HomeMy WebLinkAboutAGENDA REPORT 2003 0319 CC REG ITEM 10GAC
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Laura Stringer, Senior Manage n Analyst
DATE: March 4, 2003 (CC Meeting of 03/19/03)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Moorpark Highlands
Specific Plan No. 2, a Master Planned Community, Located
East of Walnut Canyon Road and North of Charles Street,
on the Application of Morrison - Fountainwood- Agoura.
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 October 6, 1999, the Moorpark City Council adopted Ordinance No.
263 (effective November 5, 1999), approving a Development Agreement
between the City of Moorpark and Fountainwood Agoura (Morrison -
Fountainwood- Agoura). The agreement, recorded November 23, 1999,
as Document No. 99- 0211935, was approved in connection with
Moorpark Highlands Specific Plan No. 2; a 445 -acre, master planned
community, located east of Walnut Canyon Road and north of Charles
Street. The agreement remains in full force and effect for twenty
(20) years from the operative date of the agreement (until November
5, 2019), or until the close of escrow on the initial sale of the
last Affordable Housing Unit, whichever occurs last.
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 developer has submitted the necessary application
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Honorable City Council
March 19, 2003
Page 2
form, related materials, and fee /deposit. The Community
Development Director has reviewed the submitted information and the
project status and provides the following report.
DISCUSSION:
Current Protect Status
Morrison - Fountainwood- Agoura in coordination with Pardee
Construction Company (developer of the majority of the residential
units) has completed the following aspects of Specific Plan No. 2:
• On May 17, 2000, the Local Agency Formation Commission (LAFCO)
approved the annexation of Specific Plan No. 2 to Ventura County
Water Works District No. 1.
• On May 26, 2000, the Moorpark Planning Commission recommended
conditional approval of Tentative Tract No. 5045, which includes
the entire Specific Plan No. 2 area.
• On August 2, 2000, the Moorpark City Council conditionally
approved Tentative Tract No. 5045.
• The off -site waterline through Happy Camp Regional Park and the
Rustic Canyon Golf Course has been installed.
• The California Department of Fish and Game 1603 Streambed
Alteration Agreement and Los Angeles Regional Water Quality
Control Board Certification have been obtained.
• Army Corp of Engineers 404 Permit has been obtained.
The developer has informed staff that the following aspects of
Specific Plan No. 2 are currently underway:
• Processing of the Habitat Conservation Plan and Section 10
Permit with United State Fish and Wildlife Service is nearing
completion.
• Residential Planned Development Permits Nos. 2002 -03, —04 and -
05 have been submitted and are in final review prior to Planning
Commission and City Council consideration.
• A Modification to Tentative Map No. 5045 has been submitted, and
is in final review prior to Planning Commission and City Council
consideration.
• The Grading and Subdivision Improvement Plans have been through
one (1) plan check, and are awaiting final approval of the
Modification to Tentative Tract Map 5045.
-, f"' #-;
Honorable City Council
March 19, 2003
Page 3
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the
Development Agreement and include thirty -two (32) 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.
#
REQUIREMENT
STATUS
1.
Compliance with Development
To date the developer is in
Agreement, project approvals
compliance with this
and subsequent approvals.
requirement.
2.
Land dedicated to the
The developer is currently
Moorpark Unified School
in negotiations with MUSD.
District (MUSD) to be deed
The City is assisting the
restricted by covenant to
District in the
limit use of the land to
negotiations. This
school facilities for
requirement must be
kindergarten through 12`°
satisfied at the time of or
grade.
prior to recordation of the
Final Map.
3.
Lands and interests in
The developer must provide
dedicated lands be free of
clear title to any property
liens and encumbrances.
required for dedications.
4.
Payment of "Development Fees"
These fees will be adjusted
of seven thousand, three
annually (until paid) using
hundred dollars ($7,300) per
the Consumer Price Index
residential unit and thirty
(CPI) in accordance with
two thousand, eight hundred
the agreement. Fees must be
dollars ($32,800) per gross
paid prior to issuance of
acre of institutional land.
Zoning Clearance for
Building Permit. No
Building Permits have been
issued.
S.
