HomeMy WebLinkAboutAGENDA REPORT 2012 0418 CC REG ITEM 10C ITEM 10.C.
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MOORPARK CITY COUNCIL `
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director.,
Prepared By: Joseph R. Vacca, Principal Plann ,
DATE: April 3, 2012 (CC Meeting of 04/18/2012)
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.
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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 6, 2011, 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 2011. Resmark Equity Partners, LLC has submitted the necessary
application form, related materials, and fee/deposit for the 2012 annual review. The
Community Development Director has reviewed the submitted information and the project
status and provides the following report.
DISCUSSION
Current Project 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.
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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
Building Permit to date.
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.
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NO. REQUIREMENT STATUS
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.
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 six 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, 2012. 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 plan check, and grading is partially completed.
the 50th unit. On November 15, 2007, the developer paid
the $236,667.53 in-lieu fee for three units
Prior to occupancy of the first residential unit,the 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.
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NO. REQUIREMENT STATUS
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.
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 and
Mitigation Measure#4. construction has been completed. The
applicant anticipates that the basin will be
accepted by VCWPD within the third or fourth
quarter of 2012 and all securities shall be
released at that time 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.
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NO. REQUIREMENT STATUS
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).
associations .
24. Agreement to pay any fees and payments Developer is in compliance with all
pursuant to this Agreement without reservation. requirements at this time.
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
Final Map, whichever is later.
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 grading permit. the City Manager in August 2004.
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NO. REQUIREMENT STATUS
4. Agreement to process concurrently, whenever Entitlement applications for the affordable
possible, all land use entitlements for the same housing project were processed concurrently.
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 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 Assistant City Manager's Office oversees
person to oversee the implementation of affordable housing requirements.
affordable housing 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.
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 $500 per unit. I 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.
FISCAL IMPACT
None
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STAFF RECOMMENDATION
1. 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 annual review process complete.
ATTACHMENTS:
1. Location Map
2. Site Plan
3. Narrative
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Development Agreement Annual Review Application Response
RPD 99-01, TTM 5187 TTM 5405
March 14, 2012
1) Report of those aspects of the agreement completed prior to this review.
• Acquisition of approximate 2 -Acre site for the construction of affordable
homes
• Submittal of application, fees, and required materials to entitle the affordable
housing site:
• General Plan Amendment
• Zone Change
o RPD Permit
o Tentative Tract Map
• William Lyon Homes, Inc. has enlisted the services of professional engineers
and consultants to conduct the development of the project in timeframes
compliant with the Development Agreement.
• Coordinate with several agencies in conducting this work that includes the City
of Moorpark, Cal Trans, Ventura County Watershed Protection Agency
(formerly, VCFCD) and Water Works District No. 1. All work is being conducted
Jo comply with requirements of the Development Agreement and the
Conditions of Approval for TTM 5187
• We successfully entitled TTM 5405 in fulfilling the affordable housing
requirements outlined in the Development Agreement.
• Initiate Release Upon Transfer prior to the close of escrow
• Paid outstanding processing costs related to preparation of the Development
Agreement, project approval and EIR.
• Processing and recordation of the conservation easement for the open space
lot 263 per TTM 5187. Provide design and commence complete landscape
and drainage plans for lot 253 (trail staging area)
• Approval GPA, ZC, RPD and TTM by Planning Commission and City Council for
the affordable housing site (TTM 5405). Submit all final map and
improvement plans into plan check in October, 2003
• Incorporate design of public trail system into improvement and landscape
plans submitted into plan check
• Council approval of construction implementation plan
• Execution of early grading agreement, posting of bonds and commencement
of grading operations. Conduct erosion control, implement best management
practices and maintain SWPPP manual
• Execution of the Affordable Housing Implementation and Resale Restriction
Plan
• Pay and/or plan for fee escalations as outlined in the DA.
• Worked with city departments to form_ the required Landscape-Maintenance
District and coordinate responsibilities with HOA in CC&R's.
