HomeMy WebLinkAboutAGENDA REPORT 2011 1019 CC REG ITEM 10F ITEM 10.F.
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,ACTION: -- ----- ----
MOORPARK CITY COUNCIL - - -- -- - - -
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Directo
Prepared By: Joseph R. Vacca, Principal Planner
DATE: August 19, 2011 (CC Meeting of 10/19/2011)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Canyon Crest Ranch Partners-
Moorpark, LLC (Birdsall), Located on Approximately 42.4 Acres East of
Walnut Canyon Road at Championship Drive (Tentative Tract Map
5437), on the Application of Canyon Crest Ranch Partners-Moorpark,
LLC (Birdsall)
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 June 7, 2006, the Moorpark City Council adopted Ordinance No. 336 (effective July 8,
2006), approving a Development Agreement between the City of Moorpark and Canyon
Crest Ranch Partners-Moorpark, LLC (Birdsall). The agreement was approved in
connection with the Tract No. 5437/RPD 2004-05, to develop sixteen (16) homes, five (5)
custom home lots and one (1) open space lot on approximately 42.4 acres east of Walnut
Canyon Road at Championship Drive. The agreement remains in full force and effect for
twenty (20) years from the operative date of the agreement (until July 8, 2026), 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.
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Honorable City Council
October 19, 2011
Page 2
This is the fifth annual review of the Development Agreement with Canyon Crest Ranch
Partners-Moorpark, LLC. John Newton, on behalf of Canyon Crest Ranch Partners-
Moorpark, LLC, 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.
DISCUSSION
Current Project Status
• The developer has established the project's water service meter size with Water
Works District No. 1 for the purposes of obtaining the necessary District Release
letter from Water Works District No. 1 for approval of water and sanitation plans.
• 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.
• Efforts to obtain reciprocal drainage easements and right of entry permission and
shared Homeowner's Association pro-rata cost responsibilities began with
representatives of KB Home and are on-going with Toll Brothers, Inc., who are the
new owner's developing Planning Areas 8 and 9, of the northern portion of the
adjacent Moorpark Highlands development area.
• The developer has acquired vacant property on the north side of Charles Street for
the purposes of building two affordable housing units to satisfy the affordable
housing requirements of the project. A lot line adjustment was approved as part of
the land acquisition to add approximately 1,400 sq. ft. of land area to the project in
order to accommodate one additional market rate unit to be included in the
affordable housing project. This property may be for sale in the future, in which
case the developer would have to make other arrangements for affordable housing.
• 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.
• The Residential Planned Development Permit No. 2004-05, associated with the
overall project, has expired and the developer anticipates filing for a new Residential
Planned Development permit at some point in late fall 2011 or early Spring 2012.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development Agreement
and include twenty-one (21) 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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October 19, 2011
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 To be granted at Final Map approval.
free and clear of liens and encumbrances.
3. Payment of "Development Fees" of nine- Beginning February 1,2007,these fees will be
thousand-two-hundred-ninety-one dollars adjusted annually (until paid) using the
($9,291.00) per residential unit and forty-one Consumer Price Index (CPI) in accordance
thousand-eight-hundred-twelve dollars with the agreement. Fees must be paid prior
($41,812.00) per gross acre of institutional land. to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
4. Payment of "Citywide Traffic Fees" of six- Beginning January 1, 2008, these fees will be
thousand-five-hundred-thirty one dollars adjusted annually (until paid) using the State
($6,531.00) per residential unit and twenty-nine- Highway Bid Price Index in accordance with
thousand-three-hundred-ninety-one dollars the agreement. Fees must be paid prior to
($29,391.00) per acre of institutional land. issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
5. Payment of "Community Service Fees" of two- Beginning January 1, 2008, these fees will be
thousand-three-hundred-forty-nine adjusted annually (until paid) using the
dollars($2,349.00)per residential unit and seven- Consumer Price Index (CPI) in accordance
thousand-four-hundred-thirty-six dollars($7,436) with the agreement. Fees must be paid prior
per gross acre of institutional land. to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
6. Payment of"Public Facilities"fee of ten-thousand Beginning July 8, 2007, and annually
dollars ($10,000) per residential unit. thereafter, this fee will be adjusted, (until paid)
using the Consumer Price Index (CPI) 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. Payment of a fee in lieu of park dedication "Park Beginning July 8, 2007, and annually
Fee" of fifteen-thousand-three-hundred-forty- thereafter,this fee will be adjusted, (until paid)
eight-thousand dollars ($15,348.00) per using the Consumer Price Index (CPI) in
residential unit and fifty cents($0.50) per square accordance with the agreement. Fees must
foot of each building used for institutional be paid prior to issuance of Zoning Clearance
purposes. for Building Permit. No Building Permits have
been issued.
8. Provided that prior to Final Map recordation, or If determined necessary,these improvements
March 31, 2008, confirmation from Ventura will be included in the Water Works District
County Waterworks District No. 1 that sufficient No. 1 improvement plan package and will be
recycled water is available to serve public and bonded for prior to recordation of the Final
community owned landscape areas. Developer Map.
shall design and construct facilities required to
deliver the reclaimed water to the project, and
provide payment of any connection/meter fees
required by the District.
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Page 4
NO. REQUIREMENT STATUS
9. To fulfill a portion of the Affordable Housing The Affordable Housing Fee shall be paid
requirement the developer shall pay a Thirty- prior to occupancy of the 15"' residential unit
Thousand Dollar($30,000.00)Affordable Housing in Tract 5437.
Fee, which shall be indexed annually using the
Housing Index. Payment shall be completed prior No fees have been collected to date for
to the occupancy of the 15'h residential unit in affordable housing activities.
Tract 5437.
