HomeMy WebLinkAboutItem 07 - Annual Monitoring Report for the San Luis Ranch MMRP and Development Agreement Department Name: Finance
Cost Center: 2001
For Agenda of: March 16, 2021
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano, Financial Analyst – Infrastructure Financing
SUBJECT: ANNUAL MONITORING REPORT FOR THE SAN LUIS RANCH
MITIGATION MONITORING AND REPORTING PROGRAM AND
DEVELOPMENT AGREEMENT
RECOMMENDATION
Receive and file the annual monitoring report for the San Luis Ranch Mitigation Monitoring
and Reporting Program and Development Agreement.
DISCUSSION
Background
On July 18, 2017, the City Council approved the San Luis Ranch project, including the San Luis
Ranch Specific Plan (SLRSP) and Vesting Tentative Tract Map (VTTM) 3096, and certified the
Final EIR and Mitigation Monitoring and Reporting Program (MMRP). On July 17, 2018, the
City Council approved the Development Agreement (DA) between the City and MI San Luis
Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the
phasing of certain required transportation improvements. Both the DA and MMRP require
annual monitoring and reporting of activities per Articles 10 & 11 of the DA. Several
development applications have come forward since the approval of the various documents
described above. In addition, several public improvements anticipated in the DA are now in
progress. The following summarizes the status of each, as well as related public improvements:
A. NG-10 (Single Family Residential). Grading plans have been approved for this 21.5-acre
portion of the SLRSP site, and grading activity has occurred. Key roadway
infrastructure, including the extension of Froom Ranch Way, has begun. This 198-unit
project was initiated with the approval of VTTM 3096, and an application for building
permits is under review by City staff and pending approval.
B. NG-23 (Medium Density Residential). This 83-unit project on a 7.3-acre site was
initiated with the approval of VTTM 3096, and an application for building permits is
under review by City staff and pending approval.
NG-30 (Multi-Family Residential). The Planning Commission approved the development
of up to 296 units within the NG-30 zone in February 2020, and recommended approval
of VTTM 3150 to the City Council, which approved the VTTM on April 7, 2020. The
Final Map was approved on October 6, 2020. VTTM 3150 is a 10.6-acre portion of the
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previously approved VTTM 3096. This project included a substantial affordable housing
component. However, the Planning Commission also approved the affordable component
of this project to be transferred to the commercially zoned area within the SLRSP (NC
zone) if a suitable project in that area were proposed and approved. The historic ranch
structures within that area have been evaluated, and the appropriate ones have been
moved to the AG portion of the SLRSP. No building permits have been issued yet.
C. NC (Hotel Project). The Planning Commission approved a 200-room dual brand hotel on
a 3.41-acre site within the NC zone on July 22, 2020. The project was referred to the
Airport Land Use Commission (ALUC) to consider whether it complied with all
conditions related to a previous ALUC conformance finding with the Airport Land Use
Plan. On September 2, 2020, the ALUC modified one of its previous conditions to ensure
compliance. No building permits have been issued yet.
D. NC (Commercial Mixed-Use Project). On November 17, 2020, the City Council
approved a Specific Plan Amendment and VTTM 3142, which would accommodate up to
114,300 SF of commercial and 77 affordable housing units on 11 lots within the
subdivision. A Development Plan application is still required before building permit
applications can be submitted for the affordable housing and commercial development
projects.
E. Public Improvements. Public Improvement Plans (PIPs) have been approved for onsite
improvements associated with VTTM 3096, and improvements are underway, including
the extension of backbone roadways and utilities throughout the site. Much of the
extension of Dalidio Drive into the site is complete, and the extension of Froom Ranch
Way through the site will likely be completed by Spring 2021. PIPs have also been
approved for offsite improvements associated with Froom Ranch Way west of the site to
the intersection with Los Osos Valley Road. Key public improvements now in progr ess
include:
• Froom/Dalidio/Prado Roundabout
• Madonna Shared-Use Path (Oceanaire to Dalidio)
• Intersection Improvements, including Bicycle Protected Intersection features at
Madonna/Dalidio
• Pedestrian Hybrid Beacon Crossing at Madonna & SL Ranch Multifamily
Driveway
• Froom Ranch Way Creek Bridge and Road Extension from Target to Dalidio
Mitigation Monitoring and Reporting Program
Attachment A is the updated MMRP, showing the current status of compliance with all
mitigation measures. In summary, the project complies with all applicable mitigation
measures required to date. In some instances, compliance is ongoing (e.g., with respect to
biological and cultural resource issues). In other cases, compliance cannot yet be
determined because the project has not progressed sufficiently to trigger the required
mitigation (e.g., items that relate to the design of commercial buildings). Attachment B is a
summarized version of the MMRP for easy reference, with all mitigation measures put in
sequential order of when compliance is required.