• Dedication of open space lots on the tract maps with use restrictions as
specifically defined in the DA or as agreed upon
CC ATTACHMENT 3
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• Completion of widening improvements on Walnut Canyon Road and
conversion of overhead utilities to underground.
• Completion of Meridian Hills Drive
• Completion of LIVID landscaping on lots D &J.
• Completion of LIVID lots Q, S, F & M.
• Transfer (sale) of 183 lots in Tract 5187 & 17 lots in Tract 5405 was
completed to ORA Ashford 94, LLC.
• Pay annual $10,000 open space management fee. Payment now turned over
to HOA.
• Paid $300,000 mitigation monitoring fee.
• Paid $20,000 public services and utilities mitigation fees.
• Paid $236,667 in-lieu fee for three affordable units.
• Implementation plan amended and transferred to ORA Ashford 94, LLC.
Approved by City Council in May 2008
• $25,000 deposit from ORA Ashford 94, LLC to City of Moorpark was paid in
full in 2008.
• Existing wood fencing has been removed from project.
• Final paving cap has been completed on all streets with occupied homes.
• Sports Court Recreation area has been completed.
• Project's Multi-use trail has been completed per plan along Walnut Canyon
Road.
• Owner working with city staff and adjacent homeowner (Peters)to approve
final plans for public multi-use trail.
• William Lyon Homes, Inc. has completed the installation of the Peter's
driveway.
• Interim fence plan has been approved and is being installed around remaining
phases.
• Landscaping enhancements have been completed per plan. Owner working
with city staff to approve landscaping as-builts.
• Dust and erosion control measures are in full effect.
• $60,000 deposit from ORA Ashford 94, LLC to City of Moorpark was paid in
2009.
• The property is in full compliance with the adopted Fuel Modification plan.
• Tract 5405 Bio Swale, retaining wall and drainage facility has been
completed.
• V-ditches and grading has been complete per Implementation Plan.
• All mitigation areas have now been planted (and replanted as needed) per
plan including the new east/west gullies and Walnut Canyon North.
• VCWPD Basin P has been completed and is in the process of turnover to
VCWPD.
• Bonds have all been replaces in new owners name.
• Security fencing and no trespassing signs has been installed
• Monumentation and Centerline ties have been completed in areas of
occupied homes.
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• The Walnut Canyon basin has been turned over to the VCWPD for
maintenance. Mitigation landscaping within the basin is maintained by the
developer and ultimately the HOA.
2) Report on progress made toward completion of all other aspects of the
agreement during period prior to this review.
• Multi-use trail connection to Tract 4928 has been designed and initially
agreed to by all parties including both land owners and the City. During the
last City plan check, City requested the plan get submitted and reviewed by
the VCWPD. We are working through design revisions that VCWPD has
requested. We will start construction immediately upon approval from the City
of Moorpark.
• The City has completed the turnover walks with applicant for the landscape
portion of the LMD areas. City staff is preparing a final landscape punchlist
for acceptance. Once engineering completes their turnover walks and
punchlist, we hope to come to an agreement regarding turnover of the LMD
areas and opening of the trails to the public. The ORA entities continue to
maintain LMD landscaping, pay for water of LMD landscaping, maintain City
storm drain basins, and pay for electricity for the LMD streetlights within the
Meridian Hills project while awaiting the City acceptance of these items.
• The owner continues to pay the City LMD fees on each property tax invoice.
• On 12-6-2010 applicant submitted bond exoneration and reduction requests
to the City for our$11,854,907 of outstanding bonds. We are awaiting a
response from the City.
• We are investigating the feasibility of hiring a contractor builder to build on a
portion of our lots (on behalf of the owners), with a goal to have models
started by early 2013. Bond exonerations and reductions are a key
component to securing financing for this project restart.
3) An explanation with supporting information of aspects of the agreement
where good faith compliance has not been achieved with proposals for a
corrective action to achieve such compliance.
N/A
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