HomeMy WebLinkAboutAGENDA REPORT 2005 0105 CC REG ITEM 10CMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10-C .
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of I—S— 0
ACTION: Aoarove. &iCR4
Irv, 1-:.I
TO: Honorable City Council
i
FROM: Barry K. Hogan, Community Development Director ���7 P)(
Prepared By: Laura Stringer, Senior Management Analys
DATE: December 16, 2004 (CC Meeting of 1/05/2005)
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 Morri son- 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 (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 05 0105rev.doc
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Honorable City Council
January 5, 2005
Page 2
The Community Development Director has reviewed the submitted
information and the project status and provides the following
report.
DISCUSSION:
Current Protect Status
The following aspects of Specific Plan No. 2 have been completed to
date:
• 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.
• An Early Grading Agreement was approved. Mass grading and
construction of backbone storm drain improvements are underway.
• Modification and permit adjustment to the tentative tract map
were approved for gated private streets, reduction in the number
of lots and modifications to recreation areas.
• Residential Planned Development Permits (RPD's) for Planning
Areas 1 through 4 and amendment to the Specific Plan for set
backs was approved on July 7, 2004.
• An encroachment permit for work in Walnut Canyon Road has been
approved by Caltrans.
The following aspects of Specific Plan No. 2 are currently
underway:
• RPD and Zoning Ordinance Amendment (ZOA) applications have been
submitted for Planning Areas 5, 8 and 9. The RPD's and ZOA for
Planning Areas 8 and 9 are scheduled for Planning Commission
consideration on January 4, 2005, and will likely be presented
to City Council during February, 2005. The RPD and ZOA for
Planning Unit 5 are in review.
Honorable City Council
January 5, 2005
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
• Rough grading plans are in final review for the City Engineer's
signature. The final maps are in review, with a target of March
27, 2005, for recordation. The water and sewer plans are in
final review for Water Works District No. 1 signatures. The
street and storm drain improvement plans are in third plan check
with the City Engineer.
• The Spring Road wall plans have been conceptually reviewed by
staff. A letter to property owners affected by the wall
construction was sent during December 2004. Staff will be
working with Pardee to address property owner questions.
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.
Honorable City Council
January 5, 2005
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
Per Engineering, the
easement to the City to
conservation easement is
retain the Open Space lots
included on the Final Map.
within Planning Areas 10, 11,
14, 15 and 16, allowing only
those uses permitted in the
Development Regulations of
the Specific Plan Open Space
Zones.
1)q)093
Honorable City Council
January 5, 2005
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
Agreement - Annual Review.
9.
Dedication of approximately
Per Engineering, dedication
seven (7) acres of parkland
of the park site is
to the City, including
included on the Final Map.
construction of park
The improvements to the
improvements, as detailed in
park are to be completed
the agreement.
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. Staff has met
with the developer to
review alternative
conceptual plans for the
park.
10.
Construct public streets
Per Engineering, the
adjacent to school and park
improvements are included
sites.
in the improvement plan
package and will be bonded
for prior to recordation of
the Final Map.
11.
Construct appropriately sized
If determined necessary,
water line, pumping
these improvements will be
facilities, and storage
included in the Water Works
facilities for recycled
District No. 1 improvement
water.
plan package and will be
bonded for prior to
recordation of the Final
Map. At the present time,
no connection points exist
within the vicinity of the
project.
')0093 .
Honorable City Council
January 5, 2005
Page 6
NO.
12.
13.
14.
REQUIREMENT
Dedication of greenbelt, open
space areas, landscape areas,
and trails to the City. Such
areas not dedicated to the
City shall include a
conservation easement to the
City.
Grant a conservation easement
to the City for Planning
Areas 12 and 13 to insure
public open space.
Prior to recordation of the
first final map, provide a
City Council approved
Affordable Housing
Implementation and Resale
Restriction Plan (Plan) with
provisions for:
Buyers who meet the criteria
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.
Prior to occupancy of the
first residential unit,
execute an Affordable Housing
Agreement that incorporates
the Plan.
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.
STATUS
The trails, greenbelts and
open space areas are shown
on the final map, but
require final approval from
Community Development. The
trails are also included on
the rough grading plan and
landscape plans.
Per Engineering, the
conservation easements are
included on the Final Map.
Staff is considering use of
a Purchase and Sale
Agreement in lieu of an
Affordable Housing
Agreement.
Staff has requested the
$5,000 payment.
t_DoO 934_
Honorable City Council
January 5, 2005
Page 7
NO.
REQUIREMENT
STATUS
14.
Payment of In -Lieu Fees of
These fees will be adjusted
Cont
three thousand, five hundred
annually (until paid) using
dollars ($3,580) per unit
the Consumer Price Index
(for each of the dwelling
(CPI) in accordance with
units in the project).
the agreement. Fees must be
paid prior to issuance of
Zoning Clearance for
Building Permit. No
Building Permits have been
issued.
