HomeMy WebLinkAboutAGENDA REPORT 2012 1219 CCSA REG ITEM 09D ITEM 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Direc �r
Prepared By: Joseph Vacca, Principal Plann
DATE: December 5, 2012 (CC Meeting of 12/19/2012)
SUBJECT: Consider Second One-Year Extension for Residential Planned
Development No. 1998-02 (Vistas at Moorpark Project — Formerly
SunCal), Located East of Walnut Canyon Road, and North of Wicks
Road, on the Application of Armed Forces Bank, N.A.
BACKGROUND
On October 23, 2012, Michael Van Epp, on behalf of Armed Forces Bank, N.A.,
requested a second one-year extension for Residential Planned Development Permit
No. 1998-02, which was to expire on December 17, 2012. Since staff has already been
analyzing this extension request, the expiration date is set in abeyance pending action
by the City Council.
DISCUSSION
On December 17, 2003, the City Council adopted Resolution No. 2003-2150, which
approved Vesting Tentative Tract Map (VTTM) No. 5130 and Residential Planned
Development (RPD) Permit No. 1998-02 for 110 homes on 72 acres east of Walnut
Canyon Road and north of Wicks Road for the Vistas at Moorpark project, formerly
SunCal.
Special Condition Number 20 for VTTM No. 5130 required that certain improvements to
Walnut Canyon Road be made prior to the issuance of a Certificate of Occupancy for
the first home. On March 29, 2006, Permit Adjustment No. 1 was approved on the
application of SunCal, and this amended the timing for the Walnut Canyon Road
improvements to be completed by the earlier of occupancy of the 50th home or
November 8, 2008, whichever came first. This Permit Adjustment expired after one
year.
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Honorable City Council
December 19, 2012
Page 2
On November 19, 2008, the City Council approved a request for this modification,
adopting Resolution No. 2008-2767 to this condition to allow for the improvements to be
completed by the earlier of occupancy of the 50th home or April 15, 2011. This
approval included an extension to the Residential Planned Development Permit, to
continue its validity from December 17, 2008 to December 17, 2011.
On April 6, 2011, City Council adopted Resolution No. 2011-3012 approving
Modification No. 2 to VTTM No. 5130. The second modification approval further
amended timing of Condition No. 20, to allow for the improvements to Walnut Canyon
Road and overlaying of the pavement on Wicks Road to be completed by the earlier of
occupancy of the first dwelling unit or April 11, 2013, whichever comes first. The timing
modification was requested because the applicant felt that economic conditions
remained poor for project construction. At this time, a permit to complete improvements
on Walnut Canyon Road has not been issued by CalTrans, and while the applicant is
not currently in breach of this condition, staff does not believe the applicant will meet
this deadline.
On December 8, 2011, a one year time extension of the Residential Planned
Development permit was granted by the Community Development Director, extending
the expiration of the permit to December 17, 2012.
The life of Tentative Tract Map No. 5130 is tied to Section 0.1. of the approved
Development Agreement which states that the term of the tentative map for the
Property, shall expire ten (10) years after its approval or conditional approval or upon
the expiration or earlier termination of the Development Agreement, whichever occurs
first; ten years from approval of the VTTM No. 5130 is December 17, 2013.
The Development Agreement, was approved by Ordinance No. 299 on January 21,
2004, took effect thirty days later on February 20, 2005. Section 5.4 of the
Development Agreement that addresses the term of subsequent approvals, such as
RPD approvals, is provided as follows:
"The term of any Subsequent Approval, except a tentative map or subdivision
improvement or other agreements relating to the Project, shall be one year;
provided that the term may be extended by the decision maker for two (2)
additional one (1) year periods upon application of the Developer holding the
Subsequent Approval filed with City's Department of Community Development
prior to the expiration of that Approval. Each such Subsequent Approval shall be
deemed inaugurated, and no extension shall be necessary, if a building permit
was issued and the foundation received final inspection by City's Building
Inspector prior to the expiration of that Approval."
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Honorable City Council
December 19, 2012
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CURRENT REQUEST
In the past year, the development was transferred back to the underlying bank
ownership and is currently owned by Armed Forces Bank, N.A., The current owner is
requesting approval of a second one-year time extension to the approvals of the RPD,
which would have expired on December 17, 2012 if the request was not submitted.
Armed Forces Bank, N.A. representative, Michael Van Epp, provided a letter
(Attachment 1), containing a list of activities that have been undertaken in the past year
in the effort to move forward with inauguration of the project.
While the activities outlined in the applicant's letter demonstrate continued efforts on the
implementation of the project entitlement to possibly warrant a one-year extension of
time on the Residential Planned Development Permit, it seems clear that completion of
the improvements to Walnut Canyon Road by April 11, 2013 will not occur. Therefore,
compliance with the amended condition number 20 as shown above will not be met, and
staff recommends that the request be denied.
