HomeMy WebLinkAboutAGENDA REPORT 2010 0421 CC REG ITEM 10M ITEM 10.M.
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MOORPARK CITY COUNCIt
AGENDA REPORT -- --
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared By: Joseph R. Vacca, Principal Planne
DATE: March 30, 2010 (CC Meeting of 4/21/2010)
SUBJECT: Consider Report of Annual Development Agreement Review,
Established in Connection with Vistas at Moorpark, Tract 5130,
Located on the East Side of Walnut Canyon Road, Approximately
3,500 Feet North of Casey Road, on the Application of Moorpark 150,
LLC
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 January 21, 2004, the Moorpark City Council adopted Ordinance No. 299 (effective
February 20, 2004), approving a Development Agreement between the City of Moorpark
and Moorpark 150, LLC, (formerly managed by SunCal Companies). The agreement
was approved in connection with the Tract No. 5130/RPD 1998-02, a 110 unit single-
family residential development located east of Walnut Canyon Road north of Wicks
Road. The agreement remains in full force and effect for twenty (20) years from the
operative date of the agreement (until February 20, 2024), or until the close of escrow
on the initial sale of the last Affordable Housing Unit, whichever occurs last. While the
entity which owns the subject property and which is a party to the Development
Agreement has not changed, there has been a change in the management of that
entity. Prior to December, 2006, LSOF Moorpark Land, L.P. ("LSOF") owned 95% of
the member interests in Moorpark 150, LLC. In December 2006, LSOF acquired the
5% interest previously held by Moorpark Equity Partners, Ltd., an affiliate of the SunCal
Companies.
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April 21, 2010
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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 sixth annual review
of the Development Agreement with Moorpark 150, LLC. Dale Meredith, of Sage
Community Group, on behalf of Moorpark 150 LLC, has submitted the necessary
application form, related materials, and fee/deposit for the 2010 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 plans and maps should be reaching a final review
state.
• Efforts to obtain right of entry permission for work on Walnut Canyon Road are
complete.
• All of the twenty (20) required temporary construction easements have
been obtained;
• All of the thirteen (13) necessary sidewalk easements have been obtained
and;
• All of the six (6) required storm drain easements have been obtained from
homeowners along that street.
• Caltrans plans for work in the state right-of-way along State Route 23, have been
approved and an encroachment permit for the required work has been issued
and all necessary permits for construction were in place. However, the permit
has expired and the developer will have to reapply for a new permit.
• Communications with city staff on affordable housing options continue.
• Necessary weed abatement and erosion control efforts have been maintained on
site.
• Processing of the Landscape Maintenance District is nearly complete.
• A Community Facilities District for the project has been approved by the City
Council but has not yet been formed.
• On November 19, 2008, the City Council approved Modification No. 1 to
Residential Planned Development No. 1998-02 and Tentative Tract Map No.
5130, primarily to change the timing language on the construction of Walnut
Canyon Road. The condition now states that prior to issuance of a Certificate of
Occupancy for the 50th dwelling unit or April 15, 2011, whichever comes first,
construction of roadway improvements to Walnut Canyon Road and overlaying of
the pavement on Wicks Road consistent with City standards, must be completed
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to the satisfaction of the City Engineer and Public Works Director. To date, the
developer has not provided a timeframe for completion of these requirements.
• A slope failure occurred on vacant land within Tract 5130 property, (just off Valley
Road), and the developer has indicated that they intend to remediate the slope
failure in July 2010, to the satisfaction of the City.
Developer Compliance with Terms of Agreement
The developer's responsibilities are included in Section 6 of the Development
Agreement and include twenty-four (24) 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 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 eight These fees will be adjusted annually (until
thousand six hundred thirty-five dollars paid) using the Consumer Price Index (CPI)
($8,635.00) per residential unit and thirty-eight in accordance with the agreement. Fees
thousand eight hundred fifty-eight dollars must be paid prior to issuance of Zoning
($38,858) per gross acre of institutional land. Clearance for Building Permit. No Building
Permits have been issued.
