HomeMy WebLinkAboutAGENDA REPORT 2012 0919 CC REG ITEM 10H ITEM 10.H.
it;a Council iieeting
C V 0N:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director \
Prepared By: Joseph R. Vacca, Principal Planne ,
DATE: July 30, 2012 (CC Meeting of 9/19/2012)
SUBJECT: Consider Report of 2012 Annual Development Agreement Review,
Established in Connection with Planning Area No. 7 of the Moorpark
Highlands Specific Plan No. 2, Tract No. 5860, Located atthe Southeast
Corner of Elk Run Loop and Ridgecrest Drive, on the Application of
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 July 21, 2010, the Moorpark City Council adopted Ordinance No. 391 (effective August
20, 2010), approving a Development Agreement between the City of Moorpark and Pardee
Homes. The agreement was approved in connection with Tract No. 5860/RPD 2009-02,to
subdivide the 21.8 acre property into 133 residential lots with private streets, located at the
southeast corner of Elk Run Loop and Ridgecrest Drive and a private recreational facility.
The agreement remains in full force and effect for ten (10) years from the operative date of
the agreement (until August 20, 2020), 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.
291
Honorable City Council
September 19, 2012
Page 2
This is the second annual review of the Development Agreement with Pardee Homes.
Tom Mitchell, on behalf of Pardee Homes, has submitted the necessary application form,
related materials, and fee/deposit for the 2012 annual review. The Community
Development Director has reviewed the submitted information and the project status and
provides the following report.
DISCUSSION
Current Project 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.
• The developer obtained approval of an early grading agreement and was permitted
to proceed with the rough grading of the site, which has been completed.
• Street improvement plans have been plan checked and approved.
• The developer provided 3 affordable units within the Waverly Place neighborhood
(Planning Area No. 5) which were occupied by first home buyers in September
2010.
• The developer submitted a $10,000 dollar deposit on April 15, 2011 to cover staff
preparation of an Affordable Housing Agreement, and has been working on a draft
agreement.
• Necessary weed abatement and erosion control efforts have been maintained on
site.
• Processing of a Landscape Maintenance District will be required as part of the final
map review and approval process.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development Agreement
and include twenty-six(26) 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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September 19, 2012
Page 3
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 free To be granted at Final Map approval.
and clear of liens and encumbrances.
3. Payment of"Development Fees" of eight-thousand- Beginning July 1, 2011, these fees will be
one-hundred-fifty-three dollars ($8,153.00) per adjusted annually (until paid) using the
residential unit and thirty-six-thousand-six-hundred- Consumer Price Index (CPI) or Caltrans
eighty-nine dollars ($36,689.00) per gross acre of Highway Bid Price Index,whichever is larger,
institutional land. in accordance with the agreement. Fees
must be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
4. Payment of"Citywide Traffic Fees"of nine-thousand- Beginning July 1, 2011, these fees will be
five-hundred-forty-one-dollars ($9,541.00) per adjusted annually (until paid) using the
residential unit,and forty-two-thousand-nine-hundred- Caltrans Highway Bid Price Index in
thirty-five dollars($42,935.00)per acre of institutional accordance with the agreement. Fees must
land. be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
5. Payment of "Community Service Fees" of six- Beginning July 1, 2011, these fees will be
hundred-forty dollars ($640.00) per residential unit adjusted annually (until paid) using the
and two-thousand-eight-hundred-eight-dollars Consumer Price Index (CPI) or Caltrans
($2,880.00) per gross acre of institutional land. Highway Bid Price Index,whichever is larger,
in accordance with the agreement. Fees
must be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
6. Payment of a fee in lieu of park dedication"Park Fee" Beginning July 1, 2011, this fee will be
of seven-thousand-five-hundred dollars ($7,500.00) adjusted annually, (until paid) using the
per residential unit. Consumer Price Index (CPI) or Caltrans
Highway Bid Price Index,whichever is larger,
in accordance with the agreement. Fees
must be paid prior to issuance of Zoning
Clearance for Building Permit. No Building
Permits have been issued.
7. Prior to the issuance of the building permit for the The multipurpose trail easement has been
100th house, Developer shall improve and dedicate a shown on the draft final map for dedication
twelve (12) foot wide multipurpose trail within a to the City. The draft final map has not yet
minimum twenty-five foot wide easement from been completed or presented for final
Ridgecrest Drive to the Mammoth Highlands Park. approval of recordation.