Payment of "Citywide Traffic
These fees will be adjusted
Fees" of four thousand
annually (until paid) using
dollars ($4,000) per
the State Highway Bid Price
residential unit and eighteen
Index in accordance with
thousand dollars ($18,000)
the agreement. Fees must
per acre of institutional
be paid prior to issuance
land.
of Zoning Clearance for
Building Permit. No
Building Permits have been
issued.
Honorable City Council
March 19, 2003
Page 4
#
REQUIREMENT
STATUS
6.
Payment of "Community Service
These fees will be adjusted
Fees" of five hundred dollars
annually (until paid) using
($500) per residential unit
the Consumer Price Index
and two thousand, two hundred
(CPI) in accordance with
fifty dollars ($2,250) per
the agreement. Fees must be
gross acre of institutional
paid prior to issuance of
land.
Zoning Clearance for
Building Permit. No
Building Permits have been
issued.
7.
Granting of a conservation
The conservation easement
easement to the City to
must be recorded
retain the Open Space lots
concurrently with the Final
within Planning Areas 10, 11,
Map.
14, 15 and 16, allowing only
those uses permitted in the
Development Regulations of
the Specific Plan Open Space
Zones.
8.
Payment of all outstanding
This is an ongoing
processing costs.
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.
9.
Dedication of approximately
Dedication of the park is
seven (7) acres of parkland
to be completed
to the City, including
concurrently with recording
construction of park
of the Final Map phase
improvements, as detailed in
within which the park is
the agreement.
located. The improvements
to the park are to be
completed prior to
occupancy of the 350th
dwelling unit. Prior to
occupancy of the 500th
residential unit, the
developer shall also submit
a cash deposit of $350,000
to fund replacement of park
amenities.
Honorable City Council
March 19, 2003
Page 5
#
REQUIREMENT
STATUS
10.
Construct public streets
These improvements will be
adjacent to school and park
included in the improvement
sites.
plan package and will be
bonded for prior to
recordation of the Final
Map.
11.
Construct appropriately sized
These improvements will be
water line, pumping
included in the improvement
facilities, and storage
plan package and will be
facilities for recycled
bonded for prior to
water.
recordation of the Final
Map.
12.
Dedication of greenbelt, open
These areas will be
space areas, landscape areas,
identified and included in
and trails to the City. Such
the Final Map processing
areas not dedicated to the
and recordation.
City shall include a
conservation easement to the
City.
13.
Grant a conservation easement
These areas will be
to the City for Planning
included in the Final Map
Areas 12 and 13 to insure
processing and recordation.
public open space.
14.
Provide an Affordable Housing
The developer has not yet
Agreement or Implementation
begun to work with staff on
and Resale Restriction Plan
the Affordable Housing
and Agreement with provisions
Agreement or Implementation
for:
and Resale Restriction Plan
Buyers who meet the criteria
and Agreement.
for low income (800 of
median income):
Twelve (12) three (3)
bedroom and two (2) bath
units no less than 1050
square feet in size.
Thirteen (13) four (4)
bedroom and two(2) bath
units at no less than 1425
square feet in size.
Pay city's direct cost, up to
five thousand dollars
($5,000) for preparation and
review of the Implementation
and Resale Restriction Plan
and Agreement.
Honorable City Council
March 19, 2003
Page 6
#
I REQUIREMENT
STATUS
14.
Payment of In -Lieu Fees of
Cont.
three thousand, five hundred
dollars ($3,500) per unit
(for each of the dwelling
units in the project).
15.
Agreement to Mitigation
Community Development staff
Measures included in the
will provide the lead in
Final Environmental Impact
Mitigation Monitoring. Air
Report (EIR) including
Quality Fees (TSM) will be
payment of "Air Quality Fee"
collected prior to Zoning
to be calculated as a
Clearance for Building
condition of the issuance of
Permit.
building permit for each
unit.
16.
Installation of block wall
These improvements will be
fencing and landscape
included in the improvement
screening along the east side
plan package and will be
of Spring Road.
bonded for prior to
recordation of the Final
Map.
17.
Submit and gain approval from
Annual Review process.
City Council of a plan to
guarantee the agreement
contained in Section 6.