4. Payment of "Citywide Traffic Fees" of four Beginning January 1, 2005, these fees will
thousand six hundred sixty-four dollars be adjusted annually (until paid) using the
($4,664.00) per residential unit and twenty State Highway Bid Price Index in
thousand nine hundred ninety-eight dollars accordance with the agreement. Fees must
($20,998) per acre of institutional 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 two Beginning January 1, 2007, these fees will
thousand two hundred thirty-three dollars be adjusted annually (until paid) using the
($2,233.00) per residential unit and seven Consumer Price Index (CPI) in accordance
thousand seventy dollars ($7,070) per gross acre with the agreement. Fees must be paid prior
of institutional land. to issuance of Zoning 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 ten thousand eighty dollars ($10,080.00) paid) using the Consumer Price Index (CPI)
per residential unit and fifty cents ($0.50) per in accordance with the agreement. Fees
square foot of each building used for institutional must be paid prior to issuance of Zoning
purposes. Clearance for Building Permit. No Building
Permits have been issued.
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NO. REQUIREMENT STATUS
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 vicinity of the project. Moorpark 150, LLC
by the District. has indicated that they are preparing to hire
a consultant to precisely locate the Ventura
Waterworks District No. 1 water line within
the right-of-way.
9. Grant a conservation easement to the City for To be recorded with the Final Map for each
lots A, B, C, O and P. Lots A, B and P may phase.
include wetlands, storm water detention and
debris basins and related service roads,
landscaping and decorative planting areas,
sidewalks and trails that do not interfere with the
open s ace uses.
10. Payment of one hundred forty thousand dollars Beginning January 1, 2005, this fee
$140,000.00 to satisfy obligation for upgrading increases by one-half percent (0.05%) each
the intersections of Moorpark Avenue (SR 23) at month until paid. The fee must be paid prior
Charles Street and at High Street. to recordation of the first Final Map. No
Final Maps have been recorded to date.
11. Provide five (5) four (4) bedroom and two bath This obligation may be met by a ratio of one
and two (2) three (3) bedroom and two (2) bath and one-half (1-1/2) attached for sale units
single-family detached units with a minimum of for each required detached single-family
1,200 sq. ft. for low income (80 percent of or less unit.
of medium income)
Provide four (4) four (4) bedroom and two bath No fees have been collected to date for
and one (1) three (3) bedroom and two (2) bath affordable housing activities.
single-family detached units with a minimum of
1,200 sq. ft. for very low income (50 percent of or
less of medium income)
The units shall include amenities as specified in
the agreement.
City Council approval and execution of an
Affordable Housing Implementation and Resale
Restriction Plan and an Affordable Housing
Agreement, and payment of up to a maximum of
nine thousand dollars ($9,000) for City's direct
costs for preparation of the Plan and Agreement.
Three of the low and three of the very low units
to be occupied by qualified buyers prior to
occupancy of the 50th residential unit in Tract
5130.
The remaining low and very low income units
shall be occupied by qualified buyers prior to
occupancy of the 901h residential unit in Tract
5130.
No less than six (6) of the substituted for sale
units shall be located within the boundaries of the
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NO. REQUIREMENT STATUS
Moorpark Redevelopment Area.
Comply with requirements for home inspection
and completion of necessary repairs, including
purchase of standard home warranty policy for a
three year period. No shake or wood shingle
roofs shall be approved.
Provide an FICA trust for HOA fees in excess of
$100.00.
Comply with purchase price requirements per the
agreement.
Pay closing costs not to exceed six thousand
dollars $6,000.00
12. Pay Air Quality Fee in the amount of one Beginning March 1, 2007, these fees will be
thousand five hundred eighty-eight dollars adjusted annually (until paid) using the
($1,588.00) per residential unit, and for Consumer Price Index (CPI) in accordance
institutional uses at a rate calculated by the with the agreement. Fees must be paid prior
Community Development Department. to issuance of Zoning Clearance for Building
Permit. No Building Permits have been
issued.
13. 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.
14. 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.
15. Payment of all City capital improvement and Developer is in compliance with all
processing fees. requirements at this time. Fund review
ongoing.
16. 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.