The trail improvements shall consist of trail fencing,
decomposed granite trail surface,and landscaping on
both the east and west sides of the trail consisting of
24-inch box trees and 5-gallon shrubs, along with
trees screening the easterly fence of Moorpark
Highlands Park. Design of the trail shall be to the
satisfaction of the Public Works Director/City
Engineer, Parks and Recreation Director, and
Community Development Director.
8. This section is intentionally left blank in the adopted N/A
Development Agreement
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NO. REQUIREMENT STATUS
9. Developer shall provide ten (10) housing units The Developer has already paid the
affordable to low income households as shown in the applicable processing and development fees
table below. for the three(3) low income units in Waverly
Place. These 3 Waverly Place units were
occupied by first time home buyers
3 Bedroom 2 4 Bedroom 2 September 2010.
Location of Bath (1,100 Bath (1,400
Unit Sq. Ft. Sq. Ft.
Minimum) Minimum)
Waverly
Place 3 0
"Carriage
Unit"
Tract 5860 2 5
TOTAL 5 5
Developer further agrees that it shall pay the same
processing and development fees in the same
amounts for the seven low income units as it is
required to pay for the market rate units in Tract
5860.
Developer agrees that three (3) affordable units will
be provided within Waverly Place neighborhood prior
to the issuance of the first residential building permit
within Tract 5860,with seven affordable housing units
to be provided within Tract 5860 in accordance with
the following schedule:
• Prior to the 31st occupancy in Tract 5860, 2
affordable units in Tract 5860 shall be provided;
• Prior to the 49th occupancy in Tract 5860, 1
additional affordable unit in Tract 5860 shall be
provided;
• Prior to the 68th occupancy in Tract 5860, 1
additional affordable unit in Tract 5860 shall be
provided;
• Prior to the 85th occupancy in Tract 5860, 1
additional affordable unit in Tract 5860 shall be
provided;
• Prior to the 106th occupancy in Tract 5860,1
additional affordable unit in Tract 5860 shall be
provided;
• Prior to the 133rd occupancy in Tract 5860, 1
additional affordable unit in Tract 5860 shall be
provided.
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Honorable City Council
September 19, 2012
Page 5
NO. REQUIREMENT STATUS
9 - Prior to recordation of the final map the City Council The Developer deposited $10,000 on April
Cntd shall approve an Affordable Housing Purchase and 15, 2011 and staff has prepared a draft
Sale Agreement and prior to the occupancy of the first Affordable Housing Agreement and
residential unit of the project the developer shall completion is underway.
execute an Affordable Housing Agreement with the
City Council. The developer shall pay up to a
maximum of ten-thousand dollars($10,000)for City's
direct costs for preparation of the Plan and
Agreement.
Compliance with requirements for home inspection
and completion of necessary repairs, including
purchase of standard home warranty policy for a
minimum ten year period is required.
Developer shall provide an HOA trust for HOA fees in
excess of one-hundred-dollars ($100.00).
Developer shall pay closing costs not to exceed six-
thousand-five-hundred-eighty-four-dollars
($6,584.00),which shall be increased annually by any
increase in CPI after July 1, 2011.
To fulfill a portion of the Affordable Housing
requirement the developer shall pay an "Affordable
Housing Fee" of four-thousand-five-hundred-eight-
dollars ($4,508.00) shall be paid prior to issuance of
the building permit for each dwelling unit in the
Project, in lieu of constructing any Very Low Income
Affordable Housing Units on site, which shall be
increased annually by any increase in CPI after July
1, 2011.
10. Developer agrees to (i) limit its total reimbursement Developer has complied with this
from the proceeds of Bonds of CFD 2004-01 to requirement.
twenty-seven-million-dollars ($27,000,000.00).
Developer agrees that no additional public
improvements shall be eligible for reimbursement
from CFD 2004-01 resulting from development of this
property.
Developer agrees to include the Property in CFD
2004-01 for purposes of levying the Special Tax for
Facilities and Services.
11. Payment of the"Transportation System Management Beginning July 1, 2011, these fees will be
Fee" of one-thousand-seven-hundred-nine dollars adjusted annually (until paid) using the
($1,709.00)for each residential unit and twenty-eight Consumer Price Index(CPI). Fees must be
cents ($0.28) per gross square foot of institutional paid prior to issuance of Zoning Clearance
building space. for Building Permit. No Building Permits
have been issued.
12. Waiver of any density bonus rights that would The applicant has not requested density
increase the number of dwelling units approved to be bonus units.
constructed on the property.