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Development Agreement
The San Luis Ranch project requires substantial new public infrastructure to support the
development, much of which is the responsibility of the developer. The approved DA for that
project describes the developer’ s responsibilities in that regard. Attachment C summarizes the
project’s current compliance status with respect to relevant provisions of the DA. As of February
2021, the developer is in compliance with all applicable requirements of the DA with respect to
project milestones. As is the case with the MMRP, compliance with many provisions that are
keyed to later project activities or phases cannot be determined at this time.
Community Facilities District
Section 5.04 of the DA also requires that a financing mechanism be established to ensure that
there is no shortfall to the City’s General Fund as public improvements are made. Part of the
intent of the annual review of the DA is to ensure that there is no negative impact to the City’s
General Fund, and to identify and remedy any shortfalls in the construction of various public
improvements that are the responsibility of the developer.
Pursuant to Section 5.02 of the Development Agreement, a Mello-Roos Community Facilities
District (CFD) was established and approved by the City Council in February 2019 and formally
adopted on April 16, 2019 (Ordinance No. 1661). The CFD is the mechanism that facilitates the
collection of revenue as development occurs, and that revenue is used to construct various public
improvements. The CFD is based on the Financing Plan included in the DA. No revenue has
been collected since its inception, because no development has occurred.
The San Luis Ranch CFD is an infrastructure CFD, which means that the bond proceeds will
primarily be used as a source of funding for the construction of public improvements, such as the
Prado Road/Highway 101 Interchange. They will either directly fund or reimburse developer
expenses of regional improvements. Based upon current cost analysis, the allocation of CFD
special tax funding at full development of the San Luis Ranch Project area would include up to
$25 million towards infrastructure funding. The City anticipates that the first levy will be made
to the CFD in fiscal year 2021-22 with occupancy of the first dwelling unit in the project and it
will cover the bond issuance annual debt payments.
Since all the decisions in regards to the formation of the CFD were taken in 2019, some things
with the developments within the district have changed and, therefore, the developers have
requested that the Rate and Method of Apportionment (RMA), which specifies the special tax to
be levied, be amended to provide for an undeveloped tax on all of the planned multifamily
housing within the CFD that was intended for rent and now are for sale, in part due to the
transfer of the affordable housing unit to the commercial site of the development. The updated
RMA is part of the March 16, 2021 Council Meeting Agenda.
Annual Revenues and Expenditures
For the period April 16, 2019 (the adoption date of the CFD ordinance) through February 23,
2021, no revenue was collected through the CFD because no development has occurred, and no
bonds have been issued. Although several public improvements are now in progress as described
above, no public funds have been expended by the City toward these improvements. Therefore,
there has been no fiscal impact to the City’s General Fund for the period in question.
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Policy Context
San Luis Ranch is a housing project with major infrastructure requirements. For example, the
Prado Road interchange is a significant project that benefits the project, the City as a whole and
the entire region-roughly in one-third shares. In addition, the project provides housing as
determined to be consistent with the City's General Plan and the City's Major City Goal for
housing production.
Public Engagement
The annual monitoring report requires a "notify" level of public engagement that was
accomplished through the publication of the Council agenda and associated report.
CONCURRENCE
The Finance Department concurs that there has been no revenue collected through the CFD and
that no funds have been expended. The Engineering Division and Office of Sustainability have
reviewed the MMRP and DA and provided compliance status, which is incorporated into the
monitoring reports.
ENVIRONMENTAL REVIEW
Annual monitoring of the San Luis Ranch MMRP and DA (including the related CFD) are
categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a
"general rule" exemption pursuant to Section 15061(b)(3), which covers activities "where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment." Annual monitoring does not change any aspect of the
approved San Luis Ranch project, nor does it introduce the potential for any new environmental
impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has
concluded that "basic data collection, research and resource evaluation activities which do not
result in a serious or major disturbance to an environmental resource" are exempt from CEQA.
Therefore, the proposed action is categorically exempt from further analysis under CEQA.
FISCAL IMPACTS
Budgeted: N/A Budget Year: 2020-21
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund N/A
State
Federal
Fees
Other:
Total N/A N/A N/A
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No revenue has been collected through the CFD because no development has occurred. While
some public improvements are under construction, no funds have been expended from the CFD
proceeds. Therefore, there is no fiscal impact associated with this annual report.
