HomeMy WebLinkAboutAGENDA REPORT 2005 0907 CC REG ITEM 10LrTF 10•L.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of
ACTION:- .
MOORPARK CITY COUNCIL BY:
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: Laura Stringer, Administrativ Services
Manager
DATE: August 19, 2005 (CC Meeting of 09/07/05)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Vistas at Moorpark,
Located on the West Side of Walnut Canyon Road,
Approximately 3,500 Feet North of Casey Road, on the
Application of Moorpark 150, LLC (SunCal Companies)
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 January 21, 2004, the Moorpark City Council adopted Ordinance
No. 299 (effective February 20, 2004), approving a Development
Agreement between the City of Moorpark and Moorpark 150, LLC
(SunCal Companies). The agreement was approved in connection with
the Tract No. 5130 /RPD 1998 -02 a 110 unit single - family residential
development located east of Walnut Canyon Road north of Wicks Road.
The agreement remains in full force and effect for twenty (20)
years from the operative date of the agreement (until February 20,
2024), 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. This is the first annual review of the Development
\ \Mor_pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1998 -03 SunCal \Agenda Reports \cc
050907.doc
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Honorable City Council
September 7, 2005
Page 2
Agreement with Moorpark 150 LLC. SunCal Companies has submitted
the necessary application form, related materials, and fee /deposit
for the 2005 annual review. The Community Development Director has
reviewed the submitted information and the project status and
provides the following report.
DISCUSSION
Current Proiect Status
The developer has provided condition compliance deposits and
has submitted the final map, grading plans, and drainage and
street improvement plans for engineering plan check. A
purchase agreement for the project is pending SunCal
completion of certain conditions of approval for the project.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the
Development Agreement and include twenty -four (24) 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.
Developer shall comply with the Agreement,
Developer is in compliance with all
subsequent project approvals and Mitigation
requirements at this time.
Monitoring Program.
2.
All lands and interests in land shall be dedicated
To be granted at Final Map approval.
free and clear of liens and encumbrances.
3.
Payment of "Development Fees" of eight-
These fees will be adjusted annually (until
thousand - six - hundred - thirty -five dollars ($8,635)
paid) using the Consumer Price Index (CPI)
per residential unit and thirty- eight- thousand-
in accordance with the agreement. Fees
eight- hundred - fifty -eight dollars ($38,858) per
must be paid prior to issuance of Zoning
gross acre of institutional land.
Clearance for Building Permit. No Building
Permits have been issued.
4.
Payment of "Citywide Traffic Fees" of four-
These fees will be adjusted annually (until
thousand - six - hundred - sixty -four dollars ($4,664)
paid) using the State Highway Bid Price
per residential unit and twenty- thousand -nine-
Index in accordance with the agreement.
hundred - ninety -eight dollars ($20,998) per acre
Fees must be paid prior to issuance of
of institutional land.
Zoning Clearance for Building Permit. No
Building Permits have been issued.
5.
Payment of "Community Service Fees" of two-
These fees will be adjusted annually (until
thousand -two- hundred - thirty -three
paid) using the Consumer Price Index (CPI)
dollars($2,233) per residential unit and seven-
in accordance with the agreement. Fees
thousand - seventy dollars ($7,070) per gross
must be paid prior to issuance of Zoning
acre of institutional land.
Clearance for Building Permit. No Building
Permits have been issued.
Honorable City Council
September 7, 2005
Page 3
NO.
REQUIREMENT
STATUS
6.
Payment of all outstanding processing costs.
This is an ongoing 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.
7.
Payment of a fee in lieu of park dedication "Park
These fees will be adjusted annually (until
Fee" of ten - thousand - eighty dollars ($10,080)
paid) using the Consumer Price Index (CPI)
per residential unit and fifty cents ($0.50) per
in accordance with the agreement. Fees
square foot of each building used for
must be paid prior to issuance of Zoning
institutional purposes.
Clearance for Building Permit. No Building
Permits have been issued.
8.
Prior to Final Map recordation, confirmation
If determined necessary, these
from Ventura County Waterworks District No. 1
improvements will be included in the Water
that sufficient recycled water is available to
Works District No. 1 improvement plan
serve public and community owned landscape
package and will be bonded for prior to
areas. Design and construction of facilities
recordation of the Final Map. At the present
required to deliver the reclaimed water to the
time, no connection points exist within the
project, and payment of any connection /meter
vicinity of the project.
fees required by the District.
9.
Grant a conservation easement to the City for
To be recorded with the Final Map for each
lots A, B, C, O and P. Lots A, B and P may
phase.
include wetlands, storm water detention and
debris basins and related service roads,
landscaping and decorative planting areas,
sidewalks and trails that do not interfere with
the open s ace uses.
10.
Payment of one - hundred - forty— thousand
Staring January 1, 2005 this fee increases
dollars $140,000 to satisfy obligation for
by one -half percent (0.05 %) each month
upgrading the intersections of Moorpark Avenue
until paid. The fee must be paid prior to
(SR 23) at Charles Street and at High Street.
recordation of the first Final Map. No Final
Maps have been recorded to date.
