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HomeMy WebLinkAboutAGENDA REPORT 2017 0503 CCSA REG ITEM 10K ITEM 10.K. CITY OF MOORPARK,CALIFORNIA City Council Meeting OJ 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. 290 Honorable City Council 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 $9,021.29 291 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 292 \\DC1\Department Share\Community Development1ADMIN\Agreements\D A\2003-01 Shea\Reports\cc 170503.docx Honorable City Council May 3, 2017 Page 4 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. 293 \\DC1\Department Share\Community Development\ADMIN1Agreements\D A12003-01 Shea\Reports\cc 170503.docx Honorable City Council May 3, 2017 Page 5 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 11DC1\Department Share\Community Development\ADMIN1Agreements\D A12003-01 Shea\Reports\cc 170503.docx Honorable City Council May 3, 2017 Page 6 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 $7,807.00 (Fixed Fee- Current Fee Amount) Evaluation of Good Faith Compliance Based on a review of the Development Agreement Annual Review Application and the status of the project, the Community Development Director has determined, on the basis of substantial evidence that Shea Homes has, to date, complied in good faith with the terms and conditions of the Agreement. This project has been completed and it is recommended that this be the last annual review needed for this development agreement. STAFF RECOMMENDATION 1. Accept the Community Development Director's Report and recommendation, on the basis of substantial evidence, that Shea Homes, Limited Partnership has complied in good faith with the terms and conditions of the Agreement. 295 \\DC1\Department Share\Community Development\ADMIN\Agreements\D A12003-01 Shea\Reports\cc 170503.docx Honorable City Council May 3, 2017 Page 7 2. Deem the annual review process for this project complete with no further annual review necessary. ATTACHMENTS: 1. Location Map 2. Site Map 29x6 \\DC1\Department Share\Community Development\ADMIN Agreements\D A\2003-01 Shea Reports\cc 170503.docx • rn Location Map N 1 `iiI p. i J _L a u,+ Moonson Ct Sherman Ave I s E — `� eke — i Legend I ‘ _Iii8 .— 118 23 ..... 41$s Ave 11 Parcels cib,l Boundary ' — — Maorpark.Area Of Interest : [J LI es co t j cc1:1 - r c v _ m ` -01 o NIor1 F CLI 7 4 s ti L w t�* u u iorriclon Ctl, pp - -•�t G � q { �. TiVf Majestic CtFl I U mm '"tir yil , ` I O k 0 O - r t 1 • Y a E 1 q T.D.d E rmy l t 0. \--\ � • s 0 0 ef' IL' — /'. - ... ,., FOOm -_— I Izeoe Vista � Y ',,.„ \..,. `" _..,,---i i ) r - F r _ f 1" = 376 ft DJC 2003-01 04/26/2017 ,, gir This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Moorpark staff for the most up-to-date information. I- -1 N N. 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