Developer shall also provide one (1) four (4)
bedroom and two bath single family detached unit
with a minimum of 1,200 sq.ft. for low income(80
percent or less of median income); and one (1)
four (4) bedroom and two (2) bath single family
detached unit with a minimum of 1,200 sq. ft. to
be sold to a buyer who meets the criteria for very
low income (50 percent or less of median
income). The units shall include amenities as
specified in the agreement.
Prior to recordation of the final map the City
Council shall approve an Affordable Housing
Implementation and Resale Restriction Plan and
prior to the occupancy of the first residential unit
of the project the developer shall 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.
One (1) low income unit and one (1) very low
income unit shall be provided by the Developer
and occupied by Talified buyers prior to
occupancy of the 15 residential unit in Tract
5437.
Compliance with requirements for home
inspection and completion of necessary repairs,
including purchase of standard home warranty
policy for a three year period is required. No
shake or wood shingle roofs shall be approved.
Developer shall provide an HOA trust for HOA
fees in excess of$100.00.
Compliance with purchase price requirements of
the agreement is required.
Developer shall pay closing costs not to exceed
six-thousand-three hundred dollars $6,300.00,
which shall be increased by any increase in CPI
after March 1, 2008.
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Honorable City Council
October 19, 2011
Page 5
NO REQUIREMENT STATUS
10. Pay Air Quality Fee in the amount of one- Beginning January 1, 2007, and annually
thousand-seven-hundred-nine dollars($1,709.00) thereafter,this fee will be adjusted, (until paid)
per residential unit, and for institutional uses at a using the Consumer Price Index (CPI) in
rate calculated by the Community Development accordance with the agreement. Fees must
Director. be paid prior to issuance of Zoning Clearance
for Building Permit. No Building Permits have
been issued.
11. Waiver of any density bonus rights that would The applicant has not requested density
increase the number of dwelling units approved to bonus units.
be constructed on the property.
12. Agreement to cast affirmative ballots for Formation of a Landscape Maintenance
formation of one or more assessment districts for District is in process.
maintenance of 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.
13. Payment of all City capital improvement and No fees have been collected to date, fund
processing fees. 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. No Building
Permits have been issued.
15. Street improvements designed and constructed To be included with project improvement
for a 50-year life. plans.
16. Agreement to pay any fees and payments Fees must be paid prior to issuance of Zoning
pursuant to this Agreement without reservation. Clearance for Building Permit. No Building
Permits have been issued.
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 cash deposit for costs related to No fees have been collected to date, fund
formation of Community Facilities District. review ongoing.
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. Payment of all outstanding fees related to Developer is in compliance with all
preparation of this agreement, project approval requirements at this time.
and MND.
21. In the event any of the"referenced Index"or"CPI" To date, the "referenced Index" or "CPI"
are discontinued or revised, such successor remain in place for appropriate indexing as
index with which the "CPI" or"referenced Index" required.
are replaced shall be used in order to obtain the
same result as would otherwise have been
obtained
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Honorable City Council
October 19, 2011
Page 6
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 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 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
roe 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 Community To date, City has complied.
Facilities District formation and incur bonded
indebtedness.
7. Agreement to appoint affordable housing staff person The Redevelopment Manager oversees
to oversee the implementation of affordable housing affordable housing requirements.
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 6.9.
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.
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 Canyon Crest Ranch Partners-Moorpark, LLC (Birdsall) has, to
date, complied in good faith with the terms and conditions of the agreement.
FISCAL IMPACT
None.
\\mor_pri_sery\Department Share\Community DevelopmentWDMINWGMTS\D A\2006-01 Canyon Crest Ranch Partners-Moorpark,LLC(B rdsall)\Agenda
Reports\111019 Fifth annual review doc 214
Honorable City Council
October 19, 2011
Page 7
STAFF RECOMMENDATION
1. Accept the Community Development Director's report and recommendation, on the
basis of substantial evidence, that Canyon Crest Ranch Partners-Moorpark, LLC
(Birdsall), has complied in good faith with the terms and conditions of the
agreement.
2. Deem the 2011 annual review process complete.
ATTACHMENTS:
1. Location Map
2. Site Map
3. Narrative by John Newton, on Behalf of Canyon Crest Ranch Partners-Moorpark,
LLC (Birdsall)
11mor_pn_serv\Department Share\Community DevelopmenRADMIWAGMTS0 A12006-01 Canyon Crest Ranch Partners-Moorpark.LLC(Birdsall)Wgenda
Reports\111019 Fifth annual review doc 215
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The Birdsall Group, LLC
Development Agreement
Annual Review 2011
Page 2
NARRATIVE
Since approval of Development Agreement No. 2006-01, Ordinance No. 336, The
Birdsall Group, LLC has diligently pursued recordation of the Final Map in consultation with
the City Engineer's staff. Final approval is pending economic upturn in the housing market.
Grading& Drainage, Water& Sewer, and Street& Utility Plans are in the final stages of
plan check completion (copies attached). The developer has also engaged Pardee, K & B
representatives and now Toll Brothers, in terms of reciprocal easements for off-site drainage
facilities. Community Development staff have been helpful in encouraging developer
cooperation in this regard.
In addition, the developer acquired property N/Charles Street for purposes of building
two affordable housing units to meet the AH requirements imposed upon the project. A Lot
Line Adjustment has been processed and approved to add approximately 1,400 S.F. of land area
to the Charles Street project, whereby one additional market rate unit can be included in that
project.
The Birdsall Group intends to initiate grading and begin site improvements on TR5437 as
soon as the improvement plans are finally approved (90% complete),and construction financing
is in place, estimated to be late Fall 2011, or early Spring 2012. The current state of the
economy, its actual recovery, and availability of construction financing will dictate
development start up for this project, however.
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CC ATTACHMENT 3