STAFF RECOMMENDATION
Direct the Community Development Director to issue a letter denying a second one-year
extension of Residential Planned Development No. 1998-02 (Vistas at Moorpark
project).
ATTACHMENT:
1. Narrative by Michael Van Epp, on Behalf of Armed Forces Bank, N.A.
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. Armed Forces Bark
Tuesday,October 23,2012
VIA E-MAIL®ULAR MAIL
Joeseph Vacca,AICP
Principal Planner
Cite of Moorpark
Community Development Department
799 Moorpark Avenue
Moorpark,California 93021
Re: TTM 5130-Residential Planned Development Permit
Mr.Vacca:
This letter hereby requests the adminstrative staff approval of the 2"d of two(2)allowable one-year
extensions to RPD 1998-02 based on the}rear-toAate activities on the project and the good faith efforts made by
allparties to move forward with development of the project known as Vista Serrano(aka"Vistas at Moorpark")
in Moorpark,CA.
As way of background,Armed Forces Bank,N.A(as successor by Merger to Bank Midwest)became
owner by default of the above mentioned property at a foreclosure auction held in Ventura County on July 11,
20.12. The Bank is not in the business of land development. However,since taking ownership of the property,
the Bank,has expedititiously reviewed the property and moved towards finding a potential suitor for the
development. As of today,the Bank believes it has a.potential suitor under contract who will be in the position
to aptly continue with development of the project.
In review of the-project,there is an important entitlement expiring in December 2012. This entitlement
will affect the ability for anyone to continue to work with the City of Moorpark for the d ivelopnent of the
project. As the City is aware,Modification No. I to Tentative Tract Map 5130 and RPD 1998-02 was approved
on November 19,2008 by the City Council with adoption of RESOLUTION NO.2008 2767. This approval
changed Standard Condition No.3 for Residential Planned Development Permit No. 1998.02 which was
amended in its entirety to read as follows:
3. Unless the Residential Development Permit is inaugurated(first building foundation slab in
place and substantial work in progress)not later than December 17,2011,this permit will automatically
expire on that date. The Community Development Director may,at his/her discretion,.grant up to two
(2)one(l)year extensions for project inauguration if there have been no changes in the adjacent areas
and if Applicant can document that he/she has diligently worked towards inauguration of the project and
has concurrently requested a time extension to the tentative tract map(if necessary). The request for
extension of this entitlement must be made at least thirty(30.)days prior to the expiration date-ofthe
permit."
On December 8,2011,the Community Development Director granted a one-year time extension to the
Residential Development Permit(RPD). This letter requests the 2nd of two allowable extensions.
CC ATTACHMENT 1
1111 Main Street• Kansas City.Missouri 64105•(816)472-0081 •Member FDIC 153
To best of its knowledge,the Bank can report the following activities have been undertaken in the past
year in the effort to move forward with inaguration of the project:
• In April 2012,the Bank commissioned Fulcrum to complete a thorough due
diligence review of the project. This study was completed in June 2012 and
detailed unresolved/incomplete items to resolve prior to continuation with the
contemplated development.
• The Improvement Plans and Final Map have been completed and have incorporated
the latest plan check comments from the City. The Bank and/or its representatives
have followed up with the design consultant to obtain copies of the CAD files and
status of the development drawings.
• The Conceptual Landscape Plans for the west side of Walnut Canyon Road were
prepared and reviewed by the City. The Final Landscape Plans have been
completed and are ready for review. The Bank andlor its representatives have
followed up with the design consultant to obtain copies of the CAD files and the
status of the landscaping drawings.
• The California State Fish and Game Department issued an extension of the existing
Streambed Alteration Permit in December 2011.
• The slope at the end of Valley Road has been stabilized via hydroseed and
landscaping binder. The property continues to be reviewed and monitored for
adverse changes by the property owner.
• The property continues to be maintained for fire abatement. The site appears to still
be in conformance today with regard to vegetation and weed height.
• CalTrans has been contacted regarding the status of the Offsite Improvement Plan
approval. Through initial conversations, it appears the Walnut Canyon
Improvement Plans will be required to be submitted for full review again.
• The Bank and/or its representatives continue to speak with the City of Moorpark
Redevelopment Agency regarding the affordable housing conditions on the
property. To this point,there has not been significant headway with the Agency to
confirm the required amounts for fee in lieu of mitigation.
As stated above,the Bank is not in the business of land development. The Bank looks to continue to
work with a buyer for a speedy transfer of the asset and to continue to progress with the development of this
project. The granting of this 2"extension to the RPD Permit is an important step to continue this fruitful
progress.
In consideration of the above request, a check in the amount of$1300 accompanies this letter to satisfy
the City pf Moorpark review and application fee. We look forward to your approval of the above request.
Sincerely,
i
i -
Klicha�f Van Epp
Vice President
Attachment;
CC: David Bobardt, City of Moorpark Community Development
Doug Neeb, Armed Forces Bank,N.A.
David Frances, Armed Forces Bank,N.A.
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