ALTERNATIVES
1. Provide direction to staff regarding the annual monitoring report for the San Luis Ranch
MMRP and DA (including the related CFD) and continue the item to a future meeting.
2. Reject the annual monitoring report for the San Luis Ranch MMRP and DA, and by
extension, the CFD. This is not recommended since annual monitoring is a requirement of
the MMRP and DA, and by extension, the CFD.
Attachments:
a - COUNCIL READING FILE - MMRP Compliance - Feb 2021
b - SLR Compliance MMRP - Feb 2021
c - SLR Compliance DA - Feb 2021
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San Luis Ranch
Summary of Compliance with Mitigation Measures
February 2021
Mitigation Measures
Item MM ID Summary Description Timing Compliance Status
1 AG-3(a)Agricultural Conflict Avoidance Measures.Include language in SP in compliance
2 AG-3(c)Buffer Landscaping.Prior to Final Map approval In compliance; field verification required
3 N-5(c)Froom Ranch Way Noise Barrier.Prior to Final Map Approval NG-10; PIPs In compliance; ongoing with each project
4 REC-1 Parkland In-lieu Fees.Prior to Final Map approval Yes; ongoing with individual projects
5 BIO-2(c)Froom Ranch Way Bridge Design to Avoid Riparian Areas.As part of PIPs In compliance; annual reporting for 5 years
6 GEO-1 Earthquake and Ground Acceleration Design and Construction Measures.As part of PIPs In compliance; verify with permitting
7 GEO-3 Geotechnical Design.As part of PIPs In compliance; verify with permitting
8 HWQ-1(a)Stormwater Pollution Prevention Plan.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
9 HWQ-1(b)Berms and Basins.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
10 HWQ-1(c)Concept Grading Plan and Master Drainage Plan.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
11 HWQ-3(a)Stormwater Quality Treatment Controls.Grading Permits; PIPs; Final Map In compliance; ongoing with each project
12 HWQ-3(b)Stormwater BMP Maintenance Manual.With PIPs; annually In compliance; annually with each project
13 HWQ-3(c)Stormwater BMP Semi-Annual Maintenance Report.With PIPs; semi-annually In compliance; semi-annually per project
14 AQ-2(e)Construction Activity Management Plan.Prior to Map Recordation In compliance
15 BIO-2(a)Habitat Mitigation and Monitoring Plan Prior to Final Map recordation In compliance; annual report required
16 AG-1 Agricultural Conservation.Prior to Grading Permits In compliance
17 AQ-2(a)Fugitive Dust Control Measures.Prior to Grading Permits In compliance; ongoing with each project
18 AQ-2(b)Standard Control Measures for Construction Equipment.Prior to Grading Permits In compliance; ongoing with each project
19 AQ-2(c)Best Available Control Technology (BACT) for Construction Equipment.Prior to Grading Permits In compliance; ongoing with each project
20 AQ-3(a)Standard Operational Mitigation Measures.Prior to Grading Permits In compliance; field verification required
21 AQ-3(b)Off-Site Mitigation.Prior to Grading Permits In compliance; field verification required
22 BIO-1(a)Best Management Practices.Prior to Grading Permits In compliance; subject to field verification
23 BIO-1(b)Worker Environmental Awareness Program Training.Prior to Grading Permits In compliance; subject to field verification
24 BIO-1(c)Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
25 BIO-1(d)California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization Prior to Grading Permits In compliance; subject to field verification
26 BIO-1(e)Steelhead Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
27 BIO-1(f)Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
28 BIO-1(g)Nesting Birds Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
29 BIO-1(h)Roosting Bats Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification
30 BIO-2(b)Tree Replacement.Prior to Grading Permits In compliance; annual reporting for 3 years
31 CR-2(a)Retain a Qualified Principal Investigator.Prior to Grading Permits in compliance
32 CR-2(b)Unanticipated Discovery of Archaeological Resources.Prior to Grading Permits In compliance; ongoing with each project
33 HAZ-4 Soil Sampling and Remediation Prior to Grading Permits In compliance; ongoing with each project
34 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization Prior to Grading Permits In compliance; ongoing with each project
35 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision.CLOMR before Grading Permits In compliance
36 N-1(a)Construction Vehicle Travel Route.Prior to Grading permits In compliance; ongoing with each project
37 N-1(b)Construction Activity Timing.ongoing; indicate on Grading Permits In compliance; ongoing with each project
38 N-1(c)Construction Equipment Best Management Practices (BMPs).ongoing; indicate on Grading Permits In compliance; ongoing with each project
39 N-1(d)Neighbor Property Owner Notification and Construction Noise Complaints 10 days prior to grading; include in permit In compliance; subject to field verification
