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HomeMy WebLinkAboutAGENDA REPORT 2013 0417 CCSA REG ITEM 10C ITEM 10.C. MOORPARK CITY COUNCILACTIP-N�- ��- AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Director Prepared By: Joseph R. Vacca, Principal Planner DATE: March 6, 2013 (CC Meeting of 4/17/2013) 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 Tract No. 5130/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. While the entity which owns the subject property and which is a party to the Development Agreement has not changed, there has been a change in the management of that entity. Prior to December, 2006, 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. 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, (DBA City Ventures), acquired the property and all project entitlements, and is the current owner. 249 Honorable City Council April 17, 2013 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. This is the ninth annual review of this Development Agreement. Bill McReynolds, of CV Urban Land, LLC, (DBA City Ventures), has submitted the necessary application form, related materials, and fee/deposit for the 2013 annual review. The Community Development Director has reviewed the submitted information and 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. • Efforts to obtain right of entry permission for work on Walnut Canyon Road are complete. • All of the twenty (20) required temporary construction easements have been obtained; • All of the thirteen (13) necessary sidewalk easements have been obtained and; • All of the six (6) required storm drain easements have been obtained from homeowners along that street. • Caltrans plans for work in the state right-of-way along State Route 23, have been approved and an encroachment permit for the required work has been issued and all necessary permits for construction were in place. However, the permit has expired and the developer will have to reapply for a new permit. • Communications with city staff on affordable housing options continue. • Necessary weed abatement and erosion control efforts have been maintained on site. • Processing of the Landscape Maintenance District is nearly complete. • A Community Facilities District for the project has been tentatively approved by the City Council but has not yet been formed. • On November 19, 2008, the City Council approved Modification No. 1 to Residential Planned Development No. 1998-02 and Tentative Tract Map 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. 250 \\DC1\Department Share\Community Development\ADMIMAGMTS\D A\1998-03 SunCal\Agenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 3 • On April 6, 2011, the City Council approved Modification No. 2 to Tentative Tract Map 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 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. Due to the recent acquisition of the project by City Ventures, and the short timeframe in which to comply with the timing of this 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 anticipates requesting an updated timeline for completion with a new Residential Planned Development, (RPD) Permit application, which they anticipate filing in April 2013, (more information provided below). • A slope failure occurred on vacant land within Tract 5130 property, (just off Valley Road), and the developer has completed grading to remediate the slope failure to the satisfaction of the City in 2011. • California Department of Fish and Game issued an extension to the existing Streambed Alteration Agreement— addendum in December 2011. • Residential Planned Development (RPD) No. 1998-02 expired on December 17, 2012. • City Ventures met with Dave Klotzle, Public Works Director/City Engineer on January 9, 2013 to determine what needs to be done for final approval of improvement plans and recordation of final map. • City Ventures met with Caltrans on January 29, 2013 to discuss how to re- activate Caltrans permits for work on completing required improvements to Walnut Canyon Road. • City Ventures contracted with Jensen Design & Surveying (Civil Engineer) to complete improvement plans and final map recordation. • City Ventures submitted the tenth submittal of improvement plans on March 28, 2013, to the City Engineer; and has indicated that the proposed Final Map will be submitted to Ventura County in April, 2013. City Ventures believes that these will be the final submittals for both the Improvement Plans and Final Map. • City Ventures contracted with Glenn Lukos Associates to re-activate United States Army Corp of Engineers, California Regional Water Control Board and California Department of Fish and Game jurisdictional permits for the project. • On February 20, 2013, City Ventures and William Hezmalhalch Architects met with Joseph Vacca and David Bobardt to discuss the previous RPD permit and the process for submitting a new RPD permit application. 