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"
calculated and collected
to be calculated as a
prior to Zoning Clearance
condition of the issuance of
for Building Permit. No
building permit for each
Building Permits have been
unit.
issued.
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. These wall plans have
not yet been submitted to
Engineering.
17.
Submit and gain approval from
This item has not yet been
City Council of a plan to
completed. Staff will
guarantee the agreements
require that it be
contained in Section 6.
completed prior to approval
of the RPD for Planning
Area 5.
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. The traffic signal
plans are currently in
design.
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.
Honorable City Council
January 5, 2005
Page 8
NO.
REQUIREMENT
STATUS
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
Per Engineering, the offer
dedication to the City for
has been included on the
the future rights -of -way for
Final Map.
State Route 23 and State
Route 118.
24.
Provide vehicular access to
Per Engineering, these
properties west of Spring
improvements have been
Road.
included in the improvement
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. To date,
this wall has not been
deemed necessary.
26.
Remove existing block
The wall improvement plans
walls /fences and construct a
have been reviewed by the
solid decorative block wall
City Engineer and Case
along the west side of Spring
Planner. City comments are
Road.
currently being addressed.
The wall must be
constructed or bonded for
prior to recordation of the
Final Map.
Honorable City Council
January 5, 2005
Page 9
NO.
REQUIREMENT
STATUS
27.
Provide irrevocable offer of
Per Engineering, the offer
dedication to the City for
has been included on the
ultimate build out of "Old"
Final Map.
Los Angeles Avenue
improvements and Spring Road
limprovements
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
Per Engineering, an offer
dedication to the City for
of dedication has been
right -of -way for the
included on the Final Map
extension of "C" Street.
and required improvements
included on the plans.
Improvements will be bonded
for prior to recordation of
the Final Map.
30.
Construct a public trail
The trails are shown on the
system as identified in the
final map, but require
Specific Plan, including a
final approval from
cash deposit of one hundred
Community Development. The
fifty thousand dollars
trails are also included on
($150,000) to fund the
the rough grading plan and
maintenance of the trail
landscape plans. The
system.
required deposit has not
yet been submitted.
31.
Provide irrevocable offer of
Per Engineering, the offer
dedication to the City for
has been included on the
Planning Area 17.
Final Map.
32.
Payment of one - hundred-
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
+. 00 J3'I
Honorable City Council
January 5, 2005
Page 10
development; including but not limited tog 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, ZOA's and
resources on expedited parallel
Modification to the
processing for subsequent
Tentative Tract Map are
approvals.
being processed
concurrently as they are
submitted.
2.
Commence proceedings to form a
A Community Facilities
Mello -Roos Community Facilities
District is currently in
District, upon receipt of
the process of formation,
landowners petition and payment
subject to final approval
of fee.
by the City Council.
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
An Early Grading Agreement
to sign an early grading
has been executed, and mass
agreement.
grading is underway.
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.
90093S
Honorable City Council
January 5, 2005
Page 11
NO.
REQUIREMENT
STATUS
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
AOC fees will be collected
of the Los Angeles Avenue Area
prior to Zoning Clearance
of Contribution (AOC) fee to
for Building Permit. No
only the first four hundred
Building Permits have been
seventy five (475) residential
issued.
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).
f1d00039
Honorable City Council
January 5, 2005
Page 12
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 Pardee Homes has, to date, complied in good faith
with the terms and conditions of the agreement.
STAFF RECOMMENDATION:
1. Accept the Community Development Director's Report and
recommendation that, on the basis of substantial evidence,
Pardee Homes 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 Pardee Homes, October 25, 2004.
000'J40
90 41
j LANDSCAPED
IA,200SF.
TR. 5045 -1 "r
7y% X7'1•'
NATURAL r.t'
r
PA 8
TR. 5015.1
Fit-
- 1 NATURAL
I \ ,
L_
TI-SONS-1 MAJORS
0 Unds
Habitat Commotion Area
101.3 Ac.
Hwy Oeom.tio.
.1.t Ac.
PrNata Open Space
27.0 A,
Major Roads
21.0 At
PAS TILSO64 MFRaidonlial
TOTAL . 2024 At,
PA 1 TIL 51112 SF Residential 95 Units
Residential Are.
17,1 At.
Delman 9."
q] At
Recratian Ara
01 At
TOTAL = 3.5 Ac.
TOTAL = 316 At
4s'
PAS TIL S045-7 Park
0 Units
HCA
♦�1iw7�
IT
T .)
¢A' t
LANDSCAPED
..
