HomeMy WebLinkAboutAGENDA REPORT 2013 1016 CCSA REG ITEM 10E ITEM 10.E.
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development D. for (6)4- 0. 4�
Prepared By: Joseph Fiss, Principal Planner
DATE: September 27, 2013 (CC Meeting of 10/16/2013)
SUBJECT: Consider Report of Annual Development Agreement (DA 2003-01)
Review, Established in Connection with Canterbury Lane (Tract No.
5425), Located on the South Side of Los Angeles Avenue East of
Fremont Street, on the Application of Shea 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 April 20, 2005, the Moorpark City Council adopted Ordinance No. 313 (effective May
20, 2005), approving Development Agreement 2003-01 between the City of Moorpark
and Shea Homes, Limited Partnership (Shea). The Agreement was approved in
connection with the Tract No. 5425/RPD No. 2003-02, a 102 unit single-family
residential development, located south of Los Angeles Avenue, east of Fremont Street.
The Agreement remains in full force and effect for twenty (20) years from the operative
date of the Agreement (until May 20, 2025), 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 Agreement with Shea. Shea has submitted the necessary
application form, related materials, and fee/deposit for the 2013 annual review. The
Community Development Director has reviewed the submitted information and the
project status and provides the following report.
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Honorable City Council
October 16, 2013
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DISCUSSION
Current Project Status
• Mass grading plans and permit were approved in August 2012 and soil import is
mostly complete.
• Rough grading and improvement plans were approved in June 2013 and is
underway.
• A subdivision improvement agreement was approved by City Council on June 19,
2013.
• Permits have been issued for two model houses and construction has begun. All
required fees were adjusted per the agreement and paid for the two homes. A
table of the adjusted development fees is provided below.
• Shea anticipates recording the final map for Tract 5425 in the last quarter of
2013.
• The City is currently processing an amendment to Section 6.9 of the
Development Agreement to adjust the Affordable Housing Requirement. This is
a separate item on the October 16, 2013 City Council meeting agenda.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development
Agreement and include twenty (20) 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 this Agreement, Developer is in compliance with all
Project Approvals, all Subsequent Approvals the requirements at this time.
Mitigation Monitoring and Reporting Program of
the Mitigated Negative Declaration and any
subsequent or supplemental environmental
actions.
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 Eight Hundred Ninety-Five Dollars paid) using the Consumer Price Index (CPI) in
($8,895.00) per residential unit and Forty accordance with the Agreement. Fees must
Thousand Twenty-Eight Dollars ($40,028.00) per be paid prior to issuance of Zoning Clearance
gross acre of institutional land. for Building Permit. Building Permits for
model homes have been issued.
4. Payment of "Citywide Traffic Fees" of Five These fees will be adjusted annually (until
Thousand Seventy-Five Dollars ($5,075.00) per paid) using the State Highway Bid Price Index
residential unit, and Twenty-Two Thousand, in accordance with the Agreement. Fees
Eight Hundred Thirty-Eight Dollars ($22,838.00) must be paid prior to issuance of Zoning
per acre of institutional land. Clearance for Building Permit. Building
Permits for model homes have been issued.
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Honorable City Council
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NO. REQUIREMENT STATUS
5. Payment of "Community Service Fees" of Two These fees will be adjusted annually (until
Thousand, Two Hundred Thirty-Three Dollars paid) using the Consumer Price Index (CPI) in
($2,233.00) per residential unit, and Seven accordance with the Agreement. Fees must
Thousand Seventy Dollars ($7,070.00) per gross be paid prior to issuance of Zoning Clearance
acre of institutional land. for Building Permit. Building Permits for model
homes have been issued.
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 Eight Thousand Two Hundred Forty paid) using the Consumer Price Index (CPI) in
Dollars ($8,240.00) for each residential dwelling accordance with the Agreement. Fees must
unit and Fifty Cents ($.50) per square foot of be paid prior to issuance of Zoning Clearance
each building used for institutional purposes. for Building Permit. Building Permits for model
homes have been issued.
8. Prior to Final Map recordation, confirmation from If determined necessary, these improvements
Ventura County Waterworks District No. 1 that will be included in the Water Works District
sufficient recycled water is available to serve No. 1 improvement plan package and will be
public and community owned landscape areas. bonded for prior to recordation of the Final
Design and construction of facilities required to Map. At the present time, no connection
deliver the reclaimed water to the project, and points exist within the vicinity of the project.
payment of any connection/meter fees required
by the District.
9. Provide nine (9) three (3) bedroom and two (2) The City is currently processing an
bath single family attached units with a minimum amendment to this section for Council
of 1,600 square feet to be sold to buyers who consideration as a separate item on the
meet the criteria for low income (80 percent or October 16, 2013 agenda.
less of median income).
