HomeMy WebLinkAboutAGENDA REPORT 2006 1101 CC REG ITEM 10EMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM
10. E.
TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared by Laura Stringer, Administrative Se4 a Manager
DATE: October 20, 2006 (CC Meeting of 11/01/06) 7
SUBJECT: Consider Annual Review of Development Agreement Established in
Connection with Residential Planned Development Permit No. 2001 -02,
a 190 -unit Senior Apartment Project Located at the Terminus of Park
Lane, South of Park Crest Lane and North of the Arroyo Simi (Vintage
Crest Senior Apartments, L.P. /USA Properties)
BACKGROUND
Government Code Section 65864 and Section 15.40.150 of the Municipal Code provide for
Development Agreements between the City and property owners in connection with
proposed plans for development of 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. The Municipal Code also requires the Developer to file an
application with the Community Development Director requesting the annual review of the
Agreement.
On September 18, 2002, the Moorpark City Council adopted Ordinance No. 285 (effective
October 18, 2002), approving a Development Agreement with Vintage Crest Senior
Apartments, L.P. (USA Properties). The Agreement was approved in connection with
Residential Planned Development No. 2001 -02, a 190 -unit, one - hundred percent (100 %)
affordable senior apartment project, located generally north of the Arroyo Simi at the
intersection of Park Lane and Park Crest Lane. The terms of the Agreement require that
the Agreement remain in full force and effect for five (5) years from the operative date of
the Agreement (until October 18, 2007) or until one (1) year after the occupancy of the
one - hundred - ninetieth (190th) apartment unit, whichever occurs later. The last review of
the Development Agreement was completed September 21, 2005.
Honorable City Council
November 1, 2006
Page 2
DISCUSSION
Project Status
• All units are available for rental. The project continues to have a high rate of
occupancy, with a vacancy rate of approximately 1 %.
Developer Compliance with Terms of Agreement
The Developer's responsibilities are included in Section 6 of the agreement and include
seventeen (17) specific provisions, as summarized below.
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REQUIREMENT
STATUS
1.
Compliance with Development Agreement, Project
To date, developer is in compliance with
Approvals and Subsequent approvals.
this aspect of the agreement.
2.
Dedicated lands to be free and clear of liens and
Required off -site properties were acquired
encumbrances.
and improvements completed.
3.
Community Services Fee at $2,700.00 per unit.
Paid for 190 units ($513,000.00) on April
11, 2003.
4.
Park Fee at $2,000.00 per unit.
Paid for 190 units ($380,000.00) on April
11, 2003.
5.
Development Fee at $2,750.00 per unit.
Paid for 190 units ($522,500.00) on April
11, 2003.
6.
Citywide Traffic Fee at $800.00 per unit.
Paid for 190 units ($152,000.00) on April
11, 2003.
7.
Payment of all outstanding city processing and
A developer fund analysis has been
environmental processing costs.
completed and payment of $12,285.10
will be received in late October to bring
the account current. The $2,400.00
deposit for Development Agreement -
Annual Review has been paid.
8.
Waiver of rights to any density bonus beyond 190
No additional density bonus has been
units approved for this project
requested or ranted.
9.
Agreement to cast affirmative vote for the formation
To date, the developer has complied with
of an assessment district with the power to levy
this aspect of the agreement.
assessments for the maintenance of parkway
landscaping, street lighting or parks conferring
special benefits.
10.
Guarantee affordability of 100% of the units:
All affordability agreements have been
Forty -eight (48) very low income (50% or less of
approved and executed.
Ventura County median income), with a minimum
of twelve (12) of the two- bedroom units occupied
by very-low income tenants for the life of the
project.
One - hundred -forty -two (142) low income (60% or
less of Ventura County median income).
11.
Agreement to pay all City capital improvement,
All capital improvement fees have been
development and processing fees and agreement
paid to date. Payment of $12,285.10 will
not to protest fees.
be received in late October to bring the
developer fund account current.
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Honorable City Council
November 1, 2006
Page 3
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REQUIREMENT
STATUS
12.
Construct Park Lane consistent with Ventura
Park Lane improvements have been
County Standard Plate B -3 -C and ADA
completed.
Requirements. Reconstruct broken sidewalk, curb
and gutter from the project to Los Angeles Avenue.
