HomeMy WebLinkAboutAGENDA REPORT 2009 0318 CC REG ITEM 10F 7 7
CITY OF INIOORP/lRK,City Council Council Meeting
Of 09
ACTION:.
MOORPARK CITY COUNCILOW,
AGENDA REPORT �� t= ---
TO: Honorable City Council
FROM: David A. Bobardt Planning Director
Prepared By: Joseph R. Vacca, Principal Plann
DATE: March 2, 2009 (CC Meeting of 3/18/2009)
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 250 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.
OOOJL79
Honorable City Council
March 18, 2009
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. On September 3, 2008, the City
Council accepted the Community Development Director's report and recommendation that,
on the basis of substantial evidence, William Lyon Homes, Inc. had complied in good faith
with the terms and conditions of the Agreement, and deemed the annual review process
complete for 2008. Resmark Equity Partners, LLC has submitted the necessary
application form, related materials, and fee/deposit for the 2009 annual review. The
Planning 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 have 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.
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.
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Honorable City Council
March 18, 2009
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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
free and clear of liens and encumbrances. dedicated 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) using the Consumer Price Index (CPI) in
per residential unit and thirty-five-thousand accordance with the agreement. Fees must
three-hundred twenty-five dollars ($35,325) per be paid prior to issuance of Zoning
gross acre of institutional land. Clearance 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 accordance with the agreement. Fees must
eighty dollars ($19,080) per acre of institutional be paid prior to issuance of Zoning
land. 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
land. Clearance 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 accordance with the agreement. Fees must
square foot of each building used for be paid prior to issuance of Zoning
institutional purposes. Clearance for Building Permit. This fee has
been collected with all Zoning Clearances
for Building Permit to date.
8. Prior to Final Map recordation, confirmation If determined necessary, these
from Ventura County Waterworks District No. 1 improvements will be included in the Water
that sufficient recycled water is available to Works District No. 1 improvement plan
serve public and community owned landscape package and will be bonded for prior to
areas. Design and construction of facilities recordation of the Final Map. At the present
required to deliver the reclaimed water to the time, no connection points exist within the
project, and payment of any connection/meter vicinity of the project.
fees required by the District.
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March 18, 2009
Page 4
NO. REQUIREMENT STATUS
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 Ci
10. Irrevocable offer of dedication of Lot 263,for Included on recorded Final Map.
(a) permanent open space preservation purposes
on the first Final Map.
10. Annual Payment of ten-thousand dollars Payment of this fee commences
(b) ($10,000) for permanent management, concurrently with recordation of the final
maintenance, and mitigation monitoring for map, and annually thereafter on the
open space Lot 263. The HOA shall be anniversary of the recordation date, which
responsible for this perpetual obligation. was October 26, 2006. The first three
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, 2009. These future annual
payments have been included in the HOA
budget.
10. Grant conservation easement to retain Lots Included on recorded Final Map.
(c) 254,'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
the 50th unit. completed. On November 15, 2007, the
developer paid the$236,667.53 in-lieu fee
for three units required prior to occupancy of
Prior to occupancy of the first residential unit, the 50th unit.
the developer will enter into an Affordable
Housing Agreement with the City, and pay the The Affordable Housing Agreement was
direct costs for preparation of the agreement up executed by the applicant and the city and
to seven-thousand five-hundred dollars recorded on December 15, 2006.
($7,500).
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Honorable City Council
March 18, 2009
Page 5
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 using the Consumer Price Index (CPI) in
($1,444) per residential unit, and for institutional accordance with the agreement. Fees must
uses at a rate calculated by the Community be paid prior to issuance of Zoning
Development Department. Clearance 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,
construction responsibilities. 2004. 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
formation of one or more assessment districts and a Landscape Maintenance District
for maintenance of parkway and median formation petition for the formation of an
landscaping and street lighting, including but not Assessment District has been reviewed and
limited to all water and electricity costs. approved by the City Council to inaugurate
Agreement to form property owners an Assessment 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. Fund review
ongoing.