Provide six (6) three (3) bedroom and two (2)
bath single family attached units with a minimum
of 1,600 square feet to be sold to buyers who
meet the criteria for very low income (50 percent
or less of median income).
Provide five (5) three (3) bedroom and two (2)
bath single family attached units with a minimum
of 1,600 square feet to be sold to buyers who
meet the criteria for moderate income (120
percent or less of median income).
The units shall include amenities as specified in
the Agreement.
Prior to recordation of the first final Tract Map for
this Project, execute a Purchase and Sale
Agreement which further sets forth the
Developer's obligations of this subsection and
City's obligations per Subsection 7.7
Deposit $120.00 for each dollar or portion thereof
of the monthly HOA fees that are in excess of
$100.00 into a City administered trust to assist with
future HOA fees for each affected affordable unit.
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NO. REQUIREMENT STATUS
Comply with purchase price requirements per the
Agreement.
Pay closing costs not to exceed six-thousand
dollars $6,000.
10. Pay Air Quality Fee in the amount of One These fees will be adjusted annually (until
Thousand, Six Hundred, and Thirty-Six Dollars paid) using the Consumer Price Index (CPI) in
($1,636.00) per residential unit, and for accordance with the Agreement. Fees must
institutional uses at a rate calculated by the be paid prior to issuance of Zoning Clearance
Community Development Department. for Building Permit. Building Permits for model
homes have been issued.
11. 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.
12. Agreement to cast affirmative ballots for To date no assessment district has been
formation of one or more assessment districts for required.
maintenance of parkway and median
landscaping and street lighting, including but not
limited to all water and electricity costs.
Agreement to form property owner's
association(s) to provide landscape, street
lighting and park (if necessary) open space land,
trails drainage facilities maintenance and
compliance with NPDES requirements.
13. Payment of all City capital improvement and Developer is in compliance with all
processing fees. requirements at this time. Fund review
ongoing.
14. Payment of Los Angeles Avenue Area of Fees must be paid prior to issuance of Zoning
Contribution (AOC) Fee. Clearance for Building Permit. Building
Permits for model homes have been issued.
15. Provide for a 50-year life, as determined by the To be part of the Street Improvement Plans to
City Engineer, for all public street improvements. be reviewed and approved by the City
Engineer.
16. Agreement to pay any fees and payments Developer is in compliance with all
pursuant to this Agreement without reservation. requirements at this time.
17. Agreement to comply with requirements for To date, the applicant has complied with
annual review of the Agreement including review requests and Mitigation Monitoring
evaluation of Mitigation Monitoring Program. Program requirements.
18. Provide deposits for the proceedings and related To date no assessment district has been
services for possible formation of a District as required.
referenced in Subsection 7.6
19. 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.
20. In the event referenced indices are discontinued To date, referenced indices remain effective.
or revised, successor indices shall be used.
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.
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City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of the Agreement and include eight
(8) specific provisions, as summarized below:
NO. 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 developer's 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
grading permit. requested to date.
4. Agreement to process concurrently, whenever To date, City has complied.
possible, all land use entitlements for the same
property (so long as deemed complete).
5. Agreement that Park Fee required per Section 6.7 To date, City has complied.
meets obligation for park land dedication provisions
of state law and local codes.
6. Agreement to commence proceedings for To date no assessment district has been
Community Facilities District formation and incur required.
bonded indebtedness.
7. Agreement to appoint affordable housing staff The Redevelopment Manager in the
person to oversee the implementation of affordable Community Development Department
housing requirements. oversees affordable housing requirements.
8. Agreement to facilitate reimbursement to developer To date, no such request has been
of any costs incurred that may be subject to partial received.
reimbursement from other developers.
Adjusted Development Agreement Fees
As mentioned above, the Development Agreement calls for adjustment of the various
fees at different times. Currently, the adjusted fees are as follows:
DA
Section Fee Description Current Fee Base Fee
6.3 Development Fee $8,895.00 $8,895.00
(Indexes 1 yr after first building permit)
6.4 Citywide Traffic Fee $7,305.14 $5,075.00
Indexing Begins January 1, 2006
Caltrans Annual Index *
6.5 Community Services Fee $8,055.07 $7,070.00
Indexing beings January 1, 2008
CPI Index (August to August) *"
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6.7 Park Fee
(Indexes 1 yr after first building permit) $8,240.00 $8,240.00
6.10 Air Quality Fee $1,893.89 $1,636.00
Indexing begins March 1, 2007
CPI Index (December to December) **
6.14 Los Angeles Avenue Area of Contribution Fee $7,807.00
(Fixed Fee - Current Fee Amount)
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 Shea 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, on
the basis of substantial evidence, that Shea Homes, Limited Partnership 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 Shea Homes
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