251 SACommunity DevelopmenAADMIMAGMTS\D A\1998-03 SunCal\Agenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 4 • City Ventures plans on submitting conceptual architecture to the City of Moorpark for review, using the previous RPD as a detailed guideline, on or before April 26, 2013. 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. 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. 252 \\DC 1\Department Share\Community DevelopmenhADMIMAGMTS\D A\1998-03 SunCalWgenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 5 NO. REQUIREMENT STATUS 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, O 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 s ace 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. 11. Provide five (5) four (4) bedroom and two bath This obligation may be met by a ratio of one and two (2) three (3) bedroom and two (2) bath and one-half (1-1/2) attached for sale units single-family detached units with a minimum of for each required detached single-family 1,200 sq. ft. for low income (80 percent of or less unit. of medium income) Provide four (4) four (4) bedroom and two bath No fees have been collected to date for and one (1) three (3) bedroom and two (2) bath affordable housing activities. single-family detached units with a minimum of 1,200 sq. ft. for very low income (50 percent of or 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 50th 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 253 \\DC1\Department Share\Community Development\ADMIMAGMTS\D A\1998-03 SunCaRAgenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 6 NO. REQUIREMENT STATUS 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. 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 first Final ($70,000.00) to satisfy Mitigation Measures 2, 5, Map. The fee has not yet been paid. and 11 for open space acquisition and maintenance, and habitat restoration and reservation. 18. Street improvements for North Hills Parkway To be included with project improvement designed and constructed for a 50-year life. plans. 254 \\DC1\Department Share\Community Development\ADMIMAGMTS\D A\199M3 SunCal\Agenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 7 NO. REQUIREMENT STATUS 19. Acquire property needed to improve and make On April 6, 2011, City Council approved improvements to Walnut Canyon Road Modification No. 2 to Tract Map No. 5130, to consistent with Conditions of Approval for change timing language on construction of Tentative Tract 5130. roadway improvements to Walnut Canyon Road and overlaying of pavement on Wicks Road. Improvements must be completed to the satisfaction of City Engineer/Public Works Director, prior to issuance of a Certificate of Occupancy for the 1st dwelling unit or April 11, 2013, whichever comes first. Due to the recent acquisition of the project by City Ventures, and the short timeframe in which to comply with the timing of this 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 will comply with the conditions; and anticipates requesting an updated timeline for completion with a new Residential Planned Development, (RPD) Permit application, which they anticipate filing in April 2013. 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. Install six-foot (6) to eight-foot (8') high To be installed prior to the first residential decorative masonry wall and landscaping north occupancy. of the right-of-way of proposed North Hills Parkway, subject to approval of Ventura County Waterworks District No. 1, Community Development Director and City Engineer. 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. 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. 255 SACommunity Development\ADMIMAGMTS\D A\1998-03 SunCal\Agenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 8 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 Redevelopment Manager oversees person to oversee the implementation of affordable affordable housing requirements. housing 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. 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, except not meeting the timing deadline of conditions of approval for improvements to Walnut Canyon Road and Wicks Road, as discussed in the report. 256 SACommunity Development\ADMIN\AGMTS\D A\1998-03 SunCal\Agenda Reports\cc 13_0417.doc Honorable City Council April 17, 2013 Page 9 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 3. Narrative by Bill McReynolds, of CV Urban Land, LLC, (DBA City Ventures). 257 \\DC1\Department Share\Community Development\ADMIMAGMTS\D A\1998-03 SunCaRAgenda Reports\cc 13_0417.doc l_ Y ' q �sRINOW� ,���l111 �1!!11111111��1111111113'lllll ��'�/ �% �!w1� .