.:• I r r , ✓ �' \ �:�A. 50A� -7' "t .�
344,100 SF,
PA2 TIL SOIS•1 SF Residential
71 Units
PAS TILSO64 MFRaidonlial
102 Units
RaidenaFAra
13.1 At
Residential Area
PA 7 1 r f
NATURAL
= 10.1 Ac.
TOTAL = 3.5 Ac.
PA 3 TN. S645•1 SF Residential
75 Units
PAS TIL S045-7 Park
0 Units
HCA
_ 1
LANDSCAPED
121,100 SF.
Raidenoal Ara 21.6 Ac.
R6creation Area .5 At
TOTAL . 22.1 At
PAI TR.561S -6 SFAwden6rd 71 Units
Reaidential Area 23.1 At
TOTAL = 23.7 At.
Park Ara 7,1 Ac.
TOTAL = 7.1 Ac.
PA 1 TR.r9015-1 School 0 Urine
School Area 21.9 At
TOTAL = 21.9 A, .
PA TR. 5046.6 SF Residential 37 Units
Residenbal Area 23.6 Ac.
TOTAL = 234 Ac.
PAS TIL SM-3 SF Residential 95 Wits
RnidenUalAns 15.3 Ac.
Open Space Area 67.1 At.
TOTAL . 12.1 Ac.
TOTAL UNITS . 551 UNITS
TOTAL AREA = 156 ACRES
CC ATTACHMENT 2
NOTE. Lammw#j tau Ty. ta.te0
A R. M 10 Lew 0. lee F.W
MOORPARK HIGHLANDS
0117.2003
_ WN.NS -
PA2 TIL SOIS•1 SF Residential
71 Units
PAS TILSO64 MFRaidonlial
102 Units
RaidenaFAra
13.1 At
Residential Area
S.S At
TOTAL
= 10.1 Ac.
TOTAL = 3.5 Ac.
PA 3 TN. S645•1 SF Residential
75 Units
PAS TIL S045-7 Park
0 Units
Raidenoal Ara 21.6 Ac.
R6creation Area .5 At
TOTAL . 22.1 At
PAI TR.561S -6 SFAwden6rd 71 Units
Reaidential Area 23.1 At
TOTAL = 23.7 At.
Park Ara 7,1 Ac.
TOTAL = 7.1 Ac.
PA 1 TR.r9015-1 School 0 Urine
School Area 21.9 At
TOTAL = 21.9 A, .
PA TR. 5046.6 SF Residential 37 Units
Residenbal Area 23.6 Ac.
TOTAL = 234 Ac.
PAS TIL SM-3 SF Residential 95 Wits
RnidenUalAns 15.3 Ac.
Open Space Area 67.1 At.
TOTAL . 12.1 Ac.
TOTAL UNITS . 551 UNITS
TOTAL AREA = 156 ACRES
CC ATTACHMENT 2
NOTE. Lammw#j tau Ty. ta.te0
A R. M 10 Lew 0. lee F.W
MOORPARK HIGHLANDS
0117.2003
nPardeeHomes
October 25, 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 and the $2,000 filing fee.
The Development Agreement became effective on November 5, 1999. The following
items had previously been completed:
a. The Specific Plan and Zoning Code Amendment became effective November 5,
1999.
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.
The following items have been completed over the past year:
f. Mass Grading is approved and has been underway since May 2004. With the
grading, approximately half of the backbone storm drain system has been installed.
g. The Modified Tentative Tract Map was approved by the City on January 21, 2004
for Permit Adjustment /Modification No. 1 to Tentative Tract Map No. 5045.
h. The Specific Plan No. 95 -02 was amended; Zoning Ordinance No. 2002 -02; and
RPD for PA's 1 -4 (Residential Planned Development Nos. 2002 -03; 2002 -04; 2002-
05) were approved by the City Council on July 7, 2004.
i. An Encroachment Permit has been approved by Caltrans for access front to the
Walnut/Canyon Road.
2. The following items are now underway:
RPD Applications for Planning Areas (PA's) 5, 8 and 9; a Revised
Specific Plan and Zoning Ordinance have been ready to go to hearing.
CC ATTACHMENT 3
o -)o094
Ms. Laura Stringer
City of Moorpark
October 25, 2004
Page 2
f. Pardee Homes has been actively processing Rough Grading Plans, Improvement
Plans, and Final Maps with the City of Moorpark Engineering Department.
• Rough Grading, Improvement Plans and Final Maps were originally
submitted on February 2002, and are currently being processed.
• Sewer and Water Improvement Plans were originally submitted to
Ventura County Waterworks No. 1 in February 2002.
• Spring Road Wall Plans (off -site) were submitted to the City Engineering
Department in July 2003.
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 tr4W yo
G! Bizzelle, III
ice Pr sident
Director of Community Development
Pardee Homes
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