HomeMy WebLinkAboutAGENDA REPORT 2012 0516 CC REG ITEM 10D ITEM 10.13.
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MOORPARK CITY COUNCIL �-'--. - ►-�a��•7�s . ,
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development it ctor I
Prepared By: Joseph Fiss, Principal Planner
DATE: May 2, 2012 (CC Meeting of 5/16/2012)
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 2011 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
May 16, 2012
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DISCUSSION
Current Project Status
• On March 17, 2010, the City Council approved Modification No. 1 to Residential
Planned Development (RPD) No. 1998-01, to relocate the required shared
recreation center from the southeast corner of Vesting Tentative Tract Map No.
5425 to the western edge of Vesting Tentative Tract Map No. 5425 in order to
create a more centralized recreation area for both tracts, and to provide a
recreation area for the existing homes in Tract 5133 prior to construction of the
homes in Tract 5425. The recreation center was constructed and completed in
2011.
• Shea has completed the improvement and dedication of Majestic Court from the
easterly boundary of Tract 5133 to the existing terminus of Fremont Street to
create an interim "knuckle" providing future access to Fremont Street. Fremont
Street will eventually be closed at Los Angeles Avenue, and the entrance to the
neighborhood will be from Majestic Court.
• Shea has provided the City with an irrevocable offer of dedication for the public
right-of-way along Los Angeles Avenue and paid for their share of the Los
Angeles Avenue improvements.
• Shea has submitted a mass grading plan for the site to the City. This plan is
currently awaiting final approval. Shea has been working with the City on
resolving issues related to the FEMA Flood Insurance Study and has submitted
an Arroyo Simi drainage study that is currently being reviewed by the City. Shea
continues to import dirt under an existing stockpile permit.
• Shea anticipates recording the final map for Tract 5425 in 2012.
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.
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Honorable City Council
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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)
($8,895.00) per residential unit and Forty in accordance with the Agreement. Fees
Thousand Twenty-Eight Dollars ($40,028.00) 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 Five These fees will be adjusted annually (until
Thousand Seventy-Five Dollars ($5,075.00) per paid) using the State Highway Bid Price
residential unit, and Twenty-Two Thousand, Eight Index in accordance with the Agreement.
Hundred Thirty-Eight Dollars ($22,838.00) 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 Dollars paid) using the Consumer Price Index (CPI)
($2,233.00) per residential unit, and Seven in accordance with the Agreement. Fees
Thousand Seventy Dollars ($7,070.00) per gross must be paid prior to issuance of Zoning
acre of institutional land. Clearance for Building Permit. No Building
Permits 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)
Dollars ($8,240.00) for each residential dwelling in accordance with the Agreement. Fees
unit and Fifty Cents ($.50) per square foot of each must be paid prior to issuance of Zoning
building used for institutional purposes. Clearance for Building Permit. No Building
Permits have been issued.
8. Prior to Final Map recordation, confirmation from If determined necessary,. these
Ventura County Waterworks District No. 1 that improvements will be included in the Water
sufficient recycled water is available to serve Works District No. 1 improvement plan
public and community owned landscape areas. package and will be bonded for prior to
Design and construction of facilities required to recordation of the Final Map. At the present
deliver the reclaimed water to the project, and time, no connection points exist within the
payment of any connection/meter fees required by vicinity of the project.
the District.
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9. Provide nine (9) three (3) bedroom and two (2) Requirements to be included in Purchase
bath single family attached units with a minimum and Sale Agreement in accordance with
of 1,600 square feet to be sold to buyers who meet Attachment "C" of the Development
the criteria for low income (80 percent or less of Agreement.
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 Purchase and Sale Agreement to be in
this Project, execute a Purchase and Sale accordance with Attachment "C" of the
Agreement which further sets forth the Developer's Development Agreement. The Purchase
obligations of this subsection and City's obligations and Sale Agreement has not been
per Subsection 7.7 executed.
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 No deposit has been submitted to date.
with future HOA fees for each affected affordable
unit.
Comply with purchase price requirements per the
Agreement.
Pay closing costs not to exceed six-thousand To date the developer has complied.
dollars$6,000.
To date, no closing costs have been
collected.
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)
($1,636.00) 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.
11. Waiver of any density bonus rights that would Applicant has not requested density bonus
increase the number of dwelling units approved to units.
be constructed on the property.
12. Agreement to cast affirmative ballots for formation To date no assessment district has been
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.
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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
Contribution (AOC) Fee. Zoning Clearance for Building Permit. No
Building Permits have been issued.
15. Provide for a 50-year life, as determined by the To be part of the Street Improvement Plans
City Engineer, for all public street improvements. to be reviewed and approved by the City
En ineer.
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 annual To date, the applicant has complied with
review of the Agreement including evaluation of review requests and Mitigation Monitoring
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
after compliance with all legal requirements. date.
20. In the event referenced indices are discontinued or To date, referenced indices remain
revised, successor indices shall be used. effective.
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 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.
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NO. REQUIREMENT STATUS
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.
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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meaHomes
Caring ng since 1881
January 9, 2012
Mr. Joseph Fiss
Community Development
City of Moorpark
799 Moorpark Avenue, Moorpark, CA 93021
Subject: Annual Review of Tract 5425 Development Agreement
Dear Mr. Fiss,
As part of the annual review and per the requirements of the Development Agreement entered
into on May 23, 2005 between Shea Homes and the City of Moorpark, this letter serves as a
narrative summary on how Shea Homes complied with the agreement during the last year.
During the past year Shea Homes has submitted a mass grading plan for the site. This plan
has gone through the plan check process and we are awaiting the final approval by the City. In
addition Shea Homes and Delane Engineering have been working together to develop solutions
to the Improvement Plans that were initially submitted to the City of Moorpark in 2006 but placed
on hold following the FEMA Flood Insurance Study. This study has now been finalized by the
City of Moorpark and their consultants. In addition to this study Delane Engineering has
completed and submitted an Arroyo Simi drainage study. This study impacts the remaining
design work. This study was submitted to the City on October 27, 2011. To date we have not
received any review comments back from this submittal. This study along with the City of
Moorpark FEMA Flood Study dated July 2011, sets forth a number of design criteria including
but not limited to the final pad elevations and the size of the storm drain that carries offsite flows
through the site. We have not been given a date when this review will be-completed by the City
or their review consultants. If the Arroyo study is accepted, the Improvement Plans will need to
be revised. The Grading Plan has already been revised. To assist in reaching our new pad
elevation, we plan to continue to import dirt under a stockpile permit.
We are continuing to work on our final engineering. Shea Homes anticipates recording Final
Map 5425 later this year. Our plan, as of today, is to continue to process the Final Map and to
commence grading once the plans are approved. Any assistance that the City can provide in
timely plan check would be appreciated. If you have any questions, please do not hesitate to
contact me at (951) 549-7536.
Sincerely,
SHE 0
Jo Va der elde
ice President
Cc Scott Uhles
1250 Corona Pointe Court
Suite 600 Shea Homes Limited Partnership 6-
Corona,CA 5287.9 CC ATTACHMENT 3 Shea Homes Marketing Company
951.739.9700 T 1ndpmdmt member sfrhe Shut family vfromp4ma
951.738.1758 F
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