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HomeMy WebLinkAboutAGENDA REPORT 2017 0503 CCSA REG ITEM 10K ITEM 10.K.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL ay: 4a.c+=--
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Economic Development and Planning Manager
DATE: April 27, 2017 (CC Meeting of 5/3/2017)
SUBJECT: Consider 2016 and 2017 Reports of Annual Development Agreement
(DA 2003-01) Review, Established in Connection with Ivy Lane (Tract
No. 5425), Located on the South Side of Los Angeles Avenue East of
Fremont Street, on the Application of Shea Homes
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 April 20, 2005, the Moorpark City Council adopted Ordinance No. 313 (effective May
20, 2005), approving Development Agreement 2003-01 between the City of Moorpark
and Shea Homes, Limited Partnership (Shea). The Agreement was approved in
connection with the Tract No. 5425/RPD No. 2003-02, a 102 unit single-family
residential development, located south of Los Angeles Avenue, east of Fremont Street.
Due to site constraints, the ultimate unit count of the RPD and Final Map was reduced
to 99 units. The Agreement remains in full force and effect for twenty (20) years from
the operative date of the Agreement (until May 20, 2025), or until the close of escrow on
the initial sale of the last Affordable Housing Unit, whichever occurs last. Since the last
Affordable Housing Unit has been sold, the Development Agreement will be considered
complete and this will be the final report.
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. The Community Development
Director has reviewed the submitted information and the project status and provides the
following report.
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May 6, 2015
Page 2
DISCUSSION
Current Project Status
• All 99 dwelling units have been completed and sold.
• Grading, street and storm drain improvements have been completed except for
the final asphalt cap.
• The Final Map has been approved by City Council and recorded in the Ventura
County Recorder's office.
• The Los Angeles Avenue widening improvements including the soundwall have
been completed.
• Improvements to Fremont Street have been completed except for the final
asphalt cap.
• Shea is preparing to repair Majestic Court and Moorpark Avenue, as well as cap
Edenbridge and the interior streets.-
• The LOMR-F for all phases is on file.
• Shea is completing the basin improvements and the storm drain line connecting
the Tract No. 5133 and Tract No. 5425 basins. The Tract No. 5133 basin will
• outfall to the Arroyo Simi. Shea is also accomplishing repair work in the Arroyo at
the request of the County.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development
Agreement and include twenty (20) 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 this Agreement, Developer is in compliance with all
Project Approvals, all Subsequent Approvals the requirements at this time.
Mitigation Monitoring and Reporting Program of
the Mitigated Negative Declaration and any
subsequent or supplemental environmental
actions.
2. All lands and interests in land shall be dedicated Granted at Final Map approval.
free and clear of liens and encumbrances.
3. Payment of "Development Fees" of Eight These fees are adjusted annually (until paid)
Thousand Eight Hundred Ninety-Five Dollars using the Consumer Price Index (CPI) in
($8,895.00) per residential unit and Forty accordance with the Agreement. Fees are
Thousand Twenty-Eight Dollars ($40,028.00) per collected prior to issuance .of Zoning
gross acre of institutional land. Clearances for Building Permits. Fees have
been collected for all 99 units. The fee as of
development of the final units (7/21/15) was
$9,021.29
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Honorable City Council
May 3, 2017
Page 3
NO. REQUIREMENT STATUS
4. Payment of "Citywide Traffic Fees" of Five These fees are adjusted annually (until paid)
Thousand Seventy-Five Dollars ($5,075.00) per using the State Highway Bid Price Index in
• residential unit, and Twenty-Two Thousand, accordance with the Agreement. Fees are
Eight Hundred Thirty-Eight Dollars ($22,838.00) collected prior to issuance of Zoning
per acre of institutional land. Clearances for Building Permits. Fees have
been collected for all 99 units. The fee as of
development of the final units (7/21/15) was
$9,991.07
5. Payment of "Community Service Fees" of Two These fees are adjusted annually (until paid)
Thousand, Two Hundred Thirty-Three Dollars using the Consumer Price Index (CPI) in
($2,233.00) per residential unit, and Seven accordance with the Agreement. Fees are
Thousand Seventy Dollars ($7,070.00) per gross collected prior to issuance of Zoning
acre of institutional land. Clearances for Building Permits. Fees have
been collected for all 99 units. The fee as of
development of the final units (7/21/15) was
$2,612.06
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 Eight Thousand Two Hundred Forty using the Consumer Price Index (CPI) in
Dollars ($8,240.00) for each residential dwelling accordance with the Agreement. Fees are
unit and Fifty Cents ($.50) per square foot of collected prior to issuance of Zoning
each building used for institutional purposes. Clearances for Building Permits. Fees have
• been collected for all 99 units. The fee as of
development of the final units (7/21/15) was
$8,356.99
8. Prior to Final Map recordation, confirmation from The project does not use reclaimed water.
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.
9. This section was amended by the City Council on All affordable units and obligations were
October 16, 2013 as follows: provided consistent with the Development
Developer shall provide eighteen (18) three (3) Agreement.
• bedroom and two bath single family attached
units with a minimum of 1,600 square feet to be
sold to buyers who meet the criteria for low
income (80 percent or less of median income.
Developer shall also pay a two hundred fifty
thousand dollars ($250,000.00) in-lieu fee to
satisfy the requirement for providing moderate
income units the Project.
The units shall include amenities as specified in
• the Agreement.
Developer and City may upon mutual agreement
reduce the number of required affordable units
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NO. REQUIREMENT STATUS
from eighteen (18) to sixteen (16).