18.
Install traffic signals as
These improvements will be
determined by the City.
included in the improvement
plan package and will be
bonded for prior to
recordation of the Final
Map.
19.
Waive rights to any density
Per this Agreement.
bonus that would increase the
number of dwelling units
approved per Specific Plan
No. 2.
20.
Agreement to cast affirmative
Per this Agreement.
ballot for formation of an
assessment district for
maintenance of parkway and
median landscaping, street
lighting, and parks.
21.
Agreement to pay all City
Per this Agreement and
capital improvement,
Conditions of Approval.
development and processing
fees.
Honorable City Council
March 19, 2003
Page 7
#
REQUIREMENT
STATUS
22.
Formation of one (1) or more
These requirements will be
property owners associations
included in the CC &R's
to assume ownership and
prepared for the project.
maintenance of open space
land, trails, and other
amenities.
23.
Provide irrevocable offer of
This requirement is a
dedication to the City for
condition of approval of
the future rights -of -way for
the Tentative Tract Map,
State Route 23 and State
and a statement will be
Route 118.
required on the Final Map.
24.
Provide vehicular access to
These improvements will be
properties west of Spring
included in the improvement
Road.
plan package and will be
bonded for prior to
recordation of the Final
Map.
25.
Construct a solid block wall
These improvements will be
to replace existing block
included in the improvement
wall /wrought iron fence along
plan package and will be
the Spring Road and Charles
bonded for prior to
Street frontages (if deemed
recordation of the Final
necessary by the City).
Map.
26.
Remove existing block
These improvements will be
walls /fences and construct a
included in the improvement
solid decorative block wall
plan package and will be
along the west side of Spring
bonded for prior to
Road.
recordation of the Final
Map.
27.
Provide irrevocable offer of
To be required prior to or
dedication to the City for
with recordation of the
ultimate build out of "Old"
Final Map.
Los Angeles Avenue
improvements and Spring Road
improvements not required to
be constructed by the
developer.
28.
Acquire the property needed
The developer has acquired
to improve the intersection
the necessary property.
of Charles Street and Spring
Road.
29.
Provide irrevocable offer of
To be required prior to or
dedication to the City for
with recordation of the
right -of -way for the
Final Map.
extension of "C" Street.
Honorable City Council
March 19, 2003
Page 8
#
REQUIREMENT
STATUS
30.
Construct a public trail
This requirement is a
system as identified in the
condition of approval of
Specific Plan, including a
the Tentative Tract Map,
cash deposit of one hundred
and a statement will be
2.
fifty thousand dollars
required on the Final Map.
($150,000) to fund the
been submitted by the
maintenance of the trail
landowners.
system.
31.
Provide irrevocable offer of
This requirement is a
dedication to the City for
condition of approval of
Planning Area 17.
the Tentative Tract Map,
and a statement will be
required on the Final Map.
32.
Payment of one hundred twenty
To be included with
five thousand ($125,000) to
Mitigation Monitoring
satisfy the Final EIR
requirements.
Transportation /Circulation
Mitigation Measure 2, and for
the developer's share of
contribution to intersection
improvements at Los Angeles
Avenue and Tierra Rejada
Road.
All requirements of the Development Agreement will be 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 twelve (12) specific provisions, as
summarized below.
#
REQUIREMENT
STATUS
1.
Commit necessary time and
The RPD's and Modification
resources on expedited parallel
to the Tentative Tract Map
processing for subsequent
are being processed
approvals.
concurrently.
2.
Commence proceedings to form a
No petition or fees have
Mello -Roos Community Facilities
been submitted by the
District, upon receipt of
landowners.
landowners petition and payment
of fee.
Honorable City Council
March 19, 2003
Page 9
#
REQUIREMENT
STATUS
3.
Proceed to acquire, if
The developer has acquired
requested, and at developer's
the necessary property.
sole cost and expense,
easements or fee title to land
not held by the developer, but
necessary for construction of
required improvements.
4.
Authorization for City Manager
Pending approval of grading
to sign an early grading
plans.
agreement.
5.
Agreement to allow concurrent
Concurrent processing is
processing of land use
being done.
entitlements for the same
property, so long as, deemed
complete.
