HomeMy WebLinkAboutAGENDA REPORT 2007 0418 CC REG ITEM 10KMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: Joseph R. Vacca, Principal Planne
DATE: March 27, 2007 (CC Meeting of 4/18/07)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with West Pointe Homes, Located on the
West Side of Walnut Canyon Road, Approximately 3,500 Feet North of
Casey Road, on the Application of 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. William Lyon
Homes, Inc. has purchased the property, and as successor in interest they are responsible
for compliance with the terms of the agreement.
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 November 1, 2006, 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
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Honorable City Council
April 18, 2007
Page 2
with the terms and conditions of the Agreement, and deemed the annual review process
complete for 2006. William Lyon Homes, Inc. has submitted the necessary application
form, related materials, and fee /deposit for the 2007 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 nearly completed and tract improvements are underway where
finished pads exist.
• Final Maps have been approved by City Council.
• Model homes with internal sales offices have been completed and released for
temporary occupancy.
• Construction of the first phase of production housing has been completed and final
occupancy has been granted for twenty five units. Phase Two, consisting of thirty -
three units, is currently under construction.
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 .
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.
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April 18, 2007
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NO.
4.
5
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7
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10
(a)
REQUIREMENT
Payment of "Citywide Traffic Fees' of four -
thousand four - hundred twenty dollars ($4,420)
per residential unit and nineteen - thousand
eighty dollars ($19,080) per acre of institutional
land.
Payment of "Community Service Fees" of two -
thousand thirty dollars ($2,030) per residential
unit and six- thousand four - hundred twenty-eight
dollars ($6,428) per gross acre of institutional
land
Payment of all outstanding processing costs
Payment of a fee in lieu of park dedication "Park
Fee" of nine - thousand dollars ($9,000) per
residential unit and fifty cents ($0.50) per
square foot of each building used for
institutional purposes.
Prior to Final Map recordation, confirmation
from Ventura County Waterworks District No 1
that sufficient recycled water is available to
serve public and community owned landscape
areas. Design and construction of facilities
required to deliver the reclaimed water to the
project, and payment of any connection /meter
fees required by the District.
Greenbelts, open space areas, landscape areas
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.
Irrevocable offer of dedication of Lot 263, for
permanent open space preservation purposes
on the first Final Mao
STATUS
These fees are adjusted annually (until paid)
using the State Highway Bid Price Index in
accordance with the agreement. Fees must
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.
These fees are adjusted annually (until paid)
using the Consumer Price Index (CPI) in
accordance with the agreement Fees must
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.
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.
These fees are adjusted annually (until paid)
using the Consumer Price Index (CPI) in
accordance with the agreement. Fees must
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.
If determined necessary, these
improvements will be included in the Water
Works District No 1 improvement plan
package and will be bonded for prior to
recordation of the Final Map. At the present
time, no connection points exist within the
vicinity of the project.
Included on recorded Final Map.
Included on recorded Final Map
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Honorable City Council
April 18, 2007
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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 installment
of $10,000 has 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, 2007. 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 165'h residential unit
Staff is currently working with the applicant
the developer shall improve the trail staging
on the requirement for this item.
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 underway. It is
the 50`h unit.
the developer's intent to pay the ($70,000)
in -lieu fee for three units which shall be
collected prior to occupancy of the 50 " unit.
Prior to occupancy of the first residential unit,
This fee will be adjusted annually (until paid)
the developer will enter into an Affordable
using the Consumer Price Index (CPI) in
Housing Agreement with the City, and pay the
accordance with the agreement. The
direct costs for preparation of the agreement up
Affordable Housing Agreement was
to seven - thousand five- hundred dollars
executed by the applicant and the city and
($7,500).
recorded on December 15, 2006.
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.
13.
Submittal and approval of an Implementation
The implementation plan was approved by
Plan to address requirements for phasing and
the City Council on July 7, 2004.
construction responsibilities.
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.
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Honorable City Council
April 18, 2007
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NO.
REQUIREMENT
STATUS
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
the actual preparation of an Assessment
association(s) to provide landscape, street
District.
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
Mitigation 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 165'h 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
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
im rovements are nearly 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 throughout
the responsibility of the property owners
construction.
association(s).
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 Pro ram.
Program requirements. _�
Honorable City Council
April 18, 2007
Page 6
NO.
REQUIREMENT
STATUS
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.
2.
31, 2004 or approval of the first phase of the
To date, no such request has been
Final Map, whichever is later.
received.
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
improvements.
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 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.
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Honorable City Council
April 18, 2007
Page 7
#
REQUIREMENT
STATUS
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 Community Development Director has determined that, on the
basis of substantial evidence, William Lyon Homes has to date complied in good faith with
the terms and conditions of the agreement.
STAFF RECOMMENDATION
Accept the Community Development Director's Report and recommendation, and
find, on the basis of substantial evidence, that William Lyon Homes, Inc. 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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000145
Development Agreement Annual Review Application Response
RPD 99 -01, TTM 5187
April 5, 2007
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
• RPD Permit
• 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
Agreement, project approvals 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.
CC ATTACHMENT 3 000146
• Worked with city departments to form the required Landscape Maintenance
District and coordinate responsibilities with I-IOA 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.
• Completion of widening improvements on Walnut Canyon Road and conversion
of overhead utilities to underground.
2) Report on progress made toward completion of all other aspects of the agreement
during period prior to this review.
• Since the last update, we have continued land development operations and design
and plan check specific areas in project.
• Pay and/or plan for fee escalations as outlined in the DA.
• Completion of Meridian Hills Drive.
• Substantial completion of the regional flood control basin.
• Completion of LMD landscaping on lots D & J.
• Partial completion of LMD lots Q, S, F & M.
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