HomeMy WebLinkAboutAGENDA REPORT 2008 0903 CC REG ITEM 10OITM4 10. ot aaux��
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CRY Council Meeting
of 17-3-01009
MOORPARK CITY COUNCIL BY.
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared B t�
p y Joseph R. Vacca, Prin pal Plann
DATE: August 19, 2008 (CC Meeting of 9/3/2008)
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 has 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.
Honorable City Council
September 3, 2008
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 April 18, 2007, 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 2007. Resmark Equity Partners, LLC has submitted the necessary application form,
related materials, and fee /deposit for the 2008 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 anticipated by the end of September 2008.
• 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.
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
free and clear of liens and encumbrances.
dedicated upon recordation of the Final
Ma D.
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Honorable City Council
September 3, 2008
Page 3
NO.
REQUIREMENT
STATUS
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
Agree ent - 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.
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.
Irrevocable offer of dedication of Lot 263, for
Included on recorded Final Map.
(a)
permanent open space preservation purposes
on the first Final Map.
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Honorable City Council
September 3, 2008
Page 4
NO.
REQUIREMENT
STATUS
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 and second
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, 2008. These future annual
payments have been included in the HOA
bud et.
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).
12.
Pay Air Quality Fee in the amount of one-
These are 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 Building Permit to date.
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Honorable City Council
September 3, 2008
Page 5
NO.
REQUIREMENT
STATUS
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
security have been completed and permits
Miti ation Measure #4.
have been issued 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.
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. This fee was
measures. Payment of twenty- thousand
paid on October 28, 2005.
($20,000) to satisfy Public Services and Utilities
Miti ation 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
im rovements are complete.
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Honorable City Council
September 3, 2008
Page 6
NO.
I REQUIREMENT
STATUS
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
2.
4928 (County Club Estates). Maintenance to be
applicant on the final trail design and
the responsibility of the property owners
construction, as required in the amended
association(s).
im lementation plan.
24.
Agreement to pay any fees and payments
Developer is in compliance with all
3.
pursuant to this Agreement without reservation.
requirements at this time.
25.
Agreement to comply with requirements for
To date, the applicant has complied with
4.
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
5.
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
6.
Final Map, whichever is later.
Open Space Easement Grant Deed was
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.
Citv 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.
applic ation 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.
3.
Agreement to authorize the City Manager to sign
An early grading agreement was executed
an early grading permit.
b 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
rovisions 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.
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Honorable City Council
September 3, 2008
Page 7
#
REQUIREMENT
STATUS
7.
Agreement to appoint affordable housing staff
The Senior Management Analyst in the
person to oversee the implementation of
Assistant City Manager's Office oversees
affordable housing requirements.
affordable housing requirements.
8.
Agreement to allow for a variation of five (5') 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
prior 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.
STAFF RECOMMENDATION
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
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MERIL71 N .HILLS
IN THE CITY OF MOORPARK
TRACT No. 5187 AND 5405
W I W
TR 5187 -2 TR 5187
UNIT 2 I INIT
i
CC ATTACHMENT 2
I LEGEND
I 0
MONITOR POINTS
i A
ASHFORD
•
MARQUIS
ASHFORD MODELS (11 LOTS)
I ,AT`1'R
MARWIS MODELS (105 LOTS)
W1I110
UNIT BOUNDARY LINE
LETTERED LOT BOUNDARY
1
MANUFACTURCO SLOPES
LETTERED
TRACT N0,
LOTS
5187 -1
10
PORPOS
A
REC LOT (POOL)
B
STREET
1 �C
D
STREET
COMMON AREA LANDSCAPE (HOA)
E
F
STREET
COMMON AREA LANDSCAPE (HOA)
C
5187 -2 -NOI SHOWN
H
LANDSCAPE EASEMENT TO CITY
I
J
CAITRANS ROW DEDICATION
COMMON AREA LANDSCAPE (HOA)
K
STREET
L
M
STREET
STREET
N
STREET
0
STREET
P
0
VCWPD BASIN
NPDES BASIN 12
R
REC LOT (101 LOT)
S
NPDES BASIN IT
r 1
CONSERVATION EASEMENT AREA
TRACT NO,
5187 - -2
i L I T
PURPOS
1 / A
REC LOT (TENNIS)
B COMMON AREA LANDSCAPE (HQA
/ C COMMON AREA LANDSCAPE HOA
U STREET
E STREET
F STREET
G STREET
H STREET
I SIREEI
J STREET
K WATER TANK PAD
L TRAILIIEAD
M COMMON AREA LANDSCAPE (HOA)
TRACT NO 5405
yQT PVRPOS
A LMD- PLANIING
8 LMD- PLANIINO
C LMO -NPDES PUNTING
0 CALTRANS ROW DEUICAHON
TRACT 5187 - UNIT 1 3
NO, Of LOTS: 101
NO. OF LETTER LOTS: 20
TRACT 5187 - UNIT 2 a
NO. Of LOTS: 117
N0. Of LETTER LOTS: 11
TRACT 5405
NO. OF LOTS: 17 ?-
NO. OF LETTER LOTS: J "
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Street Name g
ExhibitL
November 2, 2005.
a3
Development Agreement Annual Review Application Response
RPD 99 -01, TTM 5187
August 12, 2008
1) Report of those aspects of the agreement completed prior to this review.
• ORA Ashford 94, LLC; ORA Marquis 89,LLC; ORA Brighton 17, LLC
(Resmark) 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 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
• Paid outstanding processing costs related to preparation of the Development
Agreement, project approval and EIR.
• Council approval of revised implementation plan
• Conduct erosion control, implement best management practices and maintain
SWPPP manual
• 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.
• Completion of Meridian Hills Drive
• Completion of regional flood control basin
• Completion of LMD landscaping on lots D & J.
• Completion of LMD lots Q, S, F & M.
• Completed DG trail above lot Q
• Added gates per City request
2) Report on progress made toward completion of all other aspects of the
agreement during period prior to this review.
• Since the last update, the transfer (sale) of 183 lots in Tract 5187 & 17 lots in
Tract 5405 was completed from William Lyon Homes to ORA Ashford 94, LLC;
ORA Marquis 89,LLC; ORA Brighton 17, LLC.
• Implementation plan amended and transferred to ORA Ashford 94, LLC; ORA
Marquis 89,LLC; ORA Brighton 17, LLC Approved by City Council in May
2008.
• Owner working with city staff to approve final R &R for final paving cap on all
streets with occupied homes.
• Owner working with city staff and adjacent homeowner (Peters) to approve final
plans for public multi -use trail.
• Commencement of plan check and bid for private recreation facility as requested
by HOA.
CC ATTACHMENT 3
• William Lyon Homes, Inc. working with Peters to approve plans for Peters'
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.
• Dust and erosion control measures are in full effect.
• $25,000 deposit from ORA Ashford 94, LLC; ORA Marquis 89,LLC; ORA
Brighton 17, LLC to City of Moorpark has been paid in full.
• The property has been brought into full compliance with the adopted Fuel
Modification plan, owner seeking compliance certification from fire jurisdiction.
• Existing wood fencing has been removed from project.
• Existing street lighting plans have been reviewed by the City Engineer and are per
the approved plans.
• Many landscape mitigation areas are complete and ready to start the 5 year
monitoring program
• Submitted for plan check Bio Swale are for Tract 5405, will construct once wall is
approved
• Working with City staff to complete R &R work for final paving on streets with
occupied homes
• Landscaping contracted for Tank Site location
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