13.
Agreement to pay monthly access fee of 5% of
The Developer has provided cable
2.
gross revenue generated, should cable television
television services through the City Cable
services be provided outside the City Cable
Franchise, and the City's government
Franchise, and that the City's government channel
channel is available to all units.
be available to all units.
14.
Agreement that any fees and payments be made
To date, the developer has complied with
without reservation and waives to right to payment
this aspect of the agreement.
under protest.
issued.
15.
Agreement to pay applicable Los Angeles Avenue
The AOC fees have been paid, and all
AOC Fees minus $1,052.00 if building permits not
Building Permits were issued prior to
issued by December 31, 2004
December 31, 2004.
16.
Agreement for "Payment in Lieu of Taxes" (PILOT)
A PILOT Agreement was executed on
including payment schedule.
May 19, 2004, and the 2004, 2005 and
5.
Agreement that Citywide Traffic Fee shall be $800.00
2006 payments have been made.
17.
Annual Review and Mitigation Monitoring Program
The developer has submitted the
December 31, 2004.
application and deposit for annual review
6.
Agreement to payment of $4,000 toward impacted
and is, to date, in compliance with the
intersections, in lieu of a Traffic Study.
Mitigation Monitoring Program.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the agreement and include seven (7)
specific provisions, as summarized below.
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REQUIREMENT
STATUS
1.
Expedite (to the extent possible) the processing of
Construction is complete.
plan checking; excavation, grading, building,
encroachment and street improvement permits;
certificate of occupancy, utility connection
authorizations, etc.
2.
Agreement that the Los Angeles Avenue Area of
Area of Contribution (AOC) Fee
Contribution (AOC) Fee for the project shall be in the
($200,000.00) was paid April 11, 2003. All
amount of $200,000.00, so long as, building permits
building permits have been issued.
are issued prior to December 31, 2004.
3.
Agreement that the Traffic System Management Fee
Paid for 190 units ($38,000.00) on April 11,
(TSM) for the project shall be in the amount of
2003. All Building Permits have been
$200.00 per unit.
issued.
4.
Agreement to allow certain modifications to the City
The City is in compliance with this aspect of
Zoning Code and development standards, including
the agreement.
parking ratios, density, and reduction in certain fees
so long as building permits are issued prior to
December 31, 2004.
5.
Agreement that Citywide Traffic Fee shall be $800.00
Citywide Traffic Fee of ($152,000.00) was
per unit so long as building permits are issued prior to
paid April 11, 2003. All building permits
December 31, 2004.
have been issued.
6.
Agreement to payment of $4,000 toward impacted
Paid on April 11, 2003.
intersections, in lieu of a Traffic Study.
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06 1101.doc
Honorable City Council
November 1, 2006
Page 4
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REQUIREMENT
STATUS
7.
Agreement that certain fees are not applicable for
The City is in compliance with this aspect of
repair or rebuild due to fire, earthquake or other
the agreement.
casualty.
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 Vintage Crest Senior Apartments, L.PJUSA Properties has, to
date, complied in good faith with the terms and conditions of the Agreement. Staff has
also determined that the developer has fully complied with all requirements of the
Development Agreement and recommends that, upon submittal of a $2,000 deposit for
project closeout, this be the final annual review to be presented to City Council.
STAFF RECOMMENDATION
Accept the Community Development Director's Report and recommendation that,
on the basis of substantial evidence, Vintage Crest Senior Apartments, L.P. /USA
Properties has complied in good faith with the terms and conditions of the
Agreement.
2. Deem this report the final annual review, subject to receipt of a $2,000 project
closeout deposit.
Attachments:
1. Location Map
2. Site Plan
3. Narrative
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Narrative Pertinent to the Development Agreement
1. The completion of any aspect of the agreement during the twelve (12) month
prior to the anniversary date.
We believe we have completed all aspects of the agreement.
2. The progress made towards completion of all other aspects of the agreement
during the twelve (12) month prior to the anniversary date.
The agreement is complete.
3. An explanation with supporting information, of aspects of the agreement where
good faith compliance has not been achieved during the twelve (12) months
prior to the anniversary date, and proposal for corrective action to achieve such
compliance.
None is needed.
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