HomeMy WebLinkAboutAGENDA REPORT 2004 0407 CC REG ITEM 10ETO:
FROM:
DATE:
I'rENr I . E .
f F T,
A.
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Barry K. Hogan, Community Development Director / ill-4-1 A"#-
Prepared By: Laura Stringer, Senior Management Anal st
March 16, 2004 (CC Meeting of 04/07/04)
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 and
Pardee 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 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 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. Pardee Homes (pending successor in title) has submitted
the necessary application form, related materials, and fee /deposit
S: \Community Development \ADMIN \AGMTS \D A \1998 -01 Pardee \agenda reports \cc 040407.doc
000239
Honorable City Council
April 7, 2004
Page 2
on behalf of the current owner. The Community Development Director
has reviewed the submitted information and the project status and
provides the following report.
DISCUSSION:
Current Project 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 developer has informed staff that the following aspects of
Specific Plan No. 2 are currently underway:
• Processing of the Habitat Conservation Plan (HCP) and Section 10
Permit with United States Fish and Wildlife Service has been
determined unnecessary due to the October 2003 wildfires. A
Resource Conservation Area (RCA) will be required to protect the
area previously designated for the HCP.
• The U.S. Army Corps of Engineers Section 404 Permit process is
complete. The Corps has declined jurisdiction over the project.
• The Los Angeles Regional Water Quality Control Board Application
for a Section 401 Certification has been conditionally approved.
• The process to obtain a Section 1603 Streambed Alteration
Agreement from the California Department of Fish and Game has
been completed.
• 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. An April 20, 2004,
Planning Commission hearing date has tentatively been set.
Honorable City Council
April 7, 2004
Page 3
• Modifications to Tentative Map No.
gated private streets, reduction
modifications to recreation areas.
5045 have been approved for
in the number of lots and
• An early grading agreement and associated improvement agreement
have been authorized by the City Council, subject to final
language to be approved by the City Manager and City Attorney,
but has not yet been entered into.
• An Environmental Impact Report (EIR) for the grading of the SR-
23 Bypass and the North Hills Parkway has been authorized and it
is anticipated that the developer will be required to grade the
rights -of -way upon completion of the EIR.
In accordance with Section 3.2, an assumption agreement must be
processed prior to Pardee Homes taking title to the property_
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.
NO.
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 12th
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 to be free of
clear title to any property
liens and encumbrances.
required for dedications.
000141
Honorable City Council
April 7, 2004
Page 4
NO. REQUIREMENT STATUS
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.
5.
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.
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.
000142
Honorable City Council
April 7, 2004
Page 5
NO.
REQUIREMENT
STATUS
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
9.
Dedication of approximately
Agreement - Annual Review.
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.
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.
000143
Honorable City Council
April 7, 2004
Page 6
000144
NO.
13.
REQUIREMENT
Grant a conservation easement
to the City for Planning
Areas 12 and 13 to insure
public open space.
STATUS
These areas will be
included in the Final Map
processing and recordation.
14.
Provide an Affordable Housing
Staff has provided the
Agreement or Implementation
developer with criteria for
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.
Payment of In -Lieu Fees of
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. No Building Permits
building permit for each
have been issued.
unit.
000144
Honorable City Council
April 7, 2004
Page 7
-No-.
REQUIREMENT
STATUS
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. Pardee initially
submitted improvement plans
in July 2003.
17.
Submit and gain approval from
This item is still pending;
City Council of a plan to
however, it will be
guarantee the agreements
accomplished prior to
contained in Section 6.
approval of any Residential
18.
Install traffic signals as
Planned Development Permit
These improvements
determined by the City.
will be
included in
the improvement
plan package and will be
bonded for prior to
recordation of the Final
Map.
19.
Waive rights to any density
To date, the developers
bonus that would increase the
have complied with this
number of dwelling units
requirement.
approved per Specific Plan
No. 2
20.