17. Payment of seventy thousand dollars Must be paid prior to approval of first Final
($70,000.00) to satisfy Mitigation Measures 2, 5, Map. The fee has not yet been paid.
and 11 for open space acquisition and
maintenance, and habitat restoration and
reservation.
18. Street improvements for North Hills Parkway To be included with project improvement
designed and constructed for a 50-year life. plans.
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NO. REQUIREMENT STATUS
19. Acquire property needed to improve and make The timing of the improvements was
improvements to Walnut Canyon Road adjusted by the City Council on November
consistent with Conditions of Approval for 19, 2008, so that the improvements must
Tentative Tract 5130. occur prior to issuance of a Certificate of
Occupancy for the 50th dwelling unit or April
15, 2011, whichever comes first. These
conditions have not yet been satisfied.
20. Agreement to pay any fees and payments Developer is in compliance with all
pursuant to this Agreement without reservation. requirements at this time.
21. 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. _
22. Install six-foot (6') to eight-foot (8') high To be installed prior to the first residential
decorative masonry wall and landscaping north occupancy.
of the right-of-way of proposed North Hills
Parkway, subject to approval of Ventura County
Waterworks District No. 1, Community
Development Director and City Engineer.
23. Provide cash deposit for costs related to On September 15, 2004, Moorpark 150
formation of Community Facilities District. LLC., submitted a $100,000.00 cash deposit
to cover the costs for the creation of the
Community Facilities District.
24. 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.
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 nine
(9) 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.
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NO. REQUIREMENT STATUS
6. Agreement to commence proceedings for On September 21, 2005, the Honorable
Community Facilities District formation and incur City Council approved the formation of a
bonded indebtedness. Community Facilities District for this
project however, bonds have not been
issued nor have taxes been levied in
association with this district.
7. Agreement to appoint affordable housing staff The Redevelopment Manager in the
person to oversee the implementation of affordable Assistant City Manager's Office oversees
housing requirements. affordable housing 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 6.11.
8. Agreement to allow for a variation of five feet (5) Any such requests would have to be
maximum in the grades as shown on the Grading processed as Permit Adjustments subject
Plan exhibit, subject to approval of the Community to the approval of the Planning Director.
Development Director/City Council that the overall
design and visual quality would not be significantly
affected.
9. 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 Moorpark 150 LLC. 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 Moorpark 150, LLC 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 Dale Meredith on Behalf of Moorpark 150, LLC.
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CC ATTACHM T 2
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SAGE
COMMUNITY GROUP
March 8, 2010
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Joseph Vacca
Re: TTM 5130 Development Agreement
Dear Mr. Vacca:
On behalf of Moorpark 150 LLC, the owner of the captioned property, the following is a project update
in accordance with the'City's annual review process:
• The improvement plans and Final Map were submitted for final plancheck in 2009. Comments
were received and the final plans were revised and are now ready for re-submittal.
• The homeowner easements necessary for the improvements to Walnut Canyon Road were
accepted by the City in November 2008. The City Clerk found errors in three signatures. Those
documents were corrected and new signatures were obtained. The corrected documents have
been re-submitted to the City Engineer.
• A conceptual landscape plan for a landscaped parkway on the west side of Walnut Canyon Road
was prepared and reviewed by City staff. Our consultant is now preparing working drawings in
accordance with the approved conceptual plan.
• California State Fish and Game issued an extension of our existing Streambed Alteration permit
addendum in December 2009.
• The Regional Water Quality Control Board permit for the project was renewed in April 2009.
• We are negotiating a Development and Disposition Agreement with the Redevelopment Agency
to satisfy the affordable housing requirement set forth in the Development Agreement.
Based on our continuing and ongoing efforts at seeking approvals of our plans, we hope you will find
we are in compliance with all conditions set forth in the Development Agreement.
Please feel free to contact me if you have any questions regarding this information.
Sincerely,
Sage Community Group
Dale Meredith
Project Manager
CC ATTACHMENT 3
3 Corporate Plaza, Suite 102 Newport Beach, CA 92660 (949)644-3514 (949)644-3977
119