17. Payment of Los Angeles Avenue Area of Fees must be paid prior to issuance of
Contribution (AOC) Fee. Zoning 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 Tract 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 has indicated the basin is going to
be accepted by VCWPD within the second
quarter of 2009 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).
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Honorable City Council
March 18, 2009
Page 6
NO. REQUIREMENT STATUS
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.
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
measures. Payment of twenty-thousand were collected on October 28, 2005 and
($20,000) to satisfy Public Services and Utilities paid in full 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
Canyon Road frontage of the property to Adjustment No. 2 approved November 19,
connect to the trail constructed by Tract No. 2004. Staff continues to work with the
4928 (County Club Estates). Maintenance to be applicant on the final trail design for
the responsibility of the property owners connecting to Tract No. 4928, (County Club
associations . Estates).
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.
# 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 developers 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
im rovements.
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Honorable City Council
March 18, 2009
Page 7
# REQUIREMENT STATUS
3. Agreement to authorize the City Manager to sign An early grading agreement was executed
an early grading permit. by the City Manager in August 2004.
4. Agreement to process concurrently, whenever Entitlement applications for the affordable
possible, all land use entitlements for the same housing project were processed
roe so long as deemed complete). concurrently.
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 for recorded April 27, 2004; and a conservation
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
person to oversee the implementation of oversees affordable housing requirements.
affordable housing requirements.
8. Agreement to allow for a variation of five (6)feet To date, no such request has been
maximum in the grades as shown on the Grading received.
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
developer of any costs incurred that be subject to received.
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
rior to approval of the first final map.
11. Agreement that affordable unit Development Fee These fees have been included in
shall be three-thousand dollars ($3,000) per unit; Conditions of Approval of the affordable
Park Fee shall be three-thousand six-hundred housing development. A request for 17
dollars ($3,600) per unit, and Air Quality Fee shall affordable units has been approved and is
be five-hundred dollars $500 per unit. currently in 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 Planning 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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Honorable City Council
March 18, 2009
Page 8
STAFF RECOMMENDATION
1. Accept the Planning 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
a
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--- -- -- -- -- -- SITE PLAN
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o CC ATTACHMENT 2
resmark
Investing in building relationships
February 18, 2009
Mr. Joe Vacca
City of Moorpark
799 Moorpark Road
Moorpark, CA 93021
RE: Meridian Hills Tract 5187 Annual Development Agreement
Review for 2008
Dear Joe,
Per your request, enclosed please find the completed application and
narrative response.
As you know, much of our work to date has been focused on
completing the 44 items listed on the revised Implementation Plan.
We believe all these items to be complete with the exception of the
multi-use trail on the Peter's property which is currently being
negotiated by William Lyon Homes and the Peter's attorney as well as
the City of Moorpark.
Thank you _for your assistance. If you have any questions, please call
me at 310-474-8400 x205.
Sincerely,
Michael Badner
Resrnark Equity Partners
Vice President — Project Management
CC A 3
Resmark Equity Partners, LLC (310) 474-8400 phone
10880 Wilshire Boulevard, Suite 1420 (310) 474-8440 fax
Los Angeles, CA 90024 www.resmarklic.com
O00JL89
Development Agreement Annual Review Application Response
RPD 99-01, TTM 5187
February 18, 2009
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:
o General Plan Amendment
o 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 to
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
gp
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 radin 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 ace lots on the tract maps with use restrictions as
specifically defined in the DA or as agreed upon
00019-0
• Completion of widening improvements on Walnut Canyon Road and conversion
of overhead utilities to underground.
• Completion of Meridian Hills Drive
• Completion of LMD landscaping on lots D& J.
• Completion of LMD lots Q, S, F& M.
• Transfer(sale) of 183 lots in Tract 5187 & 171ots in Tract 5405 was completed to
ORA Ashford 94, LLC.
• 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.
• Existing wood fencing has been removed from project.
2) Report on progress made toward completion of all other aspects of the
agreement during period prior to this review.
• 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 has been paid
• 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.
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.
None
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