unit.
• On May 12, 2014, Bill McReynolds, on behalf of City Ventures, filed an
application for a new RPD Permit to replace expired RPD No. 1998-02, for 110
homes as part of the Vistas at Moorpark project, originally a SunCal Companies
project. Associated with the RPD permit request is a request for a modification to
a condition of VTTM related to timing for improvements on Walnut Canyon Road,
Modification No. 3 to VTTM.
• On January 27, 2015, the Planning Commission adopted Resolution No. 2015-
602 recommending City Council adoption of Addendum to Mitigated Negative
Declaration and approval of RPD No. 2014-01.
• On March 4, 2015, the City Council held a public hearing and adopted and
addendum to a previously adopted Mitigated Negative Declaration, approving
Modification No. 3 to VTTM No. 5130, and approving RPD No. 2014-01.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development
Agreement and include twenty-four (24) 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.
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NO. REQUIREMENT STATUS
2. All lands and interests in land shall be dedicated To be granted at Final Map approval.
free and clear of liens and encumbrances.
3. Payment of "Development Fees" of eight These fees will be adjusted annually (until
thousand six hundred thirty-five dollars paid) using the Consumer Price Index (CPI)
($8,635.00) per residential unit and thirty-eight in accordance with the agreement. Fees
thousand eight hundred fifty-eight dollars must be paid prior to issuance of Zoning
($38,858) per gross acre of institutional land. Clearance for Building Permit. No Building
Permits have been issued.
4. Payment of "Citywide Traffic Fees" of four Beginning January 1, 2005, these fees will
thousand six hundred sixty-four dollars be adjusted annually (until paid) using the
($4,664.00) per residential unit and twenty State Highway Bid Price Index in
thousand nine hundred ninety-eight dollars accordance with the agreement. Fees must
($20,998) per acre of institutional land. be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
5. Payment of "Community Service Fees" of two Beginning January 1, 2007, these fees will
thousand two hundred thirty-three dollars be adjusted annually (until paid) using the
($2,233.00) per residential unit and seven Consumer Price Index (CPI) in accordance
thousand seventy dollars ($7,070) per gross acre with the agreement. Fees must be paid prior
of institutional land. to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
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 will be adjusted annually (until
Fee" of ten thousand eighty dollars ($10,080.00) paid) using the Consumer Price Index (CPI)
per residential unit and fifty cents ($0.50) per in accordance with the agreement. Fees
square foot of each building used for institutional must be paid prior to issuance of Zoning
purposes. Clearance for Building Permit. No Building
Permits have been issued.
8. Prior to Final Map recordation, confirmation from If determined necessary, these
Ventura County Waterworks District No. 1 that improvements will be included in the Water
sufficient recycled water is available to serve Works District No. 1 improvement plan
public and community owned landscape areas. package and will be bonded for prior to
Design and construction of facilities required to recordation of the Final Map.
deliver the reclaimed water to the project, and
payment of any connection/meter fees required
by the District.
9. Grant a conservation easement to the City for To be recorded with the Final Map for each
lots A, B, C, 0 and P. Lots A, B and P may phase.
include wetlands, storm water detention and
debris basins and related service roads,
landscaping and decorative planting areas,
sidewalks and trails that do not interfere with the
open space uses.
10. Payment of one hundred forty thousand dollars Beginning January 1, 2005, this fee
$140,000.00 to satisfy obligation for upgrading increases by one-half percent (0.05%) each
the intersections of Moorpark Avenue (SR 23) at month until paid. The fee must be paid prior
Charles Street and at High Street. to recordation of the first Final Map. No
Final Maps have been recorded to date.
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NO. REQUIREMENT STATUS
11. Provide five (5) four (4) bedroom and two bath This obligation will be met by the developer
and two (2) three (3) bedroom and two (2) bath building 12 affordable detached single-
single-family detached units with a minimum of family homes. The applicant is currently
1,200 sq. ft. for low income (80 percent of or less working with City staff in developing these
of medium income) homes by purchasing land currently held by
Provide four (4) four (4) bedroom and two bath the City Successor Housing Agency.
and one (1) three (3) bedroom and two (2) bath
single-family detached units With a minimum of No fees have been collected to date for
1,200 sq. ft. for very low income (50 percent of or affordable housing activities.
less of medium income)
The units shall include amenities as specified in
the agreement.
City Council approval and execution of an
Affordable Housing Implementation and Resale
Restriction Plan and an Affordable Housing
Agreement, and payment of up to a maximum of
nine thousand dollars ($9,000) for City's direct
costs for preparation of the Plan and Agreement.