11.
Provide five (5) four (4) bedroom and two bath
This obligation may be met by a ratio of one
and two (2) three (3) bedroom and two (2) bath
and one -half (1 -1/2) attached for sale units
single - family detached units with a minimum of
for each required detached single - family
1,200 s.f. for low income (80 percent of or less
unit.
of medium income)
Provide four (4) four (4) bedroom and two bath
No fees have been collected to date for
and one (1) three (3) bedroom and two (2) bath
affordable housing activities.
single - family detached units with a minimum of
1,200 s.f. for very low income (50 percent of or
less of medium income)
The units shall include amenities as specified in
the agreement.
City Council approval and execution of an
Affordable Housing Implementation and Resale
Restriction Plan and an Affordable Housing
Agreement, and payment of up to a maximum
of nine - thousand dollars ($9,000) for City's
direct costs for preparation of the Plan and
Agreement.
Three of the low and three of the very low units
000282
Honorable City Council
September 7, 2005
Page 4
NO.
REQUIREMENT
STATUS
to be occupied by qualified buyers prior to
occupancy of the 50th residential unit in Tract
5130.
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 90th residential unit in Tract
5130.
No less than six (6) of the substituted for sale
units shall be located within the boundaries of
the Moorpark Redevelopment Area.
Comply with requirements for home inspection
and completion of necessary repairs, including
purchase of standard home warranty policy for
a three year period. No shake or wood shingle
roofs shall be approved.
Provide an HOA trust for HOA fees in excess of
$100.
Comply with purchase price requirements per
the agreement.
Pay closing costs not to exceed six - thousand
dollars $6,000
12.
Pay Air Quality Fee in the amount of one-
These fees will be adjusted annually (until
thousand - five - hundred - eighty -eight dollars
paid) using the Consumer Price Index (CPI)
($1,588) per residential unit, and for institutional
in accordance with the agreement. Fees
uses at a rate calculated by the Community
must be paid prior to issuance of Zoning
Development Department.
Clearance for Building Permit. No Building
Permits have been issued.
13.
Waiver of any density bonus rights that would
Applicant has not requested density bonus
increase the number of dwelling units approved
units.
to be constructed on the property.
14.
Agreement to cast affirmative ballots for
Developer has met with staff to review
formation of one or more assessment districts
scope and submittal requirements for
for maintenance of parkway and median
maintenance district formation. The
landscaping and street lighting, including but not
required fees and petition have not yet been
limited to all water and electricity costs.
submitted.
Agreement to form property owners
association(s) to provide landscape, street
lighting and park (if necessary) open space
land, trails drainage facilities maintenance and
comp liance with NPDES requirements.
15.
Payment of all City capital improvement and
Developer is in compliance with all
processing fees.
requirements at this time. Fund review
on oin .
16.
Payment of Los Angeles Avenue Area of
Fees must be paid prior to issuance of
Contribution (AOC) Fee.
Zoning Clearance for Building Permit. No
Building Permits have been issued.
17.
Payment of seventy- thousand dollars ($70,000)
Must be paid prior to approval of first Final
to satisfy Mitigation Measures 2, 5, and 11 for
Map. The fee has not yet been paid
open space acquisition and maintenance, and
habitat restoration and preservation.
000283
Honorable City Council
September 7, 2005
Page 5
NO.
REQUIREMENT
STATUS
18.
Street improvements for North Hills Parkway
To be included with project improvement
designed and constructed for a 50-year life.
plans.
19.
Acquire property needed to improve and make
Property acquisition efforts are ongoing.
2.
improvements to Walnut Canyon Road
This requirement must be completed prior to
consistent with Conditions of Approval for Tract
occupancy of the first residential unit.
5130.
20.
Agreement to pay any fees and payments
Developer is in compliance with all
3.
ursuant to this Agreement without reservation.
requirements at this time.
21.
Agreement to comply with requirements for
To date, the applicant has complied with
4.
annual review of the Agreement including
review requests and Mitigation Monitoring
evaluation of Mitigation Monitoring Program.
Program requirements.
22.
Install six -foot (6) to eight -foot (8') high
To be installed prior to the first residential
decorative masonry wall and landscaping north
occupancy.
of the right -of -way of proposed North Hills
Parkway, subject to approval of Ventura County
Waterworks District No. 1, Community
Development Director and City Engineer.
23.
Provide cash deposit for costs related to
A $100,000 cash deposit has been
formation of Community Facilities District.
submitted for the Community Facilities
District.
24.
Agreement that any property to be acquired by
No request for property to be acquired by
eminent domain shall be at City's discretion and
eminent domain has been submitted to date.
after compliance with all legal requirements.
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 nine (9) specific provisions, as summarized
below.
#
REQUIREMENT
STATUS
1.
Agreement to commit reasonable time and
To date, City has complied with any such
resources on expedited and parallel processing of
requests.
application for subsequent applications.
2.
If requested, at the developers cost, proceed to
To date, no such request has been
acquire easements or fee title to land in order to
received.
allow construction of required public
improvements.
3.
Authorization for the City Manager to sign an early
No early grading permit has been
radin permit.
requested to date.