Agreement to cast affirmative
To date, the developers
ballot for formation of an
have complied with this
assessment district for
requirement.
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.
22.
Formation of one (1) or more
These requirements will be
property owners associations
included in the CC &Rs
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.
000145
Honorable City Council
April 7, 2004
Page 8
NO.
REQUIREMENT
STATUS
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, if
to replace existing block
deemed necessary by the
wall /wrought iron fence along
City, will be included in
the Spring Road and Charles
the improvement plan
Street frontages (if deemed
package and will be bonded
necessary by the City).
for prior to recordation of
the Final 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.
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
fifty thousand dollars
required on the Final Map.
($150,000) to fund the
The required deposit has
maintenance of the trail
not yet been submitted.
system.
000146
Honorable City Council
April 7, 2004
Page 9
NO.
REQUIREMENT
STATUS
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
32.
Payment of one - hundred-
required on the Final Map.
To be included with
twenty- five - thousand - dollars
Mitigation Monitoring
($125,000) to satisfy the
requirements. The required
Final EIR
deposit has not yet been
Transportation /Circulation
submitted, but is due prior
Mitigation Measure 2, and for
to occupancy of the first
the developer's share of
residential unit.
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.
NO. 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 While a Community
Mello -Roos Community Facilities Facilities District (CFD)
District, upon receipt of will be requested, no
landowners petition and payment petition or fees have been
of fee. submitted to date.
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.
O 0014'7
Honorable City Council
April 7, 2004
Page 10
NO.
REQUIREMENT
STATUS
4.
Authorization for City Manager
The City Council has
to sign an early grading
provided clearance for the
agreement.
City Manager to sign an
early grading agreement
(Attachment 4).
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
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.
lil •;
Honorable City Council
April 7, 2004
Page 11
NO.
REQUIREMENT
STATUS
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 Morri son- Fountainwood- Agoura /Pardee Homes have, to
date, complied in good faith with the terms and conditions of the
agreement.
STAFF RECOMMNDATION:
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Morris on- Fountainwood- Agoura /Pardee Homes have 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 March 24,
2004.
000149
000150
LANDSCAPED
i
PAS TR. 5045 -5 SF Residential 37 Units
Residential Area 25.4 Ac.
TOTAL = 28.4 Ac,
PAS TR. 5045.5 SFResidential 95 Units
Residential Area 45.3 Ac,
Open Space Area 47.1 Ac,
TOTAL = 92.4 At
TOTAL UNITS = 554 UNITS
TOTAL AREA = 456 ACRES
CC ATTACHMENT 2
NOTE: landscaped Areas Less Than M000
54 .Ft. An Not Shown On Thu Exhibit
MOORPARK HIGHLANDS
03.17 -2003
LANDSCAPED
427,600 SF.
A,z r.
&
\y F_
W �NILT
—
TR. 5046.1 MAJORS
0 Units
PA 2 TR- 5045- 3 SF Residential 71 Units
PAS TR. 5045.6 Mf Residential
Habitat Conservation Area
101.3 Ac,
102 Units
Hwy Dedication
47.1 Ac
Residential Area 16.1 Ac.
Residential Area 8.5 Ac,
Private Open Space
27.8 Ac
Major Roads
270 Ac
TOTAL = 18.1 Ac,
TOTAL = 8.5 Ac.
TOTAL = 2024 Ac
PA TO. 5045-4 SF Residential 76 Units
PA TR. 5045 -7 Park 0 Units
PA TR. 5046 -2 SF Residential 95 Units
Residential Area 21.6 Ac.
Recreation
Park Area 7.1 Ac
Area .5 Ac.
O
Residential Area
Retention
17.7 Ac.
TOTAL = 22.1 Ac.
TOTAL = 7.I Ac.