Prior to recordation of the first final Tract Map for
this Project, execute a Purchase and Sale
Agreement which further sets forth the
Developer's obligations of this subsection and
City's obligations per Subsection 7.7
Deposit$120.00 for each dollar or portion thereof
of the monthly HOA fees that are in excess of
$100.00 into a City administered trust to assist
with future HOA fees for each affected affordable
unit.
Comply with purchase price requirements per the
Agreement.
Pay closing costs not to exceed six-thousand
dollars$6,000.
10. Pay Air Quality Fee in the amount of One These fees are adjusted annually (until paid)
Thousand, Six Hundred, and Thirty-Six Dollars using the Consumer Price Index (CPI) in
($1,636.00) per residential unit, and for accordance with the Agreement. Fees are
institutional uses at a rate calculated by the collected prior to issuance of Zoning
Community Development Department. Clearances for Building Permits. Fees have
been paid for all 99 units. The fee as of
development of the final units (7/21/15) was
$1,929.46
11. Waiver of any density bonus rights that would The applicant did not request density bonus
increase the number of dwelling units approved units.
to be constructed on the property.
12. Agreement to cast affirmative ballots for A landscape maintenance district has been
formation of one or more assessment districts for established for the project.
maintenance of parkway and median
landscaping and street lighting, including but not
limited to all water and electricity costs.
Agreement to form property owner's
association(s) to provide landscape, street
lighting and park (if necessary) open space land,
trails drainage facilities maintenance and
compliance with NPDES requirements.
13. Payment of all City capital improvement and Developer is in compliance with all
processing fees. requirements at this time. Fund review
ongoing.
14. Payment of Los Angeles Avenue Area of Fees are paid prior to issuance of Zoning
Contribution (AOC) Fee. Clearances for Building Permits. Fees have
been paid for all 99 units. The fee as of
development of the final units (7/21/15) was
$8,683.00
15. Provide for a 50-year life, as determined by the All streets were designed and have been
City Engineer, for all public street improvements. constructed to the public street standards and
have been accepted by the City Inspector
with the exception of the final rubberized
asphalt cap.
16. Agreement to pay any fees and payments Developer is in compliance with all
pursuant to this Agreement without reservation. requirements at this time.
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NO. REQUIREMENT STATUS
17. Agreement to comply with requirements for The applicant complied with review requests
annual review of the Agreement including and Mitigation Monitoring Program '
evaluation of Mitigation Monitoring Program. requirements.
18. Provide deposits for the proceedings and related A landscape maintenance district was
services for possible formation of a District as established for the project.
referenced in Subsection 7.6
19. Agreement that any property to be acquired by No request for property to be acquired by
eminent domain shall be at City's discretion and eminent domain was submitted.
after compliance with all legal requirements.
20. In the event referenced indices are discontinued There were no changes in the referenced
or revised, successor indices shall be used. indices.
All requirements of the Development Agreement have been 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 eight
(8) specific provisions, as summarized below:
NO. REQUIREMENT STATUS
1. Agreement to commit reasonable time and To date, City has complied with any such
resources on expedited and parallel processing of requests.
application for subsequent applications.
2. If requested, at the developer's cost, proceed to To date, no such request has been
acquire easements or fee title to land in order to received.
allow construction of required public improvements.
3. Authorization for the City Manager to sign an early An early grading permit was issued on
grading permit. 10/7/2012.
4. Agreement to process concurrently, whenever To date, City has complied.
possible, all land use entitlements for the same
property (so long as deemed complete).
5. Agreement that Park Fee required per Section 6.7 To date, City has complied.
meets obligation for park land dedication provisions
of state law and local codes.
6. Agreement to commence proceedings for To date no Community Facilities District
Community Facilities District formation and incur has been required.
bonded indebtedness.
7. Agreement to appoint affordable housing staff The Program Manager in the Parks,
person to oversee the implementation of affordable Recreation, and Community Services
housing requirements. Department oversees affordable housing
requirements.
8. Agreement to facilitate reimbursement to developer To date, no such request has been
of any costs incurred that may be subject to partial received.
reimbursement from other developers.
294
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Adjusted Development Agreement Fees
As mentioned above, the Development Agreement calls for adjustment of the various
fees at different times. As of the final permits, the adjusted fees were as follows:
DA
Section Fee Descri•tion Current Fee Base Fee
6.3 Development Fee $9,021.29 $8,895.00
(Indexes 1 year after first building permit)
6.4 Citywide Traffic Fee $8,955.25 $5,075.00
Indexing Begins January 1, 2006
Caltrans Annual Index*
Section Fee Descri.tion Current Fee Base Fee
6.5 Community Services Fee $2,612.06 $2,233.00
Indexing beings January 1, 2008
CPI Index (August to August) **
6.7 Park Fee
(Indexes 1 year after first building permit) $8,356.99 $8,240.00
6.10 Air Quality Fee $1,929.46 $1,636.00
Indexing begins March 1, 2007
CPI Index (December to December) **
6.14 Los Angeles Avenue Area of Contribution Fee $8,760.00 $7,807.00
(Fixed Fee- Current Fee Amount)
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review Application and the
status of the project, the Community Development Director has determined, on the
basis of substantial evidence that Shea Homes has, to date, complied in good faith with
the terms and conditions of the Agreement. This project has been completed and it is
recommended that this be the last annual review needed for this development
agreement.
STAFF RECOMMENDATION
1. Accept the Community Development Director's Report and recommendation, on
the basis of substantial evidence, that Shea Homes, Limited Partnership has
complied in good faith with the terms and conditions of the Agreement.
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2. Deem the annual review process for this project complete with no further annual
review necessary.
ATTACHMENTS:
1. Location Map
2. Site Map
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