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Home My WebLink AboutAGENDA REPORT 2001 0718 CC REG ITEM 11GITEM t. G• CITY OF` 14001RPARX, CA17FOR, of A,Rpro ye.,r MOORPARK CITY COUNCIL AGENDA REPORT To: The Honorable City Council From: Wayne Loftus, Director of Community Development 4'f' Prepared by Laura Stringer, Senior Management Analyst 9 Date: June 27, 2001 (CC Meeting of 7/18/01) Subject: Consider Report of Annual Development Agreement Review, Established in connection with Residential Planned Development Permit No. 97 -1, a 312 -unit Apartment Project, Located on the West Side of Moorpark Avenue, South of Los Angeles Avenue and North of the Arroyo Simi (Archstone Communities). 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 and to assure development in accordance with the terms and conditions of the agreement. On June 23, 1999 the Moorpark City Council adopted Ordinance No. 259 (effective July 23, 1999), approving a Development Agreement between the City of Moorpark and Jocelyne Abrar (Archstone Communities). The agreement, recorded August 27, 1999 as Document No. 99- 162774, was approved in connection with Residential Planned Development 97 -1, a 312 -unit apartment project (with affordable housing units) on 19.2 acres located generally north of the Arroyo Simi and west of Moorpark Avenue. The agreement remains in full force and effect for five years from the operative date of the agreement (until July 23, 2004), or one until (1) year after the occupancy of the Three Hundred Twelfth (312th) apartment unit, whichever occurs later. Provisions of the agreement require an annual review and report to the City Council on the status of completion of all aspects of the S: \Community Development \Everyone \City Council Agenda Reports \cc - agrpt .achhstone.darev.f.7.11.0l.doc 1 41219 G Development Agreement Annual Review (Archstone Communities) June 27, 2001 Page 2 agreement. The developer has submitted the necessary application form, related materials, and fee /deposit. The Director of Community Development has reviewed the submitted information, including the project status and provides the following report. DISCUSSION• Protect Status Archstone Communities, the developer, has completed the following aspects of Residential Planned Development (RPD) 97 -1: • Grading Zone Clearance was issued on August 31, 2000 and grading Permit No. 98G was issued on September 13, 2000. • Construction Zone Clearance was issued on August 31, 2000 for 312 dwelling units. • Building Permits were issued on November 11, 2000 for 312 dwelling units. Developer Compliance with Terms of Agreement Archstone Communities' development responsibilities are included in Section 6 of the Development Agreement, and include twelve (12) 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. Where no comment appears, no specific activity has occurred. 1. Compliance with Development Agreement, Project Approvals and Subsequent approvals. Project is currently under construction, with zone clearance and building permits issued for all 312- apartment units 2. Dedicated lands to be free and clear of liens and encumbrances, including off -site property required for street extensions or improvements, and the property for expansion of Arroyo Simi. The developer will provide clear title to any property required for dedications. 0-002011 Development Agreement Annual Review (Archstone Communities) June 27, 2001 Page 3 3. Community Services Fee at $2,845 per unit. Paid for 312 units ($887,640) on August 17, 2000. 4. Park Fee at $3,000 per unit. Paid for 312 units ($936,000) on August 17, 2000. 5. Development Fee at $2,500 per unit. Paid for 312 units ($780,000) on August 17, 2000. 6. Citywide Traffic Fee at $3,000 per unit. Paid for 312 units ($936,000) on August 17, 2000. 7. Payment of all outstanding city processing and environmental processing costs. The project processing account balance is current, and the Annual Review Application and $1,760 deposit for Development Agreement - Annual Review, was paid on June 11, 2001. 8. Waiver of rights to any density bonus beyond 312 units approved for this project. 9. Agreement to cast affirmative vote for the formation of an assessment district with the power to levy assessments for the maintenance of parkway landscaping, street lighting (upon Council request - parks conferring special benefits). 