Three of the low and three of the very low units
to be occupied by qualified buyers prior to
occupancy of the 501h residential unit in Tract
5130.
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 90th residential unit in Tract •
5130.
No less than six (6) of the substituted for sale
units shall be located within the boundaries of the
Moorpark Redevelopment Area.
Comply with requirements for home inspection
and completion of necessary repairs, including
purchase of standard home warranty policy for a
three year period. No shake or wood shingle
roofs shall be approved.
Provide an HOA trust for HOA fees in excess of
$100.00.
Comply with purchase price requirements per the
agreement.
Pay closing costs not to exceed six thousand
dollars $6,000.00
12. Pay Air Quality Fee in the amount of one Beginning March 1, 2007, these fees will be
thousand five hundred eighty-eight dollars adjusted annually (until paid) using the
($1,588.00) per residential unit, and for Consumer Price Index (CPI) in accordance
institutional uses at a rate calculated by the with the agreement. Fees must be paid prior
Community Development Department. to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
13. 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.
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NO. REQUIREMENT STATUS
14. Agreement to cast affirmative ballots for Formation of a Landscape Maintenance
formation of one or more assessment districts for District is in process.
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.
15. Payment of all City capital improvement and Developer is in compliance with all
processing fees. requirements at this time. Fund review
ongoing.
16. Payment of Los Angeles Avenue Area of Fees must be paid prior to issuance of
Contribution (AOC) Fee. Zoning Clearance for Building Permit. No
Building Permits have been issued. _
17. Payment of seventy thousand dollars Must be paid prior to approval of Final Map.
($70,000.00) to satisfy Mitigation Measures 2, 5, The fee has not yet been paid.
and 11 for open space acquisition and
maintenance, and habitat restoration and
preservation.
18. Street improvements for North Hills Parkway To be included with project improvement
designed and constructed for a 50-year life. plans.
19. Acquire property needed to improve and make Modification No. 3 to the VTTM was
improvements to Walnut Canyon Road approved by the City Council on March 18,
consistent with Conditions of Approval for 2015, which requires completion of these
Tentative Tract 5130. improvements prior to issuance of the
certificate of occupancy for the 1st dwelling
unit, or March 18, 2017, whichever comes
first.
20. Agreement to pay any fees and payments Developer is in compliance with all
pursuant to this Agreement without reservation. requirements at this time.
21. 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.
22. As part of the North Hills Parkway improvements To be installed prior to the first residential
required for this project, landscaping and a occupancy.
decorative masonry wall shall be provided along
the north side of the North Hills Parkway right-of-
way to the satisfaction of the Parks and
Recreation Director and Community
Development Director to screen public views of
the Water and Sanitation District facility.
23. Provide cash deposit for costs related to On September 15, 2004, Moorpark 150
formation of Community Facilities District. LLC. submitted a $100,000.00 cash deposit
to cover the costs for the creation of the
Community Facilities District. This CFD has
been formed, but is not currently expected
to be used to finance the improvements
associated with this project. There is
currently a $36,496.41 balance in this fund.
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•
NO. REQUIREMENT STATUS
24. 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
after compliance with all legal requirements. date.
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 nine
(9) 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 No early grading permit has been
grading permit. requested to date.
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 On September 21, 2005, the Honorable
Community Facilities District formation and incur City Council approved the formation of a
bonded indebtedness. Community Facilities District for this
project however, bonds have not been
issued nor have taxes been levied in
association with this district.
7. Agreement to appoint affordable housing staff The Economic Development and Housing
person to oversee the implementation of affordable Manager oversee affordable housing
housing requirements. requirements.
Agreement to respond within thirty (30) days on
acceptance or rejection of proposed affordable
housing unit per subsection 6.11.
Agreement that Developer may construct rather than
purchase affordable housing units required per
subsection 6.11.
8. Agreement to allow for a variation of five feet (5') Any such requests would have to be
maximum in the grades as shown on the Grading processed as Permit Adjustments subject
Plan exhibit, subject to approval of the Community to the approval of the Community
Development Director/City Council that the overall Development Director.
design and visual quality would not be significantly
affected.
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NO. REQUIREMENT STATUS
9. 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.
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 CV Urban Land, LLC, (DBA City Ventures), has, to
date, complied in good faith with the terms and conditions of the agreement.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Accept the Community Development Director's report and recommendation, on
the basis of substantial evidence, that CV Urban Land, LLC, (DBA City
Ventures), 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 Map
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