�► , :�1 11�. 1111 %�����,,;1���1�'\I■I���■� , asal-r-acr �_�� DRAINAGE EASEMENT NORTH HILLS PARKWAY (FUTURE) EASEMENT FOR STROM GRAN PURPOSES To THE CITY TO TIE CITY OF MOORPARK of Ma]RPARK TRAGT NO• 5 130 WALNUT ION) �� NORTH HILLS p (oeacAnoN) ARKwAr IN THE CITY OF MOORPARK W 90 91 92 93 94 = 1 2 t08 109 110 COUNTY OF VENTURA, CALIFORNIA A PORTION OF TRACTS NO. I b 2 OF M.L. WICKS, 89 / ORTH PASS PLAC a PLATEAU PLACE 3 I N2 SUBDIVISION (5 M.R. 3-7) AND A PORTION OF LOTS "U" AND I x — �( 0 "V" OF TRACT "L" OF RANCHO SIMI (5 M.R. 5) 88 97 96 9s S 107 106 105 1 4 \ l z NOVEHBM 2003 87 0� 98 5 A=A I I ESE 99 100 101 102 103 104 go III 86 PUE SSE LSE PuE 85 CROSSROADS �;ORIVE� III / C LSE 84 69 68 67 66 65 64 63 X62 7 83 70 K 6 EASEMENT FOR ACCESS PURPOSES TO THE CITY OF 82 1 71 55 56 57 58 59 60 61 / 9 MOORPARK 0 72 54 uE I /WALNUT 81 SOUTH LOOK DRIVE 10 / CANYON ROAD 73 53 PUE PUE 80 / (DEDICATION) 80 o 22 21 20 19 18 17 11 74 52 0: '^ / 16 W TO 12 TO DRAINAGE EASEMENT 79 23 / MOORPARK 75 S1 78 � 24 15 13 0 77 I 76 50 14 EASEMENT FOR STORM K1 DRAIN PURPOSES P N1 _ 25 to THE CITY OF MOORPARK f�n 42 49 \ 1` m / 8 �� PuE d 26 PEN SPACE EASEMENT TO Z V 38 39 40 41 ; 43 48 1- C (SEE SHEET I2) �\ �i H 1 \ WEST RIM CIRCLE N O90 44 47 PuE 27 36 35 34 466 37 33 45 BUPA OR 28 I A J DRAINAGE 32 29 — / I EASEMENT T$ 31 30 / I D ROAD / z / J�EASEMENT FOR STORM CASEY S \\ / / Z ROAD // tTO THE CITY OF N / MOORPARK f N Lyl City Ventures March 7, 2013 Joseph Vacca, Principal Planner City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: TTM 5130 Development Agreement Dear Mr.Vacca: On behalf of CV Urban Land, LLC (DBA, City Ventures) the new owners of the Moorpark at Vistas property,the following is a project update in accordance with the City's annual review process: • City Ventures entered into Purchase and Sale Agreement with Armed Forces Bank of Kansas City, Missouri on Wednesday, December 12, 2012. • The Residential Planned Development (RPD) No. 1998-02 for the Vistas at Moorpark expired on December 17, 2013. • City Ventures closed escrow on the Moorpark at Vistas on Friday, December 21, 2012. • City Ventures met with David Klotzle, Public Works Director/City Engineer on January 9, 2013 to determine what needs to be done to complete the improvement plans and final map recordation. • City Ventures met with Caltrans on January 29, 2013 to discuss how to re-activate Caltrans permits for work to Walnut Canyon Road. • On February 20, 2013 City Ventures and William Hezmalhalch Architects met with Joseph Vacca and David Bobardt to discuss the previous RPD and creating a new RPD. Los Angeles Santa Ana www.cityventLires.com San Diego San Francisco CC ATTACHMENT 3 260 • City Ventures contracted with Jensen Design &Surveying (Civil Engineer) to complete improvement plans and final map. The 101h submittal of improvement plans will occur on or before March 29, 2013. Final Map will be submitted to Ventura County and the City of Moorpark on April 5, 2013. It is believed that these will be the final submittals for both the Improvement Plans and Final Map. • City Ventures contracted with Glenn Lukos Associates to re-activate United States Army Corp of Engineers, California Regional Water Control Board and California Department of Fish and Wildlife jurisdictional permits. • City Ventures plans on submitting conceptual architecture to the City of Moorpark for review, using the previous RPD as a detailed guideline, on or before April 26, 2013. The design of the RPD will be a collaborative effort between the City of Moorpark and City Ventures to ensure compatibility with the previously approved design and that the best community is brought forward for review by the Planning Commission and City Council during the summer of 2013. Based on our new efforts at seeking approval and re-activation of the expired Caltrans and jurisdictional permits you will find that we are in compliance with all conditions set forth in the Development Agreement. Based on the fact that the Improvement Plans were not completed and that Caltrans permits expired, City Ventures will not be able to comply with Condition of Approval regarding that the improvements to Walnut Canyon Road (Caltrans Right-of-Way) are started before April 11, 2013. The Vesting Tentative Tract Map is set to expire on December 17, 2013. City Ventures'goal is to have the Final Map recorded in August, 2013 before the Vesting Tentative Tract Map expires. Along with the RPD City Ventures will be requesting an alternative date to the start the required that the start of the Caltrans work be extended to September 30, 2014. Please feel free to contact me if you have any questions or concerns. Sincerely, ,�Z# �_ Bill McReynolds Vice President of Development 261