40 AG-3(b)Agricultural Fencing.Prior to Building Permits TBD
41 AQ-2(d)Architectural Coating.Prior to Building Permits In compliance; ongoing with each project
42 CR-1(c)Informational Display of Historic Resources.Ag Center Building Permit TBD
43 N-5(a)Interior Noise Reduction.Building permits (NG-10, -23, and -30)In compliance; subject to field verification
44 T-1(b); T-8(a); T-9(c)Intersection 3: Madonna Road & Dalidio Drive/Prado Road Intersection (construct various)Building permits or occupancy TBD
45 T-1(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
46 T-1(e); T-8(b)Intersection 9: LOVR and Froom Ranch Way (construct various)with Froom Ranch Way bridge TBD
47 T-1(f); T-8(c)Intersection 10: LOVR and Auto Park Way (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
48 T-1(g); T-8(g); T-9(l)Intersection 16: S. Higuera and Tank Farm Road (extend RT pocket to 230'; ROW; pay fair share; TDMP)Building permits or occupancy TBD
49 T-1(h)Intersection 21: Prado/Dalidio and Froom Ranch Way (construct roundabout)Building/occupancy (with connection)TBD
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50 T-1(i)Intersection 25: Prado/Dalidio and SC Project Driveway (construct roundabout)Building/occupancy (with connection)TBD
51 T-2(a)Intersection 1: Madonna and LOVR (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
52 T-2(b); T-9(b)Intersection 2: Madonna and Oceanaire (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
53 T-2(c)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (extend LT to 150')Building permits or occupancy TBD
54 T-2(d)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
55 T-2(e)Intersection 7: Madonna and Higuera (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
56 T-2(f); T-9(h)Intersection 9: LOVR and Froom Ranch Way (construct various)with Froom Ranch Way bridge TBD
57 T-2(g)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (extend LT to 320')Building permits or occupancy TBD
58 T-2(h)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
59 T-2(i)Intersection 14: LOVR & Higuera (extend EB RT lane to 180')Building permits or occupancy TBD
60 T-2(j); T-9(m)Intersection 18: Prado & Higuera (install 2nd NB LT lane; extend WB RT pocket to 400')Building permits or occupancy TBD
61 T-3(a)Segments 1-6: Madonna Road--LOVR to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
62 T-3(b)Segments 7-8: Higuera--Madonna to Prado (Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
63 T-3(c)Segments 13-17: LOVR--Madonna to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD
64 T-3(d)Segments 18-20: Dalidio/Prado--Froom to Higuera (construct Class I bikepaths)Building permits or occupancy TBD
65 T-5 Froom Ranch Way Bridge Construction Building or occupancy permits TBD
66 T-9(d)Intersecton 4: Madonna and El Mercado (see MM T-1(b))Building permits or occupancy TBD
67 T-11(a)NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
68 T-11(b)NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
69 T-11(c)NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
70 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision.LOMR before occupancy of first unit TBD
71 CR-1(a)Historical Structure Relocation and Reconstruction Plan.Prior to grading NG-30 site Completed; in compliance
72 CR-1(b)Archival Documentation of Historic Buildings.Prior to grading NG-30 site Completed; in compliance
73 N-5(b)Residential Outdoor Activity Area Noise Attenuation.Building permits (NG-30 and NC)In compliance; subject to field verification
74 N-5(d)U.S. Highway 101 Noise Barrier at Hotel.Grading permits (hotel)In compliance; subject to field verification
75 GEO-2 Operational Seismic Safety Requirement.Prior to Building Permits (NC)TBD
75 N-4(a)HVAC Equipment.Building permits (NC)TBD
76 N-4(b)Parking Lot/Loading Dock Orientation and Noise Barrier.Building permits (NC)TBD
77 AQ-1 Encourage Telecommuting.Prior to Occupany (NC)TBD
78 T-1(a)Intersection 1: Madonna and LOVR (optimize signal timing)ongoing by City TBD
79 T-1(d)Intersection 8: Higuera and South Street (signal timing)ongoing by City TBD
80 T-4 Construction Traffic Management Plan Construction activities TBD
81 T-5 Froom Ranch Way Bridge Construction Building permits or occupancy TBD
82 T-6 Project Site Intersection Roundabout Control As determined by City staff TBD
83 T-7 Traffic Calming and/or Reconfiguration of New Neighborhood Streets As determined by City staff TBD
84 T-8(d)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
85 T-8(e)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
86 T-8(f)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass)Timing determined by Caltrans and City TBD
87 T-9(a)Intersection 1: Madonna and LOVR (extend NB RT on LOVR to 295'; SB LT on Madonna to 395')Timing determined by Caltrans and City TBD
88 T-9(b)Intersection 2: Madonna and Oceanaire (extend WB RT on Madonna to 200')Timing determined by Caltrans and City TBD
89 T-9(e)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