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NO. REQUIREMENT STATUS
13. Agreement to cast affirmative ballots for formation of Formation of a Landscape Maintenance
one or more assessment districts for maintenance of District is in process.
parkway and median landscaping and street lighting,
including but not limited to all water and electricity
costs. Agreement to form property owners
association(s) to provide landscape, street lighting
and park (if necessary) open space land, trails
drainage facilities maintenance and compliance with
NPDES requirements.
14. Payment of all City capital improvement,development No fees have been collected to date, fund
and processing fees, including but not limited to, review ongoing.
Library, Police and Fire facilities fees, Art in Public
Places fees, drainage, entitlement processing fees,
and plan check and permit fees for buildings and
public improvements.
15. Payment of Los Angeles Avenue Area of Contribution Fees must be paid prior to issuance of
(AOC) Fee Zoning Clearance for Building Permit. No
Building Permits have been issued.
16. Agreement to pay any fees and payments pursuant to Fees must be paid prior to issuance of
this Agreement without reservation. Zoning Clearance for Building Permit. No
Building Permits have been issued.
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 re uirements.
18. 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 after eminent domain has been submitted to date.
compliance with all legal requirements.
19. Payment of all outstanding fees related to preparation Developer is in compliance with all
of this agreement, project approval and MND. requirements at this time
20. In the event any of the"referenced Index"or"CPI"are To date, the "referenced Index" or "CPI"
discontinued or revised, such successor index with remain in place for appropriate indexing as
which the "CPI" and or "referenced Index" are required.
replaced shall be used in order to obtain the same
result as would otherwise have been obtained.
21. Prior to building the 100 house, Developer shall No Building Permits have been issued.
either extend and pave Ridgecrest Drive to Alternate
SR-23 or pay the City for the cost of the
improvements at the sole discretion of the City. The
improvements shall be to the satisfaction of the Public
Works Director/City Engineer and Community
Development Director and shall consist of concrete
curb and gutter, full pavement, concrete sidewalk on
the south side of Ridgecrest Drive consistent with the
existing improvements on the south side of
Ridgecrest Drive.
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September 19, 2012
Page 7
NO. REQUIREMENT STATUS
22. Developer agrees, effective July 1, 2011, the one- The fees have yet not been paid by the
hundred-fifty-thousand dollar($150,000.00)payment Developer.
contained in Section 6.30 of the Development
Agreement of Ordinance No. 263 to fund the
maintenance of the trail system and the three-
hundred-fifty-thousand dollar($350,000.00)payment
contained in Section 6.9 of the Development
Agreement of Ordinance No. 263 to fund the
replacement of park amenities shall be increased in
the same manner as the CPI increase provided for in
Section 6.6 of the Development Agreement of
Ordinance No. 263; and fees to be paid once to meet
requirements of both the Development Agreements.
23. Developer agrees to provide additional improvements Developer has incorporated these
to the Elk Run Loop public right-of-way between improvements in the proposed design of the
Ridgecrest Drive and Grottoes Way in the form of a street improvement plans which were
raised landscaped median street section to the reviewed and approved by the Public Works
satisfaction of the Public Works Director/City Director/City Engineer and Community
Engineer and Community Development Director. Development Director.
24. Prior to the first building permit, Developer agrees to The Developer has not yet prepared the plan
provide a plan for City review and approval, for for City review, nor has a sufficient surety
improvements that would be completed immediately, amount been determined or collected.
should ongoing construction of residential units be
suspended at any time and for any reason after the
first residential unit is occupied.
25. Developer agrees to withdraw any legal action against No legal actions were filed.
City pertaining to the School Site and CFD 2004 01
within one hundred twenty (120) calendar days
following the later of (i) the effective date of this
Agreement, or (ii) the effective date of all of the
project approvals if no legal action or referendum
petition has been filed regarding the approval of this
Agreement.
26. Developer assumes all risk, liabilities and costs Developer is in compliance with all
including submission of revised plans, or removal, or requirements at this time
repair or reconstruction of any improvement, for any
model homes, or grading, or other improvements
prior to City Council approval of a final map for Tract
5860.
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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September 19, 2012
Page 8
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.
NO. REQUIREMENT STATUS
1. Agreement to commit reasonable time and resources To date, City has complied with any such
on expedited and parallel processing of application for requests.
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 allow received.
construction of required public improvements.
3. Authorization for the City Manager to sign an early Early grading permit has been issued.
grading permit.