4.
Agreement to process concurrently, whenever
To date, City has complied.
possible, all land use entitlements for the same
ro ert so long as deemed complete).
000284
Honorable City Council
September 7, 2005
Page 6
#
REQUIREMENT
STATUS
5.
Agreement that Park Fee required per section 6.7
To date, City has complied.
meets obligation for park land dedication
rovisions of state law and local codes.
6.
Agreement to commence proceedings for
Staff is currently working with the Developer
Community Facilities District formation and incur
to formalize the Community Facilities
bonded indebtedness.
District processing.
7.
Agreement to appoint affordable housing staff
The Senior Management Analyst in the
person to oversee the implementation of
Assistant City Manager's Office oversees
affordable housing requirements.
affordable housing requirements.
Agreement to respond within thirty (30) days on
acceptance or rejection of proposed affordable
housing unit per subsection 6.11.
Agreement that Developer may construct rather
than purchase affordable housing units required
per subsection 6.11.
8.
Agreement to allow for a variation of five feet (5')
Any such requests have been processed as
maximum in the grades as shown on the Grading
Permit Adjustments subject to the approval
Plan exhibit, subject to approval of the Community
of the Community Development Director.
Development Director /City Council that the overall
design and visual quality would not be significantly
affected.
9.
Agreement to facilitate reimbursement to
To date, no such request has been
developer of any costs incurred that be subject to
received.
partial reimbursement from other developers.
Evaluation of Good Faith Compliance
Based on a review of the Development
Application and the status of the
Development Director has determined, on
evidence that Moorpark 150 LLC (SunCal
complied in good faith with the term
agreement.
STAFF RECOMMENDATION
Agreement Annual Review
project, the Community
the basis of substantial
Companies) has, to date,
s and conditions of the
1. Accept the Community Development Director's Report and
recommendation, on the basis of substantial evidence, that
Moorpark 150 LLC (SunCal Companies) 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 Map
3. Narrative prepared by SunCal Companies
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SHEET INDEX
SHUT NUMBER — — — SHEET LJMIT
NaUUTY MAP
SCALE: r - 12W
.rt
AREA WTHIN SEISMIC HAZARD ZONE SI"CT TO EAAlFWMES
PER GEOSMWAL REPORT, WORK OROS NO. 2146 -1 -0-26,
LOG NO. 23215 DATED 4XY 8. 2004. PREPARED BY GCRIM A
ASSOMATES, W_ NO STRUCTURES SMALL BE PERMITTED.
ABBREMATIONS
SEE PROPOSED SLOPE EAM"T
SK PROPOSED SDEWALX EASEMENT
PUE PROPOSED PUBLX UTILITY EASEMENT
BASIS OF BEARINGS
THE BEMNG OF N M*5T13* E, FOR THE NORTHERLY LINE
OF TRACT NO. 5130 AS SHOWN ON 53 RS 76 WAS USED AS
THE BASIS OF BEARINGS FOR THIS MAP.
TRAGT No. 5130
IN THE CITY OF MOORPARK
' COUNTY OF VENTURA, CALIFORNIA
A PORTION OF TRACT'S NO. 1 t 2 OF M.L. MKS,
200' 1 200' 4. 5LWly SIGN M M.R. 31) AND A PORTION OF LOTS U" AND
'Y' OF TRACT V OF RANCHO SiMi M M.R 5)
too'
SCALE: 1' -200' NOV819M 2003
EASEMENT LOCATIONS AND LINE WORK NOT TO SCALE
JENSEN DESIGN MO SURVEY. WC . 4171 MARMET STREET SATE Y . VENTURA. CALIFORNIA S4%3 . (W5) 654 -6477
CC ATTACHMENT 2
2004
Annual Review of Development Agreement No. 2001 -01, (RPD 1998 -2 and VTTM 5130)
Since Development Agreement approval in January of 2004:
• Improvement plans have been submitted to plan check for grading, sewer, water, storm
drain, street improvements and final map.
• Plans have been through 3 plan checks and will be submitted soon for 4th check.
• Work has been ongoing in an effort to obtain rights and permits to do the work on Walnut
Canyon Road required by the Agreement. All homeowners from whom easements or
property is necessary to complete the work have been contacted and so far have been
reasonable. CalTrans requirements are complex and slow to resolve but we are continuing
to aggressively pursue a resolution to satisfy their regulations.
• A Community Facilities District for the project has been applied for and is working its way
through City and other agency requirements.
• Affordable housing acquisitions or development will get underway once the Walnut
Canyon Road issues are resolved firmly enough to insure that work can be completed on
Walnut Canyon Road in time to allow occupancies on the tract houses.
• Erosion control on the existing site has been maintained in cooperation with and at the
direction of the City.
• Annual weed abatement required has been maintained.
• All aspects of the project requirements will move along faster once the unknowns
regarding the Walnut Canyon requirements are resolved and time frames for construction
operations can be determined.
Should you have any questions regarding this review application please contact me at 818 -444-
1604.
Ed Pickett
SunCal Companies
CC ATTACHMENT 3
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