6.
Agreement that the land and
Per this Agreement.
improvements required under
subsection 6.9. of the
Development Agreement meet the
developer's obligation for park
land dedication for the
designated 570 units.
7-.
Agreement to allow the
Pending dedication of
developer to receive the
public open space area.
maximum amount of tax benefit
for dedication of public open
space in Planning Areas 12 and
13.
8.
Agreement to appoint an
Nancy Burns, Senior
affordable housing staff person
Management Analyst is the
to oversee the implementation
City's housing coordinator.
of the affordable housing
requirements.
9.
Agreement to allow for a
Per this Agreement.
variation of five feet (5')
maximum in grades as shown on
the grading exhibit for
Specific Plan No. 2, subject to
approval of the Community
Development Director.
10.
Agreement to limit the payment
Per this Agreement.
of the Los Angeles Avenue Area
of Contribution (AOC) fee to
only the first four hundred
seventy five (475) residential
Honorable City Council
March 19, 2003
Page 10
#
REQUIREMENT
STATUS
units and any institutional
uses within the project. The
AOC fee shall be the amount in
effect at the time of issuance
of building permit.
11.
Agreement to facilitate the
Pending construction of
reimbursement to the developer
potentially reimbursable
of costs incurred that may be
improvements.
subject to partial
reimbursement from other
developers.
12.
Agreement that the developer
Per this Agreement.
shall not be required to pay
the Gabbert Road /Casey Road
Area of Contribution Fee
referenced in the Final EIR.
(Specific Plan No. 2 is not
within the boundaries of this
AOC) .
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 Morrison - Fountainwood- Agoura has, to date, complied
in good faith with the terms and conditions of the agreement.
STAFF RECONMNDATIONS:
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Morrison - Fountainwood- Agoura 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
3) Letter from Morrison - Fountainwood- Agoura, dated September 6,
2002.
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i►. ✓RRI,SO,'V FOUN7AINi3jOOD -AGOL' A,.A
621 Ka Alondra, ,Suite. 607
Camarillo, California 93012
(805) 182 -2423 Fax (845) 482 -9301
September 6, 2002
Ms. Laura Stringer, Senior Management Analyst
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Annual Review of Development Agreement, .itloorpark Highlands Specific Plan No.
Dear Ms. Stringer
I have enclosed the completed above referenced application and the $1760.00 processing
fee.
The Development Agreement became effective on November 5,1999. The following
items have been completed:
1. The Specific Plan and Zoning Code Amendment became effective November
5,1 999
2. The .Local Agency Formation Commission (LAFCO) approved the annexation
of Specific Plan No. 2 to Ventura County Water Works District No.1 on May
17,2000
3, The Planning Conunission approved Tentative Map 5045 on May 26,2000
4. The City Council approved Tentative Map 5045 on August 2,2000
5, The Developer has paid all costs associated with processing and its account
with the City is current.
6. The ofr property waterline through 1 Tappy Camp Regional Park and I he Rustic
Canyon Golf Course has been installed
7. The California Department of fish and Game 1603 Streambed Alternation
Agreement and Los Angeles Regional Water Quality Control Board
Certification have been obtained
The following; items are now undentiva_y:
1. The processing ort.he Habitat Conservation flan and Section 1.0 Permit with the
United States Fish and Wildlife Service is nearly complete
2. The Residential Planned Development hermit application has been submitted,
reviewed several tithes and resubmitted
CC ATTACHMENT 3
1�,,Y%RRISON- FOUNTAINWOOD- AGOURA
621 ria Alondra, Suite 607
Camarillo, California 93012
(805) 482 -2423 Fax (805) 482 -9301
The Manor Modification of the Tentative Map has been submitted, reviewed
several times and resubmitted
d. The Grading and Subdivision Improvement Plans have been through l" plan
check and will be resubmitted after the Minor Modification to the Tentative Map
has been approved by the City
The Developer is in good faith compliance with the Development Agreement
Please call me if you have any questions or require additional information.
Sincerely,
f
Dennis Mitchem
cc: Jim Bizzelle, Pardee Construction Co.