10. Guarantee Affordability of sixty -two (62) units: Thirty -seven (37) lower income (8.0% or less of Ventura County median income). Nineteen (19) very low income (500 or less of Ventura County median income). Six (6) very very low income (33% or less of Ventura County median income). Archstone Communities is currently working with staff on the Affordable Housing Agreement. '90202 Development Agreement Annual Review (Archstone Communities) June 27, 2001 Page 4 11. Agreement to pay all City capital improvement, development and processing fees and agreement not to protest fees. 12. Design, pay plan check, administrative and inspection costs, post surety, and construct one -half of the future ultimate width of Park Lane (street improvements) from current terminus south to the intersection with new east /west street to be built by the developer. Developer's obligation to guarantee the construction of Park Lane is contingent upon City's acquisition of real property necessary for street improvements within twelve months after the first residential building permit is issued for the project (by November 13, 2001), at no cost to the developer. Parcel Map No. 5316 (U.S.A. Properties Fund, Inc.) has been filed. This map, when recorded, will provide the necessary street right -of -way. City Compliance with Terms of Agreement The City's responsibilities are included in Section 7 of the agreement and include four (4) specific provisions, as summarized below. 1. Expedite (to the extent possible) the processing of 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 Contribution (AOC) Fee for the project shall be in the amount of $300,000. Area of Contribution (AOC) Fee ($300,000) was paid August 17, 2000. 3. Agreement that the Traffic System Management Fee (TSM) for the project shall be in the amount of $500 per unit. Paid for 312 units ($156,000) on August 17, 2000. 4. Agreement to allow certain modifications to the City Zoning Code and development standards, including parking ratios, encroachments into required setbacks, project density, required number of covered parking spaces. SOW,() Development Agreement Annual Review (Archstone Communities) June 27, 2001 Page 5 Evaluation of Good Faith Compliance Based on a review of the Development Agreement Annual Review Application and the status of the project, the Director of Community Development has determined, on the basis of substantial evidence, that Archstone Communities has, to date, complied in good faith with the terms and conditions of the agreement. STAFF RECOMMENDATIONS: 1. Accept the Director of Community Development's Report and recommendation that, on the basis of substantial evidence, Archstone Communities 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 4) Letter from Archstone Communities dated June 8, 2001 e 0 0 20 4 LOCATION MAP EVEREST cr �I> I AV AV - 09 J 12200 WNW lvv UNIDOS AV SEE E3 v JAKS 'Z AV I PALONITAS CIR 6 Sl%NAAIW LORETTA DR cc Po L- c CD N1 ioo,,. SITE" 300 Fi NORTW MAJ E TIC c?E ATTACHMENT 1 OR ATTACHMEN rito 1 "00206 '... �C PREPARED FOR: ARCHSTO,NE COMMUNIFIES SITE PLAN ; The Keith Companies 217 Technology Drive EXHIBIT 2955 Red Hill Avenue, Irvine, Coliiornio 92618 cosfo_Mesa, 789-1500, (7.4) 540 -- 0800 92626 (9�9J 789 -15o CITY OF MOORPARK _ I ARCH STONE June 8, 2001 Mr. Wayne Loftus Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Development Agreement Annual Review Dear Mr. Loftus: Archstone Communities 217 Technology Drive, Second Floor Irvine, California 92618 Telephone (949) 789 1500 www.archstonecommunities.com Per your request, we have completed a review of the Development Agreement by and between the City of Moorpark and Archstone Communities, dated July 19, 1999, and have listed our findings below. Completed Developer Agreements: 6.3 through 6.9 Developer Agreements Currently in Progress: 6.1 — Archstone Communities has and will continue to comply with the Development Agreement, the Project Approvals and all Subsequent Approvals for which is was the applicant or a successor in interest to the applicant. 6.2 — All lands and interests in land previously dedicated to the City by Archstone have been free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by the City. If Archstone is required to dedicate additional land to the City, it will similarly be free and clear of objectionable liens and encumbrances. 6.10 — Archstone is currently working on an Affordable Housing Agreement with the Moorpark City Attorney that will satisfy this condition. 6.11— Archstone affirms its consent to abide by this condition and pay all required fees by the City of Moorpark. ATTACHMENT3. I: \Investment Group\ Projects \Moorpark \Development \Other \Loftus 010608 doc 000207 Mr. Wayne Loftus June 8, 2001 Page 2 Developer Agreements Not Started To Date: 6.12 — The construction of Park Lane has not started because the City has not yet acquired the property from Mr. Rosenkrantz. Once the City has acquired the property per the timeframe established in Condition 6.12, Archstone shall commence construction of the street. I hope the information above, along with the enclosed Annual Review Application form, the application fee and 15 copies of our site plan will be sufficient for your annual review process. Please let me know if you need any additional information. Sincerely, Sohn Hyde Development Associate Copy: John Luedtke (w /o enclosures) Enclosures 2 of 2 02