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HomeMy WebLinkAboutAGENDA REPORT 1991 0821 CC REG ITEM 11CTO: FROM: DATE: MOORPARK ITEM 799 Moorpark Avenue Moorpark, Cali forni K, CA(BM=9 -6864 City I Meeting of o7� 1992 M E M O R A N D U M •�L� ACTT The Honorable City Council Patrick J. Richards, Director of. Community Development August 16, 1991 (CC Meeting of 8- 21 -91) SUBJECT: REQUESTED REVISION TO CONDITION OF APPROVAL FOR WESTLAND COMPANY TENTATIVE TRACT MAPS NOS. 4726 AND 4738 AND RESIDENTIAL PLANNED DEVELOPMENT PERMITS NOS. RPD -90 -2 AND RPD -90 -3 Background On August 7, 1991, the City Council adopted resolutions of approval for Tentative Tract Maps Nos. 4726 and 4738 and RPD Permits Nos. 90 -2, 90 -3, and 90 -4 for the Westland Company Residential Project. At the Council's August 14 meeting, the applicant requested an amendment to an approved condition of approval for these entitlement permits. The existing condition of approval (No. 35 for Tract 4726, No. 36 for Tract 4738, and No. 37 for RPD's 90 -2 and 90 -3) reads as follows: Prior to Final Map approval, the applicant shall make a contribution of $3,000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. Discussion The applicant's objection is that the language in Condition No. 36 for Tract 4738 that was approved by the Planning Commission included an exemption from the $3,000 traffic impact fee for the 90 affordable condominium units; and that this exemption language was deleted in the conditions of approval presented to the City Council. It is staff's recollection of the situation that the exemption language was a mistake. The consultant preparing the staff report conditions, The Planning Corporation, had included language allowing an exemption to the traffic impact fee for all affordable units in the administrative draft of the conditions, prior to the Planning Commission public hearing. Since the Affordable Housing Committee had not recommended any fee waivers for the Westland project, staff directed The Planning Corporation to delete all fee exemption language prior to the Planning Commission public hearing. The Planning Corporation inadvertently left the language in for Tract No 4738, but did delete it for PAUL W_ LAWRASON JR HERNAHDO M PERE 7 SCOTT MONT )ME R` HOY E TALLE Y . - JOHN E WOZNIAK Mayor Mayor Pro Ter Counciime-r rwf Councilm --e' Gouncilmernber � � 4 The Honorable City Council August 16, 1991 Page 2 RPD's 90 -2 and 90 -3 and Tract No. 4726 prior to the Planning Commission public hearing and adoption of resolutions. Since Tract No. 4738 and RPD's 90 -2 and 90 -3 cover the same project (the multi- family, condominium units), any fee that didn't have to be paid as a condition of the tract map did have to be paid as a condition of the RPD permits. When staff discovered that The Planning Corporation had not corrected their error for Tract No. 4738 in the Planning Commission conditions, they were directed to correct Condition No. 36 prior to the City Council public hearing. The traffic impact fee condition the City Council viewed and adopted for both tract maps is identified in the Background discussion in this report. No deceit was ever intended. Neither staff nor The Planning Corporation ever told the applicant that payment of the $3,000 fee per unit would be credited towards their required Los Angeles Avenue Area of Contribution (AOC) requirement. Because of the confusion regarding payment of the $3,000 per unit traffic impact fee, staff is suggesting that the Council may want to consider four different options t.o resolve this issue. These options are described below. Option 1: Make no change to the condition requiring payment of the $3,000 per unit traffic impact fee. Recent tract maps approved by the City, including Tract 4620 (JBH) and 4652 (Guny), have been conditioned to pay the $3,000 per unit fee. Option 2: A second option would be to delete the requirement for the $3,000 fee per unit and instead require the execution of a covenant similar to that imposed for Tract 4338, Mountain Meadows West Village. The applicable condition imposed for Tract 4338 is as follows: Prior to Final Map approval, the developer shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns as subdivider/ developer agreeing to participate in the formation of an assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. (This condition shall not apply to future homeowners.) The Honorable City Council August 16, 1991 Page 3 Staff has requested the City Attorney's review of the above condition, and her response is expected prior to the August 21 meeting. Staff's main concern is that the developer be precluded from selling the land to itself or a subsidiary company, etc. , to avoid payment of a traffic mitigation fee. If this option is selected, staff would recommend adding language to the above condition which specifies that if such a fee is adopted, it would be collected prior to occupancy (final building permit approval) . The Council may wish to consider allowing the above covenant language only for those affordable units within the project and require payment of the $3,000 per unit fee for all market-rate units. Option 3: As a third option, the Council may consider exempting all of the project's affordable units from payment of any traffic mitigation fee, or just the affordable condominium units could be exempted. Option 4: As a fourth option, the Council could decide to not revise the approved condition of approval requiring payment of the $3,000 fee for all units. However, the Affordable Housing Agreement could be revised to allow the applicant to increase the cost of the affordable units by $3,000 to offset this requirement. If a change is made, staff prefers this option. Recommendation Direct staff to work with the applicant to amend the Affordable Housing Agreement to allow the cost of the affordable units to be increased to offset the $3,000 traffic mitigation fee requirement. No changes to the conditions of approval would be required. PJR/DST