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. City agrees to issue building permits for model homes To date, City has complied.
for which an Administrative Permit has been approved
and that meet all applicable Building Code
requirements prior to the recordation of a Final Map,
so long as Developer has executed an agreement in a
form approved by the City Attorney and City Manager
absolving City of any responsibilities, liabilities and
costs for construction of the model homes. No final
building permits will be issued by the City to allow for
residential occupancy of the model homes unless all
applicable conditions for residential occupancy are
met.
6. City agrees that the Park Fee required under To date, City has complied.
subsection 6.6 of this Agreement combined with the
trail improvements and dedication required under
Subsection 6.7 of this Agreement meet Developer's
obligation for park land dedication provisions of state
law and City codes.
7. The City agrees to appoint an affordable housing staff The Redevelopment Manager in the
person to oversee the implementation of the Community Development Department
affordable housing requirements for the Property oversees affordable housing requirements.
required herein for the duration such units are
required to be maintained as affordable consistent
with the provisions of Subsection 6.9 of this
Agreement and the Purchase and Sale Agreement.
8. Agreement to facilitate reimbursement to developer of To date, no such request has been
any costs incurred that may be subject to partial received.
reimbursement from other developers.
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Honorable City Council
September 19, 2012
Page 9
NO. REQUIREMENT STATUS
9. Upon Completion of annexation of the Property into To date, City has complied.
CFD 2004-01, City agrees that funds in the Project
Improvement Fund may be disbursed to fund City
Fees applicable to such residential units in
accordance with the Funding Agreement, upon
Developer's submittal of one or more Payment
Requests, and Developer may receive a total
reimbursement from the Project Improvement Fund in
an amount of twenty-seven-million-dollars
($27,000,000.00), inclusive of any disbursements for
such City fees, consistent with subsection 6.10.A.
Evaluation of Good Faith Compliance
Based on a review of the 2012 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.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Accept the Community Development Director's report and recommendation, on the
basis of substantial evidence, that 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 Map
3. Narrative by Tom Mitchell, on Behalf of Pardee Homes
\\DC1\Department Share\Community Development\ADMINWGMTS\D A\2009-02 Pardee Planning Area 7 TR5860\Staff Reports DAAR PA No 7\120919 Second DAAR PA 7.doc 299
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P,08PardeeHomes
80 Wilshire Blvd,Suite 1900 THOMAS W. MITCHELL
Los Angeles,California 90024
Phone(310}475-3525 Director of Land Development
Fax
Phone(31 )475-3 Phone(310)4753525 ext 221
Fax(310)446-1293
July 2, 2012
DECEIVED
Mr. Dave Bobardt
Community Development Director JUI 0 6 2(119
City of Moorpark
799 Moorpark Avenue CITY OF MOORPARt
Moorpark, CA 93012
RE: Moorpark Highlands Tract 5860 Annual Development Agreement Review
Dear Dave:
It has come to our attention that the annual review of the Development Agreement for Tentative
Tract Map 5860 is due during the month of July. Since the Development agreement was
approved in August of 2010, a Development Agreement Extension is not required at this time.
Section 19 on page 27 of the agreement states that the agreement "shall remain in full force for a
term of ten (10) years commencing on its operative date or until the close of escrow on the initial
sale of the last Affordable Housing required by Subsection 6.9, whichever occurs last, unless said
term is amended or the Agreement is sooner terminated as otherwise provided herein."
Section 9 on page 23 of the Development Agreement states that"In order to ascertain compliance
by developer with the provisions of the Agreement, the Agreement shall be reviewed annually in
accordance with Moorpark Municipal Code Chapter 15.40 of City or any successor thereof then in
effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a
breach of the agreement by the City, diminish, impeded, or abrogate the obligations of Developer
or render the agreement invalid or void."
Pardee homes has been working with RBF to construct the project also known as Tract 5860. At
this time, RBF Consulting has prepared and obtained approval for grading and improvement
plans, the site has been rough-graded, and erosion control has been established. This
demonstrates our diligent work efforts towards the inauguration of the permit within the first year of
its approval. At this time, we respectfully request to complete the necessary Development
Agreement review. Based on the most recent fee schedule approved via Resolution No. 2010-
2896, 1 have enclosed a fee of$2600, in a check made payable to the City of Moorpark.
Please contact me with questions, and thank you in advance for assisting us through this process.
Sincerely,
Tom Mitchell
Director of Land Development
CC ATTACHMENT 3 302