90 T-9(f)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD
91 T-9(g)Intersection 8: Higuera and South Street (extend NB Higuera LT to 120')Timing determined by Caltrans and City TBD
92 T-9(i)Intersection 11: LOVR and Calle Joaquin (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
93 T-9(j)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
94 T-9(k)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
95 T-10(a)Segments 1-6: Madonna Road--LOVR to Higuera (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
96 T-10(b)Segments 15-16: LOVR--Calle Joaquin to US 101 NB ramps (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
97 T-10(c)Segment 24: Pardo/Dalidio--project driveway to Froom (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD
98 T-11(a)NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
99 T-11(b)NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
100 T-11(c)NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD
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San Luis Ranch
Summary of Compliance with Development Agreement
February 2021
Development Agreement
Item DA ID Summary Description Responsibility Timing Compliance Status
1 1.03.a.1 Agreement terminates on 20th anniversary of annexation date All Parties ongoing ongoing; in compliance
2 1.03.a.2 Agreement terminates on 15th anniversary of annexation if backbone infrastructure not in place All Parties ongoing ongoing; in compliance
3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing ongoing; in compliance
4 1.03.a.4 Agreement terminates if annexation doesn't occur within 5 years of DA "Vesting Date"All Parties ongoing ongoing; in compliance
5 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing in compliance
6 5.02.1 Form Community Facilities District (CFD)City City Council adopts CFD Ordinance 4-16-19 in compliance; levy under CFD TBD
7 5.04.3 Reimbursement for developer improvements beyond fair share cost City according to law TBD once costs are known
8 5.04.4 Post $300,000 bond to ensure compliance with Section 5.04.4 Developer before 1st anniv of "Effective Date"in compliance
9 5.04.5 Prepay $1.5 million for Prado Interchange; early payment toward full mitigation fee; see notes Developer based on timing of Final Map approval in compliance
10 7.08 City to use Fee for grant program to replace existing sewer laterals equivalent to 66,000 gpd City ongoing ongoing; in compliance
11 11.01; 02 Annual evaluation of the MMRP to ensure compliance City ongoing; annually ongoing; in compliance
12 11.04 Annual evaluation of the DA to ensure compliance City ongoing; annually ongoing; in compliance
13 11.05 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually ongoing; in compliance
14 12.03 Any DA provision out of compliance must be cured within 60 days both parties ongoing ongoing; in compliance
15 6.02.3 Land dedications for ROW or infrastructure Developer prior to infrastructure need or map approval ongoing; in compliance
16 7.03 Dedicate 2.8 acres of onsite parkland and build park Developer prior to final map ongoing; park not yet built
17 7.09 Make Recycled Water facility improvements per Figure 7.2 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance
18 7.10 Make storm drainage improvements per Figure 7.4 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance
19 7.11 Make floodplain improvements Developer prior to Final Map or building permits ongoing; in compliance
20 7.13.01 CC&Rs disclosure statement required City prior to Final Map or building permits TBD
21 7.13.07 City to allow building permits and occupancy for up to 24 model homes prior to Final Map City prior to final map ongoing; in compliance
22 7.08 Pay $300,000 Capacity Offset Fee for sewer improvements Developer prior to recording Final Map In compliance
23 7.03 Dedicate offsite parkland or pay up to $3,175,026 as equivalent Developer prior to recording Final Map In compliance
24 7.04 Secure Ag Easement on 30 acres at APN 067-181-010 Developer prior to grading permits In compliance
25 7.06 Implement energy saving measures in development Developer prior to building permits ongoing; in compliance
26 7.07 Implement water saving measures in development Developer prior to building permits ongoing; in compliance
27 7.13.04 Complete Design Review for all major surface public facilities City prior to construction ongoing
28 5.03.2.b Pay all Development Impact Fees (DIF) to City per April 2018 DIF update Developer prior to occupancy TBD
29 5.04.4 Pay Early Residential Development Fee ($262/unit)Developer prior to occupancy TBD
30 5.04.6 Pay remaining Prado Road Mitigation Fee Developer prior to occupany generating 233 PM PHT TBD
31 7.12 Make traffic and circulation improvements Developer prior to occupancy TBD
32 7.05 Provide Affordable Housing or in lieu payment for commerical per Exhibit F of the DA Developer prior to final map for NC Mixed use project approved 11-17-20
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