Recreation Area
Are
13.3 Ac.
PA
PA 7 TA. °5045 -7 School
0.8 Ac.
TR. 5045 -5 SF Residential 78 Units
0 Units
TOTAL 311 Ac,
Residential Area 237 Ac
School Area 21,9 Ac,
TOTAL 23.7 Ac
TOTAL = 21.9 Ac
X11
as,
i
PAS TR. 5045 -5 SF Residential 37 Units
Residential Area 25.4 Ac.
TOTAL = 28.4 Ac,
PAS TR. 5045.5 SFResidential 95 Units
Residential Area 45.3 Ac,
Open Space Area 47.1 Ac,
TOTAL = 92.4 At
TOTAL UNITS = 554 UNITS
TOTAL AREA = 456 ACRES
CC ATTACHMENT 2
NOTE: landscaped Areas Less Than M000
54 .Ft. An Not Shown On Thu Exhibit
MOORPARK HIGHLANDS
03.17 -2003
MAR 25 2004 4:06 PM FR
March 24, 2004
Ms. Laura Stringer
Senior Management Analyst
City of Moorpark
799 Moorpark Road
Moorpark, California 93021
RE: Annual Review of Development Agreement
Moorpark Highlands, Specific Plan No. 2
Dear Ms. Stringer:
I have enclosed the completed above referenced application.
TO 95298270 P.02
1. The Development Agreement became effective on November 5, 1999- The following
items have been completed:
a. The Specific Plan and Zoning Code Amendment became effective November 5,
1 999.
b- The Local Agency Foundation Commission (LAFCO) approved the annexation of
Specific Plan No- 2 to Ventura County Water Works District No. 1 on May 17,
2000.
C. The Planning Commission approved Tentative Map 5045 on May 26, 2000.
d. The City Council approved Tentative Map 5045 on August 2, 2000.
e. The Developer has paid all costs associated with processing and its' account with
the City is current.
f. January 13, 2004 City approved Permit Adjustment No. 1 (modification) to
Tentative Tract Map 5045.
9• March 3, 2004 City Council concurs that Condition CDD -45 of Resolution 2000-
1767 for Habitat Conservation Plan has been fulfilled; as there are no
gnatcatchers or habitat existing on the site.
2. The following items are now underway:
a• On March 3, 2004 City Council directed staff to prepare an Early Grading
Agreement, and directed staff regarding the Highway 23 and 118 reservations on
the project site.
b. RPD Applications for Planning Areas (PA's) 1-4; a Revised Specific Plan and
Zoning Ordinance are scheduled for Planning Commission hearing on April 20,
2004 and City Council on May 5, 2004-
2. Pardee Homes has been attempting to process Grading Plans and Improvement
Plans with the City of Moorpark Engineering Department.
CC ATTACHMENT 3
000152
MAR 25 2004 4:06 PM FR
MS, Laura Stringer
City of Moorpark
March 24, 2004
Page 2
TO 95298270 P.03
• Rough Grading and Improvement Plan for Planning Areas, (PA's) 1 -4 and
the Backbone System were originally submitted on February, 2002,
• Sewer and Water Improvement Plans for PA's 1 -4 and Backbone System
were originally submitted to Ventura County Waterworks No. 1 in February,
2002.
• A Mass Grading Plan for all Planning Areas was originally submitted to the
City Engineering Department in November 2002. A final check submittal
was submitted on March 8, 2004, and Bond Amounts are being determined.
• Spring Road Wall Plans (off -site) were submitted to the City Engineering
Department in July, 2003,
The improvement plans for the intersection of Charles and Spring Streets are being
Prepared as a separate set of plans.
d. Street Improvement Plans and Final Maps will be submitted for plan check on
March 31, 2004. Improvement Plans for Pa's 1-4 had been submitted previously.
3. The Developer is in good faith compliance with the Development Agreement.
Please do not hesitate to contact me if you have any questions or require additional information_
Very truly yours,
James R. Beck
Land Development Manager
Pardee Homes
M" Pde lr11010769MdMolLetteAMQQRPARK_L Stringer Os.24.o4,d0c
000.73
** TOTAL PAGE.03 **